PERTINENT Art. I.

National Territory
CONSTITUTIONAL The national territory comprises the Philippine archipelago, with all the islands and waters embraced therein, and all other territories over which the Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial, and
PROVISIONS aerial domains, including its territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas. The waters around, between, and connecting the islands of the archipelago, regardless of their breadth and dimensions,
form part of the internal waters of the Philippines.

Art. II. Declaration of Principles and State Policies

§ 15. The State shall protect and promote the right to health of the people and instill health consciousness among them.
§ 16. The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature.

Art. XII. National Economy and Patrimony

§ 2. All lands of the public domain, waters, minerals, coal, petroleum, and other mineral oils, all forces of potential energy, fisheries, forests or timber, wildlife, flora and fauna, and other natural resources are owned by the State. With the
exception of agricultural lands, all other natural resources shall not be alienated. The exploration, development, and utilization of natural resources shall be under the full control and supervision of the State. The State may directly
undertake such activities, or it may enter into co-production, joint venture, or production-sharing agreements with Filipino citizens, or corporations or associations at least 60% of whose capital is owned by such citizens. Such agreements
may be for a period not exceeding 25 years, renewable for not more than 25 years, and under such terms and conditions as may be provided by law. In cases of water rights for irrigation, water supply, fisheries, or industrial uses other
than the development of water power, beneficial use may be the measure and limit of the grant.
The State shall protect the nation’s marine wealth in its archipelagic waters, territorial sea, and exclusive economic zone, and reserve its use and enjoyment exclusively to Filipino citizens.
The Congress may, by law, allow small-scale utilization of natural resources by Filipino citizens, as well as cooperative fish farming, with priority to subsistence fishermen and fishworkers in rivers, lakes, bays, and lagoons.
The President may enter into agreements with foreign-owned corporations involving either technical or financial assistance for large-scale exploration, development, and utilization of minerals, petroleum, and other mineral oils according
to the general terms and conditions provided by law, based on real contributions to the economic growth and general welfare of the country. In such agreements, the State shall promote the development and use of local scientific and
technical resources.
The President shall notify the Congress of every contract entered into in accordance with this provision, within thirty days from its execution.
§ 3. Lands of the public domain are classified into agricultural, forest or timber, mineral lands, and national parks. Agricultural lands of the public domain may be further classified by law according to the uses which they may be devoted.
Alienable lands of the public domain shall be limited to agricultural lands. Private corporations or associations may not hold such alienable lands of the public domain except by lease, for a period not exceeding 25 years, renewable for not
more than 25 years, and not to exceed 1000 hectares in area. Citizens of the Philippines may lease not more than 500 hectares, or acquire not more than 12 hectares thereof by purchase, homestead, or grant.
§ 7. Save in cases of hereditary succession, no private lands shall be transferred or conveyed except to individuals, corporations, or associations qualified to acquire or hold lands of the public domain.
§ 10. The Congress shall, upon recommendation of the economic and planning agency, when the national interest dictates, reserve to citizens of the Philippines or to corporations or associations at least 60% of whose capital is owned by
such citizens, or such higher percentage as Congress may prescribe, certain areas of investments. The Congress shall enact measures that will encourage the formation and operation of enterprises whose capital is wholly owned by
Filipinos.
In the grant of rights, privileges, and concessions covering the national economy and patrimony, the State shall give preference to qualified Filipinos.
The State shall regulate and exercise authority over foreign investments within its national jurisdiction and in accordance with its national goals and priorities.
National Integrated
ENVIRONMENTAL Philippine Clean Air Act Philippine Clean Water Philippine Fisheries Revised Forestry Code of Philippine Mining Act of Ecological Solid Waste Indigenous Peoples
Protected Areas System
LAWS of 1999 Act of 2004 Code of 1998 the Philippines 1995 Management Act of 2000 Rights Act of 1997
Act of 1992
ISSUANCE NO. R.A. No. 8749 R.A. No. 9275 R.A. No. 8550 (as amended P.D. No. 705 R.A. No. 7942 R.A. No. 9003 R.A. No. 7586 R.A. No. 8371
by R.A. No. 10654)
ENACTMENT 23 June 1999 22 March 2004 25 February 1998 19 May 1975 3 March 1995 26 January 2001 1 June 1992 29 October 1997
DECLARATION OF (§ 2) (§ 2) (§ 2) WHEREAS, proper (§ 2) (§ 2) (§ 2) (§ 2)
POLICIES (a) The State shall protect (a) To streamline (a) To achieve food classification, management (a) All mineral resources (a) Ensure the protection (a) Secure for the Filipino a) The State shall
and advance the right of processes and procedures security as the overriding and utilization of the lands in public and private lands of the public health and people of present and recognize and promote the
the people to a balanced in the prevention, control consideration in the of the public domain to within the territory and environment; future generations the rights of ICCs/IPs within
and healthful ecology in and abatement of pollution utilization, management, maximize their exclusive economic zone of perpetual existence of all the framework of national
accord with the rhythm of the country's water development, conservation productivity to meet the the Republic of the (b) Utilize native plants and animals unity and development;
and harmony of nature. resources; and protection of fishery demands of our increasing Philippines are owned by environmentally-sound through the establishment
resources in order to population is urgently the State. methods that maximize of a comprehensive system b) The State shall protect
(b) The State shall (b) To promote provide the food needs of needed; the utilization of valuable of integrated protected the rights of ICCs/IPs to
promote and protect the environmental strategies, the population. A flexible (b) It shall be the resources and encourage areas within the their ancestral domains to
global environment to use of appropriate policy towards the WHEREAS, to achieve the responsibility of the state resource conservation and classification of national ensure their economic,
attain sustainable economic instruments and attainment of food security above purpose, it is to promote their rational recovery; park as provided for in the social and cultural well
development while of control mechanisms for shall be adopted in necessary to reassess the exploration, development, Constitution. being and shall recognize
recognizing the primary the protection of water response to changes in multiple uses of forest utilization and (c) Set guidelines and the applicability of
responsibility of local resources; demographic trends for lands and resources before conservation through the targets for solid waste (b) It is hereby recognized customary laws governing
government units to deal fish, emerging trends in allowing any utilization combined efforts of the avoidance and volume that these areas, although property rights or
with environmental (c) To formulate a holistic the trade of fish and other thereof to optimize the government and the reduction through source distinct in features, posses relations in determining
problems. national program of water aquatic products in benefits that can be private sector reduction and waste common ecological values the ownership and extent
quality management that domestic and international derived therefrom; minimization measures, that may be incorporated of ancestral domain;
1 | T R A X notes
(c) The State recognizes
that the responsibility of
cleaning the habitat and
environment is primarily
area-based.
(d) The State also
recognizes the principle
that "polluters must pay".
(e) Finally, the State
recognizes that a clean and
healthy environment is for
the good of all and should,
therefore, be the concern
of all.
(§ 3)
(a) 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;
(b) Encourage cooperation
and self-regulation among
citizens and industries
through the application of
market-based
instruments;
(c) Focus primarily on
pollution prevention
rather than on control and
provide for a
comprehensive
management program for
air pollution;
(d) Promote public
information and education
and to encourage the
participation of an
informed and active
public in air quality
planning and monitoring;
and
(e) Formulate and enforce
a system of accountability
for short and long-term
adverse environmental
recognizes that water
quality management issues
cannot be separated from
concerns about water
sources and ecological
protection, water supply,
public health and quality
of life;
(d) To formulate an
integrated water quality
management framework
through proper delegation
and effective coordination
of functions and activities;
(e) promote commercial
and industrial processes
and products that are
environment friendly and
energy efficient;
(f) To encourage
cooperation and self-
regulation among citizens
and industries through the
application of incentives
and market-based
instruments and to
promote the role of private
industrial enterprises in
shaping its regulatory
profile within the
acceptable boundaries of
public health and
environment;
(g) To provide for a
comprehensive
management program for
water pollution focusing
on pollution prevention;
(h) To promote public
information and education
and to encourage the
participation of an
informed and active public
in water quality
management and
monitoring;
(i) To formulate and
enforce a system of
accountability for short
markets, and the law of
supply and demand;
(b) To limit access to the
fishery and aquatic
resources of the
Philippines for the
exclusive use and
enjoyment of Filipino
citizens;
(c) To ensure the rational
and sustainable
development, management
and conservation of the
fishery and aquatic
resources in Philippine
waters including the
Exclusive Economic Zone
(EEZ) and in the adjacent
high seas, consistent with
the primordial objective of
maintaining a sound
ecological balance,
protecting and enhancing
the quality of the
environment;
(d) To protect the rights of
fisherfolk, especially of the
local communities with
priority to municipal
fisherfolk, in the
preferential use of the
municipal waters. Such
preferential use, shall be
based on, but not limited
to, Maximum Sustainable
Yield (MSY) or Total
Allowable Catch (TAC) on
the basis of resources and
ecological conditions, and
shall be consistent with
our commitments under
international treaties and
agreements;
(e) To provide support to
the fishery sector,
primarily to the municipal
fisherfolk, including
women and youth sectors,
through appropriate
technology and research,
adequate financial,
WHEREAS, it is also
imperative to place
emphasis not only on the
utilization thereof but
more so on the protection,
rehabilitation and
development of forest
lands, in order to ensure
the continuity of their
productive condition;
WHEREAS, the present
laws and regulations
governing forest lands are
not responsive enough to
support re-oriented
government programs,
projects and efforts on the
proper classification and
delimitation of the lands of
the public domain, and the
management, utilization,
protection, rehabilitation,
and development of forest
lands;
(§ 2)
(a) 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;
(b) Land classification and
survey shall be
systematized and
hastened;
(c) The establishment of
wood-processing plants
shall be encouraged and
rationalized; and
(d) The protection,
development and
rehabilitation of forest
lands shall be emphasized
so as to ensure their
continuity in productive
condition.
(c) Enhance national including composting,
growth in a way that recycling, re-use, recovery,
effectively safeguards the green charcoal process,
environment and protect and others, before
the rights of affected collection, treatment and
communities. disposal in appropriate
and environmentally
sound solid waste
management facilities in
accordance with
ecologically sustainable
development principles;
(d) Ensure the proper
segregation, collection,
transport, storage,
treatment and disposal of
solid waste through the
formulation and adoption
of the best environmental
practice in ecological
waste management
excluding incineration;
(e) Promote national
research and development
programs for improved
solid waste management
and resource conservation
techniques, more effective
institutional arrangement
and indigenous and
improved methods of
waste reduction,
collection, separation and
recovery;
(f) Encourage greater
private sector
participation in solid
waste management;
(g) Retain primary
enforcement and
responsibility of solid
waste management with
local government units
while establishing a
cooperative effort among
the national government,
other local government
units, non- government
organizations, and the
private sector;
into a holistic plan
representative of our
natural heritage; that
effective administration of
this area is possible only
through cooperation
among national
government, local
government and
concerned private
organizations; that the use
and enjoyment of these
protected areas must be
consistent with the
principles of biological
diversity and sustainable
development.
(c) There is hereby
established a National
Integrated Protected Areas
System (NIPAS), which
shall encompass
outstandingly remarkable
areas and biologically
important public lands
that are habitats of rare
and endangered species of
plants and animals,
biogeographic zones and
related ecosystems,
whether terrestrial,
wetland or marine, all of
which shall be designated
as "protected areas".
c) The State shall
recognize, respect and
protect the rights of
ICCs/IPs to preserve and
develop their cultures,
traditions and institutions.
It shall consider these
rights in the formulation of
national laws and policies;
d) The State shall
guarantee that members of
the ICCs/IPs regardless of
sex, shall equally enjoy the
full measure of human
rights and freedoms
without distinction or
discrimination;
e) The State shall take
measures, with the
participation of the
ICCs/IPs concerned, to
protect their rights and
guarantee respect for their
cultural integrity, and to
ensure that members of
the ICCs/IPs benefit on an
equal footing from the
rights and opportunities
which national laws and
regulations grant to other
members of the
population; and
f) The State recognizes its
obligations to respond to
the strong expression of
the ICCs/IPs for cultural
integrity by assuring
maximum ICC/IP
participation in the
direction of education,
health, as well as other
services of ICCs/IPs, in
order to render such
services more responsive
to the needs and desires of
these communities.
Towards these ends, the
State shall institute and
establish the necessary
mechanisms to enforce
2 | T R A X notes
impact of a project,
program or activity (which
includes the setting up of a
funding or guarantee
mechanism for clean-up
and environmental
rehabilitation and
compensation for personal
damages).
and long-term adverse
environmental impact of a
project, program or
activity; and
(j) To encourage civil
society and other sectors,
particularly labor, the
academe and business
undertaking environment-
related activities in their
efforts to organize, educate
and motivate the people in
addressing pertinent
environmental issues and
problems at the local and
national levels.
production, construction
of post-harvest facilities,
marketing assistance, and
other services. The
protection of municipal
fisherfolk against foreign
intrusion shall extend to
offshore fishing grounds.
Fishworkers shall receive
a just share for their labor
in the utilization of marine
and fishery resources;
(f) To manage fishery and
aquatic resources, in a
manner consistent with
the concept of an
integrated coastal area
management in specific
natural fishery
management areas,
appropriately supported
by research, technical
services and guidance
provided by the State; and
(g) To grant the private
sector the privilege to
utilize fishery resources
under the basic concept
that the grantee, licensee
or permittee thereof shall
not only be a privileged
beneficiary of the State but
also active participant and
partner of the Government
in the sustainable
development,
management, conservation
and protection of the
fishery and aquatic
resources of the country.
(h) Encourage cooperation and guarantee the
and self-regulation among realization of these rights,
waste generators through taking into consideration
the application of market- their customs, traditions,
based instruments; values, beliefs, interests
and institutions, and to
(i) Institutionalize public adopt and implement
participation in the measures to protect their
development and rights to their ancestral
implementation of domains.
national and local
integrated,
comprehensive, and
ecological waste
management programs;
and
(j) Strength the integration
of ecological solid waste
management and resource
conservation and recovery
topics into the academic
curricula of formal and
non-formal education in
order to promote
environmental awareness
and action among the
citizenry.

The state shall ensure the

attainment of the following
objectives of the fishery
sector:

1. Conservation, protection
and sustained
management of the
country's fishery and
aquatic resources;

2. Poverty alleviation and

3 | T R A X notes

DEFINITION OF (§ 5)
TERMS (b) 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;
(c) Ambient air quality
guideline values – the
concentration of air over
specified periods classified
as short-term and long-
term which are intended
to serve as goals or
objectives for the
protection of health
and/or public welfare.
These values shall be used
for air quality
management purposes
such as determining time
trends, evaluating stages
of deterioration or
enhancement of the air
(§ 4)
(c) Beneficial use – the use
of the environment or any
element or segment
thereof conducive to
public or private welfare,
safety and health; and shall
include, but not be limited
to, the use of water for
domestic, municipal,
irrigation, power
generation, fisheries,
livestock raising,
industrial, recreational
and other purpose;
(d)
Classification/Reclassificat
ion of Philippine Waters –
the categorization of all
water bodies taking into
account, among others, the
following:
1. existing quality of the
body of water;
2. size, depth, surface area
covered, volume, direction,
rate of flow and gradient of
stream;
3. most beneficial existing
and future use of said
bodies of water and lands
bordering them, such as
for residential,
agricultural, aquacultural,
commercial, industrial,
navigational, recreational,
wildlife conservation and
aesthetic purposes; and
the provision of
supplementary livelihood
among municipal
fisherfolk;
3. Improvement of
productivity of
aquaculture within
ecological limits;
4. Optimal utilization of
offshore and deep-sea
resources; and
5. Upgrading of post-
harvest technology.
(§ 4)
(a) Municipal Fishing –
fishing within municipal
waters using fishing
vessels of three (3. gross
tons or less, or fishing not
requiring the use of fishing
vessels
(b) Commercial Fishing –
taking of fishery species by
passive or active gear for
trade, business & profit
beyond subsistence or
sports fishing, to be
further classified as:
(1) Small scale commercial
fishing - fishing with
passive or active gear
utilizing fishing vessels of
3.1 GT up to 20 GT;
(2) Medium scale
commercial fishing -
fishing utilizing active
gears and vessels of 20.1
GT up to 150 GT; and
(3) Large commercial
fishing - fishing utilizing
active gears and vessels of
more than 150 GT.
(c) Aquaculture – fishery
operations involving all
forms of raising and
culturing fish and other
fishery species in fresh,
brackish and marine water
areas
(§ 3)
(d) Forest lands – include
the public forest, the
permanent forest or forest
reserves, and forest
reservations
(a) Public forest – 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
(b) Permanent forest or
forest reserves – 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
(g) Forest reservations –
forest lands which have
been reserved by the
President of the
Philippines for any specific
purpose or purposes
(e) Grazing land refers to
that portion of the public
domain which has been set
aside, in view of the
suitability of its
(§ 3)
(q) Exploration –the
searching or prospecting
for mineral resources by
geological, geochemical or
geophysical surveys,
remote sensing, test
pitting,
trenching, drilling, shaft
sinking, tunneling or any
other means for the
purpose of determining
the existence, extent,
quantity and quality
thereof and the feasibility
of mining them for profit
(aa) Minerals – all
naturally occurring
inorganic substance in
solid, gas, liquid, or any
intermediate state
excluding energy materials
such as coal, petroleum,
natural gas, radioactive
materials, and geothermal
energy
(§ 3)
(a) Agricultural waste –
waste generated from
planting or harvesting of
crops, trimming or
pruning of plants and
wastes or run-off materials
from farms or fields;
(b) Bulky wastes – waste
materials which cannot be
appropriately placed in
separate containers
because of either its bulky
size, shape or other
physical attributes.
(p) Hazardous waste –
solid waste management
or combination of solid
waste which because of its
quantity, concentration or
physical, chemical or
infectious characteristics
may:(1) cause an increase
in mortality or an increase
in serious irreversible, or
incapacitating reversible,
illness; or (2) pose a
substantial present or
potential hazard to human
health or the environment
(s) Municipal waste –
wastes produced from
activities within local
government units which
include a combination of
domestic, commercial,
(§ 3)
(a) National Integrated
Protected Areas System
(NIPAS) – 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
(b) Protected Area –
identified portions of land
and water set aside by
reason of their unique
physical and biological
significance, managed to
enhance biological
diversity and protected
against destructive human
exploitation
(§ 3)
(h)Indigenous Cultural
Communities/Indigenous
Peoples (ICCs/IPs) – a
group of people or
homogenous societies
identified by self-
ascription and ascription
by others, who have
continuously lived as
organized community on
communally bounded and
defined territory, and who
have, under claims of
ownership since time
immemorial, occupied,
possessed and utilized
such territories, sharing
common bonds of
language, customs,
traditions and other
distinctive cultural traits,
or who have, through
resistance to political,
social and cultural inroads
of colonization, non-
indigenous religions and
cultures, became
historically differentiated
from the majority of
Filipinos. ICCs/IPs shall
likewise include peoples
who are regarded as
indigenous on account of
their descent from the
populations which
inhabited the country, at
the time of conquest or
colonization, or at the time
4 | T R A X notes
quality, and in general,
used as basis for taking
positive action in
preventing, controlling, or
abating air pollution;
(d) Ambient air quality –
the general amount of
pollution present in a
broad area; and refers to
the atmosphere's average
purity as distinguished
from discharge
measurements taken at the
source of pollution
4. vulnerability of surface
and groundwater to
contamination from
pollutive and hazardous
wastes, agricultural
chemicals and
underground storage
tanks of petroleum
products;
(kk) Treatment – any
method, technique, or
process designed to alter
the physical, chemical or
biological and radiological
character or composition
of any waste or
wastewater to reduce or
prevent pollution;
(qq) Water Quality – the
characteristics of water,
which define its use in
characteristics by terms of
physical, chemical,
biological, bacteriological
or radiological
characteristics by which
the acceptability of water
is evaluated.
(d) Fishery Reserve – a topography and
designated area where vegetation, for the raising
activities are regulated of livestock.
and set aside for
educational and research (f) Mineral lands refer to
purposes those lands of the public
domain which have been
(e) Fishery Refuge and classified as such by the
Sanctuaries – a designated Secretary of Natural
area where fishing or Resources in accordance
other forms of activities with prescribed and
which may damage the approved criteria,
ecosystem of the area is guidelines and procedure.
prohibited and human
access may be restricted (q) Forest product –
means timber, pulpwood,
firewood, bark, tree top,
resin, gum, wood, oil,
honey, beeswax, nipa,
rattan, or other forest
growth such as grass,
shrub, and flowering plant,
the associated water, fish,
game, scenic, historical,
recreational and geologic
resources in forest lands
(w) Selective logging – the
systematic removal of the
mature, over-mature and
defective trees in such
manner as to leave
adequate number and
volume of healthy residual
trees of the desired species
necessary to assure a
future crop of timber, and
forest cover for the
protection and
conservation of soil and
water
(bb) Lease – a privilege
granted by the State to a
person to occupy and
possess, in consideration
of a specified rental, any
forest land of the public
domain in order to
undertake any authorized
activity therein
(cc) License – a privilege
granted by the State to a
person to utilize forest
institutional and industrial
wastes and street litters
(kk) Solid Waste – all
discarded household,
commercial waste, non-
hazardous institutional
and industrial waste,
street sweepings,
construction debris,
agricultural waste, and
other non-hazardous/non-
toxic solid waste.
Excluding: (1) Waste
identified or listed as
hazardous waste of a solid,
liquid, contained gaseous
or semisolid form which
may cause or contribute to
an increase in mortality or
in serious or incapacitating
reversible illness, or
acute/chronic effect on the
health of persons and
other organisms; (2)
Infectious waste from
hospitals; and (3) Waste
resulting from mining
activities, including
contaminated soil and
debris.
(pp) Special wastes –
household hazardous
wastes
(t) Open dump – a disposal
area wherein the solid
wastes are
indiscriminately thrown or
disposed of without due
planning and
consideration for
environmental and Health
standards;
(h) Controlled dump – a
disposal site at which solid
waste is deposited in
accordance with the
minimum prescribed
standards of site operation
(ff) Sanitary Landfill – a
waste disposal site
of inroads of non-
indigenous religions and
cultures, or the
establishment of present
state boundaries, who
retain some or all of their
own social, economic,
cultural and political
institutions, but who may
have been displaced from
their traditional domains
or who may have resettled
outside their ancestral
domains
(a) Ancestral Domains –
Subject to Sec. 56 (existing
property rights upon
effectivity of this Act)
hereof, refer to all areas
generally belonging to
ICCs/IPs comprising lands,
inland waters, coastal
areas, and natural
resources therein, held
under a claim of
ownership, occupied or
possessed by ICCs/IPs, by
themselves or through
their ancestors,
communally or
individually since time
immemorial, continuously
to the present except when
interrupted by war, force
majeure or displacement
by force, deceit, stealth or
as a consequence of
government projects or
any other voluntary
dealings entered into by
government and private
individuals/corporations,
and which are necessary to
ensure their economic,
social and cultural welfare.
It shall include ancestral
lands, forests, pasture,
residential, agricultural,
and other lands
individually owned
whether alienable and
disposable or otherwise,
hunting grounds, burial
grounds, worship areas,
5 | T R A X notes
 resources as in any forest
land, without any right of
occupation and possession
over the same, to the
exclusion of others, or
establish and operate a
wood-processing plant, or
conduct any activity
involving the utilization of
any forest resources
(dd) License agreement – a
privilege granted by the
State to a person to utilize
forest resources within
any forest land with the
right of possession and
occupation thereof to the
exclusion of others, except
the government, but with
the corresponding
obligation to develop,
protect and rehabilitate
the same in accordance
with the terms and
conditions set forth in said
agreement
(ee) Permit – a short-term
privilege or authority
granted by the State to a
person to utilize any
limited forest resources or
undertake a limited
activity with any forest
land without any right of
occupation and possession
therein
INSTITUTIONAL DENR (§§ 34-37) DENR (§ 19) Undersec. for Fisheries Bureau of Forestry
MECHANISMS • Powers & Functions • Primary government and Aquatic Resources (§ Development (BFD)
(a) Be the primary agency responsible for the 63) • Agency with which all
government agency implementation and • Position created solely forestry agencies are
responsible for the enforcement of Clean for the purpose of merged into (§ 4)
implementation and Water Act unless attending to the needs of • Powers & Functions:
enforcement of this Act. otherwise provided herein the fishing industry (a) Jurisdiction and
(b) Consult, participate, • Powers & Functions: • Powers & Functions: authority over all forest
cooperate and enter into (a) Prepare a National (a) Set policies and land, grazing lands, and all
agreement with other Water Quality Status formulate standards for forest reservations
designed, constructed, bodies of water, mineral
operated and maintained and other natural
in a manner that exerts resources, and lands which
engineering control over may no longer be
significant potential exclusively occupied by
environment impacts ICCs/IPs but from which
arising from the they traditionally had
development and access to for their
operation of the facility subsistence and traditional
activities, particularly the
(q) Leachate – the liquid home ranges of ICCs/IPs
produced when waste who are still nomadic
undergo decomposition, and/or shifting cultivators
and when water percolate
through solid waste (b) Ancestral Lands –
undergoing Subject to Sec. 56 (existing
decomposition. It is property rights upon
contaminated liquid that effectivity of this Act)
contains dissolved and hereof, refer to land
suspended materials occupied, possessed and
utilized by individuals,
families and clans who are
members of the ICCs/IPs
since time immemorial, by
themselves or through
their predecessors-in-
interest, under claims of
individual or traditional
group ownership,
continuously, to the
present except when
interrupted by war, force
majeure or displacement
by force, deceit, stealth, or
as a consequence of
government projects and
other voluntary dealings
entered into by
government and private
individuals/corporations,
including, but not limited
to, residential lots, rice
terraces or paddies,
private forests, swidden
farms and tree lots
DENR (§ 8) National Solid Waste DENR (§ 10) National Commission on
• Powers & Functions: Commission (NSWC) • NIPAS is placed under Indigenous Peoples (NCIP)
(a) Primary government • Composition (§ 4): the control and • Primary government
agency responsible for the (a) DENR administration of the agency responsible for the
conservation, (b) DILG DENR. formulation and
management, (c) DOST • For this purpose, there is implementation of policies,
development, and proper (d) DPWH hereby created a division plans and programs to
use of the State's mineral (e) DOH in the regional offices of promote and protect the
resources including those (f) DTI the Dept. to be called the rights and well-being of
in reservations, watershed (g) DA Protected Areas and the ICCs/IPs and the
6 | T R A X notes
government agencies, or
with affected NGO’s,
people's organizations
(POs), or private
enterprises
(c) Provide the LGUs with
technical assistance,
trainings and a continuing
capability-building
program to prepare them
to undertake full
administration of the air
quality management and
regulation within their
territorial jurisdiction.
Environment and Natural
Resources Office (ENRO)
(§ 37)
• Powers & Functions
(a) To prepare
comprehensive air quality
management programs,
plans and strategies;
(b) To provide technical
assistance and support to
the governor or mayor;
(c) To take the lead in all
efforts concerning air
quality protection and
rehabilitation;
(d) To recommend to the
Board air quality
standards;
(e) To coordinate with
other government
agencies and NGOs in the
implementation of
measures to prevent and
control air pollution; and
(f) To exercise such other
powers and perform such
duties and functions as
may be prescribed by law
or ordinance.
LGUs (§ 36)
• Powers & Functions
(a) Share the
responsibility in the
management and
maintenance of air quality
within their territorial
jurisdiction
(b) Implement air quality
Report;
(b) Prepare an Integrated
Water Quality
Management Framework;
(c) Prepare a 10-year
Water Quality
Management Area Action
Plan;
(d) Prepare and publish a
National Groundwater
Vulnerability Map
incorporating the
prevailing standards and
methodologies;
(e) Enforce, review and
revise Water Quality
Guidelines after due
consultation with the
concerned stakeholder
sectors;
(f) Review and set Effluent
Standards every 5 years or
sooner;
(g) Establish
Internationally-Accepted
Procedures for Sampling
and Analysis of Pollutants
and in coordination with
other concerned agencies,
formulate testing
procedures and establish
an accreditation system
for laboratories;
(h) Categorize Point and
Non-Point Sources of
Water Pollution;
(i) Classify groundwater
sources;
(j) Classify or reclassify all
water bodies according to
their Beneficial Usages;
(k) Exercise jurisdiction
over all aspects of water
pollution, determine its
location, magnitude,
extent, severity, causes,
effects and other pertinent
information on pollution,
and to take measures,
using available methods
and technologies to
prevent and abate such
pollution;
(l) Exercise supervision
and control over all
the effective, efficient and
economical operations of
the fishing industry;
(b) Exercise overall
supervision over all
functions and activities of
all offices and
instrumentalities and
other offices related to
fisheries including its
officers;
(c) Establish, with the
assistance of the director,
such regional, provincial
and other fishery officers
as may be necessary and
appropriate and organize
the internal structure of
BFAR; and
(d) Perform such other
functions as may be
necessary or proper to
attain the objectives of this
Code.
Bureau of Fisheries and
Aquatic Resources (BFAR)
• Reconstituted as a line
bureau under DA (§ 64)
• Powers & Functions (§
65):
(a) Prepare and implement
a Comprehensive National
Fisheries Industry
Development Plan;
(b) Issue licenses for the
operation of commercial
fishing vessels;
(c) Issue identification
cards to fishworkers
engaged in commercial
fishing;
(d) Monitor and review
joint fishing agreements
between Filipino citizens
and foreigners who
conduct fishing activities
in international waters,
and ensure that such
agreements are not
contrary to Philippine
commitment under
international treaties and
convention on fishing in
the high seas;
including watershed
reservations presently
administered by other
government agencies or
instrumentalities (§ 5)
(b) Protection,
development,
management,
regeneration, and
reforestation of forest
lands (§ 5);
(c) Regulation and
supervision of the
operation of licensees,
lessees and permittees for
the taking or use of forest
products therefrom or the
occupancy or use thereof
(§ 5);
(d) Implementation of
multiple use and sustained
yield management in
forest lands (§ 5);
(e) Protection,
development and
preservation of national
parks, marine parks, game
refuges and wildlife (§ 5);
(f) Implementation of
measures and programs to
prevent kaingin and
managed occupancy of
forest and grazing lands (§
5);
(g) In collaboration with
other bureaus, the
effective, efficient and
economic classification of
lands of the public domain
(§ 5);
(h) Enforcement of
forestry, reforestation,
parks, game and wildlife
laws, rules, and
regulations (§ 5);
(i) Regulate the
establishment and
operation of sawmills,
veneer and plywood mills
and other wood processing
plants and conduct studies
of domestic and world
markets of forest products
(§ 5);
(j) Establish and operate
areas, and lands of the
public domain;
(b) Sec. shall have the
authority to enter into
mineral agreements on
behalf of the Gov’t upon
the recommendation of the
Dir.; and
(c) Promulgate such rules
and regulations as may be
necessary to implement
the intent and provisions
of this Act.
Mines and Geosciences
Bureau (MGB) (§ 9)
• Powers & Functions:
(a) Shall have direct
charge in the
administration and
disposition of mineral
lands and mineral
resources and shall
undertake geological,
mining, metallurgical,
chemical, and other
researches as well as
geological and mineral
exploration surveys;
(b) Dir. shall recommend
to the Sec. the granting of
mineral agreements to
duly qualified persons and
shall monitor the
compliance by the
contractor of the terms
and conditions of the
mineral agreements;
(c) May confiscate surety,
performance and guaranty
bonds posted through an
order to be promulgated
by the Dir. ; and
(d) Dir. may deputize,
when necessary, any
member or unit of the
PNP, barangay, duly
registered NGO, or any
qualified person to police
all mining activities.
(h) MMDA
(i) LPG
(j) LCM
(k) LMM
(l) ABC
(m) TESDA
(n) PIA
(o) Representative from
NGOs whose principal
purpose is to promote
recycling and the
protection of air and water
quality
(p) Representative from
the recycling industry
(q) Representative from
the manufacturing or
packaging industry
• Powers & Functions (§
5):
(a) Prepare the national
solid waste management
framework;
(b) Approve local solid
waste management plans
in accordance with its
rules and regulations;
(c) Review and monitor
the implementation of
local solid waste
management plans;
(d) Coordinate the
operation of local solid
waste management boards
in the provincial and
city/municipal levels;
(e) To the maximum
extent feasible, utilizing
existing resources, assist
provincial, city and
municipal solid waste
management plans;
(f) Develop a model
provincial, city and
municipal solid waste
management plan that will
establish prototypes of the
content and format which
provinces, cities and
municipalities may use in
meeting the requirements
of the National Solid Waste
Management Framework;
(g) Adopt a program to
provide technical and
Wildlife Division in regions
where protected areas
have been established,
which shall be under the
supervision of a Regional
Technical Director.
• The Service thus
established shall manage
protected areas and
promote the permanent
preservation, to the
greatest extent possible of
their natural conditions.
• Powers & Functions of
the Sec. of DENR:
(a) To conduct studies on
various characteristic
features and conditions of
the different protected
areas, using commonalities
in their characteristics,
classify and define them
into categories and
prescribe permissible or
prohibited human
activities in each category
in the System;
(b) To adopt and enforce a
land use scheme and
zoning plan in adjoining
areas for the preservation
and control of activities
that may threaten the
ecological balance in the
protected areas;
(c) To cause the
preparation of and
exercise the power to
review all plans and
proposals for the
management of protected
areas;
(d) To promulgate rules
and regulations necessary
to carry out the provisions
of this Act;
(e) To deputize field
officers and delegate any
of his powers under this
Act and other laws to
expedite its
implementation and
enforcement;
(f) To fix and prescribe
reasonable NIPAS fees to
recognition of their
ancestral domains as well
as the rights thereto (§ 38)
• Powers & Functions
(a) To serve as the primary
government agency
through which ICCs/IPs
can seek government
assistance and as the
medium, through which
such assistance may be
extended;
(b) To review and assess
the conditions of ICCs/IPs
including existing laws and
policies pertinent thereto
and to propose relevant
laws and policies to
address their role in
national development;
(c) To formulate and
implement policies, plans,
programs and projects for
the economic, social and
cultural development of
the ICCs/IPs and to
monitor the
implementation thereof;
(d) To request and engage
the services and support of
experts from other
agencies of government or
employ private experts
and consultants as may be
required in the pursuit of
its objectives;
(e) To issue CADTs/CALTs;
(f) Subject to existing laws,
to enter into contracts,
agreements, or
arrangement, with
government or private
agencies or entities as may
be necessary to attain the
objectives of this Act, and
subject to the approval of
the President, to obtain
loans from government
lending institutions and
other lending institutions
to finance its programs;
(g) To negotiate for funds
and to accept grants,
donations, gifts and/or
properties in whatever
7 | T R A X notes
standards set by the Board
in areas within their
jurisdiction
Pollution Adjudication
Board (PAB) (Title XIV, Ch.
2, § 13 of the 1987
Administrative Code)
• Powers & Functions
(a) Adjudication of
pollution cases
aspects of water quality
management;
(m) Establish a
cooperative effort in
partnership with the
government, LGUs,
academic institutions, civil
society and the private
sector;
(n) Disseminate
information and conduct
educational awareness and
value formation programs
and campaigns;
(o) Promote and
encourage private and
business sectors the use of
water quality management
systems equipment;
(p) Report to Congress
annually the quality status
of water bodies and other
pertinent information and
recommend possible
legislation, policies and
programs for
environmental
management and water
pollution control;
(q) Issue rules and
regulations for the
effective implementation
of the provisions of this
Act;
(r) Issue orders against
any person or entity and
impose fines, penalties and
other administrative
sanctions to compel
compliance with water
quality;
(s) Undertake appropriate
protocol with other
concerned agencies for
immediate coordinated
responses to water related
emergency incidents;
(t) Issue permits,
clearances and similar
instruments pursuant to
this Act; and
(u) Exercise such powers
and perform such other
functions as may be
necessary to carry out the
(e) Formulate and
implement a
Comprehensive Fishery
Research and
Development Program;
(f) Establish and maintain
a Comprehensive Fishery
Information System;
(g) Provide extensive
development support
services in all aspects of
fisheries production,
processing and marketing;
(h) Provide advisory
services and technical
assistance on the
improvement of quality of
fish from the time it is
caught;
(i) Coordinate efforts
relating to fishery
production undertaken by
the primary fishery
producers, LGUs, FARMCs,
fishery and
organizations/cooperative
s;
(j) Advise and coordinate
with LGUs on the
maintenance of proper
sanitation and hygienic
practices in fish markets
and fish landing areas;
(k) Establish a corps of
specialists in collaboration
with the DND, DILG, DFA
for the efficient
monitoring, control and
surveillance of fishing
activities within Philippine
territorial waters and
provide the necessary
facilities, equipment and
training therefor;
(l) Implement an
inspection system for
import and export of
fishery/aquatic products
and fish processing
establishments;
(m) Coordinate with LGUs
and other concerned
agencies for the
establishment of
productivity enhancing
an in-service training
center for the purpose of
upgrading and training its
personnel and new
employees, set aside
adequate funds to enable
personnel to obtain special
education and training in
local or foreign colleges or
institutions (§ 11); and
(k) Devise a system, to be
approved by the
Department Head, to
evaluate the performance
of its employees (§ 12).
Dept. of Natural Resources
(DNR)
• Powers & Functions of
Sec. of DNR:
(a) Supervise and control
BFD (§ 7)
(b) Review actions and
decisions of BFD (§ 8)
(c) Promulgate the rules
and regulations necessary
to implement effectively
the provisions of this Code.
(§ 9)
(d) Visitorial powers (§
44)
other capability building
assistance and support to
local government units in
the development and
implementation of source
reduction programs;
(h) Develop and
implement a program to
assist local government
units in the identification
of markets for materials
that are diverted from
disposal facilities through
re-use, recycling, and
composting, and other
environment-friendly
methods;
(i) Develop a mechanism
for the imposition of
sanctions for the violations
environmental rules and
regulations;
(j) Manage the Solid Waste
Management Fund;
(k) Develop and prescribe
procedures for the
issuance of appropriate
permits and clearances.
(l) Review the incentives
scheme for effective solid
waste management, for
purpose of ensuring
relevance and efficiency in
achieving the objectives of
this Act;
(m) Formulate the
necessary education
promotion and
information campaign
strategies;
(n) Establish, after notice
and hearing of the parties
concerned, standards,
criteria, guidelines, and
formula that are fair,
equitable and reasonable,
in establishing tipping
charges and rates that the
proponent will charge in
the operation and
management of solid
waste management
facilities and technologies.
(o) Develop safety nets
and alternative livelihood
be collected from
government agencies or
any person, firm or
corporation deriving
benefits from the
protected areas;
(g) To exact administrative
fees and fines as
authorized in § 21 for
violation of guidelines,
rules and regulations of
this Act as would endanger
the viability of protected
areas;
(h) To enter into contracts
and/or agreements with
private entities or public
agencies as may be
necessary to carry out the
purposes of this Act;
(i) To accept in the name
of the Philippine
Government and in behalf
of NIPAS funds, gifts or
bequests of money for
immediate disbursements
or other property in the
interest of the NIPAS, its
activities or its services;
(j) To call on any agency or
instrumentality of the
Government as well as
academic institutions, non-
government organizations
and the private sector as
may be necessary to
accomplish the objectives
and activities of the
System;
(k) To submit an annual
report to the President of
the Philippines and to
Congress on the status of
protected areas in the
country;
(l) To establish a uniform
marker of the System,
including an appropriate
and distinctive symbol for
each category in the
System, in consultation
with appropriate
government agencies and
public and private
organizations;
form and from whatever
source, local and
international, subject to
the approval of the
President of the
Philippines, for the benefit
of ICCs/IPs and administer
the same in accordance
with the terms thereof; or
in the absence of any
condition, in such manner
consistent with the
interest of ICCs/IPs as well
as existing laws;
(h) To coordinate
development programs
and projects for the
advancement of the
ICCs/IPs and to oversee
the proper
implementation thereof;
(i) To convene periodic
conventions or assemblies
of IPs to review, assess as
well as propose policies or
plans;
(j) To advise the President
of the Philippines on all
matters relating to the
ICCs/IPs and to submit
within sixty (60) days after
the close of each calendar
year, a report of its
operations and
achievements;
(k) To submit to Congress
appropriate legislative
proposals intended to
carry out the policies
under this Act;
(l) To prepare and submit
the appropriate budget to
the Office of the President;
(m) To issue appropriate
certification as a pre-
condition to the grant of
permit, lease, grant, or any
other similar authority for
the disposition, utilization,
management and
appropriation by any
private individual,
corporate entity or any
government agency,
corporation or subdivision
8 | T R A X notes
objectives of this Act.
• Shall gradually devolve
to the LGUs, and to the
governing boards the
authority to administer
some aspects of water
quality management and
regulation, including, but
not to be limited to, permit
issuance, monitoring and
imposition of
administrative penalties,
when, upon DENR’s
determination, the LGU or
the governing board has
demonstrated readiness
and technical capability to
undertake such functions
LGUs (§ 20)
• Shall share the
responsibility in the
management and
improvement of water
quality within their
territorial jurisdictions
• Powers & Functions
(thru ENRO):
(a) Monitoring of water
quality;
(b) Emergency response;
(c) Compliance with the
framework of the Water
Quality Management
Action Plan;
(d) To take active
participation in all efforts
concerning water quality
protection and
rehabilitation; and
(e) To coordinate with
other government
agencies and civil society
and the concerned sectors
in the implementation of
measures to prevent and
control water pollution.
Business & Industry
Sectors (§ 21)
• Coordinate with DENR
and LGUs for their duty to
formulate appropriate
incentives for the adoption
procedures that will
and market development
programs in fishing
communities to enable
women to engage in other
fisheries/economic
activities and contribute
significantly to
development efforts;
(n) Enforce all laws,
formulate and enforce all
rules and regulations
governing the
conservation and
management of fishery
resources, except in
municipal waters, and to
settle conflicts of resource
use and allocation in
consultation with the
NFARMC, LGUs and local
FARMCs;
(o) Develop value-added
fishery-products for
domestic consumption and
export;
(p) Recommend measures
for the
protection/enhancement
of the fishery industries;
(q) Assist the LGUs in
developing their technical
capability in the
development,
management, regulation,
conservation, and
protection of the fishery
resources;
(r) Formulate rules and
regulations for the
conservation and
management of straddling
fish stocks and highly
migratory fish stocks; and
(s) Perform such other
related functions which
shall promote the
development,
conservation,
management, protection
and utilization of fisheries
and aquatic resources.
Fisheries and Aquatic
Resources Management
Councils (FARMCs)
programs for small
recyclers and other sectors
that will be affected as a
result of the construction
and/or operation of solid
waste management
recycling plant or facility.
(p) Formulate and update
a list of non-
environmentally
acceptable materials in
accordance with the
provisions of this Act. For
this purpose, it shall be
necessary that proper
consultation be conducted
by the Commission with all
concerned industries to
ensure a list that is based
on technological and
economic viability.
(q) Encourage private
sector initiatives,
community participation
and investments resource
recovery-based livelihood
programs for local
communities.
(r) Encourage all local
government agencies and
all local government units
to patronize products
manufactured using
recycled and recyclable
materials;
(s) Propose and adopt
regulations requiring the
source separation and post
separation collection,
segregated collection,
processing, marketing and
sale of organic and
designated recyclable
material generated in each
local government unit; and
(t) Study and review of the
following:
(1) Standards, criteria and
guidelines for
promulgation and
implementation of an
integrated national solid
waste management
framework; and
(2) Criteria and guidelines
(m) To determine the
specification of the class,
type and style of buildings
and other structures to be
constructed in protected
areas and the materials to
be used;
(n) Control the
construction, operation
and maintenance of roads,
trails, waterworks,
sewerage, fire protection,
and sanitation systems and
other public utilities
within the protected area;
(o) Control occupancy of
suitable portions of the
protected area and resettle
outside of said area forest
occupants therein, with
the exception of the
members of indigenous
communities area; and
(p) To perform such other
functions as may be
directed by the President
of the Philippines, and to
do such acts as may be
necessary or incidental to
the accomplishment of the
purpose and objectives of
the System.
Protected Area
Management Board
(PAMB) (§ 11)
• Created for each
protected area
• Powers & Functions: by a
majority vote:
(a) Decide the allocations
for budget
(b) Approve proposals for
funding
(c) Decide matters relating
to planning, peripheral
protection and general
administration of the area
in accordance with the
general management
strategy
thereof on any part or
portion of the ancestral
domain taking into
consideration the
consensus approval of the
ICCs/IPs concerned;
(n) To decide all appeals
from the decisions and
acts of all the various
offices within the
Commission;
(o) To promulgate the
necessary rules and
regulations for the
implementation of this Act;
(p) To exercise such other
powers and functions as
may be directed by the
President of the Republic
of the Philippines; and
(q) To represent the
Philippine ICCs/IPs in all
international conferences
and conventions dealing
with indigenous peoples
and other related
concerns. (§ 44)
(r) To promulgate rules
and regulations governing
the hearing and
disposition of cases filed
before it as well as those
pertaining to its internal
functions and such rules
and regulations as may be
necessary to carry out the
purposes of this Act;
(s) To administer oaths,
summon the parties to a
controversy, issue
subpoenas requiring the
attendance and testimony
of witnesses or the
production of such books,
papers, contracts, records,
agreements and other
document of similar
nature as may be material
to a just determination of
the matter under
investigation or hearing
conducted in pursuance of
this Act;
(t) To hold any person in
contempt, directly or
9 | T R A X notes
preserve and protect our
water bodies through the
introduction of innovative
equipment and processes
that reduce if totally
eliminate discharge of
pollutants into our water
bodies
Linkage Mechanism (§ 22)
• Gov’t Agencies and Their
Respective Powers &
Functions:
(a) PCG in coordination
with DA and DENR:
enforcement of water
quality standards in
marine waters, set
pursuant to this Act,
specifically from offshore
sources
(b) DPWH (thru MWSS,
LWUA, etc.): provision or
sewerage and sanitation
facilities and the efficient
and safe collection,
treatment and disposal of
sewage within their area
of jurisdiction
(c) DA (thru BFAR for the
prevention and control of
water pollution for the
development, management
and conservation of the
fisheries and aquatic
resources) in coordination
with DENR: formulation of
guidelines for the re-use of
wastewater for irrigation
and other agricultural uses
and for the prevention,
control and abatement of
pollution from agricultural
and aquaculture activities
(d) DOH: promulgation,
revision and enforcement
of drinking water quality
standards
(e) DOST, in coordination
with DENR and others:
preparation of a program
for the evaluation,
verification, development
and public dissemination
of pollution prevention
• Shall be formed by
fisherfolk
organizations/cooperative
s and NGOs in the locality
and be assisted by the
LGUs and other
government entities (§ 69)
• Powers & Functions of
the Nat’l FARMC
(NFARMC) (§ 72):
(a) Assist in the
formulation of national
policies for the protection,
sustainable development
and management of
fishery and aquatic
resources for the approval
of the Sec.;
(b) Assist DA in the
preparation of the
National Fisheries and
Industry Development
Plan; and
(c) Perform such other
functions as may be
provided by law.
• Powers & Functions of
the Municipal/City FARMC
(M/CFARMC) (§ 74):
(a) Assist in the
preparation of the
Municipal Fishery
Development Plan and
submit such plan to the
Municipal Development
Council;
(b) Recommend the
enactment of municipal
fishery ordinances to the
sangguniang bayan/
sangguniang panlungsod
through its Committee on
Fisheries;
(c) Assist in the
enforcement of fishery
laws, rules and regulations
in municipal waters;
(d) Advise the
sangguniang
bayan/panlungsod on
fishery matters through it
its Committee on Fisheries,
if such has been organized;
and
(e) Perform such other
for siting, design,
operation and
maintenance of solid waste
management facilities.
National Ecology Center
(NEC) (§ 7)
• Powers & Functions:
(a) Facilitate training and
education in integrated
ecological solid waste
management;
(b) Establish and manage a
solid waste management
information data base, in
coordination with the DTI
and other concerned
agencies:
(1) on solid waste
generation and
management techniques as
well as the management,
technical and operational
approaches to resource
recovery; and
(2) of
processors/recyclers, the
list of materials being
recycled or bought by
them and their respective
prices;
(c) Promote the
development of a recycling
market through the
establishment of a national
recycling network that will
enhance the opportunity
to recycle;
(d) Provide or facilitate
expert assistance in pilot
modeling of solid waste
management facilities; and
(e) Develop, test, and
disseminate model waste
minimization and
reduction auditing
procedures for evaluating
options.
DENR (§ 8)
• Powers & Functions:
(a) Chair the Commission
created pursuant to this
Act;
(b) Prepare an annual
indirectly, and impose
appropriate penalties
therefor; and
(u) To enjoin any or all
acts involving or arising
from any case pending
before it which, if not
restrained forthwith, may
cause grave or irreparable
damage to any of the
parties to the case or
seriously affect social or
economic activity. (§ 69)
Ancestral Domains Office
(ADO)
• Powers & Functions (§
46[a]):
(a) Identification,
delineation and
recognition of ancestral
lands/domains
(b) Management of
ancestral lands/domains
in accordance with a
master plan as well as the
implementation of the
ancestral domain rights of
the ICCs/IPs
(c) Issuance, upon the free
and prior informed
consent of the ICCs/IPs
concerned, certification
prior to the grant of any
license, lease or permit for
the exploitation of natural
resources affecting the
interests of ICCs/IPs or
their ancestral domains
and to assist the ICCs/IPs
in protecting the territorial
integrity of all ancestral
domains
10 | T R A X notes
and cleaner production functions which may be
technologies assigned by the
(f) DepEd, CHED, DILG, sangguniang
PIA: assistance and bayan/panlungsod.
coordination with DENR in • Powers & Functions of
the preparation and the Integrated FARMC
implementation of a (IFARMC) (§ 77):
comprehensive program (a) Assist in the
preparation of the
Integrated Fishery
Development Plan and
submit such plan to the
concerned Municipal
Development Councils;
(b) Recommend the
enactment of integrated
fishery ordinances to the
concerned sangguniang
bayan/ panlungsod
through its Committee of
Fisheries, if such has been
organized;
(c) Assist in the
enforcement of fishery
laws, rules and regulations
in concerned municipal
waters;
(d) Advice the concerned
sangguniang
bayan/panlungsod on
fishery matters through its
Committee on Fisheries, if
such has been organized;
and
(e) Perform such other
functions which may be
assigned by the concerned
sangguniang
bayan/panlungsod.
National Solid Waste
Management Status
Report;
(c) Prepare and distribute
information, education and
communication materials
on solid waste
management;
(d) Establish methods and
other parameters for the
measurement of waste
reduction, collection and
disposal;
(e) Provide technical and
other capability building
assistance and support to
the LGUs in the
development and
implementation of local
solid waste management
plans and programs;
(f) Recommend policies to
eliminate barriers to waste
reduction programs;
(g) Exercise visitorial and
enforcement powers to
ensure strict compliance
with this Act;
(h) Perform such other
powers and functions
necessary to achieve the
objectives of this Act; and
(i) Issue rules and
regulations to effectively
implement the provisions
of this Act.
• Visitorial Powers (§ 9)
LGU (§ 10)
• Powers & Functions:
(a) Primarily responsible
for the implementation
and enforcement of the
provisions of this Act
within their respective
jurisdictions;
(b) Segregation and
collection of solid waste
shall be conducted at the
barangay level specifically
for biodegradable,
compostable and reusable
wastes;
(c) Collection of non-
recyclable materials and
11 | T R A X notes
special wastes shall be the
responsibility of the
municipality or city.

Provincial Solid Waste

Management Board
(PSWMB) (§ 11)
• Powers & Functions:
(a) Develop a provincial
solid waste management
plan from the submitted
solid waste management
plans of the respective city
and municipal SWMB;
(b) Provide the necessary
logistical and operational
support to its component
cities and municipalities;
(c) Recommend measures
and safeguards against
pollution and for the
preservation of the natural
ecosystem;
(d) Recommend measures
to generate resources,
funding and
implementation of project
and activities as specified
in the duly approved solid
waste management plans;
(e) Identify areas within
its jurisdiction which have
common solid waste
management problems;
(f) Coordinate the efforts
of the component cities
and municipalities in the
implementation of the
Provincial Solid Waste
Management Plan;
(g) Develop an appropriate
incentive scheme as an
integral component of the
Provincial Solid Waste
Management Plan;
(h) Convene joint meetings
of the provincial, city and
municipal solid waste
management boards at
least every quarter for
purposes of integrating,
synchronizing, monitoring
and evaluating the
development and
implementation of its
12 | T R A X notes
provincial solid waste
management plan;
(i) Represent any of its
component city or
municipality in
coordinating its resource
and operational
requirements with
agencies of the national
government;
(j) Oversee the
implementation of the
Provincial Solid Waste
Management Plant;
(k) Review every 2 years
or as the need arises the
Provincial Solid Waste
Management Plan for
purposes of ensuring its
sustainability, viability,
effectiveness and
relevance in relation to
local and international
development in the field of
solid waste management;
and
(l) Allow for the clustering
of LGUs for the solution of
common solid waste
management problems.

City & Municipal Solid

Waste Management Board
(CSWMB/MSWMB) (§ 12)
• Powers & Functions:
(a) Develop the City or
Municipal Solid Waste
Management Plan, as well
as integrate the various
solid waste management
plans and strategies of the
barangays in its area of
jurisdiction;
(b) Adopt measures to
promote and ensure the
viability and effective
implementation of solid
waste management
programs in its component
barangays;
(c) Monitor the
implementation of the City
or Municipal Solid Waste
Management Plan;
(d) Adopt specific
13 | T R A X notes
 revenue-generating
measures to promote the
viability of its Solid Waste
Management Plan;
(e) Convene regular
meetings for purposes of
planning and coordinating
the implementation of the
solid waste management
plans of the respective
component barangays;
(f) Oversee the
implementation of the City
or Municipal Solid Waste
Management Plan;
(g) Review every 2 years
or as the need arises the
City or Municipal Solid
Waste Management Plan;
(h) Develop the specific
mechanics and guidelines
for the implementation of
the City or Municipal Solid
Waste Management Plan;
(i) Recommended to
appropriate local
government authorities
specific measures or
proposals for franchise or
build-operate-transfer
agreements with duly
recognized institutions
(j) Provide the necessary
logistical and operational
support to its component
cities and municipalities;
(k) Recommended
measures and safeguards
against pollution and for
the preservation of the
natural ecosystem; and
(l) Coordinates the efforts
of its components
barangays in the
implementation of the city
or municipal Solid Waste
Management Plan.
PENAL Prohibited Acts Prohibited Acts (§ 27) Prohibited Acts (§ ) Prohibited Acts Prohibited Acts Prohibited Acts (§ 48) Prohibited Acts (§ 20) Prohibited Acts (§ 72)
PROVISIONS (1) Violation of standards (1) Discharging, depositing (1) Unauthorized fishing (1) Cutting, gathering (1) False statements (§ (1) Littering, throwing, (1) Hunting, destroying, (1) Unauthorized and
for stationary sources (§ or causing to be deposited or engaging in other and/or collecting timber 101) dumping of waste matters disturbing, or mere unlawful intrusion upon,
45) material of any kind unauthorized fisheries or other products without (2) Illegal exploration (§ in public places, such as possession of any plants or or use of any portion of the
(2) Violation of standards directly or indirectly into activities (§ 86) license (§ 68) 102) roads, sidewalks, canals, animals or products ancestral domain or land,
for motor vehicles (§ 46) the water bodies or along (2) Poaching in Philippine (2) Unlawful occupation or (3) Theft of minerals (§ esteros or parks, and derived therefrom without or any violation of the
(3) Violations of other the margins of any surface waters (§ 87) destruction of forest lands 103) establishment, or causing permit rights hereinbefore
provisions (§ 47) water, where, the same (3) Fishing through (§ 69) (4) Destruction of mining or permitting the same; (2) Dumping of any waste enumerated (§ 10)
14 | T R A X notes
(4) Gross violations (§ 48) 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;
(2) 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;
(3) 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;
(4) 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;
(5) Unauthorized
transport or dumping into
sea waters of sewage
sludge or solid waste as
defined under Republic
Act No.9003;
(6) Transport, dumping or
discharge of prohibited
chemicals, substances or
pollutants listed under
Republic Act No.6969;
(7) Operate facilities that
discharge or allow to seep,
explosives, noxious or
poisonous substance,
and/or electricity (§ 88)
(4) Use of fine mesh net (§
89)
(5) Use of active gear in
the municipal waters and
bays and other fishery
management areas (§ 90)
(6) Coral exploitation and
exportation (§ 91)
(7) Muro-Ami and similar
methods and use of gear
destructive to coral reefs
and other marine habitat
(§ 92)
(8) Illegal use of
superlights (§ 93)
(9) Conversion of
mangroves (§ 94)
(10) Fishing in overfished
area and during closed
season (§ 95)
(11) Fishing in fishery
reserves, refuge and
sanctuaries (§ 96)
(12) Fishing or taking of
rare, threatened or
endangered species (§ 97)
(13) Capture of sabalo
(mature milkfish) and
other breeders/spawners
(§ 98)
(14) Exportation of
breeders, spawners, eggs
or fry (§ 99)
(15) Importation or
exportation of fish or
fishery species (§ 100)
(16) Violation of catch
ceilings (§ 101)
(17) Aquatic pollution (§
102)
(18) Other violations (§
103):
• Failure to comply with
minimum safety standards
• Failure to conduct a
yearly report on all
fishponds, fish pens and
fish cages
• Gathering and marketing
of shell fishes
• Obstruction to navigation
or flow and ebb of tide in
(3) Unauthorized
pasturing of livestock (§
70)
(4) Illegal occupation of
national parks system and
recreation areas and
vandalism therein (§ 71)
(5) Destruction of wildlife
resources (§ 72)
(6) Survey by
unauthorized person (§
73)
(7) Misclassification and
survey by government
official or employee
contrary to the criteria and
standards established in
this Code (§ 74)
(8) Issuance of a tax
declaration on real
property without a
certification from the Dir.
of Forest Development and
the Dir. of Lands (§ 75)
(9) Coercion and influence
in relation to §§ 74 & 75 (§
76)
(10) Unlawful possession
of implements and devices
used by forest officers (§
77)
(11) Failure or refusal in
the payment, collection
and remittance of forest
charges (§ 78)
(12) Non-compliance with
grading rules in the sale of
wood products (§ 79)
structures (§ 104)
(5) Mines arson (§ 105)
(6) Willful damage to a
mine (§ 106)
(7) Illegal Obstruction to
permittees or contractors
(§ 107)
(8) Violation of the terms
and conditions of the ECC
(§ 108)
(9) Illegal obstruction to
gov’t officials (§ 109)
(10) Violation this Act or
its IRR (§ 110)
(11) Late or non-
submission of reports (fine
only) (§ 111)
(2) Undertaking activities products detrimental to (2) Violation of equal
or operating, collecting or the protected area, or to protection and non-
transporting equipment in the plants and animals or discrimination of ICCs/IPs
violation of sanitation inhabitants therein (§ 21)
operation and other (3) Use of any motorized (3) Unlawful acts
requirements or permits equipment without permit pertaining to employment
set forth in established (4) Mutilating, defacing or (§ 24)
pursuant; destroying objects of (4) Violation of ICCs’/IPs’
(3) Open burning of solid natural beauty, or objects rights to religious, cultural
waste; of interest to cultural sites and ceremonies (§
(4) Causing or permitting communities (of scenic 33)
the collection of non- value)
segregated or unsorted (5) Damaging and leaving Applicable Penalties (§ 72)
wastes; roads and trails in a (1) Customary Laws
(5) Squatting in open damaged condition (2) Existing Laws:
dumps and landfills; (6) Squatting, mineral
(6) Open dumping, locating, or otherwise
burying of biodegradable occupying any land
or non-biodegradable (7) Constructing or
materials in flood prone maintaining any kind of
areas; structure, fence or
(7) Unauthorized removal enclosures, conducting any
of recyclable material business enterprise
intended for collection by without permit
authorized persons; (8) Leaving in exposed or
(8) The mixing of source- unsanitary conditions
separated recyclable refuse or debris, or
material with other solid depositing in ground or in
waste in any vehicle, box, bodies of water
container or receptacle (9) Altering, removing
used in solid waste destroying or defacing
collection or disposal; boundary marks or signs
(9) Establishment or
operation of open dumps,
or closure of said dumps in
violation of Sec. 37;
(10) Manufacture,
distribution or use of non-
environmentally
acceptable packaging
materials;
(11) Importation of
consumer products
packaged in non-
environmentally
acceptable materials;
(12) Importation of toxic
wastes misrepresented as
"recyclable" or "with
recyclable content";
(13) Transport and
dumplog in bulk of
collected domestic,
industrial, commercial,
and institutional wastes in
15 | T R A X notes
wilfully or through gross any stream, river, lake or areas other than centers or
negligence, prohibited bay facilities prescribe under
chemicals, substances or • Construction and this Act;
pollutants listed under R. operation of fish (14) Site preparation,
A. No. 6969 into water corrals/traps, fish pens construction, expansion or
bodies or wherein the and fish cages operation of waste
same shall be liable to be (19) Commercial fishing management facilities
washed into such surface, vessel operators without an Environmental
ground, coastal, and employing unlicensed Compliance Certificate
marine water; fisherfolk or fishworker or required pursuant to
(8) Undertaking activities crew (§ 104) Presidential Decree No.
or development and (20) Obstruction of 1586 and this Act and not
expansion of projects, or defined migration paths (§ conforming with the land
operating 105) use plan of the LGU;
wastewater/sewerage (21) Obstruction to fishery (15) The construction of
facilities in violation of law enforcement officer (§ any establishment within
Presidential Decree. 106) 200 meters from open
No.1586 and its dumps or controlled
implementing rules, and dumps, or sanitary landfill;
regulations; and
(9) Discharging regulated (16) The construction or
water pollutants without operation of landfills or
the valid required any waste disposal facility
discharge permit pursuant on any aquifer,
to this Act or after the groundwater reservoir, or
permit was revoked for watershed area and or any
any violation of condition portions thereof.
therein;
(10) 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 (§ 29);
(11) Refusal to allow
entry, inspection and
monitoring by the
Department in accordance
with this Act;
(12) Refusal to allow
access by the Department
to relevant reports and
records in accordance with
this Act;
(13) Refusal or failure to
submit reports whenever
required by the
Department in accordance
with this Act;
(14) Refusal or failure to
designate pollution control
officers whenever
required by, the
16 | T R A X notes

SALIENT RECOGNITION OF RIGHTS
FEATURES (§ 4)
(a) Right to breathe clean
air (§§ 15 & 16, Art. II)
(b) Right to utilize and
enjoy all natural resources
• Sustainable development
• § 10, Art. XII : Filipino
first policy
(c) Right to participate in
FPIM of environmental
policies (§ 39, RA 8749)
• Multi sectoral continuing
air quality information and
educational campaign
(d) Right to participate in
decision-making process
of development policies →
environment and public
health (§ 52, RA 8749;
DENR reports to Congress)
(e) Right to be informed
• Regular updates,
advisories, warnings
(f) Right of access to public
records (§ 7, Art. III, 1987
Constitution; § 28, Art. II;
Chavez v. PEA)
(g) Right to bring action
(§§ 40, 41, RA 8749)
• Enjoin violations
• Compel rehabilitation
and clean-up
• Seek imposition of penal
sanctions against violators
(h) Right to bring action
• Personal and civil suits
• Action for damages
SOURCES OF POLLUTION
(1) Stationary Sources (§§
19 & 20)
• Installation of air
pollution control device
• Ban on incineration
(2) Motor Vehicles (§§ 24
& 25)
Department in accordance
with this Act; and
(15) 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.
WATER QUALITY
MANAGEMENT SYSTEM
• DENR, in coordination
with NWRB, shall
designate certain areas as
water quality management
areas using appropriate
physiographic units such
as watershed, river basins
or water resources
regions, which shall be
mandated to:
(a) Create a multi-sectoral
group to establish and
effect water quality
surveillance and
monitoring network
(b) Submit its report and
recommendations to the
chairman of the governing
board (§ 5)
• National Water Quality
Management Fund (§ 9)
FINANCIAL LIABILITY
MECHANISMS
• DENR shall require
program and project
proponents to put up an
Environmental Guarantee
Fund, which shall finance
the maintenance of the
health of the ecosystems
and specially the
conservation of
watersheds and aquifers
affected by the
development, and the
needs of emergency
response, clean-up or
rehabilitation of areas that
may be damaged during
the program's or project's
actual implementation (§
15)
ACTIONS (§40)
MUNICIPAL FISHERIES
• Fishing privileges within
municipal waters are
granted by the
City/Municipal Council
• Municipal waters shall be
primarily utilized by
municipal fisherfolk and
their
cooperatives/organization
s who are listed as such in
the registry of municipal
fisherfolk (§ 18)
COMMERCIAL FISHERIES
(§ 26)
• No person shall operate a
commercial fishing vessel,
pearl fishing vessel or
fishing vessel for scientific,
research or educational
purposes, or engage in any
fishery activity, or seek
employment as a
fishworker or pearl diver
without first securing a
license from the DA, the
period of which shall be
prescribed by the DA
• No such license shall be
required of a fishing vessel
engaged in scientific
research or educational
purposes within Philippine
waters and pursuant to an
international agreement of
which the Philippines is a
signatory and which
agreement defines the
status, privileges and
obligations of said vessel
and its crew and the non-
Filipino officials of the
international agency under
which vessel operates
AQUACULTURE
CLASSIFICATION AND
SURVEYS
• Sec. of DENR 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 (§ 13)
• No land of the public
domain 18% in slope or
over shall be classified as
alienable and disposable,
nor any forest land 50% in
slope or over, as grazing
land (§ 15)
• The following lands, even
if they are below 18% in
slope, are needed for
forest purposes, and may
not, therefore, be classified
as alienable and
disposable land, to wit (§
16):
(1) Areas less than 250
hectares which are far
from, or are not
contiguous with, any
certified alienable and
disposable land;
(2) Isolated patches of
forest of at least 5 hectares
with rocky terrain, or
which protect a spring for
5 PHASES OF MINING
(1) Prospecting
(2) Exploration
(3) Production
(4) Development
(5) Rehabilitation
SCOPE OF APPLICATION
(§ 15)
• Exploration,
• Development,
• Utilization, and
• Processing of all mineral
resources
People’s Small Mining Act
(R.A. No. 7076)
• Small Scale Mining –
refers to mining activities
that rely heavily on
manual labor using simple
tools and methods. It does
not use explosives or
heavy mining equipment
and requires only a small
capital investment.
• Policy is to:
(a) Promote, develop,
protect an rationalize
viable small-scale mining
activities;
(b) Generate more
employment
opportunities; and
(c) Provide an equitable
sharing of the nation's
wealth and natural
resources.
MINERAL AGREEMENTS
• Mineral Agreement –
Grants to the Contractor
the exclusive right to
conduct mining operations
and extract all mineral
resources found in the
area, and shall have a term
WASTE SEGRAGATION
• Mandatory (§ 21)
• Requirements (§ 22):
(a) There shall be a
separate container for
each type of waste from all
sources: Provided, That in
the case of bulky waste, it
will suffice that the same
be collected and placed in
a separate designated
area; and
(b) The solid waste
container depending on its
use shall be properly
marked or identified for
on-site collection as
"compostable", "non-
recyclable", "recyclable" or
"special waste," or any
other classification as may
be determined by NSWC.
REQUIREMENTS FOR
COLLECTION AND
TRANSPORT
Collection (§ 23)
(a) All collectors and other
personnel directly dealing
with the collection of solid
waste shall be equipped
with personal protective
equipment to protect them
from the hazards of
handling solid wastes;
(b) Necessary training
shall be given to the
collectors and personnel;
and
(c) Collection of solid
waste shall be done in a
manner which prevents
damage to the container,
spillage or scattering of
solid waste within the
collection vicinity
CATEGORIES (§ 3)
(1) Strict nature reserve ―
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;
(2) Natural park ― 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;
(3) Natural monument ― 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;
(4) Wildlife sanctuary ―
comprises an area which
IMPORTANT CONCEPTS
• Concept of Ancestral
Domains/Lands ― covers
not only the physical
environment but the total
environment including the
spiritual and cultural
bonds to the areas (§ 4)
• Indigenous concept of
ownership ― private but
community property
which belongs to all
generations and therefore
cannot be sold, disposed or
destroyed; likewise covers
sustainable traditional
resource rights (§ 5)
RIGHTS TO ANCESTRAL
DOMAIN (§ 7)
(a) Right of Ownership
(b) Right to Develop Lands
and Natural Resources
• For future generations
• Right to profits from
allocation and utilization
• Right to negotiate the
terms and conditions for
the exploration
• Right to an informed and
intelligent participation in
the formulation and
implementation of any
project
• Right to a just and fair
compensation for any
damages which they may
sustain
(c) Right to Stay in the
Territories
• No ICCs/IPs will be
relocated without their
FPIC, nor through any
means other than eminent
domain
(d) Right in Case of
Displacement
17 | T R A X notes
• Emission standards set
by the DOTr
(3) Other Sources (§§ 21-
23)
(a) Smoking
• Prohibition: inside a
public building or an
enclosed public place
including public vehicles
and other means of
transport or in any
enclosed area outside of
one's private residence,
private place of work or
any duly designated
smoking area
• Implemented by LGU
(b) Other mobile sources
• Violations under the
jurisdiction of DOTr
(4) Other Pollutants (§§
30-33)
(a) Ozone Depleting
Substances
(b) Greenhouse Gases
• Regular monitoring of
meteorological factors
affecting environmental
conditions by PAGASA
(c) Persistent Organic
Pollutants
• Organic compounds that
are resistant
to environmental
degradation through chem
ical, biological,
and photolytic processes
(d) Radioactive Emissions
• Involve the use of atomic
or nuclear energy
• Establishment of nuclear
energy facilities
• Regulated by the
Philippine Nuclear
Research Institute
ACTIONS
Administrative Actions
(§40)
DENR shall, on its own
instance or upon verified
complaint by any person,
institute administrative
proceedings against any
person who violates:
• Without prejudice to the • Public lands such as tidal
right of any affected swamps, mangroves,
person to file an marshes, foreshore lands
and ponds suitable for
administrative action
fishery operations shall
• DENR shall, on its own not be disposed or
instance or upon verified alienated, but an Fishpond
complaint by any person, Lease Agreement (FLA)
institute administrative may be issued for public
proceedings in the proper lands that may be declared
forum against any person available for fishpond
development primarily to
who violates:
qualified fisherfolk
(a) Standards or cooperatives/associations
limitations provided by (§ 45)
this Act; or
(b) Any order, rule or FISHERY RESERVES,
regulation issued by DENR REFUGE, AND
with respect to such SANCTUARIES
• DA may designate area or
standard or limitation
areas in Philippine waters
beyond 15 kilometers
from shoreline as fishery
reservation for the
exclusive use of the
government or any of its
political subdivisions,
agencies or
instrumentalities, for
propagation, educational,
research and scientific
purposes (§ 80)
• DA may establish fish
refuge and sanctuaries to
be administered in the
manner to be prescribed
by the BFAR at least 25%
but not more than 40% of
bays, foreshore lands,
continental shelf or any
fishing ground shall be set
aside for the cultivation of
mangroves to strengthen
the habitat and the
spawning grounds of fish,
within which areas no
commercial fishing shall
be allowed. (§ 81)
communal use;
(3) Areas which have
already been reforested;
(4) Areas within forest
concessions which are
timbered or have good
residual stocking to
support an existing, or
approved to be
established, wood
processing plant;
(5) Ridge tops and
plateaus regardless of size
found within, or
surrounded wholly or
partly by, forest lands
where headwaters
emanate;
(6) Appropriately located
road-rights-or-way;
(7) 20 meter strips of land
along the edge of the
normal high waterline of
rivers and streams with
channels of at least 5
meters wide;
(8) Strips of mangrove or
swamplands at least 20
meters wide, along
shorelines facing oceans,
lakes, and other bodies of
water, and strips of land at
least 20 meters wide
facing lakes;
(9) Areas needed for other
purposes, such as national
parks, national historical
sites, game refuges and
wildlife sanctuaries, forest
station sites, and others of
public interest; and
(10) Areas previously
proclaimed by the Pres. as
forest reserves, national
parks, game refuge, bird
sanctuaries, national
shrines, national historic
sites:
not exceeding 25 years
from the date of its
execution, and renewable
for another term not
exceeding 25 years under
the same terms and
conditions, without
prejudice to changes
mutually agreed upon by
the Government and the
Contractor. (§ 32)
• Exploration Permit – A
mode of entry in mineral
exploration allowing a
qualified person to
undertake exploration
activities of mineral
resources in certain areas
open to mining in the
country.
Forms of Mineral
Agreements (§ 26)
(a)Mineral Production
Sharing Agreement
• An agreement where the
Government grants to the
contractor the exclusive
right to conduct mining
operations within a
contract area and shares in
the gross output.
• The contractor shall
provide the financing,
technology, management
and personnel necessary
for the implementation of
this agreement
(b) Co-production
Agreement
• An agreement between
the Government and the
contractor wherein the
Government shall provide
inputs to the mining
operations other than the
mineral resource.
(c) Joint-venture
Agreement
• An Agreement where a
joint-venture company is
organized by the
Government and the
contractor with both
parties having equity.
Transport (§ 24)
(a) Separate collection
schedules and separate
trucks or haulers (or
specific compartment) for
specific kinds of waste;
(b) Ensure containment of
solid waste while in
transit; and
(c) Bear body number,
name and address of the
contractor or agency
collecting solid waste
RECYCLING
• DTI shall, in cooperation
with DENR, DILG, and
other concerned agencies
and sectors, publish a
study of existing markets
for processing and
purchasing recyclable
materials and the potential
steps necessary to expand
these markets (§ 26)
• DTI shall formulate and
implement a coding
system for packaging
materials and products to
facilitate waste and
recycling and re-use (§ 27)
• NEC shall assist LGUs in
establishing and
implementing deposit or
reclamation programs in
coordination with
manufacturers, recyclers
and generators to provide
separate collection
systems or convenient
drop-off locations for
recyclable materials and
particularly for separated
toxic components of the
waste stream like dry cell
batteries and tires to
ensure that they are not
incinerated or disposed of
in a landfill (§ 28)
• Prohibition on the use of
non-environmentally
acceptable packaging (§
30)
• NSWC, NEC, DTI, and DF
shall establish procedures,
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;
(5) Protected landscapes
and seascapes ―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;
(6) Resource reserve ― 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;
(7) Natural biotic area ―
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; and
(8) Other categories
established by law,
conventions or
international agreements
which the Philippine
Government is a signatory
• The State shall endeavor
to resettle the displaced
ICCs/IPs in suitable areas
where they can have
temporary life support
systems
(e) Right to Regulate Entry
of Migrants
(f) Right to Safe and Clean
Air and Water
• Access to integrated
systems for the
management of their
inland waters and air
space
(g) Right to Claim Parts of
Reservations
• Except those reserved
and intended for common
public welfare and service
(h) Right to Resolve
Conflict
• Primacy of customary
laws; in default thereof,
amicable settlement/court
RIGHTS TO ANCESTRAL
LANDS (§ 8)
(a) Right to Transfer
Land/Property
• To/among members of
the same ICCs/IPs, subject
to customary laws and
traditions of the
community concerned
(b) Right to Redemption
• Transfer to a non-
member, tainted by
vitiated consent or for an
unconscionable
consideration or price
• Period of redemption:
not exceeding 15 years
from date of transfer
DELINEATION
• Self-delineation shall be
the guiding principle in the
identification and
delineation of ancestral
domains (§ 51)
Ancestral Domain
Step 1. Petition: may be
initiated by (a) the NCIP
w/ the consent of the
18 | T R A X notes
(a) Standards or limitation
provided under this Act; or
(b) Any order, rule or
regulation issued by the
DENR with respect to such
standard or limitation.
Citizen Suits (§41)
Any citizen may file an
appropriate civil, criminal
or administrative action in
the proper courts against:
(a) Any person who
violates or fails to comply
with the provisions of this
Act
(b) DENR or other
implementing agencies
with respect to orders,
rules and regulations
issued inconsistent with
this Act,
(c) Any public officer who
willfully neglects
performance of an act,
abuses authority, or
improperly performs
duties
UTILIZATION AND
MANAGEMENT
• Multiple use – numerous
beneficial uses shall be
evaluated and weighted
before allowing the
utilization, exploitation,
occupation or possession
thereof, or the conduct of
any activity therein; and
only the utilization,
exploitation, occupation or
possession of any forest
land, or any activity
therein, involving one or
more or its resources,
which will produce the
optimum benefits to the
development and progress
of the country and the
public welfare, without
impairment or with the
least injury to its other
resources, shall be allowed
(§ 19)
• Sustained yield – all
measures shall be taken to
achieve an approximate
balance between growth
and harvest or use of
forest products in forest
lands (§ 21)
• No person may utilize,
exploit, occupy, possess or
conduct any activity within
any forest land, or
establish and operate any
wood-processing plant,
unless he has been
authorized to do so under
a license agreement, lease,
license, or permit (§ 20)
Reforestation
• The following shall be
reforested and covered
with suitable and sufficient
trees (§ 33):
(a) Bare or grass-covered
tracts of forest lands with
at least 50% slope;
(b) Bare or grass-covered
tracts of forest lands with
less than 50% slope, but
• Aside from earnings in
equity, the Government
shall be entitled to a share
in the gross output.
FTAA
• A contract involving
financial or technical
assistance for large-scale
exploration, development,
and utilization of mineral
resources, with a term of
25 years from the date of
its issuance, and
renewable for another
term not exceeding 25
years.
• The Contractor may
convert the FTAA to a
Mineral Agreement at any
time during the term of the
agreement if the economic
viability of the area is
inadequate to justify large-
scale mining operations (§
39)
Environmental Protection
and Enhancement
Program (EPEP) (§ 69)
• Every contractor shall
undertake an EPEP
covering the period of the
mineral agreement or
permit, which shall be
incorporated in the work
program which the
contractor or permittee
shall submit as an
accompanying document
to the application for a
mineral agreement or
permit
Environmental Clearance
Certificate (ECC) (§ 70)
• A document issued by
the gov’t agency concerned
certifying that the project
under consideration will
not bring about an
unacceptable
environmental impact and
that the proponent has
complied with the
standards and strategies to
market recyclable
materials and develop the
local market for recycle
goods (§ 31)
• Materials Recovery
Facilities shall be
established, which shall be
designed to receive, sort,
process and store
compostable and
recyclable material
efficiently and in an
environmentally sound
manner, addressing the
following considerations:
(a) The building and/or
land layout and equipment
must be designed to
accommodate efficient and
safe materials processing,
movement, and storage;
and
(b) The building must be
designed to allow efficient
and safe external access
and to accommodate
internal flow. (§§ 31-32)
MINIMUM CRITERIA FOR
SITING, ESTABLISHMENT,
AND OPERATION OF
SANITARY LANDFILL
Siting (§ 40)
(a) Must be consistent
with the overall land use
plan of the LGU;
(b) Must be accessible
from major roadways or
thoroughfares;
(c) Should have an
adequate quantity of earth
cover material that is
easily handled and
compacted;
(d) Must be chosen with
regard for the sensitivities
of the community's
residents;
(e) Must be located in an
area where the landfill's
operation will not
detrimentally affect
environmentally sensitive
resources such as aquifer,
ESTABLISHMENT OF THE
SYSTEM (§ 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
national park, game
refuge, bird and wildlife
sanctuary, etc. before the
effectivity of this Act are
hereby designated as
initial components of the
System, to be governed by
existing laws, rules and
regulations, not
inconsistent with this Act
• Within 1 year from the
effectivity of this Act,
DENR shall submit to the
Congress a map and legal
descriptions or natural
boundaries of each
protected area initially
comprising the System
• Within 3 years from the
effectivity of this Act,
DENR shall study and
review each area
tentatively composing the
System as to its suitability
or non-suitability for
preservation as protected
area and inclusion in the
System according to the
categories established in §
3 hereof and report its
findings to the President
as soon as each study is
completed. The study must
include in each area:
(a) Forest occupants
survey
(b) Ethnographic study
(c) Protected area
resource profile
(d) Land use plans done in
coordination with the
respective Regional
Development Councils
(e) Such other background
studies as will be sufficient
ICC/IP, or (b) a majority of
the members of the ICC/IP,
filed with the NCIP
Step 2. Proof: sworn
testimony of elders or
community, and other
documents directly or
indirectly attesting to the
possession or occupation
of the area since time
immemorial in the concept
of owners
Step 3. Delineation Proper:
undertaken by the ADO,
with the involvement and
participation of the ICC/IP
concerned
Step 4. Maps (perimeter
map with technical
description and
description of natural
features): prepared by the
ADO
Step 5. Report of
Investigation and Other
Documents (copy of the
preliminary census):
prepared by the ADO
Step 6. Notice and
Publication: copy of each
document, including a
translation thereof in the
native language of the
ICC/IP concerned―posted
in a prominent place for at
least 15 days, and posted
at the NCIP office;
published in a newspaper
of general circulation once
a week for 2 weeks (if no
newspaper in the area,
radio broadcast, if no
newspaper and radio
station, posting sufficient)
Step 7. Endorsement to
NCIP: within 15 days after
publication, ADO shall―(a)
if proof sufficient, endorse
to NCIP; or (b) if not
sufficient, require
additional documents; or
(c) if patently false or
fraudulent, reject, such
rejection appealable to the
NCIP; or (d) if there are
19 | T R A X notes
with soil so highly erodible
as to make grass cover
inadequate for soil erosion
control;
(c) Brushlands or tracts of
forest lands generally
covered with brush, which
need to be developed to
increase their
productivity;
(d) Open tracts of forest
lands with slopes or
gradients generally
exceeding 50%,
interspersed with patches
of forest each of which is
less than 250 hectares in
area;
(e) Denuded or
inadequately-timbered
areas proclaimed by the
President as forest
reserves and reservations
as critical watersheds,
national parks, game
refuge, bird sanctuaries,
national shrines, national
historic sites;
(f) Inadequately-stocked
forest lands within forest
concessions;
(g) Portions of areas
covered by pasture leases
or permits having a slope
of at least 50%; and
(h) River banks,
easements, road rights-of-
ways, deltas, swamps,
former river beds, and
beaches.
• It shall be a condition for
the continued privilege to
harvest timber under any
license or license
agreement that the
licensee shall reforest all
the areas which shall be
determined by BFD (§ 27)
Forest Protection
• All measures shall be
taken to protect the forest
resources from
destruction, impairment
and depletion (§ 37)
requirements of the
environmental impact
statement system
• Except during the
exploration period of a
mineral agreement or an
FTAA, or an exploration
permit, an ECC shall be
required based on an
environmental impact
assessment and
procedures under the
Philippine Environmental
Impact Assessment System
SETTLEMENT OF
CONFLICTS
Panel of Arbitrators (§ 77)
• Exclusive and original
jurisdiction over:
(a) Disputes involving
rights to mining areas;
(b) Disputes involving
mineral agreements or
permits;
(c) Disputes involving
surface owners, occupants
and
claimholders/concessionai
res; and
(d) Disputes pending
before the Bureau and the
Department at the date of
the effectivity of this Act.
• Decision is appealable to
the MAB
Mines Adjudication Board
(MAB) (§ 79)
• Powers & Functions:
a. To promulgate rules and
regulations governing the
hearing and disposition of
cases before it;
b. To administer oaths,
summon the parties to a
controversy, issue
subpoenas, and to testify
in any investigation or
hearing conducted in
pursuance of this Act; and
c. To conduct hearings on
all matters within its
jurisdiction, and dismiss
the mining dispute as part
groundwater reservoir or
watershed area;
(f) Should be large enough
to accommodate the
community's wastes for a
period of 5 years during
which people must
internalize the value of
environmentally sound
and sustainable solid
waste disposal;
(g) Should facilitate
developing a landfill that
will satisfy budgetary
constraints, including site
development, operation
for many years, closure,
post-closure care and
possible remediation
costs;
(h) Operating plans must
include provisions for
coordinating with
recycling and resource
recovery projects; and
(i) Designation of a
separate containment area
for household hazardous
wastes.
Establishment (§ 41)
(a) Liners;
(b) Leachate collection and
treatment system;
(c) Gas control and
recovery system;
(d) Groundwater
monitoring well system;
(e) Cover:
(1) a daily cover; and
(2) a final cover, or cap;
(f) Closure procedure; and
(g) Post-closure care
procedure.
Operation (§ 42)
(a) Disposal site records
of, but not limited to:
(1) Records of weights or
volumes accepted in a
form and manner
approved by DENR;
(2) Records of excavations
which may affect the safe
and proper operation of
bases for selection
Procedure(§ 5)
Step 1. Notice and
Publication: DENR shall
notify public thru
publication in a newspaper
of general circulation in
the area in the vicinity of
the affected land 30 days
prior to public hearing
Step 2. Resource Persons:
at least 30 days prior to
the date of hearing, advise
all LGUs, nat’l agencies,
POs, NGOs, officials to
submit their views on the
proposed action at the
hearing not later than 30
days following the date of
hearing
Step 3. Public Hearing: to
be conducted at the
location nearest to the
area affected; DENR to give
due consideration to the
recommendation given
therein
Step 4. Presidential
Proclamation: upon
receipt of DENR’s
recommendations, Pres. to
issue a presidential proc.
designating the
recommended areas as
protected areas and
providing for measures for
their protection until such
time when Congress shall
have enacted a law finally
declaring such
recommended areas as
part of the NIPAS
Step 5. President’s
Recommendation: send to
Congress Pres.’s
recommendation with
respect to the designations
as protected areas or
reclassification of each
area on which review has
been completed, together
with maps and legal
description of boundaries
conflicting claims, have the
parties meet, and then
come to a preliminary
resolution
Step 8. Turnover of Areas
within Ancestral Domains
Managed by Other
Government Agencies:
Chairperson of NCIP shall
certify that an area is an
ancestral domain, then
notify all government
agencies claiming
jurisdiction over the area;
such notification shall
terminate jurisdiction of
such government agencies
Step 9. Issuance of CADT:
NCIP shall issue, in the
name of the community,
containing all those
identified in the census
Step 10. Registration of
CADT: NCIP shall register
the CADT with the RD of
the place where property
is situated
Ancestral Land
Step 1. Application:
individual and indigenous
corporate claimants of
ancestral lands not within
the ancestral domain, may
file with the ADO, by an
individual or by the head
of a family or clan
Step 2. Proof: sworn
testimony of elders or
community, and other
documents directly or
indirectly attesting to the
possession or occupation
of the area by the
individual or corporate
claimants since time
immemorial in the concept
of owners; ADO may
require the submission of
other documents to
support the claim
Step 3. Notice and
Publication: copy of each
document, including a
translation thereof in the
20 | T R A X notes
• In order to achieve the
effective protection of the
forest lands and the
resources thereof, the
utilization of timber
therein shall not be
allowed except through
license agreements under
which the holders thereof
shall have the exclusive
privilege to cut all the
allowable harvestable
timber in their respective
concessions, and the
additional right of
occupation, possession,
and control over the same,
to the exclusive of all
others, except the
government, but with the
corresponding obligation
to adopt all the protection
and conservation
measures to ensure the
continuity of the
productive condition of
said areas, conformably
with multiple use and
sustained yield
management (§ 38)
Special Uses
• Pasture in forest lands (§
54)
• Wildlife (§ 55)
• Recreation (§ 56)
• Other special uses:
establishment of sawmills,
lumber yards, timber
depots, logging camps,
rights-of-way, or for the
construction of sanatoria,
bathing establishments,
camps, salt works, or other
beneficial purposes which
do not in any way impair
the forest resources
therein (§ 57)
thereof, where it is trivial
or where further
proceedings by the Board
are not necessary or
desirable:
(1) To hold any person in
contempt; and
(2) To enjoin any or all
acts involving or arising
from any case pending
before it which, if not
restrained forthwith, may
cause grave or irreparable
damage to any of the
parties to the case or
seriously affect social and
economic stability.
• Decision is appealable to
the SC by way of petition
for review on certiorari
INCENTIVES
• Entitlement to the
applicable fiscal and non-
fiscal incentives as
provided for under the
Omnibus Investments
Code of 1987 (§ 90)
• Pollution control devices
acquired, constructed or
installed by the
contractors shall not be
considered as
improvements on the land
or building where they are
placed, and shall not be
subject to real property
and other taxes or
assessment (does not
include payment of mine
wastes and tailing fees) (§
91)
the site or cause damage to
adjoining properties;
(3) Daily log book or file of
the following information:
fires, landslides,
earthquake damage,
unusual and sudden
settlement, injury and
property damage,
accidents, explosions,
receipts or rejection of
unpermitted wastes,
flooding and other unusual
occurrences;
(4) Record of personnel
training; and
(5) Copy of written
notification to the DENR,
local health agency, and
fire authority of names,
addresses and telephone
numbers of the operator
or responsible party of the
site;
(b) Water quality
monitoring of surface and
ground waters and
effluent, and gas
emissions;
(c) Documentation of
approvals, determinations
and other requirements by
the Department;
(d) Signs:
(1) Each point of access
from a public road shall be
posted with an easily
visible sigh indicating the
facility name and other
pertinent information as
required by DENR;
(2) If the site is open to the
public, there shall be an
easily visible sign at the
primary entrance of the
site indicating the name of
the site operator, the
operator's telephone
number, and hours of
operation; an easily visible
sign at an appropriate
point shall indicate the
schedule of changes and
the general types of
materials which will either
native language of the
ICC/IP concerned―posted
in a prominent place for at
least 15 days, and posted
at the NCIP office;
published in a newspaper
of general circulation once
a week for 2 weeks (if no
newspaper in the area,
radio broadcast, if no
newspaper and radio
station, posting sufficient)
Step 4. Investigation:
within 15 days after
publication, ADO shall
investigate and inspect
each application―(a) if
meritorious, parcellary
survey of the area claimed;
or (b) if patently false or
fraudulent, reject, such
rejection appealable to the
NCIP; or (c) if there are
conflicting claims, have the
parties meet, and then
come to a preliminary
resolution
Step 5. Report: prepared
by the ADO, and submitted
to the NCIP
Step 6. Issuance of CALT:
upon evaluation of the
report, NCIP shall, if it
finds the claim to be
meritorious, issue a CALT
JURISDICTION AND
PROCEDURES FOR
ENFORCEMENT OF
RIGHTS
Step 1. Customary laws
and practices shall be used
to resolve the dispute (§
65)
Step 2. If not resolved,
certification shall be
issued by the Council of
Elders/Leaders who
participated in the attempt
to settle the dispute that
the same has not been
resolved (§ 66)
Step 3. File petition with
the NCIP, who has
jurisdiction over all claims
21 | T R A X notes
be accepted or not; and disputes involving
(3) If the site is open to the rights of ICCs/IPs through
public, there shall be an its regional offices (§ 66)
easily visible road sign Step 4. Decisions of the
and/or traffic control NCIP shall be appealable to
measures which direct the CA by way of a petition
traffic to the active face for review (§ 67)
and other areas where
wastes or recyclable
materials will be
deposited; and
(4) Additional signs
and/or measures may be
required at a disposal site
by the Department to
protect personnel and
public health and safety;
(e) Monitoring of quality of
surface, ground and
effluent waters, and gas
emissions;
(f) The site shall be
designed to discourage
unauthorized access by
persons and vehicles by
using a perimeter barrier
or topographic constraints.
(g) Roads within the
permitted facility
boundary shall be
designed to minimize the
generation of dust and the
tracking of material onto
adjacent public roads;
(h) Sanitary facilities
consisting of adequate
number of toilets and
handwashing facilities,
shall be available to
personnel at or in the
immediate vicinity of the
site;
(i) Safe and adequate
drinking water supply for
the site personnel shall be
available;
(j) The site shall have
communication facilities
available to site personnel
to allow quick response to
emergencies;
(k) Where operations are
conducted during hours of
darkness, the site and/or
equipment shall be
22 | T R A X notes
equipped with adequate
lighting;
(l) Operating and
maintenance personnel
shall wear and use
appropriate safety
equipment;
(m) Personnel assigned to
operate the site shall be
adequately trained in
subject pertinent to the
site operation and
maintenance, hazardous
materials recognition and
screening, and heavy
equipment operations;
(n) The site operator shall
provide adequate
supervision of a sufficient
number of qualified
personnel to ensure
proper operation of the
site in compliance with all
applicable laws,
regulations, permit
conditions and other
requirements;
(o) Any disposal site open
to the public shall have an
attendant present during
public operating hours or
the site shall be inspected
by the operator on a
regularly scheduled basis,
as determined by DENR;
(p) Unloading of solid
wastes shall be confined to
a small area as possible to
accommodate the number
of vehicles using the area
without resulting in traffic,
personnel, or public safety
hazards;
(q) Solid waste shall be
spread and compacted in
layers with repeated
passages of the landfill
equipment to minimize
voids within the cell and
maximize compaction;
(r) Covered surfaces of the
disposal area shall be
graded to promote lateral
runoff of precipitation and
to prevent pounding.
23 | T R A X notes

RESEARCH E-Vehicles in Manila
JURISPRUDENCE (1) MMDA v. JANCOM
Environmental Corp.: The
ban on incineration under
Sec. 20 of RA 8749 refers
only to those burning
processes which emit
poisonous and toxic fumes,
which means that not all
burning processes are
prohibited.
(2) Technology Developer’s
Inc v. CA: While it is true
that the matter of
determining whether
there is a pollution of the
environment that requires
action is essentially
addressed to the DENR-
EMB, it must be recognized
that the mayor of a town
has as much responsibility
to protect its inhabitants
from pollution, and by
virtue of his police power,
he may deny the
application for a permit to
operate a business or
otherwise close the same
unless appropriate
measures are taken to
control and/or avoid
injury to the health of the
residents of the
community from the
emissions in the operation
of the business
Marilao River
(1) MMDA v. Concerned
Residents of Manila Bay:
Mandamus lies to compel
the MMDA to clean or
rehabilitate Manila Bay.
(2) Alexandra
Condominium v. LLDA: RA
4850, specifically
mandating the LLDA to
carry out and make
effective the declared
national policy of
promoting and
accelerating the
development and balanced
growth of Laguna Lake,
empowers the LLDA to
compel petitioner to
control and abate its waste
effluents and impose fines
on the latter therefor.
(3) Ortigas & Co. v. Feati
Bank: A contract
restricting the use of a
building to only residential
purposes cannot prevail
over a municipal
resolution passed thru a
valid exercise of police
power, declaring an area
(where the buildings are
located) to be an industrial
and commercial zone
(4) Shell Pilipinas v. Jalos: A
service contract entered
Aquaculture in Taal Lake
(1) LLDA v. CA: The power
of the LLDA for effective
regulation and monitoring
activities in the
management of Laguna
Lake, an exercise of police
power, reigns supreme
over the power granted to
the local government units
under the LGC, the same
for mere revenue, and
therefore, the power to
issue permits and grant
privileges concerning
Laguna Lake rests with the
LLDA, to the exclusion of
LGUs.
(2) Roldan v. Arca: Search
and seizure without
warrant of vessels, which
is a traditional exception
of the warrant
requirement because of its
mobility to be moved out
of the locality, applies to
fishing vessels breaching
our fishery laws.
(3) Hizon v. CA: Search of
vessels and high-speed
boats are well within the
exceptions of the
constitutional requirement
of a search warrant, for
practicality, because of its
ability to elude the
authorities.
Baguio City Forest Reserve
(1) Ysmael v. Exec. Sec.:
Timber licenses, permits,
and license agreements
are not contracts within
the purview of the non-
impairment clause in the
Constitution.
(2) Yngson v. Sec. of
Agriculture and Natural
Resources: The Bureau of
Fisheries has no
jurisdiction to administer
and dispose of
swamplands or mangrove
lands forming part of the
public domain while such
lands are still classified as
forest land or timberland
and not released for
fishery or other purposes.
(3) Tan v. Dir. of Forestry:
While under the RAC,
timber licenses are to be
issued by the Dir. of
Forestry, still, since he is
under the authority of the
Sec. of Agriculture and
Natural Resources, the
latter has the authority to
revoke, on valid grounds,
timber licenses issued by
the former.
(4) Paat v. CA: Under Sec.
68-A of the DENR charter,
the Sec. and his duly
Quarrying in Norzagaray
(1) La Bugal-B’Laan Tribal
Assn. v. Ramos: Since
foreign corporations
cannot own, manage, or
participate in mining
agreements except to
render financial or
technical assistance, an
FTAA entered into by a
foreign corporation should
be limited to technical or
financial assistance only.
(2) Lepanto Consolidated
Mining Co. v. WMC
Resources: RA 7942,
requiring the approval of
the Pres. for the transfer or
assignment of an FTAA,
cannot be applied
retroactively to Columbio
FTAA (which was executed
prior to the effectivity of
the Act) as it would be
tantamount to a
substantial impairment of
an obligation under the
contract, and since
nowhere in the Act is it
stated that it can be
applied retroactively.
(3) Carpio v. Sulu
Resources Dev’t Corp.:
Decisions and final orders
of the Mines Adjudication
Board (MAB) are
appealable to the CA under
Grades shall be established
of sufficient slopes to
account for future
settlement of the fill
surface; and
(s) Cover material or
native material unsuitable
for cover, stockpiled on the
site for use or removal,
shall be placed so as not to
cause problems or
interfere with unloading,
spreading, compacting,
access, safety drainage, or
other operations.
San Mateo Sanitary
Landfill
(1) Prov. of Rizal v. Exec.
Sec.: Proc. 635, setting
aside parts of the Marikina
Watershed Reservation for
use as a sanitary landfill
and similar waste disposal
applications, is declared
illegal for, among others,
violating Sec. 40 of RA
9003, providing that the
site of landfills must be
located in an area where
the landfills operation will
not detrimentally affect
environmentally sensitive
resources such as aquifers,
groundwater reservoirs or
watershed areas.
Mt. Banahaw-San Cristobal
Protected Landscape
(1) PICOP Resources v. Base
Metals Minerals Resources:
Sec. 19(f) of RA 7586 does
not disallow mining
applications in all forest
reserves but only those
proclaimed as watershed
forest reserves.
Mampueng Tribe
(Olongapo City)
(1) Cruz v. Sec. of DENR:
Since the required
majority vote cannot be
obtained (7-7 [Buena, De
Leon, Gonzaga-Reyes,
Melo, Panganiban, Pardo,
and Vitug ― Davide, Jr.,
Bellosillo, Kapunan,
Mendoza, Puno,
Quisumbing, and
Santiago]), even after the
redeliberation, the
constitutionality of IPRA is
upheld.
(2) Atitiw v. Zamora: The
special provisions in the
GAA, as well as the IRR of
said special provisions,
providing the deactivation
of CAR bodies and the
reduction of its budgetary
allocation, did not have the
effect of abolishing the
CAR, only the
discontinuance of its
programs and activities.
(3) Acting Registrars v.
RTC: A decision, denying a
petition for reconstitution
of lost duplicate owner’s
copy because the mother
title has been duly
cancelled, is conclusive not
only as to the parties
therein but also as to the
existing status of the
24 | T R A X notes
(3) AC Enterprises v. into between petitioner authorized representatives Rule 43 of the 1997 ROC. property subject therein.
Frabelle Properties Corp.: and the government does (4) Comm. of Customs v. are given the authority to
The PAB has no primary not make petitioner an CA: The BOC, by virtue of confiscate and forfeit any
jurisdiction over the noise agent of the Republic of warrants of seizure and conveyances utilized in
of the blowers of the the Philippines, nor does it detention, may detain or violating the RFC, or other
airconditioning system extend unto it the State’s impound vessels violating forest laws, rules and
complained of, since the immunity from suit. rules and laws applicable, regulations.
case is more of an to the exclusion of any
abatement of a nuisance, courts which may take (5) Mustang Lumber v. CA:
cognizable under the RTC, jurisdiction. Lumber is a processed log
rather than a pollution or timber, and is thus not
case. excluded from the
coverage of Sec. 68 of the
RFC, on penalizing
possession thereof without
the required legal
documents.
CONSTITUTIONAL PROVISIONS/OTHERS
(1) Magallona v. Ermita: RA 9552, enacted to comply with UNCLOS III, which shortened 1 baseline, optimized the location of some basepoints around the archipelago, and classified adjacent territories (like the Kalayaan Island Group and
Scarborough Shoal) as regimes of islands whose islands generate their own applicable maritime zones, is constitutional, and in fact, increased the Philippines’ total marine space by 145,216 sq. nautical miles.

(2) Henares v. LTFRB: LTFRB and DOTC cannot be compelled to require PUVs to use CNG through mandamus, since the Constitution and the Clean Air Act are both general mandates that do not specifically prescribe the use of any kind of
fuel, particularly the use of CNG by public vehicles.

(3) Oposa v. Factoran, Jr.: Petitioners’ personality to sue in behalf of the succeeding generations can only be based on the concept of intergenerational responsibility (i.e., every generation has a responsibility to the next to preserve that
rhythm and harmony for full enjoyment of a balanced and healthful ecology) insofar as the right to a balanced and healthful ecology is concerned.

(4) Cariño v. Insular Gov’t: When, as far back as testimony or memory goes, the land has been held by individuals under a claim of private ownership, it will be presumed to have been held in the same way from before the Spanish conquest,
and never to have been public land (native title).

(5) SJS v. Atienza: Mandamus lies to compel a City Mayor to enforce an ordinance reclassifying an area from industrial to commercial and directing the owners and operators of businesses disallowed therein to cease and desist from
operating their businesses within 6 months from the date of effectivity of the ordinance

(6) Chavez v. PEA: A stipulation in a joint venture agreement that would transfer the subject reclaimed lands to a private corporation is void for being contrary to Sec. 3, Art. XII of the 1987 Constitution.

(7) Tano v. Socrates: Since one of the devolved powers of LGUs under the LGC is the enforcement of fishery laws in municipal waters, the ordinance banning the shipment of all live fish and lobster outside Puerto Prinsesa for 5 years and a
resolution prohibiting the catching, gathering, possessing, buying, selling, and shipment of several species of live marine coral-dwelling aquatic organisms for 5 years, are valid.

(8) Manila Prince Hotel v. GSIS: Art. XII, Sec. 10, par. 2 of the 1987 Constitution, providing for the preference to qualified Filipinos, in the grant of rights, privileges, and concessions covering the national economy and patrimony, is a self-
executing provision.

(9) Miner’s Association of the Philippines v. Factoran, Jr.: The State, in the exercise of its police power, may not be precluded by the constitutional restriction on non-impairment of contract from altering, modifying and amending the mining
leases or agreements granted.

(10) Alvarez v. PICOP Resources: Licenses concerning the harvesting of timber in the country's forests are but a mere privilege granted by the State, and cannot be considered contracts.

(11) Alcantara v. Commission on Settlement of Land Problems: The cancellation of an FLGLA that was granted in violation of Sec. 1 of PD No. 410 (which provides that all unappropriated agricultural lands forming part of the public domain
are declared part of the ancestral lands of the indigenous cultural groups occupying the same, and these lands are further declared alienable and disposable, to be distributed exclusively among the members of the indigenous cultural
group concerned) is proper.

(12) Cheesman v. IAC: A land sold to spouses where one is an alien cannot be held to be conjugal property, for to do so would be to give the alien spouse a substantial interest and right over the land which the Constitution prohibits him
from having.

(13) Corpuz v. Sps. Grospe: The voluntary surrender or waiver of land reform rights in favor of the Samahang Nayon is valid because such action is deemed a legally permissible conveyance in favor of the government, pursuant to PD 27,
which provides that title to land acquired pursuant to the land reform program shall not be transferrable except through hereditary succession or to the government.
25 | T R A X notes
(14) People v. Maceren: Fisheries Administrative Order No. 84-1, penalizing electro-fishing in fresh water fisheries, is void since the Sec. of Agriculture and Natural Resources is without authority to issue the same sans the express
prohibition of electro-fishing under the Fisheries Law (NOTE: the law has since been amended to penalize electro-fishing).
MIDTERMS
(1) Republic v. Lee: The bare assertion that respondent’s predecessors-in-interest had been in possession of the property for more than 20 years found in respondent’s declaration is hardly the “well-nigh incontrovertible” evidence
required in cases of this nature.

(2) Reynante v. CA: An accretion (by alluvion) to registered land does not preclude acquisition of the additional area by another person through acquisitive prescription, should the owner fail to register such within the period prescribed
by law.

(3) Sec. of DENR v. Yap: In keeping with the presumption of state ownership, there must be a positive act of the government, such as an official proclamation, declassifying inalienable public land into disposable land for agricultural or
other purposes before such land becomes alienable and disposable.

(4) Junio v. De los Santos: Resort to Sec. 110 (adverse claim) instead of Sec. 57 (annotation of transfer) of the Land Registration Act is proper where there is refusal to surrender the owner’s duplicate certificate.

(5) Vda. de Arceo v. CA: PD 1529 confers upon the trial courts the authority to act not only over applications for original registration, but also over all petitions filed after original registration of title, with power to hear and determine all
questions arising from such applications or petitions.

(6) Krivenko v. RD: An alien cannot acquire residential lands under the Constitution, since the prohibition therein (Sec. 1, Art. XIII, 1935 Constitution), is construed as including residential lands.

(7) Halili v. CA: A prior invalid transfer of land to an alien, contrary to Sec. 5, Art. XII of the 1987 Constitution, can no longer be assailed when the disputed land falls unto the hands of a qualified Filipino.

(8) De Castro v. Tan: A sale of land to an alien can no longer be annulled on the ground of a violation of the Constitution where the subject land has already become the property of a naturalized Filipino.

(9) Republic v. IAC: A conveyance of a residential land to an alien prior to his naturalization is valid upon his acquisition of Philippine citizenship.

(10) Republic v. Manna Properties: The non-compliance of the jurisdictional requirement for original registration on the conduct of hearing, which shall not be earlier than 45 days but not later than 90 days from the issue of order of the
initial hearing (Sec. 23 of PD 1529), attributable not the applicant but to the LRA, does not prejudice said applicant.

(11) Baranda v. Gustilo: The duty of an RD to annotate or annul a notice of lis pendens in a Torrens certificate of title is ministerial in nature.

(12) Almirol v. RD: The RD is entirely precluded by Sec. 4, RA 1151 from exercising his personal judgment and discretion when confronted with the problem of whether to register a deed or instrument on the ground that it is invalid, and
his recourse is merely to submit and certify the question to the Commissioner of Land Registration, who shall, after notice and hearing, enter an order prescribing the step to be taken on the question.

(13) Worcester v. Ocampo: Since under the Torrens system, a deed of transfer produces no effect except from the moment of registration (Sec. 51 of Art 496), a levy and sale by the sheriff, conducted after the execution of the deed of sale
but registered first, takes precedence over the latter.

(14) Sps. Vallido v. Sps. Pono: Although it is a recognized principle that a person dealing on a registered land need not go beyond its certificate of title, it is also firmly settled rule that where there are circumstances which would put a party
on guard and prompt him to investigate or inspect the property being sold to him, such as the presence of occupants/ tenants thereon, it is expected from the purchaser of a valued piece of land to inquire first into the status or nature of
possession of the occupants; and failure to do so would mean negligence on his part that would preclude him from invoking the rights of a purchaser in good faith.

(15) De Leon v. Ong: A buyer who was not aware of any interest in or a claim on the properties other than a mortgage which she undertook to assume is a buyer in good faith.

(16) Gustilo v. Maravilla: Since the Land Registration Act only protects the holder in good faith and cannot be used as a shield for frauds, a purchaser who was aware of the existence of a lease on the subject property is bound to respect the
same, notwithstanding the absence of annotation of such lease.

(17) Hernandez v. Vda. de Salas: Since registration is the operative act that gives validity to the transfer, or creates a lien on the land, and because a purchaser, on execution sale, is not required to go behind the registry to determine the
conditions of the property, a purchase made prior to the execution sale but was never registered must give way to the registered execution sale.

(18) Ruiz v. CA: Knowledge of a prior unregistered interest has the effect of registration.

(19) Bureau of Forestry v. CA: Classification or reclassification of public lands into alienable or disposable, mineral or forest lands is now a prerogative of the Executive Department of the government, through the Office of the President,
and not of the courts.

26 | T R A X notes