Revised
Forestry
Code of the
Philippines
PD. 705
The primary law
governing Philippines’
forestlands and forest
resources
State Policies
A
B
The multiple uses of forest lands shall be
oriented to the development and progress
requirements of the country, the advancement
of science and technology, and the public
welfare;
Land
classification
and
systematized and hastened;
survey
shall
be
State Policies
C
The establishment of wood-processing plants
shall be encouraged and rationalized; and
D
The protection, development and rehabilitation of
forest lands shall be emphasized so as to ensure
their continuity in productive condition.
Definitions
Public Forest
is the mass of lands of the public
domain which has not been the
subject of the present system
of
classification
for
the
determination of which lands are
needed for forest purposes and
which are not.
Permanent forest or forest reserves
refer to those lands of the
public domain which have been the
subject of the present system
of classification and determined
to be needed for forest purpose
Definitions
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.
Forest lands
include the public forest, the
permanent forest or forest
reserves,
and
forest
reservations.
Mineral lands refer to those lands of the public domain which have
been classified as such by the Secretary of Natural Resources in
accordance with prescribed and approved criteria, guidelines and
procedure.
Forest reservations refer to forest lands which have been
reserved by the President of the Philippines for any specific
purpose or purposes.
Mangrove is a term applied to the type of forest occurring on the
tidal flat along the sea coast, extending along streams where the
water is brackish
.Kaingin is a portion of the forest land, whether occupied or not,
which is subjected to shifting and/or permanent slash-and-burn
cultivation having little or no provision to prevent erosion.
Industrial Tree Plantation is any tract of forest land purposely
and extensively planted to timber crops primarily to supply the raw
material requirements of existing proposed processing plants and
related industries.
Permit is a short- term privilege or authority granted by the
State to a person to utilize any limitedforest resources or
undertake a limited activity with any forest land without any right
ofoccupation and possession therein.
ORGANIZATIONAL
STRUCTURE
DENR
primarily responsible for the implementation
of the State Policy which is the
conservation,management, development, and
proper use of the country‘s environment and
natural resources for the welfare of the
present and future generations of Filipino
Forest Management Bureau
FMB is directly under the control of DENR
Secretary. Upon the recommendation of
the
FMB,
the
DENR
Secretaryshall
promulgate
rules
and
regulations
necessary to implement PD 705.
Sec. 5 of PD 705: FMB shall have jurisdiction
and authority over all forest land, grazing
lands, and all forestreservation including
watershed
reservations
presently
administered by the other government
agencies orinstrumentalities.
UTILIZATION AND
MANAGEMENT
Multiple use
Sec. 19 of PD 705: Only the utilization, exploitation,
occupation or possession of any forest lands and grazing
lands,or any activity therein, involving one or more of its
resources, which will produce the optimum benefits to
thedevelopment and progress of the country and the public
welfare, without impairment or with the least injury to
itsresources, shall be allowed.
I.Principle of Inter- Generational Responsibility use
In Oposa VS Factoran (1993) every generation has a
responsibility to the next to preserve that rhythm andharmony for
the full enjoyment of a balanced and healthful ecology.
II. A Timber License Is Not a Contract But a Mere Privilege Which Does not
Create Irrevocable Rights
A Timber License is an instrument by which the State regulates the utilization and disposition
of forest resourcesto the end that the public welfare is promoted. A timber license is not a
contract, within the purview of dueprocess clause; it is only a license or a privilege, which can
be validly withdrawn whenever dictated by publicinterest or welfare. The granting of license
does not create irrevocable rights, neither is it property or propertyrights.
Duration License Agreement or License to Harvest
Timber in Forest Lands
T
I
M
B
E
R
.
01.
Sec. 27 of PD 705: The duration of the privilege to harvest
timber in any particular forest land under a agreement or
license shall be fixed and determined in accordance with the
allowable cut therein, the estabished cycle thereof, the yield
capacity of harvestable timber and the capacity of healthy
residuals for a second growth
.
02.
The maximum period of any privilege to harvest timber is
25 years, renewable for not exceeding 25 years necessary to utilize all
the remaining commercial quantity or harvestable timber either from
the unlogged or logged-over area
CRIMINAL
OFFENSES
AND
PENALTIES
01. Cutting, Gathering and/or Collecting
Timber or Other Products Without License
02. Unlawful Occupation or Destruction of
Forest Lands
03. Pasturing Livestock
04.Illegal Occupation of National Parks
System and Recreation Areas and Vandalism
Therein
FISHERIES
CODE
RA. 8550
As Amended by 10654
AN ACT TO PREVENT, DETER AND ELIMINATE
ILLEGAL, UNREPORTED AND UNREGULATED
FISHING, AMENDING REPUBLIC ACT NO. 8550,
OTHERWISE KNOWN AS "THE PHILIPPINE
FISHERIES CODE OF 1998
Objectives
To ensure the rational and sustainable development, management and
conservation of the fishery and aquatic resources in Philippine waters
including the Exclusive Economic Zone (EEZ) and in the adjacent high
seas, consistent with the primordial objective of maintaining a sound
ecological balance, protecting and enhancing the quality of the
environment. The Philippines shall pursue its commitment to
international conventions and cooperate with other states and
international bodies, in order to conserve and manage threatened ,
aquatic species, straddling and highly migratory fish stocks and other
living marine resources;
Objectives
To adopt the precautionary principle and manage fishery
and aquatic resources, in a manner consistent with the
concept of an ecosystem-based approach to fisheries
management and integrated coastal area management in
specific natural fishery management areas, appropriately
supported by research, technical services and guidance
provided by the State; and
Application
01
02
03
04
all Philippine waters
including other waters over
which the Philippines has
sovereignty and jurisdiction,
and the country’s 200nautical mile Exclusive
Economic Zone (EEZ) and
continental shelf;
all aquatic and fishery
resources whether inland,
coastal or offshore fishing
areas, including, but not
limited to, fishponds, fish
pens/cages;
all lands devoted to
aquaculture, or
businesses and
activities relating to
fishery, whether private
or public lands; and
all Philippine flagged
fishing vessels operating
in areas governed by a
Regional Fisheries
Management Organization
(RFMO), in the high seas,
or in waters of other
coastal states
Feature 01
Determination of the area’s carrying
capacity and the number of fishing
vessels allowed to operate based on
reference points and harvest control
rules
Feature 03
.Monitoring, Control and Surveillance (MCS)
System: Municipal, commercial, and distant water
fishing vessels are required to comply with vessel
monitoring measures to be established by the
DA.6 These vessels must have vessel monitoring
system to track and monitor the position, course
and speed of the vessels at any given time for the
purpose of managing fishing effort and for
traceability.7
01
02
KEY
FEATURES
OF THE CODE
03
04
Feature 02
Reportorial requirements: Commercial fishing vessels are
required to keep a daily record of fish catch, spoilage,
fishing effort, and other information on catch and
disposal, which should follow the form of a catch
documentation system to be crafted by the Department
of Agriculture-Bureau of Fisheries and Aquatic Resources
(DA-BFAR). This information must be reported to the DABFAR, otherwise the owner, operator or officers of the
vessel can be penalized.5
Feature 04
Except administrative actions, all cases involving
violations of the Fisheries Code and its
amendments are governed by the Rules of
Procedure for Environmental Cases.1
Monitoring, Control and Surveillance (MCS) of Fishing in all Philippine
Waters and Philippine Flagged Distant Water Fishing Vessels.
Section 7. Section 14 of the Act is hereby amended, as follows: A monitoring,
control and surveillance system shall be established by the Department in
coordination with LGUs, FARMCs, the private sector and other agencies
concerned to ensure that the fisheries and aquatic resources in Philippine
waters are judiciously and wisely utilized and managed on a sustainable
basis and conserved for the benefit and enjoyment exclusively of Filipino
citizens. The MCS system shall encompass all Philippine flagged fishing
vessels regardless of fishing area and final destination of catch."
Feature 05
Citizen’s suit: A legal remedy integrated in
the law to promote the citizen’s right to
participate in decision-making, enhance
civil and political rights, and ensure
implementation of the law
Feature 07
Strategic Lawsuit Against Public
Participation (SLAPP) measure: Enforcers
and the citizens who push for fishery
reforms can use the defense of SLAPP in
cases filed to purposely harass, chill, or vex
them.9
01
02
KEY
FEATURES
OF THE CODE
04
03
Feature 06
Additional prohibited acts: A total of 21 prohibited
acts were added to the Fisheries Code, such as
unregulated and unreported fishing. Existing
prohibited acts were also expanded or modified.
For example, illegal fishing now covers violations
of Regional Fisheries Management Organization
resolutions, and laws of other coastal states.1
Feature 08
Harsher penalties for violations: Fines could reach
up to P90 million for unreported fishing, for
example.11 Under RA 8550, penalties for
unauthorized fishing is fine up to P10,000 and
confiscation of catch and gears.1 Under the
amendments, the fine could reach up to P10
million,2 and the penalty now includes
imprisonment of 6 months and confiscation of
catch and gears.
Prohibited Acts
New Offenses
Engaging in Unauthorized Fishing
Activities
1.1. Exploiting or breeding fish, fry or fingerlings of fishery
products without a license, lease or permit
1.2. Constructing and operating fish corrals, fish traps, fish
pens and fish cages or fishponds without a license, lease or
permit
Prohibited Acts
New Offenses
Engaging in Distant Water Fishing
Without a Permit
2.2. Fishing in the high seas, in the territorial seas,
archipelagic waters, and Exclusive Economic Zones
of other states using a Philippine flagged fishing
vessel without a fishing permit from the DA and
authorization from the coastal state
Prohibited Acts
New Offenses
Unreported Fishing
Failure to comply with reportorial requirements
such as:
1. Record of Catch and Transmittal submitted any
time upon demand by an authorized fisheries
officer
2. Report on the Value and Spoilage of fish Caught
upon landing at the port
3. Misreporting fishing activities
ECOLOGICAL
SOLID WASTE
MANAGEMENT
ACT
RA 9003
OBJECTIVE:
The ecological solid waste management program of the (DENR-EMB) aims
to ensure the protection of public health and the environment through a
systematic, comprehensive and ecological waste management. The
program is also expected to assist Local Government Units in
implementing RA 9003 or the Ecological Solid Waste Management Act
particularly in the development of their 10-year Solid Waste Management
Plan, Establishment of Materials Recovery Facilities, and an
Environmentally Sound Disposal System. This program will contribute to
target 12.5 which aims to substantially reduce waste generation through
prevention, reduction, recycling and reuse.
Institutional Mechanism
The establishment of a National Solid Waste Management Commission
(NSWMC) and Solid Waste Management Board (SWMB) in each local
government unit (LGU) is mandated by RA 9003 to be represented by public
officials, in their ex- officio capacity, and the private sector. The
Commission shall serve as the coordinating body and likewise develop and
implement the National Solid Waste Management Framework.
The SWMB, on the other hand, is directed to formulate a 10-year local
Ecological Solid Waste Management Plans instituting an effective and
sustainable solid waste management plan with primary emphasis on
implementation of all feasible re-use, recycling and composting programs.
This is pursuant to relevant provisions under RA 7160 or the Local
Government Code.
Comprehensive Solid Waste Management
Waste Characterization and Segregation. The solid
waste generated within the area of jurisdiction shall
be characterized for initial source reduction and
recycling element of the local waste management
plan. A separate container is required for each type
of waste for on-site collection properly marked as
"compostable", "non-recyclable", "recyclable" or
"special waste".
Waste segregation shall primarily be conducted at
the source including household, commercial,
industrial and agricultural sources.
use, recycling and composting activities. The rate of waste diversion is set to increase every three (3) years.
Source Reduction. This refers to the methods by
which the LGs can reduce a sufficient amount of
solid waste disposed within five (5) ears. LGUs are
expected to divert at least 25% of all solid waste
from waste disposal facilities through reuse, recycling and composting activities. The rate of waste diversion is set to increase every three (3) years.use, recycling and composting activities. The rate of waste diversion is set to increase every three (3) years.
Collection and Transport of Solid Waste. The geographic
subdivisions are taken into account in the coverage of the solid
waste collection area in every barangay ensuring 100% collection
efficiency within 24 hours from all sources. The plan shall define
and identify specific strategies and activities taking into account
the availability and provision of properly designed containers in
selected collection points while awaiting collection and transfer,
segregation of different types of waste, hauling and transfer of
solid waste from collection points to final disposal sites, issuance
and enforcement ofordinances for effective implementation, and
provision of properly trained officers and workers. All personnel
directly
dealing with collection of solid waste must be equipped with personal protective gears for their protection.use, recycling and composting activities. The rate of waste diversion is set to increase every three (3) years.use, recycling and composting activities. The rate of waste diversion is set to increase every three (3) years.
Composting. The Department of Agriculture (DA)
shall publish an inventory of existing markets and
demands for composts that is updated annually.
These composts intended for commercial
distribution should conform to the standards set
by the DA for organic fertilizers.
dealing with collection of solid waste must be equipped with personal protective gears for their protection.use, recycling and composting activities. The rate of waste diversion is set to increase every three (3) years.use, recycling and composting activities. The rate of waste diversion is set to increase every three (3) years.
Penal Provisions
Chapter 6 provides a comprehensive list of prohibited acts including: (1) littering,
throwing, dumping of waste matters in public places; (2) undertaking activities in
violation of sanitation operation; (3) open burning of solid waste; (4) causing nonsegregated waste; (5) squatting in open dumps and landfills; (6) open dumping, burying
of biodegradable materials in flood-prone areas; (7) unauthorized removal of recyclable
material; (8) mixing of source-separated recyclable material with other solid waste;
(9) establishment or operation of open-dumps; (10) manufacturing, distributing, using,
and importing consumer products that are non-environmentally-friendly materials; (11)
importing toxic wastes misrepresented as recyclable" or "with recyclable content",
(12) transporting and dumping in bulk in areas other than facility centers; (13) site
preparation, construction, expansion or operation of waste management facilities
without an Environmental Compliance Certificate and not conforming with the land use
plan of LGUs; (14) construction of establishment within 200 meters fromdump sites
or sanitary landfills; and (15) operation of waste disposal facility on any aquifer,
groundwater reservoir or watershed Area.
watershed area.dealing with collection of solid waste must be equipped with personal protective gears for their protection.use, recycling and composting activities. The rate of waste diversion is set to increase every three (3) years.use, recycling and composting activities. The rate of waste diversion is set to increase every three (3) years.
Penal Provisions
(11) importing toxic wastes misrepresented as recyclable" or "with recyclable
content", (12) transporting and dumping in bulk in areas other than facility
centers; (13) site preparation, construction, expansion or operation of waste
management facilities without an Environmental Compliance Certificate and
not conforming with the land use plan of LGUs; (14) construction of
establishment within 200 meters fromdump sites or sanitary landfills; and
(15) operation of waste disposal facility on any aquifer, groundwater
reservoir or watershed Area.
watershed area.dealing with collection of solid waste must be equipped with personal protective gears for their protection.use, recycling and composting activities. The rate of waste diversion is set to increase every three (3) years.use, recycling and composting activities. The rate of waste diversion is set to increase every three (3) years.
CLEAN WATER ACT
RA 9725
Objective
aims to protect the country’s water bodies from
pollution from land-based sources (industries
and commercial establishments, agriculture and
community/household activities). It provides for
a comprehensive and integrated strategy to
prevent and minimize pollution through a multisectoral and participatory approach involving all
the stakeholders.
Water Quality Management
Management of water quality will either
be based on watershed, river basin or
water resources region. Water quality
management areas with similar
hydrological, hydrogeological,
meteorological or geographic conditions
that affect the reaction and diffusion of
pollutants in water bodies are to be
designated by the DENR in coordination
with the National Water Resources Board
(NWRB).
Management will be localized. Multisectoral governing boards will be
established to manage water quality
issues within their jurisdiction.
Governing Boards
Governing Boards shall be composed of
representatives of mayors and
governors as well as local government
units, representatives of relevant
national government agencies, duly
registered non-government
organizations, the concerned water
utility sector and the business sector
formulate strategies to
coordinate policies necessary for
the effective implementation of
this Act. They will create a multisectoral group to establish and
effect water quality surveillance
and monitoring.
How will discharges of wastewater be controlled?
1
All owners or operators of facilities that discharge wastewater are
required to get a permit to discharge from the DENR or the Laguna
Lake Development Authority. Existing industries without any permit
are given 12 months from the effectivity of the implementing rules
and regulations (IRR) promulgated pursuant to this Act to secure a
permit to discharge.
How will domestic wastewater be addressed
1
The Department of Public Works and Highways (DPWH), in coordination with
local government units will prepare a national program on sewage and septage
management not later than 12 months from effectivity of this Act. A priority
list will likewise be prepared which will be the basis for the allotment of funds
on an annual basis by the national government for the construction and
rehabilitation of required facilities.On the other hand, LGUs are to provide the
land including road right of the way for the construction of sewage and/or
septage treatment facilities and raise funds for the operations and
maintenance of said facilities.
How will domestic wastewater be addressed
2
The Department of Health (DOH) will formulate guidelines and standards for
the collection, treatment and disposal of sewage as well as the guidelines for
the establishment and operation of centralized sewage treatment system. The
MWSS and other agencies mandated to provide water supply and sewerage
facilities are required to connect existing sewage lines, subject to the payment
of sewerage service charges/fees within five years following effectivity of this
Act.
All sources of sewage and septage are required to comply with the law.
Prohibited acts under R.A. 9275
Discharging or depositing any water pollutant to the water body, or such which will
impede natural flow in the water body
Discharging, injecting or allowing to enter into the soil, anything that would pollute
groundwater
Operating facilities that discharge regulated water pollutants without the valid required
permits
Disposal of potentially infectious medical waste into sea by vessels
Unauthorized transport or dumping into waters of sewage sludge or solid waste.
Transport, dumping or discharge of prohibited chemicals, substances or pollutants listed
under Toxic Chemicals, Hazardous and Nuclear
Wastes Control Act (Republic.Act No. 6969)
Prohibited acts under R.A. 9275
Discharging regulated water pollutants without the valid required discharge
permit pursuant to this Act
Noncompliance of the LGU with the Water Quality Framework and Management
Area Action Plan
Refusal to allow entry, inspection and monitoring as well as access to reports
and records by the DENR in accordance with this Act
Refusal or failure to submit reports and/or designate pollution control officers
whenever required by the DENR in accordance with this Act
Prohibited acts under R.A. 9275
Directly using booster pumps in the distribution system or tampering with
the water supply in such a way to alter or impair the water quality
Operate facilities that discharge or allow to seep, willfully or through
grave negligence, prohibited chemicals, substances, or pollutantslisted
under R.A. No. 6969, into water bodies.
Undertake activities or development and expansion of projects, or
operating wastewater treatment/sewerage facilities in violation of
P.D.1586 and its IRR.
Clean Air
Act
RA 9725
Objectives
It provides for a comprehensive air
pollution control policy of the State that
focuses primarily on pollution prevention
rather than on control. It provides the
policy framework for the country’s air
quality management program. It seeks to
uphold the right of every Filipino to breathe
clean air by addressing air pollution from
mobile and stationary sources.
Focus primarily on pollution
prevention rather than on
control and provide for a
comprehensive management
program for air pollution;
Highlights
The law sets standards for ambient air
quality and identifies air pollutants
that need to be regulated. It
establishes the National Ambient Air
Quality Guideline Values (NAAQGVs)
and the Maximum Allowable Emission
Standards (MAES) for stationary and
mobile sources.
prescribes emission standards for specific
types of industries, vehicles, and other
sources of air pollution. These standards aim
to limit the release of pollutants into the air,
ensuring that emissions are within
acceptable levels to protect human health
and the environment.
establishes a comprehensive air quality monitoring and management system.
It requires the establishment of ambient air quality monitoring stations,
emission inventories, and a National Air Quality Status Report. This data is
crucial for assessing compliance with air quality standards and formulating
effective air quality management strategies.
emphasizes the importance of public awareness and participation in
addressing air pollution. It mandates the government to conduct information
and education campaigns to increase public understanding of the causes and
effects of air pollution, as well as the measures individuals can take to
contribute to cleaner air.
The Clean Air Act encourages research and development activities related to
air pollution control technologies and strategies. It promotes the adoption of
cleaner and more sustainable practices across various sectors.
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.