priam's city

Lim v Executive Secretary, GR No. 151445, April 11, 2002

2009-12-08T18:00:00.000-08:00

Facts: This case involves a petition for certiorari and prohibition as well as a petition-in-intervention, praying that respondents be restrained from proceeding with the so-called "Balikatan 02-1" and that after due notice and hearing, that judgment be rendered issuing a permanent writ of injunction and/or prohibition against the deployment of U.S. troops in Basilan and Mindanao for being illegal and in violation of the Constitution.

Beginning January of this year 2002, personnel from the armed forces of the United States of America started arriving in Mindanao to take part, in conjunction with the Philippine military, in "Balikatan 02-1." These so-called "Balikatan" exercises are the largest combined training operations involving Filipino and American troops. In theory, they are a simulation of joint military maneuvers pursuant to the Mutual Defense Treaty, a bilateral defense agreement entered into by the Philippines and the United States in 1951.

The entry of American troops into Philippine soil is proximately rooted in the international anti-terrorism campaign declared by President George W. Bush in reaction to the tragic events that occurred on September 11, 2001.

On February 1, 2002, petitioners Arthur D. Lim and Paulino P. Ersando filed this petition for certiorari and prohibition, attacking the constitutionality of the joint exercise. They were joined subsequently by SANLAKAS and PARTIDO NG MANGGAGAWA, both party-Iist organizations, who filed a petition-in-intervention on February 11, 2002.

Held: The Court held that no doubt that the US forces are prohibited / from engaging in an offensive war on Philippine territory. Yet a nagging question remains: are American troops actively engaged in combat alongside Filipino soldiers under the guise of an alleged training and assistance exercise? The Court cannot take judicial notice of the events transpiring down south, as reported from the saturation coverage of the media. As a rule, it does not take cognizance of newspaper or electronic reports per se, not because of any issue as to their truth, accuracy, or impartiality, but for the simple reason that facts must be established in accordance with the rules of evidence. It cannot accept, in the absence of concrete proof, petitioners' allegation that the Arroyo government is engaged in "doublespeak" in trying to pass off as a mere training exercise an offensive effort by foreign troops on native soil. The petitions invite the Court to speculate on what is really happening in Mindanao. Wherefore, the petition and the petition-in-intervention were dismissed

People v Lagman, et. Al, 66 Phil. 13

2009-12-08T17:56:00.000-08:00

Facts: In these two cases (G.R. Nos. 45892 and 45893), the appellants Tranquilino Lagman and Primitivo de Sosa are charged with a violation of section 60 of Commonwealth Act No. 1, known as the National Defense Law. It is alleged that these two appellants, being Filipinos and having reached the age of twenty years in 1936, willfully and unlawfully refused to register in the military service between the 1st and 7th of April of said year, notwithstanding the fact that they had been required to do so. The evidence shows that these two appellants were duly notified by the corresponding authorities to appear before the Acceptance Board in order to register for military service in accordance with law, and that the said appellants, in spite of these notices, had not registered up to the date of filing of the information.

The appellants do not deny these facts, but they allege in defense that they have not registered in the military service because Primitivo de Sosa is fatherless and has a mother and a brother eight years old to support, and Tranquilino Lagman also has a father to support, has no military leanings, and does not wish to kill or be killed.

Each of these appellants was sentenced by the Court of First Instance to one month and one day of imprisonment, with the costs.

In this instance, the validity of the National Defense Law, under which the accused were sentenced, is impugned on the ground that it is unconstitutional.

Held: The Court held that The National Defense Law, in so far as it establishes compulsory military service, does not go against this constitutional provision but is, on the contrary, in faithful compliance therewith. The duty of the Government to defend the State cannot be performed except through an army. To leave the organization of an army to the will of the citizens would be to make this duty of the Government excusable should there be no sufficient men who volunteer to enlist therein.

The right of the Government to require compulsory military service is a consequence of its duty to defend the State and is reciprocal with its duty to defend the life, liberty, and property of the citizen. In the case of Jacobson vs. Massachusetts (197 U.S., 11; 25 Sup. Ct. Rep., 385), it was said that, without violating the Constitution, a person may be compelled by force, if need be, against his will, against his pecuniary interests, and even against his religious or political convictions, to take his place in the ranks of the army of this country, and risk the chance of being shot down in its defense. In the case of United States vs. Olson (253 Feb., 233), it was also said that this is not deprivation of property without due process of law, because, in its just sense, there is no right of property to an office or employment. The circumstance that these decisions refer to laws enacted by reason of the actual existence of war does not make our case any different, inasmuch as, in the last analysis, what justifies compulsory military service is the defense of the State, whether actual or whether in preparation to make it more effective, in case of need.

The circumstance that the appellants have dependent families to support does not excuse them from their duty to present themselves before the Acceptance Board because, if such circumstance exists, they can ask for deferment in complying with their duty and, at all events, they can obtain the proper pecuniary allowance to attend to these family responsibilities (secs. 65 and 69 of Commonwealth Act No. 1).

Agustin v EDU, 88 SCRA 195

2009-12-08T17:53:00.000-08:00

Facts: Letter of Instruction No. 229 (1974) as amended by Letter of Instruction No. 479 (1976) required every motor vehicle owner to procure and use one pair of a reflectorized triangular early warning device whenever any vehicle is stalled or disabled or is parked for thirty (30) minutes or more on any street, or highway, including expressways or limited access roads. The implementing rules and regulations prepared by the respondent Land Transportation Commissioner on December 10, 1976 were not enforced as President Marcos, on January 25, 1977, ordered a six-month period of suspension insofar as the installation of early warning device (EWD) as a pre-registration requirement for motor vehicles was concerned. Letter of Instruction No. 716, issued on June 30, 1978 lifted such suspension and in pursuance thereof, the rules and regulations prepared by respondent Commission were approved for immediate implementation by respondent Minister of Public Works and Communication.

Petitioner came to court alleging that Letter of Instruction 229, as amended, clearly violates the provisions of the New Constitution on due process, equal protection and delegation of police power. That it is oppressive, unreasonable, arbitrary, confiscatory and contrary to the precepts of our compassionate New Society.

Held: The Court held that the broad and expansive scope of the police power which was originally identified by Chief Justice Taney of the American Supreme Court in an 1847 decision, as "nothing more or less than the powers of government inherent in every sovereignty." Persons and property could 'be subjected to all kinds of restraints and burdens in order to secure the general comfort, health and prosperity of the state. It is in this sense the greatest and most powerful attribute of government. It is, to quote Justice Malcolm anew, 'the most essential, insistent, and at least illimitable powers,' extending as Justice Holmes aptly pointed out 'to all the great public needs.' Its scope, ever expanding to meet the exigencies of the times, even to anticipate the future where it could be done, provides enough room for an efficient and flexible response to conditions and circumstances thus assuring the greatest benefits.

The LOI in question is deemed not unconstitutional as it was in the exercise of police power as such was established to promote public welfare and public safety. The petition itself quoted these two whereas clauses of the assailed Letter of Instruction: "[Whereas], the hazards posed by such obstructions to traffic have been recognized by international bodies concerned with traffic safety, the 1968 Vienna Convention on Road Signs and Signals and the United Nations Organization (U.N.); [Whereas], the said Vienna Convention, which was ratified by the Philippine Government under P.D. No. 207, recommended the enactment of local legislation for the installation of road safety signs and devices; . . ." It cannot be disputed then that this Declaration of Principle found in the Constitution possesses relevance: "The Philippines . . . adopts the generally accepted principles of international law as part of the law of the land, . . ." The 1968 Vienna Convention on Road Signs and Signals is impressed with such a character. It is not for this country to repudiate a commitment to which it had pledged its word. The concept of Pacta sunt servanda stands in the way of such an attitude, which is, moreover, at war with the principle of international morality.

Ichong v Hernandez, 101 Phil. 115

2009-12-08T17:51:00.000-08:00

Facts: Petitioner, for and in his own behalf and on behalf of other alien residents, corporations and partnerships adversely affected by the provisions of Republic Act No. 1180, brought this action to obtain a judicial declaration that said Act is unconstitutional, and to enjoin the Secretary of Finance and all other persons acting under him, particularly city and municipal treasurers, from enforcing its provisions. Petitioner attacks the constitutionality of the Act, contending among others that: it denies to alien residents the equal protection of the laws and deprives them of their liberty and property without due process of law; it violates international and treaty obligations of the Republic of the Philippines; and its provisions against the transmission by aliens of their retail business thru hereditary succession, and those requiring 100% Filipino capitalization for a corporation or entity to entitle it to engage in the retail business, violate the spirit of Sections 1 and 5, Article XIII and Section 8 of Article XIV of the Constitution.

Republic Act No. 1180 is entitled "An Act to Regulate the Retail Business." In effect it nationalizes the retail trade business. The main provisions of the Act are: (1) a prohibition against persons, not citizens of the Philippines, and against associations, partnerships, or corporations the capital of which are not wholly owned by citizens of the Philippines, from engaging directly or indirectly in the retail trade; (2) an exception from the above prohibition in favor of aliens actually engaged in said business on May 15, 1954, who are allowed to continue to engage therein, unless their licenses are forfeited in accordance with the law, until their death or voluntary retirement in case of natural persons, and for ten years after the approval of the Act or until the expiration of term in case of juridical persons; (3) an exception therefrom in favor of citizens and juridical entities of the United States; (4) a provision for the forfeiture of licenses (to engage in the retail business) for violation of the laws on nationalization, economic control weights and measures and labor and other laws relating to trade, commerce and industry; (5) a prohibition against the establishment or opening by aliens actually engaged in the retail business of additional stores or branches of retail business, (6) a provision requiring aliens actually engaged in the retail business to present for registration with the proper authorities a verified statement concerning their businesses, giving, among other matters, the nature of the business, their assets and liabilities and their offices and principal offices of juridical entities; and (7) a provision allowing the heirs of aliens now engaged in the retail business who die, to continue such business for a period of six months for purposes of liquidation.

Held: The Court held that the Act was approved in the exercise of the police power. It has been said that police power is so far-reaching in scope, that it has become almost impossible to limit its sweep. As it derives its existence from the very existence of the State itself, it does not need to be expressed or defined in its scope; it is said to be co- extensive with self-protection and survival, and as such it is the most positive and active of all governmental processes, the most essential, insistent and illimitable. Especially is it so under a modern democratic framework where the demands of society and of nations have multiplied to almost unimaginable proportions; the field and scope of police power has become almost boundless, just as the fields of public interest and public welfare have become almost all- embracing and have transcended human foresight. Otherwise stated, as we cannot foresee the needs and demands of public interest and welfare in this constantly changing and progressive world, so we cannot delimit beforehand the extent or scope of police power by which and through which the State seeks to attain or achieve public interest or welfare. So it is that Constitutions do not define the scope or extent of the police power of the State; what they do is to set forth the limitations thereof. The most important of these are the due process clause and the equal protection clause.

The equal protection of the law clause is against undue favor and individual or class privilege, as well as hostile discrimination or the oppression of inequality. It is not intended to prohibit legislation, which is limited either in the object to which it is directed or by territory within which it is to operate. It does not demand absolute equality among residents; it merely requires that all persons shall be treated alike, under like circumstances and conditions both as to privileges conferred and liabilities enforced. The equal protection clause is not infringed by legislation which applies only to those persons falling within a specified class, if it applies alike to all persons within such class, and reasonable grounds exists for making a distinction between those who fall within such class and those who do not.

The due process clause has to do with the reasonableness of legislation enacted in pursuance of the police power, Is there public interest, a public purpose; is public welfare involved? Is the Act reasonably necessary for the accomplishment of the legislature's purpose; is it not unreasonable, arbitrary or oppressive? Is there sufficient foundation or reason in connection with the matter involved; or has there not been a capricious use of the legislative power? Can the aims conceived be achieved by the means used, or is it not merely an unjustified interference with private interest? These are the questions that we ask when the due process test is applied.

The conflict, therefore, between police power and the guarantees of due process and equal protection of the laws is more apparent than real. Properly related, the power and the guarantees are supposed to coexist. The balancing is the essence or, shall it be said, the indispensable means for the attainment of legitimate aspirations of any democratic society. There can be no absolute power, whoever exercise it, for that would be tyranny. Yet there can neither be absolute liberty, for that would mean license and anarchy. So the State can deprive persons of life, liberty and property, provided there is due process of law; and persons may be classified into classes and groups, provided everyone is given the equal protection of the law. The test or standard, as always, is reason. The police power legislation must be firmly grounded on public interest and welfare, and a reasonable relation must exist between purposes and means. And if distinction and classification has been made, there must be a reasonable basis for said distinction.

The disputed law was enacted to remedy a real actual threat and danger to national economy posed by alien dominance and control of the retail business and free citizens and country from such dominance and control; that the enactment clearly falls within the scope of the police power of the State, thru which and by which it protects its own personality and insures its security and future; that the law does not violate the equal protection clause of the Constitution because sufficient grounds exist for the distinction between alien and citizen in the exercise of the occupation regulated, nor the due process of law clause, because the law is prospective in operation and recognizes the privilege of aliens already engaged in the occupation and reasonably protects their privilege; that the wisdom and efficacy of the law to carry out its objectives appear to us to be plainly evident — as a matter of fact it seems not only appropriate but actually necessary — and that in any case such matter falls within the prerogative of the Legislature, with whose power and discretion the Judicial department of the Government may not interfere; that the provisions of the law are clearly embraced in the title, and this suffers from no duplicity and has not misled the legislators or the segment of the population affected; and that it cannot be said to be void for supposed conflict with treaty obligations because no treaty has actually been entered into on the subject and the police power may not be curtailed or surrendered by any treaty or any other conventional agreement. The Treaty of Amity between the Republic of the Philippines and the Republic of China of April 18, 1947 is also claimed to be violated by the law in question. All that the treaty guarantees is equality of treatment to the Chinese nationals "upon the same terms as the nationals of any other country." But the nationals of China are not discriminated against because nationals of all other countries, except those of the United States, who are granted special rights by the Constitution, are all prohibited from engaging in the retail trade. But even supposing that the law infringes upon the said treaty, the treaty is always subject to qualification or amendment by a subsequent law , and the same may never curtail or restrict the scope of the police power of the State.

Harvey v Commissioner, 162 SCRA 840

2009-12-08T17:36:00.000-08:00

The hereunder cases that I have posted this month are on Imperium (Art. II, Sec. 3-8 of the 1987 Philippine Constitution) as one of the three prerogatives of the State--- the others are dominium and parens patriae:

1. Harvey v Commissioner, 162 SCRA 840
2. Ichong v Hernandez, 101 Phil 115
3. Agustin v EDU, 88 SCRA 195
3. People v Lagman, 66 Phil 13
4. Lim v Exec. Sec., GR 151445, April 11, 2002

Harvey v Commissioner, 162 SCRA 840

Facts: This is a petition for Habeas Corpus. Petitioners Andrew Harvey and John Sherman, 52 and 72 years, respectively, are both American nationals residing at Pagsanjan, Laguna, while Adriaa Van Den Elshout, 58 years old, is a Dutch citizen also residing at Pagsanjan, Laguna.

The case stems from the apprehension of petitioners on 27 February 1988 from their respective residences by agents of the Commission on Immigration and Deportation (CID) by virtue of Mission Orders issued by respondent Commissioner Miriam Defensor Santiago of the CID. Petitioners are presently detained at the CID Detention Center.

Petitioners were among the twenty-two (22) suspected alien pedophiles who were apprehended after three months of close surveillance by CID agents in Pagsanjan, Laguna. Two (2) days after apprehension, or on 29 February 1988, seventeen (17) of the twenty-two (22) arrested aliens opted for self-deportation and have left the country. One was released for lack of evidence; another was charged not for being a pedophile but for working without a valid working visa. Thus, of the original twenty two (22), only the three petitioners have chosen to face deportation.

Seized during petitioners apprehension were rolls of photo negatives and photos of the suspected child prostitutes shown in salacious poses as well as boys and girls engaged in the sex act. There were also posters and other literature advertising the child prostitutes.

Issue/s: Petitioners question the validity of their detention on the following grounds:

1) Respondent violated Section 2, Article III of the 1987 Constitution prohibiting unreasonable searches and seizures since the CID agents were not clothed with valid Warrants of arrest, search and seizure as required by the said provision.

2) Mere confidential information made to the CID agents and their suspicion of the activities of petitioners that they are pedophiles, coupled with their association with other suspected pedophiles, are not valid legal grounds for their arrest and detention unless they are caught in the act.

Held: There can be no question that the right against unreasonable searches and seizures guaranteed by Article III, Section 2 of the 1987 Constitution, is available to all persons, including aliens, whether accused of crime or not ]. One of the constitutional requirements of a valid search warrant or warrant of arrest is that it must be based upon probable cause.

In this case, the arrest of petitioners was based on probable cause determined after close surveillance for three (3) months during which period their activities were monitored. The existence of probable cause justified the arrest and the seizure of the photo negatives, photographs and posters without warrant . Those articles were seized as an incident to a lawful arrest and, are therefore, admissible in evidence (Section 12, Rule 126, 1985 Rules on Criminal Procedure).

Every sovereign power has the inherent power to exclude aliens from its territory upon such grounds as it may deem proper for its self-preservation or public interest . The power to deport aliens is an act of State, an act done by or under the authority of the sovereign power. It is a police measure against undesirable aliens whose continued presence in the country is found to be injurious to the public good and the domestic tranquility of the people . Particularly so in this case where the State has expressly committed itself to defend the right of children to assistance and special protection from all forms of neglect, abuse, cruelty, exploitation, and other conditions prejudicial to their development (Article XV, Section 3[2]). Respondent Commissioner of Immigration and Deportation, in instituting deportation proceedings against petitioners, acted in the interests of the State.

People v Gozo, 53 SCRA 476

2009-10-26T22:36:00.000-07:00

Facts: Appellant seeks to set aside a judgment of the Court of First Instance of Zambales, convicting her of a violation of an ordinance of Olongapo, Zambales, requiring a permit from the municipal mayor for the construction or erection of a building, as well as any modification, alteration, repair or demolition thereof. She questions its validity on the pretext that her house was constructed within the naval base leased to the American armed forces. While yielding to the well-settled doctrine that it does not thereby cease to be Philippine territory, she in effect seek to emasculate the State's sovereign rights by the assertion that the latter cannot exercise therein administrative jurisdiction.

Issue/s: Whether or not the State can exercise administrative jurisdiction within the naval base leased by the Philippines to the American armed forces.

Held: The Philippine Government has not abdicated its sovereignty over the bases as part of the Philippine territory or divested itself completely of jurisdiction over offenses committed therein. Under the terms of the treaty, the United States Government has prior or preferential but not exclusive jurisdiction of such offenses. The Philippine Government retains not only jurisdictional lights not granted, but also all such ceded rights as the United States Military authorities for reasons of their own decline to make use of. The first proposition is implied from the fact of Philippine sovereignty over the bases; the second from the express provisions of the treaty." There was a reiteration of such a view in Reagan. Thus: "Nothing is better settled than that the Philippines being independent and sovereign, its authority may be exercised over its entire domain. There is no portion thereof that is beyond its power. Within its limits, its decrees are supreme, its commands paramount. Its laws govern therein, and everyone to whom it applies must submit to its terms. That is the extent of its jurisdiction, both territorial and personal. Necessarily, likewise, it has to be exclusive. If it were not thus, there is a diminution of it sovereignty." Then came this paragraph dealing with the principle of auto-limitation: "It is to be admitted that any state may, by its consent, express or implied, submit to a restriction of its sovereign rights. There may thus be a curtailment of what otherwise is a power plenary in character. That is the concept of sovereignty as auto-limitation, which, in the succinct language of Jellinek, 'is the property of a state-force due to which it has the exclusive capacity of legal self-determination and self-restriction.' A state then, if it chooses to, may refrain from the exercise of what otherwise is illimitable competence." 16 The opinion was at pains to point out though that even then, there is at the most diminution of jurisdictional rights, not it appearance. The words employed follow: "Its laws may as to some persons found within its territory no longer control. Nor does the matter end there. It is not precluded from allowing another power to participate in the exercise of jurisdictional right over certain portions of its territory. If it does so, it by no means follows that such areas become impressed with an alien character. They retain their status as native soil. They are still subject to its authority. Its jurisdiction may be diminished, but it does not disappear. So it is with the bases under lease to the American armed forces by virtue of the military bases agreement of 1947. They are not and cannot be foreign territory."

Reagan v CIR, 30 SCRA 968

2009-10-26T22:30:00.000-07:00

Facts: A question novel in character, the answer to which has far-reaching implications, is raised by petitioner William C. Reagan, at one time a civilian employee of an American corporation providing technical assistance to the United States Air Force in the Philippines. He would dispute the payment of the income tax assessed on him by respondent Commissioner of Internal Revenue on an amount realized by him on a sale of his automobile to a member of the United States Marine Corps, the transaction having taken place at the Clark Field Air Base at Pampanga. It is his contention, seriously and earnestly pressed, that in legal contemplation the sale was made outside Philippine territory and therefore beyond our jurisdictional power to tax.

Issue: Whether or not the sale was made outside the Philippine territory and therefore beyond our jurisdictional function to tax.

Held: The Court held that nothing is better settled than that the Philippines being independent and sovereign, its authority may be exercised over its entire domain. There is no portion there of that is beyond its power. Within its limits, its decrees are supreme, its commands paramount. Its laws govern therein, and everyone to whom it applies must submit to its terms. That is the extent of its jurisdiction, both territorial and personal. Necessarily, likewise, it has to be exclusive. If it were not thus, there is a diminution of its sovereignty.

It is to be admitted that any state may, by its consent, express or implied, submit to a restriction of its sovereign rights. There may thus be a curtailment of what otherwise is a power plenary in character. That is the concept of sovereignty as auto-limitation, which, in the succinct language of Jellinek, "is the property of a state-force due to which it has the exclusive capacity of legal self-determination and self-restriction." 7 A state then, if it chooses to, may refrain from the exercise of what otherwise is illimitable competence.

Its laws may as to some persons found within its territory no longer control. Nor does the matter end there. It is not precluded from allowing another power to participate in the exercise of jurisdictional right over certain portions of its territory. If it does so, it by no means follows that such areas become impressed with an alien character. They retain their status as native soil. They are still subject to its authority. Its jurisdiction may be diminished, but it does not disappear. So it is with the bases under lease to the American armed forces by virtue of the military bases agreement of 1947. They are not and cannot be foreign territory.

digests of constitutional law cases

2009-10-26T22:20:00.000-07:00

Once in a while, I will be posting digested constitutional law cases to easen your burden. To kick-off, I will start with the topic on Philippine Sovereignty and Jurisdiction.

Bayan v Zamora (GR No. 138570, October 10, 2000)

Facts: Confronting the Court for resolution in the instant consolidated petitions for certiorari and prohibition are issues relating to, and borne by, an agreement forged in the turn of the last century between the Republic of the Philippines and the United States of America — the Visiting Forces Agreement.

Via these consolidated 11 petitions for certiorari and prohibition, petitioners — as legislators, non-governmental organizations, citizens and taxpayers — assail the constitutionality of the VFA and impute to herein respondents grave abuse of discretion in ratifying the agreement.

Issue/s: Is the VFA governed by the provisions of Section 21, Article VII or of Section 25, Article XVIII of the Constitution? Does the VFA constitute an abdication of Philippine sovereignty? Are Philippine courts deprived of their jurisdiction to hear and try offenses committed by US military personnel?

Held: “Section 21, Article VII deals with treaties or international agreements in general, in which case, the concurrence of at least two-thirds (2/3) of all the Members of the Senate is required to make the subject treaty, or international agreement, valid and binding on the part of the Philippines. This provision lays down the general rule on treaties or international agreements and applies to any form of treaty with a wide variety of subject matter, such as, but not limited to, extradition or tax treaties or those economic in nature. All treaties or international agreements entered into by the Philippines, regardless of subject matter, coverage, or particular designation or appellation, requires the concurrence of the Senate to be valid and effective.

In contrast, Section 25, Article XVIII is a special provision that applies to treaties which involve the presence of foreign military bases, troops or facilities in the Philippines. Under this provision, the concurrence of the Senate is only one of the requisites to render compliance with the constitutional requirements and to consider the agreement binding on the Philippines. Section 25, Article XVIII further requires that "foreign military bases, troops, or facilities" may be allowed in the Philippines only by virtue of a treaty duly concurred in by the Senate, ratified by a majority of the votes cast in a national referendum held for that purpose if so required by Congress, and recognized as such by the other contracting state.

It is the considered view of the Court that both constitutional provisions, far from contradicting each other, actually share some common ground. In both instances, the concurrence of the Senate is indispensable to render the treaty or international agreement valid and effective.

It is a finely-imbedded principle in statutory construction that a special provision or law prevails over a general one. Lex specialis derogat generali. Thus, where there is in the same statute a particular enactment and also a general one which, in its most comprehensive sense, would include what is embraced in the former, the particular enactment must be operative, and the general enactment must be taken to affect only such cases within its general language which are not within the provision of the particular enactment.

Moreover, it is inconsequential whether the United States treats the VFA only as an executive agreement because, under international law, an executive agreement is as binding as a treaty. To be sure, as long as the VFA possesses the elements of an agreement under international law, the said agreement is to be taken equally as a treaty: they are equally binding obligations upon nations.

Worth stressing too, is that the ratification, by the President, of the VFA and the concurrence of the Senate should be taken as a clear and unequivocal expression of our nation's consent to be bound by said treaty, with the concomitant duty to uphold the obligations and responsibilities embodied thereunder.

In the Court's jurisdiction, the power to ratify is vested in the President and not, as commonly believed, in the legislature. The role of the Senate is limited only to giving or withholding its consent, or concurrence, to the ratification.

Beyond this, Article 13 of the Declaration of Rights and Duties of States adopted by the International Law Commission in 1949 provides: "Every State has the duty to carry out in good faith its obligations arising from treaties and other sources of international law, and it may not invoke provisions in its constitution or its laws as an excuse for failure to perform this duty."

Equally important is Article 26 of the Convention which provides that "Every treaty in force is binding upon the parties to it and must be performed by them in good faith." This is known as the principle of pacta sunt servanda which preserves the sanctity of treaties and have been one of the most fundamental principles of positive international law, supported by the jurisprudence of international tribunals

Road balancing exhibition: Onli in d Pilipins

2009-09-24T18:09:00.000-07:00

This video was taken by a friend Vic Molar, during his field works in Bato, Leyte, Philippines.

analysis on performance appraisal systems in government

2009-09-23T20:33:00.000-07:00

Organization is a social system and the worker is indeed its most vital element.

Most of social scientists believe that the failure or success of an organization hinges on the kind of workers involved in that organization. Thus, they uphold the idea that human problems when they stand in the way of every organization’s objectives must be controlled or minimized, if not possibly eradicated. And one way of controlling, minimizing, or eradicating these problems is through the adoption of performance appraisal.

Performance appraisal as a process of evaluating task results is both essential for the development of both management and employee. For management, the results of appraisal are used in making decisions on such matters like compensation upgrading, promotion, transfer, and other employee fringe benefits. These evaluation results are also useful in determining employee’s work improvement or progress, and in making an employee activity plan during the period of employment.

For employees, the results of appraisal provide feedback about their work, and promote fair relationships within groups. Assuming that performance is satisfactory, the appraisal enhances an employee’s self-image and feeling of competence, thus improving his performance and attitudes.

In most Philippine government agencies, the performance appraisal process starts with a supervisor consolidating the task inputs of his subordinates which include productivity numbers, attendance and tardiness reports, and project reports. The supervisor proceeds by assessing the employee’s personal attributes using the 1-2-3-4-5 system of the Trait Rating Scale (TRS) method, and by providing descriptions regarding the strong and weak aspects of the employees’ behavior, and recommending employees’ future trainings and assignments.

The data are then transferred to a performance rating form, and subsequently communicated to the employees through an interview in which the supervisor provides feedback to the employee on past performance, discusses with him problems that have arisen, and elicits from him answers and reactions. Then the two parties both affix their signatures on the said rating form. The employee however has the option to “agree” or “disagree” the ratings made.

Either the employee agrees or disagrees, the performance rating form is transmitted to the personnel department of the agency for preparation of over-all human resource evaluation and findings to be submitted to the Civil Service Commission (CSC) and to the top management for inclusion in the corporate planning.

Before another year commences, top-level executives of government, as part of their management functions, then meet for corporate planning to discuss and set goals and specific objectives of the organization for the incoming year. The results of the planning are then transmitted to the managers and supervisors at the lower echelons who, in turn, communicate them to the people at the lowest level of the organization.

However, this process of cascading the goals and objectives of the organization, a “from-top-to-bottom” approach, has created complex problems affecting the effective implementation of a particular agency's performance appraisal system for it tends to be confronted with criticisms and dissatisfaction among the employees from the rank-and-file level. The goals and objectives formulated by the top management which also involve performance targets are so general as they are focused on the total workforce of the agency that they lack consideration to constraints and barriers peculiar to every division or branch of the whole organization. Thus, there are employees of some divisions or field offices who feel they are more burdened with targets than the others.

The appraisal interview process in which the rater and the ratee talk face-to-face has also been always stressful for both parties as it sometimes emerges to be confrontational, emotional, and judgmental. It is confrontational because each party tries to convince that one view is more accurate than the other; emotional, because the supervisor’s role calls for a critical perspective, and the employee’s desire to “save face” oftentimes leads to defensiveness; and judgmental, because the supervisor must evaluate the employee’s behavior, putting the employee clearly in a subordinate spot.

The first recorded appraisal system in industry was Robert Owen’s use of character books and blocks in his New Lanark cotton mills in Scotland around 1800. Today, however, there are already numerous methods and techniques created for performance evaluation. Yet, most organizations in the world use only the three methods stated below in their employee evaluations. These are also the same methods adopted, or at least, endeavored to be adopted by the Philippine government agencies, namely:
1. The Trait Rating Scale (TRS) or Graphic Rating Scale. It uses a chart or graph containing a set of traits to be considered;
2. The Behaviorally Anchored Rating Scale (BARS). Developed by Smith and Kendall, it is an improvement over the TRS because the important dimensions of a job are listed; and
3. The Management by Objectives (MBO). This method
is the process in which the supervisor and worker of an organization together identify their common goals, define each individual’s major area of responsibility in terms of the results expected, and draw up specific measures to serve as guides in effectively and efficiently operating the unit and in assessing the contribution of every member. MBO was first introduced by Douglas McGregor and Peter Drucker, and was further improved by George S. Odiorne, John Humble, and others.

John M. Ivancevich considers MBO more than just an evaluation program process. He views it as a philosophy of managerial practice, a method by which managers and subordinates plan, organize, control, communicate, and debate. Ivancevich quoted McGregor as saying that the superior in every organization should work with subordinates to set goals. This would enable subordinates to exercise self-control and manage their job performance.

The implementation of internal appraisal system for every government agency in the Philippines took effect on March 25, 1989 under the administration of the Civil Service Commission. It is pursuant to the provisions of Section 5 (b) and 6 of Republic Act 6713, otherwise known as “Code of Conduct and Ethical Standards for Public Officials and Employees”.

Under Sections 5 (b) and 6, all public officials and employees are obliged to submit annual performance reports within forty-five (45) working days from the end of every year. In line of this is the granting of incentives and rewards to public officials and employees who demonstrate exemplary service and conduct to Filipinos in general on the basis of their observance of the norms of conduct laid down in Section 4 of the same Code, namely: commitment to public interest, professionalism, justness and sincerity, political neutrality, responsiveness to the public, nationalism and patriotism, commitment to democracy, and simple living.

The incentives and rewards may take on any form of the following: bonuses, or citations, or directorships in government-owned or controlled corporations, or paid vacations; and automatic promotion to the next higher position suitable to the employee’s qualifications.

The performance evaluation process is administered by the Committee on Awards for Outstanding Public Officials and Employees, composed of representatives from the CSC, Office of the Ombudsman, and Commission on Audit (COA) as assisted by technical experts from the government and the private sectors.

Performance appraisal systems are supposedly, among other things, a program created by government to align corporate and individual performance with goals, standards, and expectations, and to develop a more objective and constructive performance review that encourages self-development. Sadly, these objectives melodic they may sound to every government employees ear, remain unachieved. The appraisal systems of the government are still remote from being reflective to the actual performance of every employee for it lacks consultative venue between the management and workers as evident of its “ from top-to-bottom” approach in target setting.

It has also bestowed immense authority to the supervisors in the semestral evaluation of employee performance that it constantly produces rater-ratee conflicts.

In the sphere of public service, performance appraisal systems of the government have not been able to provide CSC with the accurate profile of the total government workforce for it lacks the dimensions focusing on the norms of conduct clearly laid down in Section 4 of RA 6713, thus depriving the government employees of the recognition and possible awards and incentives they deserve.

The problems faced by the performance appraisal systems could be resolved effectively and fairly if the course followed in the target setting is the “from-bottom-to-top” approach, rather than the other way around.

In the “ from-bottom-to-top” approach, the branches are given the venue to come up with their own targets taking into point the outcome of their own environmental and corporate appraisals. This is, however, a no-picnic process for they are going to submit the result of the target setting to top management and defend it with macro and microeconomic indicators. But, despite of all these complexities, it is important to note that it is the employees who formulate the targets, thus the commitment and dedications to meeting these targets are more honest and firm. This same concept is strongly stressed by modern appraisal philosophy that embodies Drucker and McGregor’s MBO, and which should have been conscientiously adhered by government agencies. As the saying goes, “ if you know where you want to go, you are more likely to get there”.

While the immediate supervisor is in the best position to evaluate and rate employee performance since he is in direct touch with and is in the work place, it must also be reckoned that he also has his biases and favors which may affect the objectivity of the appraisal process.

Hence, for the purpose of objectivity, the agency must also include in the appraisal system the ratings given not just by the supervisor, but also by peers, by a committee or board, and by the ratee himself.

The peer evaluation is desirable to help determine potential supervisors because it indicates the degree of esteem a colleague has for his co-workers.

The use of committee or board on the other hand could make a more reliable appraisal provided that the immediate supervisor is included in the committee since it can offset biases and favors.

Problems can arise however in self-appraisal for there are some poor performers who tend to rate themselves too mildly. Nevertheless, these limitations can be overshadowed by the fact that most government employees are frank and sincere enough in identifying their strengths and weaknesses, and are able to lay with impartiality their performance against previous expectations. Besides, self-evaluations are much less threatening to one’s self-esteem than those received from others. As Newstrom and Davis put it, “self-appraisals provide a more fertile soil for growth and change.”

For government performance appraisal systems to be potent they involve formulate performance evaluation procedures and standards that are congruent with the objectives of the organization.

Procedures and standards of work performance must not be set up arbitrarily. Instead, they must be analyzed from the point of tasks they contain and just what the workers are doing or supposed to be doing. They must encourage workers to give their best efforts to the organization, rather than bring disappointment, and worst, demoralization.

The organizational objectives, on the other hand, must be clear and specific enough that can be understood and identified with even by the lowest ranking worker of the organization. They must also be measurable, time-bound, and most of all, realistic and attainable.

If tomorrow never comes, no seasons in the sun

2009-09-22T18:57:00.000-07:00

Swear it again, I am not a Boyzone fan. I would like to make an emphasis on that. I mean, I am surrounded with gay friends, but sorry I just cannot really relate to their songs. They are not what makes a person a man. I love love songs but not the way they are sung by this “boy” band.

Ok, I admit, I prefer Westlife. Not because they are a creation, a product of one of music industry’s geniuses, my idol, though not American, Mr. Simon Cowell, but because out of their hundreds of songs, two of them strike a cord, and they are “Flying Without Wings” and “If I Let You Go.”

But I will not be talking here, why the aforesaid songs hold a place in my used-to-be unbreakable heart. I am here for you to help me decipher just the title of the song of Boyzone’s front man or frontboy, or frontboy-who-now-is-a-man Ronan Keating’s “If Tomorrow Never Comes.”

The title which begins with “If” establishes a moot and academic discussion, leaving everyone to guess or predict the future. The title is a sine qua non for the happening or non-happening of event. And I believe without strength that Ronan Keating does not have to put "if" in the title because "tomorrow" really does not come. It always is fleeting vision of the present. A mirage.

I asked this fill-in-the-blank question to a group of friends just to make an assurance whether or not there really is a sense with this song, or is it really me who has the problem. "If tomorrow never comes _________ " (then I let them finish the sentence). All of them really made sense out of it by saying: If tomorrow never comes, I will tell those people I care that I love them (obviously they are fans of Boyzone and the song). Some finished the phrase by saying: If tomorrow never comes, I will do and finish all the things that I love to do on this very day. And I was amazed by the way they finished the phrase. And I scolded myself, “C’mon, you’re the only one who cannot make sense out of this title! Do you have a' world of your own'? Or, are you dyslexic ?”

So, to fight back at my nagger-conscience, I asked again the same phrase to the same set of friends, but changing the subject matter, "tomorrow", with another one, "sun". I asked them, “If the sun never comes ____________ (then what?). Some of my friends, ask me back: what kind of question is that? They religiously explained it to me like rocket scientists that even if the sun never shines, it doesn’t mean it never comes. It is just hiding or hidden behind the clouds.

So to cut it short, instead, of seeing the sun, I only saw the moon because the morrow never came.

Looking at the Organization and Financial Management of the Local Government Unit

2009-09-15T01:10:00.000-07:00

The concept of Local governance is not alien to the Filipino people. As a matter of fact, the passage of Local Government Code of 1991 (Republic Act 7160) is an act of going back to their historical roots.

Historical accounts show that the ancient governments in the Philippines were community-based, thus decentralized. Laws always came only from one man, the Datu, sometimes upon the consultation with the Councils of Elders.

That is why, there is no wonder when a latest survey reveals that Filipinos put their trust more to their local officials than the President of the Republic. By nature, Filipinos are so used to a decentralized government in which the exercise of executive, legislative, and judicial power is within their reach, equating the concept of an organization to a pre-Spanish “Barangay” or a “Barrio”.

With that glimpse of the Filipinos’ frame of mind, it is quite safe to suppose that the local government of today as an autonomous organization, and as mandated by the Constitution has brought dynamism to the bureaucracy. The devolution of powers and services has brought advantages to the Filipino people as it simplifies government transactions. The basic services on agriculture, health, social welfare, maintenance of public works and highways, and environmental protection, are readily availed by the Filipino people as they do not need to undergo the ascending order of governmental power to be implemented. Legislation and execution of laws in the form of ordinances are now undertaken even at the barangay level. Hence, there is an efficient mobilization of resources to provide needed services to the constituents.

However, this concept of autonomy as stated in the Constitution is mixed with contradictions. One contradiction is the apparent overlapping of authorities and responsibilities among the three-tiered structures of local government--- provincial/chartered city, municipal, and barangay level. There are instances when the provincial governments intervene with the affairs of the municipalities, and the municipalities with the barangays.

The other contradiction is between the concept of autonomy and the imposed accountability of the local government to the national government. As the Constitution mandates that the states “shall ensure the autonomy of local government”, it also requires the Office of the President to exercise supervision over local government. So how can an organization be autonomous when it is still under the regulation of other body or organization?

But the biggest problems constantly faced by local government is not primarily on its organizational structure but in the aspect of financial management--- the inadequacy of locally-raised funds thereby leading to heavy dependence on the national budget, and the lack of transparency and effectiveness in managing expenses and budget procedures.

Even if Article 10 of the Constitution grants each local government unit the power to create its own sources of revenue and to levy taxes, in reality, they are hard to do. Politicians are afraid to exercise such power as it possibly alienates voters in the coming elections, considering that most Filipinos have negative attitude towards taxation.

For every local government unit to reach its full potential as intended by the 1991 Local Government Code, it must have the political will in finding ways to improve its financial management, specifically in the area of internal auditing, budgeting, expenditure management, borrowing and debt management, and most of all, taxation.

On the other hand, the national government must support or even spearhead programs to improve local government code and other related laws and regulations, and to train the local government officials and officers about efficient and effective governance.

All these undertakings will certainly contribute to the utmost welfare of the local constituency without requiring additional transfer of funds from the national government.

Remembering the John Qs

2009-09-13T19:39:00.000-07:00

The film John Q, despite of its thin plot as it is centered only on the struggle of parents, a father specifically, to save a son from death, has succeeded in gluing audience to their seats through the unpredictability of subplots and richness of its characters. The characters are so well thought and well developed that they effectively depict the faces, not just of every American, but of today’s every man.

Among the characters who stand out and can easily be remembered and whom audience can relate to are the hospital administrator Rebecca Payne (portrayed by Anne Heche) and the City Police Chief Monroe (Ray Liota). That without forgetting also the other brilliant performers in the movie: Denzel Washington on the lead role as John Q. Archibald, and the legendary Robert Duvall (Lt. Frank Grimes) and James Wood (Dr. Turner).

Rebecca Payne is the epitome of a worker who seems so inoculated to horrid situations that she becomes numbed and mechanized. Focusing only on the primary purpose of her duty as administrator, which is to maintain the status quo of the hospital and to maximize profit of the business, that she has forgotten her humanity. To her, life in itself is a crisis, a struggle, and there is no human being who can do about it; people get sick, they go to the hospital, they either get well or die, and they pay their bills. And the survivors go on living; and the hospital business goes on in circle, without stopping at anybody’s wellness or death.

Chief Monroe on the other hand represents those people in our society, some of whom are politicians, who are hungry for power and prestige. He works more for positive public image than for spiritual growth. Without the consideration of conscience, life to him is his market value, that price tag pinned on his vest by his superior. He looks at the crisis of other people as an opportunity for self-aggrandizement, to be a “hero” in front of the public, without considering morality in his act. Unfortunately for him, in this movie, such display of chauvinism does not pay off.

The reaction of the people to the hostage crisis as brought by the media into their very homes does not serve the police officers well. In situations like a hostage drama, always the public opinion is influenced by the point of view of the media. And that is what makes the reaction typical. The people love John because the media projects him as a lovable man --- a good man victimized by an unfair system or situation. They love John because, in one way or another, they get a glimpse of their own selves in him. The reaction could have been different if the media projected his image the total opposite--- a wicked man bringing havoc inside a hospital facility. Besides, people love the underdogs, and it happens John is one. Hence, automatically, just like in the soap operas we love, the antithesis, like the police, becomes the nemesis.

According to Newstrom and Davis in their book, Organizational Behavior, human needs are not of equal strength, but may emerge in some priority pattern. As in the case of John, the priority need for his son’s heart transplant fall under what Maslow considered as the first two-need levels or typically called as lower-order needs: physiological needs, and safety and security needs. It is the need for economic security that he falls short of since he and his wife Denise (Kimberly Elise) both have unstable jobs. They maybe able to provide their son Mike with basic necessities as food, shelter, and clothing, and send him to a decent school, but they do not have enough financial fund to secure their future against contingencies like sickness and disability. Such unachieved need for economic security can propel anyone to take such unusual and desperate actions as that of John.

“They are releasing him, now you need to do something! Do you hear me? Do something!” Denise shouted at her husband John over the phone. This statement commences the climax of the story as it brings John’s life at the crossroads. It pushes him to think where to go as a member of society, as a husband, and especially as a father, leading him ultimately to follow the road less traveled.

The cry of Denise “to do something” is so loaded with messages. On the superficies, it asks John to decide and act hastily as a “parent to save a dying son”. But it is not just about being a parent, for John could have also retorted: “How about you Denise, shouldn’t you also do something?” In a more in-depth analysis the message is a reminder of the gender roles every one of us follow on daily basis as dictated by the society. Otherwise, the audience could have also seen a Denise, instead of a John, holding hostages inside a hospital facility.

Fatherhood, before it is attached to parenthood, is first and foremost a gender. It is manliness. Fathers are male species who are expected by the society to be independent strong achievers, always in control, and who are, most of all, financial providers. The absence of these qualities makes a father weakling, “no balls”, and sissy. “Do something John! For God’s sake, you’re the ‘man’ in this house!” some women love to say that to their very husbands’ faces in the midst of crisis.

John Q is not just a story about the love of parents to a child, nor about the inequalities in any form (working conditions, access to health insurance, etc.). In its depth, the film is a story of redemption for people who are willing to change their indifferent hearts, and to find and regain their lost humanity.

Fame, power, and fortune (and paparazzi)

2009-09-13T19:33:00.000-07:00

If you have these three: fame, power, and fortune, you have the whole world in your hand. Although, like a bargain “buy-two-take-one”, you only have to work for two to acquire the other one basically for free.

Say, If you are a wealthy politician, it is easy for you to buy people to put you in the limelight and make you the most well-dressed, sexiest man in the planet. Inviting Mikey Arroyo to a dinner can earn you tip-offs from the man himself.

Or if you are a wealthy actor, you can run with less effort for presidency and win. No need to say names, but you know who they are. The first one won and was impeached; the other one won but was cheated (Hello, Garci?).

Or if you are an actor-politician, you can use your power and charisma to amass fortune. Some people know these actor-politicians who are involved in jueteng payola and kidnapping.

However, of the three, the most sought is fame. It is the most convenient portal to power and then to fortune. If power and fortune are the sash and the staff, fame is the crown.

That is why one can keep wondering why some celebrities are said to be afraid of fame? Turtles despising the water, they accuse media, ironically through the televisions and entertainment papers, of “invasion” of their privacy and private parts. Thankfully, they are redeemed by the likes of Madame Auring and Mystika who voluntarily flaunt their souls in public without being egged on.

By the look on her youthful face, Madame Auring enjoys the attention showered on her by media, much so that she knows there are other SGs (Sugar Grandmas) so envious at her for being “swarmed” by younger men.

And here is Mystika crying, cursing, and naming names at a certain singer-cum-starlet on national televisions for allegedly carting her boyfriend away. “She’s a snake!” Mystika hissed in front of the public, synchronal with her famous (or infamous, however you see it) salivating “dance split”.

In this humble republic of ours however, clashes between celebrities and reporters are not so rampant in compare with most of the countries in Europe and America, which encounters are more physical and brutal, resulting sometimes in tragedy. In the US, for instance, it is an emerging fad for a celebrity to show a dirty “f” sign in front of a camera when ambushed with interviews and, or taken unwanted pictures.

Celebrity and media clashes take place also in other parts of Asia from time to time. The sensational European superstar Bjork, in one of her rare visits to Asia, once attacked an unsuspecting reporter like a fierce tiger inside a Hongkong airport. And just recently, the highly revered Sir Elton John called a Taiwanese reporter “ a rude, vile pig”.

Both Bjork and Elton John justify their acts by using the “invasion of privacy” alibi. But some surmise that it is not the primary reason at all. These super beings, purely egotistical, detest the fact that they do not get direct financial perks from ambushed interviews and pictorials.

At the height of the issue on the death of Princess Diana, a famous paparazzi asked in acerbic tone: “ And what do these egotistical maniacs want us to be? Their lap dogs?”

Celebrities cannot just flick their fingers at a reporter every time they want to be interviewed and taken pictures to promote their new films or to boost the sales of their new CDs, because that is not how business relationship works. Paparazzis need as a matter of survival to get unwanted pictures and details from celebrities to sell them to their editors at higher price. The more shocking the pictures and news leads, the higher the cash worth they get. That is symbiotic, love-hate relationship. Ethics as a subjective idea, thus vague and debatable, has no room in it.

If a reporter is tired of chasing celebrities, he must retire, so is a celebrity tired of hiding from media men. For both the media and the celebrities know that it is in their hating and loving that the public patronizes them.

Fame, like fortune and power, cannot be a free lunch.

A Hollywood actor once pleaded: “Hate me, love me, but please, don’t ignore me.”

Who is Afraid of Dolly?

2009-08-18T20:55:00.000-07:00

Whether or not the research on stem cell should carry through has always been an incessant debate, not just in the US and other developed countries like France and Canada, but also in striving countries like ours, the Philippine Republic.

The debate comes out of fear on “human cloning” which may possibly create large moral impact to a world that is said to be respecting and upholding the uniqueness of every human being.

The stem cell issue, if one looks at it through a microscope is just another instinctual reaction to every man’s fear of the unknown. The “I don’t know it, what if…” syndrome.

Since the genesis of human life, the world has always been a chaotic place to inhabit. Chaos however does not come from the world, but from the man who dwells in it. It is man who breeds chaos to himself and to the world, and ultimately brings about his own destruction and all the things around him.

All the things in the world remain neutral entities until man uses them for or against himself or other things. To explicate is a Bolo that can be used by a farmer either in planting crops or in hacking to death an enemy.

The stem cell research does not alter or tinker with the natural law of things, for its noble purpose is to discover new effective ways to prolong the life expectancy of a human being, thus uplifting his well being. It can never be a Tower of Babel for it does not question the existence of God, nor tries to contest His power.

On the other side of the coin, without the intention of being preemptive, or worst, sacrilegious, it could be God’s own gift, an iota of intelligence given to man to armor himself from the rapidly changing and mutating very complex faces of evil--- man’s sickness and diseases.
The stem cell could spare man from the dreaded Ragnarok of Norse mythology: The end of all things, when evil triumphs over good.

the prospects of a nursing career at the department of education in the context of job satisfaction

2009-04-29T00:26:00.000-07:00

For academic pursuit, I would like to share with you the abstract of my MPA thesis:

The College of Maasin
“Nisi Dominus Frustra”
Maasin City

Title: THE PROSPECTS OF A NURSING CAREER AT THE DEPARTMENT OF EDUCATION IN THE CONTEXT OF JOB SATISFACTION

Author: Porferio A. Salidaga, Jr.

ABSTRACT

Studies on job satisfaction have grown in recent years because of their basic importance to the understanding of a worker’s behavior and the continuous effective operations of organizations. Stordeur et al. (2001) contend that the higher an employee’s job satisfaction and work commitment, the lower is his intention to leave the workplace.
In the Philippines, nurses have been constantly exposed to considerable internal and external organizational issues which could have negative effects on their level of job satisfaction. Several literature on nursing have raised the issues on heavy workload, poor working conditions, meager compensation packages, poor interpersonal relationships, weak leadership, non-recognition of exemplary work, and lack of opportunities for career growth as possible major factors of work stress and dissatisfaction. These issues may serve as possible causes for nurses to reconsider their long-range work options and seek opportunities outside their chosen career.
It is based on the abovementioned scenario that the researcher developed the interest to examine the prospects of a nursing career at the DepEd by looking into the demographic profile and the level of job satisfaction among public school nurses, and their perceptions towards sufficiency in remuneration and other monetary benefits, non-monetary benefits, budget allocation and career advancement.
Using the Descriptive Method, the research was conducted at the School Health and Nutrition Section (SHNS) of DepEd, Southern Leyte Division where the thirty (30) respondents are working.
Three (3) questionnaires were used in the gathering of data, namely: 1.) Respondent’s Profile Questionnaire, a 9-item instrument developed to gather information regarding work life variables which might affect the DepEd nurses’ job satisfaction; 2.) Level of Sufficiency on Benefits, Budget Allocation and Career Advancement Questionnaire; and 3.) the Short-Form Minnesota Satisfaction Questionnaire (MSQ) which represents the twenty dimensions of the job. The statistical tools used in the analysis of data were frequencies and percentages, and mean.
Findings of the study revealed that majority of the DepEd nurses have only been working with the agency from 2 to 10 years. 23.3% of them has attended masteral programs, but no one has finished Master of Arts nor has reached the doctoral level. Already holding permanent positions, the respondents are dominantly married and young, with age bracket ranging from 31 to 40 years of age. Most of them are assigned to workstations 4 to 30 kilometers away from their residences.
In terms of remuneration and other monetary benefits, majority of the DepEd nurses find their transportation and field work allowances, and medical and hospitalization to be very insufficient; and their monthly salary, PERA and ADCOM, and step increment to be insufficient. They however find their hazard pay, year-end bonus and cash gift, productivity incentive, and clothing allowance to be sufficient. On the other hand, in terms of non-monetary benefits, the DepEd nurses reported them to be very insufficient, so are the budget allocated for their department, and the opportunities provided by management for career advancement.
Over all, the DepEd nurses are satisfied with their job. However, they are dissatisfied in the aspect of human relations supervision, technical supervision, company policies and practices, compensation, and advancement.
The researcher was able to conclude and generalize that only a small percentage of the total population of nurses would stay with DepEd beyond ten years. They either transfer to other organization, or change other career paths. The dominance of young nurses indicates that majority of them do not stay with DepEd until retirement, but only until they gain enough experience or find better opportunities. As perceived by the DepEd nurses, there is a level of insuffiency given to them by the organization in terms of remuneration and other benefits, non-monetary benefits, budget allocation, and career advancement. They appeared to have been satisfied with their job, except in the aspect of supervision, company policies and practices, compensation, and advancement.
Based on the conclusion and generalization, the researcher has recommended the DepEd management to revisit and effect changes in their human resource policies and programs particularly on the compensation packages. The budget allocations for nurses must be directed towards the increase of salary and other monetary benefit increases, purchase of office supplies, fixtures and furnitures, and improvement of laboratory equipment and facilities. Career advancement programs such as career relevant trainings, scholarships and job promotions must also be regularly implemented as well as constant reorientation on the company policies and best practices to inculcate positive culture among the employees. And, lastly, supervisory trainings for supervisors must also be regularly conducted to improve and develop their human relations and technical skills.

sharing my first year law notes: natural resources

2009-04-28T23:15:00.001-07:00

LAW ON NATURAL RESOURCES

Part I
Public Land Act
(Commonwealth Act. No. 141

Governing Law

CA No. 141, otherwise known as “The Public Land Act”, was enacted on November 07, 1936.

Its provisions apply to lands of the public domain; but timber and mineral lands are governed by special laws.

Policy Considerations

The Department of Environment and Natural Resources (DENR) shall be in charge in carrying out the State’s constitutional mandate to control and supervise the exploration, development, utilization, and conservation of the country’s natural resources.

Regalian Doctrine

Under Section 2, Article XII of the Constitution embodies the Regalian Doctrine – all lands of the public domain belong to the State – the source of any asserted right to ownership of land.

With the exception of agricultural lands, all other natural resources shall not be alienated.

The Regalian Doctrine reserves to the State all natural wealth that may be found in the bowels of the earth even if the land where the discovery is made be private.

Imperium and Dominium

Imperium – the government’s concept of sovereignty over public land;

Dominium – the government’s capacity to own or acquire property.

The Indigenous Peoples Rights Act (IPRA) of 1997

Under RA No. 8371 (IPRA), indigenous peoples may obtain the recognition of their right of ownership over ancestral lands and ancestral domains by virtue of native title.

Organizational Structure

The Public Land Act provides that the Secretary of the DENR is the executive officer charged with carrying out the provisions of the Public Land Act, through the Director of Lands.

The decision of the Director of Lands may be annulled or reviewed when issue involves the question of law or based upon a misconstruction of the law. However, a question of fact is conclusive and not subject to be reviewed by the courts.

Under EO No. 192, the newly created Lands Management Bureau (LMB) as headed by a Director, shall advise the DENR Secretary on matters pertaining to rational land classification management and disposition

Doctrine of Primary Jurisdiction

Courts cannot and will not resolve a controversy involving a question which is within the jurisdiction of an administrative tribunal, especially where the question demand the exercise of sound administrative discretion requiring the special knowledge, experience and services of the administrative tribunal to determine technical and intricate matters of fact.

Exhaustion of Administrative Remedies

As a general rule, recourse through court action cannot prosper until all remedies have been exhausted at the administrative level.

Classification of Lands

Government lands are classified into two:

1. Lands of the public domain – either alienable or inalienable.

2. Lands of private domain – lands belonging to and owned by the State as a private individual, without being devoted for public use.

Under the Civil Code, government lands can either be:

1. Properties of the public dominion – those intended for public use.

2. Patrimonial properties of the State – not or no longer intended for public use.

Under the 1987 Constitution, lands of public domain are classified into four (4) categories:

1. Agricultural
2. Forest or timber
3. Mineral
4. National parks

Of the four, it is only the agricultural lands may be disposed in accordance with law.

Classification of Lands Under the Public Land Act

1. Alienable or disposable lands
2. Timber lands
3. Mineral lands

The President may at any time and in a like manner transfer such lands from one class to another, for the purposes of their administration and disposition.

Classification of Public Lands Open to Disposition

1. Agricultural
2. Residential, commercial, industrial, or for similar productive purposes
3. educational, charitable, or other similar purposes
4. Reservations for town sites for public and quasi-public uses.

Classification of Lands an Executive Prerogative

Before the government could alienate or dispose of lands of the public domain, the President (thru the DENR) must first officially classify these lands as alienable or disposable.

“Government Land” and “Public Land” Distinguished

The two are not synonymous terms; the first includes not only the second, but also other lands of the government already reserved or devoted to public use or subject to private right.

Modes of Disposition

No Public Land can be Acquired Except by a Grant from the State

It is indispensable that there be a showing of Title from the State that may come in the form of a homestead, sales or free patent or grant.

Only Alienable and Disposable (A&D) may be the Subject of Disposition

Occupation thereof in the concept of owner, no matter how long, cannot ripen into ownership and be registered as a title.

The applicant’s remedy lies in the release of the property from its present classification.

Specific Modes of Disposition

Public lands suitable for agricultural purposes can be disposed of only as follows:

1. For homestead settlement
2. By sale
3. By lease, and
4. By confirmation of imperfect or incomplete titles:
a. by judicial legalization – may apply to the Regional Trial Court where the land is located for the confirmation of their claims and the issuance of a certificate therefore, under the Property Registrration Decree.
b. by administrative legalization (free patent) – any natural-born citizen of the Philippines who is not the owner of more than 12 hectares, and who, for at least 30 years prior to the effectivity of the amendatory act, has continuously occupied and cultivated a tract or tracts of land for disposition, who shall have paid the real estate tax land subject to disposition.

For homestead settlement
· Any citizen of the Philippines
· Over the age of 18 or head of the family
· A homestead of the not exceeding 12 hectares
· Applicant must have cultivated and improved at least one fifth of the land continuously
· Resided at least one year in the municipality

Homestead patent granted has the force and effect of a Torrens title.

Sale of public agricultural lands
· Any citizen of the Philippines
· Of lawful age or head of the family
· Applicant may purchase not to exceed 12 hectares which shall be sold thru sealed bidding

The purchase price may be paid in full or in not more then 10 annual equal installments from the date of the award.

Lease
· Any citizen of the Philippines
· Of lawful age; and
· Any corporation of which at least 60% of the capital stock belong wholly to the citizens of the Philippines

Non-registrable Properties

1. Property of public dominion
· Intended for public use
· Intended for some public service

2. Forest lands

3. Watersheds

4. Mangrove swamps

5. Mineral lands

6. National parks

7. Military or naval reservation

8. Foreshore and reclaimed lands

9. Submerged areas

10. Lakes

11. Navigable rivers

12. Creeks

13. Reservations for public and semi-public purposes

Classification and Disposition of Lands for Residential, Commercial or Industrial Purposes

1. Lands reclaimed by the government by dredging, filling, or other means

2. Foreshore;

3. Marshy lands or lands covered with water bordering upon the shores or banks of navigable lakes or rivers;

4. Lands not included in any of the foregoing classes.

The lands comprised in classes 1,2, and 3 shall be disposed of to private parties by lease only.

Conditions of the Lease

The lessee shall construct permanent improvements appropriate for the purpose, shall commence the construction within 6 months from the date of the award.

At the expiration of the lease, all improvements made by the lessee shall become the property of the Government.

Lands for Residential, Commercial or Industrial Purposes Shall be Disposed of through Oral Bidding (Except direct sale)

Sale of Lands Within Military Reservations

Priority shall be given to bona fide occupants and then to war veterans.

Cadastral Registration Proceedings

The cadastral system of registration constitutes another means of bringing lands under the operation of the Torrens system. The purpose is to serve public interests by requiring that the titles to such lands “be settled and adjudicated.”

Friar Lands

The so-called friar lands were purchased by the government for sale to actual occupants. These lands are not public lands but private or patrimonial property of the government and their acquisition is not governed by the provisions of CA 141 (Public Land Act).

Action for Reversion

Director of Lands has Continuing Authority to Investigate Fraudulent Issuance of Patents

Government Initiates an Action for Cancellation of Title and Reversion

Lands of the public domain fraudulently awarded to the applicant may be recovered or reverted back to its original owner, the government. An action for reversion has to be instituted by the Solicitor General.

Action for Nullity of Land Titles Distinguished from Reversion

Nullity of land is based on the fact that the land is beyond the jurisdiction of Director of Lands to bestow
Reversion of land is based on fraudulent claim

Prohibited Alienations

No alienation, transfer, or conveyance of any homestead after 5 years and before 25 years after issuance of title shall be valid without the approval of the Secretary of DENR.

Procedure, Legal Restrictions and Encumbrances

1. The full name of applicant, his age, place of birth, citizenship, civil status, and post-office address.

2. That the applicant has all the qualifications.

3. That he has none of the disqualifications.

4. That the application is made in good faith.

5. That the application is made for the exclusive benefit of the applicant

6. Accurate description of the land.

7. Whether all or part of the land is occupied or cultivated or improved.

8. That the land applied for is neither timber or mineral.

In case of death of applicant or grantee before the issuance of the patent or final grant of the land, he shall be succeeded by his heirs in law.

All other natural resources shall remain with the State.

Land is subject of public servitudes, right of way not exceeding 20 meters in width.

Private corporations disqualified from acquiring lands of the public domain except by lease for a period not exceeding 25 years, renewable for not more than 20 years and not to exceed one thousand hectares in area.
Part II
Revised Forestry Code
(Presidential Decree No. 705)

Governing Law

PD 705, otherwise known as the “Revised Forestry Code of the Philippines,” is the law governing the management and utilization of forest lands.

The law places emphasis not only on the utilization of forest resources but more so on the protection, rehabilitation and development of forest lands, in order to ensure the continuity of their productive condition.

Definition of Terms

(a) Public forest – is the mass of lands of the public domain which has not been the subject of present system of classification.

(b) Permanent forest or forest reserves – refer to those lands of the public domain which have been the subject of the present system of classification and determined to be needed for forest purposes.

(c) Alienable and disposable lands – refer to those lands of the public domain which have been the subject of the present system of classification and declared as not needed for forest purposes.

(d) Forest lands – include the public forest, permanent or forest reserves, and forest reservations.

(e) Grazing land – refers to that portion of the public domain which had been set aside for the raising of livestock.

(f) Mineral lands – refer to those lands of the public domain which have been classified as such by the Secretary of Natural Resources in accordance with prescribed and approved criteria, guidelines and procedure.

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

(h) National park – refers to a forest land reservation which has been withdrawn from settlement or occupancy and set aside as such exclusively to preserve the scenery, the natural and historic objects and the wild plants and animals therein, and to provide enjoyment of these features in such a manner as will leave them unimpaired for future generations.

(i) Game refuge or bird sanctuary – refers to a forest land designated for the protection of game animals, birds and fish and closed to hunting and fishing in order that the excess population may flow and restock surrounding areas.

(j) Marine parks – refer to any off-shore area inhabited by rare and unique species of marine flora and fauna.

(k) Seashore park – refers to any public shore area delimited for outdoor recreation, sports fishing, waterskiing and related healthful activities.

(l) Watershed reservation – is a forest land reservation established to protect or improve the conditions of the water yield thereof or reduce sedimentation.

(m) Watershed – is a land area drained by a stream or fixed body of water and its tributaries having a common outlet for surface run-off.

(n) Critical watershed – is a drainage area of a river system supporting existing and proposed hydro-electric power and irrigation works needing immediate rehabilitation as it is being subjected to a fast denudation causing accelerated erosion and destructive floods. It is closed from logging until it is fully rehabilitated.

(o) Mangrove – is a term applied to the type of forest occurring on tidal flat along the seacost.

(p) Kaingin – is a portion of the forest land which is subjected to shifting and/or permanent slash-and-burn cultivation having little or no provision to prevent soil erosion.

(q) Forest product – means timber, pulpwood, firewood, bark, tree top, resin, gum, wood, oil, beeswax, honey, rattan, or other forest growth, the associated water, fish, game, scenic, historical, recreational and geologic resources in forest lands.

(r) Industrial tree plantation – is any tract of forest land purposely and extensively planted to timber crops primarily to supply the raw material requirements of existing or proposed processing plants and related industries.

(s) Tree farm – refers to any tract of forest land purposely and extensively planted to trees of economic value for their fruits, flowers, leaves, barks, or extractives, but not for the wood thereof.

(t) Selective logging – means the systematic removal of the mature, over-mature and defective trees in such a manner as to leave adequate number and volume of healthy residual trees of the desired species for the protection and conservation of soil and water.

(u) Lease – privilege granted by the State to a person to occupy and possess, in consideration of specified rental, any forest land of the public domain in order to undertake any authorized activity therein.

(v) License – is a privilege granted by the State to a person to utilize forest resources, without any right of occupation and possession over the same.

(w) License agreement – is a privilege granted by the State to a person to utilize forest resources, without any right of occupation and possession over the same, but with the obligation to develop, protect, and rehabilitate the same in accordance with the terms and conditions set forth in said agreement.

(x) Permit – is a short-term privilege or authority granted by the State to a person to utilize any limited forest resources without any right of occupation and possession therein.

(y) Ecosystem – means the ecological community considered together with non-living factors and its environment as a unit.

(z) Silviculture – is the establishment, development reproduction and care of forest trees.

(aa) Private right – refers to titled rights of ownership under existing laws, which possession may include places of abode and worship, burial grounds, and old clearings, but excludes production forest inclusive of logged-over areas, commercial forests and established plantations of forest trees and trees of economic value.

Organizational Structure

The Department of Environment and Natural Resources; Mandate

It is DENR shall be primarily responsible for the implementation of the policy of the State to ensure, for the benefit of the Filipino people, the full exploration and development as well as the judicious disposition, utilization, management, renewal and conservation of the country’s forest…

Policy determination by the executive branch on the proper management of forest resources cannot as a rule be inferred with by the courts. It is addressed to the sound duiscretion of government agencies entrusted with the regulation of activities coming under the special technical knowledge and training of such agencies.

Forest Management Bureau is implementing the provisions of the Code. It shall have jurisdiction and authority over all forest land, grazing lands, and all forest reservations including watershed reservations.

The Bureau is directly under the control and supervision of the DENR Secretary.

The Bureau shall regulate the establishment and operation of sawmills, veneer and plywood mills and other wood processing plants.

All actions and decisions of the Bureau Director are subject to review, motu proprio or upon appeal of any person aggrieved thereby, by the DENR Secretary whose decisions shall be final and executory after the lapse of thirty (30) days from receipt of the aggrieved party of said decision., unless appealed to the President in accordance with EO No. 19, s. 1966.

Exhaustion of administrative remedies – it calls for resort first to the administrative authorities in the resolution of a controversy falling under their jurisdiction before the same may be elevated to the courts of justice for review.

It is an established doctrine that the decisions and orders of administrative agencies have, upon their finality, the force and binding effect of final judgment within the purview of res judicata.

Res judicata – the rule forbids the reopening of a matter once determined by competent authority acting within their exclusive jurisdiction.

Laches – the failure or neglect for an unreasonable and unexplained length of time to do that which by exercising due diligence, could or should have been done earlier, or to assert a right within a reasonable time, warranting a presumption that the party entitled thereto has either abandoned it or declined to assert it.

Jurisdiction

The Bureau has jurisdiction and authority over all forest lands, grazing lands, and all forest reservations, including watershed reservations presently administered by other government agencies or instrumentalities. Forest lands are within the exclusive jurisdiction of the Bureau and beyond the power and jurisdiction of the courts to register under the Torrens system.

Legality of the closure of a logging road is a judicial question. It is beyond the power and authority of the Bureau to determine the unlawful closure of a passage way. Not every activity inside a forest area is subject to the jurisdiction of the Bureau.

Classification of Surveys

Classification

The DENR Secretary shall study, devise, determine and prescribe the criteria, guidelines and methods for the proper and accurate classification and survey of all lands of the public domain into agricultural, industrial or commercial, residential, resettlement, mineral, timber or forest, and grazing lands, and into such other classes as now or may hereafter be provided by law, rules and regulations.

Concept of Forests and Forest Lands

There is a big difference between “forest” as defined in a dictionary and “forest or timberland” as a classification of lands of the public domain in the Constitution. One is descriptive of what appears on the land while the other is a legal status, a classification for legal purposes. Forests, in the context of both the Public Land Act and the Constitution classifying lands of the public domain do not necessarily refer to a large tract of wooded land or an expanse covered by dense growth of trees and underbrush.

Public forests or forests reserves are not capable of private appropriation.

Unclassified land cannot be acquired by adverse occupation or possession; occupation thereof in the concept of owner, however long, cannot ripen ownership and be registered as title.

Topography

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

Lands eighteen percent (18%) in slope or over which have already been declared as alienable and disposable shall be reverted to the classification of forest lands by the DENR Secretary, to form part of the forest reserves, unless they are already covered by existing titles or approved public land applications or actually occupied openly, continuously, adversely and publicly for a period of not less than thirty (30) years of the effectivity of the Code, where occupant is qualified for a free patent under the Public Land Act (CA No. 141, as amended).

Areas Needed for Forest Purposes

The following lands, even if they are below 18 percent in slope, are needed for forest purposes:

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

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

(c) areas which have already been reforested;

(d) areas within forest concessions;

(e) ridge tops and plateaus found within, or surrounded wholly or partly by, forest lands where headwaters emanate;

(f) appropriately located road-rights-or-way;

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

(h) strips of mangrove or swamplands at least twenty (20) meters wide, along shorelines facing oceans, lakes and other bodies of water; and strips of land at least twenty (2) meters wide facing lakes;

(i) areas needed for other purposes, such as national parks, etc.;

(j) areas previously proclaimed by the President as forest reserves, national parks, etc.

The maximum period of any privilege to harvest timber is 25 years, renewable for a period, not exceeding 25 years.

Timber utilization shall be limited to that which a person may effectively utilize and develop for a period of 50 years.

Mangrove swamps are in the category of forest lands and the Bureau of Fisheries and Aquatic Resources has no jurisdiction to administer or dispose them.

Forest lands are not registrable until they are released as disposable and alienable.

Any title issued on non-disposable lots even in the hands of an alleged innocent purchaser for value, shall be cancelled.

All roads and infrastructure constructed by holders of license agreements, licenses, leases and permits belong to the State.

Regalian Doctrine

Under Section 2, Article XII of the Constitution embodies the Regalian Doctrine – all lands of the public domain belong to the State – the source of any asserted right to ownership of land. All lands not appearing to be clearly of private dominion presumptively belong to the State.

Reservation of land, covered by a timber concession, for experiment station vests in the grantee full ownership thereof.

Utilization and Management

Preservation and protection of forests is in adherence to public policy.

Principle of inter-generational responsibility. “…the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature.” (Sec. 16, Article II of the Constitution. Every generation has a responsibility to the next to preserve that rhythm and harmony for the full enjoyment of a balanced and healthful ecology.

A timber license is not a contract but a mere privilege which does not create irrevocable rights.

Industrial tree plantations and tree farms

A lease for a period of twenty-five (25) years, renewable for another period not exceeding twenty-five (25) years, for the establishment of an industrial tree plantation or a tree farm may be granted by the DENR, upon recommendation of the Director with minimum area of 1,000 hectares for industrial tree plantation and 100 hectares for tree farm.

No lease shall be granted within critical watersheds.

Forest Protection

Control of Concession Area

Regulation of Timber Utilization in All Other Classes of Lands and of Wood-processing Plants

Swamplands and Mangrove Forests

Visitorial Power

The DENR Secretary, by himself or through the Director or any qualified representative, may investigate, inspect and examine records and other documents relating to the operation of a license agreement, license, lease or permit, and its subsidiary or affiliated companies, to determine compliance with the terms and conditions thereof.

Authority of Forest Officers

When in performance of their official duties, forest officers shall have free entry into areas covered by license agreement.

Mining Operations

Location, prospecting, exploration, utilization or exploitation of mineral resources in forest reservations shall be governed by mining laws.

Mineral Reservations

Mineral reservations which are not the subject of mining operations or where operations have been suspended for more than five (5) years shall be placed under forest management by the Bureau.

Special Uses

1. Pasture in Forest Lands

No forest land 50% in slope or over may be utilized for pasture purposes.

2. Wildlife

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

3. Recreation

4. Other Special Uses of Forest Lands

Qualifications

Diffusion of Benefits

The privilege to utilize, exploit, occupy, or possess forest lands, or to conduct any activity therein shall be diffused to as many qualified and deserving applicants as possible.

Criminal Offenses and Penalties

1. Cutting, Gathering and/or Collecting Timber or Other Products Without License

Punishment with penalties is imposed under Arts. 309 and 310.

If officers in a corporation is alien, in addition to penalty, he may be deported without further proceedings on the part of the Commission on Immigration and deportation.

A timber license is not a contract in the purview of the due process clause; it is only a license or privilege, which can be validly withdrawn whenever dictated by public interest or public welfare. The granting of license does not create irrevocable rights, neither is it property or property rights.

2. Unlawful Occupation or Destruction of Forest Lands

3. Pasturing Livestock

4. Illegal Occupation of National Parks System and Creation Areas and Vandalism Therein

5. Destruction of Wildlife Resources

6. Survey by Unauthorized Person

7. Misclassification and Survey by Government Official or Employee

8. Issuance of Tax Declaration on Real Property without Certification from the Director of Forest Development and the Director of Lands

9. Coercion and Influence to Commit of the Acts

10. Unlawful Possession of Implements and Devices Used by Forest Officers

11. Failure to Pay the Amount Due and Demandable Under This Code

12. Sale of Wood products Without Grading Rules

Timber

Duration of license agreement or license to harvest timber in forest lands has a maximum period twenty-five years, renewable for a period, not exceeding twenty-five years.

Size of forest concessions shall be limited to that which a person may effectively utilize and develop for a period of fifty (5) years.

Reforestation

Forest Lands to be Reforested

Sec. 68-A. Administrative Authority of the Department Head or His Duly Authorized Representative to Order Confiscation.

Authority also contains the disposal of the confiscated forest products.

Offenses Punished Under Sec. 68, PD No. 705, as Amended

1) cutting, gathering, collecting and removing timber or other forest products from any forest land, or timber from alienable or disposable public and, or from private land without any authority; and,

2) possession of timber or other forest products without the legal documents required under existing forest laws and regulations.

Difference Timber and Lumber:

Timber is a raw log or forest product; Lumber is the processed log or timber.

DENR Has Jurisdiction Over the Confiscation of Forest Products and Conveyances Used in the Commission of the Offense

Under Sec. 68 of PD No. 705, as amended, the regional trial court has jurisdiction to order the confiscation of the timber or forest products as well as the machinery, equipment, implements and tools illegally used in the area where the timber of forest products are found.

However, the DENR Secretary or his duly authorized representative under Sec. 68-A of PD No. 705, as amended by EO No. 277, has jurisdiction to order the confiscation and disposition of all
Conveyances –by land, water, or air – used in illegally cutting, gathering, removing, possessing or abandoning forest products.

A person guilty of unlawful occupation or destruction of forest lands shall be fined an amount of not less than five hundred pesos (P500.00) nor more than twenty thousand pesos (P20,000) and imprisoned for not less than 6 months nor more than 2 years for each such offense, and be liable to the payment of 10 times the rental fees and other charges which would have been accrued had the occupation and use of the land been authorized under a license agreement, lease, license or permit.

In the case of an offender found guilty of making kaingin, the penalty shall be imprisoned for not less than 2 nor more than 4 years and a fine equal to 8 times the regular forest charges due on forest products destroyed, without prejudice to the payment of the full cost of restoration of the occupied area as determined by the Bureau.

In pasturing livestock without authority in forest lands, the guilty person shall be imprisoned for not less than 6 months nor more than 2 years for each such offense, and a fine equal to 10 times the regular rentals due, in addition to the confiscation of such livestock and all improvement introduced in the area.

Any person who is guilty of illegal occupation of national parks system and recreation areas and vandalism therein shall be fined not less than P200 or more than P500 exclusive of the value of the thing damaged. If the area requires rehabilitation or restoration, the offender shall also be required to restore or compensate for the restoration of the damage.

Survey by unauthorized person is punishable by imprisonment for not less than 2 nor more than 4 years, in addition to confiscation of the implements used.

Misclassification and survey by government official or employee shall be dismissed from the service with prejudice to re-employment, and upon conviction by a court of competent jurisdiction, suffer an imprisonment of not less than 1 year and a fine of not less than P1000. The survey, classification or release of forest lands shall be null and void.

A forest Officer or employee of the Bureau shall arrest even without warrant of arrest any person who has committed or is committing in his presence any of the offenses defined in the Code. He shall also seize and confiscate, in favor of the government, the tools and equipment used in committing the offense, and the forest products.

The arresting officer or employee shall thereafter deliver within 6 hours from the time of arrest and seizure, the offender and the confiscated forest products, tools and equipment to, and file the proper complaint with, the appropriate official designated by law to conduct preliminary investigations and file information in court.

Part III
Philippine Mining Act of 1995
(Republic Act. No. 7942

Governing Law

RA 7942 was enacted of March 03, 1995, instituting a new system of mineral resources exploration, development, utilization and conservation in the country.

Evolution of Pertinent Mining Laws

Royal Decree of May 18667 – Spanish Mining Law

Act of Congress of July 1, 1902

Act No. 624 passed by the United States Philippine Commission and approved on Feb. 07, 1903.

The 1935 Constitution

CA No. 137, the Mining Act

EO No. 141 of then Pres. Marcos

The 1973 Constitution

PD 463, revising CA 137 stipulating the conditional application of Regalian Doctrine

The 1987 Constitution

The Philippine Mining Act of 1995.

Declaration of Policy

All mineral resources in public and private lands within the territory and exclusive economic zone of the Republic of the Philippines are owned by the State. (Regalian Doctrine)

Ownership of Mineral Resources

Ownership of mineral deposits by the State is also dominant principle expressed in PD No. 463, otherwise known as the “Mineral Resources Decree of 1974).

Minerals excluded from other rights to land
Mineral deposits open to location and lease

“Full control and supervision by the State” in the exploration, development and utilization of the country’s natural resources – is the adoption of the concept of jura regalia.

The old system of exploration, development and utilization of natural resources through licenses, concessions or leases has been omitted under the 1987 Constitution.

Nonetheless, RA 7942 respects previously issued valid and existing licenses.

RA No. 7942 reiterates ownership of natural resources by the State

Activities which may be undertaken by the State in connection with its “full control and supervision

enter into co-production, joint venture or production sharing agreements with Filipino citizens or qualified corporations;

may allow small-scale utilization of natural resources by Filipino citizens;

the President may enter into agreements with foreign-owned corporations involving technical or financial assistance for the large-scale exploration, development and utilization of minerals, petroleum and other mineral oils.

A 10% share of all royalties and revenues to be derived by the government from the development and utilization of the mineral resources.

Rights of a Locator to a Perfected Claim

Mere recording of a mining claim, without performing annual work obligation, does not convert land into mineral land.

Abandonment – the act which constitutes actual, absolute and irrevocable desertion of one's right or property.

Classification of minerals

First group – metals or metalliferous ores

Second group – precious stones

Third group – fuels

Fourth group – salines and mineral waters

Fifth group – building stone in place, clays, fertilizers and other non-metals

Mineral land – means any area where mineral resources are found.

Mineral resource – any concentration of minerals/rocks with potential economic value.

Organizational Structure

Pursuant to Section 8 of PD No. 7942, the Department of Environment and Natural resources (DENR) shall be the primary agency responsible for the conservation, management, development, and proper use of the State's mineral resources.

The Secretary shall have the authority to enter into mineral agreements on behalf of the government upon the recommendation of the Director, and promulgate such rules and regulations as may be necessary to implement the intent and provisions of the Act.

Role of local governments

a. to ensure that relevant laws on public notice;

b. in coordination with the Bureau/Regional Office(s) to approve applications for small-scale mining, sand and gravel quarry... not exceeding five (5) hectares;

c. to receive their share;

d. to facilitate the process by which the community shall reach an informed decision on the social acceptability;

e. to participate in the monitoring of any mining activity;

f. to participate as member of the Mine Rehabilitation Fund Committee;

g. to be the recipient of social infrastructure;

h. to act as mediator between the indigenous cultural communities and the contractors;

i. to coordinate with the Department and Bureau in the implementation of the Act;

j. to perform such powers and functions as may be provided.

Authority of the Bureau

The Mines and Geosciences Bureau, headed by a Director and assisted by Assistant Director shall advise the secretary on matters pertaining to geology and mineral resources exploration, development, utilization and conservation.

The Bureau is conferred with quasi-judicial powers

There is an application of Doctrine of Primary Jurisdiction.

Doctrine of Primary Jurisdiction - Courts cannot and will not resolve a controversy involving a question which is within the jurisdiction of an administrative tribunal, especially where the question demand the exercise of sound administrative discretion requiring the special knowledge, experience and services of the administrative tribunal to determine technical and intricate matters of fact.

Non-interference by the courts on purely administrative matters.

Scope of Application

No ancestral land shall be opened for mining operations without the prior consent of the indigenous cultural community concerned. In the event of agreement, the royalty payment shall be agreed upon by the parties. The said royalty shall form part of a trust fund for the socioeconomic well-being of the indigenous cultural community.

Areas Open to Mining Operations

All mineral resources in public or private lands, including timber or forestlands as defined in existing laws, shall be open to mineral agreements. Any conflict that may arise shall be heard and resolved by the panel of arbitrators.

Areas Closed to Mining Operations

a. in military and other government reservations;

b. near or under public or private buildings, cemeteries, archeological and historic sites, bridges xxx and other infrastructure projectsxxx;

c. in areas covered by valid and existing mining rights;

d. in areas expressly prohibited by law;

e. in areas covered by small-scale miners;

f. old growth or virgin forest, proclaimed watershed forest reserves xxx

Exploration Permit

Exploration Permit – grants the right to conduct exploration for all minerals in specified areas.

Section 3 (aq) of RA No. 7942 is not unconstitutional. An observation has been made that Sec. 3 (aq) of RA 7942 which allows a foreign contractor to apply for and hold an exploration permit is unconstitutional. The reasoning is that Sec. 2 of Art. XII of the Constitution does not allow foreign-owned corporations to undertake mining operations directly. However, in La Bugal B'laan Tribal Association v. Ramos, the Court ruled that while the Constitution mandates the State to exercise full control and supervision over the exploitation of mineral resources, nowhere does it require the government to hold all exploration permits and similar authorizations xxx. Such a permit does not amount to authorization to extract and carry off the mineral resources that may be discovered.

The exploration permit serves a practical and legitimate purpose in that it protects the interest and preserves the rights of the exploration permit grantee (the would-be contractor) during the period of time that it is spending heavily on exploration works, without yet being able to earn revenues to recoup any of its investments and expenditures.

An exploration permit holder may, within the term of the permit, file with the Bureau declaration of mining project feasibility accompanied by a work program for development for the Bureau's approval.

Term of Exploration

The term of an exploration permit shall be for the period of two (2) years from date of issuance thereof, renewable for like periods but not to exceed a total term of foour (4) years for non-metallic mineral exploration or six (6) years for metallic mineral exploration.

Exploration permit may be transferred but subject to the approval of the Secretary of the DENR.

Registration of Exploration Permit

Upon approval and issuance of exploration permit, the permitee shall cause the registration of the same with the Bureau/Regional Office concerned within fifteen (15) working days from receipt of written notice and upon payment of of the required fees.

Exploration shall be revocable when demanded by police power. The State, under its all-encompassing police power, may alter, modify or amend permits in accordance with the demands of the general welfare.

Mineral Agreements

Forms of General Agreements:

a. mineral production sharing agreement
b. co-production agreement
c. joint-venture agreement

Eligibility

a. in case of individual – must be Filipino citizen, of legal age and with a capacity to contract;

b. in case of corporation, partnership, association, or cooperative – at least sixty percent (60%) of capital of which is owned by Filipino citizens.

Filing of mineral agreements shall be filed in the region where the areas of interest are located. They will be approved by the Secretary and copies shall be submitted to the President.

Term of a Mineral Agreement

The term must not exceed twenty five (25) years to start from the date of execution, and renewable for another term not exceeding twenty five (25) years.

Publication, Posting, radio Announcement

It shall be done within (15) working days from receipt of the notice.

Quarry Resources

The maximum area which a qualified person may hold at any one time shall be 5 hectares.

A quarry permit shall have a term of 5 years, renewable for like periods but not to exceed a total term of 25 years.

A quarry permit may be canceled by the provincial governor for violations of the provisions of this Act.

Transport, Sale, and processing of Minerals

In transporting non-processed mineral ores or minerals, there must be an Ore Transport permit.

No person shall engage in trading of mineral products unless registered with Department of Trade and Industry.

No person shall engage in the processing of minerals without a processing permit from the Secretary. Permit shall be for a period of 5 years renewable for like years but not to exceed a total term of 25 years.

A foreign-owned/controlled corporation may be granted a mineral processing permit.

Development of Mining Communities, Science and Mining Technology

A contractor shall:

a. Allot expenditure for community development and science and mining technology

b. Maintain manpower training and development program

c. Use indigenous goods, services, and technologies

d. prior to cessation have 1 year to remove improvements, otherwise all shall be turned over or donated tax-free to the proper government authorities

e. employ preferably Filipino citizens

Safety and Environmental Protection

No person under 16 years of age shall be employed in any phase of mining operations, and no person under 18 years of age shall be employed underground in the mine.

All mining and quarrying operations that employ 50 workers shall have at least 1 licensed mining engineer with 5 year experience, and 1 registered foreman.

The regional director shall have exclusive jurisdiction over the safety inspection of all installations.

The regional director shall, in consultation with the Environmental Management Bureau have the power to issue orders.

Auxiliary Mining Rights

Timber rights (subject to forestry laws, rules, and regulations)
Water rights (subject to the existing water laws, rules, and regulations)
Right to possess explosives
Easement right
Entry into private lands and concession areas

Settlement of Conflicts

There shall be panel of arbitrators in the regional office of the department composed of 3 members, 2 of whom must be member of the Philippine Bar and 1 licensed mining engineer and duly designated by the Secretary. The panel shall settle the following:

disputes involving rights to mining areas
disputes involving mineral agreements or permit
disputes involving surface owners, occupants and claim holder/concessionaires
disputes pending before the Bureau and the Department at the date of the effectivity of this Act.

The decision or order of the panel of arbitrators may be appealed by the party to the Mines Adjudication Board within 15 days from receipt.

The Mines Adjudication Board is composed of the Secretary as Chairman with the Director of Mines and Geosciences Bureau and the Undersecretary for Operations of the Department as members.

Government Share

The total government share in a mineral production sharing agreement shall be the excise tax on mineral products.

The share of the Government in co-production and joint venture agreements shall be negotiated by the Government and the contractor.

Ground for Cancellation, revocation, and Termination

Late or non-filing of requirements
Violation of the terms and conditions of permits or agreements
Non-payment of taxes and fees
Suspension or cancellation of tax incentives and credits
Falsehood or omission of facts in the statement

Penal Provisions

1. False statements
2. illegal exploration
3. Theft of minerals
4. Destruction of mining structures
5. Mines arson
6. Willful damage to mine
7. Illegal obstruction to permitees or contractors
8. Violation of the terms and conditions of the Environmental Compliance Certificate (ECC)
9. Obstruction of government officials
10. Other violations
11. Fines

Part VIII
Philippine Fisheries Code of 1998
(Republic Act No. 8550)

Governing Law

RA No. 8550, otherwise known as “The Philippine Fisheries Code of 1998”, was enacted on February 17, 1998 to provide for the development and conservation of the fisheries and aquatic resources and integrating all laws pertinent thereto.

Policy Considerations

The State shall ensure the attainment of the following objectives:

· Conservation, protection and sustained management of the country’s fishery and aquatic resources

· Poverty alleviation and the provision of supplementary livelihood among municipal fisherfolk

· Improvement of productivity of aquaculture within ecological limit

· Optimal utilization of off-shore and deep-sea resources and

· Upgrading of post-harvest technology

Application of the Law

The provisions of the Code shall be enforced in:

· all Philippine waters including other waters over which the Philippines has sovereignty and jurisdiction, and the country’s 200-nautical mile EEZ (Exclusive Economic Zone) and continental shelf;

· all aquatic and fishery resources

· all lands devoted to aquaculture, or businesses and activities relating to fishery, whether private or public lands

Use of Philippine Waters

Section 2, Article XII of the Constitution provides:

“ The State shall protect the nation’s marine wealth in its archipelagic water, territorial sea, and exclusive economic zone, and reserve its use and enjoyment exclusive to Filipino citizens.”

Consistent with the foregoing constitutional provision, Sec. 5 of RA No. 8550 provides that the use and exploitation of the fishery and aquatic resources in the Philippine waters shall be reserved exclusively to Filipinos. Research and survey activities may be allowed under strict regulations that would also benefit Filipino citizens.

Definition of Terms

Aquatic resources – includes fish, all other aquatic flora and fauna and other living resources of the aquatic environment, including, but not limited to, salt and corals.

Closed season – the period during which the taking of specified fishery species by a specified fishing gear is prohibited in a specified area or areas in the Philippine waters.

Commercial fishing – the taking of fishery species by passive or active gear for trade, business and profit beyond subsistence or sports fishing, to be further classified as:

· Small scale commercial fishing – fishing with passive or active gear utilizing fishing vessels of 3.1 gross tons (GT) up to twenty (20) GT;

· Medium scale commercial fishing – fishing with passive or active gear utilizing fishing vessels of 20.1 gross tons (GT) up to one hundred fifty (150) GT;

· Large commercial fishing – fishing with passive or active gear utilizing fishing vessels of more than one hundred fifty (150) GT

Municipal waters – 15 kilometers from coastline.

Organizational Structure

The Department of Agriculture (DA) is the government agency responsible for the promotion of agricultural development by providing the policy framework, public investments, and support services needed for domestic and export-oriented business enterprises.

It shall be the primary concern of the DA to improve farm in come and generate work opportunities for farmers, fishermen, and other rural workers.

Access to Fishery Resources

The DA shall issue such number of licenses and permits for the conduct of fishery activities subject to the limits of the maximum sustainable yield (MSY) of the resources as determined by scientific studies or best available evidence.

Preference shall be given to resource users in the local communities adjacent or nearest to the municipal waters.

· Catch ceiling limitation – the DA Secretary may prescribe limitations or quota on the total quantity of fish captured, for specified period of time and specified area based on the best available evidence.

· Establishment of closed season – the Secretary may declare a closed season in any or all Philippine waters outside the boundary of municipal waters and in bays, for conservation and ecological purposes. The Secretary may include waters under the jurisdiction of special agencies, municipal waters and bays, and or other other areas reserved for the use of the municipal fisherfolk. This shall be done only upon the concurrence and approval of such special agencies, and concerned LGUs.

Bureau of Fisheries and Aquatic Resources; Functions

The Bureau of Fisheries and Aquatic Resources (BFAR) is a line bureau under the DA. It shall have the following functions:

prepare and implement a Comprehensive National Fisheries Industry Development Plan (CNFIDP);

issue licenses for the operation of commercial fishing vessels;

issue identification cards free of charge to fishworkers engaged in commercial fishing;

monitor and review joint fishing agreements between Filipino citizens and foreigners;

formulate and implement (CNFIDP);

establish and maintain a Comprehensive Fishery Information System (CFIS);

provide extensive development support services in all aspects of fisheries production, processing, and marketing;

provide advisory services and technical assistance;

coordinate efforts relating to fishery production;

advise and coordinate with LGUs on the maintenance of proper sanitation and hygienic practices in fish markets and fish landing areas;

establish a corps of specialists in collaboration with DND, DILG, and DFA for the efficient monitoring, control, and surveillance of fishing activities… and provide for necessary facilities, equipment and training therefore;

implement an inspection system for import and export of fishery/aquatic products;

coordinate with LGUs and other concerned agencies for the establishment of productivity enhancing and market development programs in fishing communities;

enforce all laws, formulate and enforce all rules and regulations governing the conservation and management of fishery resources, except in municipal waters, and settle conflicts of resource use and allocation;

develop value-added fishery products for domestic consumption and export;

recommend measures for the protection/enhancement of fishery industries;

assist LGUs in developing their technical capability in the development, management, regulation, conservation, and protection of the fishery resources;

formulate rules and regulations for the conservation and management of straddling fish stocks and highly migratory fish stocks; and

perform such other related functions which shall promote the development, conservation, management, protection and utilization of fisheries and aquatic resources.

Composition of BFAR

The BFAR is headed by a Director and assisted by two (2) Asst. Directors who shall supervise the administrative and technical services of the bureau respectively.

Municipal Fisheries

The municipality/city government shall have jurisdiction over municipal waters as defined in the Code.

The LGUs shall enforce all fishery laws, rules and regulations as well as valid fishery ordinances enacted by the municipal/city council.

The LGUs which share or border fishery resources may group themselves and coordinate with each other. The Integrated Fisheries and Aquatic Resources Management Councils (FARMCs) established under Sec. 76 of the Code shall serve as the venues for close collaboration among LGUs in the management of contiguous resources.

Grant of Fishing Privileges in Municipal Waters

The duly registered fisherfolk organizations/cooperatives shall have preference in the grant of fishery rights by the municipal/city council.

Users of municipal waters

The municipal or city government may authorize or permit small and medium commercial fishing vessels to operate within the 10.1 to 15 kilometer area from the shoreline in municipal waters, provided, that all the following are met:

no commercial fishing in municipal waters with depth less than 7 fathoms;

fishing activities utilizing methods and gears that are determined to be consistent with national policies set by the DA;

prior consultation with the M/CFARMC has been conducted; and

the applicant vessel as well as the shipowner, employer, captain and crew have been certified by the appropriate agency as not having violated the Code, environmental laws and related laws.

Resident municipal fisherfolk of the municipality concerned and their organizations/cooperatives shall have priority to exploit municipal and demarcated fishery areas of the said municipality.

Persons Eligible for Commercial Fishing Vessel License

No commercial fishing vessel license shall be issued except to citizens of the Philippines, partnerships or associations, cooperatives or corporations duly registered in the Philippines at least 60% of capital stock of which is owned by Filipino citizens.

No person to whom a license has been issued shall sell, transfer or assign, directly or indirectly, his stock or interest therein to any person not qualified to hold a license.

The commercial fishing boat license shall be renewed every 3 years. The owner/operator of a fishing vessel has a period of 60 days prior to the expiration of the license within which to renew the same.

The owner/operator of a registered fishing vessel shall notify the department in writing of the transfer of ownership of the vessel with a copy of such document within 10 days after its transfer to another person.

Fishing by Philippine Commercial Fishing in International Waters

Fishing vessels of Philippine registry may operate in international waters or waters of other countries which allow such fishing operations but they should comply with the safety, manning and other requirements of the Philippine Coast guard, maritime Industry Authority and other agencies concerned.

Aquaculture

Disposition of Public Lands for Fishery Purposes

Public lands such as tidal swamps, mangroves, marshes, foreshore lands and ponds suitable for fishery operations shall not be disposed or alienated. Fishponds lease agreements (FLA) may be issued for public lands that may be declared available for fishpond development primarily to qualified fisherfolk cooperatives/associations.

Upon the expiration of existing FLAs, the current lessees shall be given priority and entitled to an extension of 25 years.

DA shall declare as reservation portions available public lands certified as suitable for fishpond purposes.

No fish pens or fish cages or fish traps shall be allowed in lakes.

Lease of Fishponds

areas leased for fishpond purposes shall be no more than 50 hectares for individuals and 250 hectares for corporations or fisherfolk organizations;

the lease shall be for a period of 25 years and renewable for another 25 years. In case of death of lessee, his spouse and/or children, as his heirs, shall have preemptive rights to the unexpired term of his FLA;

lease rates for fishpond areas shall be determined by the DA;

The area leased shall be developed and producing on commercial scale within 3 years from the approval of the lease contract, but areas not fully producing within 5 years from approval shall automatically revert to the public domain for reforestation;

Reversion of All Abandoned, Undeveloped or Underutilized Fishponds

The DENR, in coordination with the DA, LGUs, other concerned agencies and FARMCs shall determine shall determine which abandoned, underdeveloped, or underutilized fishponds covered by FLA can be reverted to their original mangrove state.

License to Operate Fish Pens, Fish Cages...

Fish pens, fish cages, fish traps and other structures for the culture of fish and other fishery products shall be constructed and shall operate only within established zones duly designated by LGUs in consultation with FARMCs concerned.

Not more than 10% of suitable water surface area of lakes and rivers shall be allotted for aquaculture purposes.

No new concessions for establishment of fishpens and other similar structures in municipal areas shall be granted, except to municipal fisherfolk and their organizations.

Inland fishponds, fish cages and fish pens shall be covered under the insurance program of the Philippine Crop Insurance Corp (PCIC) for losses caused by force majeure and fortuitous events.

Fishery Reserves, refuge and Sanctuaries

The DA may designate area or areas in Philippine waters beyond fifteen (15) kilometers from shoreline as fishery reservation .

The DA may establish fish refuge and sanctuaries to be administered in the manner prescribed by the BFAR.

Prohibitions and Penalties

Unauthorized fishing or engaging in other unauthorized fisheries activities

Poaching in Philippine waters – it shall be unlawful for any foreign person, corporation, or entity to fish or operate any fishing vessel in Philippine waters

Fishing through explosives, noxious or poisonous substance, and/or electricity, and to deal in, sell or in any manner dispose of, any fish or fishery species which have been illegally caught, taken or gathered

Use of fine mesh net – net with mesh size of less than 3 cm measured between 2 opposite knots of a full mesh when stretched

Use of active gear in the municipal waters and bays and other fishery management areas

Ban on coral exploitation and exportation

Ban on muro-ami, other methods and gear destructive to coral reefs and other marine habitat

Illegal use of superlights

Conversion of mangroves into fishponds for any other purposes

Fishing in overfished area and during closed season

Fishing in fishery reserves, refuge and sanctuaries

Fishing or taking of rare, threatened or endangered species

Capture of sabalo (mature milk fish) and other breeders/spawners

Exportation of breeders, spawners, eggs or fry

Importation or exportation of fish or fishery species

Violation of catch ceilings

Aquatic pollution

Other violations:

a. Failure to comply with minimum safety standards

b. Failure to conduct a yearly report on all fishponds, fish pens and fish cages

c. Gathering and marketing of shell fishes

d. Obstruction to navigation or flow and ebb of tide in any stream, river, lake or bay

e. Construction and operation of fish corrals/traps, fish pens and fish cages

Commercial fishing vessel operators employing unlicensed fisherfolk or fishworker or crew

Obstruction of defined migration paths

Obstruction to fishery law enforcement officer

Enactment of Ordinances by LGUs

Under the general welfare clause, LGUs have the power to enact ordinances to enhance the right of the people to a balanced ecology.

It likewise specifically vests municipalities with the power to grant fishery pprivileges in municipal waters, and impose rentals, fees or charges therefor; to penalize, by appropriate ordinances, the use of explosives, noxious or poisonous substances, electricity, muro-ami, and other deleterious methods of fishing; and to prosecute any violation of the provisions of applicable fishery laws.

Seizure Without warrant of Fishing Vessels Breaching Fishery Laws

Search and seiizure without search warrant of vessels and aircrafts for violations of customs laws have been the traditional exception to the constitutional requirement of a search warrant.

This same exception applies to seizures of fishing vessels and boats breaching our fishery laws.

Part IX
Water Code of the Philippines
(Presidential Decree No. 1067)

Governing Law

PD NO. 1067 was enacted om December 31, 1976, revising and consolidating the laws governing the ownership, appropriation, utilization, exploitation, development, conservation and protection of water resources.

Underlying Principles of the Code

(a) all waters belong to the State

(b) all waters that belong to the State cannot be the subject to acquisitive prescription

(c) the State may allow the use or development of waters by administrative concessions

(d) the utilization, exploitation, development, conservation and protection of water resources shall subject to the control and regulation of the government through the National Water Resources Council

(e) preference in the use and development of waters shall consider current usages and be responsive to the changing needs of the country

State Ownership of Waters

The following belong to the State:

(a) rivers and their natural beds

(b) continuous or intermittent waters of springs and brooks running in their natural beds and and the beds themselves

(c) natural lakes and lagoons

(d) all other categories of surface waters

(e) atmospheric water

(f) subterranean or ground waters

(g) seawater

The following waters found on private lands belong to the State:

(a) continuous or intermittent waters rising on such land

(b) lakes and lagoons naturally occurring on such lands

(c) subterranean or ground waters

(d) water in swamps and marshes

The owner of the land where the water is found may use the same for domestic purposes without securing a permit, provided that such use shall be registered, when required by the Council.

Any person who captures or collects water by means of cisterns, tanks, or pools shall have exclusive control over such water and the right to dispose the same.

Water legally appropriated shall be subject to the control of the appropriator from the moment it reaches the appropriator's canal or aqueduct leading to the place where the water will be used or stored.

Appropriation of Waters

Water may be appropriated for the following purposes:

(a) domestic -utilization of water for drinking, washing, bathing, cooking, etc

(b) municipal – utilization of water for supplying the water requirements of the communit

(c) irrigation – utilization of water for producing agricultural crops

(d) power generation – utilization of water for producing electrical or mechanical power

(e) fisheries – utilization of water for the propagation and culture of fish as a commercial enterprise

(f) livestock raising – utilization of water for large herds or flocks of animals raised as a commercial enterprise

(g) industrial – utilization of water in factories, industrial plants and mines, etc.

(h) recreational – utilization of water for swimming pool, bath houses, etc.

Citizenship Requirement

Only citizens of the Philippines, of legal age, as well as juridical persons, who are duly qualified by law to exploit and develop water resources, may apply for water permits.

In case of corporations, water permits may be granted if at least 60% of the capital is owned by Filipino citizens.

Filing of Application

Any person who desires to obtain a water permit shall file and application with the Council.

Water Rights and Permits

As a rule, no person, including government instrumentalities, shall appropriate water without a water right, which shall be evidenced by a document known as a water permit.

However, any person may appropriate or natural bodies of water without securing a water permit for any of the following:

(a) appropriation of water by means of hand-carried receptacles; and

(b) bathing or washing, watering or dipping of domistic or farm animals, and navigation of watercrafts or transportation of logs and other objects by floatation.

A water right shall be exercised in such manner that the rights of third persons or of other appropriators are not prejudiced thereby.

A holder of water permit may demand the establishment of easements necessary for the construction and maintenance of the works and facilities needed for the beneficial use of waters to be appropriated.

Revocation of Water Permits

Water permits may be revoked after due notice and hearing on grounds of:
non-use
gross violation of the conditions imposed in the permit
unauthorized sale of water
willful failure or refusal to comply with rules and regulations of any lawful order
pollution, public nuisance or acts detrimental to public health and safety
when the appropriator is found to be disqualified under the law to exploit and develop natural resources of the country
when in case of irrigation, the land is converted to non-agricultural purposes, and
other similar grounds

Utilization, Order of Preference and Conditions for the Use of Waters

Order of Preference in the Use of Waters

(a) domestic and municipal use

(b) irrigation

(c) power generation

(d) fisheries

(e) livestock raising

(f) industrial use, and

(g) other uses

Prohibitions and Conditions for Use of Waters

(a) no excavation for the purpose of emission of a hot spring or for enlargement of the existing opening thereof shall be made without prior permit

(b) no develop shall develop a stream, lake or spring for recreational purposes without prior permit

(c) unless otherwise ordered by the President, and only in time of national calamity or emergency, no person shall induce or restrain rainfall by any method

(d) no person shall raise or lower the water level of a river, stream, lake, lagoon, or marsh nor drain the same without a permit

(e) drainage system shall be constructed that their outlets may be approved by the proper government agency

(f) when artificial means are employed to drain water from higher to lower land, the owner of the higher land shall select the routes and methods of drainage that will cause the minimum damage to the lower lands, subject to the requirements of just compensation

(g) when the use, conveyance or storage of waters results in damage to another, the person responsible for the damage shall pay compensation

(h) any person having an easement for an aqueduct may enter upon the servient land for the purpose of cleaning, repairing or replacing the aqueduct or the removal of destruction therefrom

(i) lower estates are obliged to receive the waters which naturally and without the intervention of man flow from the higher estate, as well as the stone or earth which they carry with them

(j) the banks of rivers and streams and the shores of the seas and lakes throughout their entire length and within a zone of 3 meters in urban areas, 20 meters in agricultural areas and 40 meters in forest areas, along their margins are subject to the easement of public use

Legal Easements Relating to waters Under the Civil Code

(a) natural drainage of lands

(b) natural drainage of buildings

(c) easements on riparian banks for navigation, floatage, fishing and salvage

(d) easement of a dam

(e) easement for drawing water or for watering animals

(f) easement of aqueduct

(g) easement for the construction of a stop lock or sluice gate

Control of Waters

Flood Control Areas

(a) prohibition against activities that obstruct the flow of water, etc.

(b) rivers or lakes may be declared navigable

(c) river beds may not be cultivated except upon prior permission from the Secretary of DPWH, and such permission shall not be granted where such cultivation obstructs the flow of water or increase flood levels so as to cause damage to other areas

(d) any person may erect levees or revetments to protect his property from flood, encroachment by the river or change in the course of the river, provided that such construction does not cause damage to the property of another

(e) when a river or stream suddenly changes its course to traverse private lands, the owners of the affected lands may not compel the government to restore the river to its former bed, nor can they restrain the government from taking steps to revert the river or stream to its former course. The owners of the affected lands may undertake to return the river or stream to its old bed at their own expense upon a permit first secured from the DPWH

(f) waters of a stream may be stored in a reservoir by a permittee in such amount as will not prejudice the right of any permittee downstream

(g) no person shall drill a well without prior permission from the Council

(h) easement of aqueduct – any person who may wish to use upon his own estate any water of which he can dispose shall have the right to make it flow through the intervening estates, with the obligation to indemniify their owners, as well as the owners of the lower estates upon which the waters may filter or descend

Conservation and Protection of Waters and Watersheds and Related Land Resources

(a) watersheds may be declared a protected area – it is an 'intergenerational responsibility.'

(b) a watershed reservation is not subject to occupancy or alienation

(c) a timber license covering a watershed area may be withdrawn in the public interest

The National Water Resources Council

The Council was created by PD No. 424 as a regulatory and executory agency which coordinates and integrates water resource development activities, and grants, determines and adjudicates water rights.

Powers and Functions

authority to enter upon private lands

jurisdiction of the Council over water disputes

where the case does not involve the settlement of a water rights dispute, but the enjoyment of a right to water use for which a permit was already granted, the regular court has jurisdiction over the dispute, not the NWRC

there must be observance on rule on exhaustion of administrative remedies

the decisions of the Council on water rights controversies may be appealed to the regional trial court of the province where the subject matter of the controversy is situated within fifteen (15) days from the date the party appealing receives a copy of the decision.

Penalties

Articles 90 and 91 of the Water Code enumerate the acts that may be penalized under the Code. The criminal action shall be brought before the proper court.

The following acts shall be penalized:

Under Art. 90 – a fine of not exceeding P1,000.00

(a) appropriation of subterranean or ground water for domestic use

(b) non-observance of any standard beneficial use of water

(c) failure of the appropriator to keep a record of water withdrawal, when required

(d) failure to comply with any of the terms or conditions in a water permit or a water rights grant

(e) unauthorized use of water for a purpose other than that for which a right or permit was granted

(f) construction or repair of any hydraulic work or structure without duly approved plans and specifications, when required

(g) failure to install a regulating and measuring device for the control of the volume of water appropriated, when required

(h) unauthorized sale, lease, or transfer of water and/or water rights

(i) failure to provide adequate facilities to prevent or control diseases when required by the Council

(j) drilling of a well without permission of the Council

(k) utilization of an existing well or ponding or spreading of water for recharging subterranean or ground water supplies without permission of the Council

(l) violation or non-compliance with any order, rules, or regulations of the Council

(m) illegal taking or diversion of water in an open canal, aqueduct or reservoir

(n) malicious destruction of hydraulic works or structure valued at not exceeding P5,000.00.

Under Art. 91 -

(a) a fine of not exceeding P3,000.00 or imprisonment of not more than 3 years

1) appropriation of water without a water permit, unless such person is expressly exempted by provisions of this Act

2) unauthorized obstruction of an irrigation canal

3) cultivation of a river bed, sand bar or tidal flat without permission

4) malicious destruction of hydraulic works or structure valued at not exceeding P25,000

(b) a fine exceeding P3,000.00 or imprisonment exceeding 3 years but not more than 6 years

1) distribution for public consumption of water which adversely affects the health and safety of the public

2) excavation or enlargement of the opening of a hot spring without permission

3) unauthorized obstruction of a river or waterway, or occupancy of a river bank or seashore without permission

4) establishment of a cemetery or a waste disposal area near a source of water supply or reservoir for domestic municipal use without permission

5) constructing, without prior permission of the government agency concerned, works that produce dangerous or noxious substances, or performing acts that result in introduction of sewage, industrial waste or any substance that pollutes a source of water supply

6) dumping mine tailings and sediments into rivers of waterways without permission

7) malicious destruction of hydraulic works or structure valued more than P25,000 but at not exceeding P100,000

(c) a fine exceeding P6,000 but not more than P10,000 or imprisonment exceeding 6 years but not more than 12 years

1) misrepresentation of citizenship in order to qualify for water permit

2) malicious destruction of hydraulic works or structure, valued at more than P100,000

Water Districts

PD No. 198, otherwise known as the “Provincial Water Utilities Act of 19973” (effective May 25, 1973) authorizes the formation and governs the operation of water districts throughout the country.

Water districts may be created by the different local legislative bodies by the passage of a resolution. The primary function of these water districts is to sell water to residents within their territory.

Water districts are quasi-public corporations, performing public services and supplying public wants.

A water district may be dissolved by a resolution of its board of directors filed in the manner of filing the resolution forming the district. The resolution of dissolution is filed with Local water Utilities Administration (LWUA).

The Local Water Utilities Administration (LWUA)

PD No. 198 established a government corporation known as LWUA, attached to the Office of the President, to function primarily as “a specialized lending institution for the promotion, development and financing of local water utilities.”

The LWUA has no adjudicatory functions.

The SEC has no supervisory powers over water districts.

REPUBLIC ACT NO. 8749

PHILIPPINE CLEAN AIR ACT OF 1999

Chapter 1
General Provisions
Article One
Basic Air Quality Policies
SECTION 1. Short Title. - This Act shall be known as the “Philippine Clean Air Act of 1999.”
SEC. 2. Declaration of Principles. - The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature.
The State shall promote and protect the global environment to attain sustainable development while recognizing the primary responsibility of local government units to deal with environmental problems.
The State recognizes that the responsibility of cleaning the habitat and environment is primarily area-based.
The State also recognizes the principle that “polluters must pay”.
Finally, the State recognizes that a clean and healthy environment is for the good of all and should, therefore, be the concern of all.
SEC. 3. Declaration of Policies. - The State shall pursue a policy of balancing development and environmental protection. To achieve this end, the frame work for sustainable development shall be pursued. It shall be the policy of the State to:
[a] Formulate a holistic national program of air pollution management that shall be implemented by the government through proper delegation and effective coordination of functions and activities;
[b] Encourage cooperation and self-regulation among citizens and industries through the application of market-based instruments;
[c] Focus primarily on pollution prevention rather than on control and provide for a comprehensive management program for air pollution;
[d] Promote public information and education and to encourage the participation of an informed and active public in air quality planning and monitoring; and
[e] Formulate and enforce a system of accountability for short and long-term adverse environmental impact of a project, program or activity. This shall include the setting up of a funding or guarantee mechanism for clean-up and environmental rehabilitation and compensation for personal damages.
SEC. 4. Recognition of Rights. - Pursuant to the above-declared principles, the following rights of citizens are hereby sought to be recognized and the State shall seek to guarantee their enjoyment:
[a] The right to breathe clean air;
[b] The right to utilize and enjoy all natural resources according to the principles of sustainable development;
[c] The right to participate in the formulation, planning, implementation and monitoring of environmental policies and programs and in the decision-making process;
[d] The right to participate in the decision-making process concerning development policies, plans and programs projects or activities that may have adverse impact on the environment and public health;
[e] The right to be informed of the nature and extent of the potential hazard of any activity, undertaking or project and to be served timely notice of any significant rise in the level of pollution and the accidental or deliberate release into the atmosphere of harmful or hazardous substances;
[f] The right of access to public records which a citizen may need to exercise his or her rights effectively under this Act;
[g] The right to bring action in court or quasi-judicial bodies to enjoin all activities in violation of environmental laws and regulations, to compel the rehabilitation and cleanup of affected area, and to seek the imposition of penal sanctions against violators of environmental laws; and
[h] The right to bring action in court for compensation of personal damages resulting from the adverse environmental and public health impact of a project or activity.

Article Two
Definition of Terms
SEC. 5. Definitions.- As used in this Act:
a) “Air pollutant” means any matter found in the atmosphere other than oxygen, nitrogen, water vapor, carbon dioxide, and the inert gases in their natural or normal concentrations, that is detrimental to health or the environment, which includes, but not limited to smoke, dust, soot, cinders, fly ash, solid particles of any kind, gases, fumes, chemical mists, steam and radioactive substances;
b) “Air pollution” means any alteration of the physical, chemical and biological properties of the atmospheric air, or any discharge thereto of any liquid, gaseous or solid substances that will or is likely to create or to render the air resources of the country harmful, detrimental, or injurious to public health, safety or welfare or which will adversely affect their utilization for domestic, commercial, industrial, agricultural, recreational, or other legitimate purposes;
c) “Ambient air quality guideline values” means the concentration of air over specified periods classified as short-term and long-term which are intended to serve as goals or objectives for the protection of health and/or public welfare. These values shall be used for air quality management purposes such as determining time trends, evaluating stages of deterioration or enhancement of the air quality, and in general, used as basis for taking positive action in preventing, controlling, or abating air pollution;
d) “Ambient air quality” means the general amount of pollution present in a broad area; and refers to the atmosphere’s average purity as distinguished from discharge measurements taken at the source of pollution;
e) “Certificate of Conformity” means a certificate issued by the Department of Environment and Natural Resources to a vehicle manufacturer / assembler or importer certifying that a particular new vehicle or vehicle type meets the requirements provided under this Act and its rules and regulations;
f) “Department” means the Department of Environment and Natural Resources;
g)“Eco-profile” means the geographic-based instrument for planners and decision makers which present an evaluation of the environment quality and carrying capacity of an area. It is the result of the integration of primary data and information on natural resources and antropogenic activities on the land which were evaluated by various environmental risk assessment and forecasting methodologies that enable the Department to anticipate the type of development control necessary in the planning area.
h)“Emission” means any air contaminant, pollutant, gas stream or unwanted sound from a known source which is passed into the atmosphere;
i) “Greenhouse gases” means those gases that can potentially or can reasonably be expected to induce global warming, which include carbon dioxide, oxides of nitrogen, chloroflourocarbons, and the like;
j) “Hazardous substances” means those substances which present either: (1) short-term acute hazards such as acute toxicity by ingestion, inhalation, or skin absorption, corrosivity or other skin or eye contact hazard or the risk of fire explosion; or (2) long-term toxicity upon repeated exposure, carcinogecity (which in some cases result in acute exposure but with a long latent period), resistance to detoxification process such as biodegradation, the potential to pollute underground or surface waters;
k) “Infectious waste” means that portion of medical waste that could transmit an infectious disease;
l) “Medical waste” means the materials generated as a result of patient diagnosis, treatment, or immunization of human beings or animals;
m) “Mobile source” means any vehicle propelled by or through combustion of carbon-based or other fuel, constructed and operated principally for the conveyance of persons or the transportation of property goods;
n) “Motor vehicle” means any vehicle propelled by a gasoline or diesel engine or by any means other than human or animal power, constructed and operated principally for the conveyance of persons or the transportation of property or goods in a public highway or street open to public use;
o) “Municipal waste” means the waste materials generated from communities within a specific locality;
p) "New vehicle” means a vehicle constructed entirely from new parts that has never been sold or registered with the DOTC or with the appropriate agency or authority, and operated on the highways of the Philippines, any foreign state or country;
q) “Octane Rating or the Anti-Knock Index(AKI)” means the rating of the anti-knock characteristics of a grade or type of automotive gasoline as determined by dividing by two (2) the sum of the Research Octane Number (RON), plus the Motor Octane Number (MON); the octane requirement, with respect to automotive gasoline for use in a motor vehicle or a class thereof, whether imported, manufactured, or assembled by a manufacturer, shall refer to the minimum octane rating of such automotive gasoline which such manufacturer recommends for the efficient operation of such motor vehicle, or a substantial portion of such class, without knocking;
r) “Ozone Depleting Substances (ODS)” means those substances that significantly deplete or otherwise modify the ozone layer in a manner that is likely to result in adverse effects of human health and the environment such as, but not limited to, chloroflourocarbons, halons and the like;
s) “Persistent Organic Pollutants (POPs)” means the organic compounds that persist in the environment, bioaccumulate through the food web, and pose a risk of causing adverse effects to human health and the environment. These compounds resist photolytic, chemical and biological degradation, which shall include but not be limited to dioxin, furan, Polychlorinated Biphenyls (PCBs), organochlorine pesticides, such as aldrin, dieldrin, DDT, hexachlorobenzene, lindane, toxaphere and chlordane;
t) “Poisonous and toxic fumes” means any emissions and fumes which are beyond internationally - accepted standards, including but not limited to the World Health Organization (WHO) guideline values;
u) “Pollution control device" means any device or apparatus used to prevent, control or abate the pollution of air caused by emissions from identified pollution sources at levels within the air pollution control standards established by the Department;
v) “Pollution control technology” means the pollution control devices, production process, fuel combustion processes or other means that effectively prevent or reduce emissions or effluent;
w) “Standard of performance" means a standard for emissions of air pollutant which reflects the degree of emission limitation achievable through the application of the best system of emission reduction, taking into account the cost of achieving such reduction and any non-air quality health and environmental impact and energy requirement which the Department determines, and adequately demonstrates; and
x) “Stationary source” means any building or immobile structure, facility or installation which emits or may emit any air pollutant.

Chapter 2
Air Quality Management System
Article One
General Provisions
SEC. 6. Air Quality Monitoring and Information Network.- The Department shall prepare an annual National Air Quality Status Report which shall be used as the basis in formulating the Integrated Air Quality Improvement Framework, as provided for in Sec. 7. The said report shall include, but shall not be limited to the following:
a) Extent of pollution in the country, per type of pollutant and per type of source, based on reports of the Department’s monitoring stations;
b) Analysis and evaluation of the current state, trends and projections of air pollution at the various levels provided herein;
c) Identification of critical areas, activities, or projects which will need closer monitoring or regulation;
d) Recommendations for necessary executive and legislative action; and
e) Other pertinent qualitative and quantitative information concerning the extent of air pollution and the air quality performance rating of industries in the country.
The Department, in cooperation with the National Statistical Coordination Board (NSCB), shall design and develop an information network for data storage, retrieval and exchange.
The Department shall serve as the central depository of all data and information related to air quality.
SEC. 7. Integrated Air Quality Improvement Framework.- The Department shall within six (6) months after the effectivity of this Act, establish, with the participation of LGUs, NGOs, POs, the academe and other concerned entities from the private sector, formulate and implement the Integrated Air Quality Improvement Framework for a comprehensive air pollution management and control program. The framework shall, among others, prescribe the emission reduction goals using permissible standards, control strategies and control measures to undertaken within a specified time period, including cost-effective use of economic incentives, management strategies, collective actions, and environmental education and information.
The Integrated Air Quality Improvement Framework shall be adopted as the official blueprint with which all government agencies must comply with to attain and maintain ambient air quality standards.
SEC. 8. Air Quality Control Action Plan.- Within six (6) months after the formulation of the framework, the Department shall, with public participation, formulate and implement an air quality control action plan consistent with Sec. 7 of this Act. The action plan shall:
a) Include enforceable emission limitations and other control measures, means or techniques, as well as schedules and time tables for compliance, as may be necessary or appropriate to meet the applicable requirements of this Act;
b) Provide for the establishment and operation of appropriate devices, methods, systems and procedures necessary to monitor, compile and analyze data on ambient air quality;
c) Include a program to provide for the following: (1) enforcement of the measures described in subparagraph [a]; (2) regulation of the modification and construction of any stationary source within the areas covered by the plan, in accordance with land use policy to ensure that ambient air quality standards are achieved; d) Contain adequate provisions, consistent with the provisions of this Act, prohibiting any source or other types of emissions activity within the country from emitting any air pollutant in amounts which will significantly contribute to the non-attainment or will interfere with the maintenance by the Department of any such ambient air quality standard required to be included in the implementation plan to prevent significant deterioration of air quality or to protect visibility; e) Include control strategies and control measures to be undertaken within a specified time period, including cost effective use of economic incentives, management strategies, collection action and environmental education and information; f) Designate airsheds; and g) All other measures necessary for the effective control and abatement of air pollution.
The adoption of the plan shall clarify the legal effects on the financial, manpower and budgetary resources of the affected government agencies, and on the alignment of their programs with the plans.
In addition to direct regulations, the plan shall be characterized by a participatory approach to the pollution problem. The involvement of private entities in the monitoring and testing of emissions from mobile and/or stationary sources shall be considered.
Likewise, the LGU’s, with the assistance from the Department, shall prepare and develop an action plan consistent with the Integrated Air Quality Improvement Framework to attain and maintain the ambient air quality standards within their respective airsheds as provided in Sec. 9 hereof.
The local government units shall develop and submit to the Department a procedure for carrying out the action plan for their jurisdiction. The Department, however, shall maintain its authority to independently inspect the enforcement procedure adopted. The Department shall have the power to closely supervise all or parts of the air quality action plan until such time the local government unit concerned can assume the function to enforce the standards set by the Department.
A multi-sectoral monitoring team with broad public representation shall be convened by the Department for each LGU to conduct periodic inspections of air pollution sources to assess compliance with emission limitations contained in their permits.
SEC. 9. Airsheds.- Pursuant to Sec. 8 of this Act, the designation of airsheds shall be on the basis of, but not limited to, areas with similar climate, meteorology and topology which affect the interchange and diffusion of pollutants in the atmosphere, or areas which share common interest or face similar development programs, prospects or problems.
For a more effective air quality management, a system of planning and coordination shall be established and a common action plan shall be formulated for each airshed.
To effectively carry out the formulated action plans, a Governing Board is hereby created, hereinafter referred to as the Board.
The Board shall be headed by the Secretary of the Department of Environment and Natural Resources as chairman. The members shall be as follows:
a) Provincial Governors from areas belonging to the airshed;
b) City/Municipal Mayors from areas belonging to the airshed;
c) A representative from each concerned government agency;
d) Representatives from people’s organizations;
e) Representatives from non-government organizations; and
f) Representatives from the private sector.
The Board shall perform the following functions:
a) Formulation of policies;
b) Preparation of a common action plan;
c) Coordination of functions among its members; and
d) Submission and publication of an annual Air Quality Status Report for each airshed.
Upon consultation with appropriate local government authorities, the Department shall, from time to time, revise the designation of airsheds utilizing eco-profiling techniques and undertaking scientific studies.
Emissions trading may be allowed among pollution sources within an airshed.
SEC. 10. Management of Non-attainment Areas.- The Department shall designate areas where specific pollutants have already exceeded ambient standards as non-attainment areas. The Department shall prepare and implement a program that will prohibit new sources of exceeded air pollutant without a corresponding reduction in existing resources.
In coordination with other appropriate government agencies, the LGUs shall prepare and implement a program and other measures including relocation, whenever necessary, to protect the health and welfare of residents in the area.
For those designated as nonattainment areas, the Department, after consultation with local government authorities, nongovernment organizations (NGOs), people’s organizations (POs) and concerned sectors may revise the designation of such areas and expand its coverage to cover larger areas depending on the condition of the areas.
SEC. 11. Air Quality Control Techniques.- Simultaneous with the issuance of the guideline values and standards, the Department, through the research and development program contained in this Act and upon consultation with appropriate advisory committees, government agencies and LGUs, shall issue, and from time to time, revise information on air pollution control techniques. Such information shall include:
a) Best available technology and alternative methods of prevention, management and control of air pollution;
b) Best available technology economically achievable which shall refer to the technological basis/standards for emission limits applicable to existing, direct industrial emitters of nonconventional and toxic pollutants; and
c) Alternative fuels, processes and operating methods which will result in the eliminator or significant reduction of emissions.
Such information may also include data relating to the cost of installation and operation, energy requirements, emission reduction benefits, and environmental impact or the emission control technology.
The issuance of air quality guideline values, standards and information on air quality control techniques shall be made available to the general public: Provided, That the issuance of information on air quality control techniques shall not be construed as requiring the purchase of certain pollution control devices by the public.
SEC. 12. Ambient Air Quality Guideline Values and Standards.- The Department, in coordination with other concerned agencies, shall review and or revise and publish annually a list of hazardous air pollutants with corresponding ambient guideline values and/or standard necessary to protect health and safety, and general welfare. The initial list and values of the hazardous air pollutants shall be as follows:
a) For National Ambient Air Quality Guideline for Criteria Pollutants:

Short Term a

Long Term b

Pollutants
µg/Ncm
ppm
Averaging Time
µg/Ncm
ppm
Averaging Time
Suspended Particulate Matterc-TSP
230d

24 hours
90
----
1 yeare
-PM-10
150f

24 hours
60
----
1 yeare
Sulfur Dioxidec
180
0.07
24 hours
80
0.03
1 year
Nitrogen Dioxide
150
0.08
24 hours
----
----
----
Photochemical Oxidants
140
0.07
1 hour
----
----
----
As Ozone
60
0.03
8 hours
----
----
----
Carbon Monoxide 35
30
1 hour
----
----
----
----

mg/Ncm

10
9
8 hours
----
----
----

mg/Ncm

Leadg
1.5
----
3 monthsg
1.0
----
1 year

a Maximum limits represented by ninety-eight percentile (98%) values not to be exceed more than once a year.
b Arithmetic mean
c SO2 and Suspended Particulate matter are sampled once every six days when using the manual methods. A minimum of twelve sampling days per quarter of forty-eight sampling days each year is required for these methods. Daily sampling may be done in the future once continuous analyzers are procured and become available.
d Limits for Total Suspended Particulate Matter with mass median diameter less than 25-50 um.
e Annual Geometric Mean
f Provisional limits for Suspended Particulate Matter with mass median diameter less than 10 microns and below until sufficient monitoring data are gathered to base a proper guideline.
g Evaluation of this guideline is carried out for 24-hour averaging time and averaged over three moving calendar months. The monitored average value for any three months shall not exceed the guideline value.
b) For National Ambient Air Quality Standards for Source Specific Air Pollutants from:
Industrial Sources/ Operations:

Pollutants1
Concentration2

Averaging time (min.)
Method of Analysis/ Measurement3

µ/Ncm
ppm

1. Ammonia
200
0.28
30
Nesselerization/ Indo Phenol
2. Carbon Disulfide
30
0.01
30
Tischer Method
3. Chlorine and Chlorine Compounds expressed as Cl2
100
0.03
5
Methyl Orange
4. Formaldehyde
50
0.04
30
Chromotropic acid Method or MBTH Colorimetric Method
5. Hydrogen Chloride
200
0.13
30
Volhard Titration with Iodine Solution
6. Hydrogen Sulfide
100
0.07
30
Methylene Blue
7. Lead
20

30
AASc
8. Nitrogen Dioxide
375,260
0.20,0.14
30,60
Greiss- Saltzman
9. Phenol
100
0.03
30
4-Aminoantiphyrine
10. Sulfur Dioxide
470, 340
0.18, 0.13
30,60
Colorimetric-Pararosaniline
11. Suspended Particulate

Matter-TSP
300
----
60
Gravimetric

1 Pertinent ambient standards for Antimony, Arsenic, Cadmium, Asbestos, Nitric Acid and Sulfuric Acid Mists in the 1978 NPCC Rules and Regulations may be considered as guides in determining compliance.
2 Ninety-eight percentile (98%) values of 30-minute sampling measured at 250C and one atmosphere pressure.
3 Other equivalent methods approved by the Department may be used.
The basis in setting up the ambient air quality guideline values and standards shall reflect, among others, the latest scientific knowledge including information on:
a) Variable, including atmospheric conditions, which of themselves or in combination with other factors may alter the effects on public health or welfare of such air pollutant;
b) The other types of air pollutants which may interact with such pollutant to produce an adverse effect on public health or welfare; and
c) The kind and extent of all identifiable effects on public health or welfare which may be expected from presence of such pollutant in the ambient air, in varying quantities.
The Department shall base such ambient air quality standards on World Health Organization (WHO) standards, but shall not be limited to nor be less stringent than such standards.
SEC. 13. Emission Charge System.- The Department, in case of industrial dischargers, and the Department of Transportation and Communication (DOTC), in case of motor vehicle dischargers, shall, based on environmental techniques, design, impose on and collect regular emission fees from said dischargers as part of the emission permitting system or vehicle registration renewal system, as the case may be. The system shall encourage the industries and motor vehicles to abate, reduce, or prevent pollution. The basis of the fees include, but is not limited to, the volume and toxicity of any emitted pollutant. Industries, which shall install pollution control devices or retrofit their existing facilities with mechanisms that reduce pollution shall be entitled to tax incentives such as but not limited total credits and/or accelerated depreciation deductions.
SEC. 14. Air Quality Management Fund.- An Air Quality Management Fund to be administered by the Department as a special account in the National Treasury is hereby established to finance containment, removal, and clean-up operations of the Government in air pollution cases, guarantee restoration of ecosystems and rehabilitate areas affected by the acts of violators of this Act, to support research, enforcement and monitoring activities and capabilities of the relevant agencies, as well as to provide technical assistance to the relevant agencies. Such fund may likewise be allocated per airshed for the undertakings herein stated.
The Fund shall be sourced from the fines imposed and damages awarded to the Republic of the Philippines by the Pollution Adjudication Board (PAB), proceeds of licenses and permits issued by the Department under this Act, emission fees and from donations, endowments and grants in the forms of contributions. Contributions to the Fund shall be exempted from donor taxes and all other taxes, charges or fees imposed by the Government.
SEC. 15. Air Pollution Research and Development Program.- The Department, in coordination with the Department of Science and Technology (DOST), other agencies, the private sector, the academe, NGO’s and PO’s, shall establish a National Research and Development Program for the prevention and control of air pollution. The Department shall give special emphasis to research on and the development of improved methods having industry-wide application for the prevention and control of air pollution.
Such a research and development program shall develop air quality guideline values and standards in addition to internationally-accepted standards. It shall also consider the socio-cultural, political and economic implications of air quality management and pollution control.
Article Two
Air Pollution Clearances
and Permits for Stationary Sources
SEC. 16. Permits.- Consistent with the provisions of this Act, the Department shall have the authority to issue permits as it may determine necessary for the prevention and abatement of air pollution.
Said permits shall cover emission limitations for the regulated air pollutants to help attain and maintain the ambient air quality standards. These permits shall serve as management tools for the LGUs in the development of their action plan.
SEC. 17. Emission Quotas.- The Department may allow each regional industrial center that is designated as special airshed to allocate emission quotas to pollution sources within its jurisdiction that qualify under an environmental impact assessment system programmatic compliance program pursuant to the implementing rules and regulations of Presidential Decree No. 1586.
SEC. 18. Financial Liability for Environmental Rehabilitation.- As part of the environmental management plan attached to the environmental compliance certificate pursuant to Presidential Decree No. 1586 and rules and regulations set therefor, the Department shall require program and project proponents to put up financial guarantee mechanisms to finance the needs for emergency response, clean-up rehabilitation of areas that may be damaged during the program or project’s actual implementation. Liability for damages shall continue even after the termination of a program or project, where such damages are clearly attributable to that program or project and for a definite period to be determined by the Department and incorporated into the environmental compliance certificate.
Financial liability instruments may be in the form a trust fund, environmental insurance, surety bonds, letters of credit, as well as self-insurance. The choice of the guarantee instruments shall furnish the Department with evidence of availment of such instruments.
Article Three
Pollution from Stationary Sources
SEC. 19. Pollution From Stationary Sources.- The Department shall, within two (2) years from the effectivity of this Act, and every two (2) years thereafter, review, or as the need therefore arises, revise and publish emission standards, to further improve the emission standards for stationary sources of air pollution. Such emission standards shall be based on mass rate of emission for all stationary source of air pollution based on internationally accepted standards, but not be limited to, nor be less stringent than such standards and with the standards set forth in this section. The standards, whichever is applicable, shall be the limit on the acceptable level of pollutants emitted from a stationary source for the protection of the public’s health and welfare.
With respect to any trade, industry, process and fuel-burning equipment or industrial plant emitting air pollutants, the concentration at the point of emission shall not exceed the following limits:
Pollutants
Standard Applicable to Source
Maximum Permissible Limits (mg/Ncm)
Method of Analysisa
1. Antimony and Its compounds
any source
10 as Sb
AASb
2. Arsenic and its compounds
Any source
10 as As
AASb
3. Cadmium and its compounds
Any source
10 as Cd
AASb
4. Carbon Monoxide
Any industrial Source
500 as CO
Orsat analysis
5. Copper and its Compounds
Any industrial source
100 ax Cu
AASb
6. Hydrofluoric Acids and Fluoride compounds
Any source other than the manufacture of Aluminum from Alumina
50 as HF
Titration with Ammonium Thiocyanate
7. Hydrogen Sulfide
i) Geothermal Power Plants
c.d
Cadmium Sulfide Method

ii) Geothermal Exploration and well-testing
e

iii) Any source other than (i) and (ii)
7 as H2S
Cadmium Sulfide Method
8. Lead
Any trade, industry or process
10 as Pb
AASb
9. Mercury
Any Source
5 as elemental Hg
AASb/Cold-Vapor Technique or Hg Analyzer
10. Nickel and its compounds, except Nickel Carbonyl f
Any source
20 as Ni
AASb
11. NOx
i) Manufacture of Nitric Acid
2,000 as acid and NOx and calculated as NO2
Phenol-disulfonic acid Method

ii) Fuel burning steam generators

Phenol-disulfonic acid Method

Existing Source
1,500 as NO2

New Source

• Coal-Fired
1,000 as NO2

• Oil-Fired
500 as NO2

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

Phenol-disulfonic acid Method

Existing Source
1000 as NO2

New Source
500 as NO2

12. Phosphorus Pentoxideg
Any source
200 as P2O5
Spectrophotometry
13. Zinc and its Compounds
Any source
100 as Zn
AASb

a Other equivalent methods approved by the Department may be used.
b Atomic Absorption Specttrophotometry
c All new geothermal power plants starting construction by 01 January 1995 shall control HsS emissions to not more than 150 g/GMW-Hr
d All existing geothermal power plants shall control HsS emissions to not more than 200 g/GMW-Hr within 5 years from the date of effectivity of these revised regulations.
e Best practicable control technology for air emissions and liquid discharges. Compliance with air and water quality standards is required.
f Emission limit of Nickel Carbonyl shall not exceed 0.5 mg/Ncm.
g Provisional Guideline
Provided, That the maximum limits in mg/ncm particulates in said sources shall be:
1. Fuel Burning Equipment

a) Urban or Industrial Area
150 mg/Ncm
b) Other Area
200 mg/Ncm
2. Cement Plants (Kilns, etc.)
150 mg/Ncm
3. Smelting Furnaces
150 mg/Ncm
4. Other Stationary Sourcesa
200 mg/Ncm

a Other Stationary Sources means a trade, process, industrial plant, or fuel burning equipment other than thermal power plants, industrial boilers, cement plants, incinerators and smelting furnaces.
Provided, further, That the maximum limits for sulfur oxides in said sources shall be:
(1) Existing Sources

(i) Manufacture of Sulfuric Acid and Sulf(on)ation Process
2.0gm.Ncm as SO3
(ii) Fuel burning Equipment
1.5gm.Ncm as SO2
(iii) Other Stationary Sourcesa
1.0gm.Ncm as SO3
(2) New Sources

(i) Manufacture of Sulfuric Acid and Sulf(on)ation Process
1.5 gm.Ncm as SO3
(ii) Fuel Burning Equipment
0.7 gm.Ncm as SO2
(iii) Other Stationary Sourcesa
0.2 gm.Ncm as SO3

a Other Stationary Sources refer to existing and new stationary sources other than those caused by the manufacture of sulfuric acid and sulfonation process, fuel burning equipment and incineration.
For stationary sources of pollution not specifically included in the immediately preceding paragraph, the following emission standards shall not be exceeded in the exhaust gas:
I. Daily And Half Hourly Average Values

Daily Average Values
Half Hourly Average Values
Total dust
10 mg/m3
30 mg/m3
Gaseous and vaporous organic substances, expressed as total organic carbon
10 mg/m3
20 mg/m3
Hydrogen chloride (HCl)
10 mg/m3
60 mg/m3
Hydrogen fluoride (HF)
1 mg/m3
4 mg/m3
Sulfur dioxide (SO2)
50 mg/m3
200 mg/m3
Nitrogen monoxide (NO) and Nitrogen dioxide (NO2), expressed as nitrogen dioxide for incineration plants with a capacity exceeding 3 tonnes per hour
200 mg/m3
400 mg/m3
Nitrogen monoxide (NO) and nitrogen dioxide (NO2), expressed as nitrogen dioxide for incineration plants with a capacity of 3 tonnes per hour or less
300 mg/m3

Ammonia
10 mg/m3
20 mg/m3
II. All the Average Values Over the Sample Period of a Minimum of 4 and Maximum of 8 Hours.
Cadmium and its compounds, expressed as cadmium (Cd)
total 0.05
Thallium and its compounds, expressed as thallium (Tl)
mg/m3
Mercury and its Compounds, expressed as mercury (Hg)
0.05 mg/m3
Antimony and its compounds, expressed as antimony (Sb)

Arsenic and its compounds, expressed as arsenic (As)
total 0.5 mg/m3
Lead and its compounds, expressed as lead ( Pb)

Chromium and its compounds, expressed as chromium (Cr)

Cobalt and its compounds, expressed as cobalt (Co)

Copper and its compounds, expressed as copper (Cu)

Manganese and its compounds, expressed as manganese (Mn)

Nickel and its compounds, expressed as nickel (Ni)

Vanadium and its compounds, expressed as vanadium (V)

Tin and its compounds, expressed as tin (Sn)

These average values cover also gaseous and the vapor forms of the relevant heavy metal emission as well as their compounds: Provided, That the emission of dioxins and furans into the air shall be reduced by the most progressive techniques: Provided, further, That all average of dioxin and furans measured over the sample period of a minimum of 5 hours and maximum of 8 hours must not exceed the limit value of 0.1 nanogram/m3.
Pursuant to Sec. 8 of this Act, the Department shall prepare a detailed action plan setting the emission standards or standards of performance for any stationary source the procedure for testing emissions for each type of pollutant, and the procedure for enforcement of said standards.
Existing industries, which are proven to exceed emission rates established by the Department in consultation with stakeholders, after a thorough, credible and transparent measurement process shall be allowed a grace period of eighteen (18) months for the establishment of an environmental management system and the installation of an appropriate air pollution control device : Provided, That an extension of not more than twelve (12) months may be allowed by the Department on meritorious grounds.
SEC. 20. Ban on Incineration.- Incineration, hereby defined as the burning of municipal, biomedical and hazardous waste, which process emits poisonous and toxic fumes is hereby prohibited; Provided, however, That the prohibition shall not apply to traditional small-scale method of community/neighborhood sanitation “siga”, traditional, agricultural, cultural, health, and food preparation and crematoria; Provided, further, That existing incinerators dealing with a biomedical wastes shall be out within three (3) years after the effectivity of this Act; Provided, finally, that in the interim, such units shall be limited to the burning of pathological and infectious wastes, and subject to close monitoring by the Department.
Local government units are hereby mandated to promote, encourage and implement in their respective jurisdiction a comprehensive ecological waste management that includes waste segregation, recycling and composting.
With due concern on the effects of climate change, the Department shall promote the use of state-of-the-art, environmentally-sound and safe non-burn technologies for the handling, treatment, thermal destruction, utilization, and disposal of sorted, unrecycled, uncomposted, biomedical and hazardous wastes.
Article Four
Pollution from Motor Vehicles
SEC. 21. Pollution from Motor Vehicles.- a) The DOTC shall implement the emission standards for motor vehicles set pursuant to and as provided in this Act. To further improve the emission standards, the Department shall review, revise and publish the standards every two (2) years, or as the need arises. It shall consider the maximum limits for all major pollutants to ensure substantial improvement in air quality for the health, safety and welfare of the general public.
The following emission standards for type approval of motor vehicles shall be effective by the year 2003:
a) For light duty vehicles, the exhaust emission limits for gaseous pollutants shall be:
Emission Limits for Light Duty Vehicles
Type Approval
(Directive 91/441/EEC)

2.72
0.97
CO
(g/km)
a for compression-ignition engines only
b) For light commercial vehicles, the exhaust emission limit of gaseous pollutants as a function of the given reference mass shall be:

Reference Weight (RW) (kg)
CO (g/km)
HC + NOx (g/km)
PMa (g/km)
Category 1
1250< RW
2.72
0.97
0.14
Category 2
1250< RW<1700
5.17
1.4
0.19
Category 3
RW>1700
6.9
1.7
0.25

a for compression-ignition engines only
c) For heavy duty vehicles, the exhaust emission limits of gaseous pollutants shall be:
CO
(g/k/Wh)
HC
(g/k/Wh)
NOx
(g/k/Wh)
PM
(g/k/Wh)
4.5
1.1
8.0
0.36a

a In the case of engines of 85 kW or less, the limit value for particular emissions in increased by multiplying the quoted limit by a coefficient of 1.7
Fuel evaporative emission for spark-ignition engines shall not exceed 2.0 grams hydrocarbons per test. Likewise, it shall not allow any emission of gases from crankcase ventilation system into the atmosphere.
b) The Department, in collaboration with the DOTC, DTI and LGUs, shall develop an action plan for the control and management of air pollution from motor vehicles consistent with the Integrated Air Quality Framework. The DOTC shall enforce compliance with the emission standards for motor vehicles set by the Department. The DOTC may deputize other law enforcement agencies and LGUs for this purpose. To this end, the DOTC shall have the power to:
[1] Inspect and monitor the emissions of motor vehicles;
[2] Prohibit or enjoin the use of motor vehicles or a class of motor vehicles in any area or street at specified times; and
[3] Authorize private testing emission testing centers duly accredited by the DTI.
c) The DOTC, together with the DTI and the Department, shall establish the procedures for the inspection of motor vehicles and the testing of their emissions for the purpose of determining the concentration and/or rate of pollutants discharged by said sources.
d) In order to ensure the substantial reduction of emissions from motor vehicles, the Department of Trade and Industry (DTI), together with the DOTC and the Department shall formulate and implement a national motor vehicle inspection and maintenance program that will promote efficient and safe operation of all motor vehicles. In this regard, the DTI shall develop and implement standards and procedures for the certification of training institutions, instructors and facilities and the licensing of qualified private service centers and their technicians as prerequisite for performing the testing, servicing, repair and the required adjustment to the vehicle emission system. The DTI shall likewise prescribe regulations requiring the disclosure of odometer readings and the use of tamper-resistant odometers for all motor vehicles including tamper-resistant fuel management systems for the effective implementation of the inspection and maintenance program.
SEC. 22. Regulation of All Motor Vehicles and Engines.- Any imported new or locally-assembled new motor vehicle shall not be registered unless it complies with the emission standards set pursuant to this Act, as evidenced by a Certificate of Conformity (COC) issued by the Department.
Any imported new motor vehicle engine shall not be introduced into commerce, sold or used unless it complies with emission standards set pursuant to this Act.
Any imported used motor vehicle or rebuilt motor vehicle using new or used engines, major parts or components shall not be registered unless it complies with the emission standards.
In case of non-compliance, the importer or consignee may be allowed to modify or rebuild the vehicular engine so it will be in compliance with applicable emission standards.
No motor vehicle registration (MVR) shall be issued unless such motor vehicle passes the emission testing requirement promulgated in accordance with this Act. Such testing shall be conducted by the DOTC or its authorized inspection centers within sixty (60) days prior to date of registration.
The DTI shall promulgate the necessary regulations prescribing the useful life of vehicles and engines including devices in order to ensure that such vehicles will conform to the emissions which they were certified to meet. These regulations shall include provisions for ensuring the durability of emission devices.
SEC. 23. Second-Hand Motor Vehicle Engines.- Any imported second-hand motor vehicle engine shall not be introduced into commerce, sold or used unless it complies with emission standards set pursuant to this Act.
Article Five
Pollution from Other Sources
SEC. 24. Pollution from smoking.- Smoking inside a public building or an enclosed public place including public vehicles and other means of transport or in any enclosed area outside of one’s private residence, private place of work or any duly designated smoking area is hereby prohibited under this Act. This provision shall be implemented by the LGUs.
SEC. 25. Pollution from other mobile sources.- The Department, in coordination with appropriate agencies, shall formulate and establish the necessary standards for all mobile sources other than those referred to in Sec. 21 of this Act. The imposition of the appropriate fines and penalties from these sources for any violation of emission standards shall be under the jurisdiction of the DOTC.

Chapter 3
Fuels, Additives, Substances and Pollutants
Article One
Fuels, Additives and Substances
SEC. 26. Fuels and Additives.- Pursuant to the Air Quality Framework to be established under Section 7 of this Act, the Department of Energy (DOE), co-chaired by the Department of Environment and Natural Resources (DENR), in consultation with the Bureau of Product Standards (BPS) of the DTI, the DOST, the representatives of the fuel and automotive industries, academe and the consumers shall set the specifications for all types of fuel and fuel-related products, to improve fuel composition for increased efficiency and reduced emissions: Provided, however, that the specifications for all types of fuel and fuel-related products set-forth pursuant to this section shall be adopted by the BPS as Philippine National Standards (PNS).
The DOE shall also specify the allowable content of additives in all types of fuels and fuel-related products. Such standards shall be based primarily on threshold levels of health and research studies. On the basis of such specifications, the DOE shall likewise limit the content or begin that phase-out of additives in all types of fuels and fuel-related products as it may deem necessary. Other agencies involved in the performance of this function shall be required to coordinate with the DOE and transfer all documents and information necessary for the implementation of this provision.
Consistent with the provisions of the preceding paragraphs under this section, it is declared that:
a) not later than eighteen (18) months after the effectivity of this Act, no person shall manufacture, import, sell, supply, offer for sale, dispense, transport or introduce into commerce unleaded premium gasoline fuel which has an anti-knock index (AKI) of not less that 87.5 and Reid vapor pressure of not more than 9 psi. Within six (6) months after the effectivity of this Act, unleaded gasoline fuel shall contain aromatics not to exceed forty-five percent (45%) by volume and benzene not to exceed four percent (4%) by volume; Provided, that by year 2003, unleaded gasoline fuel should contain aromatics not to exceed thirty-five percent (35%) by volume and benzene not to exceed two percent (2%) by volume;
b) not later than eighteen (18) months after the effectivity of this Act, no person shall manufacture, import, sell, supply, offer for sale, dispense, transport or introduce into commerce automotive diesel fuel which contains a concentration of sulfur in excess of 0.20% by weight with a cetane number of index of not less than forty-eight (48): Provided, That by year 2004, content of said sulfur shall be 0.05% by weight; and
c) not later than eighteen (18) months after the effectivity of this Act, no Person shall manufacture, import, sell, supply, offer for sale, dispense, transport or introduce into commerce industrial diesel fuel which contains a concentration of sulfur in excess of 0.30% (by weight).
Every two (2) years thereafter or as the need arises, the specifications of unleaded gasoline and of automotive and industrial diesel fuels shall be reviewed and revised for further improvement in formulation and in accordance with the provisions of this Act.
The fuels characterized above shall be commercially available. Likewise, the same shall be the reference fuels for emission and testing procedures to be established in accordance with the provisions of this Act.
Any proposed additive shall not in any way increase emissions of any of the regulated gases which shall include, but not limited to carbon monoxide, hydrocarbons, and oxides of nitrogen and particulate matter, in order to be approved and certified by the Department.
SEC. 27. Regulation of Fuels and Fuel Additives.- The DOE, in coordination with the Department and the BPS, shall regulate the use of any fuel or fuel additive. No manufacturer, processor or trader of any fuel or additive may import, sell, offer for sale, or introduce into commerce such fuel for additive unless the same has been registered with the DOE. Prior to registration, the manufacturer, processor or trader shall provide the DOE with the following relevant information:
a) Product identity and composition to determine the potential health effects of such fuel additives;
b) Description of the analytical technique that can be used to detect and measure the additive in any fuel;
c) Recommended range of concentration; and
d) Purpose in the use of the fuel and additive.
SEC. 28. Misfueling.- In order to prevent the disabling of any emission control device by lead contamination, no person shall introduce or cause or allow the introduction of leaded gasoline into any motor vehicle equipped with a gasoline tank filler inlet and labeled “unleaded gasoline only“. This prohibition shall also apply to any person who knows or should know that such vehicle is designed solely for the use of unleaded gasoline.
SEC. 29. Prohibition on Manufacture, Import and Sale of leaded Gasoline and of Engines and/or Components Requiring Leaded Gasoline.- Effective not later than eighteen (18) months after the enactment of this Act, no person shall manufacture, import, sell, offer for sale, introduce into commerce, convey or otherwise dispose of, in any manner, leaded gasoline and engines and components requiring the use of leaded gasoline.
For existing vehicles, the DTI shall formulate standards and procedures that will allow non-conforming engines to comply with the use of unleaded fuel within five(5) years after the effectivity of this Act.
Article Two
Other Pollutants
SEC. 30. Ozone-Depleting Substances.- Consistent with the terms and conditions of the Montreal Protocol on Substances that Deplete the Ozone Layer and other international agreements and protocols to which the Philippines is a signatory, the Department shall phase out ozone-depleting substances.
Within sixty (60) days after the enactment of this Act, the Department shall publish a list of substances which are known to cause harmful effects on the stratospheric ozone layer.
SEC. 31. Greenhouse Gases.- The Philippine Atmospheric, Geophysical and Astronomical Service Administration (PAGASA) shall regularly monitor meteorological factors affecting environmental conditions including ozone depletion and greenhouse gases and coordinate with the Department in order to effectively guide air pollution monitoring and standard-setting activities.
The Department, together with concerned agencies and local government units, shall prepare and fully implement a national plan consistent with the United Nations Framework Convention on Climate Change and other international agreements, conventions and protocols on the reduction of greenhouse gas emissions in the country.
SEC. 32. Persistent Organic Pollutants.- The Department shall, within a period of two (2) years after the enactment of this Act, establish an inventory list of all sources of Persistent Organic Pollutants (POPs) in the country. The Department shall develop short-term and long-term national government programs on the reduction and elimination of POPs such as dioxins and furans. Such programs shall be formulated within a year after the establishment of the inventory list.
SEC. 33. Radioactive Emissions.- All projects which will involve the use of atomic and/or nuclear energy, and will entail release and emission of radioactive substances into the environment, incident to the establishment or possession of nuclear energy facilities and radioactive materials, handling, transport, production, storage, and use of radioactive materials, shall be regulated in the interest of public health and welfare by the Philippine Nuclear Research Institute (PNRI), in coordination with Department and other appropriate government agencies.

Chapter 4
Institutional Mechanism
SEC. 34. Lead Agency.- The Department, unless otherwise provided herein, shall be the primary government agency responsible for the implementation and enforcement of this Act. To be more effective in this regard, The Department’s Environmental Management Bureau (EMB) shall be converted from a staff bureau to a line bureau for a period of no more than two (2) years, unless a separate, comprehensive environmental management agency is created.
SEC. 35. Linkage Mechanism.- The Department shall consult, participate, cooperate and enter into agreement with other government agencies, or with affected non-governmental (NGOs) or people’s organizations (POs),or private enterprises in the furtherance of the objectives of this Act.
SEC. 36. Role of Local Government Units.- Local Government Units (LGUs) shall share the responsibility in the management and maintenance of air quality within their territorial jurisdiction. Consistent with Sections 7, 8 and 9 of this Act, LGUs shall implement air quality standards set by the Board in areas within their jurisdiction; Provided, however, That in case where the board has not been duly constituted and has not promulgated its standards, the standards set forth in this Act shall apply.
The Department shall provide the LGUs with technical assistance, trainings and a continuing capability-building program to prepare them to undertake full administration of the air quality management and regulation within their territorial jurisdiction.
SEC. 37. Environmental and Natural Resources Office.- There may be established an Environment and Natural Resources Office in every province, city, or municipality which shall be headed by the environment and natural resources officer and shall be appointed by the Chief Executive of every province, city or municipality in accordance with the provisions of Section 484 of Republic Act No. 7160. Its powers and duties, among others, are:
a) To prepare comprehensive air quality management programs, plans and strategies within the limits set forth in Republic act. No. 7160 and this Act which shall be implemented within its territorial jurisdiction upon the approval of the sanggunian;
b) To provide technical assistance and support to the governor or mayor, as the case may be, in carrying out measures to ensure the delivery of basic services and the provision of adequate facilities relative to air quality;
c) To take the lead in all efforts concerning air quality protection and rehabilitation;
d) To recommend to the Board air quality standards which shall not exceed the maximum permissible standards set by rational laws;
e) To coordinate with other government agencies and non-governmental organizations in the implementation of measures to prevent and control air pollution; and
f) Exercise such other powers and perform such duties and functions as may be prescribed by law or ordinance: Provided, however, That in provinces/cities/municipalities where there are no environment and natural resources officers, the local executive concerned may designate any of his official and/or chief of office preferably the provincial, city or municipal agriculturist, or any of his employee: Provided, finally, That in case an employee is designated as such, he must have sufficient experience in environmental and natural resources management, conservation and utilization.
SEC. 38. Record-keeping, Inspection, Monitoring and Entry by the Department.- The Department or its duly accredited entity shall, after proper consultation and notice, require any person who owns or operates any emissions source or who is subject to any requirement of this Act to:
(a) establish and maintain relevant records;
(b) make relevant reports;
(c) install, use and maintain monitoring equipment or methods;
(d) sample emission, in accordance with the methods, locations, intervals and manner prescribed by the Department;
(e) keep records on control equipment parameters, production variables or other indirect data when direct monitoring of emissions is impractical; and
(f) provide such other information as the Department may reasonably require.
Pursuant to this Act, the Department, through its authorized representatives, shall have the right of:
(a) entry or access to any premises including documents and relevant materials as referred to in the herein preceding paragraph;
(b) inspect any pollution or waste source, control device, monitoring equipment or method required; and
(c) test any emission.
Any record, report or information obtained under this section shall be made available to the public, except upon a satisfactory showing to the Department by the entity concerned that the record, report or information, or parts thereof, if made public, would divulge secret methods or processes entitled to protection as intellectual property. Such record, report or information shall likewise be incorporated in the Department’s industrial rating system.
SEC. 39. Public Education and Information Campaign.- A continuing air quality information and education campaign shall promoted by the Department, the Department of Education, Culture and Sports (DECS), the Department of the Interior and Local Government (DILG), the Department of Agriculture (DA) and the Philippine Information Agency (PIA). Consistent with Sec. 7 of this Act, such campaign shall encourage the participation of other government agencies and the private sector including NGOs, POs, the academe, environmental groups and other private entities in a multi-sectoral information campaign.

Chapter 5
Actions
SEC. 40. Administrative Action.- Without prejudice to the right of any affected person to file an administrative action, the Department shall, on its own instance or upon verified complaint by any person, institute administrative proceedings against any person who violates:
(a) Standards or limitation provided under this Act; or
(b) Any order, rule or regulation issued by the Department with respect to such standard or limitation.
SEC. 41. Citizen Suits.- For purposes of enforcing the provisions of this Act or its implementing rules and regulations, any citizen may file an appropriate civil, criminal or administrative action in the proper courts against:
(a) Any person who violates or fails to comply with the provisions of this Act or its implementing rules and regulations; or
(b) The Department or other implementing agencies with respect to orders, rules and regulations issued inconsistent with this Act; and/or
(c) Any public officer who willfully or grossly neglects the performance of an act specifically enjoined as a duty by this Act or its implementing rules and regulations; or abuses his authority in the performance of his duty; or, in any manner, improperly performs his duties under this Act or its implementing rules and regulations: Provided, however, That no suit can be filed until thirty-day (30) notice has been taken thereon.
The court shall exempt such action from the payment of filing fees, except fees for actions not capable of pecuniary estimations, and shall likewise, upon prima facie showing of the non-enforcement or violation complained of, exempt the plaintiff from the filing of an injunction bond for the issuance of a preliminary injunction.
Within thirty (30) days, the court shall make a determination if the compliant herein is malicious and/or baseless and shall accordingly dismiss the action and award attorney’s fees and damages.
SEC. 42. Independence of Action.- The filing of an administrative suit against such person/entity does not preclude the right of any other person to file any criminal or civil action. Such civil action shall proceed independently.
SEC. 43. Suits and Strategic Legal Actions Against Public Participation and the Enforcement of This Act.- Where a suit is brought against a person who filed an action as provided in Sec. 41 of this Act, or against any person, institution or government agency that implements this Act, it shall be the duty of the investigating prosecutor or the court, as the case may be, to immediately make a determination not exceeding thirty (30) days whether said legal action has been filed to harass, vex, exert undue pressure or stifle such legal recourses of the person complaining of or enforcing the provisions of this Act. Upon determination thereof, evidence warranting the same, the court shall dismiss the case and award attorney’s fees and double damages.
This provision shall also apply and benefit public officers who are sued for acts committed in their official capacity, their being no grave abuse of authority, and done in the course of enforcing this Act.
SEC. 44. Lien Upon Personal and Immovable Properties of Violators.- Fines and penalties imposed pursuant to this Act shall be liens upon personal or immovable properties of the violator. Such lien shall, in case of insolvency of the respondent violator, enjoy preference to laborer’s wages under Articles 2241 and 2242 of Republic Act No. 386, otherwise known as the New Civil Code of the Philippines.

Chapter 6
Fines and Penalties
SEC. 45. Violation of Standards for Stationary Sources.- For actual exceedance of any pollution or air quality standards under this Act or its rules and regulations, the Department, through the Pollution Adjudication Board (PAB), shall impose a fine of not more than One hundred thousand pesos (P100,000.00) for every day of violation against the owner or operator of a stationary source until such time that the standards have been complied with.
For purposes of the application of the fines, the PAB shall prepare a fine rating system to adjust the maximum fine based on the violator’s ability to pay, degree of willfulness, degree of negligence, history of non-compliance and degree of recalcitrance: Provided, That in case of negligence, the first time offender’s ability to pay may likewise be considered by the Pollution Adjudication Board: Provided, further, That in the absence of any extenuating or aggravating circumstances, the amount of fine for negligence shall be equivalent to one-half of the fine for willful violation.
The fines herein prescribed shall be increased by at least ten percent (10%), every three (3) years to compensate for inflation and to maintain the deterrent function of such fines.
In addition to the fines, the PAB shall order closure, suspension of development, construction, or operations of the stationary sources until such time that proper environmental safeguards are put in place: Provided, That an establishment liable for a third offense shall suffer permanent closure immediately. This paragraph shall be without prejudice to the immediate issuance of an ex parte order for such closure, suspension of development or construction, or cessation of operations during the pendency of the case upon prima facie evidence that their is imminent threat to life, public health, safety or general welfare, or to plant or animal life, or whenever there is an exceedance of the emission standards set by the Department and/or the Board and/or the appropriate LGU.
SEC. 46. Violation of Standards for Motor Vehicles.- No motor vehicle shall be registered with the DOTC unless it meets the emission standards set by the Department as provided in Sec. 21 hereof.
Any vehicle suspected of violation of emission standards through visual signs, such as, but not limited to smoke-belching, shall be subjected to an emission test by a duly authorized emission testing center. For this purpose, the DOTC or its authorized testing center shall establish a roadside inspection system. Should it be shown that there was no violation of emission standards, the vehicle shall be immediately released. Otherwise, a testing result indicating an exceedance of the emission standards would warrant the continuing custody of the impounded vehicle unless the appropriate penalties are fully paid, and the license plate is surrendered to the DOTC pending the fulfillment of the undertaking by the owner/operator of the motor vehicle to make the necessary repairs so as to comply with the standards. A pass shall herein be issued by the DOTC to authorize the use of the motor vehicle within a specified period that shall not exceed seven (7) days for the sole purpose of making the necessary repairs on the said vehicle. The owner/operator of the vehicle shall be required to correct its defects and show proof of compliance to the appropriate pollution control office before the vehicle can be allowed to be driven on any public or subdivision roads.
In addition, the driver and operator of the apprehended vehicle shall undergo a seminar on pollution control management conducted by the DOTC and shall also suffer the following penalties:
a) First Offense - a fine not to exceed Two Thousand Pesos (P2,000.00);
b) Second Offense - a fine not less than Two Thousand Pesos (P2,000.00) and not to exceed Four Thousand Pesos (P4,000.00); and
c) Third offense - one (1) year suspension of the Motor Vehicle Registration (MVR) and a fine of not less than Four Thousand Pesos (P4,000.00) and not more than Six thousand pesos (P6,000.00).
Any violation of the provisions of Sec. 21 paragraph (d) with regard to national inspection and maintenance program, including technicians and facility compliance shall penalized with a fine of not less than Thirty Thousand Pesos (P30,000.00) or cancellation of license of both the technician and the center, or both, as determined by the DTI.
All law enforcement officials and deputized agents accredited to conduct vehicle emissions testing and apprehensions shall undergo a mandatory training on emission standards and regulations. For this purpose, the Department, together with the DOTC, DTI, DOST, Philippine National Police (PNP) and other concerned agencies and private entities shall design a training program.
SEC. 47. Fines and Penalties for Violations of Other Provisions in the Act.- For violations of all other provisions provided in this Act and of the rules and regulations thereof, a fine of not less than Ten thousand pesos (P10,000) but not more than One Hundred thousand Pesos (P100,000) or six (6) months to six (6) years imprisonment or both shall be imposed. If the offender is a juridical person, the president, manager, directors, trustees, the pollution control officer or the officials directly in charge of the operations shall suffer the penalty herein provided.
SEC. 48. Gross Violations.- In case of gross violation of this Act or its implementing rules and regulations, the PAB shall recommend to the proper government agencies to file the appropriate criminal charges against the violators. The PAB shall assist the public prosecutor in the litigation of the case. Gross violation shall mean:
[a] three (3) or more specific offenses within a period of one (1) year;
[b] three (3) or more specific offenses with three (3) consecutive years;
[c] blatant disregard of the orders of the PAB, such s but not limited to the breaking of seal, padlocks and other similar devices, or operation despite the existence of an order for closure, discontinuance or cessation of operation; and
[d] irreparable or grave damage to the environment as a consequence of any violation of the provisions of this Act.
Offenders shall be punished with imprisonment of not less than six (6) years but not more than ten (10) years at the discretion of the court. If the offender is a juridical person, the president, manager, directors, trustees, the pollution control officer or the officials directly in charge of the operations shall suffer the penalty herein provided.

Chapter 7
Final Provisions
SEC. 49. Potential Loss or Shifts of Employment.- The Secretary of Labor is hereby authorized to establish a compensation, retraining and relocation program to assist workers laid off due to a company’s compliance with the provisions of this Act.
SEC. 50. Appropriations.- An amount of Seven Hundred Fifty Million Pesos (P750,000,000.00) shall be appropriated for the initial implementation of this Act, of which, the amount of Three Hundred Million Pesos (P300,000,000.00) shall be appropriated to the Department; Two Hundred Million Pesos (P200,000,000.00) to the DTI; One Hundred Fifty Million Pesos (P150,000,000.00) to the DOTC; and One Hundred Million Pesos (P100,000,000.00) to the DOE.
Thereafter, the amount necessary to effectively carry out the provisions of this Act shall be included in the General Appropriations Act.
SEC. 51. Implementing Rules and Regulations.- The Department, in coordination with the Committees on Environment and Ecology of the Senate and House of Representatives, respectively and other agencies, shall promulgate the implementing rules and regulations for this Act, within one (1) year after the enactment of this Act: Provided, That rules and regulations issued by other government agencies and instrumentalities for the prevention and/or abatement of pollution not inconsistent with this Act shall supplement the rules and regulations issued by the Department pursuant to the provisions of this Act.
SEC. 52. Report to Congress.- The Department shall report to Congress, not later than March 30 of every year following the approval of this Act, the progress of the pollution control efforts and make the necessary recommendations in areas where there is need for legislative action.
SEC. 53. Joint Congressional Oversight Committee.- There is hereby created a joint congressional oversight committee to monitor the implementation of this Act. The committee shall be composed of five (5) senators and five (5) representatives to be appointed by the Senate President and the Speaker of the House of Representatives, respectively, the oversight committee shall be co-chaired by a senator and a representative designated by the Senate President and the Speaker of the House of Representatives, respectively.
The mandate given to the joint congressional oversight committee under this Act shall be without prejudice to the performance of the duties and functions by the respective existing oversight committees of the Senate and the House of Representatives.
SEC. 54. Separability of Provisions.- If any provision of this Act or the application of such provision to any person or circumstances is declared unconstitutional, the remainder of the Act or the application of such provision to other person or circumstances shall not be affected by such declaration.
SEC. 55. Repealing Clause.- Presidential Decree No. 1181 is hereby repealed. Presidential Decrees Nos. 1152, 1586 and Presidential Decree No. 984 are partly modified. All other laws, orders, issuance, rules and regulations inconsistent herewith are hereby repealed or modified accordingly.
SEC. 56. Effectivity.- This Act shall take effect fifteen (15) days from the date of its publication in the Official Gazette or in at least two (2) newspapers of general circulation.

sharing my first year law notes: natural resources

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