NIPAS Act of 1992 (RA 7586)

National Integrated Protected Areas System Act

Protected Area
What is a “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 a gainst destructive human exploitation;

Declared Policy
*It is hereby declared the policy of the State to secure for the Filipino people of present and future generations the perpetual
existence of all native plants and animals through the establishment of a comprehensive system of integrated protected areas within
the classification of national park as provided for in the Constitution.
*It is hereby recognized that these areas, although distinct in features, possess common ecological values that may be incorporated
into a holistic plan to conserve and protect our natural heritage; that effective administration of these areas is possible only through
cooperation among the national government, local governments, concerned nongovernment organizations, private organizations,
and local communities; that the use and enjoyment of these protected areas much be consistent with the principles of biological
diversity and sustainable development.
*To this end, there is hereby established a National Integrated Protected Areas System (NIPAS), which shall encompass ecologically
rich and unique areas and biologically important public lands that are habitats of rare and threatened species of plants and animals,
biogeographic zones and related ecosystems, whether terrestrial, wetland or marine, all of which shall be designated as 'protected
areas'. The System shall recognize conservation areas and the management regimes being implemented by local government units
(LGUs), local communities and indigenous peoples (IPs).
*The State shall ensure the full implementation of this Act, the mobilization of resources for the institutional mechanisms herein
established, and the full scientific and technical support needed for the conservation of biodiversity and the integrity of the
ecosystems, culture and indigenous practices.

What is National Integrated Protected Areas System (NIPAS)”?

It is the 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:

Strict nature reserve Natural park
Natural monument
Wildlife sanctuary
Protected landscapes and seascapes
Resource reserve
Natural biotic areas
Other categories established by law, conventions or international agreements which the Philippine Government is a signatory.

Strict Nature Reserve

is an area possessing some outstanding ecosystem, features and/or species of flora and fauna of national scientific importance
maintained to protect nature and maintain processes in an undisturbed state in order to have ecologically representative examples
of the natural environment available for scientific study, environmental monitoring, education, and for the maintenance of genetic
resources in a dynamic and evolutionary state;

Natural Park
is a relatively large area not materially altered by human activity where extractive resource uses are not allowed and maintained to
protect outstanding natural and scenic areas of national or international significance for scientific, educational and recreational use;

Natural Monument
is a relatively small area focused on protection of small features to protect or preserve nationally significant natural features on
account of their special interest or unique characteristics;

Wildlife Sanctuary
Comprises an area which assures the natural conditions necessary to protect nationally significant species, groups of species, biotic
communities or physical features of the environment where these may require specific human manipulations for their perpetuation.

Protected Landscapes and Seascapes

are areas of national significance which are characterized by the harmonious interaction of man and land while providing
opportunities for public enjoyment through the recreation and tourism within the normal lifestyle and economic activity of these
areas;

Resource Reserve
is an extensive and relatively isolated and uninhabited area normally with difficult access designated as such to protect natural
resources of the area for future use and prevent or contain development activities that could affect the resource pending the
establishment of objectives which are based upon appropriate knowledge and planning;
-Siocon, Zamboanga Del Norte, 793.74 ha, established in 1999
-Upper Agno River Basin, Cordillera/Nueva Vizcaya, established in 2000

Natural Biotic Areas

is an area set aside to allow the way of life of societies living in harmony with the environment to adapt to modern technology at
their pace;
-Basilan, 4,497.00 ha, established in 2000
-Lagonoy, Camarines Sur, 444.60 ha, established in 2000

Other Categories Established by Law, Conventions or International Agreements which the Philippine Government is a Signatory

Wilderness areas
-Caniago Strait Islands, Bohol, 210.00 ha, established in 1981
-Cebu Strait Islands, Bohol, 34.00 ha, established in 1981

Establishment and Extent of the System (Sec. 5)

All areas or islands in the Philippines proclaimed, designated or set aside, pursuant to a law, presidential decree, presidential
proclamation or executive order as protected areas 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.

Aside from the areas already declared as protected areas through acts of Congress, the law also established 94 parcels of land
and/or bodies of water as protected areas within the classification of national park pursuant to the Philippine Constitution

All DENR records pertaining to said protected areas, including maps and legal descriptions or natural boundaries, copies of rules and
regulations governing them, copies of public notices of, and reports submitted to Congress regarding pending additions,
eliminations, or modifications shall be made available to the public.

The DENR shall conduct a suitability assessment for each of the proposed protected area. If found suitable for inclusion in the
System according to the categories established in Section 3, REPORT shall be submitted to the president as soon as the study is
completed. This includes the conduct of a public consultation.
This includes the conduct of a public consultation.

Administration and Management of the System (Sec. 10)

The National Integrated Protected Areas System is hereby placed under the control and administration of the DENR through the
Biodiversity Management Bureau (BMB).

Specific Powers of the DENR Secretary

*Issue a system-wide set of rules and regulations to implement the provision of this Act;
*Set standards, procedures, and protocols for the establishment and management of protected areas and the System, such as, but
not limited to conduct of study, zoning, review of plans and project proposals, specifications and types of buildings and other
structures, and installation of uniform markers and symbols;
*Deputize field officers and other technical and support personnel;
*Determine a system-wide set of fees and charges to ensure sustainable financing of protected areas and the System;
*Impose administrative fines and penalties;

Specific Powers of the DENR Secretary

*Report on the status of the Integrated Protected Area Fund (IPAF), its collection of fees, and disbursements from the IPAF;
*Designate the appropriate Chairperson of each PAMB; Enter into contracts and/or agreements with private entities or public
agencies as may be necessary to carry out the objectives of the System;
*Accept in the name of the Philippine Government and in behalf of NIPAS funds, gifts or bequest of money for immediate
disbursements or other property in the interest of the NIPAS, its activities or its services;
*Call on any agency or instrumentality of the Government as well as academic institutions, NGOs and the private sector as may be
necessary to accomplish the objectives and activities of the System;
*Submit an annual report to the President of the Republic of the Philippines and to Congress on the status of protected areas in the
country;
*Oversee and set guidelines in the construction, operations and maintenance of roads, trails, waterworks, sewerage systems, fire
protection, sanitation systems and other public utilities within the protected area;
*Within the limits allowed by existing laws, rules and regulations ensure that settlement areas inside the protected area shall not be
expanded and that coverage shall only be limited to the original area/s occupied by tenured migrants and indigenous communities;
and
*Perform such other functions as may be directed by the President of the Republic of the Philippines, and to do such acts as may be
necessary to the accomplishment of the purposes and objectives of the System.

Protected Area Management Board (Sec. 11)

A PAMB shall be created for each of the protected areas designated as initial component, established by presidential proclamation,
and declared by law.

Composition of the PAMB

*DENR Regional Director under whose jurisdiction the protected area is located, as Chairperson; *Governor/s of the province/s
where the protected area is located or their duly designated representative/s;
*A Senator of the Republic of the Philippines who is a duly registered resident of the city or province where the protected area is
located or a duly authorized representative, unless the Senator declines membership in the PAMB;
*District Representative/s of the Congressional district/s where the protected area is located or their duly designated
representatives, unless the District Representative declines membership in the PAMB; *Mayor/s of the city/cities or
municipality/municipalities where the protected area is located or their duly designated representative/s;
*Chairpeson/s of the barangay/s where the protected area is located;
*Regional Directors of the following government agencies, namely: the Department of Agriculture (DA), the National Economic and
Development Authority (NEDA), the Department of Science and Technology (DOST), the Philippine National Police (PNP), and the
Department of National Defense (DND);
*Three (3) representatives from either an NGO or PO, duly accredited both by the DENR and the provincial government. The NGO or
PO represented should have been in existence for at least five (5) years and with track record in or related to protected area
management;
*At least one (1) but not more than three (3) representatives from all the IPs/ICCs present in the area and recognized by the
National Commission on Indigenous Peoples (NCIP);
*One (1) representative from an academic institution, preferably from a university or college in the province where the protected
area is located, with proven track record in or related is located, with proven track record in or related to the protected area
management; and
*One (1) representative from the private sector, preferably a resident of the province where the protected area is located, who is
distinguished in a profession or field of interest relevant to the protected area management.

Powers and Functions of the PAMB (Sec. 11-A)

*Oversee the management of the protected area; Approve policies, plans and programs, proposals, agreements, and other related
documents for the management of the protected areas;
*Approve the management plan of the protected area and ensure its harmonization and integration with the ADSDPP, land use plan
and other development plan public or private, and its implementation; *Adopt a manual of operations to include rules of procedures
in the conduct of business, and the creation of committees and their respective terms of reference;
*Recommend the deputation of appropriate agencies and individuals for the enforcement of the laws, rules and regulations
governing the management of protected area;
* Allocate financial resources for the implementation of the management plan and manage the Protected Area Retention Income
Account and and other funds in accordance with the accounting and budgeting rules and regulations;
*Set fees and charges in accordance with the existing guidelines;
*Issue rules and regulations for the resolution of conflicts through appropriate and effective means; *Recommend appropriate
policy changes to the DENR and other governing authorities;
*Monitor and assess the performance of the protected area personnel and compliance of partners with the terms and conditions of
any undertaking, contract or agreement;
*Recommend from among a shortlist of qualified candidates, the designation or appointment of the PASU; and
*Assess the effectiveness of the management of the protected area.

Protected Area Management Office (Sec. 11-B)

*Headed by a Protected Area Superintendent (PASU)
*The PASU shall supervise the day to day management, protection and administration of the protected area
*A sufficient number of support staff shall be appointed by the DENR to assist the PASU in the management of the protected area.
*The PASU shall be primarily accountable to the PAMB and the DENR for the management and operations of the protected area.

Duties and Responsibilities of the PASU

*Prepare the management plan;
*Ensure the integration of the protected area management plans, programs, projects, and policies with relevant national and LGUs'
plans and programs;
*Provide secretariat services to the PAMB;
*Formulate and recommend to the PAMB proposed policies, rules, regulations, and programs;
*Establish, operate, and maintain a database management system;
*Enforce the laws, rules and regulations relevant to the protected area;
*Monitor, evaluate, and report the implementation of management activities of protected area; *Request for and receive any
technical assistance support or advice from any agency or instrumentality of the government as well as academic institutions, NGOs,
and the private sector, as may be necessary for the effective management, protection and administration of the protected area;
*Issue permits and clearances for activities that implement the management plan and other permitted activities in accordance with
terms, conditions, and criteria established by the PAMB;
*Collect and/or receive pertinent fees, charges, donations, and other income for the protected area; *Prepare and recommend to
the PAMB, approval of the annual work and financial plans of the protected area based on the management plan; and
*Perform such other functions as the PAMB and the DENR may assign.

Environmental Impact Assessment

*Protected areas are environmentally critical areas, therefore projects and activities within these areas should secure an ECC.
*No project or activity may be undertaken by any project proponent without prior clearance from the PAMB.
*The DENR shall require the submission of the PAMB clearance, among others, before issuing an ECC to a project proponent.

Ancestral Domains and Customary Rights

*Ancestral domains and customary rights shall be accorded due recognition
*Territories and areas occupied and conserved for and by IPs and communities shall be recognized, respected, developed, and
promoted
*The ICCs and IPs concerned shall have the responsibility to govern, maintain, develop, protect, and conserve such areas, in
accordance with their indigenous knowledge systems and practices and customary law, with full and effective assistance from the
NCIP, DENR and other concerned government agencies.

Tax Exemption (Sec. 16-A)

*Applicable all grants, bequests and endowments, donations and contributions made to the protected area fund to be used actually,
directly, and exclusively by the protected area,
-Exempted from donor's tax; and
-Shall be considered as allowable deduction from the gross income of the donor for the purpose of computing the taxable income
of the donor

Special Prosecutors and Retained Counsel

*The DOJ shall appoint special prosecutors to prosecute violations of laws, rules and regulations in protected areas
-coordinate with the PAMB and the PASU in the performance of duties and assist in the training of wardens and rangers in arrest and
criminal procedures
*The PAMB may retain the services of counsel to prosecution of cases under the direct control and supervision of the regular or
special prosecutor.
-Said counsel shall also represent and defend the members of the PAMB, PASU and the staff, or any DENR-deputized individual and
volunteer, against any legal action arising from the performance of their powers, functions and responsibilities.

Prohibited Acts (Sec. 20)

*Poaching, killing, destroying, disturbing of any wildlife including in private lands within the protected area;
*Hunting, taking, collecting, or possessing of any wildlife, or by-products derived therefrom, including in private lands within the
protected area without the necessary permit, authorization or exemptions; *Cutting, gathering, removing or collecting timber within
protected area including private lands therein, without the necessary permit, authorization, certification of plated trees or
exemption such as for culling exotic species; except however, when such acts are done in accordance with the duly recognized
practices of IPs/ICCs of subsistence purposes;
*Possessing or transporting outside the protected area any timber, forest products, wildlife, or by-products derived therefrom which
are ascertained to have been taken from the protected area other than exotic species, the culling of which has been authorized
under an appropriate permit;
*Using any fishing or harvesting gear and practices or any of their variations that destroys coral reefs, seagrass beds or other marine
life and their associated habitats or terrestrial habitat as may be determined by the DA or the DENR: Provided That mere possession
of such gears within the protected areas shall be prima facie evidence of their use;
*Dumping, throwing, using, or causing to be dumped into or placed in the protected area of any toxic chemical, noxious or
poisonous substance or nonbiodegradable material, untreated sewage or animal waste or products whether in liquid, solid or gas
state, including pesticides and other hazardous substances as defined under Republic Act No. 6969, detrimental to the protected
area, or to the plants and animals or inhabitants therein;
*Operating any motorized conveyance within the protected area without permit from the PAMB, except when the use of such
motorized conveyance is the only practical means of transportation of IPs/ICCs in accessing their ancestral domain/land;
*Altering, removing, destroying or defacing boundary marks or signs;
*Engaging in 'kaingin' or, in any manner, causing forest fires inside the protected area;
*Mutilating, defacing, destroying, excavating, vandalizing or, in any manner, damaging any natural formation, religious, spiritual,
historical sites, artifacts and other objects of natural beauty, scenic value or objects of interest to IPs/ICCs;
*Damaging and leaving roads and trails in damaged condition;
*Littering or depositing refuse or debris on the ground or in bodies of water;
*Possessing or using blasting caps or explosives anywhere within the protected area; Occupying or dwelling in any public land within
the protected area without clearance from the PAMB;
*Constructing, erecting, or maintaining any kind of structure, fence or enclosure, conducting any business enterprise within the
protected area without prior clearance from the PAMB and permit from the DENR, or conducting these activities in a manner that is
inconsistent with the management plan duly approved by the PAMB;
*Undertaking mineral exploration or extraction within the protected area;
*Engaging in commercial or large-scale quarrying within the protected area;
*Establishing or introducing exotic species, including GMOs or invasive alien species within the protected area;
*Conducting bioprospecting within the protected area without prior PAMB clearance in accordance with existing guidelines;
*Prospecting, hunting or otherwise locating hidden treasures within the protected area;
*Purchasing or selling, mortgaging or leasing lands or other portions of the protected area which are covered by any tenurial
instrument; and
*Constructing any permanent structure within the forty (40)-meter easement from the high water mark of any natural body of water
or issuing a permit for such construction pursuant to Article 51 of Presidential Decree No. 1067.

Penalties (Sec. 21)

*Violation of Par. (a) to (e) Sec. 20
-Fine = Php200,000.00 to Php1,000,00000
-Imprisonment = 1 to 6 years, or both fine and imprisonment
*Damages = Triple the value of the resource
*Violation of Par. (f) to (n) Sec. 20
-Fine = Php200,000.00 to Php1,000,00000
-Imprisonment = 1 to 6 years or both fine and imprisonment
*Violation of Par. (o) to (v) Sec. 20
-Fine = Php1,000,000.00 to Php5,000,00000
-Imprisonment = 6 to 12 years or both fine and imprisonment
*Existing facilities under Sec. 24
-if its existence and future plans and operations will be detrimental to the the PA
*Fine = Php50,000 daily
*For every continuing violation, or if the violation continues to be committed for thirty (30) days and upon reaching a total fine of
Five hundred thousand pesos (P500,000), the PAMB shall cause the cessation of operation and either forfeit in favor of the PAMO or
demolish the facility at the cost of its owner.
*If the facility is government-owned, the agency in charge shall submit a plan for a substitute facility that complied with the
protected areas standards and, within 1 year execute the approved protected area management plan.
*Violation of any rule, regulation, or provision of any agreement reached with the PAMB
*Fine = Php50,000.00 to Php5,000,000.00
*If the area which sustained damages requires rehabilitation or restoration, the offender shall be required to do so or pay
compensations for such damages
*Eviction of the offender from the protected area
*Minerals, timber or species collected or removed from the protected area, including all equipment, devices, conveyances and fire
arms used in connection therewith shall be forfeited in favor of the government.
Wildlife Resources Conservation and Protection Act (RA 9147)

Wildlife Species
*“Wildlife” means wild forms and varieties of flora and fauna, in all developmental stages, including those which are in
captivity or are being bred or propagated;
*“Threatened species” a general term to denote species or subspecies considered as critically endangered, endangered,
vulnerable or other accepted categories of wildlife whose population is at risk of extinction;
-“Criticaly endangered species” refers to a species or subspecies that is facing extremely high risk of extinction in the
wild in the immediate future;
-“Endangered species” refers to species or subspecies that is not critically endangered but whose survival in the wild is
unlikely if the causal factors continue operating;
-“Vulnerable species” refers to species or subspecies that is not critically endangered nor endangered but is under
threat from adverse factors throughout their range and is likely to move to the endangered category in the near future;

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:
-to conserve and protect wildlife species and their habitats to promote ecological balance and enhance biological
diversity;
-to regulate the collection and trade of wildlife;
-to pursue, with due regard to the national interest, the Philippine commitment to international conventions, protection
of wildlife and their habitats; and
-to initiate or support scientific studies on the conservation of biological diversity.

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

Jurisdiction of the DENR and the Department of Agriculture

*The 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.x

Some Human Activities Regulated by the law

*Collection of Wildlife (Sec. 7)
*Possession of Wildlife (Sec. 8)
*Collection and/or Possession of By-Products and Derivatives (Sec. 9)
*Exportation and/or Importation of Wildlife (Sec. 11)
*Introduction, Reintroduction or Restocking of Endemic or Indigenous Wildlife (Sec. 12)
*Introduction of Exotic Wildlife (Sec. 13) Bioprospecting (Sec. 14)
*Scientific Researches on Wildlife (Sec. 15)
*Commercial Breeding or Propagation of Wildlife Resources (Sec. 17)

Authority of the Secretary to Issue Permits (Sec. 20)

*Wildlife farm or culture permit 3 to 5 years;
*Wildlife collector’s permit 1 to 3 years;
*Gratuitous permit 1 year;
*Local transport permit 1 to 3 months; and
*Export/Import/Reexport permit 1 to 6 months.
-These permits may be renewed subject to the guidelines issued by the appropriate agency and upon consultation with
concerned groups.

Fees and Charges (Sec. 21)

*Reasonable fees and charges as may be determined upon consultation with the concerned groups, and in the amount
fixed by the Secretary shall be imposed for the issuance of permits enumerated in the preceding section.
*For the export of wildlife species, an export permit fee of not greater than three percentum (3%) of the export value,
excluding transport costs, shall be charged: Provided, however, That in the determination of aforesaid fee, the
production costs shall be given due consideration.

Illegal Acts (Sec. 27)

*killing and destroying wildlife species, except in the following instances;
-when it is done as part of the religious rituals of established tribal groups or indigenous cultural communities;
-when the wildlife is afflicted with an incurable communicable disease;
-when it is deemed necessary to put an end to the misery suffered by the wildlife;
-when it is done to prevent an imminent danger to the life or limb of a human being; and
-when the wildlife is killed or destroyed after it has been used in authorized research or experiments.
*inflicting injury which cripples and/or impairs the reproductive system of wildlife species;
*effecting any of the following acts in critical habitat(s):
-dumping of waste products detrimental to wildlife;
-squatting or otherwise occupying any portion of the critical habitat;
-mineral exploration and/or extraction;
-burning;
-logging; and
-quarrying
*introduction, reintroduction or restocking of wildlife resources;
*trading of wildlife;
*collecting, hunting or possessing wildlife, their by-products and derivatives;
*gathering or destroying of active nests, nest trees, host plants and the like;
*maltreating and/or inflicting other injuries not covered by the preceding paragraph; and
*transporting of wildlife

Penalties for Violations of this Act (Sec. 28)

*Any person who undertakes illegal acts under Section 27 may suffer imprisonment and/or imposition of fines,
depending on the illegal act committed.
*All wildlife, its derivatives or by-products, and all paraphernalia, tools and conveyances used in connection with
violations of this Act, shall be ipso facto forfeited in favor of the government: Provided, That where the ownership of
the aforesaid conveyances belong to third persons who has no participation in or knowledge of the illegal acts, the same
may be released to said owner. The apprehending agency shall immediately cause the transfer of all wildlife that have
been seized or recovered to the nearest Wildlife Rescue Center of the Department in the area.
*If the offender is an alien, he shall be deported after service of sentence and payment of fines, without any further
proceedings.

Miscellaneous Provisions
SECTION 29. Wildlife Management Fund. — There is hereby established a Wildlife Management Fund to be
administered by the Department as a special account in the National Treasury. It shall finance rehabilitation or
restoration of habitats affected by acts committed in violation of this Act and support scientific research, enforcement
and monitoring activities, as well as enhancement of capabilities of relevant agencies.
The Fund shall derive from fines imposed and damages awarded, fees, charges, donations, endowments, administrative
fees or grants in the form of contributions. Contributions to the Fund shall be exempted from donor taxes and all other
taxes, charges or fees imposed by the government.

SECTION 34. Exemption from Taxes. — Any donation, contribution, bequest, subsidy or financial aid which may be
made to the Department of Environment and Natural Resources or to the Department of Agriculture and to NGOs
engaged in wildlife conservation duly registered with the Securities and Exchange Commission as certified by the local
government unit, the Department of Environment and Natural Resources or the Department of Agriculture, for the
conservation and protection of wildlife resources and their habitats shall constitute as an allowable deduction from the
taxable income of the donor and shall be exempt from donor’s tax.
Revised Forestry Code of the Philippines Presidential Decree No. 705

FORESTS
• Among the most valuable natural resources in the Philippines.
• They provide a range of ecosystem services, ranging from the provision of food crops, livestock and fish to providing
recreational experiences.
• Forests also serve as significant carbon sink and are vital for biological conservation and environmental protection,
locations for education and research, habitat for indigenous flora and fauna, and resettlement areas.

FOREST DEFINED
• The Forest Management Bureau (FMB) of the Department of Environment and Natural Resources (DENR) defines
“forest” as land with an area of more than 0.5 hectare and tree crown cover (or equivalent stocking level) of more than
10 percent. The trees should be able to reach a minimum height of 5 meters at maturity in situ (original
position/location).

FOREST SEC. 3 OF P.D. N0. 705

• Forest lands include the public forest, the permanent forest or forest reserves, and forest reservations.
• Public forest is the mass of lands of the public domain which has not been the subject of the present system of
classification for the determination of which lands are needed for forest purposes and which are not.
• Permanent forest or forest reserves refer to those lands of the public domain which have been the subject of the
present system of classification and determined to be needed for forest purposes.
• Forest reservations refer to forest lands which have been reserved by the President of the Philippines for any specific
purpose or purposes.

Philippine Setting
• In 1934, forests comprised more than half (57%) of the country’s total land area.
• By 2010, the forest cover has gone down to 23 percent or about 6.8 million hectares

Policies
• The multiple uses of forest lands shall be oriented to the development and progress requirements of the country, the
advancement of science and technology, and the public welfare;
• Land classification and survey shall be systematized and hastened;
• The establishment of wood-processing plants shall be encouraged and rationalized; and
• The protection, development and rehabilitation of forest lands shall be emphasized so as to ensure their continuity in
productive condition.

System of Land Classification

• DENR Secretary 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.

Areas Needed for Forest Purposes

These lands may not be classified as alienable and disposable:
• Areas less than 250 hectares which are far from, or are not contiguous with any certified alienable and disposable land
• Isolated patches of forest of at least five (5) hectares with rocky terrain, or which protect a spring for communal use
• Areas which have already been reforested
• Areas within forest concessions which are timbered or have good residual stocking to support an existing, or approved
to be established, wood processing plant.
•Ridge tops and plateaus regardless of size found within, or surrounded wholly or partly by, forest lands where
headwaters emanate
• Appropriately located road-rights-of-way
• 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;
• 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;
• 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
• Areas previously proclaimed by the President as forest reserves, national parks, game refuge, bird sanctuaries, national
shrines, national historic sites.

Establishment of Boundaries of Forest Lands

• All boundaries between permanent forests and alienable or 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.
• In all cases of boundary conflicts, reference shall be made to the Philippine Coast and Geodetic Survey Topo map.

Multiple Use
• The numerous beneficial uses of the timber, land, soil, water, wildlife, recreation value and grass of forest lands shall
be evaluated and weighted before allowing the utilization, exploitation, occupation or possession thereof, or the
conduct of any activity therein.

License Agreement
• No person may utilize, exploit, occupy, possess or conduct any activity within any forest and grazing land, or establish,
install, add and operate any wood or forest products processing plant, unless he had been authorized to do under a
license agreement, license, lease or permit.

Sustained Yield
• All measures shall be taken to achieve an approximate balance between growth and harvest or use of forest products
in forest lands.

CRIMINAL OFFENSES AND PENALTIES

• Cutting, gathering and/or collecting, timber or other products without license
• Possession of timber forest products without the legal documents as required under existing forest laws and
regulations
• qualified theft as defined and punished under Articles 309 and 310 of the Revised Penal Code
• confiscation in favor of the government of the timber or forest products cut, gathered, collected, removed, or
possessed and the machinery, equipment, implements and tools used therein
Related Provisions
• Administrative Authority of the DENR Secretary or His Duly Authorized Representative to Order Confiscation
• Rewards to Informants

CRIMINAL OFFENSES AND PENALTIES

• Unlawful occupation or destruction of forest lands and grazing lands
• Fine in an amount of not less than P500.00 nor more than P20,000.00; and
• Imprisonment for not less than six (6) months nor more than two (2) years
• Payment of 10 times the rental fees and other charges which would have been accrued had the occupation and use
of the land been authorized under a license agreement, lease, license or permit
• in the case of an offender found guilty of making kaingin, the penalty shall be imprisonment for not less than two
(2) nor more than four (4) years and a fine equal to eight (8) times the regular forest charges due on the forest products
destroyed, without prejudice to the payment of the full cost of production of the occupied area
• Eviction and forfeiture of all improvements made and all vehicles, domestic animals and equipment of any kind used in
the commission of the offense.

Pasturing Livestock
• Imprisonment of not less than 6 months nor more that 2 years;
• Fine equal to 10 times the regular rental due
• Confiscation of livestock and all improvements introduced in the area in favor of the government

Illegal Occupation of National Parks System and Recreation Areas and Vandalism Therein
• Fine of not less that Php500.00 or more than Php20,000.00, exclusive of the value of the thing damaged
• If the area requires rehabilitation or restoration, the offender shall also be required to restore or compensate or the
restoration of the damage
• Eviction of the offender from the land and the forfeiture in favor of the government of all timber or any species or
vegetation and other natural resources collected or removed, and any construction or improvement made thereon by
the offender.

Destruction of Wildlife Resources

• Fine not less than Php100.00 for each such violation • Denial of a permit for a period of 3 years from the date of the
violation.

Survey by Unauthorized Persons

• Imprisonment for not less than 2 years nor more than 4 years
• Confiscation of the implements used in the violation
• Cancellation of license, if any

Misclassification and Survey by Government Official or Employee

• Dismissal from service with prejudice to reemployment
• Imprisonment of not less than one (1) year
• Fine of not less than Php1,000.00

Tax Declaration on Real Property

• Imprisonment for a period of not less than two (2) nor more than four (4) years
• Perpetual disqualification from holding an elective or appointive office
Coercion and Influence
• Any person who coerces, influences, abets or persuades the public officer or employee referred to in Sections 74 and
75 commit any of the acts mentioned therein
• Imprisonment of not less than one (1) year
• Fine of Php500.00 for every hectare or a fraction thereof so improperly surveyed, classified or released • Any person
who coerces, influences, abets or persuades the public officer or employee by using power and influence in deciding any
pending case or matter in his favor
• Imprisonment of not less than one (1) year
• Fine of not more than five thousand pesos (P5,000.00)

Payment, Collection and Remittance of Forest Charges

• Any person who fails to pay the amount due and payable under the provisions of this Code, the National Internal
Revenue Code, or the rules and regulations promulgated thereunder,
• Payment of a surcharge of twenty-five per centum (25%) of the amount due and payable
• Any person who fails or refuses to remit to the proper authorities said forest charges collectible pursuant to the
provisions of this Code or the National Internal Revenue Code, or who delays, obstructs or prevents the same, or who
orders, causes or effects the transfer or diversion of the funds for purposes other than those specified in this Code
• Fine of not exceeding one hundred thousand pesos (P100,000) and/or
• Imprisonment for a period of not exceeding six (6) years.

Sale of Wood Products

• No person shall sell or offer for sale any log, lumber, plywood or other manufactured wood products in the
international or domestic market unless he complies with grading rules and established or to be established by the
Government.
• Suspension of the export, sawmill, or other license or permit authorizing the manufacture or sale or such products
for a period of not less than two (2) years.
• Every dealer in lumber and other building material covered by this Code shall issue an invoice for each sale of such
material and such invoice shall state that the kind, standard and size of material sold to each purchaser in exactly the
same as described in the invoice.
• Suspension of the dealer’s license for a period of not less than two (2) years
• Fine of not less than Php200.00 or the total value of the invoice, whichever is greater.

Arrest; Institution of criminal actions.

• A forest officer or employee of the Bureau or any personnel of the PNP shall arrest even without warrant any person
who has committed or is committing in his presence any of the offenses defined in this Chapter.
• He shall also seize and confiscate, in favor of the Government, the tools and equipment used in committing the
offense, and the forest products cut, gathered or taken by the offender in the process of committing the offense.
• The arresting forest officer or employee shall thereafter deliver within six (6) hours from the time of arrest and seizure,
the offender and the confiscated forest products, tools and equipment to, and file the proper complaint with, the
appropriate official designated by law to conduct preliminary investigations and file informations in court.
Philippine Clean Water Act of 2004 R.A. No. 9275

Water Pollution
*Water is essential to life.
*Water pollution is one of the most serious ecological threats we face today.
*Clean and plentiful water provides the foundation for prosperous communities. We rely on clean water to survive, yet
right now we are heading towards a water crisis. Changing climate patterns are threatening lakes and rivers, and key
sources that we tap for drinking water are being overdrawn or tainted with pollution.
*“Water pollution happens when toxic substances enter water bodies such as lakes, rivers, oceans and so on, getting
dissolved in them, lying suspended in the water or depositing on the bed. This degrades the quality of water.” (World
Wildlife Fund)
*A 1969 United Nations report defined ocean pollution as “(t)he introduction by man, directly or indirectly, of
substances or energy into the marine environment (including estuaries) resulting in such deleterious effects as harm to
living resources, hazards to human health, hindrance to marine activities, including fishing, impairment of quality for use
of sea water and reduction of amenities.

Water Pollution Under the CWA

The Philippine Clean Water Act defines water pollutions as any alteration of the physical, chemical, biological, or
radiological properties of a water body resulting in the impairment of its purity or quality.

Sources of Water Pollution

*“Water pollution can be caused in a number of ways, one of the most polluting being city sewage and industrial waste
discharge. Indirect sources of water pollution include contaminants that enter the water supply from soils or
groundwater systems and from the atmosphere via rain.” (WWF)
*According to Dr. Ken Rubin, there are Two General Categories of water pollution sources:
*Direct Contaminant Sources - Include effluent outfalls from factories, refineries, waste treatment plants etc.. that
emit fluids of varying quality directly into urban water supplies.
*Indirect Contaminant Sources - Include contaminants that enter the water supply from soils/groundwater systems
and from the atmosphere via rain water. Soils and groundwaters contain the residue of human agricultural practices
(fertilizers, pesticides, etc..) and improperly disposed of industrial wastes. Atmospheric contaminants are also derived
from human practices (such as gaseous emissions from automobiles, factories and even bakeries).

Situation in the Philippines

*As early as 1996, monitoring of the country’s rivers showed that only 51% of the classified rivers still met the standards
for their most beneficial use. The rest were already polluted from domestic, industrial and agricultural sources.
*Most studies point to the fact that domestic wastewater is the principal cause of organic pollution (at 48%) of our
water bodies. Yet only 3% of investments in water supply and sanitation were going to sanitation and sewage treatment.
*A recent World Bank Report pointed out that Metro Manila was second to the lowest in sewage connections among
major cities in Asia and less than 7% compared to 20% for Katmandu, Nepal and 30% for Dhaka, Bangladesh. Thirty-one
percent of all illnesses in the country are attributed to polluted waters.

Coverage of the Philippine CWA

*This Act shall apply to water quality management in all water bodies: Provided, That it shall primarily apply to the
abatement and control of pollution from land based sources: Provided, further, That the water quality standards and
regulations and the civil liability and penal provisions under this Act shall be enforced irrespective of sources of
pollution. (Section 3, RA No. 9275)
 *WATER BODIES -means both natural and man-made bodies of fresh, brackish, and saline waters, and includes, but is
not limited to, aquifers, groundwater, springs, creeks, streams, rivers, ponds, lagoons, water reservoirs, lakes, bays,
estuarine, coastal and marine waters. Water bodies do not refer to those constructed, developed and used purposely as
water treatment facilities and / or water storage for recycling and re-use which are integral to process industry or
manufacturing.

Applicability of CWA to Marine Pollution and Disposal of Effluents on Land

*“In addition to regulating pollution of water bodies, the DENR shall formulate and apply standards for the transport
and disposal of effluent, sewage and septage offsite, whether offshore or on land as well as disposal of industrial
wastewater on land.” (Rule 3.1, DAO No. 2005-10, Implementing Rules and Regulations of the Philippine Clean Water
Act of 2004)
*Effluent - means discharge from known sources which is passed into a body of water or land, or wastewater flowing
out of a manufacturing plant, industrial plant including domestic, commercial and recreational facilities.
*Septage - means the sludge produced on individual onsite wastewater disposal systems, principally septic tanks and
cesspools.
*Sewage - means water-borne human or animal wastes, excluding oil or oil wastes, removed from residences,
building, institutions, industrial and commercial establishments together with such groundwater, surface water and
storm water as maybe present including such waste from vessels, offshore structures, other receptacles intended to
receive or retain waste or other places or the combination thereof.

Water Quality Management Area

*The CWA divided the country into Water Quality Management Areas under Section 5 of the law.
*The DENR, in coordination with National Water Resources Board (NWRB), shall designate certain areas as water
quality management areas using appropriate physiographic units such as watershed, river basins or water resources
regions.
* Said management areas shall have similar hydrological, hydrogeological, meteorological or geographic conditions
which affect the physicochemical, biological and bacteriological reactions and diffusions of pollutants in the water
bodies, or otherwise share common interest or face similar development programs, prospects or problems. Water
Quality Management Area
*Each management area shall be governed by a governing board composed of the following:
-representatives of mayors and governors of member local government units (LGUs),
-representatives of relevant national government agencies,
-representatives of duly a registered non-governmental organization, water utility sector, and business sector
- DENR representative who shall chair the governing board
*The governing board shall formulate strategies to coordinate policies necessary for the effective implementation of the
Clean Water Act in accordance with those established in the framework and monitor the compliance with the action
plan.
*Each management area shall create a multi-sectoral group to establish and effect water quality surveillance and
monitoring network including sampling schedules and other similar activities. The group shall submit its report and
recommendation to the chairman of the governing board.

LLDA
The areas within the jurisdiction of the Laguna Lake Development Authority (LLDA) shall be designated as one
management area under the administration of LLDA in accordance with R.A. No. 4850, as amended: Provided, However,
That the standards promulgated pursuant to this Act and wastewater charge system established pursuant hereof shall
be enforced in said area. Water Quality Management Area
Waste Water Charge System
*The Department shall implement a wastewater charge system in all management areas including the Laguna Lake
Region and Regional Industrial Centers through the collection of wastewater charges/fees. The system shall be
established on the basis of payment to the government for discharging wastewater into the water bodies. (Section 13,
CWA)
*Wastewater charges shall be established taking into consideration the following:
-To provide strong economic inducement for polluters to modify their production or management processes or to invest
in pollution control technology in order to reduce the amount of water pollutants generated;
-To cover the cost of administering water quality management or improvement programs;
-Reflect damages caused by water pollution on the surrounding environment, including the cost of rehabilitation;
-Type of pollutant;
-Classification of the receiving water body; and
-Other special attributes of the water body.

Discharge Permits (Sec. 14)

*The DENR shall require owners or operators of facilities that discharge regulated effluents pursuant to the CWA to
secure a permit to discharge. The discharge permit shall be the legal authorization granted by the DENR to discharge
wastewater: Provided, That the discharge permit shall specify among others, the quantity and quality of effluent that
said facilities are allowed to discharge into a particular water body, compliance schedule and monitoring requirement.
*As part of the permitting procedure, the Department shall encourage the adoption of waste minimization and waste
treatment technologies when such technologies are deemed cost effective. The Department shall also develop
procedures to relate the current water quality guideline or the projected water quality guideline of the receiving water
body/ies with total pollution loadings from various sources, so that effluent quotas can be properly allocated in the
discharge permits.
*Effluent trading may be allowed per management area.

Rewards (Sec. 25)

*Rewards, monetary or otherwise, shall be provided to individuals, private organization and entities, including civil
society, that have undertaken outstanding and innovative projects, technologies, processes and techniques or activities
in water quality management.
*Said rewards shall be sourced from the Water Quality Management Fund.

Incentives Scheme (Sec. 26)

*An incentive scheme is provided in the CWA for the purpose of encouraging LGUs, water districts (WDs), enterprises, or
private entities, and individuals, to develop or undertake an effective water quality management, or actively participate
in any program geared towards the promotion thereof.
*Fiscal and Non-Fiscal Incentives
*Financial Assistance Programs
*Extension or Grants to LGUs

Prohibited Acts (Sec. 27)

*Discharging, depositing or causing to be deposited material of any kind directly or indirectly into the water bodies or
along the margins of any surface water, where, the same shall be liable to be washed into such surface water, either by
tide action or by storm, floods or otherwise, which could cause water pollution or impede natural flow in the water
body;
*Discharging, injecting or allowing to seep into the soil or sub-soil any substance in any form that would pollute
groundwater. In the case of geothermal projects, and subject to the approval of the Department, regulated discharge for
short- term activities (e.g. well testing, flushing, commissioning, venting) and deep re-injection of geothermal liquids
may be allowed: Provided, That safety measures are adopted to prevent the contamination of the groundwater;
*Operating facilities that discharge regulated water pollutants without the valid required permits or after the permit
was revoked for any violation of any condition therein;
*Operating facilities that discharge regulated water pollutants without the valid required permits or after the permit
was revoked for any violation of any condition therein;
*Disposal of potentially infectious medical waste into sea water by vessels unless the health or safety of individuals on
board the vessel is threatened by a great and imminent peril;
*Unauthorized transport or dumping into sea waters of sewage sludge or solid waste as defined under Republic Act
No.9003;
*Transport, dumping or discharge of prohibited chemicals, substances or pollutants listed under Republic Act No.6969;
Prohibited Acts (Sec. 27)
*Operate facilities that discharge or allow to seep, willfully or through gross negligence, prohibited chemicals,
substances or pollutants listed under R. A. No. 6969 into water bodies or wherein the same shall be liable to be washed
into such surface, ground, coastal, and marine water;
*Undertaking activities or development and expansion of projects, or operating wastewater/sewerage facilities in
violation of Presidential Decree. No.1586 and its implementing rules, and regulations;
*Discharging regulated water pollutants without the valid required discharge permit pursuant to this Act or after the
permit was revoked for any violation of condition therein;
*Non-compliance of the LGU with the Water Quality Framework and Management Area Action Plan. In such a case,
sanctions shall be imposed on the local government officials concerned;
*Refusal to allow entry, inspection and monitoring by the Department in accordance with this Act; Refusal to allow
access by the DENR to relevant reports and records in accordance with this Act;
*Refusal or failure to submit reports whenever required by the DENR in accordance with this Act;
*Refusal or failure to designate pollution control officers whenever required by, the DENR in accordance with this Act;
and
*Directly using booster pumps in the distribution system or tampering with the water supply in such a way as to alter or
impair the water quality.

Fines, Damages and Penalties (Sec. 28)

*Commission of Prohibited Acts and Violation of the CWA and its IRR
-FINE, upon the recommendation of the PAB in the amount of not less than Ten thousand pesos (P10,000.00) nor more
than Two hundred thousand pesos (P200,000.00) for every day of violation.
-Upon recommendation of the PAB, CLOSURE, SUSPENSION of development or construction, or CESSATION of
operations or, where appropriate DISCONNECTION of water supply, until such time that proper environmental
safeguards are put in place and/or actual compliance with the CWA or its rules and regulations.
*Failure to Undertake Clean-up Operations, Willfully, or Through Gross Negligence
-Imprisonment of not less than two (2) years and not more than four (4) years and a fine not less than Fifty thousand
pesos (P50,000.00) and not more than One hundred thousand pesos (P100,000.00) per day for each day of violation. -----
-Imprisonment of not less than six (6) years and one day and not more than twelve (12) years, and a fine of Five Hundred
Thousand Pesos (P500,000.00) per day for each day during which the omission and/or contamination continues, if such
failure or refusal which results in serious injury or loss of life and/or irreversible water contamination of surface, ground,
coastal and marine water.
*Gross Violation of CWA
-The PAB shall issue a resolution recommending that the proper government agencies file criminal charges against the
violators.
-The offenders shall be punished with a fine of not less than Five hundred thousand pesos (P500,000.00) but not more
than Three million pesos (P3,000,000.00) per day for each day of violation or imprisonment of not less than six (6) years
but not more than ten (10) years, or both, at the discretion of the court.
PHILIPPINE CLEAN AIR ACT OF 1999 R.A. No. 8749

AIR POLLUTION
*“Any alteration of the physical, chemical and biological properties of the atmospheric air, or any discharge thereto of
any liquid, gaseous or solid substances that will or is likely to create or to render the air resources of the country
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.” (Article II, Section 5 (b))
*“Air Pollution refers to the introduction of physicoc h e m i c a l o r b i o l o g i c a l m a t e r i a l s i n t o t h e atmosphere
that may cause harm or discomfort to humans or other living organisms, or deterioration of the natural environment.”

AIR POLLUTANTS
*Any matter found in the atmosphere other than oxygen, nitrogen, water vapor, carbon dioxide, and the inert gases all
in their natural or normal concentrations, that is detrimental to health or the environment, which includes but not
limited to smoke, dust, soot, cinder, fly ash, solid particles of any kind, gases, fumes, chemical mists, contaminated
steam and radioactive substances. (Article II, Section 5 (a))

DECLARED PRINCIPLES
*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. |
*The State shall promote and protect the global environment to attain sustainable development while recognizing the
primary responsibility of local government units to deal with environmental problems.

SUSTAINABILITY
The practice of maintaining processes of productivity indefinitely—natural or human made— by replacing resources
used with resources of equal or g r e a t e r v a l u e w i t h o u t degrading or endangering natural biotic systems.

DECLARED PRINCIPLES
*The State recognizes that the responsibility of cleaning the habitat and environment is primarily area-based.
*The State also recognizes the principle that “polluters must pay”.
*Finally, the State recognizes that a clean and healthy environment is for the good of all and should therefore be the
concern of all.

POLLUTER PAYS PRINCIPLE

*The "polluter pays" principle aims at ensuring that the costs of environmental control fall in the first place on the
polluters, thereby ensuring that market forces take these costs into account and that resources would be allocated
accordingly in production and consumption.
*Making use of pollution charges basically embraces the "polluter pays" principle. The principle is embodied in the idea
that environmental externalities should be internalized by those who cause them. By internalizing the cost of pollution,
firms are given an incentive to minimize the generation of pollutants and/or provide treatment for the pollution
generated.

DECLARED POLICIES
*Formulate a holistic national program of air pollution management that shall be implemented by the government
through proper delegation and effective coordination of functions and activities;
*Encourage cooperation and self-regulation among citizens and industries though the application of market-based
instruments;
*Focus primarily on pollution prevention rather than on control and provide for a comprehensive management program
for air pollution;
*Promote public information and education to encourage the participation of an informed and active public in air quality
planning and monitoring; and
*Formulate and enforce a system of accountability for short and long-term adverse environmental impact of a project,
program or activity. This shall include the setting up of a funding or guarantee mechanism for clean-up and
environmental rehabilitation and compensation for personal damages.

INTEGRATED AIR QUALITY IMPROVEMENT FRAMEWORK

*A comprehensive air pollution management and control program.
*The framework shall, among others, prescribe the emission reduction goals using permissible standards, control
strategies and control measures to undertaken within a specified time period, including cost-effective use of economic
incentives, management strategies, collective actions, and environmental education and information.
*It shall be adopted as the official blueprint with which all government agencies must comply with to attain and
maintain ambient air quality standards.

GOVERNMENT AGENCIES AND THEIR ROLES

*DOTC - design, impose on and collect regular emission fees from motor vehicle as part of the vehicle registration /
renewal system, as the case may be; implement the emission standards for motor vehicles
*DOST - establish, in coordination with the DENR, private sector , the academe, non-government organizations and
people’s organizations, a National Research Development Program for the prevention and control of air pollution
*DTI - develop an action plan for the control and management of air pollution from motor vehicles with the Integrated
Air Quality Management Framework; establish the procedures for the inspection of motor vehicles and the testing of
their emissions for the purpose of determining the concentration and/or rate of emission of pollutants discharged by the
said sources.
*DOE - shall set specifications for all types of fuel and fuel-related products, to improve fuel composition for increased
efficiency and reduced emissions.
*PAGASA - regularly monitor meteorological factors affecting environmental conditions including ozone depletion and
greenhouse gases.
*DEPED, CHED, DILG and PIA - encourage participation of government agencies and the private sector including NGOs,
POs, academe, environmental groups and other private entities in a multi-sectoral campaign
*Philippine Nuclear Research Institute (PNRI) - regulate all projects which will involve the use of atomic and/or nuclear
energy, and will entail release of radioactive substances into the environment.

ROLE OF LOCAL GOVERNMENT UNITS

*Share the responsibility in the management and maintenance of air quality within their territorial jurisdiction
*Implement air quality standards set by the Board in areas within their jurisdiction

DENR AS THE LEAD AGENCY

*The DENR, shall be the primary government agency responsible for the implementation and enforcement of this Act.
To be more effective in this regard, the Department's Environmental Management Bureau (EMB) shall be converted
from a staff bureau to a line bureau for a period of no more than two (2) years, unless a separate, comprehensive
environmental management agency is created.

POWERS AND FUNCTIONS OF THE DENR

*To prepare annual National Quality Status Report pursuant to Section 6 of the Act;
*To design and develop, in cooperation with the National Statistical Coordination Board (NCSB), an information network
for data storage, retrieval and exchange;
*To serve as the central depositary of all data and information related to air quality;
*To issue and, from time to time, revise information on air pollution control techniques upon consultation with the
appropriate committees, government agencies and LGUs;
*In coordination with other concerned agencies, review and/or revise and publish annually a list of hazardous air
pollutants with corresponding ambient guideline values and/or standard necessary to protect public health and safety,
and general welfare;
*To design, impose on and collect regular emission fees from industrial dischargers as part of the emissions permitting
system based on environmental techniques;
*To issue permit as it may determine necessary for the prevention and abatement of air pollution;
*To require program and project proponents to put up financial guarantee mechanisms to finance the needs for
emergency response, clean-up or rehabilitation of areas that may be damaged during the program or project's actual
implementation;
*To review, or as the need therefore arises, revise and publish emission standards to further improve the emission
standards for stationary sources of air pollution as well as emission standards for motor vehicles;
*To have the right of entry or access to any premises including documents and relevant materials; to inspect any
pollution or waste source, control devise, monitoring equipment or method required; and to test any emission;
*To require any person who owns or operates any emission source or who is subject to any requirement of the Act to (i)
establish and maintain relevant records; (ii) make relevant reports; (iii) install, use and maintain monitoring equipment
or methods; (iv) sample emission, in accordance with the methods, locations, intervals, and manner prescribed by the
Department; and (v) keep records;
*To exercise such other powers and functions as provided by the law, the Act and these Implementing Rules and
Regulations.

DESIGNATION OF AIRSHEDS
*the designation of airsheds shall be on the basis of, but not limited to, areas with similar climate, meteorology and
topology which affect the interchange and diffusion of pollutants in the atmosphere, or areas which share common
interest or face similar development programs, prospects or problems.
*a system of planning and coordination shall be established and a common action plan shall be formulated for each
airshed.

AIRSHEDS
*Refers to areas with common weather or meteorological conditions and sources of air pollution which affect the
interchange and diffusion of pollution in the surrounding atmosphere.
*Sub-areas within airsheds may therefore have similar air quality, and face similar problems, development programs and
prospects
*Emissions trading may be allowed among pollution sources within an airshed.

MEMBERS OF THE GOVERNING BOARD

*Provincial Governors from areas belonging to the airshed;
*City/Municipal Mayors from areas belonging to the airshed;
*A representative from each concerned government agency;
*Representatives from people’s organizations; R
*epresentatives from non-government organizations; and Representatives from the private sector.
FUNCTIONS OF THE BOARD
*Formulation of policies;
*Preparation of a common action plan; Coordination of functions among its members; and
*Submission and publication of an annual Air Quality Status Report for each airshed.

AIR POLLUTION CLEARANCES AND PERMITS

*Consistent with the provisions of this Act, the Department shall have the authority to issue permits as it may determine
necessary for the prevention and abatement of air pollution.
*Said permits shall cover emission limitations for the regulated air pollutants to help attain and maintain the ambient air
quality standards. These permits shall serve as management tools for the LGUs in the development of their action plan.

EMISSION QUOTAS
*The DENR may allow each regional industrial center that is designated as special airshed to allocate emission quotas to
pollution sources within its jurisdiction that qualify under an environmental impact assessment system programmatic
compliance program pursuant to the implementing rules and regulations of Presidential Decree No. 1586

LEGAL ACTIONS UNDER THE CLEAN AIR ACT

*Administrative Action against any person who violates the following:
-Standards or limitation provided under this Act; or
-Any order, rule or regulation issued by the Department with respect to such standard or limitation.
*Any citizen may file the appropriate civil, criminal or administrative action in the proper courts against: (Citizen Suits) ---
-Any person who violates or fails to comply with the provisions of this Act or its implementing rules and regulations; or --
-The Department or other implementing agencies with respect to orders, rules and regulations issued inconsistent with
this Act; and/or
-Any public officer who willfully or grossly neglects the performance of an act specifically enjoined as a duty by this Act
or its implementing rules and regulations; or abuses his authority in the performance of his duty; or, in any manner,
improperly performs his duties under this Act or its implementing rules and regulations.

STRATEGIC LEGAL ACTIONS AGAINST PUBLIC PARTICIPATION

*Where a suit is brought against a person who filed an action as provided in Sec. 41 of this Act, or against any person,
institution or government agency that implements this Act, it shall be the duty of the investigating prosecutor or the
court, as the case may be, to immediately make a determination not exceeding thirty (30) days whether said legal action
has been filed to harass, vex, exert undue pressure or stifle such legal recourses of the person complaining of or
enforcing the provisions of this Act. Upon determination thereof, evidence warranting the same, the court shall
dismiss the case and award attorney’s fees and double damages.
*This provision shall also apply and benefit public officers who are sued for acts committed in their official capacity,
there being no grave abuse of authority, and done in the course of enforcing this Act.

FINES AND PENALTIES

*Violation of Standards for Stationary Sources
-fine not more than P100,000.00 for every day of violation until standards have been complied with
-c l o s u r e , s u s p e n s i o n o f d e v e l o p m e n t , construction, or operations of the stationary s o u r c e s u n t i l s u
c h t i m e t h a t p r o p e r environmental safeguards are put in place
*Violation of Standards for Motor Vehicles
-First Offense - a fine not to exceed Two Thousand Pesos (P2,000.00);
-Second Offense - a fine not less than Two Thousand Pesos (P2,000.00) and not to exceed Four Thousand Pesos
(P4,000.00); and
-Third offense - one (1) year suspension of the Motor Vehicle Registration (MVR) and a fine of not less than Four
Thousand Pesos (P4,000.00) and not more than Six thousand pesos (P6,000.00).
*Violations of Other Provisions
-Fine not less than P10,000 but not more than P100,000; or
-six (6) months to six (6) years imprisonment; or
-both fine and imprisonment.
*Gross Violations
-imprisonment of not less than six (6) years but not more than ten (10) years at the discretion of the court.
*Meaning:
-3 or more specific offenses within a period of 1 year;
-3 or more specific offenses within 3 consecutive years;
-blatant disregard of the orders of the PAB, such as but not limited to the breaking of seal, padlocks and other similar
devices, or operation despite the existence of an order for closure, discontinuance or cessation of operation; and -
irreparable or grave damage to the environment as a consequence of any violation of the Clean Air Act.
Toxic Substances and Hazardous and Nuclear Wastes Control Act of 1990 R.A. No. 6969

Hazardous Waste
*substances that are without any safe commercial, industrial, agricultural or economic usage and are shipped,
transported or brought from the country of origin for dumping or disposal into or in transit through any part of the
territory of the Philippines.
*also refers to by-products, side-products, process residues, spent reaction media, contaminated plant o r e q u i p m e n
t o r o t h e r s u b s t a n c e s f r o m manufacturing operations, and as consumer discards of manufacture products.

Hazardous Traits
*Ignitability
*Reactivity
|*Corrosively
*Toxicity

Declaration of Policy
*to regulate, restrict or prohibit the importation, manufacture, processing, sale, distribution, use and disposal of
chemical substances and mixtures that present unreasonable risk and/or injury to health or the environment;
*to prohibit the entry, even in transit, of hazardous and nuclear wastes and their disposal into the Philippine territorial
limits for whatever purpose; and
*to provide advancement and facilitate research and studies on toxic chemicals.

Scope of RA No. 6969

*the importation, manufacture, processing, handling, storage, t r a n s p o r t a t i o n , s a l e , d i s t r i b u t i o n , u s e a
n d disposal of all unregulated chemical substance s and mixtures in the Philippines
*the entry, even in transit as w e l l a s t h e k e e p i ng o r s to rag e and d i sp o sal o f h a z a r d o u s a n d n u c le a r
wastes into the country for whatever purpose.

Objectives of RA NO. 6969

*To keep an inventory of chemicals that are presently being imported, manufactured, or used, indicating, among others,
their existing and possible uses, test data, names of firms manufacturing or using them, and such other information as
may be considered relevant to the protection of health and the environment;
*To monitor and regulate the importation, manufacture, processing, handling, storage, transportation, sale, distribution,
use and disposal of chemical substances and mixtures that present unreasonable risk or injury to health or to the
environment in accordance with national policies and international commitments;
*To inform and educate the populace regarding t h e hazards and risks attendant to th e manufacture, handling, storage,
transportation, processing, distribution, use and disposal of toxic chemicals and other substances and mixture; and
*To prevent the entry, even in transit, as well as t he keeping or storage and disposal of hazardous and nuclear wastes
into the country for whatever purpose.

Inter-agency Technical Advisory Council

*Assist the DENR in the formulation of the pertinent rules and regulations for the effective implementation of this Act;
*Assist the DENR in the preparation and updating of the inventory of chemical substances and mixtures that fall within
the coverage of this Act;
*Conduct preliminary evaluation of the characteristics of chemical substances and mixtures to determine their toxicity
and effects on health and the environment and make the necessary recommendations to the Department of
Environment and Natural Resources; and
*Perform such other functions as the Secretary of Environment and Natural Resources may from time to time, require.

Pre-Manufacturing and PreImportation Requirements.

*Prior submission of the following information:
-the name of the chemical substances;
-its chemical identity and molecular structure; proposed categories of use;
-an estimate of the amount to be manufactured, processed or imported;
-processing and disposal thereof; and
-any test data related to health and environmental effects which the manufacturer, processor or importer has.

Chemicals Subject to Testing

*There is a reason to believe that the chemical substances or mixture may present an unreasonable risk to health or
environmental exposure thereto;
*There are insufficient data and experience for d e te rm i n i ng o r p re d i ct i ng t he healt h a nd environmental effects
of the chemical substance or mixture; and
*The testing of the chemical substance or mixture is necessary to develop such data.

Action of the DENR

*The DENR has 90 days from the date of filing of the notice of manufacture, p r o ce s s i ng o r im p o r tat i o n o f a
chemical substance or mixture, decide whether or not to regulate or prohibit i t s i m p o r t a t i o n , m a n u f a c t u r e ,
processing, sale, distribution, use or disposal.

Chemical Substance Exempt from the Pre-Manufacture Notification

*Those included in the categories of chemical substances and mixtures already listed in the inventory of existing
chemicals;
*Those to be produced in small quantities solely for experimental or research and development purposes;
*Chemical substances and mixtures that will not present an unreasonable risk to health and the environment; and
*Chemical substances and mixtures that exist temporarily and which have no human or environmental exposure such as
those which exist as a result of chemical reactions in the manufacture or processing of a mixture of another chemical
substance.

Public Access to Records, Reports or Notification

*Safety Data submitted by the manufacturer, processor or importer;
*Data on emission or discharge into the environment; and
*Such documents that may be available for inspection or reproduction.
*Except information of a confidential nature that would divulge trade secrets, production or sales figures or methods,
production or processes unique to such manufacturer, processor, or d istr ibutor or would otherwise tend to affect
adversely the competitive position of such manufacturer, processor or distributor.

Prohibited Acts
*Knowingly use chemical substance or mixture which is imported, manufactured, processed or distributed in violation of
this Act or implementing rules and regulations or orders;
*Failure or refusal to submit reports, notices or information, access to records as required by this Act, or permit
inspection of establishment where chemicals are manufactured, processed, stored or otherwise held;
*Failure or refusal to comply with the pre-manufacture and pre-importation requirements;
*Cause, aid or facilitate, directly or indirectly, in the storage, importation or bringing into Philippine territory, including
its maritime economic zones, even in transit, either by means of land, air or sea transportation or otherwise keeping in
storage any amount of hazardous and nuclear wastes in any part of the Philippines.

Penalty
*Imprisonment of six (6) months and one day to six (6) years and one day and a fine ranging from Six hundred pesos
(Php600.00) to Four thousand pesos (PhP4,000.00)
*The partner, president, director or manager who shall consent to or shall knowingly tolerate such violation shall be
directly liable and responsible for the act of the employees and shall be criminally liable as a co-principal
*In case the offender is a government official or employee, he or she shall, in addition to the above penalties, be
deemed automatically dismissed from office and permanently disqualified from holding any elective or appointive
position.
*Imprisonment of twelve (12) years and one day to twenty (20) years
*In the case of corporations or other associations, the above penalty shall be imposed upon the managing partner,
president or chief executive in addition to an exemplary damage of at least Five hundred thousand pesos
(PhP500,000.00)
*Every penalty imposed for the unlawful importation, entry, transport, manufacture, processing, sale or distribution of
chemical substances or mixtures into or within the Philippines shall carry with it the confiscation and forfeiture in favor
of the Government of the proceeds of the unlawful act and instruments, tools or other improvements including vehicles,
sea vessels and aircraft used in or with which the offense was committed.
*The person or firm responsible or connected with the bringing or importation into the country of hazardous or nuclear
wastes shall be under obligation to transport or send back said prohibited wastes;

Administrative Fines
*In all cases of violations of this Act, including v i o lat i o n s o f im p lem e nt i ng r u le s a n d regulations which have
been duly promulgated and published in accordance with Section 16 of this Act, the Secretary of Environment an Natural
Resources is hereby authorized to impose a fine of not less than Ten thousand pesos (Php10,000.00), but not more than
Fifty thousand pesos (PhP50,000.00) upon any person or entity found guilty thereof.
Rules of Procedure for Environmental Cases Rule 1 - General Provisions Scope of the Rules Civil, Criminal and Special Civil
Actions Before the Regional Trial Courts, Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial
Courts and Municipal Circuit Trial Courts Involving enforcement or violations of environmental and other related laws,
rules and regulations Rule 1 - General Provisions Objectives To protect and advance the constitutional right of the
people to a balanced and healthful ecology; To provide a simplified, speedy and inexpensive procedure for the
enforcement of environmental rights and duties recognized under the Constitution, existing laws, rules and regulations,
and international agreements; To introduce and adopt innovations and best practices ensuring the effective
enforcement of remedies and redress for violation of environmental laws; and To enable the courts to monitor and
exact compliance with orders and judgments in environmental cases. Rule 1 - General Provisions Consent decree refers
to a judicially-approved settlement between concerned parties based on public interest and public policy to protect and
preserve the environment. Rule 1 - General Provisions Continuing mandamus is a writ issued by a court in an
environmental case directing any agency or instrumentality of the government or officer thereof to perform an act or
series of acts decreed by final judgment which shall remain effective until judgment is fully satisfied. Rule 1 - General
Provisions Environmental protection order (EPO) refers to an order issued by the court directing or enjoining any person
or government agency to perform or desist from performing an act in order to protect, preserve or rehabilitate the
environment. Rule 1 - General Provisions Precautionary principle states that when human activities may lead to threats
of serious and irreversible damage to the environment that is scientifically plausible but uncertain, actions shall be taken
to avoid or diminish that threat. Rule 1 - General Provisions Strategic lawsuit against public participation (SLAPP) refers
to an action whether civil, criminal or administrative, brought against any person, institution or any government agency
or local government unit or its officials and employees, with the intent to harass, vex, exert undue pressure or stifle any
legal recourse that such person, institution or government agency has taken or may take in the enforcement of
environmental laws, protection of the environment or assertion of environmental rights. PART II Civil Procedure Rule 2 -
Pleadings & Parties Allowed only in highly meritorious cases or to prevent manifest miscarriage of justice Motion for
postponement Motion for new trial Petition for relief from judgment Pleadings allowed Complaint Answer Motions
Allowed Intervention Discovery Reconsideration of the judgment Rule 2 - Pleadings & Parties Prohibited pleadings or
motions 1 Motion to dismiss the complaint; Motion for a bill of particulars; Motion for extension of time to file
pleadings, except to file answer, the extension not to exceed fifteen (15) days; Motion to declare the defendant in
default; Reply and rejoinder; and Third party complaint. SEC. 3. Verified complaint The verified complaint shall contain
the names of the parties, their addresses, the cause of action and the reliefs prayed for. The plaintiff shall attach to the
verified complaint all evidence proving or supporting the cause of action consisting of the affidavits of witnesses,
documentary evidence and if possible, object evidence. The affidavits shall be in question and answer form and shall
comply with the rules of admissibility of evidence. The complaint shall state that it is an environmental case and the law
involved. The complaint shall also include a certification against forum shopping. If the complaint is not an
environmental complaint, the presiding judge shall refer it to the executive judge for re-raffle. SEC. 4. Who may file Any
real party in interest, including the government and juridical entities authorized by law, may file a civil action involving
the enforcement or violation of any environmental law. SEC. 5. Citizen suit Any Filipino citizen in representation of
others, including minors or generations yet unborn, may file an action to enforce rights or obligations under
environmental laws. Upon the filing of a citizen suit, the court shall issue an order which shall contain a brief description
of the cause of action and the reliefs prayed for, requiring all interested parties to manifest their interest to intervene in
the case within fifteen (15) days from notice thereof. The plaintiff may publish the order once in a newspaper of a
general circulation in the Philippines or furnish all affected barangays copies of said order. Citizen suits filed under R.A.
No. 8749 and R.A. No. 9003 shall be governed by their respective provisions. SEC. 8. Issuance of Temporary
Environmental Protection Order (TEPO) If it appears from the verified complaint with a prayer for the issuance of an
Environmental Protection Order (EPO) that the matter is of extreme urgency and the applicant will suffer grave injustice
and irreparable injury, the executive judge of the multiple-sala court before raffle or the presiding judge of a single-sala
court as the case may be, may issue ex parte a TEPO effective for only seventy-two (72) hours from date of the receipt of
the TEPO by the party or person enjoined. Within said period, the court where the case is assigned, shall conduct a
summary hearing to determine whether the TEPO may be extended until the termination of the case. The court where
the case is assigned, shall periodically monitor the existence of acts that are the subject matter of the TEPO even if
issued by the executive judge, and may lift the same at any time as circumstances may warrant. The applicant shall be
exempted from the posting of a bond for the issuance of a TEPO. SEC. 9. Action on motion for dissolution of TEPO The
grounds for motion to dissolve a TEPO shall be supported by affidavits of the party or person enjoined which the
applicant may oppose, also by affidavits. The TEPO may be dissolved if it appears after hearing that its issuance or
continuance would cause irreparable damage to the party or person enjoined while the applicant may be fully
compensated for such damages as he may suffer and subject to the posting of a sufficient bond by the party or person
enjoined. SEC. 10. Prohibition against temporary restraining order (TRO) and preliminary injunction Except the Supreme
Court, no court can issue a TRO or writ of preliminary injunction against lawful actions of government agencies that
enforce environmental laws or prevent violations thereof. TEPO vs. Prohibition against TRO TEPO is premised on the
violation of an environmental law or a threatened damage or injury to the environment by any person, even the
government and its agencies the prohibition against the issuance of a TRO or preliminary injunction is premised on the
presumption of regularity on the government and its agencies in enforcing environmental laws and protecting the
environment SEC. 12. Payment of filing and other legal fees The payment of filing and other legal fees by the plaintiff
shall be deferred until after judgment unless the plaintiff is allowed to litigate as an indigent. It shall constitute a first lien
on the judgment award. For a citizen suit, the court shall defer the payment of filing and other legal fees that shall serve
as first lien on the judgment award. SEC. 13. Service of summons, orders and other court processes The summons,
orders and other court processes may be served by the sheriff, his deputy or other proper court officer or for justifiable
reasons, by the counsel or representative of the plaintiff or any suitable person authorized or deputized by the court
issuing the summons. Any private person who is authorized or deputized by the court to serve summons, orders and
other court processes shall for that purpose be considered an officer of the court. The summons shall be served on the
defendant, together with a copy of an order informing all parties that they have fifteen (15) days from the filing of an
answer, within which to avail of interrogatories to parties under Rule 25 of the Rules of Court and request for admission
by adverse party under Rule 26, or at their discretion, make use of depositions under Rule 23 or other measures under
Rules 27 and 28. Should personal and substituted service fail, summons by publication shall be allowed. In the case of
juridical entities, summons by publication shall be done by indicating the names of the officers or their duly authorized
representatives. SEC. 14. Verified answer Within fifteen (15) days from receipt of summons, the defendant shall file a
verified answer to the complaint and serve a copy thereof on the plaintiff. The defendant shall attach affidavits of
witnesses, reports, studies of experts and all evidence in support of the defense. Affirmative and special defenses not
pleaded shall be deemed waived, except lack of jurisdiction. Cross-claims and compulsory counterclaims not asserted
shall be considered barred. The answer to counterclaims or cross-claims shall be filed and served within ten (10) days
from service of the answer in which they are pleaded. SEC. 15. Effect of failure to answer Should the defendant fail to
answer the complaint within the period provided, the court shall declare defendant in default and upon motion of the
plaintiff, shall receive evidence ex parte and render judgment based thereon and the reliefs prayed for. Rule 3 PreTrial
Must be held not later than one (1) month from the filing of the last pleading. The court shall schedule the pre-trial and
set as many pre- trial conferences as may be necessary within a period of two (2) months counted from the date of the
first pre-trial conference. SEC. 2. Pre-trial brief Contents: (a) A statement of their willingness to enter into an amicable
settlement indicating the desired terms thereof or to submit the case to any of the alternative modes of dispute
resolution; (b) A summary of admitted facts and proposed stipulation of facts; (c) The legal and factual issues to be tried
or resolved. For each factual issue, the parties shall state all evidence to support their positions thereon. For each legal
issue, parties shall state the applicable law and jurisprudence supporting their respective positions thereon; (d) The
documents or exhibits to be presented, including depositions, answers to interrogatories and answers to written request
for admission by adverse party, stating the purpose thereof; (e) A manifestation of their having availed of discovery
procedures or their intention to avail themselves of referral to a commissioner or panel of experts; (f) The number and
names of the witnesses and the substance of their affidavits; (g) Clarificatory questions from the parties; and (h) List of
cases arising out of the same facts pending before other courts or administrative agencies. SEC. 3. Referral to mediation
Philippine Meditation Center or clerk of court or legal researcher Non-extendible period of 30 days from receipt of
notice of referral to mediation Mediation report must be submitted within 10 days from expiration of the 30 day period.
SEC. 4. Preliminary conference If mediation fails, the court will schedule the continuance of the pretrial. Before the
scheduled date of continuance, the court may refer the case to the branch clerk of court for a preliminary conference.
During the preliminary conference, the branch clerk of court shall also require the parties to submit the depositions
taken under Rule 23 of the Rules of Court, the answers to written interrogatories under Rule 25 and the answers to
request for admissions by the adverse party under Rule 26. The branch clerk of court may also require the production of
documents or things requested by a party under Rule 27 and the results of the physical and mental examination of
persons under Rule 28. SEC. 5. Pre-trial conference; consent decree The judge shall put the parties and their counsels
under oath, and they shall remain under oath in all pre-trial conferences. The judge shall exert best efforts to persuade
the parties to arrive at a settlement of the dispute. The judge may issue a consent decree approving the agreement
between the parties in accordance with law, morals, public order and public policy to protect the right of the people to a
balanced and healthful ecology. Evidence not presented during the pre-trial, except newly- discovered evidence, shall be
deemed waived. SEC. 9. Pre-trial order Within ten (10) days after the termination of the pre-trial, the court shall issue a
pre-trial order setting forth the actions taken during the pre-trial conference, the facts stipulated, the admissions made,
the evidence marked, the number of witnesses to be presented and the schedule of trial. Said order shall bind the
parties, limit the trial to matters not disposed of and control the course of action during the trial. Rule 4 Trial The judge
shall conduct continuous trial which shall not exceed two (2) months from the date of the issuance of the pretrial order.
Before the expiration of the two-month period, the judge may ask the Supreme Court for the extension of the trial
period for justifiable cause. SEC. 2. Affidavits in lieu of direct examination In lieu of direct examination, affidavits marked
during the pre-trial shall be presented as direct examination of affiants subject to cross- examination by the adverse
party. SEC. 3. One-day examination of witness rule The court shall strictly adhere to the rule that a witness has to be
fully examined in one (1) day, subject to the court’s discretion of extending the examination for justifiable reason. After
the presentation of the last witness, only oral offer of evidence shall be allowed, and the opposing party shall
immediately interpose his objections. The judge shall forthwith rule on the offer of evidence in open court. Rule 5
Judgment & Execution Reliefs in a citizen suit. – If warranted, the court may grant to the plaintiff proper reliefs which
shall include the protection, preservation or rehabilitation of the environment and the payment of attorney’s fees, costs
of suit and other litigation expenses. It may also require the violator to submit a program of rehabilitation or restoration
of the environment, the costs of which shall be borne by the violator, or to contribute to a special trust fund for that
purpose subject to the control of the court. SEC. 2. Judgment not stayed by appeal Any judgment directing the
performance of acts for the protection, preservation or rehabilitation of the environment shall be executory pending
appeal unless restrained by the appellate court. SEC. 3. Permanent EPO; writ of continuing mandamus In the judgment,
the court may convert the TEPO to a permanent EPO or issue a writ of continuing mandamus directing the performance
of acts which shall be effective until the judgment is fully satisfied. The court may, by itself or through the appropriate
government agency, monitor the execution of the judgment and require the party concerned to submit written reports
on a quarterly basis or sooner as may be necessary, detailing the progress of the execution and satisfaction of the
judgment. The other party may, at its option, submit its comments or observations on the execution of the judgment.
SEC. 4. Monitoring of compliance with judgment and orders of the court by a commissioner The court may motu
proprio, or upon motion of the prevailing party, order that the enforcement of the judgment or order be referred to a
commissioner to be appointed by the court. The commissioner shall file with the court written progress reports on a
quarterly basis or more frequently when necessary. Rule 6 Strategic Law Suit Against Public Participation A legal action
filed to harass, vex, exert undue pressure or stifle any legal recourse that any person, institution or the government has
taken or may take in the enforcement of environmental laws, protection of the environment or assertion of
environmental rights shall be treated as a SLAPP and shall be governed by these Rules. SEC. 2. SLAPP as a defense; how
alleged In a SLAPP filed against a person involved in the enforcement of environmental laws, protection of the
environment, or assertion of environmental rights, the defendant may file an answer interposing as a defense that the
case is a SLAPP and shall be supported by documents, affidavits, papers and other evidence; and, by way of
counterclaim, pray for damages, attorney’s fees and costs of suit. The court shall direct the plaintiff or adverse party to
file an opposition showing the suit is not a SLAPP, attaching evidence in support thereof, within a nonextendible period
of five (5) days from receipt of notice that an answer has been filed. The defense of a SLAPP shall be set for hearing by
the court after issuance of the order to file an opposition within fifteen (15) days from filing of the comment or the lapse
of the period. SEC. 3. Summary hearing The hearing on the defense of a SLAPP shall be summary in nature. The parties
must submit all available evidence in support of their respective positions. The party seeking the dismissal of the case
must prove by substantial evidence that his acts for the enforcement of environmental law is a legitimate action for the
protection, preservation and rehabilitation of the environment. The party filing the action assailed as a SLAPP shall prove
by preponderance of evidence that the action is not a SLAPP and is a valid claim. SEC. 4. Resolution of the defense of a
SLAPP The affirmative defense of a SLAPP shall be resolved within thirty (30) days after the summary hearing. If the
court dismisses the action, the court may award damages, attorney’s fees and costs of suit under a counterclaim if such
has been filed. The dismissal shall be with prejudice. If the court rejects the defense of a SLAPP, the evidence adduced
during the summary hearing shall be treated as evidence of the parties on the merits of the case. The action shall
proceed in accordance with the Rules of Court. SPECIAL CIVIL ACTIONS Rules 7 & 8 WRIT OF KALIKASAN The writ is a
remedy available to a natural or juridical person, entity authorized by law, people’s organization, nongovernmental
organization, or any public interest group accredited by or registered with any government agency, on behalf of persons
whose constitutional right to a balanced and healthful ecology is violated, or threatened with violation by an unlawful
act or omission of a public official or employee, or private individual or entity, involving environmental damage of such
magnitude as to prejudice the life, health or property of inhabitants in two or more cities or provinces. SEC. 2. Contents
of the petition personal circumstances of the petitioner; name and personal circumstances of the the respondent; the
environmental law, rule or regulation violated or threatened to be violated, the act or omission complained of, and the
environmental damage all relevant and material evidence consisting of the affidavits of witnesses, documentary
evidence, scientific or other expert studies, and if possible, object evidence; certificate of non-forum shopping the reliefs
prayed for which may include a prayer for the issuance of a TEPO SEC. 3. Where to file The petition shall be filed with the
Supreme Court or with any of the stations of the Court of Appeals. SEC. 5. Issuance of the writ Within three (3) days
from the date of filing of the petition, if the petition is sufficient in form and substance, the court shall give an order: (a)
issuing the writ; and (b) requiring the respondent to file a verified return as provided in Section 8 of this Rule. The clerk
of court shall forthwith issue the writ under the seal of the court including the issuance of a cease and desist order and
other temporary reliefs effective until further order. SEC. 8. Return of respondent; contents Within a non- extendible
period of ten (10) days after service of the writ, the respondent shall file a verified return which shall contain all
defenses to show that respondent did not violate or threaten to violate, or allow the violation of any environmental law,
rule or regulation or commit any act resulting to environmental damage of such magnitude as to prejudice the life,
health or property of inhabitants in two or more cities or provinces. All defenses not raised in the return shall be
deemed waived. The return shall include affidavits of witnesses, documentary evidence, scientific or other expert
studies, and if possible, object evidence, in support of the defense of the respondent. A general denial of allegations in
the petition shall be considered as an admission thereof. SEC. 10. Effect of failure to file return In case the respondent
fails to file a return, the court shall proceed to hear the petition ex parte. SEC. 13. Contempt The court may after hearing
punish the respondent who refuses or unduly delays the filing of a return, or who makes a false return, or any person
who disobeys or resists a lawful process or order of the court for indirect contempt under Rule 71 of the Rules of Court.
SEC. 14. Submission of case for decision; filing of memoranda After hearing, the court shall issue an order submitting the
case for decision. The court may require the filing of memoranda and if possible, in its electronic form, within a non-
extendible period of thirty (30) days from the date the petition is submitted for decision. SEC. 15. Judgment Within sixty
(60) days from the time the petition is submitted for decision, the court shall render judgment granting or denying the
privilege of the writ of kalikasan. Reliefs under the Writ Directing respondent to permanently cease and desist from
committing acts or neglecting the performance of a duty in violation of environmental laws resulting in environmental
destruction or damage; Directing the respondent public official, government agency, private person or entity to protect,
preserve, rehabilitate or restore the environment; Directing the respondent public official, government agency, private
person or entity to monitor strict compliance with the decision and orders of the court; Directing the respondent public
official, government agency, or private person or entity to make periodic reports on the execution of the final judgment;
and Such other reliefs which relate to the right of the people to a balanced and healthful ecology or to the protection,
preservation, rehabilitation or restoration of the environment, except the award of damages to individual petitioners.
WRIT OF CONTINUING MANDAMUS When any agency or instrumentality of the government or officer thereof
unlawfully neglects the performance of an act which the law specifically enjoins as a duty resulting from an office, trust
or station in connection with the enforcement or violation of an environmental law rule or regulation or a right therein,
or unlawfully excludes another from the use or enjoyment of such right and there is no other plain, speedy and
adequate remedy in the ordinary course of law, the person aggrieved thereby may file a verified petition in the proper
court, alleging the facts with certainty, attaching thereto supporting evidence, specifying that the petition concerns an
environmental law, rule or regulation, and praying that judgment be rendered commanding the respondent to do an act
or series of acts until the judgment is fully satisfied, and to pay damages sustained by the petitioner by reason of the
malicious neglect to perform the duties of the respondent, under the law, rules or regulations. The petition shall also
contain a sworn certification of non-forum shopping. Writ of Continuing Mandamus vs. Writ of Kalikasan Continuing
Mandamus Writ of Kalikasan Subject Matter directed against: (a) the unlawful neglect in the performance of an act
which the law specifically enjoins as a duty resulting from an office, trust or station in connection with the enforcement
or violation of an environmental law rule or regulation or a right therein; or (b) the unlawful exclusion of another from
the use or enjoyment of such right and in both instances, there is no other plain, speedy and adequate remedy in the
ordinary course of law. available against an unlawful act or omission of a public official or employee, or private individual
or entity, involving environmental damage of such magnitude as to prejudice the life, health or property of inhabitants
in two or more cities or provinces. Who may file only the` one who is personally aggrieved by the unlawful act or
omission. available to a broad range of persons such as natural or juridical person, entity authorized by law, people’s
organization, non-governmental organization, or any public interest group accredited by or registered with any
government agency, on behalf of persons whose right to a balanced and healthful ecology is violated or threatened to
be violated. Writ of Continuing Mandamus vs. Writ of Kalikasan Continuing Mandamus Writ of Kalikasan Respondent the
government or its officers may be a private individual or entity Venue (a) the Regional Trial Court exercising jurisdiction
over the territory where the actionable neglect or omission occurred; (b) the Court of Appeals; or (c) the Supreme Court.
Supreme Court or any of the stations of the Court of Appeals Discovery measures does not contain any provision for
discovery measures incorporates the procedural environmental right of access to information through the use of
discovery measures such as ocular inspection order and production order. Damages for personal injury allows damages
for the malicious neglect of the performance of the legal duty of the respondent no damages may be awarded
consistent with the public-interest character of the petition; a party who wishes to be indemnified for injuries suffered
may file another suit for the recovery of damages since the Rule on the Writ of Kalikasan allows for the institution of
separate actions. PART IV Criminal Procedure PROSECUTION OF OFFENSES Any offended party, peace officer or any
public officer charged with the enforcement of an environmental law may file a complaint before the proper officer in
accordance with the Rules of Court. SEC. 3. Special prosecutor In criminal cases, where there is no private offended
party, a counsel whose services are offered by any person or organization may be allowed by the court as special
prosecutor, with the consent of and subject to the control and supervision of the public prosecutor. PROSECUTION OF
CIVIL ACTIONS When a criminal action is instituted, the civil action for the recovery of civil liability arising from the
offense charged, shall be deemed instituted with the criminal action unless the complainant waives the civil action,
reserves the right to institute it separately or institutes the civil action prior to the criminal action. Unless the civil action
has been instituted prior to the criminal action, the reservation of the right to institute separately the civil action shall be
made during arraignment. In case civil liability is imposed or damages are awarded, the filing and other legal fees shall
be imposed on said award in accordance with Rule 141 of the Rules of Court, and the fees shall constitute a first lien on
the judgment award. The damages awarded in cases where there is no private offended party, less the filing fees, shall
accrue to the funds of the agency charged with the implementation of the environmental law violated. The award shall
be used for the restoration and rehabilitation of the environment adversely affected. Arrest without warrant; when
lawful A peace officer or an individual deputized by the proper government agency may, without a warrant, arrest a
person: (a) When, in his presence, the person to be arrested has committed, is actually committing or is attempting to
commit an offense; or (b) When an offense has just been committed, and he has probable cause to believe based on
personal knowledge of facts or circumstances that the person to be arrested has committed it. Individuals deputized by
the proper government agency who are enforcing environmental laws shall enjoy the presumption of regularity under
Section 3(m), Rule 131 of the Rules of Court when effecting arrests for violations of environmental laws. CUSTODY AND
DISPOSITION OF SEIZED ITEMS, EQUIPMENT, PARAPHERNALIA, CONVEYANCES AND INSTRUMENTS SEC. 1. Custody and
disposition of seized items. – The custody and disposition of seized items shall be in accordance with the applicable laws
or rules promulgated by the concerned government agency. SEC. 2. Procedure In the absence of applicable laws or rules
promulgated by the concerned government agency, the following procedure shall be observed: 1. Physical Inventory and
photograph 2. Submit within 5 days: (a) from seizure, a return in the case of search warrant; (b) from arrest, an
inventory report, compliance report, photographs, representative samples and other documents. in the case of a
warrantless arrest 3. The Sheriff shall conduct an auction sale upon motion by any interested party upon a minimum bid
price to be fixed by the court; 4. Accused, the person from whom items were seized, or owner thereof and the
concerned government agency shall be notified of the auction sale 5. Posting of notice in 3 conspicuous places in the city
or municipality where the items were seized; 6. The proceeds shall be held in trust and deposited with the government
depository bank for disposition according to the judgment. RULE 13 PROVISIONAL REMEDIES SEC. 1. Attachment in
environmental cases. – The provisional remedy of attachment under Rule 127 of the Rules of Court may be availed of in
environmental cases. SEC. 2. Environmental Protection Order (EPO); Temporary Environmental Protection Order (TEPO)
in criminal cases. – The procedure for and issuance of EPO and TEPO shall be governed by Rule 2 of these Rules. SEC. 1.
Arraignment The court shall set the arraignment of the accused within fifteen (15) days from the time it acquires
jurisdiction over the accused, with notice to the public prosecutor and offended party or concerned government agency
that it will entertain plea-bargaining on the date of the arraignment. SEC. 2. Plea-bargaining On the scheduled date of
arraignment, the court shall consider plea-bargaining arrangements. Where the prosecution and offended party or
concerned government agency agree to the plea offered by the accused, the court shall: (a) Issue an order which
contains the plea-bargaining arrived at; (b) Proceed to receive evidence on the civil aspect of the case, if any; and (c)
Render and promulgate judgment of conviction, including the civil liability for damages. PRE-TRIAL After the
arraignment, the court shall set the pre-trial conference within thirty (30) days. It may refer the case to the branch clerk
of court, if warranted, for a preliminary conference to be set at least three (3) days prior to the pretrial. TRIAL The court
shall endeavor to conduct continuous trial which shall not exceed three (3) months from the date of the issuance of the
pre-trial order. v SUBSIDIARY LIABILITY In case of conviction of the accused and subsidiary liability is allowed by law, the
court may, by motion of the person entitled to recover under judgment, enforce such subsidiary liability against a person
or corporation subsidiarily liable under Article 102 and Article 103 of the Revised Penal Code. STRATEGIC LAWSUIT
AGAINST PUBLIC PARTICIPATION IN CRIMINAL CASES Motion to dismiss. – Upon the filing of an information in court and
before arraignment, the accused may file a motion to dismiss on the ground that the criminal action is a SLAPP.
PRECAUTIONARY PRINCIPLE When there is a lack of full scientific certainty in establishing a causal link between human
activity and environmental effect, the court shall apply the precautionary principle in resolving the case before it. The
constitutional right of the people to a balanced and healthful ecology shall be given the benefit of the doubt. SEC. 2.
Standards for application In applying the precautionary principle, the following factors, among others, may be
considered: (1) threats to human life or health; (2) inequity to present or future generations; or (3) prejudice to the
environment without legal consideration of the environmental rights of those affected.