Republic Act No.

7192
"Women in Development and Nation Building Act"
AN ACT PROMOTING THE INTEGRATION OF WOMEN AS FULL AND EQUAL PARTNERS
OF MEN IN DEVELOPMENT AND NATION BUILDING AND FOR OTHER PURPOSES.

REPUBLIC ACT NO. 7192

AN ACT PROMOTING THE INTEGRATION OF WOMEN AS FULL AND EQUAL
PARTNERS OF MEN IN DEVELOPMENT AND NATION BUILDING AND FOR
OTHER PURPOSES.

Section 1. Title. This Act shall be cited as the "Women in Development and
Nation Building Act."

Sec. 2. Declaration of Policy. The State recognizes the role of women in
nation building and shall ensure the fundamental equality before the law of
women and men. The State shall provided women rights and opportunities
equal to that of men.
To attain the foregoing policy:
(1) A substantial portion of official development assistance funds received from
foreign governments and multilateral agencies and organizations shall be set
aside and utilized by the agencies concerned to support programs and
activities for women;
(2) All government departments shall ensure that women benefit equally and
participate directly in the development programs and projects of said
department, specifically those funded under official foreign development
assistance, to ensure the full participation and involvement of women in the
development process; and
(3) All government departments and agencies shall review and revise all their
regulations, circulars, issuances and procedures to remove gender bias therein.

Sec. 3. Responsible Agency. The National Economic and Development
Authority (NEDA) shall primarily be responsible for ensuring the
participation of women as recipients in foreign aid, grants and loans. It shall
determine and recommend the amount to be allocated for the development
activity involving women.

Sec. 4. Mandate. The NEDA, with the assistance of the National
Commission on the Role of Filipino Women, shall ensure that the different
government departments, including its agencies and instrumentalities which,
directly or indirectly, affect the participation of women in national
development and their integration therein:

(1) Formulate and prioritize rural or countryside development programs or
projects, provide income and employment opportunities to women in the rural
areas and thus, prevent their heavy migration from rural to urban or foreign
countries;
(2) Include an assessment of the extent to which their programs and/or
projects integrate women in the development process and of the impact of said
programs or projects on women, including their implications in enhancing the
self-reliance of women in improving their income;
(3) Ensure the active participation of women and women's organizations in the
development programs and/or projects including their involvement in the
planning, design, implementation, management, monitoring and evaluation
thereof;
(4) Collect sex-disaggregated data and include such data in its program/project
paper, proposal or strategy;
(5) Ensure that programs and/or projects are designed so that the percentage of
women who receive assistance is approximately proportionate to either their
traditional participation in the targeted activities or their proportion of the
population, whichever is higher. Otherwise, the following should be stated in
the program/project paper, proposal or strategy;
(a) The obstacle in achieving the goal;
(b) The steps being taken to overcome those obstacles; and
(c) To the extent that steps are not being taken to overcome those obstacles,
why they are not being taken.
(6) Assist women in activities that are of critical significance to their self-
reliance and development.

Sec. 5. Equality in Capacity to Act. Women of legal age, regardless of civil
status, shall have the capacity to act and enter into contracts which shall in
every respect be equal to that of men under similar circumstances. In all
contractual situations where married men have the capacity to act, married
women shall have equal rights.
To this end:
(1) Women shall have the capacity to borrow and obtain loans and execute
security and credit arrangement under the same conditions as men;
(2) Women shall have equal access to all government and private sector
programs granting agricultural credit, loans and non-material resources and
shall enjoy equal treatment in agrarian reform and land resettlement
programs;
(3) Women shall have equal rights to act as incorporators and enter into
insurance contracts; and
(4) Married women shall have rights equal to those of married men in applying
for passport, secure visas and other travel documents, without need to secure
the consent of their spouses.

In all other similar contractual relations, women shall enjoy equal rights and
shall have the capacity to act which shall in every respect be equal to those of
men under similar circumstances.

Sec. 6. Equal Membership in Clubs. Women shall enjoy equal access to
membership in all social, civic and recreational clubs, committees, associations
and similar other organizations devoted to public purpose. They shall be
entitled to the same rights and privileges accorded to their spouses if they
belong to the same organization.
Sec. 7. Admission to Military Schools. Any provision of the law to the
contrary notwithstanding, consistent with the needs of the services, women
shall be accorded equal opportunities for appointment, admission, training,
graduation and commissioning in all military or similar schools of the Armed
Forces of the Philippines and the Philippine National Police not later than the
fourth academic year following the approval of this Act in accordance with the
standards required for men except for those minimum essential adjustments
required by physiological differences between sexes.
Sec. 8. Voluntary Pag-IBIG, GSIS and SSS Coverage. Married persons who
devote full time to managing the household and family affairs shall, upon the
working spouse's consent, be entitled to voluntary Pag-IBIG (Pagtutulungan
Ikaw, Bangko, Industriya at Gobyerno), Government Service Insurance System
(GSIS) or Social Security System (SSS) coverage to the extent of one-half (1/2) of
the salary and compensation of the working spouse. The contributions due
thereon shall be deducted from the salary of the working spouse.
The GSIS or the SSS, as the case may be, shall issue rules and regulations
necessary to effectively implement the provisions of this section. Sec.
9. Implementing Rules. The NEDA, in consultation with the different
government agencies concerned, shall issue rules and regulations as may be
necessary for the effective implementation of Sections 2, 3 and 4, of this Act
within six (6) months from its effectivity.
Sec. 10. Compliance Report. Within six (6) months from the effectivity of
this Act and every six (6) months thereafter, all government departments,
including its agencies and instrumentalities, shall submit a report to Congress
on their compliance with this Act.
Sec. 11. Separability Clause. If for any reason any section or provision of this
Act is declared unconstitutional or invalid, the other sections or provisions
hereof which are not affected thereby shall continue to be in full force and
effect.
Sec. 12. Repealing Clause. The provisions of Republic Act No. 386, otherwise
known as the Civil Code of the Philippines, as amended, and of Executive Order
No. 209, otherwise known as the Family Code of the Philippines, and all laws,
decrees, executive orders, proclamations, rules and regulations, or parts
thereof, inconsistent herewith are hereby repealed.
Sec. 13. Effectivity Clause. The rights of women and all the provisions of this
Act shall take effect immediately upon its publication in the Official Gazette or
in two (2) newspapers of general circulation.




















Republic Act No. 7610 June 17, 1992
AN ACT PROVIDING FOR STRONGER DETERRENCE AND SPECIAL PROTECTION AGAINST CHILD
ABUSE, EXPLOITATION AND DISCRIMINATION, AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled::
ARTICLE I
Title, Policy, Principles and Definitions of Terms
Section 1. Title. This Act shall be known as the "Special Protection of Children
Against Abuse, Exploitation and Discrimination Act."
Section 2. Declaration of State Policy and Principles. It is hereby declared to be
the policy of the State to provide special protection to children from all firms of
abuse, neglect, cruelty exploitation and discrimination and other conditions,
prejudicial their development; provide sanctions for their commission and carry
out a program for prevention and deterrence of and crisis intervention in
situations of child abuse, exploitation and discrimination. The State shall
intervene on behalf of the child when the parent, guardian, teacher or person
having care or custody of the child fails or is unable to protect the child against
abuse, exploitation and discrimination or when such acts against the child are
committed by the said parent, guardian, teacher or person having care and
custody of the same.1awphi1@alf
It shall be the policy of the State to protect and rehabilitate children gravely
threatened or endangered by circumstances which affect or will affect their
survival and normal development and over which they have no control.
The best interests of children shall be the paramount consideration in all actions
concerning them, whether undertaken by public or private social welfare
institutions, courts of law, administrative authorities, and legislative bodies,
consistent with the principle of First Call for Children as enunciated in the United
Nations Convention of the Rights of the Child. Every effort shall be exerted to
promote the welfare of children and enhance their opportunities for a useful and
happy life.
Section 3. Definition of Terms.
(a) "Children" refers to person below eighteen (18) years of age or those over but
are unable to fully take care of themselves or protect themselves from abuse,
neglect, cruelty, exploitation or discrimination because of a physical or mental
disability or condition;
(b) "Child abuse" refers to the maltreatment, whether habitual or not, of
the child which includes any of the following:
(1) Psychological and physical abuse, neglect, cruelty, sexual abuse
and emotional maltreatment;
(2) Any act by deeds or words which debases, degrades or demeans
the intrinsic worth and dignity of a child as a human being;
(3) Unreasonable deprivation of his basic needs for survival, such as
food and shelter; or
(4) Failure to immediately give medical treatment to an injured child
resulting in serious impairment of his growth and development or in
his permanent incapacity or death.
(c) "Circumstances which gravely threaten or endanger the survival and
normal development of children" include, but are not limited to, the
following;
(1) Being in a community where there is armed conflict or being
affected by armed conflict-related activities;
(2) Working under conditions hazardous to life, safety and normal
which unduly interfere with their normal development;
(3) Living in or fending for themselves in the streets of urban or rural
areas without the care of parents or a guardian or basic services
needed for a good quality of life;
(4) Being a member of a indigenous cultural community and/or
living under conditions of extreme poverty or in an area which is
underdeveloped and/or lacks or has inadequate access to basic
services needed for a good quality of life;
(5) Being a victim of a man-made or natural disaster or calamity; or
(6) Circumstances analogous to those abovestated which endanger the
life, safety or normal development of children.
(d) "Comprehensive program against child abuse, exploitation and
discrimination" refers to the coordinated program of services and
facilities to protected children against:
(1) Child Prostitution and other sexual abuse;
(2) Child trafficking;
(3) Obscene publications and indecent shows;
(4) Other acts of abuses; and
(5) Circumstances which threaten or endanger the survival and normal
development of children.1awphi1
ARTICLE II
Program on Child Abuse, Exploitation and Discrimination
Section 4. Formulation of the Program. There shall be a comprehensive program
to be formulated, by the Department of Justice and the Department of Social
Welfare and Development in coordination with other government agencies and
private sector concerned, within one (1) year from the effectivity of this Act, to
protect children against child prostitution and other sexual abuse; child
trafficking, obscene publications and indecent shows; other acts of abuse; and
circumstances which endanger child survival and normal development.
ARTICLE III
Child Prostitution and Other Sexual Abuse
Section 5. Child Prostitution and Other Sexual Abuse. Children, whether male or
female, who for money, profit, or any other consideration or due to the coercion
or influence of any adult, syndicate or group, indulge in sexual intercourse or
lascivious conduct, are deemed to be children exploited in prostitution and other
sexual abuse.
The penalty of reclusion temporal in its medium period to reclusion perpetua shall
be imposed upon the following:
(a) Those who engage in or promote, facilitate or induce child prostitution
which include, but are not limited to, the following:
(1) Acting as a procurer of a child prostitute;
(2) Inducing a person to be a client of a child prostitute by means of
written or oral advertisements or other similar means;
(3) Taking advantage of influence or relationship to procure a child as
prostitute;
(4) Threatening or using violence towards a child to engage him as a
prostitute; or
(5) Giving monetary consideration goods or other pecuniary benefit to a
child with intent to engage such child in prostitution.
(b) Those who commit the act of sexual intercourse of lascivious conduct with
a child exploited in prostitution or subject to other sexual abuse; Provided,
That when the victims is under twelve (12) years of age, the perpetrators shall
be prosecuted under Article 335, paragraph 3, for rape and Article 336 of Act
No. 3815, as amended, the Revised Penal Code, for rape or lascivious conduct,
as the case may be: Provided, That the penalty for lascivious conduct when
the victim is under twelve (12) years of age shall be reclusion temporal in its
medium period; and
(c) Those who derive profit or advantage therefrom, whether as manager or
owner of the establishment where the prostitution takes place, or of the
sauna, disco, bar, resort, place of entertainment or establishment serving as a
cover or which engages in prostitution in addition to the activity for which
the license has been issued to said establishment.
Section 6. Attempt To Commit Child Prostitution. There is an attempt to commit
child prostitution under Section 5, paragraph (a) hereof when any person who, not
being a relative of a child, is found alone with the said child inside the room or
cubicle of a house, an inn, hotel, motel, pension house, apartelle or other similar
establishments, vessel, vehicle or any other hidden or secluded area under
circumstances which would lead a reasonable person to believe that the child is
about to be exploited in prostitution and other sexual abuse.
There is also an attempt to commit child prostitution, under paragraph (b) of
Section 5 hereof when any person is receiving services from a child in a sauna
parlor or bath, massage clinic, health club and other similar establishments. A
penalty lower by two (2) degrees than that prescribed for the consummated felony
under Section 5 hereof shall be imposed upon the principals of the attempt to
commit the crime of child prostitution under this Act, or, in the proper case,
under the Revised Penal Code.
ARTICLE IV
Child Trafficking
Section 7. Child Trafficking. Any person who shall engage in trading and dealing
with children including, but not limited to, the act of buying and selling of a child
for money, or for any other consideration, or barter, shall suffer the penalty of
reclusion temporal to reclusion perpetua. The penalty shall be imposed in its
maximum period when the victim is under twelve (12) years of age.
Section 8. Attempt to Commit Child Trafficking. There is an attempt to commit
child trafficking under Section 7 of this Act:1awphi1@alf
(a) When a child travels alone to a foreign country without valid reason
therefor and without clearance issued by the Department of Social Welfare
and Development or written permit or justification from the child's parents or
legal guardian;
(c) When a person, agency, establishment or child-caring institution recruits
women or couples to bear children for the purpose of child trafficking; or
(d) When a doctor, hospital or clinic official or employee, nurse, midwife, local
civil registrar or any other person simulates birth for the purpose of child
trafficking; or
(e) When a person engages in the act of finding children among low-income
families, hospitals, clinics, nurseries, day-care centers, or other child-during
institutions who can be offered for the purpose of child trafficking.
A penalty lower two (2) degrees than that prescribed for the consummated felony
under Section 7 hereof shall be imposed upon the principals of the attempt to
commit child trafficking under this Act.
ARTICLE V
Obscene Publications and Indecent Shows
Section 9. Obscene Publications and Indecent Shows. Any person who shall hire,
employ, use, persuade, induce or coerce a child to perform in obscene exhibitions
and indecent shows, whether live or in video, or model in obscene publications or
pornographic materials or to sell or distribute the said materials shall suffer the
penalty of prision mayor in its medium period.
If the child used as a performer, subject or seller/distributor is below twelve (12)
years of age, the penalty shall be imposed in its maximum period.
Any ascendant, guardian, or person entrusted in any capacity with the care of a
child who shall cause and/or allow such child to be employed or to participate in
an obscene play, scene, act, movie or show or in any other acts covered by this
section shall suffer the penalty of prision mayor in its medium period.
ARTICLE VI
Other Acts of Abuse
Section 10. Other Acts of Neglect, Abuse, Cruelty or Exploitation and Other
Conditions Prejudicial to the Child's Development.
(a) Any person who shall commit any other acts of child abuse, cruelty or
exploitation or to be responsible for other conditions prejudicial to the child's
development including those covered by Article 59 of Presidential Decree No.
603, as amended, but not covered by the Revised Penal Code, as amended,
shall suffer the penalty of prision mayor in its minimum period.
(b) Any person who shall keep or have in his company a minor, twelve (12)
years or under or who in ten (10) years or more his junior in any public or
private place, hotel, motel, beer joint, discotheque, cabaret, pension house,
sauna or massage parlor, beach and/or other tourist resort or similar places
shall suffer the penalty of prision mayor in its maximum period and a fine of
not less than Fifty thousand pesos (P50,000): Provided, That this provision
shall not apply to any person who is related within the fourth degree of
consanguinity or affinity or any bond recognized by law, local custom and
tradition or acts in the performance of a social, moral or legal duty.
(c) Any person who shall induce, deliver or offer a minor to any one
prohibited by this Act to keep or have in his company a minor as provided in
the preceding paragraph shall suffer the penalty of prision mayor in its
medium period and a fine of not less than Forty thousand pesos (P40,000);
Provided, however, That should the perpetrator be an ascendant, stepparent
or guardian of the minor, the penalty to be imposed shall be prision mayor in
its maximum period, a fine of not less than Fifty thousand pesos (P50,000),
and the loss of parental authority over the minor.
(d) Any person, owner, manager or one entrusted with the operation of any
public or private place of accommodation, whether for occupancy, food, drink
or otherwise, including residential places, who allows any person to take
along with him to such place or places any minor herein described shall be
imposed a penalty of prision mayor in its medium period and a fine of not
less than Fifty thousand pesos (P50,000), and the loss of the license to operate
such a place or establishment.
(e) Any person who shall use, coerce, force or intimidate a street child or any
other child to;
(1) Beg or use begging as a means of living;
(2) Act as conduit or middlemen in drug trafficking or pushing; or
(3) Conduct any illegal activities, shall suffer the penalty of prision
correccional in its medium period to reclusion perpetua.
For purposes of this Act, the penalty for the commission of acts punishable under
Articles 248, 249, 262, paragraph 2, and 263, paragraph 1 of Act No. 3815, as
amended, the Revised Penal Code, for the crimes of murder, homicide, other
intentional mutilation, and serious physical injuries, respectively, shall be
reclusion perpetua when the victim is under twelve (12) years of age. The penalty
for the commission of acts punishable under Article 337, 339, 340 and 341 of Act
No. 3815, as amended, the Revised Penal Code, for the crimes of qualified
seduction, acts of lasciviousness with the consent of the offended party, corruption
of minors, and white slave trade, respectively, shall be one (1) degree higher than
that imposed by law when the victim is under twelve (12) years age.
The victim of the acts committed under this section shall be entrusted to the care
of the Department of Social Welfare and Development.
ARTICLE VII
Sanctions for Establishments or Enterprises
Section 11. Sanctions of Establishments or Enterprises which Promote, Facilitate,
or Conduct Activities Constituting Child Prostitution and Other Sexual Abuse,
Child Trafficking, Obscene Publications and Indecent Shows, and Other Acts of
Abuse. All establishments and enterprises which promote or facilitate child
prostitution and other sexual abuse, child trafficking, obscene publications and
indecent shows, and other acts of abuse shall be immediately closed and their
authority or license to operate cancelled, without prejudice to the owner or
manager thereof being prosecuted under this Act and/or the Revised Penal Code,
as amended, or special laws. A sign with the words "off limits" shall be
conspicuously displayed outside the establishments or enterprises by the
Department of Social Welfare and Development for such period which shall not
be less than one (1) year, as the Department may determine. The unauthorized
removal of such sign shall be punishable by prision correccional.
An establishment shall be deemed to promote or facilitate child prostitution and
other sexual abuse, child trafficking, obscene publications and indecent shows,
and other acts of abuse if the acts constituting the same occur in the premises of
said establishment under this Act or in violation of the Revised Penal Code, as
amended. An enterprise such as a sauna, travel agency, or recruitment agency
which: promotes the aforementioned acts as part of a tour for foreign tourists;
exhibits children in a lewd or indecent show; provides child masseurs for adults of
the same or opposite sex and said services include any lascivious conduct with the
customers; or solicits children or activities constituting the aforementioned acts
shall be deemed to have committed the acts penalized herein.
ARTICLE VIII
Working Children
Section 12. Employment of Children. Children below fifteen (15) years of age may
be employed except:
(1) When a child works directly under the sole responsibility of his parents
or legal guardian and where only members of the employer's family are
employed: Provided, however, That his employment neither endangers his
life, safety and health and morals, nor impairs his normal development:
Provided, further, That the parent or legal guardian shall provide the
said minor child with the prescribed primary and/or secondary
education; or
(2) When a child's employment or participation in public & entertainment
or information through cinema, theater, radio or television is essential:
Provided, The employment contract concluded by the child's parent or
guardian, with the express agreement of the child concerned, if possible,
and the approval of the Department of Labor and Employment:
Provided, That the following requirements in all instances are strictly
complied with:
(a) The employer shall ensure the protection, health, safety and morals of
the child;
(b) the employer shall institute measures to prevent the child's
exploitation or discrimination taking into account the system and level
of remuneration, and the duration and arrangement of working time;
and;
(c) The employer shall formulate and implement, subject to the approval
and supervision of competent authorities, a continuing program for
training and skill acquisition of the child.
In the above exceptional cases where any such child may be employed, the
employer shall first secure, before engaging such child, a work permit from the
Department of Labor and Employment which shall ensure observance of the
above requirement.
The Department of Labor Employment shall promulgate rules and regulations
necessary for the effective implementation of this Section.
Section 13. Non-formal Education for Working Children. The Department of
Education, Culture and Sports shall promulgate a course design under its non-
formal education program aimed at promoting the intellectual, moral and
vocational efficiency of working children who have not undergone or finished
elementary or secondary education. Such course design shall integrate the
learning process deemed most effective under given circumstances.
Section 14. Prohibition on the Employment of Children in Certain Advertisements.
No person shall employ child models in all commercials or advertisements
promoting alcoholic beverages, intoxicating drinks, tobacco and its byproducts
and violence.
Section 15. Duty of Employer. Every employer shall comply with the duties
provided for in Articles 108 and 109 of Presidential Decree No. 603.
Section 16. Penalties. Any person who shall violate any provision of this Article
shall suffer the penalty of a fine of not less than One thousand pesos (P1,000) but
not more than Ten thousand pesos (P10,000) or imprisonment of not less than
three (3) months but not more than three (3) years, or both at the discretion of the
court; Provided, That, in case of repeated violations of the provisions of this
Article, the offender's license to operate shall be revoked.
ARTICLE IX
Children of Indigenous Cultural Communities
Section 17. Survival, Protection and Development. In addition to the rights
guaranteed to children under this Act and other existing laws, children of
indigenous cultural communities shall be entitled to protection, survival and
development consistent with the customs and traditions of their respective
communities.
Section 18. System of and Access to Education. The Department of Education,
Culture and Sports shall develop and institute an alternative system of education
for children of indigenous cultural communities which culture-specific and
relevant to the needs of and the existing situation in their communities. The
Department of Education, Culture and Sports shall also accredit and support non-
formal but functional indigenous educational programs conducted by non-
government organizations in said communities.
Section 19. Health and Nutrition. The delivery of basic social services in health
and nutrition to children of indigenous cultural communities shall be given
priority by all government agencies concerned. Hospitals and other health
institution shall ensure that children of indigenous cultural communities are
given equal attention. In the provision of health and nutrition services to children
of indigenous cultural communities, indigenous health practices shall be respected
and recognized.
Section 20. Discrimination. Children of indigenous cultural communities shall
not be subjected to any and all forms of discrimination.
Any person who discriminate against children of indigenous cultural
communities shall suffer a penalty of arresto mayor in its maximum period and a
fine of not less than Five thousand pesos (P5,000) more than Ten thousand pesos
(P10,000).
Section 21. Participation. Indigenous cultural communities, through their duly-
designated or appointed representatives shall be involved in planning, decision-
making implementation, and evaluation of all government programs affecting
children of indigenous cultural communities. Indigenous institution shall also be
recognized and respected.
ARTICLE X
Children in Situations of Armed Conflict
Section 22. Children as Zones of Peace. Children are hereby declared as Zones of
Peace. It shall be the responsibility of the State and all other sectors concerned to
resolve armed conflicts in order to promote the goal of children as zones of peace.
To attain this objective, the following policies shall be observed.
(a) Children shall not be the object of attack and shall be entitled to
special respect. They shall be protected from any form of threat, assault,
torture or other cruel, inhumane or degrading treatment;
(b) Children shall not be recruited to become members of the Armed
Forces of the Philippines of its civilian units or other armed groups, nor
be allowed to take part in the fighting, or used as guides, couriers, or
spies;
(c) Delivery of basic social services such as education, primary health and
emergency relief services shall be kept unhampered;
(d) The safety and protection of those who provide services including
those involved in fact-finding missions from both government and non-
government institutions shall be ensured. They shall not be subjected to
undue harassment in the performance of their work;
(e) Public infrastructure such as schools, hospitals and rural health units
shall not be utilized for military purposes such as command posts,
barracks, detachments, and supply depots; and
(f) All appropriate steps shall be taken to facilitate the reunion of families
temporarily separated due to armed conflict.
Section 23. Evacuation of Children During Armed Conflict. Children shall be
given priority during evacuation as a result of armed conflict. Existing
community organizations shall be tapped to look after the safety and well-being of
children during evacuation operations. Measures shall be taken to ensure that
children evacuated are accompanied by persons responsible for their safety and
well-being.
Section 24. Family Life and Temporary Shelter. Whenever possible, members of
the same family shall be housed in the same premises and given separate
accommodation from other evacuees and provided with facilities to lead a normal
family life. In places of temporary shelter, expectant and nursing mothers and
children shall be given additional food in proportion to their physiological needs.
Whenever feasible, children shall be given opportunities for physical exercise,
sports and outdoor games.
Section 25. Rights of Children Arrested for Reasons Related to Armed Conflict.
Any child who has been arrested for reasons related to armed conflict, either as
combatant, courier, guide or spy is entitled to the following rights;
(a) Separate detention from adults except where families are
accommodated as family units;
(b) Immediate free legal assistance;
(c) Immediate notice of such arrest to the parents or guardians of the child;
and
(d) Release of the child on recognizance within twenty-four (24) hours to the
custody of the Department of Social Welfare and Development or any
responsible member of the community as determined by the court.
If after hearing the evidence in the proper proceedings the court should find that
the aforesaid child committed the acts charged against him, the court shall
determine the imposable penalty, including any civil liability chargeable against
him. However, instead of pronouncing judgment of conviction, the court shall
suspend all further proceedings and shall commit such child to the custody or care
of the Department of Social Welfare and Development or to any training
institution operated by the Government, or duly-licensed agencies or any other
responsible person, until he has had reached eighteen (18) years of age or, for a
shorter period as the court may deem proper, after considering the reports and
recommendations of the Department of Social Welfare and Development or the
agency or responsible individual under whose care he has been committed.
The aforesaid child shall subject to visitation and supervision by a representative
of the Department of Social Welfare and Development or any duly-licensed
agency or such other officer as the court may designate subject to such conditions
as it may prescribe.
The aforesaid child whose sentence is suspended can appeal from the order of the
court in the same manner as appeals in criminal cases.
Section 26. Monitoring and Reporting of Children in Situations of Armed Conflict.
The chairman of the barangay affected by the armed conflict shall submit the
names of children residing in said barangay to the municipal social welfare and
development officer within twenty-four (24) hours from the occurrence of the
armed conflict.
ARTICLE XI
Remedial Procedures
Section 27. Who May File a Complaint. Complaints on cases of unlawful acts
committed against the children as enumerated herein may be filed by the
following:
(a) Offended party;
(b) Parents or guardians;
(c) Ascendant or collateral relative within the third degree of
consanguinity;1awphi1@ITC
(d) Officer, social worker or representative of a licensed child-caring
institution;
(e) Officer or social worker of the Department of Social Welfare and
Development;
(f) Barangay chairman; or
(g) At least three (3) concerned responsible citizens where the violation
occurred.
Section 28. Protective Custody of the Child. The offended party shall be
immediately placed under the protective custody of the Department of Social
Welfare and Development pursuant to Executive Order No. 56, series of 1986. In
the regular performance of this function, the officer of the Department of Social
Welfare and Development shall be free from any administrative, civil or criminal
liability. Custody proceedings shall be in accordance with the provisions of
Presidential Decree No. 603.
Section 29. Confidentiality. At the instance of the offended party, his name may
be withheld from the public until the court acquires jurisdiction over the case.
It shall be unlawful for any editor, publisher, and reporter or columnist in case of
printed materials, announcer or producer in case of television and radio
broadcasting, producer and director of the film in case of the movie industry, to
cause undue and sensationalized publicity of any case of violation of this Act
which results in the moral degradation and suffering of the offended
party.Lawphi1@alf
Section 30. Special Court Proceedings. Cases involving violations of this Act shall
be heard in the chambers of the judge of the Regional Trial Court duly designated
as Juvenile and Domestic Court.
Any provision of existing law to the contrary notwithstanding and with the
exception of habeas corpus, election cases, and cases involving detention prisoners
and persons covered by Republic Act No. 4908, all courts shall give preference to
the hearing or disposition of cases involving violations of this Act.
ARTICLE XII
Common Penal Provisions
Section 31. Common Penal Provisions.
(a) The penalty provided under this Act shall be imposed in its maximum
period if the offender has been previously convicted under this Act;
(b) When the offender is a corporation, partnership or association, the
officer or employee thereof who is responsible for the violation of this Act
shall suffer the penalty imposed in its maximum period;
(c) The penalty provided herein shall be imposed in its maximum period
when the perpetrator is an ascendant, parent guardian, stepparent or
collateral relative within the second degree of consanguinity or affinity,
or a manager or owner of an establishment which has no license to
operate or its license has expired or has been revoked;
(d) When the offender is a foreigner, he shall be deported immediately
after service of sentence and forever barred from entry to the country;
(e) The penalty provided for in this Act shall be imposed in its maximum
period if the offender is a public officer or employee: Provided, however,
That if the penalty imposed is reclusion perpetua or reclusion temporal,
then the penalty of perpetual or temporary absolute disqualification shall
also be imposed: Provided, finally, That if the penalty imposed is prision
correccional or arresto mayor, the penalty of suspension shall also be
imposed; and
(f) A fine to be determined by the court shall be imposed and
administered as a cash fund by the Department of Social Welfare and
Development and disbursed for the rehabilitation of each child victim, or
any immediate member of his family if the latter is the perpetrator of the
offense.






































Republic Act No. 9857
AN ACT GRANTING THE SCHUTZENGEL TELECOM, INC. A FRANCHISE TO CONSTRUCT, INSTALL,
ESTABLISH, OPERATE AND MAINTAIN TELECOMMUNICATIONS SYSTEMS THROUGHOUT THE
PHILIPPINES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
Section 1. Nature and Scope of Franchise. - Subject to the provisions of the
Constitution and applicable laws, rules and regulations, there is hereby granted to
Schutzengel Telecom, Inc., hereunder referred to as the grantee, its successors or
assigns, a franchise to construct, install, establish, operate and maintain for
commercial purposes and in the public interest, throughout the Philippines and
between the Philippines and other countries and territories, wire and/or wireless
telecommunications systems, multi - media systems, networks, stations, services
including, but not limited to, fixed, mobile, cellular, paging systems, digital trunk
radio systems, fiber optics, multi - channel multi - point distribution system
(MMDS), local multi - point distribution system (LMDS), terrestrial, submarine
and satellite transmit and receive systems, switches, gateway stations and their
value - added or enhanced services such as, but not limited to, transmission and
reception of impressions, pictures, music, voice, data, facsimile, control signs,
audio and video, information services bureau and all other telecommunications
systems, including information and communications technologies (lCT), as are at
present available or will be made available through technological advances,
evolution or innovations in the future; and/or to construct, install, acquire, lease
and operate, maintain or manage terrestrial, submarine or satellite transmitting
and receiving and/or landing stations, lines, microwave, optical fiber cables or
systems, whether digital or analogue, for local and international services, as is, or
are, convenient or essential to efficiently carry out the purpose of this franchise.
Section 2. Manner of Operation of Stations or Facilities. - The stations or facilities
of the grantee shall be constructed and operated in a manner as will at most
result only in the minimum interference on the wavelengths or frequencies of
existing stations or other stations which may be established by law, without in
any way diminishing its own right to use its selected wavelengths or frequencies
and the quality of transmission or reception thereon as should maximize
rendition of the grantee's services and/or the availability thereof.
Section 3. Authority of the National Telecommunications Commission. - The
grantee shall secure from the National Telecommunications Commission (NTC),
hereinafter referred to as the Commission, a certificate of public convenience and
necessity or the appropriate permits and licenses for the construction, installation
and operation of its telecommunications systems/facilities. In issuing the
certificate, the Commission shall have the power to impose such conditions
relative to the construction, operation, maintenance or service level of the
telecommunications system. The Commission shall have the authority to regulate
the construction and operation of its telecommunications systems. The grantee
shall not use any frequency in the radio spectrum without having been
authorized by the Commission. Such certificate shall state the areas covered and
the date the grantee shall commence the service. The Commission, however, shall
not unreasonably withhold or delay the grant of any such authority, permits or
licenses.
Section 4. Eminent Domain. - The grantee may acquire such private property as
is actually necessary for the realization of the purposes for which this franchise is
granted: Provided, That in case the owner refuses to sell or allow the use thereof,
the proper proceedings shall be instituted: Provided, further, That just
compensation is paid.
Section 5. Ingress and Egress. - For the purpose of erecting and maintaining poles
or other supports for said wires or other conductors for the purpose of laying and
maintaining underground wires, cables or other conductors, it shall be lawful for
the grantee, its successors or assigns, with the prior approval of the Department
of Public Works and Highways (DPWH), to make excavations or lay conduits in
any of the public places, highways, streets, lanes, alleys, avenues, sidewalks or
bridges of the said province, cities and/or municipalities; Provided, however, '!'hat
a public place, highway, street, Jane, alley, avenue, sidewalk or bridge disturbed,
altered or changed by reason of erection of poles or other supports, or the
underground laying of wires, other conductors or conduits, shall be repaired and
replaced in workmanlike manner by the said grantee, its successors or assigns, in
accordance with the standards set by the DPWH. Should the grantee, its
successors or assigns, after the ten (10) - day notice from the said authority, fail,
refuse or neglect to repair or replace any part of pub he place, road, highway,
street, lane, alley, avenue, sidewalk or bridge altered, changed or disturbed by the
said grantee, its successors or assigns, then the DPWH shall have the rig - ht to
have the same repaired and placed in good order and condition at double expense
to be charged against the grantee, its successors or assigns.1avvphi1
Section 6. Responsibility to the Public. - The grantee shall conform to the ethics of
honest enterprise and not use its stations/facilities for obscene or indecent
transmission or for dissemination of deliberately false information or willful
misrepresentation, or assist in subversive or treasonable acts.
The grantee shall provide basic or enhanced telephone service in any
municipality in the Philippines where it has an approved certificate of public
convenience and necessity for the establishment, operation and maintenance of
basic and/or enhanced local exchange service, without discrimination to any
applicant therefore, in the order of the date of their applications, up to the limit of
the capacity of its local telephone exchange, and should the demand for the
telephone service at any time increase beyond the capacity thereof, the grantee
shall increase the same to meet such demand: Provided, That in case the total
demand to be satisfied by the expansion is less than the smallest viable local
exchange available in the market as determined by the Commission, the grantee
shall not be obliged to furnish such service unless the applicant for telephone
service defrays the actual expenses for the installation of the telecommunications
apparatus necessary for such services and in such case, the Commission may
extend the time within which the grantee shall furnish such service.
The grantee shall operate and maintain all its stations, lines, cables, systems and
equipment for the transmission and reception of messages, signals and pulses in a
satisfactory manner at all times and, as far as economical and practicable,
modify, improve or change such stations, lines, cables, systems and equipment to
keep abreast with the advances in science and technology.
Section 7. Rates for Services. - The charges and rates for telecommunications
services of the grantee, except the rates and charges on those that may hereafter
be declared or considered as nonregulated services, whether flat rates or
measured rates or variation thereof, shall be subject to the approval of the
Commission or its legal successor. The rates to be charged by the grantee shall be
unbundled, separable and distinct among the services offered and shall be
determined in such a manner that regulated services do not subsidize the
unregulated ones.
Section 8. Right of Government. - A special right is hereby granted to the
President of the Philippines in times of war, rebellion, public peril, calamity,
emergency, disaster or disturbance of peace and order, to temporarily take over
and operate the stations, transmitters, facilities or equipment of the grantee, to
temporarily suspend the operation of any station, transmitter, facility or
equipment in the interest of public safety, security and public welfare, or to
authorize the temporary use and operation thereof by any agency of the
government, upon due compensation to the grantee for the use of said stations,
transmitters, facilities or equipment during the period when they shall be so
operated.
The radio spectrum is a finite resource that is part of the national patrimony and
the use thereof is a privilege conferred upon the grantee by the State and may be
withdrawn anytime after due process.
Section 9. Term of Franchise. - This franchise shall be for a term of twenty - five
(25) years from the date of effectivity of this Act, unless sooner revoked or
cancelled. This franchise shall be deemed ipso facto revoked in the event the
grantee fails to comply with any of the following conditions:
(a) Commence operation within three (3) years from the approval of its
operating permit by the NTC;
(b) Operate continuously for two (2) years; and
(c) Commence operations within five (5) years from the effectivity of this
Act.
Section 10. Acceptance and Compliance. - Acceptance of this franchise shall be
given in writing within sixty (60) days from the effectivity of this Act. Upon
giving such acceptance, the grantee shall exercise the privileges granted under
this Act. Nonacceptance shall render the franchise void.
Section 11. Bond. - The grantee shall file a bond issued in favor oft he NTC, which
shall determine the amount, to guarantee the compliance with and fulfillment of
the conditions under which this franchise is granted. If, after five (5) years from
the date of the approval of its permit by the Commission, the grantee shall have
fulfilled the same, the bond shall be cancelled by the Commission. Otherwise, the
bond shall be forfeited in favor of the government and the franchise ipso facto
revoked.
Section 12. Right of Interconnection. - The grantee is hereby authorized to connect
or demand connection of its telecommunications systems to any other
telecommunications systems installed, operated and maintained by any other
duly authorized person or entity in the' Philippines for the purpose of providing
extended and improved telecommunications services to the public, under such
terms and conditions mutually agreed upon by the parties concerned and the
same shall be subject to the review and modification of the Commission.
Section 13. Gross Receipts. - The grantee, its successors or assigns, shall keep a
separate account of the gross receipts of the business transacted by it and shall
furnish the Commission on Audit (COA) and the National Treasury a copy of such
account not later than the thirty. first (31") day of January of each year for the
preceding twelve (12) months.
Section 14. Books and Accounts. - The books and accounts of the grantee, its
successors or assigns, shall always be open to the inspection of the COA or its
authorized representatives and it shall be the duty of the grantee to submit to the
COA two (2) copies of the quarterly reports on the gross receipts, the net profits
and the general condition of the business.
Section 15. Warranty in Favor of the National and Local Governments. - The
grantee shall hold the national, provincial, city and municipal governments of the
Philippines harmless from all claims, accounts, demands or actions arising out of
accidents or injuries, whether to property or to persons, caused by the
construction or operation of the stations, transmitters, facilities and equipment of
the grantee.
Section 16. Sale, Lease, Transfer, Usufruct, etc. - The grantee shall not lease,
transfer, grant the usufruct of, sell nor assign this franchise or the rights and
privileges acquired thereunder to any person, firm, company, corporation or
other commercial or legal entity, nor merge with any other corporation or entity,
nor shall the controlling interest of the grantee be transferred, whether as a whole
or in parts and whether simultaneously or contemporaneously, to any such
person, firm, company, corporation or entity without the prior approval of the
Congress of the Philippines: Provided, That the foregoing limitation shall not
apply to: (a) any transfer or issuance of shares of stock in the implementation of
requirement for the dispersal of the grantee's ownership pursuant to Section 17 of
this Act; (b) any transfer or issuance of shares to any investor pursuant to or in
connection with any increase in the grantee's authorized capital stock which shall
result in the dilution of the stockholdings o{the grantee's then existing
stockholders; (c) any transfer or sale of shares of stock to any local investor or
investors; (d) any sale, transfer or assignment by the stockholders of the grantee
in favor of a holding company whose stockholders are identical to the7
stockholders of the grantee; and (e) any combination thereof where such transfer,
sale or issuance is effected in order to enable the grantee to raise the necessary
capital or financing for the provision of any services authorized by this Act
and/or carry out the purposes for which the grantee has been incorporated or
organized. Any person or entity to which this franchise is validly sold,
transferred or assigned shall be subject to the same conditions, terms, restrictions
and limitations of this Act.
Section 17. Dispersal of Ownership. - In accordance with the constitutional
provision to encourage public participation in public utilities, the grantee shall
offer at least thirty per centum (30%) of its outstanding capital stock or a higher
percentage that may hereafter be provided by law ill any securities exchange ill
the Philippines within five (5) years from the commencement of its operations.
Noncompliance therewith shall render the franchise ipso facto revoked.
Section 18. Equality Clause. - Any advantage, favor, privilege, exemption or
immunity granted under existing franchise for telecommunications systems, or
which may hereafter be granted, shall ipso facto become part of this franchise and
shall be accorded immediately and unconditionally to the herein grantee:
Provided, however, That the foregoing shall neither apply to nor affect provisions
of telecommunications franchises concerning territory covered by the franchise,
the life span of the franchise or the type of service authorized by the franchise.
Section 19. Reportorial Requirement. - The grantee shall submit an annual report
to the Congress of the Philippines on its compliance with the terms and conditions
of the franchise and on its operations within sixty (60) days from the end of every
year.
Section 20. Separability Clause. If any of the sections or provisions of this Act is
held invalid, all other provisions not affected thereby shall remain valid.
Section 21. Repealability and Nonexclusivity Clause. - This franchise shall be
subject to amendment, alteration or repeal by the Congress of the Philippines
when the public interest so requires and shall not be interpreted as an exclusive
grant of the privileges herein provided for.8
Section 22. Effectivity Clause. - This Act shall take effect fifteen (15) days after its
publication, upon the initiative of the grantee, in at least two (2) newspapers of
general circulation in the Philippines.





















REPUBLIC ACT NO. 10368
AN ACT PROVIDING FOR REPARATION AND RECOGNITION OF VICTIMS OF HUMAN RIGHTS
VIOLATIONS DURING THE MARCOS REGIME, DOCUMENTATION OF SAID VIOLATIONS,
APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
CHAPTER I
PRELIMINARY PROVISIONS
Section 1. Short Title. This Act shall be known as the "Human Rights Victims
Reparation and Recognition Act of 2013.
Section 2. Declaration of Policy. Section 11 of Article II of the 1987 Constitution
of the Republic of the Philippines declares that the State values the dignity of
every human, person and guarantees full respect for human rights. Pursuant to
this declared policy, Section 12 of Article III of the Constitution prohibits the use of
torture, force, violence, threat, intimidation, or any other means which vitiate
the free will and mandates the compensation and rehabilitation of victims of
torture or similar practices and their families.
By virtue of Section 2 of Article II of the Constitution adopting generally accepted
principles of international law as part of the law of the land, the Philippines
adheres to international human rights laws and conventions, the Universal
Declaration of Human Rights, including the International Covenant on Civil and
Political Rights (ICCPR) and the Convention Against Torture (CAT) and Other
Cruel, Inhuman or Degrading Treatment or Punishment which imposes on each
State party the obligation to enact domestic legislation to give effect to the rights
recognized therein and to ensure that any person whose rights or freedoms have
been violated shall have an effective remedy, even if the violation is committed by
persons acting in an official capacity. In fact, the right to a remedy is itself
guaranteed under existing human rights treaties and/or customary international
law, being peremptory in character (jus cogens) and as such has been recognized
as non-derogable.
Consistent with the foregoing, it is hereby declared the policy of the State to
recognize the heroism and sacrifices of all Filipinos who were victims of summary
execution, torture, enforced or involuntary disappearance and other gross human
rights violations committed during the regime of former President Ferdinand E.
Marcos covering the period from September 21, 1972 to February 25, 1986 and
restore the victims honor and dignity. The State hereby acknowledges its moral
and legal obligation to recognize and/or provide reparation to said victims
and/or their families for the deaths, injuries, sufferings, deprivations and
damages they suffered under the Marcos regime.
Similarly, it is the obligation of the State to acknowledge the sufferings and
damages inflicted upon persons whose properties or businesses were forcibly taken
over, sequestered or used, or those whose professions were damaged and/or
impaired, or those whose freedom of movement was restricted, and/or such other
victims of the violations of the Bill of Rights.
Section 3. Definition of Terms. The following terms as used in this Act shall
mean:
(a) Detention refers to the act of taking a person into custody against his
will by persons acting in an official capacity and/or agents of the State.
(b) Human rights violation refers to any act or omission committed
during the period from September 21, 1972 to February 25, 1986 by persons
acting in an official capacity and/or agents of the State, but shall not be
limited to the following:
(1) Any search, arrest and/or detention without a valid search
warrant or warrant of arrest issued by a civilian court of law,
including any warrantless arrest or detention carried out
pursuant to the declaration of Martial Law by former President
Ferdinand E. Marcos as well as any arrest., detention or
deprivation of liberty carried out during the covered period on
the basis of an "Arrest, Search and Seizure Order (ASSO)", a
"Presidential Commitment Order {PCO)" or a "Preventive
Detention Action (PDA)" and such other similar executive
issuances as defined by decrees of former President Ferdinand E.
Marcos, or in any manner that the arrest, detention or
deprivation, of liberty was effected;
(2) The infliction by a person acting in an official capacity
and/or an agent of the State of physical injury, torture, killing,
or violation of other human rights, of any person exercising civil
or political rights, including but not limited to the freedom of
speech, assembly or organization; and/or the right to petition the
government for redress of grievances, even if such violation took
place during or in the course of what the authorities at the time
deemed an illegal assembly or demonstration: Provided, That
torture in any form or under any circumstance shall be
considered a human rights violation;
(3) Any enforced or involuntary disappearance caused upon a
person who was arrested, detained or abducted against ones will
or otherwise deprived of ones liberty, as defined in Republic Act
No. 10350
1
, otherwise known as the "Anti-Enforced or
Involuntary Disappearance Act of 2012;
(4) Any force or intimidation causing the involuntary exile of a
person from the Philippines;
(5) Any act of force, intimidation or deceit causing unjust or
illegal takeover of a business, confiscation of property, detention
of owner/s and or their families, deprivation of livelihood of a
person by agents of the State, including those caused by
Ferdinand E. Marcos, his spouse Imelda R. Marcos, their
immediate relatives by consanguinity or affinity, as well as those
persons considered as among their close relatives, associates,
cronies and subordinates under Executive Order No. 1, issued on
February 28, 1986 by then President Corazon C. Aquino in the
exercise of her legislative powers under the Freedom
Constitution;
(6) Any act or series of acts causing, committing and/or
conducting the following:
(i) Kidnapping or otherwise exploiting children of
persons suspected of committing acts against the Marcos
regime;
(ii) Committing sexual offenses against human rights
victims who are detained and/or in the course of
conducting military and/or police operations; and
(iii) Other violations and/or abuses similar or analogous
to the above, including those recognized by international
law.
(c) Human Rights Violations Victim (HRVV) refers to a person whose
human rights were violated by persons acting in an official capacity
and/or agents of the State as defined herein. In order to qualify for
reparation under this Act, the human rights violation must have been
committed during the period from September 21, 1972 to February 25,
1986: Provided, however, That victims of human rights violations that
were committed one (1) month before September 21, 1972 and one (1) month
after February 25, 1986 shall be entitled to reparation, under this Act if
they can establish that the violation was committed:
(1) By agents of the State and/or persons acting in an official
capacity as defined hereunder;
(2) For the purpose of preserving, maintaining, supporting or
promoting the said regime; or
(3) To conceal abuses during the Marcos regime and/or the
effects of Martial Law.
(d) Persons Acting in an Official Capacity and/or Agents of the State.
The following persons shall be deemed persons acting in an official
capacity and/or agents of the State under this Act:
(1) Any member of the former Philippine Constabulary (PC), the
former Integrated National Police (INP), the Armed Forces of
the Philippines (AFP) and the Civilian Home Defense Force
(CHDF) from September 21, 1972 to February 25, 1986 as well as
any civilian agent attached thereto; and any member of a
paramilitary group even if one is not organically part of the PC,
the INP, the AFP or the CHDF so long as it is shown that the
group was organized, funded, supplied with equipment, facilities
and/or resources, and/or indoctrinated, controlled and/or
supervised by any person acting in an official capacity and/or
agent of the State as herein defined;
(2) Any member of the civil service, including persons who held
elective or appointive public office at any time from September
21, 1972 to February 25, 1986;
(3) Persons referred to in Section 2(a) of Executive Order No. 1,
creating the Presidential Commission on Good Government
(PCGG), issued on February 28, 1986 and related laws by then
President Corazon C. Aquino in the exercise of her legislative
powers under the Freedom Constitution, including former
President Ferdinand E. Marcos, spouse Imelda R. Marcos, their
immediate relatives by consanguinity or affinity, as well as their
close relatives, associates, cronies and subordinates; and
(4) Any person or group/s of persons acting with the
authorization, support or acquiescence of the State during the
Marcos regime.
(e) Torture refers to any act by which severe pain or suffering, whether
physical or mental, is intentionally inflicted on any person under the
custody of persons acting in an official capacity and/or agents of the
State, as defined by law, jurisprudence, international conventions and
Republic Act No. 9745, otherwise known as the "Anti-Torture Act of
2009.
Section 4. Entitlement to Monetary Reparation. Any HRVV qualified under
this Act shall receive reparation from the State, free of tax, as herein prescribed:
Provided, That for a deceased or involuntary disappeared HRVV, the legal heirs
as provided for in the Civil Code of the Philippines, or such other person named by
the executor or administrator of the deceased or involuntary disappeared
HRVVs estate in that order, shall be entitled to receive such reparation:
Provided, further, That no special power of attorney shall be recognized in the
actual disbursement of the award, and only the victim or the aforestated
successor(s)-in-interest shall be entitled to personally receive said reparation form
the Board, unless the victim involved is shown to be incapacitated to the
satisfaction of the Board: Provided, furthermore, That the reparation received
under this Act shall be without prejudice to the receipt of any other sum by the
HRVV from any other person or entity in any case involving violations of human
rights as defined in this Act.
Section 5. Nonmonetary Reparation. The Department of Health (DOH), the
Department of Social Welfare and Development (DSWD), the Department of
Education (DepED), the Commission on Higher Education (CHED), the Technical
Education and Skills Development Authority (TESDA), and such other
government agencies shall render the necessary services as nonmonetary
reparation for HRVVs and/or their families, as may be determined by the Board
pursuant to the provisions of this Act. The amount necessary for this purpose
shall be sourced from the budget of the agency concerned in the annual General
Appropriations Act (GAA).
Section 6. Amount of Reparation. The amount of reparation under this Act
shall be in proportion to the gravity of the human rights violation committed on
the HRVV and in accordance with the number of points assigned to the
individual under Section 19 hereof.
Section 7. Source of Reparation. The amount of Ten billion pesos
(P10,000,000,000.00) plus accrued interest which form part of the funds
transferred to the government of the Republic of the Philippines by virtue of the
December 10, 1997 Order of the Swiss Federal Supreme Court, adjudged by the
Supreme Court of the Philippines as final and executory in Republic vs.
Sandiganbayan on July 15, 2003 (G.R. No. 152154) as Marcos ill-gotten wealth and
forfeited in favor of the Republic of the Philippines, shall be the principal source
funds for the implementation of this Act.
CHAPTER II
THE HUMAN RIGHTS VICTIMS CLAIMS BOARD
Section 8. Creation and Composition of the Human Rights Victims Claims Board.
There is hereby created an independent and quasi-judicial body to be known as
the Human Rights Victims Claims Board, hereinafter referred to as the Board. It
shall be composed of nine (9) members, who shall possess the following
qualifications:
(a) Must be of known probity, competence and integrity;
(b) Must have a deep and thorough understanding and knowledge of
human rights and involvement in efforts against human rights violations
committed during the regime of former President Ferdinand E. Marcos;
(c) At least three (3) of them must be members of the Philippine Bar who
have been engaged in the practice of law for at least ten (10) years; and
(d) Must have a clear and adequate understanding and commitment to
human rights protection, promotion and advocacy.
The Human Rights Victims Claims Board shall be attached to but shall not be
under the Commission on Human Rights (CHR).
The Board shall organize itself within thirty (30) days from the completion of
appointment of all nine (9) members and shall thereafter organize its Secretariat.
Section 9. Appointment to the Board. The President shall appoint the
Chairperson and the other eight (8) members of the Board: Provided, That human
rights organizations such as, but not limited to, the Task Force Detainees of the
Philippines (TFDP), the Free Legal Assistance Group (FLAG), the Movement of
Attorneys for Brotherhood, Integrity and Nationalism (MABINI), the Families of
Victims of Involuntary Disappearance (FIND) and the Samahan ng mga Ex-
Detainees Laban sa Detensyon at Aresto (SELDA) may submit nominations to the
President.
Section 10. Powers and Functions of the Board. The Board shall have the
following powers and functions:
(a) Receive, evaluate, process and investigate applications for claims
under this Act;
(b) Issue subpoena/s ad testificandum and subpoena/s duces tecum;
(c) Conduct independent administrative proceedings and resolve disputes
over claims;
(d) Approve with finality all eligible claims under this Act;
(e) Deputize appropriate government agencies to assist it in order to
effectively perform its functions;
(f) Promulgate such rules as may be necessary to carry out the purposes
of this Act, including rules of procedure in the conduct of its proceedings,
with the Revised Rules of Court of the Philippines having suppletory
application;
(g) Exercise administrative control and supervision over its Secretariat;
(h) The Board, at its discretion, may consult the human rights
organizations mentioned in Section 9 herein; and
(i) Perform such other duties, functions and responsibilities as may be
necessary to effectively attain the objectives of this Act.
Section 11. Resolution, of Claims. The Board shall be composed of three (3)
divisions which shall function simultaneously and independently of each other in
the resolution of claims for reparation. Each division shall be composed of one (1)
Chairperson, who shall be a member of the Philippine Bar and two (2) members to
be appointed by the Board en banc.
Section 12. Emoluments. The Chairperson and members of the Board shall have
the rank, salary, emoluments and allowances equivalent to s Presiding Justice
and Associate Justice of the Court of Appeals, respectively.
Section 13. Secretariat of the Board. The Board shall be assisted by a Secretariat
which may come from the existing personnel of the CHR, without prejudice to the
hiring of additional personnel as determined by the Board to accommodate the
volume of required work. The following shall be the functions of the Secretariat:
(a) Receive, evaluate, process and investigate applications for claims
under this Act;
(b) Recommend to the Board the approval of applications for claims;
(c) Assist the Board in technical functions; and
(d) Perform other duties that may be assigned by the Board.
The Chairperson of the Board shall appoint a Board Secretary who shall head the
Secretariat for the duration of the existence of the Board. There shall be a
Technical Staff Head assisted by five (5) Legal Officers and three (3) Paralegal
Officers; and an Administrative Staff Head assisted by three (3) Administrative
Support Staff.
When necessary, the Board may hire additional contractual employees or
contract a service provider to provide services of counselors, psychologists, social
workers and public education specialists, among others, to augment the services of
the Secretariat: Provided, That the maximum contract amount per year shall not
exceed more than fifteen percent (15%) of the total annual operating budget of the
Board.
Section 14. Operating Budget of the Board. The operating budget of the Board
shall be funded from the Ten billion peso {P10,000,000,000.00) fund, with Ten
million pesos (P10,000,000.00) as its initial operating budget: Provided, That it
shall not exceed Fifty million pesos (P50,000,000.00) a year
Section 15. Proper Disposition of Funds. The Board shall ensure that funds
appropriated or those which may become available as reparation for HRVVs are
properly disbursed in accordance with the policies stated by Congress and
relevant government rules, regulations and accounting procedures.
CHAPTER III
CLAIMANTS, REPARATION AND RECOGNITION
Section 16. Claimants. Any person who is an HRVV may file a claim with the
Board for reparation and/or recognition in accordance with the provisions of this
Act.
Section 17. Conclusive Presumption That One is an HRVV Under This Act. The
claimants in the class suit and direct action plaintiffs in the Human Rights
Litigation Against the Estate of Ferdinand E. Marcos (MDL No. 840, CA No. 88-
0390) in the US Federal District Court of Honolulu, Hawaii wherein a favorable
judgment has been rendered, shall be extended the conclusive presumption that
they are HRVVs: Provided, That the HRVVs recognized by the Bantayog Ng
Mga Bayani Foundation shall also be accorded the same conclusive presumption:
Provided, further, That nothing herein shall be construed to deprive the Board of
its original jurisdiction and its inherent power to determine the extent of the
human rights violations and the corresponding reparation and/or recognition
that may be granted.
Section 18. Motu Proprio Recognition. The Board may take judicial notice motu
proprio of individual persons who suffered human rights violations as defined
herein and grant such persons recognition as HRVVs and included in the Roll of
Victims as provided for in Section 26 hereof.
Section 19. Determination of Award. (a) The Board shall follow the point system
in the determination of the award. The range shall be one (1) to ten (10) points, as
follows:
(1) Victims who died or who disappeared and are still missing shall be
given ten (10) points;
(2) Victims who were tortured and/or raped or sexually abused shall he
given six (6) to nine (9) points:
(3) Victims who were detained shall be given three (3) to five (5) points;
and
(4) Victims whose rights were violated under Section 3, paragraph (b),
nos. (4), (5) and (6) under this Act shall be given one (1) to two (2) points.
The Board shall exercise its powers with due discretion in the determination of
points for each victim, which shall be based on the type of violation committed
against the HRVV, frequently and duration of the violation. In each category,
HRVVs who had suffered more would receive more points. In instances where a
victim is classified in more than one category, one shall be awarded the points in
the higher category: Provided, That in cases where there are several eligible
claims filed for reparation by or on behalf of a particular HRVV, the Board shall
award only one (1) valid claim which corresponds to the category obtaining the
highest number of points for each eligible claimant.
(b) The Board shall proceed to determine the award for each claimant classified
under Sections 16, 17 and 18 of this Act.
(c) The Board shall then compute the final monetary value of ones award that is
equivalent to the numerical value of one point multiplied by the number of points
that a claimant is entitled to, as previously determined by the Board.
(d) Within thirty (30) days after the Board has approved with finality each
eligible claim pending before it and after due publication of such legitimate claim,
the award of monetary compensation shall take effect: Provided., That any
pending appeal filed by an aggrieved claimant or opposite before the Board en
banc must resolved by it sixty (60) days before the Board becomes functus officio.
CHAPTER IV
GENERAL- PROVISIONS
Section 20. Transfer of Funds. Pursuant to the judgment mentioned in Section 7
hereof, the amount of Ten billion pesos (P10,000,000,000.00) plus the accrued
interest are hereby set aside and appropriated to fund the purposes of this Act.
Section 21. Documentation of Human Rights Violations Committed by the
Marcos Regime. In the implementation of this Act and without prejudice to
any other documentary or other evidence that may be required for the award of
any reparation, any HRVV seeking reparation shall execute a detailed sworn
statement narrating the circumstances of the pertinent human rights violation/s
committed.
Section 22. Publication. Consistent with Section 23 herein, the Board, after
having been duly convened, shall set the period for the commencement and
termination of applications by HRVVs and cause the publication of the same:
Provided, That such period shall only become operative fifteen (15) days after its
last publication, which shall be once a week for three (3) consecutive weeks in at
least two (2) national newspapers of general circulation.
Section 23. Period for Filing of Claims; Waiver. An HRVV shall file an
application for reparation with the Board within six (6) months from the
effectivity of the implementing rules and regulations (IRR) of this Act: Provided,
That failure to file an application within said period is deemed a waiver of the
right to file the same: Provided, further, That for HRVVs who are deceased,
incapacitated, or missing due to enforced disappearance, their legal heir/s or
representatives, shall be entitled to file an application for reparation on their
behalf.
Any opposition to the new application/s pursuant to Section 16 hereof shall only
be entertained if such is filed within fifteen (15) days from the date of the last
publication of the official list of eligible claimants as may be determined by the
Board. The Board shall cause the publication of the official list of eligible
claimants once a week for three (3) consecutive weeks in at least two (2) national
newspapers of general circulation.
Section 24 Appeal. Any aggrieved claimant or oppositor may file an appeal
within ten (10) calendar days from the receipt of the Resolution of the Division, to
the Board en banc, whose decision shall then become final and executory.
Section 25. Penalties; Applicability of the Revised Penal Code. Any claimant
who is found by the Board, after due hearing, to have filed a fraudulent claim,
shall be referred to the appropriate office for prosecution. If convicted, he shall
suffer the imprisonment of eight (8) to ten (10) years, shall be disqualified from
public office and employment and shall be deprived of the right to vote and be
voted for in any national or local election, even after the service of sentence
unless granted absolute pardon.
Any member of the Board and its Secretariat, public officer, employee of an
agency or any private individual mandated to implement this Act, who shall
misuse, embezzle or misappropriate the funds for the reparation of HRVVs or
who shall commit fraud in the processing of documents and claims of HRVVs, or
shall conspire with any individual to commit the same, shall also be prosecuted,
Any member of the Board and its Secretariat, public officer, employee of an
agency or any private individual mandated to implement this Act, who may
have been found guilty of committing any or all of the prohibited acts stated in
the preceding paragraph, or those acts punishable under the Revised Penal Code,
shall be penalized under the pertinent provisions in the Code and relevant special
penal laws.
Section 26. Roll of Victims. Persons who are HRVVs, regardless of whether they
opt to seek reparation or not, shall be given recognition by enshrining their names
in a Roll of Human Rights Victims to be prepared by the Board.
A Memorial/Museum/Library shall be established in honor and in memory of the
victims of human rights violations whose names shall be inscribed in the Roll. A
compendium of their sacrifices shall be prepared and may be readily viewed and
accessed in the internet. The Memorial/Museum/Library/Compendium shall have
an appropriation of at least Five hundred million pesos (P500,000,000.00) from
the accrued interest of the Ten billion peso (P10,000,000,000.00) fund.
The Roll may also be displayed in government agencies as maybe designated by
the HRVV Memorial Commission as created hereunder.
Section 27. Human, Rights Violations Victims Memorial Commission.. There is
hereby created a Commission to be known as the Human Rights Violations
Victims Memorial Commission, hereinafter referred to as the Commission,
primarily for the establishment, restoration, preservation and conservation of the
Memorial/Museum/Library/Compendium in honor of the HRVVs during the
Marcos regime.
The powers and functions of the Commission shall be assumed by the Board of
Trustees which shall be composed of the following; Chairperson of the CHR as
Chairperson; Chairperson of the National Historical Commission as Co-
Chairperson; and Chairpersons of the CHED, the National Commission on Culture
and the Arts (NCCA), the Secretary of the Department of Education and the
Head of the University of the Philippines Diliman Main Library, as members.
The Board of Trustees shall have the authority to hire and appoint its officials
and employees, receive donations and grants for and on its behalf, and generate
revenues for the benefit of the Commission.
The Commission shall be attached to the CHR solely for budgetary and
administrative purposes. The operating budget of the Commission shall be
appropriated from the General Appropriations Act.
The Commission shall also coordinate and collaborate with the DepED and the
CHED to ensure that the teaching of Martial Law atrocities, the lives and
sacrifices of HRVVs in our history are included in the basic, secondary and
tertiary education curricula.
CHAPTER V
FINAL PROVISIONS
Section 28. Guidelines for the Implementing Rules and Regulations (1RR). In
implementing this Act and in formulating the corresponding rules and
regulations, and to ensure that all applications are properly screened for
fraudulent claims, the Board must provide for:
(a) Transparency in the processing of the claims;
(b) A procedure that allows any concerned party to oppose an application
or claim on the ground that it is fraudulent, fictitious or spurious and
gives that party the opportunity to question the same and to present
evidence in support thereof; and
(c) A procedure that is speedy and expeditious without sacrificing any of
the parties fundamental rights.
Within fifteen (15) days from the date of its organization, the Board shall
promulgate the necessary IRR and procedures for the effective implementation of
this Act. The IRR shall be effective fifteen (15) days after its publication in two (2)
national newspapers of general circulation.
Section 29. Work Period; Sunset Clause. The Board shall complete its work
within two (2) years from the effectivity of the IRR promulgated by it. After such
period, it shall become functus officio.
Section 30. Separability Clause. If, for any reason, any section or provision of
this Act is declared unconstitutional or invalid, such other sections or provisions
not affected thereby shall remain in full force and effect.
Section 31. Repealing Clause. All laws, decrees, executive orders, rules and
regulations or parts thereof inconsistent with any of the provisions of this Act,
including Section 63(b) of Republic Act No. 6657, as amended, otherwise known as
the Comprehensive Agrarian Reform Law of 1988 and Section 40(a) of Republic
Act No. 7160, otherwise known as the Local Government Code of 1991, are hereby
repealed, amended or modified accordingly.1wphi1
Section 32. Effectivity Clause. This Act shall take effect fifteen (15) days after its
complete publication in the Official Gazette or in at least two (2) national
newspapers of general circulation.








Republic Act No. 8749 June 23, 1999
AN ACT PROVIDING FOR A COMPREHENSIVE AIR POLLUTION CONTROL POLICY AND FOR OTHER
PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled::
Chapter 1
General Provisions
Article One
Basic Air Quality Policies
Section 1. Short Title. - This Act shall be known as the "Philippine Clean Air Act of
1999."
Section 2. Declaration of Principles. - The State shall protect and advance the
right of the people to a balanced and healthful ecology in accord with the rhythm
and harmony of nature.
The State shall promote and protect the global environment to attain sustainable
development while recognizing the primary responsibility of local government
units to deal with environmental problems.
The State recognizes that the responsibility of cleaning the habitat and
environment is primarily area-based.
The State also recognizes the principle that "polluters must pay".
Finally, the State recognizes that a clean and healthy environment is for the good
of all and should, therefore, be the concern of all.
Section 3. Declaration of Policies. - The State shall pursue a policy of balancing
development and environmental protection. To achieve this end, the frame work
for sustainable development shall be pursued. It shall be the policy of the State to:
(a) Formulate a holistic national program of air pollution management
that shall be implemented by the government through proper delegation
and effective coordination of functions and activities;
(b) Encourage cooperation and self-regulation among citizens and
industries through the application of market-based instruments;
(c) Focus primarily on pollution prevention rather than on control and
provide for a comprehensive management program for air pollution;
(d) Promote public information and education and to encourage the
participation of an informed and active public in air quality planning
and monitoring; and
(e) Formulate and enforce a system of accountability for short and long-
term adverse environmental impact of a project, program or activity.
This shall include the setting up of a funding or guarantee mechanism for
clean-up and environmental rehabilitation and compensation for
personal damages.
Section 4. Recognition of Rights. - Pursuant to the above-declared principles, the
following rights of citizens are hereby sought to be recognized and the State shall
seek to guarantee their enjoyment:
(a) The right to breathe clean air;
(b) The right to utilize and enjoy all natural resources according to the
principles of sustainable development;
(c) The right to participate in the formulation, planning, implementation
and monitoring of environmental policies and programs and in the
decision-making process;
(d) The right to participate in the decision-making process concerning
development policies, plans and programs projects or activities that may
have adverse impact on the environment and public health;
(e) The right to be informed of the nature and extent of the potential
hazard of any activity, undertaking or project and to be served timely
notice of any significant rise in the level of pollution and the accidental
or deliberate release into the atmosphere of harmful or hazardous
substances;
(f) The right of access to public records which a citizen may need to
exercise his or her rights effectively under this Act;
(g) The right to bring action in court or quasi-judicial bodies to enjoin all
activities in violation of environmental laws and regulations, to compel
the rehabilitation and cleanup of affected area, and to seek the
imposition of penal sanctions against violators of environmental laws;
and
(h) The right to bring action in court for compensation of personal
damages resulting from the adverse environmental and public health
impact of a project or activity.
Article Two
Definition of Terms
Section 5. Definitions. - As used in this Act:
a) "Air pollutant" means any matter found in the atmosphere other than
oxygen, nitrogen, water vapor, carbon dioxide, and the inert gases in
their natural or normal concentrations, that is detrimental to health or
the environment, which includes but not limited to smoke, dust, soot,
cinders, fly ash, solid particles of any kind, gases, fumes, chemical mists,
steam and radio-active substances;
b) "Air pollution" means any alteration of the physical, chemical and
biological properties of the atmospheric air, or any discharge thereto of
any liquid, gaseous or solid substances that will or is likely to create or to
render the air resources of the country harmful, detrimental, or injurious
to public health, safety or welfare or which will adversely affect their
utilization for domestic, commercial, industrial, agricultural,
recreational, or other legitimate purposes;
c) "Ambient air quality guideline values" mean the concentration of air
over specified periods classified as short-term and long-term which are
intended to serve as goals or objectives for the protection of health and/or
public welfare. These values shall be used for air quality management
purposes such as determining time trends, evaluating stages of
deterioration or enhancement of the air quality, and in general, used as
basis for taking positive action in preventing, controlling, or abating air
pollution;
d) "Ambient air quality" means the general amount of pollution present
in a broad area; and refers to the atmosphere's average purity as
distinguished from discharge measurements taken at the source of
pollution;
e) "Certificate of Conformity" means a certificate issued by the
Department of Environment and Natural Resources to a vehicle
manufacturer/assembler or importer certifying that a particular new
vehicle or vehicle type meets the requirements provided under this Act
and its rules and regulations;
f) "Department" means the Department of Environment and Natural
Resources;
g) "Eco-profile" means the geographic-based instrument for planners and
decision-makers which present an evaluation of the environmental
quality and carrying capacity of an area. It is the result of the
integration of primary and secondary data and information on natural
resources and anthropogenic activities on the land which are evaluated
by various environmental risk assessment and forecasting methodologies
that enable the Department to anticipate the type of development control
necessary in the planning area;
h) "Emission" means any air contaminant, pollutant, gas stream or
unwanted sound from a known source which is passed into the
atmosphere;
i) "Greenhouse gases" mean those gases that can potentially or can
reasonably be expected to induce global warming, which include carbon
dioxide, methane, oxides of nitrogen, chlorofluorocarbons, and the like;
j) "Hazardous substances" mean those substances which present either: (1)
short-term acute hazards such as acute toxicity by ingestion, inhalation,
or skin absorption, corrosivity or other skin or eye contact hazard or the
risk of fire explosion; or (2) longterm toxicity upon repeated exposure,
carcinogenicity (which in some cases result in acute exposure but with a
long latent period), resistance to detoxification process such as
biodegradation, the potential to pollute underground or surface waters;
k) "Infectious waste" means that portion of medical waste that could
transmit an infectious disease;
l) "Medical waste" means the materials generated as a result of patient
diagnosis, treatment, or immunization of human beings or animals;
m) "Mobile source" means any vehicle propelled by or through combustion
of carbon-based or other fuel, constructed and operated principally for
the conveyance of persons or the transportation of property goods;
n) "Motor vehicle" means any vehicle propelled by a gasoline or diesel
engine or by any means other than human or animal power, constructed
and operated principally for the conveyance of persons or the
transportation of property or goods in a public highway or street open to
public use;
o) "Municipal waste" means the waste materials generated from
communities within a specific locality;
p) "New vehicle" means a vehicle constructed entirely from new parts
that has never been sold or registered with the DOTC or with the
appropriate agency or authority, and operated on the highways of the
Philippines, any foreign state or country;
q) "Octane Rating or the Anti-Knock Index(AKI)" means the rating of the
anti-knock characteristics of a grade or type of automotive gasoline as
determined by dividing by two (2) the sum of the Research Octane
Number (RON), plus the Motor Octane Number (MON); the octane
requirement, with respect to automotive gasoline for use in a motor
vehicle or a class thereof, whether imported, manufactured, or assembled
by a manufacturer, shall refer to the minimum octane rating of such
automotive gasoline which such manufacturer recommends for the
efficient operation of such motor vehicle, or a substantial portion of such
class, without knocking;
r) "Ozone Depleting Substances (ODS)" means those substances that
significantly deplete or otherwise modify the ozone layer in a manner
that is likely to result in adverse effects of human health and the
environment such as, but not limited to, chloroflourocarbons, halons and
the like;
s) "Persistent Organic Pollutants (POPs)" means the organic compounds
that persist in the environment, bioaccumulate through the food web, and
pose a risk of causing adverse effects to human health and the
environment. These compounds resist photolytic, chemical and biological
degradation, which shall include but not be limited to dioxin, furan,
Polychlorinated Biphenyls (PCBs), organochlorine pesticides, such as
aldrin, dieldrin, DDT, hexachlorobenzene, lindane, toxaphere and
chlordane;
t) "Poisonous and toxic fumes" means any emissions and fumes which are
beyond internationally - accepted standards, including but not limited to
the World Health Organization (WHO) guideline values;
u) "Pollution control device" means any device or apparatus used to
prevent, control or abate the pollution of air caused by emissions from
identified pollution sources at levels within the air pollution control
standards established by the Department;
v) "Pollution control technology" means the pollution control devices,
production process, fuel combustion processes or other means that
effectively prevent or reduce emissions or effluent;
w) "Standard of performance" means a standard for emissions of air
pollutant which reflects the degree of emission limitation achievable
through the application of the best system of emission reduction, taking
into account the cost of achieving such reduction and any non-air quality
health and environmental impact and energy requirement which the
Department determines, and adequately demonstrates; and
x) "Stationary source" means any building or immobile structure, facility
or installation which emits or may emit any air pollutant.
Chapter 2
Air Quality Management System
Article One
General Provisions
Section 6. Air Quality Monitoring and Information Network. - The Department
shall prepare an annual National Air Quality Status Report which shall be used
as the basis in formulating the Integrated Air Quality Improvement Framework,
as provided for in Sec. 7. The said report shall include, but shall not be limited to
the following:
a) Extent of pollution in the country, per type of pollutant and per type
of source, based on reports of the Departments monitoring stations;
b) Analysis and evaluation of the current state, trends and projections of
air pollution at the various levels provided herein;
c) Identification of critical areas, activities, or projects which will need
closer monitoring or regulation;
d) Recommendations for necessary executive and legislative action; and
e) Other pertinent qualitative and quantitative information concerning
the extent of air pollution and the air quality performance rating of
industries in the country.
The Department, in cooperation with the National Statistical Coordination Board
(NSCB), shall design and develop an information network for data storage,
retrieval and exchange.
The Department shall serve as the central depository of all data and information
related to air quality.
Section 7. Integrated Air Quality Improvement Framework. - The Department
shall within six (6) months after the effectivity of this Act, establish, with the
participation of LGUs, NGOs, POs, the academe and other concerned entities from
the private sector, formulate and implement the Integrated Air Quality
Improvement Framework for a comprehensive air pollution management and
control program. The framework shall, among others, prescribe the emission
reduction goals using permissible standards, control strategies and control
measures to undertaken within a specified time period, including cost-effective
use of economic incentives, management strategies, collective actions, and
environmental education and information.
The Integrated Air Quality Improvement Framework shall be adopted as the
official blueprint with which all government agencies must comply with to attain
and maintain ambient air quality standards.
Section 8. Air Quality Control Action Plan. - Within six (6) months after the
formulation of the framework, the Department shall, with public participation,
formulate and implement an air quality control action plan consistent with Sec. 7
of this Act. The action plan shall:
a) Include enforceable emission limitations and other control measures, means
or techniques, as well as schedules and time tables for compliance, as may be
necessary or appropriate to meet the applicable requirements of this Act;
b) Provide for the establishment and operation of appropriate devices,
methods, systems and procedures necessary to monitor, compile and analyze
data on ambient air quality;
c) Include a program to provide for the following: (1) enforcement of the
measures described in subparagraph [a]; (2) regulation of the modification and
construction of any stationary source within the areas covered by the plan, in
accordance with land use policy to ensure that ambient air quality standards
are achieved;
d) Contain adequate provisions, consistent with the provisions of this Act,
prohibiting any source or other types of emissions activity within the country
from emitting any air pollutant in amounts which will significantly
contribute to the non-attainment or will interfere with the maintenance by the
Department of any such ambient air quality standard required to be included
in the implementation plan to prevent significant deterioration of air quality
or to protect visibility;
e) Include control strategies and control measures to be undertaken within a
specified time period, including cost effective use of economic incentives,
management strategies, collection action and environmental education and
information;
f) Designate airsheds; and
g) All other measures necessary for the effective control and abatement of air
pollution.
The adoption of the plan shall clarify the legal effects on the financial, manpower
and budgetary resources of the affected government agencies, and on the
alignment of their programs with the plans.
In addition to direct regulations, the plan shall be characterized by a
participatory approach to the pollution problem. The involvement of private
entities in the monitoring and testing of emissions from mobile and/or stationary
sources shall be considered.
Likewise, the LGUs, with the assistance from the Department, shall prepare and
develop an action plan consistent with the Integrated Air Quality Improvement
Framework to attain and maintain the ambient air quality standards within
their respective airsheds as provided in Sec. 9 hereof.
The local government units shall develop and submit to the Department a
procedure for carrying out the action plan for their jurisdiction. The Department,
however, shall maintain its authority to independently inspect the enforcement
procedure adopted. The Department shall have the power to closely supervise all
or parts of the air quality action plan until such time the local government unit
concerned can assume the function to enforce the standards set by the
Department.
A multi-sectoral monitoring team with broad public representation shall be
convened by the Department for each LGU to conduct periodic inspections of air
pollution sources to assess compliance with emission limitations contained in their
permits.
Section 9. Airsheds. - Pursuant to Sec. 8 of this Act, the designation of airsheds
shall be on the basis of, but not limited to, areas with similar climate, meteorology
and topology which affect the interchange and diffusion of pollutants in the
atmosphere, or areas which share common interest or face similar development
programs, prospects or problems.
For a more effective air quality management, a system of planning and
coordination shall be established and a common action plan shall be formulated
for each airshed.
To effectively carry out the formulated action plans, a Governing Board is hereby
created, hereinafter referred to as the Board.
The Board shall be headed by the Secretary of the Department of Environment
and Natural Resources as chairman. The members shall be as follows:
a) Provincial Governors from areas belonging to the airshed;
b) City/Municipal Mayors from areas belonging to the airshed;
c) A representative from each concerned government agency;
d) Representatives from peoples organizations;
e) Representatives from non-government organizations; and
f) Representatives from the private sector.
The Board shall perform the following functions:
a) Formulation of policies;
b) Preparation of a common action plan;
c) Coordination of functions among its members; and
d) Submission and publication of an annual Air Quality Status Report for
each airshed.
Upon consultation with appropriate local government authorities, the
Department shall, from time to time, revise the designation of airsheds utilizing
eco-profiling techniques and undertaking scientific studies.
Emissions trading may be allowed among pollution sources within an airshed.
Section 10. Management of Non-attainment Areas. - The Department shall
designate areas where specific pollutants have already exceeded ambient
standards as non-attainment areas. The Department shall prepare and
implement a program that will prohibit new sources of exceeded air pollutant
without a corresponding reduction in existing resources.
In coordination with other appropriate government agencies, the LGUs shall
prepare and implement a program and other measures including
relocation, whenever necessary, to protect the health and welfare of
residents in the area.
For those designated as nonattainment areas, the Department, after
consultation with local government authorities, nongovernment
organizations (NGOs), peoples organizations (POs) and concerned
sectors may revise the designation of such areas and expand its
coverage to cover larger areas depending on the condition of the
areas.
Section 11. Air Quality Control Techniques. - Simultaneous with the
issuance of the guideline values and standards, the Department,
through the research and development program contained in this
Act and upon consultation with appropriate advisory committees,
government agencies and LGUs, shall issue, and from time to time,
revise information on air pollution control techniques. Such
information shall include:
(a) Best available technology and alternative methods of
prevention, management and control of air pollution;
(b) Best available technology economically achievable which shall
refer to the technological basis/standards for emission limits applicable to
existing, direct industrial emitters of nonconventional and toxic pollutants;
and
(c) Alternative fuels, processes and operating methods which will result in the
eliminator or significant reduction of emissions.
Such information may also include data relating to the cost of installation and
operation, energy requirements, emission reduction benefits, and environmental
impact or the emission control technology.
The issuance of air quality guideline values, standards and information on air
quality control techniques shall be made available to the general public: Provided,
That the issuance of information on air quality control techniques shall not be
construed as requiring the purchase of certain pollution control devices by the
public.
Section 12. Ambient Air Quality Guideline Values and Standards. - The
Department, in coordination with other concerned agencies, shall review and or
revise and publish annually a list of hazardous air pollutants with corresponding
ambient guideline values and/or standard necessary to protect health and safety,
and general welfare. The initial list and values of the hazardous air pollutants
shall be as follows:
(a) For National Ambient Air Quality Guideline for Criteria Pollutants:
Short Term
a
Long Term
b

Pollutants g/Ncm ppm Averaging
Time
g/Ncm ppm Averaging
Time
Suspended Particulate
Matter
c
-TSP 230
d
24 hours 90 ---- 1 year
e

-PM-10 150
f
24 hours 60 ---- 1 year
e

Sulfur Dioxide
c
180 0.07 24 hours 80 0.03 1 year
Nitrogen Dioxide 150 0.08 24 hours ---- ---- ----
Photochemical
Oxidants
140 0.07 1 hour ---- ---- ----
As Ozone 60 0.03 8 hours ---- ---- ----
Carbon Monoxide 35 mg/Ncm 30 1 hour ---- ---- ----
10 mg/Ncm 9 8 hours ---- ---- ----
Lead
g
1.5 ---- 3 months
g
1.0 ---- 1 year
a
Maximum limits represented by ninety-eight percentile (98%) values not
to be exceed more than once a year.
b
Arithmetic mean
c
SO2 and Suspended Particulate matter are sampled once every six days
when using the manual methods. A minimum of twelve sampling days
per quarter of forty-eight sampling days each year is required for these
methods. Daily sampling may be done in the future once continuous
analyzers are procured and become available.
d
Limits for Total Suspended Particulate Matter with mass median
diameter less than 25-50 um.
e
Annual Geometric Mean
f
Provisional limits for Suspended Particulate Matter with mass median
diameter less than 10 microns and below until sufficient monitoring data
are gathered to base a proper guideline.
g
Evaluation of this guideline is carried out for 24-hour averaging time
and averaged over three moving calendar months. The monitored
average value for any three months shall not exceed the guideline value.
(b) For National Ambient Air Quality Standards for Source Specific Air
Pollutants from Industrial Sources/Operations:
1
Pertinent ambient standards for Antimony, Arsenic,
Cadmium, Asbestos, Nitric Acid and Sulfuric Acid Mists
in the 1978 NPCC Rules and Regulations may be
considered as guides in determining compliance.
2
Ninety-eight percentile (98%) values of 30-minute
sampling measured at 250C and one atmosphere
pressure.
3
Other equivalent methods approved by the Department
may be used.
The basis in setting up the ambient air quality guideline
values and standards shall reflect, among others, the latest
scientific knowledge including information on:
a) Variable, including atmospheric conditions, which of
themselves or in combination with other factors may alter
the effects on public health or welfare of such air pollutant;
b) The other types of air pollutants which may interact with such
pollutant to produce an adverse effect on public health or welfare; and
c) The kind and extent of all identifiable effects on public health or
welfare which may be expected from presence of such pollutant in the
ambient air, in varying quantities.
The Department shall base such ambient air quality standards on World Health
Organization (WHO) standards, but shall not be limited to nor be less stringent
than such standards.
Section 13. Emission Charge System. - The Department, in case of industrial
dischargers, and the Department of Transportation and Communication (DOTC),
in case of motor vehicle dischargers, shall, based on environmental techniques,
design, impose on and collect regular emission fees from said dischargers as part
of the emission permitting system or vehicle registration renewal system, as the
case may be. The system shall encourage the industries and motor vehicles to
abate, reduce, or prevent pollution. The basis of the fees include, but is not limited
to, the volume and toxicity of any emitted pollutant. Industries, which shall
install pollution control devices or retrofit their existing facilities with
mechanisms that reduce pollution shall be entitled to tax incentives such as but
not limited total credits and/or accelerated depreciation deductions.
Section 14. Air Quality Management Fund. - An Air Quality Management Fund
to be administered by the Department as a special account in the National
Treasury is hereby established to finance containment, removal, and clean-up
Pollutants
1
Concentration
2
Averaging
time (min.)
Method of Analysis/
Measurement
3

/Ncm ppm
1. Ammonia 200 0.28 30 Nesselerization/ Indo Phenol
2. Carbon Disulfide 30 0.01 30 Tischer Method
3. Chlorine and
Chlorine Compounds
expressed as Cl
2

100 0.03 5 Methyl Orange
4. Formaldehyde 50 0.04 30 Chromotropic acid Method or
MBTH Colorimetric Method
5. Hydrogen
Chloride
200100 0.13 30 Volhard Titration with Iodine
Solution
6. Hydrogen Sulfide 0.07 30 Methylene Blue
7. Lead 20 30 AASc
8. Nitrogen Dioxide 375,260 0.20,0.14 30,60 Greiss- Saltzman
9. Phenol 100 0.03 30 4-Aminoantiphyrine
10. Sulfur Dioxide 470, 340 0.18, 0.13 30,60 Colorimetric-Pararosaniline
11. Suspended
Particulate Matter-
TSP
300 ---- 60 Gravimetric
operations of the Government in air pollution cases, guarantee restoration of
ecosystems and rehabilitate areas affected by the acts of violators of this Act, to
support research, enforcement and monitoring activities
and capabilities of the
relevant agencies, as well as to provide technical
assistance to the relevant agencies. Such fund may
likewise be allocated per airshed for the undertakings
herein stated.
The Fund shall be sourced from the fines imposed and
damages awarded to the Republic of the Philippines by the
Pollution Adjudication Board (PAB), proceeds of licenses
and permits issued by the Department under this Act,
emission fees and from donations, endowments and grants
in the forms of contributions. Contributions to the Fund
shall be exempted from donor taxes and all other taxes,
charges or fees imposed by the Government.
Section 15. Air Pollution Research and Development
Program. - The Department, in coordination with the
Department of Science and Technology (DOST), other
agencies, the private sector, the academe, NGOs and POs,
shall establish a National Research and Development
Program for the prevention and control of air pollution.
The Department shall give special emphasis to research on
and the development of improved methods having
industry-wide application for the prevention and control
of air pollution.
Such a research and development program shall develop
air quality guideline values and standards in addition to
internationally-accepted standards. It shall also consider
the socio-cultural, political and economic implications of
air quality management and pollution control.
Article Two
Air Pollution Clearances and Permits for Stationary
Sources
Section 16. Permits. - Consistent with the provisions of this
Act, the Department shall have the authority to issue
permits as it may determine necessary for the prevention
and abatement of air pollution.
Said permits shall cover emission limitations for the regulated air pollutants to
help attain and maintain the ambient air quality standards. These permits shall
Pollutants Standard Applicable to Source Maximum
Permissible
Limits
(mg/Ncm)
Method of Analysisa
1. Antimony and Its
compounds
Any source 10 as Sb AAS
b

2. Arsenic and its
compounds
Any source 10 as As AAS
b

3. Cadmium and its
compounds
Any source 10 as Cd AAS
b

4. Carbon Monoxide Any industrial Source 500 as CO Orsat analysis
5. Copper and its
Compounds
Any industrial source 100 ax Cu AAS
b

6. Hydrofluoric Acids
and Fluoride
compounds
Any source other than the
manufacture of Aluminum from
Alumina
50 as HF Titration with
Ammonium
Thiocyanate
7. Hydrogen Sulfide i) Geothermal Power Plants
ii) Geothermal Exploration and
well-testing
iii) Any source other than (i) and
(ii)
c.d
e

7 as H2S
Cadmium Sulfide
Method

Cadmium Sulfide
Method
8. Lead Any trade, industry or process 10 as Pb AASb
9. Mercury Any Source 5 as elemental
Hg
AASb/Cold-Vapor
Technique or Hg
Analyzer
10. Nickel and its
compounds, except
Nickel Carbonyl
f

Any source 20 as Ni AAS
b

11. NO
x
i) Manufacture of Nitric Acid 2,000 as acid
and NO
x
and
calculated as
NO2
Phenol-disulfonic acid
Method
ii) Fuel burning steam
generators
Existing Source New Source
Coal-Fired
Oil-Fired
iii) Any source other than (i) adn
(ii)
Existing Source
New Source
1,500 as NO
2



1,000 as NO
2

500 as NO
2



1000 as NO
2

500 as NO
2

Phenol-disulfonic acid
Method



Phenol-disulfonic acid
Method
12. Phosphorus
Pentoxide
g

Any source 200 as P
2
O
5
Spectrophotometry
13. Zinc and its
Compound
s

Any source 100 as Zn AAS
b

serve as management tools for the LGUs in the development of their action plan.
Section 17. Emission Quotas. - The Department may allow each regional industrial
center that is designated as special airshed to allocate emission quotas to pollution
sources within its jurisdiction that qualify under an environmental impact
assessment system programmatic compliance program pursuant to the
implementing rules and regulations of Presidential Decree No. 1586.
Section 18. Financial Liability for Environmental Rehabilitation. - As part of the
environmental management plan attached to the environmental compliance
certificate pursuant to Presidential Decree No. 1586 and rules and regulations set
therefor, the Department shall require program and project proponents to put up
financial guarantee mechanisms to finance the needs for emergency response,
clean-up rehabilitation of areas that may be damaged during the program or
projects actual implementation. Liability for damages shall continue even after
the termination of a program or project, where such damages are clearly
attributable to that program or project and for a definite period to be determined
by the Department and incorporated into the environmental compliance
certificate.
Financial liability instruments may be in the form a trust fund, environmental
insurance, surety bonds, letters of credit, as well as self-insurance. The choice of
the guarantee instruments shall furnish the Department with evidence of
availment of such instruments.
Article Three
Pollution from Stationary Sources
Section 19. Pollution From Stationary Sources. - 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. The standards, whichever is applicable, shall be the limit on
the acceptable level of pollutants emitted from a stationary source for the
protection of the publics health and welfare.
With respect to any trade, industry, process and fuel-burning equipment or
industrial plant emitting air pollutants, the concentration at the point of emission
shall not exceed the following limits:
a
Other equivalent methods approved by the Department may be
used.
b
Atomic Absorption Spectrophometry
c
All new geothermal power plants starting construction by 01
January 1995 shall control HsS emissions to not more than
150g/GMW-Hr
d
All existing geothermal power plants shall control HsS
emissions to not more than 200g/GMW-Hr. within 5 years from
the date of efectivity of these revised regulations.
e
Best practicable control technology for air emissions and liquid
discharges. Compliance with air and water quality standards is
required.
f
Emission limit of Nickel Carbonyl shall not exceed 0.5 mg/Ncm.
g
Provisional Guideline
Provided, That the maximum limits in mg/ncm particulates in said sources shall
be:
1. Fuel Burning Equipment
a) Urban or Industrial Area 150 mg/Ncm
b) Other Area 200 mg/Ncm
2. Cement Plants (Kilns, etc.) 150 mg/Ncm
3. Smelting Furnaces 150 mg/Ncm
4. Other Stationary Sources
a
200 mg/Ncm
a
Other Stationary Sources means a trade, process, industrial
plant, or fuel burning equipment other than thermal power
plants, industrial boilers, cement plants, incinerators and
smelting furnaces.
(1) Existing Sources
(i) Manufacture of Sulfuric Acid and
Sulf(on)ation Process
2.0gm.Ncm as SO
3

(ii) Fuel burning Equipment 1.5gm.Ncm as SO
2

(iii) Other Stationary Sourcesa 1.0gm.Ncm as SO
3

(2) New Sources
(i) Manufacture of Sulfuric Acid and
Sulf(on)ation Process
1.5 gm.Ncm as SO
3

(ii) Fuel Burning Equipment 0.7 gm.Ncm as SO
2

(iii) Other Stationary Sources
a
0.2 gm.Ncm as SO
3

Provided, Further, That the maximum limits for sulfur oxides in said sources
shall be:
a
Other Stationary Sources refer to existing and new stationary
sources other than those caused by the manufacture of sulfuric
acid and sulfonation process, fuel burning equipment and
incineration.
For stationary sources of pollution not specifically included in the immediately
preceding paragraph, the following emission standards shall not be exceeded in
the exhaust gas:
I. Daily And Half Hourly Average Values
Daily
Average
Values
Half Hourly
Average
Values
Total dust 10 mg/m
3
30 mg/m
3

Gaseous and vaporous organic substances,
expressed as total organic carbon
Hydrogen chloride (HCl)
Hydrogen fluoride (HF)
Sulfur dioxide (SO2)

10 mg/m
3

10 mg/m
3

1 mg/m
3

50 mg/m
3


20 mg/m
3

60 mg/m
3

4 mg/m
3

200 mg/m
3

Nitrogen monoxide (NO) and Nitrogen
dioxide (NO2), expressed as nitrogen
dioxide for incineration plants with a
capacity exceeding 3 tonnes per hour



200 mg/m
3




400 mg/m
3

Nitrogen monoxide (NO) and nitrogen
dioxide (NO2), expressed as nitrogen
dioxide for incineration plants with a
capacity of 3 tonnes per hour or less



300 mg/m
3


Ammonia 10 mg/m
3
20 mg/m
3

II. All the Average Values Over the Sample Period of a Minimum of 4
and Maximum of 8 Hours.
Cadmium and its compounds, expressed as cadmium (Cd)
total 0.05
mg/m
3

Thallium and its compounds, expressed as thallium (Tl)
Mercury and its Compounds, expressed as mercury (Hg) 0.05 mg/m
3

Antimony and its compounds, expressed as antimony (Sb)
Arsenic and its compounds, expressed as arsenic (As)
total 0.5
mg/m
3

Lead and its compounds, expressed as lead ( Pb)
Chromium and its compounds, expressed as chromium (Cr)
Cobalt and its compounds, expressed as cobalt (Co)
Copper and its compounds, expressed as copper (Cu)
Manganese and its compounds, expressed as manganese (Mn)
Nickel and its compounds, expressed as nickel (Ni)
Vanadium and its compounds, expressed as vanadium (V)
Tin and its compounds, expressed as tin (Sn)
These average values cover also gaseous and the vapor forms of the relevant
heavy metal emission as well as their compounds: Provided, That the emission of
dioxins and furans into the air shall be reduced by the most progressive
techniques: Provided, Further, That all average of dioxin and furans measured
over the sample period of a minimum of 5 hours and maximum of 8 hours must
not exceed the limit value of 0.1 nanogram/m
3
.
Pursuant to Sec. 8 of this Act, the Department shall prepare a detailed action
plan setting the emission standards or standards of performance for any
stationary source the procedure for testing emissions for each type of pollutant,
and the procedure for enforcement of said standards.
Existing industries, which are proven to exceed emission rates established by the
Department in consultation with stakeholders, after a thorough, credible and
transparent measurement process shall be allowed a grace period of eighteen (18)
months for the establishment of an environmental management system and the
installation of an appropriate air pollution control device : Provided, That an
extension of not more than twelve (12) months may be allowed by the Department
on meritorious grounds.
Section 20. Ban on Incineration. - Incineration, hereby defined as the burning of
municipal, biomedical and hazardous waste, which process emits poisonous and
toxic fumes is hereby prohibited; Provided, however, That the prohibition shall
not apply to traditional small-scale method of community/neighborhood
sanitation "siga", traditional, agricultural, cultural, health, and food preparation
and crematoria; Provided, Further, That existing incinerators dealing with a
biomedical wastes shall be out within three (3) years after the effectivity of this
Act; Provided, Finally, that in the interim, such units shall be limited to the
burning of pathological and infectious wastes, and subject to close monitoring by
the Department.
Local government units are hereby mandated to promote, encourage and
implement in their respective jurisdiction a comprehensive ecological waste
management that includes waste segregation, recycling and composting.
With due concern on the effects of climate change, the Department shall promote
the use of state-of-the-art, environmentally-sound and safe non-burn technologies
for the handling, treatment, thermal destruction, utilization, and disposal of
sorted, unrecycled, uncomposted, biomedical and hazardous wastes.
Article Four
Pollution from Motor Vehicles
Section 21. 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.
The following emission standards for type approval of motor vehicles shall be
effective by the year 2003:
a) For light duty vehicles, the exhaust emission limits for gaseous
pollutants shall be:
Emission Limits for Light Duty Vehicles
Type Approval
(Directive 91/441/EEC)
CO
(g/km)
HC + NO
x

(g/km)
PM
a

(g/km)
2.72 0.970.14
a
for compression-ignition engines only
b) For light commercial vehicles, the exhaust emission limit of gaseous
pollutants as a function of the given reference mass shall be:
Emission Limits for Light Commercial Vehicles
Type Approval
(Directive 93/59/EEC)
Reference Weight (RW)
(kg)
CO
(g/km)
HC + NO
x

(g/km)
PM
a
(g/km)
Category 1 1250< RW 2.72 0.97 0.14
Category 2 1250< RW<1700 5.17 1.4 0.19
Category 3 RW>1700 6.9 1.7 0.25
a
for compression-ignition engines only
c) For heavy duty vehicles, the exhaust emission limits of gaseous
pollutants shall be:
Emission Limits for Heavy Duty Vehicles
Type Approval
(Directive 91/542/EEC)
CO
(g/k/Wh)
HC
(g/k/Wh)
NOx
(g/k/Wh)
PM
(g/k/Wh)
4.5 1.1 8.0 0.36a
a
In the case of engines of 85 kW or less, the limit value for particular
emissions in increased by multiplying the quoted limit by a
coefficient of 1.7
Fuel evaporative emission for spark-ignition engines shall not exceed 2.0
grams hydrocarbons per test. Likewise, it shall not allow any emission of
gases from crankcase ventilation system into the atmosphere.
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.
c) The DOTC, together with the DTI and the Department, shall establish the
procedures for the inspection of motor vehicles and the testing of their emissions
for the purpose of determining the concentration and/or rate of pollutants
discharged by said sources.
d) In order to ensure the substantial reduction of emissions from motor vehicles,
the Department of Trade and Industry (DTI), together with the DOTC and the
Department shall formulate and implement a national motor vehicle inspection
and maintenance program that will promote efficient and safe operation of all
motor vehicles. In this regard, the DTI shall develop and implement standards
and procedures for the certification of training institutions, instructors and
facilities and the licensing of qualified private service centers and their
technicians as prerequisite for performing the testing, servicing, repair and the
required adjustment to the vehicle emission system. The DTI shall likewise
prescribe regulations requiring the disclosure of odometer readings and the use of
tamper-resistant odometers for all motor vehicles including tamper-resistant fuel
management systems for the effective implementation of the inspection and
maintenance program.
Section 22. Regulation of All Motor Vehicles and Engines. - Any imported new or
locally-assembled new motor vehicle shall not be registered unless it complies with
the emission standards set pursuant to this Act, as evidenced by a Certificate of
Conformity (COC) issued by the Department.
Any imported new motor vehicle engine shall not be introduced into commerce,
sold or used unless it complies with emission standards set pursuant to this Act.
Any imported used motor vehicle or rebuilt motor vehicle using new or used
engines, major parts or components shall not be registered unless it complies with
the emission standards.
In case of non-compliance, the importer or consignee may be allowed to modify or
rebuild the vehicular engine so it will be in compliance with applicable emission
standards.
No motor vehicle registration (MVR) shall be issued unless such motor vehicle
passes the emission testing requirement promulgated in accordance with this Act.
Such testing shall be conducted by the DOTC or its authorized inspection centers
within sixty (60) days prior to date of registration.
The DTI shall promulgate the necessary regulations prescribing the useful life of
vehicles and engines including devices in order to ensure that such vehicles will
conform to the emissions which they were certified to meet. These regulations
shall include provisions for ensuring the durability of emission devices.
Section 23. Second-Hand Motor Vehicle Engines. - Any imported second-hand
motor vehicle engine shall not be introduced into commerce, sold or used unless it
complies with emission standards set pursuant to this Act.
Article Five
Pollution from Other Sources
Section 24. 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.
Section 25. 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.
Chapter 3
Fuels, Additives, Substances and Pollutants
Article One
Fuels, Additives and Substances
Section 26. Fuels and Additives. - Pursuant to the Air Quality Framework to be
established under Section 7 of this Act, the Department of Energy (DOE), co-
chaired by the Department of Environment and Natural Resources (DENR), in
consultation with the Bureau of Product Standards (BPS) of the DTI, the DOST,
the representatives of the fuel and automotive industries, academe and the
consumers shall set the specifications for all types of fuel and fuel-related
products, to improve fuel composition for increased efficiency and reduced
emissions: Provided, however, that the specifications for all types of fuel and fuel-
related products set-forth pursuant to this section shall be adopted by the BPS as
Philippine National Standards (PNS).
The DOE shall also specify the allowable content of additives in all types of fuels
and fuel-related products. Such standards shall be based primarily on threshold
levels of health and research studies. On the basis of such specifications, the DOE
shall likewise limit the content or begin that phase-out of additives in all types of
fuels and fuel-related products as it may deem necessary. Other agencies involved
in the performance of this function shall be required to coordinate with the DOE
and transfer all documents and information necessary for the implementation of
this provision.
Consistent with the provisions of the preceding paragraphs under this section, it is
declared that:
a) not later than eighteen (18) months after the effectivity of this Act, no
person shall manufacture, import, sell, supply, offer for sale, dispense,
transport or introduce into commerce unleaded premium gasoline fuel
which has an anti-knock index (AKI) of not less that 87.5 and Reid vapor
pressure of not more than 9 psi. Within six (6) months after the
effectivity of this Act, unleaded gasoline fuel shall contain aromatics not
to exceed forty-five percent (45%) by volume and benzene not to exceed
four percent (4%) by volume; Provided, that by year 2003, unleaded
gasoline fuel should contain aromatics not to exceed thirty-five percent
(35%) by volume and benzene not to exceed two percent (2%) by volume;
b) not later than eighteen (18) months after the effectivity of this Act, no
person shall manufacture, import, sell, supply, offer for sale, dispense,
transport or introduce into commerce automotive diesel fuel which
contains a concentration of sulfur in excess of 0.20% by weight with a
cetane number of index of not less than forty-eight (48): Provided, That
by year 2004, content of said sulfur shall be 0.05% by weight; and
c) not later than eighteen (18) months after the effectivity of this Act, no
Person shall manufacture, import, sell, supply, offer for sale, dispense,
transport or introduce into commerce industrial diesel fuel which
contains a concentration of sulfur in excess of 0.30% (by weight).
Every two (2) years thereafter or as the need arises, the specifications of unleaded
gasoline and of automotive and industrial diesel fuels shall be reviewed and
revised for further improvement in formulation and in accordance with the
provisions of this Act.
The fuels characterized above shall be commercially available. Likewise, the same
shall be the reference fuels for emission and testing procedures to be established in
accordance with the provisions of this Act.
Any proposed additive shall not in any way increase emissions of any of the
regulated gases which shall include, but not limited to carbon monoxide,
hydrocarbons, and oxides of nitrogen and particulate matter, in order to be
approved and certified by the Department.
Section 27. Regulation of Fuels and Fuel Additives. - The DOE, in coordination
with the Department and the BPS, shall regulate the use of any fuel or fuel
additive. No manufacturer, processor or trader of any fuel or additive may
import, sell, offer for sale, or introduce into commerce such fuel for additive
unless the same has been registered with the DOE. Prior to registration, the
manufacturer, processor or trader shall provide the DOE with the following
relevant information:
a) Product identity and composition to determine the potential health
effects of such fuel additives;
b) Description of the analytical technique that can be used to detect and
measure the additive in any fuel;
c) Recommended range of concentration; and
d) Purpose in the use of the fuel and additive.
Section 28. Misfueling. - In order to prevent the disabling of any emission control
device by lead contamination, no person shall introduce or cause or allow the
introduction of leaded gasoline into any motor vehicle equipped with a gasoline
tank filler inlet and labeled "unleaded gasoline only". This prohibition shall also
apply to any person who knows or should know that such vehicle is designed
solely for the use of unleaded gasoline.
Section 29. Prohibition on Manufacture, Import and Sale of leaded Gasoline and of
Engines and/or Components Requiring Leaded Gasoline. - Effective not later than
eighteen (18) months after the enactment of this Act, no person shall manufacture,
import, sell, offer for sale, introduce into commerce, convey or otherwise dispose
of, in any manner, leaded gasoline and engines and components requiring the use
of leaded gasoline.
For existing vehicles, the DTI shall formulate standards and procedures that will
allow non-conforming engines to comply with the use of unleaded fuel within
five(5) years after the effectivity of this Act.
Article Two
Other Pollutants
Section 30. Ozone-Depleting Substances. - Consistent with the terms and conditions
of the Montreal Protocol on Substances that Deplete the Ozone Layer and other
international agreements and protocols to which the Philippines is a signatory,
the Department shall phase out ozone-depleting substances.
Within sixty (60) days after the enactment of this Act, the Department shall
publish a list of substances which are known to cause harmful effects on the
stratospheric ozone layer.
Section 31. Greenhouse Gases. - The Philippine Atmospheric, Geophysical and
Astronomical Service
Administration (PAGASA) shall regularly monitor meteorological factors
affecting environmental conditions including ozone depletion and greenhouse
gases and coordinate with the Department in order to effectively guide air
pollution monitoring and standard-setting activities.
The Department, together with concerned agencies and local government units,
shall prepare and fully implement a national plan consistent with the United
Nations Framework Convention on Climate Change and other international
agreements, conventions and protocols on the reduction of greenhouse gas
emissions in the country.
Section 32. Persistent Organic Pollutants. - The Department shall, within a period
of two (2) years after the enactment of this Act, establish an inventory list of all
sources of Persistent Organic Pollutants (POPs) in the country. The Department
shall develop short-term and long-term national government programs on the
reduction and elimination of POPs such as dioxins and furans. Such programs
shall be formulated within a year after the establishment of the inventory list.
Section 33. Radioactive Emissions. - All projects which will involve the use of
atomic and/or nuclear energy, and will entail release and emission of radioactive
substances into the environment, incident to the establishment or possession of
nuclear energy facilities and radioactive materials, handling, transport,
production, storage, and use of radioactive materials, shall be regulated in the
interest of public health and welfare by the Philippine
Nuclear Research Institute (PNRI), in coordination with Department and other
appropriate government agencies.
Chapter 4
Institutional Mechanism
Section 34. Lead Agency. - The Department, unless otherwise provided herein,
shall be the primary government agency responsible for the implementation and
enforcement of this Act. To be more effective in this regard, The Department's
Environmental Management Bureau (EMB) shall be converted from a staff
bureau to a line bureau for a period of no more than two (2) years, unless a
separate, comprehensive environmental management agency is created.
Section 35. Linkage Mechanism. - The Department shall consult, participate,
cooperate and enter into agreement with other government agencies, or with
affected non-governmental (NGOs) or people's organizations (POs),or private
enterprises in the furtherance of the objectives of this Act.
Section 36. Role of Local Government Units. - Local Government Units (LGUs)
shall share the responsibility in the management and maintenance of air quality
within their territorial jurisdiction. Consistent with Sections 7, 8 and 9 of this Act,
LGUs shall implement air quality standards set by the Board in areas within their
jurisdiction; Provided, however, That in case where the board has not been duly
constituted and has not promulgated its standards, the standards set forth in this
Act shall apply.
The Department shall provide the LGUs with technical assistance, trainings and a
continuing capability-building program to prepare them to undertake full
administration of the air quality management and regulation within their
territorial jurisdiction.
Section 37. Environmental and Natural Resources Office. - There may be
established an Environment and Natural Resources Office in every province, city,
or municipality which shall be headed by the environment and natural resources
officer and shall be appointed by the Chief Executive of every province, city or
municipality in accordance with the provisions of Section 484 of Republic Act No.
7160. Its powers and duties, among others, are:
a) To prepare comprehensive air quality management programs, plans
and strategies within the limits set forth in Republic act. No. 7160 and
this Act which shall be implemented within its territorial jurisdiction
upon the approval of the sanggunian;
b) To provide technical assistance and support to the governor or mayor,
as the case may be, in carrying out measures to ensure the delivery of
basic services and the provision of adequate facilities relative to air
quality;
c) To take the lead in all efforts concerning air quality protection and
rehabilitation;
d) To recommend to the Board air quality standards which shall not
exceed the maximum permissible standards set by rational laws;
e) To coordinate with other government agencies and non-governmental
organizations in the implementation of measures to prevent and control
air pollution; and
f) Exercise such other powers and perform such duties and functions as
may be prescribed by law or ordinance: Provided, however, That in
provinces/cities/municipalities where there are no environment and
natural resources officers, the local executive concerned may designate
any of his official and/or chief of office preferably the provincial, city or
municipal agriculturist, or any of his employee: Provided, Finally, That
in case an employee is designated as such, he must have sufficient
experience in environmental and natural resources management,
conservation and utilization.
Section 38. Record-keeping, Inspection, Monitoring and Entry by the Department.
- The Department or its duly accredited entity shall, after proper consultation
and notice, require any person who owns or operates any emissions source or who
is subject to any requirement of this Act to:
(a) establish and maintain relevant records;
(b) make relevant reports;
(c) install, use and maintain monitoring equipment or methods;
(d) sample emission, in accordance with the methods, locations, intervals
and manner prescribed by the Department;
(e) keep records on control equipment parameters, production variables
or other indirect data when direct monitoring of emissions is impractical;
and
(f) provide such other information as the Department may reasonably
require.
Pursuant to this Act, the Department, through its authorized representatives,
shall have the right of:
(a) entry or access to any premises including 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 emission.
Any record, report or information obtained under this section shall be made
available to the public, except upon a satisfactory showing to the Department by
the entity concerned that the record, report or information, or parts thereof, if
made public, would divulge secret methods or processes entitled to protection as
intellectual property. Such record, report or information shall likewise be
incorporated in the Department's industrial rating system.
Section 39. Public Education and Information Campaign. - A continuing air
quality information and education campaign shall promoted by the Department,
the Department of Education, Culture and Sports (DECS), the Department of the
Interior and Local Government (DILG), the Department of Agriculture (DA) and
the Philippine Information Agency (PIA). Consistent with Sec. 7 of this Act, such
campaign shall encourage the participation of other government agencies and the
private sector including NGOs, POs, the academe, environmental groups and
other private entities in a multi-sectoral information campaign.
Chapter 5
Actions
Section 40. Administrative Action. - Without prejudice to the right of any
affected person to file an administrative action, the Department shall, on its own
instance or upon verified complaint by any person, institute administrative
proceedings against any person who violates:
(a) Standards or limitation provided under this Act; or
(b) Any order, rule or regulation issued by the Department with respect
to such standard or limitation.
Section 41. Citizen Suits. - For purposes of enforcing the provisions of this Act or
its implementing rules and regulations, any citizen may file an appropriate civil,
criminal or administrative action in the proper courts against:
(a) Any person who violates or fails to comply with the provisions of this
Act or its implementing rules and regulations; or
(b) The Department or other implementing agencies with respect to
orders, rules and regulations issued inconsistent with this Act; and/or
(c) Any public officer who willfully or grossly neglects the performance of
an act specifically enjoined as a duty by this Act or its implementing
rules and regulations; or abuses his authority in the performance of his
duty; or, in any manner, improperly performs his duties under this Act
or its implementing rules and regulations: Provided, however, That no
suit can be filed until thirty-day (30) notice has been taken thereon.
The court shall exempt such action from the payment of filing fees, except fees for
actions not capable of pecuniary estimations, and shall likewise, upon prima facie
showing of the non-enforcement or violation complained of, exempt the plaintiff
from the filing of an injunction bond for the issuance of a preliminary injunction.
Within thirty (30) days, the court shall make a determination if the compliant
herein is malicious and/or baseless and shall accordingly dismiss the action and
award attorney's fees and damages.
Section 42. Independence of Action. - The filing of an administrative suit against
such person/entity does not preclude the right of any other person to file any
criminal or civil action. Such civil action shall proceed independently.
Section 43. Suits and Strategic Legal Actions Against Public Participation and the
Enforcement of This Act. - Where a suit is brought against a person who filed an
action as provided in Sec. 41 of this Act, or against any person, institution or
government agency that implements this Act, it shall be the duty of the
investigating prosecutor or the court, as the case may be, to immediately make a
determination not exceeding thirty (30) days whether said legal action has been
filed to harass, vex, exert undue pressure or stifle such legal recourses of the
person complaining of or enforcing the provisions of this Act. Upon
determination thereof, evidence warranting the same, the court shall dismiss the
case and award attorney's fees and double damages.
This provision shall also apply and benefit public officers who are sued for acts
committed in their official capacity, their being no grave abuse of authority, and
done in the course of enforcing this Act.
Section 44. Lien Upon Personal and Immovable Properties of Violators. - Fines
and penalties imposed pursuant to this Act shall be liens upon personal or
immovable properties of the violator. Such lien shall, in case of insolvency of the
respondent violator, enjoy preference to laborer's wages under Articles 2241 and
2242 of Republic Act No. 386, otherwise known as the New Civil Code of the
Philippines.
Chapter 6
Fines and Penalties
Section 45. 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.
For purposes of the application of the fines, the PAB shall prepare a fine rating
system to adjust the maximum fine based on the violator's ability to pay, degree
of willfulness, degree of negligence, history of non-compliance and degree of
recalcitrance: Provided, That in case of negligence, the first time offender's ability
to pay may likewise be considered by the Pollution Adjudication Board: Provided,
Further, That in the absence of any extenuating or aggravating circumstances,
the amount of fine for negligence shall be equivalent to one-half of the fine for
willful violation.
The fines herein prescribed shall be increased by at least ten percent (10%), every
three (3) years to compensate for inflation and to maintain the deterrent function
of such fines.
In addition to the fines, the PAB shall order closure, suspension of development,
construction, or operations of the stationary sources until such time that proper
environmental safeguards are put in place: Provided, That an establishment
liable for a third offense shall suffer permanent closure immediately. This
paragraph shall be without prejudice to the immediate issuance of an ex parte
order for such closure, suspension of development or construction, or cessation of
operations during the pendency of the case upon prima facie evidence that their
is imminent threat to life, public health, safety or general welfare, or to plant or
animal life, or whenever there is an exceedance of the emission standards set by
the Department and/or the Board and/or the appropriate LGU.
Section 46. 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).
Any violation of the provisions of Sec. 21 paragraph (d) with regard to national
inspection and maintenance program, including technicians and facility
compliance shall penalized with a fine of not less than Thirty Thousand Pesos
(P30,000.00) or cancellation of license of both the technician and the center, or
both, as determined by the DTI.
All law enforcement officials and deputized agents accredited to conduct vehicle
emissions testing and apprehensions shall undergo a mandatory training on
emission standards and regulations. For this purpose, the Department, together
with the DOTC, DTI, DOST, Philippine National Police (PNP) and other
concerned agencies and private entities shall design a training program.
Section 47. 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.
Section 48. 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.
Chapter 7
Final Provisions
Section 49. Potential Loss or Shifts of Employment. - The Secretary of Labor is
hereby authorized to establish a compensation, retraining and relocation
program to assist workers laid off due to a company's compliance with the
provisions of this Act.
Section 50. Appropriations. - An amount of Seven Hundred Fifty Million Pesos
(P750,000,000.00) shall be appropriated for the initial implementation of this Act,
of which, the amount of Three Hundred Million Pesos (P300,000,000.00) shall be
appropriated to the Department; Two Hundred Million Pesos (P200,000,000.00)
to the DTI; One Hundred Fifty Million Pesos (P150,000,000.00) to the DOTC; and
One Hundred Million Pesos (P100,000,000.00) to the DOE.
Thereafter, the amount necessary to effectively carry out the provisions of this
Act shall be included in the General Appropriations Act.
Section 51. Implementing Rules and Regulations. - The Department, in
coordination with the Committees on Environment and Ecology of the Senate and
House of Representatives, respectively and other agencies, shall promulgate the
implementing rules and regulations for this Act, within one (1) year after the
enactment of this Act: Provided, That rules and regulations issued by other
government agencies and instrumentalities for the prevention and/or abatement
of pollution not inconsistent with this Act shall supplement the rules and
regulations issued by the Department pursuant to the provisions of this Act.
Section 52. Report to Congress. - The Department shall report to Congress, not
later than March 30 of every year following the approval of this Act, the progress
of the pollution control efforts and make the necessary recommendations in areas
where there is need for legislative action.
Section 53. Joint Congressional Oversight Committee. - There is hereby created a
joint congressional oversight committee to monitor the implementation of this
Act. The committee shall be composed of five (5) senators and five (5)
representatives to be appointed by the Senate President and the Speaker of the
House of Representatives, respectively, the oversight committee shall be co-
chaired by a senator and a representative designated by the Senate President and
the Speaker of the House of Representatives, respectively.
The mandate given to the joint congressional oversight committee under this Act
shall be without prejudice to the performance of the duties and functions by the
respective existing oversight committees of the Senate and the House of
Representatives.
Section 54. Separability of Provisions. - If any provision of this Act or the
application of such provision to any person or circumstances is declared
unconstitutional, the remainder of the Act or the application of such provision to
other person or circumstances shall not be affected by such declaration.
Section 55. Repealing Clause. - Presidential Decree No. 1181 is hereby repealed.
Presidential Decrees Nos. 1152, 1586 and Presidential Decree No. 984 are partly
modified. All other laws, orders, issuance, rules and regulations inconsistent
herewith are hereby repealed or modified accordingly.
Section 56. Effectivity. - This Act shall take effect fifteen (15) days from the date of
its publication in the Official Gazette or in at least two (2) newspapers of general
circulation.
Approved, June 23, 1999.