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CHAPTER II PUBLIC LAND ACT other areas not needed for or are not
(Commonwealth Act No. 141) being utilized for the purposes for which
they have been established;
- enacted on 11/7/1936 b. Advise the regional offices on the efficient
and effective implementation of policies,
Regalian Doctrine – All lands of public domain
programs and projects for more effective
belong to the State – the source of any asserted
public lands management;
right to ownership of land. All lands not
c. Assist in the monitoring and evaluation of
appearing to be clearly of private dominion
land surveys, management and disposition
presumptively belong to the State. (Sec. 2, Art.
of lands to ensure efficiency and
XII of Constitution)
effectiveness thereof;
Functions of DENR Secretary d. Issue standards, guidelines, regulations
and orders to enforce policies for the
a. Exercise supervision and control over maximization of land use and
forest lands, alienable and disposable development;
public lands, mineral resources and, in the e. Develop operating standards and
process of exercising such control, impose procedures to enhance the Bureau’s
appropriate taxes, fees, charges, rentals objectives and functions;
and any such form of levy and collect f. Assist the Secretary as executive officer
such revenues for the exploration, charged with carrying out the provisions
development, utilization or gathering of of the PLA, who shall have direct
such resources; executive control of the survey,
b. Promulgate rules, regulations and classification, lease, sale or any other
guidelines on the issuance of licenses, forms of concessions or disposition and
permits, concessions, lease agreements management of the lands of the public
and such other privileges concerning the domain;
development, exploration and utilization g. Perform other functions as may be
of the country’s marine, freshwater, and assigned by the Secretary and/ or
brackish water and over all aquatic provided by law.
resources of the country and shall
continue to oversee, supervise and police Delegated functions:
our natural resources; x x x
DENR Secretary
c. Exercise exclusive jurisdiction on the
management and disposition of all lands - approves the appraisal of public lands and
of the public domain and serve as the sole issues authority to conduct bidding
agency responsible for classification, sub- covering agricultural land sales above 5
classification, surveying and titling of hectares and leases covering 100 hectares
lands in consultation with appropriate and above;
agencies. - Approves transfer of public land
applications or deeds of sale/ mortgage of
Functions of LMB Director and Regional
patented lands above12 hectares;
Officers
- decides cases on appeal involving claims/
a. Recommend policies and programs for conflicts over public lands; and
the efficient and effective administration, - signs patents for areas more than 5
surveys, management and disposition of hectares for sales and more than 10
alienable and disposable lands of the hectares for homestead and free patents.
public domain and other lands outside the
responsibilities of other government
agencies; such as reclaimed areas and

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Regional Executive Director (RED) Community Environment and Natural Resources

Officer (CENRO)
- issue orders of bidding and signs contracts
for cadastral and public land subdivision - issue survey orders to conduct isolated
survey projects; surveys;
- issues investigation order involving - issues certificates of land classification for
patented lots; areas below 50 hectares;
- decides claims and conflicts involving - accepts public land applications and
public lands; processes the same;
- issues orders of execution; - conducts oral or sealed bidding for the
- signs patents and reconstituted patent for sale or lease of public lands; and issues
areas up to 5 hectares for sales and 5 up to survey orders for the subdivision of
10 hectares for homestead and free patent; cadastral lots for patented and unpatented
and lands.
- issues original revocable or provisional
permits for alienable and disposable lands. Classification of Lands

Regional Technical Director (RTD) Generally:

- verifies, approves and sign maps and plans a. Lands of the public domain
for public land subdivision, cadastral and - either alienable or inalienable
isolated surveys;
- approves survey plans for OLT and other b. Lands of the private domain
agrarian reform projects; - refer to “land belonging to and owned by
- verifies and approves political boundary the state as a private individual, without
surveys; and being devoted for public use, public
- issues survey orders for public land service or the development of national
subdivision and cadastral survey covering wealth xxx similar to patrimonial
land up to 500 hectares. properties of the State.

Provincial, Environment and Natural Resources Under Civil Code:

Officer (PENRO)
a. Properties of the public domain
- issues certificates of land classification for - those intended for public use.
areas over 50 hectares;
- approves appraisal of public lands and ex. roads, canals, rivers, torrents, port and
issues authority to conduct bidding on bridges constructed by the State, banks,
sales and leases for areas up to 1k sq.m. shores, roadsteads, and others of similar
for commercial, industrial and residential character.
purposes;
- approves appraisal of public lands and b. Those which belong to the State, without
issues authority to conduct bidding being for public use, intended for some
covering leases below 5 hectares for public service or for the development of
agricultural purposes; the national wealth.
- issues orders of investigation involving
claims and conflicts over unpatented lots; c. Patrimonial properties of the State.
and - ex.. properties other than properties of the
- signs patents and reconstituted patents for public domain or former properties of the
areas up to 5 hectares for homestead and public dominion that are no longer
free patent. intended for public use or for public
service.

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Under the Constitution: * The prerogative of classifying or reclassifying

lands of the public domain, i.e., from forest or
1987: mineral to agricultural and vice versa, belongs to
the executive branch of the government and
a. Agricultural
not the court.
b. Forest or timber
c. Mineral lands, and * For purposes of the administration and
d. National parks. disposition of alienable or disposable public lands,
the President, upon recommendation of the Sec.
1935
of DENR, shall from time to time declare what
a. Agricultural, lands are open to disposition or concession under
b. Timber, and the Act.
c. Mineral
* Before the government could alienate or dispose
1973 of lands of the public domain, the President must
first officially classify these lands as A&D, and
a. Agricultural then declare them open to disposition or
b. Industrial or Commercial concession. There must be no law reserving these
c. Residential lands for public or quasi-public uses. The
d. Resettlement classification is a prerogative of the Executive
e. Mineral Department and not the courts.
f. Timber or Forest
g. Grazing lands, and Government Land Public Land
h. Such other classes as may be provided by Includes public land Equivalent to Public
law. and other lands of the domain, and does not
government already include all lands of
PLA reserved or devoted to government ownership,
public use or subject to but only so much of
a. Alienable or Disposable private right. said lands as are thrown
a.1 Agricultural open to private
a.2 Residential, commercial, industrial, or appropriation and
for similar productive purposes; settlement by
a.3 Educational, charitable, or other homestead and other
similar purposes; like general laws.
a.4 Reservations for town sites and for
public and quasi-public uses.
Non-registrable properties:
b. Timber, and
a. Property of public dominion
c. Mineral lands b. Forest lands
c. Watersheds
* PLA as amended governs land of the public d. Mangrove swamps – forms part of public
domain; forests
e. Mineral lands
Special Laws govern timber and mineral lands; f. National Parks and Protected Areas
Laws presently in force govern the administration g. Military or Naval Reservation
and disposition of friar lands and those lands h. Foreshore lands and reclaimed lands
which, being privately owned, have reverted to or i. Submerged areas
become the property of the State. j. Lakes
k. Navigable rivers
l. Creeks

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m. Reservations for public and semi-public - shall succeed the original homesteader in
purposes his rights and obligations beginning with
the date of approval of said application of
Modes of Disposition the purchaser.
* The words alienation, disposition, or concession * any person who transferred his right may not
as used in PLA means any of the methods again apply for a new homestead.
authorized by the Act for the acquisition, lease,
use or benefit of the lands of the public domain * every transfer made without the previous
other than timber or mineral lands. approval of Director of Lands shall be null and
void and shall result in the cancellation of the
a. Homestead settlement entry and the refusal of the patent.
- any citizen of the Philippines * Registration court cannot be divested of
- over 18 yo or head of the family jurisdiction by subsequent issuance of a
- not exceeding 12 hectares of agricultural homestead patent over the same land subject of
land of public domain registration.
- the applicant must cultivated and
improved at least 1/5 of the land * The Director of Land’s jurisdiction,
continuously since the approval of the administrative supervision, and executive control
application, and extend only over lands of the public domain and
- resided for at least 1 yr in the municipality not to lands already of private ownership.
in which the land is located, or in the Accordingly, a homestead patent issued by him
municipality adjacent to the same over land not of the public domain is a nullity,
- payment of required fee. devoid of force and effect against the owner.
* when a homesteader has complied with all b. By sale
the terms and conditions, he acquires a vested
interest therein, and is to be regarded as the - any citizen of the Philippines
equitable owner thereof. - lawful age or head of the family
- not to exceed 12 hectares
* Even without a patent, a perfected - shall be sold through sealed bidding
homestead is a property right in the fullest - purchase price may be paid in full or in
sense, unaffected by the fact that the not more than ten equal annual
paramount title to the land is still in the installment from the date of the award.
government. Such land may be conveyed or - the purchaser shall have, not less than 1/5
inherited. No subsequent law can deprive of the land cultivated within 5 yrs from
him of that vested right. the date of the award and before any
patent is issued he must show actual
a homesteader may transfer his rights if: occupancy, cultivation, and improvement
of at least 1/5 of the land, until the date
- with approval of the Director of Lands
of final payment.
- not being able to continue with
- after the cultivation of the land has begun,
homestead is not through his fault
the purchaser, with the approval of the
- there is a bona fide purchaser
DENR Secretary, may convey or
- the conveyance is not made for purposes
encumber his rights to any person,
of speculation.
corporation, or association legally
after transfer qualified to purchase agricultural
public lands.
- the purchaser shall file a homestead
application to the land so acquired

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 NatRes 5
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condition in the transfer of rights d. By confirmation of imperfect or incomplete

title by:
- the conveyance or encumbrance should
not affect any right or interest of the (1) Judicial legalization – under Chapter
government in the land VIII of the PLA.
- the transferee is not delinquent in the 1. the applicant must be a Filipino
payment of any installment due and Citizen;
payable. 2. He must have, by himself or
- after the sale has been approved, the through his predecessor in
vendor shall not lose his right to acquire interest, possessed and occupied
agricultural public lands, provided he has an alienable and disposable
the necessary qualifications. agricultural portion of the public
- any sale or encumbrance made without domain;
the approval of the Secretary 3. Such possession and occupation
shall be null and void and shall produce must have been open, continuous,
the effect of annulling the acquisition; exclusive, notorious and in the
reverting the property and al rights to the concept of owner, since June 12,
State; 1945; and
all payments on the purchase price 4. the application must be filed with
theretofore made to the government shall the proper court.
be forfeited.
* RA No. 9176 extended the period of
c. By lease filing to 12/31/2020; limited the area
applied for to 12 hectares. The applicant
- any citizen of the Philippines will be barred by laches when he fails to
- lawful age register the land on or before
- any Corporation or Association of which 12/31/2020.
at 60% of the capital stock or of any
interest in said capital stock belongs laches – the failure or neglect for an
wholly to citizens of the Philippines. unreasonable and unexplained length of
- Private person: may lease not more than time to do that which, by exercising due
500 hectares; or acquire not more than 12 diligence, could or should have done
hectares by purchase, homestead or grant. earlier; it is negligence or omission to
- Corporation: may lease A&D lands of assert a right within a reasonable time,
public domain for 25 yrs renewable not to warranting a presumption that the party
exceed 25 yrs; not to exceed 1k hectares. entitled to assert it either has abandoned it
or declined to assert it.
conditions:
* only when these conditions are met may
- the lessee shall have not less than 1/3 of the possessor of the land acquire, by
the land broken and cultivated within 5 operation of law, “a right to a grant, a
yrs after the date of the approval of the government grant, without the necessity
lease. However, in case the land leased is to of a certificate of title being issued.
be devoted to pasture, it shall be
sufficient compliance with this condition * Lands classified as forest or timber
if the lessee shall graze on the land as lands, mineral lands and lands within
many heads of cattle as will occupy at least national parks are excluded from the
½ of the entire area at the rate of 1head/ coverage of Sec. 48(b) of PLA. Hence,
hectare. adverse possession thereof could never
ripen into ownership, and unless the land
had been classified as A&D, the rules on

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confirmation of imperfect or incomplete 2. where the lot is contested but

title shall not apply. However, in the value thereof does not exceed
Republic v. CA and Naguit, it was held Php 100,000.00 x x x.
that what the law merely requires is that
the property sought to be registered is * Burden of proof rests to the applicant.
“already A&D at the time the application
* The law requires both possession and
for registration of title is filed. It is not
occupation.
necessary that the land be 1st classified as
A&D agricultural land, before the * If the court finds that more than 1
applicant’s possession under a bona fide person or claimant has interest in the land,
claim of ownership could start. the conflicting interests shall be
adjudicated by the court and decree
* The applicant must secure a certification
awarded in favor of the person(s) entitled
from the government that the land applied
to the land sought to be registered. If
for by the applicant is A&D. This can be
none of the person is entitled, or the
established by
person lacks qualification, the decision
Presidential Proclamation; shall be in favor of the government.

Executive Order; * State may not impair vested rights by

legislative enactment, by the enactment or
Administrative Action; by the subsequent repeal of a Municipal
Ordinance, or by a change in the
Investigation Reports of Lands or Constitution of the State, except in a
Forest Investigators; or legitimate exercise of the Police
Power.
Legislative Act or Statute.
(2) Administrative legalization (free
* Where applicant has acquired a right to a
patent) – under Chapter VII of the PLA.
government grant, application is a mere
formality. - any natural-born citizen of the
Philippines
* Vested rights cannot be impaired by
subsequent law. - not the owner of more than 12 hectares
* Land declared public land in a previous - for at least 30 yrs prior to the effectivity
registration case may be the subject of of the amendatory act, has continuously
judicial confirmation. occupied and cultivated, either by himself
or through his predecessors-in-interest a
* The law requires both possession and
tract(s) of agricultural public lands subject
occupation.
to disposition
* Shall be heard in RTC
- shall have paid real estate tax thereon
* MTC was granted a delegated while the same has not been occupied by
jurisdiction to hear and determine any person.
cadastral or land registration cases in the
RA No. 10023: Issuance of free patent for
ff. instance:
residential lots
1. where the lot sought to be
- any Filipino Citizen
registered is not the subject of
controversy or opposition; or - actual occupant of a residential land

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- in highly urbanized cities: the land should not Classification and Disposition of Lands for
exceed 200 sq m Residential, Commercial or Industrial
Purposes (Chapter IX, Title III of PLA):
- in other cities: should not exceed 500 sqm
- any tract of land of the public domain
- in 1st and 2nd class municipalities: should not which, being neither timber nor mineral
exceed 750 sqm land, is intended to be used for residential
purposes other than agricultural, and is
- in all other municipalities: should not exceed 1k
open to disposition or concession, shall be
sqm
disposesd of under the provisions of said
* provided the land is not needed for public service or public chapter and not otherwise.
use:
Lands disposable under Sec. 9, Title III:
shall cover all lands that are:
a. Lands reclaimed by the government
zoned as residential areas, including by dredging, filling, or other means;
townsites; b. Foreshore;
c. Marshy lands or lands covered with
zoned residential areas located inside a water bordering upon the shores or
delisted military reservation or abandoned banks of navigable lakes or rivers;
military camp; and d. Lands not included in any of the
foregoing classes.
those of LGU or townsites which
preceded RANo. 7586 and NIPAS. Modes of disposition:
application shall be supported by the ff: a. Sale
a. Map based on an actual survey b. Lease
conducted by a licensed geodetic engineer
and approved by the DENR; - The lands may be leased or sold, as the case may
be, to any person, corporation or association
b. Technical description of the land authorized to purchase or lease public lands for
applied for; agricultural purposes.
c. Supporting affidavit of 2 disinterested Under the Constitution:
persons who are residing in the Brgy. of
the City or Municipality where the land is Private Corporation: may only lease Alienable
located, attesting to the truth of the facts land of public domain for 25 yrs, renewable for
contained in the application x x x. not more than 25 yrs, and not to exceed 1k
hectares in area.
Shall be filed with (CENRO) Community
Environment and Natural Resources Office; after Citizens of the Philippines: may lease not more
processing within 120 days, it will be forwarded to than 500 hectares, or acquire not more than 12
(PENRO) Provincial Environment and Natural hectares by purchase, homestead or grant.
Resources Office, who may approve or not the
same within 5 days. When approved, a patent
shall be issued; If there is conflicting claims, the a. Lands reclaimed by Shall be disposed of to
parties may seek proper judicial remedies. the government by private parties by lease
dredging, filling, or only, as soon as the
Restrictions on encumbrances, conveyances, transfers or
other means; President through the
dispositions is same as that imposed in Sec. 118, 119,
b. Foreshore; Recommendation of
121, 122 and 123.
c. Marshy lands or DENR Secretary, shall

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lands covered with declare the same as not rescission of the lease contract. However, the
water bordering necessary for public DENR Secretary may prescribe, waive the
upon the shores or service and are open to rescission, or extend the time within which the
banks of navigable disposition. construction of the improvements shall be
lakes or rivers; commenced and completed.
d. Lands not may be by sale or lease
included in any of * Where the land has been the subject of
Sale Lease foreshore lease application, the fact that the land
the foregoing classes.
(a) the has subsequently ceased to be a foreshore because
purchaser the land has been converted into a commercial or
shall make industrial land shall not result in the revocation of
improvements the lease. Since the said land was a foreshore land
of a at the time the application was filed, the right to
permanent lease the same should still be awarded to the
character applicant.
appropriate
for the * Marshy lands, lands under water bordering on
purpose for shores or banks of navigable lakes or rivers which
which the have been improved and utilized for farming,
land is fishpond, or similar purpose for at least 5 yrs
purchased from the date of the contract of lease, may be
(b) The sold to the lessees thereof under Chapter V of
purchase Act as soon as the President xxx shall declare
price shall be that the same are not necessary for the public
paid in cash service.
or in equal
* Lands for residential, commercial or industrial
annual
purposes shall be disposed of through oral
installment
bidding
exception: (RA No. 730)
Conditions of the lease
by private saleprovided that:
Sec. 64 provides that the lease shall contain,
among other conditions, the ff: 1. the applicant has in his favor the
conditions specified therein, and
(d) The lessee shall construct permanent
2. the area applied for is not more than 1k
improvements appropriate for the purpose for
sq.m.
which the lease is granted, shall commence the
construction thereof within 6 mos from the date Qualifications of applicant:
of the award of the right to lease the land, and
shall complete the said construction within 18 a. Filipino citizen
mos from said date. b. Of legal age
c. Not the owner of a home lot in the
(e) at the expiration of the lease or of any Municipality or City in which he resides
extension of the same, all improvements made by d. Have established in good faith his
the lessee, his heirs, executors, administrators, residence on a parcel of public land which
successors, or assigns shall become the property is not needed for public service;
of the Government. e. Have constructed his house and actually
resided therein.
* The violation of 1 or any of the conditions
specified in the contract shall give rise to the

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 NatRes 9
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If the applicant complies with the enumerated Reservation

qualification, he shall be given preference to
purchase at a private sale not more than 1k sqm 1. Townsite – whenever it shall be
of land at a price to be fixed by the Dir. of Lands. considered to be in the public interest to
found a new town, The President, upon
Sale of lands within military reservations recommendation of DENR Secretary,
may issue a proclamation reserving the
- when declared as no longer needed for military land as a townsite.
purposes, may be subdivided by Dir. of Lands
and thereafter sold to persons qualified to A certified copy of such proclamation
acquire agricultural public lands under PLA, shall be sent to Dir. of Land and to RD of
with priority given to bona fide occupants and the province in which the surveyed land
then to war veterans. lies.
Concession of lands for educational,
2. Reservation for public and semi-public
charitable and other similar uses
purposes – The President may proclaim
- Whenever any province, municipality, or other any tract(s) of land of the public domain
branch or subdivision of the government shall as reservation for public and semi-public
need any portion of the land of the public domain purpose, when the public interest
open to concession for educational, charitable, or requires it.
other similar purposes, the President through
recommendation of DENR Secretary may A certified copy of such proclamation
execute contract in favor of the same, in the form shall be sent to Dir. of Land and to RD of
of donation, sale, lease, exchange, or any the province in which the surveyed land
other form, under terms and conditions to be lies.
inserted in the contract;
Provisions common to reservations
the land granted shall in no case be encumbere
The tract(s) of land reserved shall be non-
or alienated, except when
alienable and shall not be subject to occupation,
the public service requires their being lease or entry, sale, lease, or other disposition until again
exchanged, with the approval of the declared alienable under the provisions of this Act
President, or by proclamation of the President.

for other lands belonging to private parties,or If all lands included in the proclamation are not
registered under the Land Registration Act or
if the Congress disposes otherwise. Property Registration Decree, the SolGen, upon
recommendation of Dep. Secretary shall proceed
* The DENR Secretary may order the sale to be to a compulsory judicial (cadastral) proceeding for
made without public auction, at a price to be fixed the settlement and adjudication of title of lands.
by him, or the lease to be granted without auction,
at a rental to be fixed by him. In either case, the Special Patents
purchaser or lessee or their successors or assigns
shall not sell, transfer, encumber or lease the - a patent to grant, cede and convey full
land for the purposes of speculation or use it ownership of A&D formerly covered by a
for any purpose other than that contemplated reservation or lands of public domain and is
in the application. Violation of this condition shall issued upon the promulgation of a special law or
give rise to the immediate rescission of the sale or act of Congress or by the DENR Secretary as
lease, as the case may be, and to the authorized by EO of the President.
forfeiture to the government of all existing
improvements.

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ex. Public Estates Authority, now Phil. - Once a title is registered, as a consequence either
Reclamation Authority, under PD No. 1085, over of judicial or administrative proceedings, the
3 reclaimed islands known as the Freedom Islands owner may rest secure, without the necessity of
located in the Manila Bay and pursuant to which waiting in the portals of the court sitting in the
the RD issued TCT in PEA’s name. mirador de su casa to avoid the possibility of
losing his land.
Registration of Patents and Issuance of CTC
The Certificate of Title cannot be defeated by
* Registration of patent is the operative act to adverse, open and notorious possession. Neither
convey the land. can it be defeated by prescription.
* It is the duty of the issuing agency of the A Certificate of Title cannot be collaterally
government to cause the same to be filed and attacked.
registered with the RD, and an owner’s duplicate
of CTC shall be issued to the patentee or grantee. PROHIBITED ALIENATIONS
* The patent or grant shall not take effect as a Prohibition against alienation of lands
conveyance or bind the land, but shall operate acquired under the homestead and free patent
only as a contract between the government and provisions: (PLA)
the grantee.
Sec. 118.
* It is the act of registration that conveys or
affects the land, and binds 3rd persons. - Lands acquired under free patent or homestead
provisions shall not be subject to encumbrance or
Certificate of title issued pursuant to a patent alienation from the date of the approval of the
indefeasible application and for a term of 5 yrs from and after
the date of issuance of the patent or grant;
* Public land patents when duly registered are
veritable Torrens title and become as indefeasible nor shall they become liable to the satisfaction of
as a Torrens title upon the expiration of 1 yr any debt contracted prior to the expiration of said
from the date of its issuance. It becomes period.
incontrovertible upon the expiration of 1 yr from
the date of the order for issuance of the patent, * improvements or crops on the land may be
hence, prescription cannot operate against the mortgaged or pledged to qualified persons,
registered owner. associations, or corporations.

They become private property which can no exception:

longer be the subject of disposition by the Dir. of
in favor of the Government or any of its
Lands.
branches, units or institutions, or legally
* Date of issuance of the patent corresponds to constituted banking corporations
the date of the issuance of the decree in ordinary
- No alienation, transfer, or conveyance of any
registration cases, because the decree finally
homestead after 5 yrs and before 25 yrs after
awards the land applied for registration to the
issuance of title shall be valid without the
party entitled to it, and the patent issued by the
approval of the Sec. of Agriculture and Natural
Dir. of Lands equally and finally grants, awards,
Resources, which approval shall not be denied
and conveys the land applied for to the applicant.
except on Constitutional and legal grounds.
Title cannot be defeated by adverse
Sec. 121.
possession, nor subject to collateral attack
No Corporation, Association, or Partnership may
acquire or have any right, title, interest, or

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 NatRes 11
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property right whatsoever to any land granted Policy of the law

under the free patent, homestead, or individual
sale provisions of this Act or to any permanent Prohibition has a Purpose of giving the
improvement on such land. homesteader or patentee every chance to preserve
for himself and his family the land that the State
exception: had gratuitously given him as a reward for his
labor in cleaning and cultivating it.
with the consent of grantee and the approval of
the Sec. of Agriculture and Natural Resources, - to give the patentee a place where to live
and solely for educational, religious, or charitable with his family so he may become a happy
purposes or for a right of way. citizen and useful member of our society
(Tinio v. Frances)
Sec. 122.
…..
- No land originally acquired in any manner under
the provisions of this Act, nor any permanent * Homesteader may repurchase the properly sold
improvement on such land, shall be encumbered, homestead, within 5 yrs from the date of the sale.
alienated or transferred
* Transfer of homestead rights can only be
except to justified upon proof satisfactory to the Dir. of
Lands that the homesteader cannot continue with
persons, corporations, association, or partnerships his homestead through no fault of his own.
who may acquire lands of the public domain
under this Act or to Corporations organized in * Previous permission of DENR Sec is required
the Phils. authorized by their charters. as regards transfer.
- No land or any portion thereof originally * Transfer without previous approval of DENR
acquired under the free patent, homestead, or Sec. shall result in the cancellation of the entry
individual sale provisions of this Act, or any and the refusal of the patent.
permanent improvement on such land, shall be
transferred or assigned to any individual, nor such …..
land or any permanent improvement thereon be
Prohibition starts from date of approval up to
leased to such individual, when the area of said
5th yr from issuance of patent.
land, added to that of his own, shall exceed 144
hectares. Any transfer, assignment, or lease - patent is considered issued once the order of its
made in violation hereto shall be null and issuance is promulgated and, therefore, the 5yr
void. period is computed from this date and not from
the date of registration with the RD or from the
exception:
date of Certificate of Title.
in case of hereditary succession.
- the provision of law prohibiting the sale or
* By express provision of PLA and in conformity encumbrance of the homestead, except in favor
with the policy of the law, any transfer or of the government or any of its branches,
alienation of a free patent or homestead within 5 units or institutions, withing 5 yrs is
yrs form the issuance of the patent is proscribed. mandatory. Thus, a sale of homestead within the
Such transfer nullifies said alienation and 5yr prohibitive period is void ab initio and the
constitutes a cause for the reversion of the same cannotbe ratified nor can it acquire
property to the State. validity through the passage of time.

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Approval of Secretary merely directory landholders which is the bulwark of peace and
order.
- The requirement for the approval of the DENR
Secretary is merely directory, and its absence * The right of repurchase attaches to every
does not invalidate any alienation, transfer or alienation or encumbrance, and that right can be
conveyance of the homestead after 5yrs and exercised even in the absence of any stipulation in
before the 25 yr period. Such approval may be the deed of sale. It cannot be waived. It is not
secured at any time in the future. within the competence of any citizen to barter
way what public policy by law seeks to preserve.
Agreements which are considered a
circumvention of the law exception:
- prohibition applies to the sale of the land to the But where it is established that the intention in
homesteader’s own son or daughter, as a clever exercising the right to repurchase is for the
homesteader who wants to circumvent the ban speculative purpose of redeeming the land only to
may simply sell the lot to his descendant and the dispose of it again for greater profit, this has been
latter after registering the same in his name would held to be in violation of the policy and spirit of
sell it to a 3rd person. the law.
* the law prohibiting any transfer or alienation of Period of repurchase under Sec. 119
homestead land within 5yrs from the issuance of
the patent does not distinguish between executor 5 yr period for legal redemption starts from the
and consummated sales. date of execution of the deed of sale, and not
from the date of registration in the RD. This is
* alienation after 5 yrs from the order of issuance true even if full payment of the purchase price is
of patent of land acquired under a free patent not made on the date of conveyance, unless
does not need approval of Secretary. there is a stipulation in the deed that
ownership shall not vest in the vendee until
Sale of only a part of the land violates full payment of the price.
prohibition
The redemption of extrajudicially foreclosed
- even if only part of the property has been sold properties is exercisable within 1 yr from the date
or alienated within the prohibited period of 5 yrs of the auction sale as provided for in Act No.
from the issuance of the patent, such alienation is 3135.
a sufficient cause for the reversion of the whole
estate to the State. Effect of void conveyance
Repurchase by applicant or his heirs - where the parties to a sale of a portion of the
public domain covered by homestead patent have
- Every conveyance of land acquired under the been proven to be guilty of having effected the
free patent or homestead provisions, when transaction with knowledge of the cause of its
proper, shall be subject to repurchase by the invalidity, the sale is null and void and shall cause
applicant, his widow, or legal heirs, within the the reversion of the property of the State.
period of 5 yrs from the date of the conveyance.
exception:
When the patentee-vendor is still living, he has
the right to repurchase; otherwise, his widow or Where its enforcement or application will run
his legal heirs have that right. counter to avowed fundamental policy of public
interest.
rationale/objective: to promote public policy, that is,
to provide home and decent living for destitute, * Where the subject of the transaction is a piece
aimed at promoting a class of independent small of public land, an heir should not be prevented

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 NatRes 13
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from reacquiring it because it was given by law to

her family or her home and cultivation and this is
the policy on which the homestead law is
predicated.
While the government (the property party to
institute an action for the reversion of the
property subject of a void sale) does not take
steps to assert its title to the homestead, the
vendees should not be allowed to remain in it
because their right to its possession is no better
than that of the vendor or his heirs.
The reversion is a matter between the State and
the grantee or his heirs but does not preclude the
heirs from suing to have the alienation declared
invalid, for their right to the possession of the
land is superior to that of the transferee in the
void alienation.

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CHAPTER III Jurisdiction:

Revised Forestry Code (PD No. 705) Forestlands are within the exclusive jurisdiction of
the Bureau and beyond the power and jurisdiction
- The law places emphasis not only on the of the courts to register under the Torrens
utilization of forest resources but more so on the System:
protection, rehabilitation and development of
forest lands, in order to ensure the continuity of The Bureau shall be responsible for the ff:
their productive condition.
a. protection, development, management,
- It institute the proper classification and regeneration, and reforestation of forest
delimitation of the lands of the public domain, lands;
and the management, utilization, protection, b. regulation and supervision of the
rehabilitation and development of forestlands. operation of licensees, lessees and
permittees for the taking or use of forest
* The Court will not interfere in matters which products therefrom or the occupancy or
are addressed to the sound discretion of use thereof;
government agencies entrusted with the c. implementation of multiple use and
regulationof activities coming under the special sustained yield management in forest
technical knowledge and training of such lands; the protection, development and
agencies. (Ysmael v. Deputy Executive Secretary) preservation of national parks, marine
parks, game refuges and wildlife;
Doctrine of Primary Jurisdiction does not warrant a
d. implementation of measures and
court to arrogate unto itself the authority to
programs to prevent kaingin and managed
resolve a controversy the jurisdiction over which
of forest and grazing lands;
is initially lodged with an administrative body of
e. the effective, efficient and economic
special competence.
classification of lands of public domain;
* DENR is not the sole government agency and
vested with the authority to issue permits relevant f. enforcement of forestry, reforestation,
to the transportation of salvaged forest products, parks, game and wildlife laws, rules, and
considering that, pursuant to the general welfare regulations.
clause, LGUs may also exercise such authority.
* Legality of the closure of a logging road is a
(Ruzol v.Sandiganbayan)
judicial question: It is beyond the power and
Forest Management Bureau (formerly known as authority of the Bureau to determine the unlawful
Bureau of Forest Development) is directly under closure of a passage way, much less award or deny
the control and supervision of the DENR the payment of damages based on such closure.
Secretary. The Director recommends to DENR Not every activity inside a forest area is subject to
rules and regulations necessary to implement the the jurisdiction of the Bureau.
provisions of Forestry Code.
* The grantee of a pasture lease agreement has the
All actions and decisions of the Bureau Director right to the lawful possession of the subject
are subject to review, motu proprio or upon property for the period stated in the agreement,
appeal of any person aggrieved thereby, by the and any disturbance of its possession is a valid
DENR Secretary whose decision shall be final ground for the issuance of a writ of preliminary
and executor after the lapse of 30 days from mandatory injunction in its favor.
receipt by the aggrieved party of said decision,
Classification:
unless appealed to the President. The
Decisionof the DENR Secretary may not be The DENR Secretary shall determine which of
reviewed by the courts except through a Special the unclassified lands of the public domain are
Civil Action for Certiorari or Prohibition.

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needed for forest purposes and declare them as existing titles or approved by public land applications, or
permanent forest to form part of the forest actually occupied by prescription where the occupant is
reserves. He shall decree those classified not qualified for free patent.
needed for forest purposes as alienable and
disposable lands, the administrative jurisdiction Areas needed for forest purposes:
and management of which shall be transferred to
a. Areas less than 250 hectares which are far
the LMB. Mangrove and other swamps not
from, or are not contiguous with any
needed for shore protection and suitable for
certified A&D land;
fishpond purposes shall be released to and place
b. Isolated patches of forest of at least 5
under the jurisdiction of Bureau of Fisheries and
hectares with rocky terrain, or which
Aquatic Resources.
protect a spring for communal use;
* Forest lands which have been subject of pasture c. Areas which have already been reforested;
leases and permits shall remain classified as forest d. Ares within forest concessions which are
lands until classified as grazing lands. The timbered or have good residual stocking
administration of grazing lands shall remain under to support an existing, or approved to be
the Bureau of Forestry. established, wood processing plant;
e. Ridge tops and plateaus regardless of size
Forest in the context of Public Land Act does found within, or surrounded wholly or
not necessarily refer to a large tract of wooded partly by, forestlands where headwaters
land or an expanse coverage by dense growth of emanate;
trees and underbrush. f. Appropriately located road-rights-of-way;
g. 20 meters strips of land along the edge of
In Amunategui v. Dir. of Forestry, A forested area the normal high waterline of rivers and
classified as forest land of the public domain does streams with channels of at least 5 meters
not lose such classification simply because loggers wide;
or settlers may have stripped it of its forest cover. h. Strips of mangrove or swamplands at least
The classification is descriptive of its legal nature 20 meters wide, along shorelines facing
or status and does not have to be descriptive of oceans, lakes and other bodies of water,
what the land actually looks like. and strips of land at least 20 meters wide
facing lakes;
Indigenous Peoples Rights Act (IPRA) RA
i. Areas needed for other purposes, such as
No. 8371 expressly converts ancestral lands into
national parks, national historical sites,
public agricultural land which may be disposed by
game refuges and wildlife sanctuaries,
the State. Hence, there is no need to secure a
forest station sites, and others of public
separate certification that the ancestral land is
interest; and
A&D in character, it being sufficient to show that
j. Areas previously proclaimed by the
the land is duly identified, delimited, and certified
President as forest reserves, national
as such.
parks, game refuge, bird sanctuaries,
Topography national shrines, national historic sites.

No land of the public domain 18% in slope or In case an area falling under any of the
over shall be classified as A&D, foregoing shall have been titled in favor of
any person, steps shall be taken, if public
nor Forest land 50% in slope or over, as grazing interest so requires, to have said title cancelled
land. or amended, or the titled area expropriated.
Lands 18% in slope or over which declared as * Mangrove swamps are under the category of
A&D shall be reverted to the classification of forest lands.
forest lands by the DENR Secretary, to form part
of the forest reserves unless they already covered by * Forest lands are not registrable.

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* The DENR Secretary may reserve and establish protection of that right for the generations to
any portion of the public forest or forest reserve come.
as site or experimental forest for use of the Forest
Research Institute. * A timber license is not a contract but a mere
privilege which does not create irrevocable rights.
* When public interest so requires, any off-shore
area needed for the preservation and protection * A Presidential Warranty cannot be considered a
of its education, scientific, historical, ecological contract distinct from a TLA or an Integrated
and recreational values including the marine life Forest Management Agreement (IFMA). The
found therein, shall be established as marine warranty covers only the right to cut, collect, and
parks. remove timber in a concession area, and does not
extend to the utilization of other resources, such
* In International Hardwook and Veneer Co. v. UP as mineral resources, occurring within the
wherein the President reserved to UP a parcel of concession.
land for experiment x x x part of which is under
timber land licensed to the petitioner, the court * The duration of license agreement shall be fixed
held that Republic has ceded and transferred the and determined in accordance with the annual
property to UP and made UP the absolute owner allowable cut therein, the established cutting cycle
thereof, subject only to the existing concession, thereof, the yield capacity of harvestable timber,
referring to timber license of the petitioner. and the capacity of healthy residuals for a second
Hence, the area in question having been, in effect, growth. The privilege shall automatically
converted into a registered private woodland, the terminate, even before the expiration of the
authority and jurisdiction of the Bureau of license agreement the moment the harvestable
Forestry over it were likewise terminated. timber have been utilized without leaving any
However, the petitioner as licensee may continue logged-over area capable of commercial
to cut, collect, and remove timber from the area utilization. The maximum period of privilege is
ceded and transferred to UP until its concession 25yrs , renewable for not exceeding 25 yrs. The
expires, but the forest charges or royalties shall licensee shall reforest the areas which shall be
now be paid to UP. determined by the Bureau. The size of the forest
land for utilization shall be limited to that which a
* Critical watershed and national parks shall not person may effectively utilize and develop for a
be subject to logging operations. period of 50yrs.
Principle Inter-generational responsibility Industrial tree plantation and tree farms
and Inter-generational justice
lease of 25 yrs renewable not exceeding 25 yrs
Sec. 16, Art. II of the Constitution x x x
may be granted by DENR upon recommendation
The State shall protect and advance the right of of Director
the people to a balanced and healthful ecology in
accord with the rhythm and harmony of nature. any person qualified to develop and exploit
natural resources over timber or forestland x x x
- The right to a balanced and healthful ecology
carries with it the correlative duty to refrain from minimum area of 1k hectares for industrial tree
impairing the environment. x x x Every plantation; and 100 hectares for tree farm.
generation has a responsibility to the next to
*no lease shall be granted within critical
preserve that rhythm and harmony for the full
watersheds.
enjoyment of a balanced and healthful ecology.
The minor’s assertion of their right to a sound *DENR Secretary by himself or thru Director or
environment constitutes, at the same time, the any qualified representative may investigate,
performance of their obligation to ensure the inspect and examine records, books and other

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 NatRes 17
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documents relating to the operation of any holder Criminal Offenses and Penalties
of a license agreement, license, lease or permit, ad
its subsidiary or affiliated companies, to determine Conveyance – any mode or type or class of
compliance with the terms and conditions vehicle or craft or any other means used for
thereof, the Revised Forestry Code and other transportation either on land, water, air, or any
pertinent laws and regulations. combination thereof, whether motorized or not,
used for or in taking and/ or maintaining
* When in the performance of their official duties, temporary or permanent possession or control,
forest officers or other government officials or gathering, collecting, processing, disposing of, or
employees duly authorized by the Sec. or Dir. otherwise transporting, moving or transferring
shall have free entry into areas covered by a illegal forest products.
license agreement, license, lease or permit. They
are authorize to administer oath, take Forest products – refers to timber including
acknowledgment in official matters connected lumber, pulpwood, firewood, bark, treetop, resin,
with the functions of their office, and to take gum, wood, oil, honey, beeswax, nipa, rattan,
testimony in official investigations conducted charcoal, or other forest growth, such as but not
under the authority of the Code and the IRR. limited to grass, shrub, flowering plants in forest
lands and others.
* Mineral reservations which are not the subject
of mining operations or where operations have Illegal forest products – means any forest
been suspended for more than 5 yrs shall be product(s) that are removed, cut, collected,
placed under forest management by the Bureau. processed and/or transported:
Mineral reservations where mining operations
a. without the requisite authorization or
have been terminated due to the exhaustion of its
permit; or
minerals shall revert to the category of forestland,
b. with incomplete supporting
unless otherwise reserved for other purposes.
documents;
* Wildlife may be destroyed, killed, consumed, c. with genuine authorizations or permits
eaten or otherwise disposed of, without the but whose validity; or
necessity of permit, for the protection of life, d. with spurious authorizations, permits
health, safety and property, and the convenience and/ or supporting documents.
of the people. However, the Director may regulate the
Sec. 68, PD No. 705 as amended. x x x
killing and destruction of wildlife in forestlands in order to
maintain an ecological balance of flora and fauna. - any person
- who shall cut, gather, collect, removed
* The privilege to utilize forestlands shall be
timber or other forest products from any
diffuse to as many qualified and deserving
forest land, or timber
applicants as possible. Increased Filipino equity
from A&D public land or Private land
and participation beyond 60% constitutional
without authority; or
limitation is encouraged. The applicant with more
- possess timber or other forest products
Filipino equity and participation shall be
without legal documents required under
preferred.
Forest Laws and Regulations
* The DENR Secretary is authorized to negotiate - shall be punished with
and enter into, for and in behalf of the penalties imposed under Art. 309 & 310
government, joint venture, co-production, or or RPC
production-sharing agreement for the - in the case of partnerships,
development and utilization of forest lands associations, or corporations, the
and/or forest resources with any Filipino Citizen, officers who ordered x x x shall be liable
or corporation, or association, at least 60% of if such officers are aliens, they shall, in
whose capital is owned by Filipino citizens. addition to the penalty, be deported

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 NatRes 18
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without further proceedings on the part of defense: may be legal if the is an authorization
Commission on Immigration and issued by DENR.
Deportation.
- the court (RTC) shall further order the * lumber is included in the term timber. It is a
confiscation in favor of the government, processed log or forest raw material.
of the timber or any forest products cut,
b. Unlawful occupation or destruction of
gathered, collected, removed, or possessed
forest lands
as well as the machinery, equipment,
implements, and tools illegally used in the - any person
area where the timber or forest products - who enters and occupies or possesses,
are found. or makes kaingin for his own private use
- the Department Head or his duly or for others
authorized representative may order the - any forest land without authority under
confiscation of any forest products a license agreement, lease, license or
illegally cut, gathered, removed or permit,
possessed or abandoned, and all - or in any manner destroys such forest
conveyances used either by land, water land or part thereof, or causes any damage
or air in the commission of the offense to the timber stand and other products
and to dispose of the same in accordance and forest growths found therein,
with pertinent laws, regulations or policies - or who assists, aids or abets any other
on the matter. person to do so,
- a reward to informant shall be given, in - or sets fire or negligently permits a fire
the amount of 20% of the proceeds of the to be set in any forest land,
confiscated forest products. - shall, upon conviction, be fined for
Php 500.00 to 20,000.00 AND
a. Cutting, gathering and/ or collecting
imprisonment for 6 mos to 2 yrs for
timber or other products without license.
each offense AND be liable to the
Offenses Defense payment 10x the rental fees and other
Cutting, gathering, May be legal if there is charges which would have been accrued
collecting and removing an authorization issued had the occupation and use of the land
timber or other forest by DENR. been authorized under a license
products from any agreement, lease, license or permit.
forest land, or timber - in the case of guilty of kaingin, the
from alienable or penalty shall be imprisonment for 2 to 4
disposable public land, yrs AND a fine equal to 8x the regular
or from private land forest charges due on the forest
without any authority products destroyed, without prejudice
Possession of timber or Since mala prohibitum, to the payment of the full cost of
other forest products mere possession of restoration of the occupied area as
without the legal forest products determined by the Bureau.
documents required consummates the - the court shall order the eviction of
under existing forest crime. However, the the offender from the land, and the
law and regulations prosecution must prove forfeiture to the government of all
that petitioners had the improvements made and all vehicles,
intent to possess (actual domestic animals and equipment of any
and constructive kind used in the commission of the
possession) (animus offense.
possidendi) the timber. If not suitable for use by the Bureau,
said vehicles shall be sold in public

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 NatRes 19
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auction, the proceeds of which shall restore or compensate for the

accrue to the Development of Fund of restoration of the damage if the area
the Bureau. requires rehabilitation or restoration as
- In case the offender is a Government determined by the Director.
Official or Employee, he shall, in - the court shall order the eviction of the
addition to the above penalties, be offender from the land and the forfeiture
deemed automatically dismissed from in favor of the government of all timber
the office and permanently disqualified or any species of vegetation and other
from holding any elective or natural resources collected or removed,
appointive position. and nay construction or improvement
made thereon by the offender.
c. Pasturing Livestock - if the offender is an Association or
Corporation, the president or manager
- any person
shall be directly responsible and liable for
- who shall, without authority under a
the act of his employees or laborers.
lease or permit, graze or cause to graze
livestock in forest lands, grazing lands and e. Survey by unauthorized persons
A&D lands which have not as yet been
disposed of in accordance with the PLA. - any person
- shall be imprisoned for 6 mos to 2 yrs - who shall, without permit to survey from
& a fine equal to 10x the regular the Director,
rentals due, in addition to the enter any forest lands(whether covered by
confiscation of such livestock and all a license agreement, lease, license, or
improvement introduced in the area in permit, or not) and conduct or undertake
favor of the government. a survey for whatever purpose
- in case the offender is a Corporation, - shall be imposed of imprisonment for 2
Partnership or Association, the officers to 4 yrs, in addition to the confiscation
and directors thereof shall be liable. of the implements used, and the
cancellation of license.
d. Illegal occupation of national parks system
and recreation areas and vandalism therein. f. Misclassification and survey by government
official or employee
- any person
- who shall, without permit, occupy for - any public officer or employee
any length of time any portion of the - who knowingly surveys, classifies or
national parks system recommends the release of forest lands as
- or shall in any manner, cut, destroy, A&D contrary to the criteria and
damage or remove timber or any species standards established in the Code, or
of vegetation or forest cover and other Rules and Regulations promulgated
natural resources found therein, thereunder,
- or shall mutilate, deface or destroy - shall, after an appropriate administrative
objects of natural beauty or of scenic proceeding, be dismissed from the
value within areas in the national parks service with prejudice to re-
system, employment, and upon conviction by a
- or any person who, without proper court of competent jurisdiction, be
permit, shall hunt, capture or kill any kind imprisoned for not less than 1 yr AND
of bird, fish or wild animal life within any a fine of Php 1,000.00. The survey,
area in the National Parks system, classification or release of forestlands
- shall be fined from 200.00 to 500.00 shall be null and void.
exclusive of the value of the thing
damaged. He shall also be required to Arrest; institution of criminal action

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 NatRes 20
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- A forest officer or employee of the In Mamanteo v. Deputy Sheriff Magumun , the court
Bureau held that property impounded by DENR agents
- shall arrest even without warrant in the lawful exercise of their authority is deemed
- any person who has committed or is in custodia legis. The sheriff could not insist on
committing in his presence any of the seizing the property already subject of a prior
offenses define in the Code. warrant of seizure. The appropriate action should
- he shall seize and confiscate, in favor be for the sheriff to inform the trial court f the
of the Government, the tools and situation by way of partial sheriff’s return, and
equipment used in committing the wait for the judge’s instructions on the proper
offense, and the forest products cut, procedure to be observed. A suit against public
gathered or taken by the offender in the officers acting within the scope of their authority,
process of committing the offense. is a suit against the State which cannot prosper
- the arresting officer or employee shall without its consent.
thereafter deliver within 6hrs from the
time of arrest and seizure, the offender
and the confiscated forest products x x
x & file the proper complaint with, the
appropriate official designated by law to
conduct preliminary investigations and file
information in court.
- if the arrest and seizure are made in
the forests, far from the authorities
designated by law to conduct PI, the
delivery to and filing of the complaint,
shall be done within reasonable time
sufficient for ordinary travel form the
place of arrest to the place of delivery.
- the seized products xxx shall be
immediately disposed of in accordance
with forestry administrative orders
promulgated by the DENR Secretary.
- The Secretary may deputize any member
or unit of police agencies, barrio officials,
or any qualified person to protect the
forest and exercise the power or authority
provided by law.
- Reports and complaints regarding the
commission of the offense shall be
immediately investigated. The
investigation is administrative in nature
and is not governed by the rules on
CrimPro.
Forest products confiscated upon authority of
the DENR Secretary is beyond the reach of
replevin – property lawfully taken by virtue of
legal process is deemed to be in custodia legis and
is beyond the reach of replevin.

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CHAPTER IX d. all Phil. flagged fishing vessels operating

in areas governed by a Regional Fisheries
PHILIPPINE FISHERIES CODE OF 1998 Management Organization (RFMO), in
(RA No. 8550, as amended by RA No. 10654) the high seas, or in waters of other coastal
states.
Preliminary
Internal waters – all waters (part of the sea,
- RA No. 8550 was enacted on 2/17/1998 and
rivers, lakes, etc.) landwards from the baseline of
amended by RA No. 10654 which was enacted on
the territory.
2/27/2015. The amendment provides for
Prohibitions and Penalties, Administrative - Sovereignty over these waters is the same in
Adjudication, and empowered the DENR to extent as sovereignty over land, and it is not
impose the administrative fines and penalties subject to the right of innocent passage.
provided in the Code.
- Under the Constitution, it includes the waters
- provides for the development and conservation around, between, and connecting the islands of
of the fisheries and aquatic resources and the archipelago. (considered as Archipelagic
integrating all laws pertinent thereto. waters)
The State shall ensure the attainment of the Territorial sea – a belt of sea outwards from the
following objectives of fishery sector: baseline up to 12 nautical miles beyond.
1. Conservation, protection and sustained - the sovereignty of the coastal state over its
management of the country’s fishery and territorial sea as well as the seabed under is the
aquatic resources; same as its sovereignty over its land territory.
2. Poverty alleviation and the provision of
supplementary livelihood among - beyond the territorial sea, the waters are high
municipal fisherfolk; seas and are not subject to the sovereignty of the
3. Improvement of productivity of coastal state.
aquaculture within ecological limits;
4. Optimal utilization of offshore and deep- - Archipelagic states like Phils. drawn “straight
sea resources; and baselines” instead of following the curvatures of
5. Upgrading of post-harvest technology. the coast. Straight baseline are drawn
connecting selectedpoints on the coast without
Application of law appreciable departure from the general shape of
the coast.
The Code shall be enforced in:
Contiguous zone – an area of water not
a. all Philippine waters including other exceeding 24nautical miles from the baseline.
waters over which the Phils has
sovereignty and jurisdiction, and the - the coastal state exercise authority over that area
country’s 200-nautical mile EEZ and to the extent necessary to prevent infringement of
continental shelf; its customs, fiscal, immigration or sanitation
b. all aquatic and fishery resources whether authority over its territorial waters or territory.
inland, coastal or offshore fishing areas,
including but not limited to fishponds, Exclusive Economic Zone (EEZ) – an area
fishpens/cages; extending not more than 200 nautical miles
c. all lands devoted to aquaculture, or beyond the baseline.
businesses and activities relating to
- the coastal has rights over the economic
fishery, whether private or public lands;
resources of the sea, seabed and subsoil – but the
and

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 NatRes 22
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right does not affect the right of navigation and exclusive economic zone, and reserve its use and
overflight of other states. enjoyment exclusively to Filipino citizens.
- under International law, the provisions on the The Congress may, by law, allow small scale
EZZ are both a grant of rights to and an utilization of natural resources by Filipino
imposition of obligations on coastal states relative citizens, as well as cooperative fish farming, with
to the exploitation, management and preservation priority to subsistence fishermen and fish workers
of the resources found within the zone. in rivers, lakes, bays and lagoons.”
Continental shelf, archipelagic or insular shelf * RA No. 8550
for archipelagos refer to:
- provides that the use and exploitation of the
a. the seabed and subsoil of the submarine areas fishery and aquatic resources in Phil. waters shall
adjacent to the coastal state but outside the be reserved exclusively to Filipinos. Research and
territorial sea, to a depth of 200 meters or beyond survey activities may be allowed under strict
that limit, to where the depth allows exploitation; regulations, for purely research, scientific,
and technological and educational purposes that
would also benefit Filipino citizens.
b. the seabed and subsoil of areas adjacent to
islands. United Nations Convention on the Law of the
Sea (UNCLOS) mandates States to protect
The coastal state has the right to explore and and preserve the marine environment
exploit its natural resources, to erect installations
needed, and to erect installations needed, and to Art. 192. x x x “States have the obligation to
erect a safety zone over its installations with a protect and preserve the marine environment.”
radius of 500 meters. It also has the exclusive
right to construct and to authorize and regulate - was emphasized by the Hague-based Permanent
the construction, operation, and use of artificial Court of Arbitration on its ruling in Phils.
islands and certain other installations. compulsory arbitration petition against China,
wherein it considered the effect on the marine
Obligations of coastal states environment of China’s large-scale land
reclamation and construction of artificial islands
1. Must ensure through proper conservation and at 7 features in the Spratly Islands and found that
management measures that the living resources of China had caused severe harm to the coral reef x
the EEZ are not subjected to over-exploitation. x x.
- This includes the duty to maintain and restore Art. 194. x x x obligates State parties to take all
populations of harvested fisheries at levels which measures necessary to ensure that activities under
produce a “maximum sustainable yield” (MSY). their jurisdiction or will not cause damage by
pollution to other States and their environment,
2. Must promote the objective of “optimum
and adopt other measures necessary to protect
utilization” of the living resources. They should
and preserve rare or fragile ecosystems as well as
determine the allowable catch of living resources.
the habitat of depleted, threatened or endangered
If the coastal state does not have the capacity to
species and other forms of marine life.”
harvest the allowable catch, it must grant access to
other states. Philippine archipelagic baselines law not
unconstitutional
Use of Philippine Waters
RA No. 9522 defines the archipelagic baselines of
* Sec. 2, Art. XII of the Constitution x x x
the Phils.
“The State shall protect the nation’s marine
wealth in its archipelagic water, territorial sea and

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- it is consistent with the Constitution as the e. Fishing with the use of prohibited gear or
Court held that: methods;
f. Falsifying, concealing or tampering with
“baselines laws such as RA No. 9522 are enacted vessel markings, identity or registration to
by UNCLOS III States parties to mark-out conceal vessel identity or lack of
specific basepoints along their coasts from which registration;
baselines are drawn, either straight or contoured, g. Concealing, tampering or disposing of
to serve as geographic starting points to measure evidence relating to an investigation of a
the breadth of the maritime zones and continental violation;
shelf. h. Assaulting, resisting, intimidating,
harassing, seriously interfering with, or
Thus, baselines laws are nothing but statutory
unduly obstructing or delaying a fisheries
mechanisms for UNCLOS III States parties to
law enforcer, authorized inspector or
delimit with precision the extent of their maritime
observer or other duly authorized
zones and continental shelves. In turn, this gives
government officer;
notice to the rest of the international community
i. intentionally tampering with or disabling
of the scope of the maritime space and submarine
the vessel monitoring system; and
areas within which States parties exercise treaty-
j. committing multiple violations which
based rights such as: the exercise of sovereignty
taken together constitute a serious
over territorial waters; jurisdiction to enforce
disregard of this Code.
customs, fiscal, immigration and sanitation laws in
the contiguous zone; and the right to exploit the unregulated fishing – refers to fishing activities
living and non-living resources in the EEZ and conducted by:
continental shelf.”
a. Vessels without nationality but operated
- UNCLOS III and its ancillary baselines laws by Filipino and/or Filipino corporation;
have no role in the acquisition, enlargement or b. Philippine flagged fishing vessels
diminution of territory. Under traditional operating in areas managed by RFMOsto
international law typology, States acquire or lose which the Philippines is not a party to;or
territory through occupation, accretion, cession c. Phil. flagged fishing vessels operating in
and prescription, and not by executing multilateral areas or fish stocks where there are no
treaties on the regulations of sea-use rights x x x. applicable conservation and management
measures.
- territorial claims to land features are outside
UNCLOS III, and are governed by the rules on Organizational Structure
general international law.
Department of Agriculture (DA) – is the
/* some definition of terms are found in the government agency responsible for the promotion
book*/ of agricultural development by providing the
policy framework, public investments, and
Serious violation – means any of the following
support services needed for domestic and export-
violation of the provisions of the Code:
oriented business enterprises.
a. Fishing without a valid license,
Powers and functions of DA:
authorization or permit;
b. Fishing without reporting the catch or a. provide integrated services to farmers,
misreporting the catch; fishermen, and other food producers on
c. Fishing in a closed area or during a closed production, utilization, conservation and
season; disposition of agricultural and fishery
d. Fishing of prohibited species; resources;

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b. promulgate and enforce all laws, rules and a closed season in any or all Phil. waters outside
regulations governing the conservation the boundary of municipal waters and in bays;
and proper utilization of agricultural and
fishery resources; for conservation and ecological purposes.
c. conduct, coordinate, and disseminate
- The Secretary may include waters under the
research studies on appropriate
jurisdiction of special agencies, municipal waters
technologies for the improvement and
and bays, and/or other areas reserved for the use
development of agricultural crops,
of the municipal fisherfolk in the area to be
fisheries, and other allied commodities;
covered by the closed season. This shall be done
d. provide the mechanism for the
only upon the concurrence and approval or
participation of farmers, fishermen, and
recommendation of such special agency and
entrepreneurs at all levels of policy-
the concerned LGU and FARMC.
making, planning and program
formulation. In municipal waters, fisheries management
areas and other areas reserved for the use of
Access to fishery resources
the municipal fisherfolk: closed season may be
- DA shall issue licenses and permits for the established by the concerned LGU in consultation
conduct of fishery activities subject to the limits with the FARMC for concervation or ecological
of the maximum sustainable yield (MSY) of the purposes.
resource as determined by scientific studies or
FARMC may also recommend the establishment
best available evidence. Preference shall be given
of closed seasons in municipal waters, fisheries
to resource users in the local communities
management and other areas reserved for the use
adjacent or nearest to the municipal waters.
of the municipal fisherfolk.
catch ceiling - DA Secretary may prescribe
Bureau of Fisheries and Aquatic Resources
limitations or quota on the total quantity of fish
(BFAR) is a line bureau under the DA.
captured, for a specified period of time and
specified area based on the best available BFAR functions:
evidence.
a. prepare and implement a Comprehensive
- may be imposed per species of fish whenever National Fisheries Industry Development
necessary and practicable. Plan;
b. issue licenses for the operation of
Provided, however, that in municipal waters and
commercial fishing vessels;
fishery management areas, and waters under the
c. issue identification cards free of charge to
jurisdiction of special agencies, catch ceiling may
fishworkers engaged in commercial
be established upon the concurrence and approval
fishing;
or recommendation of such special agency and
d. monitor and review joint fishing
the concerned LGU in consultation with the
agreements between Filipino citizens and
Fisheries and Aquatic Resources Management
foreigners who conduct fishing activities
Councils (FARMC) for conservation or ecological
in international waters, and ensure that
purposes.
such agreements are not contrary to Phil.
Establishment of closed season commitment under international treaties
and convention on fishing in the high
- the Secretary may declare through public notice seas;
in at least 2 newspapers of general circulation or e. formulate and implement a
in public service announcement, whichever is Comprehensive Fishery Research and
applicable; Development Program, such as, but not
limited to sea farming, sea ranching,
at least 5 days before the declaration;

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tropical/ ornamental fish and seaweed development, protection, utilization, and

culture, aimed at increasing resource disposition of all fish and fishery/aquatic
productivity, improving resource use resources within their respective municipal waters.
efficiency, and ensuring the long-term
sustainability of the country’s fishery and - in consultation with FARMC, may enact
aquatic resources; appropriate ordinances for this purpose and in
f. establish and maintain a Comprehensive accordance with the National Fisheries Policy.
Fishery Information System; The Ordinances enacted shall be reviewed
g. provide extensive development support pursuant to Local Government Code by the
services in all aspects of fisheries Sanggunian of the province which has jurisdiction
production, processing and marketing; over the same. LGU shall also enforce all fishery
h. provide advisory services and technical laws, rules and regulations as well as valid fishery
assistance on the improvement of quality ordinances enacted by municipal/city council.
of fish from the time it is caught (i.e., on
* management of contiguous fishery resources
board fishing vessel, at landing areas, fish
such as bays which straddle several municipalities,
markets, to the processing plants and to
cities or provinces: shall be done in an integrated
the distribution and marketing chain);
manner in order to facilitate their management as
i. coordinate efforts relating to fishery
single resource system.
production undertaken by the primary
fishery producers, LGUs, FARMCs, The LGU which share or border such resources
fishery and organizations/ cooperatives; may group themselves and coordinate with each
j. advise and coordinate with LGUs on the other to achieve the objectives of integrated
maintenance of proper sanitation and fishery resource management.
hygienic practices in fish markets and fish
landing areas; x x x The FARMCs shall serve as the venues for close
collaboration among LGUs in the management of
/*more enumerations in the book*/ contiguous resources.
Composition of BFAR Grant of fishing privileges in municipal
waters
BFAR is:
- the duly registered fisherfolk
- headed by a Director: supervise the
organizations/cooperatives shall have preference
Adminsitrative.
in the grant of fishery rights by the municipal/city
- assisted by 2 Assistant Directors: supervise the council.
technical services.
- in areas where there are special agencies or
- shall establish regional, provincial and municipal offices vested with jurisdiction over municipal
offices as may be appropriate and necessary to waters by virtue of special laws, such as Laguna
carry out effectively and efficiently the provisions Lake Development Authority (LLDA) and
of the Fisheries Code. Palawan Council for Sustainable Development,
said offices and agencies shall continue to grant
Municipal Fisheries permits x x x .
Jurisdiction of municipal/city governments LLDA – created to promote accelerate the
development and balanced growth of the Laguna
- shall have jurisdiction over municipal waters as Lake area and the surrounding provinces, cities
defined in the Code. and towns (referred to as region), and to carry out
the development of the Laguna Lake region with
- in consultation with the FARMC, shall be
due regard and adequate provisions for
responsible for the management, conservation,
environmental management and control,

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preservation of the quality of human life and permits for fishpens, fishcages and other
ecological systems, and the prevention of undue aquaculture structures is to effectively regulate
ecological disturbances, deterioration and and monitor activities in the Laguna de Bay
pollution. Region and for lake quality control and
management. The charter of LLDA embodies a
Laguna de Bay Region refers to the provinces police power and should prevail over the power
of Rizal and Laguna; cities of San Pablo, Pasay, of the LGC. The power of the LGU to issue
Caloocan, Quezon, Manila and Tagaytay; townsof fishing privileges was granted for revenue
Tanauan, Sto. Tomas and Malvar in Batangas; purposes.
Silang and Carmona in Cavite; Lucban, Quezon;
Marikina, Pasig, Taguig, Muntinlupa, and Pateros. Users of municipal waters
in Laguna Development Authority v. CA - all fishery related activities in municipal waters
shall be utilized by municipal fisherfolk and their
ISSUE: which agency should exercise jurisdiction cooperatives/organizations who are registered.
over the Laguna Lake and its environs insofar as
the issuance of permit for fishery is concerned? - the Local Chief Executive through Ordinance,
may authorize/permit small and medium
HELD: commercial fishing vessels to operate within the
10.1 to 15km area from shoreline in municipal
RA No. 7160 (Sec. RA No. 4850 (Section
waters, provided the ff. are met:
149(a)) 4(k)) as amended by
PD No. 813 a. no commercial fishing in municipal
Municipalities shall LLDA shall have waters with depth less than 7 fathoms as
have the exclusive exclusive jurisdiction to certified by the appropriate agency;
authority to grant issue new permit for
fishery privileges in the the use of the lake b. fishing activities utilizing methods and
municipal waters and waters for any projects gears that are determined to be consistent
impose rentals, fees or or activities in or with national policies set by the DA;
charges therefor. affecting the said lake
including navigation, c. prior consultation, through public
construction, and hearing, with the M/CFARMC has been
operation of fishpens, conducted; and
fish enclosures, fish d. the applicant vessel as well as the
corrals and the like, and shipowner, employer, captain and crew
to impose necessary have been certified by the appropriate
safeguards for lake agency as not having violated the Code,
quality control and environmental laws and related laws.
management and to
collect necessary fees - no authorization/permit shall be granted for
for said activities and fishing in bays as determined by the DA to be in
projects. an environmentally critical condition and during
- may determine new closed season.
areas of fishery
development/activities Registry of municipal fisherfolk
which it may place
under BFAR x x x. - LGU shall maintain a registry of municipal
fisherfolk, for the purpose of determining
priorities among them, of limiting entry into the
The Court held that RA No. 7160 did not repeal municipal waters, and monitoring fishing activities
RA No. 4850. The power of LLDA to grant and/or other related purposes.

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- the FARMC shall submit to the LGU the list of harvest of fish as measured by existing price levels
priorities for its consideration. is barely sufficient to yield a profit or cover the
cost of gathering the fish.
Priority of resident municipal fisherfolk
subsistence fisherman – one whose catch yields
- resident municipal fisherfolk of the municipality but the irreducible minimum for his livelihood.
concerned and their organizations/cooperatives
shall have priority to exploit municipal and Sec.2, Art. XII of Constitution aims primarily not
demarcated fishery areas of the said municipality. to bestow any right to subsistence fishermen, but
However, whenever it is determined by the LGUs and the to lay stress on the duty of the State to protect the
DA that a municipal water is overfished and that there is nation’s marine wealth. What the provision
a need to regenerate the fishery resources in that water, the merely recognizes is that the State may allow, by
LGU shall prohibit or limit fishery activities in the said law, cooperative fish farming, with priority to
waters. subsistence fishermen and fishworkers in rivers,
lakes, bays and lagoons.
“Preferential right” of subsistence or
marginal fishermen to the use of water Sec. 7, Art. XIII of Constitution speaks not only
resources not absolute. of the use of communal marine and fishing
resources, but of their protection, development
in Tano v. Socrates and conservation.
Ordinances were passed which prohibits the The Ordinances in question are meant to protect
catching, gathering, possessing, buying, selling and and conserve our marine resources to the end that
shipment of live fish and lobsters for five years; their enjoyment may be guaranteed for the
and which makes it unlawful for any person/ present and next generations.
business enterprise/company to ship out from
Puerto Princesa City to any point of destinations the preferential right of subsistence or marginal
either via aircraft/ seacraft of any live fish and fishermen to the use of marine resources is not all
lobster except sea bass, catfish, mudfish and absolute. In accordance with the Regalian
milkfish fries. Doctrine, marine resources belong to the State,
and pursuant to the first paragraph of Sec. 2, Art.
Petitioners claim that said ordinances were XII of the Constitution, their “exploration,
unconstitutional. development and utilization…shall be under the
full control and supervision of the State.”
ISSUE; WON the ordinances are valid?
Moreover, their mandated protection,
HELD: Yes. development and conservation imply certain
restrictions on whatever right of employment
The same are police power measures, enacted by there may be in favor of anyone.
the Province of Palawan and the City of Puerto
Princesa, pursuant to the LGC which makes it in Commercial Fisheries
fact their duty to enact measures to protect the
Commercial fishing vessel license and other
environment and impose appropriate penalties for
licenses.
acts which endanger the environment, such as
dynamite fishing and other forms of destructive - No person shall operate a commercial fishing
fishing. vessel, pearl fishing vessel or fishing vessel for
scientific, research or educational purpose, or
The Court noted that the petitioners do not
engage in any fishery activity, or seek employment
qualify as subsistence or marginal fisherman.
as a fishworker or pearl diver without first
marginal fisherman – an individual engaged in securing license from the DA, the period of
fishing whose margin of return or reward in his which shall be prescribed by the DA.

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exception: - the commercial fishing vessel license shall be

valid for a period to be determined by the DA.
no such license shall be required of a fishing
vessel engaged in scientific, research or Fishing by Phil. commercial fishing fleet in
educational purposes within Philippine waters international waters.
pursuant to an international agreement of which
the Phils. is a signatory and which agreement - Fishing vessels of Phil. registry may operate in
defines the status, privileges and obligations of international waters or waters of other countries
said vessel and its crew and the non-Filipino which allow such fishing operations,
officials of the international agency under which
but they should
said vessel operates.
a. comply with the safety, manning and other
- members of the crew of a fishing vessel used for
requirements of the Phil. Coast Guard, Maritime
commercial fishing except the duly licensed
Industry Authority and other agencies concerned.
and/or authorized patrons, marine engineers,
radio operators and cooks, shall be considered as b. secure an international fishing permit and
fisherfolk. certificate of clearanc3e from the DA.
- all skippers/master fishers shall be required to - The fish caught by such vessels shall be
undertake an orientation training on detection of considered as caught in Phil. waters and therefore
fish caught by illegal means before they can be not subject to import duties and taxes but only
issued their fisherworker licenses. when the same is landed in duly designated fish
landings and fish ports in the Phils.
- large commercial fishing vessels license shall
allow the licensee to operate only in Philippin Aquaculture
waters 7/more fathoms deep, the depth to be
certified bythe NAMRIA, and subject to the Disposition of public lands for fishery
conditions that may be imposed and to the rules purposes.
and regulations that may be promulgated by the
DA. - public lands such as tidal swamps, mangroves,
marshes, foreshore lands and ponds suitable for
Persons eligible for commercial fishing vessel fishery operations shall not be disposed or
license. alienated.

- citizens of the Philippines, partnerships, - Fishpon lease agreement (FLA) may be issued
associations, cooperatives, corporations duly for public lands that may be declared available for
registered in the Phils. at least 60% of the capital fishpond development primarily to qualified
stock owned by Filipino citizens. fisherfolk cooperatives/associations.

- no person to whom license has been issued shall - upon expiration of existing FLA, the current
sell, transfer, or assign, directly or indirectly, his lessees shall be given priority and entitled to an
stock or interest therein to any person not extension of 25 years in the utilization of their
qualified to hold a license. respective lease areas. Thereafter, such FLA shall
be granted to any Filipino citizen with preference,
any such transfer, sale or assignment shall be null primarily to qualified fisherfolk
and void and shall not be registered in the books cooperatives/associations as well as small and
of the association, cooperative or corporation. medium enterprises as defined under RA No.
8289.
- for purposes of commercial fishing, fishing
vessels owned by the aforementioned must secure - the DA shall declare as reservation portions of
certificates of Phil. registry and such other available public lands certified as suitable for
documents as are necessary for fishing operations.

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fishpond purposes for fish sanctuary, settling ponds, reservoirs, etc. Failure to
conservation, and ecological purposes. comply with this requirement shall result
in the cancellation of the FLA.
- no fish pens, fish cages or fish traps shall be
allowed in lakes. Code of practice of aquaculture.
Lease of fishponds. The DA shall establish a code of practice for
aquaculture that:
Fishponds leased to qualified persons and
fisherfolk organizations/cooperatives shall be - will outline general principles and guidelines for
subject to the following conditions: environmentally sound design and operation to
promote the sustainable development of the
a. Areas leased for fishpond purposes shall industry.
be no more than 50 hectares for
individuals and 250 hectares for - shall be developed through a consultative
corporations or fisherfolk organizations; process with the DENR, the fishworkers, FLA
b. The lease shall be for a period of 25yrs holders, fishpond owners, fisherfolk cooperatives,
and renewable for another 25yrs. In case small-scale operators, research institutions and
of the death of the lessee, his spouse academe, and other potential stakeholders.
and/or children, as his heirs, shall have
preemptive rights to the unexpired term - The DA may consult with specialized
of his FLA; international organizations in the formulation of
c. Lease rates for fishpond areas shall be the code of practice.
determined by the DA. All fees collected
Reversion of all abandoned, undeveloped or
shall be remitted to the National Fisheries
underutilized fishponds.
Research and Development Institute and
other qualified research institutions to be The DENR, DA, LGUs, other concerned
used for aquaculture research agencies and FARMCs shall determine which
development; abandoned, underdeveloped or underutilized
d. The area leased shall be developed and fishponds covered by FLAs can be reverted to
producing on a commercial scale within 3 their original mangrove state.
yrs from the approval of the lease
contract, but areas not fully producing Absentee fishpond lease agreement holders.
within 5 yrs from the date of approval of
the lease contract shall automatically - holders of fishpond lease agreements who have
revert to the public domain for acquired citizenship in another country during the
reforestation; existence of the FLA shall result in the automatic
e. The fishpond shall not be subleased, in cancellation thereof and the improvements
whole or in part, and failure to comply thereon forfeited in favor of the government.
with this provision shall mean License to operate fish pens, fish cages, fish
cancellation of FLA; traps and other structures for the culture of
f. The transfer or assignment of rights to fish and other fishery products.
FLA shall be allowed only upon prior
written approval of the DA; - Fish pens, fish cages, fist traps and other
g. The lessee shall undertake reforestation structures for the culture of fish and other fishery
for river banks, bays, streams, and products shall be constructed and shall operate
seashore fronting the dike of his fishpond only within established zones duly designated by
subject to the rules and regulations to be LGUs in consultation with the FARMs
promulgated thereon; and concerned.
h. The lessee shall provide facilities that will
minimize environmental pollution, i.e.

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Areas to be utilized for this purpose for an fisheries reserves for special or limited use for
individual shall be determined by the LGUs in educational, research and special management
consultation with FARMC. purposes.
However, not more than 10% of suitable water Fish refuge and sanctuaries.
surface area of lakes and rivers shall be allotted
for aquaculture purposes like fish pens, fish cages, - The DA may establish fish refuge and
and fish traps; and for the stocking density and sanctuaries to be administered in the manner
feeding requirement which shall be controlled and prescribed by the BFAR and set aside areas for
determined by its carrying capacity. the cultivation of mangroves to strengthen the
habitat and the spawning grounds of fish.
- Fish pens and fish cages located outside
municipal waters shall be constructed and - no commercial fishing shall be allowed within
operated only within fish pen and fish cage belts these areas.
designated by the DA and after corresponding
- In municipal waters, the LGU in consultation
licenses have been secured and the corresponding
with FARMCs may also recommend fishery
fees paid.
refuge and sanctuaries.
Grant of privileges for operations fish pens,
- at least 15% where applicable of the total coastal
etc.
areas in each municipality shall be identified and
- no new concessions, licenses, permits, leases and designated as fish sanctuaries by the LGUs in
similar privileges for the establishment or consultation with the FARMCs.
operation of fish pens, fish cages, fish corrals/
traps and other similar structures in municipal
areas shall be granted except to municipal fisherfolk Prohibitions and Penalties
and their organizations.
The following acts are prohibited and penalized
Fishery Reserves, Refuge, and Sanctuaries under RA. No. 10654 amending RA No. 8850.
Fishing areas reserves for exclusive use of (Sec. 86) Unauthorized fishing.
government.
a. It shall be unlawful for any person to
The DA may designate area(s) capture or gather or to cause the capture
or gathering of fish, fry or fingerlings of
- in Philippine waters
any fishery species or fishery products
- beyond 15km from shoreline without license or permit from the
Department of LGU.
as fishery reservation for the exclusive use of the
government or any of its political subdivisions, Except in cases specified under the Code, it
agencies or instrumentalities, for propagation, shall also be unlawful for any commercial
educational, research and scientific purposes. fishing vessel to fish in municipal waters.

In municipalities or Cities, the LGUs in The discovery of any person in possession

consultation with FARMC may recommend to of a fishing gear or operating a fishing
DA that portion of the municipal waters be vessel in a fishing vessel in a fishing area
declared as fishery reserves for special or limited where he has no license or permit shall
use, for educational, research and/or special constitute a prima facie presumption that
management purposes. the person is engaged in unauthorized
fishing; provided that fishing for daily
The FARMC may recommend to DA portions of food sustenance or for leisure which is
the municipal waters which can be declared as

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not for commercial, occupation, or (Sec. 89) Unreported fishing.

livelihood purposes may be allowed.
It shall be unlawful for any person to engage in
b. It shall be unlawful for any person not unreported fishing or to fail to comply with the
listed in the registry of municipal reportorial requirements in Sec. 38 of RA No.
fisherfolk to engage in any commercial 8550, as amended to wit:
fishing activity in municipal waters.
“Each commercial fishing vessel shall keep a daily
(Sec. 87) Engaging in unauthorized fisheries record of fish catch and spoilage, landing points,
activities. and quantity and value of fish caught, and off-
loaded for transshipment, sale and/or other
- it shall be unlawful for any person to exploit, disposal. Detailed information shall be duly
occupy, produce, breed or culture fish, fry or certified by the vessel’s captain and transmitted to
fingerlings of any fishery species or fishery BFAR within the period prescribed in the IRR
products or construct and operate fish corrals, promulgated by the Department. Failure to
fish traps, fish pens and fish cages or fishponds comply shall result to administrative and penal
without a license, lease or permit. sanctions.”
- the discovery of any person engaging in any of (Sec.90) Unregulated fishing.
the above activities without a lease, license or
permit shall constitute a prima facie presumption It shall be unlawful for any person to engage in
that the person is engaged in unauthorized unregulated fishing in waters within and beyond
fisheries activity. national jurisdiction.
(Sec. 88) Failure to secure fishing permit prior (Sec.91) Poaching in Philippine waters.
to engaging in distant water fishing.
It shall be unlawful for any foreign person,
a. it shall be unlawful for any person to fish corporation or entity to fish or operate any fishing
in the high seas, in the territorial seas, vessel in Philippine waters.
archipelagic waters, and EEZ of other
states using a Philippine flagged fishing The entry of any foreign fishing vessel in
vessel without first securing a fishing Philippine waters shall constitute a prima facie
permit from the Department and presumption that the vessel is engaged in fishing
authorization from the coastal state. in Philippine waters.
(Sec. 92) Fishing through explosives, noxious
The discovery of any person in possession
or poisonous substance, or electricity.
of a fishing gear or operating a fishing
vessel in the abovementioned areas It shall be unlawful for any person to catch, take
without a fishing permit from the or gather or cause to be caught, taken or gathered
Department or authorization from the fish or any fishery species in Philippine waters
coastal state shall constitute a prima facie with the use of explosives, noxious or poisonous
presumption that the person is in substance such as sodium cyanide, which will kill,
violation of this provision. stupefy, disable or render unconscious fish or
fishery species: Provided, that the Department,
b. It shall be unlawful for an owner or subject to such safeguards and conditions deemed
operator, and the 3 highest officers, of a necessary and with the endorsement from the
commercial fishing vessel to commit acts concerned LGUs, may allow, for research,
that are in contravention of the terms and educational or scientific purposes only, the use of
conditions stated in the fishing permit or poisonous or noxious substances to catch, take or
as may be promulgated by the gather fish or fishery species: Provided further, that
Department. the use of poisonous or noxious substances to

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eradicate predators and pests in fishponds in Sec. 103. Capture of Sabalo and Other
accordance with accepted scientific practices and Breeders/Spawners.
without causing adverse environmental impact in
neighboring waters and grounds shall not be Sec. 104. Exportation of Breeders, Spawners,
construed as illegal fishing. Eggs or Fry.

The discovery of dynamite, other explosives and Sec. 105. Importation or Exportation of Fish or
chemical compounds which contain combustible Fishery Species.
elements, or noxious or poisonous substances, or
Sec. 106. Violation of Harvest Control Rules.
equipment or device for electrofishing in any
fishing vessel or in the possession of any Sec. 107. Aquatic Pollution.
fisherfolk, operator, fishing boat official or
fishworker shall constitute a prima facie Sec. 108. Failure to Comply with Minimum Safety
presumption that any of these devices was used Standards.
for fishing in violation of the Code.
Sec. 109. Failure to Submit a Yearly Report on All
The discovery in any fishing vessel of fish caught Fishponds, Fish Pens and Fish Cages.
or killed with the use of explosives, noxious, or
poisonous substances, or by electricity shall Sec. 110. Gathering and Marketing of Shell Fishes
constitute a prima facie presumption that the or Other Aquatic Species.
fisherfolk, operator, boat official or fishworker is Sec. 111. Obstruction to Navigation or Flow or
fishing with the use thereof. Ebb of Tide in any Stream, River, Lake or Bay.
Other violations. Sec. 112. Non compliance with Good
Sec. 93. Use of Fine Mesh Net. Aquaculture Practices.

Sec. 94. Fishing in Overexploited Fishery Sec. 113. Commercial Fishing Vessel Operators
Management Areas. Employing Unlicensed Fisherfolk, Fishworker or
Crew.
Sec. 95. Use of Active Gear in Municipal Waters,
Bays and Other Fishery Management Areas. Sec. 114. Obstruction of Defined Migration
Paths.
Sec. 96. Ban on Coral Exploitation and
Exportation. Sec. 115. Obstruction of Fishery Law
Enforcement Officer.
Sec. 97. Ban on Muro-ami, Other Methods and
Gear Destructive to Coral Reefs and Other Sec. 116. Noncompliance with Fisheries Observer
Marine Habitat. Coverage.

Sec. 98. Illegal Use of Superlights or Fishing Sec. 117. Noncompliance with Port State
Light Attractor. Measures.

Sec. 99. Conversion of Mangroves. Sec. 118. Failure to Comply with Rules and
Regulations on Conservation and Management
Sec. 100. Fishing During Closed Season. Measures.

Sec. 101. Fishing in Marine Protected Areas, Sec. 119. Noncompliance with Vessel Monitoring
Fishery Reserves, Refuge and Sanctuaries. Measures.
Sec. 102. Fishing or Taking of Rare, Threatened Sec. 120. Constructing, Importing or Converting
or Endangered Species. Fishing Vessels or Gears without Permit formthe
Department.

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Sec. 121. Use of Unlicensed Gear. The Department shall, on its own instance or
upon verified complaint by any person, institute
Sec. 122. Falsifying, Concealing or Tampering administrative proceedings against any person
with Vessel Markings, Identity or Registration. who violates any order, rule or regulation issued
by the Department, pursuant to the Code.
Sec. 123. Concealing, Tampering or Disposing of
Evidence Relating to an Investigation of a (Sec. 132) Power to issue cease and desist
Violation. orders and to summarily evict without the
necessity of judicial order.
Sec. 124. Noncompliance with the Requirements
for the Introduction of Foreign or Exotic Aquatic The Department shall, subject to the
Species. requirements of administrative due process, issue
cease and desist order/s upon violator/s and to
Sec. 125. Failure to Comply with Standards and
summarily eject, without the necessity of judicial
Trade-Related Measures.
order, the holder of FLA, other tenurial
Sec. 126. Possessing, Dealing in or Disposing instrument, permit or license from areas of the
Illegally Caught or Taken Fish. public domain covered by such FLA, tenurial
instrument, permit or license.
Sec. 127. Unauthorized Disclosure of Sensitive
Technical Information. (Sec. 133) Authority of the Director of the
BFAR or the duly authorized representative to
Sec. 128. Other Violations. issue notice of violation and order
confiscation.
In all cases of violations of the Code or other
Administrative Adjudication fishery laws, rules and regulations, the Director of
BFAR or the duly authorized representative, may
Administrative adjudication
issue notice of violation and order the
(Sec. 130). confiscation of any fish, fisher species or aquatic
resources illegally caught, taken or gathered, and
The Department is hereby empowered to impose all equipment, paraphernalia, and gears in favor of
the administrative fines and penalties provided in the Department, academic institutions or LGUs
the Code. and to dispose of the same in accordance with
pertinent laws, rules, regulations and policies on
For this purpose, the Department shall organize the matter.
and designate the composition of the
Adjudication Committee, which shall be Prohibition on the issuance of TRO,
composed of the bureau director as chairperson Preliminary Injunctions, and Preliminary
and 4 other members to be designated by the Mandatory Injuctions.
Secretary. The Adjudication Committee shall be
supported by sufficient number of staff to enable (Sec. 134)
it to perform its mandate.
No injunction or restraining order from the MTC
The Committee shall promulgate Rules and and RTC shall lie against the Department and
Regulations for the conduct of administrative BFAR upon the ex parte motion or petition filed
adjudication and the disposition of confiscated by any person or entity in the exercise by the
catch, gears, equipment and other paraphernalia. Department and BFAR of its regulatory functions
It shall also issue subpoena duces tecum and ad in support of the implementation of this Code.
testificandum in administrative cases before it.
Alvarez v. PICOP
(Sec. 131)

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It should be clarified, however, that courts cannot b. The Department or other implementing
be deprived of their authority to take cognizance agencies with respect to orders, rules and
of the issues raised in the principal action, as long regulations issued inconsistent with the
as such action and the relief sought are within Act; and
their jurisdiction. c. Any public officer who willfully or grossly
neglects the performance of a duty
Hernandez v. NaPoCor specifically enjoined by the Code and its
IRR; or abuses authority in the
Indeed, on issues involving questions of law,
performance of duty; or, in any manner
courts could not be prevented from exercising
improperly performs duties under the
their power to restrain or prohibit administrative
Code and its IRR; Provided however, that no
acts.
suit can be filed until after 15 days notice
(Sec.135) Accompanying administrative has been given the public officer and the
sanctions for serious violations. alleged offender and no appropriate action
has been taken thereon.
The Adjudication Committee may impose the
following additional sanctions to the (Sec. 139) Strategic Lawsuit Against Public
administrative penalties imposed for serious Participation (SLAPP) in the enforcement of
violations: the Act.

1. confiscation of fishing gear; A legal action filed to harass, vex, exert undue
2. impoundment of fishing vessel; pressure, or stifle any legal recourse that any
3. temporary suspension or permanent person, institution, or the government has taken
revocation of license or permit; or may take in the enforcement of the Code shall
4. temporary or permanent ban from the be treated as a Strategic Lawsuit Against Public
availment of applicable duty and tax Participation (SLAPP).
rebates;
- The hearing on the defense of a SLAPP shall be
5. inclusion in the IUU fishing vessel list;
summary in nature,
6. denial of entry and other port services;
7. blacklisting; and the affirmative defense of a SLAPP shall be
8. increase in the amount of fines but not to resolved within 30 days after the summary
exceed 5x the value of the catch. In case hearing.
of repeated violations within a 5yr period,
the amount of fine may be increased up to If the court dismisses the action, the court may
8x the value of the catch. award damages, attorney’s fees, and costs of suit
under a counterclaim if such has been filed. The
During the pendency of the administrative or the dismissal shall be with prejudice.
criminal case, the Department may impound the
vessel/conveyance, gear and other paraphernalia - If the court rejects the defense of a SLAPP,
used in the commission of the offense. the evidence adduced during the summary
hearing shall be treated as evidence of the
(Sec. 138) Citizen’s suits. parties on the merits of the case. The action
shall proceed in accordance with the ROC.
Any citizen may file an appropriate civil,
criminal or administrative action in the proper - The Rules of Procedure for Environmental
courts/bodies against: Cases shall govern the procedure in civil,
criminal and special civil actions involving the
a. Any person who violates or fails to
enforcement or violations of this Code including
comply with the provisions of this Code
actions treated as a SLAPP as provided in this
and its implementing rules and
section.
regulations;

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Executive control endanger the environment such as dynamite

fishing and other forms of destructive fishing..and
In Araneta v. Gatmaitan such other activities which result in pollution,
acceleration of eutrophication of rivers and lakes
it has been held that if under the law the
or of ecological imbalance.
Secretary has authority to regulate or ban
fishing under certain conditions, then the Seizure without warrant of fishing vessels
President may exercise the same power and breaching fishery laws.
authority because:
- Search and seizure without search warrant of
a. the President has control of all the vessels and aircrafts for violations of customs
executive departments, bureaus and laws have been the traditional exception to the
offices pursuant to Sec.17, Art. VII of the constitutional requirement of a search warrant.
1987 Constitution;
b. executive orders may be issued by the because…
President governing the general
performance of duties by public it is recognized that a vessel and an aircraft, like
employees or disposing of issues of motor vehicles, can be quickly moved out of the
general concern; and locality or jurisdiction in which the search warrant
c. and under the Administrative Code, all must be sought and secured.
executive functions shall be directly under
the same exception is applied to seizures of
the executive department, subject to the
fishing vessels and boats breaching our fishery
supervision and control of the President
laws; these vessels are normally powered by high-
on matters of general policy.
speed motors that enable them to elude arrests
Enactment of ordinances by LGUs. made by government authorities enforcing our
fishery laws.
- Under the general welfare clause:
in Roldan v. Arca it was held that the warrantless
LGU’s have the power inter alia, to enact arrest of the members of the crew of fishing
ordinances to enhance the right of the people to a vessels who were caught in flagrante illegally
balanced ecology. fishing with dynamite and without license, was
lawful. And that the seizure of the vessel, its
It likewise specifically vests municipalities with the equipment and dynamites therein was held valid
power to grant fishery privileges in municipal as an incident to a lawful arrest.
waters;
in Hizon v. CA, the warrantless search on a
impose rentals, fees or charges therefor; fishing boat suspected of having engaged in illegal
fishing was held valid. The fish and other
penalize, by appropriate ordinances, the use of
evidence seized in the course of the search were
explosives, noxious or poisonous substances,
properly admitted by the RTC.
electricity, muro-ami, and other deleterious
methods of fishing; and in Commissioner of Customs v. CA it was held
that the Collector of Customs has exclusive
to prosecute any violation of the provisions of
jurisdiction over seizure and forfeiture
applicable fishery laws.
proceedings and trial courts are precluded from
- RA No. 7160 imposes upon the Sanggunian assuming cognizance over such matters even
bayan, Sanggunian Panlungsod, and the through petitions for certiorari, prohibition or
Sanggunian Panlalawigan the duty to enact mandamus. The forfeiture proceedings are in the
ordinances to “protect the environment and nature of proceedings in rem and jurisdiction
impose appropriate penalties for acts which was obtained from the moment the vessel
entered Philippine waters.

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Forfeiture of vessel used in a crime CHAPTER XIX

In Sea Lion Fishing Corporation v. People RULES OF PROCEDURE FOR
ENVIRONMENTAL CASES
FACTS: In response to fishermen’s report of
poaching off Mangsee Island in Balacbac, PART I
Palawan, a combined team of Phil. Marines, Coast
Guard and Brgy. officials conducted search and Rule 1
seizure operations therein.
GENERAL PROVISIONS
They found F/V Sea Lion anchored 3 nautical
Sec. 1. Title – These Rules shall be known as
miles northwest of Mangsee Island. Beside it were
“The Rules of Procedure for Environmental
5 boats and a long fishing net already spread over
Cases.”
the water.
xxx
Arrests were made and charges were filed against
the 17 Chinese fishermen aboard the F/V Sea b. The Rules of Procedure for Environmental
Lion. They were tried and sentenced accordingly. Cases – a judicial initiative for the protection of
environmental rights and social justice.
The crews were acquitted.
- took effect on 4/29/2010
Sea Lion Fishing Corporation thereafter filed
before the Office of the Provincial Prosecutor an - characterized as “the principle that all people
urgent motion for release of the F/V Sea Lion, and communities are entitled to equal protection
alleging that it owns the vessel. of environmental and public health laws and
regulations.”
The motion was denied.
- has the following objectives:
ISSUE: May Sea Lion Fishing Corporation
redeem the vessel? a. To protect and advance the constitutional
right of the people to a balanced and
HELD: No.
healthful ecology;
It has been established that F/V Sea Lion was b. To provide a simplified, speedy and
used by the 17 Chinese fishermen in the inexpensive procedure for the
commission of the crimes. Petitioner also did not enforcement of environmental rights and
present evidence of its ownership over the vessel. duties recognized under the Constitution,
Thus, the forfeiture of F/V Sea Lion in favor of existing laws, rules and regulations, and
the government was proper. international agreements;
c. To introduce and adopt innovations and
Doctrine: When an instrument or tool used in a best practices ensuring effective
crime is being claimed by a 3rd party not liable to enforcement of remedies and redress for
the offense, such 3rd party must first establish its violation of environmental laws; and
ownership over the same. d. To enable the courts to monitor and exact
compliance with orders and judgments in
environmental cases.
salient provisions
- lowered the threshold on locus standi
- encourage citizen’s suits

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- prescribe the use of mediation in environmental damages or defamation suit invoking SLAPP as
disputes. defense.
- minimize delays and ensure effective and Rule 2
judicious disposition of environmental cases by
providing for continuous trial, disallowing the filing Pleadings and Parties
of delay-prone pleadings, prohibiting the issuance
Section 1. Pleading and Motions Allowed:
of TROs against government agencies’ action to
enforce environmental laws or prevent violations - Complaint
thereof, proscribing the stay of judgments by
appeal and submission of memoranda in the form - Answer which may contain Compulsory
of a draft decision. Counterclaim and Cross-claim

- introduce Writ of Kalikasan. - Motion for intervention: allowed to broaden

public participation in the enforcement of
- Writ of Continuing Mandamus environmental laws. x x x a person allowed to
intervene must have a legal interest and said
- Citizen’s arrest and seizure of the items, tools
interest must be of such direct and immediate
and conveyances used in committing the offenses,
character that the intervenor will either gain or
as well as the custody (preservation) and
lose by the direct legal operation and effect of the
disposition of thereof.
judgment.
- integrate the caveat that the judge shall be guided
- Motion for Discovery
by the precautionary principle where full scientific
certainty shall not be required of the party alleging - Motion for Reconsideration of the Judgment
environmental damage.
* Motion for Postponement, Motion for New
- reflect the sentiment that people who suffers Trial and Petition for Relief from judgment shall
from infringements of environmental laws must be allowed in highly meritorious cases or to
not be impeded in pursuing their remedies in prevent a manifest miscarriage of justice.
court.
- Motion for Extension to File Answer is allowed
- strengthen the hand of government in enforcing but the extension shall not exceed 15 days.
environmental laws; embrace the latest and best
practices in other jurisdictions to effectuate the Sec. 2. Prohibited pleadings or motions. – xxx
vindication of environmental rights in our justice
system; and provide innovations customized to - Motion to dismiss the complaint;
our distinct needs. - Motion for a bill of particulars;
scope - Motion for extension of time to file pleadings,
- apply to environmental cases arising from laws except to file answer, the extension not to exceed
that relate to the conservation, development, 15 days;
preservation, protection, and utilization of the - Motion to declare the defendant in default;
environmental and natural resources.
- Reply and rejoinder; and
- covers civil, criminal and sca involving
enforcement or violations of environmental and - Third party complaint
other related laws. May also apply in other suits
not necessarily based on environmental laws * the prohibited pleadings addresses questions of
containing environmental provisions. ex. civil delay, and is complementary to the rule requiring
continuous trial which shall not exceed 2

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months from the date of issuance of the pre-trial “the rule on standing is a matter of procedure
order, and a period of one year from the filing of which can be relaxed for non-traditional plaintiffs
the complaint to try and decide the case. like ordinary citizens, taxpayers, legislators when
the public interest so requires, such as when the
* the complaint shall be verified and state that it is matter is of transcendental importance, of
an environmental case, and if not, it shall be overreaching significance to society, or of
referred to the executive judge for raffle as an paramount public interest.”
ordinary case.
- In Resident Marine Mammals v. Reyes:
who may file?
“ x x x the need to give the Resident Marine
any real party in interest, including governmental Mammals legal standing has been eliminated by
and juridical entities authorized by law. our Rules, which allow any Filipino citizen, as a
steward of nature, to bring a suit to enforce our
a Filipino citizen or an alien can file a suit so long
environmental laws. xxx”
as they are able to show direct and personal
injury. * Publication is permissive and non-jurisdictional
and is meant only to encourage public
* a person who suffers damage or injury arising
participation.
from an environmental prejudice which is also the
same subject of a citizen suit can file a separate to whom copies of complaint be served?
action under this section to recover for his
personal injury. DENR – as the primary agency charged with the
enforcement of environmental laws
Citizen suit – a suit filed by a Filipino citizen by
himself and in representation of others, including Office of the SolGen – as the law office of the
minors or generations yet unborn, to enforce government, its agencies or instrumentalities,
rights or obligations under environmental laws.
* to ensure that public interest is fully
- liberalizes the requirements for standing for all protected.
cases for the enforcement of environmental laws
and eschews the traditional rule on personal and * the Executive judge shall conduct special raffle
direct interest based on the principle that humans on the day the complaint was filed, should there
are stewards of nature. be 2 or more designated branches in a multiple-
sala court; or immediately refer the case to the
- may be filed for all types of environmental cases. designated branch if there is only 1.
- as to NGO and People’s Organization (PO), (EPO) Environmental Protection Order – is
proof of their juridical personality is required (ex. an order issued by the court directing or enjoining
accreditation, recognition or registration). Said any person or government agency to perform or
requirement is needed also in a Petition for Writ desist from performing an act in order to protect,
of Kalikasan. preserve or rehabilitate the environment.
- filed in the public interest, hence, no proof of - performs similar function as a prohibitory or
personal injury is required. A Filipino citizen may mandatory injunction, but specifically applies to
be an individual or a corporation so long as the environmental cases.
requirement of Philippine citizenship are
complied with. (TEPO) Temporary Environmental
Protection Order – integrates both prohibitive
- In International Service for the Acquisition of Agri- and mandatory reliefs in order to appropriately
Biotech Applications, Inc.v. Greenpeace Southeast Asia address the factual circumstances surrounding the
(Phils.) case.

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- stems from the same procedure for the issuance government agencies that enforce environmental
of TRO. laws or prevent violations thereof.
- a remedy available for both civil and criminal EXPN: the case pertains to matters of extreme
environmental cases. urgency involving constitutional issues such that
unless a TRO is issued, grave injustice and
- available under the writ of kalikasan and writ of irreparable injury will arise.
continuing mandamus as a relief or as a means of
expediting the proceedings and preserving the the prohibition does not deprive the lower courts
rights of the parties. of the authority to take cognizance of the issues
raised in the principal action, as long as such
who may issue? action and the relief sought are within their
jurisdiction.
by the executive judge of a multiple-sala court
before raffle or the presiding judge of a single- * but courts could not be prevented from
sala court if it appears from the verified exercising their power to restrain or prohibit
complaint that the matter is of extreme administrative acts involving questions of law.
urgency and the applicant will suffer grave
injustice or irreparable injury from the payment of filing and other legal fees
violation complained of.
- shall be deferred until after judgment unless the
- the applicant shall be exempted from posting plaintiff is allowed to litigate as an indigent. It shall
a bond constitute a first lien on the judgment award.
- effective only for 72 hours from date of receipt - for citizen suit, the court shall defer the payment
of the TEPO by the party or person enjoined. of filing and other legal fees that shall serve as
However, within said period, the court where the case is first lien on the judgment award.
assigned shall conduct a summary hearing to
determine whether the TEPO may be service of summons
extended until the termination of the case.
- by the sheriff, his deputy or other proper court
hearing – so fundamental that failure to comply officer, or for justifiable reason, by the counsel or
with it amounts to: representative of the plaintiff or any ‘suitable
person’ authorized or deputized by the court
gross ignorance of rules and procedure; or issuing the summons.
outright denial of due process to the party - service by publication is deemed a sufficient
denied such a hearing. compliance with the requirement of due process.
However, plaintiff must file a Motion in order to avail this
- if after hearing it appears that the issuance or mode of service.
continuance of the TEPO would cause irreparable
damage to the party or person enjoined while the - within 15 days from the filing of answer, the
applicant may be fully compensated for such parties may avail of modes of discovery. x x x
damages as he may suffer, the TEPO may be
dissolved upon bond posted by the party or importance of modes of discovery:
person enjoined.
1. to narrow and clarify the basic issues
* The issuance of TEPO ex parte is an exception between the parties, and
to the GR of due process which requires the party 2. for ascertaining the facts relative to those
to be heard. issues.

* No court except the SC can issue TRO or Writ pre-trial is a mandatory conference and personal
of Preliminary Injunction against lawful actions of confrontation before the judge between the

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litigants and their counsels for the purpose of - the court shall schedule the pre-trial and set as
settling the litigation as soon as possible, or many pre-trial conference as may be necessary
simplifying the issues, without sacrificing the within a period of 2 months counted from the
necessary demands of justice. date of the 1st pre-trail conference, the purpose
being to persuade the parties to arrive at a
- Notice of pre-trial is issued within 2 days from settlement of the dispute.
the filing of the Answer to the counterclaim or
cross-claim, if any, to be held not later than 1 - A compromise may supersede all agreements
month from the filing of the last pleading. and proceedings that had previously taken place
and may constitute a final and definite settlement
- court shall schedule the pre-trial and as many as of the controversies by and between the parties.
pre-trial conferences as may be necessary within a
period of 2 months from the date of the 1st pre- Sec. 3. Referral to mediation. – At the start of
trial conference. the pre-trial conference, the court shall inquire
from the parties if they have settled the dispute;
Sec. 2. Pre-trial brief. – at least 3 days before the otherwise, the court shall immediately refer the
pre-trial, the parties shall submit pre-trial briefs parties or their counsel, if authorized by their
containing the ff: clients, to the Philippine Mediation Center
(PMC) unit for purposes of mediation. If not
a. A statement of their willingness to enter
available, the court shall refer the case to the
into an amicable settlement x x x
clerk of court or legal researcher for
b. A summary of admitted facts and
mediation.
proposed stipulation of facts;
c. The legal and factual issues to be tried or Mediation must be conducted within a non-
resolved; extendible period of 30 days from receipt of
d. The documents or exhibits to be notice of referral to mediation.
presented, depositions, answers to
interrogatories, answers to written request The mediation report must be submitted within
for admission by adverse party x x x 10 days from the expiration of the 30-day
e. A manifestation of their having availed of period.
discovery procedures or their intention to
avail referral to a commissioner; Mediation – a process whereby an impartial 3rd
f. The number and names of the witnesses person called a mediator facilitates
and the substance of their affidavits; communication and negotiation between parties
g. Clarificatory questions from the parties; for the purpose of assisting them reach a
and voluntary agreement regarding their dispute. In
h. List of cases arising out of the same facts mediation, decision-making authority rests with
pending before other courts or the parties. The details of mediation are
administrative agencies. confidential and all communications between the
parties and the mediator are privileged.
Failure to comply with the required contents
of a pretrial brief may be a ground for - Mediator should refrain from making an
contempt. assessment of the merits of any issue.

- failure to file the pre-trial brief shall have the - The Philippine Judicial Academy is designated as
same effect as failure to appear at the pre-trial. component unit of SC for court-referred, court-
related mediation cases and other forms of
- a compromise permits the parties to make Alternative Dispute Resolution mechanisms.
reciprocal concessions, avoid a litigation or put an
end to one already commenced. Alternative Dispute Resolution is a system for
settling disputes between 2 or more parties, which
operates independently of, or, as an adjunct to the

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judicial litigation system, through the intervention public interest and public policy to protect and
of a qualified person trained to intercede in, preserve the environment.
facilitate and coordinate the interaction of
disputants in a settlement process. - not appealable, unless one side of the suit can
prove that they have been forced into consent
Kinds of ADR Mechanisms through fraud.
Court-Annexed Mediation (CAM) – advantages of consent decree:
mandatory, being a part of pre-trial.
a. it encourages the parties to come up with
- a mediation process conducted under the comprehensive, mutually-acceptable
auspices of the court after such court has acquired solutions to the environment problem,
jurisdiction of the dispute. and since the agreement was arrived at
voluntarily, there is a greater possibility of
Appelalte Court Mediation (ACM) – a actual compliance;
mediation program in CA corollary to CAM in b. it is open to public scrutiny;
the lower courts. x x x c. it allows the parties to address issues other
than those presented to the court; and
Judicial Dispute Resolution (JDR) – a process
d. it is still subject to judicial approval and
whereby the judge (JDR judge) employs
can be enforced through a court order.
conciliation, mediation or early neutral evaluation
in order to settle a case at the pre-trial stage. In Sec. 6. Failure to settle. – x x x
the event that JDR fails, then another judge
(called trial judge) shall proceed to hear and Sec. 7. Effect of failure to appear at pre-trial. –
decide the case. The court shall not dismiss the complaint, except
upon repeated and unjustified failure of the
Mobile-Court Annexed Mediation (MCAM) – plaintiff to appear. The dismissal shall be
a form of CAM whereby mediation proceedings without a prejudice, and the court may proceed
are conducted in a mobile court deployed in an with the counterclaim.
area for a certain period.
- after dismissal without prejudice, the court may
Court-Annexed Arbitration (CAA) – a proceed with the counterclaim, unless the
voluntary dispute resolution conducted with the counterclaimis determined to be a strategic lawsuit against
assistance of the court in which one or more public participation (SLAPP) suit. If the defendant
arbitrators appointed in accordance with the fails to appear, the plaintiff may present his
Arbitration Clause and as agreed upon by the evidence ex parte.
parties, resolve a dispute by rendering an award.
Sec. 8. Minutes of pre-trial. – x x x
Sec. 4. Preliminary Conference. - x x x
Sec. 9. Pre-trial order. – x x x
Sec. 5. Pre-trial Conference; consent decree. –
xxx Sec. 10. Efforts to settle.- x x x
The judge shall exert best efforts to persuade the The importance of compromise settlement
parties to arrive at a settlement of the dispute. are: it takes less time and money, the parties
The judge may issue a consent decree x x x. themselves exercise party autonomy, and they can
Evidence not presented during the pre-trial, except preserve their relationship.
newly discovered evidence, shall be deemed waived.
TRIAL
consent decree refers to a judicially-approved
settlement between concerned parties based on Sec.1. Continuous Trial. – The judge shall
conduct continuous trial which shall not exceed 2

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months from the date of the issuance of the pre- JUDGMENT AND EXECUTION
trial order.
Sec. 1. Reliefs in a citizen suit. – If warranted,
Before the expiration of the 2 month period, the the court may grant to the plaintiff proper reliefs
judge may ask the SC for the extension of the trial which shall include the protection, preservation or
period for justifiable cause. rehabilitation of the environment and the
payment of attorney’s fees, cost of suit and other
Sec. 2. Affidavits in lieu of direct examination. litigation expenses. It may also require the violator
–xxx to submit a program of rehabilitation or
restoration of the environment, the costs of
Affidavits are employed in lieu of direct
which shall be borne by the violator, or to
examination to obviate delays in procedure which
contribute a special trust fund for that purpose
often goes with direct examination. The use of
subject to the control of the court.
affidavits narrows the scope of the examination as
well as focuses the inquiry on the very merits of - no damages can be awarded in a citizen suit.
the controversy. This measure is in line with the policy that a
citizen suit is filed in the public interest, and, in
Sec. 3. One-day examination of witness rule. –
effect, it is the environment which is vindicated in
xxx
the action. The only recourse of a party or
a witness must conclude oral testimony in 1 day, person who wishes to recover damages for
but subject to extension for justifiable cause in the injury suffered is to file separate action under
court’s discretion. After the last presentation of Sec. 4, Rule 2.
the last witness, only oral offer of evidence shall
Sec. 2. Judgment not stayed by appeal. – x x x
be allowed which again is intended to save time
consistent with the policy to expedite the A judgment is immediately executor. It may
resolution of environmental cases. not be stayed by the posting of a bond. The sole
remedy lies with the appellate court. The
Sec. 4. Submission of case for decision; filing
appellate court can issue a TRO to restrain the
of memoranda. – After the last party has rested
execution of the judgment and should the court
its case, the court shall issue an order submitting
act with grave abuse of discretion in refusing to
the case for decision.
issue to act on the application for a TRO, a
The court may require the parties to submit their petition for certiorari under Rule 65 can be
respective memoranda, if possible in electronic brought before the SC.
form, within a non-extendible period of 30
Sec. 3. Permanent EPO; writ of continuing
days from the date the case is submitted for
mandamus. – In the judgment, the court may
decision.
convert the TEPO to a permanent EPO or issue
The court shall have a period of 60 days to a writ of continuing mandamus directing the
decide the case from the date the case is performance of acts which shall be effective until
submitted for decision. the judgment is fully satisfied. x x x

Sec. 5. Period to try and decide. – The court - the court may motu proprio or upon motion
shall have a period of 1 yr from the filing of the of the prevailing party, order that the enforcement
complaint to try and decide the case. Before of the judgment or order be referred to a
the expiration of the 1yr period, the court may commissioner to be appointed by the court. x x x
petition the SC for the extension of the period for
Sec. 4. Monitoring of compliance with
justifiable cause.
judgment and orders of the court by a
The court shall prioritize the adjudication of commissioner. – x x x
environmental cases.
Sec. 5. Return of writ of execution. – x x x

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(SLAPP) Strategic Lawsuit Against Public 1. that the case is not a SLAPP; and
Participation
2. the case is meritorious.
Sec. 1. SLAPP. – a legal action to harass, vex,
exert undue pressure or stifle any legal recourse substantial evidence – means that amount of
that any person, institution or the government has relevant evidence which a reasonable mind might
taken or may take in the enforcement of accept as adequate to justify a conclusion.
environmental laws, protection of the
preponderance of evidence – an evidence which
environment or assertion of environmental rights
is more convincing to the court as worthy of
shall be treated as a SLAPP and shall be governed
belief than that which is offered in opposition
by these Rules.
thereto.
Sec. 2. SLAPP as a defense; how alleged.- In a
Sec. 4. Resolution of the defense of SLAPP. –
SLAPP filed against a person involved in the
The affirmative defense of a SLAPP shall be
enforcement of environmental laws, protection of
resolved within 30 days after the summary
the environment, or assertion of environmental
hearing. If the court dismisses the action, the
rights, the defendant may file an answer
court may award damages, attorney’s fees and
interposing as a defense that the case is a SLAPP
costs of suit under a counterclaim if such has
and shall be supported by documents, affidavits,
been filed. The dismissal shall be with
papers and other evidence; and, by way of
prejudice.
counterclaim, pray for damages, attorney’s fees
and cost of suit. - the dismissal of SLAPP suit constitutes res
judicata.
The court shall direct the plaintiff or adverse party
to file an opposition showing the suit is not a - if the court rejects the defense of SLAPP, the
SLAPP, attaching evidence in support thereof, evidence adduced during the summary hearing
within a non-extendible period of 5 days from shall be treated as evidence of the parties on the
receipt of notice that an answer has been filed. merits of the case. The action shall proceed in
accordance with the ROC.
The defense of SLAPP shall be set for hearing by
the court after issuance of the order to file an since the evidence adduced in the hearing of
opposition within 15 days from filing of the SLAPP defense remains on record, the plaintiff is
comment or the lapse of the period. not required to offer again the evidence already
adduced.
- Since a Motion to dismiss is a prohibited
pleading, SLAPP as an affirmative defense should - the court is required to prioritize the hearing and
be raised in the answer along with other defenses resolution of a SLAPP defense.
that may be raised in the case alleged to be a
SLAPP. SCA

Sec. 3. Summary hearing. – x x x WRIT OF KALIKASAN

- The hearing for the defense of SLAPP is Sec. 1. Nature of the writ. – The writ is a
summary to expedite the proceedings. remedy available to a natural or juridical person,
entity authorized by law, people’s organization,
- The party seeking the dismissal of the case NGO, or any public interest group accredited by
alleged to be a SLAPP may easily assert his or registered with any government agency, on
defense and prove it with substantial evidence. behalf of persons whose constitutional right to
a balanced and healthful ecology is violated,
- If the court finds a SLAPP defense is valid, the
or threatened with violation by an unlawful act
plaintiff is require to prove, by preponderance
or omission of a public official or employee, or
of evidence the ff:

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private individual or entity, involving convince the court to issue, within 3 days from
environmental damage of such magnitude as the filing, the writ of kalikasan x x x.
to prejudice the life, health or property of
inahbitants in 2 or more cities or - in case the petitioner prays for TEPO,
province./*or that which transcends political compliance with Sec. 2(d) is necessary to show
and territorial boundaries.*/ that the matter is of extreme urgency and the
petitioner or the affected inhabitants are suffering
- design to accord a stronger protection for or will suffer grave injustice and irreparable injury.
environmental rights aiming to provide a speedy
and effective resolution of a case involving the Sec. 2 Contents of the petition. – x x x (d) All
violation of one’s constitutional right to a relevant and material evidence consisting of the
healthful and balanced ecology. affidavits of witnesses, documentary evidence,
scientific or other expert studies, and if possible,
- those who will for writ of kalikasan must object evidence; x x x
represent the inhabitants prejudiced by the
environmental damage subject of the writ. - does not allow the payment of damages
consistent with the public-interest character of the
- exempt from payment of docket fee. petition. A party who avails of this petition may
file another suit for the recovery of damages since
- may be filed with RTC exercising jurisdiction the Rule on the writ of kalikasan allows for the
over the territory where the act was committed institution of separate actions.
(the magnitude of the damage or threat affects the
inhabitants of less than 2 cities or provinces) ; CA; Sec. 3. Where to file. –
and SC. Given the magnitude of the damage, the
kalikasan petition can be filed directly with CA or the SC Sec. 4. No docket fee. – x x x
(whose jurisdiction in national in scope).
Sec. 5. Issuance of Writ. – x x x
- exhaustion of administrative remedy generally
Sec. 6. How the writ is served. – x x x
does not apply in kalikasan petition.
Sec. 7. Penalty for refusing to issue or serve
- not subject to limiting timelines in filing.
the writ. – x x x
- discovery measures are available.
The writ shall be served on the respondent
- petition must be verified, which means that the personally, or through substituted service if the
affiant must attest that he has read the pleading former cannot apply.
and that the allegations are true of his/her
If a clerk of court unduly delays or refuses to
knowledge. The petition should also contain a
issue the writ of kalikasan, or a court officer or
certification on non-forum shopping.
deputized person unduly delays or refuses to serve
- petition may be filed even if the respondent is the same, the court shall punish the offending
unknown. persons with contempt. This is without
prejudice to civil, criminal, or administrative
- petitioner must specify the particular actions that may be taken against them.
environmental law, rule or regulation that is being
violated or threatened to be violated. Sec. 8. Return of respondent; contents. – x x x

- there is no requirement that the cities or Sec. 9. Prohibited pleadings and motions. –
provinces are contiguous to one another.
a. Motion to dismiss;
- all the relevant and material evidence must be b. Motion for extension of time to file
alleged and attached to the petition, enable to return;
c. Motion for postponement;

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d. Motion for a bill of particulars; In indirect contempt, the respondent is given an

e. Counterclaim or cross-claim; opportunity to file a comment on the charge and
f. Third-party complaint; to be heard by himself or counsel.
g. Reply; and
h. Motion to declare respondent in default. Sec. 14. Submission of case for decision; filing
of memoranda. – x x x
* Motion for intervention is not a prohibited
pleading since the magnitude of the Sec. 15. Judgement. – x x x
environmental damage entails a large number of
- the court has a period of 60 days from the date
parties that may avail of the writ of kalikasan.
the petition is submitted for decision to render
Sec. 10. Effect of failure to file return. – x x x judgment, with or without memoranda. x x x

the court shall proceed to hear the petition ex - the reliefs may granted under the writ are broad,
parte. comprehensive and non-exclusive. But the scope
of the writ is not limitless. The reliefs regarding
Sec. 11. Hearing. – x x x the monitoring and periodic reports ensure
enforcement of the judgment of the court.
the hearing, including the preliminary conference
shall not extend beyond 60 days and shall be - award of personal damages is prohibited as it
given the same priority as petitions for the writs would require the reception of evidence which
of habeas corpus, amparo and habeas data. would delay the immediate resolution of the
petition. Thus, the filing of a separate civil,
- the hearing is not summary, since the subject of criminal or administrative action against the
the writ may involve issues that are of a complex respondent is allowed.
character.
- writ will not lie where alleged environmental
- the preliminary conference takes the place of damage is not substantiated.
trial.
Sec. 16. Appeal. – x x x
- from filing and within the 60 day period, the
court is allowed to entertain verified motions for - the appeal is by means of Petition for Review on
ocular inspection and for the production or Certiorari under Rule 45 of ROC. It may include
inspection of documents or things. The Rules an application for Writ of Preliminary Injunction
allow any of the parties to avail of these discovery or other Provrem.
measures to establish the magnitude of the
violation or threat thereto, or to show the absence appeal to raise questions of fact is allowed, given
or exact degree of magnitude of the damage or the extraordinary nature of the circumstances
threat. surrounding the writ.

Sec. 12. Discovery measure. – x x x Sec. 17. Institution of separate actions. – The
filing of a petition for the issuance of the writ of
a. Ocular inspection; order.- x x x kalikasan shall not preclude the filing of separate
b. Production or inspection of documents or civil, criminal or administrative actions.
things; order. – x x x
RULE 8
Sec. 13. Contempt. – x x x
WRIT OF CONTINUING MANDAMUS
any person who refuses or unduly delays the filing
of a return, or makes a false return, or any person Sec. 1. Petition for continuing mandamus. –
who disobeys or resists a lawful process or oder When any agency or instrumentality of the
of the court may be punished for indirect government or officer thereof unlawfully neglects
contempt under Rule 71 of ROC. the performance of an act which the law

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specifically enjoins as a duty resulting from an Sec. 4. Order to comment. – x x x

office, trust or station in connection with the
enforcement or violation of an environmental law the respondent to comment within 10 days from
rule or regulation or a right therein, or unlawfully receipt of a copy thereof. x x x
excludes another from the use or enjoyment of
Sec. 5. Expediting proceedings; TEPO. – x x
such right and there is no other plain, speedy and
x
adequate remedy in the ordinary course of law,
the person aggrieved thereby may file a verified Sec. 6. Proceedings after comment is filed. – x
petition in the proper court, alleging the facts with xx
certainty, attaching thereto supporting evidence,
specifying that the petition concerns an - hearing shall be summary in nature.
environmental law, rule or regulation, and praying
that, and to pay damages sustained by the - the petition shall be resolved without delay
petitioner by reason of the malicious neglect to within 60 days from the date of the submission of
perform the duties of the respondent, under the the petition for resolution.
law, rules or regulations. The petition shall also
Sec. 7. Judgment. – x x x
contain a sworn certification of non-forum
shopping. Sec.8. Return of writ. – x x x
mandamus – is employed to compel the - upon full satisfaction of the judgment, a final
performance, when refused, of a ministerial duty, return of the writ shall be submitted to the court
this being its chief use and not a discretionary by the respondent. It is only after the court finds
duty. that the judgment has been fully implemented
shall the satisfaction of judgment be entered in
- function is to set in motion and compel action. the court docket.
- lies to command the doing of what ought to be
Writ of Writ of
done, and not to undo what has been done.
continuing Kalikasan
injunction – essentially a preventive remedy. mandamus
Subject matter Is directed Available
Writ of continuing mandamus – commands the against: a) against an
respondent to do an act or series of acts until the unlawful unlawful act or
judgment is fully satisfied. neglect in the omission of a
performance public official
- as SCA, such may be availed of to compel the of an act or employee,
performance of an act specifically enjoined by which the law or private
law. It permits the court to retain jurisdiction after specifically individual or
judgment in order to ensure the successful enjoins as a entity,
implementation of the reliefs mandated under the duty resulting involving
court’s decision. x x x from an office, environmental
trust or station damage of
- a relief in environmental cases and in the writ of
in connection such
kalikasan.
with the magnitude as
Sec. 2. Where to file the petition. – x x x with enforcement to prejudice
the RTC exercising jurisdiction over the or violation of the life, health
territory where the actionable neglect or omission an or property of
occurred or with the CA or the SC. environmental inhabitants in
law, rule or 2 or more
Sec. 3. No docket fees. – The petitioner shall be regulation or a cities or
exempt from the payment of docket fees. right therein; provinces. The

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or b) the magnitude of jurisdiction the stations of

unlawful the over the the CA in Mla,
exclusion of environmental territory where Cebu or CDO.
another from damage is a the actionable
the use or condition sine neglector
enjoyment of qua non in a omission
such right, and petition for the occurred, CA
in both issuance of the or SC
instances, writ of Discovery Does not Incorporates
there is no kalikasan and measures contain any the procedural
other plain, must be provision for environmental
speedy and specified in the discovery right of access
adequate verified measures to information
remedy in the petition. through the
ordinary use of
course of law. discovery
Who may file Available only Available to a measures.
to one who is broad range of Damages for Allows Does not
personally persons such personal injury payment of allow the
aggrieved by as natural or damages for payment of
the unlawful judicial person, the malicious damages
act or entity neglect of the consistent with
omission authorized by performance the public-
law, people’s of the legal interest
organization, duty of the character of
NGO, or any respondent. the petition.
public interest
group
accredited or
registered with
any
government
agency on
behalf of
persons whose
right to a
balanced and
healthful
ecology is
violated or
threatened to
be violated.
Respondent Only the May be a
government or private
its officers individual or
entity
Exemption to Exempted Exempted
docket fees
Venue RTC excersing SC or any of

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PART V legal recourses of the person complaining of or

enforcing the provisions of this Act. x x x the
CRIMINAL PROCEDURE court shall dismiss the case and award atty. fess
and double damages.
RULE 19
this provision shall also apply and benefit public
Strategic Lawsuit Against Public
officers who are sued for acts committed in their
Participation in Criminal Cases
official capacity, there being no grave abuse of
Section 1. Motion to Dismiss. – Upon the filing authority, and done in the course of enforcing this
of an information in court and before Act.
arraignment, the accused may file a motion to
The remedy against SLAPP in a criminal case
dismiss on the ground that the criminal action is a
is to file a motion to dismiss rather than a motion
SLAPP.
to quash. x x x The grant of a motion to
a. Strategic Lawsuit Against Public Participation dismiss bars the refiling of a SLAPP.
(SLAPP)
c. Difference between SLAPP in civil cases and in
SLAPP – any action whether civil, criminal, or criminal cases
administrative, brought against any person,
- the determining fact on what procedure to use
institution or any government agency or lgu or its
depends on whether the SLAPP is a criminal or
officials and employees, with the intent to harass,
civil action.
vex, exert undue pressure or stifle any legal
recourse that such person, institution or * the accused in a SLAPP must file a motion to
government agency has taken or may take in the dismiss based on the ground that the criminal
enforcement of environmental laws, protection of action is a SLAPP, after the information has been
the environment or assertion of environmental filed, but prior to his arraignment.
rights. A SLAPP suit may come in a variety of
forms either as a legal action or a claim, A summary hearing shall be set by the court to
counterclaim or cross-claim. resolve the motion to dismiss.
SLAPP can be used as a defense in an the required degree of evidence shall be the same
environmental case when a person, institution or as that in a summary hearing for the defense of
government agency has taken or may take any SLAPP in a civil case.
legal recourse for the:
if the court denies the motion to dismiss, the
a. enforcement of environmental laws; court shall proceed with the arraignment of the
b. protection of the environment; or accused.
c. assertion of environmental rights.
d. No prohibited pleadings under criminal
b. SLAPP provisions prior to RPEC procedure
2 laws with provisions against SLAPP cases: as such, the defense of SLAPP can be raised in a
motion to dismiss. unlike in CivPro where motion
1. Philippine Clean Air Act (RA No. 8749) to dismiss is prohibited, hence the defense of
2. Ecological Solid Waste Management Act SLAPP can only be raised through answer.
(RA No. 9003)
Section 2. Summary Hearing. – The hearing on
xxx it shall be the duty of the investigating the defense of a SLAPP shall be summary in
prosecutor or the Court, as the case may be, to nature. The parties must submit all the available
immediately make a determination not exceeding evidence in support of their respective positions.
30 days whether said legal action has been filed to The party seeking the dismissal of the case
harass, vex, exert undue pressure or stifle such

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must prove by substantial evidence that his acts scientifically. In this context the proponent of an
for the enforcement of environmental law are a activity, rather than the public, should bear the
legitimate action for the protection, preservation burden of proof.” – Wingspread Consensus
and rehabilitation of the environment. The party Statement on the Precautionary Principle
filing the action assailed as a SLAPP shall
prove by preponderance of evidence that the b. Precautionary principle under the Rules
action is not a SLAPP.
- when there is a lack of full scientific certainty in
Section3. Resolution. – The court shall grant the establishing a causal link between human activity
motion if the accused establishes in the summary and environmental effect, the court shall apply the
hearing that the criminal case has been filed with precautionary principle in resolving the case
intent to harass, vex, exert undue pressure or stifle before it. The constitutional right of the people to
any legal recourse that any person, institution or a balanced and healthful ecology shall be given
the government has taken or may take in the the benefit of the doubt.
enforcement of environmental laws, protection of
- requires those who have the means, knowledge,
the environment or assertion of environmental
power and resources to take action to prevent or
rights.
mitigate the harm to the environment or to act
If the court denies the motion, the court shall when conclusively ascertained understanding by
immediately proceed with the arraignment of the science is not yet available.
accused.
- the quantum of evidence to prove potentially
PART V hazardous effects on the environment is relaxed
and burden is shifted to proponents of an
EVIDENCE activity that may cause damage to the
environment.
RULE 20
c. Factors to consider in applying the
Precautionary Principle precautionary principle
Sec.1. Applicability. – When there is a lack of to wit:
full scientific certainty in establishing a causal link
between human activity and environmental effect, 1. threats to human life or health;
the court shall apply the precautionary principle in 2. inequity to present or future generations;
resolving the case before it. or
3. prejudice to the environment without legal
The constitutional right of the people to a consideration of the environmental rights
balanced and healthful ecology shall be given the of those affected.
benefit of the doubt.
- the principle should be treated as principle of
a. Precautionary principle, formulation last resort, where the application of the regular
rules of evidence would cause in an inequitable
“it is better to be safe than sorry”
result for the environment plaintiff – (a) settings
“In order to protect the environment, the in which the risks of harm are uncertain; (b)
precautionary approach shall be widely applied by settings in which harm might be irreversible
States according to their capabilities. x x x” –UN and what is lost is irreplaceable; and (c) settings in
Conference on Environment Development. which the harm that might result would be
serious.
“When an activity raises threats of harm to
human health or the environment, precautionary - when in doubt, cases must be resolved in favor
measures should be taken even if some cause-and- the constitutional right to a balanced and healthful
effect relationships are not fully established ecology.

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d. Illustrative cases human life or health; (2) inequity to present or

future generations; or (3) prejudice to the
Leatch v. Dir.-Gen. of National Parks and environment without legal consideration of the
Wildlife Service environmental rights of those affected.
xxx application of precautionary principle appears
to be most apt in a situation where there is
scarcity of scientific knowledge of species
population, habitat and impacts.
Greenpeace Australia Ltd. v. Redbank Power
Co.Pty. Ltd. and Singleton Council
xxx the application of the precautionary principle
mandates a cautious approach in evaluating the
various factors to determine whether a
development consent should be granted. This
principle however does not require that the
greenhouse effect issue be given precedence over
all others. x x x
e. Case study: Hernandez v. NaPoCor
x x x if an action or policy has a suspected risk of
causing harm to the public or to the environment,
in the absence of scientific consensus that the
action or policy is harmful, the burden of proof
that it is not harmful falls on those taking the
action.”
f. Internationally Service for the Acquisition
of Agri-Biotech Applications, Inc. v.
Greenpeace Southeast Asia (Phils.)
“ x x x current scientific research indicates that
the biotech industry has not sufficiently addressed
the uncertainties over the safety of GM foods and
crops. x x x the 3 features of uncertainty, the
possibility of irreversible harm, and the
possibility of serious harm all coincide which
justifies the application of the precautionary
principle.”
hot tubbing – a colloquial term for concurrent
expert evidence, where the judge can hear all the
experts discussing the same issue at the same time
with a view to swifter identification of the critical
areas of disagreement between them.
Sec.2. Standards for application. – In applying
the precautionary principle, the following factors,
among others, may be considered: (1) threats to

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