P.D. No. 1152 c.

Reviewing all existing rules and

regulations on the exploitation of
The Philippine Environmental Code fisheries and aquatic resources for the
(contained in Presidential Decree No. 1152) systematic and effective
The Philippine Environmental Code is a body enforcement.
of laws settling forth management policies
and prescribing quality standards for the
environment in its totality. It has declared
two-fold policies relative to our natural PRESIDENTIAL DECREE (PD) 705
resources:
(ON FOREST PROTECTION ILLEGAL LOGGING)
a. To manage these natural resources in Basic Forestry Law
order to obtain maximum benefits
therefrom; PRESIDENTIAL DECREE NO. 705 (May 19,
b. To conserve these natural resources 1975), or the Revised Forestry Code of the
for the future generations. Philippines as amended by P.D. No. 1559, P.D.
No. 865, P.D. No. 1775, Batas Pambansa (B.P.)
The scope of the natural resource Blg. 701, B.P. Blg. 83, Republic Act (R.A.) No.
management and conservation under the 7161, Executive Order (E.O.) No. 277 and 83
Environmental Code includes fisheries and O.G. No. 31
aquatic resources; wildlife; forestry and soil
Particularly on Chapter IV
conservation; flood control and natural
calamities; energy development; conservation
and utilization of surface and ground waters;
and mineral resources. The Philippine Criminal Offenses and Penalties
Environmental Code prescribes that the
Basic Forestry Law
government through the Ministry of Natural
Resources shall follow a system of wise and Thus, in Paat, we held that: precisely
prudent exploitation of its fisheries and because of the need to make forestry laws
aquatic resources in a manner as to ensure to more responsive to present situations and
the highest degree possible their continuous realities and in view of the urgency to
productivity. To this end, the government conserve the remaining resources of the
shall encourage maximum citizen country, that the government opted to add
participation. Section 68-A. This amendatory provision is an
administrative remedy totally separate and
Among the measures set forth by the distinct from criminal proceedings.
Environmental Code for the wise exploitation
of fisheries and aquatic resources are: Sec. 77 - Any person who shall cut, gather, collect,
remove timber or other forest products from any
a. Regulating the marketing of vanishing forestland, or timber from alienable or disposable
species of fish and other aquatic public land, or from private land without any
resources. This regulation shall authority, or possess timber or other forest
include in its scope both domestic and products without the legal documents as required
foreign marketing. under existing forest laws and regulations, shall
b. Conserving the threatened species be punished with the penalties imposed under
and other aquatic resources as well as Articles 309 and 310 of the Revised Penal Code.
sanctuaries for fish and other aquatic
life.
Important Definitions
TIMBER - refers to any piece of wood having an 2. Cutting, gathering, collecting, removing
average diameter of at least 15 centimeters and at timber from alienable or disposable public
least 1.5 meters long, except all mangrove species land, or from private land without any
which in all cases, shall be considered as timber authority
regardless of size
Elements:
FOREST PRODUCT - means timber, pulpwood,
firewood, bark, tree top, resin, gum, wood, oil, honey a) There must be cutting, gathering,
beeswax, nipa, rattan, or other forest growth such as collecting, or removing of timber
grass, shrub, and flowering plant, the associated b) The timber is cut, gathered, collected, or
water, fish, game, scenic, historical, recreational and removed from alienable or disposable
geologic resources in forest lands public land, or from private land
FORESTLAND, ALIENABLE and DISPOSABLE PUBLIC c) The cutting, gathering, collecting or
LAND, PRIVATE LAND removing is without authority
Refer to the classification of lands

Forestlands - lands subjected to the present land 3. Possession of timber or other forest products
classification system and determined as needed for without the legal documents as required
forest purposes and for proclamation as forest under existing forest laws and regulations
reserves; include the public forest, the permanent
forest or forest reserves, and forest reservations Elements:

Alienable & Disposable Public Land - refer to those a) Possession of timber or other forest
lands of the public domain which have been the products
subject of the present system of classification and
b) Without the legal documents as required
declared as not needed for forest purposes
under existing forest laws and regulations
Private Land Those which do not form part of the
Persons liable under Section 77:
public domain.
Cutter, Gatherer, Collector, Remover,
Possessor
Prohibited Acts: Section 77
In the case of partnerships, associations, or
1. Cutting, gathering, collecting, removing corporations: the officers who ordered the
timber or other forest products from any cutting, gathering, collection or possession
forestland without any authority

Elements:
Penalties: Section 77
a) There must be cutting, gathering,
Penalties shall be those imposed under Articles 309
collecting, or removing of timber or other
(Theft) and 310 (Qualified Theft) of the Revised Penal
forest products
Code:
b) The timber or forest product is cut,
The penalty depends on the value of the thing
gathered, collected, or removed from any
stolen --- from arresto menor to reclusion
forest land
temporal for theft and 2 degrees higher for
c) The cutting, gathering, collecting or qualified theft
removing is without authority
Penalties: Section 77

Graduation of penalties based on the value:

 pertinent laws, regulations or policies on the
matter
Confiscation
Jurisprudence
- Covers both the effects (forest products and the
conveyance Jurisprudence

Two Modes: FMB Technical Bulletin No. 7 Par. (C)

1. Judicial Confiscation; and Other Important Provisions

2. Administrative Sec. 78. Unlawful occupation or destruction of public

lands and grazing lands (without permit)
Sec. 77 (2) - The Court shall further order the
confiscation in favor of the government of the timber INSTITUTION OF CRIMINAL ACTIONS ON THE
or any forest products cut, gathered, collected, CONDUCT OF ARREST (Sec. 89)
removed, or possessed, as well as the machinery,
equipment, implements and tools illegally used in the
area where the timber or forest products are found.

Judicial Confiscation --- the Court where the case is Republic Act No. 7942
pending shall order the confiscation in favor of the
government of the following: (An Act Instituting A New System Of Mineral
Resources Exploration, Development, Utilization And
timber or any forest products cut, gathered, Conservation)
collected, removed, or possessed

machinery, equipment, implements and tools

illegally used in the area where the timber or Section 4. Ownership of Mineral Resources.
forest products are found Mineral

Confiscation - resources are owned by the State and the

exploration, development, utilization, and
Sec. 77-A. In all cases of violations of this Code or processing thereof shall be under its full
other forest laws, rules and regulations, the Dept. control and supervision. The State may
Head or his duly authorized representative, may order directly undertake such activities or it may
the confiscation of any forest products illegally cut, enter into mineral agreements with
gathered, removed or possessed or abandoned, and contractors.
all conveyances used either by land, water or air in
the commission of the offense and to dispose of the
same in accordance with pertinent laws, regulations
Section 5. Mineral Reservations. - When the national
or policies on the matter. (As added by EO No. 277)
- interest so requires, such as when there is a
Administrative Confiscation --- The DENR Head or his
need to preserve strategic raw materials for
duly authorized representative, may order the
industries critical to national development, or
confiscation of:
certain minerals for scientific, cultural or
any forest products illegally cut, gathered, ecological value, the President may establish
removed, or possessed or abandoned mineral reservations upon the
recommendation of the Director through the
all conveyances used either by land, water or Secretary.
air in the commission of the offense and to - Mining operations in existing mineral
dispose of the same in accordance with reservations and such other reservations as
may thereafter be established, shall be
 undertaken by the Department or through a Police, barangay, duly registered
contractor: Provided, That a small scale- nongovernmental organization (NGO) or any
mining cooperative covered by Republic Act qualified person to police all mining activities.
No. 7076 shall be given preferential right to
apply for a small-scale mining agreement for a
maximum aggregate area of twenty-five Section 16. Opening of Ancestral Lands for Mining
percent (25%) of such mineral reservation, - Operations. - No ancestral land shall be
subject to valid existing mining/quarrying opened for mining operations without the
rights as provided under Section 112 Chapter prior consent of the indigenous cultural
XX hereof. All submerged lands within the community concerned.
contiguous zone and in the exclusive
economic zone of the Philippines are hereby
declared to be mineral reservations.
Section 18. Areas Open to Mining Operations.

- Subject to any existing rights or reservations

Section 8. Authority of the Department. and prior agreements of all parties, all mineral
resources in public or private lands, including
- The Department shall be the primary agency timber or forestlands as defined in existing
responsible for the conservation, laws, shall be open to mineral agreements or
management, development, and proper use financial or technical assistance agreement
of the State's mineral resources including applications. Any conflict that may arise under
those in reservations, watershed areas, and this provision shall be heard and resolved by
lands of the public domain. The Secretary the panel of arbitrators.
shall have the authority to enter into mineral
agreements on behalf of the Government
upon the recommendation of the Director,
Section 19. Areas Closed to Mining Applications.
promulgate such rules and regulations as may
be necessary to implement the intent and - Mineral agreement or financial or technical
provisions of this Act. assistance agreement applications shall not
be allowed:
Section 9. Authority of the Bureau. (a) In military and other government
reservations, except upon prior written
- The Bureau shall have direct charge in the
clearance by the government agency
administration and disposition of mineral
concerned;
lands and mineral resources and shall
undertake geological,mining, metallurgical, (b) Near or under public or private buildings,
chemical, and other researches as well as cemeteries, archeological and historic sites,
geological and mineral exploration surveys. bridges, highways, waterways, railroads,
The Director shall recommend to the reservoirs, dams or other infrastructure
Secretary the granting of mineral agreements projects, public or private works including
to duly qualified persons and shall monitor plantations or valuable crops, except upon
the compliance by the contractor of the terms written consent of the government agency or
and conditions of the mineral agreements. private entity concerned;
- The Bureau may confiscate surety,
performance and guaranty bonds posted (c) In areas covered by valid and existing
through an order to be promulgated by the mining rights;
Director.
(d) In areas expressly prohibited by law;
- The Director may deputize, when necessary,
any member or unit of the Philippine National
 (e) In areas covered by small-scale miners as to the contractor the exclusive right to
defined by law unless with prior consent of conduct mining operations within a contract
the small-scale miners, in which case a royalty area and shares in the gross output. The
payment upon the utilization of minerals shall contractor shall provide the financing,
be agreed upon by the parties, said royalty technology, management and personnel
forming a trust fund for the socioeconomic necessary for the implementation of this
development of the community concerned; agreement.
and
(b) Co-production agreement - is an
(f) Old growth or virgin forests, proclaimed agreement between the Government and the
watershed forest reserves, wilderness area, contractor wherein the Government shall
mangrove forests, mossy forests, national provide inputs to the mining operations other
parks, provincial/municipal forests, parks, than the mineral resource.
greenbelts, game refuge and bird sanctuaries
as defined by law and in areas expressly (c) Joint-venture agreement - is an agreement
prohibited under the National Integrated where a joint-venture company is organized
by the Government and the contractor with
Protected
both parties having equity shares. Aside from
Area System (NIPAS) under Republic Act No. earnings in equity, the Government shall be
7586, entitled to a share in the gross output.

Department Administrative Order No. 25,

series of 1992 and other laws.
Section 32. Terms.

- Mineral agreements shall have a term not

Section 20. Exploration Permit. exceeding twenty-five (25) years to start from
the date of execution thereof, and renewable
- An exploration permit grants the right to for another term not exceeding twenty-five
conduct exploration for all minerals in (25) years under the same terms and
specified areas. The Bureau shall have the conditions thereof, without prejudice to
authority to grant an exploration permit to a changes mutually agreed upon by the parties.
qualified person. After the renewal period, the operation of the
mine may be undertaken by the Government
or through a contractor. The contract for the
Section 21. Terms and Conditions of the Exploration operation of a mine shall be awarded to the
Permit. highest bidder in a public bidding after due
publication of the notice thereof: Provided,
- An exploration permit shall be for a period of
That the contractor shall have the right to
two (2) years, subject to annual review and
equal the highest bid upon reimbursement of
relinquishment or renewal upon the
all reasonable expenses of the highest bidder.
recommendation of the Director.

Section 33. Eligibility.

Section 26. Modes of Mineral Agreement.
- Any qualified person with technical and
- For purposes of mining operations, a mineral
financial capability to undertake large-scale
agreement may take the following forms as
exploration, development, and utilization of
herein defined:
mineral resources in the Philippines may
(a) Mineral production sharing agreement - is enter into a financial or technical assistance
an agreement where the Government grants
 agreement directly with the Government practicable, said members shall come from
through the Department. the different bureaus of the Department in
the region.

The presiding officer thereof shall be

Section 36. Negotiations. selected by the drawing of lots. His
- A financial or technical assistance agreement tenure as presiding officer shall be on
shall be negotiated by the Department and a yearly basis. The members of the
executed and approved by the President. The panel shall perform their duties and
President shall notify Congress of all financial obligations in hearing and deciding
or technical assistance agreements within cases until their designation is
thirty (30) days from execution and approval withdrawn or revoked by the
thereof. Secretary. Within thirty (30) working
days, after the submission of the case
by the parties for decision, the panel
shall have exclusive and original
Section 38. Term of Financial or Technical Assistance
jurisdiction to hear and decide on the
- Agreement. - A financial or technical following:
assistance agreement shall have a term not
(a) Disputes involving rights to mining areas;
exceeding twenty-five (25) years to start from
the execution thereof, renewable for not (b) Disputes involving mineral agreements or
more than twenty-five (25) years under such permit;
terms and conditions as may be provided by
law. (c) Disputes involving surface owners,
occupants and claimholders/ concessionaires;
and

Section 42. Small-scale Mining (d) Disputes pending before the Bureau and
the Department at the date of the effectivity
- Small-scale mining shall continue to be
of this Act.
governed by Republic Act No. 7076 and other
pertinent laws.

Section 78. Appellate Jurisdiction.

CHAPTER XIII - The decision or order of the panel of

SETTLEMENT OF CONFLICTS arbitrators may be appealed by the party not
satisfied thereto to the Mines Adjudication
Section 77. Panel of Arbitrators
Board within fifteen (15) days from receipt
- There shall be a panel of arbitrators in the thereof which must decide the case within
regional office of the Department composed thirty (30) days from submission thereof for
of three (3) members, two (2) of whom must decision.
be members of the Philippine Bar in good
standing and one a licensed mining engineer
or a professional in a related field, and duly Section 79. Mines Adjudication Board. - The Mines
designated by the Secretary as recommended
by the Mines and Geosciences Bureau - Adjudication Board shall be composed of
Director. Those designated as members of the three (3) members. The Secretary shall be the
panel shall serve as such in addition to their chairman with the Director of the Mines and
work in the Department without receiving any Geosciences Bureau and the Undersecretary
additional compensation. As much as
 for Operations of the Department as RIGHTS also EMPOWER PEOPLE!
members thereof.
- A petition for review by certiorari and 1. The right to participate in the
question of law may be filed by the aggrieved formulation, planning,
party with the Supreme Court within thirty implementation and monitoring of
(30) days from receipt of the order or decision environmental policies and programs.
of the Board. 2. The right to participate in the
decision-making process concerning
development policies, plans and
programs.

Republic Act No. 8749

(Philippine Clear Air Act of 1999)
Air Pollutant and Air Pollution
What is R.A. 8749?
Air Pollutant - means any matter found in the
Known as "Philippine Clean Air Act of 1999." atmosphere other than oxygen, nitrogen,
water vapor, carbon dioxide, and the inert
An act providing for a comprehensive air
gases in their natural or normal
pollution control policy and for other
concentrations, that is detrimental to health
purposes.
or the environment
Contains 7 chapters and 56 sections
eg. Smoke, Dust, Soot, Cinders, Gases, Fumes,
Approved on June 23, 1999 Chemicals, Radioactive substance

The State shall protect and advance the right Air Pollution - means any alteration of the
of the people to a balanced and healthful physical, chemical and biological properties of
ecology by promoting and protecting the the atmospheric air which will render the air
environment resources of the country harmful,
detrimental, or injurious to public health,
The State recognizes the primary safety or welfare or which will adversely
responsibility of local government units in affect their utilization.
dealing with environmental problems.

The State also recognizes that the

responsibility of cleaning the habitat and Air Quality Monitoring and Information Network
environment is primarily area-based.
1. Annual National Air Quality Status Report:
The State also recognizes the principle that
- basis in formulating the Integrated
"polluters must pay".
Air Quality Improvement Framework
Finally, the State recognizes that a clean and
It shall include, but is not limited to the
healthy environment is for the good of all and
following:
should therefore be the concern of all
a) Extent of pollution in the country, per type
The State shall pursue a policy of balancing
of pollutant and per type of source
development and environmental protection.
b) Analysis and evaluation of the current
The right to breathe clean air
state, trends and projections of air pollution
The right to utilize and enjoy all natural at the various levels
resources
 c) Identification of critical areas, activities, or
projects which will need closer monitoring or
regulation Management of Non-attainment Areas

d) Recommendations for necessary executive areas where specific pollutants have already
and legislative action exceeded ambient standards.

e) Other pertinent qualitative and The Department shall prepare and implement
quantitative information concerning the a program that will prohibit new sources of
extent of air pollution and the air quality exceeded air pollutant without a
performance rating of industries in the corresponding reduction in existing sources.
country. It will also implement a program and other
The DENR, in cooperation with the National measures including relocation, whenever
necessary, to protect the health and welfare
Statistical Coordination Board(NSCB), shall
design and develop an information network of residents in the area.
for data storage, retrieval and exchange.

CLEAN AIR ACT

Integrated Air Quality Improvement Framework The department as well as the government
the official blueprint with which all agencies and the like should be updated on
the technology available regarding air quality
government agencies must comply with to
attain and maintain ambient air quality control, and accordingly, inform the public
standards. about it.

An updated and annual list of hazardous

pollutants with corresponding guideline
Air Quality Control Action Plan. values and its potential health risks should be
made available to the public
shall include control strategies and control
measures to be undertaken within a specified Emission charges shall be imposed to the
time period necessary for the effective control industries as well as private owners of
and abatement of air pollution. vehicles that emit pollutants, and thus
encourage them to help lessen the pollution

Funds collected from the emission charges,

Air Quality Control Action Plan. and also from donations, will then be used to
In addition to direct regulations, the plan shall finance the clean up operations
be characterized by a participatory approach The department, with the help from DOST
to the pollution problem. and private agencies, shall conduct research
on how to minimize and control air pollution

Airsheds

the designation of airsheds: The department has the authority to issue

permits to industries that may emit
- shall be on the basis of, but not limited to, areas pollutants, however, these permits will cover
with similar climate, meteorology and topology or the emission limitations for the regulated air
areas which share common interest or face similar pollutants
development programs, prospects or problems.
 The industries are required to have financial Unleaded gasoline fuel: antiknock
guarantee mechanisms for emergency index (AKI) of less than 87.5 and Reid
purposes; if and when they breach the vapor pressure of not more than 9 psi
agreement and cause harm to the
Aromatics more than 45% by volume
environment
and benzene more than 4% by
volume

The department is responsible for the review sulfur in excess of 0.20% by weight
and revision of emission standards with a cetane number or index of not
less than forty-eight (48)
Incineration is strictly prohibited
automotive diesel
Any new vehicles, imported or locally- sulfur in excess of 0.30% - commercial
assembled, as well as second-hand vehicles,
industrial diesel
will not be registered unless it complies to the
emission standards set by the department Fuels and Additives

Smoking in public places is strictly prohibited! Additives shall not in any way increase
emissions of any of the regulated gases
Fuels and Additives carbon monoxide, hydrocarbons and oxides of
nitrogen and particulate matter

Improvement of fuel composition for

increased efficiency and reduced emissions
Fuels and Additives
Department of Health (DOH) It is important to have all fuel or additives
Department of Environment and registered to the Department of energy prior
Natural Resources (DENR) to selling or import of such product

Bureau of Product Standards (BPS) of Whatever is written on the gasoline tank

the DTI should be followed to avoid misfuelling and
lead contamination, such as when leaded
DOST gasoline is introduced instead of unleaded
gasoline
representatives of the fuel and
automotive industries, academe and Department shall phase out ozone depleting
the consumers substance

Fuels and Additives PAGASA monitor and effectively guide air

pollution monitoring reduced greenhouse
DOE (Department of Energy)
gas emissions
Allowable content of additives
reduce and eliminate Persistent Organic
Based on threshold levels of health Pollutants (POPs) such as dioxins and furans
and research studies
Radioactive emissions should be regulated in
Limit content or begin phase-out of the interest of public health and welfare
additives
Institutional Mechanism
Fuels and Additives

Prohibitions:
 Department's Environmental Management A continuing air quality information and
Bureau (EMB) shall be converted from a staff education campaign shall be promoted by the
bureau to a line bureau Department, the Department of Education,
Culture and Sports (DECS), the Department of
Department should work with other the Interior and Local Government (DILG), the
government agencies, with affected Department of Agriculture (DA) and the
nongovernmental organizations (NGOs) or Philippine Information Agency (PIA)
people's organizations (POs), or private
enterprises Actions

Local government units (LGUs) shall share the Any person who has violated the standards,
responsibility in the management and rules and regulations of the act shall undergo
maintenance of air quality within their administrative proceedings.
territorial jurisdiction
any citizen may also file a civil, criminal or
Department should have a training program administrative suit against any person,
designed to teach LGUs to undertake full department or public officer.
administration of air quality management

There should be Environment and Natural

Resources Office in every province, city, or
municipality

Roles:

prepare comprehensive air quality

management programs, plans and
strategies

provide technical assistance and

support to the governor or mayor

take the lead in all efforts concerning

air quality protection and
rehabilitation

Institutional Mechanism

Roles:

recommend to the Board air quality

standards

coordinate with other government

agencies and non-governmental
organizations in the implementation
of measures to prevent and control
air pollution

It is important to have a Record-keeping,

Inspection, Monitoring and Entry by the

Department which should be readily available

to the public