Republic of the Philippines

MPSPC VISION Mountain Province State Polytechnic College

An internationally
recognized higher
Bontoc Campus
education institution for Criminology Department
cultural continuity and
innovations that Bontoc, Mountain Province
transforms lives and
fosters sustainable
development.

MPSPC MISSION

MPSPC shall pursue

responsive instruction
and innovation to A COMPILATION OF CYBERRIME LAWS AND
produce resilient and
productive citizens who ENVIRONMENTAL LAWS
promote
transformational
governance and By
contribute to
sustainable
development while
GROUP 6
rooted in their cultural
heritage.

DEPARTMENT GOAL

The ultimate goal of the

Criminology department
is to produce morally
upright, competent and
globally competitive
criminologists and
criminalists who will
deliver effective and
efficient community
services.
Name of Members:
DEPARTMENT
OBJECTIVES AGGALAO, RUBEN A.
1. Provide quality AGSISIYO, RONALD
instruction and guided
experience through KITONGAN, JEFF RHYZAL A.
which the students
learn the knowledge
SAIPEN, MELODY A.
relative to the practice SOLIMEN, MARVI K.
of criminology
profession.

2. Develop skills on the

practice of security
services, detection,
identification, and
investigation of law
violators.

3. Promote participative
and functional
networking for crime
prevention.

4. Provide the students

with a broad cultural
background and an
understanding of due
process requirements
on the total
administration of justice.
First Semester AY 2023-2024
5. Provide the students
with higher concept of
citizenry and leadership
towards fellowmen.

6. Encourage the
students to undertake
criminological
researches and
inquiries.
INTRODUCTION OF CYBERCRIME, GENERAL
CONCEPT OF CYBERCRIME AND
CYBERSPACE, NATURE OF CYBERCRIME,
HISTORICAL BACKGROUND OF CYBERCRIME
Introduction of Cybercrime
With the rapid development of this technology leads to the commission on cyber
space with emerging different types of new cybercrime today, which has also
been a topic of global interest in the future. In the cyber world era as computer
use became more widespread, the rise of technology also grew, and people
became more familiar with the word 'cyber.' The evolution of IT gives rise to the
"cyber space" in which internet provides all people with equal opportunities to
access information , analysis, data storage, etc. by using high technology. Such
offences are like the assault on people, companies, or governments' guarded
records. Such types of attacks don't exist on the physical body but on virtual
body, either personal or corporate. Technology has the communities, businesses
and individual’s life over the last two decades altering the way people study, work
and interacts with each other. People in different parts of the world can connect
on a range of devices, such as computers, cell phones or tablets in real time. A
text message, photo, video, or email exchanged by a single person can be seen by
hundreds users in a couple of seconds, and can go viral. The IT has now become
a modern tool for harassing, doing misconduct or bullying, manipulating and
harming others. Through a socio-cultural viewpoint, there is a negative
distinction between the limitations of machine criminal activity of environmental
(computer availability) and societal (norms, legislation) which is a direct
consequence of technology globalization. Despite having a major impact on daily
life through computers and the internet, the truth remains that only a small
percentage of people understand what the computer and the internet are all
about? Systematic analysis is required which discusses in detail the basic
concepts of cybercrime, cyber space and types of cybercrime.

General Concept of Cybercrime and Cyberspace

Concept of Cybercrime

The word 'Cyber,' whose usage became common in the 1980s, emerged many
decades earlier since Norbert Wiener coined the word 'cybernetics' in 1948 and
defined same as 'studying message as a method of controlling society. In reality,
the phrase 'cybercrime' is mostly used in knowledge society of the 21st Century,
and is created by combining two terms cyber and crime. The term cyber signifies
the cyber space, and it means the computer-modeled information space in which
there are different objects or information of symbols image exist. It is, therefore,
the place where computer programs operate and data processing takes place.
Cybercrimes are nothing but real-life crimes perpetuated in digital medium and
thus there is little distinction between the concept of a crime in the cyber world
and the real world. The only difference is medium of crime. Cybercrime is '
'transnational or international' – there is no border in cyber world. Computer
crime, cybercrime, electronic crime, e-crime or hi-tech crime typically refers to
illegal activity in which computer or network is source, device, target or crime
location as well as conventional crime through use of technology such as,
Internet fraud, child pornography. Broadly cybercrime means an act or omission,
which committed on through internet connectivity, maybe directly or indirectly,
this is forbidden by any statute, and for which corporal and/or monetary
punishment is given.

Concept of Cyberspace

William Gibson first used the phrase 'cyber space,' which he later defined as "an
evocative and essentially meaningless" buzzword that could act as a code for all
of his thoughts of cybernetic (transforming a text to hide its meaning). Now it's
used to explain anything related to computers, IT, the internet and the complex
culture of the internet. Also referred to as 'Cyber Space' is the cyber environment
in which all information technology Driven contact and actions take place.
Cyberspace cannot be placed spatially. It's made of intangible objects like the
website, forum, social networks, personal information, reputation and email
addresses. Cyber space can be called an online global community with quick
connectivity and no territorial barriers. Cyber space is the interactive system of
computer networks where online communication takes place between the people
and where people can communicate, exchange ideas, transfer knowledge, provide
social support, perform business, create artistic media, direct actions, participate
in political dialogue, etc. Cyberspace, the modern frontier, is mankind's shared
heritage, but sadly certain people exploit the common heritage and thus
cyberspace is indeed a new frontier with various forms of crime. Now it's used to
explain anything related to computers, IT, the internet and the complex culture
of the internet. The people participating in cyberspace are recognized as Netizens
by the fusion of two terms 'Net' and 'citizen.' Whereas Netizens implies any
person affiliated with the use of Internet, computers, IT Webster's Dictionary
explain the Cyberspace, it is the electronic structure of computer, bulletin board,
interlinked networks that is considered to be a boundless world providing access
to information, digital networking, and a type of virtual reality in science fiction.
Cyberspace means that “the notional environment in which electronic
communication occurs or virtual reality”. Randall Farmer and Chip Morningstar
defined cyberspace, by the involving social interactions than by its
implementation of technology.

Nature and Scope of Cyber Crime

Crime is a socially correlated phenomenon. No matter how much we try, we

cannot experience a society without cybercrime. In actual sense, when we are not
yet able to control the crime rate to the desirable minimum in the real world, how
would it be possible to curb the same in the virtual world, as the same is
comparatively more unreal, everlasting and legally less controllable. However
with the time, nature and scope and definition of crime changes in a given
society. Crimeless society is a myth and crime cannot be segregated from a
society. Thus the nature of the crime depends upon the nature of a society.
Complexity of the society determines the complexity of the crime that evolves’
around it. To understand the crime in a society, it is essential and crucial to
verify all the factors which influence and contribute to the crime. The socio-
economic and political structure of the society needs to understand the crime
and the recourse that may curb the same. The preventive and corrective
measures adopted by the machinery to control the crime and delinquent behavior
in the society are also taken into consideration while studying the nature and
scope of a crime.

The advancement of the technology has produced new socio-economic and

political problem in the society and instead of helping the state in controlling the
problem it has created new complex situation which is difficult to understand
and even more difficult to apply current law to face the situation. The state
machinery is not equipped with enough sources and knowledge to handle the
modern crime. Computers have transformed the modern society beyond
expectations in last three to four decades. It has made life not only convenient
but has also immensely helped different sections of the world come closer
socially, economically and culturally. The Computer technology has made it
possible to have access to all corners of the world while sitting in a room. Modern
technology has put an end to the barriers of time and space. However, unlikely
with the remarkable merits of having computers today, due to this the
jurisdictional issue has been created in legal system. Jurisdiction is one aspect
which is very difficult to determine in transnational transaction over the internet.
There was unmanageable ambiguity when courts were subjected to questions
pertaining to jurisdiction law and were unable to decide the proper forum to
entertain cases involving cyber crime as the cyberspace or virtual world is
borderless if we compare it with physical world and that is why it is very difficult
to control cybercrime. Through the local machinery we are not able to tackle the
problem related with cyber crime because our machinery is not compatible to
deal with transnational crimes. The law applicable to the territory is not
advanced enough to regulate the cyber crime as their nature is far different from
the existing crime. Thus, the global dimension of cyber crime is made it difficult
to handle and dealt with. The evolution of internet technology has given us so
many advantages to deal with future problems and grow with rapid rate but also
it has provided the scope for criminals to commit their crime with least chance of
detection. The cyberspace has proved a boon to the deviant behaviour in the
society. The concept of cyber crime has gained speed and we are facing great
threat of its impact on world society. The human society is become vulnerable to
cyber crime due to more and more dependence on technology.
Cybercrime becomes a global phenomenon and hence the nationwide
generalization of crime cannot workable in present scenario. Our understanding
and regulation of cyber crime cannot be national but has to be international. We
have to enact new laws and prepare preventive and defensive mechanism
globally, only then we can able to protect our society from this evil called ‘Cyber
Crime’.
Therefore, the threat of cyber terrorism throws serious challenge to world and its
agencies. The terrorist organizations using technology to spread hatred among
people and using it to recruit militants and train them using teaching tools. They
are also launching websites which show them how to use weapons make bombs
etc.

HISTORICAL BACKGROUND OF CYBERCRIME

In 1970, criminals break the telephone network by taking advantage of tone

frequencies used on telephone networks to make free calls over a long distance.
This attack was called phreaking, in which the attackers reverse-engineered the
telephone tone frequencies used by telephone companies.

In 1980, Robert Morris made a worm that caused huge destruction to the
organizations through the internet. There after this worm was named Morris
worm. The U.S. government estimated that the damage cost as high as
$10,000,000.
In 1989 criminals brought the first ransomware attack which was first targeted
the healthcare industries. Ransomware is a type of software that locks the user’s
data and files with a cryptographic key and to unlock that user’s data the user
must have to pay some ransom in exchange of unlocking the cryptographic key.

In the 1990s the web browser and email were in trend and new tools for
criminals to exploit. Web browser and email allowed to expand their reach. As a
result, cyber criminals started to transmit viruses over the internet, with
destructive results. Cyber criminals were able to reach people’s information from
distance with the help of phishing attacks. This attack was able to trick millions
of people simultaneously. Generally, this attack was used to make a lot of money

In 2000, social media brought the rise of identity theft. Due to this many
database were created by companies that are existing with millions of user’s
personal identities and these databases become means for criminals to commit
kinds of crimes. This attack was the new piggy bank for criminals across the
world. This attack commits all types of fraud such as the creation of social media
accounts, opening bank accounts and credit cards with other names.

PHILIPPINE SETTING;
In August of 2000 Onel de Guzman a Philippine dropout who created and
unleashed a dangerous virus called the I LOVE YOU costing companies,
governments, and citizens billions of US dollars in damages. In the same year
charges against him were dismissed as we had not yet passed legislation
addressing the crimes he had committed.

In 2011 56 cases of cybercrime was recorded by the Criminal Investigation and

Detection Group or CIDG. 357 foreigners from Taiwan and China were raided in
Quezon City, Marikina, Cainta, Manila and Antipolo suspected of cyber-fraud
wherein they made calls to China while pretending they are Chinese police.
They’re scheme was is to tell victims that their bank accounts are used by
finance terrorist and they would transfer the contents of the accounts to a more
secure account. Another phone call and internet fraud by a Taiwanese was
caught in Pampanga that also resembles the scheme of the previous case.
In November of 2012 Philippine police and the US Federal Bureau of
Investigation have arrested Filipino hackers who targeted customers of US
telecommunication giant AT&T. It was reported that the suspects were paid by a
militant group to divert money into it, the group is linked to Al-Qaeda.

CONCEPT OF CYBERCRIMINAL AND

CYBERCRIME NETWORK
REASON BEHIND CYBER CRIMES
TYPES OF CYBERCRIMES
PREVENTIVE MEASURES AGAINST
CYBERCRIMES
INTRODUCTION:
The term “cybercrime” in general refers to all the legal regulatory aspects of
internet. It means that anything concerned with, related to, or emanating from
any legal aspects or issues concerning any activity of netizens and others in
cyberspace comes within the ambit of cyber law. More specifically, cybercrime
can be defined as a law governing the use of computer and the internet.
Cybercrime
Cybercrime is defined as crimes committed on the internet using computer
as either a tool or targeted It is very difficult to classify crimes in general into
distinct groups as may as crimes evolve on a daily basis. Even in the real world,
crimes like rape, murder, or theft does not necessary be separate. However, all
cybercrimes involve both the computer and the person as victims.
Cybercriminal
Cybercriminals are individuals or teams of people who use technology to
commit malicious activities on digital system or networks with the intention of
stealing or personal data, and generating profit. They are known to access the
cybercriminal underground markets found in the deep web to trade malicious
goods and services such as hacking tools and stolen data.
Criminals who perform these illegal activities through the internet are
called hackers.

Reason Behind Cyber crimes

 EASY TO ACCESS
The problem behind safeguarding a computer system from unauthorized
access is that there are many possibilities of breach due to complex
technology.
 CAPACITY TO SHARE DATA IN COMPARATIVELY SMALL SPACE
The computer has the unique characteristic of storing data in a very small
space.
 COMPEX
The computers run on operating systems and these operations systems are
programmed with millions of codes.
 NEGLIGENCE
 One of the characteristics of human conduct. It has a possibility that in
protecting the computer system, we make any negligence that provides
cybercriminal access and control over the computer evidence.

Main 2 Types of cybercrimes

1. Targeting computer
This type of cybercrime includes every possible way that can lead to harm a
computer device for example malware of or denial of service attack.
2. Using computer
This type of computer includes the usage of computer to do all the
classification of computer crime.
Most common type of cybercrimes
 Phishing and scam
This is type of social engineering attack that that targets the user and tricks
them by sending fake massages and emails to get sensitive information about the
user or trying to download malicious software and exploit it on the target system.
 Identity theft
This occurs when a cybercriminal uses another person’s personal data like
credit card numbers of personal pictures without their permission to commit a
fraud or a crime.
 Ransomware Attack
It is a type of malware that has the capability to prevent users from accessing
all of their personal data on the system by encrypting them and then asking for a
ransom in order to give access to the encrypted data.
 Hacking/Misusing Computer Networks
This term refers to the crime of unauthorized access to private computers or
networks and misuse of it either by shutting it down or tempering with the data
stored or other illegal approaches.
 Internet Fraud
It is a type of cybercrime that makes use of the internet and it can be
considered a general term that groups all of the crime that happen over the
internet like the spam, banking frauds, theft of service, etc
Other types of cybercrimes
 Cyber bullying
This is known as cyber bullying and it includes sending or sharing harmful and
humiliating content about someone else which causes embarrassment and can
be a reason for the occurrence of psychological problem.
 Cyber Stalking
It is defined as unwanted persistent content from someone targeting other
individuals online with the aim of controlling and intimidating like unwanted
continued calls and massages.
 Software Piracy
The illegal use or copy of paid software with violation of copyright or license
restriction.
 Social Media Frauds
The use of social media fake accounts to perform any kind of harmful activities
like impersonating other users or sending intimidating or threatening messages,
and one of the easiest and most common social media frauds is email spam.
 Online Drug Trafficking
With the big rise of cryptocurrency technology, it become easy to transfer money
in secured private way and complete drug deals without drawing the attention of
law enforcement and, this led to a rise in drug marketing on the internet.
 Electronic Money Laundering
Known as transaction laundering and it is based on known known companies
or online business that make approvable payment method and credit card
transaction but incomplete or inconsistent payment information for buying
unknown product.
 Cyber Extortion
The demand for money by cybercriminals to give back some important data
they’ve stolen or stop doing malicious activities such as denial of service attacks.
 Intellectual-property Infringement
It is the violation or breach of any protected intellectual-property rights such
as copyright and industrial design
 Online Recruitment Fraud
One of the less common cybercrimes that are also growing to become more
popular is the fake job opportunities released by fake companies for the purpose
of obtaining a financial benefit from applicants or even making use of their
personal data.

Preventive Measures Against Cybercrimes

1.Use a full-service internet security suite
It’s a good idea to consider trusted security software like Norton 360 with
LifeLock Select, which provides all-in-one protection for your devices, online
privacy, and identity, and helps protect your private and financial information
when you go online.
2. Use strong passwords
Don’t repeat your passwords on different sites, and change your passwords
regularly. Make them complex. That means using a combination of at least 10
letters, numbers, and symbols. A password management application can help
you to keep your passwords locked down.
3. Keep your software updated
This is especially important with your operating systems and internet
security software. Cybercriminals frequently use known exploits, or flaws, in your
software to gain access to your system. Patching those exploits and flaws can
make it less likely that you’ll become a cybercrime target.
4. Manage your social media settings
Keep your personal and private information locked down. Social
engineering cybercriminals can often get your personal information with just a
few data points, so the less you share publicly, the better. For instance, if you
post your pet’s name or reveal your mother’s maiden name, you might expose the
answers to two common security questions.
5. Strengthen your home network
It’s a good idea to start with a strong encryption password as well as a
virtual private network. A VPN will encrypt all traffic leaving your devices until it
arrives at its destination. If cybercriminals do manage to hack your
communication line, they won’t intercept anything but encrypted data. It’s a good
idea to use a VPN whenever you a public Wi-Fi network, whether it’s in a library,
café, hotel, or airport.
6. Talk to your children about the internet
You can teach your kids about acceptable use of the internet without
shutting down communication channels. Make sure they know that they can
come to you if they’re experiencing any kind of online harassment, stalking, or
bullying.
7. Keep up to date on major security breaches
If you do business with a merchant or have an account on a website that’s
been impacted by a security breach, find out what information the hackers
accessed and change your password immediately.
8. Take measures to help protect yourself against identity theft
Identity theft occurs when someone wrongfully obtains your personal data
in a way that involves fraud or deception, typically for economic gain. How? You
might be tricked into giving personal information over the internet, for instance,
or a thief might steal your mail to access account information. That’s why it’s
important to guard your personal data. A VPN — short for virtual private network
— can also help to protect the data you send and receive online, especially when
accessing the internet on public Wi-Fi.
9. Know that identity theft can happen anywhere
It’s smart to know how to protect your identity even when traveling. There
are a lot of things you can do to help keep criminals from getting your private
information on the road. These include keeping your travel plans off social media
and being using a VPN when accessing the internet over your hotel’s Wi-Fi
network.
10. Keep an eye on the kids
Just like you’ll want to talk to your kids about the internet, you’ll also want
to help protect them against identity theft. Identity thieves often target children
because their Social Security number and credit histories frequently represent a
clean slate. You can help guard against identity theft by being careful when
sharing your child’s personal information. It’s also smart to know what to look for
that might suggest your child’s identity has been compromised.
11. Know what to do if you become a victim
If you believe that you’ve become a victim of a cybercrime, you need to alert
the local police and, in some cases, the FBI and the Federal Trade Commission.
This is important even if the crime seems minor. Your report may assist
authorities in their investigations or may help to thwart criminals from taking
advantage of other people in the future. If you think cybercriminals have stolen
your identity. These are among the steps you should consider.

OVERVIEW OF THE LAW

REPUBLIC ACT NO. 10175
Illegal Access
Illegal Interception
Data Interference
System Interference
INTRODUCTION
In this digital age, where technology plays a vital role in our daily lives, it is
crucial to have laws that protect individuals and organizations from
cybercrimes. Cybercrime refers to criminal activities that involve computers,
networks, and digital technology. These illicit actions can encompass a wide
range of activities, including hacking, identity theft, online fraud, spreading
malware, phishing, and more. Cybercrimes exploit vulnerabilities in digital
systems to gain unauthorized access, steal sensitive information, disrupt
services, or commit fraudulent acts.
The Republic Act 10175, also known as the “Cybercrime Prevention Act
of 2012”, is a landmark legislation in the Philippines that aims to safeguard
against various forms of cyber threats and offenses. It is an act defining
cybercrime, providing for the prevention, investigation, suppression, and
imposition of penalties therefor and for other purposes.
Republic Act No. 10175 is a comprehensive law that addresses a wide
range of cybercrimes and provides legal measures to combat them. It recognizes
the importance of protecting the integrity, confidentiality, and availability of
computer systems, networks, and data. The law not only focuses on preventing
cybercrimes but also emphasizes the investigation, prosecution, and punishment
of those who engage in such activities.
On September 12, 2012, the Philippine Congress passed Republic Act No.
10175, often known as the "Cybercrime Prevention Act of 2012," which addresses
all offenses committed against and through computer systems. It contains
punitive substantive rules, procedural regulations, and international cooperation
rules
Offenses against the confidentiality, integrity and availability of computer
data and systems:

1. ILLEGAL ACCESS - refers to the access to the whole or any part of a

computer system without right. It is also referring to unauthorized entry
into a computer system or network without permission from the owner or
administrator. It involves bypassing security measures or exploiting
vulnerabilities to gain access to sensitive information or resources. Illegal
access can lead to data breaches, identity theft, and other malicious
activities.
● The perspective implications of Illegal access:
1. Legal Consequences
- RA 10175 classifies illegal access as a cybercrime offense. Individuals
found guilty of illegal access can face criminal charges, including
imprisonment and fines. This serves as a deterrent to potential
cybercriminals.
2. Preservation of Privacy
- Illegal access often involves unauthorized intrusions into personal or
sensitive information. RA 10175 helps preserve the privacy of
individuals and organizations by prohibiting such activities and
providing a legal framework for prosecuting those who violate privacy.
3. Cybersecurity Awareness
- The inclusions of illegal access in RA 10175 raises awareness about
cybersecurity issues. It emphasizes the importance of secure access
control and authentication practices, prompting individuals and
business to adopt better security measures.
Illegal access under RA 10175 has several implications, including legal
consequences of offenders, preservation of privacy, increased cybersecurity
awareness, and international cooperation in combating cyber threats. However, it
also raises related to privacy, enforcement challenges, and the need for ongoing
education in the field of cybersecurity.
2. ILLEGAL INTERCEPTION
- The interception made by technical means without right of any non-
public transmission of computer data to, form, or within a computer
system including electromagnetic emissions from a computer system
carrying such computer data. Illegal interception poses a significant
threat to privacy and confidentiality.
- Unauthorized access to a data.
- It protects the privacy of non-public computer data transmission s from
monitoring and recording.
Example: illegal copying of programs and data files

● The perspective implications of Illegal Interception:

1. Privacy Violation
- This violates upon an individual’s right to privacy. It involves the
unauthorized monitoring or interception of private communications,
such as emails, messages or phone calls, which is a breach of personal
privacy.
 - It represents a serious breach of personal privacy and legal boundaries.
They have far-reaching consequences for individuals, organizations, and
even nations, highlighting the critical importance of upholding privacy
rights and enforcing cybersecurity measures to prevent such violations.
2. Protective of Sensitive Information
- Illegal interceptions can compromise sensitive and confidential
information, including personal data and trade secrets. RA 10175 aims
to protect such information from unauthorized access and disclosure.

3. DATA INTERFERENCE (vandalism) - the intentional or reckless

alteration, damaging, deletion, or deterioration of computer data, electronic
document, or electronic data message, without right, including the
introduction or transmission of viruses. It also refers to any unauthorized
alteration, deletion, damaging, or suppression of computer data. It includes
actions that disrupt or impair the integrity, availability, or reputational
harm to individuals or organizations.
It includes inputting of malicious codes that can threaten the integrity or use of
data or programs.
● The perspective implications of Data Interference:
1. Data Security and Privacy Concerns
- Data interference can involve unauthorized access, alteration, or
interference with computer data or systems. This raises significant data security
and privacy concerns. Individuals and organizations may worry about the safety
of their sensitive information and whether it can be compromised by malicious
actors. Ensuring data security becomes a top priority.
2. Financial and Reputation Damage
- Can lead to financial losses and damage to the reputation of individuals
or organizations. When data in tempered with or stolen, it can result in financial
fraud, identity theft, or corporate espionage. This can have far-reaching
consequences, including financial harm and a loss of trust among customers,
partners, and stakeholders.
3. Legal Consequences
- Republic Act 10175 provides a legal framework for addressing data
interference activities may face legal repercussions. Penalties can include
imprisonment and fines, which serve as a deterrent to prevent such activities and
promote compliance with the law.
For example, viruses that interfere with the data.
These three common implications highlight the importance of safeguarding data,
both for individuals and organizations, and the legal mechanism in place to
address data interference.

4. SYSTEM INTERFERENCE - the intentional or alteration or reckless

hindering or interference with the functioning of a computer or computer
network by inputting, transmitting, damaging, deleting, deteriorating,
altering or suppressing computer data or programs, electronic document,
or electronic data message, without right or authority, including the
introduction or transmission of viruses. It can also result in significant
 financial losses for businesses and organizations and disrupt essential
services. RA 10175 aims to deter such activities by imposing penalties on
those who engage in system interference.
For example, denial of service and other attacks, viruses that stop or slow
computer system and etc. A DoS attack is a cyberattack that makes a
computer or other device unavailable to its intended users. This is usually
accomplished by overwhelming the targeted machine with requests unit normal
traffic can no longer be processed. With a DoS attack, a single computer
launches the attack.

 Targets might include email, online banking, websites, or any other

services relying on a targeted network or computer.
 In email, a mail bomb is a form of a denial-of-service (DoS) attack designed
to overwhelm an inbox or inhibit a server by sending a massive number of
emails to a specific person or system. The aim is to fill up the recipient’s
disk space on the server or overload a server to stop it from functioning.
* The sign of a DoS attack can be observed by any network user. Common
indicators include: Slow network performance for common task, such as
downloading/uploading files, logging into an account, accessing a website or
steaming audio or video content.

● The perspective implications of System Interference:

1. Data Protection
- By criminalizing system interference, the law promotes the
protection of data and sensitive information stored on computer systems. This
helps safeguard both personal and business data from malicious tampering.
2. Legal Framework for Prosecution
- The law provides a legal framework for the investigation and
prosecution of individuals or entitles engaged in system interference. This
facilitates the enforcement of cybercrime laws and helps bring offenders to
justice.
3. Preventing Malicious Attacks
- The law discourages malicious cyberattacks that can lead to
financial losses, data breaches, and service disruptions. This contributes to a
safer and more secure digital environment. On addition, unauthorized hindering
or interference with the functioning of a computer or computer network by
inputting, transmitting, damaging, deleting, deteriorating, altering or suppressing
computer data or program, electronic document data messages, and including
the introduction or transmission of viruses. Authorized action can be covered by
this provision if the action of the person went beyond agreed scope resulting to
damages stated in this provision.

The Penalties and legal consequences associated with offenses under RA

10175
Penalties. — Any person found guilty of any of the punishable acts enumerated
in Sections 4(a) and 4(b) of this Act shall be punished with imprisonment
of prison mayor or a fine of at least Two hundred thousand pesos (PhP200,
000.00) up to a maximum amount commensurate to the damage incurred or
both.
1. Any person found guilty of the punishable act under Section 4(a) (5) shall
be punished with imprisonment of prision mayor or a fine of not more
than five hundred thousand pesos (PhP500, 000.00) or both.
2. If punishable acts in Section 4(a) are committed against critical
infrastructure, the penalty of reclusion temporal or a fine of at least
Five hundred thousand pesos (PhP500, 000.00) up to maximum
amount commensurate to the damage incurred or both, shall be
imposed.
3. Any person found guilty of any of the punishable acts enumerated in
Section 4(c)(1) of this Act shall be punished with imprisonment
of prision mayor or a fine of at least Two hundred thousand pesos
(PhP200,000.00) but not exceeding One million pesos
(PhPl,000,000.00) or both.
4. Any person found guilty of any of the punishable acts enumerated in
Section 4(c) (2) of this Act shall be punished with the penalties as
enumerated in Republic Act No. 9775 or the “Anti-Child Pornography Act of
2009: Provided, That the penalty to be imposed shall be one (1) degree
higher than that provided for in Republic Act No. 9775, if committed through
a computer system.
5. Any person found guilty of any of the punishable acts enumerated in
Section 4(c)(3) shall be punished with imprisonment of arresto mayor or
a fine of at least Fifty thousand pesos (PhP50,000.00) but not
exceeding Two hundred fifty thousand pesos (PhP250,000.00) or both.
6. Any person found guilty of any of the punishable acts enumerated in
Section 5 shall be punished with imprisonment one (1) degree lower
than that of the prescribed penalty for the offense or a fine of at
least One hundred thousand pesos (PhPl00,000.00) but not exceeding
Five hundred thousand pesos (PhP500,000.00) or both.
 MISUSE OF DEVICES
CYBERSQUATTING
COMPUTER RELATED OFFENSES
COMPUTER RELATED FORGERY
COMPUTER RELATED IDENTITY THEFT
Device: a thing made or adapted for a particular purpose, especially a piece of
mechanical or electronic equipment.
Misuse of Devices
 This is done when without right and with the intent that a device be used
for the purpose of committing the criminal offense of illegal access to a
computer system. Misuse of Devices occurs when there is a use,
production, sale, procurement, importation, distribution, or otherwise
making available, without right, of a device or a computer password and
similar data.
Under Republic Act No. 10175
 an act defining cybercrime, providing for the prevention, investigation,
suppression and the imposition of penalties therefor and for other
purposes.
Under Chapter 2 Section 4 of R.A No. 10175
Cybercrime Offenses
Offenses against the confidentiality, integrity and availability of computer data
and systems, defines misuse of devices as:
(i) The use, production, sale, procurement, importation, distribution, or
otherwise making available, without right, of:
(aa) A device, including a computer program, designed or adapted primarily for
the purpose of committing any of the offenses under this Act; or
(bb) A computer password, access code, or similar data by which the whole or
any part of a computer system is capable of being accessed with intent that it be
used for the purpose of committing any of the offenses under this Act.
(ii) The possession of an item referred to in paragraphs 5(i)(aa) or (bb) above with
intent to use said devices for the purpose of committing any of the offenses under
this section.
Also, under R.A. 10175 on cybercrime offenses, it defines Cybersquatting as:
CYBER-SQUATTING
 The acquisition of a domain name over the internet in bad faith to profit,
mislead, destroy reputation, and deprive others from registering the same,
if such a domain name is:
(i) Similar, identical, or confusingly similar to an existing trademark registered
with the appropriate government agency at the time of the domain name
registration:
(ii) Identical or in any way similar with the name of a person other than the
registrant, in case of a personal name; and
(iii) Acquired without right or with intellectual property interests in it.
Cybersquatting is a form of cybercrime where the perpetrator buys or registers
a domain name that is identical or similar to existing domain with the intention
of profiting from a recognizable trademark, company name, or personal name.
TYPES OF CYBERSQUATTING
1. Typo squatting- intentionally misspelled domain names that mimic well-
known sites or brand names
Examples:
 Googgle.com instead of Google.com.
 tailspintoy.com instead of tailspintoys.com (note the missing "s")
 Yajoo.com instead of Yahoo.com
 Fxnews.com instead of Foxnews.com
 ABCnewss.com instead of ABCnews.com
2. Identity theft-stealing a company’s digital identity by creating a similar
domain
Examples:
 A thief could buy your Social Security number (SSN) on the Dark
Web for as little as $2. With it, they can apply for a new credit card
or open loans in your name, and leave you fronting the bill.
 Suppose your company just announced a joint venture with another
organization and you have not purchased a URL yet. Your company’s
name is Sky Computing, and the company you are joining forces
with is Reach Digital. You send out a press release, stating that the
name of the joint venture will be Sky Reach. A cybersquatter
wanting to take advantage of this “opportunity” can then hop online
and register “skyreach.com.” When you register the URL you want,
you see that it is already taken. This is illegal, and through the legal
process, you can have the domain “skyreach.com” transferred to
either your company, the partner company, or the joint venture.
3. Name Jacking- using the personal name of someone of significance to
create a fake website.
Examples:
 Name jacking can also occur on social media. Even without a
registered domain name, creating a profile that represents a celebrity
or well-known person may be considered cybersquatting. Given the
abundance of fan sites now online, this is a gray area. However, if
the website starts selling goods that violate the victim’s trademark or
without proper licensing, that can help build the case for
cybersquatting.
  Creating online selling site using famous icon in order to generate
more sales e.g. StephenCurryshoes.com to sell imitated basketball
shoes or Catrionagowns.com to lure the people to patronize your
faux gowns.

4. Reverse Cybersquatting- also known as reverse domain name hijacking

where cybercriminals take advantage of the existing legal framework to
facilitate their domain squatting
Examples:
 Suppose you registered a URL, IndustrialChemicals.com. Someone
can start a business, name it Industrial Chemicals, and then claim
that you are cybersquatting using their business name.
 The cybersquatter will first choose a specific existing website to
target, for example, InfinityFinance.com. Then, they will register a
business with the same name, such as Infinity Finance Ltd. Once
all of this is in order, they will then claim that the legitimate owner is
web squatting using the business name that they own and use the
law—like the ACPA—to try and gain control of the website in
question.
HOW TO PREVENT CYBERSQUATTING
1. Register the business name
2. Buy variations of the websites address
3. Communicate with the owner of the cybersquatting site
HOW CAN WEBSITE VISITORS AVOID CYBERSQUATTERS?
1. Verify the web address
2. Type the URL
3. Check the website’s appearance and functionality
4. Look for indications of weak security
5. Avoid opening suspicious emails and links
6. Keep operating systems and applications up to date
7. Install internet security software
PENALTY:
Imprisonment of prision mayor, or a fine of at least Two Hundred Thousand
Pesos (P200,000.00) up to a maximum amount commensurate to the damage
incurred, or both.

Computer crime is generally referring to any illegal act involving a

computer thus any computer related offenses are those offenses done with the
use of computers. Also, under Computer Related Offenses there are three
offenses enumerated under R.A. 10175, the computer related theft, forgery and
fraud.
COMPUTER RELATED OFFENSES
 These are Cyber-enabled crimes committed "for personal or financial gain
or harm" (UNODC, 2013, p. 16). The cybercrimes included under this
category "focus on acts for which the use of a computer system [or digital
 device] is inherent to the modus operandi" of the criminal (UNODC, 2013,
p. 17).
 any illegal act committed by application of computer technologies or usage
of such technologies as a means in the commission of the offence.
R.A. No. 10175: The Cybercrime Prevention Act: The Net Commandments
It includes:
1. Computer-related forgery
2. Computer-related Fraud
3. Computer-related Identity Theft

1. COMPUTER-RELATED FORGERY
 (i) The input, alteration, or deletion of any computer data without right
resulting in inauthentic data with the intent that it be considered or acted
upon for legal purposes as if it were authentic, regardless whether or not
the data is directly readable and intelligible; or
 (ii) The act of knowingly using computer data which is the product of
computer-related forgery as defined herein, for the purpose of perpetuating
a fraudulent or dishonest design.
It involves impersonation of legitimate individuals, authorities, agencies, and
other entities online for fraudulent purposes.
Computer-related forgery involves impersonation of legitimate individuals,
authorities, agencies, and other entities online for fraudulent purposes.
Cybercriminals can impersonate people from legitimate organizations and
agencies in order to trick them into revealing personal information and providing
the offenders with money, goods and/or services. The email sender pretends to
be from a legitimate organization or agency in an attempt to get users to trust the
content and follow the instructions of the email. Either the email is sent from a
spoofed email address (designed to look like an authentic email from the
organization or agency) or from a domain name similar to the legitimate
organization or agency (with a few minor variations).
A common technique used is the sending of an email to targets with a website
link for users to click on, which might either download malware onto the users'
digital devices or sends users to a malicious website that is designed to steal
users' credentials (phishing). The "spoofed" website (or pharmed website) looks
like the organization's and/or agency's website and prompts the user to input
login credentials. The email provides different prompts to elicit fear, panic and/or
a sense of urgency in order to get the user to respond to the email (and complete
the tasks requested in the email) as soon as possible, such as the need to update
personal information to receive funds or other benefits, warnings of fraudulent
activity on the user's account, and other events requiring the target's immediate
attention.
Tactics used by the cybercriminals in committing computer related forgery
1. Phishing-sending of emails to targets with a website link for users to click
on.
Example: Email account password scam- it can appear to come from trusted
email provider like Microsoft and Google.
 2. Spear phishing- the email is sent all together to catch as many victims as
possible.
Example: An attacker tried to target an employee of a certain media company
using spear phishing. The attacker claimed that the victim needed to sign a new
employee handbook using the link that was provided.

3. Whaling – cybercriminals pretending to be a higher-level executive in a

company in order to trick employees.
Example: Intercepting and interrupting an unencrypted email conversation to
divert a large money or bank transfer.

PENALTY:
Prision mayor (imprisonment of six years adds 1 day up to 12 years) or fine at
least Two hundred thousand pesos (₱200, 000) up to a maximum amount
commensurate to the damage incurred or BOTH
2. COMPUTER RELATED IDENTITY THEFT
  As defined in Republic Act No. 10175 otherwise known as the “Cybercrime
Prevention Act of 2012”, computer-related identity theft is the intentional
acquisition, use, misuse, transfer, possession, alteration or deletion of
identifying information belonging to another, whether natural or juridical,
without right.
 Identity theft occurs when somebody uses your personal information, to
include but not limited to name, birthday, telephone number, credit card
number, without your permission in order to commit fraud or other crimes.
Forms of Identity Theft:
 including but not limited to computer phishing
 Example: emails that inform users of suspicious activity on their
accounts and ask them to change their password. These phishing
attacks aim to steal credentials or other confidential information. For
example, phone numbers, account numbers, social security
numbers, and credit card details.
 419 scams (named after the Nigerian penal code)
 Example: scammers may ask for your bank account details to help
them transfer the money and use this information to later steal your
funds.
 Internet auction fraud
 Example: Non-delivery involves the seller placing an item up for bid
when, in fact, there is no item at all. When you buy fake or stolen
goods, or when you pay for goods that never arrive. Internet auction
fraudsters often use money transfer services such as Western Union
or MoneyGram because it's easier for them to receive your money
without revealing their true identity.
 magnetic strip skimming and;
- Skimming is a type of scam that happens when cybercriminals steal
ATM information when individuals withdraw money or use a debit
card to pay.
 credit card fraud
- Lost or stolen cards. One of the most basic credit card fraud schemes
is to simply steal someone's credit card or use a card someone has
lost. Thieves also intercept credit cards sent to cardholders in the
mail.
PENALTY:
Imprisonment of prision mayor (6 years and 1 day to 12 years) or a fine of at
least Two hundred thousand pesos (PhP200,000.00) up to a maximum amount
commensurate to the damage incurred or both.
CONTENT RELATED OFFENSES: CYBERSEX,
CHILD PORNOGRAPHY, UNSOLICITED
COMMERCIAL COMMUNICATIONS, LIBEL
INTRODUCTION
In today’s digital age, cybercrime has become an increasingly prevalent
issue, with a range of content related offences causing harm and posing
significant threats to individuals and society as a whole. Content related offences
refer to any criminal activities carried out online that involve the creation,
distribution, or consumption of illegal or harmful content. These offences can
include cybersex, child pornography and spreading fake news or disinformation.
One of the most disturbing and heinous content related offenses on cybercrime is
the creation and distribution of child pornography. The digital landscape has
provided criminals with platforms to exploit innocent children and profit from the
exploitation. Child pornography not only violates the rights or children but also
perpetuates a cycle of abuse and trauma.

CYBERSEX
●cybersex is the sexual arousal using computer technology, especially by wearing
virtual reality equipment or by exchanging messages with another person via the
internet.
●cybersex is virtual sex encounter via the internet or cellphone that doesn’t
involve person to person contact. It’s also known as internet sex, computer sex,
netsex or cybering.

EXAMPLES/TYPES OF CYBERSEX:
1. SEXTING
-involves sending sexually explicit messages and/or photos by phone to a
partner.
2. WEBCAM SEX
-allows a person to masturbate with one or more individuals over live
video, whether on their phone or an online video conferencing platform.

3. CONNECTED SEX TOYS

-also called Teledildonics, are sex toys that are controlled through an
internet connected device like smartphone and can therefore be controlled
by long distance sex partners.

4. VIRTUAL REALITY SEX

-may increase in popularity as virtual reality systems become more
affordable and widespread. A virtual reality headset is worn on a person’s
head that creates 3-dimensional virtual experience for the wearer. In
virtual reality sex, this experience could utilize 2-D pornography.
5. CHATROOM SEX AND PHONE SEX
-practiced by people in online chatrooms, frequently with unknown
partners. Usually entails verbally describing sexual activity over the
phone to another person and listening to their descriptions

CASES OF CYBERSEX IN THE PHILIPPINES:

1. As you can see in the picture below, 41 suspects involved in cybersex
schemes were arrested after they were caught red-handed during
simultaneous operations of the PNP Anti-Cybercrime Group in three
different locations in Valenzuela City and Batangas way back 2021.

2. Andrea, a 14 year old girl was lured to work in a cyber-sex den after her
cousin had promised a baby-sitting job in the city but she was instead
caught up in a new form of sexual exploitation and cyber-sex
trafficking.

3. A 28-year-old woman and his partner are arrested May 21,2022 for
allegedly maintaining a cybersex den in Butuan City. Authorities
rescued 13 victims, mostly minors during the operation.
 4. Eileen Ontong was arrested on May 28, 2013 in Cebu together with her
husband for allegedly engaging in a cybersex syndicate.

CHILD PORNOGRAPHY

I. Definition of Terms

Child - refers to any person below 18 or over, but is unable to fully take care of
himself/herself from abuse, neglect, cruelty, exploitation or discrimination
because of a physical or mental disability or condition.

It shall also refer to –

a. Any person regardless of age who is presented, depicted or portrayed
as a child; and,
b. Computer-generated, digitally or manually crafted images or graphics of
a person who is represented or who is made to appear to be a child.

Child pornography - refers any representation of a child engaged or involved

in real or simulated explicit sexual activities.

Explicit Sexual Activity - includes actual or simulated –

(1) As to form
a. sexual intercourse or lascivious act including, but not limited to,
contact involving genital to genital, oral to genital, anal to genital, or oral
to anal, whether between persons of the same or opposite sex;
b. bestiality;
c. masturbation;
d. sadistic or masochistic abuse;
e. lascivious exhibition of the genitals, buttocks, breasts, pubic area
and/or anus; or
f. use of any object or instrument for lascivious acts

Child pornography materials - refers to the means and methods by which

child pornography is carried out:
a. As to form:
• Visual depiction – not only images of real children but also digital
images, computer images or computer-generated images;
• Audio representation of a person who is or is represented as being a
child and who is engaged in or is represented as being engaged in
explicit sexual activity, or an audio representation that advocates,
encourages or counsels any sexual activity with children which is
an offense under this Act; and
• Written text or material that advocates or counsels explicit sexual
activity with a child and whose dominant characteristic is the
description, for a sexual purpose, of an explicit sexual activity with a
child.

b. As to content:
It includes representation of a person who is, appears to be, or is represented as
being a child, the dominant characteristic of which is the depiction, for a sexual
purpose, of:
• the sexual organ or the anal region, or a representation thereof; and
• the breasts, or a representation of the breasts, of a female person.

Internet address - refers to a website, bulletin board service, internet chat room
or news group, or any other internet or shared network protocol address.

Internet cafe or kiosk - refers to an establishment that offers or proposes to

offer services to the public for the use of its computer/s or computer system for
the purpose of accessing the internet, computer games or related services.

Internet service provider (ISP) - refers to a person or entity that supplies or

proposes to supply, an internet carriage service to the public
Grooming - refers to the act of preparing a child or someone who the offender
believes to be a child for sexual activity or sexual relationship by communicating
any form of child pornography. It includes online enticement or enticement
through any other means.

Luring - refers to the act of communicating, by means of a computer system,

with a child or someone who the offender believes to be a child for the purpose
of facilitating the commission of sexual activity or production of any form of
child pornography.

Pandering - refers to the act of offering, advertising, promoting, representing or

distributing through any means any material or purported material that is
intended to cause another to believe that the material or purported material
contains any form of child pornography, regardless of the actual content of the
material or purported material.

II. Prohibited acts

It shall be unlawful for any person:
a. To hire, employ, use, persuade, induce or coerce a child to perform in
the creation or production of any form of child pornography
b. To produce, direct, manufacture or create any form of child pornography.
c. To publish, offer, transmit, sell, distribute, broadcast, advertise, promote,
export or import any form of child pornography.
d. To possess any form of child pornography with the intent to sell,
distribute, publish, or broadcast.
e. Willfully and intentionally providing a venue for the commission of
 prohibited acts.
f. Distribution of any form of child pornography by film distributors,
theaters and telecommunication companies, by themselves or in
cooperation with other entities.
g. Assisting in any form of child pornography by a parent or guardian.
h. Engaging in luring or grooming.
i. Engaging in pandering of any form of child pornography.
j. Willful access any form of child pornography;
k. To conspire to commit any of the prohibited acts stated in this
section. Conspiracy to commit any form of child pornography shall be
committed when two (2) or more persons come to an agreement
concerning the commission of any of the said prohibited acts and decide
to commit it; and
l. Possession of any form of child pornography. (Sec. 4)

The possession of three (3) or more articles of child pornography of the same
form shall be prima facie evidence of the intent to sell, distribute, publish, or
broadcast

III. Syndicated child pornography

The crime of child pornography is deemed committed by a syndicate if
carried out by a group of three (3) or more persons conspiring or
confederating with one another. (Sec. 5)

IV. Other Relevant Rules Duties of an Internet Service Provider (ISP)

All internet providers (ISPs) shall notify the Philippine National Police (PNP) or
the National Bureau of Investigation (NBI) within seven (7) days from obtaining
facts and circumstances that any form of child pornography is being committed
using its server or facility of any user, subscriber, or customer, or the content of
any communication of any such person

Liability of mall owners or operators and owners or lessors of business

establishments
All mall owners/operators and owners or lessors of other business
establishments shall notify the PNP or the NBI within seven (7) days from
obtaining facts and circumstances that child pornography is being committed
in their premises.

It should be noted that the public display of any form of child pornography
within their premises is a conclusive presumption of the knowledge of the
mall owners/operators and owners or lessors of other business
establishments of the violation of this Act.

VI. Penalties and Sanctions.

The following penalties and sanctions are hereby established for offenses
enumerated in this Act:
(a) Any person found guilty of syndicated child pornography as defined in
Section 5 of this Act shall suffer the penalty of reclusion perpetua and a fine
of not less than Two million pesos (Php2,000,000.00) but not more
than Five million pesos (Php5,000,000.00);
(b) Any person found guilty of violating Section 4(a) or to hire, employ, use,
persuade, induce or coerce a child to perform in the creation or production of
any form of child pornography, (b) to produce, direct, manufacture or create any
form of child pornography and (c) to publish, offer, transmit, sell, distribute,
broadcast, advertise, promote, export or import any form of child pornography
shall suffer the penalty of reclusion temporal in its maximum period and a fine
of not less than One million pesos (Php1,000,000.00) but not more
than Two million (Php2,000,000.00);
(c) Any person found guilty of violating Section 4(d) or to possess any form of
child pornography with the intent to sell, distribute, publish, or broadcast, (e)
willfully and intentionally providing a venue for the commission of prohibited
acts and (f) distribution of any form of child pornography shall suffer
the penalty of reclusion temporal in its medium period and a fine of not less
than Seven hundred fifty thousand pesos (Php750,000.00) but not more
than One million pesos (Php1,000,000.00);
(d) Any person found guilty of violating Section 4(g) or Assisting in any form
of child pornography by a parent or guardian shall suffer the penalty of
reclusion temporal in its minimum period and a fine of not less than Five
hundred thousand pesos (Php500,000.00) but not more than
Seven hundred thousand pesos (Php700,000.00);
(e) Any person found guilty of violating Section 4(h) or engaging in luring or
grooming shall suffer the penalty of prision mayor in its maximum period and a
fine of not less than Three hundred thousand pesos (Php300,000.00) but
not more than Five hundred thousand pesos (Php500,000.00);
(f) Any person found guilty of violating Section 4(i) or engaging in pandering
of any form of child pornography shall suffer the penalty of prision mayor in its
minimum period and a fine of not less than Three hundred thousand pesos
(php300,000.00) but not more than Five hundred thousand
pesos (Php500,000.00);
(g) Any person found guilty of violating Section 4(j) or willful access any form
of child pornography shall suffer the penalty of prision correccional in its
maximum period and a fine of not less than Two hundred thousand pesos
(Php200,000.00) but not more than Three hundred thousand
pesos (Php300,000.00);
(h) Any person found guilty of violating Section 4(k) or to conspire to commit
any of the prohibited acts stated in this section shall suffer the penalty of
prision correccional in its medium period and a fine of not less than One
hundred thousand pesos (php100,000.00) but not more than Two
hundred fifty thousand pesos (php250,000.00);
(i) Any person found guilty of violating Section 4(l) or possession of any form
of child pornography shall suffer the penalty of arresto mayor in its minimum
period and a fine of not less than Fifty thousand pesos (Php50,000.00)
but not more than One hundred thousand pesos (Php100,000.00).

UNSOLICITED COMMERCIAL COMMUNICATIONS

 Unsolicited commercial communications refer to any type of electronic
communication or message that is sent to recipients without their
explicit consent or request, primarily for commercial or marketing
purposes.
 The transmission of commercial electronic communication with the use
of computer system which seek to advertise, sell or offer for sale
products and services are prohibited unless:
i. There is prior affirmative consent from the recipient; or
ii. The primary intent of the communication is for service and/or
administrative announcements from the sender to its existing users,
subscribers or customers; or
iii. The following conditions are present:
 a). The commercial electronic communication contains simple,
valid, and reliable way for the recipient to reject. Receipt of further
commercial electronic messages (opt-out) from the same source;
b). The commercial electronic communication does not
purposely disguise the source of the electronic message; and
c). The commercial electronic communication does not
purposely include misleading information in any part of the message
in order to induce the recipients to read the message.
The key characteristic of unsolicited commercial communications is that
they are sent to individuals or organizations who have not given prior permission
or expressed interest in receiving such messages.
Spam can clog email inboxes, waste time and resources, and potentially
expose recipients to malicious content, phishing attempts, or scams. Common
examples of spam messages include offers for weight loss products, miracle
cures, financial schemes, online gambling, or counterfeit goods.

LIBEL
ART. 353. Definition of libel. — A libel is a public and malicious imputation of
a crime, or of a vice or defect, real or imaginary, or any act, omission, condition,
status or circumstance tending to cause the dishonor, discredit, or contempt of a
natural or juridical person, or to blacken the memory of one who is dead.
ART. 354. Requirement for publicity. — Every defamatory imputation is
presumed to be malicious, even if it be true, if no good intention and justifiable
motive for making it is shown, except in the following cases:
a) A private communication made by any person to another in the
performance of any legal, moral, or social duty; and
b) A fair and true report, made in good faith, without any comments or
remarks, of any judicial, legislative, or other official proceedings which
are not of confidential nature, or of any statement, report, or speech
delivered in said proceedings, or of any other act performed by public
officers in the exercise of their functions.
ART. 355. Libel by means of writings or similar means. — A libel committed
by means of writing, printing, lithography, engraving, radio, phonograph,
painting, theatrical exhibition, cinematographic exhibition, or any similar means,
shall be punished by prisión correccional in its minimum and medium periods or
a fine ranging from 200 to 6,000 pesos, or both, in addition to the civil action
which may be brought by the offended party.
Elements of Libel
a) The imputation must be defamatory
b) The imputation must be malicious
c) The imputation must be made publicly
d) The offended party must be identifiable
LIBEL CASE IN THE PHILIPPINES

Maria Ressa, Crusading Journalist, Is Convicted in Philippines Libel Case

The conviction of Ms. Ressa, a critic of President Rodrigo Duterte and his violent
drug war, is the latest blow to press freedoms in the country.
RA 10175 OTHERWISE KNOWN AS
“CYBERCRIME PREVENTION ACT OF 2012”:
A WALKTHROUGH ON SECTION 5, 6, AND
11
 Republic Act No. 10175 otherwise known as the “Cybercrime Prevention
Act of 2012” is a law that focuses on the pre-emption, prevention, and
prosecution of cybercrimes such as offenses against the privacy,
confidentiality, integrity, and availability of computer data and systems,
computer-related offenses, and content-related offenses.
In short, the RA 10175 is a law that defines and penalizes the computer
crimes here in the Philippines.
DISCUSSIONS
Section 5 of the RA. 10175
SEC. 5. Other Offenses. — The following acts shall also constitute
an offense:
(a) Aiding or Abetting in the Commission of Cybercrime. – Any
person who willfully abets or aids in the commission of any
of the offenses enumerated in this Act shall be held liable.

This refers to assisting or encouraging of committing a cybercrime

enumerated on this Act. Take note that aiding is different from abetting; aiding
is helping someone to commit a crime meanwhile abetting is encouraging or
counseling someone to commit a crime. As simple as it may look, there are
issues that arise in aiding or abetting in the commission of cybercrime. Looking
back to the crimes preceding this section, there are certain acts that qualify for
the crime of aiding or abetting while others may frustrate the constitutional
rights of a person.
In the case of Disini et. al. v. Secretary of Justice, there is a ruling of the
Supreme Court that holds:
Section 5 with respect to Section 4(c)(4) is unconstitutional. Its
vagueness raises apprehension on the part of internet users
because of its obvious chilling effect on the freedom of expression,
especially since the crime of aiding or abetting ensnares all the
actors in the cyberspace front in a fuzzy way. In the absence of
legislation tracing the interaction of netizens and their level of
responsibility such as in other countries, Section 5, in relation to
Section 4(c)(4) on Libel, Section 4(c)(3) on Unsolicited Commercial
Communications, and Section 4(c)(2) on Child Pornography, cannot
stand scrutiny.
But the crime of aiding or abetting the commission of cybercrimes
under Section 5 should be permitted to apply to Section 4(a)(1) on
Illegal Access, Section 4(a)(2) on Illegal Interception, Section 4(a)(3)
on Data Interference, Section 4(a)(4) on System Interference,
Section 4(a)(5) on Misuse of Devices, Section 4(a)(6) on Cyber-
squatting, Section 4(b)(1) on Computer-related Forgery, Section 4(b)
(2) on Computer-related Fraud, Section 4(b)(3) on Computer-related
Identity Theft, and Section 4(c)(1) on Cybersex. None of these
offenses borders on the exercise of the freedom of expression.
This ruling refers to the application of aiding or abetting in the
commission of a cybercrime such as in cyber libel wherein it contends that
beside from the original author of the defamatory article, merely liking,
commenting, and sharing such defamatory article does not constitute a crime.
It should be taken note that right of freedom of expression is at stake in here
and thus deemed unconstitutional. In addition, there is no specific law that
punishes the interaction of netizens and their level of responsibility thus
following the principle of Nullum Crimen Nulla Poena Sine Lege that states
“there is no crime when there is no law punishing it”.
Example of a situation where this ruling applies is when a person liked
and shared a certain libelous post about a known artist. If this known artist
were to file cyber libel, by applying the rule on Section 5, is the person who
reacted and shared the libelous post would be liable for assisting or abetting a
cyber libel?
To further elaborate, let us take this cyber libel to libel. If a person
posted on a bulletin board a defamatory article about a known artist and some
random person sees it, and then proceed to write “agree”, does this random
person qualifies for the crime of libel? By the provisions of the Revised Penal
Code, this random person did not commit the libel as he is not the original
author of the defamatory article. He only shared his agreement to the
defamatory article. Furthermore, aiding or abetting is not clear in the crime of
libel.
If we take this situation to the cyberworld, liking a defamatory post
should also not fall for libel. If aiding and abetting includes sharing sentiments,
this puts a choke on people to share their thoughts. It instills fear to them to
say what they want to say, fearing they would be liable for a crime. This puts a
chilling effect to the right for freedom of expression of the people.
Yet, it should also be taken note that section 5 applies to other cybercrime
offenses that does not violate the freedom of expression such as hacking.
(b) Attempt in the Commission of Cybercrime. — Any person who
willfully attempts to commit any of the offenses enumerated in
this Act shall be held liable.

By means of attempt is a failed accomplishment of an offense, in whatever

reason, is punishable by this Act. What is punished in this is the intention to
commit the crime and its proof is shown when the person tried to commit an
offense but ends in vain.
If Mr. John Doe hacked the computer of Mr. Juan Pedro but led in vain
because Mr. Juan Pedro has installed a security software on his computer, is
Mr. John Doe liable for attempting to illegally access the computer of Mr. Juan
Pedro? Yes, Mr. John Doe is liable for attempting to illegally access the
computer of Mr. John Doe.
The penalty for the offenses enumerated on Section 5, as stated in Section 8
shall be:
Any person found guilty of any of the punishable acts enumerated
in Section 5 shall be punished with imprisonment one (1) degree
lower than that of the prescribed penalty for the offense or a fine
of at least One hundred thousand pesos (PhPl00,000.00) but not
exceeding Five hundred thousand pesos (PhP500,000.00) or both.
 Example in the case of Mr. John Doe, the penalty for illegal access is
prision mayor or a fine of at least P200, 000 to the maximum amount
commensurate to the damage incurred or both. Since it is only the attempt to
illegally access the computer, the penalty would be one degree lower which the
imprisonment should be prision correccional.
Section 6 of RA 10175
SEC. 6. All crimes defined and penalized by the Revised Penal
Code, as amended, and special laws, if committed by, through and
with the use of information and communications technologies
shall be covered by the relevant provisions of this Act: Provided,
That the penalty to be imposed shall be one (1) degree higher than
that provided for by the Revised Penal Code, as amended, and
special laws, as the case may be.
Supreme Court Ruling states that:
Section 6 merely makes commission of existing crimes through the
internet a qualifying circumstance. As the Solicitor General points
out, there exists a substantial distinction between crimes
committed through the use of information and communications
technology and similar crimes committed using other means. In
using the technology in question, the offender often evades
identification and is able to reach far more victims or cause
greater harm. The distinction, therefore, creates a basis for higher
penalties for cybercrimes.
Hence, valid and constitutional.
The use of Information and Communication Technology (ICT) to commit
offenses only elevates the penalties for such offenses. Since the use of ICT
brings more advantages to the offender in acting an offense and the result of an
offense may bring grave effects to victims, it is then the basis of higher
penalties.
For example, in the case of Libel, the RPC under Art. 355 penalize libel by
prision correccional in its minimum (6 mos. & 1 day to 2 yrs. & 4 mos.) and
medium periods (2 yrs,4 mos. & 1 day to 4 yrs. & 2 mos.) or a fine of P40,000
to P1,200,000, or both, in addition to the civil action may be brought by the
offended party.
But if the case is Cyber Libel, in accordance to Section 6 of RA 10175, the
penalty imposed is one degree higher than the provided by the law. Thus,
Cyber Libel is penalized by prision correccional in its maximum period (4 yrs.,
2 mos. & 1 day to 6 yrs.) to prision mayor in its minimum period (6 yrs. & 1
day to 8 yrs.).
This is because the defamatory article spreads to a wider audience in the
internet as compared to publishing the same on a newspaper. The internet has
no definite location restriction. That is only to name a few how cyber libel is
more serious to libel.
Section 11 of RA 10175
SEC. 11. Duties of Law Enforcement Authorities. — To ensure that
the technical nature of cybercrime and its prevention is given focus
 and considering the procedures involved for international
cooperation, law enforcement authorities specifically the computer
or technology crime divisions or units responsible for the
investigation of cybercrimes are required to submit timely and
regular reports including pre-operation, post-operation and
investigation results and such other documents as may be required
to the Department of Justice (DOJ) for review and monitoring.
This refers to the National Bureau of Investigation and Philippine
National Police being required to submit on-time reports on their operations
and investigations to the Department of Justice for review and monitoring. This
is because cybercrime is not limited within the Philippines but also transcends
to international scene, such as online juvenile pornography, that relates or
rather requires international cooperation to purge such crimes.
Note:
The NBI and the PNP shall organize a cybercrime unit or center manned
by special investigators to exclusively handle cases involving violations of this
Act (Section 10, Chapter IV. RA 10175). This means that there are units in the
law enforcement specifically tasked to handle cases related to cybercrimes.

Cybercrime Division of the NBI.

Cybercrime Division of the PNP.

CONCLUSION
Cybercrime is the commission of an offense with the use of a computer.
In a simple assist to commit a cyber offense, it is possible to be punished by
law. Yet, the meaning of aiding an abetting is so broad in cybercrime that it has
been put into scrutiny. Though, in mere attempt of committing a cybercrime
offense is not an excuse but within the penalized acts of the Cybercrime Law. It
should also be taken note that any crime committed using the computer is
penalized one degree higher than the typical offense. Meanwhile, the
enforcement of the laws on cybercrimes is the responsibility of the PNP and the
NBI with their own cybercrime division.
Abetting – encouraging or counseling someone to commit a crime.
Aiding – helping someone to commit a crime.
Chilling Effect - a phenomenon where individuals or groups refrain from
engaging in expression for fear of running afoul of a law or regulation.
Cyber Libel - the act of defaming or damaging someone's reputation using
electronic means
Cybercrime - the use of a computer as an instrument to further illegal ends,
such as committing fraud, trafficking in child pornography and intellectual
property, stealing identities, or violating privacy.
Law Enforcement Authorities - any government agency responsible for the
enforcement of the law. (In RA 10175, this refers to the NBI and PNP)
Libel - a statement or representation published without just cause and tending
to expose another to public contempt
Qualifying Circumstances - those that change the nature of the crime to a
graver one, or brings about a penalty next higher in degree, and cannot be
offset by mitigating circumstances.
INCIDENT RESPONSE, PRESERVATION and
COLLECTION
INCIDENT RESPONSE
 The process of reacting to and managing a security incident like data
breach or cyberattack, to minimize damage and restore normal
operations as quickly as possible.
 Focuses more on IT attacks and prevention
COLLECTION
 Refers to the gathering of evidence and information related to the
incident.
 This may include logs, files, system snapshots and other data to
understand what happened.
PRESERVATION
 Means ensuring that the collected evidence is kept in a secure and
unaltered state to maintain its integrity.

STEPS IN PRESERVING AND COLLECTING DIGITAL EVIDENCE (PHILIPPINES)

1. IDENTIFICATION AND DOCUMENTATION

 Scene Assessment: Begin by assessing the digital crime scene. Identify all
electronic devices that may contain relevant evidence, such as computers,
smartphones, external hard drives, and servers.
 Document the Physical Environment: Document the physical environment
where the devices are found. Take photographs or videos to capture the setup,
location, and any potential signs of tampering or unauthorized access.
 Note Potential Sources: Identify potential sources of digital evidence, including
email accounts, social media profiles, cloud storage, and network logs.
2. EVIDENCE SEIZURE AND PRESERVATION
 Secure the Scene: Ensure the scene's security to prevent any unauthorized
access or tampering with the digital evidence.
 Label and Document Evidence: Each seized device should be labeled,
documented, and assigned a unique identifier to track the chain of custody.
Record details like the device's make, model, serial number, and any passwords
or access credentials if known.
 Use Forensic Tools: Utilize digital forensic tools and software to create a
forensic image of the seized devices. This process involves creating a bit-for-bit
copy of the original data, preserving its integrity.
 Protect Evidence from Alteration: Store the forensic copies in a secure
environment to prevent any alterations. Use write-blocking hardware or
software to ensure that no changes can be made to the original evidence.
 Maintain Chain of Custody: Keep a detailed chain of custody log, documenting
every individual who handles the evidence, along with dates, times, and reasons
for access. This record is crucial for legal purposes.

5 PHASES IN HANDLING OF DIGITAL EVIDENCE(U.S.A.)

1. IDENTIFICATION
 In the identification phase, preliminary information is obtained
about the cybercrime case prior to collecting digital evidence. This
preliminary information is similar to that which is sought during a
traditional criminal investigation. The investigator seeks to answer the
following questions:

 Who was involved?

 What happened?
 When did the cybercrime occur?
 Where did the cybercrime occur?
 How did the cybercrime occur?

2. COLLECTION
The investigator, or crime scene technician, collects the evidence. The
collection procedures vary depending on the type of digital device, and the
public and private resources where digital evidence resides (e.g., computers,
phones, social media, and cloud; for different digital forensics practices
pertaining to multimedia, video, mobile.

 The crime scene is secured when a cybercrime is observed, reported, and/or

suspected.
 The first responder identifies and protects the crime scene from
contamination and preserves volatile evidence by isolating the users of all
digital devices found at the crime scene.
 The investigator, if different from the first responder, searches the crime
scene and identifies the evidence. Before evidence is collected, the crime
scene is documented.

3. ACQUISITION
Evidence is extracted from the seized digital devices at the forensic
laboratory. Digital evidence should be acquired in a manner that preserves
the integrity of the evidence.

 A duplicate from the primary source is made of the contents of

that device and the analyst works on the copy.

 Verification. A cryptographic hash value is calculated for the

original and duplicate using mathematical computations; if they
match, the copy's contents are a mirror image of the original
content.

 A write blocker, which is designed to prevent the alteration

of data during the copying process, should be used before
extraction whenever possible in order to prevent the
modification of data during the copying process.

2 Types of Extraction

a. Physical extraction
  involves the search for and acquisition of evidence from the location
within a digital device where the evidence resides, such as the hard drive
of a computer.
 A physical extraction may be conducted using keyword searches based
on terms provided by the investigator and by examining unallocated
space.

b. Logical extraction

 involves the search for and acquisition of evidence from the location it
resides relative to the file system of a computer operating system, which
is used to keep track of the names and locations of files that are stored
on a storage medium such as a hard disk.
 A logical extraction involves the acquisition of data from active and
deleted files, file systems, unallocated and unused space, and
compressed, encrypted, and password protected data.

4. PRESERVATION
First responders, investigators, crime scene technicians, and/or digital
forensics experts must demonstrate, wherever possible, that digital evidence
was not modified during the identification, collection, and acquisition phase;
the ability to do so, of course, depends on the digital device and circumstances
encountered by them.
A chain of custody must be maintained. The names, titles, and contact
information of the individuals who identified, collected, and acquired the
evidence should be documented, as well as any other individuals the evidence
was transferred to, details about the evidence that was transferred, the time
and date of transfer, and the purpose of the transfer.

5. ANALYSIS AND REPORTING

Digital evidence is extracted from the device, data is analyzed, and events
are reconstructed.
Files are analyzed to determine their origin, and when and where the
data was created, modified, accessed, downloaded, or uploaded, and the
potential connection of these files on storage devices to, for example, remote
storage, such as cloud-based storage

4 Types of Analyses (COMPUTERS)

1) Time-Frame Analysis
 seeks to create a timeline or time sequence of actions using time
stamps (date and time) that led to an event or to determine the
time and date a user performed some action.
2) Ownership and Possession Analysis
 used to determine the person who created, accessed, and/or
modified files on a computer system.
3) Application and File Analysis
 performed to examine applications and files on a computer system
to determine the perpetrator's knowledge of and intent and
capabilities to commit cybercrime.
4) Data Hiding Analysis
 searches for hidden data on a system.
  During the analysis phase, the investigator needs to address the
data-hiding techniques that perpetrators could have used to
conceal their identities and activities.

PRESERVATION AND COLLECTION OF EVIDENCE

Philippines United States

1. Legal Framework: 1. Legal Framework:

 The Philippine legal system is  The United States follows a
based on civil law principles, and common law legal system with
evidence collection is governed by both federal and state laws
the Rules of Court. The Revised governing evidence collection. The
Rules of Criminal Procedure Fourth Amendment to the U.S.
provides guidelines for the Constitution protects against
collection, presentation, and unreasonable searches and
preservation of evidence. seizures and plays a significant
role in evidence collection.

2. Chain of Custody: 2. Chain of Custody:

 Maintaining a proper chain of  Law enforcement agencies in the
custody is essential in both United States typically have well-
countries. In the Philippines, law established procedures for
enforcement agencies are required maintaining a rigorous chain of
to document the transfer of custody. There is a strong
evidence carefully, including who emphasis on documentation and
handled it, when, and why. secure storage.

3. Evidence Handling: 3. Evidence Handling:

 Evidence handling practices may  U.S. law enforcement agencies
vary depending on the specific law often have access to more
enforcement agency and resources extensive resources, including
available. Some areas may face specialized evidence collection
challenges due to limited units and crime laboratories. They
resources and training. may employ advanced techniques
for evidence collection and
preservation.

4. Forensic Expertise: 4. Forensic Expertise:

 The Philippines has forensic  The United States boasts a robust
experts and laboratories, but the network of forensic experts and
availability of specialized forensic state-of-the-art laboratories.
services and advanced Expert testimony is a common
technologies may be more limited practice in U.S. courts, and the
compared to the United States. standards for admissibility are
well-established.

5. Admissibility in Court:
 The U.S. legal system has well-
defined rules for the admissibility
of physical evidence. The Daubert
standard is used to determine the
scientific validity and reliability of
expert testimony and evidence.
 6. Resources:
 Generally, U.S. law enforcement
agencies have access to more
extensive resources, including
advanced forensic technology,
comprehensive training programs,
and funding for evidence
preservation.

EXAMPLES OF PRESERVATION AND COLLECTION OF DIGITAL EVIDENCE

1.Chain of Custody: Documenting who handled the evidence, when, and why. It
ensures that the evidence remains untampered with from the moment it's collected
until it's presented in court.
2. Forensic Imaging: Digital devices such as computers or mobile phones should be
forensically imaged. This process creates a bit-for-bit copy of the device's storage,
preserving the original data for analysis while working with a duplicate.
3. Metadata Preservation: Metadata, like timestamps, file properties, and user
interactions, can be crucial in digital investigations. Ensure metadata is preserved
during the collection process.
4. Hashing: Before and after collection, hash values of the digital evidence should be
generated and documented. This ensures the data's integrity. Any change in the data
will result in a different hash value.
5. Secure Storage: It should be kept in a secure, climate-controlled environment to
prevent physical damage or data degradation.
6. Documentation: Every step of the collection process should be meticulously
documented. This includes who collected the evidence, where and when it was
collected, and the tools and procedures used.
7. Chain of Custody Records: Records should be maintained detailing the transfer of
evidence from one person or location to another. This includes signatures and
timestamps.
8. Authorized Personnel: Only trained and authorized personnel should handle
digital evidence to prevent contamination or tampering.
9. Legal Processes: Evidence should be collected in accordance with Philippine laws
and regulations, and any necessary legal processes (e.g., search warrants) should be
followed.
10. Digital Forensics Tools: Utilize specialized digital forensics software and tools to
collect and analyze digital evidence. These tools help preserve data integrity during the
investigation.
11. Encryption Handling: If the digital evidence is encrypted, proper procedures for
decryption should be followed while maintaining the chain of custody.
12. Data Backups: Before any analysis, ensure that backups of the original data are
made. This allows for recovery if mistakes occur during the analysis process.
13. Expert Testimony: In court, digital evidence is often presented through expert
witnesses who can explain how it was collected and its significance.
STEPS IN CYBER INCIDENT RESPONSE
STEP 1: Contain the breach
After you detect a breach, the priority is generally to contain it and
mitigate the risk of further damage or loss of data
assess the nature and scope of the incident
consider all systems that could have been affected
look for concealed intrusions
reroute network traffic or block a web attack, if applicable
isolate or suspend compromised devices, networks or system
areas
STEP 2: Form an incident response team
An incident response team will usually involve:
technical or security personnel - to investigate the breach
HR representatives - where employees are involved in the breach
PR experts - to control and minimize brand damage
data protection experts - if personal data has been misused,
leaked or stolen
STEP 3: Conduct an investigation
Look into the circumstances of the breach, and assess how it has
affected you. Plan remedial actions, including those needed to:
 identify gaps in security that have led to the breach
 clean up affected systems and remove ongoing threats
 get systems up and running again
 address internal or external involvement in the breach
Carry out an investigation to determine which security controls have
failed. Keep a record of this information and use it to:
 review and improve policies and procedures for your business
 develop a comprehensive incident response plan for any future
intrusions
STEP 4: Address legal and regulatory requirements
As part of managing the incident, you may need to inform certain
organizations or individuals about the breach. Be clear about who you need to notify
and why. You may need to inform:
 the regulators if the breach results in the loss or theft of personal
data
 any individuals or groups whose personal data has been
compromised, such as customers, clients and suppliers
STEP 5: Report the incident
Like any other crime, you should report cybercrime incidents to the law
enforcement agency assigned to tackle them.
STEP 6: Manage reputational damage and customer relations
Not all security breaches become public, but those that do, have the
potential to cause significant reputational harm to businesses. In such circumstances,
communicating quickly, openly and honestly to those affected by the incident is often
the best course of action.
WARRANTS AND OTHER
ISSUANCES FOR COMPUTER
DATA
INTRODUCTION

Republic Act No. 10175, otherwise known as the "Cybercrime

Prevention Act of 2012," defines acts constituting cybercrime offenses;
prescribes penalties therefor; and provides procedures facilitating their
detection, investigation, and prosecution; whereas, the detection, investigation,
and prosecution of cybercrime offenses necessitate a rule of procedure
therefor, especially for the application, issuance, and implementation of court
warrants technically-suited to the nature of cybercrime offenses.

Through Memorandum Order No. I l1 7 dated February 2, 2017, the

Supreme Court tasked the Sub-Committee on Commercial Courts to draft the
rules of procedure "that shall respond to the technical requirements of
cybercrime prosecution and aid the cybercrime courts in the exercise of their
special jurisdiction" through a Technical Working Group created for the
purpose;

The Supreme Court, through A.M. No. 17-11-03-SC dated July 3, 201 8,
approved the Rule on Cybercrime Warrants. And shall take effect on August
15, 2018.
Different Warrants and Other Issuances for Computer Data

A. Warrant to Disclose Computer Data (WDCD)

Disclosure of Computer Data- Pursuant to Section 14, Chapter IV of RA
10175, law enforcement authorities, upon securing a Warrant to Disclose
Computer Data (WDCD) under this Rule, shall issue an order requiring any
person or service provider to disclose or submit subscriber's information, traffic
data or relevant data in his/her or its possession or control within seventy-two
(72) hours from receipt of the order in relation to a valid complaint officially
docketed and assigned for investigation and the disclosure is necessary and
relevant for the purpose of investigation.
— A WDCD is an order in writing issued in the name of the People of the
Philippines, signed by a judge, upon application of law enforcement authorities,
authorizing the latter to issue an order to disclose and accordingly, require any
person or service provider to disclose or submit subscriber's intonation, traffic
data, or relevant data in his/her or its possession or control.
Contents of Application for a WDCD. The verified application for a WDCD, as
well as the supporting affidavits, shall state the following essential facts:

1. The probable offense involved;

2. Relevance and necessity of the computer data or subscriber's information
sought to be disclosed for the purpose of the investigation;
3. Names of the individuals or entities whose computer data or subscriber'
s information are sought to be disclosed, including the names of the
individuals or entities who have control, possession or access thereto, if
available;
4. Particular description of the computer data or subscriber’s information
sought to be disclosed.
5. Place where the disclosure of computer data or subscriber’s information
sought to be disclosed.
6. Manner or method by which the disclosure of the computer data or
subscriber’s information is to be carried out, if available; and
7. Other relevant information that will persuade the court that there is a
probable cause to issue a WDCD.

Issuance and Form of WDCD. — If the judge is satisfied that there is probable
cause to believe that the facts upon which the application for WDCD exists,
he/she shall issue the WDCD, which must be substantially in the form
prescribed in "Annex A" of this Rule.

Return on the WDCD; Retained Copy. Within forty-eight (48) hours from
implementation or after the expiration of the effectivity of the WDCD, whichever
comes first, the authorized law enforcement officer shall submit a return on the
WDCD to the court that issued it and simultaneously turn over the custody of
the disclosed computer data or subscriber's information thereto as provided
under Section 7.1 of this Rule.

It is the duty of the issuing judge to ascertain if the return has been made, and
if none, to summon the law enforcement officer to whom the WDCD was issued
and require him to explain why no return was made, without prejudice to any
action for contempt as provided under Section 2.6 of this Rule.

Law enforcement authorities are allowed to retain a copy of the disclosed

computer data or subscriber's information subject of the WDCD which may be
utilized for case build-up or preliminary investigation purposes, without the
need of any court intervention; Provided, that the details thereof are kept
strictly confidential and that the retained copy shall be labelled as such.

The retained copy shall be turned over upon the filing of a criminal action
involving the disclosed computer data or subscriber's information to the court
where such action has been instituted, or if no criminal action has been filed,
upon order of the issuing court under the procedure set forth in paragraph 3 of
Section 8.2 of this Rule.
Upon its turn-over, the retained copy shall always be kept, destroyed, and/or
returned together with the computer data or subscriber's information that was
originally turned over to the issuing court under the first paragraph of this
Section.

Contempt. — Non-compliance with the order to disclose issued by law

enforcement authorities shall be deemed non-compliance with the WDCD on
which the said order is based, and shall likewise give rise to an action for
contempt under Section 2.6 of this Rule.

B. Warrant to Interception of Computer Data (WICD)

Interception of Computer Data. — Interception, as defined under Section 3

(m), Chapter I of RA 10175, may be carried out only by virtue of a court issued
warrant, duly applied for by law enforcement authorities.

— A WICD is an order in writing issued in the name of the People of the

Philippines, signed by a judge, upon application of law enforcement authorities,
authorizing the latter to carry out any or all of the following activities: (a)
listening to, (b) recording, (c) monitoring, or (d) surveillance of the content of
communications, including procuring of the content of computer data, either
directly, through access and use of a computer system or indirectly, through
the use of electronic eavesdropping or tapping devices, at the same time that
the communication is occurring.

Contents of Application for WICD. — The verified application for a WICD, as

well as the supporting affidavits, shall state the essential facts similar to those
in Section 4.3 of this Rule, except that the subject matter is the
communication or computer data sought to be intercepted.

Issuance and Form of WICD. — If the judge is satisfied that there is probable
cause to believe that the facts upon which the application for WICD exists, he
shall issue the WICD, which must be substantially in the form prescribed in
"Annex B" of this Rule.

Return on the WICD. — Within forty-eight (48) hours from implementation or

after the expiration of the effectivity of the WICD, whichever comes first, the
authorized law enforcement officers shall submit a return on the WICD to the
court that issued it and simultaneously turn-over the custody of the
intercepted communication or computer data thereto as provided under
Section 7.1 of this Rule.

It is the duty of the issuing judge to ascertain if the return has been made, and
if none, to summon the law enforcement officer to whom the WICD was issued
and require him to explain why no return was made, without prejudice to any
action for contempt as provided under Section 2.6 of this Rule.
Notice after filing of Return. — Within thirty (30) days from the filing of the
return, or, if no return is filed, from the lapse of the forty-eight (48) hour period
to file the return, the authorized law enforcement officer has the duty to notify
the person whose communications or computer data have been intercepted of
the activities conducted pursuant to the WICD. If a return has been filed, a
copy of the same shall be attached to the notice. On the other hand, if no
return has been filed, the notice shall state the details of the interception
activities, including the contents of the intercepted communication or
computer data.

Within ten (10) days from notice, the person whose communications or
computer data have been intercepted may challenge, by motion, the legality of
the interception before the issuing court.

C. Warrant to Search, Seize and Examine Computer Data (WSSECD).

— A Warrant to Search, Seize and Examine Computer Data (WSSECD) is an

order in writing issued in the name of the People of the Philippines, signed by a
judge, upon application of law enforcement authorities, authorizing the latter
to search the particular place for items to be seized and/or examined.

Contents of Application for a WSSECD. — The verified application for a

WSSECD, as well as the supporting affidavits, shall state the essential facts
similar to those in Section 4.3 of this Rule, except that the subject matter is
the computer data sought to be searched, seized, and examined, and all other
items related thereto. In addition, the application shall contain an explanation
of the search and seizure strategy to be implemented, including a projection of
whether or not an off-site or on-site search will be conducted, taking into
account the nature of the computer data involved, the computer or computer
system's security features, and/or other relevant circumstances, if such
information is available.

Issuance and Form of WSSECD. — If the judge is satisfied that there is

probable cause to believe that the facts upon which the application for
WSSECD exists, he shall issue the WSSECD, which must be substantially in
the form prescribed under "Annex C" of this Rule.

Off-site and On-site Principle; Return of Items Seized Off-site. —Law

enforcement authorities shall, if the circumstances so allow, endeavor to first
make a forensic image of the computer data on-site as well as limit their search
to the place specified in the warrant. Otherwise, an off-site search may be
conducted, provided that a forensic image is, nevertheless, made, and that the
reasons for the said search are stated in the initial return.

A person whose computer devices or computer system have been searched and
seized off-site may, upon motion, seek the return of the said items from the
court issuing the WSSECD: Provided, that a forensic image of the computer
data subject of the WSSECD has already been made. The court may grant the
motion upon its determination that no lawful ground exists to otherwise
withhold the return of such items to him.

Allowable Activities During the Implementation of the WSSECD. —

Pursuant to Section 15, Chapter IV of RA 10175, the interception of
communications and computer data may be conducted during the
implementation of the WSSECD: Provided, that the interception activities shall
only be limited to communications and computer data that are reasonably
related to the subject matter of the WSSECD; and that the said activities are
fully disclosed, and the foregoing relation duly explained in the initial return.

Likewise, law enforcement authorities may order any person, who has
knowledge about the functioning of the computer system and the measures to
protect and preserve the computer data therein, to provide, as is reasonable,
the necessary information to enable the undertaking of the search, seizure and
examination.

Initial Return. Within ten (10) days from the issuance of the WSSECD, the
authorized law enforcement officers shall submit an initial return that contains
the following information:

1. A list of all the items that were seized, with a detailed identification of; (a)
the devices of the computer system seized, including the name, make,
brand, serial numbers or any other mode of identification, if available:
and (b) the hash value of the computer data and/or the seized computer
device or computer system containing such data;
2. A statement on whether a forensic image of the computer data was made
on-site, and if not, the reasons for making the forensic image off-site;
3. A statement on whether the search was conducted on-site, and if not, the
reasons for conducting the search and seizure off-site;
4. A statement on whether interception was conducted during the
implementation of the WSSECD, together with (a) a detailed identification
of all the interception activities that were conducted; (b) the hash value/s
of the communications or computer data intercepted; and (c) an
explanation of the said items' reasonable relation to the computer data
subject of the WSSECD
5. List of all the actions taken to enforce the WSSECD, from the time the
law enforcement officers reached the place to be seized until they left the
premises with the seized items and reached the place where the items
seized were stored and secured for examination; and
6. A reasonable estimation of how long the examination of the items seized
will be concluded and the justification therefor.

It is the duty of the issuing judge to ascertain if the initial return has been
made, and if none, to summon the law enforcement authority to whom the
WSSECD was issued and require him to explain why no initial return was
made, without prejudice to any action for contempt as provided under Section
2.6 of this Rule.

Period to Examine and Order to Return. — After the initial return is

submitted to the court pursuant to the WSSECD, the court shall issue an
order fixing the period to conclude the examination of all the items seized,
which period may be extended not exceeding thirty (30) days, upon motion, for
justifiable reasons.

Final Return on the WSSECD. — Within forty-eight (48) hours after the
expiration of the period to examine as provided under Section 6.7 of this Rule,
the authorized law enforcement officers shall submit a final return on the
WSSECD to the court that issued it, and simultaneously tum-over the custody
of the seized computer data, as well as all other items seized and/or the
communications or computer data intercepted in relation thereto, following the
procedure under Section 7.1 of this Rule.

It is the duty of the issuing judge to ascertain if the final return has been
made, and if none, to summon the law enforcement officer to whom the
WSSECD was issued and require him to explain why no final return was made,
without prejudice to any action for contempt as provided under Section 2.6 of
this Rule.

D. Warrant to Examine Computer Data (WECD).

— Upon acquiring possession of a computer device or computer system via a

lawful warrantless arrest, or by any other lawful method, law enforcement
authorities shall first apply for a warrant before searching the said computer
device or computer system for the purpose of obtaining for forensic
examination the computer data contained therein. The warrant therefor shall
be denominated as a Warrant to Examine Computer Data (WECD).

The verified application for a WECD, as well as the supporting affidavits, shall
state the essential facts similar to those in Section 4.3 of this Rule, except that
the subject matter is the computer data sought to be examined. In addition,
the application shall disclose the circumstances surrounding the lawful
acquisition of the computer device or computer system containing the said
computer data.

If the judge is satisfied that there is probable cause to believe that the facts
upon which the application for WECD exists, he shall issue the WECD, which
must be substantially in the form prescribed under "Annex D" of this Rule.

The initial and final returns, as well as the period to examine under a WECD,
shall be similarly governed by the procedures set forth in Sections 6.6 to 6.8 of
this Rule.
Interception of communications and computer data may be likewise conducted
during the implementation of the WECD under the same conditions stated in
Section 6.5 of this Rule.

Custody of Computer Data

Deposit and Custody of Seized Computer Data.

— Upon the filing of the return for a WDCD or WICD, or the final return for a
WSSECD or WECD, all computer data subject thereof shall be simultaneously
deposited in a sealed package with the same court that issued the warrant. It
shall be accompanied by a complete and verified inventory of all the other
items seized in relation thereto, and by the affidavit of the duly authorized law
enforcement officer containing:

1. l. The date and time of the disclosure, interception, search, seizure,

and/or examination of the computer data, as the case may be. If the
examiner or analyst has recorded his/her examination, the recording
shall also be deposited with the court in a sealed package and stated in
the affidavit;
2. The particulars of the subject computer data, including its hash value;
3. The manner by which the computer data was obtained;
4. Detailed identification of all items seized in relation to the subject
computer data, including the computer device containing such data
and/or other parts of the computer system seized, indicating the name,
make, brand, serial numbers, or any other mode of identification, if
available;
5. The names and positions of the law enforcement authorities who had
access to the computer data from the time of its seizure until the
termination of the examination but prior to depositing it with the court,
and the names of officers who will be delivering the seized items to the
court,
6. The name of the law enforcement officer who may be allowed access to
the deposited data. When the said officer dies, resigns of severs tie with
the office, his/her successor may, upon motion, be granted access to the
deposit; and
7. A certification that no duplicates or copies of the whole or any part
thereof have been made, or if made, all such duplicates or copies are
included in the sealed package deposited, except for the copy retained by
law enforcement authorities pursuant to paragraph 3 of Section 4.5 of
this Rule.

The return on the warrant shall be filed and kept by the custodian of the log
book on search warrants who shall enter therein the date of the return, the
description of the sealed package deposited, the name of the affiant, and other
actions of the judge.

Duty of the Prosecutor When Criminal Action is Instituted. Once a criminal

action is instituted, it shall be the duty of the prosecutor, or his/her duly
authorized representatives, to move for the immediate transmittal of the
records as well as the transfer of the intercepted, disclosed, searched, seized
and/or examined computer data and items, including the complete and verified
inventory thereof, to the court that subsequently acquired jurisdiction over the
criminal action. The motion for the purpose shall be filed before the court that
issued the warrant and has the custody of the computer data within ten (10)
days from the criminal action is instituted and shall be acted upon by the
court within a period of five (5) days.

Access to and Use of Computer Data. The package containing the computer
data so deposited under Section 7.1 of this Rule shall not be opened, or the
recordings replayed, or its contents revealed, or, in any manner, used as
evidence, except upon motion duly granted by the court. The motion for the
purpose shall state:

1. The relevance of the computer data sought to be opened, replayed, revealed,

or used as evidence; and

2. The names of the persons who will be allowed to have access thereto, if the
motion is granted.

The motion shall further include proof of service of copies sent to the person or
persons whose computer data is the subject of the motion. The said person or
persons shall be given ten (10) days from receipt of notice thereof to file a
comment, after which the court shall rule on the motion, unless it finds it
necessary to conduct a clarificatory hearing for the purpose.

E. Warrant to Destroy Computer Data

Duty of Service Providers and Law Enforcement Authorities to Destroy. —

Pursuant to Section 17 of RA 10175, upon expiration of the periods as provided
in Sections 13 and 15 of the said law, service providers and law enforcement
authorities, as the case may be, shall immediately and completely destroy the
computer data subject of preservation and examination.

Destruction and Return of Computer Data in the Custody of the Court. —

Upon motion and due hearing, the court may, for justifiable reasons, order the
complete or partial destruction, or the return to its lawful owner or possessor,
of the computer data or any of the related items turned over to its custody.

Likewise, the court may, motu proprio, and upon written notice to all the
parties concerned, order the complete or partial destruction, or return to its
lawful owner or possessor, of the computer data or any of the related items
turned over to its custody if no preliminary investigation or case involving these
items has been instituted after thirty-one (31) days from their deposit, or if
preliminary investigation has been so instituted within this period, upon
finality of the prosecutor's resolution finding lack of probable cause. In its
sound discretion, the court may conduct a clarificatory hearing to further
determine if there is no reasonable opposition to the items' destruction or
return.
If the court finds the destruction or return of disclosed computer data or
subscriber' s information subject of WDCD to be justified under this Section, it
shall first issue an order directing the law enforcement authorities to turn over
the retained copy thereof as described in paragraph 3 of Section 4.5 of this
Rule. Upon its turn-over, the retained copy shall be simultaneously destroyed
or returned to its lawful owner or possessor together with the computer data or
subscriber's information that was originally turned over to the issuing court.

Destruction of Computer Data; How Made. — The destruction of computer

data and related items, if so, allowed under Section 8.2 of this Rule, shall be
made in the presence of the Branch Clerk-of-Court, or in his/her absence, in
the presence of any other person duly designated by the court to witness the
same. The accused or the person/s from whom such items were seized, or
his/her representative or counsel, as well as the law enforcement officer
allowed access to such items as indicated in the inventory, or his/her duly
authorized representative, may also be allowed to witness the said activity;
Provided, that they appear during the scheduled date of destruction upon
written notice to them by the Branch Clerk-of-Court at least three (3) days
prior to the aforementioned date.

Within twenty-four (24) hours from the destruction of the computer data, the
Branch Clerk-of-Court or the witness duly designated by the court shall issue
a sworn certification as to the fact of destruction and file the said certificate
with the same court.

The storage device, or other items turned over to the court's custody, shall be
destroyed by shredding, drilling of four holes through the device, prying the
platters apart, or other means in accordance with international standards that
will sufficiently make it inoperable.
Annex A- Warrant to Disclose Computer Data (WDCD)

Republic of the Philippines

Regional Trial Court
Branch

Re: Application for a Warrant to Disclose WDCD No.

_________
Computer Data under Section 14 of Repub1ic Act No. 10175

NAME OF APPLICANT,
Applicant.
x x

WARRANT TO DISCLOSE COMPUTER DATA

To the law enforcement authorities:

Greetings:

It appearing to the satisfaction of the undersigned after examining under

oath (name of applicant) and his/her witness/es (name/s of witness/es) that
there is probable cause to believe that (state the probable offense involved) has
been committed, is being committed or is about to be committed, a Warrant to
Disclose Computer Data (WDCD) is hereby ISSUED, in accordance with the
provisions of Section 4 of A.M. No. ____ entitled the "Rule on Cybercrime
Warrants".

WHEREFORE, by virtue of this WDCD, you are hereby AUTHORIZED to

issue an order compelling (names of the individuals or entities whose computer
data or subscriber's information are sought to be disclosed, including the
names of the individuals or entities who have control, possession or access
thereto, if available) to disclose or submit (particular description of the
computer data or subscriber's information sought to be disclosed).

(In the judge 's discretion, indicate other terms to be included by the law
enforcement authorities in the order to disclose, as may be gathered from the
warrant application, such as the place where the disclosure is to be enforced,
the manner or method by which the disclosure is to be carried out, and other
relevan.t terms to attend the implementation of the order to disclose, subject to
the limitations imposed by law.)
 The authorized law enforcement officer is COMMANDED to submit a return
on the WDCD and simultaneously turn-over the custody of the disclosed
computer data or subscriber's information to the undersigned within the period
and under the terms prescribed in the Rule on Cybercrime Warrants.

Fail not under penalty of law.

Witness my hand this ___ day of ___, in the City ________, Philippines.

ISSUING JUDGE
Annex B- Warrant to Interception of Computer Data (WICD)

Republic of the Philippines

Regional Trial Court
Branch

Re: Application for a Warrant to Intercept WICD No.

Computer Data under Section 15 in relation
to Section 3(m) of Republic Act No. 10175

NAME OF APPLICANT,
Applicant.
x x

WARRANT TO INTERCEPT COMPUTER DATA

To the law enforcement authorities:

Greetings:

It appearing to the satisfaction of the undersigned after examining under

oath (name of applicant) and his/her witness/es (name/s of witness/es) that
there is probable cause to believe that (state the probable offense involved) has
been committed, is being committed or is about to be committed, a Warrant to
Intercept Computer Data (WICD) is hereby ISSUED, in accordance with the
provisions of Section 5 of A.M. No. ___ entitled the "Rule on Cybercrime
Warrants".

WHEREFORE, by virtue of this WICD, you are hereby AUTHORIZED to

listen to, record, monitor, and/or conduct surveillance of (particular
description of the communications and/or computer data sought to be
intercepted), which are communications or computer data of (names of the
individuals or entities whose communication or computer data are sought to be
intercepted, including the names of the individuals or entities who have
control, possession or access thereto, if available).

(In the judge's discretion, indicate other terms to attend the

implementation of the WICD as may be gathered from the warrant application,
such as the place where the interception is to be enforced, the manner or
method by which the interception is to be carried out, and other relevant
terms, subject to the limitations imposed by law.)

The authorized law enforcement officer is COMMANDED to submit a return

on the WICD and simultaneously turn-over the custody of the intercepted
communication or computer data to the undersigned, as well as notify the
person whose communications or computer data have been
intercepted of the activities conducted pursuant to this warrant, within the
periods and under the terms prescribed in the Rule on Cybercrime Warrants.
 Fail not under penalty of law.

Witness my hand this ___day of ___, in the City _________, Philippines

ISSUING JUDGE
Annex C- Warrant to Search, Seize and Examine Computer Data (WSSECD)

Republic of the Philippines

Regional Trial Court
Branch

Re: Application for a Warrant to Search, WSSECD No.

_______
Seize, and Examine Computer Data under
Section 15 of Republic Act No. 10175

NAME OF APPLICANT,
Applicant.
x x

WARRANT TO SEARCH, SEIZE AND EXAMINE COMPUTER DATA

To the law enforcement authorities:

Greetings:

It appearing to the satisfaction of the undersigned after examining under

oath (name of applicant) and his/her witness/es (name/s of witness/es) that
there is probable cause to believe that (state the probable offense involved) has
been committed, is being committed or is about to be committed, a Warrant to
Search, Seize, and Examine Computer Data (WSSECD) is hereby ISSUED, in
accordance with the provisions of Section 6 of A.M. No. entitled the "Rule
on Cybercrime Warrants".
WHEREFORE, by virtue of this WSSECD, you are hereby AUTHORIZED to
search, seize, and examine (particular description of the computer data sought
to be searched, seized, and examined, and all other items related thereto),
which are computer data and/or items of (names of the individuals or entities
whose computer data and/or items are sought to be searched, seized, and
examined, including the names of the individuals or entities who have control,
possession or access thereto, if available), as well as conduct the allowable
activities stated in Section 6.5 of the Rule on Cybercrime Warrants during the
implementation of this warrant.
(In the judge's discretion, indicate other terms to attend the
implementation of the WSSECD as may be gathered from the warrant
application, such as the place where the search and seizure is to be enforced,
the search and seizure strategy to be implemented, including a projection of
whether or not an off-site or on-site search will be conducted, taking into
account the nature of the computer data involved, the computer or computer
system 's security features, and/or other relevant circumstances, if such
information is available, and other relevant terms, subject to the limitations
imposed by law.)
 The authorized law enforcement officer is COMMANDED to submit an
initial return, and thereafter, a final return on the WSSECD together with the
simultaneous turn-over of the custody of the items searched, seized, and
examined pursuant to this warrant, within the periods and under the terms
prescribed in the Rule on Cybercrime Warrants.

Fail not under penalty of law.

Witness my hand this ___day of ___, in the City ________, Philippines

ISSUING JUDGE

Annex D- Warrant to Examine Computer Data (WECD)

Republic of the Philippines

Regional Trial Court
Branch

Re: Application for a Warrant to Examine WECD No.

________
Computer Data under Section 15 of Republic Act No. 10175

NAME OF APPLICANT,
Applicant.
x x

WARRANT TO EXAMINE COMPUTER DATA

To the law enforcement authorities:

Greetings:

It appearing to the satisfaction of the undersigned after examining under

oath (name of applicant) and his/her witness/es (name/s of witness/es) that
the possession of the computer device or computer system as particularly
described below has been lawfully acquired, and that there is probable cause
to believe that (state the probable offense involved) has been committed, is
being committed or is about to be committed, a Warrant to Examine Computer
Data (WECD) is hereby ISSUED, in accordance with the provisions of Section 6
of A.M. No. ___ , entitled the "Rule on Cybercrime Warrants".

WHEREFORE, by virtue of this WECD, you are hereby AUTHORIZED to

search (particular description of the computer device or computer system
containing the computer data sought to be examined), which possession was
acquired via (state the circumstances surrounding the lawful acquisition of the
computer device or computer system), and thereafter, obtain (particular
description of the computer data sought to examined) for the conduct of
forensic examination, as well as intercept communications and computer data
during the implementation of the WECD under the same conditions stated in
Section 6.5 of the Rule on Cybercrime Warrants.

(In the judge's discretion, indicate other terms to attend the

implementation of the WECD as may be gathered from the warrant application,
such as the place where the search of the computer device or computer
system, and the subsequent examination of the computer data contained
therein are to be conducted, and other relevant terms, subject to the
limitations imposed by law.)
The authorized law enforcement officer is COMMANDED to submit an
initial return, and thereafter, a final return on the WECD together with the
simultaneous turn-over of the custody of the items searched and examined
pursuant to this warrant, within the periods and under the terms prescribed in
the Rule on Cybercrime Warrants.

Fail not under penalty of law.

Witness my hand this ___day of ___, in the City ________, Philippines

ISSUING JUDGE
BASIC LAW IN ENVIRONMENTAL CRIMES
BLUE LAW
GREEN LAW
BROWN LAW
 Environmental crimes are on the rise. It can be broadly defined as illegal
acts which directly harm the environment. It is commonly acknowledged that
these crimes lead to habitat loss, environmental damage, and ongoing
pollution. To address these global environmental issues and problems, various
laws have been enacted and rules and regulations have been issued to protect
the environment and regulate the development and use of natural resources.
Standards and requirements have likewise been imposed on activities affecting
the environment, with corresponding penalties for those who would violate the
same.
The basic environmental law plays a huge part in protecting humans,
animals, resources, and habitats. Without these laws, there would be know
regulations concerning pollution, contamination, hunting, or even response to
disasters. This environmental law works to protect also the land, air, water,
and soil. Negligence of these laws results in various punishments like fines,
community service, and in some extreme cases, jail time. Without these
environmental laws, the government would not be able to punish those who
treat the environment poorly.
Some environmental crimes may include but not limited to:
1. Littering
2. Improper Waste Disposal
3. Dumping into oceans, streams, lakes, or rivers.
4. Burning Garbage

CLASSIFICATION OF ENVIRONMENTAL LAWS

1. Blue Laws – refer to law which deal with the protection, conservation
and utilization of waters, marine life, and aquatic resources. Blue laws
encompass both in land waters such as rivers, lakes, and streams, and
the seas and oceans, whether part of the country’s territory or not.

a.) Republic Act 8550- The Philippine Fisheries Code of 1998 amended by
REPUBLIC ACT NO. 10654
b.) Republic Act 4850- Laguna Lake Development Authority (LLDA) Act
Most Common Violations Under the Philippine Fisheries Code
A.) Poaching (Section 87)- This is simply the fishing by foreigners or by a
foreign vessel within Philippine territory. The law only allows Filipinos to use
and benefit from the marine resources of the country.
Philippine Waters- include all bodies of water within the Philippine territory
such as lakes, rivers, streams, creeks, etc. The Philippines has sovereignty and
jurisdiction including the 200-nautical miles Exclusive Economic Zone and the
continental shelf.
B.) Fishing through illegal means- this is done through any of the following:
 use or possession of explosives, noxious and poisonous substances, and
electricity
 use of fine mesh net except for certain species (Section 89);
 use of active fishing gear
  fishing with gear or method that destroys coral reefs and other marine
habitats, such as muro-ami
 use of superlight (Section93).
Superlight- also called magic light, refers to a type of light using halogen or
metal halide bulb which may be located above the sea surface or submerged in
the water. The source of energy comes from a generator, battery or dynamo
coupled with the main engine.
C.) Fishing in prohibited and restricted areas- This type of violation can be
any one of the following:
 commercial fishing in overexploited areas (Section 86);
 fishing in overfished areas and during closed season (Section 95);
 fishing in areas declared as fishery reserves, refuges, and sanctuaries
(Section 96);
 violation of catch ceiling (Section 101).
D.) Illegal gathering, possessing, catching, and selling of certain marine
species- The violations covered here are the following:
 gathering, sale or export of precious and semi-precious corals (Section 91);
 gathering, selling, or exporting white sand, silica, pebbles, and other
substances of the marine habitat (Section 92);
 fishing of rare, threatened, and endangered species (Section 97).
E.) Aquatic Pollution (Section 102)- the introduction by human or machine,
of substances to the aquatic environment which result to deleterious effects as
to harm the marine environment and human health.
F.) Construction and operation of fish pens without license/permit and
obstruction to navigation or flow and ebb of tide in any stream, river,
lake, or bay- These two forms of violations can directly or indirectly cause
pollution of waterways, siltation, and flooding. The natural flow of the rivers
and other bodies of water needs to be maintained in order to ensure the
continued ecological balance of the same.
NOTE: The discovery of any person in possession of a fishing gear or operating
a fishing vessel in a fishing area where he has no license or permit shall
constitute & prima facie presumption that the person is engaged in
unauthorized fishing:
Provided, that fishing for daily food sustenance or for leisure which is not
for commercial, occupation or livelihood purposes may be allowed.
2. Green Law- are those that deal with the protection, conservation, utilization,
and development of forests, other land-based natural resources, and wildlife.
a.) Presidential Decree 705- Revised Forestry Code
b.) Republic Act 9175- Chain Saw Act of 2002
c.) Republic Act 9147- Wildlife Resources Conservation and Protection Act
d.) Republic Act 7586- National Integrated Protected Areas System (NIPAS)
Act
e.) Republic Act No. 7942- Mining Act of 1995
d.) Republic Act No. 7076- People’s Small-Scale Mining Act.
Most Common Violations under RA 9175 and PD 705
  Illegal logging (Section 77, PD No. 705)- This is the cutting, gathering,
or collecting timber or other forest products without the necessary permit
from the government.
 Unlawful occupation or destruction of forest and grazing lands
(Section 78, PD No. 705)- a person unlawfully or illegally enters, stays,
and occupies forest or grazing land, or destroys the same. The usual
violators are the Kaingeros the slash and burn farmers. This can also be
violated through illegal mining and illegal forest settling.
I. Dipterocarp forest- dominated by trees of the dipterocarp species, such
as red lauan, tengile, tiaong, white lauan, almon, bagtikan, and mayapis.
II. Alienable and disposable lands- refer to those lands of the public
domain which have been the subject of the present system of
classification and declared as not needed for forest purposes.
III. Forest lands- include the public forest, the permanent forest or forest
reserves, and forest reservations.
IV. Grazing lands are lands where grass or grass- like vegetation grows
and is the dominant form of plant life, and used mainly for animal
production.
Points to consider
 Trees on private lands: There is no cutting permit required for ordinary
species (DMC# 97-23 & DMC# 99-20. Sec.2). Ordinary species are
species which are not premium/endemic hardwoods.
 Up to 10 trees may be cut within a private property without a permit.
DENR approval is required if more than 10 trees are involved.
 Civil Code of the Philippines that states. “Article 680. If the branches of
any tree should extend over a neighboring estate, tenement, garden or
yard, the owner of the latter shall have the right to demand that they be
cut off insofar as they may spread over his property, and, if it be the
roots of a neighboring tree which should penetrate into the land of
another, the latter may cut them off himself within his property.”
 Actual Unlawful Use of Chain Saw. – Any person who is found to be in
possession of a chain saw and uses the same to cut trees and timber in
forest land or elsewhere except as authorized by the Department shall be
penalized with imprisonment of six (6) years and one (1) day to eight (8)
years or a fine of not less than thirty thousand pesos(P30,000.00) but
not more than fifty thousand pesos (P50,000.00).
 The chain saw unlawfully used shall be likewise confiscated in favor of
the government.
Persons Authorized to Possess and Use a Chain Saw
a.) with timber license agreement- A long-term license executed between the
Secretary of the DENR and the grantee for the harvesting and removal from the
public forest of timber and, in appropriate cases, also of other forest products
b.) is an orchard and fruit tree farmer- An orchard is an intentional
plantation of trees or shrubs that is maintained for food production.
c.) industrial tree farmer- a person who plants and harvests trees for
commercialization
d.) is a licensed wood processor and the chain saw shall be used for the cutting
of timber that has been legally sold
e.) shall use the chain saw for a legal purpose.
RA 9147: The Wildlife Conservation Act
This is the primary law governing the protection of wildlife and their
habitats. The law covers all wildlife species found in all areas of the country,
including protected areas and critical habitats. It shall also apply to exotic
species which are subject to trade, are cultured, maintained, and/or bred in
captivity or propagated in the country.
Most Common Violations under RA 9147
a.) Killing and destroying wildlife species (Section 27[a])- inflicting injury
which cripples and/or impairs the reproductive system of wildlife species
(Section 27[b]), gathering or destroying active nests, nest trees, and host plants
(Section 27[g]); and maltreating and inflicting other injuries (Section 27[h]).
b.) Trading (Section 27[e]) and collecting, hunting, or possessing- this refers
to the acts of selling or buying, collecting, hunting, or possessing wildlife
species.
c.) Committing certain acts in critical habitats (Section 27[c])- This takes
place when one of the following is committed in a declared critical habitat: 1.)
dumping of waste products detrimental to wildlife; 2.) occupying any portion of
the habitat; 3.) mineral exploration and extraction; 4.) burning; 5.) logging; 6.)
quarrying.
d.) Transporting of wildlife (Section 27[i])- This is committed when wildlife
species are transported without the necessary permits, papers, and
documentation from the DENR.
Exemptions:
 religious ritual;
 the animal is afflicted with an incurable communicable disease;
 necessary to end misery of the wildlife;
 done to prevent imminent danger to the life or limb of a human being; or
 killed or destroyed after it has been used in authorized research or
experiment.
Note: Wildlife may be destroyed, killed, consumed, eaten or otherwise disposed
of, without the necessity permit, for the protection of life, health, safety and
property, and the convenience of the people.
Gratuitous permit- means permit issued to any individual or entity engaged in
noncommercial scientific, or educational undertaking to collect wildlife;
RA 7586: National Integrated Protected Areas System (NIPAS) Act- serves
as the basis for 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.
Republic Act No. 110388 amended Republic Act No. 7586. Establishment of
94 protected areas classifies as National. Known as EENIPAS law.
Kinds of Protected Areas (Section 3, RA No. 7586)
1. Strict nature reserve;
2. Natural Park;
3. Natural monument- 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;
5. Protected landscapes and seascapes;
6. Resource reserve;
7. Natural biotic areas- is an area set aside to allow the way of life of societies
living in harmony with the environment to adapt to modern technology at their
pace; and
8. Other categories established by law, conventions or international agreements
which the Philippine Government is a signatory.
Most Common Violations under NIPAS Law
 Hunting, destroying, disturbing, or mere possession of plants or
animals without permits issued by the Protected Area Management Board
(PAMB).
 Dumping of waste products (Section 20[b]), destroying objects of
natural beauty or of interest too cultural communities, leaving refuse
and debris
Philippine Mining Act of 1995 and the People’s Small-Scale Mining Act
The laws that primarily govern mining activities in the Philippines.
Large-scale mining operations- or those done with the use of heavy
equipment and machineries, are primarily under the control and supervision of
the DENR and the Mines and Geosciences Bureau (MGB).
Small scale mining- those done with small or artisanal tools, is generally
regulated and under the supervision of the DENR and the local government
units (LGUs), through the specific Provincial/City Mining Regulatory Boards
(P/CMRBs).
Common Violation under the Mining Laws
 Causing pollution by willfully violating or grossly neglecting the
environmental compliance certificate (ECC) (Section 108, RA No.
7942)
 Accomplishment of environmental impact assessment (EIA),
environmental impact statement (EIS)- will identify potential impacts of
mining in a given area, identify how the operation will be done, propose
mitigation measures, and provide for a rehabilitation and restoration
plan.
 An ECC is then issued if the mining company complies with the
requirements of the EIS process.
3. Brown Law – refer to laws and rules which deal with pollution control and
the regulation of activities which could affect the environment. These laws and
rules include those which control hazardous and toxic waters and chemicals,
solid waste management, and rules on the conduct of environmental impact
assessments.
a.) Republic Act 6969- The Toxic Substances and Hazardous and Nuclear
Wastes Control Act of 1990
b.) Republic Act No. 8749- Philippine Clean Air Act 1999
c.) Republic Act No. 9275- Philippine Clean Water Act of 2004
d.) Republic Act No. 9003- Ecological Solid Waste Management Act of 2000

RA 6969- The Toxic Substances and Hazardous and Nuclear Wastes

Control Act of 1990
 This law was enacted to regulate, restrict, or prohibit the importation,
manufacture, processing, sale, distribution, use and disposal of chemical
substances and mixtures that present unreasonable risk and/or injury to
health or environment.
 The law covers the importation, manufacture, processing, handling, storage,
transportation, sale, distribution, use and disposal of all unregulated
chemical substances and mixtures in the Philippines, including the entry,
even in transit, as well as the keeping or storage and disposal of hazardous
and nuclear wastes into the country for whatever purpose.
RA No. 8749: Philippine Clean Air Act of 1999- This is the law that primarily
governs and regulates air quality in the Philippines. The law specifically
punishes the following act:
Violation of standards for stationary sources and motor vehicles (Sections 45
and 46): RA No. 8749 provides for emission and other standards which
stationary sources (such as factories) and mobile sources (such as motor
vehicles) must follow and comply with. It provides for a system of permits,
quotas, and financial liability for environmental rehabilitation.
RA No.9275: Philippine Clean Water Act of 2004-The primary and most
recent law dealing with water resources and water pollution. The law
specifically punishes the following act:
a. Water Pollution- This kind of violation specifically includes pollution of
water body (Section 27[a]); groundwater pollution (Section 27[b]);
chemical dumping (Section 27[f]); and illegal discharge (Section
27[i]).
RA No. 9003, or the Ecological Solid Waste Management Act of 2000
b. This is the law which primarily waste management in the Philippines.
One of its declared policies is to 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.
Punishable Acts
c. Illegal dumping and disposal of wastes: This includes littering (Section
48[1]), open burning of solid waste (Section 48[3]), and dumping in flood
prone areas (Section 48[6]).
d. Illegal dumpsites and waste disposal facilities: This includes establishing
and operating open dumps (Section 48[9]) and construction and
operation of a landfill near a watershed, reservoir, or aquifer (Section
48[16]).
ENFORCEMENT AGENCIES
Blue Laws Enforcement Agencies
1. Bureau of Fisheries and Aquatic Resources ((BFAR)- is the government
agency responsible for the development, improvement, management and
conservation of the country’s fisheries and aquatic resources. The BFAR is the
lead agency in terms of enforcement of fisheries laws outside of the municipal
waters, wherein it is the LGUs who have jurisdiction. The bureau is under the
Department of Agriculture as marine resources are seen to relate more to the
food security needs of the nation.
2. Philippine Coast Guard (PCG)- In general, its functions include maritime
search and rescue, law enforcement, safety and security, and environmental
protection. Under the Department of Transportation and Communications
(DOTC). It is the primary law enforcement agency when it comes to maritime
related-matters.
3. Philippine National Police-Maritime Group (PNP-MG)- is a National
Operational Support Unit of the Philippine National Police mandated to perform
all police functions over Philippine Waters. This includes: To enforce the law,
prevent and control crimes, maintain peace and order, ensure public safety
and internal security over Philippine islands, coastal areas, ports and harbors
too protect and sustain the development of the maritime environment.
Green Laws Enforcement Agencies
1. Department of Environment and Natural Resources (DENR)- the national
government agency which primarily deals with the environment and the prime
agency responsible for the conservation, management, development, and
proper use of the country’s environment and natural resources.
2. Forest Management Bureau (FMB)- a DENR unit which handles matters
relating to forest development and conservation.
3. Land Management Bureau (LMB)- is primarily tasked with matters relating
to the rational classification, management, and disposition of lands. Also, it
assists in the monitoring and evaluation of land surveys, management, and
disposition of lands to ensure efficiency and effectiveness; and issue standards,
guidelines, regulations, and orders to enforce policies for maximum land use
and development.
4. The Parks and Wildlife Bureau (PAWB)- A DENR unit primarily tasked to
handle matters relating to the protection and conservation of wildlife and
natural reserves and other protected areas.
5. The Mines and Geosciences Bureau (MGB)- is the lead DENR unit which
handles matters pertaining to geology and mineral resources exploration,
development, and conservation.
6. National Bureau of Investigation-Environmental and Wildlife Protection
Investigation Division (NBI-EWWPID)- its role is the establishment and
maintenance of a modern, effective and efficient investigative service and
research agency. It investigates crimes and other offenses against the law, both
on its own initiative and as public interest may require.
Brown Laws Enforcement Agencies
1. Environmental Management Bureau (EMB)- is the primary DENR unit
which deals with matters pertaining to environmental management,
conservation, and pollution control.
2. Other agencies that handle waste management

PHILIPPINE CLEAN AIR ACT OF 1999

(REPUBLIC ACT 8749)
INTRODUCTION

The passage of the Philippine Clean Air Act (RA 8749) on June 23, 1999,
provides for a comprehensive air pollution control policy, as it outlines the
government’s measures to reduce air pollution by including environmental
protection activities into its development plans. It has adopted the “polluters
pay principle” and other market-based instruments to promote self-regulation
among the population. Emission standards are set for all motor vehicles and
had issued pollutant limitations among industries. The Department of
Environment and Natural Resources through its Environmental Management
Bureau (DENR-EMB) is leading the strict implementation of the Clean Air Act.
Republic Act 8749, otherwise known as Philippine Clean Air Act of 1999
is a comprehensive air quality management policy and program which aim to
achieve and maintain healthy for all Filipino.
Clean Air Act is the constitutional law designed to make sure that all
Filipinos have air that is safe to be breathe.
It seeks to protect our environment from damage caused by air pollution.
Section 2. Declaration of Principles.

 The State shall protect and advance the right of the people to a balanced
and healthful ecology in accord with the rhythm and harmony of nature.
 The State shall protect and advance the right of the people to a balanced
and healthful ecology in accord with the rhythm and harmony of nature.
 The State recognizes that the responsibility of cleaning the habitat and
environment is primarily area-based.
 The State also recognizes the principle that "polluters must pay".
 Finally, the State recognizes that a clean and healthy environment is for
the good of all and should therefore be the concern of all.

Section 3. Declaration of Policies The State shall pursue a policy of

balancing development and environmental protection. To achieve this end, the
framework for sustainable development shall be pursued. It shall be the policy
of the State to:

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 though 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 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 impact of a project, program or activity.
This shall include the setting up of a funding or guarantee
mechanism for clean-up and environmental rehabilitation and
compensation for personal damages.

Section 4. Recognition of Rights. Pursuant to the above-declared

principles, the following rights of citizens are hereby sought to be recognized
and the State shall seek to guarantee their enjoyment:

a) The right to breathe clean air;

b) The right to utilize and enjoy all-natural resources according to the

principle of sustainable development;

c) The right to participate in the formulation, planning, implementation and

monitoring of environmental policies and programs and in the decision-
making process;

d) The right to participate in the decision-making process concerning

development policies, plans and programs projects or activities that may
have adverse impact on the environment and public health;

e) The right to be informed of the nature and extent of the potential hazard of
any activity, undertaking or project and to be served timely notice of any
significant rise in the level of pollution and the accidental or deliberate
release into the atmosphere of harmful or hazardous substances;

f) The right of access to public records which a citizen may need to exercise
his or her rights effectively under this Act;

g) The right to bring action in court or quasi- judicial bodies to enjoin all
activities in violation of environmental laws and regulations, to compel the
rehabilitation and cleanup of affected area, and to seek the imposition of
penal sanctions against violators of environmental laws; and

h) The right to bring action in court for compensation of personal damages

resulting from the adverse environmental and public health impact of a
project or activity.

Section 8. Air Quality Control Action Plan. Within six (6) months after
the formulation of the framework, the Department shall, with public
participation, formulate and implement an air quality control action plan
consistent with Section 7 of this Act. The action plan shall:
a) Include enforceable emission limitations and other control measures, as well as
schedules and time tables for compliance

b) Provide for the establishment and operation of appropriate devices, methods,

systems and procedures necessary to monitor, compile and analyze data on
ambient air quality;

c) Include a program to provide for the following:(1) enforcement of the measures

described in the subparagraph (a); (2) regulation of the modification and
construction of any stationary source within the areas covered by the plan

d) Contain adequate provisions

e) Include control strategies and control measures to be undertaken within a

specified time period, including cost-effective use of economic incentives,
management strategies, collection action, and environmental education and
information;

f) Designate airsheds; and

g) All other measures necessary for the effective control and abatement of air
pollution.

Section 9. Airsheds. Pursuant to Section 8 of this Act, the designation of

airsheds shall be on the basis of, but not limited to, areas with similar climate,
meteorology and topology which affect the interchange and diffusion of
pollutants in the atmosphere, or areas which share common interest or face
similar development programs, prospects or problems.

To effectively carry out the formulated action plans, a Governing Board is

hereby created, hereinafter referred to as the Board.

The Board shall be headed by the Secretary of the Department of Environment

and Natural Resources as chairman. The members shall be as follows:

a) Provincial Governors from areas belonging to the airshed;

b) City/Municipal Mayors from areas belonging to the airshed;
c) A representative from each concerned government agency;
d) Representatives from people's organizations;
e) Representatives from nongovernment organizations; and
f) Representatives from the private sector.
The Board shall perform the following functions:
a) Formulation of policies;
b) Preparation of a common action plan;
c) Coordination of functions among its members; and
d) Submission and publication of an annual Air Quality Status Report
for each airshed.

Upon consultation with appropriate local government authorities, the

Department shall, from time to time, revise the designation of airsheds utilizing
eco-profiling techniques and undertaking scientific studies.
 Emissions trading may be allowed among pollution sources within an
airshed.

Section 16. Permits. Consistent with the provisions of this Act, the
Department shall have the authority to issue permits as it may determine
necessary for the prevention and abatement of air pollution.

Said permits shall cover emission limitations for the regulated air pollutants to
help attain and maintain the ambient air quality standards

Section 20. Ban on Incineration. Incineration, hereby defined as the

burning of municipal, bio-medical and hazardous wastes, which process emits
poisonous and toxic fumes, is hereby prohibited: Provided, however, That the
prohibition shall not apply to traditional small-scale method of
community/neighborhood sanitation "siga", traditional, agricultural, cultural,
health, and food preparation and crematoria: Provided, further, That existing
incinerators dealing with bio-medical wastes shall be phased out within three
(3) years after the effectivity of this Act: Provided, finally, That in the interim,
such units shall be limited to the burning of pathological and infectious
wastes, and subject to close monitoring by the Department.

Section 31. Greenhouse Gases. The Philippine Atmospheric, Geophysical

and Astronomical Service Administration (PAGASA) shall regularly monitor
meteorological factors affecting environmental conditions including ozone
depletion and greenhouse gases and coordinate with the Department in order
to effectively guide air pollution monitoring and standard-setting activities.
The Department, together with concerned agencies and local government units,
shall prepare and fully implement a national plan consistent with the United
Nations Framework Convention on Climate Change and other international
agreements, conventions and protocols on the reduction of greenhouse gas
emissions in the country.
Section 34. Lead Agency. - The Department, unless otherwise
provided herein, shall be the primary government agency responsible for the
implementation and enforcement of this Act. To be more effective in this
regard, the Department's
Environmental Management Bureau (EMB) shall be converted from a staff
bureau to a line bureau for a period of no more than two (2) years, unless a
separate, comprehensive environmental management agency is created.

Section 36. Role of Local Government Units. - Local government

units (LGUs) shall share the responsibility in the management and
maintenance of air quality within their territorial jurisdiction.

The Department shall 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.

Section 41. Citizen Suits. - For purposes of enforcing the provisions

of this Act or its implementing rules and regulations, 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
or its implementing rules and regulations; or
 b) The Department or other implementing agencies with respect to orders,
rules and regulations issued inconsistent with this Act, and/or

c) Any public officer who willfully or grossly neglects the performance of an

act specifically enjoined as a duty by this Act or its implementing rules and
regulations; or abuses his authority in the performance of his duty; or, in
any manner, improperly performs his duties under this Act or its
implementing rules and regulations: Provided, however, That no suit can be
filed until after thirty-day (30) notice has been given to the public officer and
the alleged violator concerned and no appropriate action has been taken
thereon.

The court shall exempt such action from the payment of filing fees, except fees
for actions not capable of pecuniary estimations, and shall, likewise, upon
prima facie showing of the non-enforcement or violation complained of, exempt
the plaintiff from the filing of an injunction bond for the issuance of a
preliminary injunction.

Within thirty (30) days, the court shall make a determination if the complaint
herein is malicious and/or baseless and shall accordingly dismiss the action
and award attorney's fees and damages.

Section 43. Suits and Strategic Legal Actions Against Public

Participation and the Enforcement of this Act. Where a suit is brought
against a person who filed an action as provided in Section 41 of this Act, or
against any person, institution or government agency that implements this Act,
it shall be the duty of the investigating prosecutor or the court, as the case may
be, to immediately make a determination not exceeding thirty (30) days
whether said legal action has been filed to harass, vex, exert undue pressure or
stifle such legal recourses of the person complaining of or enforcing the
provisions of this Act. Upon determination thereof, evidence warranting the
same, the court shall dismiss the case and award attorney's fees and double
damages.

This provision shall also apply and benefit public officers who are sued for acts
committed in their official capacity, there being no grave abuse of authority,
and done in the course of enforcing this Act.

Section 45. Violation of Standards for Stationary Sources. - For

actual exceedance of any pollution or air quality standards under this Act or its
rules and regulations, the Department, through the Pollution Adjudication
Board (PAB), shall impose a fine of not more than One hundred thousand
pesos (Php100,000.00) for every day of violation against the owner or operator
of a stationary source until such time that the standards have been complied
with. For purposes of the application of the fines, the PAB shall prepare a fine
rating system to adjust the maximum fine based on the violator's ability to pay,
degree of willfulness, degree of negligence, history of noncompliance and degree
of recalcitrance: Provided, That in case of negligence, the first time offender's
ability to pay may likewise be considered by the Pollution Adjudication Board:
Provided, further, That in the absence of any extenuating or aggravating
circumstances, the amount of fine for negligence shall be equivalent to one-half
of the fine for willful violation. The fines herein prescribed shall be increased by
at least ten percent (10%) every three (3) years to compensate for inflation and
to maintain the deterrent function of such fines.

In addition to the fines, the PAB shall order the closure, suspension of
development, construction, or operations of the stationary sources until such
time that proper environmental safeguards are put in place: Provided, that an
establishment found liable for a third offense shall suffer permanent closure
immediately.

Section 47. Fines and Penalties for Violations of Other Provisions in

the Act. - For violations of all other provisions provided in this Act and of the
rules and regulations thereof, a fine of not less than Ten thousand pesos
(Php10,000.00) but not more than One hundred thousand pesos
(Php100,000.00) or six (6) months to six (6) years imprisonment or both shall
be imposed. If the offender is a juridical person, the president, manager,
directors, trustees, the pollution control officer or the officials directly in charge
of the operations shall suffer the penalty herein provided.

Section 48. Gross Violations. - In case of gross violation of this Act or its
implementing rules and regulations, the PAB shall recommend to the proper
government agencies to file the appropriate criminal charges against the
violators. The PAB shall assist the public prosecutor in the litigation of the
case. Gross violation shall mean (a) three (3) or more specific offenses within
a period of (1) year, (b) three (3) or more specific offenses within three (3)
consecutive years; (c) blatant disregard of the orders of the PAB, such as but
not limited to the breaking of seal, padlocks and other similar devices, or
operating despite the existence of an order for closure, discontinuance or
cessation of operation; and (d) irreparable or grave damage to the environment
as a consequence of any violation or omission of the provisions of this Act.

Offenders shall be punished with imprisonment of not less than six (6) years
but not more than ten (10) years at the discretion of the court. If the offender
is a juridical person, the president, manager, directors, trustees, the pollution
control officer or the officials directly in charge of the operations shall suffer the
penalty herein provided.
REPUBLIC ACT 9275: PHILIPPINE CLEAN
WATER ACT
INTRODUCTION:
RA 9275: The Philippine Clean Water Act

What is Clean Water Act?

The Philippine Clean Water Act of 2004 (Republic Act No. 9275) aims to protect
the country’s water bodies from pollution from land-based sources (industries
and commercial establishments, agriculture and community/household
activities). It provides for a comprehensive and integrated strategy to prevent
and minimize pollution through a multi-sectoral and participatory approach
involving all the stakeholders.

Republic Act No. 9275, also known as the Philippine Clean Water Act, was
enacted in 2004 to protect and promote the sustainable use of the country's
water resources. This comprehensive environmental law aims to ensure the
cleanliness and usability of Philippines' water bodies for the benefit of present
and future generations.

Purpose Aims to protect the country’s water bodies from pollution from land-
based sources.

Coverage of the Act

All water bodies (natural and manmade) bodies of fresh, brackish, and saline
waters and includes but not limited to aquifers, ground water, springs,creeks,
streams, rivers, ponds, lagoons, water reservoirs, lakes, bays, estuarine,
coastal and marine waters; Primarily applies to abatement and control of
pollution from land based sources.
DISCUSSIONS:
Declaration of Policy
a) To streamline processes and procedures in the prevention, control and
abatement of pollution of the country's water resources;
b) To promote environmental strategies, use of appropriate economic
instruments and of control mechanisms for the protection of water
resources;
c) To formulate a holistic national program of water quality management
that 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 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.
Salient Features of The Clean Water Act of 2004 RA 9275

The Clean Water Act, officially known as Republic Act No. 9275, is a Philippine
legislation enacted in 2004. It serves as the primary law governing water
quality management and the protection of the country's water resources. The
key points and salient features of the law include:
1. Water quality standards: The Clean Water Act sets forth water quality
criteria to maintain and improve the quality of water bodies in the Philippines.
It establishes the general policies and mechanisms for achieving and
maintaining good water quality.
2. Water quality management areas (WQMAs): The law establishes WQMAs,
which are specific water bodies or areas that require special attention and
regulation due to water quality degradation or the potential for such
degradation. These areas are selected based on scientific data and are
subjected to stricter monitoring and management measures.
3. Watershed-based approach: The law promotes a watershed-based approach
to water quality management. It emphasizes the importance of protecting and
rehabilitating watersheds, which are crucial for maintaining the quality and
quantity of water resources.
4. Water quality monitoring and assessment: The law mandates the regular
monitoring and assessment of water quality in different water bodies across the
country. Monitoring programs are implemented by government agencies and
local government units to ensure compliance with the established water quality
standards.
5. Pollution control programs: The Clean Water Act requires the formulation
and implementation of pollution control programs by local government units
and establishments. These programs include the prevention, reduction, and
control of pollution from point sources (such as industries and factories) and
non-point sources (such as agricultural run-offs).
6. Sewerage and septage management: The law promotes the establishment
and maintenance of proper sewerage and septage management systems. It
encourages the use of sewerage systems to treat wastewater and the proper
disposal of septage to prevent the contamination of water bodies.
7. Penalties and enforcement: The law imposes penalties for violations, such as
fines, imprisonment, or both. It also provides for the creation of monitoring and
enforcement mechanisms, including the establishment of the Environmental
Violations Monitoring System (EVMS) to ensure compliance with the law.
8. Stakeholder participation: The Clean Water Act emphasizes the involvement
of stakeholders, including government agencies, local government units,
communities, and the private sector, in water quality management programs. It
recognizes the importance of collaboration and cooperation among these
stakeholders to achieve sustainable water resources management.
Overall, the Clean Water Act aims to protect and improve the quality of water
resources in the Philippines through comprehensive water quality
management, pollution control, and sustainable practices. By implementing
the provisions of the law, the government aims to ensure the availability of
clean and safe water for present and future generations.
R.A 9275 SEC (22)
Who should implement the Clean Water Act ?
The DENR is the primary government agency responsible for the
implementation and enforcement of this Act , with the support of other
government organizations ,local government units,non - government
organizations and the private sector.
Towards this end , the DENR will review and set affluent standards , review
and enforce water quality guidelines , classify groundwater sources and
prepare a national groundwater vulnerability map , classify or redassify water
bodies , establish internationally accepted procedures for sampling and
analysis , prepare an integrated water quality management framework and
subsequently prepare 10 - year management plans for each water management
area .

Other implementing government agencies in support of the Act :

1. Department of Environment and Natural Resources ( DENR ) act as
overall of the lead agency : prepare a National Water Quality Status Report ;
issue rules and regulations in the implementation of the Act .

2.PHIL. COAST GUARD

Enforced of water Quality standards in marine waters, specifically from
offshore source.
shall enforce standards and regulations in offshore areas including the
discharge of wastewater by ships ; together with the DA shall enforce water
quality standards in marine waters .
3. DPWH
Provision of sewerage and sanitation facilities and the efficient and safe
collection, treatment and disposal of sewage. Department of Public Works and
Highways ( DPWH ) together with the DENR and LGUs shall prepare a national
program on sewerage and septage management .

4. DEPARTMENT OF AGRICULTURE
Shall develop guidelines for re - use of wastewater for irrigation purposes or as
soil conditioner or fertilizer ; together with the PCG shall enforce water quality
standards in marine waters.

5. DOH (DEPARTMENT OF HEALTH)

shall provide specific health criteria and data related to the promulgation ,
revision and enforcement of drinking water quality standards.

6. DOST
Prepare a program for the evaluation verification development and public
dissemination of pollution prevention and cleaner production technologies.

7. Department of Education ( DepEd ) , Commission on Higher Education

( CHED ) , Department of Interior and Local Governments ( DILG ) and the
Philippine Information Agency ( PIA ) - shall prepare and implement a
comprehensive and continuing public education and information program
Responsible for preparation and implementation of a comprehensive program
pursuant to the objectives of the act.

8. Department of Energy ( DOE ) - with the DENR shall formulate water quality
criteria and standards specifically for geothermal exploration that encounters
re - injection constraints , that provides adequate protection to other users of
water bodies downstream of the geothermal project.

9.Metropolitan Waterworks and Sewerage System ( MWSS ) and Local Water

Utilities Authority ( LWUA ) -shall contribute inputs relative to the
responsibilities of concessionaires and water districts in sewerage , septage and
sanitation management .

Prohibited acts under R.A. 9275

SECTION 27. Prohibited Acts

a) Discharging, depositing or causing to be deposited material of any kind directly

or indirectly into the water bodies or along the margins of any surface water,
where, the same shall be liable to be washed into such surface water, either by
tide action or by storm, floods or otherwise, which could cause water pollution
or impede natural flow in the water body;
b) 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
reinjection of geothermal liquids may be allowed: Provided, That safety
measures are adopted to prevent the contamination of the groundwater;
 c) 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;
d) 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;
e) Unauthorized transport or dumping into sea waters of sewage sludge or solid
waste as defined under Republic Act No.9003;
f) Transport, dumping or discharge of prohibited chemicals, substances or
pollutants listed under Republic Act No.6969;
g) Operate facilities that discharge or allow to seep, willfully or through gross
negligence, prohibited chemicals, substances or pollutants listed under R. A.
No. 6969 into water bodies or wherein the same shall be liable to be washed
into such surface, ground, coastal, and marine water;
h) Undertaking activities or development and expansion of projects, or operating
wastewater/sewerage facilities in violation of Presidential Decree. No.1586 and
its implementing rules, and regulations; Discharging regulated water pollutants
without the valid required discharge permit pursuant to this Act or after the
permit was revoked for any violation of condition therein;
i) Discharging regulated water pollutants without the valid required discharge
permit pursuant to this Act or after the permit was revoked for any violation of
condition therein
j) Refusal to allow entry, inspection and monitoring by the Department in
accordance with this Act;
k) Refusal to allow access by the Department to relevant reports and records in
accordance with this Act;
l) Refusal or failure to submit reports whenever required by the Department in
accordance with this Act;
m) Refusal or failure to designate pollution control officers whenever required by,
the Department in accordance with this Act; and
n) 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.

SECTION 28. Fines, Damages and

Penalties
o Unless otherwise provided herein, any person who commits any of the
prohibited acts provided in the immediately preceding section or violates any of
the provision of this Actor its implementing rules and regulations, shall be fined
by the Secretary, upon the recommendation of the Pollution Adjudication Board
(PAB) in the amount of not less than Ten thousand pesos (P10,000.00) nor more
than

o Unless otherwise provided herein, any person who commits any of the
prohibited acts provided in the immediately preceding section or violates any of
the provision of this Actor its implementing rules and regulations, shall be fined
by the Secretary, upon the recommendation of the PAB in the amount of not
less than Ten thousand pesos (P10,000.00) nor more than Two hundred
thousand pesos (P200,000.00) for every day of violation. The fines herein
prescribed shall be increased by ten percent (10%) every two (2) years to
compensate for inflation and to maintain the deterrent function of such fines:

o Provided, That the Secretary, upon recommendation of the PAB may order the
closure, suspension of development or construction, or cessation of operations
or, where appropriate disconnection of water supply, until such time that
proper environmental safeguards are put in place and/or compliance with this
Act or its rules and regulations are undertaken. This paragraph shall be
without prejudice to the issuance of an ex parte order for such closure,
suspension of development or construction, or cessation of operations during
the pendency of the case.
 PRESIDENTIAL DECREE No. 1586
ESTABLISHING AN ENVIRONMENTAL
IMPACT STATEMENT SYSTEM, INCLUDING
OTHER ENVIRONMENTAL MANAGEMENT
RELATED MEASURES AND FOR OTHER
PURPOSES
INTRODUCTION
Precedential Decree No. 1586, also known as the Environmental Impact
Statement (EIS) System Law, was enacted in 1978 to formalize the assessment
and management of potential environmental impacts of development projects
in the Philippines. The law seeks to ensure sustainable development by
integrating environmental concerns into the decision-making process for
development projects. PD 1586 is an essential tool in identifying, assessing,
and mitigating potential environmental impacts, as well as promoting
transparency and public participation in the development process.

Salient Features:
1. Compliance Requirement: PD 1586 mandates the preparation and
submission of an Environmental Impact Statement (EIS) for proposed projects
that are likely to have significant environmental impacts. The EIS is a
comprehensive report that provides information on the potential environmental
effects of the project, as well as the proposed mitigation measures.
2. Scope of Projects Covered: The law applies to a wide range of projects,
including infrastructure development, extractive industries, industrial facilities,
agricultural and aquaculture ventures, and other activities that may
significantly affect the environment.
3. Public Participation: PD 1586 emphasizes the importance of public
involvement in the environmental impact assessment process. It requires the
proponents of projects to conduct public consultations and hearings to gather
feedback and input from affected communities and stakeholders.
4. Institutional Framework: The law establishes the Environmental
Management Bureau (EMB) as the primary government agency responsible for
implementing and overseeing the EIS system. The EMB evaluates and reviews
EIS reports and ensures that projects comply with environmental regulations.
Section 1. Policy. It is hereby declared the policy of the State to attain and
maintain a rational and orderly balance between socio-economic growth and
environmental protection.
Section 2. Environmental Impact Statement System. There is hereby
established an Environmental Impact Statement System founded and based on
the environmental impact statement required, under Section 4 of Presidential
Decree No. 1151, of all agencies and instrumentalities of the national
government, including government-owned or controlled corporations, as well as
private corporations, firms and entities, for every proposed project and
undertaking which significantly affect the quality of the environment.
Section 3. Determination of Lead Agency. The Minister of Human Settlements
or his designated representative is hereby authorized to name the lead agencies
referred to in Section 4 of Presidential Decree No. 1151 which shall have
jurisdiction to undertake the preparation of the necessary environmental
impact statements on declared environmentally critical projects and areas. All
Environmental Impact Statements shall be submitted to the National
Environmental Protection Council for review and evaluation.
Section 4. Presidential Proclamation of Environmentally Critical Areas and
Projects. The President of the Philippines may, on his own initiative or upon
recommendation of the National Environmental Protection Council, by
proclamation declare certain projects, undertakings or areas in the country as
environmentally critical. No person, partnership or corporation shall undertake
or operate any such declared environmentally critical project or area without
first securing an Environmental Compliance Certificate issued by the President
or his duly authorized representative. For the proper management of said
critical project or area, the President may by his proclamation reorganize such
government offices, agencies, institutions, corporations or instrumentalities
including the re-alignment of government personnel, and their specific
functions and responsibilities
For the same purpose as above, the Ministry of Human Settlements shall: (a)
prepare the proper land or water use pattern for said critical project(s) or area
(s); (b) establish ambient environmental quality standards; (c) develop a
program of environmental enhancement or protective measures against
calamituous factors such as earthquake, floods, water erosion and others, and
(d) perform such other functions as may be directed by the President from time
to time.
Section 5. Environmentally Non-Critical Projects. All other projects,
undertakings and areas not declared by the President as environmentally
critical shall be considered as non-critical and shall not be required to submit
an environmental impact statement. The National Environmental Protection
Council, thru the Ministry of Human Settlements may however require non-
critical projects and undertakings to provide additional environmental
safeguards as it may deem necessary.
Section 6. Secretariat. The National Environmental Protection Council is
hereby authorized to constitute the necessary secretariat which will administer
the Environmental Impact Statement System and undertake the processing
and evaluation of environmental impact statements.
Section 7. Management and Financial Assistance. The Ministry of Human
Settlements is hereby authorized to provide management and financial support
to government offices and instrumentalities placed under its supervision
pursuant to this Decree financed from its existing appropriation or from
budgetary augmentation as the Minister of Human Settlements may deem
necessary.
Section 8. Rules and Regulations. The National Environmental Protection
Council shall issue the necessary rules and regulations to implement this
Decree. For this purpose, the National Pollution Control Commission may be
availed of as one of its implementing arms, consistent with the powers and
responsibilities of the National Pollution Control Commission as provided in
P.D. No. 984.
Section 9. Penalty for Violation. Any person, corporation or partnership found
violating Section 4 of this Decree, or the terms and conditions in the issuance
of the Environmental Compliance Certificate, or of the standards, rules and
regulations issued by the National Environmental Protection Council pursuant
to this Decree shall be punished by the suspension or cancellation of his/its
certificate or and/or a fine in an amount not to exceed Fifty Thousand Pesos
(P50,000.00) for every violation thereof, at the discretion of the National
Environmental Protection Council.
Section 10. Environmental Revolving Fund. Proceeds from the penalties
prescribed in the preceding Section 9 and other penalties imposed by the
National Pollution Control Commission as authorized in P.D. 984, shall be
automatically appropriated into an Environment Revolving Fund hereby
created as an exemption to P.D. 711 and P.D. 1234. The fund shall be used
exclusively for the operation of the National Environmental Protection Council
and the National Pollution Control Commission in the implementation of this
Decree. The rules and regulations for the utilization of this fund shall be
formulated by the Ministry of Human Settlements and submitted to the
President for approval.
Section 11. Repealing Clause. The Inter-Agency Advisory Council of the
National Pollution Control Commission created under Section 4 of P.D. 984 is
hereby abolished and its powers and responsibilities are forthwith delegated
and transferred to the Control of the National Environmental Protection
Council.
All other laws, decrees, executive orders, rules and regulations inconsistent
herewith are hereby repealed, amended or modified accordingly.
Section 12. Effectivity Clause. This Decree shall take effect immediately.
DONE in the City of Manila, this 11th day of June, in the year of Our Lord,
nineteen hundred and seventy-eight.
REPUBLIC ACT 6969 OR THE TOXIC
SUBSTANCES AND HAZARDOUS AND
NUCLEAR WASTES CONTROL ACT OF
1990
 Introduction
Technological advancements spanning centuries have profoundly
transformed human life, evolving from the primitive use of flint for fire to the
contemporary marvel of electric stoves. The societal progress witnessed today
would have seemed unimaginable in the past. However, this remarkable
technological journey comes at a cost — a cost borne by our environment. Our
relentless pursuit of technological excellence has exceeded the limits of
nature's capacity, resulting in severe consequences such as poisoning of the
ecosystem to name a few.
The relentless march of technological progress has ushered in an era
marked by the creation of an extensive array of novel chemical substances,
each crafted with the ambitious goal of achieving what was once deemed
impossible. Reflecting a modern manifestation of historical alchemy, where the
pursuit involved devising new substances to create a philosopher’s stone or
transmute iron into gold, the ceaseless generation of innovative chemical
compounds shows no signs of abating. While the creation of these artificial
substances carries inherent risks, it is an undeniable truth that the quest for
new chemical solutions is driven by the imperative to address societal
challenges. Consequently, ensuring the safety of individuals necessitates the
regulation of these man-made chemical substances, striking a balance between
innovation and safeguarding the well-being of our communities.
The “Toxic Substances and Hazardous and Nuclear Wastes Control Act of
1990”

Otherwise known as Republic Act No. 6969, the “Toxic Substances and
Hazardous and Nuclear Wastes Control Act of 1990” is a law that regulates the
chemicals in our country. This Act makes provisions in order to regulate,
restrict and/or prohibit the importation, manufacture, processing, sale,
distribution, use and disposal of chemical substances and mixtures presenting
risk and/or injury to human and animal health or to the environment; it
provides for the prohibition of entry and transit of hazardous and nuclear
wastes and their disposal into the Philippine while encouraging research and
studies on toxic chemicals. The provisions of this Act covers the importation,
manufacture, processing, handling, storage, transportation, sale, distribution,
use and disposal of all unregulated chemical substances and mixtures,
including entry, transit, storage and disposal of hazardous and nuclear wastes
into the country for whatever purpose.

But before we move on, let’s have a review first on the terms used on this
Act.

Toxic substances – these are substances that have the potential to cause
harm and is only one factor in determining whether a hazard exists
(Purdue University). In a much more specific term, the toxicity is the
characteristic includes anything that can cause illness or death after
ingestion. It also contains materials that can poison the environment and
surrounding wildlife (Clean Management Environmental Group, Inc.).

Hazardous substances – these are substances practical likelihood that the

chemical will cause harm. A chemical is determined to be a hazard
depending on the following factors:

 toxicity: how much of the substance is required to cause harm,

 route of exposure: how the substance enters your body,
 dose: how much enters your body,
 duration: the length of time you are exposed,
 reaction and interaction: other substances you are exposed to at the
same time, and,
 sensitivity: how your body reacts to the substance compared to other
people. (Purdue University)

Nuclear Waste - a byproduct from nuclear reactors, fuel processing plants,

hospitals and research facilities. Radioactive waste is also generated
while decommissioning and dismantling nuclear reactors and other
nuclear facilities. (United States Nuclear Regulatory Commission, 2019)

Terms defined by RA 6969:

Chemical Substance - means any organic or inorganic substance of a

particular molecular identity, including:

(i) Any combination of such substances occurring in whole or in part as a

result of chemical reaction or occurring in nature; and
(ii) Any element or uncombined chemical.

Chemical Mixture - means any combination of two or more chemical

substances if the combination does not occur in nature and is not, in
whole or in part, the result of a chemical reaction, if none of the chemical
substances comprising the combination is a new chemical substance
and if the combination could have been manufactured for commercial
purposes without a chemical reaction at the time the chemical
 substances comprising the combination were combined. This shall
include nonbiodegradable mixtures.

Hazardous Substances - are substances which present either:

i) Short-term acute hazards, such as acute toxicity by ingestion, inhalation or

skin absorption, corrosivity or other skin or eye contact hazards or the risk
of fire or explosion; or
ii) Long-term environmental hazards, including chronic toxicity upon
repeated exposure, carcinogenicity (which may in some cases result from
acute exposure but with a long latent period), resistance to detoxification
process such as biodegradation, the potential to pollute underground or
surface waters, or aesthetically objectionable properties such as offensive
odors.

Hazardous wastes - defined as substances that are without any safe

commercial, industrial, agricultural or economic usage and are shipped,
transported or brought from the country of origin for dumping or
disposal into or in transit through any part of the territory of the
Philippines.

Nuclear wastes - are hazardous wastes made radioactive by exposure to the

radiation incidental to the production or utilization of nuclear fuels but
does not include nuclear fuel, or radioisotopes which have reached the
final stage of fabrication so as to be usable for any scientific, medical,
agricultural, commercial, or industrial purpose.

The Implementing Agency of this Act – Department of Environment and

Natural Resources

The Department of Environment and Natural Resources is the agency

tasked for the implementation of this Act and shall have the following
functions, powers, and responsibilities:
a) To keep an updated inventory of chemicals that are presently being
manufactured or used, indicating, among others, their existing and possible
uses, quantity, test data, names of firms manufacturing or using them, and
such other information as the Secretary may consider relevant to the
protection of health and the environment;
b) To require chemical substances and mixtures that present unreasonable
risk or injury to health or to the environment to be tested before they are
manufactured or imported for the first time;
c) To require chemical substances and mixtures which are presently being
manufactured or processed to be tested if there is a reason to believe that
they pose unreasonable risk or injury to health or the environment;
d) To evaluate the characteristics of chemicals that have been tested to
determine their toxicity and the extent of their effects on health and the
environment;
e) To enter into contracts and make grants for research, development, and
monitoring of chemical substances and mixtures;
 f) To conduct inspection of any establishment in which chemicals are
manufactured, processed, stored or held before or after their commercial
distribution and to make recommendations to the proper authorities
concerned;
g) To confiscate or impound chemicals found not falling within the standard
set by the rules and regulations and the said acts cannot be enjoined except
after the chemicals have been impounded;
h) To monitor and prevent the entry, even in transit, of hazardous and
nuclear wastes and their disposal into the country;
i) To subpoena witnesses and documents and to require other information if
necessary to carry out the provisions of this Act;
j) To call on any department, bureau, office, agency, state university or
college, and other instrumentalities of the Government for assistance in the
form of personnel, facilities, and other resources as the need arises in the
discharge of its functions;
k) To disseminate information and conduct educational awareness
campaigns on the effects of chemical substances, mixtures and wastes on
health and environment; and
l) To exercise such powers and perform such other functions as may be
necessary to carry out its duties and responsibilities under this Act.

Did you know?

The above objectives are implemented by but not limited to Chemical

Management Section of the DENR. The Chemical Management Section is
under the Environmental Quality Management Division which is under the
Environmental Management Bureau is of course all within under the DENR.

The Chemical Management Section conducts the following:

 Inventory of chemicals and chemical substances currently used in,

manufactured in, and imported to the Philippines, and update the
Philippine Inventory of Chemical and Chemical Substances (PICCS).
 Update the list of chemical substances that DENR-EMB determines to
pose potentially unreasonable risk to public health, to work place, and to
the environment, then register importers, users, and manufacturers of
these chemicals through the Priority Chemical List (PCL).
 Evaluate the safety of notified new chemicals and chemical substances
by requiring prior notification of new chemical substances to be
manufactured in or imported to the Philippines; developed a Pre-
Manufacture Pre-Importation Notification (PMPIN) process and
procedure.
 Regulate, limit, gradually phase out, or ban those chemical substances
that are determined to pose unreasonable risks to public health and
environment through issuance of Chemical Control Order (CCO).
 Educate and inform the public on the hazards and unreasonable risks in
the manufacture, handling, storage, transport, processing, distribution,
use and disposal of toxic chemicals. (Chemical Management Section)
Inter-Agency Technical Advisory Council
 This is a council formed by different secretaries of different departments
tasked to assist the DENR in implementing this Act.

Composition:
Chairman – Secretary of Environment and Natural Resources
Members – Secretary of Health
- Director of the Philippine Nuclear Research Institute
- Secretary of Trade and Industry
- Secretary of Science and Technology
- Secretary of National Defense
- Secretary of Foreign Affairs
- Secretary of Labor and Employment
- Secretary of Finance
- Secretary of Finance
- Secretary of Agriculture
- Secretary of Agriculture
- Representative from a non-governmental organization on health and
safety (the representative is appointed by the President for a term of 3
years)
The Council has the following functions:
a) To assist the Department of Environment and Natural Resources in the
formulation of the pertinent rules and regulations for the effective
implementation of this Act;
b) To assist the Department of Environment and Natural Resources in the
preparation and updating of the inventory of chemical substances and
mixtures that fall within the coverage of this Act;
c) To conduct preliminary evaluation of the characteristics of chemical
substances and mixtures to determine their toxicity and effects on health and
the environment and make the necessary recommendations to the Department
of Environment and Natural Resources; and
d) To perform such other functions as the Secretary of Environment and
Natural Resources may, from time to time, require.
Pre-Manufacture and Pre-Importation Requirements

Before any new chemical substance or mixture can be manufactured,

processed or imported for the first time as determined by the Department of
Environment and Natural Resources, the manufacturer, processor or importer
shall submit the following information: the name of the chemical substance or
mixture; its chemical identity and molecular structure; proposed categories of
use; an estimate of the amount to be manufactured, processed or imported;
processing and disposal thereof; and any test data related to health and
environmental effects which the manufacturer, processor or importer has.

Chemicals Subject to Testing

Testing shall be required in all cases where:

a) There is a reason to believe that the chemical substances or mixture may

present an unreasonable risk to health or the environment or there may
be substantial human or environmental exposure thereto;
 b) There are insufficient data and experience for determining or predicting
the health and environmental effects of the chemical substance or
mixture; and
c) The testing of the chemical substance or mixture is necessary to develop
such data.
d) The manufacturers, processors or importers shall shoulder the costs of
testing the chemical substance or mixture that will be manufactured,
processed, or imported.

Action by the Secretary of Environment and Natural Resources or his

Duly Authorized Representative

The Secretary of Environment and Natural Resources or his duly

authorized representative shall, within ninety (90) days from the date of filing
of the notice of manufacture, processing or importation of a chemical
substance or mixture, decide whether or not to regulate or prohibit its
importation, manufacture, processing, sale, distribution, use or disposal. The
Secretary may, for justifiable reasons, extend the ninety-day pre-manufacture
period within a reasonable time.

Chemical Substances Exempt from Pre-Manufacture Notification

a) Those included in the categories of chemical substances and mixtures

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

Prohibited Acts and Penalties

a) Knowingly use a chemical substance or mixture which is imported,

manufactured, processed or distributed in violation of this Act or
implementing rules and regulations or orders.
Penalty: Imprisonment of 6 months and 1 day to 6 years and 1 day and a
fine ranging from ₱600 to ₱4000.
b) Failure or refusal to submit reports, notices or other information, access
to records as required by this Act, or permit inspection of establishment
where chemicals are manufactured, processed, stored or otherwise held.
Penalty: Imprisonment of 6 months and 1 day to 6 years and 1 day and a
fine ranging from ₱600 to ₱4000.
c) Failure or refusal to comply with the pre-manufacture and pre-
importation requirements.
Penalty: Imprisonment of 6 months and 1 day to 6 years and 1 day and a
fine ranging from ₱600 to ₱4000.
d) Cause, aid or facilitate, directly or indirectly, in the storage, importation,
or bringing into Philippine territory, including its maritime economic
 zones, even in transit, either by means of land, air or sea transportation
or otherwise keeping in storage any amount of hazardous and nuclear
wastes in any part of the Philippines.
Penalty: Imprisonment of 12 years and 1 day to 20 years.

In addition to the penalties, the chemical substances and other

instruments used in violation of the Act would be confiscated and turned over
to the DENR for safekeeping and proper disposal.

Hazardous and nuclear wastes meanwhile is the responsibility of the

person who imported the wastes to return it. Not essentially a penalty but an
administrative fine is imposed in all cases of violations of this Act, including
violations of implementing rules and regulations which have been duly
promulgated and published, the Secretary of Environment and Natural
Resources is hereby authorized to impose a fine of not less than ₱10,000, but
not more than ₱50,000 upon any person or entity found guilty thereof. The
administrative fines imposed and collected by the DENR shall accrue to a
special fund to be administered by the Department exclusively for projects and
research activities relative to toxic substances and mixtures.

R.A 9003 ECOLOGICAL SOLID WASTE

MANAGEMENT ACT OF 2000
  REPUBLIC ACT NO. 9003
An act providing for an ecological solid waste management program
creating the necessary institutional mechanisms and incentives,
declaring certain acts prohibited and providing penalties, appropriating
funds therefor, and for other purposes.
The Republic Act (RA) 9003, otherwise known as the Ecological Solid Waste
Management Act of 2000, provides the necessary policy framework,
institutional mechanisms and mandate to the local government units (LGUs) to
achieve 25% waste reduction through establishing an integrated solid waste
management plans based on 3Rs (reduce, reuse and recycling)
The law adopts a systematic and comprehensive ecological solid waste
management program, which utilizes environmentally sound methods that
maximize the utilization of valuable resources and encourage resource
conservation and recovery.
It also sets guidelines and targets for solid waste avoidance and volume
reduction through source reduction and waste minimization measures,
including composting, recycling, re-use, recovery, green charcoal process
before collection, treatment and disposal in appropriate and environmentally
sound solid waste management facilities.
 Solid Waste Management (SWM) is considered to be one of the most
serious environmental issues in the Philippines.
The National Solid Waste Management Commission (NSWMC) is the major
agency tasked to implement Republic Act 9003.
Definition of Solid Waste According to R.A 9003
 Solid waste refers to all discarded household waste (food waste, paper,
glass, metals, plastics, textiles), commercial waste (paper, cardboard,
cans, retail packaging, and food wrappers), non-hazardous institutional
and industrial waste (electric power generation and the manufacturing of
materials such as pulp and paper, iron and steel, glass and concrete),
 street sweepings, construction debris, agricultural waste (rice hull,
bagasse, coconut shell husk and coconut coir), and other
nonhazardous/non-toxic solid waste.
What are the laws and regulations that govern solid waste management
(SWM) in the Philippines?
The laws and regulations are:
1. Republic Act (RA) No. 9003 (“The Ecological Solid Waste Management Act of
2000”); and
2. Department of Environment and Natural Resources (DENR) Administrative
Order (DAO) No. 2001-34, which is the Implementing Rules and Regulations
(IRR) of RA 9003.
What is ecological SWM?
It is the systematic management of solid waste which provides for:
1. Waste reduction at source;
2. Segregation at source for recovery of reusables, recyclables and
compostable;
3. Segregated transportation, storage, transfer, processing, treatment and
disposal of solid waste; and
4. All other waste management activities which do not harm the environment
What is the role of LGUs in SWM?
 The LGUs shall be primarily responsible for the implementation and
enforcement of the provisions of RA 9003 within their respective
jurisdictions.
What are City and Municipal SWM Boards?
 RA 9003 mandates that each city or municipality form a City or
Municipal SWM Board that shall prepare, submit and implement a plan
for the safe and sanitary management of solid waste generated in areas
under its geographic and political coverage.
 RA 9003 mandates that cities/ municipalities shall form boards
responsible for preparing, submitting and implementing SWM plans.
Who must have SWM plans?
All provinces, cities and municipalities. The respective SWM Boards of the
provinces, cities and municipalities shall prepare the local SWM plans.
What is the first priority of the ecological SWM system?
The first priority of the ecological SWM system shall be volume reduction at the
source. All LGUs are required to actively promote among its constituencies the
reduction and minimization of wastes generated at source.
SALIENT FEATURES OF R.A. No. 9003- ECOLOGICAL SOLID WASTE
MANAGEMENT ACT OF 2000
1) Creation of the National Solid Waste Management Commission (NSWMC),
the National Ecology Center (NEC) and the Solid Waste Management Board in
every province, city and municipality in the country.
NSWMC- responsible in the formulation of the National Solid Waste
Management Framework and other policies on solid waste, in overseeing the
implementation of solid waste management plans and the management of the
solid waste management fund.
2) NEC, on the other hand, shall be responsible for consulting information,
training and networking services relative to the implementation of R.A.
No. 9003.
 Trainings and Networking Services relative to the implementation of
R.A 9003
a) Waste Segregation Workshops f) Community Clean-Up Drives
b) Composting Training Programs g) Technology Adoption
Workshops
c) Recycling Education Campaigns h) Collaborative Platforms
d) Waste Audit and Assessment Training i) Green Business Networking
e) Legislative Compliance Seminars j) School Programs
3) The Solid Waste Management Board of provinces, cities and
municipalities shall be responsible for the development of their respective
solid waste management plans.
4) Mandatory segregation of solid waste to be conducted primarily of the
source such as household, institutional, industrial, commercial and
agricultural sources
5) Setting of minimum requirements to ensure systematic collection and
transport of wastes and proper protection of the health of garbage
collectors
The minimum requirements are:
 There shall be a separate container for each type of waste;
 Each container shall be properly marked or identified;
 For premises with six or more residential units, LGUs shall pass
ordinances and regulations requiring the owner or person in charge
to:
a) Provide a designated area and containers in which to put
recyclable materials; and
b) Notify occupants of the requirements of RA 9003 and its IRR
related to segregation.
 For commercial, institutional and industrial establishments, LGUs
shall pass ordinances requiring the owner or head of the institutions
to:
a) Provide a designated area and containers in which to put
recyclable materials;
b) Notify all those working in the premises of the requirements of
RA 9003 and its IRR related to segregation; and
c) Prohibit scavenging or unauthorized collection in designated
segregation containers or areas.
6) Establishment of reclamation programs and buy-back centers for
recyclables and toxic materials
Buy-back centers- refer to recycling centers that purchase or accept
recyclable materials from the public for the purpose of recycling such
materials.
7) Promotion of eco-labeling in local products and services.
ECO-LABELING
-It is a coding system for packaging materials and products to facilitate
waste recycling and re-use. The DTI-Bureau of Product Standards is
tasked to formulate and implement such coding system.
Example: A local government creates a program that encourages
businesses to obtain eco-label certifications by offering tax incentives
 and promotional opportunities. The program is promoted through social
media, email newsletters, and local events.
8) Prohibition on non-environmentally acceptable products and packaging
What are “non-environmentally acceptable products or packaging”?
-They are products or packaging that are unsafe for production, use,
post-consumer use, or that produce or release harmful objects. RA 9003
prohibits non-environmentally acceptable products and packaging. RA
9003 and its IRR 35 The National Solid Waste Management Commission
shall determine which products/packaging are non-environmentally
acceptable.
Example: A country introduces legislation that bans the use of plastic
straws in all food establishments. They launch a public awareness
campaign to educate consumers and businesses about the impacts of
plastic straws on the environment and promote alternative options like
paper straws.
9) Establishment of Materials Recovery Facility in every barangay or cluster
of barangays.
The environment of a materials recovery facility (MRF) refers to the
conditions, facilities, and operations within the facility that are designed
to support the proper sorting, recycling, and disposal of waste materials.
Example 1: A city government sets up a materials recovery facility in
each barangay to facilitate the proper segregation and recycling of waste
materials at the community level. These MRFs are equipped with sorting
equipment, storage areas, and trained staff to effectively manage the
waste generated within the barangay.
10) Prohibition against the use of open dumps
Open Dump
-An open dump is a disposal area where solid wastes are indiscriminately
thrown or disposed of without due planning and consideration for
environmental and health standards.
Controlled Dump
- A controlled dump is a disposal site in which solid waste is deposited
in accordance with the minimum prescribed standards of site operation
to minimize possible adverse impacts on the environment. Use of
controlled dumps for disposal of solid waste shall no longer be allowed
five years after the effectivity of RA 9003 (or after Year 2007).
 Section 37 of RA 9003 states that “No open dumps shall be established and
operated, nor any practice or disposal of solid waste by any person,
including LGUs, which constitutes the use of open dumps for solid waste,
be allowed after the effectivity of this Act: Provided, That within three (3)
years after the effectivity of this Act, every LGU shall convert its open
dumps into controlled dumps, in accordance with the guidelines set in
Section 41 of this Act: provided, further, That no controlled dumps shall be
allowed five (5) years following effectivity of this Act.
11) Setting of guidelines/criteria for the establishment of controlled dumps
and sanitary landfills.
Sanitary Landfill
 -A sanitary landfill is a waste disposal site properly designed, constructed,
operated and maintained in a manner that poses the least environmental
impacts.
12) Provisions of rewards, incentives both fiscal and non-fiscals, financial
assistance, grants and the like to encourage LG’s and the general public
to undertake effective solid waste management.

R.A. 9512 OR THE NATIONAL

ENVIRONMENT AWARENESS AND
EDUCATION ACT
RA 9512

Under Section 1 of this act, this act shall be known as the “National
Environmental Awareness and Education Act of 2008” which provides for
the promotion of environmental awareness through environmental education
which shall encompass environmental concepts and principles, environmental
laws, the state of international and local environment, local environmental best
practices, the threats of environmental degradation and its impact on human
well-being, the responsibility of the citizenry to the environment and the value
of conservation, protection and rehabilitation of natural resources and the
environment.

This Act was approved and signed by Gloria Macapagal Arroyo on

December 12, 2008.

The environmental pollution that we face today is caused by many

factors. A major cause of environmental pollution is mismanagement of oil
production and transportation. Due to this, there are oil spills worldwide that
destroy aquatic life. Another issue related to environmental pollution is global
warming. The increase in greenhouse gases causes a rise in the planet’s
atmospheric temperature. Hence, Environmental awareness is critical because
it can help us to become aware of the impacts on the Earth created by human
activities, leading to global warming. It can also help us to create a more
sustainable world by promoting renewable resources, such as solar, wind
and water.

Section 2. Declaration of Policy

Right of the people to a balanced and healthful ecology in accord with the
rhythm and harmony of the nature
 Vital role of the youth in nation building
Role of education to foster patriotism and nationalism, accelerate social
progress and promote total human liberation and development

Who should be taught about the environment?

 Environmental education must be taught at ALL LEVELS.

 This includes barangay daycare, preschool, non-formal, technical
vocational, professional level, indigenous learning and out-of-school
youth courses or programs, whether public or private.
 Section 3. Scope of Environmental Education

Section 6. Interagency and Multi-Sectoral Effort

1. The Department of Education’s curriculum framework for Science

in Secondary Education or in High School is inclined towards developing
scientifically, technologically and environmentally literate and productive
members of the society.
2. This is part of the National Service Training Program or NSTP under its
Civic Welfare Training Service or CWTS.

3. Environmental Education is mandated to be included in tertiary

education and vocational courses with a curriculum of at least 2 years.

4. The Department of Environment and Natural Resources or DENR shall

have the primary responsibility of informing all agencies concerned
updates about the environment.
5. The Department of Science and Technology or DOST is
mandated to create programs to ensure that students
receive science-based quality information on the
environment and provide assistance for the development
of environment-friendly solutions.
6.
 The above mentioned agencies shall lead in the implementation of public
education and awareness programs on environmental protection and
conservation through collaborative interagency and multi-sectoral effort,
at all levels.
  The DEP-ED, CHED, DOST, DENR, TESDA including the DSWD are
tasked to ensure that
information about the
environment is disseminated to
the students and community.

10 Environmental Organizations in the Philippines

1. World Wide Fund for Nature

The name of the organization says it

all. Their projects don't only focus on
food, water, and climate, but on
wildlife as well. In fact, they exert
effort to ensure the survival of the
rarest and most endangered species
in the country. Also part of their aim
is to transform lives by providing
livelihood programs.

2. Waves for Water

Imagine the country running out of water - a drought would take over leading
to a shrinking food supply, damaged habitat, crop damage, and more. If the
thought of this makes you cringe, then you may want to work with Waves for
Water. The organization works with leaders
and partners to provide clean and potable
water for communities here and abroad.

3. Save Philippine Seas

Our country is surrounded by seas. It's

only apt for us to protect them so they
can protect us from possible harm. Part
of the advocasea of Save Philippine Seas
is to promote community empowerment,
environmental education, and shark
conservation. The org also initiates
citizen-led programs to empower Pinoys
towards behavioral change.

4. Earth Island Institute

Earth Island Institute is an

international org that jumpstarts
programs focused on hyperlocal and
grassroots environmentalism. Their
local arm implements the International
Monitoring Program (IMP) which
ensures that the country's top tuna companies conform to industry standards
and practices. The organization also hold campaigns against dolphin captivity
and killings.

5. Greenpeace Philippines

The main goal of Greenpeace Philippines

is to protect natural landscapes, species,
and more from environmental threats
such as perilous waste imports, coal
projects, and illegal logging. Aside from
promoting ecological farming, this
volunteer-based group also holds campaigns against land, air, and water
pollution.

6. Haribon Foundation

Haribon Foundation uses their widely

known platform to save different bird
species and to conserve their habitats as
they empower and educate people. They
also partner with various groups and local
government units to conserve biodiversity.

7. Rare

Rare is an international organization that

promotes campaigns focused on sustainable
fishing and resource management. They
work with local groups to educate people on
the best and proper fishing practices.
Through their efforts, we can all hope for
healthier seas and bountiful oceans.

8. Mother Earth Foundation

Garbage is among the top enemies of nature.

To address this alarming concern, Mother
Earth Foundation campaigns zero-waste
advocacy to local authorities. They hold
programs in schools and barangays to
promote environmental education and proper
waste management.

9. Philippines Biodiversity Conservation Foundation

Philippines Biodiversity Conservation Foundation

works to restore natural habitats and aims to
educate the public on how to protect wildlife
from feasible harm. So far, they have completed
programs to conserve rare species such as
Philippine bats, Calamian deer, and cloud rats.
10. Marine Wildlife Watch of the Philippines

With its strategic location, the Philippines

could be considered the heart of marine
biodiversity in the world. We have quite a
number of sea creature species that can be
extinct soon if we don't act on it today.
Thankfully, Marine Wildlife Watch exerts
strong efforts to protect these creatures from
illegal trading and capture.

Environmental Celebrations

1. Environmental Awareness Month

MONTH OF NOVEMBER

2. Earth Day
EVERY APRIL 22

3. Earth Hour
EVERY LAST SATURDAY OF MARCH

4. International Day for Biological Diversity

EVERY MAY 22
5. National Zero Waste Month
EVERY MONTH OF JANUARY

6. World Wildlife Day

EVERY MARCH 3
 ENVIRONMENTAL LAWS OF
THE UNITED STATES

INTRODUCTION
The United States' environmental laws are a collection of
rules and guidelines designed to preserve the environment and
advance sustainable development. These rules, which address
a wide range of topics like hazardous waste management, conservation of
natural resources, and pollution of the air and water, are enforced by
numerous federal and state agencies. According to one definition,
environmental law is “the principles, policies, directives, and regulations
enacted and enforced by local, national, or international entities to regulate
human treatment of the nonhuman world”
Environmental laws have been around in the US for a very long time; they
first appeared in the late 19th century. But it wasn't until the 1970s that
environmental regulations started to be tightened up and widened to include
new topics like sustainability and climate change.
The Resource Conservation and Recovery Act, the Clean Water Act, and the
Clean Air Act are a few of the most important environmental legislation in the
US. These regulations have aided in the reduction of pollution, the preservation
of wildlife habitats, and the advancement of renewable energy sources.
Environmental restrictions have been strengthened and expanded in recent
years, and environmental issues have received more attention. For instance,
the Obama administration's sustainable Power Plan sought to encourage the
use of sustainable energy sources and lower greenhouse gas emissions from
power plants.
 All things considered, environmental laws are essential to preserving the
environment and advancing sustainable development in the US. It is probable
that environmental laws will persist in their evolution and adaptation to
address the nation's ongoing environmental challenges.

●American Innovation and Manufacturing Act (AIM)

- The AIM Act authorizes EPA to address hydrofluorocarbons (HFCs) by
providing new authorities in three main areas: to phase down the production
and consumption of listed HFCs, manage these HFCs and their substitutes,
and facilitate the transition to next-generation technologies through sector-
based restrictions.
● Atomic Energy Act (AEA)
- The Atomic Energy Act (AEA) established the Atomic Energy
Commission (AEC) to promote the “utilization of atomic energy for peaceful
purposes to the maximum extent consistent with the common defense and
security and with the health and safety of the public.” Since the abolition of the
AEC, much of the AEA has been carried out by the Nuclear Regulatory
Commission and the U.S. Department of Energy. When EPA was formed,
however, the AEC’s authority to issue generally applicable environmental
radiation standards was transferred to EPA. Other federal and state
organizations must follow these standards when developing requirements for
their areas of radiation protection.
EPA also received the Federal Radiation Council’s authority under the AEA:
- To develop guidance for federal and state agencies containing
recommendations for their use in developing radiation protection requirements.
- To work with states to establish and execute radiation protection programs.
● Beaches Environmental Assessment and Coastal Health (BEACH) Act
-On October 10, 2000, the Beaches Environmental Assessment and Coastal
Health Act (BEACH Act) was signed into law, amending the Clean Water Act
(CWA). The BEACH Act required EPA to develop performance criteria for
testing, monitoring, and notifying public users of possible coastal recreation
water problems.
The BEACH Act addresses pathogens and pathogen indicators in coastal
recreation waters, and it contains four significant provisions, summarized as
follows:
1. The BEACH Act amended the CWA by adding section 303(i), which
requires states, territories, and tribes that have coastal recreation waters
to adopt new or revised water quality standards by April 10, 2004, for
pathogens and pathogen indicators for which EPA has published criteria
under CWA section 304(a).
2. The BEACH Act amended the CWA by adding sections 104(v) and 304(a),
which together require EPA to conduct studies associated with pathogens
and human health and to publish new or revised CWA section 304(a)
criteria for pathogens and pathogen indicators based on those studies.
3. Under section 303(i)(1)(B), states, territories, or tribes, that have coastal
recreation waters are directed to adopt new or revised water quality
 standards for all pathogens and pathogen indicators to which EPA’s new
or revised section 304(a) criteria are applicable by not later than three
years after EPA’s publication of the new or revised section 304(a) criteria.
4. The Act amended the CWA to add section 406, which authorizes EPA to
award grants to states, territories, tribes, or local governments to develop
and implement beach monitoring and assessment programs.

● Clean Air Act (CAA)

-The Clean Air Act (CAA) is the comprehensive federal law that regulates air
emissions from stationary and mobile sources. Among other things, this law
authorizes EPA to establish National Ambient Air Quality Standards (NAAQS)
to protect public health and public welfare and to regulate emissions of
hazardous air pollutants.
Clean Water Act (CWA) (original title: Federal Water Pollution Control
Amendments of 1972)
The Clean Water Act (CWA) establishes the basic structure for regulating
discharges of pollutants into the waters of the United States and regulating
quality standards for surface waters. The basis of the CWA was enacted in
1948 and was called the Federal Water Pollution Control Act, but the Act was
significantly reorganized and expanded in 1972. “Clean Water Act” became the
Act’s common name with amendments in 1972.
Under the CWA, EPA has implemented pollution control programs such as
setting wastewater standards for industry. EPA has also developed national
water quality criteria recommendations for pollutants in surface waters.
The CWA made It unlawful to discharge any pollutant from a point source into
navigable waters, unless a permit was obtained:
EPA’s National Pollutant Discharge Elimination System (NPDES) permit
program controls discharges.
Point sources are discrete conveyances such as pipes or man-made ditches.
Individual homes that are connected to a municipal system, use a septic
system, or do not have a surface discharge do not need a NPDES permit;
Industrial, municipal, and other facilities must obtain permits if their
discharges go directly to surface waters.
● Comprehensive Environmental Response, Compensation and Liability
Act (CERCLA, or Superfund)
- A Federal law (commonly known as “Superfund”) passed in 1980 and
modified in 1986 by the Superfund Amendments and Reauthorization Act
(SARA). The law gives EPA the authority to investigate sites where there is a
suspected threat to public health, or the environment caused by the release or
potential release of hazardous substances. The law created a special tax on the
chemical and petroleum industries. Money collected under the tax was
deposited into a trust fund to be used to clean up abandoned or uncontrolled
waste sites. (This special tax was discontinued in 1995. Now monies for the
trust fund comes from Congress.)
● Emergency Planning and Community Right-to-Know Act (EPCRA)
 - The Emergency Planning and Community Right-to-Know Act of 1986
was authorized by Title III of the Superfund Amendments and Reauthorization
Act to help communities plan for chemical emergencies. It requires industry to
report on the storage, use, and releases of certain chemicals to federal, state,
tribal, territorial, and/or local governments. It also requires these reports to be
used to prepare for and protect their communities from potential risks.

The protection of the environment and public health in the United States
is greatly aided by its environmental legislation. The United States'
environmental laws use a variety of procedures and guidelines to safeguard the
environment and public health. The nation's air and water quality, exposure to
dangerous chemicals, and preservation of natural resources have all improved
thanks in large part to these regulations. The Clean Air Act (CAA) is a crucial
legislative measure that governs air pollutants from both stationary and mobile
sources. The clean and healthy air we breathe is guaranteed by the
establishment of National Ambient Air Quality Standards for contaminants that
are hazardous to the environment and public health. The Clean Air Act (CAA) is
critical to enhancing air quality in the United States. The CAA was enacted by
Congress to address various air pollution
issues and combat emerging pollution
threats. The law has helped to reduce air
pollution while also protecting public health
and the environment. The establishment of
national ambient air quality standards
(NAAQS) based on the most recent scientific
research is one of the CAA's key provisions.
These standards limit the amount of
pollutants in the air that can be allowed,
such as ozone, particulate matter, carbon
monoxide, nitrogen dioxide, and sulfur
dioxide. The CAA sets these standards to
ensure that the air we breathe meets health-
based guidelines, lowering the risk of
respiratory diseases and other health
problems caused by air pollution. The CAA also requires the EPA to develop
and implement control measures for major sources of air pollution, such as
power plants, industrial facilities, and vehicles. These measures include the
implementation of emission reduction programs and the use of advanced
pollution control technologies. The CAA helps to reduce the release of harmful
pollutants into the atmosphere by regulating emissions from these sources,
thereby improving air quality across the country. The Clean Air Act has played
an important role in improving air quality in the United States. It has aided in
the steady reduction of air pollution, the protection of public health, and the
creation of a healthier and cleaner environment for all. In a similar vein,
surface water quality is maintained in large part by the Clean Water Act (CWA).
It establishes requirements to ensure that these waters are safe for swimming,
fishing, and drinking. Setting quality criteria for surface waters and regulating
the discharge of pollutants into waters are two areas in which this law is
particularly significant. Water quality protection is strengthened further under
the Safe Drinking Water Act (SDWA). It focuses particularly on all waters,
whether from above-ground or subsurface sources, that are currently or may
be in the future intended for human consumption. "Cradle-to-grave" (or
environmental protection agency-to-grave) management over hazardous waste
is granted by the Resource Conservation and Recovery Act (RCRA).
 This all-encompassing strategy ensures that hazardous waste is
managed in a way that protects both the environment and human health. The
Comprehensive Environmental Response, Compensation, and Liability Act
(CERCLA), also known as Superfund, empowers the Environmental Protection
Agency (EPA) to clean up contaminated sites. It also holds the parties
responsible for the contamination accountable, requiring them to clean up or
reimburse the government for EPA-led cleanup work. Finally, the Toxic
Substances Control Act (TSCA) gives the EPA authority to track the 75,000
industrial chemicals that are currently produced or imported into the United
States. The EPA screens these chemicals and has the authority to prohibit
their manufacture or importation if they pose a risk.
In essence, these laws, along with others, provide a strong framework for
protecting public health and the environment by regulating pollution sources,
encouraging conservation efforts, and ensuring accountability for
environmental damage. They are enforced by the EPA and other federal and
state agencies, resulting in a healthier and safer environment for all. These are
just a few examples of the environmental laws in the United States that protect
human health and the environment. These laws are administered and enforced
by the Environmental Protection Agency (EPA) and other federal and state
agencies. Through their implementation and enforcement, these laws aim to
ensure compliance, promote
sustainable practices, and create a
healthier and safer environment for all.
Moreover, the environmental laws
of the United States have several
provisions that aim to protect both
human health and the environment.
One of the primary ways these laws
protect human health is by setting
standards for air and water quality. For
example, the Clean Air Act sets
standards for the maximum amount of pollutants that can be emitted by
industrial sources, vehicles, and other sources. These standards are designed
to protect public health and prevent harmful health effects, such as respiratory
problems and cancer, that can be caused by exposure to air pollution.
Similarly, the Safe Drinking Water Act sets standards for the quality of
drinking water, ensuring that it is safe for human consumption and free from
harmful contaminants.
In addition to setting standards for air and water quality, environmental
laws also regulate the handling and disposal of hazardous waste. The Resource
Conservation and Recovery Act (RCRA), for example, sets standards for the
management of hazardous waste, including the storage, transportation, and
disposal of such waste. This helps to prevent the release of toxic substances
into the environment, which can pose a risk to human health and the
environment.
Another way environmental laws protect the environment is by regulating
the use of chemicals and pesticides. The Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA), for example, requires that pesticides be registered
with the Environmental Protection Agency (EPA) and sets standards for their
use. This helps to prevent the misuse of pesticides, which can harm wildlife
and the environment.

● Toxic Substances Control Act

Passed in 1976, 15 U.S. Code § 2601 et seq. gave the EPA
(Environmental Protection Agency) the authority to mandate companies to
maintain recording, reporting, and recordkeeping requirements, as well as
restrictions on certain chemicals. Other provisions of the legislation, known as
the Toxic Substances Control Act (TSCA), include the jurisdiction of the EPA to:

 Require manufacturers, importers, and processors to test chemicals if

the EPA suspects risks
 Maintain the TSCA inventory of over 83,000 chemicals
 Require certification reporting and other requirements when
importing or exporting chemicals
 Require industries to report any TSCA violations
Chemical substances not regulated or excluded by the TSCA include:

 Pesticides
 Tobacco and tobacco product
 Radioactive materials
 Foods, food additives, drugs, cosmetics or devices

According to a study in the American Journal of Public Health (AJPH), many

minorities and those living in poverty face a much higher risk for disease
caused by environmental factors, such as hazardous chemicals or dangerous
workplaces, than those in other populations.
Six chemical substances receive special attention under TSCA: PCBs, asbestos,
radon, lead, mercury, and formaldehyde.

1. PCBs (Polychlorinated Biphenyls): regulated under TSCA Section 6(e)

and related regulations found at 40 CFR Part 761. In 1979, PCBs were
banned from manufacture in the United States. However, some products
and equipment that used PCBs were allowed to continue to use them,
such as electrical transformers, coatings and pigments.
2. Asbestos: In 1986, Congress enacted the Asbestos Hazard Emergency
Response Act (AHERA) and amended the act in 1990 to modify EPA’s
school asbestos remediation program. The objective of AHERA
compliance monitoring is to ensure regulatory compliance and, thereby,
minimize the risk of exposure to asbestos in schools.
3. Radon: Radon received special attention in 1988 when Congress set as a
long-term national goal that indoor radon levels are not to exceed outside
ambient levels.
4. Lead: In 1992, Congress enacted TSCA Title IV to create a national
program to achieve the national goal of eliminating lead-based paint
hazards from housing as expeditiously as possible. In 2007, Congress
enacted TSCA Title V, authorizing EPA to establish a state grant program
to provide technical assistance on EPA environmental programs for
schools and to implement school environmental health programs. Title V
 also requires EPA to develop guidance addressing, among other things,
school siting.
5. Formaldehyde: Title VI of TSCA, the Formaldehyde Standards for
Composite Wood Products Act, establishes limits for formaldehyde
emissions from composite wood products: hardwood plywood, medium-
density fiberboard, and particleboard. EPA has been directed by
Congress to promulgate final regulations implementing the Act by
January 1, 2013.
6. Mercury: Title I of TSCA also prohibits the sale, distribution, or transfer
of elemental mercury by Federal agencies.

MITIGATING THE IMPACTS OF CLIMATE CHANGE

Environmental laws in the United States play a crucial role in mitigating
the impacts of climate change. These laws are designed to address the
reduction of greenhouse gas emissions, promote renewable energy sources, and
foster sustainable practices. The Environmental Protection Agency (EPA) is at
the forefront of implementing climate change regulations and initiatives. Under
Executive Order 13990, the EPA is considering rulemaking proposals to
address major sources of climate- and health-harming pollution, such as the
transportation, oil and natural gas, and power sectors. These efforts aim to
reduce emissions and transition to cleaner energy sources. Additionally,
existing environmental laws interact with climate change in various ways. They
provide a framework for regulating greenhouse gas emissions, promoting
energy efficiency, and encouraging the adoption of renewable energy
technologies. For example, the Clean Air Act (CAA) sets standards for air
quality and regulates emissions from industrial sources and vehicles,
contributing to the reduction of greenhouse gas emissions. Furthermore, recent
legislation has been enacted to address climate change. The Infrastructure
Investment and Jobs Act, passed in 2021, includes significant investments in
climate and clean energy initiatives. It aims to reduce greenhouse gas
emissions and promote the development of clean technologies.
These environmental laws and initiatives demonstrate the commitment of
the United States to tackle climate change and mitigate its impacts. By
regulating emissions, promoting clean energy, and investing in sustainable
infrastructure, these laws contribute to the global effort to address climate
change and create a more sustainable future.
◘ There are several other environmental laws in the United States
that specifically address climate change and its effects. Here are a few notable
examples:
1. Clean Air Act (CAA): The CAA includes provisions that regulate
greenhouse gas emissions from various sources, such as power plants,
vehicles, and industrial facilities. These regulations aim to reduce carbon
dioxide and other greenhouse gas emissions, contributing to efforts to mitigate
climate change.
2. Executive Orders: Presidents have the authority to issue executive
orders that address climate change and promote sustainability. For example,
Executive Order 13990, issued by President Biden, focuses on protecting
public health and the environment and restoring science to tackle the climate
crisis.
3. Climate Adaptation Policies: The United States has implemented
climate adaptation policies to address the impacts of climate change on various
sectors. These policies aim to enhance resilience, protect vulnerable
communities, and promote sustainable practices in the face of changing
climate conditions.
4. Investments in Climate and Clean Energy: Recent legislation, such
as the Infrastructure Investment and Jobs Act, includes significant
investments in climate and clean energy initiatives. These investments aim to
reduce greenhouse gas emissions and promote the development and adoption
of clean technologies.
These are just a few examples of the environmental laws and initiatives
in the United States that specifically target climate change and its effects. The
implementation and impact of these laws are ongoing efforts, as the nation
continues to address the challenges posed by climate change.
 ENVIRONMENTAL LAWS OF JAPAN

INTRODUCTION:

The history of pollution in Japan goes back to the beginning of the Meiji
Period. Around the 20th year of the Meiji Period, the mineral pollution case of
the Ashio Copper Mine came to be known as the first pollution case that
occurred in Japan. Since the end of World War II, Japan has strongly upgraded
the industrial infrastructure and developed heavy-industrialization since about
the 25th year of the Showa period. A large amount of pollutants had been
emitted because of the massive increase in industrial manufacturing. Also
because factories were built on waterfront areas to increase production
efficiency, the sources of pollutant generation were concentrated. Terrible
pollution-related diseases, including four major diseases such as Minamata
disease and Yokkaichi asthma, were triggered.

Basic Law for Environmental Pollution Control was enacted in the 42nd
year of the Showa Period in order to promote pollution control measures
comprehensively and systematically. In this law, the target coverage for
pollution and responsibility of waste producers, the national and local
governments were specified. In addition, a special Diet session at the end of
Nov. in the 45th year of the Showa Period (the 65th Diet) conducted intensive
debates regarding the pollution issue, and submitted 14 bills about the
pollution-related laws and regulations, including the Basic Law for
Environmental Pollution Control amendments, and all of them were passed.
After the debate about the unification of pollution management in the Diet, the
Environmental Agency was established in the 46th year of the Showa Period
After that, in the 5th year of the Heisei Period, the Basic Environmental Law
was enacted which evolved from the Basic Law for Environmental Pollution
Control.

A report comparing the damages and expenditures for pollution called

Japan's Pollution Experience as started in 1991 by the Society for Global
Environmental Economic Research. In this report, they compare annual
damages to annual expenditures for three of Japan's major pollution cases;
they are Yokkaichi City, the Minamata area and the Jinzu River watershed
(used assumed damages, compared to the actual damages for the Yokkaichi
case). According to estimates, 21.07 billion yen for damages and 14.795 billion
yen for expenditures in the Yokkaichi City case, 12.631 billion yen for damages
and 123 million yen for expenditures in the Minamata area case, and 2.518
billion yen for damages and 620 million yen for expenditures in the Jinzu River
case. As one can see in the comparison, in order to prevent health damage,
investing sufficiently in environmental preservation measures from an early
stage of pollution production is the rational choice, financially speaking.
Without proper pollution control measures and only considering short-term
benefits, basic human activities such as economic growth might be harmed; in
the long term, a sustainable economy cannot be achieved.

DISCUSSION:

The Basic Environment Law and the Basic Environment Plan

The Basic Environment Plan is based on the basic plan for

environmental conservation Article 15, The Basic Environment Law, and was
decided by the cabinet while consulting the Central Environment Council. It
was approved on Dec., 1994.

It declared the basic idea for environment policy based on the principles
of the Basic Environment Law and four long-term objectives of cycle,
harmonious coexistence, participation, and international activities and looking
to the mid-twenty first century. It also indicated the direction for measures to
be taken for the early 21st century, to be developed comprehensively and
systematically

Japan's Ministry of the Environment

- is responsible for setting standards under the basic environmental laws of

japan

The Central Pollution Control Board (CPCB)

- responsible in controlling and monitoring pollution in japan

 - given the power to provide strategies and informing environmental
agencies of japan about the pollution on the area.

- responsible in trainings and environmental education of the state

ENVIRONMENTAL LAWS OF JAPAN

A. Air Pollution Control Act (Act No. 97 of June 10, 1968)

As the aim is to protect the nation's health and to conserve the human
environment:

1.)Regulation for smoke and soot, as well as dust from factories and
business establishments.

2.)Implementation of countermeasures for hazardous air pollutants.

3.Stipulating allowable limit of automobile exhaust gas, and so on.

Additionally, it provides liability in damages to protect victims with
impeccability from business establishments.

Monitoring and Publicizing Air Quality

Quality of the atmosphere is measured at monitoring stations mostly by local

authorities

2 TYPES OF STATION

1. roadside air pollution monitoring stations

2. ambient air pollutions monitoring stations (APMSs)
B. The Water Pollution Control Law(Act No. 138 of December 25, 1970)
To prevent the pollution of water in public water areas by regulating
effluent discharged from factories or business establishments into public water
areas.

In addition, it promotes measures against domestic effluents. It aims to

protect the nation's health and to conserve the human environment.

1. Industrial Water Act - Establish to control ground water intake in areas

prone to land subsidence.
2. Interim Law - became permanent in 1928
- Implemented to reduce pollution in lake such as Lake Bina which provides
water for many people.

Act aims to prevent pollution in public water areas and to regulate

drainage from factories and water penetration.

3. A Hot Springe Law - Protects the 25,000 hot spring sources through
out Japan - Provides Guidelines to visitors clothings and attire before soaking
or entering a hot spring
4. Marine Pollution Control Act -established in 1970 - amended in
1976 with the conditioned of provisions for marine disasters. e. Industrial
Water Act - Establish to control ground water intake in areas prove to land
subsidence.
 Under the Water Pollution Control Law, the Ministry of the Environment
sets standards for effluents from factories and other commercial facilities that
discharge wastewater into public waters such as seas, rivers, and lakes.

MONITORING AND PIBLICIZING WATER QUALITY

Local governments monitor the quality of water in seas, rivers, lakes,

and groundwater, according to the common items and methods set by the
Ministry of the Environment, and compare them with environmental quality
standards. The Ministry of the Environment collects and publicizes the
results and other information related to water quality so as to raise public
awareness and encourage further action to protect the environment.

2 CATEGORIES OF the effluent standards

1. the protection of human health and includes standards on pollutants such

as mercury and cadmium, which can cause diseases.
2. the protection of the living environment and includes standards such as
Biochemical Oxygen Demand (BOD) and Chemical Oxygen Demand (COD),
which are indicators of water quality for organic contamination.

C. SOIL CONTAMINATION COUNTERMEASURES ACT

Article 1 The purpose of this Act is to facilitate the implementation of
countermeasures against soil contamination by formulating measures to grasp
the situation of soil contamination by Designated Hazardous Substances and
measures to prevent harm to human health resulting from such
contamination, and thereby to protect the health of the citizens.

1. Soil Pollution Act. Forest Law C1951 - Restricts logging and

development with a permit from prefectural government .
2. The Basic Forestry Law of 1964
3. The Forest Owner Association Law of 1978 promote comprehensive
and systematic implementation of policies of forest and forestry.
Established for a person to built and have a property in the forest of
Japan but not for passive income in restricted areas.

D. Act on Waste Management and Public Cleansing

Act No. 137 of December 25, 1970)
Article 1 The purpose of this Act is to conserve the living environment
and enhance public health by controlling the discharge of waste and carrying
out management such as proper sorting, storage, collection, transport,
recycling, disposal, etc. of waste, and to keep the living environment clean.

E. Plant Protection Act (Act No. 151 of May 4, 1950)

Article 1 The purpose of this Act is to quarantine plants imported
to and exported from Japan and plants in Japan, to eliminate plants and
animals harmful to plants, and to prevent the spread of those and
thereby ensure the safety of and growth in agricultural production.
 ENVIRONMENTAL LAWS OF SINGAPORE

POLLUTION LAWS AND POLICY OF SINGAPORE

Environmental Protection and Management Act (Chapter 94A, Revised

Edition 2002)

The Environmental Protection and Management Act (EPMA) is the primary

legislation in Singapore dealing with the issue of environmental pollution
control in the areas of air, water, and noise pollution. It also establishes a
licensing scheme for the importation, manufacture, and sale of hazardous
substances, and the requirement for impact analysis at sites where hazardous
substances are stored, handled, or used. Additionally, it provides for the
general control of pollution in construction sites, as well as the appointment of
environmental control officers, and the requirement for pollution control
studies at construction sites.

Environmental Public Health Act (Chapter 95, Revised Edition 2002)

The Environmental Public Health Act is the primary legislation for the
management of waste, including the provision of street cleaning, refuse
removal for residences, businesses, and industries, and the punishment of
litterbugs by corrective work orders. It is also the controlling act for the control
of water purity.

Radiation Protection Act (Chapter 262, Revised Edition 2008)

This Act implements the Convention of the Physical Protection of Nuclear

Material in Singapore, which it acceded to in 2014. Amongst other things, it
provides for legislation for the prevention of radioactive/nuclear (land) pollution
through the improper disposal of radioactive waste.

Transboundary Haze Pollution Act (No 24 of 2014)

The Transboundary Haze Pollution Act is Singapore’s responses to the near-

annual haze in Southeast Asia. The Act makes it an offence to engage in
conduct (both within and outside Singapore) which causes or contributes to
haze in pollution in Singapore. Additionally, it also provides for civil liability for
the same.

Sewerage and Drainage Act (Chapter 294, Revised Edition 2001)

The Sewerage and Drainage Act is the primary legislation for the regulation and
provision of sewerage and drainage systems. This is particularly important in
Singapore’s context in the protection of water resources as Singapore has a
near-closed water loop model of water management; it is thus important to
ensure that rainwater drainage is kept separate from sewage and trade
effluent.

Hazardous Waste (Control of Export, Import and Transit) Act (Chapter

122A, Revised Edition 1998)

This Act implements the Basel Convention on the Control of Transboundary

Movements of Hazardous Wastes and their Disposal, which Singapore acceded
to in 1996. The Act sets up a system of permits for the import and export of
hazardous waste pursuant to the Basel Convention. It also allows the
Singapore government to recognise the extended definitions of hazardous waste
in other jurisdictions, as it has for Indonesia, Malaysia, Philippines, and
Thailand. This results in the Singapore authorities not allowing the export of
hazardous waste to these jurisdictions according to their extended definitions.

Environmental Challenges in Singapore and the Philippines

Singapore, despite its small size, faces intricate challenges arising from rapid
urbanization and industrialization. Balancing economic growth with
environmental sustainability is a delicate task, given the limited land area and
high population density. Issues such as air quality, waste management, and
water scarcity demand robust legal measures.
The Philippines, on the other hand, confronts a diverse range of environmental
concerns. Deforestation, illegal fishing, and inadequate waste disposal systems
pose significant threats. The archipelagic nature of the country amplifies
vulnerability to climate change, manifesting in typhoons, rising sea levels, and
ecosystem disruptions.

Overview of Environmental Laws in Singapore and the Philippines:

A. Singapore

Singapore boasts a comprehensive environmental legal framework that

includes key legislation like the Environmental Protection and Management Act
and the Public Utilities Act. Regulatory oversight is primarily managed by the
National Environment Agency (NEA), with specific bodies like the Public
Utilities Board (PUB) addressing water-related issues. Enforcement
mechanisms involve fines, penalties, and regulatory compliance audits.

B. The Philippines

In the Philippines, environmental laws are embodied in statutes such as the

Philippine Clean Air Act and the Ecological Solid Waste Management Act. The
Department of Environment and Natural Resources (DENR) serves as the
principal regulatory authority, with various agencies under its umbrella
focusing on specific aspects like biodiversity and pollution control.
Enforcement is carried out through legal sanctions, environmental impact
assessments, and community involvement initiatives.

Strengths of Singapore's Environmental Laws

1. Stringent Regulations

Singapore's environmental laws are characterized by rigorous regulations that

set high standards for pollution control, waste management, and conservation.
For instance, the Environmental Protection and Management Act establish
strict emission standards and regulatory limits for industrial activities,
contributing to a cleaner environment.

2. Effective Enforcement

The National Environment Agency (NEA) in Singapore plays a pivotal role in

ensuring compliance with environmental regulations. The agency employs a
robust enforcement mechanism, conducting regular inspections and audits to
monitor adherence to standards. This proactive approach enhances the
effectiveness of environmental law enforcement.

3. Successful Environmental Initiatives

Singapore has implemented successful environmental initiatives, exemplified

by the "Water for All" program. This initiative focuses on sustainable water
management, utilizing advanced technologies for efficient water reuse and
conservation. The success of such programs reflects the adaptability and
innovation embedded in Singapore's environmental laws.
4. Innovative Waste Management

Singapore's waste management strategies, including the construction of the

Integrated Waste Management Facilities, showcase innovative solutions. The
effective management of solid waste through recycling and waste-to-energy
technologies demonstrates a commitment to sustainable practices within the
legal framework.

Weaknesses of Singapore's Environmental Laws

1. Limited Coverage in Certain Areas

While Singapore's environmental laws are robust, there are areas where
coverage may be limited. For instance, gaps in regulations related to certain
emerging pollutants or environmental concerns may exist. Continuous
monitoring and updating of legislation are crucial to address evolving
challenges.

2. Challenges in Enforcement for Small Businesses

The enforcement of environmental laws may pose challenges for small

businesses. Ensuring compliance with regulations can be resource-intensive,
and smaller enterprises may face difficulties in meeting stringent standards.
Tailored support mechanisms or incentives could be explored to address these
challenges.

3. Complexity in Cross-Sectoral Coordination

Coordinating efforts across different sectors can be complex. For example,

aligning policies related to urban development, transportation, and
environmental conservation requires extensive collaboration. Strengthening
inter-agency coordination could enhance the holistic impact of environmental
laws.

4. Balancing Economic Growth and Environmental Sustainability

Singapore's rapid economic growth is often prioritized, potentially leading to

environmental trade-offs. Striking a balance between development and
conservation is an ongoing challenge. Sustainable practices that align
economic growth with environmental protection need further emphasis within
the legal framework.

Strengths of the Environmental Legal Framework in the Philippines

1. Successful Policies for Biodiversity Conservation

The Philippines has implemented successful policies to conserve biodiversity,

such as the Wildlife Resources Conservation and Protection Act. These policies
aim to safeguard endangered species and their habitats, demonstrating a
commitment to preserving the country's rich biological diversity.

2. Community-Based Resource Management

Community involvement is a cornerstone of the Philippines' environmental
legal framework, particularly in initiatives like Community-Based Forest
Management (CBFM). This approach empowers local communities to actively
participate in sustainable resource management, fostering a sense of
ownership and responsibility.

3. Pollution Control Measures

The Clean Water Act and the Clean Air Act are instrumental in regulating and
controlling pollution in the Philippines. These laws set standards for water and
air quality, contributing to improved environmental conditions and public
health.

4. Environmental Impact Assessment (EIA) System

The Philippines has a well-established EIA system, requiring project

proponents to assess and mitigate potential environmental impacts before
undertaking major developments. This proactive approach ensures that
environmental considerations are integrated into planning processes.

Weaknesses of the Philippine Environmental Legal System

1. Enforcement Challenges

The enforcement of environmental laws in the Philippines faces challenges,

including limited resources, manpower constraints, and the need for more
stringent monitoring. For example, illegal logging persists in certain regions
due to difficulties in patrolling vast forested areas effectively.

2. Inconsistent Compliance

Inconsistent compliance with environmental regulations is a concern. Some

industries may struggle to meet standards, leading to pollution and
environmental degradation. Strengthening enforcement mechanisms and
providing support for compliance, especially among smaller enterprises, is
essential.

3. Gaps in Legislation for Emerging Issues

There may be gaps in legislation when it comes to addressing emerging

environmental issues. For instance, the rapid increase in electronic waste
poses challenges, and specific regulations may be needed to manage this
growing concern effectively.

4. Land Use Planning Challenges

Land use planning and zoning issues can contribute to environmental

challenges. Poorly planned urban development and inadequate zoning
regulations may lead to habitat loss, deforestation, and other environmental
disruptions.