Chapter IX : Philippine Fisheries Code of 1998

RA 8550 as amended by RA 10654

RA 8550: The Philippine Fisheries Code of 1998

- enacted on February 17, 1998.
- An act providing for the development and conservation of the fisheries and aquatic
resources and integrating all laws pertinent thereto.
RA 10654: An Act to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing,
Amending RA 8550.
- enacted on February 27. 2015
- Repeals Chapter VI of RA 8550 and replaced it with Chapter VI on Prohibitions &
Penalties.
- Chapter VII on Administrative Adjudication is inserted – empower DENR to impose
administrative fines and penalties.

Department of Agriculture shall issue such number of licenses and permits for the conduct of fishery
activities. Preference shall be given to resource users in the local communities adjacent or nearest to
the municipal waters.
 Catch-ceiling limitation - May prescribe limitations or quota on the total quantity of fish
capture upon concurrence of LGU and Fisheries and Aquatic Resources Management
Councils (FARMC)
 Establishment of closed season – Sec of DA may declare through public notice in at least
2 newspaper of general circulation at least 5 days before declaration for conservation
and ecological purposes.

Bureau of Fisheries and Aquatic Resources – under the DA, with function to carry out effectively the
provisions of the Fisheries Code.

Municipal Fisheries
Jurisdiction of municipal/city governments
- Municipal/City government shall have jurisdiction over the municipal waters.
- Shall be responsible for the management, conservation, development, protection,
utilization and disposition of all fish and aquatic resources within their respective
municipal waters.
- May enact appropriate ordinances to be reviewed by the sanggunian of the province
- LGU shall enforce all fishery laws, rules and regulations as well as valid fishery
ordinances enacted by the municipal/city council.
- Bays shall be managed in an integrated manner and not based on political subdivisions.
LGUS which share border may coordinate with each other to achieve the purpose of the
law
- FARMCs established under Sec 76 of this Code shall serve as the venue for close
collaboration of LGUs in the management of bays or contiguous resources.

Grant of fishing privileges in municipal waters

- GR: Duly registered fisherfolk/orgs/cooperatives shall have preference in the grant of
fishery rights (sec 149 of LGC)
 - XPN: In areas where there are special agencies or offices such as LLDA and Palawan
Council for Sustainable Development (shall continue to grant permits)

Laguna Lake Development Authority : (RA 4850 created the LLDDA dated July 18, 1966)
- Empowers LLDA to have exclusive jurisdiction to issue permits for the enjoyment of
fishery privileges in Laguna de Bay.
- Laguna De Bay Regions
o provinces of Rizal and Laguna
o cities of San Pablo, Pasay, Caloocan, Quezon, Manila and Tagaytay.
o Towns of Tanauan, Sto. Tomas and Malvar in Batangas. Towns of Silang and
Carmona in Cavite. Town of Lucban in Quezon Province. Towns of Marikina,
Pasig, Taguig, Muntinlupa and Pateros in Metro Manila.

Users of municipal waters

- GR: All fishery related activities in municipal water shall be utilized by municipal
fisherfolk and their cooperatives and organizations listed in the registry.
- XPN: Local chief executive through an ordinance may authorize or permit small and
medium commercial fishing vessels to operate within 10.1 – 15 km area from the
shoreline and the ff are met:
o no commercial fishing with depth less than seven fathom
o fishing activities utilizing methods consistent with national policies set by DA
o prior consultation through public hearing with M/CFARMc has been conducted
o applicant vessel have been certified as not having violated the code.
- No authorization or permit shall be issued during closed season (sec 9 of this Code)

Registry of Munical Fisherfolk – LGU shall maintain a registry of municipal fisherfolk for the purpose
of determining priorities or limiting entry and monitoring fishing activities. FARMC shall submit to
the LGU the list of priorities for its consideration.

Priority of resident municipal fisherfolk – resident municipal fisherfolk shall have priority to exploit
municipal and demarcated fishery areas of the said municipality. LGU shall prohibit or limit fishery
when overfished or in danger of being overfished.

Preferential right of subsistence or marginal fisherman to the use of water resources not absolute.
Marginal fisherman - engaged in fishing whose margin of return or reward in his harvest of fish is
barely sufficient to yield a profit or cover the cost of gathering fish.
Subsistence fisherman – whose catch yields but the irreducible minimum for his livelihood.
Sec 2 of Art XII – does not bestow any right to subsistence fishermen but the duty of the State to
protect nation’s marine wealth and the state may allow cooperative fish farming w/ priority to
subsistence fishermen.
Sec 7 of Art XIII – speaks of use of communal marine and fishing resources and its protection,
development and conservation.

Commercial Fisheries
Commercial fishing vessel license and other licenses
- GR: License needs to be secured from DA before operating a commercial fishing
vessel, pearl fishing vessel or engage in any fishery activity. (period determined
by DA)
 - XPN: Fishing vessels engaged in scientific, research or educational purposes
within the Philippine waters pursuant to an international agreement where
Philippines is a signatory.
- All skippers/master fishers are required to take an orientation training on
detection of fish caught by illegal means before issuance of fishworkers licenses.
- Large commercial fishing vessels license allows to operate only in Philippine
waters
o 7 or more fathoms deep
o Depth to be certified by NAMRIA
o Subject to the conditions promulgated by the DA.

Persons eligible for commercial fishing vessel license

- Citizens of the Philippines, associations and cooperatives or corps registered in
the Philippines at least 60% of the capital stock is owned by Filipino citizens.
- Must secure a certificate of Philippine registry and other documents necessary
for fishing operations (period to be determined by DA)
o Any transfer, sale or assignment shall be null and void.

Fishing by Philippine commercial fishing fleet in international water

- Fishing vessels of Philippine registry may operate in international waters if they
o should comply with the safety, manning and other requirements of PCG,
Maritime Industry Authority and other agencies.
o Secure an international fishing permit and certificate clearance from the
DA.
- The fish caught by such vessels shall be considered as caught in the Philippine
waters and not subject to import duties and taxes except when landed in
Philippine ports.

Aquaculture
Disposition and public lands for fishery purposes
- Public lands (tidal swamps, mangroves, marshes, ponds) suitable for fishery
operations shall not be disposed or alienated.
- Fishpond Lease Agreements – may be issued to public lands
o upon expiration : current lessees entitled to extension of 25 years
o Thereafter, such FLAs may be granted to any Filipino citizen with
preference to qualified fisherfolk and small and medium enterprise under
RA 8289
- The DA shall declare a reservation portions of available public lands as fish
sanctuary
- No fish pern or fish cages or fish traps shall be allowed in lakes.

Lease of fishponds
- Fishponds leased to qualified persons shall be subject to the ff conditions:
o No more than 50 hectares for individuals; 250 hectares for corps/orgs
o Lease shall be for period of 25 years, renewable for another 25 years. In
case of death, spouse and children shall have preemptive right to FLA
 o Lease rates determined by DA. All fees collected remitted to National
Fisheries Research and Development Institute for aquaculture research
o Area leased shall be developed within 3 years from approval of lease
contract. Areas not fully producing within 5 years shall revert to public
domain for deforestation.
o Fishpond shall not be subleased in whole or part, will result to FLA
cancellation
o Written approval of DA needed for transfer or assignment of rights to
FLA.
o Lessee shall undertake reforestation
o Lessee shall provide facilities that will minimize environmental
pollution, failure to comply shall result to FLA cancellation.

Code of practice for aquaculture – established by DA

Reversion of all abandoned, undeveloped or underutilized fishponds – DENR will
determine which abandoned underdeveloped or underutilized fishponds covered by FLAs
can be reverted to their original mangrove state.
Absentee fishpond lease agreement holders - Holders who acquired citizenship during
existence of FLA: automatic cancellation
Not more than 10% of suitable water surface or lakes and rivers shall be allotted for
aquaculture purposes like fish pens, fish cages and fish traps

Fishery Reserves, Refuge and Sanctuaries

25. Fishing areas reserved for exclusive use of government

 The DA may designate areas in Philippine waters beyond 15 KM from the shoreline as fishery
reservation for the exclusive use of the government FOR propagation, educational, research
and scientific purposes
 LGU may recommend to the Da that a portion of municipal waters be declared as fishery
reserves for special or limited use or for educational, research or special management
purposes.
26. Fish refuge and Sanctuaries

 The DA may establish fish refuge and sanctuaries to be administered in the manner
prescribed by the BFAR and set aside areas for the cultivation of mangroves to strengthen
the habitat and the spawning grounds of fish
 No commercial fishing shall be allowed within these areas
 LGUs may establish fishery refuge and sanctuaries in municipal areas.

Prohibitions and Penalties

Serious Violations

1. Fishing without a valid license, authorization or permit

2. Fishing without reporting the catch or misreporting the catch
 3. Fishing in a closed area or during a closed season
4. Fishing of Prohibited Species
5. Fishing with the use of prohibited gear or methods
6. Falsifying concealing or tampering with vessel markings identity or registration to conceal
vessel identity or lack of registration
7. Concealing, tampering or disposing of evidence relating to an investigation of a violation
8. Assaulting, resisting, intimidating, harassing or seriously interfering with or duly obstructing
or delaying a fisheries law enforcer, authorized inspector or observer or other duly
authorized government officer
9. Intentionally tampering with or disabling the vessel monitoring system
10. Committing multiple violations which taken together constitute a serious disregard of this
code

27. Unauthorized Fishing

 It shall be unlawful for any person to capture or gather or cause to capture or gather or to
cause the capture or gathering of fish fry or fingerlings or fishery products without license or
permit from the department or LGU
 It shall be unlawful for any commercial fishing vessel to fish in municipal waters EXCEPT
under the cases specified under the code
 It shall be unlawful for any person not listed in the REGISTRY OF MUNICIPAL FISHERFOLK to
engage in any commercial fishing activity in MUNICIPAL WATERS
 Discovery of any person in possession of fishing gear or operating a fishing vessel in a fishing
area where he HAS NO LICENSE OR PERMIT shall constitute a prima facie presumption that
the person is engaged in UNAUTHORIZED fishing (XPN: Fishing for daily food sustenance or
for leisure, not for commercial purposes)
 Seizure of items used in illegal fishing considered an incident to a lawful arrest. The seizure
of fishing paraphernalia has been made as being an INCIDENT to a lawful arrest. The
prosecution and not the court could still be deemed to be in the legal custody of these
seized items until the seized items are offered in evidence, as such, the court cannot order
their release to its “alleged owners” (Senson v Pangilinan)

28. Engaged in unauthorized fisheries activities

 It shall be unlawful for any person to exploit, occupy, produce, breed or culture fish fry or
fingerlings of any fishery species or fishery products or construct and operate fish corrals,
fish traps, fish pens and fish cages or fish ponds WITHOUT A LICENSE, LEASE or PERMIT. If
discovered engaging in any of the above activities without a permit, it shall constitute a
prima facie presumption that the person is engaged in an unauthorized fisheries activity.
29. Failing to secure fishing permit prior to engaging in distant water fishing

 It shall be unlawful for any person to fish in the high seas, in the territorial seas,
archipelagic waters and EEZ of other states using a Philippine flagged fishing vessel
without first securing a permit from the DA and authorization from the coastal state.
 Discovery of any person in possession of fishing gear or operating a vessel in the above-
mentioned areas without a permit constitutes a prima facie presumption that the person is
in violation.

30. Unreported fishing

  Each commercial fishing vessel shall keep a daily record of fish catch and spoilage, landing
points and quantity and value of fish caught and off loaded for trans-shipment, sale or other
disposal. Information shall be transmitted to BFAR based on the period prescribed by the
IRR. Failure to comply shall result to administrative and penal sanctions
31. Unregulated fishing

 It shall be unlawful for any person to engage in unregulated fishing in waters within and
beyond national jurisdiction
32. Poaching in Philippine waters.

 The entry of foreign fishing vessel in Philippine waters shall constitute a prima facie
presumption that the vessel is engaged in fishing in Philippine waters.
 It shall be unlawful for any foreign person, corporation or entity to fish or operate any
fishing vessel in PH waters.
33. Fishing through explosives, noxious or poisonous substance or electricity

 It shall be unlawful for any person to catch take or gather or cause to be caught, taken or
gathered fish or any fishery species in the Philippine waters with the use of explosives,
noxious or poisonous substance such as sodium cyanide, which will kill, stupefy, disable or
render unconscious fish or fishery species
 The discovery of dynamite, other explosives and chemical compounds which contain
combustible elements or noxious poisonous substances or equipment or device for
electrofishing shall constitute a prima facie presumption that any of these devices was used
for fishing in violation of the code
 The discovery of any fishing vessel of fish caught or killed with the use of explosives, noxious
or poisonous substances or electricity shall constitute a prima facie presumption that the
fisherfolk, operator or fish worker is fishing with the use thereof.
34. Conversion of mangrove forests to fishponds or any other purpose unlawful

 It is unlawful for any person to convert mangroves into fishponds or for any other purposes
 For an offense of conversion of mangrove forest to exist, the following elements must
concur: first, the site of the fishpond is a mangrove, second, there was a conversion of the
mangrove area into a fishpond, and third, the appellant made the conversion.

Administrative Adjudication

 The DA is hereby empowered to impose the administrative fines and penalties provided in
the Code.
 Adjudication committee w is composed of the bureau director as chairperson and four other
members to be designated by the Secretary.
 The Adjudication committee shall be supported by sufficient number of staff to enable it to
perform its mandate.
 The committee shall promulgate rules n ad regulations for the conduct of administrative
adjudication and the disposition of confiscated catch, gears, equipment and other
paraphernalia. It shall also be able to issue subpoena duces tecum and ad testificandum in
administrative cases before it.
37. Power to issue cease and desist orders and to summarily evict without the necessity of judicial
order

 The department shall, subject to the requirements of administrative due process, issue
cease and desist order/s upon violator/s and to summarily eject, with out the necessity of
judicial order, holder of FLA, other tenurial instrument, permit or license from areas of the
public domain covered by such FLA, tenurial instrument, permit or license

38. Authority of the Director of the BFAR or duly authorized representative to issue notice of
violation nand order confiscation.

 In all cases of violations of the code or other fishery laws, rules and regulations, the director
of the BFAR or the duly authorized representative may issue notice of violation nand order
the confiscation of fish or aquatic resources illegally caught, taken aor gathered and all
equipment paraphernalia and gears in favor of the department and to dispose of the same in
accordance with pertinent laws
39. Prohibition on the issueance of temporary restraining orders, preliminary injunctions and
preliminary mandatory injunctions.

 No injunction or restraining order from the Muninicpal Trial courts and Regional Trial Courts
shall lie against the department and BFAR upon the ex parte motion or petition filed by any
persons or entity in the exercise by the department and BFAR of its regulatory functions in
support of the implementation of this code

Accompanying administrative sanctions for serious violations

The adjudication committee may impose the following additional sanction to the administrative
penalties imposed to serious violations:

1. Confiscation of fishing gear

2. Impoundment of fishing vessel
3. Temporary suspension or permanent revocation of license or permit
4. Temporary or permanent ban from the availment of applicable duty and tax rebates
5. Inclusion in the iuu fishing vessel list
6. Denial of entry and other port services
7. Blacklisting
8. Increase in the amount of fines but not to exceed 5x the value of the catch. In case of
repeated violation
41. Citizen’s suits

 Any citizen may file an appropriate civil criminal or administrative action in the proper
court’s bodies against1. Violators of the fisheries code
 The department or other implementing agencies with respect to orders, rules and
regulations issued INCONSISTENT with the ACT and Any public officer who willfully or
grossly neglects the performance of a duty specifically enjoined by the Fisheries code and its
IRR or abuses authority.
43. Executive control
In Araneta v Gatmaitan, it was held that the president may exercise the same power as the Secretary
because

a. The president has control of all executive departments

b. executive orders may be issued by the president overning the general performance of duties
by public employees or disposing of issues of general concern
c. Under the Admininstrative code, all executive functions shall be directly under the executive
department, subject to the supervision and control of the president on matters of general
policy
44. Enactment of ordinances by LGU

 LGU’s have the power inter alia, to enact ordinances to enhance the right of the people to a
balanced ecology. It likewise specifically vests municipalities with the power to grant fishery
privileges in municipal waters and impose rentals fees and charges therefor to penalize and
by appropriate ordinances, the use of explosives

Seizure without warrant of fishing vessels breaching fishery laws

 Search and seizure without search warrant of vessels and aircrafts for violations of customs
laws have been the traditional exception to the constitutional requirement of a search
warrant.
 Roldan v Arca, it was held that where the members of the crew of fishing vessels were
caught in flagrante illegally fishing with dynamite and without the requisite license, their
apprehension without a warrant of arrest while committing a crime was lawful.
 In Hizon v CA, the warrantless search on a fishing boat suspected of having engaged in illegal
fishin was held valid. The fish and other evidence seized in the course of the search.

46. Forfeiture of vessel used in crime

 When an instrument or tool used in a crime is being claimed by a third party not liable for
the offense, such third party must first establish ownership of the same.

CASES
Case Title Doctrine
Magallona v Ermita RA 9522 is consistent with the Constitution. UNCLOS has
nothing to do with the acquisition or loss of territory but
merely a multilateral treaty regulating sea-use rights over
maritime zones.
Republic v Provincial LGU’s territory does not extend to the municipal waters beyond
Government of Palawan the LGU’s shoreline.
Territory of LGU refers to land area unless expanded by law to
include maritime area.
LGU’s equitable share are limited only to the utilization of
natural resources found w/in their land area.
Laguna Lake Development The power of LLDA to grant permits is for the purpose of
Authority v CA effectively regulating and monitoring activities in the Laguna de
Bay region. (Sec 2, EO 927)
The charter of LLDA which embodies valid exercise of police
power should prevail over the LGC.
 The power of LGU to issue fishing privileges = revenue purposes
Tano v Socrates The ordinances enacted by the Province of Palawan and City of
Puerto Princesa are police power measures and fulfilling their
duty to enact measures and impose penalties for acts which
endanger the environment such as dynamite fishing.
There is no showing that any of the petitioners qualifies as
subsistence or marginal fisherman hence no deprivation of
livelihood and occupation that violates the Constitution.

WATER CODE OF THE PHILIPPINES

P.D. NO. 1067
Preliminary

01. Water Code of the Philippines or P.D. No. 1067 is the basic law governing the ownership,
appropriation, utilization, exploitation, development, conservation and protection of water
resources and rights to land related thereto.

02. Policy Considerations

That water is vital to national development and it has thus become increasingly necessary for
government to intervene actively in improving the management of water resources based on
rational concepts or integrated, and multi-purpose management which must be sufficiently flexible
to adequately meet future developments

03. Objectives

 Establish basic principles and framework relating appropriation, utilization, exploitation,

development, conservation and protection of water resources and rights to land related
thereto
 define the extent of the righst and obligations of waters users and owners
 Adapt basic law governing appropriation, utilization, exploitation, development,
conservation and protection of water resources and rights to land related thereto
 Identify administrative agencies

04. Underlying principles

 All waters belong to the State

 All waters belong to the State cannot be subject to acquisitive prescription
  State may allow the use development, administration
 National Water Resources Council governs the appropriation, utilization, exploitation,
development, conservation and protection

Water refers to water under the grounds, water above the ground, water in the
atmosphere and the waters of the sea within the territorial jurisdiction of the Ph

05. State Ownership of Waters

 Rivers and their natural beds
 Continuous or intermittent waters of springs and brooks
 Natural lakes and lagoons
 all other categories of surface such as water flowing over lands
 Atmospheric water
 Subterranean or ground waters
 Seawater

Waters on private lands belong to the State:

 Waters rising on such lands
 Lakes, lagoons
 Rainwater
 Subterranean or ground waters
 Swamp and marshes

River -natural stream of water , of greater volume than a creek or rivulet, flowin in a more or
less permanent bed or channel..
Navigable river- Rivers are navigable in fact they are used or susceptible of being used..
Navigable waters- waers which afford a channle for useful commerce
River banks- The boundaries which confine the water to its channel
Creek- A small stream less than a river
Lake - A considerable body of standing water in a depression of land or expanded part of
river

06. Value of the Philippine marine ecosystem

It was explain that the full extent of the Philippine's marine biodiversity is not known, but
the best information available reveals an astounding variety of marine life.

Appropriation of waters

 Water may be appropriated for the following purposes:

(a) Domestic
(b) Municipal
(c) Irrigation
(d) Power generation
(e) Fisheries
(f) Livestock raising
(g) Industrial
(h) Recreational, and
(i) Other purposes
 Nationality Requirement

Philippine Citizens, legal age, as well as juridical persons, who are duly qualified by law to epxlout
and develop warer may apply for water permits. This includes private corpo with 60% of their capital
owned by Filipinos

Water Rights and Permits

09. Water right is privilege to appropriate and use water.

As general rule, no persons, government agency, shall appropriate water without water right, which
shall be evidenced by a water permit.

Any person may appropriate or use natural bodies of water without securing water permit for the ff:
 Appropriation of water by means of handcarried receptacles
 Bathing or washing, watering or dipping domestic of farm animals or navigation of
watercrafts

Right of a water permittee to demand establishment of easements

A holder of permit may demand the establishment of easement necessary for construction and
maintenance of the works and facilities..subject to the ff requirements:
 That he is the owner, leasee, mortgagee of one having real right over the land wehre he
proposes to use water
 That the proposed easement is the most convenient and the least onerous to the servient
estate

Revocation of water permits

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

RA 2056 authorizes removal of unauthorized dikes either as “public nuisances or as prohibited

constructions” on public navigable streams.

Utilization, Order of Preference and Conditions for Use

12. Order of preference in the use of water

 (1)Domestic and municipal use, (2) irrigation, (3) power generation, (4) fisheries, (5) livestock
raising, (6) industrial use and (7) other use
13. Utilization of waters
  Preference in the development of water sources shall consider security of the state, multiple
use, beneficial effects, adverse effects, and costs of development.

Prohibitions and conditions for use of waters

 No excavation for the purpose of emission of a hot spring or for the enlargement of the
existing opening thereof shall be made without prior permit. Any person or agency who
intends to develop a hot spring for human consumption must first obtain a permit from the
Department of Health.
 No person shall develop a stream, lake, or spring for recreational purposes without first
securing a permit from the Council.
 Unless otherwise ordered by the President of the Philippines and only in time of national
calamity or emergency, no person shall induce or restrain rainfall by any method such as
cloud seeding without a permit from the proper government emergency.
 No person shall raise or lower the water level of a river stream, lake, lagoon or marsh nor
drain the same without a permit.
 Drainage systems shall be so constructed that their outlets are rivers, lakes, the sea, natural
bodies of water, or such other water course as may be approved by the proper government
agency.
 When a drainage channel is constructed by a number of persons for their common benefit,
the cost of construction and maintenance of the channel shall be borne by each in
proportion to the benefits derived.
 When artificial means are employed to drain water from higher to lower land, the owner of
the higher land shall select the routes and methods of drainage that will cause the minimum
damage to the lower lands, subject to the requirements of just compensation.
 When the use, conveyance or storage of waters results in damage to another, the person
responsible for the damage shall pay compensation.
 When a water resources project interferes with the access of landowner to a portion of his
property or with the conveyance of irrigation or drainage water, the person or agency
constructing the project shall bear the cost of construction and maintenance of the bridges,
flumes and other structures necessary for maintaining access, irrigation, or drainage, in
addition to paying compensation for land and incidental damages.
 Any person having an easement for an aqueduct may enter upon the servient land for the
purpose of cleaning, repairing or replacing the aqueduct or the removal of obstructions
therefrom.
 Lower estates are obliged to receive the waters which naturally and without the
intervention of man flow from the higher estates, as well as the stone or earth which they
carry with them.The owner of the lower estate can not construct works which will impede
this natural flow, unless he provides an alternative method of drainage; neither can the
owner of the higher estate make works which will increase this natural flow.
 The banks of rivers and streams and the shores of the seas and lakes throughout their entire
length and within a zone of three (3) meters in urban areas, twenty (20) meters in
agricultural areas and forty (40) meters in forest areas, along their margins, are subject to
the easement of public use in the interest of recreation, navigation, floatage, fishing and
salvage. No person shall be allowed to stay in this zone longer than what is necessary for
recreation, navigation, floatage, fishing or salvage or to build structures of any kind.
15. Easements

 Lower estates have the obligation to receive water which naturally flow from the higher
estate.
16. Flood Control Areas
  In flood control areas, rules and regulations may be promulgated to prohibit control
activities that may cause damage to the flow of water.
 Lovina v. Moreno - Rivers or lakes may declared navigable even inside titled properties
 River beds may not be cultivated
 Any person may erect leeves or revetments to protect his property from flood
 When a river or stream suddenly changes its course to traverse private lands, the owners of
the affected lands may not compel the government to restore the river to its former bed;
nor can they restrain the government from taking steps to revert the river or stream to its
former course. The owners of the lands thus affected are not entitled to compensation for
any damage sustained thereby. However, the former owners of the new bed shall be the
owners of the abandoned bed in proportion to the area lost by each.
17. Conservation and Protection

 Sta. Rosa Realty Development Corporation v. Court of Appeals – watersheds may be

declared a protected area
 Collado v. Court of Appeals – watershed reservation is not susceptible of occupancy,
disposition, conveyance or alienation.
 Tan v. Director of Forestry – a timber license covering a watershed area may be withdrawn
in the public interest.
18. National Water Resources Board

 Have authority to enter upon private lands

 Original Jurisdiction over water dispute
 City of Batangas v. Philippine Shell Petroleum Corporation – power to control and regulate
the use of ground water pertains solely to NWRB and may not be made subject to an
ordinance.
 Extraction of ground water requires permit from NWRB
 Protests against a water permit application converts proceeding to a water controversy
 Regular courts have jurisdiction where the issue involves the enjoyment of an existing right
to use water.

Penalties
 A. A fine of not exceeding Three Thousand Pesos (P3,000.00) or imprisonment for not more
than three (3) years, or both such fine and imprisonment, in the discretion of the Court, shall
be imposed upon any person who commits any of the following acts:

1. Appropriation of water without a water permit, unless such person is expressly exempted
from securing a permit by the provisions of this Code.

2. Unauthorized obstruction of an irrigation canal.

3. Cultivation of a river bed, sand bar or tidal flat without permission.

4. Malicious destruction of hydraulic works or structure valued at not exceeding Twenty-Five

Thousand Pesos (P25,000.00).

 B. A fine exceeding Three Thousand Pesos (P3,000.00) but not more than Six Thousand
Pesos (P6,000.00) or imprisonment exceeding three (3) years but not more than six (6) years,
or both such fine and imprisonment in the discretion of the Court, shall be imposed on any
person who commits any of the following acts:
 1. Distribution for public consumption of water which adversely affects the health and safety of
the public.

2. Excavation or enlargement of the opening of a hot spring without permission.

3. Unauthorized obstruction of a river or waterway, or occupancy of a river bank or seashore

without permission.

4. Establishment of a cemetery or a waste disposal area near a source of water supply or

reservoir for domestic municipal use without permission.

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

6. Dumping mine tailings and sediments into rivers or waterways without permission.

7. Malicious destruction of hydraulic works or structure valued at more than Twenty-Five

Thousand Pesos (P25,000.00) but not exceeding One Hundred Thousand Pesos
(P100,000.00).

 C. A fine exceeding Six Thousand Pesos (P6,000.00) but not more than Ten Thousand Pesos
(P10,000.00) or imprisonment exceeding six (6) years but not more than twelve (12) years,
or both such fine and imprisonment, in the discretion of the Court, shall be imposed upon
any person who commits any of the following acts:

1. Misrepresentation of citizenship in order to qualify for water permit.

2. Malicious destruction of hydraulic works or structure, valued at more than One Hundred
Thousand Pesos (P100,000.00).

Repealed Laws
 All laws, decrees, executive orders, administrative regulations and rules of court which are
contrary to or inconsistent with the Water Code.

21. Water District

 Function is to sell water to residents within their territory

 Water districts are quasi public corporations
 Public hearing required on increase of water rates

22. Local Water Utilities Administration

 Specialized lending institution for the promotion, development and financing of local water
utilities
 LWUA has no adjudicatory function
 The SEC has no supervisory powers over water districts
 PHILIPPINE CLEAN WATER ACT OF 2004
Republic Act No. 9275
 
Philippine Clean Water Act of 2004 aims to protect the country’s water bodies from pollution from
land-based sources, such as industries/commercial establishments, agriculture and
community/household activities. It provides for a comprehensive and integrated strategy to prevent
and minimize pollution through a multi-sectoral and participatory approach involving all the
stakeholders.

It basically aims to set a regulation system to control who can discharge and the amount of
wastewater that can be discharged in the bodies of water. With this regulation system, industries
which release harmful and toxic wastewater to bodies of water can be penalized.

Management of water quality will either be based on watershed, river basin or water resources
region. Water quality management areas with similar hydrological, hydrogeological, meteorological
or geographic conditions which affect the reaction and diffusion of pollutants in water bodies are to
be designated by the DENR in coordination with the National Water Resources Board (NWRB).

PROCEDURE

DENR in coordination with NWRB shall designate certain areas as water quality management areas
using appropriate physiographic units such as watershed, river basins or water resources regions.
Said management areas shall have similar hydrological, hydrogeological, meteorological or
geographic conditions which affect the physicochemical, biological and bacteriological reactions and
diffusions of pollutants in the water bodies, or otherwise share common interest or face similar
development programs, prospects or problems.

Management area shall be governed by a governing board composed of representatives of mayors

and governors of member LGUs, and representatives of relevant national government agencies,
duly registered non-governmental organization, water utility sector, and business sector.
Department representative shall chair the governing board. In the case of the LGUs with
memberships on more than 1 management board, the LGU shall designate only 1 single
representative for all the management areas wherein is a member.

The governing board shall formulate strategies to coordinate policies necessary for the effective
implementation of this Act in accordance with those established in the framework and monitor the
compliance with the action plan. Each management area shall create a multi-sectoral group to
establish and affect water quality surveillance and monitoring network including sampling
schedules and other similar activities. The group shall submit its report and recommendation to the
chairman of the governing board.

A technical secretariat for each management area is hereby created which shall be part of the
department and shall provide technical support to the governing board. They shall be composed of
at least 4 members who shall have the following minimum qualifications:

1. 1 member shall be a member of Philippine Bar;

2. 1 member shall be a Chemical Engineer, Chemist, Sanitary Engineer, Environmental Engineer
or Ecologist or significant training and experience in chemistry;
3. 1 member shall be a Civil Engineer or Hydrologist or Significant training and experience in
closely related fields and experience on ground water, respectively; and
4. 1 member shall be a Geologist, Biologist, or significant training and experience in closely
related fields.

How will discharges of wastewater be controlled?

All owners or operators of facilities that discharge wastewater are required to get a permit to
discharge from the DENR or the Laguna Lake Development Authority. Existing industries without any
permit are given 12 months from the effectivity of the implementing rules and regulations (IRR)
promulgated pursuant to this Act to secure a permit to discharge.

How will domestic wastewater be addressed?

The DPWH, in coordination with LGU, will prepare a national program on sewage and septage
management not later than 12 months from effectivity of this Act. A priority list will likewise be
prepared which will be the basis for the allotment of funds on an annual basis by the national
government for the construction and rehabilitation of required facilities.

On the other hand, LGUs are to provide the land including road right of the way for the construction
of sewage and/or septage treatment facilities and raise funds for the operations and maintenance of
said facilities.

DOH will formulate guidelines and standards for the collection, treatment and disposal of sewage as
well as the guidelines for the establishment and operation of centralized sewage treatment system.
The Metropolitan Waterworks and Sewerage System (MWSS) and other agencies mandated to
provide water supply and sewerage facilities are required to connect existing sewage lines, subject
to the payment of sewerage service charges/fees within 5 years following the effectivity of this Act.
All sources of sewage and septage are required to comply with the law.

How will the discharge of wastewater be discouraged?

Anyone discharging wastewater into a water body will have to pay a wastewater charge. This
economic instrument which will be developed in consultation with all concerned stakeholders is
expected to encourage investments in cleaner production and pollution control technologies to
reduce the amount of pollutants generated and discharged.
Effluent trading per management area will also be allowed.

Rewards will also be given to those whose wastewater discharge is better than the water quality
criteria of the receiving body of water. Fiscal and non-fiscal incentives will also be given to LGUs,
water districts, enterprise, private entities and individuals who develop and undertake outstanding
and innovative projects in water quality management.

All possible dischargers are required to put up an environmental guarantee fund (EGF) as part of
their environmental management plan. The EGF will finance the conservation of watersheds and
aquifers, and the needs of emergency response, clean-up or rehabilitation.

Discharge Pemits. The Department shall require owners or operators of facilities that discharge
regulated effluents pursuant to this Act to secure a permit to discharge. The discharge permit shall
be the legal authorization granted by the Department to discharge wastewater: Provided, That the
discharge permit shall specify among others, the quantity and quality of effluent that said facilities
are allowed to discharge into a particular water body, compliance schedule and monitoring
requirement.

As part of the permitting procedure, the Department shall encourage the adoption of waste
minimization and waste treatment technologies when such technologies are deemed cost effective.
The Department shall also develop procedures to relate the current water quality guideline or the
projected water quality guideline of the receiving water body/ies with total pollution loadings from
various sources, so that effluent quotas can be properly allocated in the discharge permits. For
industries without any discharge permit, they may be given a period of twelve {12) months after the
effectivity of the implementing rules and regulations promulgated pursuant to this Act, to secure a
discharge permit.

PREFERENTIAL RIGHT
Requirement of Record-keeping, Authority for Entry to Premises and Access to Documents

Pursuant to this Act, the Department, through its authorized representatives, shall have the right to:
(a) enter any premises or to have access to documents and relevant materials as referred to in the
herein preceding paragraph; (b) inspect any pollution or waste source, control device, monitoring
equipment or method required; and (c) test any discharge.

VIOLATIONS/PROHBITED ACTS

1. Discharging or depositing any water pollutant to the water body, or such which will impede
natural flow in the water body.
2. Discharging, injecting or allowing to enter into the soil, anything that would pollute
groundwater.
3. Operating facilities that discharge regulated water pollutants without the valid required
permits.
4. Disposal of potentially infectious medical waste into sea by vessels.
5. Unauthorized transport or dumping into waters of sewage sludge or solid waste.
6. Transport, dumping or discharge of prohibited chemicals, substances or pollutants listed
under Toxic Chemicals, Hazardous and Nuclear Wastes Control Act (RA No. 6969).
 7. Discharging regulated water pollutants without the valid required discharge permit pursuant
to this Act
8. Noncompliance of the LGU with the Water Quality Framework and Management Area Action
Plan.
9. Refusal to allow entry, inspection and monitoring as well as access to reports and records by
the DENR in accordance with this Act.
10. Refusal or failure to submit reports and/or designate pollution control officers whenever
required by the DENR in accordance with this Act.
11. Directly using booster pumps in the distribution system or tampering with the water supply
in such a way to alter or impair the water quality.
12. Operate facilities that discharge or allow to seep wilfully or through grave negligence,
prohibited chemicals, substances, or pollutants listed under RA No. 6969 into water bodies.
13. Undertake activities/development and expansion of projects or operating wastewater
treatment/sewerage facilities in violation of P.D. 1586 and its IRR.

FINES & PENALTIES IMPOSED

Upon the recommendation of the Pollution Adjudication Board (PAB), anyone who commits
prohibited acts such as discharging untreated wastewater into any water body will be fined for every
day of violation, the amount of not less than P10,000 but not more than P200,000.

Failure to undertake clean-up operations wilfully shall be punished by imprisonment of not less than
two years and not more than four years. This also includes a fine of not less than Php 50,000 and not
more than P100,000 /day of violation.

Failure or refusal to clean up which results in serious injury or loss of life or lead to irreversible water
contamination of surface ground, coastal and marine water shall be punished with imprisonment of
not less than 6 years and 1 day and not more than 12 years and a fine of P500,000/day for each day
the contamination or omission continues.

In case of gross violation, a fine not less than P500,000 but more than P3M will be imposed for each
day of violation. Criminal charges may also be filed.

CASES
Maynilad Water Public Trust Doctrine – aims to put an additional strain upon the duty of water
Services, Inc. v. industry to comply with the laws and regulations of the land. The doctrine
Sec. of DENR impresses upon states the affirmative duties of a trustee to manage the
country’s natural resources for the bereft of present and future generations
and embodies key principles of environmental protection, stewardship.
Communal responsibility and sustainability. State is the trustee, which
manages specific natural resources or the trust principal and the public is
regarded as the beneficial owner of trust resources. Courts can enforce the
public trust doctrine even against the government itself.
MMDA v. The policy of the government is to streamline processes and procedures in the
Concerned Citizens prevention, control, and abatement of pollution mechanisms for the
of Manila Bay protection of water resources, to promote environmental strategies and use of
appropriate economic instruments of control mechanisms for protection of
water resources; to formulate a holistic national program of water quality
management, and to provide a comprehensive management program for
water pollution.
In absence of a specific pollution incident, MMDA and other concerned
agencies are required to take measures necessary to meet the prescribed
water quality standards.