ENVIRONMENTAL LAW NOTES.doc

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ENVIRONMENTAL LAW NOTESEvelyn B. De Matias

Course Outline

A. Government and Legal System1. Overview of the System of Government

The Philippines is a republic and is governed by a Constitution enacted in February

1987.The Executive Branch o govern!ent is led by a President" #ho also serves as theead o state. The President is elected by popular vote" #ithout reelection" to a six$year

ter! o oice. The President appoints a cabinet. The bica!eral legislative branch consists

o the %enate and the &ouse o 'epresentatives. The %enate consists o t#enty$our

!e!bers" serving six$year ter!s #hile the &ouse o 'epresentatives consists o a!axi!u! o ()* !e!bers" each serving a three$year ter! o oice. The +udicial branch

is headed by the %upre!e Court" #hich is co!posed o a chie +ustice and ourteen

associate +ustices" all #ho! are appointed by the country,s President. -ther +udicialbodies include a court o appeals and" trial courts o the irst instance distributed by

regions" cities" and !unicipalities.

2. Hierarchy of Legislation

t the national level" there are a nu!ber o dierent legal instru!ents" each o #hich is

briely discussed here.

Law

la# passed by Congress is reerred to as a 'epublic ct /'..0. The presentation o abill is initiated either by any" or by both o the legislative cha!bers /&ouse or %enate0 or

by the executive. The legislative bill is then studied and heard by the co!!itteesconcerned /e.g." %enate Co!!ittee on Environ!ent0 #hich conducts an in2uiry in aid o

legislation3 to hear out the concerns and vie#s on the bill. Thereater" the bill is approved

by the entire body. 4hen both cha!bers have approved the bill" the sa!e is reerred to aBica!eral Conerence Co!!ittee to reconcile any conlicting provisions. ter this

stage" it is reerred bac5 to the respective cha!bers /&ouse and %enate0 or ratiication.

For inality" the bill is or#arded to the President or approval or veto. The bill beco!es

la# ater it is signed by the President and published. t#o$thirds vote o Congress isneeded to override a veto o the President. Fro! 1988 to the present" la# !a5ing in the

Philip$pines has been by act o Congress.

Presidential Decree

6uring the period 5no#n as the artial a# ears"3 /197($198:0" legislation #as !adeby Presidential iat o then President Ferdinand arcos. any o the environ!ent"

health" and saety la#s #ere passed during this period. They continue to be valid unless

other#ise a!ended or repealed by a subse2uent la# passed by an act o Congress.


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Exa!ples o the Presidential 6ecrees are the Forestry Code o the Philippines /P.6. 7*)0

or the Pollution Control a# /P.6. 98;0. To this date" they continue to be valid in the

absence o a subse2uent la#.

Executive Order

n Executive -rder /E.-.0 is a presidential act providing or rules o a general or

per!anent character in the i!ple!entation or execution o constitutional or statutory

po#ers.

Administrative Order

n ad!inistrative order is an act o the Cabinet


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captain or Chair!an0 respectively. >t !ust not be inconsistent #ith a national la#. Thus"

an ordinance cannot provide or penalties lo#er than #hat is provided by the national

la#.

3. nvironmental Authorities

The principal agency tas5ed #ith the !andate or environ!ental protection is the

6epart!ent o Environ!ent and @atural 'esources /6E@'0. >t #as created pursuant to

Executive -rder @o. 19( /19870 #hich used the unctions o the inistry o @atural'esources /@'0" the @ational Pollution Control Co!!ission /@PCC0" and the @ational

Environ!ental Protection Council /@EPC0. ll reerences to these agencies in the texts

o the la#s contained in this boo5 /e.g." Environ!ent Code" Pollution Control a#0 are

dee!ed to reer to the 6E@'. Particularly" the 6E@' is responsible orD

1. The conservation" !anage!ent" develop!ent" and proper use o the country,s

environ!ental and natural resources" speciically orest and gra=ing lands" !ineral

resources" including those in reservation and #atershed areas" and lands o the publicdo!ain

(. The preservation o cultural and natural heritage through #ildlie conservation and

segregation o national par5s and other protected areas

. The pro!ulgation and enorce!ent o rules and regulations or the control o #ater"

air" and land pollution

;. The pro!ulgation and enorce!ent o a!bient and eluent standards or #ater and air2uality including the allo#able levels o other pollutants and radiation

). The pro!ulgation o policies" rules" and regulations or the conservation o thecountry,s genetic resources" biological diversity" and endangered habitats.

The 6E@' is headed by the Cabinet %ecretary" a position appointed by the President" andassisted by three undersecretaries. Belo# the! are the bureaus oD ines and

?eosciences" Forest anage!ent" and anage!ent" Environ!ental anage!ent and

Ecosyste!s 'esearch. The line unctions and regulatory po#ers o the 6E@' are

peror!ed by the regional oices distributed throughout the thirteen ad!inistrativeregions o the country. The utono!ous 'egion o usli! indanao /'0 has its

o#n version o the 6E@'. ttached to the 6E@' is the @atural 'esources 6evelop!ent

Corporation /@'6C0" a govern!ent$o#ned corporation responsible or pro!otingnatural resource develop!ent through invest!entnor!ation uthority /@'>0 and the agunaa5e 6evelop!ent uthority /60. The @'> serves as the central !apping

authority o the govern!ent. >t also conducts research on re!ote$sensing technologies"

satellite i!agery" and si!ilar technologies. The 6 is a govern!ent$o#ned

corporation #hich serves as the environ!ental regulatory authority or the aguna a5e


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region. line bureau #ithin the 6E@' is the Environ!ental anage!ent Bureau

/EB0" tas5ed #ith the principal responsibility o i!ple!enting the country,s environ$

!ental la#s. >t also serves as the secretariat o the Pollution d+udication Board /PB0"#hich hears and decides pollution cases.

!. "elevant #rovisions of the 1$%& Constitution

1. #ream'le

4e" the sovereign Filipino people" i!ploring the aid o l!ighty ?od" in order to build a

+ust and hu!ane society and establish a govern!ent that shall e!body our ideals and

aspirations" pro!ote the co!!on good" conserve and develop our patri!ony" and secureto ourselves and our posterity the blessings o independence and de!ocracy under the

rule o la# and a regi!e o truth" +ustice" reedo!" love" e2uality" and peace" do ordain

and pro!ulgate this Constitution.

2. (ational )erritory

Article *

The national territory co!prises the Philippine archipelago" #ith all the islands and#aters e!braced therein" and all other territories over #hich the Philippines has

sovereignty or +urisdiction" consisting o its terrestrial" luvial" and aerial do!ains"

including its territorial sea" the seabed" the subsoil" the insular shelves" and other

sub!arine areas. The #aters around" bet#een" and connecting the islands o thearchipelago" regardless o their breadth and di!ensions" or! part o the internal #aters

o the Philippines.

3. +eclaration of #rinci,les and State #olicies

1. "ight to Health

SC. 1-.

The %tate shall protect and pro!ote the right to health o the people and to instill health

consciousness a!ong the!.

1. duardo Hernande et. al. vs (ational #ower Cor,oration

G.". (o. 1/-32%0 arch 230 2 4 5"ight to Health6

Right to Health is Paramount over Presumed Economic Benefits

7acts8


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>n 199:" @P-C-' began the construction o (9 decagon$shaped steel poles or to#ers

to support overhead high tension cables in connection #ith its (* Gilo$volt %ucat$

raneta$Balinta#a5 Po#er Trans!ission Pro+ect. %aid trans!ission lines passes through%ergio -s!eHa" %r. &igh#ay /%outh %uperhigh#ay0" the peri!eter o Fort Boniacio and

6as!ariHas Iillage proxi!ate to Ta!arind 'oad" #here petitioners, ho!es are.

Petitioners got hold o published articles and studies lin5ing the incidence o a ecund oillnesses to exposure to electro!agnetic ields. These illnesses range ro! cancer to

leu5e!ia. >n (***" petitioners sought the issuance o a preli!inary in+unction on the

ground that the @P-C-' Pro+ect i!pinged on their right to health as enshrined inrticle >>" %ection 1) o the 1987 Constitution" #hich providesD

%ec. 1). The %tate shall protect and pro!ote the right to health o the people and instill

consciousness a!ong the!.

The trial court te!porarily restrained the respondent ro! energi=ing and trans!itting

high voltage electric current through the said pro+ect. @P-C-' iled a Petition or

Certiorari #ith the Court o ppeals. lluding to Presidential 6ecree @o. 1818 /19810"JProhibiting Courts ro! >ssuing 'estraining -rders or Preli!inary >n+unctions in Cases

>nvolving >nrastructure and @atural 'esource 6evelop!ent Pro+ects o" and PublicAtilities -perated by" the ?overn!ent"3 particularly %ec. 1" @P-C-' stal#artly sought

the dis!issal o the case on the ground o lac5 +urisdiction.

Presidential 6ecree @o. 1818 providesD

%ection 1. @o Court in the Philippines shall have +urisdiction to issue any re$straining

order" preli!inary in+unction or preli!inary !andatory in+unction in any case" dispute" orcontroversy involving an inrastructure pro+ect" or a !ining" ishery" orest or other

natural resource develop!ent pro+ect o the govern!ent" or any public utility operated by

the govern!ent" including a!ong other public utilities or transport o the goods orco!!odities" stevedoring and arrastre contracts" to prohibit any person or persons" entity

or govern!ent oicial ro! proceeding #ith or continuing the execution or

i!ple!entation o any such pro+ect" or the operation o such public utility or pursuingany la#ul activity necessary or such execution" i!ple!entation or operation.

>n the !eanti!e" the trial court ordered the issuance o a #rit o preli!inary in$+unction

against @P-C-'. >t #as o the vie# that Presidential 6ecree @o. 1818 and+urisprudence proscribing in+unctions against inrastructure pro+ects do not ind

application in the case at bar because o the health ris5s involved. The Court o ppeals

reversed the trial court,s order" hence this petition.

*ssue8

4hether or not the trial court has +urisdiction to issue a T'- and a preli!inary in+unction

even i the petitioners, right to health is at sta5eK

Held9"atio8


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E%" the trial court has +urisdiction. The issue o petitioner,s right to health is a veritable

2uestion o la# thus re!oving the case ro! the protective !antle o Presidential 6ecree@o. 1818. oreover" the issuance by the trial court o a preli!inary in+unction inds legal

support in %ection o 'ule )8 o the 'ules o Court. For a #rit o preli!inary in+unction

to be issued" the 'ules do not re2uire that the act co!plained o be in violation o therights o the applicant. >ndeed" #hat the 'ules re2uire is that the act co!plained o be

probably in violation o the rights o the applicant. >n the case at bar" there is ade2uate

evidence on record to +ustiy the conclusion that the pro+ect o @P-C-' probablyi!perils the health and saety o the petitioners so as to +ustiy the issuance by the trial

court o a #rit o preli!inary in+unction. Petitioners adduced in evidence copies o

studies lin5ing the incidence o illnesses such as cancer and leu5e!ia to exposure to

electro!agnetic ields. 6espite the parties, conlicting results o studies !ade on theissue" the possibility that the exposure to electro!agnetic radiation causes cancer and

other disorders is still" indeed" #ithin the real! o scientiic scale o probability. >n su!"

#hat Presidential 6ecree @o. 1818 ai!s to avert is the unti!ely rustration o

govern!ent inrastructure pro+ects" particularly by provisional re!edies" to the detri!ento the greater good by disrupting the pursuit o essential govern!ent pro+ects or rustrate

the econo!ic develop!ent eort o the nation. Presidential 6ecree @o. 1818" ho#ever"#as not !eant to be a blan5et prohibition so as to disregard the unda!ental right to

health" saety and #ell$being o a co!!unity guaranteed by the unda!ental la# o the

land. >n the present case" the ar$reaching irreversible eects to hu!an saety should bethe pri!ordial concerns over presu!ed econo!ic beneits per se as alleged by the

@P-C-'.

2. "ight to A !alanced cology

SC. 1.

The %tate shall protect and advance the right o the people to a balanced and healthul

ecology in accord #ith the rhyth! and har!ony o nature.

2. O,osa vs 7actoran0 22/ SC"A &$2 :;uly 30 1$$3< 4 5*nter=generational

"es,onsi'ility6 and 5,rotect and advance the right of ,eo,le for healthy and

'alanced ecology6

#rinci,le8The right to a balanced ecology is an enforceable legal right

+igested case on >ero?

/. !ills of "ights

rticle >>>

Right to Due Process o Law


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%ECT>-@ 1.

@o person shall be deprived o lie" liberty" or property #ithout due process o la#" nor

shall any person be denied the e2ual protection o the la#s.

Right to Privac!

%EC. (.

The right o the people to be secure in their persons" houses" papers" and eects against

unreasonable searches and sei=ures o #hatever nature and or any purpose shall be

inviolable" and no search #arrant or #arrant o arrest shall issue except upon probablecause to be deter!ined personally by the +udge ater exa!ination under oath or

air!ation o the co!plain$ant and the #itnesses he !ay produce" and particularly

describing the place to be searched and the persons or things to be sei=ed.

Right o Access to Inormation

%EC. 7.

The right o the people to inor!ation on !atters o public concern shall be recogni=ed.ccess to oicial records" and to docu!ents and papers pertaining to oicial acts"

transactions" or decisions" as #ell as to govern!ent research data used as basis or policy

develop!ent" shall be aorded the citi=en" sub+ect to such li!itations as !ay be provided

by la#.

1. @almonte vs. !elmonte0 1& SC"A0 G" (o. &/$30 7e'ruary 130 1$%$

Right of Access to Information

The right to information on matters of public concern is applicable and enforceableagainst a governmento!ned corporation" #aid corporation cannot invo$e the right to

privacy% a right available only to individuals"

7acts8

Ial!onte" together #ith other !e!bers o the !edia" sought to co!pel the ?%>%D

a. to urnish the! #ith the list o na!es o Batasan !e!bers belonging to A@>6- and

P6P$aban #ho #ere able to secure clean loans i!!ediately beore the February 7

election through the intercession o >!elda arcos

b. to urnish the! #ith certiied true copies o the docu!ents evidencing their respective

loans


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c. to allo# the! access to public records or the sub+ect inor!ation. >n reply" ?%>%

asserts conidentiality o its relationship #ith those #ho obtain loans.

*ssue8

Can Ial!onte" et al." co!pel ?%>% to reveal the desired inor!ationK

Held8

es. Petitioners have the right to access to the public docu!ents. The public nature o theloan$able unds o the ?%>% and the public oice held by the alleged borro#ers !a5e the

inor!ation sought a !atter o public concern. The ?%>% cannot plead privacy because

privacy !ay be raised only by the party concerned" in this case" the borro#ers. But

considering the public oice o the borro#ers" they still cannot plead privacy. The rightto privacy belongs to the individual and !ust be invo5ed by the individual. public

agency li5e the ?%>% cannot invo5e said right. corporation has no right to privacy

since the entire basis o the right to privacy is an in2uiry to the eelings and sensibilities

o the party and a corporation #ould have no such ground or relie.3 ?overn!ent"#hether carrying out its sovereign attributes or running so!e business" discharges the

sa!e unction o service to the people. oreover" it #as clearly the intent o theConstitutional Co!!ission to include govern!ent$o#ned and controlled corporations in

the scope o the right to inor!ation. But this does not !ean that ?%>% !ust urnish the

petitioners #ith the list o the na!es re2uested. The constitutional right gives the!access to oicial records.3 But the Constitution does not accord the! the right to

co!pel custodians o oicial records to prepare lists" abstracts" su!!aries" and the li5e in

their desire to ac2uire inor!ation on !atters o public concern.

2. Legas,i vs Civil Service Commission0 1- SC"A -30 G" (o. &211$0 ay

2$0 1$%&

Information of public concern is a demandable right" &overnment officials have no

discretion !hether or not to release the information" They can only prescribe the mannerby !hich the right can be e'ercised% such as% for e'ample% that it can be secured only

during office hours" Ho!ever% this right admits of e'ceptions such as !hen the

information re(uested is a matter of national security"

7acts8

ttorney Ialentin . egaspi o Cebu City re2uested or inor!ation ro! the Civil

%ervice Co!!ission. &e #anted to 5no# i t#o persons #ho #ere appointed assanitarians in the &ealth 6epart!ent o the city #ere civil service eligible. 4hen the

Co!!ission denied his re2uest" he iled a petition beore the %upre!e Court to co!pel

the Co!!ission to disclose the inor!ation he sought. r. egaspi based his de!and on%ec. 7" rticle >>> o the 1987 Constitution #hich describes a person,s constitutional right

to inor!ation on !atters o public concern. The Co!!ission deended itsel by saying

that r. egaspi had no right to as5 the Court to co!pel the Co!!ission to give hi! the


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inor!ation he see5s. oreover" the Co!!ission asserted that it had the discretion on

#hether or not it should urnish a person #ith the inor!ation re2uested.

*ssue8

6oes r. egaspi have the right to obtain the inor!ation he see5sK

Held8

es. The right o the people to have inor!ation on !atters o public interest is" by its

very nature" a public right. >n TaHada v. Tuvera /1: %C' (70" it #as said that #henthe 2uestion is one o public right and the ob+ect o the !anda!us is to procure the

enorce!ent o a public duty" the people are regarded as the real party in interest and the

realtor at #hose instigation the proceedings are instituted need not sho# that he has any

legal or special interest in the result" it being suicient to sho# that he is a citi=en and assuch interested in the execution o the la#s.3 Fro! the oregoing" it beco!es apparent

that #hen a !anda!us proceeding involves the assertion o a public right" the

re2uire!ent o personal interest is satisied by the !ere act that the petitioner is a

citi=en" and thereore" part o the general Lpublic, #hich possesses the right.3

*ssue8

Can the respondent exercise its discretion to reuse r. egaspi access to such

inor!ationK

Held8

@o. ccording to the %upre!e Court" For every right o the people recogni=ed as

unda!ental" there lies a corresponding duty on the part o those #ho govern to respect

and protect that right.3 >n recogni=ing the people,s right to be inor!ed the @e# Charterexpressly !andates the duty o the %tate and its agents to aord access to oicial records"

docu!ents" papers" and in addition" govern!ent research data used as basis or policy

develop!ent" sub+ect to such li!itations as !ay be provided byla# /%ec. 7" rticle >>>"1987 Constitution0. The guarantee has been urther enhanced #ith the adoption o a

policy o ull public disclosure" this ti!e Lsub+ect to reasonable conditions prescribed by

la#", in %ec. (8" rticle >> thereo" to #itD %ub+ect to reasonable conditions prescribed byla#" the %tate adopts or i!ple!ents a policy o ull public disclosure o all its

transactions involving public interest. >t is clear ro! the oregoing pronounce!ents o

this Court /in the cited case o TaHada and in %ubido v. -=aeta" 8* Phil. 80 that

govern!ent agencies are #ithout discretion to reuse disclosure o" or access to"inor!ation o public concern.3 &o#ever" this is not to lose sight o the reasonable

regulations #hich !ay be i!posed by said agencies in custody o public records on the

!anner in #hich the right to inor!ation !ay be exercised by the public. >n the %ubidocase" 4e /%upre!e Court0 recogni=ed the authority o the 'egister o 6eeds to regulate

the !anner in #hich persons desiring to do so !ay inspect" exa!ine" or copy records

relating to registered lands. &o#ever" the regulations #hich the 'egister o 6eeds !aypro!ulgate are conined toDL. . . prescribing the !anner and hours o exa!ination to the

end that da!age to or loss o the records !ay be avoided" that undue intererence #ith

the duties o the custodian o the boo5s and docu!ents and other e!ployees !ay be

prevented" that the right o other persons entitled to !a5e inspection !ay be insured.,4e


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#ere e!phatic in our state!ent that the authority to regulate the !anner o exa!ining

public records does not carry #ith it the po#er to prohibit. distinction has to be !ade

bet#een the discretion to reuse outright the disclosure o or access to a particularinor!ation and the authority to regulate the !anner in #hich the access is to be

aorded.3

*ssue8

>s there any li!itation on the constitutional right to inor!ationK

Held8

es. The decisive 2uestion on the propriety o the issuance o the #rit o !anda!us in

this case is #hether the inor!ation sought by the petitioner is #ithin the a!bit o theconstitutional guarantee.3 /T0 he constitutional guarantee to inor!ation on !atters o

public concern is not absolute.3 >t is still sub+ect to li!itations as !ay be provided by

la#3 /%ec. 7" rticle >>>0. Certain types o inor!ation !ay not be available or public

scrutiny" such as those aecting national security. T#o re2uisites !ust irst be ulilled inorder or the right to be enorceableD

a. The inor!ation sought is o public concern or one that involves public interest" and

b. >t is not exe!pted by la# ro! the operation o the constitutional guarantee. 4ith

regard to the irst" it is or the courts to decide on a case$to$case basis #hether aninor!ation sought is o public interest or concern. >n this case" the inor!ation the

petitioner sought to access is clearly o public interest. >t is the legiti!ate concern o

citi=ens to ensure that govern!ent positions re2uiring civil service eligibility are

occupied only by persons #ho are eligible.3 4ith regard to the second re2uisite" theinor!ation sought !ust not be a!ong the species exe!pted by la# ro! the operation o

the constitutional guarantee.3 &ere" the petitioner,s right to 5no# is upheld because there

is no la# prohibiting such inor!ation ro! being disclosed. >t is in act the case thatcivil service exa!ination results are released to the public. There is thereore no reason to

#ithhold it ro! the petitioner.

-. (ational conomy and #atrimony

rticle M>>Eicient "se o Resources

%ECT>-@ 1.

The goals o the national econo!y are a !ore e2uitable distribution o opportunities"

inco!e" and #ealth a sustained increase in the a!ount o goods and services producedby the nation or the beneit o the people and an expanding productivity as the 5ey to

raising the 2uality o lie or all" especially the underprivileged. The %tate shall pro!ote

industriali=ation and ull e!ploy!ent based on sound agricultural develop!ent and

agrarian reor!" through industries that !a5e ull and eicient use o hu!an and natural


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resources" and #hich are co!petitive in both do!estic and oreign !ar5ets. &o#ever" the

%tate shall protect Filipino enterprises against unair oreign co!petition and trade

practices. >n the pursuit o these goals" all sectors o the econo!y and all regions o thecountry shall be given opti!u! opportunity to develop. Private enterprises" including

corporations" cooperatives" and si!ilar collective organi=ations" shall be encouraged to

broaden the base o their o#nership.

#tate Ownership o $atural Resources

%EC. (.

ll lands o the public do!ain" #aters" !inerals" coal" petroleu!" and other !ineral oils"

all orces o potential energy" isheries" orests or ti!ber" #ildlie" lora and auna" andother natural resources are o#ned by the %tate. 4ith the exception o agricultural lands"

all other natural resources shall not be alienated. The exploration" develop!ent" and

utili=ation o natural resources shall be under the ull control and supervision o the %tate.

The %tate !ay directly underta5e such activities" or it !ay enter into co$production" +ointventure" or production$sharing agree!ents #ith Filipino citi=ens or corporation or

associations at least sixty percent o #hose capital is o#ned by such citi=ens. %uchagree!ents !aybe or a period not exceeding t#enty$ive years" rene#able or not !ore

than t#enty$ive years" and under such ter!s and conditions as !ay be provided by la#.

>n cases o #ater rights or irrigation" #ater supply" isheries" or industrial uses other thanthe develop!ent o #aterpo#er" beneicial use !ay be the !easure and li!it o the grant.

The %tate shall protect the nation,s !arine #ealth in its archipelagic #aters" territorial

sea" and exclusive econo!ic =one" and reserve its use and en+oy!ent exclusively to

Filipino citi=ens. The Congress !ay" by la#" al$lo# s!all$scale utili=ation o naturalresources by Filipino citi=ens" as #ell as cooperative ish ar!ing" #ith priority to

subsistence isher$!en and ish #or5ers in rivers" la5es" bays" and lagoons. The President

!ay enter into agree!ents #ith oreign$o#ned corporations involving either technical orinancial assistance or large$scale exploration" develop!ent" and utili=ation o !inerals"

petroleu!" and other !ineral oils according to the general ter!s and conditions provided

by la#" based on real contributions to the econo!ic gro#th and general #elare o thecountry. >n such agree!ents" the %tate shall pro!ote the develop!ent and use o local

scientiic and technical resources. The President shall notiy the Congress o every

contract entered into in accordance #ith this provision" #ithin thirty days ro! its

execution.

Lands o Pu%lic Domain and &lassiication

%EC. .

ands o the public do!ain are classiied into agricultural" orest or ti!ber" !ineral

lands" and national par5s. gricultural lands o the public do!ain !ay be urtherclassiied by la# according to the uses to #hich they !ay be devoted. lienable lands o

the public do!ain shall be li!ited to agricultural lands. Private corporations or

associations !ay not hold such alienable lands o the public do!ain except by lease" or a

period not exceeding t#enty$ive years" rene#able or not !ore than t#enty$ive years"


12/68

and not to exceed one thousand hectares in area. Citi=ens o the Philippines !ay lease not

!ore than ive hundred hectares" or ac2uire not !ore than t#elve hectares thereo by

purchase" ho!estead" or grant. Ta5ing into account the re2uire!ents o conservation"ecology" and develop!ent" and sub+ect to the re2uire!ents o agrarian reor!" Congress

shall deter!ine" by la#" the si=e o lands o the public do!ain #hich !ay be ac2uired"

developed" held" or leased and in the conditions thereore.

Limits o 'orest Lands and $ational Pars

%EC. ;.

The Congress shall" as soon as possible" deter!ine byla# the speciic li!its o

orestlands and national par5s" !ar5ing clearly their boundaries on the ground.Thereater" such orestlands and national par5s shall be conserved and !ay not be in$

creased nor di!inished" except byla#. The Congress shall provide" or such period as it

!ay deter$!ine" !easures to prohibit logging in endangered orest and #ater$shed areas.

Indigenous &ultural &ommunities

%EC. ).

The %tate" sub+ect to the provisions o this Constitution and national develop!ent policiesand progra!s" shall protect the rights o indigenous cultural co!!unities to their

ancestral lands to ensure their econo!ic" social" and cultural #ell$being.

The Congress !ay provide or the applicability o custo!ary la#s governing propertyrights or relations in deter!ining the o#nership and extent o ancestral do!ain.

#ocial 'unction o Propert!

%EC. :.

The use o property bears a social unction and all econo!ic agents shall contribute to the

co!!on good. >ndividuals and private groups" including corporations" cooperatives" and

si!ilar collective organi=ations" shall have the right to o#n" establish" and operate

econo!ic enterprises" sub+ect to the duty o the %tate to pro!ote distributive +ustice andto intervene #hen the co!!on good so de!ands.

1. Cru vs Secretary of nvironment and (atural "esources0 3/& SC"A 12%0

G" (o. 13-3%-0 +ecem'er 0 2 4 )he +evelo,ment of the "egalian +octrine in

the #hili,,ine Legal System6


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. Social ;ustice and Human "ights

Article III

Ecological &onsiderations in Agrarian Reorm

%EC. ;.

The %tate shall" byla#" underta5e an agrarian reor! progra! ounded on the right oar!ers and regular ar! #or5ers" #ho are landless" to o#n directly or collectively the

lands they till or" in the case o other ar! #or5ers" to receive a +ust share o the ruits

thereo. To this end" the %tate shall encourage and underta5e the +ust distribution o all

agricultural lands" sub+ect to such priorities and reasonable retention li!its as theCongress !ay prescribe" ta5ing into account ecological" develop!ental" or e2uity

considerations" and sub+ect to the pay!ent o +ust co!pensation. >n deter!ining retention

li!its" the %tate shall respect the rights o s!all lando#ners. The %tate shall urther

provide incentives or voluntary land$sharing.

Preerential "se o Marine Resources or #u%sistence 'ishermen

%EC. 7.

The %tate shall protect the rights o subsistence isher!en" especially o localco!!unities" to the preerential use o the co!!unal !arine and ishing re$sources" both

inland and oshore. >t shall provide support to such isher!en through appropriate

technology and research" ade2uate inancial" production" and !ar5eting assistance" and

other services. The %tate shall also protect" develop" and conserve such !arine resources.The protection shall extend to oshore ishing grounds o subsistence.

The %tate shall adopt an integrated and co!prehensive approach to health develop!ent#hich shall endeavor to !a5e essential goods" health and other social services available

to all the people at aordable cost. There shall be priority or the needs o the

underprivileged" sic5" elderly" disabled" #o!en" and children. The %tate shall endeavor toprovide ree !edical care to paupers.

%EC. 1(.

The %tate shall establish and !aintain an eective ood and drug regulatory syste! andunderta5e appropriate health !anpo#er develop!ent and research" responsive to the

country,s health needs and proble!s.

Rights o *omen

%EC. 1;.The %tate shall protect #or5ing #o!en by providing sae and healthul #or5ing

conditions" ta5ing into account their !aternal unctions" and such acilities and

opportunities that #ill enhance their #elare and enable the! to reali=e their ull potential

in the service o the nation.


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Role and Rights o People+s Organi,ations

%EC. (.

The %tate shall encourage nongovern!ental" co!!unity$based" or sectoral organi=ations

that pro!ote the #elare o the nation /rticle >>0.

%EC. 1).

The %tate shall respect the role o the independent people,s organi=ations to enable thepeople to pursue and protect" #ithin the de!ocratic ra!e#or5" their legiti!ate and

collective interests and aspirations through peaceul and la#ul !eans. People,s

organi=ations are bona ide associations o citi=ens #ith de!onstrated capacity to

pro!ote the public interest and #ith identiiable leadership" !e!bership" and structure.

&. Local Autonomy

Article >

%EC. ().The %tate shall ensure the autono!y o local govern!ents /rticle >>0

$$$ N Principle o decentrali=ation /!anage!ent o local aairs0

C. General nvironmental Laws

1. #hili,,ine nvironmental #olicy :#+ 11-1" Ferdinand E. arcos" President o the 'epublic o the Philippines" byvirtue o the po#ers vested in !e by the Constitution" do here$by order and decreeD

SC)*O( 1. #hort -itle$ This 6ecree shall be 5no#n and cited as the Philippine

Environ!ent Code.3

Title >ir Quality anage!ent

@oteDThe provisions on air 2uality !anage!ent have been revised by the Clean irct o 1999

/'. . @o. 87;9. Please see Chapter 0.

Title >>4ater Quality anage!ent


17/68

@oteD

The provisions on 4ater Quality have been revised by the Clean 4ater ct /'epublic

ct RRRR" Please see Chapter ;0 . The provisions 2uoted hereunder" esp. %ec.17 and (*"#ere creatively used to co!pel the various govern!ent agencies to clean up anila Bay.

Please ne#s article belo#. &o#ever" the case is still under litigation #ith the ?overn!ent

iling a Petition or 'evie# beore the %upre!e Court ro! the 6ecision o the Court oppeals.

SC. 1/.Purpose$ >t is the purpose o this Title to prescribe !anage!ent guidelines

ai!ed to protect and i!prove the 2uality o Philippine #ater resources throughD

a. classiication o Philippine #aters

b. establish!ent o #ater 2uality standards

c. protection and i!prove!ent o the 2uality o the Philippine #ater resourcesd. responsibilities or surveillance and !itigation o pollution incidents.

Cha,ter *Classification and Standards

SC. 1-. &lassiication o Philippine *aters $ The @ational Pollution ControlCo!!ission" in coordination #ith appropriate govern!ent agencies" shall classiy

Philippine #aters" according to their best usage. >n classiying said #aters" the @ational

Pollution Control Co!!ission shall ta5e into account" a!ong others" the ollo#ingD

a. the existing 2uality o the body o #ater at the ti!e o classiication

b. the si=e" depth" surace area covered" volu!e" direction" rate o lo#" gradient o strea!

c. the !ost beneicial uses o said bodies o #ater and lands bordering the! orresidential" agricultural" co!!ercial" industrial" navigational" recreational" and aesthetic

purposes.

SC. 1. Reclassiication o *aters .ased on Intended .eneicial "se $ 4here the

public interest so re2uires" the @ational Pollution Control Co!!ission" in coordination

#ith appropriate govern!ent agencies" shall reclassiy a body o #ater based on theintended beneicial use and ta5e such steps as !ay be necessary to upgrade the 2uality o

said #ater. -ther govern!ent agencies !ay adopt higher standards or a particular body

o #ater" sub+ect to the approval o the @ational Pollution Control Co!!ission.

SC. 1&. "pgrading o *ater /ualit! 0 4here the 2uality o #ater has deteriorated to adegree #here its state #ill adversely aect its best usage" the govern!ent agenciesconcerned shall ta5e such !easures as !ay be necessary to upgrade the 2uality o such

#ater to !eet the prescribed #ater 2uality standards.

SC. 1%. *ater /ualit! #tandards $ The @ational Pollution Control Co!!ission shallprescribe 2uality and eluent standards consistent #ith the guidelines set by the @ational


18/68

Environ!ental Protection Council and the classiication o #aters pre$scribed in the

preceding sections" ta5ing into consideration" a!ong others" the ollo#ingD

a. the standard o #ater 2uality or purity !ay vary according to beneicial uses

b. the technology relating to #ater pollution control.

CA "DL*(G CO#LS GO@). )O CLA( D# A(*LA !AEA(*LA0

Octo'er 130 2- :S)A"< !y ichael #unong'ayan

Fiteen govern!ent agencies are no# co!pelled to save the country,s !ost i!portant

coastline ollo#ing a land!ar5 decision by the Court o ppeals /C0 to avor anilaBay area residents" #ho iled a class suit against the national govern!ent in 1999.The

appellate court" in a resolution dated %ept. (8" (**)" crac5ed the #hip on the

etropolitan 4ater#or5s and %e#erage %yste!s" the ocal 4ater Atilities

d!inistration" the Philippine Ports uthority and 1( other national govern!ent oicesor being re!iss in their obligation to clean up" rehabilitate" and protect anila Bay"

#hich has been do#ngraded into a virtual body o #ater illed #ith ecal colior!.The order gives the 1) agencies and all concerned local govern!ent units six !onths to

act. lso included in the suit #ere the 6epart!ent o Environ!ent and @atural

'esources" 6epart!ent o griculture" Bureau o Fisheries and 2uatic 'esources"Philippine Coast ?uard" etropolitan anila 6evelop!ent uthority" Philippine

@ational Police ariti!e ?roup" 6epart!ent o Budget and anage!ent" 6epart!ent

o Education and 6epart!ent o the >nterior and ocal ?overn!ent. The C speciically

tas5ed govern!ent agencies to co!e up #ith a concerted plan o action to clean up andrehabilitate the anila Bay and its #ater#ays to restore it to Class %B classiication

/bathing standard0 and to revitali=e its !arine lie.3 C %econd 6ivision ssociate udge

Elie=er de os %antos" as concurred by ssociate udges Eugenio abitoria and ose'eyes r." upheld the earlier decision o Executive udge ucenito Tagle o the 'egional

Trial Court o >!us" Cavite dated %ept. 1" (**(" avoring concerned residents in cities

and !unicipalities surrounding anila Bay in a class suit iled against the Philippinegovern!ent in anuary 1999.The %tar" through la#yer Tony -posa o the Philippine Bar

ssociation /PB0" obtained a copy o the 1$page decision" #hich he described as a

grandsla!3 victory or environ$!ental advocates li5e hi! #ho ear or the continuing

depletion and deterioration o the country,s natural resources. ll 1) govern!entagencies" ater losing at the lo#er court" too5 the case to the C in an eort to reverse the

ruling. &o#ever" the C said the consolidated appeal #as beret o !erit.3 The

decision o the lo#er court does not re2uire deendants to do tas5s outside o their usualunctions. They are !erely directed to co!e up #ith consolidated and coordinated

eorts" each peror!ing its basic unction in rehabilitating and cleaning up the #aters o

anila Bay"3 the C ruling said.

Cha,ter **#rotection and *m,rovement of Fater uality


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SC. 1$.Enorcement and &oordination $ The production" utili=ation" storage" and

distribution o ha=ardous" toxic" and other substances such as radioactive !aterials" heavy

!etals" pesticides" ertili=ers" and oils" and the disposal" discharge" and du!ping ountreated #aste#ater" !ine tailings" and other substances that !ay pollute any body o

#ater o the Philippines resulting ro! nor!al operations o industries" #ater$borne

sources" and other hu!an activities as #ell as those resulting ro! accidental spills anddischarges shall be regulated by appropriate govern!ent agencies pursuant to their

respective charters and enabling legislations. >n the peror!ance o the above unctions"

the govern!ent agencies concerned shall coordinate #ith the @ational Environ!entalProtection Council and urnish the latter #ith such inor!ation as !ay be necessary to

enable it to attain its ob+ectives under Presidential 6ecree @o.11(1.

SC. 2. &lean0up Operations$ >t shall be the responsibility o the polluter to contain"re!ove" and clean up #ater pollution incidents at his o#n expense. >n case o his ailure

to do so" the govern!ent agencies concerned shall underta5e contain!ent" re!oval" and

clean$up operations and expenses incurred in said operations shall be charged against the

persons and


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a. a science$based and technology$oriented land inventory and classiication syste!

b. a deter!ination o present land uses" the extent to #hich they are utili=ed"

underutili=ed" rendered idle" or abandonedc. a co!prehensive and accurate deter!ination o the adaptability o the land or

co!!unity develop!ent" agriculture" industry" co!!erce" and other ields o endeavor

d. a !ethod o identiication o areas #here uncontrolled develop!ent could result inirreparable da!age to i!portant historic" cultural" or aesthetic values" or natural syste!s

or processes o national signiicance

e. a !ethod or exercising control by the appropriate govern!ent agencies over the use oland in areas o critical environ!ental concern and areas i!pacted by public acilities

including" but not li!ited to" airports" high#ays" bridges" ports and #harves" buildings"

and other inrastructure pro+ects.

. a !ethod to ensure the consideration o regional develop!ent and land use in localregulations

g. a policy or inluencing the location o ne# co!!unities and !ethods or assuring

appropriate controls over the use o land around ne# co!!unities

h. a syste! o controls and regulations pertaining to areas and develop!ent activitiesdesigned to ensure that any source o pollution #ill not be located #here it #ould result

in a violation o any applicable environ!ental pollution control regulations andi. a reco!!ended !ethod or the periodic revisions and updating o the national land use

sche!e to !eet changing conditions.

SC. 2/.Location o Industries$ >n the location o industries" actories" plants" depots"

and si!ilar industrial establish!ents" the regulating or enorcing agencies o the

govern!ent shall ta5e into consideration the social" econo!ic" geographic" and

signiicant environ!ental i!pact o said establish!ents.

)itle *@(atural "esources anagement and Conservation

SC. 2-.Purposes$ The purposes o this Title areD

a. to provide the basic policy on the !anage!ent and conservation o the country,snatural resources to obtain the opti!u! beneits therero! and to preserve the sa!e or

the uture generations

b. to provide general !easures through #hich the aoresaid policy !ay be carried out

eectively.

Cha,ter *7isheries and Auatic "esources

@oteDThe policies on isheries and a2uatic resources are urther reiterated and a!pliied by the

Fisheries Code o 1998 /'ep. ct @o. 8))*. Please see Chapter ; %ea0.

SC. 2. Management Polic! $ The national govern!ent" through the 6epart!ent o@atural 'esources" shall establish a syste! o rational exploitation o isheries and


21/68

a2uatic resources #ithin the Philippine territory and shall encourage citi=en participation

therein to !aintain and-@% (8 and (9.The provisions o these sections are dee!ed !odiied by 'ep. ct

91;7" the ne# co!prehensive la# on the Conservation and Protection o 4ildlie /Pleasesee Chapter" Protected %pecies0

Cha,ter ***7orestry and Soil Conservation

SC. 3. Management Polic! or 'orestr! $ The national govern!ent" through the

6epart!ent o @atural 'esources" shall underta5e a syste! o rational exploitation o

orest resources and shall encourage citi=en participation therein to 5eep the country,sorest resources at !axi!u! productivity at all ti!es.

#E&1 231 Measures or Rational Exploitation o 'orest Resources$ easures or the

rational exploitation o orest resources !ay include" but shall not be li!ited to theollo#ingD

a. regulating the !ar5eting o threatened orest resourcesb. revie#ing all existing rules and regulations on the exploitation o orest resources #ith

a vie# o or!ulating guidelines or the syste!atic and eicient enorce!ent thereo

c. conserving threatened species o lora as #ell as increasing their rate o propagation

the banning o destructive !odes o exploitation" 5aingin" !a5ing or shiting cultivation"indiscri!inate harvesting o !inor orest products" the recycling !ethods o #aste

!aterials" and

d. carrying out a continuing eect on reorestation" ti!ber stand i!prove!ent" orestprotection" land classiication" orest occupancy !anage!ent" agriculture" range

!anage!ent" agricultural


22/68

SC. 32. "se o 'ertili,ers and Pesticides $ The use o ertili=ers and pesticides in

agriculture shall be regulated prescribing there$ore a tolerance level in their use. Their

use shall be !onitored by appropriate govern!ent agencies to provide e!pirical data oreective regulation.

SC. 33.Management Polic! on #oil &onservation$ The national govern!ent" throughthe 6epart!ent o @atural 'esources and the 6epart!ent o griculture" shall li5e#ise

underta5e a soil conservation progra! including therein the identiication and protection

o critical #atershed areas" encourage!ent o scientiic ar!ing techni2ues" physical andbiological !eans o soil conservation" and short$ter! and long$ter! researches and

technology or eective soil conservation.

Cha,ter *@7lood Control and (atural Calamities

SC. 3/.Measures in 'lood &ontrol Program$ >n addition to the pertinent pro$visions

o existing la#s" the ollo#ing shall be included in soil erosion" sedi!ent" and lood

control progra!D

a. the control o soil erosion on the ban5s o rivers" the shores o la5es" and theseashores

b. the control o lo# and looding in and ro! rivers and la5es

c. the conservation o #ater #hich" or purposes o this %ection shall !ean or!s o#ater" but shall not include captive #ater

d. d. the needs o isheries and #ildlie and all other recreational uses o natural

#ater

e. !easures to control the da!!ing" diversion" ta5ing" and use o natural #ater soar as any such act !ay aect the 2uality and availability o natural #ater or

other purposes

. !easures to sti!ulate research in !atters relating to natural #ater and soilconservation and the application o 5no#ledge thereby ac2uired.

SC. 3-. Measures to Mitigate Destructive Eects o &alamities $ The nationalgovern!ent" through the Philippine t!ospheric" ?eophysical" and strono!ical %er$

vices d!inistration" shall pro!ote intensiied and concerted research eorts on #eather

!odiication" typhoon" earth2ua5e" tsuna!i" stor! surge" and other tropical natural

pheno!ena in order to bring about any signiicant eect to !itigate or prevent theirdestructive eects.

Cha,ter @nergy +evelo,ment

@oteD

The ollo#ing provisions are dee!ed !odiied and a!pliied by the creation o the

6epart!ent o Energy" '. . @o. 7:8 /199(0.

SC. 3. Polic! = Consistent #ith the environ!ental protection policies" the nationalgovern!ent" through the Energy 6evelop!ent Board" shall underta5e an energy


23/68

develop!ent progra! encouraging therein the utili=ation o invariant sources such as

solar" #ind" and tidal energy.

SC. 3&.Measures or Energ! Development$ easures or anO energy develop!ent

progra! !ay include" but shall not be li!ited to" the ollo#ingD

a. setting up o pilot plants utili=ing invariant sources o energy

b. training o technical personnel or purposes o energy develop!ent

c. conducting researches ai!ed at developing technology or energy develop!ent.

SC. 3%. #aet! Measures on Energ! Development$ 'ules and regulations shall bepro!ulgated to prevent or !itigate the adverse eects o energy develop!ent on the

environ!ent. For this purpose" all nuclear$po#ered plants exploring and utili=ing geo$

ther!al energy" #hether o#ned or controlled by private or govern!ent entities shallD

a. observe internationally accepted standards o saety and

b. provide saety devices to ensure the health and #elare o their personnel as #ell as thesurrounding co!!unity.

Cha,ter @*Conservation and Dtiliation of Surface and Ground Faters

SC. 3$.Management Polic! 0 >n addition to existing la#s" the national govern!ent"

through the @ational 4ater 'esources Council in coordination #ith other appropriate

govern!ent agencies" shall prescribe !easures or the conservation and i!prove!ent othe 2uality o Philippine #ater resources and provide or the prevention" control" and

abate!ent o #ater pollution.

Cha,ter @**ineral "esources

@oteD

The provisions on !ineral resources are dee!ed a!pliied by the Philippine ining ct

o 199) /'. . @o. 79;(0.

SC. /. Management Polic! $ The national govern!ent" through the 6epart!ent o

@atural 'esources" shall underta5e a syste! o gainul exploitation and rational and

eicient utili=ation o !ineral resources and shall encourage citi=en participation in this

endeavor.

SC. /1.Measures or Exploitation and "tili,ation o Mineral Resources easures

or the gainul exploitation and rational and eicient utili=ation o such !ineral resources!ay include" but shall not be li!ited to" the ollo#ingD

a. increasing research and develop!ent in !ineral resources technology


24/68

b. training o additional technical !anpo#er needed in geology" geophysics" !ining

engineering" and related ields

c. regulating the exploitation o identiied !ineral reservesd. accelerating the exploration o undiscovered !ineral deposits

e. encouraging the establish!ent o processing plants or reined !etals.

)itle @Faste

@oteD

%ections ;( to ;9 on #aste !anage!ent are dee!ed !odiied by the %olid 4aste

anage!ent ct /'.. 9**0.

The responsibility o local govern!ents or solid #aste !anage!ent is urther a!pliiedby the provisions o the ocal ?overn!ent Code o 1991 /'ep. ct @o. 71:*0 and the

Ecological %olid 4aste anage!ent ct /'.. 9**0.

Cha,ter ***ethods of Liuid Faste +is,osal:+eemed "evised 'y the Clean Fater Act0 ".A. $2&-t is the general a!ount o

pollution present in a broad area.

'. mission$ !eans the act o passing into the at!osphere an air conta!inant" pollutant"

gas strea!" and un#anted sound ro! a 5no#n source.

c. Fater uality$ !eans the characteristics o #ater #hich deine its use in ter!s o

physical" che!ical" and biological contents hence the 2uality o #ater or do!estic use is

dierent ro! industrial use

d. Fater uality surveillance = !eans a close and continuous supervision o the #ater2uality to detect develop!ents" !ove!ents" or changes in the characteristics o the #ater.

e. Fater uality standard = !eans a plan that is established by govern!ental authorityas a progra! or #ater pollution prevention and abate!ent. %uch a standard !ay include

#ater use classiication and the criteria to support the uses o the #ater.

f. ffluent standards$ !eans restrictions established to li!it levels o concentration ophysical" che!ical" and biological constituents #hich are discharged ro! point sources.

g. Clean=u, o,erations $ reers to activities conducted in re!oving the pollutants

discharged or spilled in #ater to restore it to pre$spill condition.

h. Accidental s,ills$ reers to spills o oil or other ha=ardous substances in #ater thatresult ro! accidents involving the carriers o such substance such as collisions and

grounding.

i. Areas of critical environmental concern = are areas #here uncontrolled develop!entcould result in irreparable da!age to i!portant historic" cultural" or aesthetic values or

natural syste!s or processes o national signiicance.

I. Haardous su'stances !eans ele!ents or co!pounds #hich #hen discharged inany 2uantity present i!!inent or substantial danger to public health and #elare.

J. Areas im,acted 'y ,u'lic facilities = reers to areas #here the introduction o public

acilities !ay tend to induce develop!ent and urbani=ation o !ore than local

signiicance or i!pact.

l. nvironmental im,act$ is the alteration" to any degree" o environ$!ental conditions

or the creation o ane# set o environ!ental conditions" adverse or beneicial" to be

induced or caused by a proposed pro+ect.

m. Government agencies $ reers to national" local" and regional agencies and

instru!entalities including govern!ent$o#ned and controlled corporations.

)itle @**7inal #rovisions

#E&1 921 #epara%ilit! o Provisions$ > any provision o this Code" or the application o

such provision to any person or circu!stance" is declared unconstitutional" the re!ainder


27/68

o the Code or the application o such provision to other persons or circu!$stances shall

not be aected by such declaration.

#E&1 981 Eectivit!$ This Code shall ta5e eect upon its approval. 6one in the City o

anila" this :th day o une" 1977.

3. #ollution Control Law :#+ $%/nsular -il 'einery Co. />@%->0" #ere charged by the

provincial iscal o 'i=al or a violation o %ections 9 and 1* o 'epublic ct @o. 91"

entitled n ct Creating a @ational 4ater and ir Pollution Control Co!!ission.3%peciically" the co!plaint alleged that >@%-> polluted the environ!ent by du!ping its

industrial and other ha=ardous #astes into the high#ay canal in the vicinity o its plant.

r. ead assails the +urisdiction o the court saying that the @ational 4ater and ir

Pollution Co!!ission has the exclusive authority to deter!ine the existence opollution3 beore a cri!inal case can be iled or violation o said la# and that the

Co!!ission has the exclusive authority to prosecute said violations. Thus" the not havinginally ruled that there is a violation o 'epublic ct @o. 91 in this case" the provincialiscal lac5s the authority to prosecute hi! or violation o said la#. The respondents on

the other hand" !aintain that the courts have concurrent +urisdiction #ith the Co!!ission

to prosecute violations o 'epublic ct @o. 91.

*ssue8

6oes the court have +urisdiction to try the case or pollutionK

Held8

@o. 'epublic ct @o. 91 is a la# prohibiting the pollution o #ater #ays andn %ec. (" paragraph /a0"o 'epublic ct @o. 91" pollution is deined in these #ordsD/a0 Pollution !eans such

alteration o the physical" che!ical" and


35/68

to create or render such #aters and!ple!enting 'ules and

'egulations and the 198( Eluent 'egulations. The case ste!!ed ro! PB,s indingsater several inspections that %olar,s textile plant in alabon #as discharging untreated

#aste#ater directly into a canal leading to the Tullahan Tene+eros 'iver. -n %epte!ber

((" 1988" the PB issued an ex parte cease and desist order /C6-0against %olar signedby Board Chair!an and then 6E@' %ecretary Fulgencio Facto$ran" r. -n arch 1"

1989" a #rit o execution #as issued. %olar iled a !otion or reconsideration to stay the

execution o the C6-. cting on this !otion" the PB issued an order allo#ing %olar tooperate te!porarily pending another inspection and evaluation by the PB and the

6E@'. &o#ever" on pril (1" %olar #ent to the 'TC Que=on City on a petition to en+oin

the execution o the C6-. The 'TC dis!issed %olar,s petition saying that appeal #as the

proper re!edy and that the Board,s subse2uent order allo#ing %olar to operate


36/68


37/68

residents. The co!plainants alleged that ha=ardous u!es or s!o5e ro! the plant,s

chi!ney #as polluting the environ!ent and causing sic5$ness a!ong the locals.

'esponding to the co!plaints" acting ayor Pablo @. Cru= ordered the closure o theplant basing his decision on T6>,s apparent lac5 o building per!it" !ayor,s per!it and

anti$pollution per!it ro! the @ational Pollution Control Co!!ission /no# 6E@'$

EB0 T6> brought a petition beore the 'TC o Bulacan to prevent the !ayor ro!carrying out his order. &o#ever" the 'TC allo#ed the !ayor to eect the closure. T6>

then #ent to the Court o ppeals #hich also dis!issed the petition. &ence" this petition

beore the %upre!e Court.

*ssue8

4as the 'TC correct in allo#ing the !ayor to eect the closure o the allegedly

polluting establish!entK

Held8

@o.

anuary (1" 1991 6ecisionThe initial decision o the %upre!e Court dated anuary (1" 1991 declared that the

ayor,s closure order #as done pursuant to the latter,s police po#er. >t 2uoted theportion o the 'TC decision #hich saidD 4hile it is true that the !atter o deter!ining

#hether there is a pollution o the environ!ent that re2uires control i not prohibition o

the operation o a business is essentially addressed to then @ational Pollution ControlCo!!ission o the 6epart!ent o @atural 'esources" it !ust be recogni=ed that the

!ayor o a to#n has as !uch responsibility o protecting its inhabitants ro! pollution"

by virtue o his police po#er" he !ay deny the application or a per!it to operate a

business or other#ise close the sa!e unless appropriate !easures are ta5en to controland


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#hich created and established on ugust 18" 197: the @ational Pollution Control

Co!!ission" later rena!ed Environ$!ental anage!ent Bureau /or EB0 Las the

pri!ary agency responsible or the prevention and control o environ!ental pollutionL inthe country. The pri!acy o its +urisdiction on !atters o air" #ater" and pollution" is

air!ed in %ections 1* and 17 o Presidential 6ecree @o. 98; #hich provide that the

rules and regulations issued by the EB or the prevention o pollution Lshall supersedeand prevail over any rules or regulations as !ay heretoore have been issued by other

govern!ent agencies or instru!entalities on the sa!e sub+ect", and Lany provision o

la#s" presidential decrees" executive orders" rules and regulations and,s other#ise legiti!ate businesson the ground that its plant #as causing excessive air pollution. -nly the EB" ater due

notice and hearing" !ay deter!ine #hether excessive pollution exists.3 The co!plaintagainst the T6> or violation o anti$pollution la#s should have been addressed to the

EB #hich alone is e!po#ered to investigate and" ater a public hearing" to deter!ine

#hether the charcoal bri2uette plant #as causing air pollution in excess o per!issibleli!its" #hether the discharge o s!o5e ro! petitioner,s 1:$!eters!o5e stac5 should be

reduced or discontinued" #hether additional devices or that purpose should be installed"

and #hether its business should be te!porarily suspended or totally banned. That

investigation and deter!ination can only be !ade by the EB" assisted by its sta osanitary engineers" environ!ental experts" che!ists" physicians" and technical !en

#or5ing #ith scientiic e2uip!ent and laboratory acilities to !easure the degree and

extent o air pollution in the plant site and around it" and deter!ine the danger" i any"that it poses to the health o the people in the barangay #here the plant is located. >t #as

never the la#,s intention to place in the hands o +ust any lay$!an" ho#ever high his

!otives !ay be" the authority to deter!ine i pollution exists" and the po#er to toll thedeath 5nell o a !ulti$!illion peso industry #hich" in this case" not only provides +obs"

but also brings in export dollars or the country,s dollar$starved econo!y. special

agency" the EB" #as created by la# or this purpose.3

+. nvironmental Administration

1. ?ecutive +e,artments thru which the #resident e?ercises ,ower of

control and su,ervision over natural resources.

A. +e,artment of nvironmental "esources

!. +e,artment of Agriculture

C. +e,artment of nergy


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(@*"O(()AL A+*(*S)"A)*O(

+e,artment of nvironment and (atural "esources

:?ecutive Order 1$20 1$%&t is hereby declared the policy o the %tate to ensure the sustainable use" develop!ent"

!anage!ent" rene#al" and conservation o the countryUs orest" !ineral" land" o$shore

areas and other natural resources" including the protection and enhance!ent o the 2uality

o the environ!ent" and e2uitable access o the dierent seg!ents o the population to


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the develop!ent and use o the countryUs natural resources" not only or the present

generation but or uture generations as #ell. >t is also the policy o the state to recogni=e

and apply a true value syste! including social and environ!ental cost i!plicationsrelative to their utili=ation" develop!ent and conservation o our natural resources.

Section /andate

The 6epart!ent shall be the pri!ary govern!ent agency responsible or theconservation" !anage!ent" develop!ent" and proper use o the countryUs environ!ent

and natural resources" speciically orest and gra=ing lands" !ineral resources" including

those in reservation and #atershed areas" and lands o the public do!ain" as #ell as the

licensing and regulation o all natural resources as !ay be provided or by la# in order toensure e2uitable sharing o the beneits derived therero! or the #elare o the present

and uture generations o Filipinos.

To acco!plish its !andate" the 6epart!ent shall be guided by the ollo#ing o'Iectivesthat will serve as 'asis for ,olicy formulationD

ssure the availability and sustainability o the countryUs natural resources through

+udicious use and syste!atic restoration or replace!ent" #henever possible

>ncrease the productivity o natural resources in order to !eet the de!ands or orest"!ineral" and land resources o a gro#ing population

Enhance the contribution o natural resources or achieving national econo!ic and social

develop!ent

Pro!ote e2uitable access to natural resources by the dierent sectors o the population

Conserve speciic terrestrial and !arine areas representative o the Philippine natural andcultural heritage or present and uture generations.

Section -

#owers and 7unctions

)o accom,lish its mandate0 the +e,artment shall have the following ,owers and

functions8

a. dvise the President on the enact!ent o la#s relative to the develop!ent" use"

regulation" and conservation o the countryUs natural resources and the control opollution

b. For!ulate" i!ple!ent" and supervise the govern!entUs policies" plans and progra!spertaining to the !anage!ent" conservation" develop!ent" use and replenish!ent o the

countryUs natural resources


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c. Pro!ulgate rules and regulations in accordance #ith la# governing the exploration"

develop!ent" conservation" extraction" disposition" use and such other co!!ercial

activities tending to cause the depletion and degradation o our natural resources

d. Exercise supervision and control over orest lands" alienable and disposable lands" and

!ineral resources and in the process o exercising such control" the 6epart!ent shalli!pose appropriate pay!ents" ees" charges" rentals" and any such or! o levy and

collect such revenues or the exploration" develop!ent" utili=ation or gathering o such

resources

e. Anderta5e exploration" assess!ent" classiication and inventory o the countryUs

natural resources using ground surveys" re!ote sensing and co!ple!entary technologies

. Pro!ote proper and !utual consultation #ith the private sector involving natural

resources develop!ent" use and conservation

g. Anderta5e geological surveys o the #hole country including its territorial #aters

h. Establish policies and i!ple!ent progra!s or theD

1. ccelerated inventory" surveys and classiication o lands" orest" and !ineral

resources using appropriate technology" to be able to co!e up #ith a !ore accurateassess!ent o resource 2uality and 2uantity

(. E2uitable distribution o natural resources through the +udicious ad!inistration"

regulation" utili=ation" develop!ent and conservation o public lands" orest" and !ineralresources /including !ineral reservation areas0" that #ould beneit a greater nu!ber o

Filipinos

. Pro!otion" develop!ent and expansion o natural resource$based industries

;. Preservation o cultural and natural heritage through #ildlie conservation andsegregation o national par5s and other protected areas

). aintenance o a #holeso!e natural environ!ent by enorcing environ!ental

protection la#s and

:. Encourage!ent o greater people participation and private initiative in natural

resources !anage!ent.

i. Pro!ulgate rules and regulations necessary toD

1. ccelerate cadastral and e!ancipation patent surveys" land use planning" and public

land titling


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(. &arness orest resources in a sustainable !anner" to assist rural develop!ent" support

orest$based industries" and provide ra# !aterials to !eet increasing de!ands" at the

sa!e ti!e" 5eeping ade2uate reserves or environ!ental stability and

. Expedite !ineral resources surveys" pro!ote the production o !etallic and non$

!etallic !inerals" and encourage !ineral !ar5eting.

+. 'egulate the develop!ent" disposition" extraction" exploration and use o the countryUs

orest" land and !ineral resources

5. ssu!e responsibility or the assess!ent" develop!ent" protection" conservation"

licensing and regulation as provided or by la#" #here applicable" o all natural

resources the regulation and !onitoring o service contractors" licensees" lessees" andper!ittees or the extraction" exploration" develop!ent and utili=ation o natural resource

products the i!ple!entation o progra!s and !easures #ith the end in vie# o

pro!oting close collaboration bet#een the govern!ent and the private sector the

eective and eicient classiication and sub$classiication o lands o the public do!ainand the enorce!ent o natural resources la#s" rules and regulations

l. Pro!ulgate rules" regulations and guidelines on the issuance o co$production" +oint

venture or production sharing agree!ents" licenses" per!its" concessions" leases" and

such other privileges and arrange!ent concerning the develop!ent" exploration andutili=ation o the countryUs natural resources and shall continue to oversee" supervise and

police our natural resources to cancel or cause to cancel such privileges and

arrange!ents upon ailure" non$co!pliance" or violations o any regulations" orders" and

or all other causes #hich are in urtherance o the conservation o natural resources andsupportive o the national interests

!. Exercise exclusive +urisdiction on the !anage!ent and disposition o all lands o the

public do!ain and shall continue to be the sole agency responsible or classiication" sub$classiication" surveying and titling o lands in consultation #ith appropriate agencies

n. >!ple!ent !easures or the regulation and supervision o the processing o orestproducts" grading and inspection o lu!ber and other orest products and !onitoring o

the !ove!ent o ti!ber and other orest products

o. Pro!ulgate rules and regulations or the control o #ater" air and land pollution

p. Pro!ulgate a!bient and eluent standards or #ater and air 2uality including the

allo#able levels o other pollutants and radiations

2. Pro!ulgate policies" rules and regulations or the conservation o the countryUs genetic

resources and biological diversity" and endangered habitats

r. For!ulate an integrated" !ulti$sectoral " and !ultidisciplinary @ational Conservation

%trategy" #hich #ill be presented to the Cabinet or the PresidentUs approval and


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s. Exercise other po#ers and unctions and peror! such other acts as !ay be necessary"

proper or incidental to the attain!ent o its !andates and ob+ectives.

Section

Structural Organiation

The 6epart!ent shall consist o the 6epart!ent proper" the %ta oices" the %ta

bureaus" and the regional


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vested in the %ecretary o Environ!ent and @atural 'esources" hereinater reerred to as

%ecretary" #ho shall supervise the 6epart!ent and shall be appointed by the President.

7or such ,ur,oses0 the Secretary shall have the following functions8

a. dvise the President on the pro!ulgation o rules" regulations and other issuancesrelative to the conservation" !anage!ent" develop!ent and proper use o the countryUs

natural resources

b. Establish policies and standards or the eicient and eective operations o the

6epart!ent in accordance #ith the progra!s o the govern!ent

c. Pro!ulgate rules" regulations and other issuances necessary in carrying out the6epart!entUs !andate" ob+ectives" policies" plans" progra!s" and pro+ects

d. Exercise supervision over all unctions and activities o the 6epart!ent

e. 6elegate authority or the peror!ance o any ad!inistrative or substantive unction to

subordinate oicials o the 6epart!ent and

. Peror! other unctions as !ay be provided by la# or assigned appropriately by the

President.

Section %

Office of the Secretary

The -ice o the %ecretary shall consist o the %ecretary and his i!!ediate sta.

Section $

Dndersecretary

The %ecretary shall be assisted by ive /)0 Andersecretaries #ho shall be appointed by thePresident upon the reco!!endation o the %ecretary. The %ecretary is hereby authori=ed

to delineate" assign and


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c. Pro!ulgate rules and regulations" consistent #ith 6epart!ent policies" that #ill

eiciently and eectively govern the activities o units under his responsibility

d. Coordinate the unctions and activities o the units under his responsibility #ith those

o other units under the responsibility o other Andersecretaries

e. Exercise authority on substantive and ad!inistrative !atters related to the unctions

and activities o units under his responsibility as !ay be delegated by the %ecretary and

. Peror! other unctions as !ay be provided by la# or assigned by the %ecretary.

Section 1

Assistant Secretary

The %ecretary and the Andersecretaries shall be assisted by seven /70 ssistant

%ecretaries in the or!ulation" !anage!ent and i!ple!entation o natural resources

la#s" policies" plans" and progra!s and pro+ects. They shall oversee the day$to$dayoperations" ad!inistration and supervision o the constituents o the 6epart!ent. The

seven /70 ssistant %ecretaries shall be responsible or theollo#ingDchanroblesvirtualla#library

a. Policy and Planning %tudies

b. Foreign$ssisted and %pecial Pro+ects

c. Field -perations in u=on

d. Field -perations in Iisayas

e. Field -perations in indanao

. egal airs

g. anage!ent %ervices

Section 11

#u'lic Affairs Office

There is hereby created a Public airs -ice" under the -ice o the %ecretary" to be

headed by a 6irector and assisted by an ssistant 6irector" #hich shall serve as thepublic inor!ation ar! o the 6epart!ent. >t shall be responsible or disse!inating

inor!ation on natural resources develop!ent" policies" plans" progra!s and pro+ects

and respond to public 2ueries related to the develop!ent and conservation o naturalresources.

The Public airs -ice o all bureaus are hereby abolished and their unctions are

transerred to the Public airs -ice in accordance #ith %ection (;/b0 thereo.


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Section 12

S,ecial Concerns Office

There is hereby created a %pecial Concerns -ice under the -ice o the %ecretary" to be

headed by a 6irector and assisted by an ssistant 6irector" #hich shall be responsible or

handling priority areasndustry 6evelop!ent uthority /4>60" in accordance #ith %ection (; /e0 hereo"

except those line unctions and po#ers #hich are transerred to the regional ield oice.

The Forest anage!ent Bureau" to be headed by a 6irector and assisted by an ssistant6irector shall advise the %ecretary on !atters pertaining to orest develop!ent and

conservation" and shall have the ollo#ing unctions" but not li!ited toD

a. 'eco!!end policies and


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Section 1/

Lands anagement !ureau

There is hereby created the ands anage!ent Bureau #hich shall absorb unctions and

po#ers o the Bureau o ands except those line unctions and po#ers #hich are

transerred to the regional ield oice. The ands anage!ent Bureau to be headed by a6irector and assisted by an ssistant 6irector shall advise the %ecretary on !atters

pertaining to rational land classiication !anage!ent and disposition and shall have the

ollo#ing unctions" but not li!ited toD

a. 'eco!!end policies and progra!s or the eicient and eective ad!inistration"

surveys" !anage!ent and disposition o alienable and disposable lands o the public

do!ain and other lands outside the responsibilities o other govern!ent agencies such asreclai!ed areas and other areas not needed or or are not being utili=ed or the purposes

or #hich they have been established

b. dvise the 'egional -ices on the eicient and eective i!ple!entation o policies"progra!s and pro+ects or !ore eective public lands !anage!ent

c. ssist in the !onitoring and evaluation o land surveys" !anage!ent and disposition

o lands to ensure eiciency and eectiveness thereo

d. >ssue standards" guidelines" regulations and orders to enorce policies or the

!axi!i=ation o land use and develop!ent

e. 6evelop operating standards and procedure to entrance the BureauUs ob+ectives andunctions

. ssist the %ecretary as Executive -icer charged #ith carrying out the provisions o

the Public and ct C.. 1;1" as a!endedO" #ho shall have direct executive control othe survey" classiication" lease" sale" or any other or!s o concessions or disposition and

!anage!ent o the lands o the public do!ain and

g. Peror! other unctions as !ay be assigned by the %ecretary andndustry 6evelop!ent Board

/?>6B0" all o #hich are hereby !erged in accordance #ith %ection (; hereo" except

those line unctions and po#ers #hich are transerred to the regional ield oice. Theines and ?eo$%ciences Bureau" to be headed by a 6irector and assisted by an ssistant

6irector" shall advise the %ecretary on !atters pertaining to geology and !ineral

resources exploration" develop!ent and conservation and shall have the ollo#ing

unctions" but not li!ited toD


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a. 'eco!!end policies" regulations and progra!s pertaining to !ineral resources

develop!ent and geology

b. 'eco!!end policies" regulations and oversee the develop!ent and exploitation o

!ineral resources o the sea #ithin the countryUs +urisdiction such as silica sand" gold

placer" !agnetite and chro!ite sand" etc.

c. dvise the %ecretary on the granting o !ining rights and contracts over areas

containing !etallic and non$!etallic resources

d. dvise the 'egional -ices on the eective i!ple!entation o !ineral develop!ent

and conservation progra!s as #ell as geological surveys

e. ssist in the !onitoring and evaluation o the BureauUs progra!s and pro+ects to

ensure eiciency and eectiveness thereo

. 6evelop and pro!ulgate standards and operating procedures on !ineral resourcesdevelop!ent and geology

g. %upervise and control the develop!ent and pac5aging o nationally applicable

technologies in geological survey" !ineral resource assess!ent" !ining and !etallurgy

the provision o geological" !etallurgical" che!ical and roc5 !echanics laboratoryservices the conduct o !arine geological and geophysical survey and natural

exploration drilling progra!s and

h. Peror! other unctions as !ay be assigned by the %ecretary and


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c. For!ulate environ!ental 2uality standards such as the 2uality standards or #ater" air"

land" noise" and radiations

d. 'eco!!end rules and regulations or environ!ental i!pact assess!ents and provide

technical assistance or their i!ple!entation and !onitoring

e. For!ulate rules and regulations or the proper disposition o solid #astes" toxic" and

ha=ardous substances

. dvise the %ecretary on the legal aspects o environ!ental !anage!ent and pollution

control and assist in the conduct o public hearings in pollution cases

g. Provide secretariat assistance to the Pollution d+udication Board" created under

%ection 19 hereo

h. Coordinate the inter$agency co!!ittees that !ay be created or the preparation o the%tate o the Philippine Environ!ent 'eport and the @ational Conservation %trategy

i. Provide assistance to the 'egional -ices in the or!ulation and disse!ination o

inor!ation on environ!ental and pollution !atters to the general public

+. ssist the %ecretary and the 'egional -icers by providing technical assistance in the

i!ple!entation o environ!ental and pollution la#s and

5. Provide scientiic assistance to the 'egional -ices in the conduct o environ!entalresearch progra!s.

Section 1&

cosystems "esearch and +evelo,ment !ureau

The Forest 'esearch >nstitute and the @ational angrove Co!!ittee are herebyabolished and integrated into the Ecosyste!s 'esearch and 6evelop!ent Bureau in

accordance #ith %ection (;/e0 hereo. The Ecosyste!s 'esearch and 6evelop!ent

Bureau shall be headed by a 6irector and assisted by an ssistant 6irector. The Bureau

shall have the ollo#ing unctionsD

a. For!ulate and reco!!end an integrated research progra! relating to Philippine

ecosyste!s and natural resources such as !inerals" lands" orests" as holistic andinterdisciplinary ields o in2uiry

b. ssist the %ecretary in deter!ining a syste! o priorities or the allocation oresources to various technological research progra!s o the depart!ent

c. Provide technical assistance in the i!ple!entation and !onitoring o the

aore!entioned research progra!s


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d. ?enerate technologies and provide scientiic assistance in the research and

develop!ent o technologies relevant to the sustainable uses o Philippine ecosyste!sand natural resources and

e. ssist the %ecretary in the evaluation o the eectiveness o the i!ple!entation o theintegrated research progra!.

The Ecosyste!s 'esearch and 6evelop!ent Bureau shall directly !anage and ad!inisterthe F-'> 'esearch -ices" laboratories" and orest experi!ent stations located at AP os

Banos" and such other ield laboratories as the %ecretary !ay assign to its direct

supervision. The Bureau shall coordinate all technological researches underta5en by the

ield oices" assess and translate all reco!!endable indings and disse!inate suchindings or all possible users and clientele.

Section 1%

#rotected Areas and Fildlife !ureau

There is hereby created a Protected reas and 4ildlie Bureau #hich shall absorb the6ivision o Par5s and 4ildlie and the arine Par5s Progra! o the Bureau o Forest

6evelop!ent" as #ell asD Calauit ?a!e Preserve and 4ildlie %anctuary" Presidential

Co!!ittee on the Conservation o Ta!ara#" @inoy 2uino Par5s and 4ildlie Center/or!erly Par5s and 4ildlie @ature Center0" shares in Gabuhayan Progra! and gro

Forestry %tate Pro+ects o the GGG Processing uthority" all national par5s" #ildlie

sanctuaries and ga!e preserves previously !anaged and ad!inistered by the inistry o

&u!an %ettle!ents including @ational Par5s 'eservation situated in the provinces oBulacan" 'i=al" aguna and Que=on" or!erly declared as Bagong ipunan %ites o said

inistry" agat Forest 'eservation and r. rayat @ational Par5" or!erly #ith the

inistry o Touris!" in accordance #ith %ection (;/c0 hereo. The Protected reas and4ildlie Bureau shall be headed by a 6irector and assisted by an ssistant 6irector. The

Bureau shall have the ollo#ing unctionsD

a. For!ulate and reco!!end policies" guidelines" rules and regulations or the

establish!ent and !anage!ent o an >ntegrated Protected reas %yste!s such as national

par5s" #ildlie sanctuaries and reuge" !arine par5s" and biospheric reserves

b. For!ulate an up$to$date listing o endangered Philippine lora and auna and

reco!!end a progra! o conservation and propagation o the sa!e

c. For!ulate and reco!!end policies" guidelines" rules and regulations or the

preservation o biological diversity" genetic resources" the endangered Philippine lora

and auna

d. ssist the %ecretary in the !onitoring and assess!ent o the !anage!ent o the

>ntegrated Protected reas %yste! and provide technical assistance to the regional oices

in the i!ple!entation o progra!s or these areas


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e. Peror! other unctions as !ay be assigned by the %ecretary andnstitute are hereby integrated into the 6epart!ent$#ide 'egional Environ!ent and

@atural 'esources -ice o the 6epart!ent" in accordance #ith %ection (;/e0 hereo. 'egional -ice shall be headed by a 'egional Executive 6irector /#ith the ran5 o

'egional 6irector0 and shall be assisted by ive /)0 'egional Technical 6irectors /#ith

the ran5 o ssistant 'egional 6irector0 each or Forestry" ands anage!ent" inesand ?eo$%ciences" Environ!ental anage!ent" and Ecosyste!s 'esearch. The 'egional

Executive 6irectors and 'egional Technical 6irectors shall be Career Executive %ervice

-icers.

Section 21

7unctions of nvironment and (atural "esources "egional Office

Environ!ent and @atural 'esources 'egional -ices shall be located in the identiied

regional capitals and shall have the ollo#ing unctions" but not li!ited

toDchanroblesvirtualla#librarya. >!ple!ent la#s" policies" plans" progra!s" pro+ects" rules and regulations o the

6epart!ent to pro!ote the sustainability and productivity o natural resources" social

e2uity in natural resource utili=ation and environ!ental protection


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b. Provide eicient and eective delivery o services to the people

c. Coordinate #ith regional oices o other depart!ents" oices" agencies in the regionand local govern!ent units in the enorce!ent o natural resource conservation la#s and

regulations" and in the or!ulation0 #hich shall integrate the unctions and po#ers o the @atural 'esources

anage!ent Center /@'C0" @ational Cartography uthority /@C0" the Bureau o

Coast and ?eodetic %urvey /BC?%0" and the and Classiication Tea!s based at the thenBureau o Forest 6evelop!ent" in accordance #ith %ection (;/e0 hereo" #hich shall

provide the 6epart!ent and the govern!ent #ith !ap$!a5ing services. The uthority

shall act as the central !apping agency #hich #ill serve the needs o the line services o

the 6epart!ent and other govern!ent oices #ith regard to inor!ation and researches"


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and shall expand its capability in the production and !aintenance o !aps" charts and

si!ilar photogra!!etry and cartography !aterials.

The uthority shall be responsible or conducting research on re!ote sensing

technologies such as satellite i!agery analysis" airborne !ulti$spectral scanning syste!s"

and side$loo5ing airborne radar provide re!ote sensing services and vital data on theenviron!ent" #ater resources" agriculture and other inor!ation needed by other

govern!ent agencies and the private sector integrate all techni2ues o producing !aps

ro! the ground surveys to various co!binations o re!ote sensing techni2ues in a cost$eective and acceptable !anner and the integration o geographic and related

inor!ation to acilitate access to and analysis o data and its transor!ation into useul

inor!ation or resource policy or!ulation" planning and !anage!ent. >t shall be the

central depository and distribution acility or natural resources data in the or! o !aps"statistics" text" charts" etc. store on paper" il! or co!puter co!patible !edia and shall

operate inor!ation services and net#or5s to acilitate transer" sharing" access and

disse!ination o natural resource inor!ation in all regions and provinces o the country

establish!ent o a nation#ide geodetic net#or5 o control points that serves as aco!!on reerence syste! or all surveys in the country" and conduct hydrographic and

coastal surveys to produce the hydrographic and nautical charts vital to sea and #atertravel as #ell as the exploitation o our !arine resources or!ulate and i!ple!ent

nation#ide develop!ent progra! on aerial photography" cartography and re!ote sensing

!apping activities establish and i!ple!ent technical standards and 2uality speciicationon !ap production and its reproduction and provide photogra!!etry" cartographic and

re!ote sensing !apping services in order to accelerate the develop!ent o a

co!prehensive data ban5 and inor!ation syste!s on base !aps and charts.

The @'> shall be provided #ith policy directions by a ive /)0 !e!ber Board o

?overnors consisting o 5ey oicers #ith no less than the ran5 o undersecretaries as

ollo#sDchanroblesvirtualla#library

6epart!ent o Environ!ent

and @atural 'esources $ Chair!an

6epart!ent o griculture

and Food $ e!ber

6epart!ent o Public 4or5s

and &igh#ays $ e!ber

6epart!ent o @ational 6eense$ e!ber

6epart!ent o Transportationand Co!!unications $ e!ber


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The operations and !anage!ent o @'> shall be vested in an d!inistrator #ho

shall be assisted by three /0 6eputy d!inistrators. The d!inistrator shall sit in the

Board as its %ecretary.

'. (atural "esources +evelo,ment Cor,oration

The existing @atural 'esources 6evelop!ent Corporation /@'6C0" shall be reorgani=ed

under the direct supervision o the %ecretary. >t shall be responsible pri!arily or

pro!oting natural resource develo

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