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THE 1987 CONSTITUTION
THE CONSTITUTION OF THE REPUBLIC OF THE
PHILIPPINES
SECTION 16. The State shall protect and advance the right of the
people to a balanced and healthful ecology in accord with the rhythm
and harmony of nature.
PREAMBLE
SECTION 22. The State recognizes and promotes the rights of
indigenous cultural communities within the framework of national
unity and development.
We, the sovereign Filipino people, imploring the aid of Almighty God,
in order to build a just and humane society and establish a Government
that shall embody our ideals and aspirations, promote the common
good, conserve and develop our patrimony, and secure to ourselves
and our posterity the blessings of independence and democracy under
the rule of law and a regime of truth, justice, freedom, love, equality,
and peace, do ordain and promulgate this Constitution.
ARTICLE I
National Territory
The national territory comprises the Philippine archipelago, with all
the islands and waters embraced therein, and all other territories over
which the Philippines has sovereignty or jurisdiction, consisting of its
terrestrial, fluvial, and aerial domains, including its territorial sea, the
seabed, the subsoil, the insular shelves, and other submarine areas. The
waters around, between, and connecting the islands of the archipelago,
regardless of their breadth and dimensions, form part of the internal
waters of the Philippines.
ARTICLE II
Declaration of Principles and State Policies
SECTION 15. The State shall protect and promote the right to health
of the people and instill health consciousness among them.
ARTICLE XII
National Economy and Patrimony
SECTION 2. All lands of the public domain, waters, minerals, coal,
petroleum, and other mineral oils, all forces of potential energy,
fisheries, forests or timber, wildlife, flora and fauna, and other natural
resources are owned by the State. With the exception of agricultural
lands, all other natural resources shall not be alienated. The
exploration, development, and utilization of natural resources shall be
under the full control and supervision of the State. The State may
directly undertake such activities, or it may enter into co-production,
joint venture, or production-sharing agreements with Filipino citizens,
or corporations or associations at least sixty per centum of whose
capital is owned by such citizens. Such agreements may be for a period
not exceeding twenty-five years, renewable for not more than twentyfive years, and under such terms and conditions as may be provided by
law. In cases of water rights for irrigation, water supply, fisheries, or
industrial uses other than the development of water power, beneficial
use may be the measure and limit of the grant.
The State shall protect the nation’s marine wealth in its archipelagic
waters, territorial sea, and exclusive economic zone, and reserve its use
and enjoyment exclusively to Filipino citizens.
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The Congress may, by law, allow small-scale utilization of natural
resources by Filipino citizens, as well as cooperative fish farming, with
priority to subsistence fishermen and fishworkers in rivers, lakes, bays,
and lagoons.
The President may enter into agreements with foreign-owned
corporations involving either technical or financial assistance for
large-scale exploration, development, and utilization of minerals,
petroleum, and other mineral oils according to the general terms and
conditions provided by law, based on real contributions to the
economic growth and general welfare of the country. In such
agreements, the State shall promote the development and use of local
scientific and technical resources.
The President shall notify the Congress of every contract entered into
in accordance with this provision, within thirty days from its
execution.
SECTION 3. Lands of the public domain are classified into
agricultural, forest or timber, mineral lands, and national parks.
Agricultural lands of the public domain may be further classified by
law according to the uses which they may be devoted. Alienable lands
of the public domain shall be limited to agricultural lands. Private
corporations or associations may not hold such alienable lands of the
public domain except by lease, for a period not exceeding twenty-five
years, renewable for not more than twenty-five years, and not to
exceed one thousand hectares in area. Citizens of the Philippines may
lease not more than five hundred hectares, or acquire not more than
twelve hectares thereof by purchase, homestead, or grant.
Taking into account the requirements of conservation, ecology, and
development, and subject to the requirements of agrarian reform, the
Congress shall determine, by law, the size of lands of the public
domain which may be acquired, developed, held, or leased and the
conditions therefor.
SECTION 4. The Congress shall, as soon as possible, determine by
law the specific limits of forest lands and national parks, marking
clearly their boundaries on the ground. Thereafter, such forest lands
and national parks shall be conserved and may not be increased nor
diminished, except by law. The Congress shall provide, for such period
as it may determine, measures to prohibit logging in endangered
forests and watershed areas.
SECTION 5. The State, subject to the provisions of this Constitution
and national development policies and programs, shall protect the
rights of indigenous cultural communities to their ancestral lands to
ensure their economic, social, and cultural well-being.
The Congress may provide for the applicability of customary laws
governing property rights or relations in determining the ownership
and extent of ancestral domain.
SECTION 6. The use of property bears a social function, and all
economic agents shall contribute to the common good. Individuals and
private groups, including corporations, cooperatives, and similar
collective organizations, shall have the right to own, establish, and
operate economic enterprises, subject to the duty of the State to
promote distributive justice and to intervene when the common good
so demands.
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ARTICLE XIII
Social Justice and Human Rights
SECTION 6. The State shall apply the principles of agrarian reform or
stewardship, whenever applicable in accordance with law, in the
disposition or utilization of other natural resources, including lands of
the public domain under lease or concession suitable to agriculture,
subject to prior rights, homestead rights of small settlers, and the rights
of indigenous communities to their ancestral lands.
The State may resettle landless farmers and farmworkers in its own
agricultural estates which shall be distributed to them in the manner
provided by law.
SECTION 7. The State shall protect the rights of subsistence
fishermen, especially of local communities, to the preferential use of
local marine and fishing resources, both inland and offshore. It shall
provide support to such fishermen through appropriate technology and
research, adequate financial, production, and marketing assistance, and
other services. The State shall also protect, develop, and conserve such
resources. The protection shall extend to offshore fishing grounds of
subsistence fishermen against foreign intrusion. Fishworkers shall
receive a just share from their labor in the utilization of marine and
fishing resources.
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Republic Act No. 9522
March 10, 2009
AN ACT TO AMEND CERTAIN PROVISIONS OF REPUBLIC
ACT NO. 3046, AS AMENDED BY REPUBLIC ACT NO. 5446,
TO DEFINE THE ARCHIPELAGIC BASELINE OF THE
PHILIPPINES AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the
Philippines in Congress assembled::
Section 1. Section 1 of Republic Act No. 3046, entitled "An Act to
Define the Baselines of the Territorial Sea of the Philippines", as
amended by Section 1 of Republic Act No. 5446, is hereby amended to
read as follows:
Section 1. The baselines of the Philippines archipelago are
hereby defined and described specifically as follows:
Section 2. The baseline in the following areas over which the
Philippines likewise exercises sovereignty and jurisdiction shall be
determined as "Regime of Islands" under the Republic of the
Philippines consistent with Article 121 of the United Nations
Convention on the Law of the Sea (UNCLOS):
a) The Kalayaan Island Group as constituted under Presidential Decree
No. 1596; and
laws including, without limitation, Republic Act No. 7160, otherwise
known as the Local Government Code of 1991, as amended.
Section 4. This Act, together with the geographic coordinates and the
chart and maps indicating the aforesaid baselines, shall be deposited
and registered with the Secretary General of the United Nations.
Section 5. The National Mapping and Resource Information Authority
(NAMRIA) shall forthwith produce and publish charts and maps of the
appropriate scale clearly representing the delineation of basepoints and
baselines as set forth in this Act.
Section 6. The amount necessary to carry out the provisions of this Act
shall be provided in a supplemental budyet or included in the General
Appropriations Act of the year of its enactment into law.
Section 7. If any portion or provision of this Act is declared
unconstitutional or invalid the other portions or provisions hereof
which are not affected thereby shall continue to be in full force and
effect.
Section 8. The provisions of Republic Act No. 3046, as amended by
Republic Act No. 5446, and all other laws, decrees, executive orders,
rules and issuances inconsistent with this Act are hereby amended or
modified accordingly.
b) Bajo de Masinloc, also known as Scarborough Shoal.
Section 9. This Act shall take effect fifteen (15) days following its
publication in the Official Gazette or in any two (2) newspaper of
general circulation.
Section 3. This Act affirms that the Republic of the Philippines has
dominion, sovereignty and jurisdiction over all portions of the national
territory as defined in the Constitution and by provisions of applicable
Approved
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PRESIDENTIAL DECREE No. 705 May 19, 1975
REVISING PRESIDENTIAL DECREE NO. 389, OTHERWISE
KNOWN AS THE FORESTRY REFORM CODE OF THE
PHILIPPINES
Section 3. Definitions.
(c) 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.
(q) Forest product means timber, pulpwood, firewood, bark, tree top,
resin, gum, wood, oil, honey, beeswax, nipa, rattan, or other forest
growth such as grass, shrub, and flowering plant, the associated water,
fish, game, scenic, historical, recreational and geologic resources in
forest lands.
(cc) License is a privilege granted by the State to a person to utilize
forest resources as in any forest land, without any right of occupation
and possession over the same, to the exclusion of others, or establish
and operate a wood-processing plant, or conduct any activity involving
the utilization of any forest resources.
(dd) License agreement is a privilege granted by the State to a person
to utilize forest resources within any forest land with the right of
possession and occupation thereof to the exclusion of others, except
the government, but with the corresponding obligation to develop,
protect and rehabilitate the same in accordance with the terms and
conditions set forth in said agreement.
(ee) Permit is a short-term privilege or authority granted by the State
to a person to utilize any limited forest resources or undertake a
limited activity with any forest land without any right of occupation
and possession therein.
(ff) Annual allowable cut is the volume of materials, whether of
wood or other forest products, that is authorized to be cut regularly
from the forest.
CHAPTER II
CLASSIFICATION AND SURVEY
Section 15. Topography. No land of the public domain eighteen per
cent (18%) in slope or over shall be classified as alienable and
disposable, nor any forest land fifty per cent (50%) in slope or over, as
grazing land.
Lands eighteen per cent (18%) in slope or over which have already
been declared as alienable and disposable shall be reverted to the
classification of forest lands by the Department Head, to form part of
the forest reserves, unless they are already covered by existing titles or
approved public land application, or actually occupied openly,
continuously, adversely and publicly for a period of not less than thirty
(30) years as of the effectivity of this Code, where the occupant is
qualified for a free patent under the Public Land Act: Provided, That
said lands, which are not yet part of a well-established communities,
shall be kept in a vegetative condition sufficient to prevent erosion and
adverse effects on the lowlands and streams: Provided, further, That
when public interest so requires, steps shall be taken to expropriate,
cancel defective titles, reject public land application, or eject occupants
thereof.
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Section 16. Areas needed for forest purposes. The following lands,
even if they are below eighteen per cent (18%) in slope, are needed for
forest purposes, and may not, therefore, be classified as alienable and
disposable land, to wit:
1. Areas less than 250 hectares which are far from, or are not
contiguous with, any certified alienable and disposable land;
2. Isolated patches of forest of at least five (5) hectares with
rocky terrain, or which protect a spring for communal use;
3. Areas which have already been reforested;
4. Areas within forest concessions which are timbered or have
good residual stocking to support an existing, or approved to be
established, wood processing plant;
5. Ridge tops and plateaus regardless of size found within, or
surrounded wholly or partly by, forest lands where headwaters
emanate;
6. Appropriately located road-rights-or-way;
7. Twenty-meter strips of land along the edge of the normal
high waterline of rivers and streams with channels of at least
five (5) meters wide;
8. Strips of mangrove or swamplands at least twenty (20)
meters wide, along shorelines facing oceans, lakes, and other
bodies of water, and strips of land at least twenty (20) meters
wide facing lakes;
9. Areas needed for other purposes, such as national parks,
national historical sites, game refuges and wildlife sanctuaries,
forest station sites, and others of public interest; and
10. Areas previously proclaimed by the President as forest
reserves, national parks, game refuge, bird sanctuaries, national
shrines, national historic sites:
Provided, That in case an area falling under any of the foregoing
categories shall have been titled in favor of any person, steps shall be
taken, if public interest so requires, to have said title cancelled or
amended, or the titled area expropriated.
CHAPTER III
UTILIZATION AND MANAGEMENT
Section 20. License agreement, license, lease or permit. No person
may utilize, exploit, occupy, possess or conduct any activity within
any forest land, or establish and operate any wood-processing plant,
unless he has been authorized to do so under a license agreement,
lease, license, or permit.
Section 27. Duration of license agreement or license to harvest timber
in forest lands. The duration of the privilege to harvest timber in any
particular forest land under a license agreement or license shall be
fixed and determined in accordance with the annual allowable cut
therein, the established cutting cycle thereof, the yield capacity of
harvestable timber, and the capacity of healthy residuals for a second
growth.
The privilege shall automatically terminate, even before the expiration
of the license agreement of license, the moment the harvestable timber
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have been utilized without leaving any logged-over area capable of
commercial utilization.
The maximum period of any privilege to harvest timber is twenty-five
(25) years, renewable for a period, not exceeding twenty-five (25)
years, necessary to utilize all the remaining commercial quantity or
harvestable timber either from the unlogged or logged-over area.
It shall be a condition for the continued privilege to harvest timber
under any license or license agreement that the licensee shall reforest
all the areas which shall be determined by the Bureau.
CHAPTER IV
CRIMINAL OFFENSES AND PENALTIES
Section 68. Cutting, gathering and/or collecting timber or other
products without license. Any person who shall cut, gather, collect, or
remove timber or other forest products from any forest land, or timber
from alienable and disposable public lands, or from private lands,
without any authority under a license agreement, lease, license or
permit, shall be guilty of qualified theft as defined and punished under
Articles 309 and 310 of the Revised Penal Code; Provided, That in the
case of partnership, association or corporation, the officers who
ordered the cutting, gathering or collecting shall be liable, and if such
officers are aliens, they shall, in addition to the penalty, be deported
without further proceedings on the part of the Commission on
Immigration and Deportation.
The Court shall further order the confiscation in favor of the
government of the timber or forest products to cut, gathered, collected
or removed, and the machinery, equipment, implements and tools used
therein, and the forfeiture of his improvements in the area.
The same penalty plus cancellation of his license agreement, lease,
license or permit and perpetual disqualification from acquiring any
such privilege shall be imposed upon any licensee, lessee, or permittee
who cuts timber from the licensed or leased area of another, without
prejudice to whatever civil action the latter may bring against the
offender.
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Republic Act No. 3571
ACT NO. 3572
An Act to Prohibit the Cutting, Destroying or Injuring of Planted
or Growing Trees, Flowering Plants and Shrubs or Plants of
Scenic Value Along Public Roads, in Plazas, Parks, School
Premises or in Any Other Public Pleasure Ground
AN ACT TO PROHIBIT THE CUTTING OF TINDALO, AKLE,
OR MOLAVE TREES, UNDER CERTAIN CONDITIONS, AND
TO PENALIZE VIOLATIONS THEREOF
Section 3. No cutting, destroying or injuring of planted or growing
trees, flowering plants and shrubs or plants of scenic value along
public roads, in plazas, parks, school premises or in any other public
ground shall be permitted save when the cutting, destroying or injuring
of same is necessary for public safety, or such pruning of same is
necessary to enhance its beauty and only upon the recommendation of
the committee mentioned in the preceding section, and upon the
approval of the Director of Parks and Wildlife. The cutting, destroying
or pruning shall be under the supervision of the committee.
Section 4. Any person who shall cut, destroy or injure trees, flowering
plants and shrubs or plants of scenic value mentioned in the preceding
sections of this Act, shall be punished by prision correccional in its
minimum period to prision mayor in its minimum period.
Be it enacted by the Senate and House of Representative of the
Philippines in Legislature assembled and by the authority of the same:
Section 1. The cutting in the public forests of tindalo, akle, or molave
trees less than sixty centimeters in diameter measured at a height of
four feet from the ground (breast high) is hereby prohibited.
Sec. 2. Any person, company, or corporation violating the provisions
of this Act shall be punished by a fine of not more than fifty pesos or
imprisonment for not more than fifteen days, or both, and to pay,
besides, two times the amount of the tax on the timber cut: Provided,
That in the case of a company or corporation, the president or manager
shall be directly responsible for the acts of his employees or laborers if
it is proven that the latter acted with his knowledge; otherwise the
responsibility will extend only as far as fine is concerned: Provided,
further, That all tindalo, akle or molave timber cut in violation of this
Act shall be forfeited to the Government.
Sec. 3. All acts and provisions of law inconsistent herewith are hereby
repealed.
Sec. 4. This Act shall take effect on its approval
Approved: November 26, 1929.
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REPUBLIC ACT NO. 7586
e. Damaging and leaving roads and trails in a damaged condition;
AN ACT PROVIDING FOR THE ESTABLISHMENT AND
MANAGEMENT OF NATIONAL INTEGRATED PROTECTED
AREAS SYSTEM, DEFINING ITS SCOPE AND COVERAGE,
AND FOR OTHER PURPOSES
f. Squatting, mineral locating, or otherwise occupying any land;
Section 4. Definition of Terms – For purposes of this Act, the
following terms shall be defined as follows:
h. Leaving in exposed or unsanitary conditions refuse or debris, or
depositing in ground or in bodies of water; and
(b) "Protected Area" refers to identified portions of land and water
set aside by reason of their unique physical and biological significance,
managed to enhance biological diversity and protected against
destructive human exploitation;
i. Altering, removing destroying or defacing boundary marks or signs.
Section 20. Prohibited Acts. – Except as may be allowed by the nature
of their categories and pursuant to rules and regulations governing the
same, the following acts are prohibited within protected areas:
a. Hunting, destroying, disturbing, or mere possession of any plants or
animals or products derived therefrom without a permit from the
Management Board;
b. Dumping of any waste products detrimental to the protected area, or
to the plants and animals or inhabitants therein;
c. Use of any motorized equipment without a permit from the
Management Board;
d. Mutilating, defacing or destroying objects of natural beauty, or
objects of interest to cultural communities (of scenic value);
g. Constructing or maintaining any kind of structure, fence or
enclosures, conducting any business enterprise without a permit;
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Republic Act No. 8371
October 29, 1997
AN ACT TO RECOGNIZE, PROTECT AND PROMOTE THE
RIGHTS OF INDIGENOUS CULTURAL
COMMUNITIES/INDIGENOUS PEOPLE, CREATING A
NATIONAL COMMISSION OF INDIGENOUS PEOPLE,
ESTABLISHING IMPLEMENTING MECHANISMS,
APPROPRIATING FUNDS THEREFOR, AND FOR OTHER
PURPOSES
Section 3. Definition of Terms. - For purposes of this Act, the
following terms shall mean:
a) Ancestral Domains - Subject to Section 56 hereof, refer to all areas
generally belonging to ICCs/IPs comprising lands,inland waters,
coastal areas, and natural resources therein, held under a claim of
ownership, occupied or possessed by ICCs/IPs, themselves or through
their ancestors, communally or individually since time immemorial,
continuously to the present except when interrupted by war, force
majeure or displacement by force, deceit, stealth or as a consequence
of government projects or any other voluntary dealings entered into by
government and private individuals, corporations, and which are
necessary to ensure their economic, social and cultural welfare. It shall
include ancestral land, forests, pasture, residential, agricultural, and
other lands individually owned whether alienable and disposable or
otherwise, hunting grounds, burial grounds, worship areas, bodies of
water, mineral and other natural resources, and lands which may no
longer be exclusively occupied by ICCs/IPs but from which their
traditionally had access to for their subsistence and traditional
activities, particularly the home ranges of ICCs/IPs who are still
nomadic and/or shifting cultivators;
b) Ancestral Lands - Subject to Section 56 hereof, refers to land
occupied, possessed and utilized by individuals, families and clans
who are members of the ICCs/IPs since time immemorial, by
themselves or through their predecessors-in-interest, under claims of
individual or traditional group ownership,continuously, to the present
except when interrupted by war, force majeure or displacement by
force, deceit, stealth, or as a consequence of government projects and
other voluntary dealings entered into by government and private
individuals/corporations, including, but not limited to, residential lots,
rice terraces or paddies, private forests, swidden farms and tree lots;
c) Certificate of Ancestral Domain Title - refers to a title formally
recognizing the rights of possession and ownership of ICCs/IPs over
their ancestral domains identified and delineated in accordance with
this law;
d) Certificate of Ancestral Lands Title - refers to a title formally
recognizing the rights of ICCs/IPs over their ancestral lands;
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REPUBLIC ACT NO. 9147
July 30, 2001
AN ACT PROVIDING FOR THE CONSERVATION AND
PROTECTION OF WILDLIFE RESOURCES AND THEIR
HABITATS, APPROPRIATING FUNDS THEREFOR AND FOR
OTHER PURPOSES
Section 5. Definition of Terms. As used in the Act, the term:
(a) "Bioprospecting" means the research, collection and utilization of
biological and genetic resources for purposes of applying the
knowledge derived there from solely for commercial purposes;
CHAPTER III
CONSERVATION AND PROTECTION OF WILDLIFE
RESOURCES
ARTICLE ONE
General Provision
Section 7. Collection of Wildlife. Collection of wildlife may be
allowed in accordance with Section 6 of this Act:Provided, That in the
collection of wildlife, appropriate and acceptable wildlife collection
techniques with least or no detrimental effects to the existing wildlife
populations and their habitats shall, likewise, be required: Provided,
further, That collection of wildlife by indigenous people may be
allowed for traditional use and not primarily for trade:Provided,
furthermore, That collection and utilization for said purpose shall not
cover threatened species: Provided, finally, That Section 23 of this Act
shall govern the collection of threatened species.
Section 8. Possession of Wildlife. - No person or entity shall be
allowed possession of wildlife unless such person or entity can prove
financial and technical capability and facility to maintain said
wildlife: Provided,
That the source was not obtained in violation of this Act.
Section 9. Collection and/or Possession of By-Products and
Derivatives. By-products and derivatives may be collected and/or
possessed: Provided, That the source was not obtained in violation of
this Act.
Section 10. Local Transport of Wildlife, By-Products and Derivatives.
- Local transport of wildlife, by-products and derivatives collected or
possessed through any other means shall be authorized unless the same
is prejudicial to the wildlife and public health.
Section 11. Exportation and/or Importation of Wildlife. Wildlife
species may be exported to or imported from another country as may
be authorized by the Secretary or the designated representative, subject
to strict compliance with the provisions of this Act and rules and
regulations promulgated pursuant thereto: Provided, That the recipient
of the wildlife is technically and financially capable to maintain it.
Section 12. Introduction, Reintroduction or Restocking of Endemic or
Indigenous Wildlife. - The introduction, reintroduction or restocking of
endemic and indigenous wildlife shall be allowed only for population
enhancement of recovery purposes subject to prior clearance from the
Secretary of the authorized representative pursuant to Section 6 of this
Act. Any proposed introduction shall be subject to a scientific study
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which shall focus on the bioecology. The proponent shall also conduct
public consultations with concerned individuals or entities.
bioprospecting proposal by concerned bodies shall be made within a
reasonable period.
Section 13. Introduction of Exotic Wildlife. - No exotic species shall
be introduced into the country, unless a clearance from the Secretary
or the authorized representative is first obtained. In no case shall exotic
species be introduced into protected areas covered by Republic Act
No. 7586 and to critical habitats under Section 25 hereof.
Upon submission of the complete requirements, the Secretary shall act
on the research proposal within a reasonable period.
In cases where introduction is allowed, it shall be subject to
environmental impact study which shall focus on the bioecology,
socioeconomic and related aspects of the area where the species will
be introduced. The proponent shall also be required to secure the prior
informed consent from the local stakeholders.
Section 14. Bioprospecting. - Bioprospecting shall be allowed upon
execution of an undertaking by any proponent, stipulating therein its
compliance with and commitment(s) to reasonable terms and
conditions that may be imposed by the Secretary which are necessary
to protect biological diversity.
The Secretary or the authorized representative, in consultation with the
concerned agencies, before granting the necessary permit, shall require
that prior informed consent be obtained by the applicant from the
concerned indigenous cultural communities, local communities,
management board under Republic Act No. 7586 or private individual
or entity. The applicant shall disclose fully the intent and scope of the
bioprospecting activity in a language and process understandable to the
community. The prior informed consent from the indigenous peoples
shall be obtained in accordance with existing laws. The action on the
If the applicant is a foreign entity or individual, a local institution
should be actively involved in the research, collection and, whenever
applicable and appropriate in the technological development of the
products derived from the biological and genetic resources.
Section 15. Scientific Researches on Wildlife.
Collection and
utilization of biological resources for scientific research and not for
commercial purposes shall be allowed upon execution of an
undertaking/agreement with and issuance of a gratuitous permit by the
Secretary or the authorized representative: Provided, That prior
clearance from concerned bodies shall be secured before the issuance
of the gratuitous permit: Provided, further, That the last paragraph of
Section 14 shall likewise apply.
CHAPTER IV
ILLEGAL ACTS
Section 27. Illegal Acts. - Unless otherwise allowed in accordance
with this Act, it shall be unlawful for any person to willfully and
knowingly exploit wildlife resources and their habitats, or undertake
the following acts;
(a) killing and destroying wildlife species, except in the following
instances;
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(i) when it is done as part of the religious rituals of established tribal
groups or indigenous cultural communities;
(ii) when the wildlife is afflicted with an incurable communicable
disease;
(iii) when it is deemed necessary to put an end to the misery suffered
by the wildlife;
(iv) when it is done to prevent an imminent danger to the life or limb
of a human being; and
(v) when the wildlife is killed or destroyed after it has been used in
authorized research or experiments.
(b) inflicting injury which cripples and/or impairs the reproductive
system of wildlife species;
(c) effecting any of the following acts in critical habitat(s)
(i) dumping of waste products detrimental to wildlife;
(ii) squatting or otherwise occupying any portion of the critical habitat;
(iii) mineral exploration and/or extraction;
(iv) burning;
(v) logging; and
(vi) quarrying
(d) introduction, reintroduction or restocking of wildlife resources;
(e) trading of wildlife;
(f) collecting, hunting or possessing wildlife, their by-products and
derivatives;
(g) gathering or destroying of active nests, nest trees, host plants and
the like;
(h) maltreating and/or inflicting other injuries not covered by the
preceding paragraph; and
(i) transporting of wildlife.
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PRESIDENTIAL DECREE No. 1151
PHILIPPINE ENVIRONMENTAL POLICY
WHEREAS, the individual and, at times, conflicting, demands of
population growth, urbanization, industrial expansion, rapid natural
resources utilization and increasing technological advances have
resulted in a piecemeal-approach concept of environmental protection;
WHEREAS, such tunnel-vision concept is not conducive to the
attainment of an ideal environmental situation where man and nature
can thrive in harmony with one another; and
WHEREAS, there is now an urgent need to formulate an intensive,
integrated program of environmental protection that will bring about a
concerted effort towards the protection of the entire spectrum of the
environment through a requirement of environmental impact
assessments and statements:
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the
Philippines, by virtue of the powers vested in me by the Constitution,
do hereby order and decree:
Section 1. Policy. It is hereby declared a continuing policy of the State
(a) to create, develop, maintain and improve conditions under which
man and nature can thrive in productive and enjoyable harmony with
each other, (b) to fulfill the social, economic and other requirements of
present and future generations of Filipinos, and (c) to insure the
attainment of an environmental quality that is conducive to a life of
dignity and well-being.
Section 2. Goal. In pursuing this policy, it shall be the responsibility
of the Government, in cooperation with concerned private
organizations and entities, to use all practicable means, consistent with
other essential considerations of national policy, in promoting the
general welfare to the end that the Nation may (a) recognize, discharge
and fulfill the responsibilities of each generation as trustee and
guardian of the environment for succeeding generations, (b) assure the
people of a safe, decent, healthful, productive and aesthetic
environment, (c) encourage the widest exploitation of the environment
without degrading it, or endangering human life, health and safety or
creating conditions adverse to agriculture, commerce and industry, (d)
preserve important historic and cultural aspects of the Philippine
heritage, (e) attain a rational and orderly balance between population
and resource use, and (f) improve the utilization of renewable and nonrenewable resources.
Section 3. Right to a Healthy Environment. In furtherance of these
goals and policies, the Government recognizes the right of the people
to a healthful environment. It shall be the duty and responsibility of
each individual to contribute to the preservation and enhancement of
the Philippine environment.
Section 4. Environmental Impact Statements. Pursuant to the above
enunciated policies and goals, all agencies and instrumentalities of the
national government, including government-owned or controlled
corporations, as well as private corporations firms and entities shall
prepare, file and include in every action, project or undertaking which
significantly affects the quality of the environment a detail statement
on
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(a) the environmental impact of the proposed action, project or
undertaking
with the provisions of this Decree are hereby repealed, amended or
modified accordingly.
(b) any adverse environmental effect which cannot be avoided should
the proposal be implemented;
Section 7. Effectivity. This Decree shall take effect immediately.
(c) alternative to the proposed action;
(d) a determination that the short-term uses of the resources of the
environment are consistent with the maintenance and enhancement of
the long-term productivity of the same; and
(e) whenever a proposal involve the use of depletable or nonrenewable resources, a finding must be made that such use and
commitment are warranted.
Before an environmental impact statement is issued by a lead agency,
all agencies having jurisdiction over, or special expertise on, the
subject matter involved shall comment on the draft environmental
impact statement made by the lead agency within thirty (30) days from
receipt of the same.
Section 5. Agency Guidelines. The different agencies charged with
environmental protection as enumerated in Letter of Instruction No.
422 shall, within sixty (60) days from the effectivity of this Decree,
submit to the National Environmental Protection Council (NEPC),
their respective guidelines, rules and regulations to carry out the
provisions of Sec. 4 hereof on environmental impact assessments and
statements.
Section 6. Repealing Clause. All Acts, Presidential Decrees, executive
orders, rules and regulations or parts thereof which are inconsistent
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PRESIDENTIAL DECREE No. 1586
ESTABLISHING AN ENVIRONMENTAL IMPACT
STATEMENT SYSTEM, INCLUDING OTHER
ENVIRONMENTAL MANAGEMENT RELATED MEASURES
AND FOR OTHER PURPOSES
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 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 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.
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PROCLAMATION NO. 2146
PROCLAIMING CERTAIN AREAS AND TYPES OF
PROJECTS AS ENVIRONMENTALLY CRITICAL AND
WITHIN THE SCOPE OF THE ENVIRONMENTAL IMPACT
STATEMENT SYSTEM ESTABLISHED UNDER
PRESIDENTIAL DECREE NO. 1586.
WHEREAS, it is the national policy to attain and maintain a rational
and orderly balance between socio-economic growth and
environmental conservation and protection;
WHEREAS, there is an urgent need to bring about an intensive,
integrated program of environmental protection through a requirement
of environmental impact assessments and statements;
WHEREAS, the environmental impact statement system established
under Presidential Decree No, 1586 calls for the proper management
of environmentally critical areas;
WHEREAS, the pursuit of a comprehensive and integrated
environmental protection program necessitates the establishment and
institutionalization of a system whereby the exigencies of socioeconomic undertakings can be reconciled with the requirements of
environmental protection and conservation;
WHEREAS, the national leadership mandates the establishment of
such a system to regulate and minimize the environmental impacts of
projects and undertakings which may significantly affect the quality of
the environment in Presidential Decree No. 1586; and
WHEREAS, in the effective implementation of such a system, there
arises the need to identify and declare certain projects determined to be
environmentally critical;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the
Philippines, by virtue of the powers vested in me by law, hereby
proclaim the following areas and types of projects as environmentally
critical and within the scope of the Environmental Impact Statement
System;
A. Environmentally Critical Projects
I. Heavy Industries
a. Non-ferrous metal industries
b. Iron and steel mills
c. Petroleum and petro-chemical industries including oil and gas
d. Smelting plants
II. Resource Extractive Industries
a. Major mining and quarrying projects
b. Forestry projects
1. Logging
2. Major wood processing projects
3. Introduction of fauna (exotic-animals) in public/private
forests
4. Forest occupancy
5. Extraction of mangrove products
6. Grazing
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c. Fishery Projects
1. Dikes for/and fishpond development projects
III. Infrastructure Projects
a. Major dams
b. Major power plants (fossil-fueled, nuclear fueled, hydroelectric or
geothermal)
c. Major reclamation projects
d. Major roads and bridges
B. Environmentally Critical Areas
1. All areas declared by law as national parks, watershed reserves,
wildlife preserves and sanctuaries;
2. Areas set aside as aesthetic potential tourist spots;
3. Areas which constitute the habitat for any endangered or threatened
species of indigenous Philippine Wildlife (flora and fauna);
4. Areas of unique historic, archaeological, or scientific interests;
5. Areas which are traditionally occupied by cultural communities or
tribes;
6. Areas frequently visited and/or hard-hit by natural calamities
(geologic hazards, floods, typhoons, volcanic activity, etc.);
7. Areas with critical slopes;
8. Areas classified as prime agricultural lands;
9. Recharged areas of aquifers;
10. Water bodies characterized by one or any combination of the
following conditions;
a. tapped for domestic purposes
b. within the controlled and/or protected areas declared by
appropriate authorities
c. which support wildlife and fishery activities
11. Mangrove areas characterized by one or any combination of the
following conditions:
a. with primary pristine and dense young growth;
b. adjoining mouth of major river systems;
c. near or adjacent to traditional productive fry or fishing
grounds;
d. which act as natural buffers against shore erosion, strong
winds and storm floods;
e. on which people are dependent for their livelihood.
12. Coral reefs characterized by one or any combinations of the
following conditions:
a. With 50% and above live coralline cover;
b. Spawning and nursery grounds for fish;
c. which act as natural breakwater of coastlines.
This Proclamation shall take effect immediately.
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Republic Act No. 9275
March 22, 2004
AN ACT PROVIDING FOR A COMPREHENSIVE WATER
QUALITY MANAGEMENT AND FOR OTHER PURPOSES
(i) alters the quality of any segment of the receiving water body to
affect or tend to affect adversely any beneficial use thereof;
(ii) is hazardous or potential hazardous to health;
SECTION 3. Coverage of the Act. - This Act shall apply to water
quality management in all water bodies: Provided, That it shall
primarily apply to the abatement and control of pollution from land
based sources: Provided, further, That the water quality standards and
regulations and the civil liability and penal provisions under this Act
shall be enforced irrespective of sources of pollution.
(iii) imparts objectionable odor, temperature change, or physical,
chemical or biological change to any segment of the water body; or
SECTION 4. Definition of Terms. - As used in this Act:
pp) Water Pollution - means any alteration of the physical, chemical,
biological, or radiological properties of a water body resulting in the
impairment of its purity or quality.
h) Contamination - means the production of substances not found in
the natural composition of water that make the water less desirable or
unfit desirable or unfit for intended use.
j) Discharge includes, but is not limited to, the act of spilling, leaking,
pumping, pouring, emitting, emptying, releasing or dumping of any
material into a water body or onto land from which it might flow or
drain into said water.
l) Dumping - means any unauthorized or illegal disposal into any body
of water or land of wastes or toxic or hazardous material: Provided,
That it does not mean a release of effluent coming from commercial,
industrial, and domestic sources which are within the effluent
standards.
bb) Pollutant- shall refer to any substance, whether solid, liquid,
gaseous or radioactive, which directly or indirectly:
(iv) is in excess of the allowable limits, concentrations, or quality
standards specified, or in contravention of the condition, limitation or
restriction prescribed in this Act.
ARTICLE 3
FINANCIAL LIABILITY MECHANISM
SECTION 15. Financial Liability for Environmental Rehabilitation.
- The Department shall require program and project proponents to put
up environmental guarantee fund {EGF) as part of the environmental
management plan attached to the environmental compliance certificate
pursuant to Presidential Decree No.1586 and its implementing rules
and regulations. The EGF shall finance the maintenance of the health
of the ecosystems and specially the conservation of watersheds and
aquifers affected by the development, and the needs of emergency
response, clean-up or rehabilitation of areas that may be damaged
during the program's or project's actual implementation. Liability for
damages shall continue even after the termination of a program or
project and, until the lapse of a given period indicated in the
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environmental compliance certificate, as determined by the
Department. The EGF may be in the form of a trust fund,
environmental insurance, surety bonds, letters of credit, self-insurance
and any other instruments which may be identified by the Department.
The choice of the guarantee instrument or combinations thereof shall
depend, among others, on the assessment of the risks involved and
financial test mechanisms devised by the Department. Proponents
required to put up guarantee instruments shall furnish the Department
with evidence of availment of such instruments from accredited
financial instrument providers.
SECTION 16. Clean-Up Operations. - Notwithstanding the
provisions of Sections 15 and 26 hereof, any person who causes
pollution in or pollutes water bodies in excess of the applicable and
prevailing standards shall be responsible to contain, remove and cleanup any pollution incident at his own expense to the extent that the
same water bodies have been rendered unfit for utilization and
beneficial use: Provided, That in the event emergency clean-up
operations are necessary and the polluter fails to immediately
undertake the same, the Department, in coordination with other
government agencies concerned, shall conduct containment, removal
and clean-up operations. Expenses incurred in said operations shall be
reimbursed by the persons found to have caused such pollution upon
proper administrative determination in accordance with this Act.
Reimbursements of the cost incurred shall be made to the Water
Quality Management Fund or to such other funds where said
disbursements were sourced.
SECTION 17. Programmatic Environmental Impact Assessment. The Department shall implement programmatic compliance with the
environmental impact assessment system, as in the following types of
development:
a) development consisting of a series of similar projects, or a project
subdivided into several phases and/or stages whether situated in a
contiguous area or geographically dispersed; and
b) development consisting of several components or a cluster of
projects co-located in an area such as an industrial estate, an export
processing zone, or a development zone identified in a local land use
plan.
Programmatic compliance with the environmental impact assessment
system shall be guided by carrying capacity assessments determined
from ecological profiles. Ecological profiles shall Identify
environmental constraints and opportunities in programmatic areas.
Programmatic assessment shall also take into account cumulative
impacts and risks.
Consistent with the provisions of the Local Government Code, the
Department may enter into agreement with LGUs to incorporate
programmatic environmental impact assessment into the preparation,
updating or revision of local land use plans and area development
plans.
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CHAPTER 5
CIVIL LIABILITY/PENAL PROVISIONS
f) Transport, dumping or discharge of prohibited chemicals, substances
or pollutants listed under Republic Act No.6969;
SECTION 27. Prohibited Acts. - The following acts are hereby
prohibited:
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;
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;
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;
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 re-injection of geothermal
liquids may be allowed: Provided, That safety measures are adopted to
prevent the contamination of the groundwater;
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;
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;
k) Refusal to allow entry, inspection and monitoring by the
Department in accordance with this Act;
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;
j) Non-compliance of the LGU with the Water Quality Framework and
Management Area Action Plan. In such a case, sanctions shall be
imposed on the local government officials concerned;
l) Refusal to allow access by the Department to relevant reports and
records in accordance with this Act;
m) Refusal or failure to submit reports whenever required by the
Department in accordance with this Act;
n) Refusal or failure to designate pollution control officers whenever
required by, the Department in accordance with this Act; and
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o) 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 29. Administrative Sanctions Against Non-compliance
with the Water Quality Management Area Action Plan. - Local
government officials concerned shall be subject to Administrative
sanctions incase of failure to comply with their action plan accordance
with the relevant provisions of R.A. No. 7160.
CHAPTER 6
ACTIONS
SECTION 30. Administrative Action. - Without prejudice to the right
of any affected person to file an administrative action, the Department
shall, on its own instance or upon verified complaint by any person,
institute administrative proceedings in the proper forum against any
person who violates:
a) Standards or limitations provided by this Act; or
b) By any such order, rule or regulation issued by the Department with
respect to such standard or limitation.
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PRESIDENTIAL DECREE NO. 979
PROVIDING FOR THE REVISION OF PRESIDENTIAL
DECREE NO. 600 GOVERNING MARINE POLLUTION
SECTION 2. Statement of Policy. — It is hereby declared a national
policy to prevent and control the pollution of seas by the dumping of
wastes and other matter which create hazards to human health, harm
living resources and marine life, damage amenities, or interfere with
the legitimate uses of the sea within the territorial jurisdiction of the
Philippines.
SECTION 3. Definition of Terms. — For the purposes of this
Decree:
a.Discharge - includes, but is not limited to, any spilling, leaking,
pumping, pouring, emitting, emptying or dumping but does not include
discharge of effluents from industrial or manufacturing establishments,
or mill of any kind.
b.Dumping means any deliberate disposal at sea and into navigable
waters of wastes or other matter from vessels, aircraft, platforms or
other man-made structures at sea, including the disposal of wastes or
other matter directly arising from or related to the exploration,
exploitation and associated off-shore processing of sea bed mineral
resources unless the same is permitted and/or regulated under this
decree: Provided, That it does not mean a disposition of any effluent
from any outfall structure to the extent that such disposition is
regulated under the provisions of Republic Act Numbered Three
Thousand Nine Hundred Thirty-One, nor does it mean a routine
discharge of effluent or other matter incidental to the propulsion of, or
derived from the normal operations of vessels, aircraft, platforms or
other man-made structures at sea and their equipment.
SECTION 4. Prohibited Acts. — Except in cases of emergency
imperilling life or property, or unavoidable accident, collision, or
stranding or in any cases which constitute danger to human life or
property or a real threat to vessels, aircraft, platforms, or other manmade structure, or if damping appears to be the only way of averting
the threat and if there is probability that the damage consequent upon
such dumping will be lees than would otherwise occur, and except as
otherwise permitted by regulations prescribed by the National
Pollution Control Commission or the Philippine Coast Guard, it shall
be unlawful for any person to —
a. discharge, dump or suffer, permit the discharge of oil, noxious
gaseous and liquid substances and other harmful substances from or
out of any ship, vessel, barge, or any other floating craft, or other manmade structures at sea, by any method, means or manner, into or upon
the territorial and inland navigable waters of the Philippines;
b. throw, discharge or deposit, dump, or cause suffer or procure to be
thrown, discharged, or deposited either from or out of any ship, barge,
or other floating craft of vessel of any kind, or from the shore, wharf,
manufacturing establishment, or mill of any kind, any refuse matter of
any kind or description whatever other than that flowing from streets
and sewers and passing therefrom in a liquid state into tributary of any
navigable water from which the same shall float or be washed into
such navigable water; and
c. deposit or cause, suffer or procure to be deposited material of any
kind in any place on the bank of any navigable water or on the bank of
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any tributary of any navigable water, where the same shall be liable to
be washed into such navigable water, either by ordinary or high tides,
or by storms or floods, or otherwise, whereby navigation shall or may
be impeded or obstructed or increased the level of pollution of such
water.
SECTION 5. It shall be the primary responsibility of the National
Pollution Control Commission to promulgate national rules and
policies governing marine pollution, including but not limited to the
discharge of effluents from any outfall structure, industrial and
manufacturing establishments or mill of any kind to the extent that it is
regulated under the provisions of Republic Act Numbered Three
Thousand Nine Hundred Thirty-One, and to issue the appropriate rules
and regulations upon consultation with the Philippine Coast Guard.
The Philippine Coast Guard shall promulgate its own rules and
regulations in accordance with the national rules and policies set by the
National Pollution Control Commission upon consultation with the
latter, for the effective implementation and enforcement of this decree
and other applicable laws, rules and regulations promulgated by the
government.
The rules and regulations issued by the National Pollution Control
Commission or the Philippine Coast Guard shall not include deposit of
oyster, shells, or other materials when such deposit is made for the
purpose of developing, maintaining or harvesting fisheries resources
and is otherwise regulated by law or occurs pursuant to an authorized
government program: Provided, That the Philippine Coast Guard,
whenever in its judgment navigation will not be injured thereby and
upon consultation with and concurrence of the National Pollution
Control Commission, may permit the deposit of any of the materials
above-mentioned in navigable waters, and whenever any permit is so
granted, the conditions thereof shall be strictly complied with.
SECTION 6. Enforcement and Implementation. — The Philippine
Coast Guard shall have the primary responsibility of enforcing the
laws, rules and regulations governing marine pollution. However, it
shall be the joint responsibility of the Philippine Coast Guard and the
National Pollution Control Commission to coordinate and cooperate
with each other in the enforcement of the provisions of this decree and
its implementing rules and regulations, and may call upon any other
government office, instrumentality or agency to extend every
assistance in this respect.
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Republic Act No. 9483
June 02, 2007
AN ACT PROVIDING FOR THE IMPLEMENTATION OF THE
PROVISIONS OF THE 1992 INTERNATIONAL CONVENTI0N
ON CIVIL LIABILITY FOR OIL POLLUTION DAMAGE AND
THE 1992 INTERNATIONAL CONVENTION ON THE
ESTABLISHMENT OF AN INTERNATIONAL FUND FOR
COMPENSATION FOR OIL POLLUTION DAMAGE,
PROVIDING PENALTIES FOR VIOLATIONS THEREOF,
AND FOR OTHER PURPOSES
SEC. 2. Declaration of Policy. - The State, in the protection of its
marine wealth in its archipelagic waters, territorial sea and exclusive
economic zone, adopts internationally accepted measures which
impose strict liability for Oil Pollution Damage and ensure prompt and
adequate compensation for persons who suffer such damage. This Act
adopts and implements the provisions of the 1992 International
Convention on Civil Liability for Oil Pollution Damage and the 1992
International Convention on the Establishment of an International
Fund for Compensation for Oil Pollution Damage.
SEC. 3. Definition of Terms. - For the purpose of this Act:
(h) "Incident" means any occurrence or series of occurrences having
the same origin which causes Pollution Damage or creates a grave and
imminent threat of causing such damage: Provided That a series of
occurrences shall be treated as having occurred on the date of the first
such occurrence;
(l) "Pollution Damage" means:
(1) Loss or damage caused outside the Ship by contamination
resulting from the escape or discharge of Oil from the Ship,
wherever such escape or discharge may occur: Provided, That
compensation for impairment of the environment other than
loss of profit from such impairment shall be limited to costs of
reasonable measures of reinstatement actually undertaken or to
be undertaken; and
(2) The costs of preventive measures and further loss or
damage caused by preventive measure;
(n) "Ship" means any sea-going vessel and sea-home craft of any type
whatsoever constructed or adapted for the carriage of Oil in bulk as
cargo: Provided That a Ship capable of carrying Oil and other cargoes
shall be regarded as a Ship only when it is actually carrying Oil in bulk
as cargo and during any voyage following such carriage unless it is
proved that it has no residues of such carriage of Oil in bulk aboard;
SEC. 4. Incorporation of the 1992 Civil Liability Convention and
1992 Fund Convention. - Subject to the provisions of this Act, the
1992 Civil Liability Convention and 1992 Fund Convention and their
subsequent amendments shall form part of the law of the Republic of
the Philippines.
SEC. 5 Scope of Application. - This law shall apply exclusively to
Pollution Damage caused in Philippine territory, including its
territorial sea and its exclusive economic zone, and to preventive
measures, wherever taken, to prevent or minimize such damage.
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CHAPTER II
STRICT LIABILITY FOR OIL POLLUTION DAMAGE
SEC. 6. Liability on Pollution Damage. - The Owner of the Ship at
the time of an Incident, or where the Incident consists of a series of
occurrences, at the time of the first such occurrence, shall be liable for
any Pollution Damage caused by the Ship as a result of the Incident.
Such damages shall include, but not limited to:
(a) Reasonable expenses actually incurred in clean-up
operations at sea or on shore;
(b) Reasonable expenses of Preventive Measures and further
loss or damage caused by preventive measures;
(c) Consequential loss or loss of earnings suffered by Owners
or users of property contaminated or damaged as a direct result
of an Incident;
(d) Pure economic loss or loss of earnings sustained by persons
although the property contaminated or damaged as a direct
result of an Incident does not belong to them;
(e) Damage to human health or loss of life as a direct result of
the Incident, including expenses for rehabilitation and
recuperation: Provided, That costs of studies or diagnoses to
determine the long-term damage shall also be included; and
(f) Environmental damages and other reasonable measures of
environmental restoration.
SEC. 7. Exempting Circumstances. - No liability as stated in the
immediately preceding section shall attach to the Owner or his insurer
if he proves that the damage:
(a) Resulted from an act of war, hostilities, civil war,
insurrection or a natural phenomenon of an exceptional,
inevitable and irresistible character;
(b) Was wholly caused by an act or omission done with intent
to cause damage by third party; and
(c) Was wholly caused by the negligence or other wrongful act
of the government or other enforcement agencies responsible
for the maintenance of lights or other navigational aids in the
exercise of that function. If the Owner proves that the Pollution
Damage resulted wholly or partially either from an act or
omission done with intent to cause damage by the person who
suffered the damage or from the negligence of that person, the
Owner may be exonerated wholly or partially from his liability
to such person.
SEC. 8. Persons Exempted from Claims for Compensation for
Pollution Damage. - No claim for compensation Pollution Damage
under this Act may be made against:
(a) The servants or agents of the Owner or the members of the
crew;
(b) The pilot or any other person who, without being a member
of the crew, performs services for the Ship;
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(c) Any charterer, howsoever described, including a bareboat
charterer, manager or operator of the Ship;
(a) Three million (3,000,000) units of account for a Ship not
exceeding five thousand (5,000) units of tonnage;
(d) Any person performing salvage operations with the consent
of the Owner or on the instructions of a competent public
authority;
(b) For a Ship with a tonnage in excess thereof, for each unit of
tonnage, four hundred twenty (420) units of account for each
unit in addition to the amount mentioned in paragraph
(a): Provided, however, That this aggregate amount shall not,
in any event, exceeds 59.7 million units of account:
(e) Any person taking Preventive Measures; and
(f) All servants or agents of persons mentioned in paragraphs
(c), (d) and (e) hereof, unless the damage resulted from their
personal act or omission, committed with the intent to cause
such damage, or committed recklessly and with knowledge that
such damage would probably result: Provided, That nothing in
this Act shall prejudice any right of recourse of the Owner
against third parties.
SEC. 9. Joint and Several Liability. - When an Incident involving two
or more Ships occurs and Pollution Damage results therefrom, the
Owners of all the Ships concerned, unless exonerated under Section 7
hereof, shall be jointly and severally liable for all such damage which
is not reasonably separable, without prejudice, however, to the right of
recourse of any of such Owners to proceed against each other or third
parties.
CHAPTER III
SYSTEM OF LIMITATION OF LIABILITY
SEC. 10. Limitation of Liability. - The Owner shall be entitled to limit
his liability under this Act with respect to a particular Incident to a
total amount calculated as follows:
Provided, further, That the limit of liability of the Owner as
aforementioned shall be subject to adjustment according to subsequent
amendments to the 1992 Civil Liability Convention.
The limited liability, under this Section may not be availed of by the
Owner if it has been established that such Pollution Damage resulted
from his personal act or omission, committed with intent to cause such
damage, or committed recklessly and with knowledge that such
damage would probably result.
The "unit of account" referred to in this Section is the Special Drawing
Right (SDR) as defined by the International Monetary Fund as set
forth in the 1992 Civil Liability Convention. The said amount shall be
converted into national currency on the basis of the value of the
currency by reference to the SDR on the date that the fund is
constituted under Section 11 of this Act.
The SDR is an international reserve asset, created by the IMF in 1969
to supplement the existing official reserves of member countries.
SDRs are allocated to member countries in proportion to their IMF
quotas. The SDR also serves as the unit of account of the IMF and
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some other international organizations. Its value is based on a basket
of key international currencies.
SEC. 11. Constitution of a fund. - For the purpose of availing himself
of the benefit of limitation provided for under Section 10 of this Act
following the occurrence of a particular Incident, the Owner shall be
required to constitute a fund for the total sum representing the limit of
his liability with the Maritime Industry Authority (MARINA) to cover
Incidents causing Pollution Damage: Provided That any claim for
compensation from Pollution Damage shall be brought directly to the
Regional Trial Courts (RTC).
The fund can be constituted by depositing the sum or by producing a
bank guarantee or other financial guarantee acceptable under existing
laws and considered to be adequate by the Department of
Transportation and Communications (DOTC).
CHAPTER VI
ACTION FOR COMPENSATION
SEC. 17. Action for Compensation. - An action for compensation on
account of Pollution Damage resulting from the Incident which
occurred in the territory may be brought before the RTC against the
following persons:
(a) Owner of the polluting Ship; or
(b) Insurer or other person providing financial security of the
said Owner’s liability for pollution.
For this purpose, foreign corporation, partnership, association or
individual, whether or not licensed to transact business in the
Philippines by any appropriate government agencies, providing such
insurance or financial security for Pollution Damage shall be
considered transacting or doing business in the Philippines and shall be
subject to the jurisdiction of the regular judicial courts of the country.
Such action shall be filed within three years of the date on which the
damage occurred, but not later than six years of the date of the
Incident.
The PCG shall investigate, motu proprio or through compensation or
violation of this Act, and shall forthwith file appropriate action with
the RTC.
It shall likewise provide the complainant necessary technical evidence
or any assistance, whether or not testimonial or documentary, insofar
as the claim for compensation or violation of this Act is concerned.
Filing of the action under this section shall only require payment of
filing fees equivalent to ten percentum (10%) of the regular rates
established therefore by the Supreme Court of the Philippines.
However, indigent plaintiff shall be exempt from payment of docket
and other lawful fees, and of transcripts of stenographic notes which
the court may order to be furnished him. The amount of the docket and
other lawful fees which the indigent was exempted from paying shall
be a lien on any judgment rendered in the case favorable to the
indigent, unless the court otherwise provides.
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SEC. 18. Adjudication or Settlement of Claims. - The RTC shall
decide claims for compensation or certify the compromise agreement
by the parties within a reasonable period.
(1) Ships of 500 gross tons (GRT) and below - not less than
One hundred thousand pesos (P100,000.00) but not more than
Two hundred-fifty thousand pesos (P250,000.00);
Where compensation was not obtained or satisfied under the 1992
Civil Liability Convention, the claimant may seek compensation under
the 1992 Fund Convention. The RTC shall furnish the IOPC Fund with
its certified decision, together with pertinent documents, on a claim for
Pollution Damages.
(2) Ships of above 500 to 1,000 GRT - not less than Two
hundred fifty thousand pesos (P250,000.00) but not more than
Five hundred thousand pesos (P500,000.00);
Where the fund under the 1992 Civil Liability Convention is
insufficient to satisfy the claims of those who are entitled to
compensation, the amount of compensation of each claimant shall be
distributed pro rata.
SEC. 19. Intervention by the IOPC Fund - The IOPC Fund may
intervene as a party to any legal proceedings instituted against the
Owner of a Ship or his guarantor under Article IX of the 1992 Civil
Liability Convention.
CHAPTER VII
PENALTY PROVISIONS
SEC. 20. Violation of the Act. - The following acts shall be considered
violations of the Act and the persons responsible shall suffer the
corresponding fines:
(a) Any person who fails to institute or maintain insurance or other
financial security required under Section 12 of this Act;
(3) Ships of above 1,000 to 5,000 GRT - not less than Five
hundred thousand pesos (P500,000.00) but not more than One
million pesos (P1,000,000.00);
(4) Ships of above 5,000 to 10,000 GRT - not less than One
million pesos (P1,000,000.00) but not more than Five million
pesos (P5,000,000.00);
(5) Ships of above 10,000 to 20,000 GRT - not less than Five
million pesos (P5,000,000.00) but not more than Ten million
pesos (P10,0000,000.00); and
(6) Ships of above 20,000 GRT - not less than Ten million
pesos (P10,000,000.00) but not more than Fifteen million pesos
(P15,000,000.00).
(b) The Owner and the master of a Ship who operate a Ship without
maintaining on board a certificate of insurance required under Section
13 of this Act:
(1) First violation
(P500,000.00);
-
Five
hundred
thousand
pesos
(2) Second violation - One million pesos (P1,000,000.00); and
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(3) Third violation - One million five hundred thousand pesos
(P1,500,000.00).
(f) Any Ship apprehended for violation of this Act may be subjected to
detention.
(c) Any person required under Section 15 of this Act to contribute to
the IOPC Fund but nevertheless fails to comply therewith after due
notice by the MARINA
The fines prescribed in this Section and other sections of this Chapter
shall be increased by at least ten percent (10%) every three years to
compensate for inflation and to maintain the deterrent function of such
fines.
(1) First violation - Three million pesos (P3,000,000.00);
(2) Second violation - Four million pesos (P4,000,000.00); and
(3) Third violation - Five million pesos (P5,000,000.00).
(d) Failure to Submit Report of Contributing Oil. - Any person
required under Section 16 of this Act to submit report of contributing
Oil and notwithstanding l0.day notice thereto, fails to comply
therewith:
(1) First violation
(P500,000.00);
-
Five
hundred
thousand
pesos
(2) Second violation - One million pesos (P 1,000,000.00); and
(3) Third violation - One million five hundred thousand pesos
(P1,500,000.00).
(e) Any person who shall refuse, obstruct, or hamper the entry of the
duly authorized representatives of the Department or any person
authorized under this Act aboard any Ship or establishment pursuant to
this Act shall be liable to pay a fine not exceeding One hundred
thousand pesos (P100,000.00); and
SEC. 21. Institutional Mechanism. - The DOTC shall be the lead
implementing agency unless otherwise provided in this Act.
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AN ACT PROVIDING FOR A COMPREHENSIVE AIR
POLLUTION CONTROL POLICY AND FOR OTHER
PURPOSES
(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
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:
(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.
(a) The right to breathe clean air;
Section 5. Definitions. - As used in this Act:
(b) The right to utilize and enjoy all natural resources according to the
principles of sustainable development;
b) "Air pollution" means any alteration of the physical, chemical and
biological properties of the atmospheric air, or any discharge thereto of
any liquid, gaseous or solid substances that will or is likely to create or
to render the air resources of the country harmful, detrimental, or
injurious to public health, safety or welfare or which will adversely
affect their utilization for domestic, commercial, industrial,
agricultural, recreational, or other legitimate purposes;
Republic Act No. 8749
June 23, 1999
(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;
Article Two
Air Pollution Clearances and Permits for Stationary Sources
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.
These permits shall serve as management tools for the LGUs in the
development of their action plan.
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Section 18. Financial Liability for Environmental Rehabilitation. As part of the environmental management plan attached to the
environmental compliance certificate pursuant to Presidential Decree
No. 1586 and rules and regulations set therefor, the Department shall
require program and project proponents to put up financial guarantee
mechanisms to finance the needs for emergency response, clean-up
rehabilitation of areas that may be damaged during the program or
project’s actual implementation. Liability for damages shall continue
even after the termination of a program or project, where such
damages are clearly attributable to that program or project and for a
definite period to be determined by the Department and incorporated
into the environmental compliance certificate.
shall be limited to the burning of pathological and infectious wastes,
and subject to close monitoring by the Department.
Financial liability instruments may be in the form a trust fund,
environmental insurance, surety bonds, letters of credit, as well as selfinsurance. The choice of the guarantee instruments shall furnish the
Department with evidence of availment of such instruments.
Article Five
Pollution from Other Sources
Article Three
Pollution from Stationary Sources
Section 20. Ban on Incineration. - Incineration, hereby defined as the
burning of municipal, biomedical and hazardous waste, 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
a biomedical wastes shall be out within three (3) years after the
effectivity of this Act; Provided, Finally, that in the interim, such units
Local government units are hereby mandated to promote, encourage
and implement in their respective jurisdiction a comprehensive
ecological waste management that includes waste segregation,
recycling and composting.
With due concern on the effects of climate change, the Department
shall promote the use of state-of-the-art, environmentally-sound and
safe non-burn technologies for the handling, treatment, thermal
destruction, utilization, and disposal of sorted, unrecycled,
uncomposted, biomedical and hazardous wastes.
Section 24. Pollution from smoking. - Smoking inside a public
building or an enclosed public place including public vehicles and
other means of transport or in any enclosed area outside of one's
private residence, private place of work or any duly designated
smoking area is hereby prohibited under this Act. This provision shall
be implemented by the LGUs.
Section 25. Pollution from other mobile sources. - The Department,
in coordination with appropriate agencies, shall formulate and
establish the necessary standards for all mobile sources other than
those referred to in Sec. 21 of this Act. The imposition of the
appropriate fines and penalties from these sources for any violation of
emission standards shall be under the jurisdiction of the DOTC.
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Chapter 3
Fuels, Additives, Substances and Pollutants
Article Two
Other Pollutants
Article One
Fuels, Additives and Substances
Section 33. Radioactive Emissions. - All projects which will involve
the use of atomic and/or nuclear energy, and will entail release and
emission of radioactive substances into the environment, incident to
the establishment or possession of nuclear energy facilities and
radioactive materials, handling, transport, production, storage, and use
of radioactive materials, shall be regulated in the interest of public
health and welfare by the Philippine
Section 28. Misfueling. - In order to prevent the disabling of any
emission control device by lead contamination, no person shall
introduce or cause or allow the introduction of leaded gasoline into any
motor vehicle equipped with a gasoline tank filler inlet and labeled
"unleaded gasoline only". This prohibition shall also apply to any
person who knows or should know that such vehicle is designed solely
for the use of unleaded gasoline.
Section 29. Prohibition on Manufacture, Import and Sale of leaded
Gasoline and of Engines and/or Components Requiring Leaded
Gasoline. - Effective not later than eighteen (18) months after the
enactment of this Act, no person shall manufacture, import, sell, offer
for sale, introduce into commerce, convey or otherwise dispose of, in
any manner, leaded gasoline and engines and components requiring
the use of leaded gasoline.
For existing vehicles, the DTI shall formulate standards and
procedures that will allow non-conforming engines to comply with the
use of unleaded fuel within five(5) years after the effectivity of this
Act.
Nuclear Research Institute (PNRI), in coordination with Department
and other appropriate government agencies.
Chapter 4
Institutional Mechanism
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 35. Linkage Mechanism. - The Department shall consult,
participate, cooperate and enter into agreement with other government
agencies, or with affected non-governmental (NGOs) or people's
organizations (POs),or private enterprises in the furtherance of the
objectives of this Act.
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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.
Consistent with Sections 7, 8 and 9 of this Act, LGUs shall implement
air quality standards set by the Board in areas within their
jurisdiction; Provided, however, That in case where the board has not
been duly constituted and has not promulgated its standards, the
standards set forth in this Act shall apply.
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.
Chapter 5
Actions
Section 40. Administrative Action. - Without prejudice to the right of
any affected person to file an administrative action, the Department
shall, on its own instance or upon verified complaint by any person,
institute administrative proceedings against any person who violates:
(a) Standards or limitation provided under this Act; or
(b) Any order, rule or regulation issued by the Department with respect
to such standard or limitation.
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 thirtyday (30) notice 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
compliant herein is malicious and/or baseless and shall accordingly
dismiss the action and award attorney's fees and damages.
Section 42. Independence of Action. - The filing of an administrative
suit against such person/entity does not preclude the right of any other
person to file any criminal or civil action. Such civil action shall
proceed independently.
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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 Sec. 41 of
this Act, or against any person, institution or government agency that
implements this Act, it shall be the duty of the investigating prosecutor
or the court, as the case may be, to immediately make a determination
not exceeding thirty (30) days whether said legal action has been filed
to harass, vex, exert undue pressure or stifle such legal recourses of the
person complaining of or enforcing the provisions of this Act. Upon
determination thereof, evidence warranting the same, the court shall
dismiss the case and award attorney's fees and double damages.
This provision shall also apply and benefit public officers who are
sued for acts committed in their official capacity, their being no grave
abuse of authority, and done in the course of enforcing this Act.
Section 44. Lien Upon Personal and Immovable Properties of
Violators. - Fines and penalties imposed pursuant to this Act shall be
liens upon personal or immovable properties of the violator. Such lien
shall, in case of insolvency of the respondent violator, enjoy
preference to laborer's wages under Articles 2241 and 2242 of
Republic Act No. 386, otherwise known as the New Civil Code of the
Philippines.
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 one (1) year;
(b) three (3) or more specific offenses with three (3) consecutive years;
(c) blatant disregard of the orders of the PAB, such s but not limited to
the breaking of seal, padlocks and other similar devices, or operation
despite the existence of an order for closure, discontinuance or
cessation of operation; and
(d) irreparable or grave damage to the environment as a consequence
of any violation 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.
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REPUBLIC ACT 9003 January 26, 2001
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
Section 3. Definition of Terms - For the purposes of this Act:
(l) Ecological solid waste management shall refer to the systematic
administration of activities which provide for segregation at source,
segregated transportation, storage, transfer, processing, treatment, and
disposal of solid waste and all other waste management activities
which do not harm the environment;
(kk) Solid waste shall refer to all discarded household, commercial
waste, non-hazardous institutional and industrial waste, street
sweepings, construction debris, agricultural waste, and other nonhazardous/non-toxic solid waste.
Unless specifically noted otherwise, the term "solid waste" as used in
this Act shall not include:
(1) Waste identified or listed as hazardous waste of a solid,
liquid, contained gaseous or semisolid form which may cause
or contribute to an increase in mortality or in serious or
incapacitating reversible illness, or acute/chronic effect on the
health of persons and other organisms;
(2) Infectious waste from hospitals such as equipment,
instruments, utensils, and fomites of a disposable nature from
patients who are suspected to have or have been diagnosed as
having communicable diseases and must therefore be isolated
as required by public health agencies, laboratory wastes such as
pathological specimens (i.e. all tissues, specimens of blood
elements, excreta, and secretions obtained from patients or
laboratory animals) and disposable fomites that may harbor or
transmit pathogenic organisms, and surgical operating room
pathologic materials from outpatient areas and emergency
rooms; and
(3) Waste resulting from mining activities, including
contaminated soil and debris.
CHAPTER II
INSTITUTIONAL MECHANISM
Section 9. Visitorial Powers of the Department. - The Department or
its duly authorized representative shall have access to, and the right to
copy therefrom, the records required to be maintained pursuant to the
provisions of this Act. The Secretary or the duly authorized
representative shall likewise have the right to enter the premises of any
generator, recycler or manufacturer, or other facilities any time to
question any employee or investigate any fact, condition or matter
which may be necessary to determine any violation, or which may aid
in the effective enforcement of this Act and its implementing rules and
regulations. This Section shall not apply to private dwelling places
unless the visitorial power is otherwise judicially authorized.
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Section 10. Role of LGUs in Solid Waste Management - Pursuant to
the relevant provisions of R.A. No. 7160, otherwise known as the
Local government code, the LGUs shall be primarily responsible for
the implementation and enforcement of the provisions of this Act
within their respective jurisdictions.
(b) notify the occupants of each buildings of the requirements
of this Act and the regulations promulgated pursuant thereto.
Segregation and collection of solid waste shall be conducted at the
barangay level specifically for biodegradable, compostable and
reusable wastes: Provided, That the collection of non-recyclable
materials and special wastes shall be the responsibility of the
municipality or city.
Section 30. Prohibition on the Use of Non-Environmentally
Acceptable Packaging - No person owning, operating or conducting a
commercial establishment in the country shall sell or convey at retail
or possess with the intent to sell or convey at retail any products that
are placed, wrapped or packaged in or on packaging which is not
environmentally
acceptable
packaging: Provided,
That
the
Commission shall determine a phaseout period after proper
consultation and hearing with the stakeholders or with the sectors
concerned. The presence in the commercial establishment of nonenvironmentally acceptable packaging shall constitute a rebuttable
presumption of intent to sell or convey the same at retail to customers.
Article 2
Segregation of Wastes
Section 21. Mandatory Segregation of Solid Wastes - The LGUs shall
evaluate alternative roles for the public and private sectors in
providing collection services, type of collection system, or
combination of systems, that best meet their needs: Provided, That
segregation of wastes shall primarily be conducted at the source, to
include household, institutional, industrial, commercial and
agricultural sources: Provided, further; That wastes shall be segregated
into the categories provided in Sec. 22 of this Act.
For premises containing six (6) or more residential units, the local
government unit shall promulgate regulations requiring the owner or
person in charge of such premises to:
(a) provide for the residents a designated area and containers in
which to accumulate source separated recyclable materials to
be collected by the municipality or private center; and
Article 4
Recycling Program
Any person who is a manufacturer, broker or warehouse operator
engaging in the distribution or transportation of commercial products
within the country shall file a report with the concerned local
government within one (1) year from the effectivity of this Act, and
annually thereafter, a listing of any products in packaging which is not
environmentally acceptable. The Commission shall prescribe the form
of such report in its regulations.
A violation of this Section shall be sufficient grounds for the
revocation, suspension, denial or non-renewal of any license for the
establishment in which the violation occurs.
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Article 6
Waste Management Facilities
(6) Open dumping, burying of biodegradable or non-biodegradable
materials in flood prone areas;
Section 37. Prohibition Against the Use of Open Dumps for Solid
Waste - 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 wastes, be allowed
after the effectivity of this Acts: 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
Sec. 41 of this Act: Provided, further, That no controlled dumps shall
be allowed five (5) years following the effectivity of this Act.
(7) Unauthorized removal of recyclable material intended for
collection by authorized persons;
CHAPTER VI
PENAL PROVISIONS
(8) The mixing of source-separated recyclable material with other solid
waste in any vehicle, box, container or receptacle used in solid waste
collection or disposal;
(9) Establishment or operation of open dumps as enjoined in this Act,
or closure of said dumps in violation of Sec. 37;
(10) The manufacture, distribution or use of non-environmentally
acceptable packaging materials;
Section 48. Prohibited Acts - The following acts are prohibited:
(11) Importation of consumer products
environmentally acceptable materials;
(1) Littering, throwing, dumping of waste matters in public places,
such as roads, sidewalks, canals, esteros or parks, and establishment,
or causing or permitting the same;
(12) Importation of toxic wastes misrepresented as "recyclable" or
"with recyclable content";
(2) Undertaking activities or operating, collecting or transporting
equipment in violation of sanitation operation and other requirements
or permits set forth in established pursuant;
(3) The open burning of solid waste;
(4) Causing or permitting the collection of non-segregated or unsorted
wastes;
(5) Squatting in open dumps and landfills;
packaged
in
non-
(13) Transport and dumplog in bulk of collected domestic, industrial,
commercial, and institutional wastes in areas other than centers or
facilities prescribe under this Act;
(14) Site preparation, construction, expansion or operation of waste
management facilities without an Environmental Compliance
Certificate required pursuant to Presidential Decree No. 1586 and this
Act and not conforming with the land use plan of the LGU;
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(15) The construction of any establishment within two hundred (200)
meters from open dumps or controlled dumps, or sanitary landfill; and
(16) The construction or operation of landfills or any waste disposal
facility on any aquifer, groundwater reservoir, or watershed area and
or any portions thereof.
Section 50. Administrative Sanctions - Local government officials and
officials of government agencies concerned who fail to comply with
and enforce rules and regulations promulgated relative to this Act shall
be charged administratively in accordance with R.A. 7160 and other
existing laws, rules and regulations
CHAPTER VII
MISCELLANEOUS PROVISIONS
Section 51. Mandatory Public Hearings - Mandatory public hearings
for national framework and local government solid waste management
plans shall be undertaken by the Commission and the respective
Boards in accordance with process to be formulated in the
implementing rules and regulations.
Section 52. Citizens Suits - For the 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/bodies against:
(a) Any person who violates or fails to comply with the
provisions of this Act 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 many
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
and statements likewise, upon prima facieshowing of the nonenforcement or violation complained of, exempt the plaintiff from the
filing of an injunction bond for the issuance of preliminary injunction.
In the event that the citizen should prevail, the Court shall award
reasonable attorney's fees, moral damages and litigation costs as
appropriate.
Section 53. Suits and Strategic Legal Action Against Public
Participation (SLAPP) and the Enforcement of this Act - Where a
suit is brought against a person who filed an action as provided in Sec.
52 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
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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 complaint and award the 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.
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Republic Act No. 7076
June 27, 1991
AN ACT CREATING A PEOPLE'S SMALL-SCALE MINING
PROGRAM AND FOR OTHER PURPOSES
Section 3. Definitions. – For purposes of this Act, the following terms
shall be defined as follows:
(b) "Small-scale mining" refers to mining activities which rely
heavily on manual labor using simple implement and methods and do
not use explosives or heavy mining equipment;
(c) "Small-scale miners" refer to Filipino citizens who, individually
or in the company of other Filipino citizens, voluntarily form a
cooperative duly licensed by the Department of Environment and
Natural Resources to engage, under the terms and conditions of a
contract, in the extraction or removal of minerals or ore-bearing
materials from the ground;
(d) "Small-scale mining contract" refers to co-production, joint
venture or mineral production sharing agreement between the State
and a small-scale mining contractor for the small-scale utilization of a
plot of mineral land;
Section 5. Declaration of People's Small-scale Mining Areas. – The
Board is hereby authorized to declare and set aside people's smallscale mining areas in sites onshore suitable for small-scale mining,
subject to review by the Secretary, immediately giving priority to areas
already occupied and actively mined by small-scale miners before
August 1, 1987: provided, that such areas are not considered as active
mining areas: provided, further, that the minerals found therein are
technically and commercially suitable for small-scale mining
activities: provided, finally, that the areas are not covered by existing
forest rights or reservations and have not been declared as tourist or
marine reserved, parks and wildlife reservations, unless their status as
such is withdrawn by competent authority.
Section 6. Future People's Small-scale Mining Areas. – The
following lands, when suitable for small-scale mining, may be
declared by the Board as people's small scale mining areas:
(a) Public lands not subject to any existing right;
(b) Public lands covered by existing mining rights which are not active
mining areas; and
(c) Private lands, subject to certain rights and conditions, except those
with substantial improvements or in bona fide and regular use as a
yard, stockyard, garden, plant nursery, plantation, cemetery or burial
site, or land situated within one hundred meters (100 m.) from such
cemetery or burial site, water reservoir or a separate parcel of land
with an area of ten thousand square meters (10,000 sq. m.) or less.
Section 7. Ancestral Lands. – No ancestral land may be declared as a
people's small-scale mining area without the prior consent of the
cultural communities concerned: provided, that, if ancestral lands are
declared as people's small-scale mining areas, the members of the
cultural communities therein shall be given priority in the awarding of
small-scale mining contracts.
Section 9. Award of People's Small-scale Mining Contracts. – A
people's small-scale mining contract may be awarded by the Board to
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small-scale miners who have voluntarily organized and have duly
registered with the appropriate government agency as an individual
miner or cooperative; Provided, that only one (1) people's small-scale
mining contract may be awarded at any one time to a small-scale
mining operations within one (1) year from the date of award:
provided, further, that priority shall be given or city where the smallscale mining area is located.
Applications for a contract shall be subject to a reasonable fee to be
paid to the Department of Environment and Natural Resources
regional office having jurisdiction over the area.
Section 10. Extent of Contract Area. – The Board shall determine the
reasonable size and shape of the contract area following the meridional
block system established under Presidential Decree No. 463, as
amended, otherwise known as the Mineral Resources Development
Decree of 1974, but in no case shall the area exceed twenty hectares
(20 has.) per contractor and the depth or length of the tunnel or adit not
exceeding that recommended by the director taking into account the
following circumstances:
(a) Size of membership and capitalization of the cooperative;
(b) Size of mineralized area;
(c) Quantity of mineral deposits;
(d) Safety of miners;
Section 11. Easement Rights. – Upon the declaration of a people's
small-scale mining area, the director, in consultation with the operator,
claimowner, landowner or lessor of an affected area, shall determine
the right of the small scale miners to existing facilities such as mining
and logging roads, private roads, port and communication facilities,
processing plants which are necessary for the effective implementation
of the People's Small-scale Mining Program, subject to payment of
reasonable fees to the operator, claimowner, landowner or lessor.
Section 12. Rights Under a People's Small-scale Mining Contract. –
A people's small-scale mining contract entitles the small-scale mining
contractor to the right to mine, extract and dispose of mineral ores for
commercial purposes. In no case shall a small-scale mining contract be
subcontracted, assigned or otherwise transferred.
Section 13. Terms and Conditions of the Contract. – A contract shall
have a term of two (2) years, renewable subject to verification by the
Board for like periods as long as the contractor complies with the
provisions set forth in this Act, and confers upon the contractor the
right to mine within the contract area: provided, that the holder of a
small-scale mining contract shall have the following duties and
obligations:
(a) Undertake mining activities only in accordance with a
mining plan duly approved by the Board;
(b) Abide by the Mines and Geosciences Bureau and the smallscale Mining Safety Rules and Regulations;
(e) Environmental impact and other considerations; and
(f) Other related circumstances.
(c) Comply with his obligations to the holder of an existing
mining right;
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(d) Pay all taxes, royalties or government production share as
are now or may hereafter be provided by law;
(e) Comply with pertinent rules and regulations on
environmental protection and conservation, particularly those
on tree-cutting mineral-processing and pollution control;
(f) File under oath at the end of each month a detailed
production and financial report to the Board; and
(g) Assume responsibility for the safety of persons working in
the mines.
Section 14. Rights of Claimowners. – In case a site declared and set
aside as a people's-scale mining area is covered by an existing mining
right, the claimowner and the small-scale miners therein are
encouraged to enter into a voluntary and acceptable contractual
agreement with respect to the small-scale utilization of the mineral
values from the area under claim. In case of disagreement, the
claimowner shall be entitled to the following rights and privileges:
(a) Exemption from the performance of annual work
obligations and payment of occupation fees, rental, and real
property taxes;
(b) Subject to the approval of the Board, free access to the
contract area to conduct metallurgical tests, explorations and
other activities, provided such activities do not unduly interfere
with the operations of the small-scale miners; and
(c) Royalty equivalent to one and one half percent (1 1/2%) of
the gross value of the metallic mineral output or one percent
(1%) of the gross value of the nonmetallic mineral output to be
paid to the claimowner: provided, that such rights and
privileges shall be available only if he is not delinquent and
other performance of his annual work obligations and other
requirements for the last two (2) years prior to the effectivity of
this Act.
Section 15. Rights of Private Landowners. – The private landowner
or lawful possessor shall be notified of any plan or petition to declare
his land as a people's small-scale mining area. Said landowner may
oppose such plan or petition in an appropriate proceeding and hearing
conducted before the Board.
If a private land is declared as a people's small-scale mining area, the
owner and the small-scale mining contractors are encouraged to enter
into a voluntary and acceptable contractual agreement for the smallscale utilization of the mineral values from the private land: provided,
that the owner shall in all cases be entitled to the payment of actual
damages which he may suffer as a result of such declaration: provided,
further, that royalties paid to the owner shall in no case exceed one
percent (1%) of the gross value of the minerals recovered as royalty.
Section 16. Ownership of Milllings. – The small-scale mining
contractor shall be the owner of all milllings produced from the
contract area. He may sell thelings or have them processed in any
custom mill in the area: provided, that, if the small-scale mining
contractor decide to sell its milllings, the claimowner shall have a
preemptive right to purchase said milllings at the prevailing market
price.
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Section 17. Sale of Gold. – All gold produced by small-scale miners in
any mineral area shall be sold to the Central Bank, or its duly
authorized representatives, which shall buy it at prices competitive
with those prevailing in the world market regardless of volume or
weight.
Section 23. Actual Occupation by Small-scale Miners. – Small-scale
miners who have been in actual operation of mineral lands on or
before August 1, 1987 as determined by the Board shall not be
dispossessed, ejected or removed from said areas: provided, that they
comply with the provisions of this Act.
The Central Bank shall establish as many buying stations in gold-rush
areas to fully service the requirements of the small-scale minerals
thereat.
Section 24. Provincial/City Mining Regulatory Board. – There is
hereby created under the direct supervision and control of the
Secretary a provincial/city mining regulatory board, herein called the
Board, which shall be the implementing agency of the Department,
and shall exercise the following powers and functions, subject to
review by the Secretary:
Section 21. Rescission of Contracts and Administrative Fines. – The
noncompliance with the terms and conditions of the contract or
violation of the rules and regulations issued by the Secretary pursuant
to this Act, as well as the abandonment of the mining site by the
contractor, shall constitute a ground for the cancellation of the
contracts and the ejectment from the people's small-scale mining area
of the contractor. In addition, the Secretary may impose fines against
the violator in an amount of not less than Twenty thousand pesos
(P20,000.00) and not more than One hundred thousand pesos
(P100,000.00). Nonpayment of the fine imposed shall render the
small-scale mining contractor ineligible for other small-scale mining
contracts.
Section 22. Reversion of People's Small-scale Mining Areas. – The
Secretary, upon recommendation of the director, shall withdraw the
status of the people's small-scale mining area when it can no longer
feasibly operated on a small-scale mining basis or when the safety,
health and environmental conditions warrant that the same shall revert
to the State for proper disposition.
(a) Declare and segregate existing gold-rush areas for smallscale mining;
(b) Reserve future gold and other mining areas for small-scale
mining;
(c) Award contracts to small-scale miners;
(d) Formulate and implement rules and regulations related to
small-scale mining;
(e) Settle disputes, conflicts or litigations over conflicting
claims within a people's small-scale mining area, an area that is
declared a small-mining; and
(f) Perform such other functions as may be necessary to
achieve the goals and objectives of this Act.
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REPUBLIC ACT NO. 7942
March 3, 1995
AN ACT INSTITUTING A NEW SYSTEM OF MINERAL
RESOURCES EXPLORATION, DEVELOPMENT,
UTILIZATION, AND CONSERVATION
Section 3
Definition of Terms
As used in and for purposes of this Act, the following terms, whether
in singular or plural, shall mean:
aq. Qualified person means any citizen of the Philippines with
capacity to contract, or a corporation, partnership, association, or
cooperative organized or authorized for the purpose of engaging in
miring, with technical and financial capability to undertake mineral
resources development and duly registered in accordance with law at
least sixty per centum (60%) of the capital of which is owned by
citizens of the Philippines: Provided, That a legally organized foreignowned corporation shall be deemed a qualified person for purposes of
granting an exploration permit, financial or technical assistance
agreement or mineral processing permit.
CHAPTER II
GOVERNMENT MANAGEMENT
Section 4
Ownership of Mineral Resources
Mineral resources are owned by the State and the exploration,
development, utilization, and processing thereof shall be under its full
control and supervision. The State may directly undertake such
activities or it may enter into mineral agreements with contractors.
The State shall recognize and protect the rights of the indigenous
cultural communities to their ancestral lands as provided for by the
Constitution.
Section 5
Mineral Reservations
When the national interest so requires, such as when there is a need to
preserve strategic raw materials for industries critical to national
development, or certain minerals for scientific, cultural or ecological
value, the President may establish mineral reservations upon the
recommendation of the Director through the Secretary. Mining
operations in existing mineral reservations and such other reservations
as may thereafter be established, shall be undertaken by the
Department or through a contractor: Provided, That a small scalemining cooperative covered by Republic Act No. 7076 shall be given
preferential right to apply for a small-scale mining agreement for a
maximum aggregate area of twenty-five percent (25%) of such mineral
reservation, subject to valid existing mining/quarrying rights as
provided under Section 112 Chapter XX hereof. All submerged lands
within the contiguous zone and in the exclusive economic zone of the
Philippines are hereby declared to be mineral reservations.
A ten per centum (10%) share of all royalties and revenues to be
derived by the government from the development and utilization of the
mineral resources within mineral reservations as provided under this
Act shall accrue to the Mines and Geosciences Bureau to be allotted
for special projects and other administrative expenses related to the
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exploration and development of other mineral reservations mentioned
in Section 6 hereof.
such rules and regulations as may be necessary to implement the intent
and provisions of this Act.
Section 6
Other Reservations
CHAPTER III
SCOPE OF APPLICATION
Mining operations in reserved lands other than mineral reservations
may be undertaken by the Department, subject to limitations as herein
provided. In the event that the Department cannot undertake such
activities, they may be undertaken by a qualified person in accordance
with the rules and regulations promulgated by the Secretary. The right
to develop and utilize the minerals found therein shall be awarded by
the President under such terms and conditions as recommended by the
Director and approved by the Secretary: Provided, That the party who
undertook the exploration of said reservation shall be given priority.
The mineral land so awarded shall be automatically excluded from the
reservation during the term of the agreement: Provided, further, That
the right of the lessee of a valid mining contract existing within the
reservation at the time of its establishment shall not be prejudiced or
impaired.
Section 15
Scope of Application
Section 8
Authority of the Department
The Department shall be the primary government agency responsible
for the conservation, management, development, and proper use of the
State's mineral resources including those in reservations, watershed
areas, and lands of the public domain. The Secretary shall have the
authority to enter into mineral agreements on behalf of the
Government upon the recommendation of the Director, promulgate
This Act shall govern the exploration, development, utilization and
processing of all mineral resources.
Section 16
Opening of Ancestral Lands for Mining Operations
No ancestral land shall be opened for mining-operations without prior
consent of the indigenous cultural community concerned.
Section 17
Royalty Payments for Indigenous Cultural Communities
In the event of an agreement with an indigenous cultural community
pursuant to the preceding section, the royalty payment, upon utilization
of the minerals shall be agreed upon by the parties. The said royalty
shall form part of a trust fund for the socioeconomic well-being of the
indigenous cultural community.
Section 18
Areas Open to Mining Operations
Subject to any existing rights or reservations and prior agreements of
all parties, all mineral resources in public or private lands, including
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timber or forestlands as defined in existing laws, shall be open to
mineral agreements or financial or technical assistance agreement
applications. Any conflict that may arise under this provision shall be
heard and resolved by the panel of arbitrators.
Section 19
Areas Closed to Mining Applications
Mineral agreement or financial or technical assistance agreement
applications shall not be allowed:
a. In military and other government reservations, except upon prior
written clearance by the government agency concerned;
b. Near or under public or private buildings, cemeteries, archeological
and historic sites, bridges, highways, waterways, railroads, reservoirs,
dams or other infrastructure projects, public or private works including
plantations or valuable crops, except upon written consent of the
government agency or private entity concerned;
c. In areas covered by valid and existing mining rights;
d. In areas expressedly prohibited by law;
e. In areas covered by small-scale miners as defined by law unless with
prior consent of the small-scale miners, in which case a royalty
payment upon the utilization of minerals shall be agreed upon by the
parties, said royalty forming a trust fund for the socioeconomic
development of the community concerned; and
f. Old growth or virgin forests, proclaimed watershed forest reserves,
wilderness areas, mangrove forests, mossy forests, national parks
provincial/municipal forests, parks, greenbelts, game refuge and bird
sanctuaries as defined by law and in areas expressly prohibited under
the National Integrated Protected Areas System (NIPAS) under
Republic Act No. 7586, Department Administrative Order No. 25,
series
of
1992
and
other
laws.
CHAPTER IV
EXPLORATION PERMIT
Section 20
Exploration Permit
An exploration permit grants the right to conduct exploration for all
minerals in specified areas. The Bureau shall have the authority to
grant an exploration Permit to a qualified person.
Section 21
Terms and Conditions of the Exploration Permit
An exploration permit shall be for a period of two (2) years, subject to
annual review and relinquishment or renewal upon the
recommendation of the Director.
Section 23
Rights and Obligations of the Permittee
An exploration permit shall grant to the permittee, his heirs or
successors-in-interest, the right to enter, occupy and explore the area:
Provided, That if private or other parties are affected, the permittee
shall first discuss with the said parties the extent, necessity, and
manner of his entry, occupation and exploration and in case of
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disagreement, a panel of arbitrators shall resolve the conflict or
disagreement.
CHAPTER V
MINERAL AGREEMENTS
The permittee shall undertake an exploration work on the area as
specified by its permit based on an approved work program.
Section 26
Modes of Mineral Agreement
Any expenditure in excess of the yearly budget of the approved work
program may be carried forward and credited to the succeeding years
covering the duration of the permit. The Secretary, through the
Director, shall promulgate rules and regulations governing the terms
and conditions of the permit.
For purposes of mining operations, a mineral agreement may take the
following forms as herein defined:
The permittee may apply for a mineral production sharing agreement,
joint venture agreement, co-production agreement or financial or
technical assistance agreement over the permit area, which application
shall be granted if the permittee meets the necessary qualifications and
the terms and conditions of any such agreement: Provided, That the
exploration period covered by the exploration permit shall be included
as part of the exploration period of the mineral agreement or financial
or technical assistance agreement.
Section 25
Transfer or Assignment
An exploration permit may be transferred or assigned to a qualified
person subject to the approval of the Secretary upon the
recommendation of the Director.
a. Mineral production sharing agreement is an agreement where the
Government grants to the contractor the exclusive right to conduct
mining operations within a contract area and shares in the gross output.
The contractor shall provide the financing, technology, management
and personnel necessary for the implementation of this agreement.
b. Co-production agreement is an agreement between the Government
and the contractor wherein the Government shall provide inputs to the
mining operations other than the mineral resource.
c. Joint venture agreement is an agreement where a joint-venture
company is organized by the Government and the contractor with both
parties having equity shares. Aside from earnings in equity, the
Government shall be entitled to a share in the gross output.
A mineral agreement shall grant to the contractor the exclusive right to
conduct mining operations and to extract all mineral resources found
in the contract area. In addition, the contractor may be allowed to
convert his agreement into any of the modes of mineral agreements or
financial or technical assistance agreement covering the remaining
period of the original agreement subject to the approval of the
Secretary.
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Section 27
Eligibility
Section 32
Terms
A qualified person may enter into any of the three (3) modes of
mineral agreement with the government for the exploration,
development and utilization of mineral resources: Provided, That in
case the applicant has been in the mining industry for any length of
time, he should possess a satisfactory environmental track record as
determined by the Mines and Geosciences Bureau and in consultation
with the Environmental Management Bureau of the Department.
Mineral agreements shall have a term not exceeding twenty-five (25)
years to start from the date of execution thereof, and renewable for
another term not exceeding twenty-five (25) years under the same
terms and conditions thereof, without prejudice to changes mutually
agreed upon by the parties. After the renewal period, the operation of
the mine may be undertaken by the Government or through a
contractor. The contract for the operation of a mine shall be awarded to
the highest bidder in a public bidding after due publication of the
notice thereof: Provided, That the contractor shall have the right to
equal the highest bid upon reimbursement of all reasonable expenses
of the highest bidder.
Section 30
Assignment/Transfer
Any assignment or transfer of rights and obligations under any mineral
agreement except a financial or technical assistance agreement shall be
subject to the prior approval of the Secretary. Such assignment or
transfer shall be deemed automatically approved if not acted upon by
the Secretary within thirty (30) working days from official receipt
thereof, unless patently unconstitutional or illegal.
CHAPTER VI
FINANCIAL OR TECHNICAL ASSISTANCE AGREEMENT
Section 31
Withdrawal from Mineral Agreements
Section 33
Eligibility
The contractor may, by giving due notice at any time during the term
of the agreement, apply for the cancellation of the mineral agreement
due to causes which, in the opinion of the contractor, make continued
mining operations no longer feasible or viable. The Secretary shall
consider the notice and issue its decision within a period of thirty (30)
days: Provided, That the contractor has met all its financial, fiscal and
legal obligations.
Any qualified person with technical and financial capability to
undertake large-scale exploration, development, and utilization of
mineral resources in the Philippines may enter into a financial or
technical assistance agreement directly with the Government through
the Department.
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Section 36
Negotiations
A financial or technical assistance agreement shall be negotiated by
the Department and executed and approved by the President. The
President shall notify Congress of all financial or technical assistance
agreements within thirty (30) days from execution and approval
thereof.
Section 39
Option to Convert into a Mineral Agreement
The contractor has the option to convert the financial or technical
assistance agreement to a mineral agreement at any time during the
term of the agreement, if the economic viability of the contract area is
found to be inadequate to justify large-scale mining operations, after
proper notice to the Secretary as provided for under the implementing
rules and regulations: Provided, That the mineral agreement shall only
be for the remaining period of the original agreement.
In the case of a foreign contractor, it shall reduce its equity to forty
percent (40%) in the corporation, partnership, association, or
cooperative. Upon compliance with this requirement by the contractor,
the Secretary shall approve the conversion and execute the mineral
production-sharing agreement.
prior approval of the President: Provided, That the President shall
notify Congress of every financial or technical assistance agreement
assigned or converted in accordance with this provision within thirty
(30) days from the date of the approval thereof.
Section 41
Withdrawal from Financial or Technical Assistance Agreement
The contractor shall manifest in writing to the Secretary his intention
to withdraw from the agreement, if in his judgment the mining project
is no longer economically feasible, even after he has exerted
reasonable diligence to remedy the cause or the situation. The
Secretary may accept the withdrawal: Provided, That the contractor
has complied or satisfied all his financial, fiscal or legal obligations.
CHAPTER VII
SMALL-SCALE MINING
Section 42
Small-scale Mining
Small-scale mining shall continue to be governed by Republic Act No.
7076 and other pertinent laws.
CHAPTER VIII
QUARRY RESOURCES
Section 40
Assignment/Transfer
Section 43
Quarry Permit
A financial or technical assistance agreement may be assigned or
transferred, in whole or in part, to a qualified person subject to the
Any qualified person may apply to the provincial/city mining
regulatory board for a quarry permit on privately-owned lands and/or
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public lands for building and construction materials such as marble,
basalt, andesite, conglomerate, tuff, adobe, granite, gabbro, serpentine,
inset filling materials, clay for ceramic tiles and building bricks,
pumice, perlite and other similar materials that are extracted by
quarrying from the ground. The provincial governor shall grant the
permit after the applicant has complied with all the requirements as
prescribed by the rules and regulations.
The maximum area which a qualified person may hold at any one time
shall be five hectares (5 has.): Provided, That in large-scale quarry
operations involving cement raw materials, marble, granite, sand and
gravel and construction aggregates, a qualified person and the
government may enter into a mineral agreement as defined herein.
A quarry permit shall have a term of five (5) years, renewable for like
periods but not to exceed a total term of twenty-five (25) years. No
quarry permit shall be issued or granted on any area covered by a
mineral agreement or financial or technical assistance agreement.
Section 45
Cancellation of Quarry Permit
A quarry permit may be cancelled by the provincial governor for
violations of the provisions of this Act or its implementing rules and
regulations or the terms and conditions of said permit: Provided, That
before the cancellation of such permit, the holder thereof shall be
given the opportunity to be heard in an investigation conducted for the
purpose.
Section 46
Commercial Sand and Gravel Permit
Any qualified person may be granted a permit by the provincial
governor to extract and remove sand and gravel or other loose or
unconsolidated materials which are used in their natural state, without
undergoing processing from an area of not more than five hectares (5
has.) and in such quantities as may be specified in the permit.
Section 47
Industrial Sand and Gravel Permit
Any qualified person may be granted an industrial sand and gravel
permit by the Bureau for the extraction of sand and gravel and other
loose or unconsolidated materials that necessitate the use of
mechanical processing covering an area of more than five hectares (5
has.) at any one time. The permit shall have a term of five (5) years,
renewable for a like period but not to exceed a total term of twentyfive (25) years.
Section 48
Exclusive Sand and Gravel Permit
Any qualified person may be granted an exclusive sand and gravel
permit by the provincial governor to quarry and utilize sand and gravel
or other loose or unconsolidated materials from public lands for his
own use, provided that there will be no commercial disposition
thereof.
A mineral agreement or a financial technical assistance agreement
contractor shall, however, have the right to extract and remove sand
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and gravel and other loose unconsolidated materials without need of a
permit within the area covered by the mining agreement for the
exclusive use in the mining operations: Provided, That monthly reports
of the quantity of materials extracted therefrom shall be submitted to
the mines regional office concerned: Provided, further, That said right
shall be coterminous with the expiration of the agreement.
Holders of existing mining leases shall likewise have the same rights
as that of a contractor: Provided, That said right shall be coterminous
with the expiry dates of the lease.
Section 49
Government Gratuitous Permit
Any government entity or instrumentality may be granted a gratuitous
permit by the provincial governor to extract sand and gravel, quarry or
loose unconsolidated materials needed in the construction of building
and/or infrastructure for public use or other purposes over an area of
not more than two hectares (2 has.) for a period coterminous with said
construction.
Section 50
Private Gratuitous Permit
Any owner of land may be granted a private gratuitous permit by the
provincial governor.
Section 51
Guano Permit
Any qualified person may be granted a guano permit by the provincial
governor to extract and utilize loose unconsolidated guano and other
organic fertilizer materials in any portion of a municipality where he
has established domicile. The permit shall be for specific caves and/or
for confined sites with locations verified by the Department's field
officer in accordance with existing rules and regulations.
Section 52
Gemstone Gathering Permit
Any qualified person may be granted a non-exclusive gemstone
gathering permit by the provincial governor to gather loose stones
useful as gemstones in rivers and other locations.
CHAPTER XII
AUXILIARY MINING RIGHTS
Section 72
Timber Rights
Any provision of law to the contrary notwithstanding, a contractor may
be granted a right to cut trees or timber within his mining area as may
be necessary for his mining operations subject to forestry laws, rules
and regulations: Provided, That if the land covered by the mining area
is already covered by existing timber concessions, the volume of
timber needed and the manner of cutting and removal thereof shall be
determined by the mines regional director, upon consultation with the
contractor, the timber concessionaire/permittee and the Forest
Management Bureau of the Department: Provided, further, That in
case of disagreement between the contractor and the timber
concessionaire, the matter shall be submitted to the Secretary whose
decision shall be final. The contractor shall perform reforestation work
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within his mining area in accordance with forestry laws, rules and
regulations.
Section 75
Easement Rights
Section 73
Water Rights
When mining areas are so situated that for purposes of more
convenient mining operations it is necessary to build, construct or
install on the mining areas or lands owned, occupied or leased by other
persons, such infrastructure as roads, railroads, mills, waste dump
sites, tailings ponds, warehouses, staging or storage areas and port
facilities, tramways, runways, airports, electric transmission, telephone
or telegraph lines, dams and their normal flood and catchment areas,
sites for water wells, ditches, canals, new river beds, pipelines, flumes,
cuts, shafts, tunnels, or mills, the contractor, upon payment of just
compensation, shall be entitled to enter and occupy said mining areas
or lands.
A contractor shall have water rights for mining operations upon
approval of application with the appropriate government agency in
accordance with existing water laws, rules and regulations
promulgated thereunder: Provided, That water rights already granted
or vested through long use, recognized and acknowledged by local
customs, laws, and decisions of courts shall not thereby be impaired:
Provided, further, That the Government reserves the right to regulate
water rights and the reasonable and equitable distribution of water
supply so as to prevent the monopoly of the use thereof.
Section 74
Right to Possess Explosives
A contractor/exploration permittee shall have the right to possess and
use explosives within his contract/permit area as may be necessary for
his mining operations upon approval of application with the
appropriate government agency in accordance with existing laws, rules
and regulations promulgated thereunder: Provided, That the
Government reserves the right to regulate and control the explosive
accessories to ensure safe mining operations.
Section 76
Entry into Private Lands and Concession Areas
Subject to prior notification, holders of mining rights shall not be
prevented from entry into private lands and concession areas by
surface owners, occupants, or concessionaires when conducting
mining operations therein: Provided, That any damage done to the
property of the surface owner, occupant, or concessionaire as a
consequence of such operations shall be properly compensated as may
be provided for in the implementing rules and regulations: Provided,
further, That to guarantee such compensation, the person authorized to
conduct mining operation shall, prior thereto, post a bond with the
regional director based on the type of properties, the prevailing prices
in and around the area where the mining operations are to be
conducted, with surety or sureties satisfactory to the regional director.
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CHAPTER XIII
SETTLEMENT OF CONFLICTS
d. Disputes pending before the Bureau and the Department at the date
of the effectivity of this Act.
Section 77
Panel of Arbitrators
Section 78
Appellate Jurisdiction
There shall be a panel of arbitrators in the regional office of the
Department composed of three (3) members, two (2) of whom must be
members of the Philippine Bar in good standing and one a licensed
mining engineer or a professional in a related field, and duly
designated by the Secretary as recommended by the Mines and
Geosciences Bureau Director. Those designated as members of the
panel shall serve as such in addition to their work in the Department
without receiving any additional compensation As much as
practicable, said members shall come from the different bureaus of the
Department in the region. The presiding officer thereof shall be
selected by the drawing of lots. His tenure as presiding officer shall be
on a yearly basis. The members of the panel shall perform their duties
and obligations in hearing and deciding cases until their designation is
withdrawn or revoked by the Secretary. Within thirty (30) working
days, after the submission of the case by the parties for decision, the
panel shall have exclusive and original jurisdiction to hear and decide
on the following:
The decision or order of the panel of arbitrators may be appealed by
the party not satisfied thereto to the Mines Adjudication Board within
fifteen (15) days from receipt thereof which must decide the case
within thirty (30) days from submission thereof for decision.
a. Disputes involving rights to mining areas;
b. To administer oaths, summon the parties to a controversy, issue
subpoenas requiring the attendance and testimony of witnesses or the
production of such books, papers, contracts, records, statement of
accounts, agreements, and other documents as may be material to a
just determination of the matter under investigation, and to testify in
any investigation or hearing conducted in pursuance of this Act;
b. Disputes involving mineral agreements or permits;
c.
Disputes
involving surface
claimholders/concessionaires; and
owners,
occupants
and
Section 79
Mines Adjudication Board
The Mines Adjudication Board shall be composed of three (3)
members. The Secretary shall be the chairman with the Director of the
Mines and Geosciences Bureau and the Undersecretary for Operations
of the Department as members thereof. The Board shall have the
following powers and functions:
a. To promulgate rules and regulations governing the hearing and
disposition of cases before it, as well as those pertaining to its internal
functions, and such rules and regulations as may be necessary to carry
out its functions;
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c. To conduct hearings on all matters within its jurisdiction, proceed to
hear and determine the disputes in the absence of any party thereto
who has been summoned or served with notice to appear, conduct its
proceedings or any part thereof in public or in private, adjourn its
hearings at any time and place, refer technical matters or accounts to
an expert and to accept his report as evidence after hearing of the
parties upon due notice, direct parties to be joined in or excluded from
the proceedings, correct, amend, or waive any error, defect or
irregularity, whether in substance or in form, give all such directions as
it may deem necessary or expedient in the determination of the dispute
before it, and dismiss the mining dispute as part thereof, where it is
trivial or where further proceedings by the Board are not necessary or
desirable:
Board shall be conclusive and binding on the parties and its decision or
order shall be final and executory.
A petition for review by certiorari and question of law may be filed by
the aggrieved party with the Supreme Court within thirty (30) days
from receipt of the order or decision of the Board.
CHAPTER XVII
GROUND FOR CANCELLATION, REVOCATION, AND
TERMINATION
Section 95
Late or Non-filing of Requirements
1. To hold any person in contempt, directly or indirectly, and
impose appropriate penalties therefor; and
Failure of the permittee or contractor to comply with any of the
requirements provided in this Act or in its implementing rules and
regulations, without a valid reason, shall be sufficient ground for the
suspension of any permit or agreement provided under this Act.
2. To enjoin any or all acts involving or arising from any case
pending before it which, if not restrained forthwith, may cause
grave or irreparable damage to any of the parties to the case or
seriously affect social and economic stability.
Section 96
Violation of the Terms and Conditions of Permits or Agreements
In any proceeding before the Board, the rules of evidence prevailing in
courts of law or equity shall not be controlling and it is the spirit and
intention of this Act that shall govern. The Board shall use every and
all reasonable means to ascertain the facts in each case speedily and
objectively and without regard to technicalities of law or procedure, all
in the interest of due process. In any proceeding before the Board, the
parties may be represented by legal counsel. The findings of fact of the
Violation of the terms and conditions of the permits or agreements
shall be a sufficient ground for cancellation of the same.
Section 97
Non-Payment of Taxes and Fees
Failure to pay the taxes and fees due the Government for two (2)
consecutive years shall cause the cancellation of the exploration
permit, mineral agreement, financial or technical assistance agreement
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and other agreements and the re-opening of the area subject thereof to
new applicants.
Section 98
Suspension or Cancellation of Tar Incentives and Credits
Failure to abide by the terms and conditions of tax incentive and
credits shall cause the suspension or cancellation of said incentives and
credits.
Section 99
Falsehood or Omission of Facts in the Statement
All statements made in the exploration permit, mining agreement and
financial or technical assistance agreement shall be considered as
conditions and essential parts thereof and any falsehood in said
statements or omission of facts therein which may alter, change or
affect substantially the facts set forth in said statements may cause the
revocation and termination of the exploration permit, mining
agreement and financial or technical assistance agreement.
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EXECUTIVE
ORDER
NO.
79
INSTITUTIONALIZING AND IMPLEMENTING REFORMS IN
THE PHILIPPINE MINING SECTOR PROVIDING POLICIES
AND GUIDELINES TO ENSURE ENVIRONMENTAL
PROTECTION AND RESPONSIBLE MINING IN THE
UTILIZATION
OF
MINERAL
RESOURCES
WHEREAS, Section 16, Article II of the 1987 Constitution provides
that the State shall protect and advance the right of the Filipino people
to a balanced and healthful ecology in accord with the rhythm and
harmony
of
nature;
WHEREAS, Section 1, Article XII of the 1987 Constitution seeks a
more equitable distribution of opportunities, income, and wealth; a
sustained increase in the amount of goods and services produced by
the nation for the benefit of the people; an expanding productivity as
the key to raising the quality of life for all, especially the
underprivileged; and that in the pursuit of these goals, all sectors of the
economy and all regions of the country shall be given optimum
opportunity
to
develop;
WHEREAS, Section 2, Article XII of the 1987 Constitution provides
that the exploration, development, and utilization of mineral resources
shall be under the full control and supervision of the State;
WHEREAS, further to Section 2, Article XII of the 1987 Constitution,
which recognizes the small-scale utilization of resources by Filipino
citizens, small-scale mining shall be recognized as a formal sector of
the
industry;
WHEREAS, Section 22, Article II of the 1987 Constitution provides
that the State recognizes and promotes the right of indigenous cultural
communities within the framework of national unity and development,
and Republic Act (RA) No. 8371, or the Indigenous Peoples Rights
Act (IPRA) of 1997, recognizes further the indigenous peoples’ (IPs)
right to develop their lands and natural resources within their ancestral
domains, subject to their free, prior, and informed consent (FPIC);
WHEREAS, Section 7, Article X of the Constitution provides that
local government units (LGUs) are entitled to an equitable share in the
proceeds of the utilization and development of the national wealth
within their jurisdiction, and the Local Government Code of 1991
provides that LGUs have the duty and authority to protect and comanage the environment and enhance the right of the people to a
balanced
ecology;
WHEREAS, Section 2 of RA No. 7492, otherwise known as the
Philippine Mining Act of 1995, provides that it shall be the
responsibility of the State to promote the rational exploration,
development, utilization, and conservation of the country’s mineral
resources through the combined efforts of government and the private
sector in order to enhance national growth in a way that effectively
safeguards the environment and protects the rights of affected
communities;
and,
WHEREAS, as recommended by the Climate Change Adaptation and
Mitigation and Economic Development Cabinet Clusters in a Joint
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Resolution dated 16 March 2012, a six-point agenda was adopted,
which sets the direction and lays the foundation for the implementation
of Responsible Mining Policies, foremost among which is to improve
environmental mining standards and increase revenues to promote
sustainable economic development and social growth, both at the
national
and
local
levels,
NOW THEREFORE, I, BENIGNO S. AQUINO III, President of the
Philippines, by virtue of the powers vested in me by the Constitution
and
existing
laws,
do
hereby order
the
following:
SECTION 1. Areas Closed to Mining Applications. Applications for
mineral contracts, concessions, and agreements shall not be allowed in
the
following:
a) Areas expressly enumerated under Section 19 of RA No. 7942;
b) Protected areas categorized and established under the National
Integrated Protected Areas System (NIPAS) under RA No. 7586;
c) Prime agricultural lands, in addition to lands covered by RA No.
6657,
or
the
Comprehensive
Agrarian Reform Law of 1988, as amended, including plantations and
areas devoted to valuable crops, and strategic agriculture and fisheries
development zones and fish refuge and sanctuaries declared as such by
the Secretary of the Department of Agriculture (DA);
d) Tourism development areas, as identified in the National Tourism
Development
Plan
(NTDP);
and,
e) Other critical areas, island ecosystems, and impact areas of mining
as determined by current and existing mapping technologies, that the
DENR may hereafter identify pursuant to existing laws, rules, and
regulations, such as, but not limited to, the NIPAS Act.
Mining contracts, agreements, and concessions approved before the
effectivity of this Order shall continue to be valid, binding, and
enforceable so long as they strictly comply with existing laws, rules,
and regulations and the terms and conditions of the grant thereof. For
this purpose, review and monitoring of such compliance shall be
undertaken
periodically.
SECTION 2. Full Enforcement of Environmental Standards in
Mining. The Government in general, and the Department of
Environmental and Natural Resources (DENR) in particular, in
coordination with concerned LGUs, shall ensure that environmental
standards in mining, as prescribed by the various mining and
environmental laws, rules, and regulations, shall be fully and strictly
enforced, and appropriate sanctions meted out against violators
thereof.
In line with the above, only those who are able to strictly comply with
all the pertinent requirements shall be eligible for the grant of mining
rights, pursuant to the applicable provisions of RA No. 7942.
SECTION 3. Review of the Performance of Existing Mining
Operations and Cleansing of Non-Moving Mining Rights
Holders. To ensure compliance with environmental standards, laws,
rules and regulations, and to rationalize the management and
utilization of minerals toward sustainable development, a multistakeholder team led by the DENR shall conduct a review of the
performance of existing mining operations. The said review shall be
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based on guidelines and parameters set forth in the specific mining
contract or agreement and on other pertinent or applicable laws, rules
and regulations, such as the Mining Act of 1995 and the Labor Code.
Appropriate action shall be immediately taken against proven violators
based on the findings and recommendations of the review.
SECTION 4. Grant of Mineral Agreements Pending New
Legislation. No new mineral agreements shall be entered into until a
legislation rationalizing existing revenue sharing schemes and
mechanisms shall have taken effect. The DENR may continue to grant
and issue Exploration Permits under existing laws, rules, and
guidelines. The grantees of such permits shall have the rights under the
said laws, rules, and guidelines over the approved exploration area and
shall be given the right of first option to develop and utilize the
minerals in their respective exploration area upon the approval of the
declaration of mining project feasibility and the effectivity of the said
legislation.
The DENR shall likewise undertake a review of existing mining
contracts and agreements for possible renegotiation of the terms and
conditions of the same, which shall in all cases be mutually acceptable
to
the
government
and
the
mining
contractor.
SECTION 5. Establishment of Mineral Reservations. Potential and
future mining areas with known strategic mineral reserves and
resources shall be declared as Mineral Reservations for the
development of strategic industries identified in the Philippine
Development Plan and a National Industrialization Plan, pursuant to
the pertinent provisions of RA No. 7942, after proper consultation with
all concerned stakeholders such as, but not limited to, residents of
affected communities, LGUs, the business sector, and non-government
and
civil
society
organizations.
This shall be without prejudice to the agreements, contracts, rights and
obligations previously entered into by and between the government
and
mining
contractors/operators.
SECTION 6. Opening of Areas for Mining through Competitive
Public Bidding. The grant of mining rights and mining tenements
over areas with known and verified mineral resources and reserves,
including those owned by the Government and all expired tenements,
shall be undertaken through competitive public bidding. The Mines
and Geosciences Bureau (MGB) shall prepare the necessary
competitive bid packages and formulate the proper guidelines and
procedures to conduct the same, which shall include ensuring that the
social acceptability of the proposed project has been secured.
All other mining rights and tenements applications shall be processed
and
approved
through
existing
procedures.
SECTION 7. Disposition of Abandoned Ores and Valuable Metals
in Mine Wastes and Mill Tailings. All valuable metals in abandoned
ores and mine wastes and/or mill tailings generated by previous and
now defunct mining operations belong to the State and shall be
developed and utilized through competitive public bidding in
accordance
with
the
pertinent
provisions
of
law.
In the case of existing mining operations, all valuable metals in mine
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wastes and/or mill tailings shall automatically belong to the State upon
the expiration of the pertinent mining contracts and shall be similarly
developed and utilized through public bidding; provided, that where
two or more mine sites, covered by their respective mining contracts,
share a single tailings pond, both or all mining contracts must expire
before the State can claim ownership over the said tailing pond.
The State’s assumption of responsibility over the structures and
facilities relating to mine wastes and mine tailings shall be without
prejudice to any liability/liabilities that may be found against mining
contractors for any harm or damage caused by said structures and
facilities, mine wastes and mine tailings prior to the said assumption of
responsibility in accordance with existing laws, rules, regulations and
the
terms
of
the
grant
of
the
mining
rights.
SECTION 8. Value-Adding Activities and the Development of
Downstream Industries for the Mineral Sector. The DENR, in
coordination with the Department of Trade and Industry (DTI),
Department of Science and Technology (DOST), National Economic
and Development Authority (NEDA), other government agencies
concerned, the mining industry, and other stakeholders, shall submit
within a period of six (6) months a national program and road-map,
based on the Philippine Development Plan and a National
Industrialization Plan, for the development of value-adding activities
and downstream industries for strategic metallic ores.
SECTION 9. Constituting the Climate Change Adaptation and
Mitigation and Economic Development Cabinet Clusters as the
Mining Industry Coordinating Council (MICC). The Climate
Change Adaptation and Mitigation and Economic Development
Cabinet Clusters, shall constitute themselves into an interagency forum
to be known as the Mining Industry Coordinating Council (MICC).
The MICC shall be co-chaired by the Chairpersons of the two (2)
clusters and shall have the following additional members: Secretary,
Department of Justice (DOJ), Chairperson, National Commission on
Indigenous Peoples (NCIP), and President, Union of Local Authorities
of
the
Philippines
(ULAP).
SECTION 10. Powers and Functions of the Council. The Council
shall
have
the
following
powers
and
functions:
a) Submit a work plan within sixty (60) days from the effectivity of
this Order for the implementation of this Order and other reforms
related
to
the
mining
industry;
b) Ensure continuing dialogue and coordination among all
stakeholders
in
the
industry;
c) Conduct and facilitate the necessary capacity and institutional
building programs for all concerned government agencies and
instrumentalities;
d) Conduct an assessment and review of all mining-related laws, rules
and regulations, issuances, and agreements with the view to
formulating recommendations to improve the allocation of revenues
and risk between the government and the mining sector, to enhance
coordination between the National Government and LGUs to ensure
implementation of mining laws and regulations, and to properly
regulate small-scale mining participants and ensure that they are
accountable to the same environmental and social obligations as large-
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scale
mining
companies;
e) As may be directed by the President, constitute and create a Task
Force Against Illegal Mining and seek the assistance of all law
enforcement agencies, such as, but not limited, to the Philippine
National Police (PNP) and the Armed Forces of the Philippines (AFP)
to ensure strict compliance with relevant laws, rules and regulations;
f) Serve as the Oversight Committee over the operations of
Provincial/City
Mining
Regulatory
Boards
(P/CMRBs);
g) Request the assistance of any government agency or
instrumentality, including government-owned and controlled
corporations and local government units (LGUs), in the
implementation
of
this
Order;
h) Submit periodic reports to the President on the status of the
implementation
of
this
Order;
and,
i) Perform such other functions and acts as may be necessary, proper
or incidental to the attainment of its mandates and objectives, or as
may
be
directed
by
the
President.
SECTION 11. Measures to Improve Small-Scale Mining
Activities. To improve and address issues on small-scale mining, the
following
measures
shall
be
undertaken:
a) Small-scale mining activities shall comply with RA NO. 7076, or
the People’s Small-Scale Mining Act of 1991, and the Environmental
Impact Statement System requirements under Presidential Decree (PD)
No.
1586;
b) Pursuant to RA No. 7076, small-scale mining operations shall be
undertaken only within the declared People’s Small-Scale Mining
Areas
or
Minahang
Bayan;
c) Pursuant to Section 24 of RA No. 7076, P/CMRBs in provinces and
cities where they have not been constituted shall be operationalized
within three (3) months from the effectivity of this Order;
d) Small-scale mining shall not be applicable for metallic minerals
except gold, silver, and chromite, as provided for in RA No. 7076;
e) The use of mercury in small-scale mining shall be strictly
prohibited;
and,
f) Training and capacity building measures in the form of technical
assistance for small-scale mining cooperatives and associations shall
be conducted by the concerned government agencies.
SECTION 12. Consistency of Local Ordinances with the
Constitution and National Laws/LGU Cooperation. The
Department of the Interior and Local Government (DILG) and the
LGUs are hereby directed to ensure that the exercise of the lattter’s
powers and functions is consistent with and conform to the regulations,
decisions, and policies already promulgated and taken by the National
Government relating to the conservation, management, development,
and proper utilization of the State’s mineral resources, particularly RA
No. 7942 and its implementing rules and regulations, while
recognizing the need for social acceptance of proposed mining projects
and
activities.
LGUs shall confine themselves only to the imposition of reasonable
limitations on mining activities conducted within their respective
territorial jurisdictions that are consistent with national laws and
regulations.
Concerned government agencies, in particular the DENR, the
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Department of Budget and Management (DBM), and the Department
of Finance (DOF), are hereby directed to ensure the timely release of
the share of LGUs in the National Wealth pursuant to Section 289 of
RA No. 7160, or the Local Government Code of 1991. These agencies
are likewise directed to study the possibility of increasing LGUS’
share as well as granting them direct access similar to existing
arrangements with the Philippine Export Zone Authority (PEZA).
LGUs, DENR, and the MGB working together shall strictly implement
RA No. 7076, to ensure the protection of the environment, address
various issues in small-scale mining, and ensure that violators thereof
are subjected to appropriate administrative and criminal liability.
SECTION 13. Creating a One-stop Shop for all Mining
Applications and Procedures. The DENR is hereby directed to
establish an inter-agency one-stop shop for all mining related
applications and processes within six (6) months from the effectivity
of this Order. The DENR shall issue authority to verify mineral
deposits only for areas open to mining, as defined in this Order;
provided, that no Mineral Production Sharing Agreement (MPSA),
Financial and Technical Assistance Agreement (FTAA), Joint Venture
Agreement (JVA), or Co-Production Agreement (CPA) shall be
approved without the FPIC of the concerned IPs and compliance with
the social acceptability requirement of the communities affected. All
concerned government agencies and instrumentalities, including but
not limited to the DENR-MGB, NCIP, DOF, and concerned LGUs are
hereby directed to ensure an efficient and effective consolidation of
functions, and to cooperate and render assistance as may be necessary.
SECTION 14. Improving Transparency in the Industry by Joining
the Extractive Industries Transparency Initiative. In order to
improve transparency, accountability, and governance in the sector, the
government shall support and commit participation in the Extractive
Industries Transparency Initiative (EITI). The DENR is mandated to
ensure that mechanisms are established to operationalize the EITI in
the mining sector, in consultation and coordination with the mining
industry
and
other
concerned
stakeholders.
SECTION 15. Creation of a Centralized Database for the Mining
Industry. The DENR is hereby directed to create a centralized
database of all mining-related information. The database shall initially
include all available data on the industry from all government agencies
and instrumentalities. The database shall be publicly accessible,
transparent, complete, and comprehensive. The database shall be
created within six (6) months from the effectivity of this Order.
Information and data gathered from the conduct of Resource
Accounting or Full-Cost Benefit Analysis Studies, in line with the
Wealth Accounting and Valuation of Ecosystem Services (WAVES)
and the National Climate Change Action Plan (NCCAP), shall also be
made
part
of
the
centralized
database.
SECTION 16. Integrated Map System to Include Mining Related
Maps. Current and existing efforts to create an integrated map system
for the common and uniform use of all government agencies and
instrumentalities shall include all mining-related maps, such as, but not
limited, to mining tenement maps, geo-hazard and multi-hazard maps,
ancestral lands and domains, and protected areas under the NIPAS,
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among others. The maps in the system, including the mining-related
maps, shall guide all planning and decision-making processes.
Areas closed to mining operations, as provided for in Section 2 of this
Order and in other pertinent laws, rules, and regulations, shall be
clearly defined and delineated under the integrated map system.
SECTION 17. Use of the Programmatic Environmental Impact
Assessment. The DENR and the Environmental Management Bureau
(EMB) shall study the adoption of the Programmatic Environmental
Impact Assessment (PEIA) in the implementation of the Philippine
Environmental Impact Statement System (PEISS) under PD No. 1586,
for mining projects and related activities. The necessary amendatory
rules and regulations shall be issued for the implementation of this
Section.
The DENR-EMB is also hereby directed to study the use and
implementation of the PEIA for other industries and activities covered
by
the
PEISS.
SECTION 18. Funding. All government agencies involved in the
implementation of this Order are authorized to allocate from their
existing funds such amounts as may be necessary for the budgetary
requirements that may be needed to pursue the objectives of this
Order, subject to the usual government accounting and auditing rules
and
regulations.
SECTION 19. Implementing Rules and Regulations (IRRs). The
DENR, working with the MICC, shall issue the pertinent IRRs within
sixty (60) days from the effectivity of this Order.
SECTION 20. Separability Clause. If any provision of this Order is
declared invalid and unconstitutional, all other provisions unaffected
shall
remain
valid
and
subsisting.
SECTION 21. Repealing Clause. All other rules, regulations and
issuances or parts thereof that are inconsistent with this Executive
Order
are
hereby
repealed
or
modified
accordingly.
SECTION 22. Effectivity. This Order shall take effect immediately
upon its publication in a newspaper of general circulation.