PERTINENT Art. I.

National Territory
CONSTITUTIONAL The national territory comprises the Philippine archipelago, with all the islands and waters embraced therein, and all other territories over which the Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial, and
PROVISIONS aerial domains, including its territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas. The waters around, between, and connecting the islands of the archipelago, regardless of their breadth and dimensions,
form part of the internal waters of the Philippines.

Art. II. Declaration of Principles and State Policies

§ 15. The State shall protect and promote the right to health of the people and instill health consciousness among them.
§ 16. 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.

Art. XII. National Economy and Patrimony

§ 2. All lands of the public domain, waters, minerals, coal, petroleum, and other mineral oils, all forces of potential energy, fisheries, forests or timber, wildlife, flora and fauna, and other natural resources are owned by the State. With the
exception of agricultural lands, all other natural resources shall not be alienated. The exploration, development, and utilization of natural resources shall be under the full control and supervision of the State. The State may directly
undertake such activities, or it may enter into co-production, joint venture, or production-sharing agreements with Filipino citizens, or corporations or associations at least 60% of whose capital is owned by such citizens. Such agreements
may be for a period not exceeding 25 years, renewable for not more than 25 years, and under such terms and conditions as may be provided by law. In cases of water rights for irrigation, water supply, fisheries, or industrial uses other
than the development of water power, beneficial use may be the measure and limit of the grant.
The State shall protect the nation’s marine wealth in its archipelagic waters, territorial sea, and exclusive economic zone, and reserve its use and enjoyment exclusively to Filipino citizens.
The Congress may, by law, allow small-scale utilization of natural resources by Filipino citizens, as well as cooperative fish farming, with priority to subsistence fishermen and fishworkers in rivers, lakes, bays, and lagoons.
The President may enter into agreements with foreign-owned corporations involving either technical or financial assistance for large-scale exploration, development, and utilization of minerals, petroleum, and other mineral oils according
to the general terms and conditions provided by law, based on real contributions to the economic growth and general welfare of the country. In such agreements, the State shall promote the development and use of local scientific and
technical resources.
The President shall notify the Congress of every contract entered into in accordance with this provision, within thirty days from its execution.
§ 3. Lands of the public domain are classified into agricultural, forest or timber, mineral lands, and national parks. Agricultural lands of the public domain may be further classified by law according to the uses which they may be devoted.
Alienable lands of the public domain shall be limited to agricultural lands. Private corporations or associations may not hold such alienable lands of the public domain except by lease, for a period not exceeding 25 years, renewable for not
more than 25 years, and not to exceed 1000 hectares in area. Citizens of the Philippines may lease not more than 500 hectares, or acquire not more than 12 hectares thereof by purchase, homestead, or grant.
§ 7. Save in cases of hereditary succession, no private lands shall be transferred or conveyed except to individuals, corporations, or associations qualified to acquire or hold lands of the public domain.
§ 10. The Congress shall, upon recommendation of the economic and planning agency, when the national interest dictates, reserve to citizens of the Philippines or to corporations or associations at least 60% of whose capital is owned by
such citizens, or such higher percentage as Congress may prescribe, certain areas of investments. The Congress shall enact measures that will encourage the formation and operation of enterprises whose capital is wholly owned by
Filipinos.
In the grant of rights, privileges, and concessions covering the national economy and patrimony, the State shall give preference to qualified Filipinos.
The State shall regulate and exercise authority over foreign investments within its national jurisdiction and in accordance with its national goals and priorities.
ENVIRONMENTAL Philippine Clean Air Act Philippine Clean Water Philippine Fisheries Revised Forestry Code of Philippine Mining Act of Ecological Solid Waste National Integrated Indigenous Peoples
LAWS of 1999 Act of 2004 Code of 1998 the Philippines 1995 Management Act of 2000 Protected Areas System Rights Act of 1997
Act of 1992
ISSUANCE NO. R.A. No. 8749 R.A. No. 9275 R.A. No. 8550 (as amended P.D. No. 705 R.A. No. 7942 R.A. No. 9003 R.A. No. 7586 R.A. No. 8371
by R.A. No. 10654)
ENACTMENT 23 June 1999 22 March 2004 25 February 1998 19 May 1975 3 March 1995 26 January 2001 1 June 1992 29 October 1997
DECLARATION OF (§ 2) (§ 2) (§ 2) Introduction (§ 2) (§ 2) (§ 2) (§ 2)
POLICIES (a) Right to a balanced and (a) Streamline processes (a) Food security (a) Need for proper (a) State ownership (a) Protection of the public (a) Perpetual existence of (a) Rights of ICCs/IPs
healthful ecology and procedures in the (b) Filipino first policy classification, management (b) Rational exploration, health and environment all native plants and within the framework of
(b) Sustainable prevention, control and (c) Sustainable and utilization to development, utilization (b) Environmentally- animals national unity and
development abatement of water development maximize productivity and conservation sound methods that (b) Common ecological development
(c) Area-based cleaning pollution (d) Rights of fisherfolk (b) Need to reassess the (c) Balance national maximize utilization values that may be (b) Rights of ICCs/IPs to
responsibility (b) Protection of water (e) Support to the fishery multiple uses of forest growth and the encourage resource incorporated into a holistic their ancestral domains
(d) Polluters must pay" resources sector lands and resources to environment and rights of conservation and recovery plan representative of our (c) Rights of ICCs/IPs to
(e) A clean and healthy (c) Holistic national (f) Manage fishery and optimize benefits affected communities (c) Guidelines and targets natural heritage preserve and develop their
environment is the program of water quality aquatic resources in a (c) Sustainable for solid waste avoidance (c) National Integrated cultures, traditions and
concern of all management manner consistent with development and volume reduction Protected Areas System institutions
(d) Integrated water the concept of an (d) Present laws and (d) Proper segregation, (NIPAS) (d) Equal protection/non-
(§ 3) quality management integrated coastal area regulations are not collection, transport, discrimination as to sex
(a) Holistic national framework management responsive enough storage, treatment and within the ICCs/IPs
program of air pollution (e) Environment-friendly (g) Grant privilege to disposal of solid waste e) Equal protectio
management commercial and industrial utilize fishery resources (§ 2) (e) National research and f) ICC/IP participation in
(b) Cooperation and self- processes and products under the basic concept (a) Multiple uses of forest development programs for the direction of education,
regulation among citizens (f) Cooperation and self- that the grantee, licensee lands oriented to the improved solid waste health, as well as other
and industries regulation among citizens or permittee thereof shall development and progress management and resource services of ICCs/IPs
1 | T R A X notes
 (c) Pollution prevention and industries be an active participant in requirements of the conservation techniques (g) Mechanisms to enforce
rather than on control (g) Comprehensive the sustainable country, the advancement (f) Greater private sector and guarantee the
(d) Public information and management program for development, of science and technology, participation realization of these rights,
education water pollution focusing management, conservation and the public welfare (g) Coordination taking into consideration
(e) System of on pollution prevention; and protection of the (b) Systematized land (h) Cooperation and self- their customs, traditions,
accountability for short (h) Public information and fishery and aquatic classification and survey regulation among waste values, beliefs, interests
and long-term adverse education resources of the country (c) Establishment of wood- generators and institutions
environmental impact (i) System of processing plants (i) Public participation
(f) Air Quality accountability for short The state shall ensure the (d) Protection, (j) Integration of ecological
Management Fund and long-term adverse attainment of the following development and solid waste management
(mechanism for clean-up environmental impact objectives of the fishery rehabilitation of forest and resource conservation
and environmental (j) Encourage civil society sector: lands and recovery topics into
rehabilitation and and other sector to (a) Conservation, the academic curricula
compensation for personal organize, educate and protection and sustained
damages) motivate the people in management of the
addressing environmental country's fishery and
issues aquatic resources
(b) Poverty alleviation
(c) Aquaculture
productivity
(d) Optimal utilization
(e) Upgrading of post-
harvest technology
INSTITUTIONAL DENR (§§ 34-37) DENR (§ 19) Undersec. for Fisheries Bureau of Forestry DENR (§ 8) National Solid Waste DENR (§ 10) National Commission on
MECHANISMS • Powers & Functions • Primary government and Aquatic Resources (§ Development (BFD) • Powers & Functions: Commission (NSWC) • Control and Indigenous Peoples (NCIP)
(a) Primary government agency responsible for the 63) • Agency with which all (a) Primary government • Powers & Functions (§ administration of NIPAS • Primary government
agency responsible for the implementation and • Attending to the needs of forestry agencies are agency responsible for the 5): • Protected Areas and agency responsible for the
implementation and enforcement of Clean the fishing industry merged into (§ 4) conservation, (a) National solid waste Wildlife Division in regions formulation and
enforcement of this Act Water Act unless • Powers & Functions: • Powers & Functions: management, management framework where protected areas implementation of policies,
(b) Linkage mechanism otherwise provided herein (a) Policies and standards (a) Jurisdiction and development, and proper (b) Approve local solid have been established plans and programs to
(c) Technical assistance to • Powers & Functions: for the effective, efficient authority over all forest use of the State's mineral waste management plans • The Service thus promote and protect the
LGUs (a) National Water Quality and economical operations land, grazing lands, and all resources (c) Review and monitor established shall manage rights and well-being of
Status Report of the fishing industry forest reservations (§ 5) (b) Sec. shall have implementation of local protected areas and the ICCs/IPs and the
Environment and Natural (b) Integrated Water (b) Overall supervision (b) Protection, authority to enter into solid waste management promote the permanent recognition of their
Resources Office (ENRO) Quality Management over all functions and development, mineral agreements on plans preservation, to the ancestral domains as well
(§ 37) Framework activities of all offices and management, behalf of the Gov’t upon (d) Coordinate operation greatest extent possible of as the rights thereto (§ 38)
• Powers & Functions (c) 10-year Water Quality instrumentalities and regeneration, and the recommendation of the of local solid waste their natural conditions. • Powers & Functions
(a) Comprehensive air Management Area Action other offices related to reforestation of forest Dir. management boards in the • Powers & Functions of (a) Primary government
quality management Plan fisheries lands (§ 5); (c) Rules and regulations provincial and the Sec. of DENR: agency through which
programs, plans and (d) National Groundwater (c) Establish such fishery (c) Regulation and city/municipal levels (a) Studies on various ICCs/IPs can seek
strategies Vulnerability Map offices as may be supervision of the Mines and Geosciences (e) Assist provincial, city characteristic features and government assistance
(b) Technical assistance (e) Water Quality necessary and organize the operation of licensees, Bureau (MGB) (§ 9) and municipal solid waste conditions of the different (b) Review and assess the
and support to the Guidelines internal structure of BFAR lessees and permittees (§ • Powers & Functions: management plans protected areas conditions of ICCs/IPs
governor or mayor (f) Effluent Standards (d) Others 5); (a) Direct charge in the (f) Develop a model (b) Land use scheme and (c) Policies, plans,
(c) Lead in all efforts (g) Internationally- (d) Implementation of administration and provincial, city and zoning plan in adjoining programs and projects for
concerning air quality Accepted Procedures for Bureau of Fisheries and multiple use and sustained disposition of mineral municipal solid waste areas for the preservation the economic, social and
protection and Sampling and Analysis of Aquatic Resources (BFAR) yield management (§ 5); lands and mineral management plan and control of activities cultural development of
rehabilitation Pollutants • Reconstituted as a line (e) Protection, resources and shall (g) Technical and other that may threaten the the ICCs/IPs
(d) Recommend to the (h) Categorize Point and bureau under DA (§ 64) development and undertake researches and capability building ecological balance in the (d) Request and engage
Board air quality Non-Point Sources of • Powers & Functions (§ preservation of national surveys; assistance and support to protected areas the services and support of
standards Water Pollution 65): parks, marine parks, game (b) Dir. shall recommend LGUs (c) Plans and proposals for experts from other
(e) Coordination (i) Classify groundwater (a) Comprehensive refuges and wildlife (§ 5); to the Sec. the granting of (h) Assist LGUs in the the management of agencies of government or
(f) Others sources National Fisheries (f) Implementation of mineral agreements and identification of markets protected areas employ private experts
(j) Classify or reclassify all Industry Development measures and programs to shall monitor the for materials diverted (d) Rules and regulations and consultants as may be
LGUs (§ 36) water bodies according to Plan prevent kaingin and compliance by the from disposal facilities necessary to carry out the required
2 | T R A X notes
• Powers & Functions their Beneficial Usages; (b) Licenses for the managed occupancy of contractor of the terms (i) Imposition of sanctions provisions of this Act (e) Issue CADTs/CALTs;
(a) Share the (k) Jurisdiction over all operation of commercial forest and grazing lands (§ and conditions of the for the violations (e) Deputize field officers (f) Subject to existing laws,
responsibility in the aspects of water pollution fishing vessels 5); mineral agreements environmental rules and and delegate any of his to enter into contracts,
management and (l) Supervision and control (c) Identification cards to (g) Collaboration for the (c) Confiscate surety, regulations powers under this Act and agreements, or
maintenance of air quality over all aspects of water fishworkers engaged in effective, efficient and performance and guaranty (j) Solid Waste other laws to expedite its arrangement, with
(b) Implement air quality quality management commercial fishing economic classification of bonds posted Management Fund implementation and government or private
standards (m) Cooperative effort (d) Monitor and review lands of the public domain (d) Dir. may deputize, (k) Issuance of permits enforcement agencies or entities, and
with the government, joint fishing agreements (§ 5); when necessary, any and clearances (f) NIPAS fees subject to the approval of
Pollution Adjudication LGUs, academic between Filipino citizens (h) Enforcement of member or unit of the (l) Review the incentives (g) Administrative fees the President, to obtain
Board (PAB) (Title XIV, Ch. institutions, civil society and foreigners forestry, reforestation, PNP, barangay, duly scheme and fines for violation of loans from government
2, § 13 of the 1987 and the private sector (e) Comprehensive Fishery parks, game and wildlife registered NGO, or any (m) Education promotion guidelines, rules and lending institutions and
Administrative Code) (n) Information Research and laws, rules, and qualified person to police and information campaign regulations of this Act other lending institutions
• Powers & Functions dissemination Development Program regulations (§ 5); all mining activities strategies (h) Enter into contracts to finance its programs
(a) Adjudication of (o) Encourage private and (f) Comprehensive Fishery (i) Regulate the (n) After notice and and/or agreements with (g) Negotiate for funds and
pollution cases business sectors to use Information System; establishment and hearing, tipping charges private entities or public to accept grants,
water quality management (g) Development support operation of mills and and rates agencies as may be donations, gifts and/or
systems equipment services in all aspects of wood processing plants (o) Safety nets and necessary properties in whatever
(p) Report to Congress fisheries production, and conduct studies of alternative livelihood (i) Accept in the name of form and from whatever
annually the quality status processing and marketing domestic and world programs for small the Philippine Government source, subject to the
of water bodies (h) Advisory services and markets of forest products recyclers and in behalf of NIPAS approval of the President,
(q) Issue rules and technical assistance on the (§ 5); (p) List of non- funds, gifts or bequests of for the benefit of ICCs/IPs
regulations for the improvement of quality of (j) In-service training environmentally money for immediate (h) Coordinate
effective implementation fish center (§ 11) acceptable materials disbursements or other development programs
of the provisions of this (i) Coordinate efforts (k) System to evaluate the (q) Encourage private property in the interest of and projects for the
Act; (j) Advise and coordinate performance of its sector initiatives, the NIPAS, its activities or advancement of the
(r) Issue orders tocompel re maintenance of proper employees (§ 12) community participation its services ICCs/IPs
compliance with water sanitation and hygienic and investments resource (j) Call on any agency or (i) Convene periodic
quality practices in fish markets Dept. of Natural Resources recovery-based livelihood instrumentality of the conventions or assemblies
(s) Appropriate protocol and fish landing areas (DNR) programs for local Government as well as of IPs
with other concerned (k) Corps of specialists for • Powers & Functions of communities academic institutions, non- (j) Advise the President on
agencies for immediate the efficient monitoring, Sec. of DNR: (r) Encourage all local government organizations all matters relating to the
coordinated responses control and surveillance of (a) Supervise and control government agencies and and the private sector as ICCs/IPs and to submit a
(t) Issue permits, fishing activities within BFD (§ 7) all LGUs to patronize may be necessary report of its operations
clearances and similar Philippine territorial (b) Review actions and products manufactured (k) Annual report to be and achievements
instruments pursuant to waters and provide the decisions of BFD (§ 8) using recycled and submitted to the President (k) Submit to Congress
this Act necessary facilities, (c) Promulgate the rules recyclable materials and to Congress on the appropriate legislative
(u) Others equipment and training and regulations necessary (s) Regulations requiring status of protected areas in proposals intended to
• Shall gradually devolve therefor to implement effectively the source separation and the country carry out the policies
to the LGUs, and to the (l) Inspection system the provisions of this Code. post separation collection, (l) Uniform marker of the under this Act
governing boards the (m) Productivity (§ 9) segregated collection, System (l) Prepare and submit the
authority to administer enhancing and market (d) Visitorial powers (§ processing, marketing and (m) Determine the appropriate budget to the
some aspects of water development programs in 44) sale of organic and specification of the class, Office of the President
quality management and fishing communities to designated recyclable type and style of buildings (m) Issue appropriate
regulation enable women to engage material generated in each and other structures to be certification as a pre-
in other local government unit constructed in protected condition to the grant of
LGUs (§ 20) fisheries/economic (t) Study and review of the areas and the materials to permit, lease, grant, or any
• Share the responsibility activities following: be used other similar authority
in the management and (n) Enforce all laws, (1) Standards, criteria and (n) Control the taking into consideration
improvement of water formulate and enforce all guidelines for construction, operation the consensus approval of
quality rules and regulations promulgation and and maintenance of roads, the ICCs/IPs concerned
• Powers & Functions governing the implementation of an trails, waterworks, (n) Decide all appeals from
(thru ENRO): conservation and integrated national solid sewerage, fire protection, the decisions and acts of
(a) Monitoring of water management of fishery waste management and sanitation systems and all the various offices
quality resources, except in framework; and other public utilities within the NPIC
(b) Emergency response municipal waters, and to (2) Criteria and guidelines within the protected area (o) Rules and regulations
3 | T R A X notes
(c) Compliance with the settle conflicts of resource for siting, design, (o) Control occupancy of for the implementation of
framework of the Water use and allocation operation and suitable portions of the this Act
Quality Management (o) Develop value-added maintenance of solid waste protected area and resettle (p) Others
Action Plan fishery-products management facilities. outside of said area forest (q) Represent the
(d) Participation in all (p) Recommend measures occupants therein, with Philippine ICCs/IPs in all
efforts concerning water for the National Ecology Center the exception of the international conferences
quality protection and protection/enhancement (NEC) (§ 7) members of indigenous and conventions (§ 44)
rehabilitation of the fishery industries • Powers & Functions: communities area (r) Rules and regulations
(e) Coordination (q) Assist LGUs in (a) Training and education (p) Others governing the hearing and
developing their technical (b) Solid waste disposition of cases filed
Business & Industry capability in the management information Protected Area before it
Sectors (§ 21) development, data base Management Board (s) Administer oaths, issue
• Coordination management, regulation, (c) Development of a (PAMB) (§ 11) subpoenas
conservation, and recycling market • Created for each (t) Hold any person in
Linkage Mechanism (§ 22) protection of the fishery (d) Expert assistance in protected area contempt
• Gov’t Agencies and Their resources pilot modeling of solid • Powers & Functions: by a (u) Enjoin any or all acts
Respective Powers & (r) Rules and regulations waste management majority vote: involving or arising from
Functions: for the conservation and facilities (a) Decide the allocations any case pending before it
(a) PCG in coordination management of straddling (e) Develop, test, and for budget which, if not restrained
with DA and DENR: fish stocks and highly disseminate model waste (b) Approve proposals for forthwith, may cause grave
enforcement of water migratory fish stocks minimization and funding or irreparable damage to
quality standards in (s) Others reduction auditing (c) Decide matters relating any of the parties to the
marine waters procedures to planning, peripheral case or seriously affect
(b) DPWH (thru MWSS, Fisheries and Aquatic protection and general social or economic activity.
LWUA, etc.): provision or Resources Management DENR (§ 8) administration of the area (§ 69)
sewerage and sanitation Councils (FARMCs) • Powers & Functions:
facilities • Formed by fisherfolk (a) Chair the NSWC Ancestral Domains Office
(c) DA (thru BFAR for the organizations/cooperative (b) Annual National Solid (ADO)
prevention and control of s and NGOs in the locality Waste Management Status • Powers & Functions (§
water pollution for the and be assisted by the Report 46[a]):
development, management LGUs and other (c) Information, education (a) Identification,
and conservation of the government entities (§ 69) and communication delineation and
fisheries and aquatic • Powers & Functions of materials on solid waste recognition of ancestral
resources) in coordination the Nat’l FARMC management lands/domains
with DENR: re-use of (NFARMC) (§ 72): (d) Methods and other (b) Management of
wastewater for irrigation (a) Assist in the parameters for the ancestral lands/domains
and other agricultural uses formulation of national measurement of waste and implementation of the
(d) DOH: drinking water policies for the protection, reduction, collection and ancestral domain rights of
quality standards sustainable development disposal the ICCs/IPs
(e) DOST, in coordination and management of (e) Technical and other (c) Issuance, upon the free
with DENR and others: fishery and aquatic capability building and prior informed
pollution prevention and resources for the approval assistance and support to consent of the ICCs/IPs
cleaner production of the Sec.; the LGUs concerned, certification
technologies (b) Assist DA in the (f) Recommend policies to prior to the grant of any
(f) DepEd, CHED, DILG, preparation of the eliminate barriers to waste license, lease or permit for
PIA: implementation of a National Fisheries and reduction programs the exploitation of natural
comprehensive program Industry Development (g) Visitorial and resources affecting the
Plan; and enforcement powers interests of ICCs/IPs or
(c) Perform such other (h) Others their ancestral domains
functions as may be (i) Issue rules and
provided by law. regulations
• Powers & Functions of
the Municipal/City FARMC LGU (§ 10)
(M/CFARMC) (§ 74): • Powers & Functions:
(a) Assist in the (a) Primarily responsible
4 | T R A X notes
preparation of the for the implementation
Municipal Fishery and enforcement of the
Development Plan and provisions of this Act
submit such plan to the within their respective
Municipal Development jurisdictions
Council (b) Segregation and
(b) Recommend the collection of solid waste
enactment of municipal shall be conducted at the
fishery ordinances to the barangay level
sangguniang bayan/ (c) Collection of non-
sangguniang panlungsod recyclable materials and
(c) Assist in the special wastes shall be the
enforcement of fishery responsibility of the
laws, rules and regulations municipality or city
(d) Advise the
sangguniang Provincial Solid Waste
bayan/panlungsod on Management Board
fishery matters (PSWMB) (§ 11)
(e) Others • Powers & Functions:
• Powers & Functions of (a) Provincial solid waste
the Integrated FARMC management plan from the
(IFARMC) (§ 77): submitted solid waste
(a) Assist in the management plans of the
preparation of the respective C/MSWMB
Integrated Fishery (b) Logistical and
Development Plan and operational support to its
submit such plan to the component cities and
concerned Municipal municipalities
Development Councils (c) Measures and
(b) Recommend the safeguards against
enactment of integrated pollution and for the
fishery ordinances to the preservation of the natural
concerned sangguniang ecosystem
bayan/ panlungsod (d) Measures to generate
(c) Assist in the resources, funding and
enforcement of fishery implementation
laws, rules and regulations (e) Identify areas within
(d) Advice the concerned its jurisdiction which have
sangguniang common solid waste
bayan/panlungsod on management problems
fishery matters (f) Coordinate the efforts
(e) Others of the component cities
and municipalities in the
implementation of the
Provincial Solid Waste
Management Plan
(g) Incentive scheme
(h) Convene joint meetings
of the P and C/M SWMB
(i) Represent any of its
component city or
municipality in
coordinating its resource
and operational
requirements with
5 | T R A X notes
agencies of the national
government
(j) Oversee
implementation of the
Provincial Solid Waste
Management Plant
(k) Review Provincial Solid
Waste Management Plan
(l) Allow for the clustering
of LGUs for the solution of
common solid waste
management problems

City & Municipal Solid

Waste Management Board
(CSWMB/MSWMB) (§ 12)
• Powers & Functions:
(a) City or Municipal Solid
Waste Management Plan,
and integration of the
various solid waste
management plans and
strategies of the barangays
in its area of jurisdiction
(b) Implementation of
solid waste management
programs in its component
barangays
(c) Monitor
implementation of the City
or Municipal Solid Waste
Management Plan
(d) Revenue-generating
measures to promote the
viability of its Solid Waste
Management Plan
(e) Convene regular
meetings with respective
component barangays
(f) Oversee
implementation of the City
or Municipal Solid Waste
Management Plan
(g) Review City or
Municipal Solid Waste
Management Plan
(h) Implementation of the
City or Municipal Solid
Waste Management Plan
(i) Recommended to
appropriate local
government authorities
specific measures or
proposals for franchise or
build-operate-transfer
6 | T R A X notes
 agreements
(j)Logistical and
operational support to its
component cities and
municipalities
(k) Measures and
safeguards against
pollution and for the
preservation of the natural
ecosystem
(l) Coordinate efforts of its
components barangays in
the implementation of the
city or municipal Solid
Waste Management Plan
PENAL Prohibited Acts Prohibited Acts (§ 27) Prohibited Acts (§ ) Prohibited Acts Prohibited Acts Prohibited Acts (§ 48) Prohibited Acts (§ 20) Prohibited Acts (§ 72)
PROVISIONS (1) Violation of standards (1) Discharging, depositing (1) Unauthorized fishing (1) Cutting, gathering (1) False statements (§ (1) Littering, throwing, (1) Hunting, destroying, (1) Unauthorized and
for stationary sources (§ or causing to be deposited or engaging in other and/or collecting timber 101) dumping of waste matters disturbing, or mere unlawful intrusion upon,
45) material of any kind unauthorized fisheries or other products without (2) Illegal exploration (§ in public places, or causing possession of any plants or or use of any portion of the
(2) Violation of standards directly or indirectly into activities (§ 86) license (§ 68) 102) or permitting the same animals or products ancestral domain or land,
for motor vehicles (§ 46) the water bodies or along (2) Poaching in Philippine (2) Unlawful occupation or (3) Theft of minerals (§ (2) Undertaking activities derived therefrom without or any violation of the
(3) Violations of other the margins of any surface waters (§ 87) destruction of forest lands 103) or operating, collecting or permit rights hereinbefore
provisions (§ 47) water, where, the same (3) Fishing through (§ 69) (4) Destruction of mining transporting equipment in (2) Dumping of any waste enumerated (§ 10)
(4) Gross violations (§ 48) shall be liable to be explosives, noxious or (3) Unauthorized structures (§ 104) violation of sanitation products detrimental to (2) Violation of equal
washed into such surface poisonous substance, pasturing of livestock (§ (5) Mines arson (§ 105) operation and other the protected area, or to protection and non-
water, either by tide action and/or electricity (§ 88) 70) (6) Willful damage to a requirements or permits the plants and animals or discrimination of ICCs/IPs
or by storm, floods or (4) Use of fine mesh net (§ (4) Illegal occupation of mine (§ 106) (3) Open burning of solid inhabitants therein (§ 21)
otherwise, which could 89) national parks system and (7) Illegal Obstruction to waste (3) Use of any motorized (3) Unlawful acts
cause water pollution or (5) Use of active gear in recreation areas and permittees or contractors (4) Causing or permitting equipment without permit pertaining to employment
impede natural flow in the the municipal waters and vandalism therein (§ 71) (§ 107) the collection of non- (4) Mutilating, defacing or (§ 24)
water body bays and other fishery (5) Destruction of wildlife (8) Violation of the terms segregated or unsorted destroying objects of (4) Violation of ICCs’/IPs’
(2) Discharging, injecting management areas (§ 90) resources (§ 72) and conditions of the ECC wastes natural beauty, or objects rights to religious, cultural
or allowing to seep into (6) Coral exploitation and (6) Survey by (§ 108) (5) Squatting in open of interest to cultural sites and ceremonies (§
the soil or sub-soil any exportation (§ 91) unauthorized person (§ (9) Illegal obstruction to dumps and landfills communities (of scenic 33)
substance in any form that (7) Muro-Ami and similar 73) gov’t officials (§ 109) (6) Open dumping, value)
would pollute methods and use of gear (7) Misclassification and (10) Violation this Act or burying of biodegradable (5) Damaging and leaving Applicable Penalties (§ 72)
groundwater destructive to coral reefs survey by government its IRR (§ 110) or non-biodegradable roads and trails in a (1) Customary Laws
(3) Operating facilities that and other marine habitat official or employee (11) Late or non- materials in flood prone damaged condition (2) Existing Laws:
discharge regulated water (§ 92) contrary to the criteria and submission of reports (fine areas (6) Squatting, mineral
pollutants without the (8) Illegal use of standards established in only) (§ 111) (7) Unauthorized removal locating, or otherwise
valid required permits or superlights (§ 93) this Code (§ 74) of recyclable material occupying any land
after the permit was (9) Conversion of (8) Issuance of a tax intended for collection by (7) Constructing or
revoked for any violation mangroves (§ 94) declaration on real authorized persons maintaining any kind of
of any condition therein (10) Fishing in overfished property without a (8) The mixing of source- structure, fence or
(4) Disposal of potentially area and during closed certification from the Dir. separated recyclable enclosures, conducting any
infectious medical waste season (§ 95) of Forest Development and material with other solid business enterprise
into sea water by vessels (11) Fishing in fishery the Dir. of Lands (§ 75) waste in any vehicle, box, without permit
unless the health or safety reserves, refuge and (9) Coercion and influence container or receptacle (8) Leaving in exposed or
of individuals on board the sanctuaries (§ 96) in relation to §§ 74 & 75 (§ used in solid waste unsanitary conditions
vessel is threatened by a (12) Fishing or taking of 76) collection or disposal refuse or debris, or
great and imminent peril rare, threatened or (10) Unlawful possession (9) Establishment or depositing in ground or in
(5) Unauthorized endangered species (§ 97) of implements and devices operation of open dumps, bodies of water
transport or dumping into (13) Capture of sabalo used by forest officers (§ or closure of said dumps in (9) Altering, removing
sea waters of sewage (mature milkfish) and 77) violation of Sec. 37 destroying or defacing
sludge or solid waste other breeders/spawners (11) Failure or refusal in (10) Manufacture, boundary marks or signs
7 | T R A X notes
 (6) Transport, dumping or (§ 98) the payment, collection distribution or use of non-
discharge of prohibited (14) Exportation of and remittance of forest environmentally
chemicals, substances or breeders, spawners, eggs charges (§ 78) acceptable packaging
pollutants or fry (§ 99) (12) Non-compliance with materials
(7) Operate facilities that (15) Importation or grading rules in the sale of (11) Importation of
discharge or allow to seep, exportation of fish or wood products (§ 79) consumer products
wilfully or through gross fishery species (§ 100) packaged in non-
negligence, prohibited (16) Violation of catch environmentally
chemicals, substances or ceilings (§ 101) acceptable materials
pollutants into water (17) Aquatic pollution (§ (12) Importation of toxic
bodies or wherein the 102) wastes misrepresented as
same shall be liable to be (18) Other violations (§ "recyclable" or "with
washed into such surface, 103): recyclable content"
ground, coastal, and • Failure to comply with (13) Transport and
marine water minimum safety standards dumplog in bulk of
(8) Undertaking activities • Failure to conduct a collected domestic,
or development and yearly report on all industrial, commercial,
expansion of projects, or fishponds, fish pens and and institutional wastes in
operating fish cages areas other than centers or
wastewater/sewerage • Gathering and marketing facilities prescribed
facilities of shell fishes (14) Site preparation,
(9) Discharging regulated • Obstruction to navigation construction, expansion or
water pollutants without or flow and ebb of tide in operation of waste
the valid required any stream, river, lake or management facilities
discharge permit or after bay without an ECC and not
the permit was revoked • Construction and conforming with the land
for any violation of operation of fish use plan of the LGU
condition therein corrals/traps, fish pens (15) The construction of
(10) Non-compliance of and fish cages any establishment within
the LGU with the Water (19) Commercial fishing 200 meters from open
Quality Framework and vessel operators dumps or controlled
Management Area Action employing unlicensed dumps, or sanitary landfill
Plan (§ 29) fisherfolk or fishworker or (16) The construction or
(11) Refusal to allow crew (§ 104) operation of landfills or
entry, inspection and (20) Obstruction of any waste disposal facility
monitoring by the defined migration paths (§ on any aquifer,
Department 105) groundwater reservoir, or
(12) Refusal to allow (21) Obstruction to fishery watershed area and or any
access by the Department law enforcement officer (§ portions thereof
to relevant reports and 106)
records
(13) Refusal or failure to
submit reports
(14) Refusal or failure to
designate pollution control
officers
(15) Directly using booster
pumps in the distribution
system or tampering with
the water supply in such a
way as to alter or impair
the water quality
SALIENT RECOGNITION OF RIGHTS WATER QUALITY MUNICIPAL FISHERIES CLASSIFICATION AND CLASSIFICATION OF WASTE SEGRAGATION CATEGORIES (§ 3) IMPORTANT CONCEPTS
FEATURES (§ 4) MANAGEMENT SYSTEM • Fishing privileges within SURVEYS MINERALS (§ 15, CA 137) • Mandatory (§ 21) (1) Strict nature reserve • Concept of Ancestral
(a) Right to breathe clean • Water quality municipal waters are • Sec. of DENR shall study, (1) First Group: Metals or • Requirements (§ 22): (2) Natural park Domains/Lands ― covers
8 | T R A X notes
air management areas, which granted by the devise, determine and metalliferous ores (a) Separate container for (3) Natural monument not only the physical
(b) Right to utilize and shall be mandated to: City/Municipal Council prescribe the criteria, (2) Second Group: each type of waste from all (4) Wildlife sanctuary environment but the total
enjoy all natural resources (a) Multi-sectoral group • Municipal waters shall be guidelines and methods Precious stones sources (5) Protected landscapes environment including the
(c) Right to participate re for water quality primarily utilized by for the proper and (3) Third Group: Fuels (b) Solid waste container and seascapes spiritual and cultural
environmental policies surveillance and municipal fisherfolk and accurate classification and (4) Fourth Group: Salines shall be properly marked (6) Resource reserve bonds to the areas (§ 4)
(d) Right to participate in monitoring network their survey of all lands of the and mineral waters or identified for on-site (7) Natural biotic area • Indigenous concept of
decision-making process (b) Submit its report and cooperatives/organization public domain into (5) Fifth Group: Building collection as (8) Others ownership ― private but
of development policies recommendations to the s who are listed as such in agricultural, industrial or stone in place, clays, "compostable", "non- community property
(e) Right to be informed chairman of the governing the registry of municipal commercial, residential, fertilizers, and other non- recyclable", "recyclable" or ESTABLISHMENT OF THE which belongs to all
(f) Right of access to public board (§ 5) fisherfolk (§ 18) resettlement, mineral, metals "special waste," or any SYSTEM (§ 5) generations (§ 5)
records • National Water Quality timber or forest, and other classification as may • All areas or islands in the
(g) Right to bring action re Management Fund (§ 9) COMMERCIAL FISHERIES grazing lands, and into 5 PHASES OF MINING be determined by NSWC Philippines proclaimed, RIGHTS TO ANCESTRAL
environmental laws and (§ 26) such other classes as now (1) Prospecting designated or set aside, DOMAIN (§ 7)
regulations FINANCIAL LIABILITY • Commercial Fishing Boat or may hereafter be (2) Exploration REQUIREMENTS FOR before the effectivity of (a) Right of Ownership
(h) Right to bring action MECHANISMS License provided by law, rules and (3) Production COLLECTION AND this Act are hereby (b) Right to Develop Lands
for personal damages • Environmental regulations (§ 13) (4) Development TRANSPORT designated as initial and Natural Resources
Guarantee Fund, which AQUACULTURE • No land of the public (5) Rehabilitation Collection (§ 23) components of the System, (c) Right to Stay in the
SOURCES OF POLLUTION shall finance the • Fishpond Lease domain 18% in slope or (a) Personal protective to be governed by existing Territories
(1) Stationary Sources (§§ maintenance of the health Agreement (§ 45) over shall be classified as SCOPE OF APPLICATION equipment laws, rules and (d) Right in Case of
19 & 20) of the ecosystems and (§ 15) (b) Training regulations, not Displacement
alienable and disposable,
(2) Motor Vehicles (§§ 24 specially the conservation FISHERY RESERVES, • Exploration, (c) Collection done in a inconsistent with this Act (e) Right to Regulate Entry
& 25) of watersheds and aquifers REFUGE, AND nor any forest land 50% in • Development, manner which prevents • Within 1 year from the of Migrants
(3) Other Sources (§§ 21- affected by the SANCTUARIES slope or over, as grazing • Utilization, and damage to the container, effectivity of this Act, (f) Right to Safe and Clean
23) development, and the • Fishery reservation for land (§ 15) • Processing of all mineral spillage or scattering of DENR shall submit to the Air and Water
(a) Smoking needs of emergency the exclusive use of the resources solid waste within the Congress a map and legal (g) Right to Claim Parts of
(b) Other mobile sources response, clean-up or government for UTILIZATION AND collection vicinity descriptions or natural Reservations
(4) Other Pollutants (§§ rehabilitation of areas that propagation, educational, MANAGEMENT Areas Open to Mining (§ boundaries of each (h) Right to Resolve
30-33) may be damaged during research and scientific • Multiple use – only the 18) Transport (§ 24) protected area initially Conflict
(a) Ozone Depleting the program's or project's purposes (§ 80) utilization, exploitation, (1) All mineral resources (a) Separate collection comprising the System RIGHTS TO ANCESTRAL
Substances actual implementation (§ • Fish refuge and occupation or possession in public or private lands, schedules and separate • Within 3 years from the LANDS (§ 8)
(b) Greenhouse Gases 15) sanctuaries at least 25% of any forest land, or any including timber or trucks or haulers (or effectivity of this Act, (a) Right to Transfer
(c) Persistent Organic but not more than 40% of activity therein, which will forestlands specific compartment) for DENR shall study and Land/Property
Pollutants ACTIONS (§40) bays, foreshore lands, produce the optimum specific kinds of waste review each area (b) Right to Redemption
(d) Radioactive Emissions • Without prejudice to the continental shelf or any benefits without Areas Closed to Mining (§ (b) Ensure containment of tentatively composing the
right of any affected fishing ground shall be set impairment or with the 19) solid waste while in transit System as to its suitability DELINEATION
ACTIONS person to file an aside for the cultivation of least injury to its other (a) Military and other (c) Bear body number, or non-suitability for • Self-delineation shall be
Administrative Actions mangroves to strengthen resources, shall be allowed government reservations, name and address of the preservation as protected the guiding principle (§
administrative action
(§40) the habitat and the (§ 19) except upon prior written contractor or agency area and inclusion in the 51)
DENR shall, on its own • DENR shall, on its own spawning grounds of fish, clearance collecting solid waste System according to the
• Sustained yield –balance
instance or upon verified instance or upon verified within which areas no between growth and (b) Near or under public or categories established in § Ancestral Domain
complaint by any person, complaint by any person, commercial fishing shall harvest or use of forest private buildings, RECYCLING 3 hereof and report its Step 1. Petition
institute administrative institute administrative be allowed. (§ 81) products in forest lands (§ cemeteries, archeological • Study of existing markets findings to the President Step 2. Proof
proceedings against any proceedings in the proper 21) and historic sites, bridges, for processing and as soon as each study is Step 3. Delineation Proper
person who violates: forum against any person • Requirement of a license highways, waterways, purchasing recyclable completed. The study must Step 4. Maps
(a) Standards or limitation agreement, lease, license, railroads, reservoirs, dams materials (§ 26) include in each area: Step 5. Report of
who violates:
provided under this Act; or or permit (§ 20) or other infrastructure • Coding system for (a) Forest occupants Investigation and Other
(b) Any order, rule or (a) Standards or projects, public or private packaging materials and survey Documents
regulation issued by the limitations provided by Reforestation works including products (§ 27) (b) Ethnographic study Step 6. Notice and
DENR with respect to such this Act; or • It shall be a condition for plantations or valuable • Deposit or reclamation (c) Protected area Publication
standard or limitation. (b) Any order, rule or the continued privilege to crops, except upon written programs (§ 28) resource profile Step 7. Endorsement to
regulation issued by DENR harvest timber under any consent of the government • Prohibition on the use of (d) Land use plans NCIP
Citizen Suits (§41) with respect to such license or license agency or private entity non-environmentally (e) Such other background Step 8. Turnover of Areas
Any citizen may file an agreement that the concerned acceptable packaging (§ studies as will be sufficient within Ancestral Domains
standard or limitation
appropriate civil, criminal licensee shall reforest all (c) In areas covered by 30) bases for selection Managed by Other
or administrative action in the areas which shall be valid and existing mining • Procedures, standards Government Agencies
9 | T R A X notes
the proper courts against: determined by BFD (§ 27) rights and strategies to market Procedure(§ 5) Step 9. Issuance of CADT
(a) Any person who (d) In areas expressly recyclable materials and Step 1. Notice and Step 10. Registration of
violates or fails to comply Forest Protection prohibited by law develop the local market Publication CADT
with the provisions of this • Utilization of timber (e) In areas covered by for recycle goods (§ 31) Step 2. Resource Persons
Act therein shall not be small-scale miners as • Establishment of Step 3. Public Hearing Ancestral Land
(b) DENR or other allowed except through defined by law unless with Materials Recovery Step 4. Presidential Step 1. Application
implementing agencies license agreements under prior consent of the small- Facilities (§§ 31-32) Proclamation Step 2. Proof
with respect to orders, which the holders thereof scale miners Step 5. President’s Step 3. Notice and
rules and regulations shall have the exclusive (f) Old growth or virgin MINIMUM CRITERIA FOR Recommendation Publication
issued inconsistent with privilege to cut all the forests, proclaimed SITING, ESTABLISHMENT, Step 4. Investigation
this Act, allowable harvestable watershed forest reserves, AND OPERATION OF Step 5. Report
(c) Any public officer who timber in their respective wilderness areas, SANITARY LANDFILL Step 6. Issuance of CALT
willfully neglects concessions, and the mangrove forests, mossy Siting (§ 40)
performance of an act, additional right of forests, national parks (a) Consistent with the JURISDICTION AND
abuses authority, or occupation, possession, provincial/municipal overall land use plan PROCEDURES FOR
improperly performs and control over the same, forests, parks, greenbelts, (b) Accessible from major ENFORCEMENT OF
duties to the exclusive of all game refuge and bird roadways or RIGHTS
others, except the sanctuaries and in areas thoroughfares Step 1. Customary laws
government, but with the expressly prohibited (c) Have an adequate and practices shall be used
corresponding obligation under NIPAS and other quantity of earth cover to resolve the dispute (§
to adopt all the protection laws material 65)
and conservation (d) Regard for the Step 2. If not resolved,
measures to ensure the People’s Small Mining Act sensitivities of the certification by the Council
continuity of the (R.A. No. 7076) community's residents of Elders/Leaders who
productive condition of • Small Scale Mining – (e) Located in an area participated in the attempt
said areas, conformably refers to mining activities where the landfill's to settle the dispute that
with multiple use and that rely heavily on operation will not the same has not been
sustained yield manual labor using simple detrimentally affect resolved (§ 66)
management (§ 38) tools and methods. It does environmentally sensitive Step 3. File petition with
not use explosives or resources the NCIP, who has
Special Uses heavy mining equipment (f) Large enough to jurisdiction over all claims
• Pasture in forest lands (§ and requires only a small accommodate the and disputes involving
54) capital investment. community's wastes for a rights of ICCs/IPs through
• Wildlife (§ 55) • Policy is to: period of 5 years its regional offices (§ 66)
• Recreation (§ 56) (a) Promote, develop, (g) Landfill that will satisfy Step 4. Decisions of the
• Other special uses (§ 57) protect and rationalize budgetary constraints NCIP shall be appealable to
viable small-scale mining (h) Operating plans must the CA by way of a petition
activities; include provisions for for review (§ 67)
(b) Generate more coordinating with
employment opportunities recycling and resource
(c) Provide an equitable recovery projects
sharing of the nation's (i) Designation of a
wealth and natural separate containment area
resources for household hazardous
wastes
MINERAL AGREEMENTS
• Mineral Agreement – Establishment (§ 41)
exclusive right to conduct (a) Liners;
mining operations and (b) Leachate collection and
extract all mineral treatment system;
resources found in the (c) Gas control and
area, and shall have a term recovery system;
not exceeding 25 years, (d) Groundwater
renewable for another monitoring well system;
term not exceeding 25 (e) Cover (daily cover and
10 | T R A X notes
years (§ 32) final cover/cap)
• Exploration Permit – (f) Closure procedure
allows a qualified person (g) Post-closure care
to undertake exploration procedure
activities of mineral
resources Operation (§ 42)
(a) Disposal site records
Forms of Mineral (b) Water quality
Agreements (§ 26) monitoring of surface and
(a)Mineral Production ground waters and
Sharing Agreement effluent, and gas emissions
• Government grants to (c) Documentation of
the contractor the approvals, determinations
exclusive right to conduct and other requirements by
mining operations within a the Department
contract area and shares in (d) Signs
the gross output. (e) Monitoring of quality of
• Contractor shall provide surface, ground and
the financing, technology, effluent waters, and gas
management and emissions
personnel necessary for (f) Perimeter barrier or
the implementation of this topographic constraints.
agreement (g) Roads designed to
(b) Co-production minimize the generation of
Agreement dust and the tracking of
• Government shall material onto adjacent
provide inputs to the public roads
mining operations other (h) Sanitary facilities
than the mineral resource. (i) Safe and adequate
(c) Joint-venture drinking water supply
Agreement (j) Communication
• Joint-venture company is facilities
organized by the (k) Adequate lighting
Government and the during operations in the
contractor with both darkness
parties having equity (l) Safety equipment
(m) Adequate training
FTAA (n) Adequate supervision
• A contract involving (o) Attendant present
financial or technical during public operating
assistance for large-scale hours or the site shall be
exploration, development, inspected by the operator
and utilization of mineral (p) Unloading of solid
resources, with a term of wastes shall be confined to
25 years from the date of a small area as possible
its issuance, and (q) Solid waste shall be
renewable for another spread and compacted in
term not exceeding 25 layers with repeated
years passages of the landfill
equipment
Environmental Protection (r) Covered surfaces of the
and Enhancement disposal area shall be
Program (EPEP) (§ 69) graded
• Every contractor shall (s) Cover material or
undertake an EPEP native material unsuitable
11 | T R A X notes
covering the period of the for cover, stockpiled on the
mineral agreement or site for use or removal,
permit, shall be placed

Environmental Clearance
Certificate (ECC) (§ 70)
• A document issued by
the gov’t agency concerned
certifying that the project
under consideration will
not bring about an
unacceptable
environmental impact and
that the proponent has
complied with the
requirements of the
environmental impact
statement system

SETTLEMENT OF
CONFLICTS
Panel of Arbitrators (§ 77)
• Exclusive and original
jurisdiction over:
(a) Disputes involving
rights to mining areas;
(b) Disputes involving
mineral agreements or
permits;
(c) Disputes involving
surface owners, occupants
and
claimholders/concessionai
res; and
(d) Disputes pending
before the Bureau and the
Department at the date of
the effectivity of this Act.
• Decision is appealable to
the MAB

Mines Adjudication Board

(MAB) (§ 79)
• Powers & Functions:
(a) Rules and regulations
governing the hearing and
disposition of cases before
it
(b) Administer oaths, issue
subpoenas, and testify in
any investigation or
hearing conducted in
pursuance of this Act
(c) Hear all matters within
its jurisdiction
12 | T R A X notes
 • Decision is appealable to
the SC by way of petition
for review on certiorari

INCENTIVES
• Fiscal and non-fiscal
incentives under the
Omnibus Investments
Code of 1987 (§ 90)
• Pollution control devices
shall not be subject to real
property and other taxes
or assessment (does not
include payment of mine
wastes and tailing fees) (§
91)
RESEARCH E-Vehicles in Manila Marilao River Aquaculture in Taal Lake Baguio City Forest Reserve Quarrying in Norzagaray San Mateo Sanitary Mt. Banahaw-San Cristobal Mampueng Tribe
Landfill Protected Landscape (Olongapo City)
JURISPRUDENCE (1) MMDA v. JANCOM (1) MMDA v. Concerned (1) LLDA v. CA: The power (1) Ysmael v. Exec. Sec.: (1) La Bugal-B’Laan Tribal (1) Prov. of Rizal v. Exec. (1) PICOP Resources v. Base (1) Cruz v. Sec. of DENR:
Environmental Corp.: The Residents of Manila Bay: of the LLDA for effective Timber licenses, permits, Assn. v. Ramos: Since Sec.: Proc. 635, setting Metals Minerals Resources: Since the required
ban on incineration under Mandamus lies to compel regulation and monitoring and license agreements foreign corporations aside parts of the Marikina Sec. 19(f) of RA 7586 does majority vote cannot be
Sec. 20 of RA 8749 refers the MMDA to clean or activities in the are not contracts within cannot own, manage, or Watershed Reservation for not disallow mining obtained (7-7 [Buena, De
only to those burning rehabilitate Manila Bay. management of Laguna the purview of the non- participate in mining use as a sanitary landfill applications in all forest Leon, Gonzaga-Reyes,
processes which emit Lake, an exercise of police impairment clause in the agreements except to and similar waste disposal reserves but only those Melo, Panganiban, Pardo,
poisonous and toxic fumes, (2) Alexandra power, reigns supreme Constitution. render financial or applications, is declared proclaimed as watershed and Vitug ― Davide, Jr.,
which means that not all Condominium v. LLDA: RA over the power granted to technical assistance, an illegal for, among others, forest reserves. Bellosillo, Kapunan,
burning processes are 4850, specifically the local government units (2) Yngson v. Sec. of FTAA entered into by a violating Sec. 40 of RA Mendoza, Puno,
prohibited. mandating the LLDA to under the LGC, the same Agriculture and Natural foreign corporation should 9003, providing that the Quisumbing, and
carry out and make for mere revenue, and Resources: The Bureau of be limited to technical or site of landfills must be Santiago]), even after the
(2) Technology Developer’s effective the declared therefore, the power to Fisheries has no financial assistance only. located in an area where redeliberation, the
Inc v. CA: While it is true national policy of issue permits and grant jurisdiction to administer the landfills operation will constitutionality of IPRA is
that the matter of promoting and privileges concerning and dispose of (2) Lepanto Consolidated not detrimentally affect upheld.
determining whether accelerating the Laguna Lake rests with the swamplands or mangrove Mining Co. v. WMC environmentally sensitive
there is a pollution of the development and balanced LLDA, to the exclusion of lands forming part of the Resources: RA 7942, resources such as aquifers, (2) Atitiw v. Zamora: The
environment that requires growth of Laguna Lake, LGUs. public domain while such requiring the approval of groundwater reservoirs or special provisions in the
action is essentially empowers the LLDA to lands are still classified as the Pres. for the transfer or watershed areas. GAA, as well as the IRR of
addressed to the DENR- compel petitioner to (2) Roldan v. Arca: Search forest land or timberland assignment of an FTAA, said special provisions,
EMB, it must be recognized control and abate its waste and seizure without and not released for cannot be applied providing the deactivation
that the mayor of a town effluents and impose fines warrant of vessels, which fishery or other purposes. retroactively to Columbio of CAR bodies and the
has as much responsibility on the latter therefor. is a traditional exception FTAA (which was executed reduction of its budgetary
to protect its inhabitants of the warrant (3) Tan v. Dir. of Forestry: prior to the effectivity of allocation, did not have the
from pollution, and by (3) Ortigas & Co. v. Feati requirement because of its While under the RAC, the Act) as it would be effect of abolishing the
virtue of his police power, Bank: A contract mobility to be moved out timber licenses are to be tantamount to a CAR, only the
he may deny the restricting the use of a of the locality, applies to issued by the Dir. of substantial impairment of discontinuance of its
application for a permit to building to only residential fishing vessels breaching Forestry, still, since he is an obligation under the programs and activities.
operate a business or purposes cannot prevail our fishery laws. under the authority of the contract, and since
otherwise close the same over a municipal Sec. of Agriculture and nowhere in the Act is it (3) Acting Registrars v.
unless appropriate resolution passed thru a (3) Hizon v. CA: Search of Natural Resources, the stated that it can be RTC: A decision, denying a
measures are taken to valid exercise of police vessels and high-speed latter has the authority to applied retroactively. petition for reconstitution
control and/or avoid power, declaring an area boats are well within the revoke, on valid grounds, of lost duplicate owner’s
injury to the health of the (where the buildings are exceptions of the timber licenses issued by (3) Carpio v. Sulu copy because the mother
residents of the located) to be an industrial constitutional requirement the former. Resources Dev’t Corp.: title has been duly
community from the and commercial zone of a search warrant, for Decisions and final orders cancelled, is conclusive not
emissions in the operation practicality, because of its (4) Paat v. CA: Under Sec. of the Mines Adjudication only as to the parties
of the business (4) Shell Pilipinas v. Jalos: A ability to elude the 68-A of the DENR charter, Board (MAB) are therein but also as to the
13 | T R A X notes
 valid judgment for authorities. the Sec. and his duly appealable to the CA under existing status of the
(3) AC Enterprises v. damages can be made in authorized representatives Rule 43 of the 1997 ROC. property subject therein.
Frabelle Properties Corp.: favor of Jalos, et al., if the (4) Comm. of Customs v. are given the authority to
The PAB has no primary construction and CA: The BOC, by virtue of confiscate and forfeit any
jurisdiction over the noise operation of the pipeline warrants of seizure and conveyances utilized in
of the blowers of the indeed caused fish decline detention, may detain or violating the RFC, or other
airconditioning system and eventually led to the impound vessels violating forest laws, rules and
complained of, since the fishermen’s loss of income, rules and laws applicable, regulations.
case is more of an as alleged in the complaint. to the exclusion of any
abatement of a nuisance, courts which may take (5) Mustang Lumber v. CA:
cognizable under the RTC, jurisdiction. Lumber is a processed log
rather than a pollution or timber, and is thus not
case. excluded from the
coverage of Sec. 68 of the
RFC, on penalizing
possession thereof without
the required legal
documents.
CONSTITUTIONAL PROVISIONS/OTHERS
(1) Magallona v. Ermita: RA 9552, enacted to comply with UNCLOS III, which shortened 1 baseline, optimized the location of some basepoints around the archipelago, and classified adjacent territories (like the Kalayaan Island Group and
Scarborough Shoal) as regimes of islands whose islands generate their own applicable maritime zones, is constitutional, and in fact, increased the Philippines’ total marine space by 145,216 sq. nautical miles.

(2) Henares v. LTFRB: LTFRB and DOTC cannot be compelled to require PUVs to use CNG through mandamus, since the Constitution and the Clean Air Act are both general mandates that do not specifically prescribe the use of any kind of
fuel, particularly the use of CNG by public vehicles.

(3) Oposa v. Factoran, Jr.: Petitioners’ personality to sue in behalf of the succeeding generations can only be based on the concept of intergenerational responsibility (i.e., every generation has a responsibility to the next to preserve that
rhythm and harmony for full enjoyment of a balanced and healthful ecology) insofar as the right to a balanced and healthful ecology is concerned.

(4) Cariño v. Insular Gov’t: When, as far back as testimony or memory goes, the land has been held by individuals under a claim of private ownership, it will be presumed to have been held in the same way from before the Spanish conquest,
and never to have been public land (native title).

(5) SJS v. Atienza: Mandamus lies to compel a City Mayor to enforce an ordinance reclassifying an area from industrial to commercial and directing the owners and operators of businesses disallowed therein to cease and desist from
operating their businesses within 6 months from the date of effectivity of the ordinance

(6) Chavez v. PEA: A stipulation in a joint venture agreement that would transfer the subject reclaimed lands to a private corporation is void for being contrary to Sec. 3, Art. XII of the 1987 Constitution.

(7) Tano v. Socrates: Since one of the devolved powers of LGUs under the LGC is the enforcement of fishery laws in municipal waters, the ordinance banning the shipment of all live fish and lobster outside Puerto Prinsesa for 5 years and a
resolution prohibiting the catching, gathering, possessing, buying, selling, and shipment of several species of live marine coral-dwelling aquatic organisms for 5 years, are valid.

(8) Manila Prince Hotel v. GSIS: Art. XII, Sec. 10, par. 2 of the 1987 Constitution, providing for the preference to qualified Filipinos, in the grant of rights, privileges, and concessions covering the national economy and patrimony, is a self-
executing provision.

(9) Miner’s Association of the Philippines v. Factoran, Jr.: The State, in the exercise of its police power, may not be precluded by the constitutional restriction on non-impairment of contract from altering, modifying and amending the mining
leases or agreements granted.

(10) Alvarez v. PICOP Resources: Licenses concerning the harvesting of timber in the country's forests are but a mere privilege granted by the State, and cannot be considered contracts.

(11) Alcantara v. Commission on Settlement of Land Problems: The cancellation of an FLGLA that was granted in violation of Sec. 1 of PD No. 410 (which provides that all unappropriated agricultural lands forming part of the public domain
are declared part of the ancestral lands of the indigenous cultural groups occupying the same, and these lands are further declared alienable and disposable, to be distributed exclusively among the members of the indigenous cultural
group concerned) is proper.

(12) Cheesman v. IAC: A land sold to spouses where one is an alien cannot be held to be conjugal property, for to do so would be to give the alien spouse a substantial interest and right over the land which the Constitution prohibits him
from having.

(13) Corpuz v. Sps. Grospe: The voluntary surrender or waiver of land reform rights in favor of the Samahang Nayon is valid because such action is deemed a legally permissible conveyance in favor of the government, pursuant to PD 27,
14 | T R A X notes
which provides that title to land acquired pursuant to the land reform program shall not be transferrable except through hereditary succession or to the government.

(14) People v. Maceren: Fisheries Administrative Order No. 84-1, penalizing electro-fishing in fresh water fisheries, is void since the Sec. of Agriculture and Natural Resources is without authority to issue the same sans the express
prohibition of electro-fishing under the Fisheries Law (NOTE: this was decided under the old Fisheries Law, the present law [Philippine Fisheries Code of 1998, as amended] penalizes electro-fishing).
MIDTERMS
(1) Republic v. Lee: The bare assertion that respondent’s predecessors-in-interest had been in possession of the property for more than 20 years found in respondent’s declaration is hardly the “well-nigh incontrovertible” evidence
required in cases of this nature.

(2) Reynante v. CA: An accretion (by alluvion) to registered land does not preclude acquisition of the additional area by another person through acquisitive prescription, should the owner fail to register such within the period prescribed
by law.

(3) Sec. of DENR v. Yap: In keeping with the presumption of state ownership, there must be a positive act of the government, such as an official proclamation, declassifying inalienable public land into disposable land for agricultural or
other purposes before such land becomes alienable and disposable.

(4) Junio v. De los Santos: Resort to Sec. 110 (adverse claim) instead of Sec. 57 (annotation of transfer) of the Land Registration Act is proper where there is refusal to surrender the owner’s duplicate certificate.

(5) Vda. de Arceo v. CA: PD 1529 confers upon the trial courts the authority to act not only over applications for original registration, but also over all petitions filed after original registration of title, with power to hear and determine all
questions arising from such applications or petitions.

(6) Krivenko v. RD: An alien cannot acquire residential lands under the Constitution, since the prohibition therein (Sec. 1, Art. XIII, 1935 Constitution), is construed as including residential lands.

(7) Halili v. CA: A prior invalid transfer of land to an alien, contrary to Sec. 5, Art. XII of the 1987 Constitution, can no longer be assailed when the disputed land falls unto the hands of a qualified Filipino.

(8) De Castro v. Tan: A sale of land to an alien can no longer be annulled on the ground of a violation of the Constitution where the subject land has already become the property of a naturalized Filipino.

(9) Republic v. IAC: A conveyance of a residential land to an alien prior to his naturalization is valid upon his acquisition of Philippine citizenship.

(10) Republic v. Manna Properties: The non-compliance of the jurisdictional requirement for original registration on the conduct of hearing, which shall not be earlier than 45 days but not later than 90 days from the issue of order of the
initial hearing (Sec. 23 of PD 1529), attributable not the applicant but to the LRA, does not prejudice said applicant.

(11) Baranda v. Gustilo: The duty of an RD to annotate or annul a notice of lis pendens in a Torrens certificate of title is ministerial in nature.

(12) Almirol v. RD: The RD is entirely precluded by Sec. 4, RA 1151 from exercising his personal judgment and discretion when confronted with the problem of whether to register a deed or instrument on the ground that it is invalid, and
his recourse is merely to submit and certify the question to the Commissioner of Land Registration, who shall, after notice and hearing, enter an order prescribing the step to be taken on the question.

(13) Worcester v. Ocampo: Since under the Torrens system, a deed of transfer produces no effect except from the moment of registration (Sec. 51 of Art 496), a levy and sale by the sheriff, conducted after the execution of the deed of sale
but registered first, takes precedence over the latter.

(14) Sps. Vallido v. Sps. Pono: Although it is a recognized principle that a person dealing on a registered land need not go beyond its certificate of title, it is also firmly settled rule that where there are circumstances which would put a party
on guard and prompt him to investigate or inspect the property being sold to him, such as the presence of occupants/ tenants thereon, it is expected from the purchaser of a valued piece of land to inquire first into the status or nature of
possession of the occupants; and failure to do so would mean negligence on his part that would preclude him from invoking the rights of a purchaser in good faith.

(15) De Leon v. Ong: A buyer who was not aware of any interest in or a claim on the properties other than a mortgage which she undertook to assume is a buyer in good faith.

(16) Gustilo v. Maravilla: Since the Land Registration Act only protects the holder in good faith and cannot be used as a shield for frauds, a purchaser who was aware of the existence of a lease on the subject property is bound to respect the
same, notwithstanding the absence of annotation of such lease.

(17) Hernandez v. Vda. de Salas: Since registration is the operative act that gives validity to the transfer, or creates a lien on the land, and because a purchaser, on execution sale, is not required to go behind the registry to determine the
conditions of the property, a purchase made prior to the execution sale but was never registered must give way to the registered execution sale.

(18) Ruiz v. CA: Knowledge of a prior unregistered interest has the effect of registration.

(19) Bureau of Forestry v. CA: Classification or reclassification of public lands into alienable or disposable, mineral or forest lands is now a prerogative of the Executive Department of the government, through the Office of the President,
and not of the courts.

15 | T R A X notes