The Science of Climate Change

The most general definition of climate change is a change in the statistical properties of the climate system
when considered over long periods of time, regardless of cause. Accordingly, fluctuations over periods shorter
than a few decades, such as El Nio, do not represent climate change.

The term sometimes is used to refer specifically to climate change caused by human activity, as opposed to
changes in climate that may have resulted as part of Earth's natural processes. In this sense, especially in the
context of environmental policy, the term climate change has become synonymous with anthropogenic global
warming. Within scientific journals, global warming refers to surface temperature increases while climate
change includes global warming and everything else that increasing greenhouse gas levels will affect.

On the broadest scale, the rate at which energy is received from the sun and the rate at which it is lost to
space determine the equilibrium temperature and climate of Earth. This energy is distributed around the globe
by winds, ocean currents, and other mechanisms to affect the climates of different regions.

Factors that can shape climate are called climate forcings or "forcing mechanisms". These include processes
such as variations in solar radiation, variations in the Earth's orbit, mountain-building and continental drift and
changes in greenhouse gas concentrations. There are a variety of climate change feedbacks that can either
amplify or diminish the initial forcing. Some parts of the climate system, such as the oceans and ice caps,
respond slowly in reaction to climate forcings, while others respond more quickly.

Forcing mechanisms can be either "internal" or "external". Internal forcing mechanisms are natural processes
within the climate system itself (e.g., the thermohaline circulation). External forcing mechanisms can be either
natural (e.g., changes in solar output) or anthropogenic (e.g., increased emissions of greenhouse gases).

Whether the initial forcing mechanism is internal or external, the response of the climate system might be fast
(e.g., a sudden cooling due to airborne volcanic ash reflecting sunlight), slow (e.g. thermal expansion of
warming ocean water), or a combination (e.g., sudden loss of albedo in the arctic ocean as sea ice melts,
followed by more gradual thermal expansion of the water). Therefore, the climate system can respond abruptly,
but the full response to forcing mechanisms might not be fully developed for centuries or even longer.

RA 9003 - Ecological Solid Waste Management Act of 2000

I. Highlights of the Law
Department of Environment and Natural Resources, through the Environmental Management
Bureau (EMB) and the National Solid Waste Management Commission are the lead agencies
Establishes and implements a National Solid Waste Management Framework based on a
National Solid Waste Management Status Report
Creation of the National Solid Waste Management Commission, Provincial Solid Waste
Management Board in every province and City and Municipal Solid Waste Management Board
in every city and municipality. The law specifically mandates all, especially the local government
units, to adopt a systematic, comprehensive and ecological solid waste management program
Local Solid Waste Management Boards are required to prepare 10-year solid waste
management plans consistent with the national solid waste management framework
Phaseout and the eventual closure and conversion of open dumps and/or sanitary landfills
located within an aquifer, groundwater reservoir or watershed area to Controlled Dumpsites
 Mandatory Solid Waste Diversion wherein LGUs shall divert at least 25% of all solid waste from
waste disposal facilities through re-use, recycling, and composting activities and other resource
recovery activities upon effectivity of the Act with such goals to be increased every three (3)
years thereafter
Punishes violations of prohibited practices as defined under the law
Prohibition of non-environmentally acceptable products
Provides for citizen suits against individuals, the DENR or other implementing agencies and any
public officer violating the Act (Section 52).
Allows the court to dismiss cases and award attorney's fees and double damages against
persons who file actions against citizens who filed an action as provided in Sec. 52 of this Act,
or against any person, institution or government agency that implements this Act to harass, vex,
exert undue pressure or stifle such legal recourses of the person complaining.
II. Important Terms
Controlled dump shall refer to a disposal site at which solid waste is deposited in accordance
with the minimum prescribed standards of site operation;
Environmentally acceptable shall refer to the quality of being re-usable, biodegradable or
compostable, recyclable and not toxic or hazardous to the environment;
Sanitary landfill shall refer to a waste disposal site designed, constructed, operated and
maintained in a manner that exerts engineering control over significant potential environmental
impacts arising from the development and operation of the facility;
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;

III. ROLE OF LGUs

Primarily responsible for the implementation and enforcement of the provisions of this Act within
their respective jurisdictions
Municipal/City Barangay
Collection of nonrecyclable materials and Segregation and collection of solid waste
special wastes specifically for biodegradable, compostable
and reusable wastes

IV. Components of the Local Government Solid Waste Management Plan

IMPORTANT CONTENTS
1. City or Estimated population and projected population for a 10-year period
Municipal Estimated solid waste generation and projection by source
Profile
2. Waste Identification of the constituent materials which comprise the solid waste
characterization generated within the jurisdiction of the LGU
The constituent materials shall be identified by volume, percentage in weight
or its volumetric equivalent, material type, and source of generation
3. Collection and definition and specification of the methods and systems for the transfer of
Transfer solid waste from specific collection points to solid waste management
facilities
4. Processing define the methods and the facilities required to process the solid waste
5. Source strategies in reducing the volume of solid waste generated at source;
reduction measures for implementing such strategies and the resources necessary to
carry out such activities;
other appropriate waste reduction technologies that may also be considered,
provided that such technologies conform with the standards set pursuant to
this Act;
the types of wastes to be reduced pursuant to Sec. 15 of this Act;
 the methods that the LGU will use to determine the categories of solid
wastes to be diverted from disposal at a disposal facility through re-use,
recycling and composting; and
new facilities and of expansion of existing facilities which will be needed to
implement re-use, recycling and composting.
6. Recycling The types of materials to be recycled under the programs;
The methods for determining the categories of solid wastes to be diverted
from disposal at a disposal facility through recycling; and
New facilities and expansion of existing facilities needed to implement the
recycling component.
7. Composting The types of materials which will be composted under the programs;
The methods for determining the categories of solid wastes to be diverted
from disposal at a disposal facility through composting; and
New facilities, and expansion of existing facilities needed to implement the
composting component.
8. Solid waste projection of the amount of disposal capacity needed to accommodate the
facility capacity solid waste generated, reduced by the following:
and final o Implementation of source reduction, recycling, and composting
disposal programs
o Any permitted disposal facility which will be available during the 10-
year planning period; and
o All disposal capacity which has been secured through an agreement
with another LGU, or through an agreement with a solid waste
enterprise.
9. Education and public information
10. Special waste
11. Resource requirement and funding
12. Privatization of solid waste management projects
13. Incentive programs

V. Prohibited Practices
RA 8749 - CLEAN AIR ACT of 1999
I. HIGHLIGHTS
Provides for 8 basic rights relating to clean air
Creation of the Air Quality Monitoring and Information Network which prepares the annual
National Air Quality Status Report which used as the basis of the Integrated Air Quality
Improvement Framework
Implementation of the Air Quality Control Action Plan
Established the Emission Charge System which impose on and collect regular emission fees
from industrial dischargers, motor vehicle dischargers
Imposed emission limits on:
Stationary sources of air pollution depending on trade, industry, process and fuel-burning
equipment or industrial plant emitting air pollutants
Motor Vehicles
Prohibited Incineration of municipal, biomedical and hazardous waste
II. Important Terms
"Air pollutant" means any matter found in the atmosphere other than oxygen, nitrogen, water
vapor, carbon dioxide, and the inert gases in their natural or normal concentrations, that is
detrimental to health or the environment
"Ambient air quality" means the general amount of pollution present in a broad area; and refers
to the atmospheres average purity as distinguished from discharge measurements taken at the
source of pollution
Octane Rating or the Anti-Knock Index(AKI)" means the rating of the anti-knock characteristics
of a grade or type of automotive gasoline
Octane requirement, with respect to automotive gasoline for use in a motor vehicle or a class
thereof shall refer to the minimum octane rating of such automotive gasoline which such
manufacturer recommends for the efficient operation of such motor vehicle, or a substantial
portion of such class, without knocking;
Ozone Depleting Substances (ODS)" means those substances that significantly deplete or
otherwise modify the ozone layer in a manner that is likely to result in adverse effects of human
health and the environment
"Persistent Organic Pollutants (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
degradation, which shall include but not be limited to dioxin, furan, Polychlorinated Biphenyls
(PCBs), organochlorine pesticides, such as aldrin, dieldrin, DDT, hexachlorobenzene, lindane,
toxaphere and chlordane;
III. Rights
1. The right to breathe clean air;
2. The right to utilize and enjoy all natural resources according to the principles of sustainable
development;
3. The right to participate in the formulation, planning, implementation and monitoring of environmental
policies and programs and in the decision-making process;
4. The right to participate in the decision-making process concerning development policies, plans and
programs projects or activities that may have adverse impact on the environment and public health;
5. The right to be informed of the nature and extent of the potential hazard of any activity, undertaking
or project and to be served timely notice of any significant rise in the level of pollution and the
accidental or deliberate release into the atmosphere of harmful or hazardous substances;
6. The right of access to public records which a citizen may need to exercise his or her rights
effectively under this Act;
7. The right to bring action in court or quasi-judicial bodies to enjoin all activities in violation of
environmental laws and regulations, to compel the rehabilitation and cleanup of affected area, and
to seek the imposition of penal sanctions against violators of environmental laws; and
 8. 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.
IV. Highlights of the Air Quality Control Action Plan
1. Imposed emission limitations
2. Designation of airsheds on the basis of, but not limited to, areas with similar climate,
meteorology and topology which affect the interchange and diffusion of pollutants in the
atmosphere, or areas which share common interest or face similar development programs,
prospects or problems.
V. Management of Non-Attainment Areas
Nonattainment areas are those areas where specific pollutants have already exceeded
ambient standards
VI. Punished Acts
Violation of Standards for Stationary Sources fine of not more than One hundred thousand pesos
(P100,000.00) for every day of violation against the
owner or operator of a stationary source until such time
that the standards have been complied with.
Violation of Standards for Motor Vehicles 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 Registration (MVR) and a fine of not less than
Four Thousand Pesos (P4,000.00) and not more than
Six thousand pesos (P6,000.00).

AND

Seminar on pollution control management conducted

by the DOTC
Violation of the provisions of Sec. 21 paragraph fine of not less than Thirty Thousand Pesos
(d) with regard to national inspection and (P30,000.00) or cancellation of license of both the
maintenance program, including technicians and technician and the center, or both
facility compliance
Fines and Penalties for Violations of Other a fine of not less than Ten thousand pesos (P10,000)
Provisions in the Act but not more than One Hundred thousand Pesos
(P100,000) or six (6) months to six (6) years
imprisonment or both
Gross Violations: imprisonment of not less than six (6) years but not
a) (3) or more specific offenses within a period more than ten (10) years at the discretion of the court
of one (1) year;
b) (3) or more specific offenses with three (3)
consecutive years;
c) blatant disregard of the orders of the PAB,
d) irreparable or grave damage to the
environment as a consequence of any
violation of the provisions of this Act.

Chapter 2 - Air Quality Management System

The Department shall prepare an annual National Air Quality Status Report which shall be used as the basis
in formulating the Integrated Air Quality Improvement Framework, as provided for in Sec. 7
 The Integrated Air Quality Improvement Framework shall be adopted as the official blueprint with which all
government agencies must comply with to attain and maintain ambient air quality standards.
Air Quality Control Action Plan.- Within six (6) months after the formulation of the framework, the Department
shall, with public participation, formulate and implement an air quality control action plan consistent with Sec.
7 of this Act. The action plan shall:
a) Include enforceable emission limitations and other control measures, means or techniques, as
well as schedules and time tables for compliance, as may be necessary or appropriate to meet
the applicable requirements of this Act;
b) Provide for the establishment and operation of appropriate devices, methods, systems and
procedures necessary to monitor, compile and analyze data on ambient air quality;
c) Include a program to provide for the following: (1) enforcement of the measures described in
subparagraph [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 deterioration of air quality or to protect visibility;
e) Include control strategies and control measures to be undertaken within a specified time period,
including cost effective use of economic incentives, management strategies, collection action
and environmental education and information;
f) Designate airsheds; and
g) All other measures necessary for the effective control and abatement of air pollution.
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 face similar development programs,
prospects or problems. Emissions trading may be allowed among pollution sources within an airshed.
SEC. 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 program that will prohibit new sources of exceeded air pollutant without a
corresponding reduction in existing resources.
SEC. 12. Ambient Air Quality Guideline Values and Standards.- 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 general
welfare. The basis in setting up the ambient air quality guideline values and standards shall reflect, among
others, the latest scientific knowledge including information on:
a) Variable, including atmospheric conditions, which of themselves or in combination with other
factor may alter the effects on public health or welfare of such air pollutant;
b) The other types of air pollutants which may interact with such pollutant to produce an adverse
effect on public health or welfare; and
c) The kind and extent of all identifiable effects on public health or welfare 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 World Health Organization (WHO)
standards, but shall not be limited to nor be less stringent than such standards.
SEC. 13. Emission Charge System. The Department, in case of industrial dischargers, and the Department
of Transportation and Communication (DOTC), in case of motor vehicle dischargers impose on and collect
regular emission fees from said dischargers as part of the emission permitting system or vehicle registration
renewal system, as the case may be. The system shall encourage the industries and motor vehicles to
abate, 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
facilities with mechanisms that reduce pollution shall be entitled to tax incentives such as but not limited total
credits and/or accelerated depreciation deductions.

Article Two - Air Pollution Clearances and Permits for Stationary Sources
SEC. 16. Permits.- Consistent with the provisions of this Act, the Department shall have the authority to issue
permits as it may determine necessary for the prevention and abatement of air pollution.
Said permits shall cover emission limitations for the regulated air pollutants to help attain and maintain the ambient
air quality standards. These permits shall serve as management tools for the LGUs in the development of their
action plan.

SEC. 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 programmatic compliance program pursuant to the implementing rules and regulations
of Presidential Decree No. 1586.

Article Three - Pollution from Stationary Sources

SEC. 19. Pollution From Stationary Sources - emission standards for stationary sources of air pollution as
determined by the Department shall be the limit on the acceptable level of pollutants emitted from a stationary
source for the protection of the publics health and welfare.

SEC. 20. Ban on Incineration.- Incineration, hereby defined as the burning of municipal, biomedical and hazardous
waste, which process emits poisonous and toxic fumes is hereby prohibited; Provided, however, That the prohibition
shall not apply to traditional small-scale method of community/neighborhood sanitation "siga", traditional,
agricultural, cultural, health, and food preparation and crematoria; Provided, further, That existing incinerators
dealing with a biomedical wastes shall be out within three (3) years after the effectivity of this Act; Provided, finally,
that in the interim, such units shall be limited to the burning of pathological and infectious wastes, and subject to
close monitoring by the Department. 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

SEC. 21. Pollution from Motor Vehicles.- a) The DOTC shall implement the emission standards for motor vehicles
set pursuant to and as provided in this Act. It shall consider the maximum limits for all major pollutants to ensure
substantial improvement in air quality for the health, safety and welfare of the general public.
For light duty vehicles for compression-ignition engines only
light commercial vehicles for compression-ignition engines only
For heavy duty vehicles - Fuel evaporative emission for spark-ignition engines shall not exceed 2.0 grams
hydrocarbons per test. Likewise, it shall not allow any emission of gases from crankcase ventilation system into the
atmosphere.

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.

SEC. 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.

SEC. 23. Second-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

SEC. 24. Pollution from smoking.- Smoking inside a public building or an enclosed public place including public
vehicles and other means of transport or in any enclosed area outside of ones private residence, private place of
work or any duly designated smoking area is hereby prohibited under this Act. This provision shall be implemented
by the LGUs.

SEC. 25. Pollution from other mobile sources.- The Department, in coordination with appropriate agencies, shall
formulate and establish the necessary standards for all mobile sources other than those referred to in Sec. 21 of this
Act. The imposition of the appropriate fines and penalties from these sources for any violation of emission standards
shall be under the jurisdiction of the DOTC.

Chapter 3 - Fuels, Additives, Substances and Pollutants

Article One - Fuels, Additives and Substances

SEC. 26. Fuels and Additives.- Pursuant to the Air Quality Framework to be established under Section 7 of this Act,
there shall be 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 allowable 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 likewise limit the content or begin that phase-out of additives in all types of fuels and
fuel-related products as it may deem necessary.

Consistent with the provisions of the preceding paragraphs under this section, it is declared that:

a) not no person shall manufacture, import, sell, supply, offer for sale, dispense, transport or introduce into
commerce unleaded premium gasoline fuel which has an anti-knock index (AKI) of not less that 87.5 and Reid vapor
pressure of not more than 9 psi. 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) no person shall manufacture, import, sell, supply, offer for sale, dispense, transport or introduce into commerce
automotive diesel fuel which contains a concentration 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) no Person shall manufacture, import, sell, supply, offer for sale, dispense, transport or introduce into commerce
industrial diesel fuel which contains a concentration 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 characterized above shall be commercially available. Likewise, the same shall be the reference fuels for
emission and testing procedures to be established 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
approved and certified by the Department.

SEC. 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 manufacturer, processor or trader 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.

SEC. 28. Misfueling.- In order to prevent the disabling of any emission control device by lead contamination, no
person shall introduce or cause or allow the introduction of leaded gasoline into any motor vehicle equipped with a
gasoline tank filler inlet and labeled "unleaded gasoline only". This prohibition shall also apply to any person who
knows or should know that such vehicle is designed solely for the use of unleaded gasoline.

SEC. 29. Prohibition on Manufacture, Import and Sale of leaded Gasoline and of Engines and/or Components
Requiring Leaded Gasoline.- Effective not later than eighteen (18) months after the enactment of this Act, no person
shall manufacture, import, sell, offer for sale, introduce into commerce, convey or otherwise dispose of, in any
manner, leaded gasoline and engines and components requiring the use of leaded gasoline.
For existing vehicles, the DTI shall formulate standards and procedures that will allow non-conforming engines to
comply with the use of unleaded fuel within five(5) years after the effectivity of this Act.

Article Two - Other Pollutants

SEC. 30. Ozone-Depleting Substances.- Consistent with the terms and conditions of the Montreal Protocol on
Substances that Deplete the Ozone Layer and other international agreements and protocols to which the Philippines
is a signatory, the Department shall phase out ozone-depleting substances.

SEC. 31. Greenhouse Gases.- The Philippine Atmospheric, Geophysical and Astronomical Service Administration
(PAGASA) shall regularly monitor meteorological factors affecting environmental conditions including ozone
depletion and greenhouse gases and coordinate with the Department in order to effectively guide air pollution
monitoring and standard-setting activities. The Department, together with concerned agencies and local government
units, shall prepare and fully implement a national plan consistent with the United Nations Framework Convention
on Climate Change and other international agreements, conventions and protocols on the reduction of greenhouse
gas emissions in the country.

SEC. 32. Persistent Organic Pollutants.- The Department shall, within a period of two (2) years after the enactment
of this Act, establish 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 programs on the reduction and elimination
of POPs such as dioxins and furans. Such programs shall be formulated within a year after the establishment of the
inventory list.

SEC. 33. Radioactive Emissions.- All projects which will involve the use of atomic and/or nuclear energy, and will
entail release and emission of radioactive substances into the environment, incident to the establishment or
possession of nuclear energy facilities and radioactive materials, handling, transport, production, storage, and use
of radioactive materials, shall be regulated in the interest of public health and welfare by the Philippine Nuclear
Research Institute (PNRI), in coordination with Department and other appropriate government agencies.

Chapter 5 - Actions
SEC. 40. Administrative Action.- Without prejudice to the right of any affected person to file an administrative action,
the Department shall, on its own instance or upon verified complaint by any person, institute administrative
proceedings against any person who violates:

(a) Standards or limitation provided under this Act; or

(b) Any order, rule or regulation issued by the Department with respect to such standard or limitation.

SEC. 41. Citizen Suits.- For purposes of enforcing the provisions of this Act or its implementing rules and
regulations, any citizen may file an appropriate civil, criminal or administrative action in the proper courts against:

(a) Any person who violates or fails to comply with the provisions of this Act or its implementing rules and
regulations; or

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

(c) Any public officer who willfully or grossly neglects the performance of an act specifically enjoined as a duty by
this Act or its implementing rules and regulations; or abuses his authority in the performance of his duty; or, in any
manner, improperly performs his duties under this Act or its implementing rules and regulations: Provided, however,
That no suit can be filed until thirty-day (30) notice has been taken thereon.

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

Within thirty (30) days, the court shall make a determination if the compliant herein is malicious and/or baseless and
shall accordingly dismiss the action and award attorneys fees and damages.
SEC. 42. Independence of Action.- The filing of an administrative suit against such person/entity does not preclude
the right of any other person to file any criminal or civil action. Such civil action shall proceed independently.

SEC. 43. Suits and Strategic Legal Actions Against Public Participation and the Enforcement of This Act.- Where a
suit is brought against a person who filed an action as provided in Sec. 41 of this Act, or against any person,
institution or government agency that implements this Act, it shall be the duty of the investigating prosecutor or the
court, as the case may be, to immediately make a determination not exceeding thirty (30) days whether said legal
action has been filed to harass, vex, exert undue pressure or stifle such legal recourses of the person complaining
of or enforcing the provisions of this Act. Upon determination thereof, evidence warranting the same, the court shall
dismiss the case and award attorneys fees and double damages.

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

SEC. 44. Lien Upon Personal and Immovable Properties of Violators.- Fines and penalties imposed pursuant to this
Act shall be liens upon personal or immovable properties of the violator. Such lien shall, in case of insolvency of the
respondent violator, enjoy preference to laborers wages under Articles 2241 and 2242 of Republic Act No. 386,
otherwise known as the New Civil Code of the Philippines.

RA 8550 THE PHILIPPINE FISHERIES CODE OF 1998

I. Highlights
Exclusive use and exploitation of the fishery and aquatic resources in Philippine waters by
Filipinos
Established catch-ceiling limitations and closed seasons
Imposed limitations on use of municipal waters
Empowerment of fisherfolks through:
o Establishment of fisherfolk settlement areas
o Preferential rights to the use of municipal waters
Regulation of commercial fishing, Importation and Exportation of Fishery Products
Provides incentives to to Fish Farther into the Exclusive Economic Zone and beyond
Reversion of All Abandoned, Undeveloped or Underutilized Fishponds to their original mangrove
state
II. Punished Acts
Unauthorized Fishing or Engaging in Any commercial fishing boat captain or the three (3) highest
Other Unauthorized Fisheries Activities officers of the boat who commit any of the above prohibited
commercial fishing vessel to fish in acts upon conviction shall be punished by a fine equivalent to
bays and in such other fishery the value of catch or (P10,000.00) whichever is higher, and
management areas which may imprisonment of six (6) months, confiscation of catch and
hereinafter be declared as over- fishing gears, and automatic revocation of license.
exploited.
Commercial fishing activity in municipal confiscation of catch and a fine of (500.00).
waters by an unregistered fisherfolk
Poaching in Philippine Waters fine of (US$100,000.00), in addition to the confiscation of its
catch, fishing equipment and fishing vessel. Provided, That the
Department is empowered to impose an administrative fine of
not less than Fifty thousand U.S. Dollars (US$50,000.00) but
not more than (US$200,000.00) or its equivalent in the
Philippine Currency.
Mere possession of explosive, noxious or imprisonment ranging from six (6) months to two (2) years.
poisonous substances or electrofishing
devices for illegal fishing
Actual use of explosives, noxious or imprisonment ranging from five (5) years to ten (10) years
poisonous substances or electrofishing without prejudice to the filing of separate criminal cases when
devices for illegal fishing the use of the same result to physical injury or loss of human
life.
Dealing in, selling, or in any manner imprisonment ranging from six (6) months to two (2) years.
disposing of, for profit, illegally
caught/gathered fisheries species
Use of Fine Mesh Net fine from (P2,000.00) to (P20,000.00) or imprisonment from six
(6) months to two (2) years or both such fine and imprisonment
Use of Active Gear in the Municipal (1) The boat captain and master fisherman of the vessels who
Waters and Bays and Other Fishery participated in the violation shall suffer the penalty of
Management Areas. imprisonment from two (2) years to six (6) years;
(2) The owner/operator of the vessel shall be fined from
(P2,000.00) to (20,000.00) upon the discretion of the court.
(3) The catch shall be confiscated and forfeited.
Ban on Coral Exploitation and Exportation imprisonment from six (6) months to two (2) years and a fine
from (P2,000.00) to (20,000.00), or both such fine and
imprisonment and forfeiture of the subject corals, including the
vessel
Ban on Muro-Ami Other Methods and The operator, boat captain, master fisherman, and recruiter or
Gear Destructive to Coral Reefs and organizer of fishworkers who violate this provision shall suffer a
Other Marine Habitat penalty of two (2) years to ten (10) years imprisonment and a
fine of not less than (P100,000.00) to (P500,000.00) or both
such fine and imprisonment
To sell or export white sand, silica, two (2) years to ten (10) years imprisonment and a fine of not
pebbles and any other substances which less than (P100,000.00) to (P500,000.00) or both such fine and
make up any marine habitat. imprisonment
Illegal Use of Superlights six (6) months to two (2) years or a fine of (P5,000.00) per
superlight, or both such fine and imprisonment
Conversion of Mangroves. - It shall be imprisonment of six (6) years and one (1) day to twelve (12)
unlawful for any person to convert years and/or a fine of (P80,000.00): Provided, That if the area
mangroves into fishponds or for any other requires rehabilitation or restoration as determined by the
purposes court, the offender should also be required to restore or
compensate for the restoration of the damage.
Fishing in Overfished Area and During imprisonment of six (6) months and one (1) day to six (6) years
Closed Season and/or fine of (P6,000.00) and by forfeiture of the catch and
cancellation of fishing permit or license.
Fishing in Fishery Reserves, Refuge and imprisonment of two (2) years to six (6) years and/or fine of
Sanctuaries (P2,000.00) to (P20,000.00) and by forfeiture of the catch and
 the cancellation of fishing permit or license.
Fishing Or Taking of Rare, Threatened or imprisonment of twelve (12) years to twenty (20) years and/or a
Endangered Species fine of (P120,000.00) and forfeiture of the catch, and the
cancellation of fishing permit.
Capture of Sabalo and Other imprisonment of six (6) months and one (1) day to eight (8)
Breeders/Spawners. - It shall be unlawful years and/or a fine of (P80,000.00) and forfeiture of the catch,
for any person to catch, gather, capture or and fishing equipment used and revocation of license.
possess mature milkfish or "sabalo" and
such other breeders or spawners of other
fishery species as may be determined by
the Department UNLESS for science or
research purposes
Exportation of Breeders, Spawners, Eggs imprisonment of eight (8) years, confiscation of the same or a
or Fry fine equivalent to double the value of the same, and revocation
of the fishing and/or export license/permit.
Importation or Exportation of Fish or eight (8) years of imprisonment, a fine of (P80,000.00) and
Fishery Species destruction of live fishery species or forfeiture of non-live
fishery species in favor of the department for its proper
disposition
Violation of Catch Ceilings imprisonment of six (6) months and one (1) day to six (6) years
and/or a fine of (P50,000.00) and forfeiture of the catch, and
fishing equipment used and revocation of license.
Aquatic Pollution imprisonment of six (6) years and one (1) day to twelve (12)
years and/or a fine of (P80,000.00) plus an additional fine of
(P8,000.00) per day until such violation ceases and the fines
paid.
Other Violations: a fine ranging from (P2,000.00) to (P10,000.00) or
a. Failure to Comply with Minimum Safety imprisonment from one (1) month and one (1) day to six
Standards. (6) months, or both such fine and imprisonment
b. Failure to Conduct a Yearly Report on Additional penalties upon recommendation of the Department:
all Fishponds, Fish Pens and Fish Cages Administrative fine of not more than (P10,000.00), or to
c. Gathering and Marketing of Shell cancel his permit or license, or to impose such fine and to
Fishes cancel his permit or license
d. Obstruction to Navigation or Flow and Impounding
Ebb of Tide in any Stream, River, Lake or
Bay
e. Construction and Operation of Fish
Corrals/Traps, Fish Pens and Fish Cages.
any person who unlawfully obstructs or not more than (P10,000.00) or imprisonment of not more than
delays the inspection and/or movement of two (2) years, or both such fine and imprisonment
fish and fishery/aquatic products when
such inspection and/or movement is
authorized under this Code
Commercial Fishing Vessel Operators The owner/operator of a commercial fishing vessel employing
Employing Unlicensed Fisherfolk or unlicensed fisherfolk or fishworker shall be fined (P500.00)
Fishworker or Crew each for every month that the same has been employed and/or
(P1,000.00) for every month for each unlicensed crew member
who has been employed.

Obstruction of Defined Migration Paths - imprisonment of seven (7) years to twelve (12) years or a fine
Obstruction of any defined migration from (P50,000.00) to (P100,000.00)or both imprisonment and
paths of anadromous, catadromous and fine at the discretion of the court, and cancellation of
other migratory species, in areas permit/license, if any, and dismantling of obstruction shall be at
including, but not limited to river mouths his own expense and confiscation of same.
and estuaries within a distance
determined by the concerned FARMCs
Obstruction to Fishery Law Enforcement The boat owner, master or operator or any person acting on his
Officer behalf of any fishing vessel who evades, obstructs or hinders
any fishery law enforcement officer of the Department to
perform his duty, shall be fined (P10,000.00). In addition, the
registration, permit and/or license of the vessel including the
license of the master fisherman shall be canceled.

RA 9275 - Philippine Clean Water Act of 2004

I. Highlights
Coverage deals with water quality management in all water bodies and primarily applies to
abatement and control of pollution from land based sources
Provides for a Wastewater Charge System which charges fees for discharging wastewater into
the water bodies to induce polluters to modify their production or management processes or to
invest in pollution control technology in order to reduce the amount of water pollutants
generated
Requires owners or operators of facilities that discharge regulated effluents to secure a permit
to discharge. The discharge permit shall specify among others, the quantity and quality of
effluent that said facilities are allowed to discharge into a particular water body, compliance
schedule and monitoring requirement.
Provides for a liability mechanism wherein any person who causes pollution in or pollutes water
bodies in excess of the applicable and prevailing standards shall be responsible Clean-Up
Operations at his own expense to the extent that the same water bodies have been rendered
unfit for utilization and beneficial use
Provides non-fiscal and fiscal incentives to LGUs, water districts (WDs), enterprises, or private
entities, and individuals who develop or undertake an effective water quality management, or
actively participate in any program geared towards the promotion thereof as provided in this Act.
II. Important Terms
Groundwater vulnerability - means relative ease with which a contaminant located at or near the
land surface can migrate to the aquifer or deep well.

Non-point source - means any source of pollution not identifiable as point source to include, but
not be limited to, runoff from irrigation or rainwater, which picks up pollutants from farms and
urban areas.

Point source - means any identifiable source of pollution with specific point of discharge into a
particular water body.

Septage - means the sludge produced on individual onsite wastewater disposal systems,
principally septic tanks and cesspools.

Sewage - means water-borne human or animal wastes, excluding oil or oil wastes, removed
from residences, building, institutions, industrial and commercial establishments together with
 such groundwater, surface 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.

Sludge - means any solid, semi-solid or liquid waste or residue generated from a wastewater
treatment plant, water supply treatment plant, or water control pollution facility, or any other such
waste having similar characteristics and effects.

Wastewater - means waste in liquid state containing pollutants.

III. Punished Acts

a) Discharging, depositing or causing to be deposited material of any kind directly or indirectly into the water
bodies or along the margins of any surface water, where, the same shall be liable to be washed into such
surface water, either by tide action or by storm, floods or otherwise, which could cause water pollution or
impede natural flow in the water body;

b) Discharging, injecting or allowing to seep into the soil or sub-soil any substance in any form that would
pollute groundwater. In the case of geothermal projects, and subject to the approval of the Department,
regulated discharge for short- term activities (e.g. well testing, flushing, commissioning, venting) and deep re-
injection of geothermal liquids may be allowed: Provided, That safety measures are adopted to prevent the
contamination of the groundwater;

c) Operating facilities that discharge regulated water pollutants without the valid required \permits or after the
permit was revoked for any violation of any condition therein;

d) Disposal of potentially infectious medical waste into sea water by vessels unless the health or safety of
individuals on board the vessel is threatened by a great and imminent peril;

e) Unauthorized transport or dumping into sea waters of sewage sludge or solid waste as defined under
Republic Act No.9003;

f) Transport, dumping or discharge of prohibited chemicals, substances or pollutants listed under Republic Act
No.6969;

g) Operate facilities that discharge or allow to seep, willfully or through gross negligence, prohibited chemicals,
substances or pollutants listed under R. A. No. 6969 into water bodies or wherein the same shall be liable to be
washed into such surface, ground, coastal, and marine water;

h) Undertaking activities or development and expansion of projects, or operating wastewater/sewerage

facilities in violation of Presidential Decree. No.1586 and its implementing rules, and regulations;

i) Discharging regulated water pollutants without the valid required discharge permit pursuant to this Act or
after the permit was revoked for any violation of condition therein;

j) Non-compliance of the LGU with the Water Quality Framework and Management Area Action Plan. In such a
case, sanctions shall be imposed on the local government officials concerned;

k) Refusal to allow entry, inspection and monitoring by the Department in accordance with this Act;

l) Refusal to allow access by the Department to relevant reports and records in accordance with this Act;

m) Refusal or failure to submit reports whenever required by the Department in accordance with this Act;

n) Refusal or failure to designate pollution control officers whenever required by, the Department in accordance
with this Act; and
o) Directly using booster pumps in the distribution system or tampering with the water supply in such a way as
to alter or impair the water quality.
IV. Penalties
For violations of Section 28 provisions (a) to (o)
o a fine of not less than Ten thousand pesos (P10,000.00) nor more than Two hundred
thousand pesos (P200,000.00) for every day of violation which shall be increased by ten
percent (10%) every two (2) years
o Upon recommendation of the Secretary, closure, suspension of development or
construction, or cessation of operations or, where appropriate disconnection of water
supply, until compliance
Failure to undertake clean-up operations, willfully, or through gross negligence, shall be
punished by imprisonment of not less than two (2) years and not more than four (4) years and a
fine not less than Fifty thousand pesos (P50,000.00) and not more than One hundred thousand
pesos (P100,000.00) per day for each day of violation
failure or refusal which results in serious injury or loss of life and/or irreversible water
contamination of surface, ground, coastal and marine water shall be punished with
imprisonment of not less than six (6) years and one day and not more than twelve (12) years,
and a fine of Five Hundred Thousand Pesos (P500,000.00) per day for each day during which
the omission and/or contamination continues.

Gross violations like a) deliberate discharge of toxic pollutants identified pursuant to Republic
Act No.6969 in toxic amounts; b) five {5) or more violations within a period of two (2) years; or c)
blatant disregard of the orders of the PAB, such as the non-payment of fines, breaking of seals
or operating despite the existence of an order for closure, discontinuance or cessation of
operation - a fine of not less than Five hundred thousand pesos (P500,000.00) but not more
than Three million pesos (P3,000,000.00} per day for each day of violation or imprisonment of
not less than six {6) years but not more than ten {10) years, or both

For violations falling under Section 4 of Presidential Decree No.979 or any regulations
prescribed in pursuance thereof - fine of no1 less than Fifty thousand pesos {P50,000.00) nor
more than One million pesos (P1,000,000.00) or by imprisonment of not less than one {1) year
nor more than six (6) years or both, for each offense

PD 705 - Revised Forestry Code

I. Highlights
Creation of the Bureau of Forest Development, the lead agency for the implementation of the
Act
Reserves certain lands as forest reserves and therefore as inalienable namely:
i. Lands of the public domain eighteen per cent (18%) in slope or over
ii. any forest land fifty per cent (50%) in slope or over cannot be classified as grazing land.
iii. Areas less than 250 hectares which are far from, or are not contiguous with, any certified
alienable and disposable land;
iv. Isolated patches of forest of at least five (5) hectares with rocky terrain, or which protect
a spring for communal use;
v. Areas which have already been reforested;
vi. Areas within forest concessions which are timbered or have good residual stocking to
support an existing, or approved to be established, wood processing plant;
vii. Ridge tops and plateaus regardless of size found within, or surrounded wholly or partly
by, forest lands where headwaters emanate;
viii. Appropriately located road-rights-or-way;
 ix. Twenty-meter strips of land along the edge of the normal high waterline of rivers and
streams with channels of at least five (5) meters wide;
x. Strips of mangrove or swamplands at least twenty (20) meters wide, along shorelines
facing oceans, lakes, and other bodies of water, and strips of land at least twenty (20)
meters wide facing lakes;
xi. Areas needed for other purposes, such as national parks, national historical sites, game
refuges and wildlife sanctuaries, forest station sites, and others of public interest; and
xii. Areas previously proclaimed by the President as forest reserves, national parks, game
refuge, bird sanctuaries, national shrines, national historic sites:
Critical watersheds and national parks shall not be subject to logging operations, but all forest
reservations may be open to uses not inconsistent with the principal objectives of the
reservation.

II. Important Terms
Dipterocarp forest is a forest dominated by trees of the dipterocarp species, such as red lauan,
tengile, tiaong, white lauan, almon, bagtikan and mayapis of the Philippine mahogany group,
apitong and the yakals.
Annual allowable cut is the volume of materials, whether of wood or other forest products, that is
authorized to be cut regularly from the forest.
Cutting cycle is the number of years between major harvests in the same working unit and/or
region, within a rotation.
Silviculture is the establishment, development reproduction and care of forest trees.
Selective logging means 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 and water.

III. Punished Acts
Cutting, gathering and/or collecting timber or other products without license
Unlawful occupation or destruction of forest lands.
Illegal Pasturing of Livestock
Illegal occupation of national parks system and recreation areas and vandalism therein
Destruction of wildlife resources
Survey by unauthorized person
Misclassification and survey by government official or employee.
Issuance of tax declaration on real property without a certification from the Director of Forest
Development and the Director of Lands that the area declared for taxation is alienable and
disposable lands
Coercion and influence of public officers to misclassify lands and survey or to issue tax
declaration without certification
Unlawful possession of implements and devices used by forest officers.
Failure to make Payment, or collect or remit of forest charges collectible pursuant to the Act
Sale of wood products non-compliant with grading rules

CHAPTER I - ORGANIZATION AND JURISDICTION OF THE BUREAU OF FOREST DEVELOPMENT

1. jurisdiction and authority over all forest land, grazing lands, and all forest reservations including watershed
reservations.
2. protection, development, management, regeneration, and reforestation of forest lands; the protection,
development and preservation of national parks, marine parks, game refuges and wildlife
3. the regulation and supervision of the operation of licensees, lessees and permittees for the taking or
use of forest products therefrom or the occupancy or use thereof;
4. the implementation of multiple use and sustained yield management in forest lands;
 5. the implementation of measures and programs to prevent kaingin and managed occupancy of forest and
grazing lands;
6. the classification of lands of the public domain; and
7. the enforcement of forestry, reforestation, parks, game and wildlife laws, rules, and regulations.
8. regulate the establishment and operation of sawmills, veneer and plywood mills and other wood
processing plants
Sec. 7. Supervision and Control. - The Bureau shall be directly under the control and supervision of the
Secretary of the Department of Natural Resources, hereinafter referred to as the Department Head.

Sec. 8. Review. - All actions and decisions of the Director are subject to review, motu propio or upon appeal of any
person aggrieved thereby, by the Department Head whose decision shall be final and executory after the lapse of
thirty (30) days from receipt by the aggrieved party of said decision, unless appealed to the President in
accordance with the Executive Order No. 19, series of 1966. The Decision of the Department Head may not
be reviewed by the courts except through a special civil action for certiorari or prohibition.

CHAPTER II - CLASSIFICATION AND SURVEY

Sec. 15. Topography. - No land of the public domain eighteen per cent (18%) in slope or over shall be classified as
alienable and disposable, nor any forest land fifty per cent (50%) in slope or over, as grazing land.

Lands eighteen per cent (18%) in slope or over which have already been declared as alienable and disposable shall
be reverted to the classification of forest lands by the Department Head, to form part of the forest reserves, unless
they are already covered by existing titles or approved public land application, or actually occupied openly,
continuously, adversely and publicly for a period of not less than thirty (30) years as of the effectivity of this Code,
where the occupant is qualified for a free patent under the Public Land Act: Provided, That said lands, which are not
yet part of a well-established communities, shall be kept in a vegetative condition sufficient to prevent erosion and
adverse effects on the lowlands and streams: Provided, further, That when public interest so requires, steps shall be
taken to expropriate, cancel defective titles, reject public land application, or eject occupants thereof.

Sec. 16. Areas needed for forest purposes. - The following lands, even if they are below eighteen per cent (18%) in
slope, are needed for forest purposes, and may not, therefore, be classified as alienable and disposable land, to wit:

1) Areas less than 250 hectares which are far from, or are not contiguous with, any certified alienable and
disposable land;

2) Isolated patches of forest of at least five (5) hectares with rocky terrain, or which protect a spring for communal
use;

3) Areas which have already been reforested;

4) Areas within forest concessions which are timbered or have good residual stocking to support an existing, or
approved to be established, wood processing plant;

5) Ridge tops and plateaus regardless of size found within, or surrounded wholly or partly by, forest lands where
headwaters emanate;

6) Appropriately located road-rights-or-way;

7) Twenty-meter strips of land along the edge of the normal high waterline of rivers and streams with channels of at
least five (5) meters wide;

8) Strips of mangrove or swamplands at least twenty (20) meters wide, along shorelines facing oceans, lakes, and
other bodies of water, and strips of land at least twenty (20) meters wide facing lakes;

9) Areas needed for other purposes, such as national parks, national historical sites, game refuges and wildlife
sanctuaries, forest station sites, and others of public interest; and

10) Areas previously proclaimed by the President as forest reserves, national parks, game refuge, bird sanctuaries,
national shrines, national historic sites:
Provided, That in case an area falling under any of the foregoing categories shall have been titled in favor of any
person, steps shall be taken, if public interest so requires, to have said title cancelled or amended, or the titled area
expropriated.

CHAPTER III - UTILIZATION AND MANAGEMENT

Sec. 19. Multiple use. - The numerous beneficial uses of the timber, land, soil, water, wildlife, recreation value and
grass of forest lands shall be evaluated and weighted before allowing the utilization, exploitation, occupation or
possession thereof, or the conduct of any activity therein.

Only the utilization, exploitation, occupation or possession of any forest land, or any activity therein, involving one or
more or its resources, which will produce the optimum benefits to the development and progress of the country and
the public welfare, without impairment or with the least injury to its other resources, shall be allowed.

All forest reservations may be open to uses not inconsistent with the principal objectives of the reservation:
Provided, That critical watersheds and national parks shall not be subject to logging operations.

Sec. 20. License agreement, license, lease or permit. - No person may utilize, exploit, occupy, possess or conduct
any activity within any forest land, or establish and operate any wood-processing plant, unless he has been
authorized to do so under a license agreement, lease, license, or permit.

Sec. 21. Sustained yield. - All measures shall be taken to achieve an approximate balance between growth and
harvest or use of forest products in forest lands.

TIMBER Sec. 22. Silvicultural and harvesting systems. - In any logging operations in production forests
within forest lands, the proper silvicultural and harvesting systems that will promote optimum
sustained yield shall be practised.

a) For dipterocarp forest, selective logging shall be practised.

b) For pine forest, the seed tree system with planting when necessary shall be practised.

c) For other types of forest, the silvicultural and harvesting system that will be found suitable
by research shall be applied. Meanwhile, a system based on observation and practices abroad
may be adopted initially.

Any practised system are subject to modification or changes based on research findings.

Sec. 24. Required 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 a five per cent (5%)
timber inventory, or any statistically sound timber estimate, made not earlier than five (5) years
prior to the issuance of a license agreement or license allowing such utilization.

Sec. 25. Cutting cycle. - The Bureau shall apply scientific cutting cycle and rotation in all forest
lands, giving particular consideration to the age, volume and kind of healthy residual trees
which may be left undisturbed and undamaged for future harvest and forest cover
indipterocarp area, and seed trees and reproduction in pine area.

Sec. 26. Annual allowable cut. - The annual allowable cut of any particular forest land shall be
determined on the basis of the established rotation and cutting cycle thereof, and the volume
and kind of harvestable timber and healthy residuals, seed trees and reproduction found
therein.

Duration: The duration of the privilege to harvest timber in any particular forest land under a
license agreement or license shall be fixed and determined in accordance with the annual
 allowable cut therein, the established cutting cycle thereof, the yield capacity of
harvestable timber, and the capacity of healthy residuals for a second growth.
Maximum of twenty-five (25) years, renewable for a period, not exceeding twenty-five
(25) years,
The privilege shall automatically terminate, even before the expiration of the license
agreement of license, the moment the harvestable timber have been utilized
without leaving any logged-over area cpable of commercial utilization
SIZE: 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 applicant and his capacity 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.
WOOD- Sec. 30. Rationalization of the wood industry. - While establishment of wood-processing plants
PROCESSING shall be encouraged, their locations and operations shall be regulated in order to rationalize
the industry. No new processing plant shall be established unless adequate raw material is
available on a sustained-yield basis in the area where the raw materials will come from.

Sec. 31. Wood wastes, weed trees and residues. - Timber licensees shall be encouraged 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.

Sec. 32. Log production and processing. - Unless otherwise decreed by the President, upon
recommendation of the National Economic Development Authority, the entire production of
logs by all licensees shall, beginning January 1, 1976, be processed locally.

A licensee who has no processing plant may, subject to the approval of the Director, enter into
a contract with a wood processor for the processing of his logs. Wood processors shall accept
for processing only logs cut by, or purchased from, licensees of good standing at the time of
the cutting of logs.
REFORESTATION Sec. 33. Forest lands to be reforested. - The following shall be reforested and covered with
suitable and sufficient trees, to wit:

a) Bare or grass-covered tracts of forest lands with at least fifty per cent (50%) slope;
b) Bare or grass-covered tracts of forest lands with less than fifty per cent (50%) slope,
but with soil so highly erodible as to make grass cover inadequate for soil erosion
control;
c) Brushlands or tracts of forest lands generally covered with brush, which need to be
developed to increase their productivity;
d) Open tracts of forest lands with slopes or gradients generally exceeding fifty per cent
(50%), interspersed with patches of forest each of which is less than two hundred
fifty (250) hectares in area;
e) Denuded or inadequately-timbered areas proclaimed by the President as forest
reserves and reservations as critical watersheds, national parks, game refuge, bird
sanctuaries, national shrines, national historic sites;
f) Inadequately-stocked forest lands within forest concessions;
g) Portions of areas covered by pasture leases or permits having a slope of at least fifty
per cent (50%); and
h) River banks, easements, road rights-of-ways, deltas, swamps, former river beds, and
beaches.
Industrial Tree Sec. 34. Industrial Tree Plantations and Tree Farms. - A lease for a period of twenty-five (25)
Plantations and years, renewable for another period not exceeding twenty-five (25) years, for the
Tree Farms establishment of an industrial tree plantation or a tree farm may be granted by the Department
 Head upon recommendation of the Director to any person qualified to develop and exploit
natural resources, over timber or forest lands of the public domain categorized in Section 33
hereof, with a minimum area of One Thousand (1,000) hectares for industrial tree plantation
and One Hundred (100) hectares for tree farm; Provided, That the size of the area that may be
granted under each category shall in each.

Scattered areas of less than One Hundred (100) hectares each may be leased for the
establishment of tree farms to different qualified persons upon a showing that if developed as
an integrated unit these areas can be economically exploited: Provided, That it shall be a
condition of the lease that such persons organize themselves into a cooperative to ensure the
orderly management thereof.
D. FOREST Sec. 37. Protection of all resources. - All measures shall be taken to protect the forest
PROTECTION resources from destruction, impairment and depletion.

Sec. 38. Control of concession area. - 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 allowable harvestable 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, conformably with multiple use and sustained yield management.
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, likewise, adopt protection and conservation
measures consistent with those adopted by the license agreement holder in the said areas.

Sec. 39. Regulation of timber utilization in all other classes of lands and of wood-processing
plants. - The utilization of timber in alienable and disposable lands, private lands, civil
reservations, and all lands containing standing or felled timber, including those under the
jurisdiction of other government agencies, and the establishment and operation of saw-mills
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.

Sec. 43. Swamplands 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 typhoons, shall be maintained and shall
not be alienated. Such strips must be kept from artificial obstruction so that flood water will
flow unimpeded to the sea to avoid flooding or inundation of cultivated areas in the upstream.

All mangrove swamps set aside for coast-protection purposes shall not be subject to clear-
cutting operation.

Mangrove and other swamps released to the Bureau of Fisheries and Aquatic Resources for
fishpond purposes which are not utilized, or which have been abandoned for five (5) years
from the date of such release shall revert to the category of forest land.

Sec. 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, books and other documents relating to the operation 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.

Sec. 45. Authority 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.

Sec. 46. Scaling stations. - In collaboration with appropriate government agencies, the Bureau
shall establish control or scaling stations at suitably located outlets of timber and other forest
products to insure that they were legally cut or harvested.

Sec. 49. Roads and other infrastructure. - Roads and other infrastructure in forest lands shall
be constructed with the least impairment to the resource values thereof.

holders of license agreements, licenses, leases and permits shall not undertake road or
infrastructure construction or installation in forest lands without the prior approval of the
Director, or in alienable and disposable lands, civil reservations and other government lands,
without the approval of the government agencies having administrative jurisdiction over the
same.

All roads and infrastructure constructed by holders of license agreements, licenses, leases
and permits belong to the State and the use and administration thereof shall be transferred to
the government immediately upon the expiration or termination thereof. Prior thereto the
Bureau may authorize the public use thereof, if it will not be detrimental to forest conservation
measures.

Sec. 50. Logging roads. - There shall be indiscriminate construction of logging roads.

Such roads shall be strategically located and their widths regulated so as to minimize clear-
cutting, unnecessary damage or injury to healthy residuals, and erosion. Their construction
must not only serve the transportation need of the logger but, most importantly, the
requirement to save as many healthy residuals as possible during cutting and hauling
operations.

Sec. 51. Management of occupancy in forest lands. - Forest occupancy shall henceforth be
managed. The Bureau shall study, determine and define which lands may be the subject of
occupancy and prescribed therein, an agro-forestry development program.

Occupants shall undertake 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 be allowed.

In areas above 50% in slope, occupation shall be conditioned upon the planting of desirable
trees thereon and/or adoption of other conservation measures.
 Sec. 52. Census of kaingineros, squatters, cultural 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, cultural 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.
E. SPECIAL USES Sec. 54. Pasture in forest lands. - No forest land 50% in slope or over may be utilized for
pasture purposes.

Forest lands which are being utilized for pasture shall be maintained with sufficient grass cover
to protect soil, water and other forest resources.

If grass cover is insufficient, the same shall be supplemented with trees or such vegetative
cover as may be deemed necessary.

The size of forest lands that may be allowed for pasture and other special uses shall be
determined by rules and regulations, any provision of law to the contrary notwithstanding.

Sec. 55. Wildlife. - Wildlife may be destroyed, killed, consumed, eaten or otherwise disposed
of, without the necessity of permit, for the protection of life, health, safety and property, and the
convenience of the people.

However, the Director may regulate the killing and destruction of wildlife in forest lands in order
to maintain an ecological balance of flora and fauna.

Sec. 57. Other special uses of forest lands. - Forest lands may be leased for a period not
exceeding twenty-five (25) years, renewable upon the expiration thereof for a similar period, or
held under permit, for the establishment of sawmills, lumber yards, timber depots, logging
camps, rights-of-way, or for the construction of sanatoria, bathing establishments, camps, salt
works, or other beneficial purposes which do not in any way impair the forest resources
therein.
F. Sec. 58. Diffusion of benefits. - The privilege to utilize, exploit, occupy, or possess forest lands,
QUALIFICATIONS or to conduct any activity therein, or to establish and operate wood-processing plants, shall be
diffused to as many qualified and deserving applicants as possible.

Sec. 59. Citizenship. - In the evaluation of applications of corporations, increased Filipino

equity and participation beyond the 60% constitutional limitation shall be encouraged. All other
factors being equal, the applicant with more Filipino equity and participation shall be preferred.

Sec. 60. Financial and technical capability. - No license agreement, license, lease or permit
over forest lands shall be issued to an applicant unless he proves satisfactorily that he has the
financial resources and technical capability not only to minimize utilization, but also to practice
forest protection, conservation and development measures to insure the perpetuation of said
forest in productive condition.

Sec. 61. Transfers. - Unless authorized by the Department Head, no licensee, lessee, or
permittee may transfer, 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 transfer or convey only if he has not
violated any forestry law, rule or regulation; has been faithfully complying with the terms and
conditions of the license agreement; the transferee has all the qualifications and none of the
disqualifications to hold a license agreement, there is no evidence that such transfer or
conveyance is being made for purposes of speculation; and the transferee shall assume all the
obligations of the transferor. The transferor shall forever be barred from acquiring another
license agreement, license, lease or permit.

Sec. 62. Service contracts. - The Department Head, may in the national interest, allow forest
products licensees, lessees, or permittees to enter into service contracts for financial,
technical, management, or other forms of assistance, in consideration of a fee, with any
foreign person or entity for the exploration, development, exploitation or utilization of the forest
resources, covered by their license agreements, licenses, leases or permits. Existing valid and
binding service contracts for financial, technical, management or other forms of assistance are
hereby recognized as such.

Sec. 63. Equity sharing. - Every corporation holding a license agreement, license, lease or
permit to utilize, exploit, occupy or possess any forest land, or conduct any activity therein, or
establish and operate a wood-processing plant, shall within one (1) year after the effectivity of
this Code, formulate and submit to the Department Head for approval a plan for the sale of at
least twenty percent (20%) of its subscribed capital stock in favor of its employees and
laborers.

The plan shall be so implemented that the sale of the shares of stock shall be effected by the
corporation not later than the sixth year of its operation, or the first year of the effectivity of this
Code, if the corporation has been in operation for more than 5 years prior to such effectivity.

No corporation 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 approved for
implementation within the sixth year of its operation
G. REGULATORY Sec. 67. Basis of Assessment. - Tree measurement shall be the basis for assessing
FEES government charges and other fees on timber cut and removed from forest lands, alienable or
disposable 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 National Internal Revenue Code shall be used.

The Director may, with the approval 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 market studies undertaken by the Bureau; Provided, That such charges
shall not be lower than those now imposed.

CHAPTER IV CRIMINAL OFFENSES AND PENALTIES

Sec. 68. Cutting, shall be guilty of qualified theft as defined and confiscation in favor of the
gathering and/or punished under Articles 309 and 310 of the government of the timber or forest
collecting timber or other Revised Penal Code products to cut, gathered, collected
products without license. or removed, and the machinery,
equipment, implements and tools
used therein, and the forfeiture of his
improvements in the area.
 any licensee, lessee, or permittee who cuts same penalty plus cancellation of his
timber from the licensed or leased area of license agreement, lease, license or
another, without prejudice to whatever civil permit and perpetual disqualification
action the latter may bring against the offender. from acquiring any such privilege
Sec. 69. Unlawful Any person who fined in an amount of not
occupation or destruction enters and occupies or possesses, or less than (P500.00) to
of forest lands. makes kaingin for his own private use or (P20,000.00) and imprisoned
for others any forest land without for not less than (6) months -
authority under a license agreement, (2) years for each offense,
lease, license or permit, or payment of ten (10) times
in any manner destroys such forest land the rental fees and other
or part thereof, or charges which would have
causes any damage to the timber stand been accrued
and other products and forest growths in the case of an offender
found therein, or found guilty of making
who assists, aids or abets any other kaingin, the penalty shall be
person to do so, or imprisonment for not less
sets a fire, or negligently permits a fire than (2) - (4) years and a
to be set in any forest land 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 restoration of the
occupied area
eviction of the offender from
the land and the forfeiture to
the Government of all
improvements made and all
vehicles, domestic animals
and equipment of any kind
used in the commission of
the offense.
Sec. 70. Pasturing any person, who shall, without authority under a Imprisonment for not less than six
Livestock lease or permit, graze or cause to graze (6) months nor more than two (2)
livestock in forest lands, grazing lands and years and a fine equal to ten (10)
alienable and disposable lands which have not times the regular rentals due, in
as yet been disposed of in accordance with the addition to the confiscation of such
Public Land Act; livestock and all improvement
introduced in the area in favor of the
government,
Sec. 71. Illegal Any person who shall, without permit, occupy Fine of (P200.00) pesos or more
occupation of national for any length of time any portion of the national than five hundred (P500.00) pesos
parks system and parks system or shall, in any manner, cut, exclusive of the value of the thing
recreation areas and destroy, damage or remove timber or any damaged
vandalism therein species of vegetation or forest cover and other
natural resources found therein, or shall Rehabilitation or restoration or
mutilate, deface or destroy objects of natural compensate for the restoration of the
beauty or of scenic value within areas in the damage
national parks system
eviction and the forfeiture
Sec. 72. Destruction of Any person violating the provisions of Section Fine of (P100.00) pesos for each
wildlife resources 55 of this Code, or the regulations promulgated such violation and in addition shall
thereunder be denied a permit for a period of
three (3) years from the date of the
violation
Sec. 73. Survey by any person who shall, without permit to survey Imprisonment for (2) - (4) years
unauthorized person. from the Director, enter any forest lands, Confiscation
whether covered by a license agreement, lease,
license, or permit, or not, and conduct or
undertake a survey for whatever purpose.
Sec. 74. Misclassification Any public officer or employee who knowingly after an appropriate administrative
and survey by surveys, classifies, or recommends the release proceeding, be dismissed from the
government official or of forest lands as alienable and disposable service with prejudice to re-
employee lands contrary to the criteria and standards employment
established in this Code, or the rules and imprisonment of not less than one
regulations promulgated hereunder (1) year and a fine of not less than
one thousand, (P1,000.00) pesos.
The survey, classification or release
of forest lands shall be null and void.
Sec. 75. Tax declaration any public officer or employee who shall issue a Imprisonment for a period of not less
on real property tax declaration on real property without a than two (2) nor more than four (4)
certification from the Director of Forest years and perpetual disqualification
Development and the Director of Lands that the from holding an elective or
area declared for taxation is alienable and appointive office
disposable lands, unless the property is titled or
has been occupied and possessed by members
of the national cultural minorities prior to July 4,
1955.
Sec. 76. Coercion and Any person who coerces, influences, abets or imprisonment of not less than one
influence persuades the public officer or employee (1) year and pay a fine of five
referred to in the two preceding sections to hundred (P500.00) pesos for every
commit any of the acts mentioned therein hectare or a fraction thereof so
improperly surveyed, classified or
released.

Sec. 77. Unlawful

possession of
implements and devices
used by forest officers.
Sec. 78. Payment,
collection and remittance
of forest charges.
Sec. 79. Sale of wood No person shall sell or offer for sale any log,
products. lumber, plywood or other manufactured wood
products in the international or domestic market
unless he complies with grading rules and
established or to be established by the
Government.

PD 1067 - The Water Code of the Philippines

I. Highlights
 Underlying Principles

(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 administrative concession.

(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.

Requires a water permit for water right or the use and appropriation of water resources

All water permits granted 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 and shall specify the maximum amount of water which may be diverted or withdrawn,
the maximum rate of diversion or withdrawal, the time or times during the year when water may
be diverted or withdrawn, 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

II. Penal Provisions

1. Appropriation of subterranean or ground water for domestic use by an overlying landowner

without registration required by the Council.

2. Non-observance of any standard of beneficial use of water.

3. Failure of the appropriator to keep a record of water withdrawal, when required.

4. Failure to comply with any of the terms or conditions in a water permit or a water rights grant.

5. Unauthorized use of water for a purpose other than that for which a right or permit was granted.

6. Construction or repair of any hydraulic work or structure without duly approved plans and
specifications, when required.

7. Failure to install a regulating and measuring device for the control of the volume of water
appropriated, when required.

8. Unauthorized sale, lease, or transfer of water and/or water rights.

9. Failure to provide adequate facilities to prevent or control diseases when required by the
Council in the construction of any work for the storage, diversion, distribution and utilization of
water.

10. Drilling of a well without permission of the Council.

 11. Utilization of an existing well or ponding or spreading of water for recharging subterranean or
ground water supplies without permission of the Council.

12. Violation of or non-compliance with any order, rules, or regulations of the Council.

13. Illegal taking or diversion of water in an open canal, aqueduct or reservoir.

14. Malicious destruction of hydraulic works or structure valued at not exceeding P5,000.00.

15. Appropriation of water without a water permit, unless such person is expressly exempted from
securing a permit by the provisions of this Code.

16. Unauthorized obstruction of an irrigation canal.

17. Cultivation of a river bed, sand bar or tidal flat without permission.

18. Malicious destruction of hydraulic works or structure

19. Distribution for public consumption of water which adversely affects the health and safety of the
public.

20. Excavation or enlargement of the opening of a hot spring without permission.

21. 3. Unauthorized obstruction of a river or waterway, or occupancy of a river bank or seashore

without permission.

22. Establishment of a cemetery or a waste disposal area near a source of water supply or reservoir
for domestic municipal use without permission.

23. Constructing, without prior permission of the government agency concerned, works 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.

24. Dumping mine tailings and sediments into rivers of waterways without permission.

25. Misrepresentation of citizenship in order to qualify for water permit.

RA 7586 NIPAS
Section 1. Title This Act shall be known and referred to as the "National Integrated Protected Areas System Act of
1992.

Section 2. Declaration of Policy it is hereby declared the policy of the State to secure for the Filipino people of
present and future generations the perpetual existence of all native plants and animals through the establishment of
a comprehensive system of integrated protected areas within the classification of national park as provided for in the
Constitution.
It is hereby recognized that these areas, although distinct in features, posses common ecological values that
may be incorporated into a holistic plan representative of our natural heritage; that effective administration of
this area is possible only through cooperation among national government, local government and concerned private
organizations; that the use and enjoyment of these protected areas must be consistent with the principles of
biological diversity and sustainable development.

To this end, there is hereby established a National Integrated Protected Areas System (NIPAS), which shall
encompass outstandingly remarkable areas and biologically important public lands that are habitats of rare and
endangered species of plants and animals, biogeographic 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 established:

a. Strict nature reserve;

b. Natural park;

c. Natural monument;

d. Wildlife sanctuary;

e. Protected landscapes and seascapes;

f. Resource reserve;

g. Natural biotic areas; and

h. Other categories established 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:

1. "National Integrated Protected Areas System (NIPAS)" is the classification and administration of all
designated protected areas to maintain essential ecological processes and life-support systems, to preserve
genetic diversity, to ensure sustainable use of resources found therein, and to maintain their natural
conditions to the greatest extent possible;

2. "Protected Area" refers to identified portions of land and water set aside by reason of their unique physical
and biological significance, managed to enhance biological diversity and protected against destructive
human exploitation;

3. "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;

4. "Indigenous cultural community" refers to a group of people sharing common bonds of language,
customs, traditions and other distinctive cultural traits and who have since time immemorial, occupied,
possessed and utilized a territory;

5. "National park" refers to a forest reservation essentially of natural wilderness character which has been
withdrawn from settlement, occupancy or any form of exploitation except in conformity with approved
 management plan and set aside as such exclusively to conserve the area or preserve the scenery, the
natural and historic objects, wild animals and plants therein and to provide enjoyment of these features in
such areas;

6. "Natural monuments" is a relatively small area focused on protection of small features to protect or
preserve nationally significant natural features on account of their special interest or unique characteristics;

7. "Natural biotic area" is an area set aside to allow the way of life of societies living in harmony with the
environment to adapt to modern technology at their pace;

8. "Natural park" is a relatively large area not materially altered by human activity where extractive resource
uses are not allowed and maintained to protect outstanding natural and scenic areas of national or
international significance for scientific, educational and recreational use;

9. "Protected landscapes/seascapes" are areas of national significance which are characterized by the
harmonious interaction 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;

10. "Resource reserve" is an extensive and relatively isolated and uninhabited area normally with difficult
access designated as such to protect natural resources of the area for future use and prevent or contain
development activities that could affect the resource pending the establishment of objectives which are
based upon appropriate knowledge and planning;

11. "Strict nature reserve" is an area possessing some outstanding ecosystem, features and/or species of
flora and fauna of national scientific importance maintained to protect nature and maintain processes in an
undisturbed state in order to have ecologically representative examples of the natural environment available
for scientific study, environmental monitoring, education, and for the maintenance of genetic resources in a
dynamic and evolutionary state;

12. "Tenured migrant 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

13. "Wildlife sanctuary" comprises an area which assures the natural 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. Establishment and Extent of the System The establishment and operationalization of the System shall
involve the following:

1. All areas or islands in the Philippines proclaimed, designated or set aside, pursuant to a law national park,
game refuge, bird and wildlife sanctuary, wilderness area, strict nature reserve, watershed, mangrove
reserve, fish sanctuary, natural and historical landmark, protected and managed landscape/seascape as
well as identified virgin forests before the effectivity, The initial components of the System shall be governed
by existing laws, rules and regulations, not inconsistent with this Act;

Section 6. Additional Areas to be Integrated to the System. Notwithstanding the establishment 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. Disestablishment as Protected Area. When in the opinion of the DENR a certain protected area should
be withdrawn or disestablished, or its boundaries modified as warranted by a study and sanctioned by the majority
of the members of the respective boards for the protected area as herein established in Section 11, it shall, in turn,
advice Congress. Disestablishment of a protected area under the System or modification of its boundary shall take
effect pursuant to an act of Congress. Thereafter, said area shall revert to the category of public forests unless
otherwise classified by Congress:

Section 8. Buffer Zones. For each protected area, there shall be established peripheral buffer zones when
necessary, in the same manner as Congress establishes 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 14. Survey for Energy Resources. Consistent with the policies declared in Section 2 hereof, protected
areas, except strict nature reserves and natural parks, may be subjected to exploration 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 program approved by the DENR, and the
result of such surveys shall be made available 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 20. Prohibited Acts. Except as may be allowed by the nature of their categories and pursuant to rules and
regulations governing the same, the following acts are prohibited within protected areas:

a. Hunting, destroying, disturbing, or mere possession of any plants or animals or products derived
therefrom without a permit from the Management Board;

b. Dumping of any waste products detrimental to the protected area, or to the plants and animals or
inhabitants therein;

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

d. Mutilating, defacing or destroying objects of natural beauty, or objects of interest to cultural communities
(of scenic value);

e. Damaging and leaving roads and trails in a damaged condition;

f. Squatting, mineral locating, or otherwise occupying any land;

g. Constructing or maintaining any kind 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 defacing boundary marks or signs.

RENEWABLE ENERGY ACT

Section 6. Renewable Portfolio Standard (RPS). - All stakeholders in the electric power industry shall contribute
to the growth of the renewable energy industry of the country. Towards this end, the National Renewable Energy
Board (NREB), created under Section 27 of this Act, shall set the minimum percentage of generation from eligible
renewable energy resources and determine to which sector RPS shall be imposed on a per grid basis within
one (1) year from the effectivity of this Act.

Section 9. Green Energy Option. - The DOE shall establish a Green Energy Option program which provides end-
users the option to choose RE resources as their sources of energy. Upon the determination of the DOE of its
technical viability and consistent with the requirements of the green energy option program, end users may directly
contract from RE facilities their energy requirements distributed through their respective distribution utilities.

Consistent herewith, TRANSCO or its successors-in-interest, DUs, PEMC and all relevant parties are hereby
mandated to provide the mechanisms for the physical connection and commercial arrangements necessary to
ensure the success of the Green Energy Option. The end-user who will enroll under the energy option program
should be informed by way of its monthly electric bill, how much of its monthly energy consumption and generation
charge is provided by RE facilities.

Section 10. Net-metering for Renewable Energy. - Subject to technical considerations and without discrimination
and upon request by distribution end-users, the distribution utilities shall enter into net-metering agreements with
qualified end-users who will be installing RE system.