Cdi 5 Introduction To Cybercrime and Environmental Laws
Cdi 5 Introduction To Cybercrime and Environmental Laws
Cdi 5 Introduction To Cybercrime and Environmental Laws
CYBERCRIME AND
ENVIRONMENTAL LAWS
CYBERCRIME
OPPORTUNITY
In the instance of an internal employee, there may be no
initial motivation by the employee to commit any form of
crime against their employer. However, while undertaking
their duties they may identify a vulnerability in the internal
systems where money or data could be removed without
Greed
Greed is a common motivator for the criminal, whether
internal or external to the company. The potential to enrich
their lives at the expense of others is an enticing option to
them, with little to no concern as to the damage they do to
others.
Test of Skill
Some cyber criminals may commit technical attacks
against others as a training exercise to develop their skills for
a more financially lucrative attack
BUSINESS COMPETITOR
The marketplace can be a very aggressive environment for
businesses, with each placing an emphasis on developing a
strategic advantage. One way is to steal the competition’s IP
through computer hacking to provide an advantage. Another is to
damage the competitor’s reputation through a technical attack,
leaving existing and potential clients with concerns about doing
business with a company under a technical Attack
PROFESSIONAL CRIMINAL
The professional criminal’s motivation is seeking personal
financial advantage. The attack is rarely personal and the attack on
the target company is nothing more than a business venture to
TERRORISM
With the world being connected, the opportunity exists for
persons in remote locations to target the critical infrastructure
of an entity they wish to cause extreme harm to.
GEOPOLITICS
A state actor is a government agency or aligned group
who conducts cyber activities on behalf of that government.
The motivation may be to seek the IP of specific industries in
foreign countries to gain a competitive advantage.
Alternatively, they may seek to target the infrastructure of a
hostile company or country to cause as much damage as
possible
THE CONVENTION ON CYBER CRIME DISTINGUISHES
BETWEEN FOUR DIFFERENT TYPES OF OFFENSES
Offenses against the confidentiality, integrity and availability of computer data
and systems, such as illegal access, illegal interception, data interference,
system interference, and misuse of devoice;
Cyber Stalking
This involves following a person’s movements across the Internet by
posting messages(sometimes threatening) on bulletin boards frequented
by the victim, entering chat-rooms frequented by the victim, constantly
bombarding the victim with emails etc.
Unauthorized Access
Also known as Hacking. Involves gaining access illegally to a
computer system or network and in some cases making unauthorized
use of this access. Hacking is also the act by which other forms of cyber-
crime (e.g.,fraud, terrorism) are committed.
Theft
Theft of any information contained in electronic form such as that
stored in computer hard disks, removal storage media, etc. Can extend to
identity theft.
Email Bombing
This refers to sending a large number of emails to the victim resulting
in the victim's email account (in case of an individual) or mail servers (in
Salami Attacks
These attacks are often used in committing financial crime and are based on the idea that an
alteration, so insignificant, would go completely unnoticed in a single case. E.g. a bank employee
inserts a program, into the bank’s servers, that deducts a small amount of money (say 5 cents a
month) from the account of every customer. This unauthorized debt is likely to go unnoticed by an
account holder.
Denial of Service (DNS) Attack
This involves flooding a computer resource with more requests than it can handle, causing the
resource (e.g. a web server) to crash thereby denying authorized users the service offered by the
resource. Another variation to a typical denial of service attack is known as a Distributed Denial of
Service (DDoS) attack wherein the perpetrators are many and are geographically widespread. It is
very difficult to control such attacks and is often used in acts of civil disobedience.
Virus/ Worm
Viruses are programs that attach themselves to a computer or a file and then circulate
themselves to other files and to other computers on a network. They usually affect the data on a
computer, either by altering or deleting it. Worms, unlike viruses do not need the host to attach
themselves to. They merely make functional copies of themselves and do this repeatedly till they
eat up all the available space on a computer’s memory.
Logic Bombs
These are event dependent programs where programs kick into action
only when a certain event (known as a trigger event) occurs. Some viruses
may be termed logic bombs because they lie dormant throughout the year
and become active only on a particular date (e.g. Chernobyl virus).
Trojan Attacks
An unauthorized program which functions from inside what seems to be
an authorized program, thereby concealing what it is actually doing.
Web Jacking
This occurs when someone forcefully takes control of a website (by
cracking the password and later changing it)
Cyber-Terrorism
Hacking designed to cause terror. Like conventional terrorism, ‘e-
terrorism’ is utilizes hacking to cause violence against persons or property, or
CYBERTERRORIST
The definition for stalking is when a perpetrator singles out a specific person
and causes the person emotional distress and causes the individual to fear for his
or her life, safety, or safety of others. A stalker can be a former boyfriend or
girlfriend, an acquaintance or a stranger.
TYPES OF STALKERS
Rejected Stalker- This type of stalker becomes upset when the friendship or
romantic relationship has ended. The rejected stalker is not only self-centered and
jealous but also over-dependent and persistent.
Resentful Stalker – The resentful stalker feels humiliated that the relationship has
ended and seeks revenge upon the victim. Resentful stalkers are often irrationally
paranoid and are known to verbally assault their victims.
Predatory Stalker- The predatory stalker seeks power and sexual gratification.
They will not make physical contact but will use surveillance to track the victim.
Intimacy Seeker– The intimacy-seeking stalker seeks an intimate and romantic relationship with the
victim. When the stalker is rejected by the victim, he or she will continually phone the victim, write the
victim letters, and can become jealous and violent if the victim enters into a relationship with someone
else.
Incompetent Suitor- The incompetent suitor stalker usually has inadequate social skills. They want a
relationship with the victim but do not have the ability to realize he or she is not meant to be with the
victim.
Erotomania and Morbidly Infatuated- This type of stalker feels that the victim loves them even
though they may not have had any contact with the victim. The stalker is usually paranoid, prefers
suitors in a higher social class, and will repeatedly approach the victim.
CYBERSTALKING
PENALTY
1. Imprisonment of six years and 1 day up to 12 years) or
2. Fine of at least Two hundred thousand pesos (P200,000) up to a
maximum amount
ILLEGAL INTERCEPTION – the interception made by technical means without
right of any non-public transmission of computer data to, from, or within a
computer system including electromagnetic emissions from a computer system
carrying such computer data.
Example:
a. Illicit copying of computer program or data files or wiretapping to obtain data in
a network.
PENALTY
If committed against critical infrastructure:
1. imprisonment for twelve years and one day up to twenty years) or
2. fine of at least Five hundred thousand pesos (P500,000) up to a maximum
amount commensurate to the damage incurred, or BOTH
DATA INTERFERENCE – the intentional or reckless alteration,
damaging, deletion or deterioration of computer data, electronic
document, or electronic data message, without right, including the
introduction or transmission of viruses.
PENALTY
1. Imprisonment of six years and 1 day up to 12 years) or
2. Fine of at least Two hundred thousand pesos (P200,000) up to
a maximum amount commensurate to the damage incurred or
both
SYSTEM INTERFERENCE – the intentional alteration, or reckless hindering or
interference with the functioning of a computer or computer network by inputting,
transmitting, damaging, deleting, deteriorating, altering or suppressing computer
data or program, electronic document or electronic data message, without right
or authority, including the introduction or transmission of viruses.
Example:
a. an example of system interference is a denial of service attack (or DoS attack)
PENALTY
If committed against critical infrastructure:
1. imprisonment for twelve years and one day up to twenty years)
or
2. fine of at least Five hundred thousand pesos (P500,000) up to a maximum
amount commensurate to the damage incurred, or BOTH
MISUSE OF DEVICES – committed through any of the following
acts:
(i) The use, production, sale, procurement, importation, distribution
or otherwise making available, intentionally and without right, of any
of the following:
aa. device, including a computer program, designed or adapted
primarily for the purpose of committing any of the offenses under
this rule; or
bb. a computer password, access code, or similar data by which the
whole or any part of a computer system is capable of being
accessed with the intent that it be used for the purpose of
committing any of the offenses under this rules.
(ii) The possession of an item referred to in subparagraphs 5(i)(aa)
PENALTY
1. Imprisonment of six years and 1 day up to 12 years) or
2. a fine, not more than Five Hundred Thousand Pesos
(P500,000.00),
or both
If committed against critical infrastructure:
1. imprisonment for twelve years and one day up to twenty years)
or
2. fine of at least Five hundred thousand pesos (P500,000) up to
a maximum amount commensurate to the damage incurred, or
6. CYBERSQUATTING - the acquisition of a domain name
over the internet in bad faith to profit, mislead, destroy
reputation, and deprive others from registering the same.
PENALTY
1. Imprisonment of 6 years and 1 day up to 12 years) or
2. Fine of at least Two hundred thousand pesos (P200,000)
up to a maximum amount commensurate to the damage
incurred
B. COMPUTER RELATED OFFENSES
COMPUTER RELATED FORGERY
a. the input, alteration or deletion of any computer data without right, resulting in inauthentic
data, with the intent that it be considered or acted upon for legal purposes as if it were
authentic, regardless whether or not the data is directly readable and intelligible; or
b. the act of knowingly using computer data, which is the product of computer-related forgery
as defined herein, for the purpose of perpetuating a fraudulent or dishonest design.
Example:
a. sending of an email to targets with a website link for users to click on, which might either
download malware onto the users’ digital devices.
b. sends users to a malicious website that is designed to steal users’ credentials (phishing).
PENALTY
1. Imprisonment of 6 years and 1 day up to 12 years) or
2. Fine of at least Two hundred thousand pesos (P200,000) up to a maximum amount
COMPUTER RELATED FRAUD -
The unauthorized “Input, alteration or deletion of computer data or program, or
interference in the functioning of a computer system, causing damage thereby
with fraudulent intent:
Example:
a. Online romance scam
PENALTY
1. Imprisonment of 6 years and 1 day up to 12 years) or
2. Fine of at least Two hundred thousand pesos (P200,000) up to a maximum
amount commensurate to the damage incurred or both
COMPUTER-RELATED IDENTITY
THEFT - the intentional acquisition, use, misuse, transfer, possession,
alteration or deletion of identifying information belonging to another,
whether natural or juridical, without right:
Example:
a. Existing account takeover identify theft (stolen ATM, checks)
b. New account identify theft (FB account, credit card application)
PENALTY
1. Imprisonment of 6 years and 1 day up to 12 years) or
2. Fine of at least Two hundred thousand pesos (P200,000) up to a
maximum amount commensurate to the damage incurred or both
CONTENT-RELATED OFFENSES
PENALTY
1. Imprisonment of 6 years and 1 day up to 12 years) or
2. Fine of at least Two hundred thousand pesos (P200,000) up to a
maximum amount commensurate to the damage incurred
CHILD PORNOGRAPHY - The unlawful or prohibited acts
defined and punishable by Republic Act No. 9775 or the Anti-
Child Pornography Act of 2009, committed through a computer
system.
PENALTY
Punished in accordance with the penalties set forth in
Republic Act No. 9775 or the “Anti-Child Pornography Act of
2009”: provided, That the penalty to be imposed shall be one
(1) degree higher than that provided if committed with the use
of ICT.
LIBEL – The unlawful or prohibited acts of libel, as defined in
Article 355 of the Revised Penal Code, as amended, committed
through a computer system or any other similar means which may
be devised in the future. Provided, that this provision applies only
to the original author of the post or online libel, and not to others
who simply receive the post an react to it.
PENALTY
1. Maximum period of prision correctional (6month, 1day to 6year)
to its prision mayor maximum period to prision mayor minimum
period.
2. Fine ranging from Six Thousand Pesos (P6,000.00) up to the
maximum amount determined by Court, or
both, in addition to the civil action which may be brought by the
OTHER CYBERCRIME OFFENSES
WARRANT TO DISCLOSE COMPUTER DATA , A warrant to Disclose Computer Data is defined under Section
4.2 of the Rules on Cybercrime Warrants as: Section 4.2. Warrant to Disclose Computer Data (WDCD). – A
WDCD is an order in writing issued in the name of the People of the Philippines, signed by a judge, upon
application of law enforcement authorities, authorizing the latter to issue an order to disclose and accordingly,
require any person or service provider to disclose or submit subscriber’s information, traffic data, or relevant data
in his/her or its possession or control
SEC. 14. Disclosure of Computer Data. — Law
enforcement authorities, upon securing a court
warrant, shall issue an order requiring any person or
service provider to disclose or submit subscriber’s
information, traffic data or relevant data in his/its
possession or control within seventy-two (72) hours
from receipt of the order in relation to a valid
complaint officially docketed and assigned for
investigation and the disclosure is necessary and
relevant for the purpose of investigation
HOW LONG ARE CYBERCRIME
WARRANTS VALID?
Declaration of Policies. — It is hereby declared the policy of the State to adopt a systematic,
comprehensive and ecological solid waste management program which shall:
Ensure the protection of public health and environment;
Utilize environmentally-sound methods that maximize the utilization of valuable resources and
encourage resource conservation and recovery;
Set guidelines and targets for solid waste avoidance and volume reduction through source reduction
and waste minimization measures, including composting, recycling, re-use, recovery, green charcoal
process, and others, before collection, treatment and disposal in appropriate and environmentally
sound solid waste management facilities in accordance with ecologically sustainable development
principles;
Ensure the proper segregation, collection, transport, storage, treatment and disposal of
solid waste through the formulation and adoption of the best environmental practice in
ecological waste management excluding incineration;
Promote national research and development programs for improved solid waste
management and resource conservation techniques, more effective institutional
arrangement and indigenous and improved methods of waste reduction, collection,
separation and recovery;
Encourage greater private sector participation in solid waste management;
Retain primary enforcement and responsibility of solid waste management with local
government units while establishing a cooperative effort among the national
government, other local government units, non-government organizations, and the
private sector;
Encourage cooperation and self-regulation among waste generators through the
application of market-based instruments;
Institutionalize public participation in the development and implementation of national
and local integrated, comprehensive and ecological waste management programs; and
Strengthen the integration of ecological solid waste management and resource
INSTITUTIONAL MECHANISM
For premises containing six (6) or more residential units, the local government unit
shall promulgate regulations requiring the owner or person in charge of such
premises to:
(a) provide for the residents a designated area and containers in which to
accumulate source separated recyclable materials to be collected by the
municipality or private center; and
(b) notify the occupants of such buildings of the requirements of this Act and the
regulations promulgated pursuant thereto.
Requirements for the Segregation and Storage of Solid Waste. — The following shall be the minimum
standards and requirements for segregation and storage of solid waste pending collection:
(a) There shall be a separate container for each type of waste from all sources: Provided, That in
the case of bulky waste, it will suffice that the same be collected and placed in a separate and
designated area; and
(b) The solid waste container depending on its use shall be properly marked or identified for on-site
collection as “compostable”, “non-recyclable”, “recyclable” or “special waste”, or any other
classification as may be determined by the Commission.
PENAL PROVISIONS
(1) Littering, throwing, dumping of waste matters in public places, such as roads,
sidewalks, canals, esteros or parks, and establishment, or causing or
permitting the same;
Any person who violates Sec. 48, paragraph (1) shall, upon conviction, be
punished with a fine of not less than Three hundred pesos (P300.00) but not more
than One thousand pesos (P1,000.00) or render community service for not less
than one (1) day to not more than fifteen (15) days to an LGU where such
prohibited acts are committed, or both;
(2) Undertaking activities or operating, collecting or transporting equipment in violation of sanitation
operation and other requirements or permits set forth in or established pursuant to this Act;
(3) The open burning of solid waste;
Any person who violates Sec. 48, pars. (2) and (3), shall, upon conviction, be punished with a fine of
not less than Three hundred pesos (P300.00) but not more than One thousand pesos (P1,000.00) or
imprisonment of not less than one (1) day to not more than fifteen (15) days, or both;
(4) Causing or permitting the collection of non-segregated or unsorted waste;
(5) Squatting in open dumps and landfills;
(6) Open dumping, burying of biodegradable or non-biodegradable materials in flood-prone areas;
(7) Unauthorized removal of recyclable material intended for collection by authorized persons;
Any person who violates Sec. 48, pars. (4), (5), (6), and (7) shall, upon conviction, be punished
with a fine of not less than One thousand pesos (P1,000.00) but not more than Three thousand
pesos (P3,000.00) or imprisonment of not less than fifteen (15) days but not more than six (6)
months, or both;
(8)The mixing of source-separated recyclable material with other solid waste in any
vehicle, box, container or receptacle used in solid waste collection or disposal;
(9) Establishment or operation of open dumps as enjoined in this Act, or closure of said
dumps in violation of Sec. 37;
(10) The manufacture, distribution or use of non-environmentally acceptable packaging
materials;
(11) Importation of consumer products packaged in non-environmentally acceptable
materials;
Any person who violates Sec. 48, pars. (8), (9), (10) and (11) for the first time shall,
upon conviction, pay a fine of Five hundred thousand pesos (P500,000.00) plus an
amount not less than five percent (5%) but not more than ten percent (10%) of his net
annual income during the previous year.
The additional penalty of imprisonment of a minimum period of one (1) year, but not to
exceed three (3) years at the discretion of the court, shall be imposed for second or
subsequent violations of Sec. 48, paragraphs (9) and (10).
(12Importation of toxic wastes misrepresented as “recyclable” or “with recyclable content”;
(13) Transport and dumping in bulk of collected domestic, industrial, commercial and institutional
wastes in areas other than centers or facilities prescribed under this Act;
Any person who violates Sec. 48, pars. (12) and (13), shall, upon conviction, be punished with a fine
of not less than Ten thousand pesos (P10,000.00) but not more than Two hundred thousand pesos
(P200,000.00) or imprisonment of not less than thirty (30) days but not more than three (3) years, or
both;
(14) Site preparation, construction, expansion or operation of waste management facilities without an
Environmental Compliance Certificate required pursuant to Presidential Decree No. 1586 and this Act and
not conforming with the land use plan of the LGU;
(15) The construction of any establishment within two hundred (200) meters from open dumps or controlled
dumps, or sanitary landfills; and
(16) The construction or operation of landfills or any waste disposal facility on any aquifer, groundwater
reservoir or watershed area and or any portions thereof.
Any person who violates Sec. 48, pars. (14), (15) and (16) shall, upon conviction, be punished with a
fine not less than One hundred thousand pesos (P100,000.00) but not more than One million pesos
(P1,000,000.00), or imprisonment not less than one (1) year but not more than six (6) years, or both.
If the offense is committed by a corporation, partnership, or other juridical entity
duly organized in accordance with law, the chief executive officer, president,
general manager, managing partner or such other officer-in-charge shall be
liable for the commission of the offense penalized under this Act.
If the offender is an alien, he shall, after service of the sentence prescribed
above, be deported without further administrative proceedings.
REPUBLIC ACT NO. 6969
This Act shall be known as the “Toxic Substances and Hazardous and Nuclear
Wastes Control Act of 1990.”
Declaration of Policy. — It is the policy of the State to regulate, restrict or prohibit the
importation, manufacture, processing, sale, distribution, use and disposal of chemical
substances and mixtures that present unreasonable risk and/or injury to health or the
environment; to prohibit the entry, even in transit, of hazardous and nuclear wastes and
their disposal into the Philippine territorial limits for whatever purpose; and to provide
advancement and facilitate research and studies on toxic chemicals.
THE OBJECTIVES OF THIS ACT ARE:
a) To keep an inventory of chemicals that are presently being imported,
manufactured, or used, indicating, among others, their existing and possible
uses, test data, names of firms manufacturing or using them, and such other
information as may be considered relevant to the protection of health and the
environment;
b) To monitor and regulate the importation, manufacture, processing, handling,
storage, transportation, sale, distribution, use and disposal of chemical
substances and mixtures that present unreasonable risk or injury to health or to
the environment in accordance with national policies and international
commitments;
c) To inform and educate the populace regarding the hazards and risks attendant
to the manufacture, handling, storage, transportation, processing, distribution,
use and disposal of toxic chemicals and other substances and mixtures; and
d) To prevent the entry, even in transit, as well as the keeping or storage and
Functions, Powers and Responsibilities of the
Department of Environment and Natural
Resources.
The Department of Environment and Natural Resources shall be the implementing agency tasked
with the following functions, powers, and responsibilities
Inter-Agency Technical Advisory Council. — There is hereby created an Inter-Agency Technical Advisory
Council attached to the Department of Environment and Natural Resources which shall be composed of the
following officials or their duly authorized representatives:
The Secretary of Environment and Natural Resources or his duly authorized representative shall,
within ninety (90) days from the date of filing of the notice of manufacture, processing or importation of
a chemical substance or mixture, decide whether or not to regulate or prohibit its importation,
manufacture, processing, sale, distribution, use or disposal. The Secretary may, for justifiable reasons,
extend the ninety-day pre-manufacture period within a reasonable time.
PROHIBITED ACTS
The penalty of imprisonment of twelve (12) years and one (1) day to twenty (20) years, shall be
imposed upon any person who shall violate Section 13(d) of this Act. If the offender is a foreigner, he
or she shall be deported and barred from any subsequent entry into the Philippines after serving his or
her sentence;
ADMINISTRATIVE FINES
The Department shall, within two (2) years from the effectivity of this Act, and every two (2) years
thereafter, review, or as the need therefore arises, revise and publish emission standards, to further improve
the emission standards for stationary sources of air pollution. Such emission standards shall be based on
mass rate of emission for all stationary source of air pollution based on internationally accepted standards,
but not be limited to, nor be less stringent than such standards and with the standards set forth in this
section
Violation of Standards for Stationary Sources. - For actual exceedance of any pollution or air quality
standards under this Act or its rules and regulations, the Department, through the Pollution Adjudication
Board (PAB), shall impose a fine of not more than One hundred thousand pesos (P100,000.00) for every
day of violation against the owner or operator of a stationary source until such time that the standards have
been complied with.
POLLUTION FROM MOTOR VEHICLES
a) The DOTC shall implement the emission standards for motor vehicles set pursuant to and as provided in this Act. To further improve
the emission standards, the Department shall review, revise and publish the standards every two (2) years, or as the need arises. It
shall consider the maximum limits for all major pollutants to ensure substantial improvement in air quality for the health, safety and
welfare of the general public.
b) The Department, in collaboration with the DOTC, DTI and LGUs, shall develop an action plan for the control and management of air
pollution from motor vehicles consistent with the Integrated Air Quality Framework. The DOTC shall enforce compliance with the
emission standards for motor vehicles set by the Department. The DOTC may deputize other law enforcement agencies and LGUs for
this purpose. To this end, the DOTC shall have the power to:
(1) Inspect and monitor the emissions of motor vehicles;
(2) Prohibit or enjoin the use of motor vehicles or a class of motor vehicles in any area or street at specified times; and
(3) Authorize private testing emission testing centers duly accredited by the DTI.
Violation of Standards for Motor Vehicles. - No motor vehicle shall be registered with the DOTC unless it meets the
emission standards set by the Department as provided in Sec. 21 hereof.
Any vehicle suspected of violation of emission standards through visual signs, such as, but not limited to smoke-
belching, shall be subjected to an emission test by a duly authorized emission testing center. For this purpose, the DOTC
or its authorized testing center shall establish a roadside inspection system. Should it be shown that there was no violation
of emission standards, the vehicle shall be immediately released. Otherwise, a testing result indicating an exceedance of
the emission standards would warrant the continuing custody of the impounded vehicle unless the appropriate penalties
are fully paid, and the license plate is surrendered to the DOTC pending the fulfillment of the undertaking by the
owner/operator of the motor vehicle to make the necessary repairs so as to comply with the standards. A pass shall herein
be issued by the DOTC to authorize the use of the motor vehicle within a specified period that shall not exceed seven (7)
days for the sole purpose of making the necessary repairs on the said vehicle. The owner/operator of the vehicle shall be
required to correct its defects and show proof of compliance to the appropriate pollution control office before the vehicle
can be allowed to be driven on any public or subdivision roads.
In addition, the driver and operator of the apprehended vehicle shall undergo a seminar on
pollution control management conducted by the DOTC and shall also suffer the following penalties:
a) First Offense - a fine not to exceed Two Thousand Pesos (P2,000.00);
b) Second Offense - a fine not less than Two Thousand Pesos (P2,000.00) and not to exceed Four
Thousand Pesos (P4,000.00); and
c) Third offense - one (1) year suspension of the Motor Vehicle Registration (MVR) and a fine of not
less than Four Thousand Pesos (P4,000.00) and not more than Six thousand pesos (P6,000.00).
POLLUTION FROM OTHER SOURCES
Pollution from smoking. - Smoking inside a public building or an enclosed public place including
public vehicles and other means of transport or in any enclosed area outside of one's private
residence, private place of work or any duly designated smoking area is hereby prohibited under
this Act. This provision shall be implemented by the LGUs.
Pollution from other mobile sources. - The Department, in coordination with appropriate
agencies, shall formulate and establish the necessary standards for all mobile sources other than
those referred to in Sec. 21 of this Act. The imposition of the appropriate fines and penalties from
these sources for any violation of emission standards shall be under the jurisdiction of the DOTC
Fines and Penalties for Violations of Other Provisions in the Act. - For violations of all other
provisions provided in this Act and of the rules and regulations thereof, a fine of not less than Ten
thousand pesos (P10,000) but not more than One Hundred thousand Pesos (P100,000) or six (6)
months to six (6) years imprisonment or both shall be imposed. If the offender is a juridical person, the
president, manager, directors, trustees, the pollution control officer or the officials directly in charge of
the operations shall suffer the penalty herein provided.
GROSS VIOLATIONS
In case of gross violation of this Act or its implementing rules and regulations, the PAB shall
recommend to the proper government agencies to file the appropriate criminal charges against the
violators. The PAB shall assist the public prosecutor in the litigation of the case. Gross violation shall
mean:
(a) three (3) or more specific offenses within a period of one (1) year;
(b) three (3) or more specific offenses with three (3) consecutive years;
(c) blatant disregard of the orders of the PAB, such s but not limited to the breaking of seal, padlocks and
other similar devices, or operation despite the existence of an order for closure, discontinuance or
cessation of operation; and
(d) irreparable or grave damage to the environment as a consequence of any violation of the provisions of
this Act
Offenders shall be punished with imprisonment of not less than six (6) years but not more than ten
(10) years at the discretion of the court. If the offender is a juridical person, the president, manager,
directors, trustees, the pollution control officer or the officials directly in charge of the operations shall
suffer the penalty herein provided.
REPUBLIC ACT NO. 9275
Short Title. - This Act shall be known as the "Philippine Clean Water Act of 2004."
WATER QUALITY MANAGEMENT AREA
Unless otherwise provided herein, any person who commits any of the
prohibited acts provided in the immediately preceding section or violates any of the
provision of this Act or its implementing rules and regulations, shall be fined by the
Secretary, upon the recommendation of the PAB in the amount of not less than Ten
thousand pesos (P10,000.00) nor more than Two hundred thousand pesos
(P200,000.00) for every day of violation
In case of gross violation of this Act, the PAB shall issue a resolution recommending that the proper government
agencies file criminal charges against the violators. Gross violation shall mean any of the following:
a) deliberate discharge of toxic pollutants identified pursuant to Republic Act No.6969 in toxic amounts;
b) five {5) or more violations within a period of two (2) years; or
c) blatant disregard of the orders of the PAB, such as the non-payment of fines, breaking of seals or operating
despite the existence of an order for closure, discontinuance or cessation of operation.
In which case, offenders shall be punished with a fine of not less than Five hundred thousand pesos
(P500,000.00) but not more than Three million pesos (P3,000,000.00} per day for each day of violation or
imprisonment of not less than six {6) years but not more than ten {10) years, or both, at the discretion of the court. If
the offender is a juridical person, the president, manager and the pollution control officer or the official in charge of
the operation shall suffer the penalty herein provided.
PRESIDENTIAL DECREE No. 705
REVISING PRESIDENTIAL DECREE NO. 389, OTHERWISE KNOWN AS THE FORESTRY REFORM CODE
OF THE PHILIPPINES
CRIMINAL OFFENSES AND PENALTIES
Cutting, gathering and/or collecting timber or other products without license. Any person who shall cut, gather, collect, or remove
timber or other forest products from any forest land, or timber from alienable and disposable public lands, or from private lands,
without any authority under a license agreement, lease, license or permit, shall be guilty of qualified theft as defined and punished
under Articles 309 and 310 of the Revised Penal Code; Provided, That in the case of partnership, association or corporation, the
officers who ordered the cutting, gathering or collecting shall be liable, and if such officers are aliens, they shall, in addition to the
penalty, be deported without further proceedings on the part of the Commission on Immigration and Deportation.
The Court shall further order the confiscation in favor of the government of the timber or forest products to cut, gathered, collected
or removed, and the machinery, equipment, implements and tools used therein, and the forfeiture of his improvements in the area.
The same penalty plus cancellation of his license agreement, lease, license or permit and perpetual disqualification from acquiring
any such privilege shall be imposed upon any licensee, lessee, or permittee who cuts timber from the licensed or leased area of
another, without prejudice to whatever civil action the latter may bring against the offender.
Unlawful occupation or destruction of forest lands. Any person who enters and occupies or possesses, or makes kaingin
for his own private use or for others any forest land without authority under a license agreement, lease, license or permit,
or in any manner destroys such forest land or part thereof, or causes any damage to the timber stand and other products
and forest growths found therein, or who assists, aids or abets any other person to do so, or sets a fire, or negligently
permits a fire to be set in any forest land shall, upon conviction, be fined in an amount of not less than five hundred pesos
(P500.00) nor more than twenty thousand pesos (P20,000.00) and imprisoned for not less than six (6) months nor more
than two (2) years for each such offense, and be liable to the payment of ten (10) times the rental fees and other charges
which would have been accrued had the occupation and use of the land been authorized under a license agreement,
lease, license or permit: Provided, That in the case of an offender found guilty of making kaingin, the penalty shall be
imprisoned for not less than two (2) nor more than (4) years and a fine equal to eight (8) times the regular forest charges
due on the forest products destroyed, without prejudice to the payment of the full cost of restoration of the occupied area
as determined by the Bureau.
Pasturing Livestock. Imprisonment for not less than six (6) months nor more than two (2) years and a
fine equal to ten (10) times the regular rentals due, in addition to the confiscation of such livestock and
all improvement introduced in the area in favor of the government, shall be imposed upon any person,
who shall, without authority under a lease or permit, graze or cause to graze livestock in forest lands,
grazing lands and alienable and disposable lands which have not as yet been disposed of in
accordance with the Public Land Act; Provided, That in case the offender is a corporation, partnership
or association, the officers and directors thereof shall be liable.
Illegal occupation of national parks system and recreation areas and vandalism
therein. Any person who shall, without permit, occupy for any length of time any portion of
the national parks system or shall, in any manner, cut, destroy, damage or remove timber
or any species of vegetation or forest cover and other natural resources found therein, or
shall mutilate, deface or destroy objects of natural beauty or of scenic value within areas in
the national parks system, shall be fined not less than two hundred (P200.00) pesos or
more than five hundred (P500.00) pesos exclusive of the value of the thing damaged;
Provided, That if the area requires rehabilitation or restoration as determined by the
Director, the offender shall also be required to restore or compensate for the restoration of
the damage; Provided, Further, That any person who, without proper permit shall hunt,
capture or kill any kind of bird, fish or wild animal life within any area in the national parks
system shall be subject to the same penalty; Provided, Finally, That the Court shall order
eviction of the offender from the land and the forfeiture in favor of the Government of all
timber or any species of vegetation and other natural resources collected or removed, and
any construction or improvement made thereon by the offender. If the offender is an
association or corporation, the president or manager shall be directly responsible and
liable for the act of his employees or laborers.
In the event that an official of a city or municipal government is primarily responsible for
detecting and convicting the violator of the provisions of this Section, fifty per centum
Destruction of wildlife resources. Any person violating the provisions of Section 55 of this Code, or
the regulations promulgated thereunder, shall be fined not less than one hundred (P100.00) pesos
for each such violation and in addition shall be denied a permit for a period of three (3) years from
the date of the violation.
Survey by unauthorized person. Imprisonment for not less than two (2) nor more than four (4)
years, in addition to the confiscation of the implements used in the violation of this section
including the cancellation of the license, if any, shall be imposed upon any person who shall,
without permit to survey from the Director, enter any forest lands, whether covered by a license
agreement, lease, license, or permit, or not, and conduct or undertake a survey for whatever
purpose.
Misclassification and survey by government official or employee. Any public officer or employee who
knowingly surveys, classifies, or recommends the release of forest lands as alienable and disposable
lands contrary to the criteria and standards established in this Code, or the rules and regulations
promulgated hereunder, shall, after an appropriate administrative proceeding, be dismissed from the
service with prejudice to re-employment, and upon conviction by a court of competent jurisdiction, suffer
an imprisonment of not less than one (1) year and a fine of not less than one thousand, (P1,000.00)
pesos. The survey, classification or release of forest lands shall be null and void.
Tax declaration on real property. Imprisonment for a period of not less than two (2) nor more than four
(4) years and perpetual disqualification from holding an elective or appointive office, shall be imposed
upon any public officer or employee who shall issue a tax declaration on real property without a
certification from the Director of Forest Development and the Director of Lands or their duly designated
representatives that the area declared for taxation is alienable and disposable lands, unless the property
is titled or has been occupied and possessed by members of the national cultural minorities prior to July
4, 1955.
Coercion and influence. Any person who coerces, influences, abets or persuades the public officer or employee referred to in
the two preceding sections to commit any of the acts mentioned therein shall suffer imprisonment of not less than one (1) year
and pay a fine of five hundred (P500.00) pesos for every hectare or a fraction thereof so improperly surveyed, classified or
released.
Unlawful possession of implements and devices used by forest officers. Imprisonment for a period of not less than (2) nor more
than four (4) years and a fine of not less than one thousand pesos (P1,000.00), nor more than ten thousand (P10,000.00) pesos
in addition to the confiscation of such implements and devices, and the automatic cancellation of the license agreement, lease,
license or permit, if the offender is a holder thereof, shall be imposed upon any person who shall, without authority from the
Director or his authorized representative, make, manufacture, or has in his possession any government marking, hatchet or
other marking implement, or any marker, poster, or other devices officially used by officers of the Bureau for the marking or
identification of timber or other products, or any duplicate, counterfeit, or imitation thereof, or make or apply a government
mark on timber or any other forest products by means of any authentic or counterfeit device, or alter, deface, or remove
government marks or signs, from trees, logs, stumps, firewoods or other forest products, or destroy, deface, remove or disfigure
any such mark, sign, poster or warning notices set by the Bureau to designate the boundaries of cutting areas, municipal or city
forest or pasture, classified timber land, forest reserve, and areas under the national park system or to make any false mark or
imitation of any mark or sign herein indicated; Provided, That if the offender is a corporation, partnership or association, the
officers and directors thereof shall be liable.
REPUBLIC ACT NO. 9147
AN ACT PROVIDING FOR THE CONSERVATION AND PROTECTION OF
WILDLIFE RESOURCES AND THEIR HABITATS, APPROPRIATING FUNDS
THEREFOR AND FOR OTHER PURPOSES
This act shall be known as the "Wildlife Resources Conservation and Protection
Act.“
Declaration of Policy. It shall be the policy of the State to conserve the country's
wildlife resources and their habitats for sustainability. In the pursuit of this policy,
this Act shall have the following objectives:
(a) to conserve and protect wildlife species and their habitats to promote ecological
balance and enhance biological diversity;
(b) to regulate the collection and trade of wildlife;
(c) to pursue, with due regard to the national interest, the Philippine commitment to
international conventions, protection of wildlife and their habitats; and
(d) to initiate or support scientific studies on the conservation of biological diversity.
Jurisdiction of the Department of
Environment and Natural Resources and
the Department of Agriculture
The Department of Environment and Natural Resources (DENR) shall have jurisdiction over all
terrestrial plant and animal species, all turtles and tortoises and wetland species, including but not limited to
crocodiles, waterbirds and all amphibians and dugong. The Department of Agriculture (DA) shall have
jurisdiction over all declared aquatic critical habitats, all aquatic resources including but not limited to all
fishes, aquatic plants, invertebrates and all marine mammals, except dugong. The secretaries of the DENR
and the DA shall review, and by joint administrative order, revise and regularly update the list of species
under their respective jurisdiction. In the Province of Palawan, jurisdiction herein conferred is vested to the
Palawan Council for Sustainable Development pursuant to Republic Act No. 7611.
DETERMINATION OF THREATENED SPECIES
The Secretary shall determine whether any wildlife species or subspecies is threatened, and
classify the same as critically endangered, endangered, vulnerable or other accepted categories
based on the best scientific data and with due regard to internationally accepted criteria, including
but not limited to the following:
(a) present or threatened destruction, modification or curtailment of its habitat or range;
(b) over-utilization for commercial, recreational, scientific or educational purposes;
(c) inadequacy of existing regulatory mechanisms; and
(d) other natural or man-made factors affecting the existence of wildlife.
ILLEGAL ACTS
Unless otherwise allowed in accordance with this Act, it shall be unlawful for any person to willfully and knowingly
exploit wildlife resources and their habitats, or undertake the following acts;
(a) killing and destroying wildlife species, except in the following instances;
(i) when it is done as part of the religious rituals of established tribal groups or indigenous cultural communities;
(ii) when the wildlife is afflicted with an incurable communicable disease;
(iii) when it is deemed necessary to put an end to the misery suffered by the wildlife;
(iv) when it is done to prevent an imminent danger to the life or limb of a human being; and
(v) when the wildlife is killed or destroyed after it has been used in authorized research or experiments.
(b) inflicting injury which cripples and/or impairs the reproductive system of wildlife species;
(c) effecting any of the following acts in critical habitat(s)
(i) dumping of waste products detrimental to wildlife;
(ii) squatting or otherwise occupying any portion of the critical habitat;
(iii) mineral exploration and/or extraction;
(iv) burning;
(v) logging; and
(vi) quarrying
(d) introduction, reintroduction or restocking of wildlife resources;
(e) trading of 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.
REPUBLIC ACT NO. 8550
Importation or Exportation of Fish or Fishery Species. — Any importation or exportation of fish or fisheries
species in violation of this Code shall be punished by eight (8) years of imprisonment, a fine of Eighty
thousand pesos (P80,000.00) and destruction of live fishery species or forfeiture of non-live fishery species
in favor of the department for its proper disposition: Provided, That violator of this provision shall be banned
from being members or stock holders of companies currently engaged in fisheries or companies to be
created in the future, the guidelines for which shall be promulgated by the Department.
Violation of Catch Ceilings. — It shall be unlawful for any person to fish in violation
of catch ceilings as determined by the Department. Violation of the provision of this
section shall be punished by imprisonment of six (6) months and one (1) day to six
(6) years and/or a fine of Fifty thousand pesos (P50,000.00) and forfeiture of the
catch, and fishing equipment used and revocation of license.
Aquatic Pollution. — Aquatic pollution, as defined in this Code shall be unlawful.
Violation of the provision of this section shall be punished by imprisonment of six
(6) years and one (1) day to twelve (12) years and/or a fine of Eighty thousand
pesos (P80,000.00) plus an additional fine of Eight thousand pesos (P8,000.00)
per day until such violation ceases and the fines paid.