Legislations and Regulations Related to Environmental Management

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Legislations and

Regulations Related toEnvironmental

Management

Table of Contents



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1. ENVIRONMENTAL IMPACT ASSESSMENT

a. Presidential Decree 1586 (Philippine Environmental Impact

Statement

System)«««««.««««««««««««...4

2. AIR QUALITY MANAGEMENT

a. Republic Act 8749 (Philippine Clean Air Act of 1999)«.«.««...7

3. PROJECTED AREAS MANAGEMENT

a. Republic Act 7586 ( National Integr ated Protected Areas

System ( NIPAS) Act of 1992«««««««««««««.....36

b. Presidential Decree 705 (Philippine Forestry Reform

Code)«««45

4. WATER QUALITY MANAGEMENT

a. Republic Act 9275 (Philippine Clean Water Act of

2004)««««.80 b. Presidential Decree 1067 (Water Code of the

Philippines)«««...90

5. HAZAR DOUS SUBSTANCES & WASTES MANAGEMENT

a. Republic Act 6969 (Toxic Substances and Hazardous & Nuclear Wastes

Act)««««««««««««««««.108

6. SOLID WASTES MANAGEMENT

a. Republic Act 9003 (Philippine Ecological Solid Waste

Management Act)«««««««««««««««««117



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Environmental Impact Assessment

Presidential Decree (PD) 1586: Philippine Environmental Impact

Statement System (PEIS)

The law that requires that all agencies and instrumentalities of the

national government including government owned and controlled

corpor ations as well as private corpor ations, firms and entities

must prepare an environmental impact statement for every proposed project and undertak ing which significantly affect the

quality of the environment.



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PRESIDENTIAL DECREE No. 1586

ESTABLISHING AN ENVIRONMENTAL IMPACT STATEMENT SYSTEM,

INCLUDING OTHER ENVIRONMENTAL MANAGEMENT RELATED MEASURES

AND FOR OTHER PURPOSES

WHEREAS, the pursuit of a comprehensive and integr ated environment protection progr am

necessitates the esta blishment and institutionalization of a system whereby the exigencies of socio-economic undertak ings can be reconciled with the requirements of environmental quality;

WHEREAS, the regulatory requirements of environmental Impact Statements and Assessments

instituted in pursuit of this national environmental protection progr am have to be wor k ed into their full regulatory and procedur al details in a manner consistent with the goals of the progr am.

NOW, THEREFORE, I, FER DINAND E. MARCOS, President of the Philippines, by virtue of

the powers vested in me by the Constitution do hereby order and declare:

Section 1. Policy. It is hereby declared the policy of the State to attain and maintain a r ational

and order ly balance between socio-economic growth and environmental protection.

Section 2. Environmental I mpact S tatement System. There is hereby esta blished 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

corpor ations, as well as private corpor ations, firms and entities, for every proposed project and undertak ing which significantly affect the quality of the environment.

Section 3. Deter minat ion of Lead Ag ency. The Minister of Human Settlements or his designated

representative is hereby authorized to name the lead agencies referred to in Section 4 of Presidential Decree No. 1151 which shall have jurisdiction to undertak e the prepar ation of the

necessary environmental impact statements on declared environmentally critical projects and areas. All Environmental Impact Statements shall be submitted to the National Environmental

Protection Council for review and evaluation.

Section 4. Pr e sident ial Procl amat ion of Environmentally Crit ical Ar ea s and Project s. The

President of the Philippines may, on his own initiative or upon recommendation of the NationalEnvironmental Protection Council, by proclamation declare certain projects, undertak ings or

areas in the country as environmentally critical. No person, partnership or corpor ation shallundertak e or oper ate 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, corpor ations or instrumentalities including the re-alignment of government personnel, and their specific

functions and responsibilities.



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For the same purpose as a bove, the Ministry of Human Settlements shall: (a) prepare the proper land or water use pattern for said critical project(s) or area (s); ( b) esta blish ambient environmental quality standards; (c) develop a progr am of environmental enhancement or

protective measures against calamituous f actors such as earthquak e, f loods, 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-Crit ical Project s. All other projects, undertak ings 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 EnvironmentalProtection Council, thru the Ministry of Human Settlements may however require non-critical

projects and undertak ings to provide additional environmental safeguards as it may deem necessary.

Section 6. S ecr etariat . The National Environmental Protection Council is hereby authorized to

constitute the necessary secretariat which will administer the Environmental Impact Statement System and undertak e the processing and evaluation of environmental impact statements.

Section 7. M

ana g ement and Financial Assistance. The Ministry of Human Settlements is hereby authorized to provide management and financial support to government offices and

instrumentalities placed under its supervision pursuant to this Decree financed from its existing a ppropriation or from budgetary augmentation as the Minister of Human Settlements may deem

necessary.

Section 8. Rul e s and Re g ul at ion s. The National Environmental Protection Council shall issue the necessary rules and regulations to implement this Decree. For this purpose, the National

Pollution Control Commission may be availed of as one of its implementing arms, consistent with the powers and responsibilities of the National Pollution Control Commission as provided

in P.D. No. 984.

Section 9. P enal t y for Viol at ion. Any person, corpor ation 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 EnvironmentalProtection Council pursuant to this Decree shall be punished by the suspension or cancellation of

his/its certificate or and/or a fine in an amount not to exceed Fifty Thousand Pesos (P50,000.00) for every violation thereof, at the discretion of the National Environmental Protection Council.

Section 10. Environmental Revol vin g F und . Proceeds from the penalties prescribed in the preceding Section 9 and other penalties imposed by the National Pollution Control Commission

as authorized in P.D. 984, shall be automatically a ppropriated into an Environment Revolving

Fund hereby created as an exemption to P.D. 711 and P.D. 1234. The fund shall be used exclusively for the oper ation of the National Environmental Protection Council and the NationalPollution Control Commission in the implementation of this Decree. The rules and regulations

for the utilization of this fund shall be formulated by the Ministry of Human Settlements and submitted to the President for a pproval.

Section 11. Repealin g Cl au se. The Inter-Agency Advisory Council of the National Pollution

Control Commission created under Section 4 of P.D. 984 is hereby a bolished and its powers and



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responsibilities are forthwith delegated and tr ansferred to the Control of the NationalEnvironmental Protection Council.

All other laws, decrees, executive orders, rules and regulations inconsistent herewith are hereby repealed, amended or modified accordingly.

Section 12. E ff ect ivit y Cl au se. This Decree shall tak e effect immediately.

DONE in the City of Manila, this 11th day of June, in the year of Our Lord, nineteen hundred and seventy-eight.

Air Quality Management

Republic Act (RA) 8749: Philippine Clean Air Act (PCAA) of

1999

The law that provides a comprehensive air pollution control policy.

Specifically, this legislative intends to a pply air quality management in all sources in order to implement a batement and

control of air pollution.



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Republic Act No. 8749 June 23, 1999

AN ACT PROVIDING FOR A COMPREHENSIVE AIR POLLUTION CONTROL

POLICY AND FOR OTHER PURPOSES

Be it enacted by the S enate and Hou se of Repr e sentat ive s of the P hili ppine s in Con gr e ssa ssembl ed::

Chapter 1

General Provisions

Article One Basic Air Quality Policies

Section 1. Short Title. - This Act shall be k nown as the " P hilippine Clean Air Act of 1999."

Section 2. Declaration of P rinciples. - The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature.

The State shall promote and protect the global environment to attain sustaina ble development

while recognizing the primary responsibility of local government units to deal with environmental problems.

The State recognizes that the responsibility of cleaning the ha bitat and environment is primarily

area-based.

The State also recognizes the principle that " polluters must pay".

Finally, the State recognizes that a clean and healthy environment is for the good of all and

should, therefore, be the concern of all.

Section 3. Declaration of P olicies. - The State shall pursue a policy of balancing development and environmental protection. To achieve this end, the fr ame wor k for sustaina ble development

shall be pursued. It shall be the policy of the State to:



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(a) Formulate a holistic national progr am of air pollution management that shall be implemented by the government through proper delegation and effective coordination of functions and activities;

( b) Encour age cooper ation and self-regulation among citizens and industries through the

a pplication of mar k et-based instruments;

(c) Focus primarily on pollution prevention r ather than on control and provide for acomprehensive management progr am for air pollution;

(d) Promote public information and education and to encour age the participation of an informed and active public in air quality planning and monitoring; and

(e) Formulate and enforce a system of accounta bility for short and long-term adverse

environmental impact of a project, progr am or activity. This shall include the setting up of a funding or guar antee mechanism for clean-up and environmental reha bilitation and

compensation for personal damages.

Section 4. Recognition of Rig hts. - Pursuant to the a bove-declared principles, the following rights of citizens are hereby sought to be recognized and the State shall seek to guar antee their

enjoyment:

(a) The right to breathe clean air;

( b) The right to utilize and enjoy all natur al resources according to the principles of

sustaina ble development;

(c) The right to participate in the formulation, planning, implementation and monitoring of environmental policies and progr ams and in the decision-mak ing process;

(d) The right to participate in the decision-mak ing process concerning development policies, plans and progr ams 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, undertak ing or project and to be served timely notice of any significant rise in

the level of pollution and the accidental or deliber ate release into the atmosphere of harmful or hazardous substances;

(f) The right of access to public records which a citizen may need to exercise his or her

rights effectively under this Act;

(g) The right to bring action in court or quasi-judicial bodies to enjoin all activities in

violation of environmental laws and regulations, to compel the reha bilitation and cleanup of affected area, and to seek the imposition of penal sanctions against violators of

environmental laws; and

(h) The right to bring action in court for compensation of personal damages resulting from the adverse environmental and public health impact of a project or activity.



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Article Two Definition of Terms

Section 5. Definitions. - As used in this Act:

a) " Air poll utant " means any matter found in the atmosphere other than oxygen, nitrogen, water va por, carbon dioxide, and the inert gases in their natur al or normal concentr ations,

that is detrimental to health or the environment, which includes but not limited to smok e, dust, soot, cinders, f ly ash, solid particles of any k ind, gases, fumes, chemical mists,

steam and r adio-active substances;

b) " Air poll ut ion" means any alter ation 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 lik ely to create or to render the air resources of the country

harmful, detrimental, or injurious to public health, safety or welf are or which willadversely affect their utilization for domestic, commercial, industrial, agricultur al,

recreational, or other legitimate purposes;

c) " Ambient air qualit y g

uideline val

ue s" mean the concentr ation of air over specified periods classified as short-term and long-termwhich are intended to serve as goals or

objectives for the protection of health and/or public welf are. These values shall be used for air quality management purposes such as determining time trends, evaluating stages

of deterior ation or enhancement of the air quality, and in gener al, used as basis for tak ing positive action in preventing, controlling, or a bating air pollution;

d) " Ambient air qualit y" means the gener al amount of pollution present in a broad area;

and refers to the atmosphere's aver age purity as distinguished from discharge measurements tak en at the source of pollution;

e) "C er t ificate of Con for mit y" means a certificate issued by the Department of Environment and Natur al Resources to a vehicle manuf acturer/assembler or importer

certifying that a particular new vehicle or vehicle type meets the requirements provided under this Act and its rules and regulations;

f) " Depar tment " means the Department of Environment and Natur al Resources;

g) " E co-profil e" means the geogr a phic-based instrument for planners and decision-

mak ers which present an evaluation of the environmental quality and carrying ca pacity of an area. It is the result of the integr ation of primary and secondary data and information

on natur al resources and anthropogenic activities on the land which are evaluated by

various environmental risk assessment and forecasting methodologies that ena ble the Department to anticipate the type of development control necessary in the planning area;

h) " Emission" means any air contaminant, pollutant, gas stream or unwanted sound from

a k nown source which is passed into the atmosphere;

i) "Gr eenhou se g a se s" mean those gases that can potentially or can reasona bly be expected to induce global warming, which include carbon dioxide, methane, oxides of

nitrogen, chlorof luorocarbons, and the lik e;



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j) " H azar d ou s substance s" mean those substances which present either : (1) short-term acute hazards such as acute toxicity by ingestion, inhalation, or sk in a bsorption, corrosivity or other sk in or eye contact hazard or the risk of fire explosion; or (2)

longterm toxicity upon repeated exposure, carcinogenicity (which in some cases result in acute exposure but with a long latent period), resistance to detoxification process such as

biodegr adation, the potential to pollute underground or surf ace waters;

k ) " I n f ect iou s wa ste" means that portion of medical waste that could tr ansmit an infectious disease;

l) " M ed ical wa ste" means the materials gener ated as a result of patient diagnosis,

treatment, or immunization of human beings or animals;

m) " M obil e source" means any vehicle propelled by or through combustion of carbon-

based or other fuel, constructed and oper ated principally for the conveyance of persons or the tr ansportation of property goods;

n) " M ot or vehicl e" means any vehicle propelled by a gasoline or diesel engine or by any

means other than human or animal power, constructed and oper ated principally for the conveyance of persons or the tr ansportation of property or goods in a public highway or

street open to public use;

o) " Munici pal wa ste" means the waste materials gener ated from communities within aspecific locality;

p) " N ew vehicl e" means a vehicle constructed entirely from new parts that has never been sold or registered with the DOTC or with the a ppropriate agency or authority, and

oper ated on the highways of the Philippines, any foreign state or country;

q) "Octane Rat in g or the Ant i-Knock I ndex( A K I)" means the r ating of the anti-k nock char acteristics of a gr ade or type of automotive gasoline as determined by dividing by

two (2) the sum of the Research Octane Number (RON), plus the Motor Octane Number (MON); the octane requirement, with respect to automotive gasoline for use in a motor

vehicle or a class thereof, whether imported, manuf actured, or assembled by amanuf acturer, shall refer to the minimum octane r ating of such automotive gasoline

which such manuf acturer recommends for the efficient oper ation of such motor vehicle, or a substantial portion of such class, without k nock ing;

r) "Ozone Depl et in g S ubstance s (ODS)" means those substances that significantly deplete

or other wise modify the ozone layer in a manner that is lik ely to result in adverse effects

of human health and the environment such as, but not limited to, chlorof lourocarbons, halons and the lik e;

s) " P ersistent Org anic Poll utant s (POPs)" means the organic compounds that persist in

the environment, bioaccumulate through the food web, and pose a risk of causing adverse effects to human health and the environment. These compounds resist photolytic,

chemical and biological degr adation, which shall include but not be limited to dioxin, fur an, Polychlorinated Biphenyls (PCBs), organochlorine pesticides, such as aldrin,

dieldrin, DDT, hexachlorobenzene, lindane, toxa phere and chlordane;



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t) " Poisonou s and t o xic f ume s" means any emissions and fumes which are beyond internationally - accepted standards, including but not limited to the Wor ld Health Organization (WHO) guideline values;

u) " Poll ut ion cont rol device" means any device or a ppar atus used to prevent, control or

a bate the pollution of air caused by emissions from identified pollution sources at levels within the air pollution control standards esta blished by the Department;

v) " Poll ut ion cont rol technology" means the pollution control devices, production

process, fuel combustion processes or other means that effectively prevent or reduce emissions or eff luent;

w) "S tandar d of perfor mance" means a standard for emissions of air pollutant which ref lects the degree of emission limitation achieva ble through the a pplication of the best

system of emission reduction, tak ing into account the cost of achieving such reduction and any non-air quality health and environmental impact and energy requirement which

the Department determines, and adequately demonstr ates; and

x) "S tat ionary source" means any building or immobile structure, f acility or installation which emits or may emit any air pollutant.

Chapter 2

Air Quality Management System

Article One

General Provisions

Section 6. Air Quality Monitoring and Information Network . - The Department shall prepare an annual National Air Quality Status Report which shall be used as the basis in formulating the

Integr ated Air Quality Improvement Fr amewor k , as provided for in Sec. 7. The said report shallinclude, but shall not be limited to the following:

a) Extent of pollution in the country, per type of pollutant and per type of source, based

on reports of the Department¶s monitoring stations;

b) Analysis and evaluation of the current state, trends and projections of air pollution at

the various levels provided herein;

c) Identification of critical areas, activities, or projects which will need closer monitoring or regulation;

d) Recommendations for necessary executive and legislative action; and

e) Other pertinent qualitative and quantitative information concerning the extent of air pollution and the air quality performance r ating of industries in the country.

The Department, in cooper ation with the National Statistical Coordination Board ( NSCB), shall

design and develop an information networ k for data stor age, retrieval and exchange.



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The Department shall serve as the centr al depository of all data and information related to air quality.

Section 7. Integrated Air Quality Improvement Framework . - The Department shall within six (6) months after the effectivity of this Act, esta blish, with the participation of LGUs, NGOs,

POs, the academe and other concerned entities from the private sector, formulate and implement the Integr ated Air Quality Improvement Fr amewor k for a comprehensive air pollution

management and control progr am. The fr amewor k shall, among others, prescribe the emission reduction goals using permissible standards, control str ategies and control measures to

undertak en within a specified time period, including cost-effective use of economic incentives, management str ategies, collective actions, and environmental education and information.

The Integr ated Air Quality Improvement Fr amewor k shall be adopted as the official blueprint

with which all government agencies must comply with to attain and maintain ambient air quality standards.

Section 8. Air Quality Control Action P lan. - Within six (6) months after the formulation of the fr amewor k , the Department shall, with public participation, formulate and implement an air

quality control action plan consistent with Sec. 7 of this Act. The action plan shall:

a) Include enforcea ble emission limitations and other control measures, means or techniques, as well as schedules and time ta bles for compliance, as may be necessary or

a ppropriate to meet the a pplica ble requirements of this Act;

b) Provide for the esta blishment and oper ation of a ppropriate devices, methods, systems and procedures necessary to monitor, compile and analyze data on ambient air quality;

c) Include a progr am to provide for the following: (1) enforcement of the measures described in subpar agr a ph [a]; (2) regulation of the modification and construction of any

stationary source within the areas covered by the plan, in accordance with land use policy to ensure that ambient air quality standards are achieved;

d) Contain adequate provisions, consistent with the provisions of this Act, prohibiting any

source or other types of emissions activity within the country from emitting any air pollutant in amounts which will significantly contribute to the non-attainment or will

interfere with the maintenance by the Department of any such ambient air quality standard required to be included in the implementation plan to prevent significant

deterior ation of air quality or to protect visibility;

e) Include control str ategies and control measures to be undertak en within a specified

time period, including cost effective use of economic incentives, management str ategies, collection action and environmental education and information;

f) Designate airsheds; and

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



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The adoption of the plan shall clarify the legal effects on the financial, manpower and budgetary resources of the affected government agencies, and on the alignment of their progr ams with the plans.

In addition to direct regulations, the plan shall be char acterized by a participatory a pproach to the

pollution problem. The involvement of private entities in the monitoring and testing of emissions from mobile and/or stationary sources shall be considered.

Lik ewise, the LGU¶s, with the assistance from the Department, shall prepare and develop an

action plan consistent with the Integr ated Air Quality Improvement Fr amewor k to attain and maintain the ambient air quality standards within their respective airsheds as provided in Sec. 9

hereof .

The local government units shall develop and submit to the Department a procedure for carrying

out the action plan for their jurisdiction. The Department, however, shall maintain its authority to independently inspect the enforcement procedure adopted. The Department shall have the power

to closely supervise all or parts of the air quality action plan until such time the local government unit concerned can assume the function to enforce the standards set by the Department.

A multi-sector al monitoring team with broad public representation shall be convened by the

Department for each LGU to conduct periodic inspections of air pollution sources to assess compliance with emission limitations contained in their permits.

Section 9. Airsheds. - Pursuant to Sec. 8 of this Act, the designation of airsheds shall be on the

basis of, but not limited to, areas with similar climate, meteorology and topology which affect the interchange and diffusion of pollutants in the atmosphere, or areas which share common

interest or f ace similar development progr ams, prospects or problems.

For a more effective air quality management, a system of planning and coordination shall be

esta blished and a common action plan shall be formulated for each airshed.

To effectively carry out the formulated action plans, a Governing Board is hereby created, hereinafter referred to as the Board.

The Board shall be headed by the Secretary of the Department of Environment and Natur al

Resources as chairman. The members shall be as follows:

a) Provincial Governors from areas belonging to the airshed;

b) City/Municipal Mayors from areas belonging to the airshed;

c) A representative from each concerned government agency;

d) Representatives from people¶s organizations;

e) Representatives from non-government organizations; and

f) Representatives from the private sector .



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The Board shall perform the following functions:

a) Formulation of policies;

b) Prepar ation of a common action plan;

c) Coordination of functions among its members; and

d) Submission and publication of an annual Air Quality Status Report for each airshed.

U pon consultation with a ppropriate local government authorities, the Department shall, from time to time, revise the designation of airsheds utilizing eco-profiling techniques and undertak ing

scientific studies.

Emissions tr ading may be allowed among pollution sources within an airshed.

Section 10. Management of Non-attainment Areas. - The Department shall designate areas

where specific pollutants have already exceeded ambient standards as non-attainment areas. The

Department shall prepare and implement a progr am that will prohibit new sources of exceeded air pollutant without a corresponding reduction in existing resources.

In coordination with other a ppropriate government agencies, the LGUs shall prepare and implement a progr am and other measures including relocation, whenever necessary, to protect

the health and welf are of residents in the area.

For those designated as nonattainment areas, the Department, after consultation with local

government authorities, nongovernment organizations ( NGOs), people¶s organizations (POs) and concerned sectors may revise the designation of such areas and expand its cover age to cover

larger areas depending on the condition of the areas.

Section 11. Air Quality Control Techniques. - Simultaneous with the issuance of the guideline values and standards, the Department, through the research and development progr am contained

in this Act and upon consultation with a ppropriate advisory committees, government agencies and LGUs, shall issue, and from time to time, revise information on air pollution control

techniques. Such information shall include:

(a) Best availa ble technology and alternative methods of prevention, management and control of air pollution;

( b) Best availa ble technology economically achieva ble which shall refer to the

technological basis/standards for emission limits a pplica ble to existing, direct industrialemitters of nonconventional and toxic pollutants; and

(c) Alternative fuels, processes and oper ating methods which will result in the eliminator or significant reduction of emissions.

Such information may also include data relating to the cost of installation and oper ation, energy

requirements, emission reduction benefits, and environmental impact or the emission controltechnology.



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The issuance of air quality guideline values, standards and information on air quality controltechniques shall be made availa ble to the gener al public: Provided, That the issuance of information on air quality control techniques shall not be construed as requiring the purchase of

certain pollution control devices by the public.

Section 12. Ambient Air Quality Guideline Values and S tandards. - The Department, in coordination with other concerned agencies, shall review and or revise and publish annually a list

of hazardous air pollutants with corresponding ambient guideline values and/or standard necessary to protect health and safety, and gener al welf are. The initial list and values of the

hazardous air pollutants shall be as follows:

(a) For National Ambient Air Quality Guideline for Criteria Pollutants:

Short Term a Long Term

b

Pollutants µg/Ncm ppm Aver aging Time

µg/Ncm ppm Aver agingTime

Suspended Particulate

Matter c -TSP 230d 24 hours 90 ---- 1 year e

-PM-10 150f 24 hours 60 ---- 1 year e

Sulfur Dioxidec

180 0.07 24 hours 80 0.03 1 year

Nitrogen Dioxide 150 0.08 24 hours ---- ---- ----

PhotochemicalOxidants

140 0.07 1 hour ---- ---- ----

As Ozone 60 0.03 8 hours ---- ---- ----

Carbon Monoxide 35 mg/Ncm 30 1 hour ---- ---- ---- 10 mg/Ncm 9 8 hours ---- ---- ----

Leadg

1.5 ---- 3 monthsg

1.0 ---- 1 year

a Maximum limits represented by ninety-eight percentile (98%) values not

to be exceed more than once a year .

b Arithmetic mean

c SO2 and Suspended Particulate matter are sampled once every six days

when using the manual methods. A minimum of twelve sampling days per quarter of forty-eight sampling days each year is required for these

methods. Daily sampling may be done in the future once continuous analyzers are procured and become availa ble.

d Limits for Total Suspended Particulate Matter with mass median

diameter less than 25-50 um.

e Annual Geometric Mean



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f Provisional limits for Suspended Particulate Matter with mass median diameter less than 10 microns and below until sufficient monitoring dataare gathered to base a proper guideline.

g Evaluation of this guideline is carried out for 24-hour aver aging time and

aver aged over three moving calendar months. The monitored aver age value for any three months shall not exceed the guideline value.

( b) For National Ambient Air Quality Standards for Source Specific Air Pollutants from

Industrial Sources/Oper ations:

Pollutants1 Concentr ation

2 Aver aging

time (min.) Method of Analysis/ Measurement

3

µ/Ncm ppm

1. Ammonia 200 0.28 30 Nesselerization/ Indo Phenol

2. Carbon Disulfide

30 0.01 30 Tischer Method

3. Chlorine and Chlorine

Compounds expressed as Cl

2

100 0.03 5 Methyl Or ange

4. Formaldehyde 50 0.04 30 Chromotropic acid Method or MBTH Colorimetric

Method

5. Hydrogen Chloride

200100 0.13 30 Volhard Titr ation with Iodine Solution

6. Hydrogen Sulfide

0.07 30 Methylene Blue

7. Lead 20 30 AASc

8. Nitrogen

Dioxide

375,260 0.20,0.14 30,60 Greiss- Saltzman

9. Phenol 100 0.03 30 4-Aminoantiphyrine

10. Sulfur

Dioxide

470,

340

0.18,

0.13

30,60 Colorimetric-Par arosaniline

11. Suspended

Particulate

300 ---- 60 Gr avimetric



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Matter-TSP

1 Pertinent ambient standards for Antimony, Arsenic, Cadmium, Asbestos,

Nitric Acid and Sulfuric Acid Mists in the 1978 NPCC Rules and

Regulations may be considered as guides in determining compliance.

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Ninety-eight percentile (98%) values of 30-minute sampling measured at 250C and one atmosphere pressure.

3 Other equivalent methods a pproved by the Department may be used.

The basis in setting up the ambient air quality guideline values and standards shall ref lect, among others, the latest scientific k nowledge including information on:

a) Varia ble, including atmospheric conditions, which of themselves or in combination

with other f actors may alter the effects on public health or welf are of such air pollutant;

b) The other types of air pollutants which may inter act with such pollutant to produce an adverse effect on public health or welf are; and

c) The k ind and extent of all identifia ble effects on public health or welf are which may be expected from presence of such pollutant in the ambient air, in varying quantities.

The Department shall base such ambient air quality standards on Wor ld Health Organization

(WHO) standards, but shall not be limited to nor be less stringent than such standards.

Section 13. Emission C harge S ystem. - The Department, in case of industrial dischargers, and the Department of Tr ansportation and Communication (DOTC), in case of motor vehicle

dischargers, shall, based on environmental techniques, design, impose on and collect regular emission fees from said dischargers as part of the emission permitting system or vehicle

registr ation renewal system, as the case may be. The system shall encour age the industries and motor vehicles to a bate, reduce, or prevent pollution. The basis of the fees include, but is not

limited to, the volume and toxicity of any emitted pollutant. Industries, which shall install pollution control devices or retrofit their existing f acilities with mechanisms that reduce pollution

shall be entitled to tax incentives such as but not limited total credits and/or acceler ated depreciation deductions.

Section 14. Air Quality Management Fund . - An Air Quality Management Fund to be administered by the Department as a special account in the National Treasury is hereby

esta blished to finance containment, removal, and clean-up oper ations of the Government in air pollution cases, guar antee restor ation of ecosystems and reha bilitate areas affected by the acts of

violators of this Act, to support research, enforcement and monitoring activities and ca pa bilities of the relevant agencies, as well as to provide technical assistance to the relevant agencies. Such

fund may lik ewise be allocated per airshed for the undertak ings herein stated.

The Fund shall be sourced from the fines imposed and damages awarded to the Republic of the Philippines by the Pollution Adjudication Board (PAB), proceeds of licenses and permits issued

by the Department under this Act, emission fees and from donations, endowments and gr ants in



18

the forms of contributions. Contributions to the Fund shall be exempted from donor taxes and allother taxes, charges or fees imposed by the Government.

Section 15. Air P ollution Research and Development P rogram. - The Department, in coordination with the Department of Science and Technology (DOST), other agencies, the

private sector, the academe, NGO¶s and PO¶s, shall esta blish a National Research and Development Progr am for the prevention and control of air pollution. The Department shall give

special emphasis to research on and the development of improved methods having industry-wide a pplication for the prevention and control of air pollution.

Such a research and development progr am shall develop air quality guideline values and

standards in addition to internationally-accepted standards. It shall also consider the socio-cultur al, political and economic implications of air quality management and pollution control.

Article Two Air Pollution Clearances and Permits for Stationary Sources

Section 16. P ermits. - 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 a batement of air pollution.

Said permits shall cover emission limitations for the regulated air pollutants to hel p 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.

Section 17. Emission Quotas. - The Department may allow each regional industrial center that is designated as special airshed to allocate emission quotas to pollution sources within its

jurisdiction that qualify under an environmental impact assessment system progr ammatic compliance progr am pursuant to the implementing rules and regulations of Presidential Decree

No. 1586.

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 shallrequire progr am and project proponents to put up financial guar antee mechanisms to finance the

needs for emergency response, clean-up reha bilitation of areas that may be damaged during the progr am or project¶s actual implementation. Lia bility for damages shall continue even after the

termination of a progr am or project, where such damages are clear ly attributa ble to that progr am or project and for a definite period to be determined by the Department and incorpor ated into the

environmental compliance certificate.

Financial lia bility instruments may be in the form a trust fund, environmental insur ance, surety bonds, letters of credit, as well as self-insur ance. The choice of the guar antee instruments shallfurnish the Department with evidence of availment of such instruments.

Article Three

Pollution from Stationary Sources



19

Section 19. P ollution From S tationary S ources. - The Department shall, within two (2) years from the effectivity of this Act, and every two (2) years thereafter, review, or as the need therefore arises, revise and publish emission standards, to further improve the emission standards

for stationary sources of air pollution. Such emission standards shall be based on mass r ate of emission for all stationary source of air pollution based on internationally accepted standards, but

not be limited to, nor be less stringent than such standards and with the standards set forth in this section. The standards, whichever is a pplica ble, shall be the limit on the accepta ble level of

pollutants emitted from a stationary source for the protection of the public¶s health and welf are.

With respect to any tr ade, industry, process and fuel-burning equipment or industrial plant emitting air pollutants, the concentr ation at the point of emission shall not exceed the following

limits:

Pollutants Standard Applica ble to Source

Maximum Permissible

Limits (mg/Ncm)

Method of Analysisa

1. Antimony and Its compounds

Any source 10 as Sb AAS b

2. Arsenic and its

compounds

Any source 10 as As AAS b

3. Cadmium and its

compounds

Any source 10 as Cd AAS b

4. Carbon Monoxide Any industrial Source 500 as CO Orsat analysis

5. Copper and its Compounds

Any industrial source 100 ax Cu AAS b

6. Hydrof luoric Acids and Fluoride

compounds

Any source other than the manuf acture of Aluminum

from Alumina

50 as HF Titr ation with Ammonium

Thiocyanate

7. Hydrogen Sulfide i) Geothermal Power Plants ii) Geothermal Explor ation

and well-testing iii) Any source other than (i)

and (ii)

c.d e

7 as H2S

Cadmium Sulfide Method

Cadmium Sulfide

Method

8. Lead Any tr ade, industry or

process

10 as Pb AASb

9. Mercury Any Source 5 as elemental

Hg

AASb/Cold-Va por

Technique or Hg Analyzer



20

10. Nick el and its

compounds, except Nick el Carbonyl

f

Any source 20 as Ni AAS b

11. NOx i) Manuf acture of Nitric

Acid

2,000 as acid

and NOx and calculated as

NO2

Phenol-disulfonic acid

Method

ii) Fuel burning steam

gener ators Existing Source New Source

Coal-Fired Oil-Fired

iii) Any source other than (i) adn (ii)

Existing Source New Source

1,500 as NO2

1,000 as NO2 500 as NO2

1000 as NO2 500 as NO2

Phenol-disulfonic acid

Method

Phenol-disulfonic acid Method

12. Phosphorus Pentoxideg

Any source 200 as P2O5 Spectrophotometry

13. Zinc and its Compounds

Any source 100 as Zn AAS b

a Other equivalent methods a pproved by the Department may be used.

b Atomic Absorption Spectrophometry

c All new geothermal power plants starting construction by 01 January 1995 shallcontrol HsS emissions to not more than 150g/GMW-Hr

d All existing geothermal power plants shall control HsS emissions to not more

than 200g/GMW-Hr . within 5 years from the date of efectivity of these revised regulations.

e Best pr actica ble control technology for air emissions and liquid discharges.Compliance with air and water quality standards is required.

f Emission limit of Nick el Carbonyl shall not exceed 0.5 mg/Ncm.

g Provisional Guideline

Provided , That the maximum limits in mg/ncm particulates in said sources shall be:

1. Fuel Burning Equipment



21

a) Urban or Industrial Area 150 mg/Ncm

b) Other Area 200 mg/Ncm

2. Cement Plants (K ilns, etc.) 150 mg/Ncm

3. Smelting Furnaces 150 mg/Ncm

4. Other Stationary Sourcesa

200 mg/Ncm

a Other Stationary Sources means a tr ade, process, industrial plant, or fuel burning

equipment other than thermal power plants, industrial boilers, cement plants,

inciner ators and smelting furnaces.

Provided, F ur ther , That the maximum limits for sulfur oxides in said sources shall be:

(1) Existing Sources

(i) Manuf acture of Sulfuric Acid and Sulf (on)ation Process

2.0gm. Ncm as SO3

(ii) Fuel burning Equipment 1.5gm. Ncm as SO2

(iii) Other Stationary Sourcesa 1.0gm. Ncm as SO3

(2) New Sources

(i) Manuf acture of Sulfuric Acid and Sulf (on)ation Process

1.5 gm. Ncm as SO3

(ii) Fuel Burning Equipment 0.7 gm. Ncm as SO2

(iii) Other Stationary Sourcesa

0.2 gm. Ncm as SO3

a Other Stationary Sources refer to existing and new stationary sources other than

those caused by the manuf acture of sulfuric acid and sulfonation process, fuel burning equipment and inciner ation.

For stationary sources of pollution not specifically included in the immediately preceding

par agr a ph, the following emission standards shall not be exceeded in the exhaust gas:

I. Daily And Half Hour ly Aver age Values

Daily Aver age

Values

Half Hour ly Aver age

Values

Total dust 10 mg/m3

30 mg/m3



22

Gaseous and va porous organic substances, expressed as total organic carbon

Hydrogen chloride (HCl) Hydrogen f luoride (HF)

Sulfur dioxide (SO2)

10 mg/m3

10 mg/m3 1 mg/m

3

50 mg/m3

20 mg/m3

60 mg/m3 4 mg/m

3

200 mg/m3

Nitrogen monoxide ( NO) and Nitrogen dioxide ( NO2), expressed as nitrogen

dioxide for inciner ation plants with aca pacity exceeding 3 tonnes per hour 200 mg/m3 400 mg/m3

Nitrogen monoxide ( NO) and nitrogen dioxide ( NO2), expressed as nitrogen

dioxide for inciner ation plants with aca pacity of 3 tonnes per hour or less 300 mg/m

3

Ammonia 10 mg/m3

20 mg/m3

II. All the Aver age Values Over the Sample Period of a Minimum of 4 and Maximum of

8 Hours.

Cadmium and its compounds, expressed as cadmium (Cd) total 0.05mg/m

3 Thallium and its compounds, expressed as thallium (Tl)

Mercury and its Compounds, expressed as mercury (Hg) 0.05 mg/m3

Antimony and its compounds, expressed as antimony (Sb)

Arsenic and its compounds, expressed as arsenic (As)

total 0.5mg/m

3

Lead and its compounds, expressed as lead ( Pb)

Chromium and its compounds, expressed as chromium (Cr)

Cobalt and its compounds, expressed as cobalt (Co)

Copper and its compounds, expressed as copper (Cu)

Manganese and its compounds, expressed as manganese (Mn)

Nick el and its compounds, expressed as nick el ( Ni)

Vanadium and its compounds, expressed as vanadium (V)

Tin and its compounds, expressed as tin (Sn)

These aver age values cover also gaseous and the va por forms of the relevant heavy metalemission as well as their compounds: Provided, That the emission of dioxins and fur ans into the air shall be reduced by the most progressive techniques: Provided, F ur ther , That all aver age of

dioxin and fur ans measured over the sample period of a minimum of 5 hours and maximum of 8hours must not exceed the limit value of 0.1 nanogr am/m

3.



23

Pursuant to Sec. 8 of this Act, the Department shall prepare a detailed action plan setting the emission standards or standards of performance for any stationary source the procedure for testing emissions for each type of pollutant, and the procedure for enforcement of said standards.

Existing industries, which are proven to exceed emission r ates esta blished by the Department in

consultation with stak eholders, after a thorough, credible and tr ansparent measurement process shall be allowed a gr ace period of eighteen (18) months for the esta blishment of an

environmental management system and the installation of an a ppropriate air pollution controldevice : Provided, That an extension of not more than twelve (12) months may be allowed by the

Department on meritorious grounds.

Section 20. Ban on Incineration. - Inciner ation, 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 a pply to tr aditional small-scale method of community/neighborhood sanitation "siga", tr aditional, agricultur al, cultur al, health,

and food prepar ation and crematoria; Provided, F ur ther , That existing inciner ators 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 shall be limited to the burning of pathological and

infectious wastes, and subject to close monitoring by the Department.

Local government units are hereby mandated to promote, encour age 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.

Article Four Pollution from Motor Vehicles

Section 21. P ollution from Motor Vehicles. - a) The DOTC shall implement the emission

standards for motor vehicles set pursuant to and as provided in this Act. To further improve the emission standards, the Department shall review, revise and publish the standards every two (2)

years, or as the need arises. It shall consider the maximum limits for all ma jor pollutants to ensure substantial improvement in air quality for the health, safety and welf are of the gener al

public.

The following emission standards for type a pproval of motor vehicles shall be effective by the

year 2003:

a) For light duty vehicles, the exhaust emission limits for gaseous pollutants shall be:

Emission Limits for Light Duty Vehicles Type Approval

(Directive 91/441/EEC)



24

CO (g/k m)

HC + NOx (g/k m)

PMa

(g/k m)

2.72 0.970.14

a for compression-ignition engines only

b) For light commercial vehicles, the exhaust emission limit of gaseous pollutants as a

function of the given reference mass shall be:

Emission Limits for Light Commercial Vehicles

Type Approval(Directive 93/59/EEC)

Reference Weight (R W) (k g)

CO (g/k m)

HC + NOx (g/k m)

PMa (g/k m)

Category 1 1250< R W 2.72 0.97 0.14

Category 2 1250< R W<1700 5.17 1.4 0.19

Category 3 R W>1700 6.9 1.7 0.25

a for compression-ignition engines only

c) For heavy duty vehicles, the exhaust emission limits of gaseous pollutants shall be:

Emission Limits for Heavy Duty Vehicles

Type Approval

(Directive 91/542/EEC)

CO

(g/k /Wh)

HC

(g/k /Wh)

NOx

(g/k /Wh)

PM

(g/k /Wh)

4.5 1.1 8.0 0.36a

a In the case of engines of 85 kW or less, the limit value for particular

emissions in increased by multiplying the quoted limit by a coefficient of

1.7

Fuel eva por ative emission for spar k -ignition engines shall not exceed 2.0 gr ams hydrocarbons per test. Lik ewise, it shall not allow any emission of gases from cr ank case

ventilation system into the atmosphere.



25

b) The Department, in colla bor ation with the DOTC, DTI and LGUs, shall develop an action plan for the control and management of air pollution from motor vehicles consistent with the Integr ated Air Quality Fr amewor k. The DOTC shall enforce compliance with the emission

standards for motor vehicles set by the Department. The DOTC may deputize other lawenforcement agencies and LGUs for this purpose. To this end, the DOTC shall have the power

to:

(1) Inspect and monitor the emissions of motor vehicles;

(2) Prohibit or enjoin the use of motor vehicles or a class of motor vehicles in any area or street at specified times; and

(3) Authorize private testing emission testing centers duly accredited by the DTI.

c) The DOTC, together with the DTI and the Department, shall esta blish the procedures for the inspection of motor vehicles and the testing of their emissions for the purpose of determining the

concentr ation and/or r ate of pollutants discharged by said sources.

d) In order to ensure the substantial reduction of emissions from motor vehicles, the Department of Tr ade and Industry (DTI), together with the DOTC and the Department shall formulate and

implement a national motor vehicle inspection and maintenance progr am that will promote efficient and safe oper ation of all motor vehicles. In this regard, the DTI shall develop and

implement standards and procedures for the certification of tr aining institutions, instructors and f acilities and the licensing of qualified private service centers and their technicians as

prerequisite for performing the testing, servicing, repair and the required adjustment to the vehicle emission system. The DTI shall lik ewise prescribe regulations requiring the disclosure of

odometer readings and the use of tamper-resistant odometers for all motor vehicles including tamper-resistant fuel management systems for the effective implementation of the inspection and

maintenance progr am.

Section 22. Regulation of All Motor Vehicles and Engines. - Any imported new or locally-

assembled new motor vehicle shall not be registered unless it complies with the emission standards set pursuant to this Act, as evidenced by a Certificate of Conformity (COC) issued by

the Department.

Any imported new motor vehicle engine shall not be introduced into commerce, sold or used unless it complies with emission standards set pursuant to this Act.

Any imported used motor vehicle or rebuilt motor vehicle using new or used engines, ma jor parts

or components shall not be registered unless it complies with the emission standards.

In case of non-compliance, the importer or consignee may be allowed to modify or rebuild the

vehicular engine so it will be in compliance with a pplica ble emission standards.

No motor vehicle registr ation (MVR) shall be issued unless such motor vehicle passes the emission testing requirement promulgated in accordance with this Act. Such testing shall be

conducted by the DOTC or its authorized inspection centers within sixty (60) days prior to date of registr ation.



26

The DTI shall promulgate the necessary regulations prescribing the useful life of vehicles and engines including devices in order to ensure that such vehicles will conform to the emissions which they were certified to meet. These regulations shall include provisions for ensuring the

dur a bility of emission devices.

Section 23. S econd-Hand Motor Vehicle Engines. - Any imported second-hand motor vehicle engine shall not be introduced into commerce, sold or used unless it complies with emission

standards set pursuant to this Act.

Article Five Pollution from Other Sources

Section 24. P ollution from smoking . - Smok ing inside a public building or an enclosed public place including public vehicles and other means of tr ansport or in any enclosed area outside of

one's private residence, private place of wor k or any duly designated smok ing area is hereby prohibited under this Act. This provision shall be implemented by the LGUs.

Section 25. P ollution from ot her mobile sources. - The Department, in coordination with

a ppropriate agencies, shall formulate and esta blish the necessary standards for all mobile sources other than those referred to in Sec. 21 of this Act. The imposition of the a ppropriate fines and

penalties from these sources for any violation of emission standards shall be under the jurisdiction of the DOTC.

Chapter 3

Fuels, Additives, Substances and Pollutants

Article One

Fuels, Additives and Substances

Section 26. Fuels and Additives. - Pursuant to the Air Quality Fr amewor k to be esta blished under Section 7 of this Act, the Department of Energy (DOE), co-chaired by the Department of

Environment and Natur al Resources (DENR), in consultation with the Bureau of Product Standards (BPS) of the DTI, the DOST, the representatives of the fuel and automotive industries,

academe and the consumers shall set the specifications for all types of fuel and fuel-related products, to improve fuel composition for increased efficiency and reduced emissions: Provided,

however , that the specifications for all types of fuel and fuel-related products set-forth pursuant to this section shall be adopted by the BPS as Philippine National Standards (PNS).

The DOE shall also specify the allowa ble content of additives in all types of fuels and fuel-

related products. Such standards shall be based primarily on threshold levels of health and

research studies. On the basis of such specifications, the DOE shall lik ewise limit the content or begin that phase-out of additives in all types of fuels and fuel-related products as it may deem necessary. Other agencies involved in the performance of this function shall be required to coordinate with the DOE and tr ansfer all documents and information necessary for the

implementation of this provision.

Consistent with the provisions of the preceding par agr a phs under this section, it is declared that:



27

a) not later than eighteen (18) months after the effectivity of this Act, no person shallmanuf acture, import, sell, supply, offer for sale, dispense, tr ansport or introduce into commerce unleaded premium gasoline fuel which has an anti-k nock index (AK I) of not

less that 87.5 and Reid va por pressure of not more than 9 psi. Within six (6) months after the effectivity of this Act, unleaded gasoline fuel shall contain aromatics not to exceed

forty-five percent (45%) by volume and benzene not to exceed four percent (4%) by volume; Provided, that by year 2003, unleaded gasoline fuel should contain aromatics not

to exceed thirty-five percent (35%) by volume and benzene not to exceed two percent (2%) by volume;

b) not later than eighteen (18) months after the effectivity of this Act, no person shall

manuf acture, import, sell, supply, offer for sale, dispense, tr ansport or introduce into commerce automotive diesel fuel which contains a concentr ation of sulfur in excess of

0.20% by weight with a cetane number of index of not less than forty-eight (48): Provided, That by year 2004, content of said sulfur shall be 0.05% by weight; and

c) not later than eighteen (18) months after the effectivity of this Act, no Person shall

manuf acture, import, sell, supply, offer for sale, dispense, tr ansport or introduce into

commerce industrial diesel fuel which contains a concentr ation of sulfur in excess of 0.30% ( by weight).

Every two (2) years thereafter or as the need arises, the specifications of unleaded gasoline and

of automotive and industrial diesel fuels shall be reviewed and revised for further improvement in formulation and in accordance with the provisions of this Act.

The fuels char acterized a bove shall be commercially availa ble. Lik ewise, the same shall be the

reference fuels for emission and testing procedures to be esta blished in accordance with the provisions of this Act.

Any proposed additive shall not in any way increase emissions of any of the regulated gases which shall include, but not limited to carbon monoxide, hydrocarbons, and oxides of nitrogen and particulate matter, in order to be a pproved and certified by the Department.

Section 27. Regulation of Fuels and Fuel Additives. - The DOE, in coordination with the Department and the BPS, shall regulate the use of any fuel or fuel additive. No manuf acturer,

processor or tr ader of any fuel or additive may import, sell, offer for sale, or introduce into commerce such fuel for additive unless the same has been registered with the DOE. Prior to

registr ation, the manuf acturer, processor or tr ader shall provide the DOE with the following relevant information:

a) Product identity and composition to determine the potential health effects of such fueladditives;

b) Description of the analytical technique that can be used to detect and measure the

additive in any fuel;

c) Recommended r ange of concentr ation; and

d) Purpose in the use of the fuel and additive.



28

Section 28. Misfueling . - In order to prevent the disa bling 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 la beled "unleaded gasoline

only". This prohibition shall also a pply to any person who k nows or should k now that such vehicle is designed solely for the use of unleaded gasoline.

Section 29 . P rohibition on Manufacture, Import and S ale 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 manuf acture, import, sell, offer for sale, introduce

into commerce, convey or other wise 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.

Article Two Other Pollutants

Section 30. Oz one- Depleting S ubstances. - Consistent with the terms and conditions of the

Montreal Protocol on Substances that Deplete the Ozone Layer and other internationalagreements and protocols to which the Philippines is a signatory, the Department shall phase out

ozone-depleting substances.

Within sixty (60) days after the enactment of this Act, the Department shall publish a list of substances which are k nown to cause harmful effects on the str atospheric ozone layer .

Section 31. Greenhouse Gases. - The Philippine Atmospheric, Geophysical and AstronomicalService

Administr ation (PAGASA) shall regular ly monitor meteorological f actors affecting

environmental conditions including ozone depletion and greenhouse gases and coordinate with the Department in order to effectively guide air pollution monitoring and standard-setting

activities.

The Department, together with concerned agencies and local government units, shall prepare and fully implement a national plan consistent with the United Nations Fr amewor k Convention on

Climate Change and other international agreements, conventions and protocols on the reduction of greenhouse gas emissions in the country.

Section 32. P

ersistent O

rganic P

ollutants. - The Department shall, within a period of two (2) years after the enactment of this Act, esta blish an inventory list of all sources of Persistent

Organic Pollutants (POPs) in the country. The Department shall develop short-term and long-term national government progr ams on the reduction and elimination of POPs such as dioxins

and fur ans. Such progr ams shall be formulated within a year after the esta blishment of the inventory list.

Section 33. Radioactive Emissions. - All projects which will involve the use of atomic and/or

nuclear energy, and will entail release and emission of r adioactive substances into the



29

environment, incident to the esta blishment or possession of nuclear energy f acilities and r adioactive materials, handling, tr ansport, production, stor age, and use of r adioactive materials, shall be regulated in the interest of public health and welf are by the Philippine

Nuclear Research Institute (PNRI), in coordination with Department and other a ppropriate

government agencies.

Chapter 4 Institutional Mechanism

Section 34. Lead Agency. - The Department, unless other wise 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 separ ate, comprehensive environmental management agency is created.

Section 35. Linkage Mechanism. - The Department shall consult, participate, cooper ate and enter into agreement with other government agencies, or with affected non-governmental

( NGOs) or people's organizations (POs),or private enterprises in the further ance of the objectives of this Act.

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 a pply.

The Department shall provide the LGUs with technical assistance, tr ainings and a continuing

ca pa bility-building progr am to prepare them to undertak e full administr ation of the air quality management and regulation within their territorial jurisdiction.

Section 37. Environmental and Natural Resources O ffice. - There may be esta blished an

Environment and Natur al Resources Office in every province, city, or municipality which shall be headed by the environment and natur al resources officer and shall be a ppointed by the Chief

Executive of every province, city or municipality in accordance with the provisions of Section 484 of Republic Act No. 7160. Its powers and duties, among others, are:

a) To prepare comprehensive air quality management progr ams, plans and str ategies

within the limits set forth in Republic act. No. 7160 and this Act which shall be

implemented within its territorial jurisdiction upon the a pproval of the sanggunian;

b) To provide technical assistance and support to the governor or mayor, as the case may be, in carrying out measures to ensure the delivery of basic services and the provision of

adequate f acilities relative to air quality;

c) To tak e the lead in all efforts concerning air quality protection and reha bilitation;



30

d) To recommend to the Board air quality standards which shall not exceed the maximum permissible standards set by r ational laws;

e) To coordinate with other government agencies and non-governmental organizations in the implementation of measures to prevent and control air pollution; and

f) Exercise such other powers and perform such duties and functions as may be

prescribed by law or ordinance: Provided , however , That in provinces/cities/municipalities where there are no environment and natur al resources

officers, the local executive concerned may designate any of his official and/or chief of office prefer a bly the provincial, city or municipal agriculturist, or any of his employee:

Provided, Finally, That in case an employee is designated as such, he must have sufficient experience in environmental and natur al resources management, conservation

and utilization.

Section 38. Record-keeping, Inspection, Monitoring and Entry by t he Department . - The

Department or its duly accredited entity shall, after proper consultation and notice, require any person who owns or oper ates any emissions source or who is subject to any requirement of this

Act to:

(a) esta blish and maintain relevant records;

( b) mak e relevant reports;

(c) install, use and maintain monitoring equipment or methods;

(d) sample emission, in accordance with the methods, locations, intervals and manner

prescribed by the Department;

(e) k eep records on control equipment par ameters, production varia bles or other indirect data when direct monitoring of emissions is impr actical; and

(f) provide such other information as the Department may reasona bly require.

Pursuant to this Act, the Department, through its authorized representatives, shall have the right of :

(a) entry or access to any premises including documents and relevant materials as

referred to in the herein preceding par agr a ph;

( b) inspect any pollution or waste source, control device, monitoring equipment or method required; and

(c) test any emission.

Any record, report or information obtained under this section shall be made availa ble to the public, except upon a satisf actory showing to the Department by the entity concerned that the

record, report or information, or parts thereof, if made public, would divulge secret methods or



31

processes entitled to protection as intellectual property. Such record, report or information shalllik ewise be incorpor ated in the Department's industrial r ating system.

Section 39. P ublic Education and Information Campaign. - A continuing air quality information and education campaign shall promoted by the Department, the Department of

Education, Culture and Sports (DECS), the Department of the Interior and Local Government (DILG), the Department of Agriculture (DA) and the Philippine Information Agency (PIA).

Consistent with Sec. 7 of this Act, such campaign shall encour age the participation of other government agencies and the private sector including NGOs, POs, the academe, environmental

groups and other private entities in a multi-sector al information campaign.

Chapter 5

Actions

Section 40. Administrative Action. - Without prejudice to the right of any affected person to file an administr ative action, the Department shall, on its own instance or upon verified complaint by

any person, institute administr ative 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. Citi z en S uits. - For purposes of enforcing the provisions of this Act or its implementing rules and regulations, any citizen may file an a ppropriate civil, criminal or

administr ative action in the proper courts against:

(a) Any person who violates or f ails 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 a buses his authority in the performance of his duty; or, in any manner, improper ly

performs his duties under this Act or its implementing rules and regulations: Provided, however , That no suit can be filed until thirty-day (30) notice has been tak en thereon.

The court shall exempt such action from the payment of filing fees, except fees for actions not

ca pa ble of pecuniary estimations, and shall lik ewise, upon prima f acie 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 mak e a determination if the compliant herein is malicious and/or baseless and shall accordingly dismiss the action and award attorney's fees and damages.



32

Section 42. Independence of Action. - The filing of an administr ative 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.

Section 43. S uits and S trategic Legal Actions Against P ublic P articipation and t he

Enforcement of T his 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 mak e a determination not exceeding thirty (30) days whether said legal

action has been filed to har ass, vex, exert undue pressure or stif le such legal recourses of the person complaining of or enforcing the provisions of this Act. U pon determination thereof,

evidence warr anting the same, the court shall dismiss the case and award attorney's fees and double damages.

This provision shall also a pply and benefit public officers who are sued for acts committed in

their official ca pacity, their being no gr ave a buse of authority, and done in the course of enforcing this Act.

Section 44. Lien Upon P ersonal and Immovable P roperties of Violators. - Fines and penalties imposed pursuant to this Act shall be liens upon personal or immova ble properties of the

violator . Such lien shall, in case of insolvency of the respondent violator, enjoy preference to la borer's wages under Articles 2241 and 2242 of Republic Act No. 386, other wise k nown as the

New Civil Code of the Philippines.

Chapter 6 Fines and Penalties

Section 45. Violation of S tandards for S tationary S ources. - For actual exceedance of any

pollution or air quality standards under this Act or its rules and regulations, the Department,

through the Pollution Adjudication Board (PAB), shall impose a fine of not more than One hundred thousand pesos (P100,000.00) for every day of violation against the owner or oper ator of a stationary source until such time that the standards have been complied with.

For purposes of the a pplication of the fines, the PAB shall prepare a fine r ating system to adjust the maximum fine based on the violator's a bility to pay, degree of willfulness, degree of

negligence, history of non-compliance and degree of recalcitr ance: Provided, That in case of negligence, the first time offender's a bility to pay may lik ewise be considered by the Pollution

Adjudication Board: Provided, F ur ther , That in the a bsence of any extenuating or aggr avating circumstances, the amount of fine for negligence shall be equivalent to one-half of the fine for

willful violation.

The fines herein prescribed shall be increased by at least ten percent (10%), every three (3) years to compensate for inf lation and to maintain the deterrent function of such fines.

In addition to the fines, the PAB shall order closure, suspension of development, construction, or oper ations of the stationary sources until such time that proper environmental safeguards are put

in place: Provided, That an esta blishment lia ble for a third offense shall suffer permanent closure immediately. This par agr a ph shall be without prejudice to the immediate issuance of an ex parte

order for such closure, suspension of development or construction, or cessation of oper ations



33

during the pendency of the case upon prima f acie evidence that their is imminent threat to life, public health, safety or gener al welf are, or to plant or animal life, or whenever there is an exceedance of the emission standards set by the Department and/or the Board and/or the

a ppropriate LGU.

Section 46. Violation of S tandards for Motor Vehicles. - No motor vehicle shall be registered with the DOTC unless it meets the emission standards set by the Department as provided in Sec.

21 hereof .

Any vehicle suspected of violation of emission standards through visual signs, such as, but not limited to smok e-belching, shall be subjected to an emission test by a duly authorized emission

testing center . For this purpose, the DOTC or its authorized testing center shall esta blish aroadside inspection system. Should it be shown that there was no violation of emission standards,

the vehicle shall be immediately released. Other wise, a testing result indicating an exceedance of the emission standards would warr ant the continuing custody of the impounded vehicle unless

the a ppropriate penalties are fully paid, and the license plate is surrendered to the DOTC pending the fulfillment of the undertak ing by the owner/oper ator of the motor vehicle to mak e the

necessary repairs so as to comply with the standards. A pass shall herein be issued by the DOTC

to authorize the use of the motor vehicle within a specified period that shall not exceed seven (7) days for the sole purpose of mak ing the necessary repairs on the said vehicle. The owner/oper ator of the vehicle shall be required to correct its defects and show proof of

compliance to the a ppropriate pollution control office before the vehicle can be allowed to be driven on any public or subdivision roads.

In addition, the driver and oper ator of the a pprehended vehicle shall undergo a seminar on pollution control management conducted by the DOTC and shall also suffer the following

penalties:

a) First Offense - a fine not to exceed Two Thousand Pesos (P2,000.00);

b) Second Offense - a fine not less than Two Thousand Pesos (P2,000.00) and not to exceed Four Thousand Pesos (P4,000.00); and

c) Third offense - one (1) year suspension of the Motor Vehicle Registr ation (MVR) and a fine of not less than Four Thousand Pesos (P4,000.00) and not more than Six thousand

pesos (P6,000.00).

Any violation of the provisions of Sec. 21 par agr a ph (d) with regard to national inspection and maintenance progr am, including technicians and f acility compliance shall penalized with a fine

of not less than Thirty Thousand Pesos (P30,000.00) or cancellation of license of both the

technician and the center, or both, as determined by the DTI.

All law enforcement officials and deputized agents accredited to conduct vehicle emissions testing and a pprehensions shall undergo a mandatory tr aining on emission standards and

regulations. For this purpose, the Department, together with the DOTC, DTI, DOST, Philippine National Police (PNP) and other concerned agencies and private entities shall design a tr aining

progr am.



34

Section 47. Fines and P enalties for Violations of Ot her P rovisions in t he Act . - For violations of all other provisions provided in this Act and of the rules and regulations thereof, a fine of not less than Ten thousand pesos (P10,000) but not more than One Hundred thousand Pesos

(P100,000) or six (6) months to six (6) years imprisonment or both shall be imposed. If the offender is a juridical person, the president, manager, directors, trustees, the pollution control

officer or the officials directly in charge of the oper ations shall suffer the penalty herein provided.

Section 48. Gross Violations. - In case of gross violation of this Act or its implementing rules

and regulations, the PAB shall recommend to the proper government agencies to file the a ppropriate 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 break ing of

seal, padlock s and other similar devices, or oper ation despite the existence of an order for closure, discontinuance or cessation of oper ation; and

(d) irrepar a ble or gr ave 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

oper ations shall suffer the penalty herein provided.

Chapter 7 Final Provisions

Section 49. P otential Loss or Shifts of Employment . - The Secretary of La bor is hereby

authorized to esta blish a compensation, retr aining and relocation progr am to assist wor k ers laid off due to a company's compliance with the provisions of this Act.

Section 50. Appropriations. - An amount of Seven Hundred Fifty Million Pesos (P750,000,000.00) shall be a ppropriated for the initial implementation of this Act, of which, the

amount of Three Hundred Million Pesos (P300,000,000.00) shall be a ppropriated to the Department; Two Hundred Million Pesos (P200,000,000.00) to the DTI; One Hundred Fifty

Million Pesos (P150,000,000.00) to the DOTC; and One Hundred Million Pesos (P100,000,000.00) to the DOE.

Thereafter, the amount necessary to effectively carry out the provisions of this Act shall be

included in the Gener al Appropriations Act.

Section 51. Implementing Rules and Regulations. - The Department, in coordination with the

Committees on Environment and Ecology of the Senate and House of Representatives, respectively and other agencies, shall promulgate the implementing rules and regulations for this



35

Act, within one (1) year after the enactment of this Act: Provided, That rules and regulations issued by other government agencies and instrumentalities for the prevention and/or a batement of pollution not inconsistent with this Act shall supplement the rules and regulations issued by

the Department pursuant to the provisions of this Act.

Section 52. Report to Congress. - The Department shall report to Congress, not later than March 30 of every year following the a pproval of this Act, the progress of the pollution control efforts

and mak e the necessary recommendations in areas where there is need for legislative action.

Section 53. J oint Congressional Oversig ht Committee. - There is hereby created a joint congressional oversight committee to monitor the implementation of this Act. The committee

shall be composed of five (5) senators and five (5) representatives to be a ppointed by the Senate President and the Speak er of the House of Representatives, respectively, the oversight committee

shall be co-chaired by a senator and a representative designated by the Senate President and the Speak er of the House of Representatives, respectively.

The mandate given to the joint congressional oversight committee under this Act shall be without prejudice to the performance of the duties and functions by the respective existing oversight

committees of the Senate and the House of Representatives.

Section 54. S eparability of P rovisions. - If any provision of this Act or the a pplication of such provision to any person or circumstances is declared unconstitutional, the remainder of the Act

or the a pplication of such provision to other person or circumstances shall not be affected by such declar ation.

Section 55. Repealing Clause. - Presidential Decree No. 1181 is hereby repealed. Presidential

Decrees Nos. 1152, 1586 and Presidential Decree No. 984 are partly modified. All other laws, orders, issuance, rules and regulations inconsistent herewith are hereby repealed or modified

accordingly.

Section 56. Effectivity. - This Act shall tak e effect fifteen (15) days from the date of its

publication in the O fficial Gazette or in at least two (2) newspa pers of gener al circulation.

Approved, June 23, 1999.



36

P rotected Areas Management

y RA 7586: National Integr ated Protected Areas System

( NIPAS) Act of 1992

The law that provides a par adigm shift in PA

management from the national government agency through

the DENR to the local body k nown as the Protected AreaManagement Board (PAMB).The PAMB is a multisector al

body chaired by the DENR with representation from the local

government units (LGUs), non-governmental organizations ( NGOs), people's organizations (POs), indigenous peoples



37

(IPs) through their Council of Elders and nationalgovernment agencies ( NGAs).

y PD 705: Philippine Forestry Reform Code

The law that defines the classification, management and

utilization of forest lands and resources.

REPUBLIC ACT NO. 7586 AN ACT PROVIDING FOR THE ESTABLISHMENT AND MANAGEMENT OF

NATIONAL INTEGRATED PROTECTED AREAS SYSTEM,

DEFINING ITS SCOPE AND COVERAGE, AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

SECTION 1. Title - This Act shall be k nown and referred to as the " National Integr ated

Protected Areas System Act of 1992".

SECTION 2. Declar ation of Policy - Cognizant of the profound impact of man's activities

on all components of the natur al environment particular ly the effect of increasing population, resource exploitation and industrial advancement and recognizing the critical importance of

protecting and maintaining the natur al biological and physical diversities of the environment nota bly on areas with biologically unique features to sustain human life and development, as

well as plant and animal life, it is hereby declared the policy of the State to secure for the Filipino people of present and future gener ations the perpetual existence of all native plants and

animals through the esta blishment of a comprehensive system of integr ated protected areas within the classification of national par k as provided for in the Constitution.

It is hereby recognized that these areas, although distinct in features, posses common ecological

values that may be incorpor ated into a holistic plan representative of our natur al heritage; that effective administr ation of this area is possible only through cooper ation among national

government, local government and concerned private organizations; that the use and enjoyment



38

of these protected areas must be consistent with the principles of biological diversity and sustaina ble development.

To this end, there is hereby esta blished a National Integr ated Protected Areas System ( NIPAS), which shall encompass outstandingly remar ka ble areas and biologically important public lands

that are ha bitats of r are and endangered species of plants and animals, biogeogr a phic zones and related ecosystems, whether terrestrial, wetland or marine, all of which shall be designated as

" protected areas". SECTION 3. Categories - The following categories of protected areas are hereby esta blished:

a. Strict nature reserve; b. Natur al par k ; c. Natur al monument; d. Wildlife sanctuary; e. Protected landsca pes and seasca pes; f . Resource reserve; g. Natur al biotic areas; and h. Other categories esta blished by law, conventions or international

agreements which the Philippine Government is a signatory.

SECTION 4. Definition of Terms - For purposes of this Act, the following terms shall be defined as follows:

a. " National Integr ated Protected Areas System ( NIPAS)" is the classification and

administr ation of all designated protected areas to maintain essential ecological processes

and life-support systems, to preserve genetic diversity, to ensure sustaina ble use of resources found therein, and to maintain their natur al conditions to the greatest extent possible;

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 biologicaldiversity and protected against destructive human exploitation;

c. "Buffer zones" are identified areas outside the boundaries of and immediately adjacent to

designated protected areas pursuant to Section 8 that need special development control in order to avoid or minimize harm to the protected area;

d. "Indigenous cultur al community" refers to a group of people sharing common bonds of

language, customs, tr aditions and other distinctive cultur al tr aits and who have since time immemorial, occupied, possessed and utilized a territory;

e. " National par k" refers to a forest reservation essentially of natur al wilderness char acter

which has been withdr awn from settlement, occupancy or any form of exploitation except in conformity with a pproved management plan and set aside as such exclusively to

conserve the area or preserve the scenery, the natur al and historic objects, wild animals



39

and plants therein and to provide enjoyment of these features in such areas;

f . " Natur al monuments" is a relatively small area focused on protection of small features to

protect or preserve nationally significant natur al features on account of their specialinterest or unique char acteristics;

g. " Natur al biotic area" is an area set aside to allow the way of life of societies living in

harmony with the environment to ada pt to modern technology at their pace;

h. " Natur al par k" is a relatively large area not materially altered by human activity where extr active resource uses are not allowed and maintained to protect outstanding natur al

and scenic areas of national or international significance for scientific, educational and recreational use;

i. "Protected landsca pes/seasca pes" are areas of national significance which are

char acterized by the harmonious inter action of man and land while providing opportunities for public enjoyment through the recreation and tourism within the normal

lifestyle and economic activity of these areas;

j. "Resource reserve" is an extensive and relatively isolated and uninha bited area normally with difficult access designated as such to protect natur al resources of the area for future

use and prevent or contain development activities that could affect the resource pending the esta blishment of objectives which are based upon a ppropriate k nowledge and

planning;

k. "Strict nature reserve" is an area possessing some outstanding ecosystem, features and/or species of f lor a and f auna of national scientific importance maintained to protect nature

and maintain processes in an undisturbed state in order to have ecologically representative examples of the natur al environment availa ble for scientific study,

environmental monitoring, education, and for the maintenance of genetic resources in adynamic and evolutionary state;

l. "Tenured migr ant communities" are communities within protected areas which have

actually and continuously occupied such areas for five (5) years before the designation of the same as protected areas in accordance with this Act and are solely dependent therein

for subsistence; and

m. "Wildlife sanctuary" comprises an area which assures the natur al conditions necessary to protect nationally significant species, groups of species, biotic communities or physical

features of the environment where these may require specific human manipulations for their perpetuation.

SECTION 5. Esta blishment and Extent of the System - The esta blishment and

oper ationalization of the System shall involve the following:

a. All areas or islands in the Philippines proclaimed, designated or set aside, pursuant to a

law, presidential decree, presidential proclamation or executive order as national par k , game refuge, bird and wildlife sanctuary, wilderness area, strict nature reserve,

watershed, mangrove reserve, fish sanctuary, natur al and historical landmar k , protected



40

and managed landsca pe/seasca pe as well as identified virgin forests before the effectivity of this Act are hereby designated as initial components of the System. The initialcomponents of the System shall be governed by existing laws, rules and regulations, not

inconsistent with this Act;

b. Within one (1) year from the effectivity of this Act, the DENR shall submit to the Senate and the House of Representatives a ma p and legal descriptions or natur al boundaries of

each protected area initially comprising the System. Such ma ps and legal description shall, by virtue of this Act, constitute the official documentary representation of the entire

System, subject to such changes as Congress deems necessary;

c. All DENR records pertaining to said protected areas, including ma ps and legaldescriptions or natur al boundaries, copies of rules and regulations governing them, copies

of public notices of, and reports submitted to Congress regarding pending additions, eliminations, or modifications shall be made availa ble to the public. These legal

documents pertaining to protected areas shall also be availa ble to the public in the respective DENR Regional Offices, Provincial Environment and Natur al Resources

Offices (PENROs) and Community Environment and Natur al Resources Offices

(CENROs) where NIPAS areas are located;

d. Within three (3) years from the effectivity of this Act, the DENR shall study and review

each area tentatively composing the System as to its suita bility or non-suita bility for preservation as protected area and inclusion in the System according to the categories

esta blished in Section 3 hereof and report its findings to the President as soon as each study is completed. The study must include in each area:

1. A forest occupants survey;

2. An ethnogr a phic study;

3. A protected area resource profile;

4. Land use plans done in coordination with the respective Regional Development

Councils; and 5. Such other back ground studies as will be sufficient bases for selection.

The DENR shall:

a. Notify the public of proposed action through publication in a newspa per of gener alcirculation, and such other means as the System deems necessary in the area or areas in

the vicinity of the affected land thirty (30) days prior to the public hearing;

i. Conduct public hearings at the locations nearest to the area affected; ii. At least thirty (30) days prior to the date of hearing, advise all Local Government

Units (LGUs) in the affected areas, national agencies concerned, people's organizations and non-government organizations and invite such officials to submit

their views on the proposed action at the hearing not later than thirty (30) days following the date of hearing; and

iii. Give due consider ation to the recommendations at the public hearing; and provide sufficient explanation for his recommendations contr ary to the gener al sentiments



41

expressed in the public hearing;

b. U pon receipt of the recommendations of the DENR, the President shall issue a

presidential proclamation designating the recommended areas as protected areas and providing for measures for their protection until such time when Congress shall have

enacted a law finally declaring such recommended areas as part of the integr ated protected area systems; and

c. Thereafter, the President shall send to the Senate and the House of Representatives his

recommendations with respect to the designations as protected areas or reclassification of each area on which review has been completed, together with ma ps and legal description

of boundaries. The President, in his recommendation, may propose the alter ation of existing boundaries of any or all proclaimed protected areas, addition of any contiguous

area of public land of predominant physical and biological value. Nothing contained herein shall limit the President to propose, as part of his recommendation to Congress,

additional areas which have not been designated, proclaimed or set aside by law, presidential decree, proclamation or executive orders as protected area/s.

SECTION 6. Additional Areas to be Integr ated to the System. - Notwithstanding the esta blishment of the initial component of the additional areas with outstanding physical features, anthropological significance and biological diversity in accordance with the provisions of

Section 5d.

SECTION 7. Disesta blishment as Protected Area. - When in the opinion of the DENR a

certain protected area should be withdr awn or disesta blished, or its boundaries modified as warr anted by a study and sanctioned by the ma jority of the members of the respective boards for

the protected area as herein esta blished in Section 11, it shall, in turn, advice Congress.Disesta blishment of a protected area under the System or modification of its boundary shall tak e

effect pursuant to an act of Congress. Thereafter, said area shall revert to the category of public

forests unless other wise classified by Congress: Provided however, that after disesta blishment by Congress, the Secretary may recommend the tr ansfer of such disesta blished area to other government agencies to serve other priority progr ams of national interest.

SECTION 8. Buffer Zones. - For each protected area, there shall be esta blished peripher al

buffer zones when necessary, in the same manner as Congress esta blishes the protected area, to protect the same from activities that will directly and indirectly harm it. Such buffer zones shall

be included in the individual protected area management plan that shall prepared for each protected area. The DENR shall exercise its authority over protected areas as provided in this Act

on such area and designated as buffer zones.

SECTION 9. Management Plans. - There shall be a gener al management planning str ategy to serve as guide in formulating individual plans for each protected area. The management planning str ategy shall, at the minimum, promote the adoption and implementation of innovative

management techniques including if necessary, the concept of zoning, buffer zone management for multiple use and protection, ha bitat conservation and reha bilitation, diversity management,

community organizing, socioeconomic and scientific researches, site-specific policy development, pest management, and fire control. The management planning str ategy shall also

provide guidelines for the protection of indigenous cultur al communities, other tenured migr ant



42

communities and sites for close coordination between and among local agencies of the Government as well as the private sector .

Each component area of the System shall be planned and administered to further protect and enhance the permanent preservation of its natur al conditions. A management manual shall be

formulated and developed which must contain the following: an individual management plan prepared by three (3) experts, basic back ground information, field inventory of the resources

within the area, an assessment of assets and limitations, regional interrelationships, particular objectives for managing the area, a ppropriate division of the area into management zones, a

review of the boundaries of the area, and a design of the management progr ams.

SECTION 10. Administr ation and Management of the System. - The National Integr ated Protected Areas System is hereby placed under the control and administr ation of the Department

of Environment and Natur al Resources. For this purpose, there is hereby created a division in the regional offices of the Department to be called the Protected Areas and Wildlife Division in

regions where protected areas have been esta blished, which shall be under the supervision of aRegional Technical Director, and shall include subordinate officers, cler k s, and employees as

may be proposed by the Secretary, duly a pproved by the Department of Budget and

Management, and a ppropriated by the Congress. The Service thus esta blished shall manage protected areas and promote the permanent preservation, to the greatest extent possible of their natur al conditions.

To carry out the mandate of this Act, the Secretary of the DENR is empowered to perform any and all of the following acts:

a. To conduct studies on various char acteristic features and conditions of the different protected areas, using commonalities in their char acteristics, classify

and define them into categories and prescribe permissible or prohibited human activities in each category in the System;

b. To adopt and enforce a land use scheme and zoning plan in adjoining areas for the preservation and control of activities that may threaten the ecological balance in the protected areas;

c. To cause the prepar ation of and exercise the power to review all plans and

proposals for the management of protected areas; d. To promulgate rules and regulations necessary to carry out the provisions of

this Act; e. To deputize field officers and delegate any of his powers under this Act and

other laws to expedite its implementation and enforcement; f . To fix and prescribe reasona ble NIPAS fees to be collected from government

agencies or any person, firm or corpor ation deriving benefits from the protected areas;

g. To exact administr ative fees and fines as authorized in Section 21 for violation of guidelines, rules and regulations of this Act as would endanger the via bility

of protected areas; h. To enter into contr acts and/or agreements with private entities or public

agencies as may be necessary to carry out the purposes of this Act; i. To accept in the name of the Philippine Government and in behalf of NIPAS



43

funds, gifts or bequests of money for immediate disbursements or other property in the interest of the NIPAS, its activities or its services;

j. To call on any agency or instrumentality of the Government as well as

academic institutions, non-government organizations and the private sector as may be necessary to accomplish the objectives and activities of the System;

k. To submit an annual report to the President of the Philippines and to Congress

on the status of protected areas in the country; l. To esta blish a uniform mar k er of the System, including an a ppropriate and

distinctive symbol for each category in the System, in consultation with

a ppropriate government agencies and public and private organizations; m. To determine the specification of the class, type and style of buildings and other

structures to be constructed in protected areas and the materials to be used; n. Control the construction, oper ation and maintenance of roads, tr ails,

water wor k s, sewer age, fire protection, and sanitation systems and other public utilities within the protected area;

o. Control occupancy of suita ble portions of the protected area and resettle outside

of said area forest occupants therein, with the exception of the members of

indigenous communities area; and p. To perform such other functions as may be directed by the President of the

Philippines, and to do such acts as may be necessary or incidental to the accomplishment of the purpose and objectives of the System.

SECTION 11. Protected Area Management Board. - A Protected Area Management Board

for each of the esta blished protected area shall be created and shall be composed of the following: The Regional Executive Director under whose jurisdiction the protected area is

located; one (1) representative from the autonomous regional government, if a pplica ble; the Provincial Development Officer; one (1) representative from the municipal government; one (1)

representative from each bar angay covering the protected area; one (1) representative from each tribal community, if a pplica ble; and, at least three (3) representatives from non-government

organizations/local community organizations, and if necessary, one (1) representative from other departments or national government agencies involved in protected area management.

The Board shall, by a ma jority vote, decide the allocations for budget, a pprove proposals for

funding, decide matters relating to planning, peripher al protection and gener al administr ation of the area in accordance with the gener al management str ategy. The members of the Board shall

serve for a term of five (5) years without compensation, except for actual and necessary tr aveling and subsistence expenses incurred in the performance of their duties. They shall be a ppointed by

the Secretary of the DENR as follows:

a. A member who shall be a ppointed to represent each local government down to bar angay level whose territory or portion is included in the protected area. Each a ppointee shall be the person designated by the

head of such LGU, except for the Provincial Development Officer who shall serve ex officio;

b. A member from non-government organizations who shall be endorsed by heads of organizations which are prefer a bly based in the area or

which have esta blished and recognized interest in protected areas;



44

c. The RED/s in the region/s where such protected area lies shall sit as ex officio member of the Board and shall serve as adviser/s in matters related to the technical aspect of management of the area; and

d. The RED shall act as chairman of the Board. When there are two (2) or more REDs in the Board, the Secretary shall designate one (1) of them

to be the Chairman. Vacancies shall be filled in the same manner as the original a ppointment.

SECTION 12. Environmental Impact Assessment. - Proposals for activities which are

outside the scope of the management plan for protected areas shall be subject to an environmental impact assessment as required by law before they are adopted, and the results

thereof shall be tak en into consider ation in the decision-mak ing process.

No actual implementation of such activities shall be allowed without the required EnvironmentalCompliance Certificate (ECC) under the Philippine Environmental Impact Assessment (EIA)

system. In instances where such activities are allowed to be undertak en, the proponent shall plan and carry them out in such manner as will minimize any adverse effects and tak e preventive and

remedial action when a ppropriate. The proponent shall be lia ble for any damage due to lack of

caution or indiscretion. SECTION 13. Ancestr al Lands and Rights Over Them. - Ancestr al lands and customary rights and interest arising shall be accorded due recognition. The DENR shall prescribe rules and

regulations to govern ancestr al lands within protected areas: Provided, that the DENR shall have so power to evict indigenous communities from their present occupancy nor resettle them to

another area without their consent: Provided, however, That all rules and regulations, whether adversely affecting said communities or not, shall be subjected to notice and hearing to be

participated in by members of concerned indigenous community.

SECTION 14. Survey for Energy Resources. - Consistent with the policies declared in

Section 2 hereof, protected areas, except strict nature reserves and natur al par k s, may be subjected to explor ation only for the purpose of gathering information on energy resources and only if such activity is carried out with the least damage to surrounding areas. Surveys shall be

conducted only in accordance with a progr am a pproved by the DENR, and the result of such surveys shall be made availa ble to the public and submitted to the President for recommendation

to Congress. Any exploitation and utilization of energy resources found within NIPAS areas shall be allowed only through a law passed by Congress.

SECTION 15. Areas Under the Management of Other Departments and Government

Instrumentalities. - Should there be protected areas, or portions thereof, under the jurisdiction of government instrumentalities other than the DENR, such jurisdiction shall, prior to the passage

of this Act, remain in the said department or government instrumentality; Provided, That the department or government instrumentality exercising administr ative jurisdiction over said protected area or a portion thereof shall coordinate with the DENR in the prepar ation of its

management plans, upon the effectivity of this Act.

SECTION 16. Integr ated Protected Areas Fund. - There is hereby esta blished a trust fund to be k nown as Integr ated Protected Areas (IPAS) Fund for purposes of financing projects of the

System. The IPAS may solicit and receive donations, endowments, and gr ants in the form of contributions, and such endowment shall be exempted from income or gift taxes and all other



45

taxes, charges or fees imposed by the Government or any political subdivision or instrumentality thereof .

All incomes gener ated from the oper ation of the System or management of wild f lor a and f aunashall accrue to the Fund and may be utilized directly by the DENR for the a bove purpose. These

incomes shall be derived from:

a. Taxes from the permitted sale and export of f lor a and f auna and other resources from protected areas;

b. Proceeds from lease of multiple use areas;

c. Contributions from industries and f acilities directly benefiting from the

protected area; and d. Such other fees and incomes derived from the oper ation of the

protected area. Disbursements from the Funds shall be made solely for the protection, maintenance, administr ation, and management of the

System, and duly a pproved projects endorsed by the PAMBs, in the amounts authorized by the DENR .

SECTION 17. Annual Report to Congress. - At the opening of each session of Congress, the DENR shall report to the President, for tr ansmission to Congress, on the status of the System,

regulation in force and other pertinent information, together with recommendations.

SECTION 18. Field Officers. - All officials, technical personnel and forest guards

employed in the integr ated protected area service or all persons deputized by the DENR, upon recommendation of the Management Board shall be considered as field officers and shall have

the authority to investigate and search premises and buildings and mak e arrests in accordance with the rules on criminal procedure for the violation of laws and regulations relating to the

protected areas. Persons arrested shall be brought to the nearest police precinct for investigation.

Nothing herein mentioned shall be construed as preventing regular law enforcers and police officers from arresting any person in the act of violating said laws and regulations.

SECTION 19. Special Prosecutors. - The Department of Justice shall designate special

prosecutors to prosecute violations of laws, rules and regulations in protected areas.

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 inha bitants therein;

c. Use of any motorized equipment without a permit from the Management Board;

d. Mutilating, def acing or destroying objects of natur al beauty, or objects of interest to cultur al communities (of scenic value);



46

e. Damaging and leaving roads and tr ails in a damaged condition;

f . Squatting, miner al locating, or other wise occupying any land;

g. Constructing or maintaining any k ind of structure, fence or enclosures, conducting any business enterprise without a permit;

h. Leaving in exposed or unsanitary conditions refuse or debris, or depositing in ground or in bodies of water; and

i. Altering, removing destroying or def acing boundary mar k s or signs.

SECTION 21. Penalties. - Whoever violates this Act or any rules and regulations issued by

the Department pursuant to this Act or whoever is found guilty by a competent court of justice of

any of the offenses in the preceding section shall be fined in the amount of not less than Five thousand pesos (P5,000) nor more than Five hundred thousand pesos (P500,000), exclusive of

the value of the thing damaged or imprisonment for not less than one (1) year but not more than six (6) years, or both, as determined by the court: Provided, that, if the area requires

reha bilitation or restor ation as determined by the court, the offender shall be required to restore or compensate for the restor ation to the damages: Provided, further, that court shall order the

eviction of the offender from the land and the forfeiture in f avor of the Government of all

miner als, timber or any species collected or removed including all equipment, devices and firearms used in connection therewith, and any construction or improvement made thereon by the offender . If the offender is an association or corpor ation, the president or manager shall be

directly responsible for the act of his employees and la borers: Provided, finally, that the DENR may impose administr ative fines and penalties consistent with this Act.

SECTION 22. Separ a bility Clause. - If any part or section of this Act is declared

unconstitutional, such declar ation shall not affect the other parts or sections of this Act.

SECTION 23. Repealing Clause. - All laws, presidential decrees, executive orders, rules

and regulations inconsistent with any provisions of this Act shall be deemed repealed or

modified accordingly. SECTION 24. Effectivity Clause. - This Act shall tak e effect fifteen (15) days after its

complete publication in two (2) newspa pers of gener al circulation.



47

PRESIDENTIAL DECREE NO. 705

[As amended by P.D. No. 1559, P.D. No. 865, P.D. No. 1775, Batas Pambansa (B.P.) Blg.

701, B.P. Blg. 83, Republic Act (R.A.) No. 7161, Executive Order (E.O.) No. 277 and 83

O.G. No. 31]

REVISED FORESTRY CODE

[REVISING PRESIDENTIAL DECREE NO. 389,

OTHERWISE KNOWN AS

THE FORESTRY REFORM CODE OF THE PHILIPPINES]

WHEREAS, proper classification, management and utilization of the lands of the public domain to maximize their productivity to meet the demands of our increasing population is urgently

needed;

WHEREAS, to achieve the a bove purpose, it is necessary to reassess the multiple uses of forest lands and resources before allowing any utilization thereof to optimize the benefits that can be

derived therefrom;

WHEREAS, it is also imper ative to place emphasis not only on the utilization thereof but more

so on the protection, reha bilitation and development of forest lands, in order to ensure the continuity of their productive condition;

WHEREAS, the present laws and regulations governing forest lands are not responsive enough

to support re-oriented government progr ams, projects and efforts on the proper classification and delimitation of the lands of the public domain, and the management, utilization, protection,

reha bilitation, and development of forest lands;

NOW, THEREFORE, I, Ferdinand E. Marcos, President of the Philippines, by virtue of the powers in me vested by the Constitution, do hereby revise Presidential Decree No. 389 to read as

follows:

Section 1

Title of this Code

This decree shall be k nown as the " Revised For e st ry Code of the P hili ppine s."

Section 2Policies

The State hereby adopts the following policies:

a. The multiple uses of forest lands shall be oriented to the development and progress requirements of the country, the advancement of science and technology, and the public

welf are;



48

b. Land classification and survey shall be systematized and hastened;

c. The esta blishment of wood-processing plants shall be encour aged and r ationalized;

and

d. The protection, development and reha bilitation of forest lands shall be emphasized so as to ensure their continuity in productive condition.

Section 3Definitions

a. 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.

b. 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 purposes.

c. Aliena ble and disposa ble 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.

d. Forest lands include the public forest, the permanent forest or forest reserves, and

forest reservations.

e. Gr azing land refers to that portion of the public domain which has been set aside, in view of the suita bility of its topogr a phy and vegetation, for the r aising of livestock.

f . Miner al lands refer to those lands of the public domain which have been classified as

such by the Secretary of Natur al Resources in accordance with prescribed and a pproved criteria, guidelines and procedure.

g. Forest reservations refer to forest lands which have been reserved by the President of the Philippines for any specific purpose or purposes.

h. National par k refers to a forest land reservation essentially of primitive or wilderness

char acter which has been withdr awn from settlement or occupancy and set aside as such exclusively to preserve the scenery, the natur al and historic objects and the wild animals

or plants therein, and to provide enjoyment of these features in such a manner as willleave them unimpaired for future gener ations.

i. Game refuge or bird sanctuary refers to a forest land designated for the protection of

game animals, birds and fishes and closed to hunting and fishing in order that the excess population may f low and restock surrounding areas.

j. Marine par k refers to any public offshore area delimited as ha bitat of r are and unique species of marine f lor a and f auna.



49

k. Seashore par k refers to any public shore area delimited for outdoor recreation, sports fishing, water sk iing and related healthful activities.

l. Watershed reservation is a forest land reservation esta blished to protect or improve the conditions of the water yield thereof or reduce sedimentation.

m. Watershed is a land area dr ained by a stream or fixed body of water and its tributaries

having a common outlet for surf ace run-off .

n. Critical watershed is a dr ainage area of a river system supporting existing and

proposed hydro-electric power, irrigation wor k s or domestic water f acilities needing immediate protection or reha bilitation.

o. Mangrove is a term a pplied to the type of forest occurring on tidal f lat along the sea

coast, extending along stream where the water is br ack ish.

p. Kaingin refers to a portion of the forest land which is subjected to shifting and/or permanent slash-and-burn cultivation.

q. Forest product means, timber, pul pwood, firewood, bar k , tree top, resin, gum, wood, oil, honey beeswax, nipa, r attan, or other forest growth such as gr ass, shrub, and

f lowering plant, the associated water, fish, game, scenic, historical, recreational and geologic resources in forest lands.

r . Dipterocarp forest is a forest dominated by trees of the dipterocarp species, such as red

lauan, tanguile, tiaong, white lauan, almon, bagtikan and maya pis of the Philippine mahogany, group, a pitong and the yakals.

s. Pine forest is a forest type predominantly of pine trees.

t. Industrial tree plantation refers to any forest land extensively planted to tree crops primarily to supply r aw material requirements of existing or proposed wood processing

plants and related industries.

u. Tree f arm refers to any small forest land or tr act of land purposely planted to tree crops.

v. Agro-forestry is a sustaina ble management for land which increases over all

production, combines agricultur al crops, tree and forest plants and/or animals simultaneously or sequentially, and a pplies management pr actices which are compatible

with the cultur al patterns of the local population.

w. Multiple-use is the harmonized utilization of the land, soil, water, wildlife, recreation

value, gr ass and timber of forest lands.

x. Selective logging is the systematic removal of the mature, over-mature and defective trees in such manner as to leave adequate number and volume of healthy residual trees of

the desired species necessary to assure a future crop of timber, and forest cover for the protection and conservation of soil; water and wildlife.



50

y. Seed tree system is a silvicultur al system char acterized by partial clearcutting leaving seed trees to regener ate the area.

z. Healthy residual refers to a sound or slightly injured tree of the commercial species left after logging.

aa. Sustained-yield management implies continuous or periodic production of forest

products in a wor k ing unit for the purpose of achieving at the ear liest pr actica ble time an a pproximate balance between growth and harvest or use. This is gener ally a pplied to the

commercial timber resources and is also a pplica ble to the water, gr ass, wildlife, and other renewa ble resources of the forest.

bb. Processing plant is any mechanical setup, device, machine or combination of machines used for the conversion of logs and other forest r aw materials into lumber,

veneer, plywood, fiberboard, black board, pa per board, pul p, pa per or other finished wood products.

cc. Lease is a privilege gr anted by the State to a person to occupy and possess, in consider ation of specified rental, any forest land of the public domain in order to

undertak e any authorized activity therein.

dd. License is a privilege gr anted by the State to a person to utilize forest resources within any forest land, without any right of occupation and possession over the same, to the exclusion of others, or esta blish and oper ate a wood-processing plant, or conduct any

activity involving the utilization of any forest resources.ee. License agreement is a privilege gr anted 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 reha bilitate the same in accordance with the terms and conditions set forth in said agreement.

ff . Permit is short-term privilege or authority gr anted by the State to a person to utilize any limited forest resources or undertak e a limited activity within any forest land without

any right to occupation and possession therein.gg. Annual allowa ble cut is the volume of materials, whether of wood or other forest

products, that is authorized to be cut year ly from a forest.hh. Cutting cycle is the number of years between two ma jor harvests in the same

wor k ing unit and/or region.ii. Forest ecosystem refers to the living and non-living components of a forest and their

inter-action. jj. Silviculture is the esta blishment, development, reproduction and care of forest trees.kk. R ationalization is the organization of a business or industry using management

principles, systems and procedures to attain sta bility, efficiency and profita bility of oper ation.

ll. Forest officer means any official or employee of the Bureau who has been a ppointed or delegated by law or by competent authority to execute, implement or enforce the

provisions of this Code, other related laws, as well as their implementing regulations.mm. Private right means or refers to titled rights of ownership under existing laws, and

in the case of national minority to rights or possession existing at the time a license is gr anted under this Code, which possession may include places of a bode and worship,

burial grounds, and old clearings, but exclude productive forest inclusive of logged-over areas, commercial forests and esta blished plantations of forest trees and trees of

economic values.



51

nn. Person includes natur al as well as juridical person. [As amended by PD No. 1559]CHAPTER I

ORGANIZATION AND JURISDICTION OF THE BUREAU

Section 4Creation of and Merger of All Forestry Agencies Into, the Bureau of Forest Development

For the purpose of implementing the provisions of this Code, the Bureau of Forestry, the

Reforestation Administr ation, the Southern Cebu Reforestation Development Project, and the Par k s and Wildlife Office, including a pplica ble a ppropriations, records, equipment, property and

such personnel as may be necessary, are hereby merged into single agency to be k nown as the Bureau of Forest Development, hereinafter referred to as the Bureau.

Section 5Jurisdiction of Bureau

The Bureau shall have jurisdiction and authority over all forest land, gr azing lands, and all forest

reservations including watershed reservations presently administered by other government agencies or instrumentalities.

It shall be responsible for the protection, development, management, regener ation and

reforestation of forest lands; the regulation and supervision of the oper ation of licensees, lessees and permittees for the tak ing or use of forest products therefrom or the occupancy or use thereof;

the implementation of multiple use and sustained yield management in forest lands; the protection, development and preservation of national par k s, marine par k s, game refuges and

wildlife; the implementation of measures and progr ams to prevent kaingin and managed occupancy of forest and gr azing lands; in colla bor ation with other bureaus, the effective,

efficient and economic classification of lands of the public domain; and the enforcement of forestry, reforestation, par k s, game and wildlife laws, rules and regulations.

The Bureau shall regulate the esta blishment and oper ation of sawmills, veneer and plywood mills and other wood processing plants and conduct studies of domestic and wor ld mar k ets of forest

products.

Section 6Director and Assistant Director

and Their Qualifications

The Bureau shall be headed by a Director who shall be assisted by one or more Assistant Directors. The Director and Assistant Directors shall be a ppointed by the President.

No person shall be a ppointed Director or Assistant Director of the Bureau unless he is a natur al born citizen of the Philippines, at least 30 years of age, a holder of at least a Bachelor¶s Degree

in Forestry or its equivalent, and a registered forester .

Section 7Supervision and Control

The Bureau shall be directly under the control and supervision of the Secretary of the Department of Natur al Resources, hereinafter referred to as the Department Head.



52

Section 8Review

All actions and decisions of the Director are subject to review, motu proprio or upon a ppeal of any person aggrieved thereby, by the Department Head whose decision shall be final and

executory after the la pse of thirty (30) days from receipt by the aggrieved party of said decision, unless a ppealed to the President in accordance with Executive Order No. 19, series of 1966. The

Decision of the Department Head may not be reviewed by the courts except through a specialcivil action for certior ari or prohibition.

Section 9

Rules and Regulations

The Department Head, upon the recommendation of the Director of Forest Development, shall

promulgate the rules and regulations necessary to implement effectively the provisions of this Code.

Section 10

Creation of Functional Divisions, and Regional and District Offices

All positions in the merged agencies are considered vacant. Present occupants may be a ppointed in accordance with a staffing pattern or plan or organization to be prepared by the Director and

a pproved by the Department Head. Any a ppointee who f ails to report for duty in accordance with the a pproved plan within thirty (30) days upon receipt of notification shall be deemed to have

declined the a ppointment, in which case the position may be filed by any other qualified a pplicant.

For the efficient and effective implementation of the progr am of the Bureau, the following

divisions and sections are hereby created, to wit:

Divisions Sections

Planning and Evaluation Division

Progr am Planning; Performance Evaluation; Forest Economics; Management Analysis Data & Information

Administr ative Division Personnel; Budget; Accounting; Information; Gener al Services Legal Division

Reforestation and Afforestation Division

Cooper ative Planting; Planting Stock Production; Plantation Management

Timber Management Division

Forest Surveys, Data & Ma pping; Silviculture; Timber Inventory &Photo-Interpretation; Timber Management Plans; Land Classification

Utilization Division Timber Oper ations; Land Uses; Utilization Forest Protection and Infr astructure

Forest Protection; Forest Occupancy Management; Watershed Management; Infr astructure

Par k s, Wildlife Division Par k s Management; Recreation Management; Wildlife Management; R ange Management

Security and Intelligence Division

Forest Development Tr aining Center

Technical Tr aining; Non-Technical Tr aining



53

The Department Head may, upon recommendation of the Director, reorganize or create such other divisions, sections or units as may be deemed necessary and to a ppoint the personnel there;

Provided, That an employee a ppointed or designated as officer-in-charge of a newly created division, section or unit, or to an existing vacant position with a higher salary, shall receive, from

the date of such a ppointment or designation until he is replaced or reverted to his original position, the salary corresponding to the position tempor arily held by him.

There shall be created at least eleven regional offices. In each region, there shall be as many

forest districts as may be necessary, in accordance with the extent of forest area, esta blished wor k loads, need for forest protection, fire prevention and other f actors, the provisions of any

law to the contr ary notwithstanding: Provided, That the boundaries of such districts shall follow, whenever possible, natur al boundaries of watersheds under the river-basin concept of

management.

Section 11Manpower and Policy Development

The Bureau shall esta blish and oper ate an in-service tr aining center for the purpose of upgr ading and tr aining its personnel and new employees.

The Bureau shall also set aside adequate funds to ena ble personnel to obtain specialized

education and tr aining in local or foreign colleges or institutions.

There shall be esta blished in the College of Forestry, University of the Philippines at Los Baños, in coordination with the Department of Natur al Resources and the wood industry, a Forestry

Development Center which shall conduct basic policy researches in forestry policy formulation and implementation. To hel p defr ay the cost of oper ating said Center, it is authorized to receive

assistance from the wood industry and other sources. [As amended by PD No. 1559]

Section 12

Performance Evaluation

The Bureau shall devise a system, to be a pproved by the Department Head, to evaluate the performance of its employees. The system shall measure accomplishment in quantity and quality

of performance as related to the funded progr am of wor k assigned to each organizational unit.There shall be included a system of periodic inspection of district offices by the regional offices

and the regional and district offices by the Centr al Office in both functional fields and in the over all assessment of how each administr ative unit has implemented the laws, regulations,

policies, progr ams, and pr actices relevant to such unit. The evaluation system shall provide the

information necessary for annual progress reports and determination of employee tr aining, civilservice awards and tr ansfer or disciplinary action.

CHAPTER II

CLASSIFICATION AND SURVEY

Section 13

System of Land Classification



54

The Department Head shall study, devise, determine and prescribe the criteria, guidelines and

methods for the proper and accur ate classification and survey of all lands of the public domain into agricultur al, industrial or commercial, residential, resettlement, miner al, timber or forest,

and gr azing lands, and into such other classes as now or may hereafter be provided by law, rules and regulations.

In the meantime, the Department Head shall simplify through inter-bureau action the present

system of determining which of the unclassified lands of the public domain are needed for forest purposes and declare them as permanent forest to form part of the forest reserves. He shall

declare those classified and determined not to be needed for forest purposes as aliena ble and disposa ble lands, the administr ative jurisdiction and management of which shall be tr ansferred to

the Bureau of Lands: Provided, That mangrove and other swamps not needed for shore protection and suita ble for fishpond purposes shall be released to, and be placed under the

administr ative jurisdiction and management of, the Bureau of Fisheries and Aquatic Resources.Those still to be classified under the present system shall continue to remain as part of the public

forest.

Section 14

Existing Pasture Leases in Forest Lands

Forest lands which are not reservations and which are the subject of pasture leases shall be classified as gr azing lands and areas covered by pasture permits shall remain forest lands until

other wise classified under the criteria, guidelines and methods of classification to be prescribed by the Department Head: Provided, That the administr ation, management and disposition of

gr azing lands shall remain under the Bureau. [As amended by PD No. 1559]

Section 15Topogr a phy

No land of the public domain eighteen per cent (18%) in slope or over shall be classified as aliena ble and disposa ble, nor any forest land fifty per cent (50%) in slope or over, as gr azing land.

Lands eighteen percent (18%) in slope or over which have already been declared as aliena ble and disposa ble 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 a pproved public land a pplication, 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 afree patent under the Public Land Act: Provided, That said lands, which are not yet part of a

well-esta blished communities, shall be k ept 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 tak en to expropriate, cancel defective titles, reject public land a pplication, or eject occupants thereof .

Section 16

Areas Needed for Forest Purposes

The following lands, even if they are below eighteen percent (18%) in slope, are needed for

forest purposes, and may not, therefore, be classified as aliena ble and disposa ble land, to wit:



55

1. Areas less than 250 hectares which are f ar from, or are not contiguous with any certified aliena ble and disposa ble land;

2. Isolated patches of forest of at least five (5) hectares with rock y terr ain, 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 stock ing to support an existing, or a pproved to be esta blished, 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-of-way;

7. Twenty-meter strips of land along the edge of the normal high water line 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 f acing oceans, lak es, and other bodies of water, and strips of land at least twenty (20)

meters wide f acing lak es;

9. Areas needed for other purposes, such as national par k s, 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 par k s, game refuge, bird sanctuaries, national shrines, national historic sites:

Provided, That in case an area f alling under any of the foregoing categories shall have been titled in f avor of any person, steps shall be tak en, if public interest so requires, to have said title canceled or amended, or the titled area expropriated.

Section 17

Esta blishment of Boundaries of Forest Lands

All boundaries between permanent forests and aliena ble or disposa ble lands shall be clear ly

mar k ed and maintained on the ground, with infr astructure or roads, or concrete monuments at intervals of not more than five hundred (500) meters in accordance with esta blished procedures

and standards, or any other visible and pr actica ble signs to insure protection of the forest.

In all cases of boundary conf licts, reference shall be made to the Philippine Coast and Geodetic Survey Topo ma p. [As amended by PD No. 1559]

Section 18

Reservations in Forest Lands and Off-Shore Areas

The President of the Philippines may esta blish within any lands of the public domain, forest

reserve and forest reservation for the national par k system, for preservation as critical



56

watersheds, or for any other purpose, and modify boundaries of existing ones. The Department Head may reserve and esta blish any portion of the public forest or forest reserve as site or experimental forest for use of the Forest Research Institute.

When public interest so requires, any off-shore area needed for the preservation and protection of

its educational, scientific, historical, ecological and recreational values including the marine life found therein, shall be esta blished as marine par k s.

CHAPTER III

UTILIZATION AND MANAGEMENT

Section 19Multiple Use

The numerous beneficial uses of the timber, land, soil, water, wildlife, gr ass and recreation or

aesthetic value of forest lands and gr azing lands shall be evaluated and weighted before allowing their utilization, exploitation, occupation or possession thereof, or the conduct of any activity

therein. Only the utilization, exploitation, occupation or possession of any forest lands and gr azing lands, or any activity therein, involving one or more of its resources, which will produce

the optimum benefits to the development and progress of the country, and the public welf are, without impairment or with the least injury to its resources, shall be allowed.

All forest reservations may be open to development or uses not inconsistent with the principal

objectives of the reservation; Provided, That critical watersheds, national par k s and esta blished experimental forests shall not be subject to commercial logging or gr azing oper ations, and game

refuges, bird sanctuaries, marine and seashore par k s shall not be subject to hunting or fishing and other activities of commercial nature. [As amended by PD No. 1559]

Section 20License Agreement, License, Lease or Permit

No person may utilize, exploit, occupy, possess or conduct any activity within any forest and

gr azing land, or esta blish, install, add and oper ate any wood or forest products processing plant, unless he had been authorized to do under a license agreement, license, lease or permit:

Provided, That when the national interest so requires, the President may amend, modify, replace, or rescind any contr act, concession, permit, license, or any other form of privilege gr anted

herein: Provided, further, That upon the recommendation of the a ppropriate government agency, the President may, pending the conduct of a ppropriate hearing, order the summary suspension of

any such contr act, concession, license, permit, lease or privilege gr anted under this decree for violation of any of the conditions therein such as those pertaining but not limited to reforestation,

pollution, environment protection, export limitation or such condition as are prescribed by the

Department of Natur al Resources in daily issued regulations. [As amended by PD No. 1559]

Section 21Sustained Yield

All measures shall be tak en to achieve an a pproximate balance between growth and harvest or

use of forest products in forest lands.



57

A.Timber

Section 22

Silvicultur al and Harvesting Systems

In any logging oper ations in production forests within forest lands, the proper silvicultur al and

harvesting system that will promote optimum sustained yield shall be pr acticed, to wit:

a. For dipterocarp forest, selective logging with enrichment or supplemental planting when necessary.

b. For pine or mangrove forest, the seed tree system with planting when necessary:

Provided, That subject to the a pproval of the Department Head, upon recommendation of the Director, any silvicultur al and harvesting system that may be found suita ble as a

result of research may be adopted: Provided, further, That no authorized person shall cut, harvest or gather any timber, pul p-wood, or other products of logging unless he plants

three times of the same variety for every tree cut or destroyed by such logging or removalof logs. Any violation of this provision shall be sufficient ground for the immediate

cancellation of the license, agreement, lease or permit. [As amended by PD No. 1559]

Section 23Timber Inventory

The Bureau shall conduct a progr am of progressive inventories of the harvesta ble timber and young trees in all forest lands, whether covered by any license agreement, license, lease or

permit, or not, until a one hundred percent (100%) timber inventory thereon has been achieved.

Section 24Required Inventory Prior to

Timber Utilization in Forest Lands

No harvest of timber in any forest land shall be allowed unless it has been the subject of at least afive per cent (5%) timber inventory, or any statistically sound timber estimate, made not ear lier

than five (5) years prior to the issuance of a license agreement or license allowing such utilization.

Section 25Cutting Cycle

The Bureau shall a pply scientific cutting cycle and rotation in all forest lands, giving particular

consider ation to the age, volume and k ind of healthy residual trees which may be left undisturbed and undamaged for future harvest and forest cover in dipterocarp area, and seed trees and

reproduction in pine area.

Section 26Annual Allowa ble Cut

The annual allowa ble cut or harvest of any particular forest land under a license agreement, license, lease or permit shall be determined on the basis of the size of the area, the volume and



58

k ind of harvesta ble timber or forest products and healthy residuals, seed trees and reproduction found therein, and the esta blished cutting cycle and rotation thereof .

No person shall cut, harvest and gather any particular timber, pul pwood, firewood and other forest products unless he has been authorized under Section 20 hereof to do so and the particular

annual allowa ble cut thereof has been gr anted.

In the public interest and in accordance with Section 21 hereof, the Department Head shallreview all existing annual allowa ble cut and thereupon shall prescribe the level of annual

allowa ble cut for the common dipterocarp timber, softwood and hardwood timber cutting of which is not prohibited, pul pwood, firewood and other forest products using as bases the f actors

as well as the updated aerial photogr a phs and field inventories of such forest land: Provided, That pending the completion of such review and a ppropriate amendment of the annual allowa ble

cut in existing license agreement, license, lease or permit existing annual allowa ble cut that not sufficiently supports wood or forest products processing plant or that will support duly a pproved

processing expansion progr am or new processing projects may be allowed to continue without change: Provided, further, That no additional or adjustment in annual allowa ble cut shall be

made until after such a review has been made. [As amended by PD No. 1559]

Section 27

Dur ation of License Agreement or License to Harvest Timber in Forest Lands

The dur ation 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 allowa ble cut

therein, the esta blished cutting cycle thereof, the yield ca pacity of harvesta ble timber, and the ca pacity of healthy residuals for a second growth.

The privilege shall automatically terminate, even before the expir ation of the license agreement

of license, the moment the harvesta ble timber have been utilized without leaving any logged-

over area ca pa ble of commercial utilization.

The maximum period of any privilege to harvest timber is twenty-five (25) years, renewa ble for a period, not exceeding twenty-five (25) years, necessary to utilize all the remaining commercial

quantity or harvesta ble 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.

Section 28

Size of Forest Concessions

Forest lands shall not be held in perpetuity.

The size of the forest lands which may be the subject of timber utilization shall be limited to that

which a person may effectively utilize and develop for a period of fifty (50) years, considering the cutting cycle, the past performance of the a pplicant and his ca pacity not only to utilize but,

more importantly, to protect and manage the whole area, and the requirements of processing plants existing or to be installed in the region.



59

Forest concessions which had been the subject of consolidations shall be reviewed and re-evaluated for the effective implementation of protection, reforestation and management thereof under the multiple use and sustained yield concepts, and for the processing locally of the timber

resources therefrom.

B.Wood-Processing

Section 29Incentives to the Wood Industry

The Department Head, in colla bor ation with other government agencies and the wood industry associations and other private entities in the country, shall evolve incentives for the

esta blishment of an integr ated wood industry in designated wood industry centers and/or economic area.

The President of the Philippines, upon the recommendations of the National Economic

Development Authority and the Department Head, may esta blish wood industry import-export centers in selected locations: Provided, That logs imported for such centers shall be subject to

such precaution as may be imposed by the Bureau, in colla bor ation with proper government agencies, to prevent the introduction of pests, insects and/or diseases detrimental to the forests.

Section 30

R ationalization of the Wood or Forest Products Industry

While the expansion and integr ation of existing wood or forest products processing plants, as well as the esta blishment of new processing plants shall be encour aged, their locations and

oper ations shall be regulated in order to r ationalize the whole industry.

No expansion or integr ation of existing processing plant nor esta blishment of new processing plant shall be allowed unless environmental consider ations are tak en into account and adequate

r aw material supply on a sustained-yield basis is assured.

A long-term assur ance of r aw material source from forest concessions and/or from industrial tree plantations, tree f arms or agro-forest f arms whose annual allowa ble cut and/or whose harvest is

deemed sufficient to meet the requirement of such processing plant shall govern, among others, the gr ant of the privilege to esta blish, install additional ca pacity or oper ate a processing plant.

Henceforth within one year from the date of this law, as a condition to exercise of the privileges gr anted them under a license agreement, license. lease or permit, wood or forest products

processors without forest concessions or areas that may be developed into industrial tree plantations, tree f arms or agro-forest f arms and licensees, lessees or permittees without

processing plants shall jointly adopt any feasible scheme or schemes, other than log supply contr act, for the a pproval of the Department Head, Provided, That no license agreement, license,

lease or permit including processing plant permit, shall be gr anted or renewed unless said scheme or schemes are submitted to, and a pproved by, the Department Head.



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All processing plants existing, to be expanded, to be integr ated or to be esta blished shall obtain oper ating permits, licenses and/or a pproval from the Bureau or the Department, as the case may be, and shall submit themselves to other regulations related to their oper ation.

The Department Head may cancel, suspend, or phaseout all inefficient, wasteful, uneconomical

or perennially short in r aw material wood or forest products processing plants which are not responsive to the r ationalization progr am of the government. [As amended by PD No. 1569]

Section 31

Wood Wastes, Weed Trees and Residues

Timber licensees shall be encour aged and assisted to gather and save the wood wastes and weed

trees in their concessions, and those with processing plants, the wood residues thereof, for utilization and conversion into wood by-products and derivatives.

Section 32

Log Production and Processing

Unless other wise directed by the President, upon recommendation of the Department Head, the entire production of logs by all timber licensees shall, beginning January 1, 1976 be processed

locally: Provided, That the following conditions must be complied with by those who a pply be allowed to export a portion of their log production to be determined by the Department Head

such that the total log export of these timber licensees shall not exceed twenty-five percent (25%) of the total national allowa ble cut:

1. Timber licensees with existing via ble processing plants; or

2. Timber licensees with processing projects duly a pproved by the Department Head; or

3. Timber licensees who have acquired via ble processing machinery and equipment which will be installed and will become oper ational in accordance with the schedule

a pproved by the Department Head; and

4. Timber licensees whose log export support or are in line with, government-a pproved

tr ade agreement.

Provided, f ur ther , That no person shall be given a permit to export if he has not complied with the requirements on replanting and reforestation. Provided, That the President may, upon

recommendation of the Department Head, whenever the export price of logs f alls to unreasona bly low level or whenever public interest so requires, cancel log exportation or reduce

the maximum allowa ble proportion for log exports.

All timber licensees who have no processing plant and who have no plan to esta blish the same

shall, jointly with wood processors, adopt a scheme or schemes for the processing of the log

production in accordance with Section 30 hereof . [As amended by PD No. 865, and by PD No.1559]

C.Reforestation



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Section 33Lands to be Reforested and/or Afforested

Lands to be reforested and/or afforested are as follows:

a. Public forest lands:

b. Bare or gr ass-covered tr acts of forest lands;

c. Brushlands or tr acts of forest lands gener ally covered with brush, which need to be developed to increase their productivity;

d. Open tr acts of forest lands interspersed with patches of forest;

e. Denuded or inadequately timbered areas proclaimed by, the President as forest

reserves and reservations as critical watersheds, national par k s, game refuge, bird sanctuaries, national shrines, national historic sites;

f . Inadequately-stock forest lands within forest concessions;

g. Portions of areas covered by pasture leases or permits needing immediate

reforestation;

h. River bank s, easements, road right-of-ways, deltas, swamps, former river beds, and beaches.

i. Private Lands:

j. Portions of private lands required to be reforested or planted to trees pursuant to

Presidential Decree Nos. 953 and 1153 and other existing laws. [As amended by PD No.1559. PD 1153 repealed by EO No. 287, s. 1987]

Section 34Industrial Tree Plantations, Tree Farms and Agro-Forestry Farms

A lease for a period of fifty (50) years for the esta blishment of an industrial tree plantations, tree f arm or agro-forestry f arm, may be gr anted by the Department Head, upon recommendation of

the Director, to any person qualified to develop and exploit natur al resources, over timber or forest lands of the public domain categorized in Section 33(1) hereof except those under

par agr a phs d and g with a minimum area of one hundred (100) hectares for industrial tree plantations and agro-forestry f arms and ten (10) hectares for tree f arms: Provided, That the size

of the area that may be gr anted under each category shall, in each case, depend upon the ca pa bility of the lessee to develop or convert the area into productive condition within the term

of the lease.

The lease may be gr anted under such terms and conditions as the Department Head may prescribe, tak ing into account, among others, the r aw material needs of forest based and other

industries and the maintenance of a wholesome ecological balance.



62

Trees and other products r aised within the industrial tree plantation, tree f arm or agro-forestry f arm belong to the lessee who shall have the right to sell, contr act, convey, or dispose of said planted trees and other products in any manner he sees fit, in accordance with existing laws, rules

and regulations.

Reforestation projects of the Government, or portion thereof, which, upon field evaluation, are found to be more suita ble for, or can better be developed as industrial tree plantations, tree f arms

or agro-forestry f arms, in terms of benefits to the Government and the gener al surrounding area, may be the subject of a lease under this Section. [As amended by PD No. 1559]

Section 35

Property

Over any suita ble area covered by a timber license agreement or permit, the priority to esta blish

industrial tree plantation, tree f arms or agro-forestry f arm shall be given to the holder thereof after the Bureau had determined the suita bility of such area and has set aside the same for the

purpose.

The priority herein gr anted must, however, be availed of within a reasona ble period other wise the area shall be declared open to any qualified person and consequently segregated from the

licensee¶s or permittee¶s area.

Priority shall also be given to the esta blishment of communal industrial tree plantations by bar angays, municipalities or cities and provinces. [As amended by PD No. 1559]

Section 36Incentives

To encour age qualified persons to engage in industrial tree plantation, tree f arm and/or agro-

forest f arm, the following incentives are gr anted:

a. Payment of a nominal filing fee of fifty centavos (P0.50) per hectare;

b. No rental shall be collected during the first five (5) years from the date of the lease,

from the sixth year to the tenth year, the annual rental shall be fifty centavos (P0.50) per hectare; and thereafter, the annual rental shall be one peso (P 1.00) per hectare: Provided,

That lessees of areas long denuded, as certified by the Director and a pproved by the Department Head, shall be exempted from the payment of rental for the full term of the

lease which shall not exceed twenty-five (25) years; for the first five (5)-years following the renewal of the lease, the annual rental shall be fifty centavos (P0.50) per hectare; and

thereafter, the annual rental shall be one peso (P1.00) per hectare: Provided, further, That notwithstanding the foregoing, no rental shall be collected from a lessee who, upon

verification by the Bureau, substantially meets the schedule of development of the industrial tree plantation, the tree f arm, or agro-forestry f arm, as the case may be, as

prescribed in the development plan submitted to, and a pproved by the Department Head, upon recommendation of the Director;

c. The forest charges paya ble by a lessee on the timber and other forest products grown

and cut or gathered in an industrial tree plantation, tree f arm, or agro-forestry f arm shall



63

only be twenty-five percent (25%) of the regular forest charges prescribed in the NationalInternal Revenue Code;

d. Exemption from the payment of the percentage tax levied in Title V of the NationalInternal Revenue Code when the timber and forest products are sold, bartered or

exchanged by the lessee, whether in their original state or not, as well as exemption from all forms of sales tax, local and municipal taxes, and from the real property tax under the

provisions of Presidential Decree No. 853;

e. A lessee shall not be subject to any obligation prescribed in, or arising out of, the provisions of the National Internal Revenue Code on withholding of tax at source upon

interest paid on borrowing incurred for development and oper ation of the industrial tree plantation, tree f arm, or agro-forestry f arm;

f . Except when public interest demands, the boundaries of an area covered by an industrial tree plantation, tree f arm, or agro-forestry f arm lease, once esta blished on the

ground, shall not be altered or modified;

g. Amounts expended by a lessee in the development and oper ation of an industrial tree plantation, tree f arm, or agro-forestry f arm prior to the time when the production state is

reached, may, at the option of the lessee, be regarded as ordinary and necessary business expenses or as ca pital expenditures;

h. The Board of Investments shall, notwithstanding its nationality requirement on

projects involving natur al resources, classify industrial tree plantations, tree f arms and agro-forestry f arms as pioneer areas of investment under its annual priority plan, to be

governed by the rules and regulations of said Board;

In addition to the incentives under this section, private landowners who engage in tree

f arming on areas fifty hectares or below by planting their lands with Ipil-ipil and other f ast growing trees shall be exempt from the inventory requirement and other requirements

before harvest as provided in this Decree for lessees of forest lands of the public domain:Provided, That the tr ansport of trees cut shall be accompanied by the corresponding

certificate of origin duly issued by the authorized forest officer . [As added by BP Blg.701, a pproved April 5, 1984]

i. Approved industrial tree plantations, tree f arms, and agro-forestry f arms shall be given

priority in securing credit assistance from the government and government-supported financing institutions which shall set aside adequate funds for lending to the lessee and/or

investor at reasona ble interest r ates;

j. The lessee and its field employees and wor k ers shall be exempted from the provisions of Presidential Decree No. 1153;

k. Government institutions administering or financing progr ams and projects requiring wood materials shall specify the purchase of, or utilize, manuf actured products derived

from trees grown and harvested from industrial tree plantations, tree f arms or agro-forestry f arms, whenever possible;



64

l. No wood, wood products or wood-derivated products including pul p pa per, pa perboard shall be imported if the same are availa ble in required quantities and reasona ble prices, as may be certified by the Department Head, from artificial or man-made forests, or local

processing plants manuf acturing the same;

m. No processing plant of whatever nature or type, made of or utilization, as primary materials shall be allowed to be esta blished, expanded or integr ated, and oper ated without

a long-term assur ance or r aw materials source from forest concessions and/or from industrial tree plantations, tree f arms or agro-forestry f arms in accordance with Section

30 hereof;

n. Timber grown and harvested from industrial tree plantations, tree f arms and agro-forestry f arms may be exported without restriction in quantity or volume, and if the

exporter is the same person or firm qualified and allowed to export logs under the provisions of this Decree, such timber from plantations/f arms may be exported exclusive

of the quantity or volume authorized under Section 32 hereof : Provided, That the rentals on the forest land and the forest charges on the plantation timber shall have been paid:

Provided, further, That the export of the plantation timber shall be covered by a

certificate to export issued by the Department Head on a year ly basis: Provided, finally, That the Department Head may at any time review the exportation of timber harvested from the plantations/f arms and either reduce or totally suspend the export of such

plantation timber whenever public interest so requires; and

o. Free technical advice from government foresters and f arm technicians.

The Department Head may provide other incentives in addition to those hereinafter gr anted to

promote industrial tree plantations, tree f arms and agro-forestry f arms in special areas such as, but not limited to, those where there are no roads or where e roads are inadequate, or areas with

rough topogr a phy and remote areas f ar from processing plants. [As amended by PD No. 1559]

D.Forest Protection Section 37

Protection of All Resources

All measures shall be tak en to protect the forest resources from destruction, impairment and

depletion.

Section 38Control of Concession Area

In order to achieve the effective protection of the forest lands and the resources thereof from illegal entry, unlawful occupation, kaingin, fire, insect infestation, theft, and other forms of forest destruction, the utilization of timber therein shall not be allowed except through license

agreements under which the holders thereof shall have the exclusive privilege to cut all the allowa ble harvesta ble timber in their respective concessions, and the additional right of

occupation, possession, and control over the same, to the exclusive of all others, except the government, but with the corresponding obligation to adopt all the protection and conservation

measures to ensure the continuity of the productive condition of said areas, conforma bly with multiple use and sustained yield management.



65

If the holder of a license agreement over a forest area expressly or impliedly waives the privilege to utilize any softwood, hardwood or mangrove species therein, a license may be issued to another person for the harvest thereof without any right of possession or occupation over the

areas where they are found, but he shall, lik ewise, adopt protection and conservation measures consistent with those adopted by the license agreement holder in the said areas.

Section 39

Regulation of Timber Utilization in All Other Classes of Lands and of Processing Plants

The utilization of timber in aliena ble and disposa ble lands, private lands, civil reserve preservations, and all lands containing standing or felled timber including those under the

jurisdiction of other government agencies, and the esta blishment and oper ation of sawmills and other wood-processing plants, shall be regulated in order to prevent them from being used as

shelters for excessive and unauthorized harvests in forest lands, and shall not therefore be allowed except through a license agreement, license, lease or permit.

Section 40Timber Inventory in Other Lands Containing Standing or Felled Timber

The Bureau shall conduct a one hundred percent (100%) timber inventory in aliena ble and

disposa ble lands and civil reservations immediately upon classification or reservation thereof .

No harvest of standing or felled timber in aliena ble and disposa ble lands, private lands, civilreservation, and all other lands, including those under the jurisdiction of other government

agencies, shall be allowed unless a one hundred percent (100%) timber inventory has been conducted thereon.

Section 41Sworn Timber Inventory Reports

All reports on timber inventories of forest lands, aliena ble and disposa ble lands, private lands,

civil reservations, and all lands containing standing or felled timber must be subscribed and sworn to by all the forest officers who conducted the same.

Section 42

Participation in the Development of Aliena ble and Disposa ble Lands and Civil Reservations

The privilege to harvest timber in aliena ble and disposa ble lands and civil reservations shall be

given to those who can best hel p in the delineation and development of such areas in accordance with the management plan of the a ppropriate government exercising jurisdiction over the same.

The extent of participation shall be based on the amount of timber which may be harvested

therefrom.

Section 43Swamplands and Mangrove Forests

Strips of mangrove forest bordering numerous islands which protect the shoreline, the shoreline roads, and even coastal communities from the destructive force of the sea during high winds and



66

typhoons, shall be maintained and shall not be alienated. Such strips must be k ept from artificialobstruction so that f lood water will f low unimpeded to the sea to avoid f looding or inundation of cultivated areas in the upstream.

All mangrove swamps set aside for coast-protection purposes shall not be subject to clear-cutting

oper ation.

Mangrove and other swamps released to the Bureau of Fisheries and Aquatic Resources for fishpond purposes which are not utilized, or which have been a bandoned for five (5) years from

the date of such release shall revert to the category of forest land.

Section 44

Visitorial Power

The Department Head may, by himself or thru the Director or any qualified person duly designated by the Department Head, investigate, inspect and examine records, book s and other

documents relating to the oper ation of any holder of a license agreement, license, lease, or permit, and its subsidiary or affiliated companies to determine compliance with the terms and

conditions thereof, this Code and pertinent laws, policies, rules and regulations.

Section 45Authority of Forest Officers

When in the performance of their official duties, forest officers, or other government officials or employees duly authorized by the Department Head or Director, shall have free entry into areas

covered by a license agreement, license, lease or permit.

Forest officers are authorized to administer oath and tak e ack nowledgment in official matters connected with the functions of their office, and to tak e testimony in official investigations

conducted under the authority of this Code and the implementing rules and regulations.

Section 46Scaling Stations

In colla bor ation with a ppropriate government agencies, the Bureau shall esta blish control or scaling stations at suita bly located outlets of timber and other forest products to insure that they

were legally cut or harvested.

Section 47Mining Oper ations

Mining oper ations in forest lands shall be regulated and conducted with due regard to protection,

development and utilization of other surf ace resources.

Location, prospecting, explor ation, utilization or exploitation of miner al resources in forest

reservations shall be governed by Mining laws, rules and regulations. No location, prospecting, explor ation, utilization, or exploitation of miner al resources inside forest concessions shall be

allowed unless proper notice has been served upon the licensees thereof and the prior a pproval of the Director, secured.



67

Mine tailings and other pollutants affecting the health and safety of the people, water, fish, vegetation, animal life and other surf ace resources, shall be filtered in silt tr a ps or other filtr ation devices and only clean exhausts and liquids shall be released therefrom.

Surf ace-mined areas shall be restored to as near its former natur al configur ation or as a pproved

by the Director prior to its a bandonment by the mining concern.

Section 48Miner al Reservations

Miner al reservations which are not the subject of mining oper ations or where oper ations have been suspended for more than five (5) years shall be placed under forest management by the

Bureau.

Miner al reservations where mining oper ations have been terminated due to the exhaustion of its miner als shall revert to the category of forest land, unless other wise reserved for other purposes.

Section 49

Roads and Other Infr astructure

Roads and other infr astructure in forest lands shall be constructed with the least impairment to

the resource values thereof .

Government agencies undertak ing the construction of roads, bridges, communications, and other infr astructure and installations inside forest lands, shall coordinate with the Bureau, especially if

it will involve the utilization or destruction of timber and/or other forest resources, or watershed disturbance therein, in order to adopt measures to avoid or reduce damage or injury to the forest

resource values.

They shall lik ewise extend assistance in the planning and esta blishment of roads, wharves, piers, port f acilities, and other infr astructure in locations designated as wood-processing centers or for

the convenience of wood-based industries.

In order to coincide and conform to government plans, progr ams, standards, and specifications,

holders of license agreements, licenses, leases and permits shall not undertak e road or infr astructure construction or installation in forest lands without the prior a pproval of the

Director, or in aliena ble and disposa ble lands, civil reservations and other government lands, without the a pproval of the government agencies having administr ative jurisdiction over the

same.

All roads and infr astructure constructed by holders of license agreements, licenses, leases and permits belong to the State and the use and administr ation thereof shall be tr ansferred to the

government immediately upon the expir ation or termination thereof . Prior thereto the Bureau may authorize the public use thereof, if it will not be detrimental to forest conservation measures.

Where roads are utilized by more than one commercial forest user, the Bureau shall prescribe the terms and conditions of joint use including the equita ble sharing of construction and/ or

maintenance costs, and of the use of these roads by other parties and the collection of such fees as may be deemed necessary.



68

Section 50Logging Roads

There shall be indiscriminate construction of logging roads.

Such roads shall be str ategically located and their widths regulated so at to minimize clear-cutting, unnecessary damage or injury to healthy residuals, and erosion. Their construction must

not only serve the tr ansportation need of the logger, but, most importantly, the requirement to save as many healthy residuals as possible during cutting and hauling oper ations.

Section 51Management of Occupancy in Forest Lands

Forest occupancy shall henceforth be managed. The Bureau shall study, determine and defined

which lands may be the subject of occupancy and prescribed therein, an agro-forestry development progr am.

Occupants shall undertak e measures to prevent and protect forest resources. Any occupancy in

forest land which will result in sedimentation, erosion, reduction in water yield and impairment of other resources to the detriment of community and public interest shall not allowed.

In areas a bove 50% in slope, occupation shall be conditioned upon the planting of desir a ble trees thereon and/or adoption of other conservation measures.

Section 52

Census of Kaingineros, Squatters, Cultur al Minorities and Other Occupants and Residents in Forest Lands

Henceforth, no person shall enter into forest lands and cultivate the same without lease or permit.

A complete census of kaingineros, squatters, cultur al minorities and other occupants and residents in forest lands with or without authority or permits from the government, showing the

extent of their respective occupation and resulting damage, or impairment of forest resources, shall be conducted.

The Bureau may call upon other agencies of the government and holders of license agreement,

license, lease and permits over forest lands to participate in the census.

Section 53Criminal Prosecution

Kaingineros, squatters, cultur al minorities and other occupants who entered into forest lands and gr azing lands before May 19, 1975, without permit or authority, shall not be prosecuted:

Provided, That they do not increase their clearings: Provided, further, That they undertak e, within two (2) months from notice thereof, the activities to be imposed upon them by the Bureau

in accordance with management plan calculated to conserve and protect forest resources in the area: Provided, finally, That kaingineros, squatters, cultur al minorities and other occupants shall

whenever the best land use of the area so demands as determined by the Director, be ejected and relocated to the nearest accessible government resettlement area. [As amended by PD No. 1559]



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Section 58Diffusion of Benefits

The privilege to utilize, exploit, occupy, or possess forest lands, or to conduct any activity

therein, or to esta blish and oper ate wood-processing plants, shall be diffused to as many qualified

and deserving a pplicants as possible.

Section 59Citizenship

In the evaluation of a pplications of corpor ations, increased Filipino equity and participation beyond the 60% constitutional limitation shall be encour aged. All other f actors being equal, the

a pplicant with more Filipino equity and participation shall be preferred.

Section 60Financial and Technical Ca pa bility

No license agreement, license, lease or permit over forest lands shall be issued to an a pplicant

unless he proves satisf actorily that he has the financial resources and technical ca pa bility not only to minimize utilization, but also to pr actice forest protection, conservation and development

measures to insure the perpetuation of said forest in productive condition.

Section 61

Tr ansfers

Unless authorized by the Department Head, no licensee, lessee, or permittee may tr ansfer, exchange, sell or convey his license agreement, license, lease or permit, or any of his rights or

interests therein, or any of his assets used in connection therewith.

The licensee, lessee or permittee shall be allowed to tr ansfer or convey his license agreement, license, lease or permit only if the license, lease or permit has been in existence for at least three

(3) years, the licensee, lessee or permittee has not violated any forestry law, rule or regulation and has been f aithfully complying with the terms and conditions of the license agreement,

license, lease or permit, the tr ansferee has all the qualifications and none of the disqualifications to hold a license agreement, license, lease or permit, there is no evidence that such tr ansfer of

conveyance is being made for purposes of speculation; and the tr ansferee shall assume all the obligations of the tr ansferor .

As used in this section, the term assets shall not include cattle and other livestock s or animals r aised in gr azing lands and forest lands, and planted trees and other products r aised in industrial

tree plantations, tree f arms and agro-forestry f arms. [As amended by PD No. 1559]

Section 62Service Contr acts

The Department Head, may in the national interest, allow forest products licensees, lessees or permittees to enter into service contr acts for financial, technical, management, or other forms of

assistance, in consider ation of a fee, with any foreign person or entity for the explor ation, development, exploitation or utilization of the forest resources, covered by their license



71

agreements, licenses, leases or permits. Existing valid and binding service contr acts for financial, technical, management or other forms of assistance are hereby recognized as such.

Section 63Equity Sharing

Every corpor ation holding a license agreement, license, lease or permit to utilize, exploit, occupy

or possess any forest land, or conduct any activity therein, or esta blish and oper ate a wood- processing plant, shall within one (1) year after the effectivity of this Code, formulate and submit

to the Department Head for a pproval a plan for the sale of at least twenty percent (20%) of its subscribed ca pital stock in f avor of its employees and la borers.

The plan shall be so implemented that the sale of the shares of stock shall be effected by the corpor ation not later than the sixth year of its oper ation, or the first year of the effectivity of this

Code, if the corpor ation has been in oper ation for more than 5 years prior to such effectivity.

No corpor ation shall be issued any license agreement, license, lease or permit after the effectivity of this Code, unless it submits such a plan and the same is a pproved for implementation within

the sixth year of its oper ation.

The Department Head shall promulgate the necessary rules and regulations to carry out the provisions of this section, particular ly on the determination of the manner of payment f actors

affecting the selling price, esta blishment of priorities in the purchase of the shares of stock , and the ca pa bility of the deserving employees and la borers. The industries concerned shall extend all

assistance in the promulgation of policies on the matter, such as the submission of all data and information relative to their oper ation, personnel management, and asset evaluation.

G.Regulatory Fees

Section 64Equity Sharing

Every corpor ation holding a license agreement, license, lease or permit to utilize, exploit, occupy

or possess any forest land, or conduct any activity therein, or esta blish and oper ate a wood- processing plant, shall within one (1) year after the effectivity of this amendatory Decree,

formulate and submit to the Department Head for a pproval a plan for the sale of at least ten percent (10%) of its subscribed ca pital stock in f avor of employees, la borers and the gener al

public.

The plan shall be so implemented that the sale of the shares of stock shall be effected by the

corpor ation not later than the sixth year of its oper ation, or the first year of the effectivity of this amendatory Decree, if the corpor ation has been in oper ation for more than five (5) years prior to

such effectivity.

No corpor ation shall be issued any license agreement, license, lease or permit after the effectivity of this amendatory Decree, unless it submits such a plan and the same is a pproved for

implementation within the sixth year of its oper ation.



72

The Department Head shall promulgate the necessary rules and regulations to carry out the provisions of this section, particular ly on the determination of the manner of payment, f actors affecting the selling price, esta blishment of priorities in the purchase of the shares of stock , and

the prepar ation of a fund to ensure the financial ca pa bility of the deserving employees and la borers. The industries concerned shall extend all assistance in the promulgation of policies on

the matter, such as the submission of all data and information relative to their oper ation, personnel management and asset evaluation. [As amended by PD No. 1559]

Section 65

Authority of Department Head to Impose Other Fees

In addition to the fees and charges imposed under existing laws, rules and regulations, the Department Head is hereby authorized, upon recommendation of the Director and in consultation

with representatives of the industries affected, to impose other fees for forest protection, management, reforestation, and development, the proceeds of which shall accrue into a special

deposit of the Bureau as its revolving fund for the aforementioned purposes.

Section 66

Collection and Disbursement

The collection of the charges and fees a bove-mentioned shall be the responsibility of the Director or his authorized representative. The Director shall remit his monthly collection of fees and

charges mentioned in Section 64 to the Treasurer of the Philippines within the first ten (10) days of the succeeding month; Provided, That the proceeds of the collection of the fees imposed under

Section 65 and the special deposit heretofore required of licensees shall be constituted into arevolving fund for such purposes and be deposited in the Philippine National Bank , as a special

deposit of the Bureau. The Budget Commissioner and the National Treasurer shall effect the quarter ly releases out of the collection accruing to the gener al fund upon request of the Director

on the basis of a consolidated annual budget of a wor k progr am a pproved by the Department

Head and the President.

In the case of the special deposit revolving fund, withdr awals therefrom shall be effected by the

Department Head on the basis of a consolidated annual budget prepared by the Director of awor k progr am for the specific purposes mentioned in Section 65.

Section 67Basis of Assessment

Tree measurement shall be the basis for assessing government charges and other fees on timber

cut and removed from forest lands, aliena ble or disposa ble lands, and the civil reservations;

Provided, That until such time as the mechanics of tree measurement shall have been developed and promulgated in rules and regulations, the present scaling method provided for in the NationalInternal Revenue Code shall be used.

The Director may, with the a pproval of the Department Head, prescribe a new method of assessment of forest products and collection of charges thereon based upon the result of

production cost and mar k et studies undertak en by the Bureau; Provided, That such charges shallnot be lower than those now imposed.



73

H.Taxation for Forest Products

Section 68

Measuring of Forest Products and Invoicing and Collection of Charges Thereon

The duties incident to the measuring of forest products shall be discharged by the Bureau of

Forest Development under regulations of the Ministry of Natur al Resources (now, Secretary of Environment and Natur al Resources). The invoicing and collection of the charges thereon shall

be done by the Bureau of Internal Revenue under regulations a pproved by the Minister of Finance (now Department of Finance). [As amended by BP Blg. 83, Sept. 17, 1980]

Section 69Mode of Measuring Timber

Except as herein below provided, all timber shall be measured and manifested in the round or

squared, before being sawn or manuf actured. The volume of all round timber shall be ascertained by multiplying the area of the small and by the length of the log, the diameter of the log to be

measured exclusive of the bar k ; but if the end of a log is irregular, the aver age diameter shall be used; and in order to ascertain the volume of a log more than eight meters long, the diameter of

the middle of said log or the aver age of the diameters at both ends thereof shall be used as basis.If a log in the round, cut under license, is measured and manifested by forest officers, the

Director of Forest Development shall mak e due allowance for rot, cavities or other natur aldefects; but from any decision of the Director of Forest Development in this respect, an a ppeal

shall lie to his Ministry Head (now, Department Head), whose decision shall be final. The manifest of timber cut by licensees oper ating sawmills in or near the forest shall be attested by

forest of officers whenever pr actica ble.

The volume of squared timber shall be ascertained by multiplying the aver age of the cross

section measured by the length, to which forty per centum shall be added for loss in squaring:Provided, however, That if squared timber cut under license is measured and manifested by forest officers, the Director of Forest Development shall mak e due allowance for rot, cavities, or

other natur al defects; but from any decision of the Director of Forest Development in this respect, an a ppeal shall lie to his Ministry Head (Department Head), whose decision shall be

final. The privilege of manifesting timber after squaring shall, however, be gr anted only to licensees who have squared their logs in the forests with the ax and intend to tak e it to the mar k et

in this form.

If sawn or other wise manuf actured timber is found which has not been manifested in accordance

with the provisions hereof, the corresponding forest charges shall be assessed on twice the

volume of the actual contents of such sawn or manuf actured timber . [As amended by BP Blg. 83, Sept. 17, 1980]

Section 70Charges on Timber Cut in Forestland

There shall be collected charges on each cubic meter of timber cut in forestland, whether belonging to the first, second, third or fourth group, twenty-five percent (25%) of the actual FOB

mar k et price based on species and gr ading: Provided, however, That, in the case of pul pwood



74

and matchwood cut in forestland, forest charges on each cubic meter shall be ten percent (10%) of the actual FOB mar k et price. [As amended by RA No. 7161, 10 Oct. 1991]

Section 71Charges on Firewood, Br anches and Other Recover a ble Wood Wastes of Timber

Except for all mangrove species whose cutting shall be banned, there shall be collected forest

charges on each cubic meter of firewood cut in forestland, br anches and other recover a ble wood wastes of timber, such as timber ends, tops and stumps when used as r aw materials for the

manuf acture of finished products. Ten pesos (P10.00).

Only third or fourth group wood can be tak en for firewood. However, if jointly authorized by the

Secretaries of both the Departments of Environment and Natur al Resources and Agriculture, first and second group woods may be removed for firewood purposes from land which is more

valua ble for agricultur al than for forest purposes. [As amended by RA No. 7161]

Section 72Charges on Minor Forest Products

All other forest products of forestland which are not covered by the preceding sections shall be

exempt from any or all forest charges, except r attan, gums and resins, bees-wax, guta percha, almaciga resin and bamboo which shall be charged at ten percent (10%) of the actual FOB

mar k et price. [As amended by RA No. 7161]

Section 73

Effectivity and Application of Forest Charges and Determination of Mar k et Price of Forest Products

The r ates of forest charges provided for in Sections 70, 71 and 72 hereof shall be effective upon

a pproval of this Act. The new r ates shall be published in the Official Gazette or in two (2) newspa pers of national circulation and shall also be posted in conspicuous places in the different

Department of Environment and Natur al Resources field offices.

The actual FOB mar k et price of forest products shall be justly determined once a year by the Secretary of Environment and Natur al Resources: Provided, That he shall cause the creation of a

committee to be composed of representatives of the Department of Environment and Natur alResources, the National Economic Development Authority the Department of Tr ade and

Industry, the Bureau of Internal Revenue and the wood and furniture industry and consumer sectors which shall formulate the criteria and/or guidelines in the determination of the actual

FOB mar k et price to be used as the basis for the assessment of the ad valorem tax. Tak ing into

consider ation production cost (developing cost, contingencies and miscellaneous cost), species and gr ade of timber, government share, reforestation, tariff duties, taxes, risk involved and areasona ble margin of profit for domestic and export mar k et prices for wood and wood products.

These forest charges shall be a pplied to natur ally growing timber and forest products gathered within public forestlands, aliena ble and disposa ble lands and private lands. Forest charges

collected shall be in lieu of the administr ative charge on environment and other fees and charges imposed thereon: Provided, That planted trees and other forest products harvested from industrial



75

tree plantations and private lands covered by existing tiller or by a pproved land a pplication are exempted from payment of forest charges. [As amended by RA No. 7161]

Section 74Charges on Gums, Resins,

and Other Forest Products

On gums, resins, r attan, and other forest products of forest lands which are not herein a bove provided for, there is herein imposed upon the person removing such forest product a charge of

ten per centum of the actual mar k et value thereof, determined in the manner indicated below.

The mar k et value of the various forest products on which forest charges may thus be collected

shall be determined from time to time by a joint assessment of the Commissioner and the Director of Forest Development, to be a pproved by their respective Ministry Heads (Department

Heads), the same to be published for the information of public in the Official Gazette, in two daily newspa per of national circulation, and posted in a conspicuous place in the municipal

building of a municipality concerned. [As amended by BP Blg. 83]

Section 75Tax Exemptions of Forest Products

Lawfully Removed under Gr atuitous License

No charges shall be collected on forest products removed in conformity with the terms of agr atuitous license of the Bureau of Forest Development and in compliance with the law and the

regulations of such Bureau. [As amended by BP Blg. 83]

Section 76

Tax Exemption of Trees and Products Removed from Public Lands under a Tree Farm Lease

No charges shall be collected on trees and products removed from public lands planted to ipil-ipil and/or f alcata under a tree f arm lease with the Government. [As amended by BP Blg. 83]

Section 77

Time, Manner and Place of Payment of Forest Charges

The charges on forest products herein imposed shall be paya ble at the time of the removal from or utilization of the same within the concession area.

Before removing any forest product subject to forest charges, the person lia ble to the said tax

shall file, in duplicate, a return setting forth the quantity, volume and the specie of the forest product to be removed and pay the forest charges due thereon to the revenue district officer,

collection agent, or duly authorized treasurer of the municipality of the place where the timber concession is located or where the forest products were gathered and removed, except as herein

below provided.

With the a pproval of the Commissioner, lumber may be removed from a sawmill situated on a

licensed citing area upon the giving of a bond conditioned upon the monthly payment of the charges due on the output of such mill. He may also authorize the shipment of forest products



76

under auxiliary invoices without the prepayment of charges in special cases where the prepayment of the charges at the point of origin would result in undue hardship, if the owner of concessionaire shall first file a bond with the Bureau of Internal Revenue in the form and amount

and with such sureties as the Commissioner may require, conditioned upon the payment of the forest charges at the point of destination or at such time and place as the Commissioner may

direct. However, if any forest products are removed, the Commissioner of Internal Revenue or his duly authorized representatives shall first be notified of such removal on a form prescribed

for the purpose to be filed with the revenue district officer of the place where the concession is located or where the forest products were gathered and removed. It shall be the duty of every

licensee to mak e a true and complete return in duplicate setting forth the quantity, volume and the specie of the forest product removed during each calendar quarter, or the balance, if any, in

cases where payments are made upon removal, and pay the taxes due thereon within twenty days after the end of each quarter to the revenue district officer, collection agent, or duly authorized

treasurer of the municipality of the place where the timber concession is located or where the forest products were gathered and removed.

In case the taxes are not paid within the period prescribed a bove, there shall be added thereto a

surcharge of twenty-five per centum, the increment to be a part of the tax and the entire unpaid

amount shall be subject to interest at the r ate of twenty per centum per annum. Where a f alse or fr audulent return is made, there shall be added to the taxes a surcharge of fifty per centum of their amount, and the entire unpaid amount shall be subject to interest at the r ate of twenty per

centum per annum. The amounts so added shall be collected in the same manner and as part of the taxes, as the case may be. [As amended by BP Blg. 83]

CHAPTER IV

CRIMINAL OFFENSES AND PENALTIES

Section 78Cutting, Gathering and/or Collecting Timber, or Other Forest Products Without License

Any person who shall cut, gather, collect, remove timber or other forest products from any forestland, or timber from aliena ble or disposa ble public land, or from private land, without any authority, or possess timber or other forest products without the legal documents as required

under existing forest laws and regulations, shall be punished with the penalties imposed under Articles 309 and 310 of the Revised Penal Code: Provided, That in the case of partnership,

associations, or corpor ations, the officers who ordered the cutting, gathering, collection or possession shall be lia ble, 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 Immigr ation and Deportation.

The Court shall further order the confiscation in f avor of the government of the timber or any

forest products cut, gathered, collected, removed, or possessed, as well as the machinery, equipment, implements and tools illegally used in the area where the timber or forest products are found. [As amended by PD No. 1559, and by EO No. 277, prom. July 25, 1987, 83 OG No.

31, Aug. 3, 1987]

Section 78-A Administr ative Authority of the Department Head

or His Duly Authorized Representative to Order Confiscation



77

In all cases of violations of this Code or other forest laws, rules and regulations, the Department Head or his duly authorized representative, may order the confiscation of any forest products illegally cut, gathered, removed, or possessed or a bandoned, and all conveyances used either by

land, water or air in the commission of the offense and to dispose of the same in accordance with pertinent laws, regulations or policies on the matter . [As added by EO No. 277]

Section 78-B

Rewards to Informants

Any person who shall provide any information leading to the a pprehension and conviction of any offender for any violation of this Code or other forest laws, rules and regulations, or confiscation

of forest products, shall be given a reward in the amount of twenty per centum (20%) of the proceeds of the confiscated forest products. [As added by EO No. 277]

Section 79Unlawful Occupation or

Destruction of Forest Lands and Gr azing Lands

Any person who enters and occupies or possesses, or mak es kaingin for his own private use or for others, any forest land or gr azing land without authority under a license agreement, lease,

license or permit, or in any manner destroys such forest land or gr azing land or part thereof, or causes any damage to the timber stand and other products and forest growth found therein, or

who assists, aids or a bets any other person to do so, or sets a fire, or negligently permits a fire to be set in any forest land or gr azing land, or refuses to vacate the area when ordered to do so,

pursuant to the provisions of Section 53 hereof shall, upon conviction, be fined in an amount of not less than five hundred pesos (P500.00), nor more than twenty thousand pesos (P20,000.00)

and imprisoned for not less than six (6) months nor more than two (2) years for each such offense, and be lia ble to the payment of ten (10) times to the rental fees and other charges which

would have accrued had the occupation and use of the land been authorized under a license

agreement, lease, license or permit: Provided, That in the case of an offender found guilty of mak ing kaingin, the penalty shall be imprisonment for not less than two (2) nor more than four (4) years and a fine equal to eight (8) times the regular forest charges due on the forest products

destroyed, without prejudice to the payment of the full cost of production of the occupied area as determined by the Bureau: Provided, further, That the maximum of the penalty prescribed herein

shall be imposed upon the offender who repeats the same offense and double the maximum of the penalty upon the offender who commits the same offense for the third time.

In all cases, the Court shall further order the eviction of the offender from the land the forfeiture

to the government of all improvements made and all vehicles, domestic animals and equipment of any k ind used in the commission of the offense. If not suita ble for use by the Bureau, said

vehicles, domestic animals, equipment and improvements shall be sold at public auction, the proceeds of which shall accrue to the Development Fund of the Bureau.

In case the offender is a government official or employee, he shall, in addition to the a bove penalties be deemed automatically dismissed from office and permanently disqualified from

holding any elective or a ppointive position. [As amended by PD No. 1559]

Section 80Pasturing Livestock



78

Imprisonment for not less than six (6) months nor more than two (2) years and a fine equal to ten (10) times the regular rentals due, in addition to the confiscation of such livestock and allimprovements introduced in the area in f avor of the government, shall be imposed upon any

person, who shall, without authority under a lease or permit, gr aze or cause to gr aze livestock in forest lands, gr azing lands and aliena ble and disposa ble lands which have not as yet been

disposed of in accordance with the Public Land Act; Provided, That in case the offender is acorpor ation, partnership or association, the officers and directors thereof shall be lia ble.

Section 81

Illegal Occupation of National Par k s System and Recreation Areas and Vandalism Therein

Any person who, shall, without permit, occupy for any length of time any portion of the national par k s system or shall, in any manner cut, destroy, damage or remove timber or any species of

vegetation or forest cover and other natur al resources found therein, or shall mutilate, def ace or destroy objects of natur al beauty or of scenic value within areas in the national par k s system,

shall be fined not less than five hundred pesos (P500.00) pesos or more than twenty thousand (P20,000.00) pesos exclusive of the value of the thing damaged; Provided, That if the area

requires reha bilitation or restor ation as determined by the Director, the offender shall also be

required to restore or compensate or the restor ation of the damage: Provided, further, That any person who, without proper permit shall hurt, ca pture or k ill any k ind of bird, fish or wild animallife within the area in the national par k s system shall be subject to the same penalty: Provided,

finally, That the Court shall order eviction of the offender from the land and the forfeiture in f avor of the government of all timber or any species or vegetation and other natur al resources

collected or removed, and any construction or improvement made thereon by the offender . If the offender is an association or corpor ation, the president or manager shall be directly responsible

and lia ble for the act of his employees or la borers.

In the event that an official or employee of a city or municipal government is primarily

responsible for detecting and convicting the violator of the provisions of this section, fifty per

centum (50%) of fine collected shall accrue to such municipality or city for the development of local par k s. [As amended by PD No. 1559]

Section 82Destruction of Wildlife Resources

Any person violating the provisions of Section 55 of this Code, or the regulations promulgated

thereunder, shall be fined not less than one hundred (P100.00) pesos for each such violation and in addition shall be denied a permit for a period of three (3) years from the date of the violation.

Section 83

Survey by Unauthorized Persons

Imprisonment for not less than two (2) nor more than four (4) years, in addition to the

confiscation of the implements used in the violation of this section including the cancellation of the license, if any, shall be imposed upon any person who shall, without permit to survey from

the Director, enter any forestlands, whether covered by a license agreement, lease, license, or permit, or not, and conduct or undertak e a survey for whatever purpose.



79

Section 84Misclassification and Survey by Government Official or Employee

Any public officer of employee who k nowingly surveys, classifies, or recommends the release of forestlands as aliena ble and disposa ble lands contr ary to the criteria and standards esta blished in

this Code, or the rules and regulations promulgated hereunder, shall, after an a ppropriate administr ative proceeding, be dismissed from the service with prejudice to re-employment, and

upon conviction by a court of competent jurisdiction, suffer an imprisonment of not less than one (1) year and a fine of not less then one thousand (P1,000.00) pesos. The survey, classification or

release of forestlands shall be null and void.

Section 85Tax Declar ation on Real Property

Imprisonment for a period of not less than two (2) nor more than four (4) years and perpetualdisqualification from holding an elective or a ppointive office, shall be imposed upon any public

officer or employee who shall issue a tax declar ation on real property without a certification from the Director of Forest Development and the Director of Lands or their duly designated

representatives that the area declared for taxation is aliena ble and disposa ble lands, unless the property is titled or has been occupied and possessed by members of the national cultur al

minorities prior to July 4, 1955.

Section 86Coercion and Inf luence

Any person who coerces, inf luences, a bets or persuades the public officer or employee referred

to in Sections 74 and 75 commit any of the acts mentioned therein shall suffer imprisonment of not less than one (1) year and pay a fine of five hundred (P500.00) pesos for every hectare or a

fr action thereof so improper ly surveyed, classified or released.

In all other cases, any person who coerces, inf luences, a bets or persuades the public officer or

employee by using power and inf luence in deciding any pending case or matter in his f avor shall be punished by a fine of not more than five thousand pesos (P5,000.00) and imprisonment of not

less than one (1) year . [As amended by PD No. 1559]

Section 87Payment, Collection

and Remittance of Forest Charges

Any person who f ails to pay the amount due and paya ble under the provisions of this Code, the

National Internal Revenue Code, or the rules and regulations promulgated thereunder, shall be lia ble to the payment of a surcharge of twenty-five per centum (25%) of the amount due and paya ble.

Any person who f ails or refuses to remit to the proper authorities said forest charges collectible pursuant to the provisions of this Code or the National Internal Revenue Code, or who delays,

obstructs or prevents the same, or who orders, causes or effects the tr ansfer or diversion of the funds for purposes other than those specified in this Code, for each such offense shall, upon

conviction, be punished by a fine of not exceeding one hundred thousand pesos (P100,000)



80

and/or imprisonment for a period of not exceeding six (6) years in the discretion of the Court. If the offender is a government official or employee, he shall, in addition, be dismissed from the service with prejudice to reinstatement and with disqualification from holding any elective or

a ppointive office.

If the offender is a corpor ation, partnership or association, the officers and directors thereof shall be lia ble.

Section 88

Sale of Wood Products

No person shall sell or offer for sale any log, lumber, plywood or other manuf actured wood

products in the international or domestic mar k et unless he complies with gr ading rules and esta blished or to be esta blished by the Government.

Failure to adhere to the esta blished gr ading rules and standards, or any act of f alsification of the

volume of logs, lumber, or other forest products shall be a sufficient cause for the suspension of the export, sawmill, or other license or permit authorizing the manuf acture or sale or such

products for a period of not less than two (2) years.

A duly accredited representative of the Bureau shall certify to the compliance by the licenses with gr ading rules.

Every dealer in lumber and other building material covered by this Code shall issue an invoice for each sale of such material and such invoice shall state that the k ind, standard and size of

material sold to each purchaser in exactly the same as described in the invoice. Any violation of this section shall be sufficient ground for the suspension of the dealer¶s license for a period of

not less than two (2) years and, in addition thereto, the dealer shall be punished for each such offense by a fine of not less than two hundred pesos (P200.00) or the total value of the invoice,

whichever is greater .

Section 89Arrest; Institution of Criminal Actions

A forest officer or employee of the Bureau or any personnel of the Philippine Consta bulary/

Philippine National Police shall arrest even without warr ant any person who has committed or is committing in his presence any of the offenses defined in this Cha pter . He shall also seize and

confiscate, in f avor of the Government, the tools and equipment used in committing the offense, and the forest products cut, gathered or tak en by the of offender in the process of committing the

offense. The arresting forest officer or employee shall thereafter deliver within six (6) hours from

the time of arrest and seizure, the offender and the confiscated forest products, tools and equipment to, and file the proper complaint with, the a ppropriate official designated by law to conduct preliminary investigation and file information in Court.

If the arrest and seizure are made in the forest, f ar from the authorities designated by law to conduct preliminary investigations, the delivery to, and filing of the complaint with, the latter

shall be done within a reasona ble time sufficient to the place of delivery. The seized products, materials and equipment shall be immediately disposed of in accordance with forestry

administr ative orders promulgated by the Department Head.



81

The Department Head may deputize any agency, bar angay or barrio official, or any qualified person to protect the forest and exercise the power or authority provided for in the preceding par agr a ph.

Reports and complaints regarding the commission of any of the offenses defined in this Cha pter,

not committed in the presence of any forest officer or employee, or any personnel of the Philippine Consta bulary/Philippine National Police or any of the deputized officers or officials,

shall immediately be investigated by the forest officer assigned in the area or any personnel of the Philippine Consta bulary/Philippine National Police where the offense was allegedly

committed, who shall thereupon receive the evidence supporting the report or complaint.

If there is prima f acie evidence to support the complaint or report, the investigating forest officer and/or members of the Philippine Consta bulary/Philippine National Police shall file the

necessary complaint with the a ppropriate official authorized by law to conduct a preliminary investigation of criminal cases and file an information in Court. [As amended by PD No. 1775]

Section 89-A

The Armed Forces of the Philippines shall organize a special force in every region to hel p enforce the provisions of this act under such rules and regulations as may be agreed upon by the

Secretaries of National Defense and Natur al Resources. [As inserted by PD No. 1559.]

Section 89-BAdministr ative Authority

of the Director to Impose Fines

In all cases of violations of this Code and other forest laws, rules and regulations where fine is

the principal penalty, the Director is hereby authorized to impose administr atively the penalty consisting of the fine. [As inserted by PD No. 1559]

Section 90

Separ a bility Clause

Should any provision herein be subsequently declared unconstitutional, the same shall not affect the validity or the legality of the other provisions.

Section 91Repealing Clause

Presidential Decree Nos. 330, and 389, C.A. No. 452, R .A. No. 4715 and all laws, orders, rules

and regulations or any part thereof which are inconsistent herewith are hereby repealed or amended accordingly.

Section 92

Date of Effectivity

This Code shall tak e effect immediately upon promulgation.



82

A pproved: May 19, 1975

Water Quality Management

y RA 9275: Philippine Clean Water Act of 2004

The law that provides a comprehensive water pollution

control policy. Specifically, this legislative intends to a pply

water quality management in all water bodies in order to

implement a batement and control of pollution from land

based sources.

y PD 1067: Water Code of the Philippines



83

Republic Act No. 9275

AN ACT PROVIDING FOR A COMPREHENSIVE WATER QUALITY

MANAGEMENT AND FOR OTHER PURPOSES

Be it enacted by the S enate and Hou se of Repr e sentat ive s of the P hili ppine s in Con gr e ssa ssembl ed :

CHAPTER 1

GENERAL PROVISIONS

ARTICLE 1 DECLARATION OF PRINCIPLES AND POLICIES

SECTION 1. Short Title. - This Act shall be k nown as the "Philippine Clean Water Act of 2004."

SECTION 2. Declaration of P olicy. - The State shall pursue a policy of economic growth in a

manner consistent with the protection, preservation and revival of the quality of our fresh, br ack ish and marine waters. To achieve this end, the fr amewor k for sustaina ble development

shall be pursued. As such, it shall be the policy of the State:

a) To streamline processes and procedures in the prevention, control and a batement of pollution of the country's water resources;

b) To promote environmental str ategies, use of a ppropriate economic instruments and of control mechanisms for the protection of water resources;

c) To formulate a holistic national progr am of water quality management that recognizes

that water quality management issues cannot be separ ated from concerns a bout water sources and ecological protection, water supply, public health and quality of life;

d) To formulate an integr ated water quality management fr amewor k through proper

delegation and effective coordination of functions and activities;



84

e) promote commercial and industrial processes and products that are environment friendly and energy efficient;

f) To encour age cooper ation and self-regulation among citizens and industries through the a pplication of incentives and mar k et-based instruments and to promote the role of

private industrial enterprises in sha ping its regulatory profile within the accepta ble boundaries of public health and environment;

g) To provide for a comprehensive management progr am for water pollution focusing on

pollution prevention;

h) To promote public information and education and to encour age the participation of an

informed and active public in water quality management and monitoring;

i) To formulate and enforce a system of accounta bility for short and long-term adverse environmental impact of a project, progr am or activity; and

j) To encour age civil society and other sectors, particular ly la bor, the academe and

business undertak ing environment-related activities in their efforts to organize, educate and motivate the people in addressing pertinent environmental issues and problems at the

local and national levels.

SECTION 3. Coverage of t he Act . - This Act shall a pply to water quality management in all

water bodies: Provided, That it shall primarily a pply to the a batement and control of pollution from land based sources: Provided, further, That the water quality standards and regulations and

the civil lia bility and penal provisions under this Act shall be enforced irrespective of sources of pollution.

ARTICLE 2

DEFINITION OF TERMS

SECTION 4. Definition of Terms. - As used in this Act:

a) Aquifer - means a layer of water-bearing rock located underground that tr ansmits

water in sufficient quantity to supply pumping wells or natur al springs.

b) Aquatic life - means all organisms living in freshwater, br ack ish and marine environment.

c) Beneficial use - means the use of the environment or any element or segment thereof

conducive to public or private welf are, safety and health; and shall include, but not be limited to, the use of water for domestic, municipal, irrigation, power gener ation,

fisheries, livestock r aising, industrial, recreational and other purposes.

1. Use of water for domestic purposes - means the utilization of water for

drink ing, washing, bathing, cook ing or other household needs, home gardens and watering of lawns or domestic animals;



85

2. Use of water for municipal purposes - means the utilization of water for supplying water requirements of the community;

3. Use of water for irrigation - means the utilization of water for producing agricultur al crops;

4. Use of water for power gener ation - means the utilization of water for

producing electrical or mechanical power;

5. Use of water for fisheries - means the utilization of water for the propagation of

culture of fish as a commercial enterprise;

6. Use of water for livestock r aising - means the utilization of water for large herds or f lock s of animals r aised as a commercial enterprise;

7. Use of water for industrial purposes - means the utilization of water in

f actories, industrial plants and mines, including the use of water as an ingredient of a finished product; and

8. Use of water for recreational purposes - means the utilization of water for swimming pools, bath houses, boating, water sk iing, golf courses and other

similar f acilities in resorts and other places of recreation.

d) Classification/Reclassification of Philippine Waters - means the categorization of allwater bodies tak ing into account, among others, the following: (1) existing quality of the

body of water; (2) size, depth, surf ace area covered, volume, direction, r ate of f low and gr adient of stream; (3) most beneficial existing and future use of said bodies of water and

lands bordering them, such as for residential, agricultur al, aquacultur al, commercial, industrial, navigational, recreational, wildlife conservation and aesthetic purposes; and

(4) vulner a bility of surf ace and groundwater to contamination from pollutive and hazardous wastes, agricultur al chemicals and underground stor age tank s of petroleum

products.

e) Civil Society - means non-government organizations ( NGOs) and people's organizations (POs).

f) Cleaner Production - means the a pplication of an integr ated, preventive environmentalstr ategy to processes, products, services to increase efficiency and reduce risk to humans

and the environment;

g) Clean-up oper ations - means activities involving the removal of pollutants discharged or spilled into a water body and its surrounding areas, and the restor ation of the affected

areas to their former physical, chemical and biological state or conditions.

h) Contamination - means the production of substances not found in the natur alcomposition of water that mak e the water less desir a ble or unfit desir a ble or unfit for intended use.

i) Department - means the Department of Environment and Natur al Resources.



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j) Discharge includes, but is not limited to, the act of spilling, leak ing, pumping, pouring, emitting, emptying, releasing or dumping of any material into a water body or onto land from which it might f low or dr ain into said water .

k ) Drink ing water- means water intended for human consumption or for use in food

prepar ation.

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

eff luent coming from commercial, industrial, and domestic sources which are within the eff luent standards.

m) Eff luent - means discharge from k nown sources which is passed into a body of water or land, or wastewater f lowing out of a manuf acturing plant, industrial plant including

domestic, commercial and recreational f acilities.

n) Eff luent standard - means any legal restriction or limitation on quantities, r ates, and/or concentr ations or any combination thereof, of physical, chemical or biological par ameters

of eff luent which a person or point source is allowed to discharge into a body of water or land.

o) Environmental management - means the entire system which includes, but is not

limited to, conservation, regulation and minimization of pollution, clean production, waste management, environmental law and policy, environmental education and

information, study and mitigation of the environmental impacts of human activity, and environmental research.

p) Environmental management system - means the part of the over all management system that includes organizational structure, planning activities, responsibilities,

pr actices, procedures, processes and resources for developing, implementing, achieving, reviewing and maintaining the environment policy.

q) Freshwater - means water containing less than 500 ppm dissolved common salt,

sodium chloride, such as that in groundwater, rivers, ponds and lak es.

r) Groundwater - means a subsurf ace water that occurs beneath a water ta ble in soils and rock s, or in geological formations.

s) Groundwater vulner a bility - means relative ease with which a contaminant located at or near the land surf ace can migr ate to the aquifer or deep well.

t) Groundwater vulner a bility ma p - means the identified areas of the land surf ace where

groundwater quality is most at risk from human activities and shall ref lect the different degrees of groundwater vulner a bility based on a r ange of soil properties and hydro

geological criteria to serve as guide in the protection of the groundwater from contamination.

u) Hazardous waste - means any waste or combination of wastes of solid liquid, contained gaseous, or semi-solid form which cause, of contribute to, an increase in



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mortality or an increase in serious irreversible, or inca pacitating reversible illness, tak ing into account toxicity of such waste, its persistence and degr ada bility in nature, its potential for accumulation or concentr ation in tissue, and other f actors that may other wise

cause or contribute to adverse acute or chronic effects on the health of persons or organism.

v) Industrial waste - means any solid, semi-solid or liquid waste material with no

commercial value released by a manuf acturing or processing plant other than excluded material.

w) Integr ated Water Quality Management Fr amewor k - means the policy guideline

integr ating all the existing fr amewor k s prepared by all government agencies contain the following; water quality goals and targets; ( b) period of compliance; (c) water pollution

control str ategies and techniques; (d) water quality information and education progr am; (e) human resources development progr am.

x) Margin - means a landward and outer limiting edge adjacent to the border of any water bodies or a limit beyond where beyond where satur ation zone ceases to exist.

y) National Water Quality Status Report - means a report to be prepared by the

Department indicating: a) the location of water bodies, their quality, tak ing into account seasonal, tidal and others variations, existing and potential uses and sources of pollution

per specific pollutant and pollution load assessment; b) water quality management areas pursuant to Section 5 of this Act; c) and water classification.

z) Non-point source - means any source of pollution not identifia ble as point source to

include, but not be limited to, runoff from irrigation or r ainwater, which pick s up pollutants from f arms and urban areas.

aa) Point source - means any identifia ble source of pollution with specific point of discharge into a particular water body.

bb) Pollutant- shall refer to any substance, whether solid, liquid, gaseous or r adioactive,

which directly or indirectly:

(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;

(iii) imparts objectiona ble odor, temper ature change, or physical, chemical or biological change to any segment of the water body; or

(iv) is in excess of the allowa ble limits, concentr ations, or quality standards

specified, or in contr avention of the condition, limitation or restriction prescribed in this Act.

cc) Pollution control technology- means pollution control devices or a ppar atus, processes, or other means that effectively prevent control or reduce pollution of water caused by



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eff luents and other discharges, from any point source at levels within the water pollution standards.

dd) Potentially infectious medical waste- include isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated

bedding, surgical wastes, and other disposa ble medical equipment and material that may pose a risk to the public health, welf are or the marine environment.

ee) Secretary - means the Secretary of the Department of Environmental and Natur al

Resources (DENR).

ff) Septage - means the sludge produced on individual onsite wastewater disposal

systems, principally septic tank s and cesspools.

gg) Sewage - means water-borne human or animal wastes, excluding oil or oil wastes, removed from residences, building, institutions, industrial and commercial esta blishments

together with such groundwater, surf ace water and storm water as maybe present including such waste from vessels, offshore structures, other receptacles intended to

receive or retain waste or other places or the combination thereof .

hh) Sewer age - includes, but is not limited to, any system or networ k of pipelines, ditches, channels, or conduits including pumping stations, lift stations and force mains,

service connections including other constructions, devices, and a ppliances a ppurtenant thereto, which includes the collection, tr ansport, pumping and treatment of sewage to a

point of disposal.

ii) Sludge - means any solid, semi-solid or liquid waste or residue gener ated from a

wastewater treatment plant, water supply treatment plant, or water control pollution f acility, or any other such waste having similar char acteristics and effects.

jj) Surf ace water - means all water, which is open to the atmosphere and subject to

surf ace runoff .

kk ) Treatment - means any method, technique, or process designed to alter the physical, chemical or biological and r adiological char acter or composition of any waste or

wastewater to reduce or prevent pollution.

ll) Toxic amount - means the lowest amount of concentr ation of toxic pollutants, which

may cause chronic or long-term acute or lethal conditions or effects to the aquatic life, or health of persons or which may adversely affect designated water uses.

mm) Waste - means any material either solid, liquid, semisolid, contained gas or other

forms resulting industrial, commercial, mining or agricultur al oper ations, or from community and household activities that is devoid of usage and discarded.

nn) Wastewater - means waste in liquid state containing pollutants.

oo) Water body - means both natur al and man-made bodies of fresh, br ack ish, and saline waters, and includes, but is not limited to, aquifers, groundwater, springs, creek s, streams,



89

rivers, ponds, lagoons, water reservoirs, lak es, bays, estuarine, coastal and marine waters.Water bodies do not refer to those constructed, developed and used purposely as water treatment f acilities and / or water stor age for recycling and re-use which are integr al to

process industry or manuf acturing.

pp) Water Pollution - means any alter ation of the physical, chemical, biological, or r adiological properties of a water body resulting in the impairment of its purity or quality.

qq) Water Quality - means the char acteristics of water, which define its use in

char acteristics by terms of physical, chemical, biological, bacteriological or r adiologicalchar acteristics by which the accepta bility of water is evaluated.

rr) Water quality guidelines - means the level for a water constituent or numerical values of physical, chemical, biological and bacteriological or r adiological par ameters which are

used to classify water resources and their use, which does not result in significant health risk and which are not intended for direct enforcement but only for water quality

management purposes, such as determining time trends, evaluating stages of deterior ation or enhancement of the water quality, and as basis for tak ing positive action in preventing,

controlling or a bating water pollution.

ss) Water Quality Management Area Action Plan - includes, but not be limited to, the following: (a) goals and targets including sewer age or septage progr am, ( b) schedule of

compliance to meet the a pplica ble requirements of this Act; (c) water pollution controlstr ategies or techniques; (d) water quality information and education progr am; e) resource

requirement and possible sources; f) enforcement procedures of the plan and (g) rewards and incentives under Cha pter 4 of this Act.

CHAPTER 2

WATER QUALITY MANAGEMENT SYSTEM

ARTICLE 1

GENERAL PROVISIONS

SECTION 5. Water Quality Management Area. - The Department, in coordination with National Water Resources Board ( NWR B), shall designate certain areas as water quality

management areas using a ppropriate physiogr a phic units such as watershed, river basins or water resources regions. Said management areas shall have similar hydrological, hydrogeological,

meteorological or geogr a phic conditions which affect the physicochemical, biological and bacteriological reactions and diffusions of pollutants in the water bodies, or other wise share

common interest or f ace similar development progr ams, prospects or problems.

Said management area shall be governed by a governing board composed of representatives of mayors and governors of member local government units (LGUs), and representatives of relevant national government agencies, duly registered non-governmental organization, water

utility sector, and business sector . The Department representative shall chair the governing board. In the case of the LGUs with memberships on more than one (1) management board, the

LGU shall designate only one (1) single representative for all the management areas wherein is amember .



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The governing board shall formulate str ategies to coordinate policies necessary for the effective implementation of this Act in accordance with those esta blished in the fr amewor k and monitor the compliance with the action plan.

Each management area shall create a multi-sector al group to esta blish and affect water quality

surveillance and monitoring networ k including sampling schedules and other similar activities.The group shall submit its report and recommendation to the chairman of the governing board.

A technical secretariat for each management area is hereby created which shall be part of the

department and shall provide technical support to the governing board. They shall be composed of at least four (4) members who shall have the following minimum qualifications:

a) One (1) member shall be a member of the Philippines Bar;

b) One (1) member shall be a Chemical Engineer, Chemist, Sanitary Engineer, Environmental Engineer or Ecologist or significant tr aining and experience in chemistry;

c) One (1) member shall be a Civil Engineer or Hydrologist or Significant tr aining and

experience in closely related fields and experience on ground water, respectively; and

d) One (1) member shall be a Geologist, Biologist, or significant tr aining and experience

in closely related fields.

The areas within the jurisdiction of the Laguna Lak e Development Authority (LLDA) shall be designated as one management area under the administr ation of LLDA in accordance with R .A.

No. 4850, as amended: Provided, However, That the standards promulgated pursuant to this Act and wastewater charge system esta blished pursuant hereof shall be enforced in said area.

SECTION 6. Management of Non-attainment Areas. - The Department shall designate water

bodies, or portions thereof, where specific pollutants from either natur al or man-made source have already exceeded water quality guidelines as non-attainment areas for the exceeded

pollutants. It shall prepare and implement a progr am that will not allow new sources of exceeded water pollutant in non-attainment areas without a corresponding reduction in discharges from

existing sources; Provided, That if the pollutant is natur ally occurring, e.g. natur ally high boron and other elements in geothermal areas, discharge of such pollutant may be allowed: Provided,

further, That the eff luent concentr ation of discharge shall not exceed the natur ally occurring levelof such pollutant in the area: Provided, Finally, That the eff luent concentr ation and volume of

discharge shall not adversely affect water supply, public health and ecological protection.

The Department shall, in coordination with NWR B, Department of Health (DOH), Department

of Agriculture (DA), governing board and other concerned government agencies and private sectors shall tak e such measures as may be necessary to upgr ade the quality of such water in

non-attainment areas to meet the standards under which it has been classified.

U pgr ading of water quality shall lik ewise include undertak ings, which shall improve the water quality of a water body to a classification that will meet its projected or potential use.



91

The LGUs shall prepare and implement contingency plans and other measures including relocation, whenever necessary, for the protection of health and welf are of the residents within potentially affected areas.

SECTION 7. National S ewerage and S eptage Management P rogram. - The Department of

Public Wor k s and Highways (DPWH), through its relevant attached agencies, in coordination with the Department, local government units (LGUs) and other concerned agencies, shall, as

soon as possible, but in no case exceeding a period of twelve (12) months from the affectivity of this Act, prepare a national progr am on sewer age and septage management in connection with

Section 8 hereof .

Such progr am shall include a priority listing of sewer age, septage and combined sewer age-septage projects for LGUs based on population density and growth, degr adation of water

resources, topogr a phy, geology, vegetation, progr am/projects for the reha bilitation of existing f acilities and such other f actors that the Secretary may deem relevant to the protection of water

quality. On the basis of such national listing, the national government may allot, on an annual basis, funds for the construction and reha bilitation of required f acilities.

Each LGU shall a ppropriate the necessary land, including the required rights-of-way/road access to the land for the construction of the sewage and/or septage treatment f acilities.

Each LGU may r aise funds to subsidize necessary expenses for the oper ation and maintenance of

sewer age treatment or septage f acility servicing their area of jurisdiction through local property taxes and enforcement of a service fee system.

SECTION 8. Domestic S ewage Collection, Treatment and Disposal . - Within five (5) years

following the effectivity of this Act, the Agency vested to provide water supply and sewer age f acilities and/or concessionaires in Metro Manila and other highly urbanized cities (HUCs) as

defined in Republic Act No. 7160, in coordination with LGUs, shall be required to connect the

existing sewage line found in all subdivisions, condominiums, commercial centers, hotels, sports and recreational f acilities, hospitals, mar k et places, public buildings, industrial complex and other similar esta blishments including households to availa ble sewer age system. Provided, That

the said connection shall be subject to sewer age services charge/fees in accordance with existing laws, rules or regulations unless the sources had already utilized their own sewer age system:

Provided, further, That all sources of sewage and septage shall comply with the requirements herein.

In areas not considered as HUCs, the DPWH in coordination with the Department, DOH and other concerned agencies, shall employ septage or combined sewer age-septage management

system.

For the purpose of this section, the DOH, coordination with other government agencies, shallformulate guidelines and standards for the collection, treatment and disposal of sewage including

guidelines for the esta blishment and oper ation of centr alized sewage treatment system.

SECTION 9. National Water Quality Management Fund . - A water quality management fund,

to be administered by the Department, in coordination with other concerned agencies, as aspecial account in the National Treasury is hereby esta blished. The fund shall be used to finance

the following:



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a) Finance containment and clean-up oper ations of the government in water pollution cases;

b) Guar antee restor ation of ecosystems and reha bilitation of affected areas;

c) Support research, enforcement and monitoring activities;

d) Provide technical assistance to the implementing agencies;

e) Gr ant rewards and incentives;

f) Support information and educational campaign; and

g) Such other disbursements made solely for the prevention, control or a batement of water pollution and management and administr ation of the management areas in the

amounts authorized by the Department.

The fines imposed and damages awarded to the government by the Pollution Adjudication Board

(PAB), proceeds of permits issued by the Department under this Act, donations, endowments and gr ants in the form of contributions to the national government under this Act shall form part of the fund. Such donations, endowments and gr ants shall be exempt from donor's taxes and all

other taxes, charges or fees imposed by the government and shall be deductible from the gross income of the donor for income tax purposes.

Disbursements from the fund shall be subject to the usual accounting and budgeting rules and

regulations.

SECTION 10. T he Area Water Quality Management Fund . - The area water quality

management fund is hereby esta blished for the maintenance and upk eep of the water bodies in a

water quality management area. The fund shall be utilized for the gr ant of rewards and incentives for entities whose eff luent discharges are better than the water quality criteria of the target classification of the receiving body of water, loans for acquisitions and repairs of f acilities to

reduce quantity and improve quality of wastewater discharges, and regular maintenance of the water bodies within the management area.

An amount of not more than ten percent (10%) of the total amount accruing to the funds annually

shall be allocated for the oper ational expenses of the governing board, its secretariat and multi-sector al water quality surveillance and monitoring networ k.

This fund shall initially be sourced from the fines incurred by the esta blishments located in rur al

areas before the effectivity of this Act. Thereafter, the fees collected under the wastewater charge system esta blished under Section 13 of this Act, donations, endowments and gr ants for water

quality management of the area shall accrue to the fund.

Disbursements from the fund shall be subject to the usual accounting and budgeting rules and

regulations. This fund shall be managed by the Board of the corresponding management area.

SECTION 11. Water Quality Variance for Geot hermal and Oil and Gas Exploration. - The Department may provide variance in water quality criteria and standards for geothermal



93

explor ation that encounters re-injection constr aints: Provided, That there shall be provision for adequate protection of beneficial use of water bodies, downstream of the geothermal project:Provided, further, That this provision may be a pplied to oil and gas explor ation as determined by

the Department.

SECTION 12. Categories of Industry S ector . - Within twenty-four (24) months from the effectivity of this Act, and every two (2) years thereafter, the Department shall, through due

public consultation, revise and publish a list of categories of industry sector for which eff luent standards will be provided for each significant wastewater par ameter per industry sector .

The Department shall provide additional classification based on other par ameters specifically

associated to discharge of a particular industry which shall be included in the listing of categories prescribed in the preceding par agr a ph.

ARTICLE 2 WATER POLLUTION PERMITS AND CHARGES

SECTION 13. Wastewater C harge S ystem. - The Department shall implement a wastewater

charge system in all management areas including the Laguna Lak e Region and RegionalIndustrial Centers through the collection of wastewater charges/fees. The system shall be

esta blished on the basis of payment to the government for discharging wastewater into the water bodies. Wastewater charges shall be esta blished tak ing into consider ation the following:

a) To provide strong economic inducement for polluters to modify their production or

management processes or to invest in pollution control technology in order to reduce the amount of water pollutants gener ated;

b) To cover the cost of administering water quality management or improvement progr ams;

c) Ref lect damages caused by water pollution on the surrounding environment, including

the cost of reha bilitation;

d) Type of pollutant;

e) Classification of the receiving water body; and

f) Other special attributes of the water body.

The fee shall be based on the net waste load depending on the wastewater, charge formula which

shall be esta blished with due public consultation within six (6) months from the effectivity of this Act: Provided, That net waste load shall refer to the difference of the initial waste load of the

a bstr acted water and the waste load of the final eff luent discharge of an industry

PRESIDENTIAL DECREE No. 1067

December 31, 1976



94

A DECREE INSTITUTING A WATER CODE, THEREBY REVISING AND

CONSOLIDATING THE LAWS GOVERNING THE OWNERSHIP, APPROPRIATION,

UTILIZATION, EXPLOITATION, DEVELOPMENT, CONSERVATION AND

PROTECTION OF WATER RESOURCES

WHEREAS, Article XIV, Section 8 of the New Constitution of the Philippines provides, inter alia, that all waters of the Philippines belong to the State;

WHEREAS, existing water legislations are piece-meal and inadequate to cope with increasing

scarcity of water and changing patterns of water use;

WHEREAS, there is a need for a Water Code based on r ational concepts or integr ated and

multipurpose management of water resources and sufficiently f lexible to adequately meet future developments;

WHEREAS, water is vital to national development and it has become increasingly necessary for

government to intervene actively in improving the management of water resources;

NOW, THEREFORE, I, FER DINAND E. MARCOS, President of the Philippines, by virtue of the powers in me vested by the Constitution, do hereby order and decree the enactment of the

water Code of the Philippines of 1976, as follows:

CHAPTER I

DECLARATION OF OBJECTIVES AND PRINCIPLES

Article 1. This Code shall be k nown as The Water Code of the Philippines.

Article 2. The objectives of this Code are:

(a) To esta blish the basic principles and fr amewor k relating to the a ppropriation, controland conservation of water resources to achieve the optimum development and r ationalutilization of these resources;

( b) To define the extent of the rights and obligations of water users and owners including

the protection and regulation of such rights;

(c) To adopt a basic law governing the ownership, a ppropriation, utilization, exploitation, development, conservation and protection of water resources and rights to land related

thereto; and

(d) To identify the administr ative agencies which will enforce this Code.

Article 3. The under lying principles of this code are:

(a) All waters belong to the State.

( b) All waters that belong to the State can not be the subject to acquisitive prescription.

(c) The State may allow the use or development of waters by administr ative concession.



95

(d) The utilization, exploitation, development, conservation and protection of water resources shall be subject to the control and regulation of the government through the National Water Resources Council, hereinafter referred to as the Council.

(e) Preference in the use and development of waters shall consider current usages and be

responsive to the changing needs of the country.

Article 4. Waters, as used in this Code, refers to water under the grounds, water a bove the ground, water in the atmosphere and the waters of the sea within the territorial jurisdiction of the

Philippines.

CHAPTER II

OWNERSHIP OF WATERS

Article 5. The following belong to the State:

(a) Rivers and their natur al beds;

( b) Continuous or intermittent waters of springs and brook s running in their natur al beds and the beds themselves;

(c) Natur al lak es and lagoons;

(d) All other categories of surf ace waters such as water f lowing over lands, water from r ainf all whether natur al, or artificial, and water from agriculture runoff, seepage and

dr ainage;

(e) Atmospheric water;

(f) Subterr anean or ground waters; and,

(g) Seawater .

Article 6. The following waters found on private lands belong to the State:

(a) Continuous or intermittent waters rising on such lands;

( b) Lak es and lagoons natur ally occuring on such lands;

(c) R ain water f alling on such lands;

(d) Subterr anean or ground waters; and,

(e) Water in swamps and marshes.

The owner of the land where the water is found may use the same for domestic purposes without securing a permit, provided that such use shall be registered, when required by the Council. The

Council, however, may regulate such when there is wastage, or in times of emergency.



96

Article 7. Subject to the provisions of this Code, any person who ca ptures or collects water by means of cisterns, tank s, or pools shall have exclusive control over such water and the right to dispose of the same.

Article 8. Water legally a ppropriated shall be subject to the control of the a ppropriator from the

moment it reaches the a ppropriator's canal or aqueduct leading to the place where the water will be used or stored and, thereafter, so long as it is being beneficially used for the purposes for

which it was a ppropriated.

CHAPTER III

APPROPRIATION OF WATERS

Article 9. Waters may be a ppropriated and used in accordance with the provisions of this Code.

Appropriation of water, as used in this Code, is the acquisition of rights over the use of waters or the tak ing or diverting of waters from a natur al source in the manner and for any purpose

allowed by law.

Article 10. Water may be a ppropriated for the following purposes:

(a) Domestic

( b) Municipal

(c) Irrigation

(d) Power gener ation

(e) Fisheries

(f) Livestock r aising

(g) Industrial

(h) Recreational, and

(i) Other purposes

Use of water for domestic purposes is the utilization of water for drink ing, washing, bathing, cook ing or other household needs, home gardens, and watering of lawns or domestic animals.

Use of water for municipal purposes is the utilization of water for supplying the water

requirements of the community.

Use of water for irrigation is the utilization of water for producing agricultur al crops.

Use of water for power gener ation is the utilization of water for producing electrical or

mechanical power .



97

Use of water for fisheries is the utilization of water for the propagation and culture of fish as acommercial enterprise.

Use of water for livestock r aising is the utilization of water for large herds or f lock s of animals r aised as a commercial enterprise.

Use of water for industrial purposes is the utilization of water in f actories, industrial plants and

mines, including the use of water as an ingredient of a finished product.

Use of water for recreational purposes is the utilization of water for swimming pools, bath

houses, boating, water sk iing, golf courses and other similar f acilities in resorts and other places of recreation.

Article 11. The State, for reasons of public policy, may declare waters not previously

a ppropriated, in whole or in part, exempt from a ppropriation for any or all purposes and, thereupon, such waters may not be a ppropriated for those purposes.

Article 12. Waters a ppropriated for a particular purpose may be a pplied for another purpose only

upon prior a pproval of the Council and on condition that the new use does not unduly prejudice the rights of other permittees, or require an increase in the volume of water .

Article 13. Except as other wise herein provided, no person, including government instrumentalities or government-owned or controlled corpor ations, shall a ppropriate water

without a water right, which shall be evidenced by a document k nown as a water permit.

Water right is the privilege gr anted by the government to a ppropriate and use water .

Article 14. Subject to the provisions of this Code concerning the control, protection, conservation, and regulation of the a ppropriation and use of waters, any person may a ppropriate

or use natur al bodies of water without securing a water permit for any of the following:

(a) Appropriation of water by means of handcarried receptacles; and

( b) Bathing or washing, watering or dipping of domestic or f arm animals, and navigation

of watercr afts or tr ansportation of logs and other objects by f lotation.

Article 15. Only citizens of the Philippines, of legal age, as well as juridical persons, who are duly qualified by law to exploit and develop water resources, may a pply for water permits.

Article 16. Any person who desires to obtain a water permit shall file an a pplication with the

Council who shall mak e k nown said a pplication to the public for any protests.

In determining whether to gr ant or deny an a pplication, the Council shall consider the following:

protests filed, if any; prior permits gr anted; the availa bility of water; the water supply needed for beneficial use; possible adverse effects; land-use economics; and other relevant f actors.

U pon a pproval of an a pplication, a water permit shall be issued and recorded.



98

Article 17. The right to the use of water is deemed acquired as of the date of filing of the a pplication for a water permit in case of a pproved permits, or as of the date of actual use in acase where no permit is required.

Article 18. All water permits gr anted shall be subject to conditions of beneficial use, adequate

standards of design and construction, and such other terms and conditions as may be imposed by the Council.

Such permits shall specify the maximum amount of water which may be diverted or withdr awn,

the maximum r ate of diversion or withdr awal, the time or times during the year when water may be diverted or withdr awn, the points or points of diversion or location of wells, the place of use,

the purposes of which water may be used and such other requirements the Council deems desir a ble.

Article 19. Water rights may be leaded or tr ansferred in whole or in part to another person with prior a pproval of the Council, after due notice and hearing.

Article 20. The measure and limit of a ppropriation of water shall be beneficial use.

Beneficial use of water is the utilization of water in the right amount during the period that the

water is needed for producing the benefits for which the water is a ppropriated.

Article 21. Standards of beneficial use shall be prescribed by the council for the a ppropriator of

water for different purposes and conditions, and the use of waters which are a ppropriated shall be measured and controlled in accordance therewith.

Excepting for domestic use, every a ppropriator of water shall maintain water control and

measuring devices, and k eep records of water withdr awal. When required by the Council, alla ppropriators of water shall furnish information on water use.

Article 22. Between two or more a ppropriators of water from the same sources of supply,

priority in time of a ppropriation shall give the better right, except that in times of emergency the use of water for domestic and municipal purposes shall have a better right over all other uses;

Provided, the where water shortage is recurrent and the a ppropriator for municipal use has alower priority in time of a ppropriation, then it shall be his duty to find an alternative source of

supply in accordance with conditions prescribed by the Council.

Article 23. Priorities may be altered on grounds of greater beneficial use, multi-purpose use, and

other similar grounds after due notice and hearing, subject to payment of compensation is proper cases.

Article 24. A water right shall be exercised in such a manner that the rights of third persons or of

other a ppropriators are not prejudiced thereby.

Article 25. A holder of water permit may demand the esta blishment of easements necessary for the construction and maintenance of the wor k s and f acilities needed for the beneficial use of the waters to be a ppropriated subject to the requirements of just compensation and to the following

conditions:



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(a) That he is the owner, lessee, mortgagee or one having real right over the land upon which he proposes to use water; and

( b) That the proposed easement is the most convenient and the least onerous to the servient estate.

Easements relating to the a ppropriation and use of waters may be modified by agreement of the

contr acting parties provided the same is not contr ary to law or prejudicial to third persons.

Article 26. Where water shortage is recurrent, the use of the water pursuant to a permit may, in

the interest of equita ble distribution of the benefits among legal a ppropriators, reduce after due notice and hearing.

Article 27. Water users shall bear the diminution of any water supply due to natur al causes or

force ma jeure.

Article 28. Water permits shall continue to be valid as long as water is beneficially used; however, it maybe suspended on the grounds of non-compliance with a pproved plans and

specifications or schedules of water distribution; use of water for a purpose other than that for which it was gr anted; non-payment of water charges; wastage; f ailure to k eep records of water

diversion, when required; and violation of any term or condition of any permit or rules and regulations promulgated by the Council.

Tempor ary permits may be issued for the a ppropriation and use of water for short periods under special circumstances.

Article 29. Water permits may be revok ed after due notice and hearing on grounds of non-use;

gross violation of the conditions imposed in the permit; unauthorized sale of water; willfulf ailure or refusal to comply with rules and regulations of any lawful order; pollution, public

nuisance or acts detrimental to public health and safety; when the a ppropriator is found to be disqualified under the law to exploit and develop natur al resources of the Philippines; when, in

the case, of irrigation, the land is converted to non-agricultur al purposes; and other similar grounds.

Article 30. All water permits are subject to modification or cancellation by the council, after due

notice and hearing, in f avor of a project of greater beneficial use or for multi-purpose development, and a water permittee who suffers thereby shall be duly compensated by the entity

or person in whose f avor the cancellation was made.

CHAPTER IV

UTILIZATION OF WATERS

Article 31. Preference in the development of water resources shall consider security of the State, multiple use, beneficial effects, adverse effects and costs of development.

Article 32. The utilization of subterr anean or ground water shall be coordinated with that of surf ace waters such as rivers, streams, springs and lak es, so that a superior right in one not

adversely affected by an inferior right in the other .



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For this purpose the Council shall promulgate rules and regulations and declare the existence of control areas for the coordinated development, protection, and utilization of subterr anean or ground water and surf ace waters.

Control area is an area of land where subterr anean or ground water and surf ace water are so

interrelated that withdr awal and use in one similar ly affects the other . The boundary of a controlarea may be altered from time to time, as circumstances warr ant.

Article 33. Water contained in open canals, aqueducts or reservoirs of private persons may be

used by any person for domestic purpose or for watering plants as long as the water is withdr awn by manual methods without check ing the stream or damaging the canal, aqueduct or reservoir;

Provided, That this right may be restricted by the owner should it result in loss or injury to him.

Article 34. A water permittee or a ppropriator may use any watercourse to convey water to

another point in the watercourse for the purpose stated in a permit and such water may be diverted or reca ptured at that point by said permittee in the same amount less allowance for

normal losses in tr ansit.

Article 35. Wor k s for the stor age, diversion, distribution and utilization of water resources shallcontain adequate provision for the prevention and control of diseases that may be induced or

spread by such wor k s when required by the Council.

Article 36. When the reuse of waste water is feasible, it shall be limited as much as possible, to such uses other than direct human consumption. No person or agency shall distribute such water

for public consumption until it is demonstr ated that such consumption will not adversely affect the health and safety of the public.

Article 37. In the construction and oper ation of hydr aulic wor k s, due consider ation shall be given to the preservation of scenic places and historical relics and, in addition to the provisions

of existing laws, no wor k s that would required the destruction or removal of such places or relics shall be undertak en without showing that the distribution or removal is necessary and

unavioda ble.

Article 38. Authority for the construction of dams, bridges and other structures across of which may interfere with the f low of naviga ble or f lota ble water ways shall first be secured from the

Department of Public Wor k s, Tr ansportation and Communications.

Article 39. Except in cases of emergency to save life or property, the construction or repair of the following wor k s shall be undertak en only after the plans and specifications therefor, as may

be required by the Council, are a pproved by the proper government agency; dams for the

diversion or stor age of water; structures for the use of water power, installations for the utilization of subterr anean or ground water and other structures for utilization of water resources.

Article 40. No excavation for the purpose of emission of a hot spring or for the enlargement of

the existing opening thereof shall be made without prior permit.

Any person or agency who intends to develop a hot spring for human consumption must first obtain a permit from the Department of Health.



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Article 41. No person shall develop a stream, lak e, or spring for recreational purposes without first securing a permit from the Council.

Article 42. Unless-other wise ordered by the President of the Philippines and only in time of national calamity or emergency, no person shall induce or restr ain r ainf all by any method such as

cloud seeding without a permit from the proper government emergency.

Article 43. No person shall r aise or lower the water level of a river stream, lak e, lagoon, or marsh nor dr ain the same without a permit.

Article 44. Dr ainage systems shall be so constructed that their outlets are rivers, lak es, the sea, natur al bodies of water, or such other water course as may be a pproved by the proper

government agency.

Article 45. When a dr ainage channel is constructed by a number of persons for their common benefit, the cost of construction and maintenance of the channel shall be borne by each in

proportion to the benefits drived.

Article 46. When artificial means are employed to dr ain water from higher to lower land, the owner of the higher land shall select the routes and methods of dr ainage that will cause the

minimum damage to the lower lands, subject to the requirements of just compensation.

Article 47. When the use, conveyance or stor age of waters results in damage to another, the

person responsible for the damage shall pay compensation.

Article 48. When a water resources project interferes with the access of landowner to a portion of his property or with the conveyance of irrigation or dr ainage water, the person or agency

constructing the project shall bear the cost of construction and maintenance of the bridges, f lumes and other structures necessary for maintaining access, irrigation, or dr ainage, in addition

to paying compensation for land and incidental damages.

Article 49. Any person having an easement for an aqueduct may enter upon the servient land for the purpose of cleaning, repairing or replacing the aqueduct or the removal of obstructions

therefrom.

Article 50. Lower estates are obliged to receive the waters which natur ally and without the

intervention of man f low from the higher estate, as well as the stone or earth which they carry with them.

The owner of the lower estate can not construct wor k s which will impede this natur al f low,

unless he provides an alternative method of dr ainage; neither can the owner of the higher estate mak e wor k s which will increase this natur al f low.

Article 51. The bank s of rivers and streams and the shores of the seas and lak es throughout their

entire length and within a zone of three (3) meters in urban areas, twenty (20) meters in agricultur al areas and forty (40) meters in forest areas, along their margins are subject to the easement of public use in the interest of recreation, navigation, f loatage, fishing and salvage. No

person shall be allowed to stay in this zone longer than what is necessary for recreation, navigation, f loatage, fishing or salvage or to build structures of any k ind.



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Article 52. The esta blishment, extent, form, and conditions of easements of water not expressly determined by the provisions of this Code shall be governed by the provisions of the Civil Code.

CHAPTER V

CONTROL OF WATERS

Article 53. To promote the best interest and the coordinated protection of f lood plain lands, the

Secretary of Public Wor k s, Tr ansportation and Communications may declare f lood control areas and promulgate guidelines for governing f lood plain management plans in these areas.

Article 54. In declared f lood control areas, rules and regulations may be promulgated to prohibit or control activities that may damage or cause deterior ation or lak es and dik es, obstruct the f low

of water, change the natur al f low of the river, increase f lood losses or aggr avate f lood problems.

Article 55. The government may construct necessary f lood control structures in declared f lood control areas, and for this purpose it shall have a legal easement as wide as may be needed along

and adjacent to the river bank and outside of the bed or channel of the river .

Article 56. River beds, sand bars and tidal f lats may not be cultivated except upon prior permission from the Secretary of the Department of Public Wor k s, Tr ansportation and

Communication and such permission shall not be gr anted where such cultivation obstructs the f low of water or increase f lood levels so as to cause damage to other areas.

Article 57. Any person may erect levees or revetments to protect his property from f lood, encroachment by the river or change in the course of the river, provided that such constructions

does not cause damage to the property of another .

Article 58. When a river or stream suddenly changes its course to tr averse private lands, the owners of the affected lands may not compel the government to restore the river to its former

bed; nor can they restr ain the government from tak ing steps to revert the river or stream to its former course. The owners of the land thus affected are not entitled to compensation for any

damage sustained thereby. However, the former owners of the new bed shall be the owners of the a bandoned bed in proportion to the area lost by each.

The owners of the affected lands may undertak e to return the river or stream to its old bed at

their own expense; Provided, That a permit therefor is secured from the Secretary of Public Wor k s, Tr ansportation and Communication and wor k pertaining thereto are commenced within

two years from the change in the course of the river or stream.

Article 59. Rivers, lak es and lagoons may, upon the recommendation of the Philippines Coast

Guard, be declared naviga ble either in whole or in part.

Article 60. The r afting of logs and other objects on rivers and lak es which are f lota ble may be controlled or prohibited during designated season of the year with due regard to the needs of

irrigation and domestic water supply and other uses of water .

Article 61. The impounding of water in ponds or reservoirs may be prohibited by the Council

upon consultation with the Department of Health if it is dangerous to public health, or it may



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order that such pond or reservoir be dr ained if such is necessary for the protection of public health.

Article 62. Waters of a stream may be stored in a reservoir by a permittee in such amount as willnot prejudice the right of any permittee downstream. Whoever oper ates the reservoir shall, when

required, release water for minimum stream f low.

All reservoir oper ations shall be subject to rules and regulations issued by the Council or any proper government agency.

Article 63. The oper ator of a dam for the stor age of water may be required to employ an engineer possessing qualifications prescribed for the proper oper ations, maintenance and

administr ation of the dam.

Article 64. The Council shall a pprove the manner, location, depth, and spacing in which borings for subterr anean or ground water may be made, determine the requirements for the registr ation of

every boring or alter ation to existing borings as well as other control measures for the exploitation of subterr anean or ground water resources, and in coordination with the Professional

Regulation Commission prescribe the qualifications of those who would drill such borings.

No person shall drill a well without prior permission from the Council.

Article 65. Water from one river basin may be tr ansferred to another river basin only with

a pproval of the Council. In considering any request for such tr ansfer, the Council shall tak e into account the full costs of the tr ansfer, the benefits that would accrue to the basin of origin without

the tr ansfer, the benefits would accrue to the receiving basin on account of the tr ansfer, alternative schemes for supplying water to the receiving basin, and other relevant f actors.

CHAPTER VI

CONSERVATION AND PROTECTION OF WATERS AND WATERSHEDS ANDRELATED LAND RESOURCES

Article 66. After due notice and hearing when warr anted by circumstances, minimum stream

f lows for rivers and streams, and minimum water levels for lak es may be esta blished by the Council under such conditions as may be necessary for the protection of the environment, control

of pollution, navigation, prevention of salt damage, and gener al public use.

Article 67. Any watershed or any area of land adjacent to any surf ace water or over lying any

ground water may declared by the Department of Natur al Resources as protected area Rules and regulations may be promulgated by such Department to prohibit or control such activities by the

owners or occupants thereof within the protected area which may damage or cause the deterior ation of the surf ace water or ground water or interfere with the investigation, use, control,

protection, management or administr ation of such waters.

Article 68. It shall be the duty of any person in control of a well to prevent the water from f lowing on the surf ace of the land, or into any surf ace water, or any porous str atum under neath

the surf ace without being beneficially used.



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Article 69. It shall be the duty of any person in control of a well containing water with miner als or other substances injurious to man, animals, agriculture, and vegetation to prevent such waters from f lowing on the surf ace of the land or into any surf ace water or into any other aquifer or

porous str atum.

Article 70. No person shall utilize an existing well or pond or spread waters for recharging substerr anean or ground water supplies without prior permission of the Council.

Article 71. To promote better water conservation and usage for irrigation purposes, the merger

of irrigation associations and the a ppropriation of waters by associations instead of by individuals shall be encour aged.

No water permit shall be gr anted to an individual when his water requirement can be supplied through an irrigation association.

Article 72. In the consider ation of a proposed water resource project, due regard shall be given

to ecological changes resulting from the construction of the project in order to balance the needs of development and the protection of the environment.

Article 73. The conservation of fish and wildlife shall receive proper consider ation and shall be

coordinated with other features of water resources development progr ams to insure that fish and wildlife values receive equal attention with other project purposes.

Article 74. Swamps and marshes which are owned by the State and which primary value for waterfowl propagation or other wildlife purposes may be reserved and protected from dr ainage

oper ation and development.

Article 75. No person shall, without prior permission from the National Pollution ControlCommission, build any wor k s that may produce dangerous or noxious substances or perform any

act which may result in the introduction of sewage, industrial waste, or any pollutant into any source of water supply.

Water pollution is the impairment of the quality of water beyond a certain standard. This

standard may vary according to the use of the water and shall be set by the National Pollution Control Commission.

Article 76. The esta blishment of cemeteries and waste disposal areas that may affect the source of a water supply or a reservoir for domestic or municipal use shall be subject to the rules and

regulations promulgated by the Department of Health.

Article 77. Tailings from mining oper ations and sediments from placer mining shall not be dumped into rivers and water ways without prior permission from the Council upon

recommendation by the National Pollution Control Commission.

Article 78. The a pplication of agricultur al fertilizers and pesticides may be prohibited or regulated by the National Pollution Control Commission in the areas where such a pplication may cause pollution of a source of water supply.



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CHAPTER VII

ADMINISTRATION OF WATERS AND ENFORCEMENT OF THE PROVISIONS OF

THIS CODE

Article 79. The Administr ation and enforcement of the provisions of this Code, including the

gr anting of permits and the imposition of penalties for administr ative violations hereof, are hereby vested in the Council, and except in regard to those functions which under this Code are

specifically conferred upon other agencies of the government, the Council is hereby empowered to mak e all decisions and determinations provided for in this Code.

Article 80. The Council may deputize any official or agency of the government to perform any

of its specific functions or activities.

Article 81. The Council shall provide a continuing progr am for data collection, research and

manpower development needed for the a ppropriation, utilization, exploitation, conservation, and protection of the water resources of the country.

Article 82. In the implementation of the provisions of this code, the Council shall promulgate the

necessary rules and regulations which may provide for penalties consisting of a fine not exceeding One Thousand Pesos (P1,000.00) and/or suspension or revocation of the water permit

or other right to the use of water . Violations of such rules and regulations may be administr atively dealt with by the Council.

Such rules and regulations prescribed by any government agency that pertain to the utilization,

exploitation, development, control, conservation, or protection of water resources shall, if the Council so requires, be subject to its a pproval.

Article 83. The Council is hereby authorized to impose and collect reasona ble fees or charges for water resources development from water a ppropriators, except when it is for purely domestic

purposes.

Article 84. The Council and other agencies authorized to enforce this Code are empowered to enter upon private lands, with previous notice to the owner, for the purpose of conducting

surveys and hydrologic investigations, and to perform such other acts as are necessary in carrying out their functions including the power to exercise the right of eminent domain.

Article 85. No progr am or project involving the a ppropriation, utilization, exploitation,

development, control, conservation, or protection of water resources may be undertak en without prior a pproval of the Council, except those which the Council may, in its discretion, exempt.

The Council may require consultation with the public prior to the implementation of certain water resources development projects.

Article 86. When plans and specifications of a hydr aulic structure are submitted for a pproval, the

government agency whose functions embr ace the type of project for which the structure is intended, shall review the plans and specifications and recommended to the Council proper

action thereon and the latter shall a pprove the same only when they are inconformity with the requirements of this Code and the rules and regulations promulgated by the Council.

Notwithstanding such a pproval, neither the engineer who drew up the plans and specifications of



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the hydr aulic structure, nor the constructor who built it, shall be relieved of his lia bility for damages in case of f ailure thereof by reason of defect in plans and specifications, or f ailure due to defect in construction, within ten (10) years from the completion of the structure.

Any action recover such damages must be brought within five (5) years following such f ailure.

Article 87. The Council or its duly authorized representatives, in the exercise of its power to

investigate and decide cases brought to its cognizance, shall have the power to administer oaths, compel the attendance of witnesses by subpoena and the production of relevant documents by

subpoena duces tecum.

Non-compliance of violation of such orders or subpoena and subpoena duces tecum shall be

punished in the same manner as indirect contempt of an inferior court upon a pplication by the aggrieved party with the proper Court of First Instance in accordance with the provisions of

Rules 71 of the Rules of the Court.

Article 88. The Council shall have original jurisdiction over all disputes to relating to a ppropriation, utilization, exploitation, development, control, conservation and protection of

waters within the meaning and context of the provisions of this Code.

The decisions of the Council on water rights controversies shall be immediately executory and the enforcement thereof may be suspended only when a bond, in a amount fixed by the Council

to answer for damages occasioned by the suspension or stay of execution, shall have been filed by the a ppealing party, unless the suspension is virtue of an order of a competent court.

All dispute shall be decided within sixty (60) days after the parties submit the same for decision or resolution.

The Council shall have the power to issue writs of execution and enforce its decisions with the

assistance of local or national police agencies.

Article 89. The decisions of the Council on water rights controversies may be a ppealed to the Court of First Instance of the province where the subject matter of the controversy is situated

within fifteen (15) days from the date the party a ppealing receives a copy of the decision, on any of the following grounds; (1) gr ave a buse of discretion; (2) question of law; and (3) questions of

f act and law.

CHAPTER VIII

PENAL PROVISIONS

Article 90. The following acts shall be penalized by suspension or revocation of the violator's water permit or other right to the use of water and/or a fine of not exceeding One Thousand

Pesos (P1,000.00), in the discretion of the Council:

(a)Appropriation of subterr anean or ground water for domestic use by an over lying landowner without registr ation required by the Council.

( b) Non-observance of any standard of beneficial use of water .



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(c) Failure of the a ppropriator to k eep a record of water withdr awal, when required.

(d) Failure to comply with any of the terms or conditions in a water permit or a water

rights gr ant.

(e) Unauthorized use of water for a purpose other than that for which a right or permit was gr anted.

(f) Construction or repair of any hydr aulic wor k or structure without duly a pproved plans and specifications, when required.

(g) Failure to install a regulating and measuring device for the control of the volume of

water a ppropriated, when required.

(h) Unauthorized sale, lease, or tr ansfer of water and/or water rights.

(i) Failure to provide adequate f acilities to prevent or control diseases when required by

the Council in the construction of any wor k for the stor age, diversion, distribution and

utilization of water .

( j) Drilling of a well without permission of the Council.

(k ) Utilization of an existing well or ponding or spreading of water for recharging

subterr anean or ground water supplies without permission of the Council.

(l) Violation of or non-compliance with any order, rules, or regulations of the Council.

(m) Illegal tak ing or diversion of water in an open canal, aqueduct or reservoir .

(n) Malicious destruction of hydr aulic wor k s or structure valued at not exceeding P5,000.00.

Article 91. A. A fine of not exceeding Three Thousand Pesos (P3,000.00) or imprisonment for

not more than three (3) years, or both such fine and imprisonment, in the discretion of the Court, shall be imposed upon any person who commits any of the following acts:

1. Appropriation of water without a water permit, unless such person is expressly

exempted from securing a permit by the provisions of this Code.

2. Unauthorized obstruction of an irrigation canal.

3. Cultivation of a river bed, sand bar or tidal f lat without permission.

4. Malicious destruction of hydr aulic wor k s or structure valued at not exceeding

Twenty-Five Thousand Pesos (P25,000.00).

B. A fine exceeding Three Thousand Pesos P3,000.00) but not more than Six Thousand Pesos P6,000.00) or imprisonment exceeding three (3) years but not more than six (6)



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years, or both such fine and imprisonment in the discretion of the Court, shall be imposed on any person who commits any of the following acts:

1. Distribution for public consumption of water which adversely affects the health and safety of the public.

2. Excavation or enlargement of the opening of a hot spring without permission.

3. Unauthorized obstruction of a river or water way, or occupancy of a river bank or seashore without permission.

4. Esta blishment of a cemetery or a waste disposal area near a source of water

supply or reservoir for domestic municipal use without permission.

5. Constructing, without prior permission of the government agency concerned, wor k s that produce dangerous or noxious substances, or performing acts that

result in the introduction of sewage, industrial waste, or any substance that pollutes a source of water supply.

6. Dumping mine tailings and sediments into rivers of water ways without permission.

7. Malicious destruction of hydr aulic wor k s or structure valued more than

Twenty-Five Thousand Pesos (P25,000.00) but at not exceeding One Hundred Thousand Peso (100,000.00).

C. A fine exceeding Six Thousand Pesos (P6,000.00) but not more than Ten Thousand

Pesos (P10,000.00) or imprisonment exceeding six (6) years but not more than twelve (12) years, or both such fine and imprisonment, in the discretion of the Court, shall be

imposed upon any person who commits any of the following acts:

1. Misrepresentation of citizenship in order to qualify for water permit.

2. Malicious destruction of a hydr aulic wor k s or structure, valued at more than

One Hundred Thousand Pesos (P100,000.00).

Article 92. If the offense is committed by a corpor ation, trust, firm, partnership, association or any other juridical person, the penalty shall be imposed upon the President, Gener al Manager,

and other guilty officer or officers of such corpor ation, trust firm, partnership, association or entity, without prejudice to the filing of a civil action against said juridical person. If the offender

is an alien, he shall be deported after serving his sentence, without further proceedings.

After final judgment of conviction, the Court upon petition of the prosecution attorney in the

same proceedings, and after due hearing, may, when the public interest so requires, order suspension of or dissolution of such corpor ation, trust, firm, partnership, association or juridical

person.

Article 93. All actions for offenses punisha ble under Article 91 of this Code shall be brought before the proper court.



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Article 94. Actions for offenses punisha ble under this Code by a fine of not more than Three Thousand Pesos (P3,000.00) or by an imprisonment of not more than three (3) years, or both such fine and imprisonment, shall prescribe in five (5) years; those punisha ble by a fine

exceeding Three Thousand Pesos (P3,000.00) but not more than Six Thousand Pesos (P6,000.00) or an imprisonment exceeding three (3) years but not more than six (6) years, or both such fine

and imprisonment, shall prescribe in seven (7) years; and those punisha ble by a fine exceeding Six Thousand Pesos (P6,000.00) but not more than Ten Thousand Pesos (P10,000.00) or an

imprisonment exceeding six (6) years but not more than twelve (12) years, or both such fine and imprisonment, shall prescribe in ten (10) years.

CHAPTER IX

TRANSITORY AND FINAL PROVISIONS

Article 95. Within two (2) years from the promulgation of this Code, all claims for a right to use water existing on or before December 31, 1974 shall be registered with the Council which shall

confirm said rights in accordance with the provisions of this Code, and shall set their respective priorities.

When priority in time of a ppropriation from a certain source of supply cannot be determined, the order of preference in the use of the waters shall be as follows:

(a) Domestic and municipal use

( b) Irrigation

(c) Power gener ation

(d) Fisheries

(e) Livestock r aising

(f) Industrial use, and

(g) Other uses.

Any claim not registered within said period shall be considered waived and the use of the water

deemed a bandoned, and the water shall thereupon be availa ble for disposition as una ppropriated waters in accordance with the provisions of this Code.

Article 96. No vested or acquired right to the use of water can arise from acts or omissions

which are against the law or which infringe upon the rights of others.

Article 97. Acts and contr act under the regime of old laws, if they are valid in accordance

therewith, shall be respected, subject to the limitations esta blished in this Code. Any modification or extension of these acts and contr acts after the promulgation of this Code, shall be

subject to the provisions hereof .

Article 98. Interim rules and regulations promulgated by the Council shall continue to have binding force and effect, when not in conf lict with the provisions of this Code.



110

Article 99. If any provision or part of this Code, or the a pplication thereof to any person or circumstance, is declared unconstitutional or invalid for any reason, the other provisions or parts therein shall not be affected.

Article 100. The following laws, parts and/or provisions of laws are hereby repealed:

(a) The provisions of the Spanish Law on Waters of August 3, 1866, the Civil Code of

Spain of 1889 and the Civil Code of the Philippines (R .A. 386) on ownership of waters, easements relating to waters, use of public waters and acquisitive prescription on the use

of waters, which are inconsistent with the provisions of this Code;

( b) The provisions of R .A. 6395, other wise k nown as the Revised Charter of National

Power Corpor ation, particular ly section 3, par agr a ph (f), and section 12, insof ar as they relate to the a ppropriation of waters and the gr ant thereof;

(c) The provisions of Act No. 2152, as amended, other wise k nown as the Irrigation Act,

section 3, par agr a phs (k ) and (m) of P.D. No. 813, R .A. 2056; Section 90, C.A. 137; and,

(d) All Decree, Laws, Acts, parts of Acts, rules of Court, executive orders, and administr ative regulations which are contr ary to or inconsistent with the provisions of this

Code.

Article 101. This Code shall tak e effect upon its promulgation.

Done in the City of Manila, this 31st day of December, Nineteen Hundred and Seventy-Six.

Ha z ardous S ubstances and Wastes

Management



111

RA 6969: Philippine Toxic Substances and Hazardous and Nuclear Waste Act (PTCH NWA)

This Act mandates the regulation, restriction, or prohibition of the

importation, manuf acture, processing, sale, distribution, use, and disposal of chemical substances and mixtures that present

unreasona ble risk and/or injury to health and the environment.

Republic Act No. 6969

October 26, 1990

AN ACT TO CONTROL TOXIC SUBSTANCES AND HAZARDOUS AND NUCLEAR

WASTES, PROVIDING PENALTIES FOR VIOLATIONS THEREOF, AND FOR

OTHER PURPOSES

Be it enacted by the S enate and Hou se of Repr e sentat ive s of the P hili ppine s in Con gr e ss

a ssembl ed::

Section 1. Short title. ± This Act shall be k nown as the "Toxic S ubstances and Ha z ardous and

Nuclear Wastes Control Act of 1990 ."

Section 2. Declaration of P olicy. ± It is the policy of the State to regulate, restrict or prohibit the

importation, manuf acture, processing, sale, distribution, use and disposal of chemical substances and mixtures that present unreasona ble risk and/or injury to health or the environment; to

prohibit the entry, even in tr ansit, of hazardous and nuclear wastes and their disposal into the



112

Philippine territorial limits for whatever purpose; and to provide advancement and f acilitate research and studies on toxic chemicals.

Section 3. S cope. ± This Act shall cover the importation, manuf acture, processing, handling, stor age, tr ansportation, sale, distribution, use and disposal of all unregulated chemical substances

and mixtures in the Philippines, including the entry, even in tr ansit as well as the k eeping or stor age and disposal of hazardous and nuclear wastes into the country for whatever purpose.

Section 4. Objectives. ± The objectives of this Act are:

a) To k eep an inventory of chemicals that are presently being imported, manuf actured, or used, indicating, among others, their existing and possible uses,

test data, names of firms manuf acturing or using them, and such other information as may be considered relevant to the protection of health and the environment;

b) To monitor and regulate the importation, manuf acture, processing, handling,

stor age, tr ansportation, sale, distribution, use and disposal of chemical substances and mixtures that present unreasona ble risk or injury to health or to the

environment in accordance with national policies and international commitments;

c) To inform and educate the populace regarding the hazards and risk s attendant to the manuf acture, handling, stor age, tr ansportation, processing, distribution, use

and disposal of toxic chemicals and other substances and mixture; and

d) To prevent the entry, even in tr ansit, as well as the k eeping or stor age and

disposal of hazardous and nuclear wastes into the country for whatever purpose.

Section 5. Definition. ± As used in this Act:

a) Chemical substance means any organic or inorganic substance of a particular molecular identity, including:

i) Any combination of such substances occurring in whole or in part as aresult of chemical reaction or occurring in nature; and

ii) Any element or uncombined chemical.

b) Chemical mixture means any combination of two or more chemical substances

if the combination does not occur in nature and is not, in whole or in part, the result of a chemical reaction, if none of the chemical substances comprising the

combination is a new chemical substance and if the combination could have been manuf actured for commercial purposes without a chemical reaction at the time the

chemical substances comprising the combination were combined. This shallinclude nonbiodegr ada ble mixtures.

c) Process means the prepar ation of a chemical substance or mixture after its manuf acture for commercial distribution:



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i) In the same form or physical state or in a different form or physical state from that which it was received by the person so preparing such substance or mixture; or

ii) As part of an article containing a chemical substance or mixture.

d) Importation means the entry of a products or substances into the Philippines

(through the sea ports or airports of entry) after having been proper ly cleared through or still remaining under customs control, the product or substance of

which is intended for direct consumption, merchandising, warehousing, or for further processing.

e) Manuf acture means the mechanical or chemical tr ansformation of substances into new products whether wor k is performed by power-driven machines or by

hand, whether it is done in a f actory or in the wor k er's home, and whether the products are sold at wholesale or retail.

f) Unreasona ble risk means expected frequency of undesir a ble effects or adverse

responses arising from a given exposure to a substance.

g) Hazardous substances are substances which present either :

1) short-term acute hazards, such as acute toxicity by ingestion, inhalation

or sk in a bsorption, corrosivity or other sk in or eye contact hazards or the risk of fire or explosion; or

2) long-term environmental hazards, including chronic toxicity upon

repeated exposure, carcinogenicity (which may in some cases result from acute exposure but with a long latent period), resistance to detoxification

process such as biodegr adation, the potential to pollute underground or surf ace waters, or aesthetically objectiona ble properties such as offensive

odors.

h) Hazardous wastes are hereby defined as substances that are without any safe commercial, industrial, agricultur al or economic usage and are shipped,

tr ansported or brought from the country of origin for dumping or disposal into or in tr ansit through any part of the territory of the Philippines.

Hazardous wastes shall also refer to by-products, side-products, process residues, spent reaction media, contaminated plant or equipment or other substances from

manuf acturing oper ations, and as consumer discards of manuf acture products.

i) Nuclear wastes are hazardous wastes made r adioactive by exposure to the r adiation incidental to the production or utilization of nuclear fuels but does not

include nuclear fuel, or r adioisotopes which have reached the final stage of f a brication so as to be usa ble for any scientific, medical, agricultur al, commercial,

or industrial purpose.



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Section 6. Function, P owers and Responsibilities of t he Department of Environment and

Natural Resources. ± The Department of Environment and Natur al Resources shall be the implementing agency task ed with the following functions, powers, and responsibilities:

a) To k eep an updated inventory of chemicals that are presently being

manuf actured or used, indicating, among others, their existing and possible uses, quality, test data, names of firms manuf acturing or using them, and such other

information as the Secretary may consider relevant to the protection of health and the environment;

b) To require chemical substances and mixtures that present unreasona ble risk or

injury to health or to the environment to be tested before they are manuf actured or imported for the first time;

c) To require chemical substances and mixtures which are presently being manuf actured or processed to be tested if there is a reason to believe that they

pose unreasona ble risk or injury to health or the environment;

d) To evaluate the char acteristics of chemicals that have been tested to determine their toxicity and the extent of their effects on health and the environment;

e) To enter into contr acts and mak e gr ants for research, development, and

monitoring of chemical substances and mixtures;

f) To conduct inspection of any esta blishment in which chemicals are

manuf actured, processed, stored or held before or after their commercialdistribution and to mak e recommendations to the proper authorities concerned;

g) To confiscate or impound chemicals found not f alling within said acts cannot

be enjoined except after the chemicals have been impounded;

h) To monitor and prevent the entry, even in tr ansit, of hazardous and nuclear wastes and their disposal into the country;

i) To subpoena witnesses and documents and to require other information if necessary to carry out the provisions of this Act;

j) To call on any department, bureau, office, agency, state university or college,

and other instrumentalities of the Government for assistance in the form of personnel, f acilities, and other resources as the need arises in the discharge of its

functions;

k ) To disseminate information and conduct educational awareness campaigns on the effects of chemical substances, mixtures and wastes on health and

environment; and

l) To exercise such powers and perform such other functions as may be necessary

to carry out its duties and responsibilities under this Act.



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Section 7. Inter-Agency Technical Advisory Council . ± There is hereby created an Inter-Agency Technical Advisory Council attached to the Department of Environment and Natur al Resources which shall be composed of the following officials or their duly authorized representatives:

Secretary of Environment and Natur al Resources Chairman

Secretary of Health Member

Director of the Philippine Nuclear Research Institute Member

Secretary of Tr ade and Industry Member

Secretary of Science and Technology Member

Secretary of National Defense Member

Secretary of Foreign Aff airs Member

Secretary of La bor and Employment Member

Secretary of Finance Member

Secretary of Agriculture Member

Representative from a non-governmental organization on

health and safety

Member

The representative from the non-governmental organization shall be a ppointed by the President for a term of three (3) years.

The Council shall have the following functions:

a) To assist the Department of Environment and Natur al Resources in the formulation of the pertinent rules and regulations for the effective implementation

of this Act;

b) To assist the Department of Environment and Natur al Resources in the prepar ation and updating of the inventory of chemical substances and mixtures

that f all within the cover age of this Act;

c) To conduct preliminary evaluation of the char acteristics of chemical substances and mixtures to determine their toxicity and effects on health and the environment

and mak e the necessary recommendations to the Department of Environment and Natur al Resources; and

d) To perform such other functions as the Secretary of Environment and Natur alResources may, from time to time, require.

Section 8. P re-Manufacture and P re-Importation Requirements. ± Before any new chemical

substance or mixture can be manuf actured, processed or imported for the first time as determined by the Department of Environment and Natur al Resources, the manuf acturer, processor or

importer shall submit the following information: the name of the chemical substance or mixture; its chemical identity and molecular structure; proposed categories of use; an estimate of the

amount to be manuf actured, processed or imported; processing and disposal thereof; and any test



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data related to health and environmental effects which the manuf acturer, processor or importer has.

Section 9. C hemicals S ubject to Testing . ± Testing shall be required in all cases where:

a) There is a reason to believe that the chemical substances or mixture may present an unreasona ble risk to health or the environment or there may be

substantial human or environmental exposure thereto;

b) There are insufficient data and experience for determining or predicting the

health and environmental effects of the chemical substance or mixture; and

c) The testing of the chemical substance or mixture is necessary to develop such data.

The manuf acturers, processors or importers shall shoulder the costs of testing the chemical

substance or mixture that will be manuf actured, processed, or imported.

Section 10. Action by t he S ecretary of Environment and Natural Resources of his Duly Aut hori z ed Representative. ± The Secretary of Environment and Natur al Resources or his duly authorized representative shall, within ninety (90) days from the date of filing of the notice of

manuf acture, processing or importation of a chemical substance or mixture, decide whether or not to regulate or prohibit its importation, manuf acture, processing, sale, distribution, use or

disposal. The Secretary may, for justifia ble reasons, extend the ninety-day pre-manuf acture period within a reasona ble time.

Section 11. C hemical S ubstances Exempt from P re-Manufacture Notification. ± The

manuf acture of the following chemical substances or mixtures shall be exempt from pre-manuf acture notification:

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

listed in the inventory of existing chemicals;

b) Those to be produced in small quantities solely for experimental or research

and developmental purposes;

c) Chemical substances and mixtures that will not present an unreasona ble risk to health and the environment; and

d) Chemical substances and mixtures that exist tempor arily and which have no

human or environmental exposure such as those which exist as a result of chemical reaction in the manuf acture or processing of a mixture of another

chemical substance.

Section 12. P ublic Access to Records, Reports or Notification. ± The public shall have access to

records, reports, or information concerning chemical substances and mixtures including safety data submitted, data on emission or discharge into the environment, and such documents shall be

availa ble for inspection or reproduction during normal business hours except that the Department of Environment and Natur al resources may consider a record, report or information or particular



117

portions thereof confidential and may not be made public when such would divulge tr ade secrets, production or sales figures or methods, production or processes unique to such manuf acturer, processor or distributor, or would other wise tend to affect adversely the competitive position of

such manuf acturer, processor or distributor . The Department of Environment and Natur alResources, however, may release information subject to claim of confidentiality to a medical

research or scientific institution where the information is needed for the purpose of medicaldiagnosis or treatment of a person exposed to the chemical substance or mixture.

Section 13. P rohibited Acts. ± The following acts and omissions shall be considered unlawful:

a) K nowingly use a chemical substance or mixture which is imported,

manuf actured, processed or distributed in violation of this Act or implementing rules and regulations or orders;

b) Failure or refusal to submit reports, notices or other information, access to records, as required by this Act, or permit inspection of esta blishment where

chemicals are manuf actured, processed, stored or other wise held;

c) Failure or refusal to comply with the pre-manuf acture and pre-importation requirements; and

d) Cause, aid or f acilitate, directly or indirectly, in the stor age, importation, or

bringing into Philippines territory, including its maritime economic zones, even in tr ansit, either by means of land, air or sea tr ansportation or other wise k eeping in

stor age any amount of hazardous and nuclear wastes in any part of the Philippines.

Section 14. Criminal O ffenses and P enalties. ±

a) (i) The penalty of imprisonment of six (6) months and one day to six (6) years and one day and a fine r anging from Six hundred pesos (P600.00) to Four

thousand pesos (P4,000.00) shall be imposed upon any person who shall violate section 13 (a) to (c) of this Act and shall not be covered by the Probation Law.f

the offender is a foreigner, he or she shall be deported and barred from any subsequent entry into the Philippines after serving his or her sentence;

ii) In case any violation of this Act is committed by a partnership, corpor ation,

association or any juridical person, the partner, president, director or manager who shall consent to or shall k nowingly toler ate such violation shall be directly

lia ble and responsible for the act of the employee and shall be criminally lia ble as

a co-principal;

(iii) In case the offender is a government official or employee, he or she shall, in addition to the a bove penalties, be deemed automatically dismissed from office

and permanently disqualified from holding any elective or a ppointive position.

b) (i) The penalty of imprisonment of twelve (12) years and one day to twenty (20) years, shall be imposed upon any person who shall violate section 13 (d) of



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this Act.f the offender is a foreigner, he or she shall be deported and barred from any subsequent entry into the Philippines after serving his or her sentence;

(ii) In the case of corpor ations or other associations, the a bove penalty shall be imposed upon the managing partner, president or chief executive in addition to an

exemplary damage of at least Five hundred thousand pesos (P500,000.00).f it is aforeign firm, the director and all officers of such foreign firm shall be barred from

entry into the Philippines, in addition to the cancellation of its license to do business in the Philippines;

(iii) In case the offender is a government official or employee, he or she in

addition to the a bove penalties be deemed automatically dismissed from office and permanently disqualified from holding any elective or a ppointive position.

c) Every penalty imposed for the unlawful importation, entry, tr ansport, manuf acture, processing, sale or distribution of chemical substances or mixtures

into or within the Philippines shall carry with it the confiscation and forfeiture in f avor of the Government of the proceeds of the unlawful act and instruments,

tools or other improvements including vehicles, sea vessels, and aircr afts used in or with which the offense was committed. Chemical substances so confiscated

and forfeited by the Government at its option shall be turned over to the Department of Environment and Natur al resources for safek eeping and proper

disposal.

d) The person or firm responsible or connected with the bringing or importation into the country of hazardous or nuclear wastes shall be under obligation to

tr ansport or send back said prohibited wastes;

Any and all means of tr ansportation, including all f acilities and a ppurtenances that

may have been used in tr ansporting to or in the stor age in the Philippines of any significant amount of hazardous or nuclear wastes shall at the option of the government be forfeited in its f avor .

Section 15. Administrative Fines. ± In all cases of violations of this Act, including violations of implementing rules and regulations which have been duly promulgated and published in

accordance with Section 16 of this Act, the Secretary of Environment and Natur al Resources is hereby authorized to impose a fine of not less than Ten thousand pesos (P10,000.00), but not

more than Fifty thousand pesos (P50,000.00) upon any person or entity found guilty thereof . The administr ative fines imposed and collected by the Department of Environment and Natur al

Resources shall accrue to a special fund to be administered by the Department exclusively for

projects and research activities relative to toxic substances and mixtures.

Section 16. P romulgation of Rules and Regulations. ± The Department of Environment and

Natur al Resources, in coordination with the member agencies of the Inter-Agency TechnicalAdvisory Council, shall prepare and publish the rules and regulations implementing this Act

within six months from the date of its effectivity.



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Section 17. Appropriations. ± Such amount as may be necessary to implement the provisions of this Act is hereby annually a ppropriated and included in the budget of the Department of Environment and Natur al Resources.

Section 18. S eparability Clause. ± If any provision of this Act is declared void or

unconstitutional, the remaining provisions thereof not affected thereby shall remain in full force and effect.

Section 19. Repealing Clause. ± All laws, presidential decrees, executive orders and issuances,

and rules and regulations which are inconsistent with this Act are hereby repealed or modified accordingly.

Section 20. Effectivity. ± This Act shall tak e effect after fifteen (15) days following its publication in the Official Gazette or in any newspa per of gener al circulation.

Approved: October 26, 1990



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S olid Waste Management RA 9003: Philippine Ecological Solid Waste Management Act

(PESWMA) of 2000

The law was passed by Congress in December 2000 and signed by

the President of the Philippines on January 26, 2001 with the aim of adopting a systematic, comprehensive, and ecological solid

waste management progr am.



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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

Be it enacted by the S enate and Hou se of Repr e sentat ive of the P hili ppine s in Con gr e ssa ssembl ed:

CHAPTER I

BASIC POLICIES

Article 1

General Provisions

Section 1. S hor t Tit l e - This Act shall be k nown as the "Ecological Solid Waste Management Act of 2000."

Section 2. Decl ar at ion of Policie s - It is hereby declared the policy of the State to adopt asystematic, comprehensive and ecological solid waste management progr am which shall:

(a) Ensure the protection of the public health and environment;

( b) Utilize environmentally-sound methods that maximize the utilization of

valua ble resources and encour age resource conservation and recovery;

(c) Set guidelines and targets for solid waste avoidance and volume reduction

through source reduction and waste minimization measures, including composting, recycling, re-use, recovery, green charcoal process, and others,

before collection, treatment and disposal in a ppropriate and environmentally sound solid waste management f acilities in accordance with ecologically

sustaina ble development principles;

(d) Ensure the proper segregation, collection, tr ansport, stor age, treatment and disposal of solid waste through the formulation and adoption of the best

environmental pr actice in ecological waste management excluding inciner ation;

(e) Promote national research and development progr ams for improved solid waste management and resource conservation techniques, more effective

institutional arr angement and indigenous and improved methods of waste reduction, collection, separ ation and recovery;



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(f) Encour age greater private sector participation in solid waste management;

(g) Retain primary enforcement and responsibility of solid waste management

with local government units while esta blishing a cooper ative effort among the national government, other local government units, non- government

organizations, and the private sector;

(h) Encour age cooper ation and self-regulation among waste gener ators through the a pplication of mar k et-based instruments;

(i) Institutionalize public participation in the development and implementation of national and local integr ated, comprehensive, and ecological waste management

progr ams; and

( j) Strength the integr ation of ecological solid waste management and resource conservation and recovery topics into the academic curricula of formal and non-

formal education in order to promote environmental awareness and action among the citizenry.

Article 2

Definition of Terms

Section 3. De finit ion of T er m s - For the purposes of this Act:

(a) Agricultur al waste shall refer to waste gener ated from planting or harvesting

of crops, trimming or pruning of plants and wastes or run-off materials from f arms or fields;

( b) Bulk y wastes shall refer to waste materials which cannot be a ppropriately

placed in separ ate containers because of either its bulk y size, sha pe or other physical attributes. These include large worn-out or brok en household,

commercial, and industrial items such as furniture, lamps, book cases, filing ca binets, and other similar items;

(c) Bureau shall refer to the Environmental Management Bureau;

(d) Buy-back center shall refer to a recycling center that purchases of other wise accepts recycla ble materials from the public for the purpose of recycling such

materials;

(e) Collection shall refer to the act of removing solid waste from the source or from a communal stor age point;

(f) Composting shall refer to the controlled decomposition of organic matter by micro-organisms, mainly bacteria and fungi, into a humus-lik e product;

(g) Consumer electronics shall refer to special waste that includes worn-out,

brok en, and other discarded items such as r adios, stereos, and TV sets;



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(h) Controlled dump shall refer to a disposal site at which solid waste is deposited in accordance with the minimum prescribed standards of site oper ation;

(i) Department shall refer to the Department of Environment and Natur alResources;

( j) Disposal shall refer to the discharge, deposit, dumping, spilling, leak ing or

placing of any solid waste into or in an land;

(k ) Disposal site shall refer to a site where solid waste is finally discharged and

deposited;

(l) Ecological solid waste management shall refer to the systematic administr ation of activities which provide for segregation at source, segregated tr ansportation,

stor age, tr ansfer, processing, treatment, and disposal of solid waste and all other waste management activities which do not harm the environment;

(m) Environmentally accepta ble shall refer to the quality of being re-usa ble,

biodegr ada ble or composta ble, recycla ble and not toxic or hazardous to the environment;

(n) Gener ation shall refer to the act or process of producing solid waste;

(o) Gener ator shall refer to a person, natur al or juridical, who last uses a materialand mak es it availa ble for disposal or recycling;

( p) Hazardous waste shall refer to solid waste management or combination of

solid waste which because of its quantity, concentr ation or physical, chemical or infectious char acteristics may:

(1) cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or inca pacitating reversible, illness; or

(2) pose a substantial present or potential hazard to human health or the

environment when improper ly treated, stored, tr ansported, or disposed of, or other wise managed;

(q) Leachate shall refer to the liquid produced when waste undergo

decomposition, and when water percolate through solid waste undergoing decomposition. It is contaminated liquid that contains dissolved and suspended

materials;

(r) Materials recovery f acility - includes a solid waste tr ansfer station or sorting

station, drop-off center, a composting f acility, and a recycling f acility;

(s) Municipal waste shall refer to wastes produced from activities within localgovernment units which include a combination of domestic, commercial,

institutional and industrial wastes and street litters;



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(t) Open dump shall refer to a disposal area wherein the solid wastes are indiscriminately thrown or disposed of without due planning and consider ation for environmental and Health standards;

(u) Opportunity to recycle shall refer to the act of providing a place for collecting

source-separ ated recycla ble material, located either at a disposal site or at another location more convenient to the population being served, and collection at least

once a month of source-separ ated recycla ble material from collection service customers and to providing a public education and promotion progr am that gives

notice to each person of the opportunity to recycle and encour age source separ ation of recycla ble material;

(v) Person(s) shall refer to any being, natur al or judicial, susceptible of rights and

obligations, or of being the subject of legal relations;

(w) Post-consumer material shall refer only to those materials or products

gener ated by a business or consumer which have served their intended end use, and which have been separ ated or diverted from solid waste for the purpose of

being collected, processed and used as a r aw material in the manuf acturing of recycled product, excluding materials and by-products gener ated from, and by-

products gener ated from, and commonly used within an original manuf acturing process, such as mill scr a p;

(x) Receptacles shall refer to individual containers used for the source separ ation

and the collection of recycla ble materials;

(y) Recovered material shall refer to material and by products that have been recovered or diverted from solid waste for the purpose of being collected,

processed and used as a r aw material in the manuf acture of a recycled product;

(z) Recycla ble material shall refer to any waste material retrieved from the waste

stream and free from contamination that can still be converted into suita ble beneficial use or for other purposes, including, but not limited to, newspa per,

ferrous scr a p metal, non-ferrous scr a p metal, used oil, corrugated cardboard, aluminum, glass, office pa per, tin cans and other materials as may be determined

by the Commission;

(aa) Recycled material shall refer to post-consumer material that has been recycled and returned to the economy;

( bb) Recycling shall refer to the treating of used or waste materials through a process of mak ing them suita ble for beneficial use and for other purposes, and includes any process by which solid waste materials are tr ansformed into new products in such a manner that the original product may lose their identity, and

which maybe used as r aw materials for the production of other goods or services: Provided , That the collection, segregation and re-use of previously used

packaging material shall be deemed recycling under this Act;



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(cc) Resource conversation shall refer to the reduction of the amount of solid waste that are gener ated or the reduction of over all resource consumption, and utilization of recovered resources;

(dd) Resources recovery shall refer to the collection, extr action or recovery of

recycla ble materials from the waste stream for the purpose of recycling, gener ating energy or producing a product suita ble for beneficial use: Provided ,

That such resource recovery f acilities exclude inciner ation;

(ee) Re-use shall refer to the process of recovering materials intended for the same or different purpose without the alter ation of physical and chemical

char acteristics;

(ff) Sanitary landfill shall refer to a waste disposal site designed, constructed,

oper ated and maintained in a manner that exerts engineering control over significant potential environment impacts arising from the development and

oper ation of the f acility;

(gg) Schedule of Compliance shall refer to an enforcea ble sequence of actions or oper ations to be accomplished within a stipulated time fr ame leading to

compliance with a limitation, prohibition or standard set forth in this Act or any rule of regulation issued pursuant thereto;

(hh) Secretary landfill shall refer to the Secretary of the Department of

Environment and Natur al Resources;

(ii) Segregation shall refer to a solid waste management pr actice of separ ating

different materials found in solid waste in order to promote recycling and re-use of resources and to reduce the volume of waste for collection and disposal;

( jj) Segregation at source shall refer to a solid waste management pr actice of

separ ating, at the point of origin, different materials found in solid waste in order to promote recycling and re-use of resources and to reduce the volume of waste

for collection and disposal;

(kk ) Solid waste shall refer to all discarded household, commercial waste, non-hazardous institutional and industrial waste, street sweepings, construction debris,

agricultur al waste, and other non-hazardous/non-toxic solid waste.

Unless specifically noted other wise, 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 inca pacitating 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 disposa ble nature from patients who are



126

suspected to have or have been diagnosed as having communica ble diseases and must therefore be isolated as required by public health agencies, la bor atory wastes such as pathological specimens (i.e. all tissues,

specimens of blood elements, excreta, and secretions obtained from patients or la bor atory animals) and disposa ble fomites that may harbor or

tr ansmit pathogenic organisms, and surgical oper ating room pathologic materials from outpatient areas and emergency rooms; and

(3) Waste resulting from mining activities, including contaminated soil

and debris.

(ll) Solid waste management shall refer to the discipline associated with the control of gener ation, stor age, collection, tr ansfer and tr ansport, processing, and

disposal of solid wastes in a manner that is in accord with the best principles of public health, economics, engineering, conservation, aesthetics, and other

environmental consider ations, and that is also responsive to public attitudes;

(mm) Solid waste management f acility shall refer to any resource recovery system

or component thereof; any system, progr am, or f acility for resource conservation; any f acility for the collection, source separ ation, stor age, tr ansportation, tr ansfer,

processing, treatment, or disposal of solid waste;

(nn) Source reduction shall refer to the reduction of solid waste before it enters the solid waste stream by methods such as product design, materials substitution,

materials re-use and packaging restrictions;

(oo) Source separ ation shall refer to the sorting of solid waste into some or all of its component parts at the point of gener ation;

( pp) Special wastes shall refer to household hazardous wastes such as paints, thinners, household batteries, lead-acid batteries, spr ay canisters and the lik e.

These include wastes from residential and commercial sources that comprise of bulk y wastes, consumer electronics, white goods, yard wastes that are collected

separ ately, batteries, oil, and tires. These wastes are usually handled separ ately from other residential and commercial wastes;

(qq) Stor age shall refer to the interim containment of solid wastes after gener ation

and prior to collection for ultimate recovery or disposal;

(rr) Tr ansfer stations shall refer to those f acilities utilized to receive solid wastes,

tempor arily store, separ ate, convert, or other wise process the materials in the solid wastes, or to tr ansfer the solid wastes directly from smaller to larger vehicles for tr ansport. This term does not include any of the following:

(1) a f acility whose principal function is to receive, store, separ ate, convert or other wise process in accordance with national minimum standards,

manure;



127

(2) a f acility, whose principal function is to receive, store, convert, or other wise process wastes which have already been separ ated for re-use and are intended for disposals, and

(3) the oper ations premises of a duly licensed solid waste handling

oper ator who is receives, stores, tr ansfers, or other wise processes wastes as an activity incidental to the conduct of a refuse collection and disposal

business.

(ss) Waste diversion shall refer to activities which reduce or eliminate the amount of solid waste from waste disposal f acilities;

(tt) White goods shall refer to large worn-out or brok en household, commercial, and industrial a ppliances such as stoves, refriger ators, dishwashers, and clothes

washers and dryers collected separ ately. White goods ate usually dismantled for the recovery of specific materials (e.g., copper, aluminum, etc.);

(uu) Yard waste shall refer to wood, small or chipped br anches, leaves, gr ass

clippings, garden debris, vegeta ble residue that is recognized as part of a plant or vegeta ble and other materials identified by the Commission.

CHAPTER II

INSTITUTIONAL MECHANISM

Section 4. N at ional Solid W a ste M ana g ement Commission - There is hereby esta blished a

National Solid Waste Management Commission, hereinafter referred to as the Commission, under the Office of the President. The Commissioner shall be composed of fourteen (14)

members from the government sector and three members from the private sector . The government sector shall be represented by the heads of the following agencies in their ex officio

ca pacity:

(1) Department of Environment and Natur al Resources (DENR);

(2) Department of the Interior and Local Government (DILG);

(3) Department of Science and Technology (DOST);

(4) Department of Public Wor k s and Highways (DPWH);

(5) Department of Health (DOH);

(6) Department of Tr ade and Industry (DTI);

(7) Department of Agriculture (DA);

(8) Metro Manila Development Authority (MMDA);

(9) League of provincial governors;



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(10) League of city mayors;

(11) League of municipal mayors;

(12) Association of bar angay councils;

(13) Technical Education and Sk ills Development Authority (TESDA); and

(14) Philippine Information Agency.

The private sector shall be represented by the following:

(a) A representative from nongovernment organizations ( NGOs) whose principal

purpose is to promote recycling and the protection of air and water quality;

( b) A representative from the recycling industry; and

(c) A representative from the manuf acturing or packaging industry;

The Commission may, from time to time, call on any other concerned agencies or sectors as it

may deem necessary.

Provided , That representatives from the NGOs, recycling and manuf acturing or packaging industries shall be nominated through a process designed by themselves and shall be a ppointed

by the President for a term of three (3) years.

Provided , f ur ther , That the Secretaries of the member agencies of the Commission shallformulate action plans for their respective agencies to complement the National Solid Waste

Management Fr amewor k.

The Department Secretary and a private sector representative of the Commission shall serve as

chairman and vice chairman, respectively. The private sector representatives of the Commission shall be a ppointed on the basis of their integrity, high decree of professionalism and having

distinguished themselves in environmental and resource management. The members of the Commission shall serve and continue to hold office until their successors shall have been

a ppointed and qualified. Should a member of the Commission f ail to complete his/her term, the unexpired portion of the term. Finally, the members shall be entitled to reasona ble tr aveling

expenses and honor aria.

The Department, through the Environmental Management Bureau, shall provide secretariat

support to the Commission. The Secretariat shall be headed by an executive director who shall be nominated by the members of the Commission and a ppointed by the chairman.

Section 5. Powers and F unct ion s of the Commission - The Commission shall oversee the implementation of solid waste management plans and prescribe policies to achieve the objectives

of this Act. The Commission shall undertak e the following activities.

(a) Prepare the national solid waste management fr amewor k ;



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( b) Approve local solid waste management plans in accordance with its rules and regulations;

(c) Review and monitor the implementation of local solid waste management plans;

(d) Coordinate the oper ation of local solid waste management boards in the

provincial and city/municipal levels;

(e) To the maximum extent feasible, utilizing existing resources, assist provincial,

city and municipal solid waste management plans;

(f) Develop a model provincial, city and municipal solid waste management plan that will esta blish prototypes of the content and format which provinces, cities

and municipalities may use in meeting the requirements of the National Solid Waste Management Fr amewor k ;

(g) Adopt a progr am to provide technical and other ca pa bility building assistance

and support to local government units in the development and implementation of source reduction progr ams;

(h) Develop and implement a progr am to assist local government units in the identification of mar k ets for materials that are diverted from disposal f acilities

through re-use, recycling, and composting, and other environment-friendly methods;

(i) Develop a mechanism for the imposition of sanctions for the violations

environmental rules and regulations;

( j) Manage the Solid Waste Management Fund;

(k ) Develop and prescribe procedures for the issuance of a ppropriate permits and

clear ances.

(l) Review the incentives scheme for effective solid waste management, for purpose of ensuring relevance and efficiency in achieving the objectives of this

Act;

(m) Formulate the necessary education promotion and information campaign str ategies;

(n) Esta blish, after notice and hearing of the parties concerned, standards, criteria, guidelines, and formula that are f air, equita ble and reasona ble, in esta blishing

tipping charges and r ates that the proponent will charge in the oper ation and management of solid waste management f acilities and technologies.

(o) Develop safety nets and alternative livelihood progr ams for small recyclers

and other sectors that will be affected as a result of the construction and/or oper ation of solid waste management recycling plant or f acility.



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( p) Formulate and update a list of non-environmentally accepta ble materials in accordance with the provisions of this Act. For this purpose, it shall be necessary that proper consultation be conducted by the Commission with all concerned

industries to ensure a list that is based on technological and economic via bility.

(q) Encour age private sector initiatives, community participation and investments resource recovery-based livelihood progr ams for local communities.

(r) Encour age all local government agencies and all local government units to

patronize products manuf actured using recycled and recycla ble materials;

(s) Propose and adopt regulations requiring the source separ ation and post

separ ation collection, segregated collection, processing, mar k eting and sale of organic and designated recycla ble material gener ated in each local government

unit; and

(t) Study and review of the following:

(i) Standards, criteria and guidelines for promulgation and implementation of an integr ated national solid waste management fr amewor k ; and

(ii) Criteria and guidelines for siting, design, oper ation and maintenance of solid waste management f acilities.

Section 6. M eet in gs - The Commission shall meet at least once a month. The presence of at least

a ma jority of the members shall constitute a quorum. The chairman, or in his a bsence the vice-chairman, shall be the presiding officer . In the a bsence of the heads of the agencies mentioned in

Sec. 4 of this Act, they may designate permanent representatives to attend the meetings.

Section 7. T he N at ional E cology C enter - There shall be esta blished a National Ecology Center under the Commission which shall provide consulting, information, tr aining, and networ k ing

services for the implementation of the provisions of this Act.

In this regard, it shall perform the following functions:

(a) Facilitate tr aining and education in integr ated ecological solid waste

management;

( b) Esta blish and manage a solid waste management information data base, in coordination with the DTI and other concerned agencies:

(1) on solid waste gener ation and management techniques as well as the management, technical and oper ational a pproaches to resource recovery;

and

(2) of processors/recyclers, the list of materials being recycled or bought by them and their respective prices;



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(c) Promote the development of a recycling mar k et through the esta blishment of anational recycling networ k that will enhance the opportunity to recycle;

(d) Provide or f acilitate expert assistance in pilot modeling of solid waste management f acilities; and

(e) Develop, test, and disseminate model waste minimization and reduction

auditing procedures for evaluating options.

The National Ecology Center shall be headed by the director of the Bureau in his ex officio

ca pacity. It shall maintain a multi-sector al, multi-disciplinary pool of experts including those from the academe, inventors, pr acticing professionals, business and industry, youth , women and

other concerned sectors, who shall be screened according to qualifications set by the Commission.

Section 8. Rol e of the Depar tmen. - For the further ance of the objectives of this Act, the

Department shall have the following functions:

(a) Chair the Commission created pursuant to this Act;

( b) Prepare an annual National Solid Waste Management Status Report;

(c) Prepare and distribute information, education and communication materials on

solid waste management;

(d) Esta blish methods and other par ameters for the measurement of waste reduction, collection and disposal;

(e) Provide technical and other ca pa bility building assistance and support to the

LGUs in the development and implementation of local solid waste management plans and progr ams;

(f) Recommend policies to eliminate barriers to waste reduction progr ams;

(g) Exercise visitorial and enforcement powers to ensure strict compliance with this Act;

(h) Perform such other powers and functions necessary to achieve the objectives of this Act; and

(i) Issue rules and regulations to effectively implement the provisions of this Act.

Section 9. Visit orial Powers of the Depar tment . - 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 lik ewise have the right to enter the premises of any gener ator, recycler or manuf acturer, or other f acilities any time to question any employee or investigate any f act,

condition or matter which may be necessary to determine any violation, or which may aid in the



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effective enforcement of this Act and its implementing rules and regulations. This Section shallnot a pply to private dwelling places unless the visitorial power is other wise judicially authorized.

Section 10. Rol e of LGU s in Solid W a ste M ana g ement - Pursuant to the relevant provisions of R .A. No. 7160, other wise k nown 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.

Segregation and collection of solid waste shall be conducted at the bar angay level specifically for

biodegr ada ble, composta ble and reusa ble wastes: Provided , That the collection of non-recycla ble materials and special wastes shall be the responsibility of the municipality or city.

Section 11. Provincial Solid W a ste M ana g ement Boar d - A Provincial Solid Waste Management board shall be esta blished in every province, to be chaired by the governor . Its members shall

include:

(a) All the mayors of its component cities and municipalities;

( b) One (1) representative from the Sangguniang Panlalawigan to be represented by the chairperson of either the Committees on Environment or Health or their

equivalent committees, to be nominated by the presiding officer;

(c) The provincial health and/or gener al services officers, whichever may be

recommended by the governor;

(d) The provincial environment and natur al resources officer;

(e) The provincial engineer;

(f) Congressional representatives from each congressional district within the province;

(g) A representative from the NGO sector whose principal purpose is to promote recycling and the protection of air and water quality;

(h) A representative from the recycling industry;

(i) A representative from the manuf acturing or packaging industry; and

( j) A representative of each concerned government agency possessing relevant

technical and mar k eting expertise as may be determined by the board.

The Provincial Solid Waste Management Board may, from time to time, call on any other

concerned agencies or sectors as it may deem necessary.

Provided , That representatives from the NGOs, recycling and manuf acturing or packaging

industries shall be selected through a process designed by themselves and shall be endorsed by the government agency of representatives of the Board: Provided , f ur ther , that in the Province of



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Palawan, the Board shall be chaired by the chairman of the Palawan Council for Sustaina ble Development, pursuant to Republic Act No. 7611.

In the case of Metro Manila, the Board shall be chaired by the chairperson of the MMDA and its members shall include:

(i) all mayors of its component cities and municipalities;

(ii) a representative from the NGO sector whose principal purpose is to promote recycling and the protection of air and water quality;

(iii) a representative from the recycling industry; and

(iv) a representative from the manuf acturing or packaging industry.

The Board may, from time to time, call on any other concerned agencies or sectors as it may deem necessary.

Provided , That representatives from the NGOs, recycling and manuf acturing or packaging industries shall be selected through a process designed by themselves and shall be endorsed by the government agency representatives of the Board.

The Provincial Solid Waste Management Board shall have the following functions and

responsibilities:

(1) Develop a provincial solid waste management plan from the submitted solid

waste management plans of the respective city and municipal solid waste management boards herein created. It shall review and integr ate the submitted

plans of all its component cities and municipalities and ensure that the various

plan complement each other, and have the requisite components. The ProvincialSolid Waste Management Plan shall be submitted to the Commission for a pproval.

The Provincial Plans shall ref lect the gener al progr am of action and initiatives of

the provincial government and implementing a solid waste management progr am that would support the various initiatives of its component cities and

municipalities.

(2) Provide the necessary logistical and oper ational support to its component cities and municipalities in consonance with subsection (f) of Sec.17 of the Local

Government Code;

(3) Recommend measures and safeguards against pollution and for the

preservation of the natur al ecosystem;

(4) Recommend measures to gener ate resources, funding and implementation of project and activities as specified in the duly a pproved solid waste management

plans;



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f) A representative from the manuf acturing or packaging industry; and

g) A representative of each concerned government agency possessing relevant

technical and mar k eting expertise as may be determined by the Board.

The City or Municipal Solid Waste Management Board may, from time to time, call on any concerned agencies or sectors as it may deem necessary.

Provided , That representatives from NGOs, recycling and manuf acturing or packaging industries shall be selected through a process designed by themselves and shall be endorsed by the

government agency representatives of the Board.

The City and Municipal Solid Waste Management Boards shall have the following duties and responsibilities:

(1) Develop the City or Municipal Solid Waste Management Plan that shall

ensure the long-term management of solid waste, as well as integr ate the various solid waste management plans and str ategies of the bar angays in its area of

jurisdiction. In the development of the Solid Waste Management Plan, it shallconduct consultations with the various sectors of the community;

(2) Adopt measures to promote and ensure the via bility and effective implementation of solid waste management progr ams in its component bar angays;

(3) Monitor the implementation of the City or Municipal Solid Waste

Management Plan through its various political subdivisions and in cooper ation with the private sector and the NGOs;

(4) Adopt specific revenue-gener ating measures to promote the via bility of its

Solid Waste Management Plan;

(5) Convene regular meetings for purposes of planning and coordinating the

implementation of the solid waste management plans of the respective component bar angays;

(6) Oversee the implementation of the City or Municipal Solid Waste

Management Plan;

(7) Review every two (2) years or as the need arises the City or Municipal Solid Waste Management Plan for purposes of ensuring its sustaina bility, via bility,

effectiveness and relevance in relation to local and international developments in the field of solid waste management;

(8) Develop the specific mechanics and guidelines for the implementation of the City or Municipal Solid Waste Management Plan;

(9) Recommended to a ppropriate local government authorities specific measures

or proposals for fr anchise or build-oper ate-tr ansfer agreements with duly recognized institutions, pursuant to R .A.6957, to provide either exclusive or non-



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exclusive authority for the collection, tr ansfer, stor age, processing, recycling or disposal of municipal solid waste. The proposals shall tak e into consider ation a ppropriate government rules and regulations on contr acts, fr anchise and build-

oper ate-tr ansfer agreements;

(10) Provide the necessary logistical and oper ational support to its component cities and municipalities in consonance with subsection (f) of Sec. 17 of the Local

Government Code;

(11) Recommended measures and safeguards against pollution and for the preservation of the natur al ecosystem; and

(12) Coordinates the efforts of its components bar angays in the implementation of the city or municipal Solid Waste Management Plan.

Section13. E stablishment of Mul t i- P ur pose Environment Coo per at ive s or Associat ion in Every

LGU - Multi-purpose cooper atives and associations that shall undertak e activities to promote the implementation and/ or directly undertak e projects in compliance with the provisions of this Act

shall be encour aged and promoted in every LGU.

CHAPTER III

COMPREHENSIVE SOLID WASTE MANAGEMENT

Article 1

General Provisions

Section 14. N at ional Solid W a ste M ana g ement S tat u s Repor t - The Department, in coordination

with the DOH and other concerned agencies, shall within six (6) months after the effectivity of this Act, prepare a National Solid Waste Management Status Report which shall be used as a

basis in formulating the National Solid Waste Management Fr amewor k provided in Sec. 15 of this Act. The concerned agencies shall submit to the Department relevant data necessary for the

completion of the said report within three (3) months following the effectivity of this Act. The said report shall include, but shall not be limited to, the following:

(a) Inventory of existing solid waste f acilities;

( b) Gener al waste char acterization, tak ing into account the type, quantity of waste gener ated and estimation of volume and type of waste for reduction and recycling;

(c) Projection of waste gener ation;

(d) The varying regional geologic, hydrologic, climatic, and other f actors vital in

the implementation of solid waste pr actices to ensure the reasona ble protection of :

(1) the quality of surf ace and groundwater from leachate contamination;

(2) the quality of surf ace waters from surf ace run-off contamination; and

(3) ambient air quality.



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(e) Population density, distribution and projected growth;

(f) The political, economic, organizational, financial and management problems

affecting comprehensive solid waste management;

(g) Systems and techniques of waste reduction, re-use and recycling;

(h) Availa ble mar k ets for recycla ble materials;

(i) Estimated cost of collecting, storing, tr ansporting, mar k eting and disposal of

wastes and recycla ble materials; and

( j) Pertinent qualitative and quantitative information concerning the extent of solid waste management problems and solid waste management activities

undertak en by local government units and the waste gener ators.

Provided , That the Department, in consultation with concerned agencies, shall review, update

and publish a National Solid Waste Management Status Report every two (2) years or as the

need arises.

Section 15. N at ional Solid W a ste M ana g ement Fr amework - Within six (6) months from the

completion of the national solid waste management status report under Sec. 14 of this Act, the Commission created under Sec. 4 of this Act shall, with public participation, formulate and

implement a National Solid Waste Management Fr amewor k. Such fr amewor k shall consider and include:

(a) Analysis and evaluation of the current state, trends, projections of solid waste

management on the national, provincial and municipal levels;

( b) Identification of critical solid waste f acilities and local government units which will need closer monitoring and/or regulation;

(c) Char acteristics and conditions of collection, stor age, processing, disposal, oper ating methods, techniques and pr actices, location of f acilities where such

oper ating methods, techniques and pr actices are conducted, tak ing into account the nature of the waste;

(d) Waste diversion goal pursuant to Sec. 20 of this Act;

(e) Schedule for the closure and/or upgr ading of open and controlled dumps

pursuant to Sec. 37 of this Act;

(f) Methods of closing or upgr ading open dumps for purposes of eliminating

potential health hazards;

(g) The profile of sources, including industrial, commercial, domestic, and other sources;



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(h) Pr actical a pplications of environmentally sound techniques of water minimization such as, but not limited to, resource conservation, segregation at source, recycling, resource recovery, including waste-to-energy gener ation, re-use

and composting;

(i) A technical and economic description of the level of performance that can be attained by various availa ble solid waste management pr actices which provide for

the protection of public health and the environment;

( j) Appropriate solid waste f acilities and conservation systems;

(k ) Recycling progr ams for the recycla ble materials, such as but not limited to

glass, pa per, plastic and metal;

(l) Venues for public participation from all sectors at all phases/stages of the waste management progr am/project;

(m) Information and education campaign str ategies;

(n) A description of levels of performance and a ppropriate methods and degrees of control that provide, at the minimum, for protection of public health and

welf are through:

(1) Protection of the quality of groundwater and surf ace waters from leachate and run-off contamination;

(2) Disease and epidemic prevention and control;

(3) Prevention and control of offensive odor; and

(4) Safety and aesthetics.

(o) Minimum criteria to be used by the local government units to define ecological solid waste management pr actices. As much as pr actica ble, such

guidelines shall also include minimum information for use in deciding the adequate location, design and construction of f acilities associated with solid waste

management pr actices, including the consider ation of regional, geogr a phic, demogr a phic and climatic f actors; and

( p) The method and procedure for the phaseout and the eventual closure within

eighteen (18) months from the effectivity of this Act in case of existing open dumps and/or sanitary landfills located within an aquifer, groundwater reservoir or watershed area.

Section 16. Local Gover nment Solid W a ste M ana g ement Pl an s - The province, city or

municipality, through its local solid waste management boards, shall prepare its respective 10-year solid waste management plans consistent with the national solid waste management

fr amewor k: Provided , That the waste management plan shall be for the re-use, recycling and composting of wastes gener ated in their respective jurisdictions: Provided , f ur ther , That the solid



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waste management plan of the LGU shall ensure the efficient management of solid waste gener ated within its jurisdiction. The plan shall place primary emphasis on implementation of allfeasible re-use, recycling, and composting progr ams while identifying the amount of landfill and

tr ansformation ca pacity that will be needed for solid waste which cannot be re-used, recycled, or composted. The plan shall contain all the components provided in Sec. 17 of this Act and a

timeta ble for the implementation of the solid waste management progr am in accordance with the National Fr amewor k and pursuant to the provisions of this Act: Provided , finally, That it shall be

reviewed and updated every year by the provincial, city or municipal solid waste management board.

For LGUs which have considered solid waste management alternatives to comply with Sec. 37

of this Act, but are una ble to utilize such alternatives, a timeta ble or schedule of compliance specifying the remedial measure and eventual compliance shall be included in the plan.

All local government solid waste management plans shall be subjected to the a pproval of the

Commission. The plan shall be consistent with the national fr amewor k and in accordance with the provisions of this Act and of the policies set by the Commission; Provided , That in the

province of Palawan, the local government solid waste management plan shall be a pproved by

the Palawan Council for Sustaina ble Development, pursuant to R .A. No. 7611.

Section 17. T he Component s of the Local Gover nment Solid W a ste M ana g ement Pl an - The solid waste management plan shall include, but not limited to, the following components:

(a) City or Municipal Profile - The plan shall indicate the following back ground

information on the city or municipality and its component bar angays, covering important highlights of the distinct geogr a phic and other conditions:

(1) Estimated population of each bar angay within the city or municipality

and population project for a 10-year period;

(2) Illustr ation or ma p of the city/municipality, indicating locations of

residential, commercial, and industrial centers, and agricultur al area, as well as dump, landfills and other solid waste f acilities. The illustr ation

shall indicate as well, the proposed sites for disposal and other solid waste f acilities;

(3) Estimated solid waste gener ation and projection by source, such as

residential, mar k et, commercial, industrial, construction/ demolition, street waste,agricultur al, agro-industrial, institutional, other waste; and

(4) Inventory of existing waste disposal and other solid waste f acilities and ca pacities.

( b) Waste char acterization - For the initial source reduction and recycling element

of a local waste management plan, the LGU waste char acterization component shall identify the constituent materials which comprise the solid waste gener ated

within the jurisdiction of the LGU. The information shall be representative of the solid waste gener ated and disposed of within the area. The constituent materials

shall be identified by volume, percentage in weight or its volumetric equivalent,



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material type, and source of gener ation which includes residential, commercial, industrial, governmental, or other materials. Future revisions of waste char acterization studies shall identify the constituent materials which comprise

the solid waste disposed of at permitted disposal f acilities.

(c) Collection and Tr ansfer - The plan shall tak e into account the geogr a phic subdivisions to define the cover age of the solid waste collection area in every

bar angay. The bar angay shall be responsible for ensuring that a 100% collection efficiency from residential, commercial, industrial and agricultur al sources, where

necessary within its area of cover age, is achieved. Toward this end, the plan shalldefine and identify the specific str ategies and activities to be undertak en by its

component bar angays, tak ing into account the following concerns:

(1) Availa bility and provision of proper ly designed containers or receptacles in selected collection points for the tempor ary stor age of solid

waste while awaiting collection and tr ansfer to processing sites or to finaldisposal sites;

(2) Segregation of different types of solid waste for re-use, recycling and composting;

(3) Hauling and tr ansfer of solid waste from source or collection points to

processing sites or final disposal sites;

(4) Issuance and enforcement of ordinances to effectively implement acollection system in the bar angay; and

(5) Provision of proper ly tr ained officers and wor k ers to handle solid waste disposal.

The plan shall define and specify the methods and systems for the tr ansfer of solid

waste from specific collection points to solid waste management f acilities.

(d) Processing - The Plan shall define the methods and the f acilities required to process the solid waste, including the use of intermediate treatment f acilities for

composting, recycling, conversion and other waste processing systems. Other a ppropriate waste processing technologies may also be considered provided that

such technologies conformwith internationally-accepta ble and other standards set in other standards set in other laws and regulations.

(e) Source reduction - The source reduction component shall include a progr am and implementation schedule which shows the methods by which the LGU will,

in combination with the recycling and composting components, reduce asufficient amount of solid waste disposed of in accordance with the diversion

requirements of Sec. 20.

The source reduction component shall describe the following:

(1) str ategies in reducing the volume of solid waste gener ated at source;



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(2) measures for implementing such str ategies and the resources necessary to carry out such activities;

(3) other a ppropriate waste reduction technologies that may also be considered, provided that such technologies conform with the standards

set pursuant to this Act;

(4) the types of wastes to be reduced pursuant to Sec. 15 of this Act;

(5) the methods that the LGU will use to determine the categories of solid

wastes to be diverted from disposal at a disposal f acility through re-use, recycling and composting; and

(6) new f acilities and expansion of existing f acilities which will be needed

to implement re-use, recycling and composting.

The LGU source reduction component shall include the evaluation and identification of r ate structures and fees for the purpose of reducing the amount of

waste gener ated, an other source reduction str ategies, including but not limited to, progr ams and economic incentives provided under Sec. 46 of this Act to reduce

the use of non-recycla ble materials, replace disposa ble materials and products with reusa ble materials and products, reduce packaging, and increase the

efficiency of the use of pa per, cardboard, glass, metal, and other materials. The waste reduction activities of the community shall also tak e into account, among

others, local ca pa bility, economic via bility, technical requirements, socialconcerns' disposition of residual waste and environmental impact: Provided , That,

projection of future f acilities needed and estimated cost shall be incorpor ated in the plan.

(f) Recycling - The recycling component shall include a progr am and implementation schedule which shows the methods by which the LGU shall, in

combination with source reduction and composting components, reduce asufficient amount of solid waste disposed of in accordance with the diversion

requirements set in Sec .20.

The LGU recycling component shall describe the following:

(1) The types of materials to be recycled under the progr ams;

(2) The methods for determining the categories of solid wastes to be

diverted from disposal at a disposal f acility through recycling; and

(3) New f acilities and expansion of existing f acilities needed to implement the recycling component.

The LGU recycling component shall described methods for developing the mar k ets for recycled materials, including, but not limited to, an evaluation of the

feasibility of procurement preferences for the purchase of recycled products. Each



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LGU may determine and gr ant a price preference to encour age the purchase of recycled products.

The five-year str ategy for collecting, processing, mar k eting and selling the designated recycla ble materials shall tak e into account persons engaged in the

business of recycling or persons other wise providing recycling services before the effectivity of this Act. Such str ategy may be base upon the results of the waste

composition analysis performed pursuant to this Section or information obtained in the course of past collection of solid waste by the local government unit, and

may include recommendations with respect to increasing the number of materials designated for recycling pursuant to this Act.

The LGU recycling component shall evaluate industrial, commercial, residential,

agricultur al, governmental and other curbside, mobile, drop-off and buy-back recycling progr ams, manual and automated materials recovery f acilities, zoning,

building code changes and r ate structures which encour age recycling of materials.The Solid Waste Management Plan shall indicate the specific measures to be

undertak en to meet the waste diversion specified under Sec. 20 of this Act.

Recommended revisions to the building ordinances, requiring newly-constructed

buildings and buildings undergoing specified alter ations to contain stor age space, devices or mechanisms that f acilitate source separ ation and stor age of designated

recycla ble materials to ena ble the local government unit to efficiently collect, process, mar k et and sell the designated materials. Such recommendations shall

include, but shall not be limited to separ ate chutes to f acilitate source separ ation in multi-f amily dwellings, stor age areas that conform to fire and safety code

regulations, and specialized stor age containers.

The Solid Waste Management Plan shall indicate the specific measures to be

undertak en to meet the recycling goals pursuant to the objectives of this Act.

(g) Composting - The composting component shall include a progr am and

implementation schedule which shows the methods by which the LGU shall, in combination with the source reduction and recycling components, reduce a

sufficient amount of solid waste disposed of within its jurisdiction to comply with the diversion requirements of Sec. 20 hereof .

The LGU composting component shall describe the following:

(1) The types of materials which will be composted under the progr ams;

(2) The methods for determining the categories of solid wastes to be diverted from disposal at a disposal f acility through composting; and

(3) New f acilities, and expansion of existing f acilities needed to implement the composting component.

The LGU composting component shall describe methods for developing the

mar k ets for composted materials, including, but not limited to, an evaluation of



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the feasibility of procurement preferences for the purchase of composted products. Each LGU may determine and gr ant a price preference to encour age the purchase of composted products.

(h) Solid waste f acility ca pacity and final disposal - The solid waste f acility

component shall include, but shall not be limited to, a projection of the amount of disposal ca pacity needed to accommodate the solid waste gener ated, reduced by

the following:

(1) Implementation of source reduction, recycling and composting progr ams required in this Section or through implementation of other

waste diversion activities pursuant to Sec. 20 of this Act;

(2) Any permitted disposal f acility which will be availa ble during the 10-

year planning period; and

(3) All disposal ca pacity which has been secured through an agreement with another LGU, or through an agreement with a solid waste enterprise.

The plan shall identify existing and proposed disposal sites and waste

management f acilities in the city or municipality or in other areas. The plan shallspecify the str ategies for the efficient disposal of waste through existing disposal

f acilities and the identification of prospective sites for future use. The selection and development of disposal sites shall be made on the basis of internationally

accepted standards and on the guidelines set in Sec. 41 and 42 of this Act.

Str ategies shall be included to improve said existing sites to reduce adverse

impact on health and the environment, and to extent life span and ca pacity. The plan shall clear ly define projections for future disposal site requirements and the

estimated cost for these efforts.

Open dump sites shall not be allowed as final disposal sites. If an open dump site is existing within the city or municipality, the plan shall mak e provisions for its

closure or eventual phase out within the period specified under the fr amewor k and pursuant to the provisions under Sec. 37 of this Act. As an alternative, sanitary

landfill sites shall be developed and oper ated as a final disposal site for solid and, eventually, residual wastes of a municipality or city or a cluster of municipality

and/or cities. Sanitary landfills shall be designed and oper ated in accordance with the guidelines set under Secs. 40 and 41 of this Act.

(i) Education and public information - The education and public information component shall describe how the LGU will educate and inform its citizens a bout the source reduction, recycling and composting progr ams.

The plan shall mak e provisions to ensure that information on waste collection services, solid waste management and related health and environmental concerns

are widely disseminated among the public. This shall be undertak en through the print and broadcast media and other government agencies in the municipality. The

DECS and the Commission on Higher Education shall ensure that waste



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management shall be incorpor ated in the curriculum of primary, secondary and college students.

( j) Special Waste - The special waste component shall include existing waste handling and disposal pr actices for special wastes or household hazardous wastes,

and the identification of current and proposed progr ams to ensure the proper handling, re-use, and long-term disposal of special wastes;

(k ) Resource requirement and funding - The funding component includes

identification and description of project costs, revenues, and revenue sources the LGU will use to implement all components of the LGU solid waste management

plan;

The plan shall lik ewise indicate specific projects, activities, equipment and

technological requirements for which outside sourcing of funds or materials may be necessary to carry out the specific components of the plan. It shall define the

specific uses for its resource requirement s and indicate its costs. The plan shalllik ewise indicate how the province, city or municipality intends to gener ate the

funds for the acquisition of its resource requirements. It shall also indicate if certain resource requirements are being or will be sourced from fees, gr ants,

donations, local funding and other means. This will serve as basis for the determination and assessment of incentives which may be extended to the

province, city or municipality as provided for in Sec. 45 of this Act.

(l) Privatization of solid waste management projects - The plan shall lik ewise indicate specific measures to promote the participation of the private sector in the

management of solid wastes, particular ly in the gener ation and development of the essential technologies for solid waste management. Specific projects or

component activities of the plan which may be offered as private sector

investment activity shall be identified and promoted as such. Appropriate incentives for private sector involvement in solid waste management shalllik ewise be esta blished and provided for in the plan, in consonance with Sec. 45

hereof and other existing laws, policies and regulations; and

(m) Incentive progr ams - A progr am providing for incentives, cash or other wise, which shall encour age the participation of concerned sectors shall lik ewise be

included in the plan.

Section 18. Owner and Oper at or - Responsibility for compliance with the standards in this Act

shall rest with the owner and/or oper ator . If specifically designated, the oper ator is considered to

have primary responsibility for compliance; however, this does not relieve the owner of the duty to tak e all reasona ble steps to assure compliance with these standards and any assigned conditions. When the title to a disposal is tr ansferred to another person, the new owner shall be

notified by the previous owner of the existence of these standards and of the conditions assigned to assure compliance.

Section 19. W a ste char acteri zat ion - The Department in coordination with the LGUs, shall be

responsible for the esta blishment of the guidelines for the accur ate char acterization of wastes including determination of whether or not wastes will be compatible with containment features



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and other wastes, and whether or not wastes are required to be managed as hazardous wastes under R .A. 6969, other wise k nown as the Toxic Substance and Hazardous and Nuclear Wastes Control Act.

Section 20. E stablishin g M andat ory Solid W a ste Diversion - Each LGU plan shall include an

implementation schedule which shows that within five (5) years after the effectivity of this Act, the LGU shall divert at least 25% of all solid waste from waste disposal f acilities through re-use,

recycling and composting activities and other resource recovery activities; Provided , That the waste diversion goals shall be increased every three (3) years thereafter; Provided , f ur ther , That

nothing in this Section prohibits a local government unit from implementing re-use, recycling, and composting activities designed to exceed the goal.

Article 2

Segregation of Wastes

Section 21. M andat ory S e gr e g at ion of Solid W a ste s - 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, commercialand agricultur al sources: Provided , f ur ther ; 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 separ ated recycla ble materials to be collected by the municipality or private center; and

( b) notify the occupants of each buildings of the requirements of this Act and the regulations promulgated pursuant thereto.

Section 22. Requir ement s for the S e gr e g at ion and S t or a g e of Solid W a ste - The following shall

be the minimum standards and requirements for segregation and stor age of solid waste pending collection:

(a) There shall be a separ ate container for each type of waste from all sources:

Provided , That in the case of bulk y waste, it will suffice that the same be collected and placed in a separ ate designated area; and

( b) The solid waste container depending on its use shall be proper ly mar k ed or identified for on-site collection as "composta ble", "non-recycla ble", "recycla ble"

or "special waste", or any other classification as may be determined by the Commission.

Article 3

Collection and Transport of Solid Wastes



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Section 23. Requir ement s for Coll ect ion of Solid W a ste s - The following shall be the minimum standards and requirements for the collection of solid waste:

(a) All collectors and other personnel directly dealing with collection of solid waste shall be equipped with personal protective equipment to protect them from

the hazards of handling wastes;

( b) Necessary tr aining shall be given to the collectors and personnel to ensure that the solid wastes are handled proper ly and in accordance with the guidelines

pursuant to this Act; and

(c) Collection of solid waste shall be done in a manner which prevents damage to

the container and spillage or scattering of solid waste within the collection vicinity.

Section 24. Requir ement s for the Tr an s por t of Solid W a ste - The use of separ ate collection

schedules and/or separ ate truck s or haulers shall be required for specific types of wastes.Other wise, vehicles used for the collection and tr ansport of solid wastes shall have the

a ppropriate compartments to f acilitate efficient storing of sorted wastes while in tr ansit.

Vehicles shall be designed to consider road size, condition and ca pacity to ensure the sage and efficient collection and tr ansport of solid wastes.

The waste compartment shall have a cover to ensure the containment of solid wastes while in tr ansit.

For the purpose of identification, vehicles shall bear the body number, the name, and the

telephone number of the contr actor/agency collecting solid waste.

Section 25. Guideline s for Tr an sf er S tat ion s - Tr ansfer stations shall be designed and oper ated for efficient waste handling ca pacity and in compliance with environmental standards and

guidelines set pursuant to this Act and other regulations: Provided , That no waste shall be stored in such station beyond twenty-four (24) hours.

The siting of the tr ansfer station shall consider the land use plan, proximity to collection area, and accessibility of haul routes to disposal f acility. The design shall give primary consider ation

to size and space sufficiency in order to accommodate the waste for stor age and vehicles for loading and unloading of wastes.

Article 4

Recycling Program

Section 26. I nvent ory of Exist in g M ark et s for Recycl abl e M aterials - The DTI shall within six (6) months from the effectivity of this Act and in cooper ation with the Department, the DILG

and other concerned agencies and sectors, publish a study of existing mar k ets for processing and purchasing recycla ble materials and the potential steps necessary to expand these mar k ets. Such study shall include, but not be limited to, an inventory of existing mar k ets for recycla ble

materials, product standards for recycla ble and recycled materials, and a proposal, developed in



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conjunction with the a ppropriate agencies, to stimulate the demand for the production of products containing post consumer and recovered materials.

Section 27. Requir ement for E co- Labelin g - The DTI shall formulate and implement a coding system for packaging materials and products to f acilitate waste and recycling and re-use.

Section 28. Recl amat ion Progr am s and Bu y-back C enters for Recycl abl e s and To xics - The

National Ecology Center shall assist LGUs in esta blishing and implementing deposit or reclamation progr ams in coordination with manuf acturers, recyclers and gener ators to provide

separ ate collection systems or convenient drop-off locations for recycla ble materials and particular ly for separ ated toxic components of the waste stream lik e dry cell batteries and tires to

ensure that they are not inciner ated or disposed of in a landfill. U pon effectivity of this Act, toxic materials present in the waste stream should be separ ated at source, collected separ ately and

further screened and sent to a ppropriate hazardous waste treatment and disposal plants, consistent with the provisions of R .A. No. 6969.

Section 29. Non-Environmentally Acceptabl e Prod uct s - Within one (1) year from the effectivity of this Act, the Commission shall, after public notice and hearing, prepare a list of

nonenvironmentally accepta ble products as defined in this Act that shall be prohibited according to a schedule that shall be prepared by the Commission: Provided , however , That non-

environmentally accepta ble products shall not be prohibited unless the Commission first finds that there are alternatives availa ble which are availa ble to consumers at no more than ten percent

(10%) greater cost than the disposa ble product.

Notwithstanding any other provisions to the contr ary, this section shall not a pply to:

(a) Packaging used at hospitals, nursing homes or other medical f acilities; and

( b) Any packaging which is not environmentally accepta ble, but for which there is

no commercially availa ble alternatives as determined by the Commission.

The Commission shall annually review and update the list of prohibited non-environmentally accepta ble products.

Section 30. Prohibit ion on the U se of Non-Environmentally Acceptabl e P ack a gin g - No person

owning, oper ating or conducting a commercial esta blishment 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, wr a pped

or packaged in or on packaging which is not environmentally accepta ble packaging: Provided , That the Commission shall determine a phaseout period after proper consultation and hearing

with the stak eholders or with the sectors concerned. The presence in the commercial

esta blishment of non-environmentally accepta ble packaging shall constitute a rebutta ble presumption of intent to sell or convey the same at retail to customers.

Any person who is a manuf acturer, brok er or warehouse oper ator engaging in the distribution or

tr ansportation 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 accepta ble. The Commission shall prescribe the form of such report in its regulations.



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A violation of this Section shall be sufficient grounds for the revocation, suspension, denial or non-renewal of any license for the esta blishment in which the violation occurs.

Section 31. Recyclin g M ark et Develo pment - The Commission together with the NationalEcology Center, the DTI and the Department of Finance shall esta blish procedures, standards

and str ategies to mar k et recycla ble materials and develop the local mar k et for recycle goods, including but not limited to:

(a) measures providing economic incentives and assistance including loans and

gr ants for the esta blishment of privately-owned f acilities to manuf acture finished products from post-consumer materials;

( b) guar antees by the national and local governments to purchase a percentage of the output of the f acility; and

(c) maintaining a list of prospective buyers, esta blishing contact with prospective

buyers and reviewing and mak ing any necessary changes in collecting or processing the materials to improve their mar k eta bility.

In order to encour age esta blishments of new f acilities to produce goods from post-consumer and

recovered materials gener ated within local government units, and to conserve energy by reducing materials tr ansportation, whenever a ppropriate, each local government unit may arr anged for

long-term contr acts to purchase a substantial share of the product output of a proposed f acility which will be based in the jurisdiction of the local government unit if such f acility will

manuf acture such finished products form post-consumer and recovered materials.

Section 32. E stablishment of LGU M aterials Recovery F acilit y. - There shall be esta blished a

Materials Recovery Facility (MR F) in every bar angay or cluster of bar angays. The f acility shall be esta blished in a bar angay-owned or -leased land or any suita ble open space to be determined

by the bar angay through its Sanggunian. For this purpose, the bar angay or cluster of bar angays shall allocate a certain parcel of land for the MR F. The MR F shall receive mixed waste for final

sorting, segregation, composting, and recycling. The resulting residual wastes shall be tr ansferred to a long term stor age or disposal f acility or sanitary landfill.

Section 33. Guideline s for E stablishment of M aterials Recovery F acilit y - Materials recovery

f acilities shall be designed to receive, sort, process and store composta ble and recycla ble material efficiently and in an environmentally sound manner . The f acility shall address the

following consider ations:

(a) The building and/or land layout and equipment must be designed to

accommodate efficient and safe materials processing, movement, and stor age; and

( b) The building must be designed to allow efficient and safe external access and to accommodate internal f low.

Article 5

Composting



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Section 34. I nvent ory of M ark et s of Compost s - Within six (6) months after the effectivity of this Act, the DA shall publish an inventory of existing mar k ets and demands for composts. Said inventory shall thereafter be updated and published annually: Provided , That the composting of

agricultur al wastes and other composta ble materials, including but not limited to garden wastes, shall be encour aged.

Section 35. Guideline s for Compost Qualit y - Compost products intended to be distributed

commercially shall conformwith the standards for organic fertilizers set by the DA. The DA shall assist the compost producers to ensure that the compost products conform to such

standards.

Article 6

Waste Management Facilities

Section 36. I nvent ory of W a ste Dis posal F acilit ie s - Within six (6) months from the effectivity of this Act, the Department, in cooper ation with the DOH, DILG and other concerned agencies,

shall publish an inventory of all solid waste disposal f acilities or sites in the country.

Section 37. Prohibit ion Ag ain st the U se of Open Du

mp s for Solid W a ste - No open dumps shall be esta blished and oper ated, nor any pr actice 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 , f ur ther , That no controlled dumps shall be allowed five (5) years

following the effectivity of this Act.

Section 38. P er mit for Solid W a ste M ana g ement F acilit y Con st r uct ion and Expan sion - No person shall commence oper ation, including site prepar ation and construction of a new solid

waste management f acility or the expansion of an existing f acility until said person obtains an

Environment Compliance Certificate (ECC) from the Department pursuant to P.D. 1586 and other permits and clear ances form concerned agencies.

Section 39. Guideline s for Cont roll ed Dump s - The following shall be the minimum

consider ations for the esta blishments of controlled dumps:

(a) Regular inert cover;

( b) Surf ace water and peripher al site dr ainage control;

(c) Provision for aerobic and anaerobic decomposition;

(d) Restriction of waste deposition to small wor k ing areas;

(e) Fence, including provisions for litter control;

(f) Basic record-k eeping;

(g) Provision of maintained access road;



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(h) Controlled waste pick ing and tr ading;

(i) Post-closure site cover and vegetation; and

( j) Hydro geological siting.

Section 40. Criteria for Sit in g a S anitary Land fill - The following shall be the minimum criteria

for the siting of sanitary landfills:

(a) The site selected must be consistent with the over all land use plan of the LGU;

( b) The site must be accessible from ma jor roadways or thoroughf ares;

(c) The site should have an adequate quantity of earth cover material that is easily handled and compacted;

(d) The site must be chosen with regard for the sensitivities of the community's

residents;

(e) The site must be located in an area where the landfill's oper ation will not detrimentally affect environmentally sensitive resources such as aquifer,

groundwater reservoir or watershed area;

(f) The site should be large enough to accommodate the community's wastes for a

period of five (5) years during which people must internalize the value of environmentally sound and sustaina ble solid waste disposal;

(g) The site chosen should f acilitate developing a landfill that will satisfy

budgetary constr aints, including site development, oper ation for many years,

closure, post-closure care and possible remediation costs;

(h) Oper ating plans must include provisions for coordinating with recycling and

resource recovery projects; and

(i) Designation of a separ ate containment area for household hazardous wastes.

Section 41. Criteria for E stablishment of S anitary Land fill - The following shall be the minimum

criteria for the esta blishment of sanitary landfills:

(a) Liners - a system of clay layers and/or geosynthethic membr anes used to

contain leachate and reduce or prevent contaminant f low to groundwater;

( b) Leachate collection and treatment system - installation of pipes at the lowareas of the liner to collect leachate for stor age and eventual treatment and

discharge;

(c) Gas control and recovery system - a series of vertical wells or horizontaltrenches containing permea ble materials and perfor ated piping placed in the

landfill to collect gas for treatment or productive use as an energy source;



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(d) Groundwater monitoring well system - wells placed at an a ppropriate location and depth for tak ing water that are representative of ground water quality;

(e) Cover - two (2) forms of cover consisting of soil and geosynthetic materials to protect the waste from long-term contact with the environment:

(i) a daily cover placed over the waste at the close of each day's

oper ations, and;

(ii) a final cover, or ca p, which is the material placed over the completed

landfill to control infiltr ation of water, gas emission to the atmosphere, and erosion.

(f) Closure procedure with the objectives of esta blishing low maintenance cover

systems and final cover that minimizes the infiltr ation of precipitation into the waste. Installation of the final cover must be completed within six (6) months of

the last receipt of waste;

(g) Post-closure care procedure - During this period, the landfill owner shall be responsible for providing for the gener al upk eep of the landfill, maintaining all of

the landfill's environmental protection features, oper ating monitoring equipment, remediating groundwater should it become contaminated and controlling landfill

gas migr ation or emission.

Section 42. Oper at in g Criteria for S anitary Land fills - In the oper ation of a sanitary land fill,

each site oper ator shall maintain the following minimum oper ating equipments:

(a) Disposal site records of, but not limited to:

(1) Records of weights or volumes accepted in a form and manner a pproved by the Department. Such records shall be submitted to the

Department upon request, accur ate to within ten percent (10%) and adequate for over all planning purposes and forecasting the r ate of site

filling;

(2) Records of excavations which may affect the safe and proper oper ation

of the site or cause damage to adjoining properties;

(3) Daily log book or file of the following information: fires, landslides, earthquak e damage, unusual and sudden settlement, injury and property

damage, accidents, explosions, receipts or rejection of unpermitted wastes, f looding and other unusual occurrences;

(4) Record of personnel tr aining; and

(5) Copy of written notification to the Department, local health agency, and fire authority of names, addresses and telephone numbers of the

oper ator or responsible party of the site;



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( b) Water quality monitoring of surf ace and ground waters and eff luent, and gas emissions;

(c) Documentation of a pprovals, determinations and other requirements by the Department;

(d) Signs:

(1) Each point of access from a public road shall be posted with an easily visible sigh indicating the f acility name and other pertinent information as

required by the Department;

(2) If the site is open to the public, there shall be an easily visible sign at the primary entr ance of the site indicating the name of the site oper ator,

the oper ator's telephone number, and hours of oper ation; an easily visible sign at an a ppropriate point shall indicate the schedule of changes and the

gener al types of materials which will either be accepted or not;

(3) If the site is open to the public, there shall be an easily visible road sign and/or tr affic control measures which direct tr affic to the active f ace

and other areas where wastes or recycla ble materials will be deposited; and

(4) Additional signs and/or measures may be required at a disposal site by the Department to protect personnel and public health and safety;

(e) Monitoring of quality of surf ace, ground and eff luent waters, and gas

emissions;

(f) The site shall be designed to discour age unauthorized access by persons and vehicles by using a perimeter barrier or topogr a phic constr aints. Areas within the

site where open stor age, or pounding of hazardous materials occurs shall be separ ately fenced or other wise secured as determined by the Department. The

Department may also require that other areas of the site be fenced to create an a ppropriate level of security;

(g) Roads within the permitted f acility boundary shall be designed to minimize the gener ation of dust and the tr ack ing of material onto adjacent public roads.

Such roads shall be k ept in safe condition and maintained such that vehicle access and unloading can be conducted during inclement weather;

(h) Sanitary f acilities consisting of adequate number of toilets and handwashing

f acilities, shall be availa ble to personnel at or in the immediate vicinity of the site;

(i) Safe and adequate drink ing water supply for the site personnel shall be availa ble;

( j) The site shall have communication f acilities availa ble to site personnel to allowquick response to emergencies;



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(k ) Where oper ations are conducted during hours of dar k ness, the site and/or equipment shall be equipped with adequate lighting as a pproved by the Department to ensure safety and to monitor the effectiveness of oper ations;

(l) Oper ating and maintenance personnel shall wear and use a ppropriate safety

equipment as required by the Department;

(m) Personnel assigned to oper ate the site shall be adequately tr ained in subject pertinent to the site oper ation and maintenance, hazardous materials recognition

and screening, and heavy equipment oper ations, with emphasis on safety, health, environmental controls and emergency procedures. A record of such tr aining shall

be placed in the oper ating record;

(n) The site oper ator shall provide adequate supervision of a sufficient number of

qualified personnel to ensure proper oper ation of the site in compliance with alla pplica ble laws, regulations, permit conditions and other requirements. The

oper ator shall notify the Department and local health agency in writing of the names, addresses, and telephone number of the oper ator or responsible party. A

copy of the written notification shall be placed in the oper ation record;

(o) Any disposal site open to the public shall have an attendant present during public oper ating hours or the site shall be inspected by the oper ator on a regular ly

scheduled basis, as determined by the Department;

( p) Unloading of solid wastes shall be confined to a small area as possible to accommodate the number of vehicles using the area without resulting in tr affic,

personnel, or public safety hazards. Waste materials shall normally be deposited at the toe of the fill, or as other wise a pproved by the Department;

(q) Solid waste shall be spread and compacted in layers with repeated passages of the landfill equipment to minimize voids within the cell and maximize

compaction. The loose layer shall not exceed a depth a pproximately two feet before compaction. Spreading and compacting shall be accomplished as r a pidly as

pr actica ble, unless other wise a pproved by the Department;

(r) Covered surf aces of the disposal area shall be gr aded to promote later al runoff of precipitation and to prevent pounding. Gr ades shall be esta blished of sufficient

slopes to account for future settlement of the fill surf ace. Other effective maintenance methods may be allowed by the Department; and

(s) Cover material or native material unsuita ble for cover, stock piled on the site for use or removal, shall be placed so as not to cause problems or interfere with unloading, spreading, compacting, access, safety dr ainage, or other oper ations.

Article 7

Local Government Solid Waste Management

Section 43. Guideline s for I dent ificat ion of Common Solid W a ste M ana g ement Probl em s - For

purposes of encour aging and f acilitating the development of local government plans for solid



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waste management, the Commission shall, as soon as pr actica ble but not later than six (6) months from the effectivity of this Act, publish guidelines for the identification of those areas which have common solid waste management problems and are a ppropriate units for clustered

solid waste management services. The guidelines shall be based on the following:

(a) the size and location of areas which should be included;

( b) the volume of solid waste which would be gener ated;

(c) the availa ble means of coordinating local government planning between and

among the LGUs and for the integr ation of such with the national plan; and

(d) possible lifespan of the disposal f acilities.

Section 44. E stablishment of Common W a ste Tr eatment and Dis posal F acilit ie s - Pursuant to Sec. 33 of R .A.7160, other wise k nown as the Local Government Code, all provinces, cities,

municipalities and bar angays, through a ppropriate ordinances, are hereby mandated to consolidate, or coordinate their efforts, services, and resources for purposes of jointly addressing

common solid waste management problems and/or esta blishing common waste disposalf acilities.

The Department, the Commission and local solid waste management boards shall provide technical and mar k eting assistance to the LGUs.

CHAPTER IV

INCENTIVES

Section 45. I ncent ive s. -

(a) Rewards, monetary or other wise, shall be provided to individuals, private organizations and entitles, including non-government organizations, that have undertak en outstanding and innovative projects, technologies, processes and

techniques or activities in re-use, recycling and reduction. Said rewards shall be sourced from the Fund herein created.

( b) An incentive scheme is hereby provided for the purpose of encour aging

LGUs, enterprises, or private entities, including NGOs, to develop or undertak e an effective solid waste management, or actively participate in any progr am

geared towards the promotion thereof as provided for in this Act.

(1) Fiscal Incentives. - Consistent with the provisions of E.O. 226, other wise k nown as the Omnibus Investments Code, the following tax incentives shall be gr anted:

(a) Tax and Duty Exemption on Imported Ca pital Equipment and Vehicles - Within ten (10) years upon effectively of this Act, LGUs, enterprises or private

entities shall enjoy tax and duty free importation of machinery, equipment, vehicles and spare parts used for collection, tr ansportation, segregation, recycling,

re-use and composing of solid wastes: Provided , That the importation of such



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machinery, equipment, vehicle and spare parts shall comply with the following conditions:

(i) They are not manuf actured domestically in sufficient quantity, of compar a ble quality and at reasona ble prices;

(ii) They are reasona bly needed and will be used actually, directly and

exclusively for the a bove mentioned activities;

(iii) The a pproval of the Board of Investment (BOI) of the DTI for the

importation of such machinery, equipment, vehicle and spare parts.

Provided , f ur ther , That the sale, tr ansfer or disposition of such machinery, equipment, vehicle and spare parts, without prior a pproval of the (BOI), within

five (5) years from the date of acquisition shall be prohibited, other wise, the LGUconcerned, enterprise or private entities and the vendee, tr ansferee, or assignee

shall be solidarily lia ble to pay twice the amount of tax and duty exemption given it.

( b) Tax Credit on Domestic Equipment - Within ten (10) years from the

effectivity of this Act, a tax credit equivalent to 50% of the value of the nationalinternal revenue taxes and customs duties that would have been waived on the

machinery, equipment, vehicle and spare parts, had these items been imported shall be given to enterprises, private entities, including NGOs, subject to the same

conditions and prohibition cited in the preceding par agr a ph.

(c) Tax and Duty Exemption of Donations, Legacies and Gift - All legacies, gifts

and donations to LGUs, enterprises or private entities, including NGOs, for the support and maintenance of the progr am for effective solid waste management

shall be exempt from all internal revenue taxes and customs duties, and shall be deductible in full from the gross income of the donor for income tax purposes.

(2) Non-Fiscal Incentives. - LGUs, enterprises or private entities availing of tax incentives under

this Act shall also be entitled to a pplica ble non-fiscal incentives provided for under E.O. 226, other wise k nown as the Omnibus Investments Code.

The Commission shall provide incentives to businesses and industries that are engaged in the

recycling of wastes and which are registered with the Commission and have been issued ECCs in accordance with the guidelines esta blished by the Commission. Such incentives shall include

simplified procedures for the importation of equipment, spare parts, new materials, and supplies,

and for the export of processed products.

(3) Financial Assistance Progr am. - Government financial institutions such as the Development Bank of the Philippines (DBP), Landbank of the Philippines (LBP), Government Service

Insur ance System (GSIS), and such other government institutions providing financial services shall, in accordance with and to the extent allowed by the ena bling provisions of their respective

charters or a pplica ble laws, accord high priority to extend financial services to individuals, enterprises, or private entities engaged in solid waste management.



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(4) Extension of Gr ants to LGUs. - Provinces, cities and municipalities whose solid waste management plans have been duly a pproved by the Commission or who have been commended by the Commission for adopting innovative solid waste management progr ams may be entitled to

receive gr ants for the purpose of developing their technical ca pacities toward actively participating in the progr am for effectively and sustaina ble solid waste management.

(5) Incentives to Host LGUs. - Local government units who host common waste management

f acilities shall be entitled to incentives.

CHAPTER V

FINANCING SOLID WASTE MANAGEMENT

Section 46. Solid W a ste M ana g ement F und - There is hereby created, as a special account in the National Treasury, a Solid Waste Management Fund to be administered by the Commission.

Such fund shall be sourced from the following:

(a) Fines and penalties imposed, proceeds of permits and licenses issued by the Department under this Act, donations, endowments, gr ants and contributions from

domestic and foreign sources; and

( b) Amounts specifically a ppropriated for the Fund under the annual Gener alAppropriations Act;

The Fund shall be used to finance the following:

(1) products, f acilities, technologies and processes to enhance proper solid waste management;

(2) awards and incentives;

(3) research progr ams;

(4) information, education, communication and monitoring activities;

(5) technical assistance; and

(6) ca pa bility building activities.

LGUs are entitled to avail of the Fund on the basis of their a pproved solid waste management

plan. Specific criteria for the availment of the Fund shall be prepared by the Commission.

The fines collected under Sec. 49 shall be allocated to the LGU where the fined prohibited acts are committed in order to finance the solid waste management of said LGU. Such allocation shall

be based on a sharing scheme between the Fund and the LGU concerned.

In no case, however, shall the Fund be used for the creation of positions or payment of salaries

and wages.



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Section 47. Authorit y t o Coll ect Solid W a ste M ana g ement F ee s - The local government unit shallimpose fees in amounts sufficient to pay the costs of preparing, adopting, and implementing asolid waste management plan prepared pursuant to this Act. The fees shall be based on the

following minimum f actors:

(a) types of solid waste;

( b) amount/volume of waste; and

(c) distance of the tr ansfer station to the waste management f acility.

The fees shall be used to pay the actual costs incurred by the LGU in collecting the local fees. In

determining the amounts of the fees, an LGU shall include only those costs directly related to the adoption and implementation of the plan and the setting and collection of the local fees.

CHAPTER VI

PENAL PROVISIONS

Section 48. Prohibited Act s - The following acts are prohibited:

(1) Littering, throwing, dumping of waste matters in public places, such as roads,

sidewalk s, canals, esteros or par k s, and esta blishment, or causing or permitting the same;

(2) Undertak ing activities or oper ating, collecting or tr ansporting equipment in

violation of sanitation oper ation and other requirements or permits set forth in esta blished 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;

(6) Open dumping, burying of biodegr ada ble or non-biodegr ada ble materials in

f lood prone areas;

(7) Unauthorized removal of recycla ble material intended for collection by authorized persons;

(8) The mixing of source-separ ated recycla ble material with other solid waste in any vehicle, box, container or receptacle used in solid waste collection or disposal;

(9) Esta blishment or oper ation of open dumps as enjoined in this Act, or closure of said dumps in violation of Sec. 37;

(10) The manuf acture, distribution or use of non-environmentally accepta ble

packaging materials;



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(e) Any person who violates Sec. 48, pars. (12) and (13) shall, upon conviction, be punished with a fine not less than Ten thousand pesos (P10,000.00) but not more than Two hundred thousand pesos (P200,000.00) or imprisonment of not

less than thirty (30) days but not more than three (3) years, or both;

(f) Any person who violates Sec. 48, pars. (14), (15) and (16) shall, upon conviction, be punished with a fine not less than One hundred thousand pesos

(P100,000.00) but not more than One million pesos (P1,000,000.00), or imprisonment not less than one (1) year but not more than six (6) years, or both.

If the offense is committed by a corpor ation, partnership, or other juridical identity duly

recognized in accordance with the law, the chief executive officer, president, gener al manager, managing partner or such other officer-in-charge shall be lia ble for the commission of the

offense penalized under this Act.

If the offender is an alien, he shall, after service of the sentence prescribed a bove, be deported

without further administr ative proceedings.

The fines herein prescribed shall be increased by at lest ten (10%) percent every three (3) years to compensate for inf lation and to maintain the deterrent functions of such fines.

Section 50. Administ r at ive S anct ion s - Local government officials and officials of government

agencies concerned who f ail to comply with and enforce rules and regulations promulgated relative to this Act shall be charged administr atively in accordance with R .A. 7160 and other

existing laws, rules and regulations

CHAPTER VII

MISCELLANEOUS PROVISIONS

Section 51. M

andat ory P u

blic H earin gs - Mandatory public hearings for national fr amewor k and local government solid waste management plans shall be undertak en by the Commission and the

respective Boards in accordance with process to be formulated in the implementing rules and regulations.

Section 52. Cit i zen s S uit s - For the purposes of enforcing the provisions of this Act or its

implementing rules and regulations, any citizen may file an a ppropriate civil, criminal or administr ative action in the proper courts/bodies against:

(a) Any person who violates or f ails 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 a buses his authority in the performance of his duty; or, in any

many improper ly 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)



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notice has been given to the public officer and the alleged violator concerned and no a ppropriate action has been tak en thereon.

The Court shall exempt such action from the payment of filing fees and statements lik ewise, upon prima f acie showing of the non-enforcement 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 reasona ble attorney's fees, mor al damages and litigation costs as a ppropriate.

Section 53. S uit s and S t r ate gic Le g al Act ion Ag ain st P ublic P ar t ici pat ion ( SLAPP) and the En forcement 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 mak e a determination not exceeding thirty (30) days whether said legalaction has been filed to har ass, vex, exert undue pressure or stif le such legal recourses of the

person complaining of or enforcing the provisions of this Act. U pon determination thereof, evidence warr anting the same, the Court shall dismiss the complaint and award the attorney's

fees and double damages.

This provision shall also a pply and benefit public officers who are sued for acts committed in their official ca pacity, there being no gr ave a buse of authority, and done in the course of

enforcing this Act.

Section 54. Re search on Solid W a ste M ana g ement - The Department after consultations with the cooper ating agencies, shall encour age, cooper ate with, and render financial and other assistance

to a ppropriate government agencies and private agencies, institutions and individuals in the conduct and promotion researches, experiments, and other studies on solid waste management,

particular ly those relating to:

>

(a) adverse health effects of the release into the environment of materials present

in solid wastes, and methods to eliminate said effects;

( b) the oper ation and financing of solid waste disposal progr ams;

(c) the planning, implementing and oper ation of resource recovery and resource

conservation systems;

(d) the production of usa ble forms of recovered resources, including fuel from solid waste;

(e) the development and a pplication of new and improved methods of collecting

and disposing of solid waste and processing and recovering materials and energy from solid waste;

(f) improvements in land disposal pr actices for solid waste (including sludge); and



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(g) development of new uses of recovered resources and identification of existing or potential mar k ets of recovered resources.

In carrying out solid waste researches and studies, the Secretary of the Department or the authorized representative may mak e gr ants or enter into contr acts with government agencies,

nongovernment organizations and private persons.

Section 55. P ublic Ed ucat ion and I n for mat ion - The Commission shall, in coordination with DECS, TESDA, CHED, DILG and PIA, conduct a continuing education and information

campaign on solid waste management, such education and information progr am shall:

(a) Aim to develop public awareness of the ill-effects of and the community based

solutions to the solid waste problem;

( b) Concentr ate on activities which are feasible and which will have the greatest impact on the solid waste problem of the country, lik e resource conservation and

recovery, recycling, segregation at source, re-use, reduction, and composing of solid waste; and

(c) Encour age the gener al public, accredited NGOs and people's organizations to

publicity endorse and patronize environmentally accepta ble products and packaging materials.

Section 56. Environmental Ed ucat ion in the For mal and Non for mal S ect ors - The nationalgovernment, through the DECS and in coordination with concerned government agencies, NGOs

and private institutions, shall strengthen the integr ation of environmental concerns in schoolcurricula at all levels, with particular emphasis on the theory and pr actice of waste management

principles lik e waste minimization, specifically resource conservation and recovery, segregation at source, reduction, recycling, re-use,and composing, in order to promote environmental

awareness and action among the citizenry.

Section 57. Bu sine ss and I nd u st ry Rol e - The Commission shall encour age commercial and industrial esta blishments, through a ppropriate incentives other than tax incentives to initiate,

participate and invest in integr ated ecological solid waste management projects to manuf acture environment-friendly products, to introduce develop and adopt innovative processes that shall

recycle and re-use materials, conserve r aw materials and energy, reduce waste, and prevent pollution and to undertak e community activities to promote and propagate effective solid waste

management pr actices.

Section 58. A ppro priat ion s - For the initial oper ating expenses of the Commission and the

National Ecology Center as well as the expensed of the local government units to carry out the mandate of this Act, the amount of Twenty million pesos (P20,000,000.00) is hereby a ppropriated from the Organizational Adjustment Fund on the year this Act is a pproved.Thereafter, it shall submit to the Department of Budget and Management its proposed budget for

inclusion in the Gener al Appropriations Act.

Section 59. I mpl ement in g Rul e s and Re g ul at ion s ( I RR ) - The Department, in coordination with the Committees on Environment and Ecology of the Senate and House of Representative,

respectively, the representatives of the Leagues of Provinces, Cities, Municipalities and



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Bar angay Councils, the MMDA and other concerned agencies, shall promulgate the implementing rules and regulations of this Act, within one (1) year after its enactment: Provided , That rules and regulations issued by other government agencies and instrumentalities for the

prevention and/or a batement of the solid waste management problem not inconsistent with this Act shall supplement the rules and regulations issued by the Department, pursuant to the

provisions of this Act.

The dr aft of the IRR shall be published and be the subject of public consultation with affected sectors. It shall be submitted to the Committee on Environment Ecology of the Senate and House

of Representatives, respectively, for review before a pproved by the Secretary.

Section 60. J oint Con gr e ssional Oversig ht Committee - There is hereby created a Joint Congressional Oversight Committee to monitor the implementation of the Act and to oversee the

functions of the Commission. The Committee shall be composed of five (5) Senators and five (5) Representatives to be a ppointed by the Senate President and Speak er of the House of

Representatives, respectively. The Oversight Committee shall be co-chaired by a Senator and aRepresentative designated by the Senate President and the Speak er of the House of

Representatives, respectively.

Section 61. Abolit ion of the Pr e sident ial T a sk Force On W a ste M ana g ement and the Project

M ana g ement O ffice on Solid W a ste M ana g ement - The Presidential Task Force on Waste Management which was created by virtue of Memor andum Circular No. 39 dated November 2,

1987, as amended by Memor andum Circular No. 39A and 88 is hereby a bolished.

Further, pursuant to Administr ative Order No. 90 dated October 19, 1992, the Project Management Office on Solid Waste Management is lik ewise hereby a bolished. Consequently

their powers and functions shall be a bsorbed by the Commission pursuant to the provisions of this Act.

Section 62. Tr an sit ory Provision - Pending the esta blishment of the fr amewor k under Sec. 15hereof, plans under Sec. 16 and promulgation of the IRR under Sec. 59 of this Act, existing laws, regulations, progr ams and projects on solid waste management shall

be enforced: Provided , That for specific undertak ing, the same may be revised in the interim in accordance with the intentions of this Act.

Section 63. Repor t t o Con gr e ss - The Commission shall report to Congress not later than March

30 of every year following the a pproval of this Act, giving a detailed account of its accomplishments and progress on solid waste management during the year and mak e the

necessary recommendations in areas where there is need for legislative action.

Section 64. S epar abilit y Cl au se - If any provision of this Act or the a pplication of such provision to any person or circumstances is declared unconstitutional, the remainder of the Act or the a pplication of such provision to other persons or circumstances shall not be affected by such

declar ation.

Section 65. Repealin g Cl au se - All laws, decrees, issuances, rules and regulations or parts thereof inconsistent with the provisions of this Act are hereby repealed or modified accordingly.



Section 66. E ff ect ivit y - This Act shall tak e effect fifteen (15) days after its publication in at least two (2) newspa pers of gener al circulation.

Approved: January 26, 2001

Legislations and Regulations Related to Environmental Management

Documents

Transcript of Legislations and Regulations Related to Environmental Management