Notes On Denr Laws
Notes On Denr Laws
Notes On Denr Laws
Section 20. LICENSE AGREEMENT, LICENSE, LEASE or PERMIT. - No Section 89 (as amended by EO 277 and renumbered by RA 7161).
person may Utilize, Exploit, Occupy, Possess or Conduct any activity CUTTING, GATHERING and/or COLLECTING TIMBER, or other forest
within any forest land, or Establish and operate any wood-processing products WITHOUT ANY LICENSE.
plant, unless he has been authorized to do so under a license Any person who shall CUT, GATHER, COLLECT, REMOVE TIMBER OR
agreement, lease, license or permit. OTHER FOREST PRODUCTS FROM ANY FOREST LAND, or TIMBER FROM
ALIENABLE OR DISPOSABLE PUBLIC LAND, or from PRIVATE LAND,
Section 38. CONTROL OF CONCESSION AREA. - In order to achieve the WITHOUT ANY AUTHORITY, or POSSESS TIMBER OR OTHER FOREST
effective protection of the forest lands and the resources thereof from PRODUCTS WITHOUT THE LEGAL DOCUMENTS as required under
illegal entry, unlawful occupation, kaingin, fire, insect infestation, existing forest laws and regulations, shall be punished with the
penalties imposed under Articles 309 and 310 of the RPC: Provided, Section 16. PERMITS. - Consistent with the provisions of this Act, the
that in the case of partnerships, associations, or corporations, the Department shall have the authority to issue permits as it may
officers who ordered the cutting, gathering, collection or possession determine necessary for the prevention and abatement of air
shall be liable, and if such officers are aliens, they shall, in addition to pollution.
the penalty, be deported without further proceedings on the part of
the Commission on Immigration and Deportation. Said permits shall cover emission limitations for the regulated air
pollutants to help and maintain the ambient air quality standards.
The court shall further order the CONFISCATION in favor of the These permits shall serve as management tools for the LGUs in the
government of the TIMBER or ANY FOREST PRODUCTS CUT, development of their action plan.
GATHERED, COLLECTED, REMOVED, or POSSESSED as well as the
MACHINERY, IMPLEMENT, TOOLS and EQUIPMENT (MITE) ILLEGALLY Section 20. BAN ON INCINERATION. - Incineration, hereby defined as
USED in the area where the timber or forest products are found . the burning of Municipal, Bio-medical and Hazardous wastes, which
process emits poisonous and toxic fumes, is hereby prohibited:
Section 89-A. ADMINISTRATIVE AUTHORITY OF THE DEPARTMENT Provided, however, that the prohibition shall not apply to traditional
HEAD OR HIS DULY AUTHORIZED REPRESENTATIVE TO ORDER small-scale method of community/neighborhood sanitation “siga”,
CONFISCATION. - In all cases of violations of this Code or other forest traditional, agricultural, health, and food preparation and
laws, rules and regulations, the Department Head or his duly crematoria: Provided, further, that existing incinerators dealing with
authorized representative, may order the CONFISCATION of: bio-medical wastes shall be phased out within 3 years after the
a. Any forest products illegally cut, gathered, removed, or effectivity of this Act: Provided, finally, that in the interim, such units
possessed or abandoned; and shall be limited to the burning of pathological and infectious wastes,
b. All CONVEYANCES used either by land, water or air in the and subject to close monitoring by the Department.
commission of the offense;
and to dispose of the same in accordance with pertinent laws, LGUs are hereby mandated to promote, encourage and implement in
regulations or policies on the matter. their respective jurisdiction a comprehensive ecological waste
management that includes waste segregation, recycling and
Section 89-B. REWARDS TO INFORMANTS. - Any person who shall composting.
provide any information leading to the apprehension and conviction of
any offender for any violation of this Code or other forest laws, rules With due concern on the effects of climate change, the department
and regulations, or confiscation of forest products shall be given a shall promote the use of state-of-the-art, environmentally-sound and
reward in the amount of 20% of the PROCEEDS of the confiscated safe non-burn technologies for the handling, treatment, thermal
forest products. destruction, utilization, and disposal of sorted, unrecycled,
uncomposted municipal bio-medical and hazardous wastes.
Section 80 (PD 705). ARREST; INSTITUTION OF CRIMINAL ACTION. - A
forest officer or employee of the Bureau shall arrest even without a Section 22. REGULATION OF ALL MOTOR VEHICLES AND ENGINES. –
warrant any person who has committed or is committing IN HIS Any imported new or locally-assembled new motor vehicle shall not
PRESENCE any of the offenses defined in this Chapter. He shall also be registered unless it complies with the emission standards set
SEIZE and CONFISCATE, in favor of the Government, the tools and pursuant to the Clean Air Act, as evidenced by a CERTIFICATE OF
equipment used in committing the offense, and the forest products CONFORMITY issued by the Department.
cut, gathered or taken by the offender in the process of committing
the offense. Any imported new motor vehicle engine shall not be introduced into
The arresting officer or employee shall thereafter DELIVER commerce, sold or used unless it complies with emission standards
WITHIN 6 HOURS from the time of arrest and seizure, the set pursuant to this act.
offender and the confiscated forest products, tools and
equipment to, and file the proper complaint with, the Any imported USED motor vehicle or REBUILT motor vehicle using
appropriate official designated by law to conduct preliminary new or used engines, major parts or components shall not be
investigations and file informations in court. registered unless it complies with the emission standards set pursuant
to this Act.
If the arrest and seizure are made in the FOREST, far from the
authorities designated by law to conduct preliminary investigations, In case of NON-COMPLIANCE, the importer or consignee may be
the delivery to, and filing of the complaint with, the latter shall be allowed to modify or rebuild the vehicle or engine so that it will be in
done WITHIN A REASONABLE TIME SUFFICIENT FOR ORDINARY compliance with applicable emission standards.
TRAVEL from the place of arrest to the place of delivery. The seized
products, materials and equipment shall be immediately disposed of in No motor vehicle registration shall be issued unless such motor vehicle
accordance with forestry administrative orders promulgated by the passes the emission testing requirement. Such testing shall be
Department Head. conducted by the DOTC or its authorized inspection centers within 60
days prior to date of registration.
The Department Head may deputize any member of the xxx police
agency, barangay or barrio official, or any qualified person to protect Section 23. SECOND-HAND MOTOR VEHICLE ENGINES. – Any
the forest and exercise the power or authority provided for in the IMPORTED second-hand motor vehicle engine shall not be introduced
preceding paragraph. into commerce, sold or used unless it complies with the emission
standards set pursuant to this Act.
REPORTS AND COMPLAINTS regarding the commission of any of the
offenses defined in this Chapter, NOT COMMITTED IN THE PRESENCE Section 24. POLLUTION FROM SMOKING. – Smoking inside a:
OF ANY FOREST OFFICER OR EMPLOYEE, or any of the deputized a. Public building or
officers or officials, shall immediately be investigated by the forest b. Enclosed public space including public vehicles and other
officer assigned in the area where the offense was allegedly means of transport or
committed, who shall thereupon receive the evidence supporting the c. Enclosed area outside of one’s private residence, private
report or complaint. place of work or any duly designated smoking area
Is prohibited under this Act.
If there is prima facie evidence to support the complaint or report,
the investigating forest officer shall file the necessary complaint with This provision shall be implemented by the LGU.
the appropriate official authorized by law to conduct a preliminary
investigation of criminal cases and file an information in Court. Section 27. REGULATION OF FUELS AND FUEL ADDITIVES. – The DOE,
in coordination with the Department and the BPS, shall regulate the
use of any fuel or fuel additive. No manufacturer, processor or trader
RA 8749 - CLEAN AIR ACT notes of any fuel or additive may import, sell, offer for sale, or introduce into
commerce such fuel or additive unless the same has been registered
with the DOE.
Prior to registration, the manufacturer, processor or trader shall RA 9275 - CLEAN WATER ACT
provide the DOE with the following information: DRIP
a. Description of analytical technique that can be used to Section 27. PROHIBITED ACTS. – The following acts are hereby
detect and measure the additive in fuel; prohibited:
b. Recommended range of concentration and a. Discharging, depositing or causing to be deposited material
c. Product Identity and composition of kind into the water bodies or along the margins of any
d. Purpose in the use of fuel or additive. surface water, where, the same shall be liable to be washed
into such surface water, which could cause water pollution
Section 28. MISFUELLING. – In order to prevent the disabling of any or impede natural flow in the water body
emission control device by lead contamination, no person shall b. Discharging, injecting or allowing to seep into the soil or sub-
INTRODUCE or CAUSE or ALLOW THE INTRODUCTION of leaded soil any substance in any form that would pollute
gasoline into any motor vehicle equipped with a gasoline tank filler groundwater.
inlet and labeled “unleaded gasoline only.” This prohibition applies to c. Operating facilities that discharge regulated water pollutants
any person who knows or should know that such vehicle is designed without valid permits or after the permit was revoked for
solely for the use of unleaded gasoline. any violation of any conditions therein
d. Disposal of potentially infectious medical waste into sea
Section 41. CITIZEN SUITS. – For purposes of enforcing the provisions water by vessels unless the health or safety of individuals on
of this Act or its implementing rules and regulations, any citizen may board the vessel is threatened by a great and imminent
file an appropriate civil, criminal or administrative action in the proper peril
courts against: e. Unauthorized transport or dumping into sea waters of
a. Any person who violates or fails to comply with the sewage sludge or solid waste
provisions of this Act or its IRR; f. Transport, dumping or discharge of prohibited chemicals,
b. The Department or other implementing agencies with substances or pollutants
respect to orders, rules and regulations issued inconsistent g. Operate facilities that discharge or allow to seep, willfully or
with this Act; and/or thru gross negligence, prohibited chemicals, substances or
c. Any public officer who willfully or grossly neglects the pollutants into water bodies or wherein the same shall be
performance of an act specifically enjoined as a duty by this liable to be washed into such surface, ground, coastal, and
Act or its implementing rules and regulations; or abuses his marine water
authority in the performance of his duty; or, in any manner, h. Undertaking activities or development and expansion of
improperly performs his duties under this Act or its IRR; projects, or operating wastewater/sewerage facilities in
Provided, however, that no suit can be filed until (1) after violation of PD 1586 and its implementing IRRs
30-day notice has been given to the public officer and the i. Discharging regulated water pollutants without the valid
alleged violator concerned and (2) no appropriate action required discharge permit or after the permit was revoked
has been taken thereon. j. Refusal to allow entry, inspection and monitoring by the
Department
Section 43. Suits and STRATEGIC LEGAL ACTIONS AGAINST PUBLIC k. Refusal to allow access by the department to relevant
PARTICIPATION and the ENFORCEMENT OF THIS ACT. – Where a suit reports and records
is brought against a person who filed an action as provided in Sec. 41, l. Refusal or failure to submit reports whenever required by
or against any person, institution or government agency that Department
implements this Act, it shall be the duty of the INVESTIGATING m. Refusal or failure to designate pollution control officers
PROSECUTOR or THE COURT, as the case may be, to immediately whenever required by the Department
make a DETERMINATION NOT EXCEEDING 30 DAYS whether the said n. Directly using BOOSTER PUMPS in the distribution system or
legal action has been filed to Harass, Exert undue pressure , Vex, or tampering with the water supply in such a way as to alter or
Stifle such legal recourses of the person complaining of or enforcing impair the water quality.
the provisions of this Act. Upon determination thereof, evidence
warranting the same, the court shall dismiss the case and award The Secretary, upon recommendation of the PAB, may order
attorney’s fees and double damages. the closure, suspension of development or construction, or
cessation of operations or, where appropriate disconnection
This provision shall also apply and benefit public officers who are sued of water supply, until such time that proper environmental
for acts committed in their official capacity, there being no grave safeguards are put in place and/or compliance with this Act
abuse of authority, and done in the course of enforcing this Act. or its IRRs. This paragraph shall be without prejudice to the
issuance of an EX PARTE ORDER for closure, suspension of
Section 48. GROSS VIOLATIONS. – In case of gross violation of this Act development or construction, or cessation of operations
or its IRR, the PAB shall recommend to the PROPER GOVERNMENT during the pendency of the case.
AGENCIES to file the appropriate CRIMINAL CHARGES against the
violators. The PAB shall assist the public prosecutor in the litigation of Failure to undertake clean-up operations, willfully, or thru
the case. gross negligence, shall be punished by imprisonment of not
less than 2 years and not more than 4 years and a fine of not
GROSS VIOLATION shall mean: 33BIG less than 50k and not more than 100k per each day of
a. 3 or more specific offenses within a period of 1 year; or violation.
b. 3 or more specific offenses within 3 consecutive years;
c. Blatant disregard of PAB’s orders, such as but not limited to Such failure or refusal which results in serious injury or loss
o Breaking of seal, padlocks and other similar of life and/or irreversible water contamination of surface,
devices; or ground, coastal and marine water shall be punished with
o Operating despite the existence of an order for imprisonment of not less than 6 years and 1 day and not
closure, discontinuance or cessation of operation; more than 12 years, and a fine of 500k per day for each day
and during which the omission and/or contamination continues.
d. Irreparable or grave damage to the environment as a
consequence of any violation or omission of the provisions In case of GROSS VIOLATION, the PAB shall issue a
of this act. resolution recommending that the proper government
agencies file criminal charges against the violators.
Offenders shall be punished with imprisonment of not less than 6
years but not more than 10 years at the discretion of the court. If the GROSS VIOLATION shall mean any of the following:
offender is a juridical person, the president, manager, directors, a. Deliberate discharge of toxic pollutants in toxic
trustees, the pollution control officer or the officials directly in charge amounts
of the operations shall suffer the penalty herein provided. b. 5 or more violations within a period of 2 years
c. Blatant disregard of PAB’s orders
AGENCIES OF THE GOVERNMENT that use chain saws in some aspects
Penalty: fine of not less than 500k but not more than 3M per of their functions MUST SECURE THE NECESSARY PERMIT from the
day for each day of violation or imprisonment of not less Department before operating the same.
than 6 years but not more than 10 years, or both, at the
discretion of the court. Every PERMIT TO POSSESS AND/OR USE CHAINSAW for legitimate
purpose shall be VALID FOR 2 YEARS upon issuance; provided, that
permits to possess and use chainsaw issued to NON-COMMERCIAL
RA 9003 – SOLID WASTE MANAGEMENT ACT ORCHARD AND FRUIT TREE FARMERS shall be VALID FOR A PERIOD
OF 5 YEARS upon issuance.
Section 48. PROHIBITED ACTS. – The following acts are prohibited:
1. Littering, throwing, dumping of waste matters in public Punishable Acts:
places, such as roads, sidewalks, canals, esteros or parks, 1. Selling, purchasing, reselling, transferring, distributing, or
and establishment, or causing or permitting the same possessing a chainsaw without securing proper permit from
2. Undertaking activities or operating, collecting or DENR
transporting equipment in violation of sanitation operation 2. Unlawful importation or manufacture of chainsaw without
and other requirements or permits prior authorization from DENR
3. Open burning of solid waste 3. Defacing or tampering of engine serial number
4. Causing or permitting the collection of non-segregated or 4. Possession and use of chainsaw to cut trees and timber in
unsorted wastes forest land except as authorized by the DENR
5. Squatting in open dumps and landfills
6. Open dumping, burying of biodegradable or non- Chainsaw confiscated under any of the situations mentioned
biodegradable materials in flood-prone areas above shall be sold at a public auction to qualified buyers.
7. Unauthorized removal of recyclable material intended for Proceeds thereof shall go to DENR.
collection by authorized persons
8. Mixing of source-separated recyclable material with other
solid waste in any vehicle, box, container or receptacle used RA 9147 – CONSERVATION AND PROTECTION OF WILDLIFE
in solid waste collection or disposal RESOURCES ACT
9. Establishment or operation of open dumps, or closure of
said dumps in violation of sec. 37 WILDLIFE – wild forms and varieties of flora and fauna, in all
10. Manufacture, distribution or use of non-environmentally developmental stages, including those which are in captivity or are
acceptable materials being bred or propagated.
11. Importation of consumer products packaged in non-
environmentally acceptable materials BY-PRODUCT OR DERIVATIVES – any part taken or substance
12. Importation of toxic wastes misrepresented as recyclable or extracted from wildlife, in raw or in processed form. This includes
with recyclable content stuffed animals and herbarium specimens.
13. Transport and dumping in bulk of collected domestic,
industrial, commercial, and institutional wastes in areas NOTE: Financial and Technical Capability to maintain wildlife.
other than centers or facilities prescribed under this act o Use term in relation to collection or possession of wildlife or any
14. Site preparation, construction, expansion or operation of of its by-products and derivatives.
waste management facilities without an Environmental
Compliance Certificate o No EXOTIC SPECIES shall be introduced into the country unless a
15. Construction of any establishment within 200 meters from CLEARANCE from the SECRETARY or the authorized representative is
open dumps or controlled dumps, or sanitary landfill first obtained.
16. Construction or operation of landfills or any waste disposal o If allowed, it shall be subject to ENVIRONMENTAL
facility on any aquifer, groundwater reservoir, or watershed, IMPACT STUDY.
and or any portions thereof o Proponent is required to secure the prior informed
consent from local stakeholders.
RA 9175 – CHAINSAW ACT Section 27. ILLEGAL ACTS. – Unless otherwise allowed in accordance
with this Act, it shall be unlawful for any person to willfully and
Chainsaw – any portable power saw or similar cutting implement, knowingly EXPLOIT WILDLIFE RESOURCES and their habitats, or
rendered operative by an electric or internal combustion engine or undertake the following acts:
similar means, that may be used for, but is not limited to, the FELLING a. Killing and destroying wildlife species, except in the following
OF TREES or the CUTTING OF TIMBER. instances: PARN
i. To Prevent imminent danger to life or limb of
Persons authorized to Manufacture, Import and Sell Chainsaws. – human being; and
Chain saws shall be sold and/or imported only by manufacturers, ii. Wildlife is killed or destroyed after it has been used
dealers and/or private owners who are DULY AUTHORIZED BY THE in Authorized research or experiments
DEPARTMENT. iii. Done as part of Religious rituals of established
tribal groups or indigenous cultural communities
Persons Authorized to Possess and Use Chainsaw – The Department iv. Deemed Necessary to put an end to the misery
is authorized to issue permits to possess and/or use a chain saw for suffered by the wildlife
the felling and/or cutting of trees, timber and other forest or agro-
forest products to any APPLICANT who: SOLL b. Inflicting injury which cripples and/or impairs the
1. Has a Subsisting: reproductive system of wildlife species
a. timber license agreement,
b. production sharing agreement, or similar c. Effecting any of the following acts in critical habitats:
agreements, or i. Dumping of waste products detrimental to wildlife
c. a private land timber permit ii. Squatting or otherwise occupying any portion of
the critical habitat
2. is an Orchard and fruit tree farmer iii. Mineral exploration and/or extraction
3. is a Licensed wood processor and the chainsaw shall be used iv. Burning
for the cutting of timber that has been legally sold to said v. Logging
applicant; or vi. Quarrying
4. shall use the chain saw for a Legal purpose
d. Introduction, reintroduction or restocking of wildlife
resources
e. Trading wildlife
f. Collecting, hunting or possessing wildlife, their by-products
and derivatives
g. Gathering or destroying of active nests, nest trees, host
plants and the like
h. Maltreating and/or inflicting other injuries not covered by
the preceding paragraph; and
i. Transporting of wildlife