Pointers for the quiz and recit tom. and wed. Thank  i.

Other purposes
you.  Use of water for domestic purposes is the
utilization of water for drinking, washing,
Module 3. bathing, cooking or other household needs,
home gardens, and watering of lawns or
1. Purpose of the water code? domestic animals.
 ARTICLE 2. The objectives of this Code are:  Use of water for municipal purposes is the
 a. To establish the basic principles and utilization of water for supplying the water
framework relating to the requirements of the community.
o appropriation,  Use of water for irrigation is the utilization of
o control and water for producing agricultural crops.
o conservation of water resources  Use of water for power generation is the
to achieve the optimum development and rational utilization of water for producing electrical or
utilization of these resources; mechanical power.
 b. To define the extent of the rights and  Use of water for fisheries is the utilization of
obligations of water users and owners water for the propagation and culture of fish
including the protection and regulation of as a commercial enterprise.
such rights;  Use of water for livestock raising is the
 c. To adopt a basic law governing the utilization of water for large herds or flocks of
ownership, appropriation, utilization, animals raised as a commercial enterprise.
exploitation, development, conservation and  Use of water for industrial purposes is the
protection of water resources and rights to utilization of water in factories, industrial
land related thereto; and plants and mines, including the use of water
 d. To identify the administrative agencies as an ingredient of a finished product.
which will enforce this Code.  Use of water for recreational purposes is the
2. Definition of waters. Ownership of waters? Various utilization of water for swimming pools, bath
uses of waters. houses, boating, water skiing, golf courses
ARTICLE 3. The underlying principles of this code are: and other similar facilities in resorts and other
 All waters belong to the State. places of recreation.
 All waters that belong to the State can not be 3. What uses require prior approval from the National
the subject to acquisitive prescription. Water Resources Board (NWRB)? What uses do not
 The State may allow the use or development require NWRB approval?
of waters by administrative concession. ARTICLE 12. Waters appropriated for a particular
 The utilization, exploitation, development, purpose may be applied for another purpose only
conservation and protection of water upon prior approval of the Council and on condition
resources shall be subject to the control and that the new use does not unduly prejudice the
regulation of the government through the rights of other permittees, or require an increase in
National Water Resources Council, hereinafter the volume of water.
referred to as the Council.
 Preference in the use and development of ARTICLE 13. Except as otherwise herein provided, no
waters shall consider current usages and be person, including government instrumentalities or
responsive to the changing needs of the government-owned or controlled corporations, shall
country. appropriate water without a water right, which shall
be evidenced by a document known as a water
 ARTICLE 4. Waters, as used in this Code, permit.
refers to water under the grounds, water
above the ground, water in the atmosphere Water right is the privilege granted by the
and the waters of the sea within the territorial government to appropriate and use water.
jurisdiction of the Philippines.
 ARTICLE 10. Water may be appropriated for ARTICLE 14. Subject to the provisions of this Code
the following purposes: concerning the control, protection, conservation, and
 a. Domestic regulation of the appropriation and use of waters,
 b. Municipal any person may appropriate or use natural bodies of
 c. Irrigation water without securing a water permit for any of the
 d. Power generation following:
 e. Fisheries
 f. Livestock raising a. Appropriation of water by means of hand-carried
 g. Industrial receptacles; and
 h. Recreational, and
b. Bathing or washing, watering or dipping of ARTICLE 35. Works for the storage, diversion,
domestic or farm animals, and navigation of distribution and utilization of water resources shall
watercrafts or transportation of logs and other contain adequate provision for the prevention and
objects by flotation. control of diseases that may be induced or spread by
such works when required by the Council.
4. Who may be qualified to apply for permit/authority
to use Phil. Waters? ARTICLE 36. When the reuse of waste water is
ARTICLE 15. Only citizens of the Philippines, of legal feasible, it shall be limited as much as possible, to
age, as well as juridical persons, who are duly such uses other than direct human consumption. No
qualified by law to exploit and develop water person or agency shall distribute such water for
resources, may apply for water permits. public consumption until it is demonstrated that such
consumption will not adversely affect the health and
5. General and specific guidelines for water safety of the public.
development programs/projects.
CHAPTER IV ARTICLE 37. In the construction and operation of
hydraulic works, due consideration shall be given to
Utilization of Waters the preservation of scenic places and historical relics
and, in addition to the provisions of existing laws, no
ARTICLE 31. Preference in the development of water works that would require the destruction or removal
resources shall consider security of the State, of such places or relics shall be undertaken without
multiple use, beneficial effects, adverse effects and showing that the destruction or removal is necessary
costs of development. and unavoidable.

ARTICLE 32. The utilization of subterranean or ARTICLE 38. Authority for the construction of dams,
ground water shall be coordinated with that of bridges and other structures across of which may
surface waters such as rivers, streams, springs and interfere with the flow of navigable or floatable
lakes, so that a superior right in one is not adversely waterways shall first be secured from the
affected by an inferior right in the other. Department of Public Works, Transportation and
Communications.
For this purpose the Council shall promulgate rules
and regulations and declare the existence of control ARTICLE 39. Except in cases of emergency to save
areas for the coordinated development, protection, life or property, the construction or repair of the
and utilization of subterranean or ground water and following works shall be undertaken only after the
surface waters. plans and specifications therefor, as may be required
by the Council, are approved by the proper
Control area is an area of land where subterranean government agency; dams for the diversion or
or ground water and surface water are so storage of water; structures for the use of water
interrelated that withdrawal and use in one similarly power, installations for the utilization of
affects the other. The boundary of a control area may subterranean or ground water and other structures
be altered from time to time, as circumstances for utilization of water resources.
warrant.
ARTICLE 40. No excavation for the purpose of
ARTICLE 33. Water contained in open canals, emission of a hot spring or for the enlargement of
aqueducts or reservoirs of private persons may be the existing opening thereof shall be made without
used by any person for domestic purpose or for prior permit.
watering plants as long as the water is withdrawn by
manual methods without checking the stream or Any person or agency who intends to develop a hot
damaging the canal, aqueduct or reservoir; Provided, spring for human consumption must first obtain a
That this right may be restricted by the owner should permit from the Department of Health.
it result in loss or injury to him.
ARTICLE 41. No person shall develop a stream, lake,
ARTICLE 34. A water permittee or appropriator may or spring for recreational purposes without first
use any watercourse to convey water to another securing a permit from the Council.
point in the watercourse for the purpose stated in a
permit and such water may be diverted or ARTICLE 42. Unless otherwise ordered by the
recaptured at that point by said permittee in the President of the Philippines and only in time of
same amount less allowance for normal losses in national calamity or emergency, no person shall
transit. induce or restrain rainfall by any method such as
cloud seeding without a permit from the proper areas, twenty (20) meters in agricultural areas and
government emergency. forty (40) meters in forest areas, along their margins,
are subject to the easement of public use in the
ARTICLE 43. No person shall raise or lower the water interest of recreation, navigation, floatage, fishing
level of a river stream, lake, lagoon or marsh nor and salvage. No person shall be allowed to stay in
drain the same without a permit. this zone longer than what is necessary for
recreation, navigation, floatage, fishing or salvage or
ARTICLE 44. Drainage systems shall be so to build structures of any kind.
constructed that their outlets are rivers, lakes, the
sea, natural bodies of water, or such other water ARTICLE 52. The establishment, extent, form, and
course as may be approved by the proper conditions of easements of water not expressly
government agency. determined by the provisions of this Code shall be
governed by the provisions of the Civil Code.
ARTICLE 45. When a drainage channel is constructed
by a number of persons for their common benefit, CHAPTER V
the cost of construction and maintenance of the
channel shall be borne by each in proportion to the Control of Waters
benefits derived.
ARTICLE 53. To promote the best interest and the
ARTICLE 46. When artificial means are employed to coordinated protection of flood plain lands, the
drain water from higher to lower land, the owner of Secretary of Public Works, Transportation and
the higher land shall select the routes and methods Communications may declare flood control areas and
of drainage that will cause the minimum damage to promulgate guidelines for governing flood plain
the lower lands, subject to the requirements of just management plans in these areas.
compensation.
ARTICLE 54. In declared flood control areas, rules
ARTICLE 47. When the use, conveyance or storage of and regulations may be promulgated to prohibit or
waters results in damage to another, the person control activities that may damage or cause
responsible for the damage shall pay compensation. deterioration of lakes and dikes, obstruct the flow of
water, change the natural flow of the river, increase
ARTICLE 48. When a water resources project flood losses or aggravate flood problems.
interferes with the access of landowner to a portion
of his property or with the conveyance of irrigation or ARTICLE 55. The government may construct
drainage water, the person or agency constructing necessary flood control structures in declared flood
the project shall bear the cost of construction and control areas, and for this purpose it shall have a
maintenance of the bridges, flumes and other legal easement as wide as may be needed along and
structures necessary for maintaining access, adjacent to the river bank and outside the bed or
irrigation, or drainage, in addition to paying channel of the river.
compensation for land and incidental damages.
ARTICLE 56. River beds, sand bars and tidal flats
ARTICLE 49. Any person having an easement for an may not be cultivated except upon prior permission
aqueduct may enter upon the servient land for the from the Secretary of the Department of Public
purpose of cleaning, repairing or replacing the Works, Transportation and Communication and such
aqueduct or the removal of obstructions therefrom. permission shall not be granted where such
cultivation obstructs the flow of water or increase
ARTICLE 50. Lower estates are obliged to receive the flood levels so as to cause damage to other areas.
waters which naturally and without the intervention
of man flow from the higher estates, as well as the ARTICLE 57. Any person may erect levees or
stone or earth which they carry with them. revetments to protect his property from flood,
encroachment by the river or change in the course of
The owner of the lower estate can not construct the river, provided that such constructions does not
works which will impede this natural flow, unless he cause damage to the property of another.
provides an alternative method of drainage; neither
can the owner of the higher estate make works ARTICLE 58. When a river or stream suddenly
which will increase this natural flow. changes its course to traverse private lands, the
owners of the affected lands may not compel the
ARTICLE 51. The banks of rivers and streams and the government to restore the river to its former bed;
shores of the seas and lakes throughout their entire nor can they restrain the government from taking
length and within a zone of three (3) meters in urban steps to revert the river or stream to its former
course. The owners of the lands thus affected are not No person shall drill a well without prior permission
entitled to compensation for any damage sustained from the Council.
thereby. However, the former owners of the new bed
shall be the owners of the abandoned bed in ARTICLE 65. Water from one river basin may be
proportion to the area lost by each. transferred to another river basin only with approval
of the Council. In considering any request for such
The owners of the affected lands may undertake to transfer, the Council shall take into account the full
return the river or stream to its old bed at their own costs of the transfer, the benefits that would accrue
expense; Provided, That a permit therefor is secured to the basin of origin without the transfer, the
from the Secretary of Public Works, Transportation benefits would accrue to the receiving basin on
and Communication and work pertaining thereto are account of the transfer, alternative schemes for
commenced within two years from the change in the supplying water to the receiving basin, and other
course of the river or stream. relevant factors.

ARTICLE 59. Rivers, lakes and lagoons may, upon the CHAPTER VI
recommendation of the Philippine Coast Guard, be
declared navigable either in whole or in part. Conservation and Protection of Waters and
Watersheds and Related Land Resources
ARTICLE 60. The rafting of logs and other objects on
rivers and lakes which are floatable may be ARTICLE 66. After due notice and hearing when
controlled or prohibited during designated season of warranted by circumstances, minimum stream flows
the year with due regard to the needs of irrigation for rivers and streams, and minimum water levels for
and domestic water supply and other uses of water. lakes may be established by the Council under such
conditions as may be necessary for the protection of
ARTICLE 61. The impounding of water in ponds or the environment, control of pollution, navigation,
reservoirs may be prohibited by the Council upon prevention of salt damage, and general public use.
consultation with the Department of Health if it is
dangerous to public health, or it may order that such ARTICLE 67. Any watershed or any area of land
pond or reservoir be drained if such is necessary for adjacent to any surface water or overlying any
the protection of public health. ground water may be declared by the Department of
Natural Resources as protected area. Rules and
ARTICLE 62. Waters of a stream may be stored in a regulations may be promulgated by such
reservoir by a permittee in such amount as will not Department to prohibit or control such activities by
prejudice the right of any permittee downstream. the owners or occupants thereof within the protected
Whoever operates the reservoir shall, when required, area which may damage or cause the deterioration
release water for minimum stream flow. of the surface water or ground water or interfere
with the investigation, use, control, protection,
All reservoir operations shall be subject to rules and management or administration of such waters.
regulations issued by the Council or any proper
government agency. ARTICLE 68. It shall be the duty of any person in
control of a well to prevent the water from flowing on
ARTICLE 63. The operator of a dam for the storage of the surface of the land, or into any surface water, or
water may be required to employ an engineer any porous stratum underneath the surface without
possessing qualifications prescribed for the proper being beneficially used.
operations, maintenance and administration of the
dam. ARTICLE 69. It shall be the duty of any person in
control of a well containing water with minerals or
ARTICLE 64. The Council shall approve the manner, other substances injurious to man, animals,
location, depth, and spacing in which borings for agriculture, and vegetation to prevent such waters
subterranean or ground water may be made, from flowing on the surface of the land or into any
determine the requirements for the registration of surface water or into any other aquifer or porous
every boring or alteration to existing borings as well stratum.
as other control measures for the exploitation of
subterranean or ground water resources, and in ARTICLE 70. No person shall utilize an existing well or
coordination with the Professional Regulation pond or spread waters for recharging subterranean
Commission prescribe the qualifications of those who or ground water supplies without prior permission of
would drill such borings. the Council.
ARTICLE 71. To promote better water conservation
and usage for irrigation purposes, the merger of CHAPTER VII
irrigation associations and the appropriation of
waters by associations instead of by individuals shall Administration of Waters and Enforcement of the
be encouraged. Provisions of This Code

No water permit shall be granted to an individual ARTICLE 79. The administration and enforcement of
when his water requirement can be supplied through the provisions of this Code, including the granting of
an irrigation association. permits and the imposition of penalties for
administrative violations hereof, are hereby vested
ARTICLE 72. In the consideration of a proposed water in the Council, and except in regard to those
resource project, due regard shall be given to functions which under this Code are specifically
ecological changes resulting from the construction of conferred upon other agencies of the government,
the project in order to balance the needs of the Council is hereby empowered to make all
development and the protection of the environment. decisions and determinations provided for in this
Code.
ARTICLE 73. The conservation of fish and wildlife
shall receive proper consideration and shall be ARTICLE 80. The Council may deputize any official or
coordinated with other features of water resources agency of the government to perform any of its
development programs to insure that fish and specific functions or activities.
wildlife values receive equal attention with other
project purposes. ARTICLE 81. The Council shall provide a continuing
program for data collection, research and manpower
ARTICLE 74. Swamps and marshes which are owned development needed for the appropriation,
by the State and which have primary value for utilization, exploitation, conservation, and protection
waterfowl propagation or other wildlife purposes may of the water resources of the country.
be reserved and protected from drainage operation
and development. ARTICLE 82. In the implementation of the provisions
of this Code, the Council shall promulgate the
ARTICLE 75. No person shall, without prior necessary rules and regulations which may provide
permission from the National Pollution Control for penalties consisting of a fine not exceeding One
Commission, build any works that may produce Thousand Pesos (P1,000.00) and/or suspension or
dangerous or noxious substances or perform any act revocation of the water permit or other right to the
which may result in the introduction of sewage, use of water. Violations of such rules and regulations
industrial waste, or any pollutant into any source of may be administratively dealt with by the Council.
water supply.
Such rules and regulations shall take effect fifteen
Water pollution is the impairment of the quality of (15) days after publication in newspapers of general
water beyond a certain standard. This standard may circulation.
vary according to the use of the water and shall be
set by the National Pollution Control Commission. Rules and regulations prescribed by any government
agency that pertain to the utilization, exploitation,
ARTICLE 76. The establishment of cemeteries and development, control, conservation, or protection of
waste disposal areas that may affect the source of a water resources shall, if the Council so requires, be
water supply or a reservoir for domestic or municipal subject to its approval.
use shall be subject to the rules and regulations
promulgated by the Department of Health. ARTICLE 83. The Council is hereby authorized to
impose and collect reasonable fees or charges for
ARTICLE 77. Tailings from mining operations and water resources development from water
sediments from placer mining shall not be dumped appropriators, except when it is for purely domestic
into rivers and waterways without prior permission purposes.
from the Council upon recommendation by the
National Pollution Control Commission. ARTICLE 84. The Council and other agencies
authorized to enforce this Code are empowered to
ARTICLE 78. The application of agricultural fertilizers enter upon private lands, with previous notice to the
and pesticides may be prohibited or regulated by the owner, for the purpose of conducting surveys and
National Pollution Control Commission in the areas hydrologic investigations, and to perform such other
where such application may cause pollution of a acts as are necessary in carrying out their functions
source of water supply.
including the power to exercise the right of eminent The decisions of the Council on water rights
domain. controversies shall be immediately executory and
the enforcement thereof may be suspended only
ARTICLE 85. No program or project involving the when a bond, in an amount fixed by the Council to
appropriation, utilization, exploitation, development, answer for damages occasioned by the suspension
control, conservation, or protection of water or stay of execution, shall have been filed by the
resources may be undertaken without prior approval appealing party, unless the suspension is by virtue of
of the Council, except those which the Council may, an order of a competent court.
in its discretion, exempt.
All disputes shall be decided within sixty (60) days
The Council may require consultation with the public after the parties submit the same for decision or
prior to the implementation of certain water resolution.
resources development projects.
The Council shall have the power to issue writs of
ARTICLE 86. When plans and specifications of a execution and enforce its decisions with the
hydraulic structure are submitted for approval, the assistance of local or national police agencies.
government agency whose functions embrace the
type of project for which the structure is intended, ARTICLE 89. The decisions of the Council on water
shall review the plans and specifications and rights controversies may be appealed to the Court of
recommend to the Council proper action thereon and First Instance of the province where the subject
the latter shall approve the same only when they are matter of the controversy is situated within fifteen
in conformity with the requirements of this Code and (15) days from the date the party appealing receives
the rules and regulations promulgated by the a copy of the decision, on any of the following
Council. Notwithstanding such approval, neither the grounds: (1) grave abuse of discretion; (2) question
engineer who drew up the plans and specifications of of law; and (3) questions of fact and law.
the hydraulic structure, nor the constructor who built
it, shall be relieved of his liability for damages in
case of failure thereof by reason of defect in plans 6. Prohibited acts under the Code.
and specifications, or failure due to defect in CHAPTER VIII
construction, within ten (10) years from the
completion of the structure. Penal Provisions

Any action to recover such damages must be ARTICLE 90. The following acts shall be penalized by
brought within five (5) years following such failure. suspension or revocation of the violator’s water
permit or other right to the use of water and/or a fine
ARTICLE 87. The Council or its duly authorized of not exceeding One Thousand Pesos (P1,000.00), in
representatives, in the exercise of its power to the discretion of the Council:
investigate and decide cases brought to its
cognizance, shall have the power to administer a. Appropriation of subterranean or ground water for
oaths, compel the attendance of witnesses by domestic use by an overlying landowner without
subpoena and the production of relevant documents registration required by the Council.
by subpoena duces tecum.
b. Non-observance of any standard of beneficial use
Non-compliance or violation of such orders or of water.
subpoena and subpoena duces tecum shall be
punished in the same manner as indirect contempt c. Failure of the appropriator to keep a record of
of an inferior court upon application by the water withdrawal, when required.
aggrieved party with the proper Court of First
Instance in accordance with the provisions of Rule 71 d. Failure to comply with any of the terms or
of the Rules of Court. conditions in a water permit or a water rights grant.

ARTICLE 88. The Council shall have original e. Unauthorized use of water for a purpose other
jurisdiction over all disputes relating to than that for which a right or permit was granted.
appropriation, utilization, exploitation, development,
control, conservation and protection of waters within f. Construction or repair of any hydraulic work or
the meaning and context of the provisions of this structure without duly approved plans and
Code. specifications, when required.
g. Failure to install a regulating and measuring 2. Excavation or enlargement of the opening of a hot
device for the control of the volume of water spring without permission.
appropriated, when required.
3. Unauthorized obstruction of a river or waterway,
h. Unauthorized sale, lease, or transfer of water or occupancy of a river bank or seashore without
and/or water rights. permission.

i. Failure to provide adequate facilities to prevent or 4. Establishment of a cemetery or a waste disposal

control diseases when required by the Council in the area near a source of water supply or reservoir for
construction of any work for the storage, diversion, domestic municipal use without permission.
distribution and utilization of water.
5. Constructing, without prior permission of the
j. Drilling of a well without permission of the Council. government agency concerned, works that produce
dangerous or noxious substances, or performing acts
k. Utilization of an existing well or ponding or that result in the introduction of sewage, industrial
spreading of water for recharging subterranean or waste, or any substance that pollutes a source of
ground water supplies without permission of the water supply.
Council.
6. Dumping mine tailings and sediments into rivers
l. Violation of or non-compliance with any order, or waterways without permission.
rules, or regulations of the Council.
7. Malicious destruction of hydraulic works or
m. Illegal taking or diversion of water in an open structure valued at more than Twenty-Five Thousand
canal, aqueduct or reservoir. Pesos (P25,000.00) but not exceeding One Hundred
Thousand Pesos (P100,000.00).
n. Malicious destruction of hydraulic works or
structures valued at not exceeding P5,000.00. C. A fine exceeding Six Thousand Pesos (P6,000.00)
but not more than Ten Thousand Pesos (P10,000.00)
ARTICLE 91. A. A fine of not exceeding Three or imprisonment exceeding six (6) years but not
Thousand Pesos (P3,000.00) or imprisonment for not more than twelve (12) years, or both such fine and
more than three (3) years, or both such fine and imprisonment, in the discretion of the Court, shall be
imprisonment, in the discretion of the Court, shall be imposed upon any person who commits any of the
imposed upon any person who commits any of the following acts:
following acts:
1. Misrepresentation of citizenship in order to qualify
1. Appropriation of water without a water permit, for water permit.
unless such person is expressly exempted from
securing a permit by the provisions of this Code. 2. Malicious destruction of hydraulic works or
structure, valued at more than One Hundred
2. Unauthorized obstruction of an irrigation canal. Thousand Pesos (P100,000.00).

3. Cultivation of a river bed, sand bar or tidal flat ARTICLE 92. If the offense is committed by a
without permission. corporation, trust, firm, partnership, association or
any other juridical person, the penalty shall be
4. Malicious destruction of hydraulic works or imposed upon the President, General Manager, and
structure valued at not exceeding Twenty-Five other guilty officer or officers of such corporation,
Thousand Pesos (P25,000.00). trust, firm, partnership, association or entity, without
prejudice to the filing of a civil action against said
B. A fine exceeding Three Thousand Pesos juridical person. If the offender is an alien, he shall
(P3,000.00) but not more than Six Thousand Pesos be deported after serving his sentence, without
(P6,000.00) or imprisonment exceeding three (3) further proceedings.
years but not more than six (6) years, or both such
fine and imprisonment in the discretion of the Court, After final judgment of conviction, the Court upon
shall be imposed on any person who commits any of petition of the prosecution attorney in the same
the following acts: proceedings, and after due hearing, may, when the
public interest so requires, order the suspension or
1. Distribution for public consumption of water which dissolution of such corporation, trust, firm,
adversely affects the health and safety of the public. partnership, association or juridical person.
ARTICLE 93. All actions for offenses punishable under Trial Court Findings: REMMAN's lagoon overflowed,
Article 91 of this Code shall be brought before the causing damage to Lat's plantation.
proper court. Court Order: REMMAN to pay Lat P186,975.00 for lost
profits and P30,000.00 as attorney's fees.
ARTICLE 94. Actions for offenses punishable under Court of Appeals: Affirmed the decision.
this Code by a fine of not more than Three Thousand Supreme Court: REMMAN filed a petition for review
Pesos (P3,000.00) or by an imprisonment of not on certiorari.
more than three (3) years, or both such fine and Issue:
imprisonment, shall prescribe in five (5) years; those Liability: Was REMMAN's liability for the damages
punishable by a fine exceeding Three Thousand suffered by Lat clearly established?
Pesos (P3,000.00) but not more than Six Thousand Income Tax Returns: Should the trial court have
Pesos (P6,000.00) or an imprisonment exceeding accepted REMMAN's request for the production of
three (3) years but not more than six (6) years, or Lat's income tax returns?
both such fine and imprisonment, shall prescribe in Damages: Were the damages allegedly sustained by
seven (7) years; and those punishable by a fine Lat satisfactorily established?
exceeding Six Thousand Pesos (P6,000.00) but not Fortuitous Event: Can REMMAN invoke the defense of
more than Ten Thousand Pesos (P10,000.00) or an fortuitous event to escape liability?
imprisonment exceeding six (6) years but not more Ruling:
than twelve (12) years, or both such fine and Liability: Yes, REMMAN's liability for the damages
imprisonment, shall prescribe in ten (10) years. suffered by Lat was clearly established.
Income Tax Returns: No, the trial court correctly
Cases: (1) Remman Enterprises and (2) Metro Iloilo rejected REMMAN's request for the production of
Water District Lat's income tax returns.
Remman Enterprises vs. Court of Appeals, G.R. No. Damages: Yes, the damages allegedly sustained by
125018. Apr. 6, 2000 Lat were satisfactorily established.
Fortuitous Event: No, REMMAN cannot invoke the
defense of fortuitous event to escape liability.
Ratio:
Liability Establishment:

Ocular Inspection: Confirmed waste water with pig

manure flowed from REMMAN's farm to Lat's
A neighboring landowner successfully sues a piggery plantation.
business for damages after their waste disposal Negligence: Appellate court found REMMAN
lagoon overflows and contaminates the neighboring negligent, directly causing the damage.
agricultural plantation, resulting in lost profits and Failure to Monitor: REMMAN failed to monitor lagoon
attorney's fees. water levels and did not expand lagoons despite
increasing waste volume.
Facts: Income Tax Returns:
Petitioner: Remman Enterprises, Inc. (REMMAN)
Respondent: Crispin E. Lat Court Ruling: Lat's income tax returns would not
Location: Barangay Bugtong Na Pulo, Lipa City prove REMMAN's defenses or rebut Lat's testimony
Lat's Property: 1.8-hectare agricultural land with fruit on losses.
trees. Accuracy: Tax returns could not accurately reflect
REMMAN's Property: 15-hectare land, six hectares damages, as losses from one part of the plantation
used for a piggery business. could be offset by other income sources.
Elevation Difference: REMMAN's land is 1.5 meters Damages Establishment:
higher than Lat's property.
Incident: Factual Findings: Lower courts' factual findings
July 1984: Lat noticed REMMAN's waste disposal supported the conclusion that damages were
lagoon overflowing, affecting his plantation. satisfactorily established.
March 14, 1985: Nearly one hectare of Lat's Ocular Inspection: Trial court conducted an ocular
plantation flooded with pig manure, causing tree inspection and inventory of damaged trees and
damage. plants.
Legal Action: Lat filed a complaint for damages and Testimony: Lat's testimony on annual harvest and
preliminary mandatory injunction against REMMAN. market value was unopposed by REMMAN.
REMMAN's Defense: Denied allegations, claimed Fortuitous Event Defense:
measures were taken to contain waste water.
Negligence: Court rejected REMMAN's defense, water use for which a permit had already been
stating negligence humanized the event, making granted.
REMMAN liable. Issue:
Precedent: Cited National Power Corporation v. Court Did the Regional Trial Court of Iloilo have jurisdiction
of Appeals: negligence in a force majeure event over the subject matter of the petitions filed by
removes it from acts of God rules. MIWD?
Legal Provisions: Civil Code and Water Code Did the actions of the private respondents violate
provisions impose a natural easement on lower MIWD's rights as a water district and justify the
estates to receive naturally descending waters, but issuance of an injunction?
damages from artificially collected waters in man- Ruling:
made lagoons entitle the lower estate owner to The Supreme Court ruled in favor of MIWD.
compensation. The Decision of the Court of Appeals dated June 19,
1995, was set aside.
Metro Iloilo Water District vs. CA, G.R. No. 122855. The case was remanded to the trial court for further
Mar. 31, 2005 proceedings.
The Court held that the trial court had jurisdiction
over the petitions as they raised a judicial question
involving the determination of legal rights under
pertinent laws and jurisprudence.
The doctrine of exhaustion of administrative
remedies did not apply in this case.
Metro Iloilo Water District (MIWD) files petitions Ratio:
against private respondents for extracting and The Supreme Court reasoned that the petitions filed
selling ground water without a permit, leading to a by MIWD raised a judicial question, which involves
jurisdictional dispute between the trial court and the determining what the law is and what the legal rights
National Water Resources Council (Water Council), of the parties are with respect to the matter in
which is ultimately resolved by the Supreme Court in controversy.
favor of MIWD. The issue at hand was not the settlement of a water
rights dispute but the enjoyment of a right to water
Facts: use for which a permit had already been granted.
The Metro Iloilo Water District (MIWD) is a water The Court cited the analogous case of Amistoso v.
district organized under Presidential Decree No. 198 Ong, where it was held that the trial court's
(P.D. 198), as amended. jurisdiction must be upheld when the issue involves
MIWD received a Conditional Certificate of the enjoyment of a right to water use for which a
Conformance No. 71 from the Local Water Utilities permit was already granted.
Administration on January 12, 1979. The Court noted that private respondents did not
MIWD's service areas include Iloilo City and the dispute MIWD's rights as a water district.
municipalities of Ma-asin, Cabatuan, Santa Barbara, Therefore, the trial court had jurisdiction to issue an
and Pavia. injunction to prevent private respondents from
Between April and May 1993, MIWD filed nine extracting and selling groundwater within MIWD's
identical petitions for injunction against private service area in violation of MIWD's water permit.
respondents Emma Nava, Rufino Sitaca, Jr., Rexes
Ursua, Carmen Pangantihon, Benito Go, Rebecca
Berlin, Luis Carreon, Charles Kana-an, and Gerry
Luzuriaga.
MIWD alleged that the respondents were extracting
and selling groundwater within its service area
without the necessary permits from the National
Water Resources Council (Water Council) and without
registering their well drillers.
The trial court dismissed the petitions, ruling that the
controversy was within the original jurisdiction of the
Water Council and that MIWD failed to exhaust
administrative remedies.
The Court of Appeals affirmed the trial court's
decision.
MIWD filed a petition before the Supreme Court,
arguing that the regular courts have jurisdiction over
the dispute as it involves the enjoyment of a right to
Module 4. sources: Provided, further, That the water quality
standards and regulations and the civil liability and
1. What is the Clean Water Act? What is its main penal provisions under this Act shall be enforced
purpose? What is its coverage? What govt agency is irrespective of sources of pollution.
primarily responsible for its implementation?
SECTION 2. Declaration of Policy. - The State shall 2. Know the definition of the ff terms: environmental
pursue a policy of economic growth in a manner management, environmental management system,
consistent with the protection, preservation and pollutant, hazardous waste, effluent, effluent
revival of the quality of our fresh, brackish and standard, non-attainment areas.
marine waters. To achieve this end, the framework m) Effluent - means discharge from known sources
for sustainable development shall be pursued. As which is passed into a body of water or land, or
such, it shall be the policy of the State: wastewater flowing out of a manufacturing plant,
a) To streamline processes and procedures in the industrial plant including domestic, commercial and
prevention, control and abatement of pollution of the recreational facilities.
country's water resources; n) Effluent standard - means any legal restriction or
b) To promote environmental strategies, use of limitation on quantities, rates, and/or concentrations
appropriate economic instruments and of control or any combination thereof, of physical, chemical or
mechanisms for the protection of water resources; biological parameters of effluent which a person or
c) To formulate a holistic national program of water point source is allowed to discharge into a body of
quality management that recognizes that water water or land.
quality management issues cannot be separated o) Environmental management - means the entire
from concerns about water sources and ecological system which includes, but is not limited to,
protection, water supply, public health and quality of conservation, regulation and minimization of
life; pollution, clean production, waste management,
d) To formulate an integrated water quality environmental law and policy, environmental
management framework through proper delegation education and information, study and mitigation of
and effective coordination of functions and activities; the environmental impacts of human activity, and
e) promote commercial and industrial processes and environmental research.
products that are environment friendly and energy p) Environmental management system - means the
efficient; part of the overall management system that includes
f) To encourage cooperation and self-regulation organizational structure, planning activities,
among citizens and industries through the responsibilities, practices, procedures, processes and
application of incentives and market-based resources for developing, implementing, achieving,
instruments and to promote the role of private reviewing and maintaining the environment policy.
industrial enterprises in shaping its regulatory profile u) Hazardous waste - means any waste or
within the acceptable boundaries of public health combination of wastes of solid liquid, contained
and environment; gaseous, or semi-solid form which cause, of
g) To provide for a comprehensive management contribute to, an increase in mortality or an increase
program for water pollution focusing on pollution in serious irreversible, or incapacitating reversible
prevention; illness, taking into account toxicity of such waste, its
h) To promote public information and education and persistence and degradability in nature, its potential
to encourage the participation of an informed and for accumulation or concentration in tissue, and
active public in water quality management and other factors that may otherwise cause or contribute
monitoring; to adverse acute or chronic effects on the health of
i) To formulate and enforce a system of persons or organism.
accountability for short and long-term adverse
environmental impact of a project, program or SECTION 6. Management of Non-attainment
activity; and Areas. - The Department shall designate water
j) To encourage civil society and other sectors, bodies, or portions thereof, where specific pollutants
particularly labor, the academe and business from either natural or man-made source have
undertaking environment-related activities in their already exceeded water quality guidelines as non-
efforts to organize, educate and motivate the people attainment areas for the exceeded pollutants. It shall
in addressing pertinent environmental issues and prepare and implement a program that will not allow
problems at the local and national levels. new sources of exceeded water pollutant in non-
attainment areas without a corresponding reduction
SECTION 3. Coverage of the Act. - This Act shall in discharges from existing sources; Provided, That if
apply to water quality management in all water the pollutant is naturally occurring, e.g. naturally
bodies: Provided, That it shall primarily apply to the high boron and other elements in geothermal areas,
abatement and control of pollution from land based discharge of such pollutant may be allowed:
Provided, further, That the effluent concentration of one (1) single representative for all the management
discharge shall not exceed the naturally occurring areas wherein is a member.
level of such pollutant in the area: Provided, Finally,
That the effluent concentration and volume of The governing board shall formulate strategies to
discharge shall not adversely affect water supply, coordinate policies necessary for the effective
public health and ecological protection. implementation of this Act in accordance with those
established in the framework and monitor the
The Department shall, in coordination with NWRB, compliance with the action plan.
Department of Health (DOH), Department of
Agriculture (DA), governing board and other Each management area shall create a multi-sectoral
concerned government agencies and private sectors group to establish and affect water quality
shall take such measures as may be necessary to surveillance and monitoring network including
upgrade the quality of such water in non-attainment sampling schedules and other similar activities. The
areas to meet the standards under which it has been group shall submit its report and recommendation to
classified. the chairman of the governing board.

Upgrading of water quality shall likewise include A technical secretariat for each management area is
undertakings, which shall improve the water quality hereby created which shall be part of the
of a water body to a classification that will meet its department and shall provide technical support to
projected or potential use. the governing board. They shall be composed of at
least four (4) members who shall have the following
The LGUs shall prepare and implement contingency minimum qualifications:
plans and other measures including relocation,
whenever necessary, for the protection of health and a) One (1) member shall be a member of the
welfare of the residents within potentially affected Philippines Bar;
areas.
b) One (1) member shall be a Chemical Engineer,
3. What is a water quality management area? What Chemist, Sanitary Engineer, Environmental Engineer
body governs this/these area/s? Exceptions? or Ecologist or significant training and experience in
CHAPTER 2 chemistry;
WATER QUALITY MANAGEMENT SYSTEM
c) One (1) member shall be a Civil Engineer or
ARTICLE 1 Hydrologist or Significant training and experience in
GENERAL PROVISIONS closely related fields and experience on ground
water, respectively; and
SECTION 5. Water Quality Management Area. - The
Department, in coordination with National Water d) One (1) member shall be a Geologist, Biologist, or
Resources Board (NWRB), shall designate certain significant training and experience in closely related
areas as water quality management areas using fields.
appropriate physiographic units such as watershed,
river basins or water resources regions. Said The areas within the jurisdiction of the Laguna Lake
management areas shall have similar hydrological, Development Authority (LLDA) shall be designated
hydrogeological, meteorological or geographic as one management area under the administration
conditions which affect the physicochemical, of LLDA in accordance with R.A. No. 4850, as
biological and bacteriological reactions and amended: Provided, However, That the standards
diffusions of pollutants in the water bodies, or promulgated pursuant to this Act and wastewater
otherwise share common interest or face similar charge system established pursuant hereof shall be
development programs, prospects or problems. enforced in said area.

Said management area shall be governed by a SECTION 6. Management of Non-attainment Areas. -

governing board composed of representatives of The Department shall designate water bodies, or
mayors and governors of member local government portions thereof, where specific pollutants from
units (LGUs), and representatives of relevant either natural or man-made source have already
national government agencies, duly registered non- exceeded water quality guidelines as non-attainment
governmental organization, water utility sector, and areas for the exceeded pollutants. It shall prepare
business sector. The Department representative shall and implement a program that will not allow new
chair the governing board. In the case of the LGUs sources of exceeded water pollutant in non-
with memberships on more than one (1) attainment areas without a corresponding reduction
management board, the LGU shall designate only in discharges from existing sources; Provided, That if
the pollutant is naturally occurring, e.g. naturally Each LGU may raise funds to subsidize necessary
high boron and other elements in geothermal areas, expenses for the operation and maintenance of
discharge of such pollutant may be allowed: sewerage treatment or septage facility servicing
Provided, further, That the effluent concentration of their area of jurisdiction through local property taxes
discharge shall not exceed the naturally occurring and enforcement of a service fee system.
level of such pollutant in the area: Provided, Finally,
That the effluent concentration and volume of SECTION 8. Domestic Sewage Collection, Treatment
discharge shall not adversely affect water supply, and Disposal. - Within five (5) years following the
public health and ecological protection. effectivity of this Act, the Agency vested to provide
water supply and sewerage facilities and/or
The Department shall, in coordination with NWRB, concessionaires in Metro Manila and other highly
Department of Health (DOH), Department of urbanized cities (HUCs) as defined in Republic Act
Agriculture (DA), governing board and other No. 7160, in coordination with LGUs, shall be
concerned government agencies and private sectors required to connect the existing sewage line found in
shall take such measures as may be necessary to all subdivisions, condominiums, commercial centers,
upgrade the quality of such water in non-attainment hotels, sports and recreational facilities, hospitals,
areas to meet the standards under which it has been market places, public buildings, industrial complex
classified. and other similar establishments including
households to available sewerage system. Provided,
Upgrading of water quality shall likewise include That the said connection shall be subject to
undertakings, which shall improve the water quality sewerage services charge/fees in accordance with
of a water body to a classification that will meet its existing laws, rules or regulations unless the sources
projected or potential use. had already utilized their own sewerage system:
Provided, further, That all sources of sewage and
The LGUs shall prepare and implement contingency septage shall comply with the requirements herein.
plans and other measures including relocation,
whenever necessary, for the protection of health and In areas not considered as HUCs, the DPWH in
welfare of the residents within potentially affected coordination with the Department, DOH and other
areas. concerned agencies, shall employ septage or
combined sewerage-septage management system.
SECTION 7. National Sewerage and Septage
Management Program. - The Department of Public For the purpose of this section, the DOH,
Works and Highways (DPWH), through its relevant coordination with other government agencies, shall
attached agencies, in coordination with the formulate guidelines and standards for the
Department, local government units (LGUs) and collection, treatment and disposal of sewage
other concerned agencies, shall, as soon as possible, including guidelines for the establishment and
but in no case exceeding a period of twelve (12) operation of centralized sewage treatment system.
months from the affectivity of this Act, prepare a
national program on sewerage and septage SECTION 9. National Water Quality Management
management in connection with Section 8 hereof. Fund. - A water quality management fund, to be
administered by the Department, in coordination
Such program shall include a priority listing of with other concerned agencies, as a special account
sewerage, septage and combined sewerage-septage in the National Treasury is hereby established. The
projects for LGUs based on population density and fund shall be used to finance the following:
growth, degradation of water resources, topography,
geology, vegetation, program/projects for the a) Finance containment and clean-up operations of
rehabilitation of existing facilities and such other the government in water pollution cases;
factors that the Secretary may deem relevant to the b) Guarantee restoration of ecosystems and
protection of water quality. On the basis of such rehabilitation of affected areas;
national listing, the national government may allot, c) Support research, enforcement and monitoring
on an annual basis, funds for the construction and activities;
rehabilitation of required facilities. d) Provide technical assistance to the implementing
agencies;
Each LGU shall appropriate the necessary land, e) Grant rewards and incentives;
including the required rights-of-way/road access to f) Support information and educational campaign;
the land for the construction of the sewage and/or and
septage treatment facilities. g) Such other disbursements made solely for the
prevention, control or abatement of water pollution
and management and administration of the
management areas in the amounts authorized by the provision may be applied to oil and gas exploration
Department. as determined by the Department.

The fines imposed and damages awarded to the SECTION 12. Categories of Industry Sector. - Within
government by the Pollution Adjudication Board twenty-four (24) months from the effectivity of this
(PAB), proceeds of permits issued by the Department Act, and every two (2) years thereafter, the
under this Act, donations, endowments and grants in Department shall, through due public consultation,
the form of contributions to the national government revise and publish a list of categories of industry
under this Act shall form part of the fund. Such sector for which effluent standards will be provided
donations, endowments and grants shall be exempt for each significant wastewater parameter per
from donor's taxes and all other taxes, charges or industry sector.
fees imposed by the government and shall be
deductible from the gross income of the donor for The Department shall provide additional
income tax purposes. classification based on other parameters specifically
associated to discharge of a particular industry
Disbursements from the fund shall be subject to the which shall be included in the listing of categories
usual accounting and budgeting rules and prescribed in the preceding paragraph.
regulations.
4. How will discharges of wastewater be controlled,
SECTION 10. The Area Water Quality Management managed, or discouraged?
Fund. - The area water quality management fund is
hereby established for the maintenance and upkeep 4.1.What is the wastewater charge system? Purpose?
of the water bodies in a water quality management ARTICLE 2
area. The fund shall be utilized for the grant of WATER POLLUTION PERMITS AND CHARGES
rewards and incentives for entities whose effluent
discharges are better than the water quality criteria SECTION 13. Wastewater Charge System. - The
of the target classification of the receiving body of Department shall implement a wastewater charge
water, loans for acquisitions and repairs of facilities system in all management areas including the
to reduce quantity and improve quality of Laguna Lake Region and Regional Industrial Centers
wastewater discharges, and regular maintenance of through the collection of wastewater charges/fees.
the water bodies within the management area. The system shall be established on the basis of
payment to the government for discharging
An amount of not more than ten percent (10%) of wastewater into the water bodies. Wastewater
the total amount accruing to the funds annually shall charges shall be established taking into
be allocated for the operational expenses of the consideration the following:
governing board, its secretariat and multi-sectoral
water quality surveillance and monitoring network. a) To provide strong economic inducement for
polluters to modify their production or management
This fund shall initially be sourced from the fines processes or to invest in pollution control technology
incurred by the establishments located in rural areas in order to reduce the amount of water pollutants
before the effectivity of this Act. Thereafter, the fees generated;
collected under the wastewater charge system
established under Section 13 of this Act, donations, b) To cover the cost of administering water quality
endowments and grants for water quality management or improvement programs;
management of the area shall accrue to the fund.
c) Reflect damages caused by water pollution on the
Disbursements from the fund shall be subject to the surrounding environment, including the cost of
usual accounting and budgeting rules and rehabilitation;
regulations. This fund shall be managed by the
Board of the corresponding management area. d) Type of pollutant;

SECTION 11. Water Quality Variance for Geothermal e) Classification of the receiving water body; and
and Oil and Gas Exploration. - The Department may
provide variance in water quality criteria and f) Other special attributes of the water body.
standards for geothermal exploration that
encounters re-injection constraints: Provided, That The fee shall be based on the net waste load
there shall be provision for adequate protection of depending on the wastewater, charge formula which
beneficial use of water bodies, downstream of the shall be established with due public consultation
geothermal project: Provided, further, That this within six (6) months from the effectivity of this Act:
Provided, That net waste load shall refer to the concerned sectors in the furtherance of the
difference of the initial waste load of the abstracted objectives of this Act- The following agencies shall
water and the waste load of the final effluent perform tile functions specified hereunder:
discharge of an industry: Provided, further, That no
net waste load shall be lower than the initial waste a) Philippine Coast Guard in coordination with DA
load: Provided, finally, That wastewater charge and the Department shall enforce for the
system shall not apply to wastewater from enforcement of water quality standards in marine
geothermal exploration. waters, set pursuant to this Act, specifically from
offshore sources;
Industries whose water effluent are within standards
promulgated pursuant to this Act, shall only be b) DPWH through its attached agencies, such as the
charged with minimal reasonable amount which shall MWSS, LWUA, and including other urban water
be determined by the Department after due public utilities for the provision or sewerage and sanitation
consultation, giving account to volumetric rate of facilities and the efficient and safe collection,
discharge and effluent concentration. treatment and disposal of sewage within their area
of jurisdiction;
4.2. What is the financial liability mechanism for
environmental rehabilitation? Purpose? c) DA, shall coordinate with the Department, in the
ARTICLE 3 formulation of guidelines for the re-use of
FINANCIAL LIABILITY MECHANISM wastewater for irrigation and other agricultural uses
and for the prevention, control and abatement of
SECTION 15. Financial Liability for Environmental pollution from agricultural and aquaculture activities:
Rehabilitation. - The Department shall require Provided, That discharges coming from non-point
program and project proponents to put up sources be categorized and further defined pursuant
environmental guarantee fund {EGF) as part of the to this Act: Provided, further, That the Bureau of
environmental management plan attached to the Fisheries and Aquatic Resources (BFAR) of the DA
environmental compliance certificate pursuant to shall be primarily responsible for the prevention and
Presidential Decree No.1586 and its implementing control of water pollution for the development,
rules and regulations. The EGF shall finance the management and conservation of the fisheries and
maintenance of the health of the ecosystems and aquatic resources;
specially the conservation of watersheds and
aquifers affected by the development, and the needs d) DOH shall be primarily responsible for the
of emergency response, clean-up or rehabilitation of promulgation, revision and enforcement of drinking
areas that may be damaged during the program's or water quality standards;
project's actual implementation. Liability for
damages shall continue even after the termination of e) DOST, in coordination with the Department and
a program or project and, until the lapse of a given other concerned agencies, shall prepare a program
period indicated in the environmental compliance for the evaluation, verification, development and
certificate, as determined by the Department. The public dissemination of pollution prevention and
EGF may be in the form of a trust fund, cleaner production technologies; and
environmental insurance, surety bonds, letters of
credit, self-insurance and any other instruments f) Department of Education (DepEd), Commission
which may be identified by the Department. The Higher Education (CHED), Department of the Interior
choice of the guarantee instrument or combinations and Local Government (DILG) and Philippine
thereof shall depend, among others, on the Information Agency (PIA) shall assist and coordinate
assessment of the risks involved and financial test with the Department in, the preparation and
mechanisms devised by the Department. Proponents implementation of a comprehensive program
required to put up guarantee instruments shall pursuant to the objectives of this Act.
furnish the Department with evidence of availment
of such instruments from accredited financial SECTION 23. Requirement of Record-keeping,
instrument providers. Authority for Entry to Premises and Access to
Documents. - The Department or its duly authorized
4.3. What is a linkage mechanism? What are the representative shall, after proper consultation and
government agencies required to take part in the notice, require any person who owns or operates any
implementation of the act and what are their roles? pollution source or who is subject to. any
SECTION 22. Linkage Mechanism. - The Department requirement of this Act to submit reports and other
and its concerned attached agencies including LLDA written information as may be required by the
shall coordinate and enter into agreement with other department.
government agencies, industrial sector and other
Any record, report or information obtained under this geared towards the promotion thereof as provided in
section shall be made available to the public, except this Act.
upon a satisfactory showing to the Department by
the, entity concerned that the record, report, or A. Non-fiscal incentive
information or parts thereof, if made public, would
divulge secret methods or processes entitled to 1. Inclusion in the Investments Priority Plan (IPP). -
protection as intellectual property. Such record, Subject to the rules and regulations of the Board of
report or information shall likewise be incorporated Investments (BOI), industrial wastewater treatment
in the Department's industrial rating system. and/or adoption of water pollution control
Pursuant to this Act, the Department, through it's technology, cleaner production and waste
authorized representatives, shall have the right to: minimization technology shall be classified as
(a) enter any premises or to have access to preferred areas of investment under its annual
documents and relevant materials as referred to in priority plan and shall enjoy the applicable fiscal and
the herein preceding paragraph; (b) inspect any non-fiscal incentives as may be provided for under
pollution or waste source, control device, monitoring the Omnibus Investment Code, as amended.
equipment or method required; and (c) test any
discharge. Fiscal Incentives

In cases of fish kill incidence, the Bureau of Fisheries 1. Tax and Duty Exemption on Imported Capital
of the DA, in the course of its investigation, may Equipment. - Within ten 10) years upon the
enter the premises of an establishment reported to effectivity of this Act, LGUs, WDs, enterprises or
have caused said incident. private entities shall enjoy tax-and-duty-free
importation of machinery, equipment and spare
SECTION 24. Pollution Research and Development parts used for industrial wastewater
Programs. - The Department, in coordination with the treatment/collection and treatment facilities:
Department of Science and Technology (DOST), other Provided, That the importation of such machinery,
concerned agencies and academic research equipment and spare parts shall comply with the
institutions, shall establish a national research and following conditions:
development program for the prevention and control
of water pollution. As part of said program, the DOST a) They are not manufactured domestically in
shall conduct and promote the coordination and sufficient quantity, of comparable quality and at
acceleration of research, investigation, experiments, reasonable prices;
training, survey and studies relating to the causes,
extent, prevention and control of pollution among b) They are reasonably needed and will be used
concerned government agencies and research actually, directly and exclusively for the above
institutions. mentioned activities; and

4.4. What is the reward/incentive scheme? Purpose? c) Written endorsement by the Department that the
Familiarize with the various incentives to private importation of such machinery, equipment and spare
entities for compliance with or for their support in parts would be beneficial to environmental
implementing the act. protection and management: Provided, further, That
CHAPTER 4 the sale, transfer or disposition of such machinery,
INCENTIVES AND REWARDS equipment and spare parts without prior approval of
the BOI within five (5) years from the date of
SECTION 25. Rewards. - Rewards, monetary or acquisition shall be prohibited, otherwise the LGU
otherwise, shall be provided to individuals, private concerned, WD, enterprise or private entity and the
organization and entities, including civil society, that concerned vendee, transferee or assignee shall be
have undertaken outstanding and innovative solidarity liable to pay twice the amount of tax and
projects, technologies, processes and techniques or duty exemption given it.
activities in water quality management. Said rewards
shall be sourced from the Water Quality Management 2. Tax Credit on Domestic Capital Equipment. -
Fund herein created. Within ten (10) years from the effectivity of this Act,
a tax credit equivalent to one hundred percent
SECTION 26. Incentives Scheme. - An incentive (100%) of the value of the national internal revenue
scheme is hereby provided for the purpose of taxes and customs duties that would have been
encouraging LGUs, water districts (WDs), waived on the machinery, equipment, and spare
enterprises, or private entities, and individuals, to parts, had these items been imported shall be given
develop or undertake an effective water quality to enterprises or private entities and individuals,
management, or actively participate in any program
subject to the same conditions and prohibition cited storm, floods or otherwise, which could cause water
in the preceding paragraph. pollution or impede natural flow in the water body;

3. Tax and Duty Exemption of Donations, Legacies b) Discharging, injecting or allowing to seep into the
and Gifts. - All legacies, gifts and donations to LGUs, soil or sub-soil any substance in any form that would
WDs, enterprises, or private entities and individuals, pollute groundwater. In the case of geothermal
for the support and maintenance of the program for projects, and subject to the approval of the
effective water quality management shall be exempt Department, regulated discharge for short- term
from donor's tax and shall be deductible from the activities (e.g. well testing, flushing, commissioning,
gross income of the donor for income tax purposes. venting) and deep re-injection of geothermal liquids
may be allowed: Provided, That safety measures are
Imported articles donated to, or for the account of adopted to prevent the contamination of the
any LGUs, WDs, local water utilities, enterprises, or groundwater;
private entities and individuals to be exclusively
used for water quality management programs shall c) Operating facilities that discharge regulated water
be exempted from the payment of customs duties pollutants without the valid required permits or after
and applicable internal revenue taxes. the permit was revoked for any violation of any
condition therein;
Industrial wastewater treatment and/or installation of
water pollution control devices shall be classified as d) Disposal of potentially infectious medical waste
pioneer and preferred areas of investment under the into sea water by vessels unless the health or safety
BOI's annual priority plan and shall enjoy- the of individuals on board the vessel is threatened by a
applicable fiscal and non-fiscal incentives as may be great and imminent peril;
provided for under the Omnibus Investment Code, as
amended. e) Unauthorized transport or dumping into sea
waters of sewage sludge or solid waste as defined
B. Financial Assistance Program under Republic Act No.9003;

Government financial institutions such as the f) Transport, dumping or discharge of prohibited

Development Bank of the Philippines, Land Bank of chemicals, substances or pollutants listed under
the Philippines, Government Service Insurance Republic Act No.6969;
System, and such other government institutions
providing financial services shall, in accordance with g) Operate facilities that discharge or allow to seep,
and to the extent allowed by the enabling provisions willfully or through gross negligence, prohibited
of their respective charters or applicable laws, chemicals, substances or pollutants listed under R. A.
accord high priority to extend financial services to No. 6969 into water bodies or wherein the same shall
LGUs, WDs, enterprises, or private entities engaged be liable to be washed into such surface, ground,
in sewage collection and treatment facilities. coastal, and marine water;

C. Extension or Grants to LGUs h) Undertaking activities or development and

expansion of projects, or operating
Cities and municipalities which shall establish or wastewater/sewerage facilities in violation of
operate sewerage facilities may be entitled to Presidential Decree. No.1586 and its implementing
receive grants for the purpose of developing rules, and regulations;
technical capabilities.
i) Discharging regulated water pollutants without the
4.5. What are the prohibited acts? valid required discharge permit pursuant to this Act
CHAPTER 5 or after the permit was revoked for any violation of
CIVIL LIABILITY/PENAL PROVISIONS condition therein;

SECTION 27. Prohibited Acts. - The following acts are j) Non-compliance of the LGU with the Water Quality
hereby prohibited: Framework and Management Area Action Plan. In
such a case, sanctions shall be imposed on the local
a) Discharging, depositing or causing to be deposited government officials concerned;
material of any kind directly or indirectly into the
water bodies or along the margins of any surface k) Refusal to allow entry, inspection and monitoring
water, where, the same shall be liable to be washed by the Department in accordance with this Act;
into such surface water, either by tide action or by
l) Refusal to allow access by the Department to government agencies file criminal charges against
relevant reports and records in accordance with this the violators. Gross violation shall mean any of the
Act; following:

m) Refusal or failure to submit reports whenever a) deliberate discharge of toxic pollutants identified
required by the Department in accordance with this pursuant to Republic Act No.6969 in toxic amounts;
Act;
b) five {5) or more violations within a period of two
n) Refusal or failure to designate pollution control (2) years; or
officers whenever required by, the Department in
accordance with this Act; and c) blatant disregard of the orders of the PAB, such as
the non-payment of fines, breaking of seals or
o) Directly using booster pumps in the distribution operating despite the existence of an order for
system or tampering with the water supply in such a closure, discontinuance or cessation of operation.
way as to alter or impair the water quality.
In which case, offenders shall be punished with a fine
SECTION 28. Fines, Damages and Penalties. - Unless of not less than Five hundred thousand pesos
otherwise provided herein, any person who commits (P500,000.00) but not more than Three million pesos
any of the prohibited acts provided in the (P3,000,000.00} per day for each day of violation or
immediately preceding section or violates any of the imprisonment of not less than six {6) years but not
provision of this Act or its implementing rules and more than ten {10) years, or both, at the discretion
regulations, shall be fined by the Secretary, upon the of the court. If the offender is a juridical person, the
recommendation of the PAB in the amount of not president, manager and the pollution control officer
less than Ten thousand pesos (P10,000.00) nor more or the official in charge of the operation shall suffer
than Two hundred thousand pesos (P200,000.00) for the penalty herein provided.
every day of violation. The fines herein prescribed
shall be increased by ten percent (10%) every two For violations falling under Section 4 of Presidential
(2) years to compensate for inflation and to maintain Decree No.979 or any regulations prescribed in
the deterrent function of such fines: Provided, That pursuance thereof, such person shall be liable for a
the Secretary, upon recommendation of the PAB may fine of no1 less than Fifty thousand pesos
order the closure, suspension of development or {P50,000.00) nor more than One million pesos
construction, or cessation of operations or, where (P1,000,000.00) or by imprisonment of not less than
appropriate disconnection of water supply, until such one {1) year nor more than six (6) years or both, for
time that proper environmental safeguards are put in each offense, without prejudice to the civil liability of
place and/or compliance with this Act or its rules and the offender in accordance with existing laws. If the
regulations are undertaken. This paragraph shall be offender is a juridical entity, then its officers,
without prejudice to the issuance of an ex parte directors, agents or any person primarily responsible
order for such closure, suspension of development or shall be held liable: Provided, That any vessel from
construction, or cessation of operations during the which oil or other harmful substances are discharged
pendency of the case. in violation of Section 4 of Presidential Decree
No.979 shall be liable for penalty of fine specified in
Failure to undertake clean-up operations, willfully, or the immediately preceding paragraph and clearance
through gross negligence, shall be punished by of such vessel from the port of the Philippines may
imprisonment of not less than two (2) years and not be withheld until the fine is paid and such penalty
more than four (4) years and a fine not less than shall constitute a lien on such vessel which may be
Fifty thousand pesos (P50,000.00) and not more than recovered in proceedings by libel in rem in the
One hundred thousand pesos (P100,000.00) per day proper court which the vessel may be. The owner or
for each day of violation. Such failure or refusal operator of a vessel or facility which discharged the
which results in serious injury or loss of life and/or oil or other harmful substances will be liable to pay
irreversible water contamination of surface, ground, for any clean-up costs.
coastal and marine water shall be punished with
imprisonment of not less than six (6) years and one Provided, finally, That water pollution cases involving
day and not more than twelve (12) years, and a fine acts or omissions --- committed within the Laguna
of Five Hundred Thousand Pesos (P500,000.00) per Lake Region shall be dealt with in accordance with
day for each day during which the omission and/or the procedure under R. A. No.4850 as amended.
contamination continues.
SECTION 29. Administrative Sanctions Against Non-
In case of gross violation of this Act, the PAB shall compliance with the Water Quality Management Area
issue a resolution recommending that the proper Action Plan. - Local government officials concerned
shall be subject to Administrative sanctions incase of The case was decided on July 19, 2022, by Justice
failure to comply with their action plan accordance Hernando.
with the relevant provisions of R.A. No. 7160. Issue:
Did the petitioners violate Section 8 of the Philippine
CHAPTER 6 Clean Water Act?
ACTIONS Are the fines imposed on the petitioners excessive,
confiscatory, and unconstitutional?
SECTION 30. Administrative Action. - Without Should the fines be reduced due to the petitioners'
prejudice to the right of any affected person to file good faith efforts and recent legislative changes?
an administrative action, the Department shall, on Ruling:
its own instance or upon verified complaint by any Yes, the petitioners violated Section 8 of the
person, institute administrative proceedings in the Philippine Clean Water Act.
proper forum against any person who violates: No, the fines are not excessive, confiscatory, or
unconstitutional.
a) Standards or limitations provided by this Act; or Yes, the fines should be reduced due to the
petitioners' good faith efforts and recent legislative
b) By any such order, rule or regulation issued by the changes.
Department with respect to such standard or Ratio:
limitation. The Court found that the petitioners violated Section
8 of the CWA, which required them to connect
existing sewage lines to available sewerage systems
within five years from the law's effectivity.
Cases- (1) Maynilad Water Services and (2) MMDA The argument that the fines were excessive and
Maynilad Water Services v. Secretary of DENR, G.R. unconstitutional was rejected, as the fines were
No. 202897, August 6, 2019 administrative penalties, not criminal penalties, and
thus not subject to the constitutional prohibition on
excessive fines.
The Court noted that the petitioners could not
challenge the constitutionality of the CWA via a
The case involves Maynilad Water Services, Inc., collateral attack in a motion for reconsideration.
Manila Water Company, Inc., and Metropolitan The Court acknowledged the petitioners' good faith
Waterworks and Sewerage System (MWSS) being efforts to comply with the CWA and recent legislative
held liable for fines for their violation of Section 8 of changes extending their compliance deadline to
the Clean Water Act, with the fines being reduced 2037.
due to the petitioners' good faith efforts and the Consequently, the Court reduced the fines from the
recent grant of legislative franchises extending their maximum amount of P200,000 per day to P30,000
compliance deadline. per day, subject to a 10% increase every two years,
and applied this reduction retroactively from May 7,
Facts: 2009, to January 21, 2022.
The case involves Maynilad Water Services, Inc. The Court emphasized the importance of the Public
(Maynilad), Manila Water Company, Inc. (Manila Trust Doctrine, which mandates that public resources
Water), and the Metropolitan Waterworks and be managed for the benefit of the people, and urged
Sewerage System (MWSS) as petitioners. the MWSS to ensure strict compliance with the CWA.
Respondents include the Secretary of the
Department of Environment and Natural Resources MMDA vs. Concerned Residents of Manila Bay, G.R.
(DENR), the Pollution Adjudication Board (PAB), and Nos. 171947. Feb. 15, 2011
various regional directors of the Environmental
Management Bureau (EMB).
Petitioners were fined for violating Section 8 of the
Philippine Clean Water Act (CWA).
The Court of Appeals initially imposed the fines in
decisions dated October 26, 2011, August 14, 2012, The Supreme Court affirms its authority to issue
and September 25, 2012. directives and set deadlines for government
The Supreme Court affirmed these decisions with agencies to clean up and rehabilitate Manila Bay,
modifications on August 6, 2019. despite dissenting opinions arguing it encroaches on
Petitioners filed motions for reconsideration, arguing the executive branch's authority.
limited jurisdiction, excessive fines,
unconstitutionality, and good faith actions. Facts:
The case involves a petition by several government The concept of "continuing mandamus" means that
agencies, including the Metropolitan Manila the Court exercises continuing jurisdiction over the
Development Authority (MMDA) and the Department agencies until full compliance with the judgment is
of Environment and Natural Resources (DENR), achieved.
against the Concerned Residents of Manila Bay. The Court addressed concerns about potential
The Supreme Court of the Philippines rendered a encroachment on executive functions by clarifying
decision on February 15, 2011, affirming its authority that its directives are necessary to implement the
to issue directives and set deadlines for these final judgment.
government agencies to clean up and rehabilitate The Court's role is to ensure that the agencies
Manila Bay. perform their duties as mandated by law, and the
The case originated from a decision by the Regional submission of plans of action and status reports is
Trial Court (RTC) on September 13, 2002, which was part of the execution stage of the final decision.
affirmed by the Court of Appeals (CA) on September The principle of separation of powers does not
28, 2005. preclude the judiciary from ensuring that its
The RTC had ordered the defendant-government decisions are effectively implemented.
agencies to clean up, rehabilitate, and preserve In conclusion, the Supreme Court affirmed its
Manila Bay to make its waters fit for swimming and authority to issue directives and set deadlines for the
other forms of contact recreation. cleanup and rehabilitation of Manila Bay,
The Supreme Court's decision became final in emphasizing that these actions are within its judicial
January 2009, and the case entered the execution power and do not encroach upon the executive
phase. branch's authority.
The Manila Bay Advisory Committee was created to
monitor the execution of the final decision and
evaluate the quarterly progressive reports submitted
by the agencies.
Issue:
Does the Supreme Court have the authority to issue
directives and set deadlines for government
agencies to clean up and rehabilitate Manila Bay?
Do these directives encroach upon the executive
branch's authority?
Ruling:
Yes, the Supreme Court has the authority to issue
directives and set deadlines for government
agencies to clean up and rehabilitate Manila Bay.
No, these directives do not encroach upon the
executive branch's authority.
Ratio:
The Supreme Court's authority to issue directives
and set deadlines for the cleanup and rehabilitation
of Manila Bay is rooted in its judicial power under
Article VIII of the 1987 Philippine Constitution.
The Court emphasized that the execution of its
decision is an integral part of its adjudicative
function.
The issuance of subsequent resolutions is a
continuation of the Court's judicial power to ensure
that its final judgment is fully implemented.
The Court noted that none of the agencies
questioned its power to implement the December
18, 2008 decision, nor did they raise concerns about
alleged encroachment on executive functions.
The submission of periodic reports by the agencies is
sanctioned by Sections 7 and 8, Rule 8 of the Rules
of Procedure for Environmental Cases.
These rules allow the Court to require respondents to
submit periodic reports detailing the progress and
execution of the judgment.
Module 5:
e. Protected landscapes and seascapes;
1. What is NIPAS? What is its main purpose? What is
its extent? How may a new area be included in the f. Resource reserve;
system? What government agency administers the
system? g. Natural biotic areas; and
SECTION 1. Title – This Act shall be known and
referred to as the “National Integrated Protected h. Other categories established by law,
Areas System Act of 1992”. conventions or international agreements which the
Philippine Government is a signatory.
SECTION 2. Declaration of Policy – Cognizant of
the profound impact of man’s activities on all 2. Know the definition of the ff terms:
components of the natural environment particularly Bioprospecting, Buffer zones, multiple-use zones,
the effect of increasing population, resource exploration, protected area, resource reserve, strict
exploitation and industrial advancement and nature reserve, protected species, threatened
recognizing the critical importance of protecting and species, special account in general fund v. Protected
maintaining the natural biological and physical area retained income account (and the funds'
diversities of the environment notably on areas with purposes). Be familiarized with the other terms.
biologically unique features to sustain human life SECTION 4. Definition of Terms – For purposes
and development, as well as plant and animal life, it of this Act, the following terms shall be defined as
is hereby declared the policy of the State to secure follows:
for the Filipino people of present and future
generations the perpetual existence of all native 1. “National Integrated Protected Areas System
plants and animals through the establishment of a (NIPAS)” is the classification and administration of all
comprehensive system of integrated protected areas designated protected areas to maintain essential
within the classification of national park as provided ecological processes and life-support systems, to
for in the Constitution. preserve genetic diversity, to ensure sustainable use
of resources found therein, and to maintain their
It is hereby recognized that these areas, although natural conditions to the greatest extent possible;
distinct in features, posses common ecological
values that may be incorporated into a holistic plan 2. “Protected Area” refers to identified portions of
representative of our natural heritage; that effective land and water set aside by reason of their unique
administration of this area is possible only through physical and biological significance, managed to
cooperation among national government, local enhance biological diversity and protected against
government and concerned private organizations; destructive human exploitation;
that the use and enjoyment of these protected areas
must be consistent with the principles of biological 3. “Buffer zones” are identified areas outside the
diversity and sustainable development. boundaries of and immediately adjacent to
designated protected areas pursuant to Section 8
To this end, there is hereby established a National that need special development control in order to
Integrated Protected Areas System (NIPAS), which avoid or minimize harm to the protected area;
shall encompass outstandingly remarkable areas and
biologically important public lands that are habitats 4. “Indigenous cultural community” refers to a group
of rare and endangered species of plants and of people sharing common bonds of language,
animals, biogeographic zones and related customs, traditions and other distinctive cultural
ecosystems, whether terrestrial, wetland or marine, traits and who have since time immemorial,
all of which shall be designated as “protected areas”. occupied, possessed and utilized a territory;

SECTION 3. Categories – The following 5. “National park” refers to a forest reservation

categories of protected areas are hereby essentially of natural wilderness character which has
established: been withdrawn from settlement, occupancy or any
form of exploitation except in conformity with
a. Strict nature reserve; approved management plan and set aside as such
exclusively to conserve the area or preserve the
b. Natural park; scenery, the natural and historic objects, wild
animals and plants therein and to provide enjoyment
c. Natural monument; of these features in such areas;

d. Wildlife sanctuary;
6. “Natural monuments” is a relatively small area 3. Powers of the PAMB
focused on protection of small features to protect or SECTION 11. Protected Area Management Board.
preserve nationally significant natural features on – A Protected Area Management Board for each of
account of their special interest or unique the established protected area shall be created and
characteristics; shall be composed of the following: The Regional
Executive Director under whose jurisdiction the
7. “Natural biotic area” is an area set aside to allow protected area is located; one (1) representative
the way of life of societies living in harmony with the from the autonomous regional government, if
environment to adapt to modern technology at their applicable; the Provincial Development Officer; one
pace; (1) representative from the municipal government;
one (1) representative from each barangay covering
8. “Natural park” is a relatively large area not the protected area; one (1) representative from each
materially altered by human activity where tribal community, if applicable; and, at least three
extractive resource uses are not allowed and (3) representatives from non-government
maintained to protect outstanding natural and scenic organizations/local community organizations, and if
areas of national or international significance for necessary, one (1) representative from other
scientific, educational and recreational use; departments or national government agencies
involved in protected area management.
9. “Protected landscapes/seascapes” are areas of
national significance which are characterized by the The Board shall, by a majority vote, decide the
harmonious interaction of man and land while allocations for budget, approve proposals for
providing opportunities for public enjoyment through funding, decide matters relating to planning,
the recreation and tourism within the normal lifestyle peripheral protection and general administration of
and economic activity of these areas; the area in accordance with the general
management strategy. The members of the Board
10. “Resource reserve” is an extensive and relatively shall serve for a term of five (5) years without
isolated and uninhabited area normally with difficult compensation, except for actual and necessary
access designated as such to protect natural traveling and subsistence expenses incurred in the
resources of the area for future use and prevent or performance of their duties. They shall be appointed
contain development activities that could affect the by the Secretary of the DENR as follows:
resource pending the establishment of objectives
which are based upon appropriate knowledge and a. A member who shall be appointed to
planning; represent each local government down to barangay
level whose territory or portion is included in the
11. “Strict nature reserve” is an area possessing protected area. Each appointee shall be the person
some outstanding ecosystem, features and/or designated by the head of such LGU, except for the
species of flora and fauna of national scientific Provincial Development Officer who shall serve ex
importance maintained to protect nature and officio;
maintain processes in an undisturbed state in order
to have ecologically representative examples of the b. A member from non-government
natural environment available for scientific study, organizations who shall be endorsed by heads of
environmental monitoring, education, and for the organizations which are preferably based in the area
maintenance of genetic resources in a dynamic and or which have established and recognized interest in
evolutionary state; protected areas;

12. “Tenured migrant communities” are communities c. The RED/s in the region/s where such
within protected areas which have actually and protected area lies shall sit as ex officio member of
continuously occupied such areas for five (5) years the Board and shall serve as adviser/s in matters
before the designation of the same as protected related to the technical aspect of management of
areas in accordance with this Act and are solely the area; and
dependent therein for subsistence; and
d. The RED shall act as chairman of the Board.
13. “Wildlife sanctuary” comprises an area which When there are two (2) or more REDs in the Board,
assures the natural conditions necessary to protect the Secretary shall designate one (1) of them to be
nationally significant species, groups of species, the Chairman. Vacancies shall be filled in the same
biotic communities or physical features of the manner as the original appointment.
environment where these may require specific
human manipulations for their perpetuation. 4. Requirements for any development or conduct of
activities in protected areas?
 or a portion thereof shall coordinate with the DENR
SECTION 12. Environmental Impact Assessment. in the preparation of its management plans, upon
– Proposals for activities which are outside the scope the effectivity of this Act.
of the management plan for protected areas shall be
subject to an environmental impact assessment as SECTION 16. Integrated Protected Areas Fund. –
required by law before they are adopted, and the There is hereby established a trust fund to be known
results thereof shall be taken into consideration in as Integrated Protected Areas (IPAS) Fund for
the decision-making process. purposes of financing projects of the System. The
IPAS may solicit and receive donations, endowments,
No actual implementation of such activities shall be and grants in the form of contributions, and such
allowed without the required Environmental endowment shall be exempted from income or gift
Compliance Certificate (ECC) under the Philippine taxes and all other taxes, charges or fees imposed
Environmental Impact Assessment (EIA) system. In by the Government or any political subdivision or
instances where such activities are allowed to be instrumentality thereof.
undertaken, the proponent shall plan and carry them
out in such manner as will minimize any adverse All incomes generated from the operation of the
effects and take preventive and remedial action System or management of wild flora and fauna shall
when appropriate. The proponent shall be liable for accrue to the Fund and may be utilized directly by
any damage due to lack of caution or indiscretion. the DENR for the above purpose. These incomes
shall be derived from:
SECTION 13. Ancestral Lands and Rights Over
Them. – Ancestral lands and customary rights and a. Taxes from the permitted sale and export of
interest arising shall be accorded due recognition. flora and fauna and other resources from protected
The DENR shall prescribe rules and regulations to areas;
govern ancestral lands within protected areas:
Provided, that the DENR shall have so power to evict b. Proceeds from lease of multiple use areas;
indigenous communities from their present
occupancy nor resettle them to another area without c. Contributions from industries and facilities
their consent: Provided, however, That all rules and directly benefiting from the protected area; and
regulations, whether adversely affecting said
communities or not, shall be subjected to notice and d. Such other fees and incomes derived from
hearing to be participated in by members of the operation of the protected area. Disbursements
concerned indigenous community. from the Funds shall be made solely for the
protection, maintenance, administration, and
SECTION 14. Survey for Energy Resources. – management of the System, and duly approved
Consistent with the policies declared in Section 2 projects endorsed by the PAMBs, in the amounts
hereof, protected areas, except strict nature reserves authorized by the DENR.
and natural parks, may be subjected to exploration
only for the purpose of gathering information on 5. What are the prohibited activities within the
energy resources and only if such activity is carried protected areas?
out with the least damage to surrounding areas. SECTION 20. Prohibited Acts. – Except as may be
Surveys shall be conducted only in accordance with allowed by the nature of their categories and
a program approved by the DENR, and the result of pursuant to rules and regulations governing the
such surveys shall be made available to the public same, the following acts are prohibited within
and submitted to the President for recommendation protected areas:
to Congress. Any exploitation and utilization of
energy resources found within NIPAS areas shall be a. Hunting, destroying, disturbing, or mere
allowed only through a law passed by Congress. possession of any plants or animals or products
derived therefrom without a permit from the
SECTION 15. Areas Under the Management of Management Board;
Other Departments and Government
Instrumentalities. – Should there be protected areas, b. Dumping of any waste products detrimental
or portions thereof, under the jurisdiction of to the protected area, or to the plants and animals or
government instrumentalities other than the DENR, inhabitants therein;
such jurisdiction shall, prior to the passage of this
Act, remain in the said department or government c. Use of any motorized equipment without a
instrumentality; Provided, That the department or permit from the Management Board;
government instrumentality exercising
administrative jurisdiction over said protected area
d. Mutilating, defacing or destroying objects of Cases- Resident Marine Mammals and PICOP
natural beauty, or objects of interest to cultural Resources.
communities (of scenic value); 1. PICOP Resources vs. Base Metals, G.R. No.
136509, Dec. 6, 2006
e. Damaging and leaving roads and trails in a
damaged condition;

f. Squatting, mineral locating, or otherwise

occupying any land;

g. Constructing or maintaining any kind of A dispute over mining rights in the Philippines arises
structure, fence or enclosures, conducting any when Base Metals Mineral Resources Corporation
business enterprise without a permit; applies for Mineral Production Sharing Agreements,
leading to a legal battle with PICOP Resources, Inc.
h. Leaving in exposed or unsanitary conditions over the violation of the non-impairment clause and
refuse or debris, or depositing in ground or in bodies concession holder rights.
of water; and
Facts:
i. Altering, removing destroying or defacing The case involves a dispute over mining rights in the
boundary marks or signs. Philippines between PICOP Resources, Inc. (PICOP)
and Base Metals Mineral Resources Corp. (Base
SECTION 21. Penalties. – Whoever violates this Metals).
Act or any rules and regulations issued by the PICOP contested the Court of Appeals' decision dated
Department pursuant to this Act or whoever is found November 28, 2003, and its resolution on May 5,
guilty by a competent court of justice of any of the 2004, which denied PICOP's petition for review and
offenses in the preceding section shall be fined in the motion for reconsideration.
amount of not less than Five thousand pesos The dispute originated in 1987 when Central
(P5,000) nor more than Five hundred thousand pesos Mindanao Mining and Development Corporation
(P500,000), exclusive of the value of the thing (CMMCI) entered into a Mines Operating Agreement
damaged or imprisonment for not less than one (1) with Banahaw Mining and Development Corporation
year but not more than six (6) years, or both, as (Banahaw Mining) for the exploration, development,
determined by the court: Provided, that, if the area and commercial operation of CMMCI's 18 mining
requires rehabilitation or restoration as determined claims in Agusan del Sur.
by the court, the offender shall be required to restore Banahaw Mining filed applications for Mining Lease
or compensate for the restoration to the damages: Contracts and was issued a Mines Temporary Permit
Provided, further, that court shall order the eviction in 1988, which was renewed thrice until 1991.
of the offender from the land and the forfeiture in A portion of Banahaw Mining's claims was within
favor of the Government of all minerals, timber or PICOP's logging concession, leading to a
any species collected or removed including all Memorandum of Agreement between PICOP and
equipment, devices and firearms used in connection Banahaw Mining, allowing the latter access to its
therewith, and any construction or improvement mining claims.
made thereon by the offender. If the offender is an In 1991, Banahaw Mining converted its claims to
association or corporation, the president or manager applications for Mineral Production Sharing
shall be directly responsible for the act of his Agreements (MPSA).
employees and laborers: Provided, finally, that the On December 18, 1996, Banahaw Mining sold its
DENR may impose administrative fines and penalties rights to Base Metals, which amended the MPSA
consistent with this Act. applications to substitute itself as the applicant.
PICOP opposed Base Metals' MPSA applications,
arguing that their approval would violate the
constitutional mandate against impairment of
contracts and defeat PICOP's rights.
The Mines Adjudication Board (MAB) and the Court of
Appeals ruled in favor of Base Metals, leading to
PICOP's appeal to the Supreme Court.
Issue:
Is the area covered by Base Metals' MPSA closed to
mining operations except upon PICOP's written
consent pursuant to existing laws, rules, and
regulations and by virtue of the Presidential The Supreme Court declares Service Contract No. 46
Warranty? null and void for violating the Philippine Constitution
Is PICOP's Presidential Warranty protected by the and environmental laws, emphasizing the
non-impairment clause of the Constitution? importance of protecting the environment and
Ruling: adhering to procedural requirements in the
The Supreme Court denied the petition of PICOP exploration and utilization of natural resources.
Resources, Inc. and affirmed the decision of the
Court of Appeals dated November 28, 2003. Facts:
The Court ruled that the area covered by Base The case "Resident Marine Mammals of the Protected
Metals' MPSA is not closed to mining activities by Seascape Tańon Strait v. Reyes" involves two
law. consolidated petitions (G.R. Nos. 180771 and
The Presidential Warranty is not a contract protected 181527) filed under Rule 65 of the 1997 Rules of
by the non-impairment clause of the 1987 Court.
Constitution. These petitions challenge the legality of Service
Ratio: Contract No. 46 (SC-46), which allowed the
The Supreme Court held that the area covered by exploration, development, and exploitation of
Base Metals' MPSA is not closed to mining activities. petroleum resources within the Tańon Strait, a
The Court analyzed the relevant laws, including the protected seascape between Negros and Cebu.
Philippine Mining Act of 1995 (RA 7942), and Petitioners in G.R. No. 180771 are the "Resident
concluded that mining operations are permissible in Marine Mammals" represented by Gloria Estenzo
forest lands subject to existing rights and Ramos and Rose-Liza Eisma-Osorio as their legal
reservations. guardians. They seek to nullify SC-46 for violating
The area status clearances obtained by Base Metals the 1987 Constitution and various environmental
indicated that the area is within timberland, laws.
unclassified public forest, and alienable and Petitioners in G.R. No. 181527 are the Central
disposable land. Visayas Fisherfolk Development Center (FIDEC) and
PICOP failed to present evidence that the area is a individual fisherfolk, who also seek to nullify the
protected wilderness area designated as an initial Environmental Compliance Certificate (ECC) issued
component of the National Integrated Protected for SC-46 and to compel public respondents to
Areas System (NIPAS) pursuant to a law, presidential provide access to pertinent documents.
decree, presidential proclamation, or executive Respondents include government officials such as
order. the late Secretary Angelo Reyes of the Department
The Court ruled that the Presidential Warranty is not of Energy (DOE), Secretary Jose L. Atienza of the
a contract within the purview of the non-impairment Department of Environment and Natural Resources
clause. (DENR), and others, as well as Japan Petroleum
The warranty merely reassures PICOP of the Exploration Co., Ltd. (JAPEX) and its alleged
government's commitment to uphold the terms of its Philippine agent, Supply Oilfield Services, Inc. (SOS).
timber license and guarantees peaceful and The Government of the Philippines, through the DOE,
adequate possession and enjoyment of the entered into a Geophysical Survey and Exploration
concession areas. Contract-102 (GSEC-102) with JAPEX on June 13,
Timber licenses are not contracts but privileges that 2002, which was later converted into SC-46 on
can be revoked or rescinded by executive action in December 21, 2004.
the interest of public welfare. JAPEX conducted seismic surveys and drilling
The reinstatement of Base Metals' MPSA does not activities in the Tańon Strait, declared a protected
automatically result in its approval, as Base Metals seascape in 1998.
still has to comply with the requirements outlined in Petitioners allege these activities caused significant
the relevant administrative orders. ecological damage and violated procedural
requirements for environmental protection.
2. Resident Marine Mammals of the Protected The lower courts did not resolve the issues, leading
Seascape Tanon Strait vs. Reyes, G.R. No. 180771, to the filing of these petitions before the Supreme
Apr. 21, 2015 Court.
Issue:
Do the petitioners have legal standing (locus standi)
to file the petitions?
Is Service Contract No. 46 (SC-46) violative of the
1987 Philippine Constitution and other relevant laws?
Does the issuance of the Environmental Compliance
Certificate (ECC) for SC-46 conform to legal and
procedural requirements?
Can the respondents be compelled by mandamus to
furnish petitioners with copies of documents
pertaining to the Tańon Strait Oil Exploration Project?
Ruling:
The Supreme Court ruled that the Stewards (Ramos
and Eisma-Osorio) have legal standing to file the
petition on behalf of the Resident Marine Mammals.
Service Contract No. 46 (SC-46) is declared null and
void for violating the 1987 Constitution, Republic Act
No. 7586 (NIPAS Act), and Presidential Decree No.
1586.
The issuance of the Environmental Compliance
Certificate (ECC) for SC-46 did not conform to legal
and procedural requirements.
The respondents may be compelled by mandamus to
furnish petitioners with copies of documents
pertaining to the Tańon Strait Oil Exploration Project.
Ratio:
Locus Standi:

The Court recognized the Stewards' legal standing

based on the liberalized approach to environmental
cases, allowing any Filipino citizen to file an action to
enforce environmental laws.
The Court emphasized that the Stewards have shown
possible violations of laws concerning the habitat of
the Resident Marine Mammals, thus granting them
the right to file the petition.
Legality of SC-46:

The Court found SC-46 null and void for non-

compliance with the 1987 Constitution, which
requires that the President himself enter into any
service contract for the exploration of petroleum.
SC-46 was signed only by the DOE Secretary, and
there was no evidence that Congress was notified of
the contract.
Additionally, the Court held that Presidential Decree
No. 87, which governs oil exploration, remains valid
but must be harmonized with the 1987 Constitution
and other environmental laws.
Environmental Compliance Certificate (ECC):

The Court ruled that the ECC issued for SC-46 was
invalid as it did not comply with the procedural and
substantive requirements under the Environmental
Impact Assessment (EIA) system.
The seismic surveys conducted by JAPEX were done
without an ECC, violating the NIPAS Act and
Presidential Decree No. 1586.
Mandamus:

The Court held that the respondents could be

compelled by mandamus to provide petitioners with
copies of documents related to the Tańon Strait Oil
Exploration Project, as transparency and access to
information are essential for environmental
protection and public participation.