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This document discusses the legal concept of natural resources and the realian doctrine under Philippine law. It provides definitions of natural resources from Black's Law Dictionary and other sources. The realian doctrine establishes that all natural wealth like lands, minerals, and forests belong to the State. The Constitution affirms State ownership and control over the exploration and development of natural resources. The document also summarizes a key Supreme Court case that upheld the constitutionality of the Indigenous Peoples' Rights Act in light of the realian doctrine.
This document discusses the legal concept of natural resources and the realian doctrine under Philippine law. It provides definitions of natural resources from Black's Law Dictionary and other sources. The realian doctrine establishes that all natural wealth like lands, minerals, and forests belong to the State. The Constitution affirms State ownership and control over the exploration and development of natural resources. The document also summarizes a key Supreme Court case that upheld the constitutionality of the Indigenous Peoples' Rights Act in light of the realian doctrine.
This document discusses the legal concept of natural resources and the realian doctrine under Philippine law. It provides definitions of natural resources from Black's Law Dictionary and other sources. The realian doctrine establishes that all natural wealth like lands, minerals, and forests belong to the State. The Constitution affirms State ownership and control over the exploration and development of natural resources. The document also summarizes a key Supreme Court case that upheld the constitutionality of the Indigenous Peoples' Rights Act in light of the realian doctrine.
Resources Blacks first definition in his 7 th ed. is any material from nature having potential economic value or providing for the sustenance of life, such as timber, minerals, oil, water and wildlife. The second definition is environmental features that serve a communitys wellbeing or recreational interests, such as parks. Blacks !"i#th edition, $%%&', defined natural resources as any material in its native state which when e#tracted has economic value. Basically it states that for a substance or feature to be classified as a natural resource, it must offer potential or actual economic value, creating wealth. Definition of Natural Resources Ot!er We"sites Natural resource is any naturally occurring substance or feature of the environment !physical or biological' that, while not created by human effort, can be e#ploited by humans to satisfy their needs or wants. (any of such resources are our life line such as water, air and solar radiation, which are essential elements for the e#istence of all the flora and fauna. Two basic conditions for a substance or feature to be classified as a natural resource) *irst, the resource must e#ist naturall$ in the environment+ that is, not synthetically produced by human beings, such as in a laboratory or factory. "econd, the resource must be able to be e#ploited by humans to %irectl$ satisf$ a nee% or want& ,atural resources may either be) a' Biotic resources which are derived from biosphere such as the forests, marine organism, animals, birds and their products including mineral fuels come in this category, or b' -biotic which includes water, air, land and elemental ores such as gold, silver, copper, iron etc. .t may also be either be renewable and non renewable resources. - renewable resource grows again or comes back again after we use it. *or e#ample, sunlight, water, and trees are renewable resources. - nonrenewable resource is a resource that does not grow or come back, or a resource that would take a very long time to come back. *or e#ample, coal is a nonrenewable resource. Re'alian Doctrine Art (II) Sec& * of t!e +,-. Constitution -ll lands of the public domain, waters, minerals, coal, petroleum, and other mineral oils, all forces of potential energy, fisheries, forests or timber, wildlife, flora and fauna, and other natural resources are owned by the "tate. /ith the e#ception of agricultural lands, all other natural resources shall not be alienated. The e#ploration, development, and utili0ation of natural resources shall be under the full control and supervision of the "tate. The "tate may directly undertake such activities, or it may enter into coproduction, 1oint venture, or production sharing agreements with *ilipino citi0ens, or corporations or associations at least si#ty per centum of whose capital is owned by such citi0ens. "uch agreements may be for a period not e#ceeding twentyfive years, renewable for not more than twentyfive years, and under such terms and conditions as may be provided by law. .n cases of water rights for irrigation, water supply fisheries, or industrial uses other than the development of water power, beneficial use may be the measure and limit of the grant. The "tate shall protect the nation2s marine wealth in its archipelagic waters, territorial sea, and e#clusive economic 0one, and reserve its use and en1oyment e#clusively to *ilipino citi0ens. The 3ongress may, by law, allow smallscale utili0ation of natural resources by *ilipino citi0ens, as well as cooperative fish farming, with priority to subsistence fishermen and fish workers in rivers, lakes, bays, and lagoons. The 4resident may enter into agreements with foreignowned corporations involving either technical or financial assistance for largescale e#ploration, development, and utili0ation of minerals, petroleum, and other mineral oils according to the general terms and conditions provided by law, based on real contributions to the economic growth and general welfare of the country. .n such agreements, the "tate shall promote the development and use of local scientific and technical resources. T!e Conce/t of 0ure Re'alia 1Re'alian Doctrine2 This principle means that all natural wealth agricultural, forest or timber, and mineral lands of the public domain and all other natural resources belong to the "tate. Thus, even if the private person owns the property where minerals are discovered, his ownership for such does not give him the right to e#tract or utili0e said minerals without permission from the state to which such minerals belong. The abovementioned provision provides that e#cept for agricultural lands for public domain which alone may be alienated, forest or timber, and mineral lands, as well as all other natural resources must remain with the "tate, the e#ploration, development and utili0ation of which shall be sub1ect to its full control and supervision albeit allowing it to enter into coproduction, 1oint venture or productionsharing agreements, or into agreements with foreignowned corporations involving technical or financial assistance for largescale e#ploration, development, and utili0ation Cases +& Cru3 4s& Secretar$ of En4iron5ent an% Natural Resource 1*6662 7acts 4etitioners .sagani 3ru0 and 3esar 5uropa filed a case for prohibition and mandamus as citi0en and ta#payers, assailing the constitutionality of certain provisions of the .ndigenous 4eoples 6ights -ct !.46-' and its implementing 6ules on ground that they amount to an unlawful deprivation of the "tates ownership over lands of public domain and minerals and other natural resources, in violation of the 6egalian doctrine. o They likewise contend that providing an allencompassing definition of ancestral domain and ancestral lands which might even include private lands within the areas violate the rights of private land owners. o 4etitioners likewise contend that provisions of the .46- defining the 1urisdiction and powers of the ,3.4 violate due process of law. o 7astly, petitioners assail the validity of ,3.4 -dministrative 8rder ,o. $ which provides that the administrative relationship of the ,3.4 to the 8ffice of the 4resident !84' as lateral and autonomous relationship for purposes of policy coordination, thereby infringing upon the 4residents power of control over the e#ecutive department. - groups of intervenors, including "en. *lavier, one of the authors of the .46- and members of $$9 groups of indigenous peoples prayed for the dismissal of the petition. The 3ommission of :uman 6ights likewise asserts that .46- is an e#pression of the principle of parens patriae and that the "tate has the responsibility to protect the rights of the indigenous peoples. Decision The votes of the 3ourt are split where 7 voted to dismiss the petition and 7 voted to grant. -s the votes were e;ually divided and the necessary ma1ority was not obtained, the petition was dismissed. "54-6-T5 84.,.8, !<ustice 4uno' .. T!e De4elo/5ent of t!e Re'alian Doctrine in t!e 8!ili//ine Le'al S$ste5 -. T!e Laws of In%ies The 6egalian =octrine or 1ura regalia is a /estern legal concept first introduced by the "paniards through the Laws of Indies and the 6oyal 3edulas. -ll lands became the e#clusive dominion of the "panish 3rown, and the "panish >overnment took charge of distributing the lands by issuing royal grants and concessions to "paniards. 4rivate land titles can only be ac;uired from the government by purchase or other land grant from the 3rown. The 7aw of .ndies was followed by the Mortgage Law of 1893 which provided for the systematic registration of titles and deeds. The Maura Law of 1894 was the last "panish law promulgated in the 4hilippines, which re;uired the registration of all agricultural lands+ otherwise the lands shall revert to the state. B. Valentin 4s& 9urciano This case answered the ;uestion of which is the better basis for ownership of land) long time occupation or paper title. .n this case, plaintiffs entered into peaceful occupation of the sub1ect land while defendants ourchased the land in $?%9. The 3ourt ruled that from $?@& to $?%9 there was no law in force in the 4hilippines by which plaintiffs could obtain ownership by prescription, without any action of the "tate, otherwise the same shall remain the property of the "tate. Thus, it re;uired settlers on public lands to obtain titles deeds from the "tate. 3. 8u"lic Lan% Acts an% t!e Torrens S$ste5 Act No 9!", the first 4ublic 7and -ct, was passed in pursuance with the 4hilippine Bill of $%&9, governing the disposition of land of public domain. .t prescribe rules for the homesteading, selling and leasing of portions of the public domain, and to enable persons to perfect their titles to public lands. .t also provided for the issuance of patents to certain native settlers upon public lands. -ct ,o. %9@ was superseded by the Act !8#4, the second 4ublic 7and -ct, passed under the <ones 7aw. it limited the e#ploitation of agricultural lands to *ilipinos and -mericans and citi0ens of other countries which gave the *ilipinos the same privileges. .t was amended by $ommonwealt% Act No 141which remains the present 4ublic 7and 7aw. >rants of public land were brought under the operation of the &orrens '(stem under Act 49" which placed all public and private lands in the 4hilippines under the Torrens system, re;uiring that the government issue an official certificate of title attesting to the fact that the person named is the owner of the property described. =. T!e 8!ili//ine Constitutions The 6egalian =octrine was enshrined in the $%AB, $%7A and $%?7 3onstitutions which basically states that all lands of the public domain as well as natural resources, whether on public or private land, belong to the "tate. .t is this concept of state ownership that petitioners claim is being violated by the .46-. ... T!e In%i'enous 8eo/les Ri'!ts Act The .46- recogni0es the e#istence of the indigenous cultural communities or indigenous peoples as a distinct sector. .t grants these people the ownership and possession of their ancestral domains and ancestral lands, and defines the e#tent of these lands and domains. /ithin their ancestral domains and lands the .33sC.4s are given the right to selfgovernance and right to preserve their culture. To carry out the policies of the -3T, the law created the ,ational 3ommission on .ndigenous 4eoples !,3.4' -. In%i'enous 8eo/les .ndigenous 3ultural 3ommunities or .ndigenous 4eoples !.33sC .4s' refer to a group of people who have continuously lived as an organi0ed community on communally bounded and defined territory. These groups of peoples have actually occupied, possessed and utili0ed their territories under claim of ownership since time immemorial. Their unit of government is the barangay. .n a baranganic society, the chiefs administered the lands in the name of the barangay, there was no private property in land. /hen .slam was introduced in the country in the archipelago of (aguindanao, the "ultanate of "ulu claimed 1urisdiction over territorial areas. /hen "paniards settled in the 4hilippines, "panish missionaries were ordered to establish pue)los where church would be constructed. -ll the new 3hristian converts were re;uired to construct their house around the church. -ll lands lost by the old barangays in the process of pueblo organi0ation and all lands not assigned to the pueblos were declared to be lands of the 3rown., and the natives were stripped of their ancestral rights to the lands. The -merican government classified the *ilipinos into two) 3hristian *ilipinos and non3hristian *ilipinos, not to religious belief, but to geographical area, the latter referring to natives of the 4hilippines of a low grade of civili0ation, usually living in tribal relationship. The -mericans pursued a policy of assimilation. They passed Act No !*3 creating t%e )ureau of Non+ $%ristian &ri)es to determine the most practicable means for bring about their advancement. The 193* $onstitution did not carry any policy on the non3hristian *ilipinos. .t was in the 19#3 $onstitution that the "tate recogni0ed the customs and interest of national cultural communities in the formulation of state policies. .n $%7D, 4resident (arcos promulgated ,- 41. or t%e Ancestral Lands -ecree/ providing for the issuance of land occupancy certificates to members of the national cultural communities. The -;uino government shifted from the policy of integration to one of preservation. "he created the 8ffice of (uslim -ffairs, 8ffice of ,orthern 3ultural 3ommunities and the 8ffice for "outhern 3ultural 3ommunities all under the 84. The 198# $onstitution e#pressly guaranteed the rights of tribal *ilipinos to their ancestral domain and ancestral lands. .... T:E 8ROVISIONS O7 T:E I8RA DO NOT CONTRAVENE T:E CONSTITUTION -. Ancestral Do5ains an% Ancestral Lan%s are t!e 8ri4ate 8ro/ert$ of t!e In%i'enous 8eo/les an% %o not constitute 8art of t!e Lan% of 8u"lic Do5ain Ancestral domains are all areas belonging to .33sC.4s held under a claim of ownership, occupied or possessed by .33sC.4s since time immemorial, continuously until the present e#cept when interrupted by war or force ma1eure. .t comprises of lands, inland waters, coastal areas, and natural resources therein and includes ancestral lands, forests, pastures, hunting grounds, burial grounds, and bodies of water, mineral and other natural resources. Ancestral lands are lands held by the .33sC .4s under the same conditions as ancestral domains e#cept that these are limited to lands, not merely occupied and possessed but are also utili0ed, including residential lots, rice terraces, or paddies, private forests. The delineation of ancestral domains and lands is conferred on the ,3.4 who shall issue a 3ertificate of -ncestral =omain !3-=T' upon finding that the application is meritorious, in the name of the community. -ncestral 7ands outside the ancestral domain, the ,3.4 issues a 3ertificate of 7and Title !3-7T'. The 3-7Ts and 3-=Ts shall be registered in the 6egister of =eeds in the place where property is situated. B. Carino 4s& Insular ;o4ern5ent 8n <une 9A, $%&A, (ateo 3ariEo went to the 3ourt of 7and 6egistration to petition his inscription as the owner of a $D@ hectare land hes been possessing in the then municipality of Baguio. (ateo only presented possessory information and no other documentation. The "tate opposed the petition averring that the land is part of the F" military reservation. The 376 ruled in favor of (ateo. The "tate appealed. (ateo lost. (ateo averred that a grant should be given to him by reason of immemorial use and occupation. The F" "3 ruled in favor of 3arino and ordered the registration of the sub1ect lands in his name. The court laid down the presumption of a certain title held as far back as memory went and under a claim of private ownership. 7and held by this title is presumed to never have been public land. The registration re;uirement was not to confer title, but simply to establish it. .n a nutshell, $ari0o enunciated the legal presumption that ancestral lands and domains were not part of the public domain, having maintained their character as private lands of the indigenous peoples since time immemorial 1%( $arino doctrine is uni2ue3 3arino is the only case that specifically recogni0es native title. 3arino was cited by succeeding cases to support the concept of ac;uisitive prescription under the 4ublic 7and -ct 8ther "eparate 8pinions) 0ustice <a/unan 6egalian theory doesnt negate the native title to lands held in private ownership since time immemorial, adverting to the landmark case of 3-6.,8 G. 783-7 >8G56,(5,T, where the F" "3 through :olmes held) ### the land has been held by individuals under a claim of private ownership, it will be presumed to have been held in the same way from before the "panish con;uest, and never to have been public land. 5#istence of native titie to land, or ownership of land by *ilipinos by virtue of possession under a claim of ownership since time immemorial and independent of any grant from the "panish crown as an e#ception to the theory of 1ure regalia 0ustice 8uno) 3arino case firmly established a concept of private land title that e#isted irrespective of any royal grant from the "tate and was based on the strong mandate e#tended to the .slands via the 4hilippine Bill of $%&9. The .46- recogni0es the e#istence of .33sC.4s as a distinct sector in the society. .t grants this people the ownership and possession of their ancestral domains and ancestral lands and defines the e#tent of these lands and domains 9. C!a4e3 4s& 8u"lic Estates Aut!orit$ 1*66*2 +
7acts The 4hil govt !through the 3ommissioner of 4ublic :ighways' signed a contract with the 3=34 !3onstruction and =evelopment 3orporation of the 4hilippines' to reclaim certain foreshore and offshore areas of (anila Bay and for the construction of the (anila3avite 3oastal 6oad. 4res. (arcos issued 4.=. $&?D creating 45- !4ublic 5states -uthority' and transferred to it the Hlands reclaimed in (anila Bay for the (anila3avite 6oad and 6eclamation 4ro1ect !(33664'. Thereafter, 4res. -;uino issued "pecial 4atent ,o. AB$7, granting and transferring to 45- the parcels of land so reclaimed under the (33664. - T3T was also issued in the name of 45- covering A reclaimed islands known as the I*reedom .slandsI !$B7.?D hectares' located at the southern portion of the (anila3avite 3oastal 6oad, 4araJa;ue 3ity, which were part of these lands ac;uired by 45-. 45- entered into a <oint Genture -greement !<G-' with -(-6. !-(-6. 3oastal Bay and =evelopment 3orporation', a private corporation, to develop the *reedom .slands. o :owever, the <G- also re;uired the reclamation of an additional 9B& hectares of submerged areas surrounding these islands to complete the configuration in the (aster =evelopment 4lan of the "outhern 6eclamation 4ro1ect (33664. o 45- and -(-6. entered into the <G- through negotiation without public bidding. 8n <une ?, $%%B, then 4resident *idel G. 6amos, through then 5#ecutive "ecretary 6uben Torres, approved the <G-. 8n ,ovember 9%, $%%@, then "enate 4resident (aceda delivered a privilege speech denouncing the <G- as the Igrandmother of all scams.I Thus the "enate 3ommittees investigated on the matter and concluded !$' the reclaimed lands 45- seeks to transfer to -(-6. under the <G- are lands of the public domain which the government has not $ Two subse;uent motions for reconsideration was filed and were denied. classified as alienable lands and therefore 45- cannot alienate these lands+ !9' the certificates of title covering the *reedom .slands are thus void, and !A' the <G- itself is illegal. 4etitioner *rank 3have0, as a ta#payer, filed the instant 4etition for (andamus with 4rayer for .ssuance of a /rit of 4reliminary .n1unction and T68. (arch A&, $%%%, 45- and -(-6. signed an -mended <oint -greement, which was approved by 4res. 5strada. ,ote) The Amended Joint Venture Agreement) The sub1ect matter of the -mended <G-, as stated in its second /hereas clause, consists of three properties, namely) $. IKTLhree partially reclaimed and substantially eroded islands along 5milio -guinaldo Boulevard in 4arana;ue and 7as 4inas, (etro (anila, with a combined titled area of $,B7?,DD$ s;uare meters+I 9. IK-Lnother area of 9,D9$,BB% s;uare meters contiguous to the three islands+I and A. IK-Lt -(-6.2s option as approved by 45-, an additional AB& hectares more or less to regulari0e the configuration of the reclaimed area.I 45- confirms that the -mended <G- involves Ithe development of the *reedom .slands and further reclamation of about 9B& hectares # # #,I plus an option Igranted to -(-6. to subse;uently reclaim another AB& hectares # # #.I .n short, the -mended <G- covers a reclamation area of 7B& hectares. Only 157.84 hectares of the 750-hectare reclamation ro!ect ha"e #een reclaimed$ and the rest of the 5%&.15 hectares are still su#merged areas forming art of 'anila (ay. )ndisuta#ly$ under the Amended JVA$ A'A*) +ill ac,uire and o+n a ma-imum of ./7.5 hectares of reclaimed land +hich +ill #e titled in its name. Issue /hether the stipulations in the -mended <oint Genture -greement or the transfer to -(-6. of certain lands reclaimed and still to be reclaimed violate the $%?7 3onstitution. Decision The "3 summari0ed the conclusions as follows) $. The $B7.?D hectares of reclaimed lands comprising the *reedom .slands, now covered by certificates of title in the name of 45-, are aliena#le lands of the u#lic domain. 45- may lease these lands to private corporations but may not sell or transfer ownership of these lands to private corporations. 45- may only sell these lands to 4hilippine citi0ens, sub1ect to the ownership limitations in the $%?7 3onstitution and e#isting laws. 9. The B%9.$B hectares of submerged areas of (anila Bay remain inalienable natural resources of the public domain until classified as alienable or disposable lands open to disposition and declared no longer needed for public service. The government can make such classification and declaration only after 45- has reclaimed these submerged areas. 8nly then can these lands ;ualify as agricultural lands of the public domain, which are the only natural resources the government can alienate. .n their present state, the B%9.$B hectares of submerged areas are inaliena#le and outside the commerce of man. A. "ince the -mended <G- seeks to transfer to -(-6., a private corporation, ownership of 77.AD hectares
of the *reedom .slands, such transfer is void for being contrary to "ection A, -rticle M.. of the $%?7 3onstitution which prohibits private corporations from ac;uiring any kind of alienable land of the public domain. D. "ince the -mended <G- also seeks to transfer to -(-6. ownership of 9%&.$B@ hectares
of still submerged areas of (anila Bay, such transfer is void for being contrary to "ection 9, -rticle M.. of the $%?7 3onstitution which prohibits the alienation of natural resources other than agricultural lands of the public domain. 45- may reclaim these submerged areas. Thereafter, the government can classify the reclaimed lands as alienable or disposable, and further declare them no longer needed for public service. "till, the transfer of such reclaimed alienable lands of the public domain to -(-6. will be void in view of "ection A, -rticle M.. of the $%?7 3onstitution which prohibits private corporations from ac;uiring any kind of alienable land of the public domain. 3learly, the -mended <G- violates glaringly "ections 9 and A, -rticle M.. of the $%?7 3onstitution. Fnder -rticle $D&%
of the 3ivil 3ode, contracts whose Iob1ect or purpose is contrary to law,I or whose Iob1ect is outside the commerce of men,I are Iine#istent and void from the beginning.I The 3ourt must perform its duty to defend and uphold the 3onstitution, and therefore declares the -mended JVA null and "oid a# initio. =& C!a4e3 4s& National :ousin' Aut!orit$ 1*66.2 7acts 8n -ugust B, 9&&D, former "olicitor >eneral *rancisco 3have0, filed an instant petition raising constitutional issues on the <G- entered by ,ational :ousing -uthority and 6.. Builders, .nc. 8n (arch $, $%??, then4resident 3ory -;uino issued (emorandum order ,o. !(8' $@$ approving and directing implementation of the 3omprehensive and .ntegrated (etropolitan (anila /aste (anagement 4lan. o =uring this time, "mokey (ountain, a wasteland in Tondo, (anila, are being made residence of many *ilipinos living in a subhuman state. -s presented in (8 $@$, ,:- prepared feasibility studies to turn the dumpsite into lowcost housing pro1ect, thus, "mokey (ountain =evelopment and 6eclamation 4ro1ect !"(=64', came into place. 6- @%B7 !Build8perateTransfer 7aw' was passed on <uly $%%& declaring the importance of private sectors as contractors in government pro1ects. Thereafter, -;uino proclaimed (8 D$B applying 6- @%B7 to "(=64, among others. o The same (8 also established 5M538( and T53:38( in the e#ecution and evaluation of the plan, respectively, to be assisted by the 4ublic 5states -uthority !45-'. ,otices of public bidding to become ,:-s venture partner for "(=64 were published in newspapers in $%%9, from which 6.. Builders, .nc. !6B.' won the bidding process. o Then4resident 6amos authori0ed ,:- to enter into a <oint Genture -greement with 6B.. Fnder the <G-, the pro1ect involves the clearing of "mokey (ountain for eventual development into a low cost housing comple# and industrialCcommercial site. o 6B. is e#pected to fully finance the development of "mokey (ountain and reclaim D& hectares of the land at the (anila Bay -rea. o The latter together with the commercial area to be built on "mokey (ountain will be owned by 6B. as enabling components. .f the pro1ect is revoked or terminated by the >overnment through no fault of 6B. or by mutual agreement, the >overnment shall compensate 6B. for its actual e#penses incurred in the 4ro1ect plus a reasonable rate of return not e#ceeding that stated in the feasibility study and in the contract as of the date of such revocation, cancellation, or termination on a schedule to be agreed upon by both parties. To summari0e, the "(=64 shall consist of 4hase . and 4hase ... o 4hase . of the pro1ect involves clearing, levellingoff the dumpsite, and construction of temporary housing units for the current residents on the cleared and levelled site. o 4hase .. involves the construction of a fenced incineration area for the onsite disposal of the garbage at the dumpsite. =ue to the recommendations done by the =5,6 after evaluations done, the <G- was amended and restated !now -6<G-' to accommodate the design changes and additional work to be done to successfully implement the pro1ect. o The original A,B&& units of temporary housing were decreased to 9,%%9. The reclaimed land as enabling component was increased from D& hectares to 7% hectares, which was supported by the issuance of 4roclamation ,o. D@B by 4resident 6amos. The revision also provided for the $$%hectare land as an enabling component for 4hase .. of the pro1ect. "ubse;uently, the 3lean -ir -ct was passed by the legislature which made the establishment of an incinerator illegal, making the offsite dumpsite at "mokey (ountain necessary. 8n -ugust $, $%%?, the pro1ect was suspended, to be later reconstituted by 4resident 5strada in (8 ,o. AA. 8n -ugust 97, 9&&A, the ,:- and 6B. e#ecuted a (emorandum of -greement whereby both parties agreed to terminate the <G- and subse;uent agreements. o =uring this time, ,:- reported that AD temporary housing structures and 9$ permanent housing structures had been turned over by 6B.. Issues $. /hether respondents ,:- and 6B. have been granted the power and authority to reclaim lands of the public domain as this power is vested e#clusively in 45- as claimed by petitioner 9. /hether respondents ,:- and 6B. were given the power and authority by =5,6 to reclaim foreshore and submerged lands A. /hether respondent 6B. can ac;uire reclaimed foreshore and submerged lands considered as alienable and outside the commerce of man D. /hether respondent 6B. can ac;uire reclaimed lands when there was no declaration that said lands are no longer needed for public use B. /hether there is a law authori0ing sale of reclaimed lands @. /hether the transfer of reclaimed lands to 6B. was done by public bidding 7. /hether 6B., being a private corporation, is barred by the 3onstitution to ac;uire lands of public domain ?. /hether respondents can be compelled to disclose all information related to the "(=64 %. /hether the operative fact doctrine applies to the instant position Decision $. 5#ecutive 8rder B9B reads that the 45- shall be primarily responsible for integrating, directing, and coordinating all reclamation pro1ects for and on behalf of the ,ational >overnment. This does not mean that it shall be responsible for all. The re;uisites for a valid and legal reclamation pro1ect are approval by the 4resident !which were provided for by (8s', favourable recommendation of 45- !which were seen as a part of its recommendations to the 5M538(', and undertaken either by 45- or entity under contract of 45- or by the ,ational >overnment -gency !,:- is a government agency whose authority to reclaim lands under consultation with 45- is derived under 4= 797 and 6- 797%'. 9. ,otwithstanding the need for =5,6 permission, the =5,6 is deemed to have granted the authority to reclaim in the "mokey (ountain 4ro1ect for the =5,6 is one of the members of the 5M538( which provides reviews for the pro1ect. 533s and "pecial 4atent 8rders were given by the =5,6 which are e#ercises of its power of supervision over the pro1ect. *urthermore, it was the 4resident via the abovementioned (8s that originally authori0ed the reclamation. .t must be noted that the reclamation of lands of public domain is reposed first in the 4hilippine 4resident. A. The reclaimed lands were classified alienable and disposable via (8 D$B issued by 4resident -;uino and 4roclamation ,os. A% and D@B by 4resident 6amos. D. =espite not having an e#plicit declaration, the lands have been deemed to be no longer needed for public use as stated in 4roclamation ,o. A% that these are to be disposed to ;ualified beneficiaries. *urthermore, these lands have already been necessarily reclassified as alienable and disposable lands under the B8T law. B. 7etter . of "ec. @ of 4= 7B7 clearly states that the ,:- can ac;uire property rights and interests and encumber or otherwise dispose of them as it may deem appropriate. @. There is no doubt that respondent ,:- conducted a public bidding of the right to become its 1oint venture partner in the "mokey (ountain 4ro1ect. .t was noted that notices were published in national newspapers. The bidding proper was done by the Bids and -wards 3ommittee on (ay $?, $%%9. 7. 6- @%B7 as amended by 6- 77$? e#plicitly states that a contractor can be paid a portion as percentage of the reclaimed land sub1ect to the constitutional re;uirement that only *ilipino citi0ens or corporation with at least @&N *ilipino e;uity can ac;uire the same. .n addition, when the lands were transferred to the ,:-, these were considered 4atrimonial lands of the state, by which it has the power to sell the same to any ;ualified person. ?. This relief must be granted. .t is the right of the *ilipino people to information on matters of public concerned as stated in -rticle .., "ec. 9?, and -rticle ..., "ec. 7 of the $%?7 3onstitution. %. /hen the petitioner filed the case, the <G- had already been terminated by virtue of (8- between 6B. and ,:-. The properties and rights in ;uestion after the passage of around $& years from the start of the pro1ects implementation cannot be disturbed or ;uestioned. The petitioner, being the "olicitor >eneral at the time "(=64 was formulated, had ample opportunity to ;uestion the said pro1ect, but did not do so. The moment to challenge has passed. >& Re/u"lic of t!e 8!ili//ines 4s& Celestina Na'uiat 1*66?2 7acts 3elestina ,aguiat applied for registration of title to D parcels of land !located in Botolan, Oambales' with 6T3 Oambales. o "he claimed to have ac;uired it from 7.= 3orporation, who in turn had ac;uired it from 3alderon, (oraga and (on1e and their predecessorsininterest who have been in possession for more than A& years. 6epublic of the 4hilippines !through the 8">' filed an opposition to the application. o They claim that neither ,aguiat nor her predecessorsininterest have been in possession since $9 <une $%DB, that the muniments of title and ta# payment receipts arent sufficient evidence of a bona fide ac;uisition of the lands, that ,aguiats "panish title can no longer be availed of and finally, that said lands are part of the public domain and not sub1ect of private appropriation. 6T3 rendered a decision in favour of ,aguiat and decreed the registration of said lands in her name. 4etitioner 6epublic of the 4hils brought case to the 3-. 3- affirmed 6T3 decision. Issue /hether or not the areas in ;uestion have ceased to have the status of forest or other inalienable lands of the public domain. Decision No& Na'uiat was una"le to /ro4i%e sufficient e4i%ence t!at suc! /arcels of lan% are no lon'er a /art of t!e /u"lic %o5ain& 4ublic forest lands or forest reserves, unless declassified and released by positive act of the >overnment so that they may form part of the disposable agricultural lands of the public domain, are not capable of private appropriation.
-s to these assets, the rules on confirmation of imperfect title do not apply. *orests, in the conte#t of both the 4ublic 7and -ct
and the 3onstitution classifying lands of the public domain into Iagricultural/ forest or tim)er/ mineral lands and national parks/4 do not necessarily refer to a large tract of wooded land or an e#panse covered by dense growth of trees and underbrush. -s we stated in 5eirs of Amunategui6 - forested area classified as forest land of the public domain does not lose such classification simply because loggers or settlers have stripped it of its forest cover. 4arcels of land classified as forest land may actually be covered with grass or planted to crops by kaingin cultivators or other farmers. I*orest landsI do not have to be on mountains or in out of the way places. ###. The classification is merely descriptive of its legal nature or status and does not have to be descriptive of what the land actually looks like. ### Fnder "ection 9, -rticle M.. of the 3onstitution, which embodies the 7egalian doctrine, all lands of the public domain belong to the "tate P the source of any asserted right to ownership of land. -ll lands not appearing to be clearly of private dominion presumptively belong to the "tate. -ccordingly, public lands not shown to have been reclassified or released as alienable agricultural land or alienated to a private person by the "tate remain part of the inalienable public domain.
Fnder "ection @ of the 4ublic 7and -ct, the prerogative of classifying or reclassifying lands of the public domain, ie/ from forest or mineral to agricultural and vice versa, belongs to the 5#ecutive Branch of the government and not the court. ,eedless to stress, the onus to overturn, by incontrovertible evidence, the presumption that the land sub1ect of an application for registration is alienable or disposable rests with the applicant. .n the case at bar, the 3- only granted the petition because it assumed that the lands in ;uestion are already alienable and disposable, which is found by the "3 to not be in this case. :ere) res/on%ent ne4er /resente% t!e re@uire% certification fro5 t!e /ro/er 'o4ern5ent a'enc$ or official /rocla5ation reclassif$in' t!e lan% a//lie% for as aliena"le an% %is/osa"le& 9atters of lan% classification or reclassification cannot "e assu5e%& It calls for /roof&
-side from ta# receipts, respondent submitted in evidence the survey map and technical descriptions of the lands, which, needless to state, provided no information respecting the classification of the property. These documents are not sufficient to overcome the presumption that the land sought to be registered forms part of the public domain. Therefore, the issue of whether or not ,aguiat and her predecessorininterest have been in open, e#clusive and continuous possession of the parcels of land in ;uestion is now of little moment. *or, unclassified land, as here, cannot be ac;uired by adverse occupation or possession+ occupation thereof in the concept of owner, however long, cannot ripen into private ownership and be registered as title. Sustaina"le De4elo/5ent "ustainable =evelopment is development that meets the needs of the present without compromising the ability of future generations to meet their own needs !Brundtland 6eport'. .t is a pattern of resource use that aims to meet human needs while preserving the environment so that these needs can be met not only in the present, but also for generations to come. .t contains within it two key concepts) the concept of 2needs2, in particular the essential needs of the world2s poor, to which overriding priority should be given+ and the idea of limitations imposed by the state of technology and social organi0ation on the environment2s ability to meet present and future needs The Brundtland 6eports targets were multilateralism and interdependence of nations in the search for a sustainable development path. The report sought to recapture the spirit of the Fnited ,ations 3onference on the :uman 5nvironment the "tockholm 3onference which had introduced environmental concerns to the formal political development sphere. 8ur $ommon 9uture placed environmental issues firmly on the political agenda+ it aimed to discuss the environment and development as one single issue. The publication of 8ur $ommon 9uture and the work of the 1orld $ommission on :n;ironment and -e;elopment laid the groundwork for the convening of the $%%9 5arth "ummit and the adoption of -genda 9$, the 6io =eclaration and to the establishment of the 3ommission on "ustainable =evelopment. .n addition, key contributions of 8ur $ommon 9uture to the concept of sustainable development include the recognition that the many crises facing the planet are interlocking crises that are elements of a single crisis of the whole and of the vital need for the active participation of all sectors of society in consultation and decisions relating to sustainable development. "ustainable development ensures the wellbeing of the human person by integrating social development, economic development, and environmental conservation and protection. .t refers to the Iinterdependent and mutually reinforcing pillars of sustainable development as economic development, social development, and environmental protection. -s the goal of sustainable development is to permanently improve the living conditions of human beings, social and economic developments must be carried out in a way that is environmentally and ecologically sound+ ensuring the continual re1uvenation and availability of natural resources for future generations. Se4en Di5ensions of Sustaina"le De4elo/5ent 7ro5 t!e 8!ili//ine A'en%a *+ *rom the 4hilippine perspective sustainable development is a multidimensional concept, involving no less than seven dimensions. "ustainable development is viewed as the mutually beneficial interaction between the legitimate interests of business and the economy, government and the polity, and civil society and culture. *rom this perspective, five dimensions of sustainable development are clearly visible. These areQthe human being, culture, polity, economy, and ,ature. Article II) Sec& +? of +,-. Constitution T!e State s!all /rotect an% a%4ance t!e ri'!t of t!e /eo/le to a "alance% an% !ealt!ful ecolo'$ in accor% wit! t!e r!$t!5 an% !ar5on$ of nature& Does Sec& +? /ro4i%e for enforcea"le ri'!tsA Bes& The provision, as worded, recogni0es an enforceable right. :ence, appeal to it has been recogni0ed as conferring standing on minors to challenge logging policies of the government !8posa vs. *actoran'. 8n this basis too, the "upreme 3ourt upheld the empowerment of the 7aguna 7ake =evelopment -uthority to protect the inhabitants of the 7aguna 7ake -rea from the deleterious effects of pollutants coming from garbage dumping and the discharge of wastes in the area as against the local autonomy claim of local governments in the area !7aguna 7ake =evelopment -uthority vs. 3-' /hile the right to a balanced and healthful ecology is to be found under the =eclaration of 4rinciples and "tate 4olicies and not under the Bill of 6ights, it does not follow that it is less important than any of the civil and political rights enumerated in the latter. -s a matter of fact, these basic rights need not even be written in the 3onstitution for they are assumed to e#ist from the inception of humankind. The right to a balanced and healthful ecology carries with it the correlative duty to refrain from impairing the environment. "ection $@ is unusual among those found in -rticle .. in that, whereas almost all the other provisions in the -rticle are not selfe#ecuting but need implementing legislation to make them effective, "ection $@ has been recogni0ed by the "upreme 3ourt as self e#ecuting like the provisions in the Bill of 6ights. A;ENDA *+ Co55ission Cfor5all$ t!e Worl% Co55ission on En4iron5ent an% De4elo/5ent 1WCED2D .t was known by the name of its 3hair >ro :arlem Brundtland !former ,orwegian 4rime (inister', and was convened by the Fnited ,ations in $%?A. The commission was created to address growing concern Iabout the accelerating deterioration of the human environment and natural resources and the conse;uences of that deterioration for economic and social development.I .n establishing the commission, the F, >eneral -ssembly recogni0ed that environmental problems were global in nature and determined that it was in the common interest of all nations to establish policies for sustainable development. A'en%a *+) an action plan of the Fnited ,ations !F,' related to sustainable development and was an outcome of the Fnited ,ations 3onference on 5nvironment and =evelopment !F,35=' held in 6io de <aneiro, Bra0il, in $%%9. .t is a comprehensive blueprint of action to be taken globally, nationally and locally by organi0ations of the F,, governments, and ma1or groups in every area in which humans directly affect the environment. De4elo/5ent of A'en%a *+ The full te#t of -genda 9$ was revealed at the Fnited ,ations 3onference on 5nvironment and =evelopment !5arth "ummit', held in 6io de <aneiro on <une $A, $%%9, where $7? governments voted to adopt the program. The final te#t was the result of drafting, consultation and negotiation, beginning in $%?% and culminating at the twoweek conference. The number 9$ refers to an agenda for the 9$st century. .t may also refer to the number on the F,2s agenda at this particular summit. RioEF .n $%%7, the >eneral -ssembly of the F, held a special session to appraise five years of progress on the implementation of -genda 9$ !6io RB'. The -ssembly recogni0ed progress as 2uneven2 and identified key trends including increasing globali0ation, widening ine;ualities in income and a continued deterioration of the global environment. - new >eneral -ssembly 6esolution !" $%C9' promised further action. T!e 0o!annes"ur' Su55it The <ohannesburg 4lan of .mplementation, agreed at the /orld "ummit on "ustainable =evelopment !5arth "ummit 9&&9' affirmed F, commitment to 2full implementation2 of -genda 9$, alongside achievement of the (illennium =evelopment >oals and other international agreements. I5/le5entation The 3ommission on "ustainable =evelopment acts as a high level forum on sustainable development and has acted as preparatory committee for summits and sessions on the implementation of -genda 9$. The Fnited ,ations =ivision for "ustainable =evelopment acts as the secretariat to the 3ommission and works 2within the conte#t of2 -genda 9$. .mplementation by member states remains essentially voluntary. Structure an% Contents There are D& chapters in the -genda 9$, divided into four main sections. $. Section I Social an% Econo5ic Di5ensions which deals with combating poverty, changing consumption patterns, promoting health, change population and sustainable settlement. 9. Section II Conser4ation an% 9ana'e5ent of Resources for De4elo/5ent .ncludes atmospheric protection, combating deforestation, protecting fragile environments, conservation of biological diversity !biodiversity', and control of pollution. Section III Stren't!enin' t!e Role of 9aGor ;rou/s H .ncludes the roles of children and youth, women, ,>8s, local authorities, business and workers. Section IV 9eans of I5/le5entation H I5/le5entation includes science, tec!nolo'$ transfer, e%ucation, international institutions and financial mechanisms. Local A'en%a *+ The implementation of -genda 9$ was intended to involve action at international, national, regional and local levels. "ome national and state governments have legislated or advised that local authorities take steps to implement the plan locally, as recommended in 3hapter 9? of the document. "uch programmes are often known as 27ocal -genda 9$2 or 27-9$2. A'en%a *+ for culture =uring the first /orld 4ublic (eeting on 3ulture, held in 4orto -legre in 9&&9, it came up the idea to draw up a document guidelines for local cultural policies, a document comparable to what the -genda 9$ meant in $%%9 for the environment. The -genda 9$ for culture is the first document with worldwide mission that advocates establishing the groundwork of an undertaking by cities and local governments for cultural development. RE8UBLIC ACT NO& ,.*, CLI9ATE C:AN;E ACT O7 *66, Section *& -eclaration of ,olic( P .t is the policy of the "tate to afford full protection and the advancement of the right of the people to a healthful ecology in accord with the rhythm and harmony of nature. .n this light, the "tate has adopted the 4hilippine -genda 9$ framework which espouses sustainable development, to fulfill human needs while maintaining the ;uality of the natural environment for current and future generations. Towards this end, the "tate adopts the principle of protecting the climate system for the benefit of humankind, on the basis of climate 1ustice or common but differentiated responsibilities and the 4recautionary 4rinciple to guide decisionmaking in climate risk management. -s a party to the Fnited ,ations *ramework 3onvention on 3limate 3hange, the "tate adopts the ultimate ob1ective of the 3onvention which is the stabili0ation of greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system which should be achieved within a time frame sufficient to allow ecosystems to adapt naturally to climate change, to ensure that food production is not threatened and to enable economic development to proceed in a sustainable manner.1awp%il -s a party to the :yogo *ramework for -ction, the "tate likewise adopts the strategic goals in order to build national and local resilience to climate changerelated disasters. 6ecogni0ing the vulnerability of the 4hilippine archipelago and its local communities, particularly the poor, women, and children, to potential dangerous conse;uences of climate change such as rising seas, changing landscapes, increasing fre;uency andCor severity of droughts, fires, floods and storms, climaterelated illnesses and diseases, damage to ecosystems, biodiversity loss that affect the countrys environment, culture, and economy, the "tate shall cooperate with the global community in the resolution of climate change issues, including disaster risk reduction. .t shall be the policy of the "tate to en1oin the participation of national and local governments, businesses, nongovernment organi0ations, local communities and the public to prevent and reduce the adverse impacts of climate change and, at the same time, ma#imi0e the benefits of climate change. .t shall also be the policy of the "tate to incorporate a gendersensitive, prochildren and propoor perspective in all climate change and renewable energy efforts, plans and programs. .n view thereof, the "tate shall strengthen, integrate, consolidate and institutionali0e government initiatives to achieve coordination in the implementation of plans and programs to address climate change in the conte#t of sustainable development. *urther recogni0ing that climate change and disaster risk reduction are closely interrelated and effective disaster risk reduction will enhance climate change adaptive capacity, the "tate shall integrate disaster risk reduction into climate change programs and initiatives. 3ogni0ant of the need to ensure that national and subnational government policies, plans, programs and pro1ects are founded upon sound environmental considerations and the principle of sustainable development, it is hereby declared the policy of the "tate to systematically integrate the concept of climate change in various phases of policy formulation, development plans, poverty reduction strategies and other development tools and techni;ues by all agencies and instrumentalities of the government. Section =& -efinition of &erms P *or purposes of this -ct, the following shall have the corresponding meanings) !a' IA%a/tationJ refers to the ad1ustment in natural or human systems in response to actual or e#pected climatic stimuli or their effects, which moderates harm or e#ploits beneficial opportunities. !b' IA%a/ti4e ca/acit$J refers to the ability of ecological, social or economic systems to ad1ust to climate change including climate variability and e#tremes, to moderate or offset potential damages and to take advantage of associated opportunities with changes in climate or to cope with the conse;uences thereof. !c' IAnt!ro/o'enic causesJ refer to causes resulting from human activities or produced by human beings. !d' ICli5ate C!an'eJ refers to a change in climate that can be identified by changes in the mean andCor variability of its properties and that persists for an e#tended period typically decades or longer, whether due to natural variability or as a result of human activity. !e' ICli5ate Varia"ilit$J refers to the variations in the average state and in other statistics of the climate on all temporal and spatial scales beyond that of individual weather events. !f' ICli5ate RiskJ refers to the product of climate and related ha0ards working over the vulnerability of human and natural ecosystems. !g' IDisasterJ refers to a serious disruption of the functioning of a community or a society involving widespread human, material, economic or environmental losses and impacts which e#ceed the ability of the affected community or society to cope using its own resources. !h' IDisaster risk re%uctionJ refers to the concept and practice of reducing disaster risks through systematic efforts to analy0e and manage the causal factors of disasters, including through reduced e#posure to ha0ards, lessened vulnerability of people and property, wise management of land and the environment, and improved preparedness for adverse events. !i' I;en%er 5ainstrea5in'J refers to the strategy for making womens as well as mens concerns and e#periences an integral dimension of the design, implementation, monitoring, and evaluation of policies and programs in all political, economic, and societal spheres so that women and men benefit e;ually and ine;uality is not perpetuated. .t is the process of assessing the implications for women and men of any planned action, including legislation, policies, or programs in all areas and at all levels. !1' I;lo"al War5in'J refers to the increase in the average temperature of the 5arths nearsurface air and oceans that is associated with the increased concentration of greenhouse gases in the atmosphere. !k' I;reen!ouse effectJ refers to the process by which the absorption of infrared radiation by the atmosphere warms the 5arth. !l' I;reen!ouse 'ases 1;:;2J refers to constituents of the atmosphere that contribute to the greenhouse effect including, but not limited to, carbon dio#ide, methane, nitrous o#ide, hydrofluorocarbons, perfluorocarbons and sulfur he#afluoride. !m' I9ainstrea5in'J refers to the integration of policies and measures that address climate change into development planning and sectoral decisionmaking. !n' I9iti'ationJ in the conte#t of climate change, refers to human intervention to address anthropogenic emissions by sources and removals by sinks of all >:>, including o0one depleting substances and their substitutes. !o' I9iti'ation /otentialJ shall refer to the scale of >:> reductions that could be made, relative to emission baselines, for a given level of carbon price !e#pressed in cost per unit of carbon dio#ide e;uivalent emissions avoided or reduced'. !p' ISea le4el riseJ refers to an increase in sea level which may be influenced by factors like global warming through e#pansion of sea water as the oceans warm and melting of ice over land and local factors such as land subsidence. !;' IVulnera"ilit$J refers to the degree to which a system is susceptible to, or unable to cope with, adverse effects of climate change, including climate variability and e#tremes. Gulnerability is a function of the character, magnitude, and rate of climate change and variation to which a system is e#posed, its sensitivity, and its adaptive capacity. Section >& $reation of t%e $limate $%ange $ommission P There is hereby established a 3limate 3hange 3ommission, hereinafter referred to as the 3ommission. The 3ommission shall be an independent and autonomous body and shall have the same status as that of a national government agency. .t shall be attached to the 8ffice of the 4resident. The 3ommission shall be the sole policymaking body of the government which shall be tasked to coordinate, monitor and evaluate the programs and action plans of the government relating to climate change pursuant to the provisions of this -ct. The 3ommission shall be organi0ed within si#ty !@&' days from the effectivity of this -ct. Section F& $omposition of t%e $ommission P The 3ommission shall be composed of the 4resident of the 6epublic of the 4hilippines who shall serve as the 3hairperson, and three !A' 3ommissioners to be appointed by the 4resident, one of whom shall serve as the Gice 3hairperson of the 3ommission. The 3ommission shall have an advisory board composed of the following) !a' "ecretary of the =epartment of -griculture+ !b' "ecretary of the =epartment of 5nergy+ !c' "ecretary of the =epartment of 5nvironment and ,atural 6esources+ !d' "ecretary of the =epartment of 5ducation+ !e' "ecretary of the =epartment of *oreign -ffairs+ !f' "ecretary of the =epartment of :ealth+ !g' "ecretary of the =epartment of the .nterior and 7ocal >overnment+ !h' "ecretary of the =epartment of ,ational =efense, in his capacity as 3hair of the ,ational =isaster 3oordinating 3ouncil+ !i' "ecretary of the =epartment of 4ublic /orks and :ighways+ !1' "ecretary of the =epartment of "cience and Technology+ !k' "ecretary of the =epartment of "ocial /elfare and =evelopment+ !l' "ecretary of the =epartment of Trade and .ndustry+ !m' "ecretary of the =epartment of Transportation and 3ommunications+ !n' =irector>eneral of the ,ational 5conomic and =evelopment -uthority, in his capacity as 3hair of the 4hilippine 3ouncil for "ustainable =evelopment+ !o' =irector>eneral of the ,ational "ecurity 3ouncil+ !p' 3hairperson of the ,ational 3ommission on the 6ole of *ilipino /omen+ !;' 4resident of the 7eague of 4rovinces+ !r' 4resident of the 7eague of 3ities+ !s' 4resident of the 7eague of (unicipalities+ !t' 4resident of the 7iga ng mga Barangay+ !u' 6epresentative from the academe+ !v' 6epresentative from the business sector+ and !w' 6epresentative from nongovernmental organi0ations. -t least one !$' of the sectoral representatives shall come from the disaster risk reduction community. The representatives shall be appointed by the 4resident from a list of nominees submitted by their respective groups. They shall serve for a term of si# !@' years without reappointment unless their representation is withdrawn by the sector they represent. -ppointment to any vacancy shall be only for the une#pired term of the predecessor. 8nly the e# officio members of the advisory board shall appoint a ;ualified representative who shall hold a rank of no less than an Fndersecretary. Section ?& Meetings of t%e $ommission P The 3ommission shall meet once every three !A' months, or as often as may be deemed necessary by the 3hairperson. The 3hairperson may likewise call upon other government agencies for the proper implementation of this -ct. Section .& <ualifications/ &enure/ $ompensation of $ommissioners P The 3ommissioners must be *ilipino citi0ens, residents of the 4hilippines, at least thirty !A&' years of age at the time of appointment, with at least ten !$&' years of e#perience on climate change and of proven honesty and ntegrity. The 3ommissioners shall be e#perts in climate change by virtue of their educational background, training and e#perience) 4rovided, That at least one !$' 3ommissioner shall be female) 4rovided, further, That in no case shall the 3ommissioners come from the same sector) 4rovided, finally, That in no case shall any of the 3ommissioners appoint representatives to act on their behalf. The 3ommissioners shall hold office for a period of si# !@' years, and may be sub1ected to reappointment) 4rovided, That no person shall serve for more than two !9' consecutive terms) 4rovided, further, That in case of a vacancy, the new appointee shall fully meet the ;ualifications of a 3ommissioner and shall hold office for the une#pired portion of the term only) 4rovided, finally, That in no case shall a 3ommissioner be designated in a temporary or acting capacity. The Gice 3hairperson and the 3ommissioners shall have the rank and privileges of a =epartment "ecretary and Fndersecretary, respectively. They shall be entitled to corresponding compensation and other emoluments and shall be sub1ect to the same dis;ualifications. Section -& $limate $%ange 8ffice P There is hereby created a 3limate 3hange 8ffice that shall assist the 3ommission. .t shall be headed by a Gice 3hairperson of the 3ommission who shall act as the 5#ecutive =irector of the 8ffice. The 3ommission shall have the authority to determine the number of staff and create corresponding positions necessary to facilitate the proper implementation of this -ct, sub1ect to civil service laws, rules and regulations. The officers and employees of the 3ommission shall be appointed by the 5#ecutive =irector. Section ,& ,owers and 9unctions of t%e $ommission P The 3ommission shall have the following powers and functions) !a' 5nsure the mainstreaming of climate change, in synergy with disaster risk reduction, into the national, sectoral and local development plans and programs+ !b' 3oordinate and synchroni0e climate change programs of national government agencies+ !c' *ormulate a *ramework "trategy on 3limate 3hange to serve as the basis for a program for climate change planning, research and development, e#tension, and monitoring of activities on climate change+ !d' 5#ercise policy coordination to ensure the attainment of goals set in the framework strategy and program on climate change+ !e' 6ecommend legislation, policies, strategies, programs on and appropriations for climate change adaptation and mitigation and other related activities+ !f' 6ecommend key development investments in climate sensitive sectors such as water resources, agriculture, forestry, coastal and marine resources, health, and infrastructure to ensure the achievement of national sustainable development goals+ !g' 3reate an enabling environment for the design of relevant and appropriate risk sharing and risktransfer instruments+ !h' 3reate an enabling environment that shall promote broader multistakeholder participation and integrate climate change mitigation and adaptation+ !i' *ormulate strategies on mitigating >:> and other anthropogenic causes of climate change+ !1' 3oordinate and establish a close partnership with the ,ational =isaster 3oordinating 3ouncil in order to increase efficiency and effectiveness in reducing the peoples vulnerability to climaterelated disasters+ !k' .n coordination with the =epartment of *oreign -ffairs, represent the 4hilippines in the climate change negotiations+ !l' *ormulate and update guidelines for determining vulnerability to climate change impacts and adaptation assessments and facilitate the provision of technical assistance for their implementation and monitoring+ !m' 3oordinate with local government units !7>Fs' and private entities to address vulnerability to climate change impacts of regions, provinces, cities and municipalities+ !n' *acilitate capacity building for local adaptation planning, implementation and monitoring of climate change initiatives in vulnerable communities and areas+ !o' 4romote and provide technical and financial support to local research and development programs and pro1ects in vulnerable communities and areas+ and !p' 8versee the dissemination of information on climate change, local vulnerabilities and risks, relevant laws and protocols and adaptation and mitigation measures. Section +6& ,anel of &ec%nical :=perts P The 3ommission shall constitute a national panel of technical e#perts consisting of practitioners in disciplines that are related to climate change, including disaster risk reduction. The 4anel shall provide technical advice to the 3ommission in climate science, technologies, and best practices for risk assessment and enhancement of adaptive capacity of vulnerable human settlements to potential impacts of climate change. The 3ommission shall set the ;ualifications and compensation for the technical e#perts. .t shall provide resources for the operations and activities of the 4anel. Section ++& 9ramework 'trateg( and ,rogram on $limate $%ange P The 3ommission shall, within si# !@' months from the effectivity of this -ct, formulate a *ramework "trategy on 3limate 3hange. The *ramework shall serve as the basis for a program for climate change planning, research and development, e#tension, and monitoring of activities to protect vulnerable communities from the adverse effects of climate change. The *ramework shall be formulated based on climate change vulnerabilities, specific adaptation needs, and mitigation potential, and in accordance with the international agreements. The *ramework shall be reviewed every three !A' years, or as may be deemed necessary. Section +*& $omponents of t%e 9ramework 'trateg( and ,rogram on $limate $%ange P The *ramework shall include, but not limited to, the following components) !a' ,ational priorities+ !b' .mpact, vulnerability and adaptation assessments+ !c' 4olicy formulation+ !d' 3ompliance with international commitments+ !e' 6esearch and development+ !f' =atabase development and management+ !g' -cademic programs, capability building and mainstreaming+ !h' -dvocacy and information dissemination+ !i' (onitoring and evaluation+ and !1' >ender mainstreaming. Section +=& National $limate $%ange Action ,lan P The 3ommission shall formulate a ,ational 3limate 3hange -ction 4lan in accordance with the *ramework within one !$' year after the formulation of the latter. The ,ational 3limate 3hange -ction 4lan shall include, but not limited to, the following components) !a' -ssessment of the national impact of climate change+ !b' The identification of the most vulnerable communitiesCareas, including ecosystems to the impacts of climate change, variability and e#tremes+ !c' The identification of differential impacts of climate change on men, women and children+ !d' The assessment and management of risk and vulnerability+ !e' The identification of >:> mitigation potentials+ and !f' The identification of options, prioriti0ation of appropriate adaptation measures for 1oint pro1ects of national and local governments. Section +>& Local $limate $%ange Action ,lan P The 7>Fs shall be the frontline agencies in the formulation, planning and implementation of climate change action plans in their respective areas, consistent with the provisions of the 7ocal >overnment 3ode, the *ramework, and the ,ational 3limate 3hange -ction 4lan. Barangays shall be directly involved with municipal and city governments in prioriti0ing climate change issues and in identifying and implementing best practices and other solutions. (unicipal and city governments shall consider climate change adaptation, as one of their regular functions. 4rovincial governments shall provide technical assistance, enforcement and information management in support of municipal and city climate change action plans. .nterlocal government unit collaboration shall be ma#imi0ed in the conduct of climate related activities. 7>Fs shall regularly update their respective action plans to reflect changing social, economic, and environmental conditions and emerging issues. The 7>Fs shall furnish the 3ommission with copies of their action plans and all subse;uent amendments, modifications and revisions thereof, within one !$' month from their adoption. The 7>Fs shall mobili0e and allocate necessary personnel, resources and logistics to effectively implement their respective action plans. The local chief e#ecutive shall appoint the person responsible for the formulation and implementation of the local action plan. .t shall be the responsibility of the national government to e#tend technical and financial assistance to 7>Fs for the accomplishment of their 7ocal 3limate 3hange -ction 4lans. The 7>F is hereby e#pressly authori0ed to appropriate and use the amount from its .nternal 6evenue -llotment necessary to implement said local plan effectively, any provision in the 7ocal >overnment 3ode to the contrary notwithstanding. Section +F& 7ole of >o;ernment Agencies P To ensure the effective implementation of the framework strategy and program on climate change, concerned agencies shall perform the following functions) !a' The =epartment of 5ducation !=ep5=' shall integrate climate change into the primary and secondary education curricula andCor sub1ects, such as, but not limited to, science, biology, sibika, history, including te#tbooks, primers and other educational materials, basic climate change principles and concepts+ !b' The =epartment of the .nterior and 7ocal >overnment !=.7>' and 7ocal >overnment -cademy shall facilitate the development and provision of a training program for 7>Fs in climate change. The training program shall include socioeconomic, geophysical, policy, and other content necessary to address the prevailing and forecasted conditions and risks of particular 7>Fs. .t shall likewise focus on women and children, especially in the rural areas, since they are the most vulnerable+ !c' The =epartment of 5nvironment and ,atural 6esources !=5,6' shall oversee the establishment and maintenance of a climate change information management system and network, including on climate change risks, activities and investments, in collaboration with other concerned national government agencies, institutions and 7>Fs+ !d' The =epartment of *oreign -ffairs !=*-' shall review international agreements related to climate change and make the necessary recommendation for ratification and compliance by the government on matters pertaining thereto+ !e' The 4hilippine .nformation -gency !4.-' shall disseminate information on climate change, local vulnerabilities and risk, relevant laws and protocols and adaptation and mitigation measures+ and !f' >overnment financial institutions, shall, any provision in their respective charters to the contrary notwithstanding, provide preferential financial packages for climate change related pro1ects. .n consultation with the Bangko "entral ng 4ilipinas !B"4', they shall, within thirty !A&' days from the effectivity of this -ct, issue and promulgate the implementing guidelines therefor. The 3ommission shall evaluate, recommend the approval of loans and monitor the use of said funds of 7>Fs. Section +?& $oordination wit% ?arious 'ectors P .n the development and implementation of the ,ational 3limate 3hange -ction 4lan, and the local action plans, the 3ommission shall coordinate with the nongovernment organi0ations !,>8s', civic organi0ations, academe, peoples organi0ations, the private and corporate sectors and other concerned stakeholder groups. Section +.& Aut%orit( to 7ecei;e -onations and@or >rants P The 3ommission is hereby authori0ed to accept grants, contributions, donations, endowments, be;uests, or gifts in cash, or in kind from local and foreign sources in support of the development and implementation of climate change programs and plans) 4rovided, That in case of donations from foreign governments, acceptance thereof shall be sub1ect to prior clearance and approval of the 4resident of the 4hilippines upon recommendation of the "ecretary of *oreign -ffairs) 4rovided, further, That such donations shall not be used to fund personal services e#penditures and other operating e#penses of the 3ommission. The proceeds shall be used to finance) !a' 6esearch, development, demonstration and promotion of technologies+ !b' 3onduct of assessment of vulnerabilities to climate change impacts, resource inventory, and adaptation capability building+ !c' -dvocacy, networking and communication activities in the conduct of information campaign+ and !d' 3onduct of such other activities reasonably necessary to carry out the ob1ectives of this -ct, as may be defined by the 3ommission. Section +-& 9unding Allocation for $limate $%ange P -ll relevant government agencies and 7>Fs shall allocate from their annual appropriations ade;uate funds for the formulation, development and implementation, including training, capacity building and direct intervention, of their respective climate change programs and plans. .t shall also include public awareness campaigns on the effects of climate change and energysaving solutions to mitigate these effects, and initiatives, through educational and training programs and microcredit schemes, especially for women in rural areas. .n subse;uent budget proposals, the concerned offices and units shall appropriate funds for programCpro1ect development and implementation including continuing training and education in climate change.1a;;p%i1 Section +,& Aoint $ongressional 8;ersig%t $ommittee P There is hereby created a <oint 3ongressional 8versight 3ommittee to monitor the implementation of this -ct. The 8versight 3ommittee shall be composed of five !B' "enators and five !B' 6epresentatives to be appointed by the "enate 4resident and the "peaker of the :ouse of 6epresentatives, respectively. The 8versight 3ommittee shall be cochaired by a "enator and a 6epresentative to be designated by the "enate 4resident and the "peaker of the :ouse of 6epresentatives, respectively. .ts funding re;uirement shall be charged against the appropriations of 3ongress. Section *6& Annual 7eport P The 3ommission shall submit to the 4resident and to both :ouses of 3ongress, not later than (arch A& of every year following the effectivity of this -ct, or upon the re;uest of the 3ongressional 8versight 3ommittee, a report giving a detailed account of the status of the implementation of this -ct, a progress report on the implementation of the ,ational 3limate 3hange -ction 4lan and recommend legislation, where applicable and necessary. 7>Fs shall submit annual progress reports on the implementation of their respective local action plan to the 3ommission within the first ;uarter of the following year. Section *+& Appropriations P The sum of *ifty million pesos !4hpB&,&&&,&&&.&&' is hereby appropriated as initial operating fund in addition to the unutili0ed fund of the 4residential Task *orce on 3limate 3hange and the 8ffice of the 4residential -dviser on >lobal /arming and 3limate 3hange. The sum shall be sourced from the 4residents contingent fund. Thereafter, the amount necessary to effectively carry out the provisions of this -ct shall be included in the annual >eneral -ppropriations -ct. Section **& Implementing 7ules and 7egulations P /ithin ninety !%&' days after the approval of this -ct, the 3ommission shall, upon consultation with government agencies, 7>Fs, private sector, ,>8s and civil society, promulgate the implementing rules and regulations of this -ct) 4rovided, That failure to issue rules and regulations shall not in any manner affect the e#ecutory nature of the provisions of this -ct. Section *=& &ransitor( ,ro;isions P Fpon the organi0ation of the 3ommission, the 4residential Task *orce on 3limate 3hange created under -dministrative 8rder ,o. $7$ and the .nter-gency 3ommittee on 3limate 3hange created by virtue of -dministrative 8rder ,o. 99&, shall be abolished) 4rovided, That their powers and functions shall be absorbed by the 3ommission) 4rovided, further, That the officers and employees thereof shall continue in a holdover capacity until such time as the new officers and employees of the 3ommission shall have been duly appointed pursuant to the provisions of this -ct. -ll ;ualified regular or permanent employees who may be transferred to the 3ommission shall not suffer any loss in seniority or rank or decrease in emoluments. -ny employee who cannot be absorbed by the 3ommission shall be entitled to a separation pay under e#isting retirement laws E#ecuti4e Or%er No& +F Creatin' a 8!ili//ine Council for Sustaina"le De4elo/5ent /:565-", the $%?7 3onstitution mandates a policy of the state, the protection and advancement of the right of the people to a balanced and healthful ecology in accordance with the rhythm and harmony of nature+ /:565-", a ,ational 3onservation "trategy, as spelled out in the 4hilippine "trategy for "ustainable =evelopment !4""=', which was adopted in $%?%, takes a balanced and integrated approach to environment and development issues by incorporating sustainable development principles and concepts in the national priorities of government+ /:565-", the 4hilippines already adhering too the principle of sustainable development actively participated in the Fnited ,ations 3onference on 5nvironment and =evelopment !F,35=' "ummit held in 6io de <aneiro, and committed to the principles set forth in the 6io =eclaration, the -genda 9$, the 3onventions on 3limate 3hange and Biodiversity+ /:565-", the Fnited ,ations in F,35=, has adopted a resolution for the creation of a "ustainable =evelopment 3ommission that will evaluate and monitor the compliance too the agreements and commitments made in 6io and in the course of it2s creation urged governments to also for similar bodies that will ensure that the activities at the national level are implemented and coordinated within global efforts+ /:565-", the agreements oblige the 4hilippines to translate the commitments to more concrete actions and ensure that all sectors of the society shall be involved in its cooperali0ation+ /:565-", in order to active these ends, the creation of a national sustainable development and thus assure its integration in the 4hilippine national policies, plans, and programs that will involve all sectors of the society. SEC +& Creation an% Co5/osition of t!e Council& $' There is hereby created a 4hilippine 3ouncil for "ustainable =evelopment to be headed by the =irector>eneral of the ,ational 5conomic and =evelopment -uthority !,5=-' as 3hairperson, and the "ecretary of the =epartment of 5nvironment and ,atural 6esources as Gice3hairperson. 9' The 3ouncil will have as members committed environmentalists from the following owing departments of a position of Bureau =irector of their, duly deputi0ed to represent their respective "ecretaries) =epartment of *oreign -ffairs =epartment of "cience and Technology =epartment of *inance =epartment of -griculture =epartment of 4ublic /orks and :ighways =epartment of 5ducation, 3ulture, and "ports =epartment of 7abor and 5mployment =epartment of :ealth =epartment of Trade and .ndustry =epartment of the .nterior and 7ocal >overnments =epartment of "ocial /elfare and =evelopments =epartment of Budget and (anagement =epartment of ,ational =efense 8ffice of 5nergy -ffairs A' -s civil society counterpart, the nongovernment community shall also have seven !7' representative in the 3ouncil. These representative shall be selected by the non government community considering commitment to environmental causes, gender balance, and sector representation through a process designed by them. Sec& * 8owers an% 7unctions of t!e Council& The 3ouncil shall have the following powers and function) $S' To review and ensure the implementation on the commitments the 4hilippines made in the light of the F,35= 3onference+ 9' To establish guidelines and mechanisms that will e#pand, concreti0e and operationali0e the sustainable development principles as embodied in the 6io =eclaration, the F,35= -genda 9$, the ,ational 3onservation "trategy, and the 4hilippine -genda 9$, and incorporate them in the preparation of the (edium Term =evelopment 4lan both at the national and local levels with active participation from the nongovernment sector a and people2s organi0ations+ A' Too provide directions in the form of policy reforms, programs and new legislations that respond to the continuing and emerging issues and charting future actions related to environment and developments+ D' To act as the coordinating mechanism in cooperation either =*-office of the Fnited ,ations 3ommission for "ustainable =evelopment and actively solicit assistance and cooperation towards the reali0ation of our commitments made at the F,35=+ B' To re;uire any and all government agencies for assistance in to forum of personnel, facilities, and other resources which is essential for the performance for the duties of the 3ouncil+ @' To create subcommittees that it may deem fit in the performance of its duties+ and 7' To perform such other acts which are necessary to carry out its mandated functions and responsibilities. Sec& =& T!e Secretariat& The 3ouncil shall be assisted by the "ecretariat which shall be based at the ,otional 5conomic and =evelopment -uthority whose composition will be determined by the =irector>eneral. Sec& >& Transitor$ 8ro4isions& There shall be immediately be convened an interim Technical /orking >roup of seven members composed or representatives from ,ational 5conomic and =evelopment -uthority !,5=-', =epartment of 5nvironment and ,atural 6esources !=5,6', =epartment of *oreign -ffairs!=*-', =epartment of the .nterior and 7ocal >overnment !=.7>', and the three representatives from nongovernment sector, which shall work out the formulation of the operational guidelines for the 3ouncil. The working group shall be assisted by a composite secretariat from ,5=- and =5,6, These transitory groups shall cease its function upon the 3ouncil meeting and adoption of the operating guidelines within si#ty !@&' days upon signing of this 8rder. E(ECUTIVE ORDER NO& ?* 7URT:ER STREN;T:ENIN; T:E 8:ILI88INE COUNCIL 7OR SUSTAINABLE DEVELO89ENT 18CSD2 /:565-", to ensure that the commitments made in the 6io de <aneiro =eclaration are fulfilled and to reali0e the countrys sustainable development goals, the 43"= was established on &$ "eptember $%%9 through 5#ecutive 8rder ,o. $B+ /:565-", to strengthen 43"=, the e#pansion of its membership as well as the establishment of local councils for sustainable development were provided for through the issuance of 5#ecutive 8rder ,o. A7& !s. $%%@'+ /:565-", in order to operationali0e sustainable development at the local level, (emorandum 8rder ,o. D7 !s. $%%%' was issued mandating local government units !7>Fs' to formulate and implement their sustainable integrated area development plans or 7ocal -genda 9$ with the assistance of concerned government agencies+ /:565-", in light of changing circumstances and, emerging issues on sustainable development locally and globally there is an urgent need to pursue new interventions through a more responsive 43"= structure+ /:565-", for the 43"= to be more effective and responsive in ensuring the reali0ation of the governments sustainable development goals, there is a need to streamline and define its core functions and membership, keeping in mind the various agencies in government whose functions are integral components of the overall government sustainable development operational thrusts+ /:565-", there is a need for 43"= to focus on strategic interventions that have significant and catalytic impact on sustainable development+ /:565-", it is necessary to further strengthen the 43"= as the lead instrumentality responsible for mainstreaming sustainable development in national government and affiliated agencies, 3ongress, 7>Fs, as well as e#isting multistakeholder governance mechanisms. ,8/, T:565*865, ., >786.- (-3-4->-7-668T8, 4resident of the 4hilippines, by virtue of the powers vested in me by law, do hereby order) "ection $. *urther "trengthening the 43"=. Q The 4hilippine 3ouncil for "ustainable =evelopment, hereinafter referred to as the 3ouncil, is hereby further strengthened, structurally and functionally, in accordance with the provisions of this 5#ecutive 8rder. "ec. 9. 3omposition of the 3ouncil. Q $. The core members from government shall be composed of "ecretaries of the following =epartments as permanent principal members, with an Fndersecretary as alternate) a. ,ational 5conomic and =evelopment -uthority+ b. =epartment of 5nvironment and ,atural 6esources+ 9. 3ivil society, composed of peoples organi0ations, nongovernment organi0ations and sectoralCma1or groups representation shall have five !B' 3ouncil members selected by their community, based on their commitment to sustainable development concerns, through a process designed by them These may include the following groups) women, youth, farmers, fisherfolk, indigenous people, (oro and 3ordillera people, urban poor, persons with disabilities, academe, professionals, media, religious groups and ,>8s. A. 7abor and business shall have one !$' representative each in the 3ouncil. 6epresentation shall, likewise be decided through a process to be designed by them. The 3hairperson of the 3ouncil shall be the "ecretary of "ocio5conomic 4lanning and ,5=- =irector >eneral. The "ecretary of the =epartment of 5nvironment and ,atural 6esources !=5,6' shall be the Gice3hairperson. "ec. A. Terms of 8ffice and (eetings. Q The term of office of members shall be coterminus with their appointment or election in their respective departments or organi0ations. The 3ouncil shall meet ;uarterly, or as fre;uently as may be deemed necessary. "pecial meetings may be convened at the call of the 3hairperson or by a ma1ority of the members of the 3ouncil. .n the absence of the 3hairperson, the Gice3hairperson shall preside. .n case any civil society, business or labor sector member of the 3ouncil cannot attend the meeting, he or she shall be represented by the alternate to be designated through their respective selection process for the purpose. "ec. D. 4owers and *unctions of the 3ouncil. Q $. To review and ensure the implementation of the commitments made by the 4hilippines in the light of the Fnited ,ations 3onference on 5nvironment and =evelopment !F,35=' and its followup processes+ 9. To act as the coordinating mechanism with the Fnited ,ations 3ommission on "ustainable =evelopment !F,3"=' and the >overning Bodies or "ecretaries of other related multilateral conventions, through the =epartment of *oreign -ffairs !=*-'+ A. To establish guidelines and mechanisms that will ensure that the sustainable development principles, as embodied in the 6io =eclaration, -genda 9$, and the 4hilippine -genda 9$, are integrated in the formulation of national, regional and local development policies, plans and programs+ D. To formulate policies and recommend new actions to appropriate bodies on sustainable development issues focusing on the environment dimensions of social and economic interventions and the social and economic dimensions of environment interventions+ B. To review and monitor plans, policies, program and legislation on sustainable development to promote efficiency and timeliness of their e#ecution and ensure consistency and coordination among the 7egislative and 5#ecutive branches of government, local government units, civil society, business, labor and other concerned entitiesCsectors, and e#isting multistakeholder governance mechanisms+ @. To establish a networking mechanism to link the 3ouncil with local and international organi0ations involved in sustainable development+ 7. To create, reorgani0e or abolish committees of the 3ouncil, adhoc or permanent, and to define their structure, functions and limitations+ ?. To submit its annual work program with actionable and time bounded targets and regularly report to the 4resident the status of implementation and achievement of specific targets thereof+ %. To perform such other acts which are necessary to carry out its mandated functions and responsibilities. "ec. B. 4articipation of 8ther >overnment -gencies in the 3ouncil. Q The 3ouncil can call upon other government agencies and instrumentalities, civil society, business and labor sector organi0ations to participate in 3ouncil business, including its meetings, if so warranted by conditions as may e#ist from time to time. *or this purpose, other government agencies shall identify a 43"= focal officer not lower than a rank of =irector who shall coordinate their agencys participation in 43"= concerns. "ec. @. "ecretariat. Q The 3ouncil shall be assisted by a 3oordinating "ecretariat which shall be based at the ,5=-, the composition of which shall be determined by the =irector>eneral, and a 3ounterpart "ecretariat, the composition of which shall be determined by the 3ivil "ociety 3ounterpart 3ouncil for "ustainable =evelopment !3"33"='. "ec. 7. Budget. Q There shall be provided in the >eneral -ppropriations -ct !>--' a regular line item under the ,5=- budget to cover the operational re;uirements of the 3ouncil sub1ect to the prescribed budgetary guidelines. 8ther memberagencies of the 3ouncil shall also include a line item in the >-- under their respective agency budgets to cover the cost of their activities related to 43"=. 9E9ORANDU9 ORDER NO& =,, DIRECTIN; T:E O8ERATIONALIKATION O7 T:E 8:ILI88INE A;ENDA *+ AND 9ONITORIN; ITS I98LE9ENTATION W!ereas, -rticle 9, "ection $9 of the 3onstitution mandates as a policy of the "tate the protection and advancement of the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature+ W!ereas, the government adheres to the sustainable development principles embodied in the 6io =eclaration and adopted by the Fnited ,ations 3onference on 5nvironment and =evelopment in 6io de <aneiro, Bra0il in $%%9, and to which the 4hilippines is a signatory+ W!ereas, the 4hilippine 3ouncil for "ustainable =evelopment !43"=', created by virtue of 5#ecutive 8rder ,o. $B !"eries of $%%9' is mandated to coordinate the formulation of 4hilippine -genda 9$+ W!ereas, the 4hilippine -genda 9$ was formulated after an e#tensive and intensive process of coordination, cooperation, counterparting and consensusbuilding among the various stakeholders of society+ W!ereas, the operationali0ation of the 4hilippine -genda 9$ shall provide the overall direction and serve as an enabling environment in achieving sustainable development+ Section +. Adoption and 8perationaliBation of t%e ,%ilippine Agenda !1. The 4hilippine -genda 9$, as the national action agenda for sustainable development, is hereby adopted. Section *. 8;erall Administration. The 4hilippine 3ouncil for "ustainable =evelopment shall oversee and monitor the operationali0ation of the 4hilippine -genda 9$. .n this regard, the 3ouncil shall provide the coordinating and monitoring mechanisms for its implementation. *or this purpose, it shall mobili0e coordinating bodies including the 6egional =evelopment 3ouncils !6=3s' and the local councils for sustainable development. Section =. $olla)orating Agencies. -ll government agencies, departments, and instrumentalities are directed to adopt and translate the principles and action agenda contained in the 4hilippine -genda 9$ in their respective workplans, programs and pro1ects and report on their progress and impacts to the 43"=. Section >. 7ole of t%e -epartment of Interior and Local >o;ernment C-IL>D and t%e Local >o;ernment Enits CL>EsD. The 7>Fs, in coordination with the local business and civil society, shall implement the 4hilippine -genda 9$ through the integration of sustainable development concerns in their respective plans, programs and pro1ects and the formulation of their respective 7ocal -genda 9$, where appropriate. Section F. 7ole of t%e $i;il 'ociet(/ La)or and Business 'ectors. The 43"= shall coordinate with civil society, labor and business sectors in operationali0ing 4hilippine -genda 9$. (a1or stakeholders from these sectors are thereby en1oined to adopt and implement the principles and action agenda contained in the 4hilippine -genda 9$. Section ?. 9unding. The 43"=, in the coordination with the =epartment of *inance !=8*', =epartment of Budget and (anagement !=B(', and the ,ational 5conomic and =evelopment -uthority !,5=-', shall identify funding sources in implementing and monitoring the 4hilippine -genda 9$. Cases Re/u"lic of t!e 8!ili//ines 4s& T!e Cit$ of Da4ao Re/u"lic 4s& Al4are3) in !is ca/acit$ as Sec& of DENR -lvare0 filed an application for a 3ertificate of ,on3overage for its proposed pro1ect, the =avao -rtica "ports =ome, with the 5nvironmental (anagement Bureau !5(B', 6egion $$. The 5(B 6egion $$ denied the application on ground that the proposed pro1ect was within an environmentally critical area, and ruled that under the 5nvironmental .mpact "tatement "ystem, the 3ity of =avao must undergo the environmental impact assessment !5.-' process to secure an 5nvironmental 3ompliance 3ertificate !533', before it can proceed with the construction of its pro1ect Believing that it was entitled to a 3ertificate of ,on3overage, respondent filed a petition for mandamus with the 6T3 of =avao alleging that the proposed pro1ect was neither an environmentally critical pro1ect nor within an environmentally critical area, thus it was outside the scope of the 5." system. The 6T3 granted the writ of mandamus and directed 5(B to issue a 3ertificate of ,on 3overage. .t ruled that there is nothing in the 5.- "ystem guidelines which re;uires 7>Fs to comply with the 5." law, as only agencies and instrumentalities are mandated to go through the 5.- process for their proposed pro1ects which have significant effect on the ;uality of the environment. - local government unit, not being an agency or instrumentality of the ,ational >overnment, is deemed e#cluded .ssue) /hether 7>Fs are covered by the 5.- "ystemU =ecision) The 7ocal >overnment 3ode provides that it is the duty of the 7>Fs to promote the peoples right to a balanced ecology. 4ursuant to this, an 7>F, like the 3ity of =avao, cannot claim e#emption from the coverage of 4= $B?@. -s a body politic endowed with governmental functions, an 7>F has the duty to ensure the ;uality of the environment, which is the very same ob1ective of 4= $B?@. *urther, it is a rule of statutory construction that every part must be read with other parts, thus, the T3 in declaring local government units as e#empt from the coverage of the 5." law, failed to relate "ection 9 of 4= $B?@ to the several provision of the same law. "ection D of 4= $B?@ clearly states that no person, partnership or corporation shall undertake or operate any such declared environmentally critical pro1ect or area without first securing an 5nvironmental 3ompliance 3ertificate issued by the 4resident or his duly authori0ed representative. Fndoubtedly therefore, local government units are not e#cluded from the coverage of 4= $B?@. "ec. $ stated that the policy of the "tate is to attain an orderly balance between socioeconomic growth and environmental protection. The /hereas clause stresses that such is only possible if we adopt an integrated environmental protection program where all the sectors of the community are involved, ie, the government and the private sectors. The local government units, as part of the machinery of the government, cannot therefore be deemed as outside the scope of the 5." system This however presuppose that a pro1ect, for which an 5nvironmental 3ompliance 3ertificate is necessary, is environmentally critical or within an environmentally critical area. .n the case at bar, respondent has sufficiently shown that the -rtica "ports =ome will not have a significant negative environmental impact because it is not an environmentally critical pro1ect and it is not located in an environmentally critical area. They submitted 3ertification from the 3ity 4lanning and =evelopment 8ffice, 4:.7G873", 35,68/est in support thereof. The 5nvironmental .mpact "tatement "ystem, which ensures environmental protection and regulates certain government activities affecting the environment, was established by 4residential =ecree ,o. $B?@. Fnder -rticle .., "ection $, of the 6ules and 6egulations .mplementing 4= $B?@, the declaration of certain pro1ects or areas as environmentally critical, and which shall fall within the scope of the 5nvironmental .mpact "tatement "ystem, shall be by 4residential 4roclamation. 4ursuant thereto, 4roclamation ,o. 9$D@ was issued proclaiming the following areas and types of pro1ects as environmentally critical and within the scope of the 5nvironmental .mpact "tatement "ystem established under 4= $B?@) A& En4iron5entall$ Critical 8roGects .. :eavy .ndustries a. ,onferrous metal industries b. .ron and steel mills c. 4etroleum and petrochemical industries including oil and gas d. "melting plants ... 6esource 5#tractive .ndustries a. (a1or mining and ;uarrying pro1ects b. *orestry pro1ects $. 7ogging 9. (a1or wood processing pro1ects A. .ntroduction of fauna !e#otic animals' in publicCprivate forests D. *orest occupancy B. 5#traction of mangrove products @. >ra0ing c. *ishery 4ro1ects $. =ikes forCand fishpond development pro1ects .... .nfrastructure 4ro1ects a. (a1or dams b. (a1or power plants !fossilfueled, nuclear fueled, hydroelectric or geothermal' c. (a1or reclamation pro1ects d. (a1or roads and bridges B& En4iron5entall$ Critical Areas $. -ll areas declared by law as national parks, watershed reserves, wildlife preserves and sanctuaries+ 9. -reas set aside as aesthetic potential tourist spots+ A. -reas which constitute the habitat for any endangered or threatened species of indigenous 4hilippine /ildlife !flora and fauna'+ D. -reas of uni;ue historic, archaeological, or scientific interests+ B. -reas which are traditionally occupied by cultural communities or tribes+ @. -reas fre;uently visited andCor hardhit by natural calamities !geologic ha0ards, floods, typhoons, volcanic activity, etc.'+ 7. -reas with critical slopes+ ?. -reas classified as prime agricultural lands+ %. 6echarged areas of a;uifers+ $&. /ater bodies characteri0ed by one or any combination of the following conditions+ a. tapped for domestic purposes b. within the controlled andCor protected areas declared by appropriate authorities c. which support wildlife and fishery activities $$. (angrove areas characteri0ed by one or any combination of the following conditions) a. with primary pristine and dense young growth+ b. ad1oining mouth of ma1or river systems+ c. near or ad1acent to traditional productive fry or fishing grounds+ d. which act as natural buffers against shore erosion, strong winds and storm floods+ e. on which people are dependent for their livelihood. $9. 3oral reefs, characteri0ed by one or any combinations of the following conditions) a. with B&N and above live coralline cover+ b. spawning and nursery grounds for fish+ c. which act as natural breakwater of coastlines. :n;ironmentall( Non+$ritical ,roFects Q -ll other pro1ects, undertakings and areas not declared by the 4resident as environmentally critical shall be considered as noncritical and shall not be re;uired to submit an environmental impact statement. The ,ational 5nvironmental 4rotection 3ouncil, thru the (inistry of :uman "ettlements may however re;uire noncritical pro1ects and undertakings to provide additional environmental safeguards as it may deem necessary. The -rtica "ports =ome in 7angub does not come close to any of the pro1ects or areas enumerated above. ,either is it analogous to any of them. .t is clear, therefore, that the said pro1ect is not classified as environmentally critical, or within an environmentally critical area. 3onse;uently, the =5,6 has no choice but to issue the 3ertificate of ,on3overage. .t becomes its ministerial duty, the performance of which can be compelled by writ of mandamus, such as that issued by the trial court in the case at bar. La'una Lake De4elo/5ent Aut!orit$ 4s CA 6- D?B& was enacted creating the I7aguna 7ake =evelopment -uthority.I This agency was supposed to accelerate the development and balanced growth of the 7aguna 7ake area and the surrounding provinces, cities and towns, in the act, within the conte#t of the national and regional plans and policies for social and economic development. 4= ?$A amended certain sections 6- D?B& because of the concern for the rapid e#pansion of (etropolitan (anila, the suburbs and the lakeshore towns of 7aguna de Bay, combined with current and prospective uses of the lake for municipalindustrial water supply, irrigation, fisheries, and the like. To effectively perform the role of the -uthority under 6- D?B&, the 3hief 5#ecutive issued 58 %97 further defined and enlarged the functions and powers of the -uthority and named and enumerated the towns, cities and provinces encompassed by the term I7aguna de Bay 6egionI. -lso, pertinent to the issues in this case are the following provisions of 58 %97 which include in particular the sharing of fees) "ec 9) ### the -uthority shall have e#clusive 1urisdiction to issue permit for the use of all surface water for any pro1ects or activities in or affecting the said region including navigation, construction, and operation of fishpens, fish enclosures, fish corrals and the like. "53. A. 3ollection of *ees. The -uthority is hereby empowered to collect fees for the use of the lake water and its tributaries for all beneficial purposes including but not limited to fisheries, recreation, municipal, industrial, agricultural, navigation, irrigation, and waste disposal purpose+ 4rovided, that the rates of the fees to be collected, and the sharing with other government agencies and political subdivisions, if necessary, shall be sub1ect to the approval of the 4resident of the 4hilippines upon recommendation of the -uthority2s Board, e#cept fishpen fee, which will be shared in the following manner) 9& percent of the fee shall go to the lakeshore local governments, B percent shall go to the 4ro1ect =evelopment *und which shall be administered by a 3ouncil and the remaining 7B percent shall constitute the share of 77=-. :owever, after the implementation within the threeyear period of the 7aguna 7ake *ishery Ooning and (anagement 4lan the sharing will be modified as follows) AB percent of the fishpen fee goes to the lakeshore local governments, B percent goes to the 4ro1ect =evelopment *und and the remaining @& percent shall be retained by 77=-+ 4rovided, however, that the share of 77=- shall form part of its corporate funds and shall not be remitted to the ,ational Treasury as an e#ception to the provisions of 4residential =ecree ,o. $9AD. Then came 6epublic -ct ,o. 7$@&. The municipalities in the 7aguna 7ake 6egion interpreted the provisions of this law to mean that the newly passed law gave municipal governments the e#clusive 1urisdiction to issue fishing privileges within their municipal waters because 6.-. 7$@& provides) I"ec. $D%. *ishery 6entals+ *ees and 3harges !a' (unicipalities shall have the e#clusive authority to grant fishery privileges in the municipal waters and impose rental fees or charges therefor in accordance with the provisions of this "ection. (unicipal governments thereupon assumed the authority to issue fishing privileges and fishpen permits. Big fishpen operators took advantage of the occasion to establish fishpens and fishcages to the consternation of the -uthority. Fnregulated fishpens and fishcages occupied almost onethird the entire lake water surface area, increasing the occupation drastically from 7,&&& ha in $%%& to almost 9$,&&& ha in $%%B. The (ayor2s permit to construct fishpens and fishcages were all undertaken in violation of the policies adopted by the -uthority on fishpen 0oning and the 7aguna 7ake carrying capacity. .n view of the foregoing circumstances, the -uthority served notice to the general public that) $. -ll fishpens, fishcages and other a;uaculture structures in the 7aguna de Bay 6egion, which were not registered or to which no application for registration andCor permit has been filed with 7aguna 7ake =evelopment -uthority as of (arch A$, $%%A are hereby declared outrightly as illegal. 9. -ll fishpens+ fishcages and other a;uaculture structures so declared as illegal shall be sub1ect to demolition which shall be undertaken by the 4residential Task *orce for illegal *ishpen and .llegal *ishing. A. 8wners of fishpens, fishcages and other a;ua culture structures declared as illegal shall, without pre1udice to demolition of their structures be criminally charged in accordance with "ection A%- of 6epublic -ct D?B& as amended by 4.=. ?$A for violation of the same laws. Giolations of these laws carries a penalty of imprisonment of not e#ceeding A years or a fine not e#ceeding *ive Thousand 4esos or both at the discretion of the court. -ll operators of fishpens, fishcages and other a;ua culture structures declared as illegal in accordance with the foregoing ,otice shall have one !$' month on or before 97 8ctober $%%A to show cause before the 77=- why their said fishpens, fishcages and other a;uaculture structures should not be demolishedCdismantled.I 8ne month, thereafter, the -uthority sent notices to the concerned owners of the illegally constructed fishpens, fishcages and other a;uaculture structures advising them to dismantle their respective structures within $& days from receipt thereof, otherwise, demolition shall be effected. The fishpen owners filed in1unction cases against the 77=-. The 77=- filed motions to dismiss the cases against it on 1urisdictional grounds. The motions to dismiss were denied. (eanwhile, T68Cwrits of preliminary mandatory in1unction were issued en1oining the 77=- from demolishing the fishpens and similar structures in ;uestion. :ence, the present petition for certiorari, prohibition and in1unction. The 3- dismissed the 77=-s consolidated petitions. .t ruled that !-' 77=- is not among those ;uasi1udicial agencies of government appealable only to the 3ourt of -ppeals+ !B' the 77=- charter does vest 77=- with ;uasi1udicial functions insofar as fishpens are concerned+ !3' the provisions of the 77=- charter insofar as fishing privileges in 7aguna de Bay are concerned had been repealed by the 7ocal >overnment 3ode of $%%$+ !=' in view of the aforesaid repeal, the power to grant permits devolved to respective local government units concerned. Issue /hich agency of the >overnment the 77=- or the towns and municipalities comprising the region should e#ercise 1urisdiction over the 7aguna 7ake and its environs insofar as the issuance of permits for fishery privileges is concernedU :eld) 77=- Ratio "ection D !k' of 6- D?B&, the provisions of 4= ?$A, and "ection 9 of 58 %97, specifically provide that the 77=- shall have e#clusive 1urisdiction to issue permits for the use or all surface water for any pro1ects or activities in or affecting the said region, including navigation, construction, and operation of fishpens, fish enclosures, fish corrals and the like. 8n the other hand, 6- 7$@& has granted to the municipalities the e#clusive authority to grant fishery privileges in municipal waters. The "angguniang Bayan may grant fishery privileges to erect fish corrals, oyster, mussels or other a;uatic beds or bangus fry area within a definite 0one of the municipal waters. The provisions of 6-7$@& do not necessarily repeal the laws creating the 77=- and granting the latter water rights authority over 7aguna de Bay and the lake region. The 7ocal >overnment 3ode of $%%$ does not contain any e#press provision which categorically e#pressly repeal the charter of the -uthority. .t has to be conceded that there was no intent on the part of the legislature to repeal 6epublic -ct ,o. D?B& and its amendments. The repeal of laws should be made clear and e#pressed. .t has to be conceded that the charter of the 77=- constitutes a special law. 6- 7$@& is a general law. .t is basic is basic in statutory construction that the enactment of a later legislation which is a general law cannot be construed to have repealed a special law. .t is a wellsettled rule in this 1urisdiction that Ia special statute, provided for a particular case or class of cases, is not repealed by a subse;uent statute, general in its terms, provisions and application, unless the intent to repeal or alter is manifest, although the terms of the general law are broad enough to include the cases embraced in the special law.I /here there is a conflict between a general law and a special statute, the special statute should prevail since it evinces the legislative intent more clearly that the general statute. The special law is to be taken as an e#ception to the general law in the absence of special circumstances forcing a contrary conclusion. This is because implied repeals are not favored and as much as possible, given to all enactments of the legislature. - special law cannot be repealed, amended or altered by a subse;uent general law by mere implication. 3onsidering the reasons behind the establishment of the -uthority, which are enviromental protection, navigational safety, and sustainable development, there is every indication that the legislative intent is for the -uthority to proceed with its mission. /e are on all fours with the manifestation of 77=- that I7aguna de Bay, like any other single body of water has its own uni;ue natural ecosystem. The %&& km lake surface water, the ? ma1or river tributaries and several other smaller rivers that drain into the lake, the 9,%9& km9 basin or watershed transcending the boundaries of 7aguna and 6i0al provinces, constitute one integrated delicate natural ecosystem that needs to be protected with uniform set of policies+ if we are to be serious in our aims of attaining sustainable development. This is an e#haustible natural resourcea very limited one which re;uires 1udicious management and optimal utili0ation to ensure renewability and preserve its ecological integrity and balance. (anaging the lake resources would mean the implementation of a national policy geared towards the protection, conservation, balanced growth and sustainable development of the region with due regard to the intergenerational use of its resources by the inhabitants in this part of the earth. The authors of 6epublic -ct D?B& have foreseen this need when they passed this 77=- lawthe special law designed to govern the management of our 7aguna de Bay lake resources. 7aguna de Bay therefore cannot be sub1ected to fragmented concepts of management policies where lakeshore local government units e#ercise e#clusive dominion over specific portions of the lake water. The implementation of a cohesive and integrated lake water resource management policy, therefore, is necessary to conserve, protect and sustainably develop 7aguna de Bay.I The power of the 7>Fs to issue fishing privileges was clearly granted for revenue purposes. This is evident from the fact that "ection $D% of the ,ew 7ocal >overnment 3ode empowering local governments to issue fishing permits is embodied in 3hapter 9, Book .., of 6epublic -ct ,o. 7$@& under the heading, I"pecific 4rovisions 8n The Ta#ing -nd 8ther 6evenue 6aising 4ower of 7>Fs. 8n the other hand, the power of the -uthority to grant permits for fishpens, fishcages and other a;ua culture structures is for the purpose of effectively regulating and monitoring activities in the 7aguna de Bay region and for lake ;uality control and management. @ .t does partake of the nature of police power which is the most pervasive, the least limitable and the most demanding of all "tate powers including the power of ta#ation. -ccordingly the charter of the -uthority which embodies a valid e#ercise of police power should prevail over the 7ocal >overnment 3ode of $%%$ on matters affecting 7aguna de Bay. There should be no ;uarrel over permit fees for fishpens, fishcages and other a;uaculture structures in the 7aguna de Bay area. "ection A of 5#ecutive 8rder ,o. %97 provides for the proper sharing of fees collected. .n respect to the ;uestion as to whether the -uthority is a ;uasi1udicial agency or not, it is our holding that, considering the provisions of "ection D of 6epublic -ct ,o. D?B& and "ection D of 5#ecutive 8rder ,o. %97, series of $%?A, and the ruling of this 3ourt in 7aguna 7ake =evelopment -uthority vs. 3ourt of -ppeals, there is no ;uestion that the -uthority has e#press powers as a regulatory a ;uasi1udicial body in respect to pollution cases with authority to issue a Icease a desist orderI and on matters affecting the construction of illegal fishpens, fishcages and other a;uaculture structures in 7aguna de Bay. The -uthority2s pretense, however, that it is coe;ual to the 6egional Trial 3ourts such that all actions against it may only be instituted before the 3ourt of -ppeals cannot be sustained. 8n actions necessitating the resolution of legal ;uestions affecting the powers of the -uthority as provided for in its charter, the 6egional Trial 3ourts have 1urisdiction. .n view of the foregoing, this 3ourt holds that "ection $D% of 6- 7$@&, otherwise known as the 7ocal >overnment 3ode of $%%$, has not repealed the provisions of the charter of the 77=-, 6epublic -ct ,o. D?B&, as amended. Thus, the -uthority has the e#clusive 1urisdiction to issue permits for the en1oyment of fishery privileges in 7aguna de Bay to the e#clusion of municipalities situated therein and the authority to e#ercise such powers as are by its charter vested on it. 8RESIDENTIAL DECREE No& +F-? ESTABLIS:IN; AN ENVIRON9ENTAL I98ACT STATE9ENT SBSTE9) INCLUDIN; OT:ER ENVIRON9ENTAL 9ANA;E9ENT RELATED 9EASURES AND 7OR OT:ER 8UR8OSES /:565-", the pursuit of a comprehensive and integrated environment protection program necessitates the establishment and institutionali0ation of a system whereby the e#igencies of socioeconomic undertakings can be reconciled with the re;uirements of environmental ;uality+ /:565-", the regulatory re;uirements of environmental .mpact "tatements and -ssessments instituted in pursuit of this national environmental protection program have to be worked into their full regulatory and procedural details in a manner consistent with the goals of the program. ,8/, T:565*865, ., *56=.,-,= 5. (-638", 4resident of the 4hilippines, by virtue of the powers vested in me by the 3onstitution do hereby order and declare) Section +& ,olic( .t is hereby declared the policy of the "tate to attain and maintain a rational and orderly balance between socioeconomic growth and environmental protection. Section *& :n;ironmental Impact 'tatement '(stem There is hereby established an 5nvironmental .mpact "tatement "ystem founded and based on the environmental impact statement re;uired, under "ection D of 4residential =ecree ,o. $$B$, of all agencies and instrumentalities of the national government, including governmentowned or controlled corporations, as well as private corporations, firms and entities, for every proposed pro1ect and undertaking which significantly affect the ;uality of the environment. Section =& -etermination of Lead Agenc( The (inister of :uman "ettlements or his designated representative is hereby authori0ed to name the lead agencies referred to in "ection D of 4residential =ecree ,o. $$B$ which shall have 1urisdiction to undertake the preparation of the necessary environmental impact statements on declared environmentally critical pro1ects and areas. -ll 5nvironmental .mpact "tatements shall be submitted to the ,ational 5nvironmental 4rotection 3ouncil for review and evaluation. Section >& ,residential ,roclamation of :n;ironmentall( $ritical Areas and ,roFects The 4resident of the 4hilippines may, on his own initiative or upon recommendation of the ,ational 5nvironmental 4rotection 3ouncil, by proclamation declare certain pro1ects, undertakings or areas in the country as environmentally critical. ,o person, partnership or corporation shall undertake or operate any such declared environmentally critical pro1ect or area without first securing an 5nvironmental 3ompliance 3ertificate issued by the 4resident or his duly authori0ed representative. *or the proper management of said critical pro1ect or area, the 4resident may by his proclamation reorgani0e such government offices, agencies, institutions, corporations or instrumentalities including the re alignment of government personnel, and their specific functions and responsibilities. *or the same purpose as above, the (inistry of :uman "ettlements shall) !a' prepare the proper land or water use pattern for said critical pro1ect!s' or area !s'+ !b' establish ambient environmental ;uality standards+ !c' develop a program of environmental enhancement or protective measures against calamituous factors such as earth;uake, floods, water erosion and others, and !d' perform such other functions as may be directed by the 4resident from time to time. Section F& :n;ironmentall( Non+$ritical ,roFects -ll other pro1ects, undertakings and areas not declared by the 4resident as environmentally critical shall be considered as noncritical and shall not be re;uired to submit an environmental impact statement. The ,ational 5nvironmental 4rotection 3ouncil, thru the (inistry of :uman "ettlements may however re;uire noncritical pro1ects and undertakings to provide additional environmental safeguards as it may deem necessary. Section ?& 'ecretariat The ,ational 5nvironmental 4rotection 3ouncil is hereby authori0ed to constitute the necessary secretariat which will administer the 5nvironmental .mpact "tatement "ystem and undertake the processing and evaluation of environmental impact statements. Section .& Management and 9inancial Assistance The (inistry of :uman "ettlements is hereby authori0ed to provide management and financial support to government offices and instrumentalities placed under its supervision pursuant to this =ecree financed from its e#isting appropriation or from budgetary augmentation as the (inister of :uman "ettlements may deem necessary. Section -& 7ules and 7egulations The ,ational 5nvironmental 4rotection 3ouncil shall issue the necessary rules and regulations to implement this =ecree. *or this purpose, the ,ational 4ollution 3ontrol 3ommission may be availed of as one of its implementing arms, consistent with the powers and responsibilities of the ,ational 4ollution 3ontrol 3ommission as provided in 4.=. ,o. %?D. Section ,& ,enalt( for ?iolation -ny person, corporation or partnership found violating "ection D of this =ecree, or the terms and conditions in the issuance of the 5nvironmental 3ompliance 3ertificate, or of the standards, rules and regulations issued by the ,ational 5nvironmental 4rotection 3ouncil pursuant to this =ecree shall be punished by the suspension or cancellation of hisCits certificate or andCor a fine in an amount not to e#ceed *ifty Thousand 4esos !4B&,&&&.&&' for every violation thereof, at the discretion of the ,ational 5nvironmental 4rotection 3ouncil. Section +6& :n;ironmental 7e;ol;ing 9und 4roceeds from the penalties prescribed in the preceding "ection % and other penalties imposed by the ,ational 4ollution 3ontrol 3ommission as authori0ed in 4.=. %?D, shall be automatically appropriated into an 5nvironment 6evolving *und hereby created as an e#emption to 4.=. 7$$ and 4.=. $9AD. The fund shall be used e#clusively for the operation of the ,ational 5nvironmental 4rotection 3ouncil and the ,ational 4ollution 3ontrol 3ommission in the implementation of this =ecree. The rules and regulations for the utili0ation of this fund shall be formulated by the (inistry of :uman "ettlements and submitted to the 4resident for approval. Section ++& 7epealing $lause The .nter-gency -dvisory 3ouncil of the ,ational 4ollution 3ontrol 3ommission created under "ection D of 4.=. %?D is hereby abolished and its powers and responsibilities are forthwith delegated and transferred to the 3ontrol of the ,ational 5nvironmental 4rotection 3ouncil. -ll other laws, decrees, e#ecutive orders, rules and regulations inconsistent herewith are hereby repealed, amended or modified accordingly. =5,6 -dministrative 8rder ,o. 9&&A A& SUB0ECT I5/le5entin' Rules an% Re'ulations 1IRR2 for t!e 8!ili//ine En4iron5ental I5/act State5ent 1EIS2 S$ste5 3onsistent with the continuing effort of the =epartment of 5nvironment and ,atural 6esources !=5,6' to rationali0e and streamline the implementation of the 4hilippine 5nvironmental .mpact "tatement !5."' "ystem established under 4residential =ecree !4=' ,o. $B?@, 4residential 4roclamation ,o. 9$D@ defining the scope of the 5." "ystem and pursuant to -dministrative 8rder ,o. D9 issued by tile 8ffice of the 4resident on ,ovember 9, 9&&9, the following rules and regulations are hereby promulgated+ -6T.375 . B-".3 487.3T, 8456-T.,> 46.,3.475", 8B<53T.G5" -,= =5*.,.T.8, 8* T56(" Section +& Basic 8olic$ an% O/eratin' 8rinci/les 3onsistent with the principles of sustainable development, it is the policy of the =5,6 to implement a systemsoriented and integrated approach to the 7." system to ensure a rational balance between socioeconomic development and environmental protection for the benefit of present and future generations. The following are the key operating principles in the implementation of the 4hilippine 5." "ystem) a. The 5." "ystem is concerned primarily with assessing the direct and indirect impacts of a pro1ect on the biophysical and human environment and ensuring that these impacts addressed by appropriate environmental protection and enhancement measures. b. The 5." "ystem aids proponents in incorporating environmental considerations in planning their pro1ects as well as in determining the environment2s impact on their pro1ect. c. 4ro1ect proponents are responsible for determining and disclosing all relevant information necessary for a methodical 2 assessment of the environmental impacts of their pro1ects+ d. The review of the 5." by 5(B shall be guided by three general criteria) !$' that environmental considerations are integrated into the overall pro1ect planning, !9' that the assessment is technically sound and proposed environmental mitigation, measures are effective, and !A' that , social acceptability is based on informed public participation+ e. 5ffective regulatory review of the 5." depends largely on timely full+ and accurate disclosure of relevant) information by pro1ect proponents and, other stakeholders in the 5.- process f. The social acceptability of a pro1ect is a result of meaningful public participation, which shall be assessed as part of the 5nvironmental 3ompliance 3ertificate !533' application, based on concerns related to the pro1ect2s environmental impacts+ g. The timelines prescribed by this 8rder, within which an 5nvironmental 3ompliance 3ertificate must be issued, or denied, apply only to processes and actions within the 5nvironmental (anagement Bureau2s !5(B' control and do not include actions or activities that are the responsibility of the proponent. Section *& O"Gecti4e The ob1ective of this -dministrative 8rder is to rationali0e and streamline the 5." "ystem to make it more effective as a pro1ect planning and management tool by) a. (aking the "ystem more responsive to the demands and needs of the pro1ect proponents and the various stakeholders+ b. 3larifying the, coverage of the "ystem and updating it to take into consideration industrial and technological innovations and trends c. "tandardi0ing re;uirements to ensure focus on critical environment parameters+ d. "implifying procedures for processing 533 applications, and establishing measures to ensure adherence to 533 conditions by pro1ect proponents, and e. -ssuring that critical environmental concerns are addressed during pro1ect development and implementation Section =& Definition of Ter5s *or the purpose of this 8rder, the following definitions shall be applied+ a. 3ertificate, of ,on3overage a certification issued by the 5(B certifying that, based on the submitted pro1ect description, the pro1ect is not covered by the 5." "ystem and is not re;uired to secure an 533 b. 3olocated pro1ects C undertakings pro1ects, or series of similar pro1ects or a pro1ect subdivided to several phases andCor stages by the same proponent, located in contiguous areas. c 5nvironment "urrounding air, water !both ground and surface', land, flora, fauna, humans and their interrelations. d. 5nvironmental 3ompliance 3ertificate !533' document issued by the =5,6C5(B after a positive review of an 533 application, certifying that based on the representations of the proponent, the proposed pro1ect or undertaking will not cause significant negative) environmental impact. The 533 also certifies that the proponent has complied with all the re;uirements of the 5." "ystem and has committed to implement its approved 5nvironmental (anagement 4lan. The 533 contains specific measures and conditions that the pro1ect proponent has to undertake before and during the operation of a pro1ect, and in some cases, during the pro1ect2s abandonment phase to mitigate identified environmental impacts. e. 5nvironmentally 3ritical -rea !53-' area delineated as environmentally sensitive such that significant environmental impacts are e#pected if certain types of proposed pro1ects or programs are located, developed or, implemented in it. f. 5nvironmentally 3ritical 4ro1ect !534' pro1ect or program that has high potential for significant negative environmental impact. g. 5nvironmental >uarantee *und !5>*' fund to be set up by a pro1ect proponent which shall be readily accessible and disbursable for the immediate clean up or rehabilitation of areas affected by damages in the environment and the resulting deterioration of environmental ;uality as a direct conse;uence of a pro1ect2s construction, operation or abandonment. .t shall likewise be used to compensate parties and communities affected by the negative impacts of the pro1ect, and to fund communitybased environment related pro1ects including, but not limited to, information and education and emergency preparedness programs. h. 5nvironmental .mpact -ssessment !5.-' process that involves evaluating and predicting the likely impacts of a pro1ect !including cumulative impacts' on the environment during construction, commissioning, operation and abandonment. .t also includes designing appropriate preventive, mitigating and enhancement measures addressing these conse;uences to protect the environment and the community2s welfare. The process is undertaken by, among others, the pro1ect proponent andCor 5.- 3onsultant, 5(B, a 6eview 3ommittee, affected communities and other stakeholders. i. 5nvironmental .mpact -ssessment 3onsultant a professional or group of professionals commissioned by the proponent to prepare the 5."C.55 and other related documents. .n some cases, the person or group referred to may be the proponent2s technical staff. 1. 5nvironmental .mpact -ssessment 6eview 3ommittee !5.-63' a body of independent technical e#perts and professionals of known probity from various fields organi0ed by the 5(B to evaluate the 5." and other related documents and to make appropriate recommendations regarding the issuance or nonissuance of an 533. k. 5nvironmental .mpact "tatement !5."' document, prepared and submitted by the pro1ect proponent andCor 5.- 3onsultant that serves as an application for an 533. .t is a comprehensive study of the significant impacts of a pro1ect on the environment. .t includes an 5nvironmental (anagement 4lanC4rogram that the proponent will fund and implement to protect the environment l. 5nvironmental (anagement 4lanC4rogram !5(4' section in the 5." that details the prevention, mitigation, compensation, contingency and monitoring measures to enhance positive impacts and minimi0e negative impacts and risks of a proposed pro1ect or undertaking. *or operating pro1ects, the 5(4 can also be derived from an 5(", m. 5nvironmental (anagement "ystems !5("' refers to the 5(B 4544 5(" as provided for under =-8 9&&A$D, which is a part of the overall management system of a pro1ect or organi0ation that includes environmental policy, organi0ational structure, planning activities, responsibilities, practices, procedures, processes and resources for developing, implementing, achieving, reviewing and maintaining an improved overall environmental performance. n. 5nvironmental (onitoring *und !5(*' fund that a proponent shall set up after an 533 is issued for its pro1ect or undertaking, to be used to support the activities of the multipartite monitoring team. .t shall be immediately accessible and easily disbursable. o. 5nvironmental 4erformance capability of proponents to mitigate environmental impacts of pro1ects or programs. p. 5nvironmental 4erformance 6eport and (anagement 4lan !546(4' documentation of the actual cumulative environmental impacts and effectiveness of current measures for single pro1ects that are already operating but without 5332s, i.e., 3ategory -A. *or 3ategory BA pro1ects, a checklist form of the 546(4 would suffice. ;. 5nvironmental 6isk -ssessment !56-' assessment, through the use of universally accepted and scientific methods, of risks associated with a pro1ect. .t focuses on determining the probability of occurrence of accidents and their magnitude !e.g. failure, of containment or e#posure to ha0ardous materials or situations.' r. 5("based 5(4 environmental management plan based on the environmental management system !5("' standard as defined in the =-8 9&&A$D. s. .nitial 5nvironmental 5#amination !.55' 6eport P document similar to an 5.", but with reduced details and depth of assessment and discussion t. .nitial 5nvironmental 5#amination !.55' 3hecklist 6eport simplified checklist version of an .55 6eport, prescribed by the =5,6, to be filled up by a proponent to identify and assess a pro1ect2s environmental impacts and the mitigationCenhancement measures to address such impacts. u. (ultipartite (onitoring Team !((T' community based multisectoral team organi0ed for the purpose of monitoring the proponent2s compliance with 533 conditions, 5(4 and applicable laws, rules and regulations. v. 4rogrammatic 5nvironmental .mpact "tatement !45."' documentation of comprehensive studies on environmental baseline conditions of a contiguous area. .t also includes an assessment of the carrying capacity of the area to absorb impacts from co located pro1ects such as those in industrial estates or economic 0ones !eco0ones', w. 4rogrammatic 5nvironmental 4erformance 6eport and (anagement 4lan !4546(4' documentation of actual cumulative environmental impacts of collocated pro1ects with proposals for e#pansion. The 4546(4 should also describe the effectiveness of current environmental mitigation measures and plans for performance improvement. #. 4ro1ect =escription !4=' document, which may also be a chapter in an 5.", that describes the nature, configuration, use of raw materials and natural resources, production system, waste or pollution generation and control and the activities of a proposed pro1ect. .t includes a description of the use of human resources as well as activity timelines, during the preconstruction, construction, operation and abandonment phases. .t is to be used for reviewing colocated and single pro1ects under 3ategory 3, as well as for 3ategory = pro1ects. T. 4ro1ect or Fndertaking any activity, regardless of scale or magnitude, which may have significant impact on the environment. 0. 4roponent any natural or 1uridical person intending to implement a pro1ect or undertaking. aa. 4ublic 4articipation open, transparent, gender sensitive, and community based process aimed at ensuring the social acceptability of a pro1ect or undertaking, involving the broadest range of stakeholders, commencing at the earliest possible stage, of pro1ect design and development and continuing until postassessment monitoring. bb. 4rocedural 6eview phase in the 533 application review process to check for the completeness the re;uired documents, conducted by 5.-( =ivision at the 5(B 3entral 8ffice or 6egional 8ffice. cc. 4rocess .ndustry an industry whose pro1ect operation stage involves chemical, mechanical or other processes. dd. "coping the stage in the 5." "ystem where information and pro1ect impact assessment re;uirements are established to provide the proponent and the stakeholders the scope of work and terms of reference for the 5.". ee. "ecretary the "ecretary of the =5,6. ff. "ocial -cceptability acceptability of a pro1ect by affected communities based on timely and informed participation in the 5.- process particularly with regard to environmental impacts that are of concern to them. gg. "takeholders entities who may be directly and significantly affected by the pro1ect or undertaking. hh. "ubstantive 6eview the phase in the 5.- process whereby the document submitted is sub1ected to technical evaluation by the 5.-63. ii. Technology all the knowledge, products, processes, tools, methods and systems employed in the creation of goods or providing services. ARTICLE II ECC A88LICATION 8ROCESSIN; AND A88ROVAL 8ROCEDURES Section >& Sco/e of t!e EIS S$ste5 D.$ .n general, only pro1ects that pose potential significant impact to the environment shall be re;uired to secure 5332s. .n coordination with the =epartment of Trade and .ndustry !=T.' and other concerned government agencies, the 5(B is authori0ed to update or make appropriate revisions to the technical guidelines for 5." "ystem implementation. D.9 The issuance of 533 or 3,3 for a pro1ect under the 5." "ystem does not e#empt the proponent from securing other government permits and clearances as re;uired by other laws. .n determining the scope of the 5." "ystem, two factors are considered) !i' the nature of the pro1ect and its potential to cause significant negative environmental impacts, and !ii' the sensitivity or vulnerability of environmental resources in the pro1ect area. D.A The specific criteria for, determining pro1ects or undertakings to be covered by the 5." "ystem are as follows) a. 3haracteristics of the pro1ect or undertaking V "i0e of the pro1ect V 3umulative nature of impacts visavis) other pro1ects V Fse of natural resources V >eneration of waste and environmentrelated nuisance V 5nvironmentrelated ha0ards and risk of accidents b. 7ocation of the 4ro1ect V Gulnerability of the pro1ect area to disturbances due to its ecological importance, endangered or protected status V 3onformity of the proposed pro1ect to e#isting land use, based on approved 0oning or on national laws and regulations V 6elative abundance, ;uality and regenerative capacity of natural resources in the area, including the impact absorptive capacity of the environment c. ,ature of the potential impact V >eographic e#tent of the impact and si0e of affected population V (agnitude and comple#ity of the impact V 7ikelihood, duration, fre;uency, and reversibility of the impact The following are the categories of pro1ectsCundertakings under the 5." system) $ategor( -. 5nvironmentally 3ritical 4ro1ects !534s' with significant potential to cause negative environmental impacts $ategor( B. 4ro1ects that are not categori0ed as 534s, but which may cause negative environmental impacts because they are located in 5nvironmentally 3ritical -reas !53-2s' $ategor( 3. 4ro1ects intended to directly enhance environmental ;uality or address e#isting environmental problems not falling under 3ategory - or B. $ategor( =. 4ro1ects unlikely to cause adverse environmental impacts. D.D 4roponents of colocated or single pro1ects that fall under 3ategory - and B are re;uired to secure 533. *or colocated pro1ects, the proponent has the option to secure a 4rogrammatic 533. *or eco0ones, 533 application may be programmatic based on submission of a programmatic 5.", or locatorspecific based on submission of pro1ect 5." by each locator. D.B 4ro1ects under 3ategory 3 are re;uired submit 4ro1ect =escription. D.@ 4ro1ects classified under 3ategory = may secure a 3,3. The 5(B=5,6, however, may re;uire such, pro1ects or undertakings to provide additional environmental safeguards as it may deem necessary. , D.7 4ro1ectsCundertakings introducing new technologies or construction techni;ue but which may cause significant negative environmental impacts shall be re;uired to submit a 4ro1ect =escription /hich will be used as basis by 5(B for screening the pro1ect and determining its category. Section F& Re@uire5ents for Securin' En4iron5ental Co5/liance Certificate 1ECC2 an% Certificate of NonHCo4era'e 1CNC2 B.$ =ocumentary 6e;uirements for 4roponents 533 processing re;uirements shall focus on information needed to assess critical en;ironmental impacts of proFects. 4rocessing re;uirements shall be customi0ed based on the pro1ect categories. The total ma#imum processing time reckons from the acceptance of the 533C3,3 application for substantive review up to the issuance of the decision F&* 7or5s an% Contents of EIA Stu%$ Re/orts an% Ot!er Docu5ents Re@uire% Un%er t!e EIS S$ste5 The following are the different forms of 5.- study reports and documents re;uired under the 5." "ystem. =5,6 employees are prohibited from taking part in the preparation of such documents. The =5,6C5(B shall limit to a ma#imum of two !9' official re;uests !in writing' to the pro1ect proponent for additional information, which shall be made within the first 7BN of the processing timeframe shown in "ection B.$.$. F&*&+& En4iron5ental I5/act State5ent 1EIS2& The 5." should contain at least the following) a. 5." 5#ecutive "ummary+ b. 4ro1ect =escription+ c. (atri# of the scoping agreement identifying critical issues and concerns, as validated by 5(B+ d. Baseline environmental conditions focusing on the sectors !and resources' most significantly affected by the proposed action+ e. .mpact assessment focused on significant environmental impacts !in relation to pro1ect constructionCcommissioning, operation and decommissioning', taking into account cumulative impacts+ f. 5nvironmental 6isk -ssessment if determined by 5(B as necessary during scoping+ g. 5nvironmental (anagement 4rogramC4lan+ h. "upporting documents+ including technicalCsocio economic data usedCgenerated+ certificate of 0oning viability and municipal land use plan+ and proof of consultation with stakeholders+ i. 4roposals for 5nvironmental (onitoring and >uarantee *unds including 1ustification of amount, when re;uired+ 1. -ccountability statement of 5.- consultants and the pro1ect proponent+ and k. 8ther clearances and documents that may be determined and agreed upon during scoping. F&*&*& Initial En4iron5ental E#a5ination 1IEE2 Re/ort .55 6eport is similar to an 5.", but with reduced details of data and depth of assessment and discussion. .t may be customi0ed for different types of pro1ects under 3ategory B. The 5(B shall coordinate with relevant government agencies and the private sector to customi0e and update .55 3hecklists to further streamline 533 processing, especially for small and medium enterprises. F&*&=& 8ro'ra55atic En4iron5ental I5/act State5ent 18EIS2 The 45." shall contain the following) a. 5#ecutive "ummary+ b. 4ro1ect =escription+ c. "ummary matri# of scoping agreements as validated by 5(B+ d. Kcoprofiling of air, land, water, and relevant people aspects+ e. 5nvironmental carrying capacity analysis+ f. 5nvironmental 6isk -ssessment !if found necessary during scoping'+ g. 5nvironmental (anagement 4lan to include allocation scheme for discharge of pollutants+ criteria for acceptance of locators, environmental management guidebook for locators, and environmental liability scheme+ h. =uties of the 5nvironmental (anagement Fnit to be created+ i. 4roposals for 5nvironmental (onitoring W >uarantee *unds and terms of reference for the (ultipartite (onitoring Team, and 1. 8ther supporting documents and clearances that may be agreed during the scoping. F&*&>& 8ro'ra55atic En4iron5ental 8erfor5ance Re/ort an% 9ana'e5ent 8lan 18E8R982& The 4546(4 shall contain the following) a. 4ro1ect =escription of the colocated pro1ects+ b. =ocumentation of the actual environmental performance based on currentCpast environmental management measures implemented, and c. -n 5(4 based on an environmental management system framework and standard set by 5(B. F&*&F& En4iron5ental 8erfor5ance Re/ort an% 9ana'e5ent 8lan The 546(4 shall contain the following) a. 4ro1ect =escription+ b. Baseline conditions for critical environmental parameters+ c. =ocumentation of the environmental performance based on the currentCpast environmental management measures implemented+ d. =etailed comparative, description of the proposed pro1ect e#pansion andCor process modification with corresponding material and energy balances in the case of process industries, e. 5(4 based on an environmental management system framework and standard set by 5(B. F&*&?& 8roGect Descri/tion 18D2 The 4= shall be guided by the definition of terms and shall contain the following) and update .55 3hecklists to further streamline 533 processing, especially for small and medium enterprises. F&*&=& 8ro'ra55atic En4iron5ental I5/act State5ent 18EIS2 The 45." shall contain the following) a. 5#ecutive "ummary+ b. 4ro1ect =escription+ c. "ummary matri# of scoping agreements as validated by 5(B+ d. Kcoprofiling of air, land, water, and relevant people aspects+ e. 5nvironmental carrying capacity analysis+ f. 5nvironmental 6isk -ssessment !if found necessary during scoping'+ g. 5nvironmental (anagement 4lan to include allocation scheme for discharge of pollutants+ criteria for acceptance of locators, environmental management guidebook for locators, and environmental liability scheme+ h. =uties of the 5nvironmental (anagement Fnit to be created+ i. 4roposals for 5nvironmental (onitoring W >uarantee *unds and terms of reference for the (ultipartite (onitoring Team, and 1. 8ther supporting documents and clearances that may be agreed during the scoping. F&*&>& 8ro'ra55atic En4iron5ental 8erfor5ance Re/ort an% 9ana'e5ent 8lan 18E8R982& The 4546(4 shall contain the following) a. 4ro1ect =escription of the colocated pro1ects+ b. =ocumentation of the actual environmental performance based on currentCpast environmental management measures implemented, and c. -n 5(4 based on the environmental management system framework and standard set by 5(B. F&*&F& En4iron5ental 8erfor5ance Re/ort an% 9ana'e5ent 8lan 1E8R982 The 546(4 shall contain the following) a. 4ro1ect =escription+ b. Baseline conditions for critical environmental parameters+ c. =ocumentation of the environmental performance based on the currentCpast environmental management measures implemented+ d. =etailed comparative, description of the proposed pro1ect e#pansion andCor process modification with corresponding material and energy balances in the case of process industries, e. 5(4 based on an environmental management system framework and standard set by 5(B. F&*&?& 8roGect Descri/tion 18D2 The 4= shall be guided by the definition of terms and shall contain the following) a. =escription of the pro1ect+ b. 7ocation and area covered+ c. 3apitali0ation and manpower re;uirement+ d. *or process industries, a listing of raw materials to be used, description of the process or manufacturing technology, type and volume of products and discharges) e. *or 3ategory 3 pro1ects, a detailed description on how environmental efficiency and overall performance improvement will be attained, or how an e#isting environmental problem will be effectively solved or mitigated by the pro1ect, and f. - detailed location map of the impacted site showing relevant features !e.g. slope, topography, human settlements'. g. Timelines for construction and commissioning . F&*&.& E9SH"ase% E98& The 5("based 5(4 is an option that proponents may undertake in lieu of the 546(4 for single pro1ects applying for 533 under 3ategory -A and B A. F&= 8u"lic :earin' + Consultation Re@uire5ents *or pro1ects under 3ategory -$, the conduct of public hearing as part of the 5." review is mandatory unless otherwise determined by 5(B. *or all other undertakings, a public hearing is not mandatory unless specifically re;uired by 5(B. 4roponents should initiate public consultations early in order to ensure that environmentally relevant concerns of stakeholders are taken into consideration in the 5.- study and the formulation of the management plan, -ll public consultations and public hearings conducted during the 5.- process are to be documented. The public hearingC consultation 4rocess report shall be validated by the 5(BC5(B 6= and shall constitute part of the records of the 5.- process. F&> Docu5entation Re@uire5ents for DENRH E9B an% EIA Re4iewers The 5(B 3entral 8ffice as well as the 5(B 6egional 8ffices shall document the proceedings of the 533 application process and shall set up and maintain relevant information management systems. The documentation shall, at a minimum, include the following) F&>&+& Re4iew 8rocess Re/ort This is to be prepared by the 5(B 3entral or 5(B 68. .t is to be forwarded to the =5,6 "ecretary or 6= as reference for decisionmaking and maintained as part of the records on the 533 application. The report should contain at least the following) a. "ummary of the environmental impacts of the undertaking, along with the proposed mitigation and enhancement measures+ b. Xey issuesCconcerns and the proponent2s response to these+ c. =ocumentation of compliance with procedural re;uirements+ d. -cceptability of proposed 5(4 including the corresponding cost of mitigation, 5>* and 5(* if re;uired+ e. Xey bases for the decision on the 533 application. F&>&*& EIARC Re/ort This report, to be prepared by the 5.- 6eview 3ommittee, forms part of the 5." review documentation. The 5.-63 6eport shall be written by the designated member of the 5.-63 and signed by all the members within five days after the final review meeting. .f an 5.-63 member dissents, he or she must submit a memorandum to the 5(B =irector through the 5.-63 3hairman his or her reasons for dissenting. -t a minimum the 5.-63 report should contain+ a. =etailed assessment of the proposed mitigation and enhancement measures for the identified environmental impacts and risks+ b. =escription of residual or unavoidable environmental impacts despite proposed mitigation measures+ c. =ocumentation of compliance with technicalCsubstantive review criteria+ d. Xey issuesCconcerns and the proponent2s response to these, including social acceptability measures+ e. -ssessment of the proposed 5(4 !including risk reductionCmanagement plan' and amounts proposed for the 5nvironmental >uarantee *und and the 5nvironmental (onitoring *und, and f. 6ecommended decision regarding the 533 application as well as proposed 533 conditions. F&>&=& Decision Docu5ent This is an official letter regarding the decision on the application. .t may be in the form of an 5nvironmental 3ompliance 3ertificate or a =enial 7etter. The 533 shall contain the scope and limitations of the approved activities, as well as conditions to ensure compliance with the 5nvironmental (anagement 4lan. The 533 shall also specify the setting up of an 5(* and 5>*, if applicable. ,o 533 shall be released until the proponent has settled all liabilities, fines and other obligations with =5,6. - =enial 7etter on the other hand shall specify the bases for the decision. The 533 or =enial 7etter shall be issued directly to the pro1ect proponent or its duly authori0ed representative, and receipt of the letter shall be properly documented. The 533 of a pro1ect not implemented within five years from its date of issuance is deemed e#pired. The 4roponent shall have to apply for a new 533 if it intends to pursue the pro1ect. The reckoning date of pro1ect implementation is the date of ground breaking, based on the proponent2s work plan as submitted to the 5(B. Section ?& A//eal -ny party aggrieved by the final decision on the 533 C 3,3 applications may, within $B days from receipt of such decision, file an appeal on the following grounds) a. >rave abuse of discretion on the part of the deciding authority, or b. "erious errors in the review findings. The =5,6 may adopt alternative conflictCdispute resolution procedures as a means to settle grievances between proponents and aggrieved parties to avert unnecessary legal action. *rivolous appeals shall not be countenanced. The proponent or any stakeholder may file an appeal to the following) Deci%in' Aut!orit$ W!ere to file t!e a//eal 5(B 6egional 8ffice =irector 8ffice of the 5(B =irector 5(B 3entral 8ffice 8ffice of the =5,6 "ecretary =5,6 "ecretary 8ffice of the 4resident Section .& T!e EIA 8rocess in Relation to t!e 8roGect 8lannin' C$cle 4roponents are directed under -8 D9 to conduct simultaneously the environmental impact study and the pro1ect planning or feasibility study. 5(B may validate whether or not the 5." was integrated with pro1ect planning by re;uiring relevant documentary proofs, such as the terms of reference for the feasibility study and copies of the feasibility study report. The 5(B shall study the potential application of 5.- to policybased undertakings as a further step toward integrating and streamlining the 5." system. Section -& EIS S$ste5 8roce%ures -&+ 9anual of 8roce%ures ?.$.$. The procedures to enable the processing of 533.3,3 applications within the timeframes, specified in -8 D9 shall be prescribed in a 4rocedural (anual to be issued by the 5(B 3entral 8ffice within ninety !%&' days from the date of this 8rder. ?.$.9. The (anual of 4rocedures shall be updated as the need arises to continually shorten the review and approvalCdenial timeframes where feasible. *ormulation of said procedures shall conform to the following guidelines+ -&* 8rocessin' Ti5efra5e ?.9.$. .f no decision is made within the specified timeframe, the 533C3,3 application is deemed automatically approved and the approving authority shall issue the 533 or 3,3 within five !B' working days after the prescribed processing timeframe has lapsed. :owever, the 5(B may deny issuance of 533 if the proponent fails to submit re;uired additional information critical to deciding on the 533C3,3 application, despite written re;uest from 5(B and despite an ade;uate period for the proponent to comply with the said re;uirement+ ?.9.9. .n cases where 533 issuance cannot be decided due to the proponent2s inability to submit re;uired additional information within the prescribed period, the 5(B shall return the application to the proponent. The pro1ect proponent may resubmit its application, including the re;uired additional information, within one !$' year for 3ategory - pro1ects and si# !@' months for 3ategory B pro1ects without having to pay processing and other fees. 8therwise, the matter shall be treated as a new application. ?.9.A. .n cases where 5(B and the pro1ect proponent have e#hausted all reasonable efforts to generate the information needed for deciding on the 533C3,3 application, the responsible authority !"ecretary or 5(B =irectorC 6egional =irector', shall make a decision based on the available information so as to comply with the prescribed timeframe. The decision shall nonetheless reflect a thorough assessment of impacts taking into consideration !i' the significance of environmental impacts and risks+ !ii' the carrying capacity of the environment+ !iii' e;uity issues with respect to use of natural resources, !iv' and the proponent2s commitment, to institute effective environmental management measures. -&= A5en%in' an ECC 6e;uirements for processing 533 amendments shall depend on the nature of the re;uest but shall be focused on the information necessary to assess the environmental impact of such changes. ?.A.$. 6e;uests for minor changes to 533s such as e#tension of deadlines for submission of post533 re;uirements shall be decided upon by the endorsing authority. ?.A.9. 6e;uests for ma1or changes to 533s shall be decided upon by the deciding authority. ?.A.A. *or 533s issued pursuant to an .55 or .55 checklist, the processing of the amendment application shall not e#ceed thirty !A&' working days+ and for 533s issued pursuant to an 5.", the processing shall not e#ceed si#ty !@&' working days. 4rovisions on automatic approval related to prescribed timeframes under -8 D9 shall also apply for the processing of applications to amend 533s. Section ,& 9onitorin' of 8roGects wit! ECCs 4ost 533 monitoring of pro1ects shall follow these guidelines. 8ther details on re;uirements for monitoring of pro1ects with 533s shall be stipulated in a procedural manual to be formulated by 5(B. ,&+ 9ulti/artite 9onitorin' Tea5 *or pro1ects under 3ategory -, a multipartite monitoring team !((T' shall be formed immediately after the issuance of an 533. 4roponents re;uired to establish an ((T shall put up an 5nvironmental (onitoring *und !5(*' not later than the initial construction phase of the pro1ect. The ((T shall be composed of representatives of the proponent and of stakeholder groups, including representatives from concerned 7>F2s, locally accredited ,>8sC48s, the community, concerned 5(B 6egional 8ffice, relevant government agencies, and other sectors that may be identified during the negotiations. The team shall be tasked to undertake monitoring of compliance with 533 conditions as well as the 5(4. The ((T shall submit a semiannual monitoring report within <anuary and <uly of each year. The 5(B shall formulate guidelines for operationali0ing areabased or clusterbased ((T. The Bureau may also develop guidelines for delegating, monitoring responsibilities to other relevant government agencies as may be deemed necessary. *or pro1ects whose significant environmental impacts do not persist after the construction phase or whose impacts could be addressed through other regulatory means or through the mandates of other government agencies, the operations of ((T may be terminated immediately after construction or after a reasonable period during implementation. ,&* SelfH5onitorin' an% T!ir% 8art$ Au%it The proponent shall also conduct regular self monitoring of specific parameters indicated in the 5(4 through its environmental unit. The proponent2s environmental unit shall submit a semiannual monitoring report within <anuary and <uly of each year. *or pro1ects with 533s issued based on a 4546(4, 546(4, or an 5("based 5(4, a third party audit may be undertaken by a ;ualified environmental or 5(" auditor upon the initiative of the proponent and in lieu of forming an ((T. The said proponent shall submit to 5(B a copy of the audit findings and shall be held accountable for the veracity of the report. The 5(B may opt to validate the said report. ,&= En4iron5ental ;uarantee 7un% -n 5nvironmental >uarantee *und !5>*' shall be established for all colocated or single pro1ects that have been determined by =5,6 to pose a significant public risk or where the pro1ect re;uires rehabilitation or restoration. -n 5>* 3ommittee shall be formed to manage the fund. .t shall be composed of representatives from the 5(B 3entral 8ffice, 5(B 6egional 8ffice, affected communities, concerned 7>Fs, and relevant government agencies identified by 5(B. -n integrated (8- on the ((T5(*5>* shall be entered into among the 5(B 3entral 8ffice, 5(B 6egional 8ffice, the proponent, and representatives of concerned stakeholders. ,&> A"an%on5ent *or pro1ects that shall no longer be pursued, the proponent should inform 5(B to relieve the former from the re;uirement for continued compliance with the 533 conditions. *or pro1ects that have already commenced implementation, an abandonmentCdecommissioning plan shall be submitted for approval by 5(B at least si# !@' months before the planned abandonmentCdecommissioning. The implementation of the plan shall be verified by 5(B. ARTICLE Ill STREN;T:ENIN; T:E I98LE9ENTATION O7 T:E 8:ILI88INE EIS SBSTE9 Section +6& Coor%ination wit! ot!er ;o4ern5ent A'encies an% ot!er Or'ani3ations The =5,65(B shall conduct regular consultations with =T. and other pertinent government agencies, affected industry groups and other stakeholders on continually streamlining the processing of 533 applications and post 533 implementation to fulfill the policy and ob1ectives of this administrative order. The 4resident shall be apprised of the issues raised as well as the actions taken by =5,6 to address these issues whenever necessary. Section ++& Infor5ation S$ste5s I5/ro4e5ent The information system on the 5." "ystem implementation shall be improved for the effective dissemination of information to the public. The information system shall include regular updating of the status of 533 applications through a website and through other means. Section +*& Accre%itation S$ste5 To enhance the ;uality of the 5." submitted to the =5,6C5(B, the 5(B shall establish an accreditation system for individual professionals, academic and professional organi0ations that can be tapped to train professionals in conducting 5.- using training modules approved by 5(B. The 5(B shall also work with =T.B4" for an accreditation system for environmental and 5(" auditors, consistent with provisions of =-8 9&&A$D on the 4hilippine 5nvironmental 4artnership 4rogram. Section +=& Creation of an :A9 Di4ision an% Stren't!enin' of Re4iew an% 9onitorin' Ca/a"ilit$ .n order to effectively implement the provisions of this administrative order, the current 5.- ad hoc division at the 5(B 3entral 8ffice and the 5(B 6egional 8ffices that are primarily incharge of processing 533 applications and post533 monitoring shall be converted to a fullpledged 5nvironmental .mpact -ssessment and (anagement =ivision !5.-(='. The =ivision shall have the following structure and functions) +=&+ The 5.- 5valuation "ection shall be in charge of screening pro1ects for coverage under the 5." "ystem, 5." "coping, and evaluation of 5."2s and .552s submitted for 533 issuance. .t shall have three units responsible, respectively, for screening for coverage, 5." "coping, and evaluation of 533 applications. The 5(B may commission independent professionals, e#perts from the academe and representatives from relevant government agencies as members of the 5.- 6eview 3ommittee as may be deer A$d necessary. *urther, continual improvement of the technical capability of the "taff of the 5.- =ivision shall be undertaken. +=&* The .mpact (onitoring and Galidation "ection shall be in charge of monitoring compliance to 533 conditions and implementation of the 5nvironmental (anagement 4rogram !5(4') The unit shall also validate actual impacts as a basis for evaluating environmental performance and effectiveness of the 5(4. +=&= .n the 5(B 3entral 8ffice, there shall be a "ystems 4lanning and (anagement "ection. .t shall ensure that a continually improving systemsoriented and integrated approach is followed in implementing the 4hilippine 5." "ystem visavis national development programs. The section shall have two units responsible for specific systems level concerns) !$' 4ro1ect 7evel "ystems 4lanning and (anagement Fnit+ and !9' 4rogram and 4olicy 7evel "ystems 4lanning and (anagement Fnit. This section shall also be responsible for technical coordination with the 5.- =ivision in the different 5(B 6egional 8ffices. The organi0ational structure of the 5(B 3entral 8ffice is in -nne# $. ARTICLE +V 9ISCELLANEOUS 8ROVISIONS Section +>& Bu%'et Allocation *or the effective implementation of this order, ade;uate funding should be provided under the annual >eneral -ppropriations -ct. 4er -F D9, the new position items for the 5.- =ivision shall be created out of the e#isting budget and vacant position items within the government service, which shall be reclassified accordingly. Section +F& 7ees -ll proponents, upon submission of the .55.5." and application for amendment, shall pay filing fees and other charges in accordance with prescribed standard costs and fees set by 5(B in relation to the implementation of the 4hilippine 5." "ystem, as shown in -nne# 9. The proponent shall shoulder the cost of reviewing the 5.". Section +?& 7ines) 8enalties An% Sanctions The 5(B 3entral 8ffice or 6egional 8ffice =irectors shall impose penalties upon persons or entities found violating provisions of 4.=. $B?@, and its .mplementing 6ules and 6egulations. =etails of the *ines and 4enalty "tructure shall be covered by a separate order. The 5(B =irector or the 5(B6= may issue a 3ease and =esist 8rder !3=8' based on violations under the 4hilippine 5." "ystem to prevent grave or irreparable damage to the environment. "uch 3=8 shall be effective immediately. -n appeal or any motion seeking to lift the 3=8 shall not stay its effectivity. :owever, the =5,6 shall act on such appeal or motion within ten !$&' working days from filing. The 5(B may publish the identities of firms that are in violation of the 5.- 7aw and its .mplementing 6ules and 6egulations despite repeated ,otices of Giolation andCor 3ease and =esist 8rders. Section +.& Transitor$ 8ro4isions The =5,6 may e#tend reprieve to proponents of pro1ects operating without 533 !3ategories -A and BA' from penalties specified in 4= $B?@ upon registration with the 5(B 3entral 8ffice. -n 5nvironmental 4erformance 6eport and (anagement 4lan !546(4' shall be submitted as a re;uirement for such 533 application within si# months from the signing of this -dministrative order. =uring the period that that the 4rocedural (anual and other necessary guidelines are being prepared, e#isting guidelines which are consistent with the provisions of this 8rder shall remain in effect. -de;uate resources shall be provided for the formulation of the 4rocedural (anual and for the effective implementation of this 8rder. Section +-& Re/ealin' Clause This 8rder hereby supersedes =epartment -dministrative 8rder ,o. %@A7, =epartment -dministrative 8rder ,o. 9&&&A7, =-8 9&&&&B and other related orders, which are inconsistent herewith. C&A& No& +>+ AN ACT TO A9END AND CO98ILE T:E LAWS RELATIVE TO LANDS O7 T:E 8UBLIC DO9AIN TITLE I TITLE AND A88LICATION O7 T:E ACT) LANDS TO W:IC: IT RE7ERS) AND CLASSI7ICATION) DELI9ITATION) AND SURVEB H T:EREO7 7OR CONCESSION C:A8TER I S:ORT TITLE O7 T:E ACT) LANDS TO W:IC: IT A88LIES) AND O77ICERS C:AR;ED WIT: ITS E(ECUTION Sec& *& The provisions of this -ct shall apply to the lands of the public domain+ but timber and mineral lands shall be governed by special laws and nothing in this -ct provided shall be understood or construed to change or modify the administration and disposition of the lands commonly called friar lands and those which, being privately owned, have reverted to or become the property of the 3ommonwealth of the 4hilippines, which administration and disposition shall be governed by the laws at present in force or which may hereafter be enacted. Sec& =& The "ecretary of -griculture and 3ommerce shall be the e#ecutive officer charged with carrying out the provisions of this -ct through the =irector of 7ands, who shall act under his immediate control. Sec& >& "ub1ect to said control, the =irector of 7ands shall have direct e#ecutive control of the survey, classification, lease, sale or any other form of concession or disposition and management of the lands of the public domain, and his decisions as to ;uestions of fact shall be conclusive when approved by the "ecretary of -griculture and 3ommerce. Sec& F& The =irector of 7ands, with the approval of the "ecretary of -griculture and 3ommerce shall prepare and issue such forms, instructions, rules, and regulations consistent with this -ct, as may be necessary and proper to carry into effect the provisions thereof and for the conduct of proceedings arising under such provisions. C:A8TER II CLASSI7ICATION) DELI9ITATION) AND SURVEB O7 LANDS O7 T:E 8UBLIC DO9AIN) 7OR T:E CONCESSION T:EREO7 Sec& ?& The 4resident, upon the recommendation of the "ecretary of -griculture and 3ommerce, shall from time to time classify the lands of the public domain into !a' -lienable or disposable+ !b' Timber, and !c' (ineral lands, and may at any time and in a like manner transfer such lands from one class to another, for the purposes of their administration and disposition. Sec& .& *or the purposes of the administration and disposition of alienable or disposable public lands, the 4resident, upon recommendation by the "ecretary of -griculture and 3ommerce, shall from time to time declare what lands are open to disposition or concession under this -ct. Sec& -& 8nly those lands shall be declared open to disposition or concession which have been officially delimited and classified and, when practicable, surveyed, and which have not been reserved for public or ;uasipublic uses, nor appropriated by the >overnment, nor in any manner become private property, nor those on which a private right authori0ed and recogni0ed by this -ct or any other valid law may be claimed, or which, having been reserved or appropriated, have ceased to be so :owever, the 4resident may, for reasons of public interest, declare lands of the public domain open to disposition before the same have had their boundaries established or been surveyed, or may, for the same reason, suspend their concession or disposition until they are again declared open to concession or disposition by proclamation duly published or by -ct of the ,ational -ssembly. Sec& ,& *or the purpose of their administration and disposition, the lands of the public domain alienable or open to disposition shall be classified, according to the use or purposes to which such lands are destined, as follows) !a' -gricultural !b' 6esidential commercial industrial or for similar productive purposes !c' 5ducational, charitable, or other similar purposes !d' 6eservations for town sites and for public and ;uasipublic uses. The 4resident, upon recommendation by the "ecretary of -griculture and 3ommerce, shall from time to time make the classifications provided for in this section, and may, at any time and in a similar manner, transfer lands from one class to another. Sec& +6& The words alienation, Hdisposition, or concession as used in this -ct, shall mean any of the methods authori0ed by this -ct for the ac;uisition, lease, use, or benefit of the lands of the public domain other than timber or mineral lands. TITLE II A;RICULTURAL 8UBLIC LANDS C:A8TER III 7OR9S O7 CONCESSION O7 A;RICULTURAL LANDS Sec& ++& 4ublic lands suitable for agricultural purposes can be disposed of only as follows, and not otherwise) !$' *or homestead settlement !9' By sale !A' By lease !D' By confirmation of imperfect or incomplete titles) !a' By 1udicial legali0ation !b' By administrative legali0ation !free patent'. Sec& +*& -ny citi0en of the 4hilippines over the age of eighteen years, or the head of a family, who does not own more than twentyfour hectares of land in the 4hilippines or has not had the benefit of any gratuitous allotment of more than twentyfour hectares of land since the occupation of the 4hilippines by the Fnited "tates, may enter a homestead of not e#ceeding twentyfour hectares of agricultural land of the public domain. Sec& +=& Fpon the filing of an application for a homestead, the =irector of 7ands, if he finds that the application should be approved, shall do so and authori0e the applicant to take possession of the land upon the payment of five pesos, 4hilippine currency, as entry fee. /ithin si# months from and after the date of the approval of the application, the applicant shall begin to work the homestead, otherwise he shall lose his prior right to the land. Sec& +>& ,o certificate shall be given or patent issued for the land applied for until at least onefifth of the land has been improved and cultivated. The period within which the land shall be cultivated shall not be less than one or more than five years, from and after the date of the approval of the application. The applicant shall, within the said period, notify the =irector of 7ands as soon as he is ready to ac;uire the title. .f at the date of such notice, the applicant shall prove to the satisfaction of the =irector of 7ands, that he has resided continuously for at least one year in the municipality in which the land is located, or in a municipality ad1acent to the same, and has cultivated at least onefifth of the land continuously since the approval of the application, and shall make affidavit that no part of said land has been alienated or encumbered, and that he has complied with all the re;uirements of this -ct, then, upon the payment of five pesos, as final fee, he shall be entitled to a patent. Sec& +F& -t the option of the applicant, payment of the fees re;uired in this chapter may be made to the municipal treasurer of the locality, who, in turn, shall forward them to the provincial treasurer. .n case of delin;uency of the applicant, the =irector of 7ands may, si#ty days after such delin;uency has occurred, either cancel the application or grant an e#tension of time not to e#ceed one hundred and twenty days for the payment of the sum due. Sec& +?& .f at any time before the e#piration of the period allowed by law for the making of final proof, it shall be proven to the satisfaction of the =irector of 7ands, after due notice to the homesteader, that the land entered is under the law not sub1ect to home stead entry, or that the homesteader has actually changed his residence, or voluntarily abandoned the land for more than si# months at any one time during the years of residence and occupation herein re;uired, or has otherwise failed to comply with the re;uirements of this -ct, the =irector of 7ands may cancel the entry. Sec& +.& Before final proof shall be submitted by any person claiming to have complied with the provisions of this chapter, due notice, as prescribed by the "ecretary of -griculture and 3ommerce shall be given to the public of his intention to make such proof, stating therein the name and address of the homesteader, the description of the land, with its boundaries and area, the names of the witness by whom it is e#pected that the necessary facts will be established, and the time and place at which, and the name of the officer before whom, such proof will be made. Sec& +-& .n case the homesteader shall suffer from mental alienation, or shall for any other reason be incapacitated from e#ercising his rights personally, the person legally representing him may offer and submit the final proof on behalf of such incapacitated person. Sec& +,& ,ot more than one homestead entry shall be allowed to any one person, and no person to whom a homestead patent has been issued by virtue of the provisions of this -ct regardless of the area of his original homestead, may again ac;uire a homestead+ 4rovided, however, That any previous homesteader who has been issued a patent for less than twentyfour hectares and otherwise ;ualified to make a homestead entry, may be allowed another homestead which, together with his previous homestead shall not e#ceed an area of twentyfour hectares. Sec& *6& .f at any time after the approval of the application and before the patent is issued, the applicant shall prove to the satisfaction of the =irector of 7ands that he has complied with all the re;uirements of the law, but cannot continue with his homestead, through no fault of his own, and there is a bona fide purchaser for the rights and improvements of the applicant on the land, and that the conveyance is not made for purposes of speculation, then the applicant, with the previous approval of the =irector of 7ands may transfer his rights to the land and improvements to any person legally ;ualified to apply for a homestead, and immediately after such transfer, the purchaser shall file a homestead application for the land so ac;uired and shall succeed the original homesteader in his rights and obligations beginning with the date of the approval of said application of the purchaser. -ny person who has so transferred his rights may not again apply for a new homestead. 5very transfer made without the previous approval of the =irector of 7ands shall be null and void and shall result in the cancellation of the entry and the refusal of the patent. Sec& *+& -ny non3hristian *ilipino who has not applied for a homestead, desiring to live upon or occupy land on any of the reservations set aside for the socalled non3hristian tribes may re;uest a permit of occupation for any tract of land of the public domain reserved for said non3hristian tribes under this -ct, the area of which shall not e#ceed four hectares. .t shall be an essential condition that the applicant for the permit cultivate and improve the land, and if such cultivation has not been begun within si# months from and after the date on which the permit was received, the permit shall be cancelled. The permit shall be for a term of one year. .f at the e#piration of this term or at any time prior thereto, the holder of the permit shall apply for a homestead under the provisions of this chapter, including the portion for which a permit was granted to him, he shall have the priority, otherwise the land shall be again open to disposition at the e#piration of the permit. *or each permit the sum of one peso shall be paid. C:A8TER IV SALE Sec& **& -ny citi0en of lawful age of the 4hilippines, and any such citi0en not of lawful age who is a head of a family, and any corporation or association of which at least si#ty per centum of the capital stock or of any interest in said capital stock belongs wholly to citi0ens of the 4hilippines, and which is organi0ed and constituted under the laws of 4hilippines, and corporate bodies organi0ed in the 4hilippines authori0ed under their charters to do so+ may purchase any tract of public agricultural land disposable under this -ct, not to e#ceed one hundred and fortyfour hectares in the case of an individual and one thousand and twentyfour hectares in that of a corporation or association, by proceeding as prescribed in this chapter) 4rovided, That partnerships shall be entitled to purchase not to e#ceed one hundred and fortyfour hectares for each member thereof. But the total area so purchased shall in no case e#ceed the one thousand and twentyfour hectares authori0ed in this section for associations and corporations. Sec& *=& ,o person, corporation, association, or partnership other than those mentioned in the last preceding section may ac;uire or own agricultural public land or land of any other denomination or classification, which is at the time or was originally, really or presumptively, of the public domain, or any permanent improvement thereon, or any real right on such land and improvement) 4rovided, however, That persons, corporations, associations or partnerships which, at the date upon which the 4hilippine 3onstitution took effect, held agricultural public lands or land of any other denomination, that belonged originally, really or presumptively, to the public domain, or permanent improvements on such lands, or a real right upon such lands and 3onstitution took improvements, having ac;uired the same under the laws and regulations in force at the date of such ac;uisition, shall be authori0ed to continue holding the same as if such persons, corporations, associations, or partnerships were ;ualified under the last preceding section+ but they shall not encumber, convey, or alienate the same to persons, corporations, associations, or partnerships not included in section twentytwo of this -ct, e#cept by reason of hereditary succession, duly legali0ed and acknowledged by competent courts. Sec& *>& 7ands sold under the provisions of this chapter must be appraised in accordance with section one hundred and si#teen of this -ct. The =irector of 7ands shall announce the sale thereof by publishing the proper notice once a week for si# consecutive weeks in the 8fficial >a0ette, and in two newspapers one published in (anila and the other published in the municipality or in the province where the lands are located, or in a neighboring province, and the same notice shall be posted on the bulletin board of the Bureau 8f 7ands in (anila, and in the most conspicuous place in the provincial building and the municipal building of the province and municipality, respectively, where the land is located, and, if practicable, on the land itself+ but if the value of the land does not e#ceed two hundred and forty pesos, the publication in the 8fficial >a0ette and newspapers may be omitted. The notices shall be published one in 5nglish and the other in "panish or in the local dialect, and shall fi# a date not earlier than si#ty days after the date of the notice upon which the land will be awarded to the highest bidder, or public bids will be called for, or other action will be taken as provided in this chapter. Sec& *F& 4ublic agricultural lands which are not located within ten !$&' kilometers from the boundaries of the city proper in chartered cities or within five !B' kilometers from the municipal hall or town occupants pla0a of any municipality may be sold to actual occupants who do not own any parcel of land or whose total land holdings do not e#ceed five hectares and who comply with the minimum re;uirements of 3ommonwealth -ct numbered one hundred fortyone, as amended, and who have resided on the land applied for at least two years prior to the date of the application. -ll bids must be sealed and addressed to the =irector of 7ands and must have enclosed therewith cash or certified check, treasury warrant, or postoffice money order payable to the order of the =irector of 7ands for ten per centum of the amount of the bid, which amount shall be retained in case the bid is accepted as part payment of the purchase price) 4rovided, That no bid shall be considered the amount of which is less than the appraised value of the land. .n addition to e#isting publication re;uirements in section twentyfour of 3ommonwealth -ct ,umbered one hundred fortyone, as amended, notices and of applications shall be posted for a period of not less than thirty days in at least three conspicuous places in the municipality where the parcel of land is located, one of which shall be at the municipal building, and other, in the barrio council building of the barrio where the land is located. Sec& *?& Fpon the opening of the bids, the land shall be awarded to the highest bidder. .f there are two or more e;ual bids which are higher than the others, and one of such e;ual bids is that of the applicant, his bid shall be accepted. .f, however, the bid of the applicant is not one of such e;ual and higher bids, the =irector of 7ands shall at once submit the land for public bidding, and to the person making the highest bid on such public auction the land shall be awarded. .n any case, the applicant shall always have the option of raising his bid to e;ual that of the highest bidder, and in this case the land shall be awarded to him. ,o bid received at such public auction shall be finally accepted until the bidder shall have deposited ten per centum of his bid, as re;uired in "ection twentyfive of this -ct. .n case none of the tracts of land that are offered for sale or the purchase of which has been applied for, has an area in e#cess of twentyfour hectares, the =irector of 7ands may delegate to the =istrict 7and 8fficer concerned the power of receiving bids, holding the auction, and proceeding in accordance with the provisions of this -ct, but the =istrict 7and 8fficer shall submit his recommendation to the =irector of 7ands, for the final decision of the latter in the case. The =istrict 7and 8fficer shall accept and process any application for the purchase of public lands not e#ceeding five hectares sub1ect to the approval of the =irector of 7ands within si#ty days after receipt of the recommendation of said =istrict 7and 8fficer. "ec. 97. The purchase price shall be paid as follows) The balance of the purchase price after deducting the amount paid at the time of submitting the bid, may be paid in full upon the making of the award, or in not more than ten e;ual annual installments from the date of the award. Sec& *-& The purchaser shall have not less than one fifth of the land broken and cultivated within five years after the date of the award+ and before any patent is issued, the purchaser must show of occupancy, cultivation, and improvement of at least onefifth of the land applied for until the date on which final payment is made) 4rovided, however, That in case land purchased is to be devoted to pasture, it shall be sufficient compliance with this condition if the purchaser shall gra0e on the land as many heads of his cattle as will occupy at least one half of the entire area at the rate of one head per hectare. Sec& *,& -fter title has been granted, the purchaser may not, within a period of ten years from such cultivation or grant, convey or encumber or dispose said lands or rights thereon to any person, corporation or association, without pre1udice to any right or interest of the >overnment in the land) 4rovided, That any sale and encumbrance made in violation of the provisions of this section, shall be null and void and shall produce the effect of annulling the ac;uisition and reverting the property and all rights thereto to the "tate, and all payments on the purchase price theretofore made to the >overnment shall be forfeited. Sec& =6& .f at any time after the date of the award and before the issuance of patent, it is proved to the satisfaction of the =irector of 7ands, after due notice to the purchaser, that the purchaser has voluntarily abandoned the land for more than one year at any one time, or has otherwise failed to comply with the re;uirements of the law, then the land shall revert to the "tate, and all prior payments made by the purchaser and all improvements e#isting on the land shall be forfeited. Sec& =+& ,o person, corporation, association, or partnership shall be permitted, after the approval of this -ct, to ac;uire the title to or possess as owner any lands of the public domain if such lands, added to other lands belonging to such person, corporation, association, or partnership shall give a total area greater than area the ac;uisition of which by purchase is authori0ed under this -ct. -ny e#cess in area over this ma#imum and all right, title, interest, claim or action held by any person, corporation, association, or partnership resulting directly or indirectly in such e#cess shall revert to the "tate. This section shall, however, not be construed to prohibit any person, corporation, association, or partnership authori0ed by this -ct to re;uire lands of the public domain from making loans upon real necessary for the recovery of such loans+ but in this case, as soon as the e#cess above referred to occurs, such person, corporation, association, or partnership shall dispose of such lands within five years, for the purpose of removing the e#cess mentioned. Fpon the land in e#cess of the limit there shall be paid, so long as the same is not disposed of, for the first year a surta# of fifty per centum additional to the ordinary ta# to which such property shall be sub1ect, and for each succeeding year fifty per centum shall be added to the last preceding annual ta# rate, until the property shall have been disposed of. The person, corporation, association, or partnership owning the land in e#cess of the limit established by this -ct shall determine the portion of land to be segregated. -t the re;uest of "ecretary of -griculture and 3ommerce, the "olicitor>eneral or the officer acting in his stead shall institute the necessary proceedings in the proper court for the purpose of determining the e#cess portion to be segregated, as well as the disposal of such portion in the e#clusive interest of the >overnment. Sec& =*& This chapter shall be held to authori0e only one purchase of the ma#imum amount of land hereunder by the same person, corporation, association, or partnership+ and no corporation, association, or partnership, any member of which shall have received the benefits of this chapter or of the ne#t following chapter, either as an individual or as a member of any other corporation, association, or partnership, shall purchase any other lands of the public domain under this chapter. But any purchaser of public land, after having made the last payment upon and cultivated at least onefifth of the land purchased, if the same shall be less than the ma#imum allowed by this -ct, may purchase successively additional agricultural public land ad1acent to or not distant from the land first purchased, until the total area of such purchases shall reach the ma#imum established in this chapter) 4rovided, That in making such additional purchase or purchases, the same conditions shall be complied with as prescribed by this -ct for the first purchase. C:A8TER V LEASE Sec& ==& -ny citi0en of lawful age of the 4hilippines, and any corporation or association of which at least si#ty per centum of the capital stock or of any interest in said capital stock belongs wholly to citi0ens of the 4hilippines, and which is organi0ed and constituted under the laws of the 4hilippines, may lease any tract of agricultural public land available for lease under the provisions of this -ct, not e#ceeding a total of one thousand and twenty four hectares. .f the land leased is adapted to and be devoted for gra0ing purposes, an area not e#ceeding two thousand hectares may be granted. ,o member, stockholder, of officer, representative, attorney, agent, employee or bondholder of any corporation or association holding or controlling agricultural public land shall apply, directly or indirectly, for agricultural public land e#cept under the homestead and free patent provisions of this -ct) 4rovided, That no lease shall be permitted to interfere with any prior claim by settlement or occupation, until the consent of the occupant or settler is first had, or until such claim shall be legally e#tinguished, and no person, corporation, or association shall be permitted to lease lands hereunder which are not reasonably necessary to carry on his business in case of an individual, or the business for which it was lawfully created and which it may lawfully pursue in the 4hilippines, if an association or corporation. Sec& =>& - notice of the date and place of the auction of the right to lease the land shall be published and announced in the same manner as that prescribed for the publication and announcement of the notice of sale, in section twentyfour of this -ct. Sec& =F& -ll bids must be sealed and addressed to the =irector of 7ands and must have enclosed therewith cash or a certified check, Treasury warrant, or postoffice money order payable to the order of the =irector of 7ands, for a sum e;uivalent to the rental for at least, the first three months of the lease) 4rovided, That no bid shall be considered in which the proposed annual rental is less than three per centum of the value of the land according to the appraisal made in conformity with section one hundred and si#teen of this -ct. "ec. A@. The auction of the right to lease the land shall be conducted under the same procedure as that prescribed for the auction sale of agricultural lands as described in section twentysi# of this -ct) 4rovided, That no bid shall be accepted until the bidder shall have deposited the rental for at least the first three months of the lease. Sec& =.& The annual rental of the land leased shall not be less than three per centum of the value of the land, according to the appraisal and reappraisal made in accordance with section one hundred si#teen of this -ct+ e#cept for lands reclaimed by the >overnment, which shall not be less than four per centum of the appraised and reappraised value of the land) 4rovided, That onefourth of the annual rental of these lands reclaimed prior to the approval of this -ct shall accrue to the construction and improvement portion of the 4ortworks *unds) -nd provided, further, That the annual rental of not less than four per centum of the appraised and reappraised value of the lands reclaimed using the 4ortworks *und after the approval of this -ct shall all accrue to the construction and improvement portion of the 4ortworks *und. But if the land leased is adapted to and be devoted for granting purposes, the annual rental shall be not less than two per centum ofthe appraised and reappraised value thereof 5very contract of lease under the provisions of this chapter shall contain a cause to the effect that are appraisal of the land leased shall be made every ten years from the date of the approval of the lease, if the term of the same shall be in e#cess of ten years. .n case the lessee is not agreeable to the reappraisal and prefers to give up his contract of lease, he shall notify the =irector of 7ands of his desire within the si# months ne#t preceding the date on which the reappraisal takes effect, and in case his re;uest is approved, the =irector of 7ands may, if the lessee should so desire, proceed in accordance with section one hundred of this -ct. Sec& =-& 7eases shall run for a period of not more than twentyfive years, but may be renewed once for another period of not to e#ceed twentyfive years, in case the lessee shall have made important improvements which, in the discretion of the "ecretary of -griculture and 3ommerce 1ustify a renewal. Fpon the final e#piration of the lease, all buildings and other permanent improvements made by the lessee, his heirs, e#ecutors, administrators, successors, or assigns shall become the property of the >overnment, and the land together with the said improvements shall be disposed of in accordance with the provisions of chapter five of this -ct. Sec& =,& .t shall be an inherent and essential condition of the lease that the lessee shall have not less than onethird of the land broken and cultivated within five years after the date of the approval of the lease) 4rovided, however, That in case the land leased is to be devoted to pasture, it shall be sufficient compliance with this condition if the lessee shall gra0e on the land as many heads of cattle as will occupy at least onehalf of the entire area at the rate of one head per hectare. Sec& >6& The lessee shall not assign, encumber, or sublet his rights without the consent of the "ecretary of -griculture and 3ommerce, and the violation of this condition shall avoid the contract) 4rovided, That assignment, encumbrance, or subletting for purposes of speculation shall not be permitted in any case) 4rovided, further, That nothing contained in this section shall be understood or construed to permit the assignment, encumbrance, or subletting of lands leased under this -ct, or under any previous -ct, to persons, corporations, or associations which under this -ct, are not authori0ed to lease public lands. Sec& >+& The lease of any lands under this chapter shall not confer the right to remove or dispose of any valuable timber e#cept as provided in the regulations of the Bureau of *orestry for cutting timber upon such lands. ,or shall such lease confer the right to remove or dispose of stone, oil, coal, salts. or other minerals, or medicinal mineral waters e#isting upon the same. The lease as to the part of the land which shall be mineral may be canceled by the "ecretary of -griculture and 3ommerce, after notice to the lessee, whenever the said part of the land is more valuable for agricultural purposes. The commission of waste or violation of the forestry regulations by the lessee shall work a forfeiture of his last payment of rent and render him liable to immediate dispossession and suit for damage. Sec& >*& -fter having paid rent for at least the first two years of the lease, and having complied with the re;uirements prescribed in section thirty nine, the lessee of agricultural public land with an area than the ma#imum allowed by law, may lease successively additional agricultural public land ad1acent to or near the land originally leased until the total area of such leases shall reach the ma#imum established in this chapter) 4rovided, That in making such additional lease, the same conditions shall be complied with as prescribed by this -ct for the first lease. Sec& >=& =uring the life of the lease, any lessee who shall have complied with all the conditions thereof and shall have the ;ualifications re;uired by section twentytwo, shall have the option of purchasing the land leased sub1ect to the restrictions of chapter five of this -ct. C:A8TER VI 7REE 8ATENTS Sec& >>& -ny naturalborn citi0en of the 4hilippines who is not the owner of more than twentyfour hectares and who since <uly fourth, nineteen hundred and twentysi# or prior thereto, has continuously occupied and cultivated, either by himself or through his predecessorsininterest, a tract or tracts of agricultural public lands sub1ect to disposition, or who shall have paid the real estate ta# thereon while same has not been occupied by any person shall be entitled, under the provisions of this chapter, to have a free patent issued to him for such tract or tracts of such land not to e#ceed twentyfour hectares. - member of the national cultural minorities who has continuously occupied and cultivated, either by himself or through his predecessorsininterest, a tract or tracts of land, whether disposable or not since <uly D, $%BB, shall be entitled to the right granted in the preceding paragraph of this section) 4rovided, That at the time he files his free patent application he is not the owner of any real property secured or disposable under this provision of the 4ublic 7and 7aw Sec& >F& The 4resident of the 4hilippines !4rime (inister', upon recommendation of the "ecretary of ,atural 6esources, shall from time to time fi# by proclamation the period which applications for 4roclamation free patents may be filed in the district, chartered city, of period province, municipality or region specified in such proclamation, and upon the e#piration of the period so designated, unless the same be e#tended by the 4resident !4rime (inister' all the land comprised within such district, chartered city, province, municipality or region sub1ect thereto under the provisions of this chapter may be disposed of as agricultural public land without pre1udice to the prior right of the occupant and cultivator to ac;uire such land under this -ct by means other than free patent. The time to be fi#ed in the entire -rchipelago for the filing of applications under this 3hapter shall not e#tend beyond =ecember A$, $%?7, e#cept in the provinces of -gusan del ,orte, -gusan del "ur, 3otabato, "outh 3otabato, Bukidnon, 7anao del ,orte, 7anao del "ur, =avao del ,orte, =avao del "ur, =avao 8riental, "ulu, (t. 4rovince, Benguet, Xalinga-payao, and .fugao where the 4resident of the 4hilippines, upon recommendation of the "ecretary of ,atural 6esources, shall determine or fi# the time beyond which the filing of applications under this 3hapter shall not e#tend. The period fi#ed for any district, chartered city, province, or municipality shall begin to run thirty days after the publication of the proclamation in the 8fficial >a0ette and if available in one newspaper of general circulation in the city, province or municipality concerned. - certified copy of said proclamation shall be furnished by the "ecretary of ,atural 6esources within A& days counted from the date of the presidential proclamation to the =irector of 7ands and to the provincial board, the municipal board or city council and barangay council affected, and copies thereof shall be posted on the bulletin board of the Bureau of 7ands at (anila and at conspicuous places in the provincial building and at the municipal building and barangay hall or meeting place. .t shall moreover, be announced by government radio whenever available, in each of the barrios of the municipality. Sec& >?& .f, after the filing of the application and the investigation, the =irector of 7ands shall be satisfied of the truth of the allegations contained the application and that the applicant comes within the provisions chapter, he shall cause a patent to issue to the applicant or his legal successor for the tract so occupied and cultivated, provided its area does not e#ceed twentyfour hectares) 4rovided, That no application shall be finally acted upon until notice thereof has been published in the municipality and barrio in which the land is located and adverse claimants have had an opportunity to present their claims. C:A8TER VII 0UDICIAL CON7IR9ATION O7 I98ER7ECT OR INCO98LETE TITLES Sec& >.& The persons specified in the ne#t following section are hereby granted time, not to e#tend beyond =ecember A$, $%?7 within which to take advantage of the benefit of this chapter) 4rovided, That this e#tension shall apply only where the area applied for does not e#ceed $DD hectares. 4rovided, further, That the several periods of time designated by the 4resident in accordance with section fortyfive of this -ct shall apply also to the lands comprised in the provisions of this chapter, but this section shall not be construed as prohibiting any of said persons from acting under this chapter at any time prior to the period fi#ed by the 4resident. Sec& >-& The followingdescribed citi0ens of the 4hilippines, occupying lands of the public domain or claiming to own any such lands or an interest therein, but whose titles have not been perfected or completed, may apply to the 3ourt of *irst .nstance of the province where the land is located for confirmation of their claims and the issuance of a certificate of title therefor, under the 7and 6egistration -ct , to wit) !a' Those who prior to the transfer of sovereignty from "pain to the prior Fnited "tates have applied for the purchase, composition or other form of grant of lands of the public domain under the laws and royal decrees then in force and have instituted and prosecuted the proceedings in connection therewith, but have with or without default upon their part, or for any other cause, not received title therefor, if such applicants or grantees and their heirs have occupied and cultivated said lands continuously since the filing of their applications. !b' Those who by themselves or through their predecessors in interest have been in open, continuous, e#clusive, and notorious possession and occupation of agricultural lands of the public domain, under a bona fide claim of ac;uisition or ownership, for at least thirty years immediately preceding the filing of the application for confirmation of title e#cept when prevented by war or force ma1eure. These shall be conclusively presumed to have performed all the conditions essential to a >overnment grant and shall be entitled to a certificate of title under the provisions of this chapter. !c' (embers of the national cultural minorities who by themselves or through their predecessorsin interest have been in open, continuous, e#clusive and notorious possession and occupation of lands of the public domain suitable to agriculture, whether disposable or not, under a bona fide claim of ownership for at least A& years shall be entitled to the rights granted in subsection !b' hereof. Sec& >,& ,o person claiming title to lands of the public domain not possession of the ;ualifications specified in the last preceding section may apply for the benefits of this chapter. Sec& F6& -ny person or persons, or their legal representatives or successors in right, claiming any lands or interest in lands under the provisions of this chapter, must in every case present an application to the proper 3ourt of *irst .nstance, praying that the validity of the alleged title or claim be in;uired into and that a certificate of title be issued to them under the provisions of the 7and 6egistration -ct. The application shall conform as nearly as may be in its material allegations to the re;uirements of an application for registration under the 7and 6egistration -ct, and shall be accompanied by a plan of the land and all documents evidencing a right on the part of the applicant to the land claimed. The application shall also state the citi0enship of the applicant and shall set forth fully the nature of the claim and when based upon proceeding initiated under "panish laws, it shall specify as e#actly as possible the date and form of application for purchase composition or other form of grant, the e#tent of the compliance with the conditions re;uired by the "panish laws and royal decrees for the ac;uisition of legal title, and if not fully complied with, the reason for such noncompliance, together with a statement of the length of time such land or any portion thereof has been actually occupied by the claimant or his predecessors in interest+ the use made of the land, and the nature of the enclosure, if any. The fees provided to be paid for the registration of lands under the 7and 6egistration -ct shall be collected from applicants under this chapter. Sec& F+& -pplications for registration under this chapter shall be heard in the 3ourt of *irst .nstance in the same manner and shall be sub1ect to the same procedure as established in the 7and 6egistration -ct for other applications, e#cept that a notice of all such applications, together with a plan of the lands claimed, shall be immediately forwarded to the =irector of 7ands, who may appear as a party in such cases) 4rovided, That prior to the publication for hearing, all of the papers in said case shall be transmitted papers by the clerk to the "olicitor >eneral or officer acting in his stead, in order that he may, if he deems it advisable for the interests of the >overnment, investigate all of the facts alleged in the application or otherwise brought to his attention. The "olicitor>eneral shall return such papers to the clerk as soon as practicable within three months. The final decree of the court shall in every case be the basis for the original certificate of title in favor of the person entitled to the property under the procedure prescribed in section fortyone of the 7and 6egistration -ct. Sec& F*& .n cadastral proceedings, instead of an application, an answer or claim may be filed with the same effect as in the procedure provided in the last preceding two sections. Sec& F=& .t shall be lawful for the =irector of 7ands, whenever in the opinion of the 4resident the public interests shall re;uire it, to cause to be filed in the proper 3ourt of *irst .nstance, through the "olicitor >eneral or the officer acting in his stead, a petition against the holder, claimant, possessor, or occupant of any land who shall not have voluntarily come in under the provisions of this chapter or of the 7and 6egistration -ct, stating in substance that the title of such holder, claimant, possessor, or occupant is open to discussion+ or that the boundaries of any such land which has not been brought into court as aforesaid are open to ;uestion+ or that it is advisable that the title to such lands be settled and ad1udicated, and praying that the title to any such land or the boundaries thereof or the right to occupancy thereof be settled and ad1udicated. The 1udicial proceedings under this section shall be in accordance with the laws on ad1udication of title in cadastral proceedings. Sec& F>& .f in the hearing of any application arising under this chapter the court shall find that more than one person or claimant has an interest in the land, such conflicting interests shall be ad1udicated by the court and decree awarded in favor of the person or persons entitled to the land according to the laws, but if none of said person is entitled to the land, or if the person who might be entitled to the same lacks the ;ualifications re;uired by this -ct for ac;uiring agricultural land of the public domain, the decision shall be in favor of the >overnment. Sec& FF& /henever, in any proceedings under this chapter to secure registration of an incomplete or imperfect claim of title initiated prior to the transfer of sovereignty from "pain to the Fnited "tates, it shall appear that had such claims been prosecuted to completion under the laws prevailing when instituted, and under the conditions of the grant then contemplated, the conveyance of such land to the applicant would not have been gratuitous, but would have involved payment therefor to the >overnment, then and in that event the court shall, after decreeing in whom title should vest, further determine the amount to be paid as a condition for the registration of the land. "uch 1udgment shall be certified to the =irector of 7ands by the clerk of the court for collection of the amount due from the person entitled to conveyance. Fpon payment to the =irector of 7ands of the price specified in the 1udgment, he shall so certify to the proper 3ourt of *irst .nstance and said court shall forthwith order the registration of the land in favor of the competent person entitled thereto. .f said person shall fail to pay the amount of money re;uired by the decree within a reasonable time fi#ed in the same, the court shall order the proceeding to stand dismissed and the title to the land shall then be in the "tate free from any claim of the applicant. Sec& F?& /henever any 1udgment of confirmation or other decree of the court under this chapter shall become final, the clerk of the court concerned shall certify that fact to the =irector of 7ands, with a certified copy of the decree of confirmation or 1udgment of the court and the plan and technical description of the land involved in the decree or 1udgment of the court. Sec& F.& ,o title or right to, or e;uity in, any lands of the public domain may hereafter be ac;uired by prescription or by adverse possession or occupancy, or under or by virtue of any law in effect prior to -merican occupation, e#cept as e#pressly provided by laws enacted after said occupation of the 4hilippines by the Fnited "tates. TITLE III LANDS 7OR RESIDENTIAL) CO99ERCIAL OR INDUSTRIAL 8UR8OSES AND OT:ER SI9ILAR 8UR8OSES C:A8TER VIII CLASSI7ICATION AND CONCESSION O7 8UBLIC LANDS SUITABLE 7OR RESIDENCE) CO99ERCE AND INDUSTRB Sec& F-& -ny tract of land of the public domain which, being neither timber nor mineral land, is intended to be used for residential purposes or for commercial, industrial, or other productive purposes other than agricultural, and is open to disposition or concession, shall be disposed of under the provisions of this chapter and not otherwise. Sec& F,& The lands disposable under this title shall be classified as follows) !a' 7ands reclaimed by the >overnment by dredging, filing, or other means+ !b' *oreshore+ !c' (arshy lands or lands covered with water bordering upon the shores or banks of navigable lakes or rivers+ !d' 7ands not included in any of the foregoing classes. Sec& ?6& -ny tract of land comprised under this title may be leased or sold, as the case may be, to any person, corporation, or association authori0ed to purchase or lease public lands for agricultural purposes. The area of the land so leased or sold shall be such as shall, in the 1udgment of the "ecretary of -griculture and ,atural 6esources, be reasonably necessary for the purposes for which such sale or lease is re;uested, and shall in no case e#ceed one hundred and fortyfour hectares) 4rovided, however, That this limitation shall not apply to grants, donations, transfers made to a province, municipality or branch or subdivision of the >overnment for the purposes deemed by said entities conducive to the public interest+ but the land so granted donated, or transferred to a province, municipality, or branch or subdivision of the >overnment shall not be alienated, encumbered, or otherwise disposed of in a manner affecting its title, e#cept when authori0ed by 3ongress) 4rovided, further, That any person, corporation, association or partnership dis;ualified from purchasing public land for agricultural purposes under the provisions of this -ct, may lease land included under this title suitable for industrial or residential purposes, but the lease granted shall onlybe valid while such land is used for the purposes referred to. Sec& ?+& The lands comprised in classes !a', !b', and !c' of section fiftynine shall be disposed of to private parties by lease only and not otherwise, as soon as the 4resident, upon recommendation by the "ecretary of -griculture and 3ommerce shall declare that the same are not necessary for the public service and are open to disposition under this chapter. The lands included in class !d' may be disposed of by sale or lease under the provisions of this -ct. Sec& ?*& The lands reclaimed by the >overnment by dredging, filling or otherwise shall be surveyed and may, with the approval of the "ecretary of -griculture and 3ommerce, be divided by the =irector of 7ands into lots and blocks, with the necessary streets and alleyways between them, and said =irector shall give notice to the public by publication in the 8fficial >a0ette or by other means, that the lots or blocks not needed for public purposes shall be leased for commercial or industrial or other similar purposes. Sec& ?=& /henever it is decided that lands covered by this chapter are not needed for public purposes, the =irector of 7ands shall ask the "ecretary of -griculture and 3ommerce for authority to dispose of the same. Fpon receipt of such authority, the =irector of 7ands shall give notice by public advertisement in the same manner as in the case of leases or sales of agricultural public land, that the >overnment will lease or sell, as the case may be, the lots or blocks specified in the advertisement, for the purpose stated in the notice and sub1ect to the conditions specified in this chapter. Sec& ?>& The leases e#ecuted under this chapter by the "ecretary of -griculture and 3ommerce shall, among other conditions, contain the following) !a' The rental shall not be less than three per centum of the appraised or reappraised value of the land plus one per centum of the appraised or reappraised value of the improvements, e#cept for lands reclaimed by the >overnment which shall not be less than four per centum of the appraised or reappraised value of the land plus two per centum of the appraised or reappraised value of the improvements thereon) 4rovided, That twentyfive per centum of the total annual rental on all lands reclaimed prior to the approval of this -ct and one per centum of the appraised or reappraised value of improvements shall accrue to the construction and improvement portion of the 4ortworks *und) -nd provided, further, That the annual rental on lands reclaimed using the 4ortworks *und together with the fee due on account of the improvement thereon after the effectivity of this -ct shall all accrue to the construction and improvement portion of the 4ortworks *und. !b' The land rented and the improvements thereon shall be reappraised every ten years if the term of the lease is in e#cess of that period. !c' The term of the lease shall be as prescribed by section thirtyeight of this -ct. !d' The lessee shall construct permanent improvements appropriate for the purpose for which the lease is granted, shall commence the construction thereof within si# months from the date of the award of the right to lease the land, and shall complete the said construction within eighteen months from said date. !e' -t the e#piration of the lease or of any e#tension of the same, all improvements made by the lessee, his heirs, e#ecutors, administrators, successors, or assigns shall become the property of the >overnment. !f' The regulation of all rates and fees charged to the public+ and the annual submission to the >overnment for approval of all tariffs of such rates and fees. !g' The continuance of the easements of the coast police and other easements reserved by e#isting law or by any laws hereafter enacted. !h' "ub1ection to all easements and other rights ac;uired by the owners of lands bordering upon the foreshore or marshy land. The violation of one or any of the conditions specified in the contract shall give rise to the rescission of said contract. The "ecretary of -griculture and 3ommerce may, however, sub1ect to such conditions as he may prescribe, waive the rescission arising from a violation of the conditions of subsection !d', or e#tend the time within which the construction of the improvements shall be commenced and completed. Sec& ?F& The sale of the lands comprised in classes !c' and !d' of section fiftynine shall, among others, comprise the following conditions) !a' The purchaser shall make improvements of a permanent character appropriate for the purpose for which the land is purchased, shall commence work thereon within si# months from the receipt of the order of award, and shall complete the construction of said improvements within eighteen months from the date of such award+ otherwise the "ecretary of -griculture and ,atural 6esources may rescind the contract. !b' The purchase price shall be paid in cash or in e;ual annual installments, not to e#ceed ten. The contract of sale may contain other conditions not inconsistent with the provisions of this -ct. Sec& ??& The kind of improvements to be made by the lessee or the purchaser, and the plans thereof, shall be sub1ect to the approval of the "ecretary of 4ublic /orks and 3ommunications, in case they are constructions or improvements which if by the >overnment, would properly have to be e#ecuted under the supervision of the Bureau of 4ublic /orks. Sec& ?.& The lease or sale shall be made through oral bidding+ and ad1udication shall be made to the highest bidder. :owever, where an applicant has made improvements on the land by virtue of a permit issued to him by competent authority, the sale or lease shall be made by sealed bidding as prescribed in section twentysi# of this -ct, the provisions of which shall be applied wherever applicable. .f all or part of the lots remain unleased or unsold, the =irector of 7ands shall from time to time announce in the 8fficial >a0ette or in any other newspapers of general circulation, the lease or sale of those lots, if necessary Sec& ?-& The "ecretary of -gricultural and 3ommerce may grant to ;ualified persons temporary permission, upon payment of a reasonable charge, for the use of any portion of the lands covered by this chapter for any lawful private purpose, sub1ect to revocation at any time when, in his 1udgment, the public interest shall re;uire it. TITLE IV LANDS 7OR EDUCATIONAL) C:ARITABLE) AND OT:ER SI9ILAR 8UR8OSES C:A8TER I( CONCESSION O7 LANDS 7OR EDUCATIONAL) C:ARITABLE) AND OT:ER SI9ILAR 8UR8OSES Sec& ?,& /henever any province, municipality, or other branch or subdivision of the >overnment shall need any portion of the land of the public domain open to concession for educational, charitable or other similar purposes, the 4resident, upon recommendation by the "ecretary of -griculture and 3ommerce, may e#ecute contracts in favor of the same. in the form of donation, sale, lease, e#change, or any other form, under terms and conditions to be inserted in the contract+ but land so granted shall in no case be encumbered or alienated, e#cept when the public service re;uires their being leased or e#changed, with the approval of the 4resident, for other lands belonging to private parties, or if the ,ational -ssembly disposes otherwise. Sec& .6& -ny tract of public land of the class covered by this title may be sold or leased for the purpose of founding a cemetery, church, college, school, university, or other institutions for educational, charitable or philanthropical purposes or scientific research, the area to be such as may actually and reasonably be necessary to carry out such purpose, but not to e#ceed ninetysi# hectares in any case. The sale or lease shall be made sub1ect to the same conditions as re;uired for the sale and lease of agricultural public land, but the "ecretary of -griculture and 3ommerce may waive the conditions re;uiring cultivation. The "ecretary of -griculture and 3ommerce, if conveyance he sees fit, may order the sale to be made without public auction, at a price to be fi#ed by said "ecretary, or the lease to be granted without auction, at a rental to be fi#ed by him. .n either case it shall be a condition that the purchaser or lessee or their successors or assigns shall not sell transfer, encumber or lease the land for the purposes of speculation or use it for any purpose other than that contemplated in the application, and that the violation of this condition shall give rise to the immediate rescission of the sale or lease, as the case may be, and to the forfeiture to the >overnment of all e#isting improvements) 4rovided, That it shall in no case be sublet, encumbered or resold under the conditions above set forth e#cept with the approval of the "ecretary of -griculture and 3ommerce. TITLE V RESERVATIONS C:A8TER ( TOWN SITE RESERVATIONS Sec& .+& /henever it shall be considered to be in the public interest to found a new town. The "ecretary of -griculture and 3ommerce shall direct the =irector of 7ands to have a survey made by his Bureau of the e#terior boundaries of the site on which such town is to be established, and upon the completion of the survey he shall send the same to said "ecretary, with his recommendations. Sec& .*& The "ecretary of -griculture and 3ommerce, if he approves the recommendations of the =irector of 7ands, shall submit the matter to the 4resident to the end that the latter may issue a proclamation reserving the land surveyed, or such part thereof as he may deem proper, as a town site, and a certified copy of such proclamation shall be sent to the =irector of 7ands and another to the register of deeds of the province in which the surveyed land lies. Sec& .=& .t shall then be the duty of the =irector of 7ands, after having recorded the proclamation of the 4resident and the survey accompanying the same, and having completed the legal proceedings prescribed in chapter thirteen of this -ct, to direct a subdivision in accordance with the instructions of the "ecretary of -griculture and 3ommerce, if there shall be such instructions, and if there shall not be any, then in the manner which may to the =irector of 7ands seem best adapted to the convenience and interest of the public and the residents of the future town. Sec& .>& The plat of the subdivision shall designate certain lots for commercial and industrial uses and the remainder as residence lots, and shall also reserve and note the lots owned by private individuals as evidenced by record titles, or possessed or claimed by them as private property. "uch lots, whether public or private, shall be numbered upon a general plan or system. The plat prepared by the =irector of 7ands shall be submitted to the "ecretary of -griculture and 3ommerce for consideration, modification, amendment, or approval. Sec& .F& Fnless the necessary reservations are made in the proclamation of the 4resident, the =irector of 7ands, with the approval of the "ecretary of -griculture and 3ommerce, shall reserve out of the land by him to be subdivided lots of sufficient si0e and convenient situation for public use, as well as the necessary avenues, streets, alleyways, parks, and s;uares. The avenues, streets, alleys, parks, pla0as, and lots shall be laid out on the plat as though the lands owned or claimed by private persons were part of the public domain and part of the reservation, with a view to the possible subse;uent purchase or condemnation thereof, if deemed necessary by the proper authorities. Sec&.?& -t any time after the subdivision has been made, the 4resident may, in case the public interest re;uires it, reserve for public purposes any lot or lots of the land so reserved and not disposed of. Sec& ..& .f, in order to carry out the provisions of this chapter, it shall be necessary to condemn private lands within the limits of the new town, the 4resident shall direct the "olicitor>eneral or officer acting in his stead to at once begin proceedings for condemnation, in accordance with the provisions of e#isting law. Sec& .-& /hen the plat of subdivision has been finally approved by the "ecretary of -griculture and 3ommerce, the =irector of 7ands shall record the same in the records of his office and shall forward a certified copy of such record to the register of deeds of the province in which the land lies, to be by such register recorded in the records of his office Sec& .,& -ll lots, e#cept those claimed by or belonging to private parties and those reserved for parks, buildings, and other public uses, shall be sold, after due notice, at public auction to the highest bidder, after the approval and recording of the plat of subdivision as above provided, but no bid shall be accepted that does not e;ual at least twothirds of the appraised value, nor shall bids be accepted from persons, corporations, associations, or partnerships not authori0ed to purchase public lands for commercial, residential or industrial purposes under the provisions of this -ct. The provisions of sections twentysi# and si#tyfive of this -ct shall be observed in so far as they are applicable. 7ots for which satisfactory bids have not been received shall be again offered for sale, under the same conditions as the first time, and if they then remain unsold, the =irector of 7ands shall be authori0ed to sell them at private sale for not less than twothirds of their appraised value. Sec& -6& -ll funds derived from the sale of lots shall be covered into the 4hilippine Treasury as part of the general funds. Sec& -+& ,ot more than two residence lots and two lots for commercial and industrial uses in any one town site shall be sold to any one person, corporation, or association without the specific approval of the "ecretary of -griculture and 3ommerce. Sec& -*& The -ssembly shall have the power at any time to modify, alter, rescind, repeal, annul, and cancel, with or without conditions, limitation, e#ceptions, or reservations, all and any dispositions made by the e#ecutive branch of the 4hilippine >overnment by virtue of this chapter, and the e#ercise of this power shall be understood as reserved in all cases, as an inherent condition thereof. C:A8TER (I RESERVATIONS 7OR 8UBLIC AND SE9IH8UBLIC 8UR8OSES Sec& -=& Fpon the recommendation of the "ecretary of -griculture and 3ommerce, the 4resident may designate by proclamation any tract or tracts of land of the public domain as reservations for the use of the 3ommonwealth of the 4hilippines or of any of its branches, or of the inhabitants thereof, in accordance with regulations prescribed for this purpose, or for ;uasipublic uses or purposes when the public interest re;uires it, including reservations for highways, rights of way for railroads, hydraulic power sites, irrigation systems, communal pastures or leguas comunales, public parks, public ;uarries, public fishponds, workingmens village and other improvements for the public benefit. Sec& ->& Fpon recommendation of the "ecretary of -griculture and 3ommerce, the 4resident, may by proclamation, designate any tract or tracts of the public domain for the e#clusive use of the non 3hristian *ilipinos, including in the reservation, in so far as practicable, the lands used or possessed by them, and granting to each member not already the owner, by title or gratuitous patent, of four or more hectares of land, the use and benefit only of a tract of land not to e#ceed four hectares for each male member over eighteen years of age or the head of a family. -s soon as the "ecretary of the .nterior shall certify that the ma1ority of the non3hristian inhabitants of any given reservation have advanced sufficiently in civili0ation, then the 4resident may order that the lands of the public domain within such reservation be granted under the general provisions of this -ct to the said inhabitants, and the subdivision and distribution of said lands as above provided shall be taken into consideration in the final disposition of the same. But any non3hristian inhabitant may at any time apply for the general benefits of this -ct provided the "ecretary of -griculture and 3ommerce is satisfied that such inhabitant is ;ualified to take advantage of the provisions of the same) 4rovided, That all grants, deeds, patents and other instruments of conveyance of land or purporting to convey or transfer rights of property, privileges, or easements appertaining to or growing out of lands, granted by sultans, datus, or other chiefs of the socalled non3hristian tribes, without the authority of the "panish >overnment while the 4hilippines were under the sovereignty of "pain, or without the consent of the Fnited "tates >overnment or of the 4hilippine >overnment since the sovereignty over the -rchipelago was transferred from "pain to the Fnited "tates, and all deeds and other documents e#ecuted or issued or based upon the deeds, patents, and documents mentioned, are hereby declared to be illegal, void, and of no effect. Sec& -F& Fpon recommendation by the "ecretary of -griculture and 3ommerce, the 4resident may, by proclamation designate any tract or tracts of land of the public domain for the establishment of agricultural colonies+ and although the disposition of the lands to the colonists shall be made under the provisions of this -ct, yet, while the >overnment shall have the supervision and management of said colonies, the "ecretary of -griculture and 3ommerce may make the necessary rules and regulations for the organi0ation and internal administration of the same. The "ecretary of -griculture and 3ommerce may also, under conditions to be established by the -ssembly, turn over a colony so reserved to any person or corporation, in order that such person or corporation may clear, break, and prepare for cultivation the lands of said colony and establish the necessary irrigation system and suitable roads and fences+ but final disposition shall be made of the land in accordance with the provisions of this -ct, sub1ect, however, to such conditions as the ,ational -ssembly may establish for the reimbursement of the e#pense incurred in putting such lands in condition for cultivation) 4rovided, That the ,ational -ssembly may direct that such land so prepared for cultivation may be disposed of only by sale or lease. C:A8TER (II 8ROVISIONS CO99ON TO RESERVATIONS Sec& -?& - certified copy of every proclamation of the 4resident issued under the provisions of this title shall be forwarded to the =irector of 7ands for record in his office, and a copy of this record shall be forwarded to the register of deeds of the province or city where the land lies. Fpon receipt of such certified copy, the =irector of 7ands shall order the immediate survey of the proposed reservation if the land has not yet been surveyed, and as soon as the plat has been completed, he shall proceed in accordance with the ne#t following section. Sec& -.& .f all the lands included in the proclamation of the 4resident are not registered under the 7and 6egistration -ct, the "olicitor>eneral, if re;uested to do so by the "ecretary of -griculture and 3ommerce, shall proceed in accordance with the provision of section fiftythree of this -ct. Sec& --& The tract or tracts of land reserved under the provisions of section eightythree shall be non alienable and shall not be sub1ect to occupation, entry, sale, lease, or other disposition until again declared alienable under the provisions of this -ct or by proclamation of the 4resident. TITLE VI ;ENERAL 8ROVISIONS C:A8TER (III A88LICATIONS 8ROCEDURE) CONCESSION O7 LANDS) AND LE;AL RESTRICTIONS AND ENCU9BRANCES Sec& -,& -ll applications filed under the provisions of this -ct shall be addressed to the =irector of 7ands. Sec& ,6& 5very application under the provisions of this -ct shall be made under oath and shall set forth) !a' The full name of applicant, his age, place of birth, citi0enship, civil status, and postoffice address. .n case the applicant is a corporation, association or co partnership, the application shall be accompanied with a certified copy of its articles of incorporation, association or copartnership together with an affidavit of its 4resident, manager, or other responsible officer, giving the names of the stockholders or members, their citi0enship, and the number of shares subscribed by each. !b' That the applicant has all the ;ualifications re;uired by this -ct in the case. !c' That he has none of the dis;ualifications mentioned herein. !d' That the application is made in good faith, for the actual purpose of using the land for the ob1ect specified in the application and for no other purpose, and that the land is suitable for the purpose to which it is to be devoted. !e' That the application is made for the e#clusive benefit of the application and not, either directly or indirectly, for the benefit of any other person or persons, corporation, association, or partnership. !f' -s accurate a description of the land as may be given, stating its nature the province, municipality, barrio, and sitio where it is located, and its limits and boundaries, specifying those having reference to accidents of the ground or permanent monuments, if any. !g' /hether all or part of the land is occupied or cultivated or improved, and by whom, giving his postoffice address, and whether the land has been occupied or cultivated or improved by the applicant or his ascendant, the name of the ascendant, the relationship with him, the date and place of the death of the ascendant, the date when the possession and cultivation began, and description of the improvements made, accompanying satisfactory evidence of the relationship of the applicant with the ascendant, and of the death of the latter and the descendants left by him, in case it is alleged that he occupied and cultivated the land first+ or whether there are indications of its having been occupied, cultivated, or improved entirely or partially, and if so, in what such indications consist, whether he has made investigations as to when and by whom such improvements were made, and if so, how such investigations were made and what was the result thereof+ or whether the land is not occupied, improved, or cultivated either entirely or partially, and there are no indications of it having ever been occupied, improved, or cultivated, and in this case, what is the condition of the land. !h' That the land applied for is neither timber nor mineral land and does not contain guano or deposits of salts or coal. !i' That the applicant agrees that a strip forty meters wide starting from the bank on each side of any river or stream that may be found on the land applied for, shall be demarcated and preserved as permanent timberland to be planted e#clusively to trees of known economic value, and that he shall not make any clearing thereon or utili0e the same for ordinary farming purposes even after patent shall have been issued to him or a contract of lease shall have been e#ecuted in his favor. @? Sec& ,+& The statements made in the application shall be considered as essential conditions and parts of any concession, title, or permit issued on the basis of such application, and any false statements therein or omission of facts altering, changing, or modifying the consideration of the facts set forth in such statements, and any subse;uent modification, alteration, or change of the material facts set forth in the application shall ipso facto produce the cancellation of the concession, title, or permit granted. .t shall be the duty of the =irector of 7ands, from time to time and whenever he may deem it advisable, to make the necessary investigations for the purpose of ascertaining whether the material facts set out in the application are true, or whether they continue to e#ist and are maintained and preserved in good faith, and for the purposes of such investigation, the =irector of 7ands is hereby empowered to issue subpoenas and subpoenas duces tecum and, if necessary, to obtain compulsory process from the courts. .n every investigation made in accordance with this section, the e#istence of bad faith, fraud, concealment, or fraudulent and illegal modification of essential facts shall be presumed if the grantee or possessor of the land shall refuse or fail to obey a subpoena or subpoena duces tecum lawfully issued by the =irector of 7ands or his authori0ed delegates or agents, or shall refuse or fail to give direct and specific answers to pertinent ;uestions, and on the basis of such presumption, an order of cancellation may issue without further proceedings. Sec& ,*& -lthough the ma#imum area of public land that may be ac;uired is fi#ed, yet the spirit of this -ct is that the rule which must determine the real area to be granted is the beneficial use of the land. The concession or disposition shall be for less than the ma#imum area authori0ed if, at the time of the issuance of the patent or of the concession or disposition, it shall appear that the applicant is utili0ing and is only able to utili0e a smaller area, even though the application is for a greater area. *or the purposes of this section, the =irector of 7ands is authori0ed to determine the area that may be granted to the applicant, and to deny or cancel or limit any application for concession, purchase, or lease if convinced of the lack of means of the applicant for using the land for the purpose for which he has re;uested it. Sec& ,=& 7ands applied for under this -ct shall conform to the legal subdivisions and shall be contiguous if comprising more than one subdivision. .f subdivisions have not been made on the date of the application, the lands shall be rectangular in form so far as practicable, but it shall be endeavored to make them conform to the legal subdivision as soon as the same has been made, provided the interests of the applicant or grantee are protected+ and the subdivision assigned to the applicant or grantee shall, so far as practicable, include the land improved or cultivated. The regulations to be issued for the e#ecution of the provisions of this section shall take into account the legal subdivision to be made by the >overnment and the inadvisability of granting the best land at a given place to only one person. Sec& ,>& .n case the legal subdivisions have already been made at the time of the filing of the application, no charge shall be made for the survey+ but if the legal subdivisions have not yet been made, the cost of the survey shall be charged to the >overnment, e#cept in the following cases) !a' .n purchases under chapters five and ten of this -ct, the cost of the survey shall be charged to the purchaser if the same is a corporation, association, or partnership+ in other purchases the purchases, whoever it be, shall pay the total cost of the survey. !b' .n leases, the cost of the survey shall be paid by the lessee+ but at any time after the first five years from the approval of the lease, and during 3ost of the life of the same, the lessee shall be entitled to the reimbursement of onehalf of the cost of the survey, if he shows to the satisfaction of the =irector of 7ands that he has occupied and improved a sufficient area of the land or incurred sufficient e#penses in connection therewith to warrant such reimbursement. "ection%B. .f before the delimitation and survey of a tract of public land the 4resident shall declare the same disposable or alienable and such land shall be actually occupied by a person other than the applicant, the =irector of 7ands shall inform the occupant of his prior right to apply for the land and shall give him one hundred and twenty days time in which to file the application or apply for the concession by any of the forms of disposition authori0ed by this -ct, if such occupant is ;ualified to ac;uire a concession under this -ct. Sec& ,?& -s soon as any land of the public domain has been surveyed, delimited, and classified, the 4resident may, in the order issued by him declaring it open for disposition, designate a term within which occupants with improvements but not entitled to free patents may apply for the land occupied by them, if they have the ;ualifications re;uired by this -ct. Sec& ,.& .f in the case of the two last preceding sections, the occupant or occupants have not made application under any of the provisions of this -ct at the e#piration of the time limit fi#ed, they shall lose any prior right to the land recogni0ed by this -ct, and the improvements on the land, if any, shall be forfeited to the >overnment. Sec& ,-& -ll rights in and interest to, and the improvements and crops upon, land for which an application has been denied or canceled or a patent or grant refused, or a contract or concession rescinded or annulled, shall also be forfeited to the >overnment. Sec& ,,& The "ecretary of -griculture and 3ommerce may order such improvements and crops to be appraised separately, for sale to the new applicant or grantee, or may declare such land open only to sale or lease. Sec& +66& .n case the cancellation is due to delin;uency on the part of the applicant or grantee, the same shall be entitled to the reimbursement of the proceeds of the sale of the improvements and crops, after deducting the total amount of his indebtedness to the >overnment and the e#pense incurred by it in the sale of the improvements or crops and in the new concession of the land. Sec& +6+& -ll actions for the reversion to the >overnment of lands of the public domain or improvements thereon shall be instituted by the "olicitor>eneral or the officer acting in his stead, in the proper courts, in the name of the 3ommonwealth of the 4hilippines. Sec& +6*& -ny person, corporation, or association may file an ob1ection under oath to any application or concession under this -ct, grounded on any reason sufficient under this -ct for the denial or cancellation of the application or the denial of the patent or grant. .f, after the applicant or grantee has been given suitable opportunity to be duly heard, the ob1ection is found to be well founded, the =irector of 7ands shall deny or cancel the application or deny patent or grant, and the person ob1ecting shall, if ;ualified, be granted a prior right of entry for a term of si#ty days from the date of the notice. Sec& +6=& -ll the proofs, affidavits, and oaths of any kind re;uired or necessary under this -ct may be made before the 1ustice of the peace 7$ of the municipality in which the land lies, or before the 1udge or clerk of the 3ourt of *irst .nstance of the province in which the land lies, or before any 1ustice of the peace or chargeable notary public of the province in which the land lies, or before any officer or employee of the Bureau of 7ands authori0ed by law to administer oaths. The fees for the taking of final evidence before any of the officials hereinbefore mentioned shall be as follows) *or each affidavit, fifty centavos. *or each deposition of the applicant or the witness, fifty centavos. Sec& +6>& -ny owner of uncultivated agricultural land who knowingly permits application for the same to be made to the >overnment and the land to be tilled and improved by a bona fide grantee without protesting to the Bureau of 7ands within one year after cultivation has begun, shall lose all to the part of the land so cultivated and improved, unless he shall bring action in the proper court before such action for recovery prescribes and obtains favorable 1udgment therein, in which case the court shall, upon its decision becoming final, order the payment to the grantee, within a reasonable period, of the indemnity fi#ed by said court for the cultivation and improvement. Sec& +6F& .f at any time the applicant or grantee shall die before the issuance of the patent or the final grant of the land, or during the life of the lease, or while the applicant or grantee still has obligations pending towards the >overnment, in accordance with this -ct, he shall be succeeded in his rights and obligations with respect to the land applied for or granted or leased under this -ct by his heirs in law, who shall be entitled to have issued to them the patent or final concession if they show that they have complied with the re;uirements therefor, and who shall be subrogated in all his rights and obligations for the purposes of this -ct. Sec& +6?& .f at any time after the approval of the application and before the issuance of a patent or the final concession of the land, or during the life of the lease, or at any time when the applicant or grantee still has obligations pending with the >overnment, in accordance with this -ct, it appears that the land applied for is necessary, in the public interest, for the protection of any source of water or for any work for the public benefit that the >overnment wishes to undertake, the "ecretary of -griculture and 3ommerce may order the cancellation of the application or the non issuance of the patent or concession or the e#clusion from the land applied for of such portion as may be re;uired, upon payment of the value of the improvements, if any. Sec& +6.& -ll patents or certificates for land granted under this -ct shall be prepared in the Bureau of 7ands and shall be issued in the name of the >overnment of the 6epublic of the 4hilippines under the signature of the 4resident of the 4hilippines) 4rovided, however, That the 4resident of the 4hilippines may delegate to the "ecretary of -griculture and ,atural 6esources 7D andCor the Fnder secretary for ,atural 6esources 7D the power to sign patents or certificates covering lands not e#ceeding one hundred fortyfour hectares in area, and to the "ecretary of -griculture and ,atural 6esources 7B the power to sign patents or certificates covering lands e#ceeding one hundred fortyfour hectares in area) 4rovided, further, That =istrict 7and 8fficers in every province are hereby empowered to sign patents or certificates covering lands not e#ceeding five hectares in area when the office of the =istrict 7and 8fficer is properly e;uipped to carry out the purposes of this -ct) 4rovided, That no applicant shall be permitted to split the area applied for by him in e#cess of the area fi#ed in this section among his relatives within the si#th degree of consanguinity or affinity e#cepting the applicants married children who are actually occupying the land) 4rovided, finally, That copies of said patents issued shall be furnished to the Bureau of 7ands for record purposes. ,o patent or certificate shall be issued by the =istrict 7and 8fficer unless the survey of the land covered by such patent or certificate, whether made by the Bureau of 7ands or by a private surveyor, has been approved by the =irector of 7ands. The =irector of 7ands shall promptly act upon all surveys submitted to him for approval and return the same to the =istrict 7and 8fficer within ninety days after receipt of such surveys by his office. .n case of disapproval, the =irector of 7ands shall state the reasons therefor. -ny person aggrieved by the decision or action of the =istrict 7and 8fficer may, within thirty days from receipt of the copy of the said decision, appeal to the =irector of 7ands. "uch patents or certificates shall be effective only for the purposes defined in "ection one hundred and twenty two of the land 6egistration -ct, and actual conveyance of the land shall be effected only as provided in said section. -ll surveys pending approval by the =irector of 7ands at the time this -ct takes effect shall be acted upon by him within ninety days from the effectivity of this -ct. "ection$&?. ,o patent shall issue nor shall any concession or contract be finally approved unless the land has been surveyed and an accurate plat made thereof by the Bureau of 7ands. Sec& +6,& .n no case shall any land be granted under the provisions of this -ct when this affects in1uriously the use of any ad1acent land or of the waters, rivers, creeks, foreshore, roads, or roadsteads, or vest the grantee with other valuable rights that may be detrimental to the public interest. Sec& ++6& 4atents or certificates issued under the provisions of this -ct shall not include nor convey the title to any gold, silver, copper, iron, or other metals or minerals, or other substances containing minerals, guano, gums, precious stones, coal, or coal oil contained in lands granted thereunder. These shall remain to be property of the "tate. Sec& +++. -ll persons receiving title to lands under the provisions of this -ct shall hold such lands sub1ect to the provisions hereof and to the same public servitudes as e#ist upon lands owned by private persons, including those with reference to the littoral of the sea and the banks of navigable rivers or rivers upon which rafting may be done. Sec& ++*& "aid land shall further be sub1ect to a rightofway not e#ceeding si#ty !@&' meters in width for public highways, railroads, irrigation ditches, a;ueducts, telegraph and telephone lines and similar works as the >overnment or any public or ;uasi public service or enterprise, including mining or forest concessionaires, may reasonably re;uire for carrying on their business, with damages for the improvements only. 77 Sec& ++=& The beneficial use of water shall be the basis, the measure, and the limit of all rights thereto, and the patents herein granted shall be sub1ect to the right of the >overnment to make such rules and regulations for the use of water and the protection of the water supply, and for other public purposes, as it may deem best for the public good. /henever, by priority of possession, rights to the use of water for mining, agricultural, manufacturing, or other purposes have vested and accrued, and the same are recogni0ed and acknowledged by the local customs, or by the laws and decisions of the courts, the possessors and owners of such vested rights shall be maintained and protected in the same, and all patents granted under this -ct shall be sub1ect to any vested and accrued rights to ditches and reservoirs used in connection with such water rights as may have been ac;uired in the manner above described prior to -pril eleven, eighteen hundred and ninetynine. Sec& ++>& There is hereby reserved from the operation of all patents, certificates, entries, and grants by the >overnment authori0ed under this -ct the right to use for the purposes of power any flow of water in any stream running through or by the land granted, the convertible power from which at ordinary low water e#ceeds fifty horse power. /here the convertible power in any stream running through or by land granted under the authority of this -ct thus e#ceeds fifty horsepower, and there is no means of using such power e#cept by the occupation of a part of the land granted under authority of this -ct, then so much land as is reasonably necessary for the mill site or site for the power house, and for a suitable dam and site for massing the water, is hereby e#cepted from such grants, not e#ceeding four hectares, and a right of way to the nearest public highway from the land thus e#cepted, and also a right of way for the construction and maintenance of such flumes, a;ueducts, wires, poles, or order conduits as may be needed in conveying the water to the point where its fall will yield the greatest power, or the power from the point of conversion to the point of use, is reserved as a servitude or easement upon the land granted by authority of this -ct) 4rovided, however, That when the >overnment or any concessionaire of the >overnment shall take possession of the land under this section which a grantee under this -ct shall have paid for, supposing it to be sub1ect to grant under this -ct, said grantee shall be entitled to indemnity from the >overnment or the concessionaire, as the case may be, in the amount, if any, paid by him to the >overnment for the land taken from him by virtue of this section) -nd provided, further, That with respect to the flow of water, e#cept for converting the same into power e#ceeding fifty horse power, said grantee shall be entitled to the same use of the water flowing through or along his land that other private owners en1oy under the law, sub1ect to the governmental regulation provided in the previous section. /ater power privileges in which the convertible power at ordinary low water shall e#ceed fifty horse power shall be disposed of only upon terms established by an -ct of the -ssembly concerning the use, lease or ac;uisition of such water privilege. Sec& ++F& -ll lands granted by virtue of this -ct, including homesteads upon which final proof has not been made or approved, shall, even though and while the title remains in the "tate, be sub1ect to the ordinary ta#es, which shall be paid by the grantee or the applicant, beginning with the year ne#t following the one in which the homestead application has been filed, or the concession has been approved, or the contract has been signed, as the case may be, on the basis of the value fi#ed in such filing, approval or signing of the application, concession or contract. Sec& ++?& The appraisal or reappraisal of the lands or improvements sub1ect to concession or disposition under this -ct shall be made by the =irector of 7ands, with the approval of the "ecretary of -griculture and 3ommerce. The =irector of 7ands may re;uest the assistance of the provincial treasurer of the province in which the land lies or may appoint a committee for such purpose in the province or in the municipality in which the land lies. .n no case shall the appraisal or reappraisal be less than the e#pense incurred or which may be incurred by the >overnment in connection with the application or concession, nor shall any reappraisal be made with an increase of more than one hundred per centum upon the appraisal or reappraisal ne#t preceding. Sec&++.& -ll sums due and payable to the >overnment under this -ct, e#cept homestead fees, shall draw simple interest at the rate of four per centum per annum from and after the date in which the debtor shall become delin;uent. Sec& ++-& 5#cept in favor of the >overnment or any of its branches, units, or institutions, lands ac;uired under free patent or homestead provisions shall not be sub1ect to encumbrance or alienation from the date of the approval of the application and for a term of five years from and after the date of issuance of the patent or grant, nor shall they become liable to the satisfaction of any debt contracted prior to the e#piration of said period, but the improvements or crops on the land may be mortgaged or pledged to ;ualified persons, associations, or corporations. ,o alienation, transfer, or conveyance of any homestead after five years and before twentyfive years after issuance of title shall be valid without the approval of the "ecretary of -griculture and 3ommerce, which approval shall not be denied e#cept on constitutional and legal grounds. Sec& ++,& 5very conveyance of land ac;uired under the free patent or homestead provisions, when proper, shall be sub1ect to repurchase by the applicant, his widow, or legal heirs, within a period of five years from the date of the conveyance. Sec& +*6. 3onveyance and encumbrance made by persons belonging to the socalled non3hristian *ilipinos or national cultural minorities, when proper, shall be valid if the person making the conveyance or encumbrance is able to read and can understand the language in which the instrument or conveyance or encumbrances is written. 3onveyances and encumbrances made by illiterate non3hristian or literate non3hristians where the instrument of conveyance or encumbrance is in a language not understood by the said literate non 3hristians shall not be valid unless duly approved by the 3hairman of the 3ommission on ,ational .ntegration. Sec& +*+& 5#cept with the consent of the grantee and the approval of the "ecretary of ,atural 6esources, and solely for commercial, industrial, educational, religious or charitable purposes or for a right of way, no corporation, association, or partnership may ac;uire or have any right, title, interest, or property right whatsoever to any land granted under the free patent, homestead, or individual sale provisions of this -ct or to any permanent improvement on such land. The provisions of "ection $9D of this -ct to the contrary notwithstanding, any ac;uisition of such land, rights thereto or improvements thereon by a corporation, association, or partnership prior to the promulgation of this =ecree for the purposes herein stated is deemed valid and binding+ 4rovided, That no final decision of reversion of such land to the "tate has been rendered by a court+ -nd 4rovided, further, That such ac;uisition is approved by the "ecretary of ,atural 6esources within si# !@' months from the effectivity of this =ecree. Sec& +**& ,o land originally ac;uired in any manner under the provisions of this -ct, nor any permanent improvement on such land, shall encumbered, alienated, or transferred, e#cept to persons, corporations, associations, or partnerships who may ac;uire lands of the public domain under this -ct or to corporations organi0ed in the 4hilippines authori0ed therefor by their charters. 5#cept in cases of hereditary succession, no land or any portion thereof originally ac;uired under the free patent, homestead, or individual sale provisions of this -ct, or any permanent improvement on such land, shall be transferred or assigned to any individual, nor shall such land or any permanent improvement thereon be leased to such individual, when the area of said land, added to that of his own, shall e#ceed one hundred and fortyfour hectares. -ny transfer, assignment, or lease made in violation hereof, shall be null and void. Sec& +*=& ,o land originally ac;uired in any manner under the provisions of any previous -ct, ordinance, royal order, royal decree, or any other provision of law formerly in force in the 4hilippines with regard to public lands, terrenos baldios y realengos, or lands of any other denomination that were actually or presumptively of the public domain, or by royal grant or in any other form, nor any permanent improvement on such land, shall be encumbered, alienated, or conveyed, e#cept to persons, corporations or associations who may ac;uire land of the public domain under this -ct or to corporate bodies organi0ed in the 4hilippines whose charters authori0e them to do so) 4rovided, however, That this prohibition shall not be applicable to the conveyance or ac;uisition by reason of hereditary succession duly acknowledged and legali0ed by competent courts+ 4rovided, further, That in the event of the ownership of the lands and improvements mentioned in this section and in the last preceding section being transferred by 1udicial decree to persons, corporations or associations not legally capacitated to ac;uire the same under the provisions of this -ct, such persons, corporations, or associations shall be obliged to alienate said lands or improvements to others so capacitated within the precise period of five years+ otherwise, such property shall revert to the >overnment. Sec& +*>& -ny ac;uisition, conveyance, alienation, transfer, or other contract made or e#ecuted in violation of any of the provisions of sections one hundred and eighteen, one hundred and twenty, one hundred and twentyone, one hundred and twenty two, and one hundred and twentythree of this -ct shall be unlawful and null and void from its e#ecution and shall produce the effect of annulling and cancelling the grant, title, patent, or permit originally issued, recogni0ed or confirmed, actually or presumptively, and cause the reversion of the property and its improvements to the "tate. "ec. $9B. The provisions of sections twentytwo, twentythree, thirtythree, one hundred and twenty two, and one hundred and twentythree of this -ct, and any other provision or provisions restricting or tending to restrict the right of persons, corporations, or associations to ac;uire, hold, lease, encumber, dispose of, or alienate land in the 4hilippines, or permanent improvements thereon, or any interest therein, shall not be applied in cases in which the right to ac;uire, hold or dispose of such land, permanent improvements thereon or interests therein in the 4hilippines is recogni0ed by e#isting treaties in favor of citi0ens or sub1ects of foreign nations and corporations or associations organi0ed and constituted by the same, which right, in so far as it e#ists under such treaties, shall continue and subsist in the manner and to the e#tent stipulated in said treaties, and only while these are in force, but not thereafter. "ec. $9@. -ll public auctions provided for in the foregoing chapters in the disposition of public lands shall be held, wherever possible, in the province where the land is located, or, in the office of the Bureau of 7ands in (anila RE8UBLIC ACT NO& -=.+ LT!e In%i'enous 8eo/les Ri'!ts Act "ec. 9. -eclaration of 'tate ,olicies The "tate shall recogni0e and promote all the rights of .ndigenous 3ultural 3ommunitiesC.ndigenous 4eoples !.33sC.4s' hereunder enumerated within the framework of the 3onstitution) a' The "tate shall recogni0e and promote the rights of .33sC.4s within the framework of national unity and development+ b'The "tate shall protect the rights of .33sC.4s to their ancestral domains to ensure their economic, social and cultural well being and shall recogni0e the applicability of customary laws governing property rights or relations in determining the ownership and e#tent of ancestral domain+ c' The "tate shall recogni0e, respect and protect the rights of .33sC.4s to preserve and develop their cultures, traditions and institutions. .t shall consider these rights in the formulation of national laws and policies+ d' The "tate shall guarantee that members of the .33sC.4s regardless of se#, shall e;ually en1oy the full measure of human rights and freedoms without distinctions or discriminations+ e' The "tate shall take measures, with the participation of the .33sC.4s concerned, to protect their rights and guarantee respect for their cultural integrity, and to ensure that members of the .33sC.4s benefit on an e;ual footing from the rights and opportunities which national laws and regulations grant to other members of the population and f' The "tate recogni0es its obligations to respond to the strong e#pression of the .33sC.4s for cultural integrity by assuring ma#imum .33C.4 participation in the direction of education, health, as well as other services of .33sC.4s, in order to render such services more responsive to the needs and desires of these communities. Towards these ends, the "tate shall institute and establish the necessary mechanisms to enforce and guarantee the reali0ation of these rights, taking into consideration their customs, traditions, values, beliefs, their rights to their ancestral domains. 3:-4T56 ll =5*.,.T.8, 8* T56(" "ec. A. -efinition of &erms *or purposes of this -ct, the following terms shall mean) a' Ancestral -omains "ub1ect to "ection B@ hereof, refer to all areas generally belonging to .33sC.4s comprising lands,inland waters, coastal areas, and natural resources therein, held under a claim of ownership, occupied or possessed by .33sC.4s, themselves or through their ancestors, communally or individually since time immemorial, continuously to the present e#cept when interrupted by war, force ma1eure or displacement by force, deceit, stealth or as a conse;uence of government pro1ects or any other voluntary dealings entered into by government and private individuals, corporations, and which are necessary to ensure their economic, social and cultural welfare. .t shall include ancestral land, forests, pasture, residential, agricultural, and other lands individually owned whether alienable and disposable or otherwise, hunting grounds, burial grounds, worship areas, bodies of water, mineral and other natural resources, and lands which may no longer be e#clusively occupied by .33sC.4s but from which their traditionally had access to for their subsistence and traditional activities, particularly the home ranges of .33sC.4s who are still nomadic andCor shifting cultivators+ b' Ancestral Lands "ub1ect to "ection B@ hereof, refers to land occupied, possessed and utili0ed by individuals, families and clans who are members of the .33sC.4s since time immemorial, by themselves or through their predecessorsin interest, under claims of individual or traditional group ownership,continuously, to the present e#cept when interrupted by war, force ma1eure or displacement by force, deceit, stealth, or as a conse;uence of government pro1ects and other voluntary dealings entered into by government and private individualsCcorporations, including, but not limited to, residential lots, rice terraces or paddies, private forests, swidden farms and tree lots+ c' $ertificate of Ancestral -omain &itle refers to a title formally recogni0ing the rights of possession and ownership of .33sC.4s over their ancestral domains identified and delineated in accordance with this law+ d' $ertificate of Ancestral Lands &itle + refers to a title formally recogni0ing the rights of .33sC.4s over their ancestral lands+ e' $ommunal $laims refer to claims on land, resources and rights thereon, belonging to the whole community within a defined territory f' $ustomar( Laws refer to a body of written andCor unwritten rules, usages, customs and practices traditionally and continually recogni0ed, accepted and observed by respective .33sC.4s+ g' 9ree and ,rior Informed $onsent + as used in this -ct shall mean the consensus of all members of the .33sC.4s to+ be determined in accordance with their respective customary laws and practices, free from any e#ternal manipulation, interference and coercion, and obtained after fully disclosing the intent and scope of the activity, in a language an process understandable to the community+ h' Indigenous $ultural $ommunities@Indigenous ,eoples + refer to a group of people or homogenous societies identified by selfascription and ascription by other, who have continuously lived as organi0ed community on communally bounded and defined territory, and who have, under claims of ownership since time immemorial, occupied, possessed customs, tradition and other distinctive cultural traits, or who have, through resistance to political, social and cultural inroads of coloni0ation, nonindigenous religions and culture, became historically differentiated from the ma1ority of *ilipinos. .33sC.4s shall likewise include peoples who are regarded as indigenous on account of their descent from the populations which inhabited the country, at the time of con;uest or coloni0ation, or at the time of inroads of nonindigenous religions and cultures, or the establishment of present state boundaries, who retain some or all of their own social, economic, cultural and political institutions, but who may have been displaced from their traditional domains or who may have resettled outside their ancestral domains+ i' Indigenous ,olitical 'tructure + refer to organi0ational and cultural leadership systems, institutions, relationships, patterns and processed for decisionmaking and participation, identified by .33sC.4s such as, but not limited to, 3ouncil of 5lders, 3ouncil of Timuays, Bodong :older, or any other tribunal or body of similar nature+ 1' Indi;idual $laims + refer to claims on land and rights thereon which have been devolved to individuals, families and clans including, but not limited to, residential lots, rice terraces or paddies and tree lots+ k' National $ommission on Indigenous ,eoples CN$I,D + refers to the office created under this -ct, which shall be under the 8ffice of the 4resident, and which shall be the primary government agency responsible for the formulation and implementation of policies, plans and programs to recogni0e, protect and promote the rights of .33sC.4s+ l' Nati;e &itle + refers to precon;uest rights to lands and domains which, as far back as memory reaches, have been held under a claim of private ownership by .33sC.4s, have never been public lands and are thus indisputably presumed to have been held that way since before the "panish 3on;uest+ m' Nongo;ernment 8rganiBation + refers to a private, nonprofit voluntary organi0ation that has been organi0ed primarily for the delivery of various services to the .33sC.4s and has an established track record for effectiveness and acceptability in the community where it serves+ n' ,eopleGs 8rganiBation + refers to a private, nonprofit voluntary organi0ation of members of an .33C.4 which is accepted as representative of such .33sC.4s+ o' 'ustaina)le &raditional 7esource 7ig%ts + refer to the rights of .33sC.4s to sustainably use,manage, protect and conserve a' land, air, water, and minerals+ b' plants, animals and other organisms+ c' collecting, fishing and hunting grounds+ d' sacred sites+ and e' other areas of economic, ceremonial and aesthetic value in accordance with their indigenous knowledge, beliefs, systems and practices+ and p' &ime Immemorial refers to a period of time when as far back as memory can go, certain .33sC.4s are known to have occupied, possessed in the concept of owner, and utili0ed a defined territory devolved to them, by operation of customary law or inherited from their ancestors, in accordance with their customs and traditions. 3:-4T56 ... 6.>:T" T8 -,35"T6-7 =8(-.," "ec. D. $oncept of Ancestral Lands@-omains -ncestral landsCdomains shall include such concepts of territories which cover not only the physical environment but the total environment including the spiritual and cultural bonds to the area which the .33sC.4s possess, occupy and use and to which they have claims of ownership. "ec. B. Indigenous $oncept of 8wners%ip+ .ndigenous concept of ownership sustains the view that ancestral domains and all resources found therein shall serve as the material bases of their cultural integrity. The indigenous concept of ownership generally holds that ancestral domains are the .332sC.42s private but community property which belongs to all generations and therefore cannot be sold, disposed or destroyed. .t likewise covers sustainable traditional resource rights. "ec. @. $omposition of Ancestral Lands@-omains+ -ncestral lands and domains shall consist of all areas generally belonging to .33sC.4s as referred under "ec. A, items !a' and !b' of this -ct. "ec. 7. 7ig%ts to Ancestral -omains+ The rights of ownership and possession of .33sC.4s t their ancestral domains shall be recogni0ed and protected. "uch rights shall include) a. 7ig%ts of 8wners%ip+ The right to claim ownership over lands, bodies of water traditionally and actually occupied by .33sC.4s, sacred places, traditional hunting and fishing grounds, and all improvements made by them at any time within the domains+ b. 7ig%t to -e;elop Lands and Natural 7esources "ub1ect to "ection B@ hereof, right to develop, control and use lands and territories traditionally occupied, owned, or used+ to manage and conserve natural resources within the territories and uphold the responsibilities for future generations+ to benefit and share the profits from allocation and utili0ation of the natural resources found therein+ the right to negotiate the terms and conditions for the e#ploration of natural resources in the areas for the purpose of ensuring ecological, environmental protection and the conservation measures, pursuant to national and customary laws+ the right to an informed and intelligent participation in the formulation and implementation of any pro1ect, government or private, that will affect or impact upon the ancestral domains and to receive 1ust and fair compensation for any damages which they sustain as a result of the pro1ect+ and the right to effective measures by the government to prevent any interfere with, alienation and encroachment upon these rights+ c. 7ig%t to 'ta( in t%e &erritories The right to stay in the territory and not be removed therefrom. ,o .33sC.4s will be relocated without their free and prior informed consent, nor through any means other than eminent domain. /here relocation is considered necessary as an e#ceptional measure, such relocation shall take place only with the free and prior informed consent of the .33sC.4s concerned and whenever possible, they shall be guaranteed the right to return to their ancestral domains, as soon as the grounds for relocation cease to e#ist. /hen such return is not possible, as determined by agreement or through appropriate procedures, .33sC.4s shall be provided in all possible cases with lands of ;uality and legal status at least e;ual to that of the land previously occupied by them, suitable to provide for their present needs and future development. 4ersons thus relocated shall likewise be fully compensated for any resulting loss or in1ury+ d. 7ig%t in $ase of -isplacement .n case displacement occurs as a result of natural catastrophes, the "tate shall endeavor to resettle the displaced .33sC.4s in suitable areas where they can have temporary life support system) 4rovided, That the displaced .33sC.4s shall have the right to return to their abandoned lands until such time that the normalcy and safety of such lands shall be determined) 4rovided, further, That should their ancestral domain cease to e#ist and normalcy and safety of the previous settlements are not possible, displaced .33sC.4s shall en1oy security of tenure over lands to which they have been resettled) 4rovided, furthermore, That basic services and livelihood shall be provided to them to ensure that their needs are ade;uately addressed) e. 7ig%t to 7egulate :ntr( of Migrants 6ight to regulate the entry of migrant settlers and organi0ations into the domains+ f. 7ig%t to 'afe and $lean Air and 1ater *or this purpose, the .33sC.4s shall have access to integrated systems for the management of their inland waters and air space+ g. 7ig%t to $laim ,arts of 7eser;ations The right to claim parts of the ancestral domains which have been reserved for various purposes, e#cept those reserved and intended for common and public welfare and service+ and h. 7ig%t to 7esol;e $onflict 6ight to resolve land conflicts in accordance with customary laws of the area where the land is located, and only in default thereof shall the complaints be submitted to amicable settlement and to the 3ourts of <ustice whenever necessary. "ec. ?. 7ig%ts to Ancestral Lands The right of ownership and possession of the .33sC.4s, to their ancestral lands shall be recogni0ed and protected. a. 7ig%t to transfer land@propert( "uch right shall include the right to transfer land or property rights toCamong members of the same .33sC.4s, sub1ect to customary laws and traditions of the community concerned. b. 7ig%t to 7edemption .n cases where it is shown that the transfer of landCproperty rights by virtue of any agreement or devise, to a nonmember of the concerned .33sC.4s is tainted by the vitiated consent of the .33sC.4s,or is transferred for an unconscionable consideration or price, the transferor .33C.4 shall have the right to redeem the same within a period not e#ceeding fifteen !$B' years from the date of transfer. "ec. %. 7esponsi)ilities of I$$s@I,s to t%eir Ancestral -omains .33sC.4s occupying a duly certified ancestral domain shall have the following responsibilities) a. (aintain 5cological Balance To preserve, restore, and maintain a balanced ecology in the ancestral domain by protecting the flora and fauna, watershed areas, and other reserves+ b. 6estore =enuded -reas To actively initiate, undertake and participate in the reforestation of denuded areas and other development programs and pro1ects sub1ect to 1ust and reasonable remuneration+ and c. 8bserve 7aws To observe and comply with the provisions of this -ct and the rules and regulations for its effective implementation. "ec. $&. Enaut%oriBed and Enlawful Intrusion Fnauthori0ed and unlawful intrusion upon, or use of any portion of the ancestral domain, or any violation of the rights herein before enumerated, shall be punishable under this law. *urthermore, the >overnment shall take measures to prevent non .33sC.4s from taking advantage of the .33sC.4s customs or lack of understanding of laws to secure ownership, possession of land belonging to said .33sC.4s. "ec. $$. 7ecognition of Ancestral -omain 7ig%ts The rights of .33sC.4s to their ancestral domains by virtue of ,ative Title shall be recogni0ed and respected. *ormal recognition, when solicited by .33sC.4s concerned, shall be embodied in a 3ertificate of -ncestral =omain Title !3-=T', which shall recogni0e the title of the concerned .33sC.4s over the territories identified and delineated. "ec. $9. 8ption to 'ecure $ertificate of &itle under $ommonwealt% Act 141/ as amended/ or t%e Land 7egistration Act 49" .ndividual members of cultural communities, with respect to individuallyowned ancestral lands who, by themselves or through their predecessorsin interest, have been in continuous possession and occupation of the same in the concept of owner since the immemorial or for a period of not less than thirty !A&' years immediately preceding the approval of this -ct and uncontested by the members of the same .33sC.4s shall have the option to secure title to their ancestral lands under the provisions of 3ommonwealth -ct $D$, as amended, or the 7and 6egistration -ct D%@. *or this purpose, said individuallyowned ancestral lands, which are agricultural in character and actually used for agricultural, residential, pasture, and tree farming purposes, including those with a slope of eighteen percent !$?N' or more, are hereby classified as alienable and disposable agricultural lands. The option granted under this "ection shall be e#ercised within twenty !9&' years from the approval of this -ct. 3:-4T56 .G 6.>:T T8 "57*>8G56,-,35 -,= 5(48/56(5,T "ec. $A. 'elf+>o;ernance. The "tate recogni0es the inherent right of .33sC.4s to selfgovernance and self determination and respects the integrity of their values, practices and institutions. 3onse;uently, the "tate shall guarantee the right of .33sC.4s to freely pursue their economic, social and cultural development. "ec. $D. 'upport for Autonomous 7egions The "tate shall continue to strengthen and support the autonomous regions created under the 3onstitution as they may re;uire or need. The "tate shall likewise encourage other .33sC.4s not included or outside (uslim (indanao and the 3ordillera to use the form and content of their ways of life as may be compatible with the fundamental rights defined in the 3onstitution of the 6epublic of the 4hilippines and other internationally recogni0ed human rights. "ec. $B. Austice '(stem/ $onflict 7esolution Institutions and ,eace Building ,rocesses The .33sC.4s shall have the right to use their own commonly accepted 1ustice systems, conflict resolution institutions, peace building processes or mechanisms and other customary laws and practices within their respective communities and as may be compatible with the national legal system and with internationally recogni0ed human rights. "ec. $@. 7ig%t to ,articipate in -ecision +Making .33sC.4s have the right to participate fully, if they so choose, at all levels of decisionmaking in matters which may affect their rights, lives and destinies through procedures determined by them as well as to maintain and develop their own indigenous political structures. 3onse;uently, the "tate shall ensure that the .33sC.4s shall be given mandatory representation in policymaking bodies and other local legislative councils. "ec. $7. 7ig%t to -etermine and -ecide ,riorities for -e;elopment The .33sC.4s shall have the right to determine and decide their own priorities for development affecting their lives, beliefs, institutions, spiritual wellbeing, and the lands they own, occupy or use. They shall participate in the formulation,implementation and evaluation of policies, plans and programs for national, regional and local development which may directly affect them. "ec. $?. &ri)al Baranga(s The .33sC.4s living in contiguous areas or communities where they form the predominant population but which are located in municipalities, provinces or cities where they do not constitute the ma1ority of the population, may form or constitute a separate barangay in accordance with the 7ocal >overnment 3ode on the creation of tribal barangays. "ec. $%. 7ole of ,eoples 8rganiBations The "tate shall recogni0e and respect the role of independent .33sC.4s organi0ations to enable the .33sC.4s to pursue and protect their legitimate and collective interests and aspirations through peaceful and lawful means. "ec. 9&. Means for -e;elopment @:mpowerment of I$$s@I,s The >overnment shall establish the means for the full developmentCempowerment of the .33sC.4s own institutions and initiatives and, where necessary, provide the resources needed therefor. 3:-4T56 G "83.-7 <F"T.35 -,= :F(-, 6.>:T" "ec. 9$. :2ual ,rotection and Non+discrimination of I$$s@I,s 3onsistent with the e;ual protection clause of the 3onstitution of the 6epublic of the 4hilippines, the 3harter of the Fnited ,ations, the Fniversal =eclaration of :uman 6ights including the 3onvention on the 5limination of =iscrimination -gainst /omen and .nternational :uman 6ights 7aw, the "tate shall, with due recognition of their distinct characteristics and identity, accord to the members of the .33sC.4s the rights, protections and privileges en1oyed by the rest of the citi0enry. .t shall e#tend to them the same employment rights, opportunities, basic services, educational and other rights and privileges available to every member of the society. -ccordingly, the "tate shall likewise ensure that the employment of any form of force of coersion against .33sC.4s shall be dealt with by law. The "tate shall ensure that the fundamental human rights and freedoms as enshrined in the 3onstitution and relevant international instruments are guaranteed also to indigenous women. Towards this end, no provision in this -ct shall be interpreted so as to result in the diminution of rights and privileges already recogni0ed and accorded to women under e#isting laws of general application. "ec. 99. 7ig%ts during Armed $onflict .33sC.4s have the right to special protection and security in periods of armed conflict. The "tate shall observe international standards, in particular, the *ourth >eneva 3onvention of $%D%, for the protection of civilian populations in circumstances of emergency and armed conflict, and shall not recruit members of the .33sC.4s against their will into armed forces, and in particular, for the use against other .33sC.4s+ not recruit children of .33sC.4s into the armed forces under any circumstance+ nor force indigenous individuals to abandon their lands, territories and means of subsistence, or relocate them in special centers for military purposes under any discriminatory condition. "ec. 9A. 9reedom from -iscrimination and 7ig%t to :2ual 8pportunit( and &reatment .t shall be the right of the .33sC.4s to be free from any form of discrimination, with respect to recruitment and conditions of employment, such that they may en1oy e;ual opportunities as other occupationallyrelated benefits, informed of their rights under e#isting labor legislation and of means available to them for redress, not sub1ect to any coercive recruitment systems, including bonded labor and other forms of debt servitude+ and e;ual treatment in employment for men and women, including the protection from se#ual harassment. Towards this end, the "tate shall within the framework of national laws and regulations, and in cooperation with the .33sC.4s concerned, adopt special measures to ensure the effective protection with regard to the recruitment and conditions of employment of persons belonging to these communities, to the e#tent that they are not effectively protected by the laws applicable to workers in general. .33sC.4s shall have the right to association and freedom for all trade union activities and the right to conclude collective bargaining agreements with employers2 conditions. They shall likewise have the right not to be sub1ect to working conditions ha0ardous to their health, particularly through e#posure to pesticides and other to#ic substances. "ec. 9D. Enlawful Acts ,ertaining to :mplo(ment .t shall be unlawful for any person) a. To discriminate against any .33C.4 with respect to the terms and conditions of employment on account of their descent. 5;ual remuneration shall be paid to .33C.4 and non.33C.4 for work of e;ual value+ and b. To deny any .33C.4 employee any right or benefit herein provided for or to discharge them for the purpose of preventing them from en1oying any of the rights or benefits provided under this -ct. "ec. 9B. Basic 'er;ices The .33C.4 have the right to special measures for the immediate, effective and continuing improvement of their economic and social conditions, including in the areas of employment, vocational training and retraining, housing, sanitation, health and social security. 4articular attention shall be paid to the rights and special needs of indigenous women, elderly, youth, children and differentlyabled persons. -ccordingly, the "tate shall guarantee the right of .33sC.4s to government 2s basic services which shall include, but not limited to water and electrical facilities, education, health and infrastructure. "ec. 9@. 1omen .33C.4 women shall en1oy e;ual rights and opportunities with men, as regards the social, economic, political and cultural spheres of life. The participation of indigenous women in the decisionmaking process in all levels, as well as in the development of society, shall be given due respect and recognition. The "tate shall provide full access to education, maternal and child care, health and nutrition, and housing services to indigenous women. Gocational, technical, professional and other forms of training shall be provided to enable these women to fully participate in all aspects of social life. -s far as possible, the "tate shall ensure that indigenous women have access to all services in their own languages. "ec. 97. $%ildren and Hout% The "tate shall recogni0e the vital role of the children and youth of .33sC.4s in nationbuilding and shall promote and protect their physical, moral, spiritual, moral, spiritual, intellectual and social wellbeing. Towards this end, the "tate shall support all government programs intended for the development and rearing of the children and youth of .33sC.4s for civic efficiency and establish such mechanisms as may be necessary for the protection of the rights of the indigenous children and youth. "ec. 9?. Integrated '(stem of :ducation The "tate shall, through the ,3.4, provide a complete, ade;uate and integrated system of education, relevant to the needs of the children and Toung people of .33sC.4s. 3:-4T56 G. 3F7TF6-7 .,T5>6.TT "ec. 9%. ,rotection of Indigenous $ulture/ traditions and institutions The state shall respect, recogni0e and protect the right of the .33sC.4s to preserve and protect their culture, traditions and institutions. .t shall consider these rights in the formulation of national plans and policies. "ec. A&. :ducational '(stems The "tate shall provide e;ual access to various cultural opportunities to the .33sC.4s through the educational system, public or cultural entities, scholarships, grants and other incentives without pre1udice to their right to establish and control their educational systems and institutions by providing education in their own language, in a manner appropriate to their cultural methods of teaching and learning. .ndigenous childrenCyouth shall have the right to all levels and forms of education of the "tate. "ec. A$. 7ecognition of $ultural -i;ersit(+ The "tate shall endeavor to have the dignity and diversity of the cultures, traditions, histories and aspirations of the .33sC.4s appropriately reflected in all forms of education, public information and cultural educational e#change. 3onse;uently, the "tate shall take effective measures, in consultation with .33sC.4s concerned, to eliminate pre1udice and discrimination and to promote tolerance, understanding and good relations among .33sC.4s and all segments of society. *urthermore, the >overnment shall take effective measures to ensure that "tateowned media duly reflect indigenous cultural diversity. The "tate shall likewise ensure the participation of appropriate indigenous leaders in schools, communities and international cooperative undertakings like festivals, conferences, seminars and workshops to promote and enhance their distinctive heritage and values. "ec. A9. $ommunit( Intellectual 7ig%ts+ .33sC.4s have the right to practice and revitali0e their own cultural traditions and customs. The "tate shall preserve, protect and develop the past, present and future manifestations of their cultures as well as the right to the restitution of cultural, intellectual, religious, and spiritual property taken without their free and prior informed consent or in violation of their laws, traditions and customs. "ec. AA. 7ig%ts to 7eligious/ $ultural 'ites and $eremonies .33sC.4s shall have the right to manifest, practice, develop teach their spiritual and religious traditions, customs and ceremonies+ the right to maintain, protect and have access to their religious and cultural sites+ the right to use and control of ceremonial ob1ect+ and the right to the repatriation of human remains. -ccordingly, the "tate shall take effective measures, in cooperation with the burial sites, be preserved, respected and protected. To achieve this purpose, it shall be unlawful to) a. 5#plore, e#cavate or make diggings on archeological sites of the .33sC.4s for the purpose of obtaining materials of cultural values without the free and prior informed consent of the community concerned+ and b. =eface, remove or otherwise destroy artifacts which are of great importance to the .33sC.4s for the preservation of their cultural heritage. "ec. AD. 7ig%t to Indigenous Inowledge '(stems and ,ractices and to -e;elop own 'ciences and &ec%nologies .33sC.4s are entitled to the recognition of the full ownership and control and protection of their cultural and intellectual rights. They shall have the right to special measures to control, develop and protect their sciences, technologies and cultural manifestations, including human and other genetic resources, seeds, including derivatives of these resources, traditional medicines and health practices, vital medicinal plants, animals and minerals, indigenous knowledge systems and practices, knowledge of the properties of fauna and flora, oral traditions, literature, designs, and visual and performing arts. "ec. AB. Access to Biological and >enetic 7esources -ccess to biological and genetic resources and to indigenous knowledge related to the conservation, utili0ation and enhancement of these resources, shall be allowed within ancestral lands and domains of the .33sC.4s only with a free and prior informed consent of such communities, obtained in accordance with customary laws of the concerned community. "ec. A@. 'ustaina)le Agro+&ec%nical -e;elopment The "tate shall recogni0e the right of .33sC.4s to a sustainable agrotechnological development and shall formulate and implement programs of action for its effective implementation. The "tate shall likewise promote the biogenetic and resource management systems among the .33sC.4s and shall encourage cooperation among government agencies to ensure the successful sustainable development of .33sC.4s. "ec. A7. 9unds for Arc%eological and 5istorical 'ites + The .33sC.4s shall have the right to receive from the national government all funds especially earmarked or allocated for the management and preservation of their archeological and historical sites and artifacts with the financial and technical support of the national government agencies. 3:-4T56 G.. ,-T.8,-7 38((."".8, 8, .,=.>5,8F" 458475" !,3.4' "ec. A?. National $ommission on Indigenous $ultural $ommunities @Indigenous ,eoples CN$$,D to carry out the policies herein set forth, there shall be created the ,ational 3ommission on .33sC.4s !,3.4', which shall be the primary government agency responsible for the formulation and implementation of policies, plans and programs to promote and protect the rights and wellbeing of the .33sC.4s and the recognition of their ancestral domains as well as their rights thereto. "ec. A%. Mandate The ,3.4 shall protect and promote the interest and wellbeing of the .33sC.4s with due regard to their beliefs, customs, traditions and institutions. "ec. D&. $omposition The ,3.4 shall be an independent agency under the 8ffice of the 4resident and shall be composed of seven !7' 3ommissioners belonging to .33sC.4s, one !$' of whom shall be the 3hairperson. The 3ommissioners shall be appointed by the 4resident of the 4hilippines from a list of recommendees submitted by authentic .33sC.4s) 4rovided, That the seven !7' 3ommissioners shall be appointed specifically from each of the following ethnographic areas) 6egion . and the 3ordilleras+ 6egion ..+ the rest of 7u0on+ .sland >roups including (indoro, 4alawan, 6omblon, 4anay and the rest of the Gisayas+ ,orthern and /estern (indanao+ "outhern and 5astern (indanao+ and 3entral (indanao) 4rovided, That at least two !9' of the seven !7' 3ommissioners shall be women. "ec. D$. <ualifications/ &enure/ $ompensation The 3hairperson and the si# !@' 3ommissioners must be natural born *ilipino citi0ens, bonafide members of .33sC.4s as certified by hisCher tribe, e#perienced in ethnic affairs and who have worked for at least ten !$&' years with an .33C.4 community andCor any government agency involved in .33C.4, at least AB years of age at the time of appointment, and must be of proven honesty and integrity) 4rovided, That at least two !9' of the seven !7' 3ommissioners shall be the members of the 4hilippine Bar) 4rovided, further, That the members of the ,3.4 shall hold office for a period of three !A' years, and may be sub1ect to re appointment for another term) 4rovided, furthermore, That no person shall serve for more than two !9' terms. -ppointment to any vacancy shall only be for the une#pired term of the predecessor and in no case shall a member be appointed or designated in a temporary or acting capacity) 4rovided, finally, That the 3hairperson and the 3ommissioners shall be entitled to compensation in accordance with the "alary "tandardi0ation 7aw. "ec. D9. 7emo;al from 8ffice -ny member of the ,3.4 may be removed from office by the 4resident, on his own initiative or upon recommendation by any indigenous community, before the e#piration of his term for cause and after complying with due process re;uirement of law. "ec. DA. Appointment of $ommissioners The 4resident shall appoint the seven !7' 3ommissioners of the ,3.4 within ninety !%&' days from the effectivity of this -ct. "ec. DD. ,owers and 9unctions To accomplish its mandate, the ,3.4 shall have the following powers, 1urisdiction and function) a' To serve as the primary government agency through which .33sC.4s can seek government assistance and as the medium, thorough which such assistance may be e#tended+ b' To review and assess the conditions of .33sC.4s including e#isting laws and policies pertinent thereto and to propose relevant laws and policies to address their role in national development+ c' To formulate and implement policies, plans, programs and pro1ects for the economic, social and cultural development of the .33sC.4s and to monitor the implementation thereof+ d' To re;uest and engage the services and support of e#perts from other agencies of government or employ private e#perts and consultants as may be re;uired in the pursuit of its ob1ectives+ e' To issue certificate of ancestral landCdomain title+ f' "ub1ect to e#isting laws, to enter into contracts, agreements, or arrangement, with government or private agencies or entities as may be necessary to attain the ob1ectives of this -ct, and sub1ect to the approval of the 4resident, to obtain loans from government lending institutions and other lending institutions to finance its programs+ g' To negotiate for funds and to accept grants, donations, gifts andCor properties in whatever form and from whatever source, local and international, sub1ect to the approval of the 4resident of the 4hilippines, for the benefit of .33sC.4s and administer the same in accordance with the terms thereof+ or in the absence of any condition, in such manner consistent with the interest of .33sC.4s as well as e#isting laws+ h' To coordinate development programs and pro1ects for the advancement of the .33sC.4s and to oversee the proper implementation thereof+ i' To convene periodic conventions or assemblies of .4s to review, assess as well as propose policies or plans+ 1' To advise the 4resident of the 4hilippines on all matters relating to the .33sC.4s and to submit within si#ty !@&' days after the close of each calendar year, a report of its operations and achievements+ k' To submit to 3ongress appropriate legislative proposals intended to carry out the policies under this -ct+ l' To prepare and submit the appropriate budget to the 8ffice of the 4resident+ m' To issue appropriate certification as a pre condition to the grant of permit, lease, grant, or any other similar authority for the disposition, utili0ation, management and appropriation by any private individual, corporate entity or any government agency, corporation or subdivision thereof on any part or portion of the ancestral domain taking into consideration the consensus approval of the .33sC.4s concerned+ n' To decide all appeals from the decisions and acts of all the various offices within the 3ommission) o' To promulgate the necessary rules and regulations for the implementation of this -ct+ p' To e#ercise such other powers and functions as may be directed by the 4resident of the 6epublic of the 4hilippines+ and ;' To represent the 4hilippine .33sC.4s in all international conferences and conventions dealing with indigenous peoples and other related concerns. "ec. DB. Accessi)ilit( and &ransparenc( "ub1ect to such limitations as may be provided by law or by rules and regulations promulgated pursuant thereto, all official records, documents and papers pertaining to official acts, transactions or decisions, as well as research data used as basis for policy development of the 3ommission shall be made accessible to the public. "ec.D@. 8fficers wit%in t%e N$I,. The ,3.4 shall have the following offices which shall be responsible for the implementation of the policies herein after provided) a. Ancestral -omains 8ffice The -ncestral =omain 8ffice shall be responsible for the identification, delineation and recognition of ancestral landCdomains. .t shall also be responsible for the management of ancestral landsCdomains in accordance with the master plans as well as the implementation of the ancestral domain rights of the .33sC.4s as provided in 3hapter ... of this -ct. .t shall also issue, upon the free and prior informed consent of the .33sC.4s concerned, certification prior to the grant of any license, lease or permit for the e#ploitation of natural resources affecting the interests of .33sC.4s in protecting the territorial integrity of all ancestral domains. .t shall likewise perform such other functions as the 3ommission may deem appropriate and necessary+ b. 8ffice on ,olic(/ ,lanning and 7esearc% + The 8ffice on 4olicy, 4lanning and 6esearch shall be responsible for the formulation of appropriate policies and programs for .33sC.4s such as, but not limited to, the development of a *iveTear (aster 4lan for the .33sC.4s. "uch plan shall undergo a process such that every five years, the 3ommission shall endeavor to assess the plan and make ramifications in accordance with the changing situations. The 8ffice shall also undertake the documentation of customary law and shall establish and maintain a 6esearch 3enter that would serve as a depository of ethnographic information for monitoring, evaluation and policy formulation. .t shall assist the legislative branch of the national government in the formulation of appropriate legislation benefiting .33sC.4s. c. 8ffice of :ducation/ $ulture and 5ealt% The 8ffice on 3ulture, 5ducation and :ealth shall be responsible for the effective implementation of the education, cultural and related rights as provided in this -ct. .t shall assist, promote and support community schools, both formal and nonformal, for the benefit of the local indigenous community, especially in areas where e#isting educational facilities are not accessible to members of the indigenous group. .t shall administer all scholarship programs and other educational rights intended for .33C.4 beneficiaries in coordination with the =epartment of 5ducation, 3ulture and "ports and the 3ommission on :igher 5ducation. .t shall undertake, within the limits of available appropriation, a special program which includes language and vocational training, public health and family assistance program and related sub1ects. .t shall also identify .33sC.4s with potential training in the health profession and encourage and assist them to enroll in schools of medicine, nursing, physical therapy and other allied courses pertaining to the health profession. Towards this end, the ,3.4 shall deploy a representative in each of the said offices who shall personally perform the foregoing task and who shall receive complaints from the .33sC.4s and compel action from appropriate agency. .t shall also monitor the activities of the ,ational (useum and other similar government agencies generally intended to manage and preserve historical and archeological artifacts of the .33s C.4s and shall be responsible for the implementation of such other functions as the ,3.4 may deem appropriate and necessary+ d. 8ffice on 'ocio+:conomic 'er;ices and 'pecial $oncerns The 8ffice on "ocio5conomic "ervices and "pecial 3oncerns shall serve as the 8ffice through which the ,3.4 shall coordinate with pertinent government agencies specially charged with the implementation of various basic socio economic services, policies, plans and programs affecting the .33sC.4s to ensure that the same are properly and directly en1oyed by them. .t shall also be responsible for such other functions as the ,3.4 may deem appropriate and necessary+ e. 8ffice of :mpowerment and 5uman 7ig%ts The 8ffice of 5mpowerment and :uman 6ights shall ensure that indigenous socio political, cultural and economic rights are respected and recogni0ed. .t shall ensure that capacity building mechanisms are instituted and .33sC.4s are afforded every opportunity, if they so choose, to participate in all level decisionmaking. .t shall likewise ensure that the basic human rights, and such other rights as the ,3.4 may determine, sub1ect to e#isting laws, rules and regulations are protected and promoted+ f. Administrati;e 8ffice + The -dministrative 8ffice shall provide the ,3.4 with economical, efficient and effective services pertaining to personnel, finance, records, e;uipment, security, supplies, and related services. .t shall also administer the -ncestral =omains *und+ and g. Legal Affairs 8ffice There shall be a 7egal -ffairs 8ffice which shall advice the ,3.4 on all legal matters concerning .33sC.4s and which shall be responsible for providing .33sC.4s with legal assistance in litigation involving community interest. .t shall conduct preliminary investigation on the basis of complaints filed by the .33sC.4s against a natural or 1uridical person believed to have violated .33sC.4s rights. 8n the basis of its findings, it shall initiate the filing of appropriate legal or administrative action to the ,3.4. "ec. D7. 8t%er 8ffices The ,3.4 shall have the power to create additional offices as it may deem necessary sub1ect to e#isting rules and regulations. "ec. D?. 7egional and 9ield 8ffices 5#isting regional and field offices shall remain to function under the strengthened organi0ational structure of the ,3.4. 8ther field office shall be created wherever appropriate and the staffing pattern thereof shall be determined by the ,3.4) 4rovided, That in provinces where there are .33sC.4s but without field offices, the ,3.4 shall establish field offices in said provinces. "ec. D%. 8ffice of t%e :=ecuti;e -irector+ The ,3.4 shall create the 8ffice of the 5#ecutive =irector which shall serve as its secretariat. The office shall be headed by an 5#ecutive =irector who shall be appointed by the 4resident of the 6epublic of the 4hilippines upon the recommendation of the ,3.4 on a permanent basis. The staffing pattern of the office shall be determined by the ,3.4 sub1ect to e#isting rules and regulations. "ec. B&. $onsultati;e Bod(+ - body consisting of the traditional leaders, elders and representatives from the women and youth sectors of the different .33sC.4s shall be constituted by the ,3.4 from the time to time to advise it on matters relating to the problems, aspirations and interests of the .33sC.4s. 3:-4T56 G... =57.,5-T.8, -,= 6538>,.T.8, 8* -,35"T6-7 =8(-.," "ec. B$. -elineation and 7ecognition of Ancestral -omains "elfdelineation shall be guiding principle in the identification and delineation of ancestral domains. -s such, the .33sC.4s concerned shall have a decisive role in all the activities pertinent thereto. The "worn "tatement of the 5lders as to the "cope of the territories and agreementsCpacts made with neighboring .33sC.4s, if any, will be essential to the determination of these traditional territories. The >overnment shall take the necessary steps to identify lands which the .33sC.4s concerned traditionally occupy and guarantee effective protection of their rights of ownership and possession thereto. (easures shall be taken in appropriate cases to safeguard the rights of the .33sC.4s concerned to land which may no longer be e#clusively occupied by them, but to which they have traditionally had access for their subsistence and traditional activities, particularly of .33sC.4s who are still nomadic andCor shifting cultivators. "ec. B9. -elineation ,rocess The identification and delineation of ancestral domains shall be done in accordance with the following procedures) a. Ancestral -omains -elineated ,rior to t%is Act The provisions hereunder shall not apply to ancestral domainsClands already delineated according to =5,6 -dministrative 8rder ,o. 9, series of $%%A, nor to ancestral lands and domains delineated under any other communityCancestral domain program prior to the enactment of his law. .33sC.4s enactment of this law shall have the right to apply for the issuance of a 3ertificate of -ncestral =omain Title !3-=T' over the area without going through the process outlined hereunder+ b. ,etition for -elineation The process of delineating a specific perimeter may be initiated by the ,3.4 with the consent of the .33C.4 concerned, or through a 4etition for =elineation filed with the ,3.4, by a ma1ority of the members of the .33sC.4s+ c. -elineation ,aper The official delineation of ancestral domain boundaries including census of all community members therein, shall be immediately undertaken by the -ncestral =omains 8ffice upon filing of the application by the .33sC.4s concerned. =elineation will be done in coordination with the community concerned and shall at all times include genuine involvement and participation by the members of the communities concerned+ d. ,roof re2uired 4roof of -ncestral =omain 3laims shall include the testimony of elders or community under oath, and other documents directly or indirectly attesting to the possession or occupation of the area since time immemorial by such .33sC.4s in the concept of owners which shall be any one !$' of the following authentic documents)
$. /ritten accounts of the .33sC.4s customs and traditions+ 9. /ritten accounts of the .33sC.4s political structure and institution+ A. 4ictures showing long term occupation such as those of old improvements, burial grounds, sacred places and old villages+ D. :istorical accounts, including pacts and agreements concerning boundaries entered into by the .33sC.4s concerned with other .33sC.4s+ B. "urvey plans and sketch maps+ @. -nthropological data+ 7. >enealogical surveys+ ?. 4ictures and descriptive histories of traditional communal forests and hunting grounds+ %. 4ictures and descriptive histories of traditional landmarks such as mountains, rivers, creeks, ridges, hills, terraces and the like+ and $&. /riteups of names and places derived from the native dialect of the community. e. ,reparation of Maps 8n the basis of such investigation and the findings of fact based thereon, the -ncestral =omains 8ffice of the ,3.4 shall prepare a perimeter map, complete with technical descriptions, and a description of the natural features and landmarks embraced therein+ f. 7eport of In;estigation and 8t%er -ocuments - complete copy of the preliminary census and a report of investigation, shall be prepared by the -ncestral =omains 8ffice of the ,3.4+ g. Notice and ,u)lication - copy of each document, including a translation in the native language of the .33sC.4s concerned shall be posted in a prominent place therein for at least fifteen !$B' days. - copy of the document shall also be posted at the local, provincial and regional offices of the ,3.4, and shall be published in a newspaper of general circulation once a week for two !9' consecutive weeks to allow other claimants to file opposition thereto within fifteen !$B' days from the date of such publication) 4rovided, That in areas where no such newspaper e#ists, broadcasting in a radio station will be a valid substitute) 4rovided, further, That mere posting shall be deemed sufficient if both newspaper and radio station are not available+ h. :ndorsement to N$I, + /ithin fifteen !$B' days from publication, and of the inspection process, the -ncestral =omains 8ffice shall prepare a report to the ,3.4 endorsing a favorable action upon a claim that is deemed to have sufficient proof. :owever, if the proof is deemed insufficient, the -ncestral =omains 8ffice shall re;uire the submission of additional evidence) 4rovided, That the -ncestral =omains 8ffice shall re1ect any claim that is deemed patently false or fraudulent after inspection and verification) 4rovided, further, That in case of re1ection, the -ncestral =omains 8ffice shall give the applicant due notice, copy furnished all concerned, containing the grounds for denial. The denial shall be appealable to the ,3.4) 4rovided, furthermore, That in cases where there are conflicting claims, the -ncestral =omains 8ffice shall cause the contending parties to meet and assist them in coming up with a preliminary resolution of the conflict, without pre1udice to its full ad1udication according to the selection below. i. &urno;er of Areas 1it%in Ancestral -omains Managed )( 8t%er >o;ernment Agencies The 3hairperson of the ,3.4 shall certify that the area covered is an ancestral domain. The secretaries of the =epartment of -grarian 6eform, =epartment of 5nvironment and ,atural 6esources, =epartment of the .nterior and 7ocal >overnment, and =epartment of <ustice, the 3ommissioner of the ,ational =evelopment 3orporation, and any other government agency claiming 1urisdiction over the area shall be notified thereof. "uch notification shall terminate any legal basis for the 1urisdiction previously claimed+ 1. Issuance of $A-& .33sC.4s whose ancestral domains have been officially delineated and determined by the ,3.4 shall be issued a 3-=T in the name of the community concerned, containing a list of all those identified in the census+ and k. 7egistration of $A-&s The ,3.4 shall register issued certificates of ancestral domain titles and certificates of ancestral lands titles before the 6egister of =eeds in the place where the property is situated. "ec. BA. Identification/ -elineation and $ertification of Ancestral Lands+ a. The allocation of lands within any ancestral domain to individual or indigenous corporate !family or clan' claimants shall be left to the .33sC.4s concerned to decide in accordance with customs and traditions+ b. .ndividual and indigenous corporate claimants of ancestral lands which are not within ancestral domains, may have their claims officially established by filing applications for the identification and delineation of their claims with the -ncestral =omains 8ffice. -n individual or recogni0ed head of a family or clan may file such application in his behalf or in behalf of his family or clan, respectively+ c. 4roofs of such claims shall accompany the application form which shall include the testimony under oath of elders of the community and other documents directly or indirectly attesting to the possession or occupation of the areas since time immemorial by the individual or corporate claimants in the concept of owners which shall be any of the authentic documents enumerated under "ec. B9 !d' of this act, including ta# declarations and proofs of payment of ta#es+ d. The -ncestral =omains 8ffice may re;uire from each ancestral claimant the submission of such other documents, "worn "tatements and the like, which in its opinion, may shed light on the veracity of the contents of the applicationCclaim+ e. Fpon receipt of the applications for delineation and recognition of ancestral land claims, the -ncestral =omains 8ffice shall cause the publication of the application and a copy of each document submitted including a translation in the native language of the .33sC.4s concerned in a prominent place therein for at least fifteen !$B' days. - copy of the document shall also be posted at the local, provincial, and regional offices of the ,3.4 and shall be published in a newspaper of general circulation once a week for two !9' consecutive weeks to allow other claimants to file opposition thereto within fifteen !$B' days from the date of such publication) 4rovided, That in areas where no such newspaper e#ists, broadcasting in a radio station will be a valid substitute) 4rovided, further, That mere posting shall be deemed sufficient if both newspapers and radio station are not available f. *ifteen !$B' days after such publication, the -ncestral =omains 8ffice shall investigate and inspect each application, and if found to be meritorious, shall cause a parcellary survey of the area being claimed. The -ncestral =omains office shall re1ect any claim that is deemed patently false or fraudulent after inspection and verification. .n case of re1ection, the -ncestral =omains office shall give the applicant due notice, copy furnished all concerned, containing the grounds for denial. The denial shall be appealable to the ,3.4. .n case of conflicting claims among individual or indigenous corporate claimants, the -ncestral domains 8ffice shall cause the contending parties to meet and assist them in coming up with a preliminary resolution of the conflict, without pre1udice to its full ad1udication according to "ec. @9 of this -ct. .n all proceedings for the identification or delineation of the ancestral domains as herein provided, the =irector of 7ands shall represent the interest of the 6epublic of the 4hilippines+ and g. The -ncestral =omains 8ffice shall prepare and submit a report on each and every application surveyed and delineated to the ,3.4, which shall, in turn, evaluate or corporate !family or clan' claimant over ancestral lands. "ec. BD. 9raudulent $laims The -ncestral =omains 8ffice may, upon written re;uest from the .33sC.4s, review e#isting claims which have been fraudulently ac;uired by any person or community. -ny claim found to be fraudulently ac;uired by, and issued to, any person or community may be cancelled by the ,3.4 after due notice and hearing of all parties concerned. "ec. BB. $ommunal 7ig%ts "ub1ect to "ection B@ hereof, areas within the ancestral domains, whether delineated or not, shall be presumed to be communally held) 4rovide, That communal rights under this -ct shall not be construed as coownership as provided in 6epublic -ct. ,o. A?@, otherwise known as the ,ew 3ivil 3ode. "ec. B@. :=isting ,ropert( 7ig%ts 7egimes. 4roperty rights within the ancestral domains already e#isting andCor vested upon effectivity of this -ct, shall be recogni0ed and respected. "ec. B7. Natural 7esources wit%in Ancestral -omains+ The .33sC.4s shall have the priority rights in the harvesting, e#traction, development or e#ploitation of any natural resources within the ancestral domains. - nonmember of the .33sC.4s concerned may be allowed to take part in the development and utili0ation of the natural resources for a period of not e#ceeding twentyfive !9B' years renewable for not more than twentyfive !9B' years) 4rovided, That a formal and written agreement is entered into with the .33sC.4s concerned or that the community, pursuant to its own decision making process, has agreed to allow such operation) 4rovided, finally, That the all e#tractions shall be used to facilitate the development and improvement of the ancestral domains. "ec. B?. :n;ironmental $onsideration -ncestral domains or portion thereof, which are found necessary for critical watersheds, mangroves wildlife sanctuaries, wilderness, protected areas, forest cover, or reforestation as determined by the appropriate agencies with the full participation of the .33sC.4s concerned shall be maintained, managed and developed for such purposes. The .33sC.4s concerned shall be given the responsibility to maintain, develop, protect and conserve such areas with the full and effective assistance of the government agencies. "hould the .33sC.4s decide to transfer the responsibility over the areas, said decision must be made in writing. The consent of the .33sC.4s should be arrived at in accordance with its customary laws without pre1udice to the basic re;uirement of the e#isting laws on free and prior informed consent) 4rovided, That the transfer shall be temporary and will ultimately revert to the .33sC.4s in accordance with a program for technology transfer) 4rovided, further, That no .33sC.4s shall be displaced or relocated for the purpose enumerated under this section without the written consent of the specific persons authori0ed to give consent. "ec. B%. $ertification ,recondition. all department and other governmental agencies shall henceforth be strictly en1oined from issuing, renewing, or granting any concession, license or lease, or entering into any productionsharing agreement, without prior certification from the ,3.4 that the area affected does not overlap with any ancestral domain. "uch certificate shall only be issued after a fieldbased investigation is conducted by the -ncestral =omain 8ffice of the area concerned) 4rovided, That no certificate shall be issued by the ,3.4 without the free and prior informed and written consent of the .33sC.4s concerned) 4rovided, further, That no department, government agency or government owned or controlled corporation may issue new concession, license, lease, or production sharing agreement while there is pending application 3-=T) 4rovided, finally, That the .33sC.4s shall have the right to stop or suspend, in accordance with this -ct, any pro1ect that has not satisfied the re;uirement of this consultation process. "ec.@&. :=emption from &a=es. -ll lands certified to be ancestral domains shall be e#empt from real property ta#es, specially levies, and other forms of e#action e#cept such portion of the ancestral domains as are actually used for largescale agriculture, commercial forest plantation and residential purposes and upon titling by other by private person) 4rovided, that all e#actions shall be used to facilitate the development and improvement of the ancestral domains. "ec. @$. &emporar( 7e2uisition ,owers 4rior to the establishment of an institutional surveying capacity whereby it can effectively fulfill its mandate, but in no case beyond three !A' years after its creation, the ,3.4 is hereby authori0ed to re;uest the =epartment of 5nvironment and ,atural 6esources !=5,6' survey teams as well as other e;ually capable private survey teams, through a (emorandum of -greement !(8-', to delineate ancestral domain perimeters. The =5,6 "ecretary shall accommodate any such re;uest within one !$' month of its issuance) 4rovided, That the (emorandum of -greement shall stipulate, among others, a provision for technology transfer to the ,3.4. "ec. @9. 7esolution of $onflicts .n cases of conflicting interest, where there are adverse claims within the ancestral domains as delineated in the survey plan, and which cannot be resolved, the ,3.4 shall hear and decide, after notice to the proper parties, the disputes arising from the delineation of such ancestral domains) 4rovided, That if the dispute is between andCor among .33sC.4s regarding the traditional boundaries of their respective ancestral domains, customary process shall be followed. The ,3.4 shall promulgate the necessary rules and regulations to carry out its ad1udicatory functions) 4rovided, further, That in any decision, order, award or ruling of the ,3.4 on any ancestral domain dispute or on any matter pertaining to the application, implementation, enforcement and interpretation of this -ct may be brought for 4etition for 6eview to the 3ourt of -ppeals within fifteen !$B' days from receipt of a copy thereof. "ec. @A. Applica)le Laws 3ustomary laws, traditions and practices of the .33sC.4s of the land where the conflict arises shall be applied first with respect to property rights, claims and ownerships, hereditary succession and settlement of land disputes. -ny doubt or ambiguity in the application of laws shall be resolved in favor of the .33sC.4s. "ec. @D. 7emedial Measures 5#propriation may be resorted to in the resolution of conflicts of interest following the principle of the Icommon goodI. The ,3.4 shall take appropriate legal action for the cancellation of officially documented titles which were ac;uired illegally) 4rovided, That such procedure shall ensure that the rights of possessors in good faith shall be respected) 4rovided, further, That the action for cancellation shall be initiated within two !9' years from the effectivity of this -ct) 4rovided, finally, That the action for reconveyance shall be a period of ten !$&' years in accordance with e#isting laws. 3:-4T56 .M <F6."=.3T.8, -,= 46835=F65" *86 5,*8635(5,T 8* 6.>:T"
"ec. @B. ,rimar( of $ustomar( Laws and ,ractices /hen disputes involve .33sC.4s, customary laws and practices shall be used to resolve the dispute. "ec. @@. Aurisdiction of t%e N$I, The ,3.4, through its regional offices, shall have 1urisdiction over all claims and disputes involving rights of .33sC.4s+ 4rovided, however, That no such dispute shall be brought to the ,3.4 unless the parties have e#hausted all remedies provided under their customary laws. *or this purpose, a certification shall be issued by the 3ouncil of 5ldersC7eaders who participated in the attempt to settle the dispute that the same has not been resolved, which certification shall be a condition precedent to the filing of a petition with the ,3.4. "ec. @7. Appeals to t%e $ourt of Appeals =ecisions of the ,3.4 shall be appealable to the 3ourt of -ppeals by way of a petition for review. "ec. @?. :=ecution of -ecisions/ Awards/ 8rders+ Fpon e#piration of the period here provided and no appeal is perfected by any of the contending parties, the :earing 8fficer of the ,3.4, on its own initiative or upon motion by the prevailing party, shall issue a writ of e#ecution re;uiring the sheriff or the proper officer to e#ecute final decisions, orders or awards of the 6egional :earing 8fficer of the ,3.4. "ec. @%. <uasi+Audicial ,owers of t%e N$I,+ The ,3.4 shall have the power and authority) a. To promulgate rules and regulations governing the hearing and disposition of cases filed before it as well as those pertaining to its internal functions and such rules and regulations as may be necessary to carry out the purposes of this -ct+ b. To administer oaths, summon the parties to a controversy, issue subpoenas re;uiring the attendance and testimony of witnesses or the production of such books, papers, contracts, records, agreements and other document of similar nature as may be material to a 1ust determination of the matter under investigation or hearing conducted in pursuance of this -ct+ c. To hold any person in contempt, directly or indirectly, and impose appropriate penalties therefor+ and d. To en1oin any or all acts involving or arising from any case pending therefore it which, if not restrained forthwith, may cause grave or irreparable damage to any of the parties to the case or seriously affect social or economic activity. "ec. 7&. ,o restraining 8rder or 4reliminary .n1unction ,o inferior court of the 4hilippines shall have the 1urisdiction to issue any restraining order or writ of preliminary in1unction against the ,3.4 or any of its duly authori0ed or designated offices in any case, dispute or controversy to, or interpretation of this -ct and other pertinent laws relating to .33sC.4s and ancestral domains. 3:-4T56 .M -,35"T6-7 =8(-.," *F,=
"ec. 7$. Ancestral -omains 9und+ There is hereby created a special fund, to be known as the -ncestral =omains *und, an initial amount of the 8ne :undred thirty million pesos!4$A&,&&&,&&&' to cover compensation for e#propriated lands, delineation and development of ancestral domains. -n amount of *ifty million pesos !4B&,&&&,&&&' shall be sourced from the gross income of the 4hilippine 3harity "weepstakes 8ffice !43"8' from its lotto operation, Ten millions pesos !4$&,&&&,&&&' from the gross receipts of the travel ta# of the preceding year, the fund of the "ocial 6eform 3ouncil intended for survey and delineation of ancestral landsCdomains, and such other source as the government may be deem appropriate. Thereafter such amount shall be included in the annual >eneral -ppropriations -ct. *oreign as well as local funds which are made available for the .33sC.4s through the government of the 4hilippines shall be coursed through the ,3.4. The ,3.4 may also solicit and receive donations, endowments shall be e#empted from income or gift ta#es and all other ta#es, charges or fees imposed by the government or any political subdivision or instrumentality thereof.
3:-4T56 M. 45,-7T.5" "ec. 79. ,unis%a)le Acts and Applica)le ,enalties+ -ny person who commits violation of any of the provisions of this -ct, such as, but not limited to, authori0ed andCor unlawful intrusion upon any ancestral lands or domains as stated in "ec. $&, 3hapter ..., or shall commit any of the prohibited acts mentioned in "ections 9$ and 9D, 3hapter G, "ection AA, 3hapter G. hereof, shall be punished in accordance with the customary laws of the .33sC.4s concerned) 4rovided, That no such penalty shall be cruel, degrading or inhuman punishment) 4rovided, further, That neither shall the death penalty or e#cessive fines be imposed. This provision shall be without pre1udice to the right of any .33sC.4s to avail of the protection of e#isting laws. .n which case, any person who violates any provision of this -ct shall, upon conviction, be punished by imprisonment of not less than nine !%' months but not more than twelve !$9' years or a fine not less than 8ne hundred thousand pesos !4$&&,&&&' nor more than *ive hundred thousand pesos !4B&&,&&&' or both such fine and imprisonment upon the discretion of the court. .n addition, he shall be obliged to pay to the .33sC.4s concerned whatever damage may have been suffered by the latter as a conse;uence of the unlawful act. "ec. 7A. ,ersons 'u)Fect to ,unis%ment .f the offender is a 1uridical person, all officers such as, but not limited to, its president, manager, or head of office responsible for their unlawful act shall be criminally liable therefor, in addition to the cancellation of certificates of their registration andCor license) 4rovided, That if the offender is a public official, the penalty shall include perpetual dis;ualification to hold public office. 3:-4T56 M.. (56>56 8* T:5 8**.35 *86 ,86T:56, 3F7TF6-7 38((F,.T.5" !8,33' -,= T:5 8**.35 *86 "8FT:56, 3F7TF6-7 38((F,.T.5" !8"33' "ec. 7D. Merger of 8N$$@8'$$ The 8ffice for ,orthern 3ultural 3ommunities !8,33' and the 8ffice of "outhern 3ultural 3ommunities !8"33', created under 5#ecutive 8rder ,os. $99B and $993 respectively, are hereby merged as organic offices of the ,3.4 and shall continue to function under a revitali0ed and strengthened structures to achieve the ob1ectives of the ,3.4) 4rovided, That the positions of 6egional =irectors and below, are hereby phasedout upon the effectivity of this -ct) 4rovided, further, That officials and employees of the phased out offices who may be ;ualified may apply for reappointment with the ,3.4 and may be given prior rights in the filing up of the newly created positions of ,3.4, sub1ect to the ;ualifications set by the 4lacement 3ommittee) 4rovided, furthermore, That in the case where an indigenous person and a non indigenous person with similar ;ualifications apply for the same position, priority shall be given to the former. 8fficers and employees who are to be phasedout as a result of the merger of their offices shall be entitled to gratuity a rate e;uivalent to one and a half !$ $C9' months salary for every year of continuous and satisfactory service rendered or the e;uivalent nearest fraction thereof favorable to them on the basis of the highest salary received. .f they are already entitled to retirement benefits or the gratuity herein provided. 8fficers and employees who may be reinstated shall refund such retirement benefits or gratuity received) 4rovided, finally That absorbed personnel must still meet the ;ualifications and standards set by the 3ivil "ervice and the 4lacement 3ommittee herein created. "ec. 7B. &ransition ,eriod The 8,33C8"33 shall have a period of si# !@' months from the effectivity of this -ct within which to wind up its affairs and to conduct audit of its finances. "ec. 7@. &ransfer of Assets@,roperties -ll real and personal properties which are vested in, or belonging to, the merged offices as aforestated shall be transferred to the ,3.4 without further need of conveyance, transfer or assignment and shall be held for the same purpose as they were held by the former offices) 4rovided, That all contracts, records and documents shall be transferred to the ,3.4. -ll agreements and contracts entered into by the merged offices shall remain in full force and effect unless otherwise terminated, modified or amended by the ,3.4. "ec. 77. ,lacement $ommittee "ub1ect to rules on government reorgani0ation, a 4lacement 3ommittee shall be created by the ,3.4, in coordination with the 3ivil "ervice 3ommission, which shall assist in the 1udicious selection and placement of personnel in order that the best ;ualified and most deserving persons shall be appointed in the reorgani0ed agency. The placement 3ommittee shall be composed of seven !7' commissioners and an .33sC.4s representative from each of the first and second level employees association in the 8ffices for ,orthern and "outhern 3ultural 3ommunities !8,33C8"33', nongovernment organi0ations !,>8s' who have served the community for at least five !B' years and peoples organi0ations !48s' with at least five !B' years of e#istence. They shall be guided by the criteria of retention and appointment to be prepared by the consultative body and by the pertinent provisions of the civil service law. Art I) Sec *+) ** of t!e Constitution "ection 9$. The "tate shall promote comprehensive rural development and agrarian reform. "ection 99. The "tate recogni0es and promotes the rights of indigenous cultural communities within the framework of national unity and development. Art (II) Secs& *) =) >) F) . an% - of t!e Constitution ARTICLE (II NATIONAL ECONO9B AND 8ATRI9ONB "ection 9. -ll lands of the public domain, waters, minerals, coal, petroleum, and other mineral oils, all forces of potential energy, fisheries, forests or timber, wildlife, flora and fauna, and other natural resources are owned by the "tate. /ith the e#ception of agricultural lands, all other natural resources shall not be alienated. The e#ploration, development, and utili0ation of natural resources shall be under the full control and supervision of the "tate. The "tate may directly undertake such activities, or it may enter into coproduction, 1oint venture, or productionsharing agreements with *ilipino citi0ens, or corporations or associations at least si#ty per centum of whose capital is owned by such citi0ens. "uch agreements may be for a period not e#ceeding twentyfive years, renewable for not more than twentyfive years, and under such terms and conditions as may be provided by law. .n cases of water rights for irrigation, water supply fisheries, or industrial uses other than the development of water power, beneficial use may be the measure and limit of the grant. The "tate shall protect the nation2s marine wealth in its archipelagic waters, territorial sea, and e#clusive economic 0one, and reserve its use and en1oyment e#clusively to *ilipino citi0ens. The 3ongress may, by law, allow smallscale utili0ation of natural resources by *ilipino citi0ens, as well as cooperative fish farming, with priority to subsistence fishermen and fish workers in rivers, lakes, bays, and lagoons. The 4resident may enter into agreements with foreignowned corporations involving either technical or financial assistance for largescale e#ploration, development, and utili0ation of minerals, petroleum, and other mineral oils according to the general terms and conditions provided by law, based on real contributions to the economic growth and general welfare of the country. .n such agreements, the "tate shall promote the development and use of local scientific and technical resources. The 4resident shall notify the 3ongress of every contract entered into in accordance with this provision, within thirty days from its e#ecution. "ection A. 7ands of the public domain are classified into agricultural, forest or timber, mineral lands and national parks. -gricultural lands of the public domain may be further classified by law according to the uses to which they may be devoted. -lienable lands of the public domain shall be limited to agricultural lands. 4rivate corporations or associations may not hold such alienable lands of the public domain e#cept by lease, for a period not e#ceeding twentyfive years, renewable for not more than twentyfive years, and not to e#ceed one thousand hectares in area. 3iti0ens of the 4hilippines may lease not more than five hundred hectares, or ac;uire not more than twelve hectares thereof, by purchase, homestead, or grant. Taking into account the re;uirements of conservation, ecology, and development, and sub1ect to the re;uirements of agrarian reform, the 3ongress shall determine, by law, the si0e of lands of the public domain which may be ac;uired, developed, held, or leased and the conditions therefor. "ection D. The 3ongress shall, as soon as possible, determine, by law, the specific limits of forest lands and national parks, marking clearly their boundaries on the ground. Thereafter, such forest lands and national parks shall be conserved and may not be increased nor diminished, e#cept by law. The 3ongress shall provide for such period as it may determine, measures to prohibit logging in endangered forests and watershed areas. "ection B. The "tate, sub1ect to the provisions of this 3onstitution and national development policies and programs, shall protect the rights of indigenous cultural communities to their ancestral lands to ensure their economic, social, and cultural well being. The 3ongress may provide for the applicability of customary laws governing property rights or relations in determining the ownership and e#tent of ancestral domain. "ection 7. "ave in cases of hereditary succession, no private lands shall be transferred or conveyed e#cept to individuals, corporations, or associations ;ualified to ac;uire or hold lands of the public domain. "ection ?. ,otwithstanding the provisions of "ection 7 of this -rticle, a naturalborn citi0en of the 4hilippines who has lost his 4hilippine citi0enship may be a transferee of private lands, sub1ect to limitations provided by law. Re/u"lic Act No& .,>* 8!ili//ine 9inin' Act of +,,F "ec. 9 =eclaration of 4olicy. -ll mineral resources in public and private lands within the territory and e#clusive economic 0one of the 6epublic of the 4hilippines are owned by the "tate. .t shall be the responsibility of the "tate to promote their rational e#ploration, development, utili0ation and conservation through the combined efforts of government and the private sector in order to enhance national growth in a way that effectively safeguards the environment and protect the rights of affected communities.
"ec. A =efinition of Terms. -s used in and for purposes of this -ct, the following terms, whether in singular or plural, shall mean)
!a' I-ncestral landsI refers to all lands, e#clusively and actually possessed, occupied, or utili0ed by indigenous cultural communities by themselves or through their ancestors in accordance with their customs and traditions since time immemorial, and as may be defined and delineated by law.
!b' IBlockI or Imeridional blockI means an area bounded by onehalf !$C9' minute of latitude and onehalf !$C9' minute of longitude, containing appro#imately eightyone hectares !?$ has.'.
!c' IBureauI means the (ines and >eosciences Bureau under the =epartment of 5nvironment and ,atural 6esources.
!d' I3arrying capacityI refers to the capacity of natural and human environments to accommodate and absorb change without e#periencing conditions of instability and attendant degradation.
!e' I3ontiguous 0oneI refers to water, sea bottom and substratum measured twentyfour nautical miles !9D n.m.' seaward from base line of the 4hilippine archipelago.
!f' I3ontract areaI means land or body of water delineated for purposes of e#ploration, development, or utili0ation of the minerals found therein.
!g' I3ontractorI means a ;ualified person acting alone or in consortium who is a party to a mineral agreement or to a financial or technical assistance agreement.
!h' I3oproduction agreement !3-'I means an agreement entered into between the >overnment and one or more contractors in accordance with "ection 9@!b' hereof.
!i' I=epartmentI means the =epartment of 5nvironment and ,atural 6esources.
!1' I=evelopmentI means the work undertaken to e#plore and prepare an ore body or a mineral deposit for mining, including the construction of necessary infrastructure and related facilities.
!k' I=irectorI means the =irector of the (ines and >eosciences Bureau.
!l' I5cological profile or ecoprofileI refers to geographicbased instruments for planners and decisionmakers which presents an evaluation of the environmental ;uality and carrying capacity of an area.
!m' I5nvironmental 3ompliance 3ertificate !533'I refers to the document issued by the government agency concerned certifying that the pro1ect under consideration will not bring about an unacceptable environmental impact and that the proponent has complied with the re;uirements of the environmental impact statement system.
!n' I5nvironmental .mpact "tatement !5."'I is the document which aims to identify, predict, interpret, and communicate information regarding changes in environmental ;uality associated with a proposed pro1ect and which e#amines the range of alternatives for the ob1ectives of the proposal and their impact on the environment.
!o' I5#clusive economic 0oneI means the water, sea bottom and subsurface measured from the baseline of the 4hilippine archipelago up to two hundred nautical miles !9&& n.m.' offshore.
!p' I5#isting miningC;uarrying rightI means a valid and subsisting mining claim or permit or ;uarry permit or any mining lease contract or agreement covering a minerali0ed area grantedCissued under pertinent mining laws.
!;' I5#plorationI means the searching or prospecting for mineral resources by geological, geochemical or geophysical surveys, remote sensing, test pitting, trenching, drilling, shaft sinking, tunneling or any other means for the purpose of determining the e#istence, e#tent, ;uantity and ;uality thereof and the feasibility of mining them for profit.
!r' I*inancial or technical assistance agreementI means a contract involving financial or technical assistance for largescale e#ploration, development, and utili0ation of mineral resources.
!s' I*orce ma1eureI means acts or circumstances beyond the reasonable control of contractor including, but not limited to, war, rebellion, insurrection, riots, civil disturbance, blockade, sabotage, embargo, strike, lockout, any dispute with surface owners and other labor disputes, epidemic, earth;uake, storm, flood or other adverse weather conditions, e#plosion, fire, adverse action by government or by any instrumentality or subdivision thereof, act of >od or any public enemy and any cause that herein describe over which the affected party has no reasonable control.
!t' I*oreignowned corporationI means any corporation, partnership, association, or cooperative duly registered in accordance with law in which less than fifty per centum !B&N' of the capital is owned by *ilipino citi0ens.
!u' I>overnmentI means the government of the 6epublic of the 4hilippines.
!v' I>ross outputI means the actual market value of minerals or mineral products from its mining area as defined in the ,ational .nternal 6evenue 3ode.
!w' I.ndigenous cultural communityI means a group or tribe of indigenous *ilipinos who have continuously lived as communities on communallybounded and defined land since time immemorial and have succeeded in preserving, maintaining, and sharing common bonds of languages, customs, traditions, and other distinctive cultural traits, and as may be defined and delineated by law.
!#' I<oint Genture -greement !<G-'I means an agreement entered into between the >overnment and one or more contractors in accordance with "ection 9@!c' hereof.
!y' I(ineral processingI means the milling, benefaction or upgrading of ores or minerals and rocks or by similar means to convert the same into marketable products.
!0' I(ine wastes and tailingsI shall mean soil and rock materials from surface or underground mining and milling operations with no economic value to the generator of the same.
!aa' I(ineralsI refers to all naturally occurring inorganic substance in solid, gas, li;uid, or any intermediate state e#cluding energy materials such as coal, petroleum, natural gas, radioactive materials, and geothermal energy.
!ab' I(ineral agreementI means a contract between the government and a contractor, involving mineral productionsharing agreement, coproduction agreement, or 1ointventure agreement.
!ac' I(ineral landI means any area where mineral resources are found.
!ad' I(ineral resourceI means any concentration of mineralsCrocks with potential economic value.
!ae' I(ining areaI means a portion of the contract area identified by the contractor for purposes of development, mining, utili0ation, and sites for support facilities or in the immediate vicinity of the mining operations.
!af' I(ining operationI means mining activities involving e#ploration, feasibility, development, utili0ation, and processing.
!ag' I,ongovernmental 8rgani0ation !,>8'I includes nonstock, nonprofit organi0ations involved in activities dealing with resource and environmental conservation, management and protection.
!ah' I,et assetsI refers to the property, plant and e;uipment as reflected in the audited financial statement of the contractor net of depreciation, as computed for ta# purposes, e#cluding appraisal increase and construction in progress.
!ai' I8ffshoreI means the water, sea bottom, and subsurface from the shore or coastline reckoned from the mean low tide level up to the two hundred nautical miles !9&& n.m.' e#clusive economic 0one including the archipelagic sea and contiguous 0one.
!a1' I8nshoreI means the landward side from the mean tide elevation, including submerged lands in lakes, rivers and creeks.
!ak' I8reI means a naturally occurring substance or material from which a mineral or element can be mined andCor processed for profit.
!al' I4ermitteeI means the holder of an e#ploration permit.
!am' I4ollution control and infrastructure devicesI refers to infrastructure, machinery, e;uipment andCor improvements used for impounding, treating or neutrali0ing, precipitating, filtering, conveying and cleansing mine industrial waste and tailings as well as eliminating or reducing ha0ardous effects of solid particles, chemicals, li;uids or other harmful by products and gases emitted from any facility utili0ed in mining operations for their disposal.
!an' I4residentI means the 4resident of the 6epublic of the 4hilippines.
!ao' I4rivate landI refers to any land belonging to any private person which includes alienable and disposable land being claimed by a holder, claimant, or occupant who has already ac;uired a vested right thereto under the law, although the corresponding certificate or evidence of title or patent has not been actually issued.
!ap' I4ublic landI refers to lands of the public domain which have been classified as agricultural lands and sub1ect to management and disposition or concession under e#isting laws.
!a;' IYualified personI means any citi0en of the 4hilippines with capacity to contract, or a corporation, partnership, association, or cooperative organi0ed or authori0ed for the purpose of engaging in mining, with technical and financial capability to undertake mineral resources development and duly registered in accordance with law at least si#ty per cent !@&N' of the capital of which is owned by citi0ens of the 4hilippines) 4rovided, That a legally organi0ed foreignowned corporation shall be deemed a ;ualified person for purposes of granting an e#ploration permit, financial or technical assistance agreement or mineral processing permit.
!ar' IYuarryingI means the process of e#tracting, removing and disposing ;uarry resources found on or underneath the surface of private or public land.
!as' IYuarry permitI means a document granted to a ;ualified person for the e#traction and utili0ation of ;uarry resources on public or private lands.
!at' IYuarry resourcesI refers to any common rock or other mineral substances as the =irector of (ines and >eosciences Bureau may declare to be ;uarry resources such as, but not limited to, andesite, basalt, conglomerate, coral sand, diatomaceous earth, diorite, decorative stones, gabbro, granite, limestone, marble, marl, red burning clays for potteries and bricks, rhyolite, rock phosphate, sandstone, serpentine, shale, tuff, volcanic cinders, and volcanic glass) 4rovided, That such ;uarry resources do not contain metals or metallic constituents andCor other valuable minerals in economically workable ;uantities) 4rovided, further, That nonmetallic minerals such as kaolin, feldspar, bull;uart0, ;uart0 or silica, sand and pebbles, bentonite, talc, asbestos, barite, gypsum, bau#ite, magnesite, dolomite, mica, precious and semi precious stones, and other nonmetallic minerals that may later be discovered and which the =irector declares the same to be of economically workable ;uantities, shall not be classified under the category of ;uarry resources.
!au' I6egion directorI means the regional director of any mines regional office under the =epartment of 5nvironment and ,atural 6esources.
!av' I6egional officeI means any of the mines regional offices of the =epartment of 5nvironment and ,atural 6esources.
!aw' I"ecretaryI means the "ecretary of the =epartment of 5nvironment and ,atural 6esources.
!a#' I"pecial allowanceI refers to payment to the claimowners or surface rightowners particularly during the transition period from 4residential =ecree ,o. D@A and 5#ecutive 8rder ,o. 97%, series of $%?7.
!ay' I"tateI means the 6epublic of the 4hilippines.
!a0' IFtili0ationI means the e#traction or disposition of minerals.
C:A8TER II ;OVERN9ENT 9ANA;E9ENT
"ec. D 8wnership of (ineral 6esources. (ineral resources are owned by the "tate and the e#ploration, development, utili0ation, and processing thereof shall be under its full control and supervision. The "tate may directly undertake such activities or it may enter into mineral agreements with contractors.
The "tate shall recogni0e and protect the rights of the indigenous cultural communities to their ancestral lands as provided for by the 3onstitution. "ec. B (ineral 6eservations. /hen the national interest so re;uires, such as when there is a need to preserve strategic raw materials for industries critical to national development, or certain minerals for scientific, cultural or ecological value, the 4resident may establish mineral reservations upon the recommendation of the =irector through the "ecretary. (ining operations in e#isting mineral reservations and such other reservations as may thereafter be established, shall be undertaken by the =epartment or through a contractor) 4rovided, That a small scale mining agreement for a ma#imum aggregate area of twentyfive percent !9BN' of such mineral reservation, sub1ect to valid e#isting mining ;uarrying rights as provided under "ection $$9 3hapter MM hereof. -ll submerged lands within the contiguous 0one and in the e#clusive economic 0one of the 4hilippines are hereby declared to be mineral reservations.
- ten per centum !$&N' share of all royalties and revenues to be derived by the government from the development and utili0ation of the mineral resources within mineral reservations as provided under this -ct shall accrue to the (ines and >eosciences Bureau to be allotted for special pro1ects and other administrative e#penses related to the e#ploration and development of other mineral reservations mentioned in "ection @ hereof.
"ec. @ 8ther 6eservations. (ining operations in reserved lands other than mineral reservations may be undertaken by the =epartment, sub1ect to limitations as herein provided. .n the event that the =epartment cannot undertake such activities, they may be undertaken by a ;ualified person in accordance with the rules and regulations promulgated by the "ecretary. The right to develop and utili0e the minerals found therein shall be awarded by the 4resident under such terms and conditions as recommended by the =irector and approved by the "ecretary. 4rovided, That the party who undertook the e#ploration of said reservation shall be given priority. The mineral land so awarded shall be automatically e#cluded from the reservation during the term of the agreement) 4rovided, further, That the right of the lessee of a valid mining contract e#isting within the reservation at the time of its establishment shall not be pre1udiced or impaired.
"ec. 7 4eriodic 6eview of 5#isting (ineral 6eservations. The "ecretary shall periodically review e#isting mineral reservations for the purpose of determining whether their continued e#istence is consistent with the national interest, and upon the recommendation, the 4resident may, by proclamation, alter or modify the boundaries thereof or revert the same to the public domain without pre1udice to prior e#isting rights.
"ec. ? -uthority of the =epartment. The =epartment shall be the primary government agency responsible for the conservation, management, development, and proper use of the "tate2s mineral resources including those in reservations, watershed areas, and lands of the public domain. The "ecretary shall have the authority to enter into mineral agreements on behalf of the >overnment upon the recommendation of the =irector, promulgate such rules and regulations as may be necessary to implement the intent and provisions of this -ct.
"ec. % -uthority of the Bureau. The Bureau shall have direct charge in the administration and disposition of mineral lands and mineral resources and shall undertake geological, mining, metallurgical, chemical, and other researches as well as geological and mineral e#ploration surveys. The =irector shall recommend to the "ecretary the granting of mineral agreements to duly ;ualified persons and shall monitor the compliance by the contractor of the terms and conditions of the mineral agreements. The Bureau may confiscate surety, performance and guaranty bonds posted through an order to be promulgated by the =irector. The =irector may deputi0e, when necessary, any member or unit of the 4hilippine ,ational 4olice, barangay, duly registered nongovernmental organi0ation !,>8' or any ;ualified person to police all mining activities.
"ec. $& 6egional 8ffices. There shall be as many regional offices in the country as may be established by the "ecretary, upon the recommendation of the =irector.
"ec. $$ 4rocessing of -pplications. The system of processing applications for mining rights shall be prescribed in the rules and regulations of this -ct.
"ec. $9 "urvey, 3harting and =elineation of (ining -reas. - sketch plan or map of the contract or mining area prepared by a deputi0ed geodetic engineer suitable for publication purposes shall be re;uired during the filing of a mineral agreement or financial or technical assistance agreement application. Thereafter, the contract or mining area shall be surveyed and monumented by a deputi0ed geodetic engineer or bureau geodetic engineer and the survey plan shall be approved by the =irector before the approval of the mining feasibility.
"ec. $A (eridional Blocks. *or purposes of the delineation of the contract of mining areas under this -ct, the 4hilippine territory and its e#clusive economic 0one shall be divided into meridional blocks of onehalf !$C9' minute of latitude and one half !$C9' minute of longitude.
"ec. $D 6ecording "ystem. There shall be established a national and regional filing and recording system. - mineral resource database system shall be set up in the Bureau which shall include, among others, a mineral rights management system. The Bureau shall publish at least annually, a mineral rights management system. The Bureau shall publish at least annually, a mineral ga0ette of nationwide circulation containing among others, a current list of mineral rights, their location in the map, mining rules and regulations, other official acts affecting mining, and other information relevant to mineral resources development. - system and publication fund shall be included in the regular budget of the Bureau.
C:A8TER III SCO8E O7 A88LICATION
"ec. $B "cope of -pplication. This -ct shall govern the e#ploration, development, utili0ation and processing of all mineral resources.
"ec. $@ 8pening of -ncestral 7ands for (ining 8perations. ,o ancestral land shall be opened for mining operations without the prior consent of the indigenous cultural community concerned.
"ec. $7 6oyalty 4ayments for .ndigenous 3ultural 3ommunities. .n the event of an agreement with an indigenous cultural community pursuant to the preceding section, the royalty payment, upon utili0ation of the minerals shall be agreed upon by the parties. The said royalty shall form part of a trust fund for the socioeconomic wellbeing of the indigenous cultural community.
"ec. $? -reas 8pen to (ining 8perations. "ub1ect to any e#isting rights or reservations and prior agreements of all parties, all mineral resources in public or private lands, including timber or forestlands as defined in e#isting laws shall be open to mineral agreements or financial or technical assistance agreement applications. -ny conflict that may arise under this provision shall be heard and resolved by the panel of arbitrators.
"ec. $% -reas 3losed to (ining -pplications. (ineral agreement or financial or technical assistance agreement applications shall not be allowed)
!a' .n military and other government reservations, e#cept upon prior written clearance by the government agency concerned+
!b' ,ear or under public or private buildings, cemeteries, archeological and historic sites, bridges, highways, waterways, railroads, reservoirs, dams or other infrastructure pro1ects, public or private works including plantations or valuable crops, e#cept upon written consent of the government agency or private entity concerned+
!c' .n areas covered by valid and e#isting mining rights+
!d' .n areas e#pressedly prohibited by law+
!e' .n areas covered by smallscale miners as defined by law unless with prior consent of the smallscale miners, in which case a royalty payment upon the utili0ation of minerals shall be agreed upon by the parties, said royalty forming a trust fund for the socioeconomic development of the community concerned+ and
!f' 8ld growth or virgin forests, proclaimed watershed forest reserves, wilderness areas, mangrove forests, mossy forests, national parks, provincialCmunicipal forests, parks, greenbelts, game refuge and bird sanctuaries as defined by law in areas e#pressly prohibited under the ,ational .ntegrated 4rotected areas "ystem !,.4-"' under 6epublic -ct ,o. 7B?@, =epartment -dministrative 8rder ,o. 9B, series of $%%9 and other laws.
C:A8TER IV E(8LORATION 8ER9IT
"ec. 9& 5#ploration 4ermit. -n e#ploration permit grants the right to conduct e#ploration for all minerals in specified areas. The Bureau shall have the authority to grant an e#ploration permit to a ;ualified person.
"ec. 9$ Terms and 3onditions of the 5#ploration 4ermit. -n e#ploration permit shall be for a period of two !9' years, sub1ect to annual review and relin;uishment or renewal upon the recommendation of the =irector.
"ec. 99 (a#imum -reas for 5#ploration 4ermit. The ma#imum area that a ;ualified person may hold at any one time shall be)
!a' 8nshore, in any one province
!$' *or individuals, twenty !9&' blocks+ and
!9' !9' *or partnerships, corporations, cooperatives, or associations, two hundred !9&&' blocks.
!b' 8nshore, in the entire 4hilippines
!$' *or individuals, forty !D&' blocks+ and
!9' *or partnerships, corporations, cooperatives, or associations, four hundred !D&&' blocks.
!c' 8nshore, beyond five hundred meters !B&&m' from the mean low tide level
!$' *or individuals, one hundred !$&&' blocks+ and
!9' *or partnerships, corporations, cooperatives, or associations, one thousand !$,&&&' blocks.
"ec. 9A 6ights and 8bligations of the 4ermittee. -n e#ploration permit shall grant to the permittee, his heirs or successorsininterest, the right to enter, occupy and e#plore the area) 4rovided, That if private or other parties are affected, the permittee shall first discuss with the said parties the e#tent, necessity, and manner of his entry, occupation and e#ploration and in case of disagreement, a panel of arbitrators shall resolve the conflict or disagreement.
The permittee shall undertake an e#ploration work on the area specified by its permit based on an approved work program.
-ny e#penditure in e#cess of the yearly budget of the approved work program may be carried forward and credited to the succeeding years covering the duration of the permit. The "ecretary, through the =irector, shall promulgate rules and regulations governing the terms and conditions of the permit.
The permittee may apply for a mineral production sharing agreement, 1oint venture agreement, co production agreement or financial or technical assistance agreement over the permit area, which application shall be granted if the permittee meets the necessary ;ualifications and the terms and conditions of any such agreement) 4rovided, That the e#ploration period covered by the e#ploration permit shall be included as part of the e#ploration period of the mineral agreement or financial or technical assistance agreement.
"ec. 9D =eclaration of (ining 4ro1ect *easibility. - holder of an e#ploration permit who determines the commercial viability of a pro1ect covering a mining area may, within the term of the permit, file with the Bureau a declaration of mining pro1ect feasibility accompanied by a work program for development. The approval of the mining pro1ect feasibility and compliance with other re;uirements provided in this -ct shall entitle the holder to an e#clusive right to a mineral production sharing agreement or other mineral agreements or financial or technical assistance agreement.
"ec. 9B Transfer or -ssignment. -n e#ploration permit may be transferred or assigned to a ;ualified person sub1ect to the approval of the "ecretary upon the recommendation of the =irector.
C:A8TER V 9INERAL A;REE9ENTS
"ec. 9@ (odes of (ineral -greement. *or purposes of mining operations, a mineral agreement may take the following forms as herein defined)
!a' (ineral production sharing agreement is an agreement where the >overnment grants to the contractor the e#clusive right to conduct mining operations within a contract area and shares in the gross output. The contractor shall provide the financing, technology, management and personnel necessary for the implementation of this agreement.
!b' 3oproduction agreement is an agreement between the >overnment and the contractor wherein the >overnment shall provide inputs to the mining operations other than the mineral resource.
!c' <oint venture agreement is an agreement where a 1ointventure company is organi0ed by the >overnment and the contractor with both parties having e;uity shares. -side from earnings in e;uity, the >overnment shall be entitled to a share in the gross output.
- mineral agreement shall grant to the contractor the e#clusive right to conduct mining operations and to e#tract all mineral resources found in the contract area. .n addition, the contractor may be allowed to convert his agreement into any of the modes of mineral agreements or financial or technical assistance agreement covering the remaining period of the original agreement sub1ect to the approval of the "ecretary.
"ec. 97 5ligibility. - ;ualified person may enter into any of the three !A' modes of mineral agreement with the government for the e#ploration, development and utili0ation of mineral resources) 4rovided, That in case the applicant has been in the mining industry for any length of time, he should possess a satisfactory environmental track record as determined by the (ines and >eosciences Bureau and in consultation with the 5nvironment (anagement Bureau of the =epartment.
"ec. 9? (a#imum -reas for (ineral -greement. The ma#imum area that a ;ualified person may hold at any time under a mineral agreement shall be)
!a' 8nshore, in any one province
!$' *or individuals, ten !$&' blocks+ and
!9' *or partnerships, cooperatives, associations, or corporations, one hundred !$&&' blocks.
!b' 8nshore, in the entire 4hilippines
!$' *or individuals, twenty !9&' blocks+ and
!9' *or partnerships, cooperatives, associations, or corporations, two hundred !9&&' blocks.
!c' 8ffshore, in the entire 4hilippines
!$' *or individuals, fifty !B&' blocks+
!9' *or partnerships, cooperatives, associations, or corporations, five hundred !B&&' blocks+ and
!A' *or the e#clusive economic 0one, a larger area to be determined by the "ecretary.
The ma#imum areas mentioned above that a contractor may hold under a mineral agreement shall not include miningC;uarry areas under operating agreements between the contractor and a claimownerClesseeCpermitteeClicensee entered into under 4residential =ecree ,o. D@A.
"ec. 9% *iling and -pproval of (ineral -greements. -ll proposed mineral agreements shall be filed in the region where the areas of interest are located, e#cept in mineral reservations which shall be filed with the Bureau.
The filing of a proposal for a mineral agreement shall give the proponent the prior right to areas covered by the same. The proposed mineral agreement will be approved by the "ecretary and copies thereof shall be submitted to the 4resident. Thereafter, the 4resident shall provide a list to 3ongress of every approved mineral agreement within thirty !A&' days from its approval by the "ecretary.
"ec. A& -ssignmentCTransfer. -ny assignment or transfer of rights and obligations under any mineral agreement e#cept a financial or technical assistance agreement shall be sub1ect to the prior approval of the "ecretary. "uch assignment or transfer shall be deemed automatically approved if not acted upon by the "ecretary within thirty !A&' working days from official receipt thereof, unless patently unconstitutional or illegal.
"ec. A$ /ithdrawal from (ineral -greements. The contractor may, by giving due notice at any time during the terms of the agreement, apply for the cancellation of the mineral agreement due to causes which, in the opinion of the contractor, make continued mining operations no longer feasible or viable. The "ecretary shall consider the notice and issue its decision within a period of thirty !A&' days) 4rovided, That the contractor has met all its financial, fiscal and legal obligations.
"ec. A9 Terms. (ineral agreements shall have a term not e#ceeding twentyfive !9B' years to start from the date of e#ecution thereof, and renewable for another term not e#ceeding twentyfive !9B' years under the same terms and conditions thereof, without pre1udice to charges mutually agreed upon by the parties. -fter the renewal period, the operation of the mine may be undertaken by the >overnment or through a contractor. The contract for the operation of a mine shall be awarded to the highest bidder in a public bidding after due publication of the notice thereof) 4rovided, That the contractor shall have the right to e;ual the highest bid upon reimbursement of all reasonable e#penses of the highest bidder.
C:A8TER VI 7INANCIAL OR TEC:NICAL ASSISTANCE A;REE9ENT
"ec. AA 5ligibility. -ny ;ualified person with technical and financial capability to undertake largescale e#ploration, development, and utili0ation of mineral resources in the 4hilippines may enter into a financial or technical assistance agreement directly with the >overnment through the =epartment.
"ec. AD (a#imum 3ontract -rea. The ma#imum contract area that may be granted per ;ualified person, sub1ect to relin;uishment shall be)
!a' $,&&& meridional blocks onshore+ !b' D,&&& meridional blocks offshore+ or !c' 3ombinations of !a' and !b' provided that it shall not e#ceed the ma#imum limits for onshore and offshore areas.
"ec. AB Terms and 3onditions. The following terms, conditions, and warranties shall be incorporated in the financial or technical assistance agreement, to wit)
!a' - firm commitment in the form of a sworn statement, of an amount corresponding to the e#penditure obligation that will be invested in the contract area) 4rovided, That such amount shall be sub1ect to changes as may be provided for in the rules and regulations of this act+
!b' - financial guarantee bond shall be posted in favor of the >overnment in an amount e;uivalent to the e#penditure obligation of the applicant for any year.
!c' "ubmission of proof of technical competence, such as, but not limited to, its track record in mineral resource e#ploration, development, and utili0ation+ details of technology to be employed in the proposed operation+ and details of technical personnel to undertake the operations+
!d' 6epresentations and warranties that the applicant has all the ;ualifications and none of the dis;ualifications for entering into the agreement+
!e' 6epresentations and warranties that the contractor has or has access to all the financing, managerial and technical e#pertise and, if circumstances demand, the technology re;uired to promptly and effectively carry out the ob1ectives of the agreement with the understanding to timely deploy these resources under its supervision pursuant to the periodic work programs and related budgets, when proper, providing an e#ploration period up to two !9' years, e#tendible for another two !9' years but sub1ect to annual review by the "ecretary in accordance with the implementing rules and regulations of this -ct, and further, sub1ect to the relin;uishment obligations+
!f' 6epresentations and warranties that, e#cept for payments for dispositions for its e;uity, foreign investments in local enterprises which are ;ualified for repartriation, and local supplier2s credits and such other generally accepted and permissible financial schemes for raising funds for valid business purposes, the contractor shall not raise any form of financing from domestic sources of funds, whether in 4hilippine or foreign currency, for conducting its mining operations for and in the contract area+
!g' The mining operations shall be conducted in accordance with the provisions of this -ct and its implementing rules and regulations+
!h' /ork programs and minimum e#penditures commitments+
!i' 4referential use of local goods and services to the ma#imum e#tent practicable+
!1' - stipulation that the contractors are obligated to give preference to *ilipinos in all types of mining employment for which they are ;ualified and that technology shall be transferred to the same+
!k' 6e;uiring the prominent to effectively use appropriate antipollution technology and facilities to protect the environment and to restore or rehabilitate mined out areas and other areas affected by mine tailings and other forms of pollution or destruction+
!l' The contractors shall furnish the >overnment records of geologic, accounting, and other relevant data for its mining operations, and that book of accounts and records shall be open for inspection by the government+
!m' 6e;uiring the proponent to dispose of the minerals and by products produced under a financial or technical assistance agreement at the highest price and more advantageous terms and conditions as provided for under the rules and regulations of this -ct+
!n' 4rovide for consultation and arbitration with respect to the interpretation and implementation of the terms and conditions of the agreements+ and
!o' "uch other terms and conditions consistent with the 3onstitution and with this -ct as the "ecretary may deem to be for the best interest of the "tate and the welfare of the *ilipino people.
"ec. A@ ,egotiations. - financial or technical assistance agreement shall be negotiated by the =epartment and e#ecuted and approved by the 4resident. The 4resident shall notify 3ongress of all *inancial or technical assistance agreements within thirty !A&' days from e#ecution and approval thereof.
"ec. A7 *iling and 5valuation of *inancial or Technical -ssistance -greement 4roposals. -ll financial or technical assistance agreement proposals shall be filed with the Bureau after payment of the re;uired processing fees. .f the proposal is found to be sufficient and meritorious in form and substance after evaluation, it shall be recorded with the appropriate government agency to give the proponent the prior right to the area covered by such proposal) 4rovided, That e#isting mineral agreements, financial or technical assistance agreements and other mining rights are not impaired or pre1udiced thereby. The "ecretary shall recommend its approval to the 4resident.
"ec. A? Terms of *inancial or Technical -ssistance -greement. - financial or technical assistance agreement shall have a term not e#ceeding twenty five !9B' years to start from the e#ecution thereof, renewable for not more than twentyfive !9B' years under such terms and conditions as may be provided by law.
"ec. A% 8ption to 3onvert into a (ineral -greement. The contractor has the option to convert the financial or technical assistance agreement to a mineral agreement at any time during the term of the agreement, if the economic viability of the contract area is found to be inade;uate to 1ustify largescale mining operations, after proper notice to the "ecretary as provided for under the implementing rules and regulations) 4rovided, That the mineral agreement shall only be for the remaining period of the original agreement.
.n the case of a foreign contractor, it shall reduce its e;uity to forty percent !D&N' in the corporation, partnership, association, or cooperative. Fpon compliance with this re;uirement by the contractor, the "ecretary shall approve the conversion and e#ecute the mineral productionsharing agreement.
"ec. D& -ssignmentCTransfer. - financial or technical assistance agreement may be assigned or transferred, in whole or in part, to a ;ualified person sub1ect to the prior approval of the 4resident) 4rovided, That the 4resident shall notify 3ongress of every financial or technical assistance agreement assigned or converted in accordance with this provision within thirty !A&' days from the date of the approval thereof.
"ec. D$ /ithdrawal from *inancial or Technical -ssistance -greement. The contractor shall manifest in writing to the "ecretary his intention to withdraw from the agreement, if in his 1udgement the mining pro1ect is no longer economically feasible, even after he has e#erted reasonable diligence to remedy the cause or the situation. The "ecretary may accept the withdrawal) 4rovided, That the contractor has complied or satisfied all his financial, fiscal or legal obligations.
C:A8TER VII S9ALLHSCALE 9ININ;
"ec. D9 "mallscale (ining. "mallscale mining shall continue to be governed by 6epublic -ct ,o. 7&7@ and other pertinent laws.
C:A8TER VIII MUARRB RESOURCES
"ec. DA Yuarry 4ermit. -ny ;ualified person may apply to the provincialCcity mining regulatory board for a ;uarry permit on privatelyowned lands andCor public lands for building and construction materials such as marble, basalt, andesite, conglomerate, tuff, adobe, granite, gabbro, serpentine, inset filing materials, clay for ceramic tiles and building bricks, pumice, perlite and other similar materials that are e#tracted by ;uarrying from the ground. The provincial governor shall grant the permit after the applicant has complied with all the re;uirements as prescribed by the rules and regulations.
The ma#imum area which a ;ualified person may hold at any one time shall be five hectares !B has.') 4rovided, That in largescale ;uarry operations involving cement raw materials, marble, granite, sand and gravel and construction agreements, a ;ualified person and the government may enter into a mineral agreement as defined herein.
- ;uarry permit shall have a term of five !B' years, renewable for like periods but not to e#ceed a total term of twentyfive !9B' years, ,o ;uarry permit shall be issued or granted on any area covered by a mineral agreement, or financial or technical assistance agreement.
"ec. DD Yuarry *ee and Ta#es. - permittee shall, during the term of his permit, pay a ;uarry fee as provided for under the implementing rules and regulations. The permittee shall also pay the e#cise ta# as provided by pertinent laws.
"ec. DB 3ancellation of Yuarry 4ermit. - ;uarry permit may be cancelled by the provincial governor for violations of the provisions of this -ct or its implementing rules and regulations or the terms and conditions of said permit) 4rovided, That before the cancellation of such permit, the holder thereof shall be given the opportunity to be heard in an investigation conducted for the purpose.
"ec. D@ 3ommercial "and and >ravel 4ermit. -ny ;ualified person may be granted a permit by the provincial governor to e#tract and remove sand and gravel or other loose or unconsolidated materials which are used in their natural state, without undergoing processing from an area of not more than five hectares !B has.' and in such ;uantities as may be specified in the permit.
"ec. D7 .ndustrial "and and >ravel 4ermit. -ny ;ualified person may be granted an industrial sand and gravel permit by the Bureau for the e#traction of sand and gravel and other loose or unconsolidated materials that necessitate the use of mechanical processing covering an area of more than five hectares !B has.' at any one time. The permit shall have a term of five !B' years, renewable for a like period but not to e#ceed a total term of twentyfive !9B' years.
"ec. D? 5#clusive "and and >ravel 4ermit. -ny ;ualified person may be granted an e#clusive sand and gravel permit by the provincial governor to ;uarry and utili0e sand and gravel or other loose or unconsolidated materials from public lands for his own use, provided that there will be no commercial disposition thereof.
- mineral agreement or a financial technical assistance agreement contractor shall, however, have the right to e#tract and remove sand and gravel and other loose unconsolidated materials without need of a permit within the area covered by the mining agreement for the e#clusive use in the mining operations) 4rovided, That monthly reports of the ;uantity of materials e#tracted therefrom shall be submitted to the mines regional office concerned) 4rovided, further, That said right shall be coterminous with the e#piration of the agreement.
:olders of e#isting mining leases shall likewise have the same rights as that of a contractor) 4rovided, That said right shall be coterminous with the e#piry dates of the lease.
"ec. D% >overnment >ratuitous 4ermit. -ny government entity or instrumentality may be granted a gratuitous permit by the provincial governor to e#tract sand and gravel, ;uarry or loose unconsolidated materials needed in the construction of building andCor infrastructure for public use or other purposes over an area of not more than two hectares !9 has.' for a period coterminous with said construction.
"ec. B& 4rivate >ratuitous 4ermit. -ny owner of land may be granted a private gratuitous permit by the provincial governor.
"ec. B$ >uano 4ermit. -ny ;ualified person may be granted a guano permit by the provincial governor to e#tract and utili0e loose unconsolidated guano and other organic fertili0er materials in any portion of a municipality where he has established domicile. The permit shall be for specific caves andCor for confined sites with locations verified by the =epartment2s field officer in accordance with e#isting rules and regulations.
"ec. B9 >emstone >athering 4ermit. -ny ;ualified person may be granted a none#clusive gemstone gathering permit by the provincial governor to gather loose stones useful as gemstones in rivers and other locations.
C:A8TER I( TRANS8ORT) SALE AND 8ROCESSIN; O7 9INERALS
"ec. BA 8re Transport 4ermit. - permit specifying the origin and ;uantity of nonprocessed mineral ores or minerals shall be re;uired for their transport. Transport permits shall be issued by the mines regional director who has 1urisdiction over the area where the ores were e#tracted. .n the case of mineral ores or minerals being transported from the small scale mining areas to the custom mills or processing plants, the 4rovincial (ining 6egulatory Board !4(6B' concerned shall formulate their own policies to govern such transport of ores produced by small scale miners. The absence of a permit shall be considered as prima facie evidence of illegal mining and shall be sufficient cause for the >overnment to confiscate the ores or minerals being transported, the tools and e;uipment utili0ed, and the vehicle containing the same. 8re samples not e#ceeding two metric tons !9 m.t.' to be used e#clusively for assay or pilot test purposes shall be e#empted from such re;uirement.
"ec. BD (ineral Trading 6egistration. ,o person shall engage in the trading of mineral products, either locally or internationally, unless registered with the =epartment of Trade and .ndustry and accredited by the =epartment, with a copy of said registration submitted to the Bureau.
"ec. BB (inerals 4rocessing 4ermit. ,o person shall engage in the processing of minerals without first securing a minerals processing permit from the "ecretary. (inerals processing permit shall be for a period of five !B' years renewable for like periods but not to e#ceed a total term of twentyfive !9B' years. .n the case of mineral ores or minerals produced by the smallscale miners, the processing thereof as well as the licensing of their custom mills, or processing plants shall continue to be governed by the provisions of 6epublic -ct ,o. 7&7@.
"ec. B@ 5ligibility of *oreignownedCcontrolled 3orporation. - foreignownedCcontrolled corporation may be granted a mineral processing permit.
C:A8TER ( DEVELO89ENT O7 9ININ; CO99UNITIES) SCIENCE AND 9ININ; TEC:NOLO;B
"ec. B7 5#penditure for 3ommunity =evelopment and "cience and (ining Technology. - contractor shall assist in the development of its mining community, the promotion of the general welfare of its inhabitants, and the development of science and mining technology.
"ec. B? 3redited -ctivities. -ctivities that may be credited as e#penditures for development of mining communities, and science and mining technology are the following)
!a' -ny activity or e#penditure intended to enhance the development of the mining and neighboring communities of a mining operation other than those re;uired or provided for under e#isting laws, or collective bargaining agreements, and the like) and
!b' -ny activity or e#penditure directed towards the development of geosciences and mining technology such as, but not limited to, institutional and manpower development, and basic and applied researches. -ppropriate supervision and control mechanisms shall be prescribed in the implementing rules and regulations of this -ct.
"ec. B% Training and =evelopment. - contractor shall maintain an effective program of manpower training and development throughout the term of the mineral agreement and shall encourage and train *ilipinos to participate in all aspects of the mining operations, including the management thereof. *or highly technical and speciali0ed mining operations, the contractor may, sub1ect to the necessary government clearances, employ ;ualified foreigners.
"ec. @& Fse of .ndigenous >oods, "ervices and Technologies. - contractor shall give preference to the use of local goods, services and scientific and technical resources in the mining operations, where the same are of e;uivalent ;uality, and are available on e;uivalent terms as their imported counterparts.
"ec. @$ =onationsCTurn 8ver of *acilities. 4rior to cessation of mining operations occasioned by abandonment or withdrawal of operations, on public lands by the contractor, the latter shall have a period of one !$' year therefrom within which to remove his improvements+ otherwise, all the social infrastructure and facilities shall be turned over or donated ta#free to the proper government authorities, national or local, to ensure that said infrastructure and facilities are continuously maintained and utili0ed by the host and neighboring communities.
"ec. @9 5mployment of *ilipinos. - contractor shall give preference to *ilipino citi0ens in all types of mining employment within the country insofar as such citi0ens are ;ualified to perform the corresponding work with reasonable efficiency and without ha0ard to the safety of the operations. The contractor, however, shall not be hindered from hiring employees of his own selection, sub1ect to the provision of 3ommonwealth -ct ,o. @$A, as amended, for technical and speciali0ed work which in his 1udgement and with the approval of the =irector, re;uired highlyspeciali0ed training or long e#perience in e#ploration, development or utili0ation of mineral resources) 4rovided, That in no case shall each employment e#ceed five !B' years or the payback period as represented in original pro1ect study, whichever is longer) 4rovided, further, That each foreigner employed as mine manager, vice president for operations or in an e;uivalent managerial position in charge of mining, milling, ;uarrying or drilling operation shall)
!a' 4resent evidence of his ;ualification and work e#perience+ or
!b' "hall pass the appropriate government licensure e#amination+ or
!c' .n special cases, may be permitted to work by the =irector for a period not e#ceeding one !$' year) 4rovided, however, That if reciprocal privileges are e#tended to *ilipino nationals in the country of domicile, the =irector may grant waivers or e#emptions.
C:A8TER (I SA7ETB AND ENVIRON9ENTAL 8ROTECTION
"ec. @A (ines "afety and 5nvironmental 4rotection. -ll contractors and permittees shall strictly comply with all the mines safety rules and regulations as may be promulgated by the "ecretary concerning the safe and sanitary upkeep of the mining operations and achieve wastefree and efficient mine development. 4ersonnel of the =epartment involved in the implementation of mines safety, health and environmental rules and regulations shall be covered under 6epublic -ct ,o. 7A&B.
"ec. @D (ine 7abor. ,o person under si#teen !$@' years of age shall be employed in any phase of mining operations and no person under eighteen !$?' years of age shall be employed underground in a mine.
"ec. @B (ine "upervision. -ll mining and ;uarrying operations that employ more than fifty !B&' workers shall have at least one !$' licensed mining engineer with at least five !B' years of e#perience in mining operations, and one !$' registered foreman.
"ec. @@ (ine .nspection. The regional director shall have e#clusive 1urisdiction over the safety inspection of all installations, surface or underground, in mining operations at reasonable hours of the day or night and as much as possible in a manner that will not impede or obstruct work in progress of a contractor or permittee.
"ec. @7 4ower to .ssue 8rders. The mines regional director shall, in consultation with the 5nvironmental (anagement Bureau, forthwith or within such time as specified in his order, re;uire the contractor to remedy any practice connected with mining or ;uarrying operations, which is not in accordance with safety and antipollution laws and regulations, which is not in accordance with safety and antipollution laws and regulations. .n case of imminent danger to life or property, the mines regional director may summarily suspend the mining or ;uarrying operations until the danger is removed, or appropriate measures are taken by the contractor or permittee.
"ec. @? 6eport of -ccidents. .n case of any incident or accident, causing or creating the danger of loss of life or serious physical in1uries, the person in charge of operations shall immediately report the same to the regional office where the operations are situated. *ailure to report the same without 1ustifiable reason shall be a cause for the imposition of administrative sanctions prescribed in the rules and regulations implementing this -ct.
"ec. @% 5nvironmental 4rotection. 5very contractor shall undertake an environmental protection and enhancement program covering the period of the mineral agreement or permit. "uch environmental program shall be incorporated in the work program which the contractor or permittee shall submit as an accompanying document to the application for a mineral agreement or permit. The work program shall include not only plans relative to mining operations but also to rehabilitation, regeneration, revegetation and reforestation of minerali0ed areas, slope stabili0ation of minedout and tailings covered areas, a;uaculture, watershed development and water conservation+ and socioeconomic development.
"ec. 7& 5nvironmental .mpact -ssessment !5.-'. 5#cept during the e#ploration period of a mineral agreement or financial or technical assistance agreement or an e#ploration permit, an environmental clearance certificate shall be re;uired based on an environmental impact assessment and procedures under the 4hilippine 5nvironmental .mpact -ssessment "ystem including "ections 9@ and 97 of the 7ocal >overnment 3ode of $%%$ which re;uire national government agencies to maintain ecological balance, and prior consultation with the local government units, nongovernmental and people2s organi0ations and other concerned sectors of the community) 4rovided, That a completed ecological profile of the proposed mining area shall also constitute part of the environmental impact assessment. 4eople2s organi0ations and non governmental organi0ations shall be allowed and encourage to participate in ensuring that contractorsCpermittees shall observe all the re;uirements of environmental protection.
"ec. 7$ 6ehabilitation. 3ontractors and permittees shall technically and biologically rehabilitate the e#cavated minedout, tailings covered and disturbed areas to the condition of environmental safety, as may be provided in the implementing rules and regulations of this -ct. - mine rehabilitation fund shall be created, based on the contractor2s approved work program, and shall be deposited as a trust fund in a government depository bank and used for physical and social rehabilitation of areas and communities affected by mining activities and for research on the social, technical and preventive aspects of rehabilitation. *ailure to fulfill the above obligation shall mean immediate suspension or closure of the mining activities of the contractorCpermittee concerned.
C:A8TER (II AU(ILIARB 9ININ; RI;:TS
"ec. 79 Timber 6ights. -ny provision of law to the contrary notwithstanding, a contractor may be ranged a right to cut trees or timber within his mining area as may be necessary for his mining operations sub1ect to forestry laws, rules and regulations) 4rovided, That if the land covered by the mining area is already covered by e#isting timber concessions, the volume of timber needed and the manner of cutting and removal thereof shall be determined by the mines regional director, upon consultation with the contractor, the timber concessionaireCpermittee and the *orest (anagement Bureau of the =epartment) 4rovided, further, That in case of disagreement between the contractor and the timber concessionaire, the matter shall be submitted to the "ecretary whose decision shall be final. The contractor shall perform reforestation work within his mining area in accordance with forestry laws, rules and regulations.
"ec. 7A /ater 6ights. - contractor shall have water rights for mining operations upon approval of application with the appropriate government agency in accordance with e#isting water laws, rules and regulations promulgated thereunder) 4rovided, That water rights already granted or vested through long use, recogni0ed and acknowledged by local customs, laws, and decisions of courts shall not thereby be impaired) 4rovided further, That the >overnment reserves the right to regulate water rights and the reasonable and e;uitable distribution of water supply so as to prevent the monopoly of the use thereof.
"ec. 7D 6ight to 4ossess 5#plosives. - contractorC e#ploration permittee shall have the right to possess and use e#plosives within his contractCpermit area as may be necessary for his mining operations upon approval of an application with the appropriate government agency in accordance with e#isting laws, rules and regulations promulgated thereunder) 4rovided, That the >overnment reserves the right to regulate and control the e#plosive accessories to ensure safe mining operations.
"ec. 7B 5asement 6ights. /hen mining areas are so situated that for purposes of more convenient mining operations it is necessary to build, construct or install on the mining areas or lands owned, occupied or leased by other persons, such infrastructure as roads, railroads, mills, waste dump sites, tailings ponds, warehouses, staging or storage areas and port facilities, tramways, runways, airports, electric transmission, telephone or telegraph lines, dams and their normal flood and catchment areas, sites for water wells, ditches, canals, new river beds, pipelines, flumes, cuts, shafts, tunnels, or mills, the contractor, upon payment of 1ust compensation, shall be entitled to enter and occupy said mining areas or lands.
"ec. 7@ 5ntry into 4rivate 7ands and 3oncession -reas. "ub1ect to prior notification, holders of mining rights shall not be prevented from entry into private lands and concession areas by surface owners, occupants, or concessionaires when conducting mining operations therein) 4rovided, That any damage done to the property of the surface owner, occupant, or concessionaire as a conse;uence of such operations shall be properly compensated as may be provided for in the implementing rules and regulations) 4rovided, further, That to guarantee such compensation, the person authori0ed to conduct mining operation shall, prior thereto, post a bond with the regional director based on the type of properties, the prevailing prices in and around the area where the mining operations are to be conducted, with surety or sureties satisfactory to the regional director.
C:A8TER (III SETTLE9ENT O7 CON7LICTS
"ec. 77 4anel of -rbitrators. There shall be a panel of arbitraters in the regional office of the =epartment composed of three !A' members, two !9' of whom must be members of the 4hilippine Bar in good standing and one licensed mining engineer or a professional in a related field, and duly designated by the "ecretary as recommended by the (ines and >eosciences Bureau =irector. Those designated as members of the panel shall serve as such in addition to their work in the =epartment without receiving any additional compensation. -s much as practicable, said members shall come from the different bureaus of the =epartment in the region. The presiding officer shall be on a yearly basis. The members of the panel shall perform their duties and obligations in hearing and deciding cases until their designation is withdrawn or revoked by the "ecretary. /ithin thirty !A&' working days, after the submission of the case by the parties for decision, the panel shall have e#clusive and original 1urisdiction to hear and decide on the following)
!a' =isputes involving rights to mining areas+
!b' =isputes involving mineral agreements or permits+
!c' =isputes involving surface owners, occupants and claimholdersCconcessionaires+ and
!d' =isputes pending before the Bureau and the =epartment at the date of the effectivity of this -ct.
"ec. 7? -ppellate <urisdiction. The decision or order of the panel of arbitrators may be appealed by the party not satisfied thereto to the mines -d1udication Board within fifteen !$B' days from receipt thereof which must decide the case within thirty !A&' days from submission thereof for decision.
"ec. 7% (ines -d1udication Board. The (ines -d1udication Board shall be composed of three !A' members. The "ecretary shall be the chairman with the =irector of the (ines and >eosciences Bureau and the Fndersecretary for 8perations of the =epartment as member thereof. The Board shall have the following powers and functions)
!a' To promulgate rules and regulations governing the hearing and disposition of cases before it, as well as those pertaining to its internal functions, and such rules and regulations as may be necessary to carry out its functions+
!b' To administer oaths, summon the parties to a controversy, issue subpoenas re;uiring the attendance and testimony of witnesses or the production of such books, paper, contracts, records, statement of accounts, agreements, and other documents as may be material to a 1ust determination of the matter under investigation, and to testify in any investigation or hearing conducted in pursuance of this -ct+
!c' To conduct hearings on all matters within its 1urisdiction, proceed to hear and determine the disputes in the absence of any party thereto who has been summoned or served with notice to appear, conduct its proceedings or any part thereof in public or in private, ad1ourn its hearings at any time and place, refer technical matters or accounts to an e#pert and to accept his report as evidence after hearing of the parties upon due notice, direct parties to be 1oined in or e#cluded from the proceedings, correct, amend, or waive any error, defect or irregularity, whether in substance or in form, give all such directions at it may deem necessary or e#pedient in the determination of the dispute before it and dismiss the mining dispute as part thereof, where it is trivial or where further proceedings by the Board are not necessary or desirable+
!$' to hold any person in contempt, directly or indirectly, and impose appropriate penalties therefor+ and
!9' To en1oin any or all acts involving or arising from any case pending before it which, if not restrained forthwith, may cause grave or irreparable damage to any of the parties to the case or seriously affect social and economic stability.
.n any proceeding before the Board, the rules of evidence prevailing in courts of law or e;uity shall not be controlling and it is the spirit and intention of this -ct that shall govern. The Board shall use every and all reasonable means to ascertain the facts in each case speedily and ob1ectively and without regard to technicalities of law or procedure, all in the interest of due process. .n any proceeding before the Board, the parties may be represented by legal counsel. the findings of fact of the Board shall be conclusive and binding on the parties and its decision or order shall be final and e#ecutory.
- petition for review by certiorari and ;uestion of law may be filed by the aggrieved party with the "upreme 3ourt within thirty !A&' days from receipt of the order or decision of the Board.
C:A8TER (IV ;OVERN9ENT S:ARE
"ec. ?& >overnment "hare in (ineral 4roduction "haring -greement. The total government share in a mineral production sharing agreement shall be the e#cise ta# on mineral products as provided in 6epublic -ct ,o. 779%, amending "ection $B$!a' of the ,ational .nternal 6evenue 3ode, as amended.
"ec. ?$ >overnment "hare in 8ther (ineral -greements. The share of the >overnment in co production and 1ointventure agreements shall be negotiated by the >overnment and the contractor taking into consideration the) !a' capital investment of the pro1ect, !b' risks involved, !c' contribution of the pro1ect to the economy, and !d' other factors that will provide for a fair and e;uitable sharing between the >overnment and the contractor. The >overnment shall also be entitled to compensations for its other contributions which shall be agreed upon by the parties, and shall consist, among other things, the contractor2s income ta#, e#cise ta#, special allowance, withholding ta# due from the contractor2s foreign stockholders arising from dividend or interest payments to the said foreign stockholders, in case of a foreign national, and all such other ta#es, duties and fees as provided for under e#isting laws.
The >overnment share in financial or technical assistance agreement shall consist of, among other things, the contractor2s corporate income ta#, e#cise ta#, special allowance, withholding ta# due from the contractor2s foreign stockholders arising from dividend or interest payments to the said foreign stockholder in case of a foreign national and all such other ta#es, duties and fees as provided for under e#isting laws.
The collection of government share in financial or technical assistance agreement shall commence after the financial or technical assistance agreement contractor has fully recovered its preoperating e#penses, e#ploration, and development e#penditures, inclusive.
"ec. ?9 -llocation of >overnment "hare. The >overnment share as referred to in the preceding sections shall be shared and allocated in accordance with "ections 9%& and 9%9 of 6epublic -ct ,o. 7$@& otherwise known as the 7ocal >overnment 3ode of $%%$. .n case the development and utili0ation of mineral resources is undertaken by a government owned or controlled corporation, the sharing and allocation shall be in accordance with "ections 9%$ and 9%9 of the said 3ode.
C:A8TER (V TA(ES AND 7EES
"ec. ?A .ncome Ta#es. -fter the lapse of the income ta# holiday as provided for in the 8mnibus .nvestments 3ode, the contractor shall be liable to pay income ta# as provided in the ,ational .nternal 6evenue 3ode, as amended.
"ec. ?D 5#cise Ta# on (ineral 4roducts. The contractor shall be liable to pay the e#cise ta# on mineral products as provided for under "ection $B$ of the ,ational .nternal 6evenue 3ode) 4rovided, however, That with respect to a mineral production sharing agreement, the e#cise ta# on mineral products shall be the government share under said agreement.
"ec. ?B (ine /astes and Tailings *ees. - semi annual fee to be known as mine wastes and tailings fee is hereby imposed on all operating mining companies in accordance with the implementing rules and regulations. The mine wastes and tailings fee shall accrue to a reserve fund to be used e#clusively for payment for damages to)
!a' 7ives and personal safety+ !b' 7ands, agricultural crops and forest products, marine life and a;uatic resources, cultural resources+ and !c' .nfrastructure and the revegetation and rehabilitation of silted farm lands and other areas devoted to agriculture and fishing caused by mining pollution.
This is in addition to the suspension or closure of the activities of the contractor at any time and the penal sanctions imposed upon the same.
The "ecretary is authori0ed to increase mine wastes and tailings fees, when public interest so re;uires, upon the recommendation of the =irector.
"ec. ?@ 8ccupation *ees. There shall be collected from any holder of a mineral agreement, financial or technical assistance agreement or e#ploration permit on public or private lands, an annual occupation fee in accordance with the following schedule+
!a' *or e#ploration permit *ive pesos !4B.&&' per hectare or fraction thereof per annum+
!b' *or mineral agreements and financial or technical assistance agreements *ifty pesos !4B&.&&' per hectare or fraction thereof per annum+ and
!c' *or mineral reservation 8ne hundred pesos !4$&&.&&' per hectare or fraction thereof per annum.
The "ecretary is authori0ed to increase the occupation fees provided herein when the public interest so re;uires, upon recommendation of the Bureau =irector.
"ec. ?7 (anner of payment of *ees. The fees shall be paid on the date the mining agreement is registered with the appropriate office and on the same date every year thereafter. .t shall be paid to the treasurer of the municipality or city where the onshore mining areas are located, or to the =irector in case of offshore mining areas. *or this purpose, the appropriate officer shall submit to the treasurer of the municipality or city where the onshore mining area is located, a complete list of all onshore mining rights registered with his office, indicating therein the names of the holders, area in hectares, location, and date registered. .f the fee is not paid on the date specified, it shall be increased by twentyfive per centum !9BN'.
"ec. ?? -llocation of 8ccupation *ees. Thirty per centum !A&N' of all occupational fees collected from holders of mining rights in onshore mining areas shall accrue to the province and seventy per centum !7&N' to the municipality in which the onshore mining areas are located. .n a chartered city, the full amount shall accrue to the city concerned.
"ec. ?% *iling *ees and 8ther 3harges. The "ecretary is authori0ed to charge reasonable filing fees and other charges as he may prescribe in accordance with the implementing rules and regulations.
C:A8TER (VI INCENTIVES
"ec. %& .ncentives. The contractors in mineral agreements, and financial or technical assistance agreements shall be entitled to the applicable fiscal and nonfiscal incentives as provided for under 5#ecutive 8rder ,o. 99@, otherwise known as the 8mnibus .nvestments 3ode of $%?7) 4rovided, That holders of e#ploration permits may register with the Board of .nvestments and be entitled to the fiscal incentives granted under the said 3ode for the duration of the permits or e#tensions thereof) 4rovided, further, That mining activities shall always be included in the investment priorities plan.
"ec. %$ .ncentives for 4ollution 3ontrol =evices. 4ollution control devices ac;uired, constructed or installed by contractors shall not be considered as improvements on the land or building where they are placed, and shall not be sub1ect to real property and other ta#es or assessments) 4rovided, however, That payment of mine wastes and tailings fees is not e#empted.
"ec. %9 .ncome Ta#3arry *orward of 7osses. - net operating loss without the benefit of incentives incurred in any of the first ten !$&' years of operations may be carried over as a deduction from ta#able income for the ne#t five !B' years immediately following the year of such loss. The entire amount of the loss shall be carried over to the first of the five !B' ta#able years following the loss, and any portion of such loss which e#ceeds the ta#able income of such first year shall be deducted in like manner from the ta#able income of the ne#t remaining four !D' years.
"ec. %A .ncome Ta#-ccelerated =epreciation. *i#ed assets may be depreciated as follows)
!a' To the e#tent of not more than twice as fast as the normal rate of depreciation or depreciated at normal rate of depreciation if the e#pected life is ten !$&' years or less+ or
!b' =epreciated over any number of years between five !B' years and the e#pected life if the latter is more than ten !$&' years, and the depreciation thereon allowed as deduction from ta#able income) 4rovided, That the contractor notifies the Bureau of .nternal 6evenue at the beginning of the depreciation period which depreciation rate allowed by this section will be used.
.n computing for ta#able income, unless otherwise provided in this -ct, the contractor may, at his option, deduct e#ploration and development e#penditures accumulated at cost as of the date of the prospecting or e#ploration and development e#penditures paid or incurred during the ta#able year) 4rovided, That the total amount deductible for e#ploration and development e#penditures shall not e#ceed twentyfive per centum !9BN' of the net income from mining operations. The actual e#ploration and development e#penditures minus the twentyfive per centum !9BN' net income from mining shall be carried forward to the succeeding years until fully deducted.
,et income from mining operation is defined as gross income from operations less allowable deductions which are necessary or related to mining operations. -llowable deductions shall include mining, milling and marketing e#penses, depreciation or properties directly used in the mining operations. This paragraph shall not apply to e#penditures for the ac;uisition or improvement of property of a character which is sub1ect to the allowances for depreciation.
"ec. %D .nvestment >uarantees. The contractor shall be entitled to the basic rights and guarantees provided in the 3onstitution and such other rights recogni0ed by the government as enumerated hereunder.
!a' 6epatriation of investments. The right to repatriate the entire proceeds of the li;uidation of the foreign investment in the currency in which the investment was originally made and at the e#change rate prevailing at the time of repatriation.
!b' 6emittance of earnings. The right to remit earnings from the investment in the currency in which the foreign investment was originally made at the e#change rate prevailing at the time of remittance.
!c' *oreign loans and contracts. The right to remit at the e#change rate prevailing at the time of remittance such sums as may be necessary to meet the payments of interest and principal on foreign loans and foreign obligations arising from financial or technical assistance contracts.
!d' *reedom from e#propriation. The right to be free from e#propriation by the government of the property represented by investments or loans, or of the property of the enterprise e#cept for public use or in the interest of national welfare or defense and upon payment of 1ust compensation. .n such cases, foreign investors or enterprises shall have the right to remit sums received as compensation for the e#propriated property in the currency in which the investment was originally made and at the e#change rate prevailing at the time of remittance.
!e' 6e;uisition of investment. The right to be free from re;uisition of the property represented by the investment or of the property of the enterprises e#cept in case of war or national emergency and only for the duration thereof. <ust compensation shall be determined and paid either at the time or immediately after cessation of the state of war or national emergency. 4ayments received as compensation for the re;uisitioned property may be remitted in the currency in which the investments were originally made and at the e#change rate prevailing at the time of remittance.
!f' 3onfidentiality. -ny confidential information supplied by the contractor pursuant to this -ct and its implementing rules and regulations shall be treated as such by the department and the >overnment, and during the term of the pro1ect to which it relates.
C:A8TER (VII ;ROUND 7OR CANCELLATION) REVOCATION) AND TER9INATION
"ec. %B 7ate or ,onfiling of 6e;uirements. *ailure of the permittee or contractor to comply with any of the re;uirements provided in this -ct or in its implementing rules and regulations, without a valid reason, shall be sufficient ground from the suspension of any permit or agreement provided under this -ct.
"ec. %@ Giolation of the Terms and 3onditions of 4ermits or -greements. Giolations of the terms and conditions of the permits or agreements shall be a sufficient ground for cancellation of the same.
"ec. %7 ,onpayment of ta#es and *ees. *ailure to pay the ta#es and fees due the >overnment for two !9' consecutive years shall cause the cancellation of the e#ploration permit, mineral agreement, financial or technical assistance agreement and other agreements and the reopening of the area sub1ect thereof to new applicants.
"ec. %? "uspension or 3ancellation of Ta# .ncentives and 3redits. *ailure to abide by the terms and conditions of ta# incentives and credits shall cause the suspension or cancellation of said incentives and credits.
"ec. %% *alsehood or 8mission of *acts in the "tatement. -ll statements made in the e#ploration permit, mining agreement and financial or technical assistance shall be considered as conditions and essential parts thereof and any falsehood in said statements or omission of facts therein which may alter, change or affect substantially the facts set forth in said statements may cause the revocation and termination of the e#ploration permit, mining agreement and financial or technical assistance agreement.
C:A8TER (VIII OR;ANIKATIONAL AND INSTITUTIONAL ARRAN;E9ENT
"ec. $&& *rom "taff Bureau to 7ine Bureau. The (ines and >eosciences Bureau is hereby transformed into a line bureau consistent with "ection % of this -ct) 4rovided, That under the (ines and >eosciences Bureau shall be the necessary mines regional, district and other pertinent offices the number and specific functions of which shall be provided in the implementing rules and regulations of this -ct.
C:A8TER (I( 8ENAL 8ROVISIONS
"ec. $&$ *alse "tatements. -ny person who knowingly presents any false application, declaration, or evidence to the >overnment or publishes or causes to be published any prospectus or other information containing any false statement relating to mines, mining operations or mineral agreements, financial or technical assistance agreements and permits shall, upon conviction, be penali0ed by a fine of not e#ceeding Ten Thousand 4esos !4$&,&&&.&&'.
"ec. $&9 .llegal 5#ploration. -ny person undertaking e#ploration work without the necessary e#ploration permit shall, upon conviction, be penali0ed by a fine of not e#ceeding *ifty thousand pesos !4B&,&&&.&&'.
"ec. $&A Theft of (inerals. -ny person e#tracting minerals and disposing the same without a mining agreement, lease, permit, license, or steals minerals or ores or the products thereof from mines or mills or processing plants shall, upon conviction, be imprisoned from si# !@' months to si# !@' years or pay a fine from Ten thousand pesos !4$&,&&&.&&' to Twenty thousand pesos !49&,&&&.&&', or both, at the discretion of the appropriate court. .n addition, he shall be liable to pay damages and compensation for the minerals removed, e#tracted, and disposed of. .n the case of associations, partnerships, or corporations, the president and each of the directors thereof shall be responsible for the acts committed by such association, corporation, or partnership.
"ec. $&D =estruction of (ining "tructures. -ny person who willfully destroys or damages structures in or on the mining area or on the mill sites shall, upon conviction, be imprisoned for a period not to e#ceed five !B' years and shall, in addition, pay compensation for the damages which may have been caused thereby.
"ec. $&B (ines -rson. -ny person who willfully sets fire to any mineral stockpile, mine or workings, fittings or a mine, shall be guilty of arson and shall be punished, upon conviction, by the appropriate court in accordance with the provisions of the 6evised 4enal 3ode and shall, in addition, pay compensation for the damages caused thereby.
"ec. $&@ /illful =amage to a (ine. -ny person who willfully damages a mine, unlawfully causes water to run into a mine, or obstructs any shaft or passage to a mine, or renders useless, damages or destroys any machine, appliance, apparatus+ rope, chain, tackle, or any other things used in a mine, shall be punished, upon conviction, by the appropriate court, by imprisonment not e#ceeding a period of five !B' years and shall, in addition, pay compensation for the damages caused thereby.
"ec. $&7 .llegal 8bstruction to 4ermittees or 3ontractors. -ny person who, without 1ustifiable cause, prevents or obstructs the holder of any permit, agreement or lease from undertaking his mining operations shall be punished, upon conviction by the appropriate court, by a fine not e#ceeding *ive thousand pesos !4B,&&&.&&' or imprisonment not e#ceeding one !$' year, or both, at the discretion of the court.
"ec. $&? Giolation of the Terms and 3onditions of the 5nvironmental 3ompliance 3ertificate. -ny person who willfully violates or grossly neglects to abide by the terms and conditions of the environmental compliance certificate issued to said person and which causes environmental damage through pollution shall suffer the penalty of imprisonment of si# !@' months to si# !@' years or a fine of *ifty thousand pesos !4B&,&&&.&&' to Two :undered Thousand 4esos !49&&,&&&.&&', or both at the discretion of the court.
"ec. $&% .llegal 8bstruction to >overnment 8fficials. -ny person who illegally prevents or obstructs the "ecretary, the =irector or any of their representatives in the performance of their duties under the provisions of this -ct and of the regulations promulgated hereunder shall be punished, upon conviction, by the appropriate court, by a fine not e#ceeding *ive thousand pesos !4B,&&&.&&' or by imprisonment not e#ceeding one !$' year, or both, at the discretion of the court.
"ec. $$& 8ther Giolations. -ny other violation of this -ct and its implementing rules and regulations shall constitute an offense punishable with a fine not e#ceeding five thousand pesos !4B,&&&.&&'.
"ec. $$$ *ines. The "ecretary is authori0ed to charge fines for late or nonsubmission of reports in accordance with the implementing rules and regulations of this -ct RE8UBLIC ACT NO& .6.? 0eole1s 2mall-scale 'ining Act "ec. 9. =eclaration of 4olicy. Q .t is hereby declared of the "tate to promote, develop, protect and rationali0e viable smallscale mining activities in order to generate more employment opportunities and provide an e;uitable sharing of the nation2s wealth and natural resources, giving due regard to e#isting rights as herein provided. "ec. A. =efinitions. Q *or purposes of this -ct, the following terms shall be defined as follows) !a' I(inerali0ed areasI refer to areas with naturally occurring mineral deposits of gold, silver, chromite, kaolin, silica, marble, gravel, clay and like mineral resources+ !b' I"mallscale miningI refers to mining activities which rely heavily on manual labor using simple implement and methods and do not use e#plosives or heavy mining e;uipment+ !c' I"mallscale minersI refer to *ilipino citi0ens who, individually or in the company of other *ilipino citi0ens, voluntarily form a cooperative duly licensed by the =epartment of 5nvironment and ,atural 6esources to engage, under the terms and conditions of a contract, in the e#traction or removal of minerals or orebearing materials from the ground+ !d' I"mallscale mining contractI refers to co production, 1oint venture or mineral production sharing agreement between the "tate and a small scale mining contractor for the smallscale utili0ation of a plot of mineral land+ !e' I"mallscale mining contractorI refers to an individual or a cooperative of smallscale miners, registered with the "ecurities and 5#change 3ommission or other appropriate government agency, which has entered into an agreement with the "tate for the smallscale utili0ation of a plot of mineral land within a people2s smallscale mining area+ !f' I-ctive mining areaI refers to areas under actual e#ploration, development, e#ploitation or commercial production as determined by the "ecretary after the necessary field investigation or verification including contiguous and geologically related areas belonging to the same claimowner andCor under contract with an operator, but in no case to e#ceed the ma#imum area allowed by law+ !g' I5#isting mining rightI refers to perfected and subsisting claim, lease, license or permit covering a minerali0ed area prior to its declaration as a people2s smallscale mining area+ !h' I3laimownerI refers to a holder of an e#isting mining right+ !i' I4rocessorI refers to a person issued a license to engage in the treatment of minerals or orebearing materials such as by gravity concentration, leaching benefication, cyanidation, cutting, si0ing, polishing and other similar activities+ !1' I7icenseI refers to the privilege granted to a person to legitimately pursue his occupation as a smallscale miner or processor under this -ct+ !k' I(ining planI refers to a twoyear program of activities and methodologies employed in the e#traction and production of minerals or orebearing materials, including the financial plan and other resources in support thereof+ !l' I=irectorI refers to the regional e#ecutive director of the =epartment of 5nvironment and ,atural 6esources+ and !m' I"ecretaryI refers to the "ecretary of the =epartment of 5nvironment and ,atural 6esources. "ec. D. 4eople2s "mallscale (ining 4rogram. Q *or the purpose of carrying out the declared policy provided in "ection 9 hereof, there is hereby established a 4eople2s "mallscale (ining 4rogram to be implemented by the "ecretary of the =epartment of 5nvironment and ,atural 6esources, hereinafter called the =epartment, in coordination with other concerned government agencies, designed to achieve an orderly, systematic and rational scheme for the smallscale development and utili0ation of mineral resources in certain mineral areas in order to address the social, economic, technical, and environmental connected with smallscale mining activities. The 4eople2s "mallscale (ining 4rogram shall include the following features) !a' The identification, segregation and reservation of certain mineral lands as people2s smallscale mining areas+ !b' The recognition of prior e#isting rights and productivity+ !c' The encouragement of the formation of cooperatives+ !d' The e#tension of technical and financial assistance, and other social services+ !e' The e#tension of assistance in processing and marketing+ !f' The generation of ancillary livelihood activities+ !g' The regulation of the smallscale mining industry with the view to encourage growth and productivity+ and !h' The efficient collection of government revenue. "ec. B. =eclaration of 4eople2s "mallscale (ining -reas. Q The Board is hereby authori0ed to declare and set aside people2s smallscale mining areas in sites onshore suitable for smallscale mining, sub1ect to review by the "ecretary, immediately giving priority to areas already occupied and actively mined by smallscale miners before -ugust $, $%?7) 4rovided, That such areas are not considered as active mining areas) 4rovided, further, That the minerals found therein are technically and commercially suitable for smallscale mining activities) 4rovided, finally, That the areas are not covered by e#isting forest rights or reservations and have not been declared as tourist or marine reserved, parks and wildlife reservations, unless their status as such is withdrawn by competent authority. "ec. @. *uture 4eople2s "mallscale (ining -reas. Q The following lands, when suitable for smallscale mining, may be declared by the Board as people2s small scale mining areas) !a' 4ublic lands not sub1ect to any e#isting right+ ;i !b' 4ublic lands covered by e#isting mining rights which are not active mining areas+ and !c' 4rivate lands, sub1ect to certain rights and conditions, e#cept those with substantial improvements or in bona fide and regular use as a yard, stockyard, garden, plant nursery, plantation, cemetery or burial site, or land situated within one hundred meters !$&& m.' from such cemetery or burial site, water reservoir or a separate parcel of land with an area of ten thousand s;uare meters !$&,&&& s;. m.' or less. "ec. 7. -ncestral 7ands. Q ,o ancestral land may be declared as a people2s smallscale mining area without the prior consent of the cultural communities concerned) 4rovided, That, if ancestral lands are declared as people2s smallscale mining areas, the members of the cultural communities therein shall be given priority in the awarding of smallscale mining contracts. "ec. ?. 6egistration of "mallscale (iners. Q -ll persons undertaking smallscale mining activities shall register as miners with the Board and may organi0e themselves into cooperatives in order to ;ualify for the awarding of a people2s smallscale mining contract. "ec. %. -ward of 4eople2s "mallscale (ining 3ontracts. Q - people2s smallscale mining contract may be awarded by the Board to smallscale miners who have voluntarily organi0ed and have duly registered with the appropriate government agency as an individual miner or cooperative+ 4rovided, That only one !$' people2s smallscale mining contract may be awarded at any one time to a smallscale mining operations within one !$' year from the date of award) 4rovided, further, That priority shall be given or city where the smallscale mining area is located. -pplications for a contract shall be sub1ect to a reasonable fee to be paid to the =epartment of 5nvironment and ,atural 6esources regional office having 1urisdiction over the area. "ec. $&. 5#tent of 3ontract -rea. Q The Board shall determine the reasonable si0e and shape of the contract area following the meridional block system established under 4residential =ecree ,o. D@A, as amended, otherwise known as the (ineral 6esources =evelopment =ecree of $%7D, but in no case shall the area e#ceed twenty hectares !9& has.' per contractor and the depth or length of the tunnel or adit not e#ceeding that recommended by the director taking into account the following circumstances) !a' "i0e of membership and capitali0ation of the cooperative+ !b' "i0e of minerali0ed area+ !c' Yuantity of mineral deposits+ !d' "afety of miners+ !e' 5nvironmental impact and other considerations+ and !f' 8ther related circumstances. "ec. $$. 5asement 6ights. Q Fpon the declaration of a people2s smallscale mining area, the director, in consultation with the operator, claimowner, landowner or lessor of an affected area, shall determine the right of the small scale miners to e#isting facilities such as mining and logging roads, private roads, port and communication facilities, processing plants which are necessary for the effective implementation of the 4eople2s "mallscale (ining 4rogram, sub1ect to payment of reasonable fees to the operator, claimowner, landowner or lessor. "ec. $9. 6ights Fnder a 4eople2s "mallscale (ining 3ontract. Q - people2s smallscale mining contract entitles the smallscale mining contractor to the right to mine, e#tract and dispose of mineral ores for commercial purposes. .n no case shall a smallscale mining contract be subcontracted, assigned or otherwise transferred. "ec. $A. Terms and 3onditions of the 3ontract. Q - contract shall have a term of two !9' years, renewable sub1ect to verification by the Board for like periods as long as the contractor complies with the provisions set forth in this -ct, and confers upon the contractor the right to mine within the contract area) 4rovided, That the holder of a smallscale mining contract shall have the following duties and obligations) !a' Fndertake mining activities only in accordance with a mining plan duly approved by the Board+ !b' -bide by the (ines and >eosciences Bureau and the smallscale (ining "afety 6ules and 6egulations+ !c' 3omply with his obligations to the holder of an e#isting mining right+ !d' 4ay all ta#es, royalties or government production share as are now or may hereafter be provided by law+ !e' 3omply with pertinent rules and regulations on environmental protection and conservation, particularly those on treecutting mineralprocessing and pollution control+ !f' *ile under oath at the end of each month a detailed production and financial report to the Board+ and !g' -ssume responsibility for the safety of persons working in the mines. "ec. $D. 6ights of 3laimowners. Q .n case a site declared and set aside as a people2sscale mining area is covered by an e#isting mining right, the claimowner and the smallscale miners therein are encouraged to enter into a voluntary and acceptable contractual agreement with respect to the small scale utili0ation of the mineral values from the area under claim. .n case of disagreement, the claimowner shall be entitled to the following rights and privileges) !a' 5#emption from the performance of annual work obligations and payment of occupation fees, rental, and real property ta#es+ !b' "ub1ect to the approval of the Board, free access to the contract area to conduct metallurgical tests, e#plorations and other activities, provided such activities do not unduly interfere with the operations of the smallscale miners+ and !c' 6oyalty e;uivalent to one and one half percent !$ $C9N' of the gross value of the metallic mineral output or one percent !$N' of the gross value of the nonmetallic mineral output to be paid to the claimowner) 4rovided, That such rights and privileges shall be available only if he is not delin;uent and other performance of his annual work obligations and other re;uirements for the last two !9' years prior to the effectivity of this -ct. "ec. $B. 6ights of 4rivate 7andowners. Q The private landowner or lawful possessor shall be notified of any plan or petition to declare his land as a people2s smallscale mining area. "aid landowner may oppose such plan or petition in an appropriate proceeding and hearing conducted before the Board. .f a private land is declared as a people2s smallscale mining area, the owner and the smallscale mining contractors are encouraged to enter into a voluntary and acceptable contractual agreement for the small scale utili0ation of the mineral values from the private land) 4rovided, That the owner shall in all cases be entitled to the payment of actual damages which he may suffer as a result of such declaration) 4rovided, further, That royalties paid to the owner shall in no case e#ceed one percent !$N' of the gross value of the minerals recovered as royalty. "ec. $@. 8wnership of (ill Tailings. Q The small scale mining contractor shall be the owner of all mill tailings produced from the contract area. :e may sell the tailings or have them processed in any custom mill in the area) 4rovided, That, if the smallscale mining contractor decide to sell its mill tailings, the claimowner shall have a preemptive right to purchase said mill tailings at the prevailing market price. "ec. $7. "ale of >old. Q -ll gold produced by small scale miners in any mineral area shall be sold to the 3entral Bank, or its duly authori0ed representatives, which shall buy it at prices competitive with those prevailing in the world market regardless of volume or weight. The 3entral Bank shall establish as many buying stations in goldrush areas to fully service the re;uirements of the smallscale minerals thereat. "ec. $?. 3ustom (ills. Q The establishment and operation of safe and efficient customs mills to process minerals or orebearing materials shall be limited to mineral processing 0ones duly designated by the local government unit concerned upon recommendation of the Board. .n mining areas where the private sector is unable to establish custom mills, the >overnment shall construct such custom mills upon the recommendation of the Board based on the viability of the pro1ect. The Board shall issue licenses for the operation of custom mills and other processing plants sub1ect to pollution control and safety standards. The =epartment shall establish assay laboratories to crosscheck the integrity of custom mills and to render metallurgical and laboratory services to mines. 3ustom mills shall be constituted as withholding agents for the royalties, production share or other ta#es due the >overnment. "ec. $%. >overnment "hare and -llotment. Q The revenue to be derived by the >overnment from the operation of the mining program herein established shall be sub1ect to the sharing provided in the 7ocal >overnment 3ode. "ec. 9&. 4eople2s "mallscale (ining 4rotection *und. Q There is hereby created a 4eople2s "mall scale (ining 4rotection *und which shall be fifteen percent !$BN' of the national government2s share due the >overnment which shall be used primarily for information dissemination and training of small scale miners on safety, health and environmental protection, and the establishment of mine rescue and recovery teams including the procurement of rescue e;uipment necessary in cases of emergencies such as landslides, tunnel collapse, or the like. The fund shall also be made available to address the needs of the smallscale miners brought about by accidents andCor fortuitous events. "ec. 9$. 6escission of 3ontracts and -dministrative *ines. Q The noncompliance with the terms and conditions of the contract or violation of the rules and regulations issued by the "ecretary pursuant to this -ct, as well as the abandonment of the mining site by the contractor, shall constitute a ground for the cancellation of the contracts and the e1ectment from the people2s smallscale mining area of the contractor. .n addition, the "ecretary may impose fines against the violator in an amount of not less than Twenty thousand pesos !49&,&&&.&&' and not more than 8ne hundred thousand pesos !4$&&,&&&.&&'. ,onpayment of the fine imposed shall render the smallscale mining contractor ineligible for other smallscale mining contracts. "ec. 99. 6eversion of 4eople2s "mallscale (ining -reas. Q The "ecretary, upon recommendation of the director, shall withdraw the status of the people2s smallscale mining area when it can no longer feasibly operated on a smallscale mining basis or when the safety, health and environmental conditions warrant that the same shall revert to the "tate for proper disposition. "ec. 9A. -ctual 8ccupation by "mallscale (iners. Q "mallscale miners who have been in actual operation of mineral lands on or before -ugust $, $%?7 as determined by the Board shall not be dispossessed, e1ected or removed from said areas) 4rovided, That they comply with the provisions of this -ct. "ec. 9D. 4rovincialC3ity (ining 6egulatory Board. Q There is hereby created under the direct supervision and control of the "ecretary a provincialCcity mining regulatory board, herein called the Board, which shall be the implementing agency of the =epartment, and shall e#ercise the following powers and functions, sub1ect to review by the "ecretary) !a' =eclare and segregate e#isting goldrush areas for smallscale mining+ !b' 6eserve future gold and other mining areas for smallscale mining+ !c' -ward contracts to smallscale miners+ !d' *ormulate and implement rules and regulations related to smallscale mining+ !e' "ettle disputes, conflicts or litigations over conflicting claims within a people2s smallscale mining area, an area that is declared a smallmining+ and !f' 4erform such other functions as may be necessary to achieve the goals and ob1ectives of this -ct. "ec. 9B. 3omposition of the 4rovincialC3ity (ining 6egulatory Board. Q The Board shall be composed of the =epartment of 5nvironment and ,atural 6esources representative as 3hairman+ and the representative of the governor or city mayor, as the representative of the governor or city mayor, as the case may be, one !$' small scale mining representative, one !$' bigscale mining representative, and the representative from a nongovernment organi0ation who shall come from an environmental group, as members. The representatives from the private sector shall be nominated by their respective organi0ations and appointed by the =epartment regional director. The =epartment shall provide the staff support to the Board. "ec. 9@. -dministrative "upervision over the 4eople2s "mallscale (ining 4rogram. Q The "ecretary through his representative shall e#ercise direct supervision and control over the program and activities of the smallscale miners within the people2s smallscale mining area. The "ecretary shall within ninety !%&' days from the effectivity of this -ct promulgate rules and regulations to effectively implement the provisions of the same. 4riority shall be given to such rules and regulations that will ensure the least disruption in the operations of the smallscale miners. "ec. 97. 4enal "anctions. Q Giolations of the provisions of this -ct or of the rules and regulations issued pursuant hereto shall be penali0ed with imprisonment of not less than si# !@' months nor more than si# !@' years and shall include the confiscation and sei0ure of e;uipment, tools and instruments. Cases La Bu'al Blaan Tri"al Association Inc&) et al& V& Victor O& Ra5os) Secretar$ De/art5ent of En4iron5ent an% Natural ResourcesN :oracio Ra5os) Director) 9ines an% ;eosciences Bureau 19;BHDENR2N &%e constitutional pro;ision allowing t%e ,resident to enter into 9&AAs is an e=ception to t%e rule t%at participation in t%e nations natural resources is reser;ed e=clusi;el( to 9ilipinos ,ro;ision must )e construed strictl( against t%eir enFo(ment )( non+ 9ilipinos 6- 7%D9 !The 4hilippine (ining -ct' took effect on -pril %, $%%B. Before the effectivity of 6- 7%D9, or on (arch A&, $%%B, the 4resident signed a *inancial and Technical -ssistance -greement !*T--' with /(34, a corporation organi0ed under 4hilippine laws, covering close to $&&, &&& hectares of land in "outh 3otabato, "ultan Xudarat, =avao del "ur and ,orth 3otabato. 8n -ugust $B, $%%B, the 5nvironment "ecretary Gictor 6amos issued =5,6 -dministrative 8rder %B9A, which was later repealed by =5,6 -dministrative 8rder %@D&, adopted on =ecember 9&, $%%@. 4etitioners prayed that 6- 7%D9, its implementing rules, and the *T-- between the government and /(34 be declared unconstitutional on ground that they allow fully foreign owned corporations like /(34 to e#ploit, e#plore and develop 4hilippine mineral resources in contravention of -rticle M.. "ection 9 paragraphs 9 and D of the 3harter. .n <anuary 9&&$, ((3 P a publicly listed -ustralian mining and e#ploration company P sold its whole stake in /(34 to "agittarius (ines, @&N of which is owned by *ilipinos while D&N of which is owned by .ndophil 6esources, an -ustralian company. =5,6 approved the transfer and registration of the *T-- in "agittarius name but 7epanto 3onsolidated assailed the same. The latter case is still pending before the 3ourt of -ppeals. 58 97%, issued by former 4resident -;uino on <uly 9B, $%?7, authori0es the =5,6 to accept, consider and evaluate proposals from foreign owned corporations or foreign investors for contracts or agreements involving either technical or financial assistance for large scale e#ploration, development and utili0ation of minerals which upon appropriate recommendation of the !=5,6' "ecretary, the president may e#ecute with foreign proponent. /(34 likewise contended that the annulment of the *T-- would violate a treaty between the 4hilippines and -ustralia which provides for the protection of -ustralian investments. .""F5") $. /hether or not the 4hilippine (ining -ct is unconstitutional for allowing fully foreign owned corporations to e#ploit 4hilippine mineral resources 9. /hether or not the *T-- between the government and /(34 is a service contract that permits fully foreign owned companies to e#ploit 4hilippine mineral resources A. /hether the 3ourt has a role in the e#ercise of the power of control over the 5=F of our natural resources :57=) $' 6- 7%D9 or the 4hilippine (ining -ct of $%%B is unconstitutional for permitting fully foreign owned corporations to e#ploit 4hilippine natural resources. -rticle M.. "ection 9 of the $%?7 3onstitution retained the 6egalian doctrine which states that -ll lands of the public domain, waters, minerals, coal, petroleum, and other minerals, coal, petroleum, and other mineral oils, all forces of potential energy, fisheries, forests or timber, wildlife, flora and fauna, and other natural resources are owned by the "tate. The same section also states that, e#ploration and development and utili0ation of natural resources shall be under the full control and supervision of the "tate. 3onspicuously absent in "ection 9 is the provision in the $%AB and $%7A 3onstitutions authori0ing the "tate to grant licenses, concessions, or leases for the e#ploration, e#ploitation, development or utili0ation of natural resources. T such omission, the utili0ation of inalienable lands of public domain through license, concession or lease is no longer allowed under the $%?7 3onstitution. Fnder the concession system, the concessionaire makes a direct e;uity investment for the purpose of e#ploiting a particular natural resource within a given area. The concession amounts to complete control by the concessionaire over the countrys natural resource, for it is given e#clusive and plenary rights to e#ploit a particular resource at the point of e#traction. The $%?7 3onstitution, moreover, has deleted the phrase management or other forms of assistance in the $%7A 3harter. The present 3onstitution now allows only technical and financial assistance. The management or operation of mining activities by foreign contractors, the primary feature of service contracts was precisely the evil the drafters of the $%?7 3onstitution sought to avoid. The constitutional provision allowing the 4resident to enter into *T--s is an e#ception to the rule that participation in the nations natural resources is reserved e#clusively to *ilipinos. -ccordingly such provision must be construed strictly against their en1oyment by non*ilipinos. Therefore 6- 7%D9 is invalid insofar as said act authori0es service contracts. -lthough the statute employs the phrase financial and technical agreements in accordance with the $%?7 3onstitution, its pertinent provisions actually treat these agreements as service contracts that grant beneficial ownership to foreign contractors contrary to the fundamental law. The underlying assumption in the provisions of the law is that the foreign contractor manages the mineral resources 1ust like the foreign contractor in a service contract. By allowing foreign contractors to manage or operate all the aspects of the mining operation, 6- 7%D9 has in effect conveyed beneficial ownership over the nations mineral resources to these contractors, leaving the "tate with nothing but bare title thereto. The same provisions, whether by design or inadvertence, permit a circumvention of the constitutionally ordained @&D&N capitali0ation re;uirement for corporations or associations engaged in the e#ploitation, development and utili0ation of 4hilippine natural resources. /hen parts of a statute are so mutually dependent and connected as conditions, considerations, inducements or compensations for each other as to warrant a belief that the legislature intended them as a whole, then if some parts are unconstitutional, all provisions that are thus dependent, conditional or connected must fall with them. Fnder -rticle M.. "ection 9 of the $%?7 3harter, foreign owned corporations are limited only to merely technical or financial assistance to the "tate for large scale e#ploration, development and utili0ation of minerals, petroleum and other mineral oils. 9' The *T-- between /(34 and the 4hilippine government is likewise unconstitutional since the agreement itself is a service contract. "ection $.A of the *T-- grants /(34, a fully foreign owned corporation, the e#clusive right to e#plore, e#ploit, utili0e and dispose of all minerals and by products that may be produced from the contract area. "ection $.9 of the same agreement provides that /(34 shall provide all financing, technology, management, and personnel necessary for the (ining 8perations. These contractual stipulations and related provisions in the *T-- taken together, grant /(34 beneficial ownership over natural resources that properly belong to the "tate and are intended for the benefit of its citi0ens. These stipulations are abhorrent to the $%?7 3onstitution. They are precisely the vices that the fundamental law seeks to avoid, the evils that it aims to suppress. 3onse;uently, the contract from which they spring must be struck down. A' The 3hief 5#ecutive is the official constitutionally mandated to enter into agreements with foreign owned corporations. 8n the other hand, 3ongress may review the action of the 4resident once it is notified of every contract entered into in accordance with this KconstitutionalL provision within thirty days from its e#ecution. .n contrast to this e#press mandate of the 4resident and 3ongress in the e#ploration, development and utili0ation !5=F' of natural resources, -rticle M.. of the 3onstitution is silent on the role of the 1udiciary. :owever, should the 4resident andCor 3ongress gravely abuse their discretion in this regard, the courts may in a proper case e#ercise their residual duty under -rticle G.... 3learly then, the 1udiciary should not inordinately interfere in the e#ercise of this presidential power of control over the 5=F of our natural resources. Fnder the doctrine of separation of powers and due respect for coe;ual and coordinate branches of government, the 3ourt must restrain itself from intruding into policy matters and must allow the 4resident and 3ongress ma#imum discretion in using the resources of our country and in securing the assistance of foreign groups to eradicate the grinding poverty of our people and answer their cry for viable employment opportunities in the country. The 1udiciary is loath to interfere with the due e#ercise by coe;ual branches of government of their official functions. -s aptly spelled out seven decades ago by <ustice >eorge (alcolm, <ust as the "upreme 3ourt, as the guardian of constitutional rights, should not sanction usurpations by any other department of government, so should it as strictly confine its own sphere of influence to the powers e#pressly or by implication conferred on it by the 8rganic -ct. 7et the development of the mining industry be the responsibility of the political branches of government. -nd let not the 3ourt interfere inordinately and unnecessarily. The 3onstitution of the 4hilippines is the supreme law of the land. .t is the repository of all the aspirations and hopes of all the people. The 3onstitution should be read in broad, lifegiving strokes. .t should not be used to strangulate economic growth or to serve narrow, parochial interests. 6ather, it should be construed to grant the 4resident and 3ongress sufficient discretion and reasonable leeway to enable them to attract foreign investments and e#pertise, as well as to secure for our people and our posterity the blessings of prosperity and peace. The 3ourt fully sympathi0e with the plight of 7a Bugal Blaan and other tribal groups, and commend their efforts to uplift their communities. :owever, the 3ourt cannot 1ustify the invalidation of an otherwise constitutional statute along with its implementing rules, or the nullification of an otherwise legal and binding *T-- contract. The 3ourt believes that it is not unconstitutional to allow a wide degree of discretion to the 3hief 5#ecutive, given the nature and comple#ity of such agreements, the humongous amounts of capital and financing re;uired for largescale mining operations, the complicated technology needed, and the intricacies of international trade, coupled with the "tates need to maintain fle#ibility in its dealings, in order to preserve and enhance our countrys competitiveness in world markets. 8n the basis of this control standard, the 3ourt upholds the constitutionality of the 4hilippine (ining 7aw, its .mplementing 6ules and 6egulations insofar as they relate to financial and technical agreements as well as the sub1ect *inancial and Technical -ssistance -greement "eparate 8pinion of <ustice 4anganiban The *T-- is now to be implemented by a *ilipino corporation, therefore the 3ourt can no longer declare it unconstitutional. The 3- case is a dispute between two *ilipino corporations !"agittarius and 7epanto' both claiming the right to purchase the foreign shares in /(34. 6egardless of which side eventually prevails, the *T-- would still be in the hands of a ;ualified *ilipino firm. The present 3onstitution, moreover, does not limit foreign participation in the e#ploration, development and utili0ation of minerals, petroleum and mineral oils to financial or technical assistance. The drafters choice of words and e#cerpts from deliberations of the 3onstitutional 3ommission reveal that the present 3harter did not limit to financial or technical assistance the participation of foreign corporations in the largescale e#ploration, development, and utili0ation of minerals, petroleum and mineral oils. The drafters use of the phrase agreements ### involving ### technical or financial assistance P in -rticle M.. "ection 9 of the $%?7 3harter does not absolutely show intent to e#clude other modes of assistance. 6ather the phrase signifies the possibility of the inclusion of other activities, provided they bear some reasonable relationship to and compatibility with financial or technical assistance. .f the drafters intended to strictly confine foreign corporations to financial or technical assistance only, they would have employed restrictive or stringent language. 5#cerpts from then deliberations of the 3onstitutional 3ommission likewise show that its members discussed technical or financial assistance agreements in the same breath as service contracts and used the terms interchangeably. The members of the 3oncom actually had in mind the (arcosera service contracts that they were more familiar with !but which they duly modified and restricted so as to prevent present abuses', when they were crafting and polishing the provisions dealing with financial andCor technical assistance agreements. The 3oncom discussions in their entirely had to do with service contracts that might be given to foreign owned corporations as e#ceptions to the general principle of *ilipino control of the economy
4roclamation ,o. A@% was issued to establish the -gusan=avao"urigao *orest 6eserve.3amilo Banad and his group, who claimed to have first discovered traces of gold in (ount =iwata, filed a=eclaration of 7ocation for si# mining claims in the area. -pe# (ining 3orporation entered intooperating agreements with Banad and his group.(arcopper (ining 3orporation filed mining claims for areas ad1acent to the area covered by the =87 of Banad and his group. ((3 abandoned the claims and instead applied for a prospecting permit with theBureau of *orest =evelopment. B*= issued a 4rospecting 4ermit to ((3 covering an area within theforest reserve under 4roclamation ,o. A@%. The permit embraced the areas claimed by -pe# and the other individual mining claimants. ((3 filed before the B(> a 4etition for the 3ancellation of the (ining3laims of -pe# and "mall "cale (ining 4ermits. ((3 alleged that the areas covered by its 54 $AA and the mining claims of -pe# were within an established and e#isting forest reservation. -pe# filed a motion to dismiss ((3Zs petition alleging that its mining claims are not within any established or proclaimed forest reserve, and as such, the ac;uisition of mining rights thereto must be undertaken via registration of =87 with the B(> and not through the filing of application for permit to prospect with the B*=. :owever, "upreme 3ourt rendered a =ecision against -pe# holding that the disputed area is a forest reserve+ hence, the proper procedure in ac;uiring mining rights therein is by initially applying for a permit to prospect with the B*= and not through a registration of =87 with the B(>. =5,6 issued =epartment -dministrative 8rder ,o. @@ declaring areas covered by the -gusan =avao"urigao *orest 6eserve as nonforest lands and open to smallscale mining purposes. - portion of thecontested area open to small scale miners, several mining entities filed applications for (ineral 4roduction "haring -greement. (onkayo .ntegrated "mall "cale (iners -ssociation !(.""(-' filed an (4"- application which was denied by the B(> on the grounds that the area applied for is within the area covered by ((3 54 $AAand that the (.""(- was not ;ualified to apply for an (4"-.((3 assigned 54 $AA to "outheast (indanao >old (ining 3orporation. B(> accepted and registered "5(s (4"- application and the =eed of -ssignment over 54 $AA e#ecuted in its favor by ((3."5(Zs application was designated (4"- -pplication ,o. $9? !(4"-- $9?'.The 4- rendered a resolution that 54 $AA was valid and subsisting. .t also declared that the B(> =irector, under "ection %% of the 3onsolidated (ines -dministrative 8rder implementing 4residential =ecree ,o. D@A, was authori0ed to issue e#ploration permits and to renew the same without limit. The validity of 5# loration 4ermit ,o. $AA was reiterated and all the adverse claims against (4"-- ,o.$9? are =."(.""5=. Fndaunted by the 4- ruling, the adverse claimants appealed to the (ines -d1udication Board. .n a=ecision, the (-B considered erroneous the dismissal by the 4- of the adverse claims filed against((3 and "5( over a mere technicality of failure to submit a sketch plan. .t argued that the rules of procedure are not meant to defeat substantial 1ustice as the former are merely secondary in importance to the latter. =ealing with the ;uestion on 54 $AAZs validity, the (-B opined that said issue was not crucial and was irrelevant in ad1udicating the appealed case because 54 $AA has long e#pired due to its nonrenewal and that the holder of the same, ((3, was no longer a claimant of the -gusan=avao"urigao *orest 6eserve having relin;uished its right to "5(. -fter it brushed aside the issue of the validity of 54$AA for being irrelevant, the (-B proceeded to treat "5(Zs (4"- application over the disputed area asan entirely new and distinct application. .t approved the (4"- application, e#cluding the area segregated by =-8 ,o. @@, which declared 79% hectares within the =iwalwal area as nonforest lands open for smallscale mining. =issatisfied, the Gillaflor group and Balite appealed the decision to this 3ourt. "5(, aggrieved by the e#clusion of 79% hectares from its (4"- application, likewise appealed. -pe# filed a (otion for 7eave to -dmit 4etition for .ntervention predicated on its right to stake its claim over the =iwalwal gold rush which was granted by the 3ourt. These cases, however, were remanded to the 3ourt of -ppeals for proper disposition pursuant to 6ule DA of the $%%7 6ules of 3ivil 4rocedure. The 3ourt of -ppeals consolidated the remanded cases as 3->.6. "4 ,o. @$9$B and ,o. @$9$@.The 3ourt of -ppeals affirmed in toto the decision of the 4- and declared null and void the (-B decision. :ence, the instant 4etitions for 6eview on 3ertiorari under 6ule DB of the 6ules of 3ourt filed by -pe#, Balite and (-B. =uring the pendency of these 4etitions, 4resident >loria (acapagal-rroyo issued 4roclamation ,o. 9%7.This proclamation e#cluded an area of ?,$&& hectares located in (onkayo, 3ompostela Galley, and proclaimed the same as mineral reservation and as environmentally critical area. "ubse;uently, =5,6 -dministrative 8rder ,o. 9&&9$? was issued declaring an emergency situation in the =iwalwal gold rush area and ordering the stoppage of all mining operations therein. Thereafter, 5#ecutive 8rder ,o. 9$7was issued by the 4resident creating the ,ational Task *orce =iwalwal which is tasked to address the situation in the =iwalwal >old 6ush -rea. )ssue
/hether the subse;uent acts of the e#ecutive department such as the issuance of 4roclamation ,o. 9%7,and =-8 ,o. 9&&9$? can outweigh -pe# and Balites claims over the =iwalwal >old 6ush -rea. 3eld
Fpon the effectivity of the $%?7 3onstitution, the "tate assumed a more dynamic role in the e#ploration,development and utili0ation of the natural resources of the country. /ith this policy, the "tate may pursuefull control and supervision of the e#ploration, development and utili0ation of the countryZs naturalmineral resources. The options open to the "tate are through direct undertaking or by entering into co production, 1oint venture, or productionsharing agreements, or by entering into agreement with foreignowned corporations for large scale e#ploration, development and utili0ation. 6ecogni0ing the importance of the countrys natural resources, not only for national economic development, but also for its security and national defense, "ection B of 6epublic -ct ,o. 7%D9 empowers the 4resident, when the national interest so re;uires, to establish mineral reservations where mining operations shall be undertaken directly by the "tate or through a contractor Lone$ 4s& 8eo/le of t!e 8!ili//ines 4etitioners are officers of (arcopper (ining 3orp., engaged in mining in the province of (arindu;ue. (arcopper had been storing tailings from its operation in a pit in (t. Taipan, at the base of which ran a drainage leading to Boac and (akalupnit rivers. 3onse;uently, (arcopper had discharged millions of tons of tailings into the rivers. .n -ugust $%%@, the =8< charged petitioners with violation of the /ater 3ode of the 4hilippines, the ,ational 4ollution 3ontrol =ecree, 4hilippine (ining -ct and 643 for 6eckless .mprudence 6esulting in =amage to 4roperty. 4etitioners moved to ;uash the information on grounds that these were duplicitous as =8< charged more than one offense for a single act and that the .nformations contain allegations which constitute legal e#cuse or 1ustification. The (T3 ruled that as far as the A laws are concerned, only the .nformation for violation of 4hilippine (ining -ct should be maintained. Thus, the .nformations for violation of -nti4ollution 7aw and the /ater 3ode should be dismissed because the elements constituting the aforesaid violations are absorbed by the same elements which constitute violation of the 4hilippine (ining -ct. The 6T3 reversed the said decision and ruled that there can be no absorption by one offense of the three other offenses, as the acts penali0ed by these laws are separate and distinct from each other. This was affirmed by the 3-. 4etitioners contend that they should be charged with only one offense P 6eckless .mprudence 6esulting in =amage to 4roperty Q because all the charges filed against them are based on a single act or incident of polluting the Boac and (akalupnit rivers thru dumping of mine tailingsI and that the charge for violation of -rticle A@B of the 643 IabsorbsI the other charges since the element of Ilack of necessary or ade;uate protection, negligence, recklessness and imprudenceI is common among them. Rulin' 3ourt had ruled that a single act or incident might offend against two or more entirely distinct and unrelated provisions of law thus 1ustifying the prosecution of the accused for more than one offense. The only limit to this rule is the 3onstitutional prohibition that no person shall be twice put in 1eopardy of punishment for the same offense. :owever, for the limited purpose of controverting petitioners claim that they should be charged with one offense only, the "3 ;uote with approval 6T3s comparative analysis of 4= $&@7, 4= %?D, 6- 7%D9, and -rticle A@B of the 643 showing that in each of these laws on which petitioners were charged, there is one essential element not re2uired of t%e ot%ers, thus) .n 4.=. $&@7 !4hilippines /ater 3ode', the additional element to be established is the dumping of mine tailings into the (akulapnit 6iver and the entire Boac 6iver "ystem without prior permit from the authorities concerned. &%e gra;amen of t%e offense %ere is t%e a)sence of t%e proper permit to dump said mine tailings &%is element is not indispensa)le in t%e prosecution for ;iolation of ,- 984 CAnti+ ,ollution LawD/ J7AK #94! C,%ilippine Mining ActD and Art 3"* of t%e 7e;ised ,enal $ode 8ne can be validly prosecuted for violating the /ater 3ode even in the absence of actual pollution, or even if it has complied with the terms of its 5nvironmental 3ompliance 3ertificate, or further, even if it did take the necessary precautions to prevent damage to property. In ,- 984 CAnti+,ollution LawD/ t%e additional fact t%at must )e pro;ed is t%e e=istence of actual pollution &%e gra;amen is t%e pollution itself. .n the absence of any pollution, the accused must be e#onerated under this law although there was unauthori0ed dumping of mine tailings or lack of precaution on its part to prevent damage to property. In 7A #94! C,%ilippine Mining ActD/ t%e additional fact t%at must )e esta)lis%ed is t%e willful ;iolation and gross neglect on t%e part of t%e accused to a)ide )( t%e terms and conditions of t%e :n;ironmental $ompliance $ertificate, particularly that the (arcopper should ensure the containment of runoff and silt materials from reaching the (ogpog and Boac 6ivers. .f there was no violation or neglect, and that the accused satisfactorily proved KsicL that (arcopper had done everything to ensure containment of the runoff and silt materials, they will not be liable. .t does not follow, however, that they cannot be prosecuted under the /ater 3ode, -nti4ollution 7aw and the 6evised 4enal 3ode because violation of the 5nvironmental 3ompliance 3ertificate is not an essential element of these laws. 8n the other hand, t%e additional element t%at must )e esta)lis%ed in Art 3"* of t%e 7e;ised ,enal $ode is t%e lack of necessar( or ade2uate precaution/ negligence/ recklessness and imprudence on t%e part of t%e accused to pre;ent damage to propert( &%is element is not re2uired under t%e pre;ious laws. Fn;uestionably, it is different from dumping of mine tailings without permit, or causing pollution to the Boac river system, much more from violation or neglect to abide by the terms of the 5nvironmental 3ompliance 3ertificate. (oreover, the offenses punished by special law are malKaL prohibita in contrast with those punished by the 6evised 4enal 3ode which are mala in se. 9% 3onse;uently, the filing of the multiple charges against petitioners, although based on the same incident, is consistent with settled doctrine. 8n petitioners claim that the charge for violation of -rticle A@B of the 643 absorbs the charges for violation of 4= $&@7, 4= %?D, and 6- 7%D9, suffice it to say that a mala in se felony !such as 6eckless .mprudence 6esulting in =amage to 4roperty' cannot absorb mala prohibita crimes !such as those violating 4= $&@7, 4= %?D, and 6- 7%D9'. /hat makes the former a felony is criminal intent !dolo' or negligence !culpa'+ what makes the latter crimes are the special laws enacting them. 4etitioners reiterate their contention in the 3ourt of -ppeals that their prosecution contravenes this 3ourts ruling in 4eople v. 6elova. .n particular, petitioners cite the 3ourts statement in 6elova that the law seeks to prevent harassment of the accused by Imultiple prosecutions for offenses which though different from one another are nonetheless each constituted by a common set or overlapping sets of technical elements.I This contention is also without merit. 6elova is no authority for petitioners claim against multiple prosecutions based on a single act not only because the ;uestion of double 1eopardy is not at issue here, but also because, as the 3ourt of -ppeals held, petitioners are being prosecuted for an act or incident punished by four national statutes and not by an ordinance and a national statute. .n short, petitioners, if ever, fall under the first sentence of "ection 9$, -rticle ... which prohibits multiple prosecution for the same offense, and not, as in 6elova, for offenses arising from the same incident. 8D No& .6F Re4ise% 7orestr$ Co%e of t!e 8!ili//ines /:565-", proper classification, management and utili0ation of the lands of the public domain to ma#imi0e their productivity to meet the demands of our increasing population is urgently needed+ /:565-", to achieve the above purpose, it is necessary to reassess the multiple uses of forest lands and resources before allowing any utili0ation thereof to optimi0e the benefits that can be derived therefrom+ /:565-", it is also imperative to place emphasis not only on the utili0ation thereof but more so on the protection, rehabilitation and development of forest lands, in order to ensure the continuity of their productive condition+ /:565-", the present laws and regulations governing forest lands are not responsive enough to support reoriented government programs, pro1ects and efforts on the proper classification and delimitation of the lands of the public domain, and the management, utili0ation, protection, rehabilitation, and development of forest lands+ Section *& ,olicies The "tate hereby adopts the following policies) !a' The multiple uses of forest lands shall be oriented to the development and progress re;uirements of the country, the advancement of science and technology, and the public welfare+ !b' 7and classification and survey shall be systemati0ed and hastened+ !c' The establishment of woodprocessing plants shall be encouraged and rationali0ed+ and !d' The protection, development and rehabilitation of forest lands shall be emphasi0ed so as to ensure their continuity in productive condition. Section =& -efinitions !a' 4ublic forest is the mass of lands of the public domain which has not been the sub1ect of the present system of classification for the determination of which lands are needed for forest purposes and which are not. !b' 4ermanent forest or forest reserves refer to those lands of the public domain which have been the sub1ect of the present system of classification and determined to be needed for forest purposes. !c' -lienable and disposable lands refer to those lands of the public domain which have been the sub1ect of the present system of classification and declared as not needed for forest purposes. !d' *orest lands include the public forest, the permanent forest or forest reserves, and forest reservations. !e' >ra0ing land refers to that portion of the public domain which has been set aside, in view of the suitability of its topography and vegetation, for the raising of livestock. !f' (ineral lands refer to those lands of the public domain which have been classified as such by the "ecretary of ,atural 6esources in accordance with prescribed and approved criteria, guidelines and procedure. !g' *orest reservations refer to forest lands which have been reserved by the 4resident of the 4hilippines for any specific purpose or purposes. !h' ,ational park refers to a forest land reservation essentially of primitive or wilderness character which has been withdrawn from settlement or occupancy and set aside as such e#clusively to preserve the scenery, the natural and historic ob1ects and the wild animals or plants therein, and to provide en1oyment of these features in such a manner as will leave them unimpaired for future generations. !i' >ame refuge or bird sanctuary refers to a forest land designated for the protection of game animals, birds and fish and closed to hunting and fishing in order that the e#cess population may flow and restock surrounding areas. !1' (arine parks refers to any offshore area inhabited by rare and uni;ue species of marine flora and fauna. !k' "eashore park refers to any public shore area delimited for outdoor recreation, sports fishing, water skiing and related healthful activities. !l' /atershed reservation is a forest land reservation established to protect or improve the conditions of the water yield thereof or reduce sedimentation. !m' /atershed is a land area drained by a stream or fi#ed body of water and its tributaries having a common outlet for surface runoff. !n' 3ritical watershed is a drainage area of a river system supporting e#isting and proposed hydro electric power and irrigation works needing immediate rehabilitation as it is being sub1ected to a fast denudation causing accelerated erosion and destructive floods. .t is closed from logging until it is fully rehabilitated. !o' (angrove is a term applied to the type of forest occurring on tidal flat along the sea coast, e#tending along streams where the water is brackish. !p' Xaingin is a portion of the forest land, whether occupied or not, which is sub1ected to shifting andCor permanent slashandburn cultivation having little or no provision to prevent soil erosion. !;' *orest product means timber, pulpwood, firewood, bark, tree top, resin, gum, wood, oil, honey, beeswa#, nipa, rattan, or other forest growth such as grass, shrub, and flowering plant, the associated water, fish, game, scenic, historical, recreational and geologic resources in forest lands. !r' =ipterocarp forest is a forest dominated by trees of the dipterocarp species, such as red lauan, tengile, tiaong, white lauan, almon, bagtikan and mayapis of the 4hilippine mahogany group, apitong and the yakals. !s' 4ine forest is a forest composed of the Benguet 4ine in the (ountain 4rovinces or the (indoro pine in (indoro and Oambales provinces. !t' .ndustrial tree plantation is any tract of forest land purposely and e#tensively planted to timber crops primarily to supply the raw material re;uirements of e#isting or proposed processing plants and related industries. !u' Tree farm refers to any tract of forest land purposely and e#tensively planted to trees of economic value for their fruits, flowers, leaves, barks, or e#tractives, but not for the wood thereof. !v' (ultipleuse is the harmoni0ed utili0ation of the numerous beneficial uses of the land, soil, water, wildlife, recreation value, grass and timber of forest lands. !w' "elective logging means the systematic removal of the mature, overmature and defective trees in such manner as to leave ade;uate number and volume of healthy residual trees of the desired species necessary to assure a future crop of timber, and forest cover for the protection and conservation of soil and water. !#' "eed tree system is partial clearcutting with seed trees left to regenerate the area. !y' :ealthy residual is a sound or slightly in1ured tree of the commercial species left after logging. !0' "ustainedyield management implies continuous or periodic production of forest products in a working unit with the aid of achieving at the earliest practicable time an appro#imate balance between growth and harvest or use. This is generally applied to the commercial timber resources and is also applicable to the water, grass, wildlife, and other renewable resources of the forest. !aa' 4rocessing plant is any mechanical setup, machine or combination of machine used for the processing of logs and other forest raw materials into lumber, veneer, plywood, wallboard, blockboard, paper board, pulp, paper or other finished wood products. !bb' 7ease is a privilege granted by the "tate to a person to occupy and possess, in consideration of a specified rental, any forest land of the public domain in order to undertake any authori0ed activity therein. !cc' 7icense is a privilege granted by the "tate to a person to utili0e forest resources as in any forest land, without any right of occupation and possession over the same, to the e#clusion of others, or establish and operate a woodprocessing plant, or conduct any activity involving the utili0ation of any forest resources. !dd' 7icense agreement is a privilege granted by the "tate to a person to utili0e forest resources within any forest land with the right of possession and occupation thereof to the e#clusion of others, e#cept the government, but with the corresponding obligation to develop, protect and rehabilitate the same in accordance with the terms and conditions set forth in said agreement. !ee' 4ermit is a shortterm privilege or authority granted by the "tate to a person to utili0e any limited forest resources or undertake a limited activity with any forest land without any right of occupation and possession therein. !ff' -nnual allowable cut is the volume of materials, whether of wood or other forest products, that is authori0ed to be cut regularly from the forest. !gg' 3utting cycle is the number of years between ma1or harvests in the same working unit andCor region, within a rotation. !hh' 5cosystem means the ecological community considered together with nonliving factors and its environment as a unit. !ii' "ilviculture is the establishment, development reproduction and care of forest trees. !11' 6ationali0ation is the organi0ation of a business or industry using scientific business management principles and simplified procedures to obtain greater efficiency of operation. !kk' *orest officer means any official or employee of the Bureau who, by the nature of his appointment or the function of the position to which he is appointed, is delegated by law or by competent authority to e#ecute, implement or enforce the provisions of this 3ode, other related laws, as well as their implementing regulations. !ll' 4rimitive tribe is a group of endemic tribe living primitively as a distinct portion of a people from a common ancestor. !mm' 4rivate right means or refers to titled rights of ownership under e#isting laws, and in the case of primitive tribes, to rights of possession e#isting at the time a license is granted under this 3ode, which possession may include places of abode and worship, burial grounds, and old clearings, but e#cludes production forest inclusive of loggedover areas, commercial forests and established plantations of forest trees and trees of economic value. !nn' 4erson includes natural as well as 1uridical person. C:A8TER I OR;ANIKATION AND 0URISDICTION O7 T:E BUREAU Section >& $reation of/ and merger of all forestr( agencies into/ t%e Bureau of 9orest -e;elopment *or the purpose of implementing the provisions of this 3ode, the Bureau of *orestry, the 6eforestation -dministration, the "outhern 3ebu 6eforestation =evelopment 4ro1ect, and the 4arks and /ildlife 8ffice, including applicable appropriations, records, e;uipment, property and such personnel as may be necessary, are hereby merged into a single agency to be known as the Bureau of *orest =evelopment, hereinafter referred to as the Bureau. Section F& Aurisdiction of Bureau The Bureau shall have 1urisdiction and authority over all forest land, gra0ing lands, and all forest reservations including watershed reservations presently administered by other government agencies or instrumentalities. .t shall be responsible for the protection, development, management, regeneration, and reforestation of forest lands+ the regulation and supervision of the operation of licensees, lessees and permittees for the taking or use of forest products therefrom or the occupancy or use thereof+ the implementation of multiple use and sustained yield management in forest lands+ the protection, development and preservation of national parks, marine parks, game refuges and wildlife+ the implementation of measures and programs to prevent kaingin and managed occupancy of forest and gra0ing lands+ in collaboration with other bureaus, the effective, efficient and economic classification of lands of the public domain+ and the enforcement of forestry, reforestation, parks, game and wildlife laws, rules, and regulations. The Bureau shall regulate the establishment and operation of sawmills, veneer and plywood mills and other wood processing plants and conduct studies of domestic and world markets of forest products. Section ?& -irector and Assistant -irector and t%eir 2ualifications The Bureau shall be headed by a =irector, who shall be assisted by one or more -ssistant =irectors. The =irector and -ssistant =irectors shall be appointed by the 4resident. ,o person shall be appointed =irector or -ssistant =irector of the Bureau unless he is a natural born citi0en of the 4hilippines, at least A& years of age, a holder of at least a Bachelor2s =egree in *orestry or its e;uivalent, and a registered forester. Section .& 'uper;ision and $ontrol The Bureau shall be directly under the control and supervision of the "ecretary of the =epartment of ,atural 6esources, hereinafter referred to as the =epartment :ead. Section -& 7e;iew -ll actions and decisions of the =irector are sub1ect to review, motu propio or upon appeal of any person aggrieved thereby, by the =epartment :ead whose decision shall be final and e#ecutory after the lapse of thirty !A&' days from receipt by the aggrieved party of said decision, unless appealed to the 4resident in accordance with the 5#ecutive 8rder ,o. $%, series of $%@@. The =ecision of the =epartment :ead may not be reviewed by the courts e#cept through a special civil action for certiorari or prohibition. Section ,& 7ules and 7egulations The =epartment :ead, upon the recommendation of the =irector of *orest =evelopment, shall promulgate the rules and regulations necessary to implement effectively the provisions of this 3ode. Section +6& $reation of 9unctional -i;isions/ and 7egional and -istrict 8ffices -ll positions in the merged agencies are considered vacant. 4resent occupants may be appointed in accordance with a staffing pattern or plan of organi0ation to be prepared by the =irector and approved by the =epartment :ead. -ny appointee who fails to report for duty in accordance with the approved plan within thirty !A&' days upon receipt of notification shall be deemed to have declined the appointment, in which case the position may be filed by any other ;ualified applicant. *or the efficient and effective implementation of the program of the Bureau, the following divisions and sections are hereby created, to wit) The =epartment :ead may, upon recommendation of the =irector, reorgani0e or create such other divisions, sections of units as may be deemed necessary and to appoint the personnel there) 4rovided, That an employee appointed or designated as officerincharge of a newly created division, section or unit, or to an e#isting vacant position with a higher salary, shall receive, from the date of such appointment or designation until he is replaced or reverted to his original position, the salary corresponding to the position temporarily held by him. There shall be created at least eleven regional offices. .n each region, there shall be as many forest districts as may be necessary, in accordance with the e#tent of forest area, established work loads, need for forest protection, fire prevention and other factors, the provisions of any law to the contrary notwithstanding) 4rovided, That the boundaries of such districts shall follow, whenever possible, natural boundaries of watersheds under the riverbasin concept of management. Section ++& Manpower -e;elopment The Bureau shall establish and operate an inservice training center for the purpose of upgrading and training its personnel and new employees. The Bureau shall also set aside ade;uate funds to enable personnel to obtain special education and training in local or foreign colleges or institutions. Section +*& ,erformance :;aluation The Bureau shall devise a system, to be approved by the =epartment :ead, to evaluate the performance of its employees. The system shall measure accomplishment in ;uantity and ;uality of performance as related to the funded program of work assigned to each organi0ational unit. There shall be included a system of periodic inspection of district offices by the regional offices and the regional and district offices by the 3entral 8ffice in both functional fields and in the overall assessment of how each administrative unit has implemented the laws, regulations, policies, programs, and practices relevant to such unit. The evaluation system shall provide the information necessary for annual progress reports and determination of employee training civil service awards and transfer or disciplinary action. C:A8TER II CLASSI7ICATION AND SURVEB Section +=& '(stem of Land $lassification The =epartment :ead shall study, devise, determine and prescribe the criteria, guidelines and methods for the proper and accurate classification and survey of all lands of the public domain into agricultural, industrial or commercial, residential, resettlement, mineral, timber or forest, and gra0ing lands, and into such other classes as now or may hereafter be provided by law, rules and regulations. .n the meantime, the =epartment :ead shall simplify through interbureau action the present system of determining which of the unclassified lands of the public domain are needed for forest purposes and declare them as permanent forest to form part of the forest reserves. :e shall decree those classified and determined not to be needed for forest purposes as alienable and disposable lands, the administrative 1urisdiction and management of which shall be transferred to the Bureau of 7ands) 4rovided, That mangrove and other swamps not needed for shore protection and suitable for fishpond purposes shall be released to, and be placed under the administrative 1urisdiction and management of, the Bureau of *isheries and -;uatic 6esources. Those still to be classified under the 4resent system shall continue to remain as part of the public forest. Section +>& :=isting ,asture Leases and ,ermits in 9orest Lands *orest lands which have been the sub1ect of pasture leases and permits shall remain classified as forest lands until classified as gra0ing lands under the criteria, guidelines and methods of classification to be prescribed by the =epartment :ead) 4rovided, That the administration, management and disposition of gra0ing lands shall remain under the Bureau. Section +F& &opograp%( ,o land of the public domain eighteen per cent !$?N' in slope or over shall be classified as alienable and disposable, nor any forest land fifty per cent !B&N' in slope or over, as gra0ing land. 7ands eighteen per cent !$?N' in slope or over which have already been declared as alienable and disposable shall be reverted to the classification of forest lands by the =epartment :ead, to form part of the forest reserves, unless they are already covered by e#isting titles or approved public land application, or actually occupied openly, continuously, adversely and publicly for a period of not less than thirty !A&' years as of the effectivity of this 3ode, where the occupant is ;ualified for a free patent under the 4ublic 7and -ct) 4rovided, That said lands, which are not yet part of a wellestablished communities, shall be kept in a vegetative condition sufficient to prevent erosion and adverse effects on the lowlands and streams) 4rovided, further, That when public interest so re;uires, steps shall be taken to e#propriate, cancel defective titles, re1ect public land application, or e1ect occupants thereof. Section +?& Areas needed for forest purposes The following lands, even if they are below eighteen per cent !$?N' in slope, are needed for forest purposes, and may not, therefore, be classified as alienable and disposable land, to wit) $. -reas less than 9B& hectares which are far from, or are not contiguous with, any certified alienable and disposable land+ 9. .solated patches of forest of at least five !B' hectares with rocky terrain, or which protect a spring for communal use+ A. -reas which have already been reforested+ D. -reas within forest concessions which are timbered or have good residual stocking to support an e#isting, or approved to be established, wood processing plant+ B. 6idge tops and plateaus regardless of si0e found within, or surrounded wholly or partly by, forest lands where headwaters emanate+ @. -ppropriately located roadrightsorway+ 7. Twentymeter strips of land along the edge of the normal high waterline of rivers and streams with channels of at least five !B' meters wide+ ?. "trips of mangrove or swamplands at least twenty !9&' meters wide, along shorelines facing oceans, lakes, and other bodies of water, and strips of land at least twenty !9&' meters wide facing lakes+ %. -reas needed for other purposes, such as national parks, national historical sites, game refuges and wildlife sanctuaries, forest station sites, and others of public interest+ and $&. -reas previously proclaimed by the 4resident as forest reserves, national parks, game refuge, bird sanctuaries, national shrines, national historic sites) 4rovided, That in case an area falling under any of the foregoing categories shall have been titled in favor of any person, steps shall be taken, if public interest so re;uires, to have said title cancelled or amended, or the titled area e#propriated. Section +.& :sta)lis%ment of )oundaries of forest lands -ll boundaries between permanent forests and alienable and disposable lands shall be clearly marked and maintained on the ground, with infrastructure or roads, or concrete monuments at intervals of not more than five hundred !B&&' meters in accordance with established procedures and standards, or any other visible and practicable signs to insure protection of the forest. Section +-& 7eser;ations in forest lands and off+ s%ore areas The 4resident of the 4hilippines may establish within any lands of the public domain, forest reserve and forest reservation for the national park system, for preservation as critical watersheds, or for any other purpose, and modify boundaries of e#isting ones. The =epartment :ead may reserve and establish any portion of the public forest or forest reserve as site or e#perimental forest for use of the *orest 6esearch .nstitute. /hen public interest so re;uires, any offshore area needed for the preservation and protection of its educational, scientific, historical, ecological and recreational values including the marine life found therein, shall be established as marine parks. C:A8TER III UTILIKATION AND 9ANA;E9ENT Section +,& Multiple use The numerous beneficial uses of the timber, land, soil, water, wildlife, recreation value and grass of forest lands shall be evaluated and weighted before allowing the utili0ation, e#ploitation, occupation or possession thereof, or the conduct of any activity therein. 8nly the utili0ation, e#ploitation, occupation or possession of any forest land, or any activity therein, involving one or more or its resources, which will produce the optimum benefits to the development and progress of the country and the public welfare, without impairment or with the least in1ury to its other resources, shall be allowed. -ll forest reservations may be open to uses not inconsistent with the principal ob1ectives of the reservation) 4rovided, That critical watersheds and national parks shall not be sub1ect to logging operations. Section *6& License agreement/ license/ lease or permit ,o person may utili0e, e#ploit, occupy, possess or conduct any activity within any forest land, or establish and operate any woodprocessing plant, unless he has been authori0ed to do so under a license agreement, lease, license, or permit. Section *+& 'ustained (ield -ll measures shall be taken to achieve an appro#imate balance between growth and harvest or use of forest products in forest lands. -. T.(B56 Section **& 'il;icultural and %ar;esting s(stems .n any logging operations in production forests within forest lands, the proper silvicultural and harvesting systems that will promote optimum sustained yield shall be practised. !a' *or dipterocarp forest, selective logging shall be practised. !b' *or pine forest, the seed tree system with planting when necessary shall be practised. !c' *or other types of forest, the silvicultural and harvesting system that will be found suitable by research shall be applied. (eanwhile, a system based on observation and practices abroad may be adopted initially. -ny practised system are sub1ect to modification or changes based on research findings. Section *=& &im)er in;entor( The Bureau shall conduct a program of progressive inventories of the harvestable timber and young trees in all forest lands, whether covered by any license agreement, license, lease or permit, or not, until a one hundred per cent !$&&N' timber inventory thereon has been achieved. Section *>& 7e2uired in;entor( prior to tim)er utiliBation in forest lands ,o harvest of timber in any forest land shall be allowed unless it has been the sub1ect of at least a five per cent !BN' timber inventory, or any statistically sound timber estimate, made not earlier than five !B' years prior to the issuance of a license agreement or license allowing such utili0ation. Section *F& $utting c(cle The Bureau shall apply scientific cutting cycle and rotation in all forest lands, giving particular consideration to the age, volume and kind of healthy residual trees which may be left undisturbed and undamaged for future harvest and forest cover indipterocarp area, and seed trees and reproduction in pine area. Section *?& Annual allowa)le cut The annual allowable cut of any particular forest land shall be determined on the basis of the established rotation and cutting cycle thereof, and the volume and kind of harvestable timber and healthy residuals, seed trees and reproduction found therein. Section *.& -uration of license agreement or license to %ar;est tim)er in forest lands The duration of the privilege to harvest timber in any particular forest land under a license agreement or license shall be fi#ed and determined in accordance with the annual allowable cut therein, the established cutting cycle thereof, the yield capacity of harvestable timber, and the capacity of healthy residuals for a second growth. The privilege shall automatically terminate, even before the e#piration of the license agreement of license, the moment the harvestable timber have been utili0ed without leaving any loggedover area capable of commercial utili0ation. The ma#imum period of any privilege to harvest timber is twentyfive !9B' years, renewable for a period, not e#ceeding twentyfive !9B' years, necessary to utili0e all the remaining commercial ;uantity or harvestable timber either from the unlogged or loggedover area. .t shall be a condition for the continued privilege to harvest timber under any license or license agreement that the licensee shall reforest all the areas which shall be determined by the Bureau. Section *-& 'iBe of forest concessions *orest lands shall not be held in perpetuity. The si0e of the forest lands which may be the sub1ect of timber utili0ation shall be limited to that which a person may effectively utili0e and develop for a period of fifty !B&' years, considering the cutting cycle, the past performance of the applicant and his capacity not only to utili0e but, more importantly, to protect and manage the whole area, and the re;uirements of processing plants e#isting or to be installed in the region. *orest concessions which had been the sub1ect of consolidations shall be reviewed and reevaluated for the effective implementation of protection, reforestation and management thereof under the multiple use and sustained yield concepts, and for the processing locally of the timber resources therefrom. B. /88=46835"".,> Section *,& Incenti;es to t%e wood industr( The =epartment :ead, in collaboration with other government agencies and the wood industry associations and other private entities in the country, shall evolve incentives for the establishment of an integrated wood industry in designated wood industry centers andCor economic area. The 4resident of the 4hilippines, upon the recommendations of the ,ational 5conomic =evelopment -uthority and the =epartment :ead, may establish wood industry importe#port centers in selected locations) 4rovided, That logs imported for such centers shall be sub1ect to such precaution as may be imposed by the Bureau, in collaboration with proper government agencies, to prevent the introduction of pests, insects andCor diseases detrimental to the forests. Section =6& 7ationaliBation of t%e wood industr( /hile establishment of woodprocessing plants shall be encouraged, their locations and operations shall be regulated in order to rationali0e the industry. ,o new processing plant shall be established unless ade;uate raw material is available on a sustainedyield basis in the area where the raw materials will come from. The =epartment :ead may cancel, suspend, or phaseout all uneconomical woodprocessing plants which are not responsive to the rationali0ation program of the government. Section =+& 1ood wastes/ weed trees and residues Timber licensees shall be encouraged and assisted to gather and save the wood wastes and weed trees in their concessions, and those with processing plants, the wood residues thereof, for utili0ation and conversion into wood byproducts and derivatives. Section =*& Log production and processing Fnless otherwise decreed by the 4resident, upon recommendation of the ,ational 5conomic =evelopment -uthority, the entire production of logs by all licensees shall, beginning <anuary $, $%7@, be processed locally. - licensee who has no processing plant may, sub1ect to the approval of the =irector, enter into a contract with a wood processor for the processing of his logs. /ood processors shall accept for processing only logs cut by, or purchased from, licensees of good standing at the time of the cutting of logs. 3. 65*865"T-T.8, Section ==& 9orest lands to )e reforested The following shall be reforested and covered with suitable and sufficient trees, to wit) !a' Bare or grasscovered tracts of forest lands with at least fifty per cent !B&N' slope+ !b' Bare or grasscovered tracts of forest lands with less than fifty per cent !B&N' slope, but with soil so highly erodible as to make grass cover inade;uate for soil erosion control+ !c' Brushlands or tracts of forest lands generally covered with brush, which need to be developed to increase their productivity+ !d' 8pen tracts of forest lands with slopes or gradients generally e#ceeding fifty per cent !B&N', interspersed with patches of forest each of which is less than two hundred fifty !9B&' hectares in area+ !e' =enuded or inade;uatelytimbered areas proclaimed by the 4resident as forest reserves and reservations as critical watersheds, national parks, game refuge, bird sanctuaries, national shrines, national historic sites+ !f' .nade;uatelystocked forest lands within forest concessions+ !g' 4ortions of areas covered by pasture leases or permits having a slope of at least fifty per cent !B&N'+ and !h' 6iver banks, easements, road rightsofways, deltas, swamps, former river beds, and beaches. Section =>& Industrial &ree ,lantations and &ree 9arms - lease for a period of twentyfive !9B' years, renewable for another period not e#ceeding twenty five !9B' years, for the establishment of an industrial tree plantation or a tree farm may be granted by the =epartment :ead upon recommendation of the =irector to any person ;ualified to develop and e#ploit natural resources, over timber or forest lands of the public domain categori0ed in "ection AA hereof, with a minimum area of 8ne Thousand !$,&&&' hectares for industrial tree plantation and 8ne :undred !$&&' hectares for tree farm+ 4rovided, That the si0e of the area that may be granted under each category shall in each case depend upon the capacity of the lessee to develop or convert the area into productive condition within the term of the lease+ 4rovided, further, That no lease shall be granted within critical watersheds. "cattered areas of less than 8ne :undred !$&&' hectares each may be leased for the establishment of tree farms to different ;ualified persons upon a showing that if developed as an integrated unit these areas can be economically e#ploited) 4rovided, That it shall be a condition of the lease that such persons organi0e themselves into a cooperative to ensure the orderly management thereof. The lease may be granted under such terms and conditions as the =epartment :ead may prescribe, taking into account, among others, the raw material needs of forestbased industries and the maintenance of a wholesome ecological balance. 6eforestation pro1ects of the >overnment, or portions thereof which, upon field evaluation, are found to be more suitable for, or can be better developed as, industrial tree plantations or tree farms in terms of benefits to the >overnment and the general surrounding area, may be the sub1ect of the lease under this section. Section =F& ,riorit( 8ver any suitable area covered by a timber license agreement, or a pasture lease agreement or permit, the priority to establish industrial forest plantation or tree farm shall be given to the holder thereof. The priority herein granted must, however, be availed of within a reasonable period to be determined by the =epartment :ead, otherwise, the area shall be declared open to any ;ualified person and conse;uently segregated from the holder2s area. Section =?& Incenti;es To encourage ;ualified persons to engage in industrial tree plantation andCor tree farming, the following incentives are granted) !a' 4ayment of a nominal filing fee of fifty centavos !4&.B&' per hectare+ !b' ,o rental shall be collected during the first five !B' years from the date of the lease+ from the si#th year to the tenth year, the annual rental shall be fifty centavos !4&.B&' per hectare+ and thereafter, the annual rental shall be one peso !4$.&&' per hectare) 4rovided, That lessees of areas long denuded as certified by the =irector and approved by the =epartment :ead, shall be e#empted from the payment of rental for the full term of the lease which shall not e#ceed twentyfive !9B' years+ for the first five !B' years following the renewal of the lease, the annual rental shall be fifty centavos !4&.B&' per hectare+ and thereafter, the annual rental shall be one peso !4$.&&' per hectare. !c' The lessee shall pay forest charges on the timber and other forest products grown and cut or gathered in an industrial tree plantation or tree farm e;uivalent to si# percent !@N' current market value thereof+ !d' "ale at cost of seedlings and free technical advice and assistance to persons who will develop their privatelyowned lands into industrial tree plantation or tree farm+ !e' 5#emption from the payment of the percentage ta# levied in Title G of the ,ational .nternal 6evenue 3ode when the timber and forest products are sold, bartered or e#changed by the lessee whether in their original state or not+ !f' The Board of .nvestments shall, notwithstanding its nationality re;uirement on pro1ects involving natural resources, classify industrial tree plantations and tree farms as pioneer areas of investment under its annual priority plan, to be governed by the rules and regulations of said Board. - lessee of an industrial tree plantation or tree farm may either apply to the Board of .nvestments for the ta# and other benefits thereunder, or avail of the following benefits) $. -mounts e#pended by a lessee in the development and operation of an industrial tree plantation or tree farm prior to the time when the production state is reached, may, at the option of said lessee, be regarded as ordinary and necessary business e#penses or as capital e#penditures+ and 9. =eduction from an investor2s ta#able income for the year, of an annual investment allowance e;uivalent to thirtythree and onethird per cent !AA $CAN' of his actual investment during the year in an enterprise engaged in industrial tree plantation or tree farm) 4rovided, That such investment shall not be withdrawn for a period of at least ten !$&' years from the date of investment) 4rovided, further, That should the investment be withdrawn within such period, a ta# e;uivalent to double the amount of the total income ta# rebate resulting from the investment allowance shall be payable as a lump sum in addition to the income ta# due from the ta#payer for the year the investment was withdrawn. !g' 5#cept when public interest demands the alteration or modification, the boundaries of an area covered by an industrial tree plantation or tree farm lease, once established on the ground, shall not be altered or modified+ and !h' - lessee shall not be sub1ect to any obligation prescribed in, or arising out of, the provisions of the ,ational .nternal 6evenue 3ode on withholding of ta# at source upon interests paid on borrowings incurred for development and operation of the industrial tree plantation or tree farm. The =epartment :ead may provide other incentives in addition to those hereinabove granted to promote industrial tree plantation and tree farms in special areas such as, but not limited to, those where there are no roads or where roads are inade;uate, or areas with rough topography and remote areas far from processing plants. -ll amounts collected under this section shall accrue to a special deposit of the Bureau to be used for reforestation of critical watersheds or degraded areas and other development activities, over and above the general appropriation of the said Bureau. =. *865"T 468T53T.8, Section =.& ,rotection of all resources -ll measures shall be taken to protect the forest resources from destruction, impairment and depletion. Section =-& $ontrol of concession area .n order to achieve the effective protection of the forest lands and the resources thereof from illegal entry, unlawful occupation, kaingin, fire, insect infestation, theft, and other forms of forest destruction, the utili0ation of timber therein shall not be allowed e#cept through license agreements under which the holders thereof shall have the e#clusive privilege to cut all the allowable harvestable timber in their respective concessions, and the additional right of occupation, possession, and control over the same, to the e#clusive of all others, e#cept the government, but with the corresponding obligation to adopt all the protection and conservation measures to ensure the continuity of the productive condition of said areas, conformably with multiple use and sustained yield management. .f the holder of a license agreement over a forest area e#pressly or impliedly waives the privilege to utili0e any softwood, hardwood or mangrove species therein, a license may be issued to another person for the harvest thereof without any right of possession or occupation over the areas where they are found, but he shall, likewise, adopt protection and conservation measures consistent with those adopted by the license agreement holder in the said areas. Section =,& 7egulation of tim)er utiliBation in all ot%er classes of lands and of wood+processing plants The utili0ation of timber in alienable and disposable lands, private lands, civil reservations, and all lands containing standing or felled timber, including those under the 1urisdiction of other government agencies, and the establishment and operation of sawmills and other woodprocessing plants, shall be regulated in order to prevent them from being used as shelters for e#cessive and unauthori0ed harvests in forest lands, and shall not therefore be allowed e#cept through a license agreement, license, lease or permit. Section >6& &im)er in;entor( in ot%er lands containing standing or felled tim)er The Bureau shall conduct a one hundred per cent !$&&N' timber inventory in alienable and disposable lands and civil reservations immediately upon classification or reservation thereof. ,o harvest of standing or felled timber in alienable and disposable lands, private lands, civil reservation, and all other lands, including those under the 1urisdiction of other government agencies, shall be allowed unless a one hundred per cent !$&&N' timber inventory has been conducted thereon. Section >+& 'worn tim)er in;entor( reports -ll reports on timber inventories of forest lands, alienable and disposable lands, private lands, civil reservations, and all lands containing standing or felled timber must be subscribed and sworn to by all the forest officers who conducted the same. Section >*& ,articipation in t%e de;elopment of aliena)le and disposa)le lands and ci;il reser;ations The privilege to harvest timber in alienable and disposable lands and civil reservations shall be given to those who can best help in the delineation and development of such areas in accordance with the management plan of the appropriate government e#ercising 1urisdiction over the same. The e#tent of participation shall be based on the amount of timber which may be harvested therefrom. Section >=& 'wamplands and mangro;e forests "trips of mangrove forest bordering numerous islands which protect the shoreline, the shoreline roads, and even coastal communities from the destructive force of the sea during high winds and typhoons, shall be maintained and shall not be alienated. "uch strips must be kept from artificial obstruction so that flood water will flow unimpeded to the sea to avoid flooding or inundation of cultivated areas in the upstream. -ll mangrove swamps set aside for coastprotection purposes shall not be sub1ect to clearcutting operation. (angrove and other swamps released to the Bureau of *isheries and -;uatic 6esources for fishpond purposes which are not utili0ed, or which have been abandoned for five !B' years from the date of such release shall revert to the category of forest land. Section >>& ?isitorial power The =epartment :ead may, by himself or thru the =irector or any ;ualified person duly designated by the =epartment :ead, investigate, inspect and e#amine records, books and other documents relating to the operation of any holder of a license agreement, license, lease, or permit, and its subsidiary or affiliated companies, to determine compliance with the terms and conditions thereof, this 3ode and pertinent laws, policies, rules and regulations. Section >F& Aut%orit( of forest officers /hen in the performance of their official duties, forest officers, or other government officials or employees duly authori0ed by the =epartment :ead or =irector, shall have free entry into areas covered by a license agreement, license, lease or permit. *orest officers are authori0ed to administer oath and take acknowledgment in official matters connected with the functions of their office, and to take testimony in official investigations conducted under the authority of this 3ode and the implementing rules and regulations. Section >?& 'caling stations .n collaboration with appropriate government agencies, the Bureau shall establish control or scaling stations at suitably located outlets of timber and other forest products to insure that they were legally cut or harvested. Section >.& Mining operations (ining operations in forest lands shall be regulated and conducted with due regard to protection, development and utili0ation of other surface resources. 7ocation, prospecting, e#ploration, utili0ation or e#ploitation of mineral resources in forest reservations shall be governed by (ining laws, rules and regulations. ,o location, prospecting, e#ploration, utili0ation, or e#ploitation of mineral resources inside forest concessions shall be allowed unless proper notice has been served upon the licensees thereof and the prior approval of the =irector, secured. (ine tailings and other pollutants affecting the health and safety of the people, water, fish, vegetation, animal life and other surface resources, shall be filtered in silt traps or other filtration devices and only clean e#hausts and li;uids shall be released therefrom. "urfacemined areas shall be restored to as near its former natural configuration or as approved by the =irector prior to its abandonment by the mining concern. Section >-& Mineral 7eser;ations (ineral reservations which are not the sub1ect of mining operations or where operations have been suspended for more than five !B' years shall be placed under forest management by the Bureau. (ineral reservations where mining operations have been terminated due to the e#haustion of its minerals shall revert to the category of forest land, unless otherwise reserved for other purposes. Section >,& 7oads and ot%er infrastructure 6oads and other infrastructure in forest lands shall be constructed with the least impairment to the resource values thereof. >overnment agencies undertaking the construction of roads, bridges, communications, and other infrastructure and installations inside forest lands, shall coordinate with the Bureau, especially if it will involve the utili0ation or destruction of timber andCor other forest resources, or watershed disturbance therein, in order to adopt measures to avoid or reduce damage or in1ury to the forest resource values. They shall likewise e#tend assistance in the planning and establishment of roads, wharves, piers, port facilities, and other infrastructure in locations designated as woodprocessing centers or for the convenience of woodbased industries. .n order to coincide and conform to government plans, programs, standards, and specifications, holders of license agreements, licenses, leases and permits shall not undertake road or infrastructure construction or installation in forest lands without the prior approval of the =irector, or in alienable and disposable lands, civil reservations and other government lands, without the approval of the government agencies having administrative 1urisdiction over the same. -ll roads and infrastructure constructed by holders of license agreements, licenses, leases and permits belong to the "tate and the use and administration thereof shall be transferred to the government immediately upon the e#piration or termination thereof. 4rior thereto the Bureau may authori0e the public use thereof, if it will not be detrimental to forest conservation measures. /here roads are utili0ed by more than one commercial forest user, the Bureau shall prescribe the terms and conditions of 1oint use including the e;uitable sharing of construction andCor maintenance costs, and of the use of these roads by other parties and the collection of such fees as may be deemed necessary. Section F6& Logging roads There shall be indiscriminate construction of logging roads. "uch roads shall be strategically located and their widths regulated so as to minimi0e clearcutting, unnecessary damage or in1ury to healthy residuals, and erosion. Their construction must not only serve the transportation need of the logger but, most importantly, the re;uirement to save as many healthy residuals as possible during cutting and hauling operations. Section F+& Management of occupanc( in forest lands *orest occupancy shall henceforth be managed. The Bureau shall study, determine and define which lands may be the sub1ect of occupancy and prescribed therein, an agroforestry development program. 8ccupants shall undertake measures to prevent and protect forest resources. -ny occupancy in forest land which will result in sedimentation, erosion, reduction in water yield and impairment of other resources to the detriment of community and public interest shall not be allowed. .n areas above B&N in slope, occupation shall be conditioned upon the planting of desirable trees thereon andCor adoption of other conservation measures. Section F*& $ensus of kaingineros/ s2uatters/ cultural minorities and ot%er occupants and residents in forest lands :enceforth, no person shall enter into forest lands and cultivate the same without lease or permit. - complete census of kaingineros, s;uatters, cultural minorities and other occupants and residents in forest lands with or without authority or permits from the government, showing the e#tent of their respective occupation and resulting damage, or impairment of forest resources, shall be conducted. The Bureau may call upon other agencies of the government and holders of license agreement, license, lease and permits over forest lands to participate in the census. Section F=& $riminal ,rosecution Xaingineros, s;uatters, cultural minorities and other occupants who entered into forest lands before the effectivity of this 3ode, without permits or authority, shall not be prosecuted) 4rovided, That they do not increase their clearings) 4rovided, further, That they undertake, within two !9' months from the notice thereof, the activities which will be imposed upon them by the Bureau in accordance with a management plan calculated to conserve and protect forest resources. 5. "453.-7 F"5" Section F>& ,asture in forest lands ,o forest land B&N in slope or over may be utili0ed for pasture purposes. *orest lands which are being utili0ed for pasture shall be maintained with sufficient grass cover to protect soil, water and other forest resources. .f grass cover is insufficient, the same shall be supplemented with trees or such vegetative cover as may be deemed necessary. The si0e of forest lands that may be allowed for pasture and other special uses shall be determined by rules and regulations, any provision of law to the contrary notwithstanding. Section FF& 1ildlife /ildlife may be destroyed, killed, consumed, eaten or otherwise disposed of, without the necessity of permit, for the protection of life, health, safety and property, and the convenience of the people. :owever, the =irector may regulate the killing and destruction of wildlife in forest lands in order to maintain an ecological balance of flora and fauna. Section F?& 7ecreation The Bureau shall, in the preparation of multipleuse management plans, identify and provide for the protection of scenic areas in all forest lands which are potentially valuable for recreation and tourism, and plan for the development and protection of such areas to attract visitors thereto and meet increasing demands therefor. The construction and operation of necessary facilities to accommodate outdoor recreation shall be done by the Bureau with the use of funds derived from rentals and fees for the operation and use of recreational facilities by private persons or operators, in addition to whatever funds may be appropriated for such purposes. Section F.& 8t%er special uses of forest lands *orest lands may be leased for a period not e#ceeding twentyfive !9B' years, renewable upon the e#piration thereof for a similar period, or held under permit, for the establishment of sawmills, lumber yards, timber depots, logging camps, rights ofway, or for the construction of sanatoria, bathing establishments, camps, salt works, or other beneficial purposes which do not in any way impair the forest resources therein. *. YF-7.*.3-T.8," Section F-& -iffusion of )enefits The privilege to utili0e, e#ploit, occupy, or possess forest lands, or to conduct any activity therein, or to establish and operate woodprocessing plants, shall be diffused to as many ;ualified and deserving applicants as possible. Section F,& $itiBens%ip .n the evaluation of applications of corporations, increased *ilipino e;uity and participation beyond the @&N constitutional limitation shall be encouraged. -ll other factors being e;ual, the applicant with more *ilipino e;uity and participation shall be preferred. Section ?6& 9inancial and tec%nical capa)ilit( ,o license agreement, license, lease or permit over forest lands shall be issued to an applicant unless he proves satisfactorily that he has the financial resources and technical capability not only to minimi0e utili0ation, but also to practice forest protection, conservation and development measures to insure the perpetuation of said forest in productive condition. Section ?+& &ransfers Fnless authori0ed by the =epartment :ead, no licensee, lessee, or permittee may transfer, e#change, sell or convey his license agreement, license, lease or permit, or any of his rights or interests therein, or any of his assets used in connection therewith. The licensee, lessee, or permittee shall be allowed to transfer or convey his license agreement, license, lease or permit only if he has not violated any forestry law, rule or regulation+ has been faithfully complying with the terms and conditions of the license agreement, license, lease or permit+ the transferee has all the ;ualifications and none of the dis;ualifications to hold a license agreement, license, lease or permit+ there is no evidence that such transfer or conveyance is being made for purposes of speculation+ and the transferee shall assume all the obligations of the transferor. The transferor shall forever be barred from ac;uiring another license agreement, license, lease or permit. Section ?*& 'er;ice contracts The =epartment :ead, may in the national interest, allow forest products licensees, lessees, or permittees to enter into service contracts for financial, technical, management, or other forms of assistance, in consideration of a fee, with any foreign person or entity for the e#ploration, development, e#ploitation or utili0ation of the forest resources, covered by their license agreements, licenses, leases or permits. 5#isting valid and binding service contracts for financial, technical, management or other forms of assistance are hereby recogni0ed as such. Section ?=& :2uit( s%aring 5very corporation holding a license agreement, license, lease or permit to utili0e, e#ploit, occupy or possess any forest land, or conduct any activity therein, or establish and operate a woodprocessing plant, shall within one !$' year after the effectivity of this 3ode, formulate and submit to the =epartment :ead for approval a plan for the sale of at least twenty percent !9&N' of its subscribed capital stock in favor of its employees and laborers. The plan shall be so implemented that the sale of the shares of stock shall be effected by the corporation not later than the si#th year of its operation, or the first year of the effectivity of this 3ode, if the corporation has been in operation for more than B years prior to such effectivity. ,o corporation shall be issued any license agreement, license, lease or permit after the effectivity of this 3ode, unless it submits such a plan and the same is approved for implementation within the si#th year of its operation. The =epartment :ead shall promulgate the necessary rules and regulations to carry out the provisions of this section, particularly on the determination of the manner of payment, factors affecting the selling price, establishment of priorities in the purchase of the shares of stock, and the capability of the deserving employees and laborers. The industries concerned shall e#tend all assistance in the promulgation of policies on the matter, such as the submission of all data and information relative to their operation, personnel management, and asset evaluation. >. 65>F7-T86T *55" Section ?>& $%arges/ fees and )onds The =epartment :ead, upon recommendation of the =irector, shall fi# the amount of charges, rental, bonds and fees for the different kinds of utili0ation, e#ploitation, occupation, possession, or activity inside forest lands, the filing and processing of applications therefor, the issuance and renewal of license agreements, licenses, leases and permits, and for other services+ 4rovided, That all fees and charges presently being collected under e#isting laws and regulations shall continue to be imposed and collected until otherwise provided+ 4rovided, further, That timber taken and removed from private lands for commercial purposes shall be e#empt from the payment of forest charges. Section ?F& Aut%orit( of -epartment 5ead to impose ot%er fees .n addition to the fees and charges imposed under e#isting laws, rules and regulations, the =epartment :ead is hereby authori0ed, upon recommendation of the =irector and in consultation with representatives of the industries affected, to impose other fees for forest protection, management, reforestation, and development, the proceeds of which shall accrue into a special deposit of the Bureau as its revolving fund for the aforementioned purposes. Section ??& $ollection and -is)ursement The collection of the charges and fees abovementioned shall be the responsibility of the =irector or his authori0ed representative. The =irector shall remit his monthly collection of fees and charges mentioned in "ection @D to the Treasurer of the 4hilippines within the first ten !$&' days of the succeeding month+ 4rovided, That the proceeds of the collection of the fees imposed under "ection @B and the special deposit heretofore re;uired of licensees shall be constituted into a revolving fund for such purposes and be deposited in the 4hilippine ,ational Bank, as a special deposit of the Bureau. The Budget 3ommissioner and the ,ational Treasurer shall effect the ;uarterly releases out of the collection accruing to the general fund upon re;uest of the =irector on the basis of a consolidated annual budget of a work program approved by the =epartment :ead and the 4resident. .n the case of the special deposit revolving fund, withdrawals therefrom shall be effected by the =epartment :ead on the basis of a consolidated annual budget prepared by the =irector of a work program for the specific purposes mentioned in "ection @B. Section ?.& Basis of Assessment Tree measurement shall be the basis for assessing government charges and other fees on timber cut and removed from forest lands, alienable or disposable lands, and the civil reservations+ 4rovided, That until such time as the mechanics of tree measurement shall have been developed and promulgated in rules and regulations, the present scaling method provided for in the ,ational .nternal 6evenue 3ode shall be used. The =irector may, with the approval of the =epartment :ead, prescribe a new method of assessment of forest products and collection of charges thereon based upon the result of production cost and market studies undertaken by the Bureau+ 4rovided, That such charges shall not be lower than those now imposed. C:A8TER IV CRI9INAL O77ENSES AND 8ENALTIES Section ?-& $utting/ gat%ering and@or collecting tim)er or ot%er products wit%out license -ny person who shall cut, gather, collect, or remove timber or other forest products from any forest land, or timber from alienable and disposable public lands, or from private lands, without any authority under a license agreement, lease, license or permit, shall be guilty of ;ualified theft as defined and punished under -rticles A&% and A$& of the 6evised 4enal 3ode+ 4rovided, That in the case of partnership, association or corporation, the officers who ordered the cutting, gathering or collecting shall be liable, and if such officers are aliens, they shall, in addition to the penalty, be deported without further proceedings on the part of the 3ommission on .mmigration and =eportation. The 3ourt shall further order the confiscation in favor of the government of the timber or forest products to cut, gathered, collected or removed, and the machinery, e;uipment, implements and tools used therein, and the forfeiture of his improvements in the area. The same penalty plus cancellation of his license agreement, lease, license or permit and perpetual dis;ualification from ac;uiring any such privilege shall be imposed upon any licensee, lessee, or permittee who cuts timber from the licensed or leased area of another, without pre1udice to whatever civil action the latter may bring against the offender. Section ?,& Enlawful occupation or destruction of forest lands -ny person who enters and occupies or possesses, or makes kaingin for his own private use or for others any forest land without authority under a license agreement, lease, license or permit, or in any manner destroys such forest land or part thereof, or causes any damage to the timber stand and other products and forest growths found therein, or who assists, aids or abets any other person to do so, or sets a fire, or negligently permits a fire to be set in any forest land shall, upon conviction, be fined in an amount of not less than five hundred pesos !4B&&.&&' nor more than twenty thousand pesos !49&,&&&.&&' and imprisoned for not less than si# !@' months nor more than two !9' years for each such offense, and be liable to the payment of ten !$&' times the rental fees and other charges which would have been accrued had the occupation and use of the land been authori0ed under a license agreement, lease, license or permit) 4rovided, That in the case of an offender found guilty of making kaingin, the penalty shall be imprisoned for not less than two !9' nor more than !D' years and a fine e;ual to eight !?' times the regular forest charges due on the forest products destroyed, without pre1udice to the payment of the full cost of restoration of the occupied area as determined by the Bureau. The 3ourt shall further order the eviction of the offender from the land and the forfeiture to the >overnment of all improvements made and all vehicles, domestic animals and e;uipment of any kind used in the commission of the offense. .f not suitable for use by the Bureau, said vehicles shall be sold at public auction, the proceeds of which shall accrue to the =evelopment *und of the Bureau. .n case the offender is a government official or employee, he shall, in addition to the above penalties, be deemed automatically dismissed from office and permanently dis;ualified from holding any elective or appointive position. Section .6& ,asturing Li;estock .mprisonment for not less than si# !@' months nor more than two !9' years and a fine e;ual to ten !$&' times the regular rentals due, in addition to the confiscation of such livestock and all improvement introduced in the area in favor of the government, shall be imposed upon any person, who shall, without authority under a lease or permit, gra0e or cause to gra0e livestock in forest lands, gra0ing lands and alienable and disposable lands which have not as yet been disposed of in accordance with the 4ublic 7and -ct+ 4rovided, That in case the offender is a corporation, partnership or association, the officers and directors thereof shall be liable. Section .+& Illegal occupation of national parks s(stem and recreation areas and ;andalism t%erein -ny person who shall, without permit, occupy for any length of time any portion of the national parks system or shall, in any manner, cut, destroy, damage or remove timber or any species of vegetation or forest cover and other natural resources found therein, or shall mutilate, deface or destroy ob1ects of natural beauty or of scenic value within areas in the national parks system, shall be fined not less than two hundred !49&&.&&' pesos or more than five hundred !4B&&.&&' pesos e#clusive of the value of the thing damaged+ 4rovided, That if the area re;uires rehabilitation or restoration as determined by the =irector, the offender shall also be re;uired to restore or compensate for the restoration of the damage+ 4rovided, *urther, That any person who, without proper permit shall hunt, capture or kill any kind of bird, fish or wild animal life within any area in the national parks system shall be sub1ect to the same penalty+ 4rovided, *inally, That the 3ourt shall order eviction of the offender from the land and the forfeiture in favor of the >overnment of all timber or any species of vegetation and other natural resources collected or removed, and any construction or improvement made thereon by the offender. .f the offender is an association or corporation, the president or manager shall be directly responsible and liable for the act of his employees or laborers. .n the event that an official of a city or municipal government is primarily responsible for detecting and convicting the violator of the provisions of this "ection, fifty per centum !B&N' of the fine collected shall accrue to such municipality or city for the development of local parks. Section .*& -estruction of wildlife resources -ny person violating the provisions of "ection BB of this 3ode, or the regulations promulgated thereunder, shall be fined not less than one hundred !4$&&.&&' pesos for each such violation and in addition shall be denied a permit for a period of three !A' years from the date of the violation. Section .=& 'ur;e( )( unaut%oriBed person .mprisonment for not less than two !9' nor more than four !D' years, in addition to the confiscation of the implements used in the violation of this section including the cancellation of the license, if any, shall be imposed upon any person who shall, without permit to survey from the =irector, enter any forest lands, whether covered by a license agreement, lease, license, or permit, or not, and conduct or undertake a survey for whatever purpose. Section .>& Misclassification and sur;e( )( go;ernment official or emplo(ee -ny public officer or employee who knowingly surveys, classifies, or recommends the release of forest lands as alienable and disposable lands contrary to the criteria and standards established in this 3ode, or the rules and regulations promulgated hereunder, shall, after an appropriate administrative proceeding, be dismissed from the service with pre1udice to reemployment, and upon conviction by a court of competent 1urisdiction, suffer an imprisonment of not less than one !$' year and a fine of not less than one thousand, !4$,&&&.&&' pesos. The survey, classification or release of forest lands shall be null and void. Section .F& &a= declaration on real propert( .mprisonment for a period of not less than two !9' nor more than four !D' years and perpetual dis;ualification from holding an elective or appointive office, shall be imposed upon any public officer or employee who shall issue a ta# declaration on real property without a certification from the =irector of *orest =evelopment and the =irector of 7ands or their duly designated representatives that the area declared for ta#ation is alienable and disposable lands, unless the property is titled or has been occupied and possessed by members of the national cultural minorities prior to <uly D, $%BB. Section .?& $oercion and influence -ny person who coerces, influences, abets or persuades the public officer or employee referred to in the two preceding sections to commit any of the acts mentioned therein shall suffer imprisonment of not less than one !$' year and pay a fine of five hundred !4B&&.&&' pesos for every hectare or a fraction thereof so improperly surveyed, classified or released. Section ..& Enlawful possession of implements and de;ices used )( forest officers .mprisonment for a period of not less than !9' nor more than four !D' years and a fine of not less than one thousand pesos !4$,&&&.&&', nor more than ten thousand !4$&,&&&.&&' pesos in addition to the confiscation of such implements and devices, and the automatic cancellation of the license agreement, lease, license or permit, if the offender is a holder thereof, shall be imposed upon any person who shall, without authority from the =irector or his authori0ed representative, make, manufacture, or has in his possession any government marking, hatchet or other marking implement, or any marker, poster, or other devices officially used by officers of the Bureau for the marking or identification of timber or other products, or any duplicate, counterfeit, or imitation thereof, or make or apply a government mark on timber or any other forest products by means of any authentic or counterfeit device, or alter, deface, or remove government marks or signs, from trees, logs, stumps, firewoods or other forest products, or destroy, deface, remove or disfigure any such mark, sign, poster or warning notices set by the Bureau to designate the boundaries of cutting areas, municipal or city forest or pasture, classified timber land, forest reserve, and areas under the national park system or to make any false mark or imitation of any mark or sign herein indicated+ 4rovided, That if the offender is a corporation, partnership or association, the officers and directors thereof shall be liable. Section .-& ,a(ment/ collection and remittance of forest c%arges -ny person who fails to pay the amount due and payable under the provisions of this 3ode, the ,ational .nternal 6evenue 3ode, or the rules and regulations promulgated thereunder, shall be liable to the payment of a surcharge of twenty five per centum !9BN' of the amount due and payable. -ny person who fails or refuses to remit to the proper authorities said forest charges collectible pursuant to the provisions of this 3ode or the ,ational .nternal 6evenue 3ode, or who delays, obstructs or prevents the same, or who orders, causes or effects the transfer or diversion of the funds for purposes other than those specified in this 3ode, for each such offense shall, upon conviction, be punished by a fine of not e#ceeding one hundred thousand pesos !4$&&,&&&.&&' andCor imprisonment for a period of not e#ceeding si# !@' years in the discretion of the 3ourt. .f the offender is a government official or employee, he shall, in addition, be dismissed from the service with pre1udice to reinstatement and with dis;ualification from holding any elective or appointive office. .f the offender is a corporation, partnership or association, the officers and directors thereof shall be liable. Section .,& 'ale of wood products ,o person shall sell or offer for sale any log, lumber, plywood or other manufactured wood products in the international or domestic market unless he complies with grading rules and established or to be established by the >overnment. *ailure to adhere to the established grading rules and standards, or any act of falsification of the volume of logs, lumber, or other forest products shall be a sufficient cause for the suspension of the e#port, sawmill, or other license or permit authori0ing the manufacture or sale of such products for a period of not less than two !9' years. - duly accredited representative of the Bureau shall certify to the compliance by the licensees with grading rules. 5very dealer in lumber and other building material covered by this 3ode shall issue an invoice for each sale of such material and such invoice shall state that the kind, standard and si0e of material sold to each purchaser in e#actly the same as described in the invoice. -ny violation of this "ection shall be sufficient ground for the suspension of the dealer2s license for a period of not less than two !9' years and, in addition thereto, the dealer shall be punished for each such offense by a fine of not less than two hundred pesos !49&&.&&' or the total value of the invoice, whichever is greater. Section -6& ArrestL Institution of criminal actions - forest officer or employee of the Bureau shall arrest even without warrant any person who has committed or is committing in his presence any of the offenses defined in this 3hapter. :e shall also sei0e and confiscate, in favor of the >overnment, the tools and e;uipment used in committing the offense, and the forest products cut, gathered or taken by the offender in the process of committing the offense. The arresting forest officer or employee shall thereafter deliver within si# !@' hours from the time of arrest and sei0ure, the offender and the confiscated forest products, tools and e;uipment to, and file the proper complaint with, the appropriate official designated by law to conduct preliminary investigations and file informations in court. .f the arrest and sei0ure are made in the forests, far from the authorities designated by law to conduct preliminary investigations, the delivery to, and filing of the complaint with, the latter shall be done within a reasonable time sufficient for ordinary travel from the place of arrest to the place of delivery. The sei0ed products, materials and e;uipment shall be immediately disposed of in accordance with forestry administrative orders promulgated by the =epartment :ead. The =epartment :ead may deputi0e any member or unit of the 4hilippine 3onstabulary, police agency, barangay or barrio official, or any ;ualified person to protect the forest and e#ercise the power or authority provided for in the preceding paragraph. 6eports and complaints regarding the commission of any of the offenses defined in this 3hapter, not committed in the presence of any forest officer or employee, or any of the deputi0ed officers or officials, shall immediately be investigated by the forest officer assigned in the area where the offense was allegedly committed, who shall thereupon receive the evidence supporting the report or complaint. .f there is prima facie evidence to support the complaint or report, the investigating forest officer shall file the necessary complaint with the appropriate official authori0ed by law to conduct a preliminary investigation of criminal cases and file an information in 3ourt. 8D No& +..F A9ENDIN; SECTION EI;:TB O7 8RESIDENTIAL DECREE NU9BERED SEVEN :UNDRED 7IVE) AS A9ENDED) OT:ERWISE <NOWN AS T:E LREVISED 7ORESTRB CODE O7 T:E 8:ILI88INES&L 15:7:A', it is of common knowledge that only few criminal cases are being filed against violators of the forestry laws, rules and regulations because of the apparent lack of manpower in the prosecuting arm of the Bureau of *orestry =evelopment which predicament could not be feasibly augmented due to the present economic situation of the country+ 15:7:A', it is of common knowledge that only few criminal cases are being filed against violators of the forestry laws, rules and regulations because of the apparent lack of manpower in the prosecuting arm of the Bureau of *orestry =evelopment which predicament could not be feasibly augmented due to the present economic situation of the country+ 15:7:A', "ection ?& of the I6evised *orestry 3ode of the 4hilippinesI, or any other law, rule and regulation does not authori0e members of the 4hilippine 3onstabularyC.ntegrated ,ational 4olice to file complaints against forest law violators e#cept when they are lawfully deputi0ed by the (inister of -griculture and ,atural 6esources pursuant to the said 3ode+ N81/ &5:7:987:, ., *56=.,-,= 5. (-638", 4resident of the 4hilippines, by virtue of the powers vested in me by the 3onstitution, do hereby degree that) "53T.8, $. "ection ?& of 4residential =ecree ,o. 7&B is amended to read as follows) I"ec. ?&. Arrest6 institution of criminal actions + - forest officers or employee of the Bureau or any personnel of the 4hilippines 3onstabularyC .ntegrated ,ational 4olice shall arrest even without warrant any person who has committed or committing in his presence any of the offenses defined in this 3hapter. :e shall also sei0e and confiscate, in favor of the >overnment, the tools and e;uipment used in committing the offense, and the forest products cut, gathered or taken by the offender in the process committing the offense. The arresting forest officer or employee shall thereafter deliver within si# !@' hours from the time of arrest and sei0ure, the offender and the confiscated forest product, tools and e;uipment and file the proper complaint with, the appropriate official designated by law to conduct preliminary investigation and file information in 3ourt. .f the arrest and sei0ure are made in the forest, far from the authorities designated by the law to conduct preliminary investigations, the delivery to, and filing of the complaint with, the latter shall be done within a reasonable time sufficient to the place of delivery. The sei0ed products, materials and e;uipment shall be immediately disposed of in accordance with forestry administrative orders promulgated by the =epartment :ead. The =epartment :ead may deputi0ed any agency, Bering or barrio official, or any ;ualified person to protect the forest and e#ercise the power or authority provided for in the preceding paragraph. 6eports and complaints regarding the commission of any of the offenses defined in this 3hapter, not committed in the presence of any forest officer or employee, or any personnel of the 4hilippine 3onstabularyC.ntegrated ,ational 4olice or any of the deputi0ed officers of officials, shall immediately be investigated by the forest officer assigned in the area or any personnel of the 4hilippine 3onstabularyC.ntegrated ,ational 4olice where the offense was allegedly committed, who shall thereupon receive the evidence supporting the report or complaint. .f there is a prima facie evidence to support the complaint or report the investigating forest officer andC or members of the 4hilippine 3onstabularyC.ntegrated ,ational 4olice shall file the necessary complaint with the appropriate official authori0ed by law to conduct a preliminary investigation of criminal case and file an information in 3ourt.I E#ecuti4e Or%er No& =+-) 8RO9OTIN; SUSTAINABLE 7OREST 9ANA;E9ENT IN T:E 8:ILI88INES W:EREAS) the 3onstitution provides for the protection and advancement of the right of the people to a balanced and healthy environment in accord with the rhythm and harmony of nature, to protect the *ilipino people from disaster like floods or landslide, and from threats to environmental and economic security like wood and water shortage, biodiversity loss, air pollution and drought. 7ikewise, it provides for the full, efficient and rightsbased use of natural resources to abate poverty, promote industriali0ation and full employment, affirm the diverse cultures of the *ilipino, and ensure their availability to present and future generations+ W:EREAS) "ustainable *orest (anagement !"*(' is provided in the >lobal 4lan of implementation of the /orld "ummit on "ustainable =evelopment adopted in <ohannesburg, as an international strategy for developing and managing forests+ W:EREAS) important socioeconomic and environmental changes and policy reforms that directly affect the forestry sector have taken place since the issuance in $%7B of 4residential =ecree ,o. 7&B, otherwise known as the 6evised *orestry 3ode of 4hilippines, and unless and until otherwise directed by 3ongress, there is a need to provide guidance to national agencies and instrumentalities on how to best harmoni0e these policy reforms and make the forestry sector responsive to e#ternal changes, and attain "*( in the 4hilippines+ W:EREAS) logging or any commercial e#ploitation of forestry resources in old growth forests, proclaimed watersheds and other areas covered by the ,ational .ntegrated 4rotected -reas "ystem !,.4-"' is prohibited to ensure the perpetual e#istence of all native plants and animals+ W:EREAS) a watershedbased integrated ecosystem management approach is deemed appropriate for "*( due to the interrelationships and interactions between and among the various ecosystems of a watershed such as the uplands and coastal areas) NOW) T:ERE7ORE) I ;LORIA 9ACA8A;AL ARROBO) 4resident of the 6epublic of the 4hilippines, by virtue of the powers vested in me by the 3onstitution, do hereby order) SECTION +& 4eclaration of 0olicy. .t shall be the 4olicy of the >overnment to pursue the sustainable management of forests and forestlands in watersheds. /atersheds shall be deemed as ecosystem management units and shall be managed in a holistic, scientific, rightsbased, technology based and communitybased manner and observing the principles of multiuse, decentrali0ation and devolution, and active participation of local government units !7>Fs', synergism of economic, ecological, social and cultural ob1ectives, and the rational utili0ation of all resources found therein. .t shall likewise be the policy of the >overnment to promote sound, effective and efficient, globally competitive and e;uitable forestry practices in both public and private domains. SECTION *& 5uiding 0rinciles. The pursuit of these policies shall be guided by the following principles) *&+&Delineation) Classification an% De5arcation of State 7orestlan%s $. "tate forestlands shall be identified, classified and delineatedCdemarcated on the ground and shall constitute the permanent forest estate unless otherwise stipulated by 3ongress+ the same shall be categori0ed and managed either as primarily for production or as primarily for protection purposes, and in both cases, placed under a formal management scheme. 9. 3onversions of forestlands into nonforestry uses shall be allowed only through an act of 3ongress and upon the recommendation of concerned government agencies. *&*& :olistic) Sustaina"le an% Inte'rate% De4elo/5ent of 7orestr$ Resources $. The development and management of the 4hilippines forests and forestlands including the coastal forests shall be for the highest and widest public benefit and shall be based on the inherent productive capacity and sustainable use of these resource for the present and future generation of *ilipinos. 9. The priority development, protection and management activity of any management unit shall be the rehabilitation of open andCor denuded, degraded, fragile forestlands+ and slope stabili0ation and protection to address occurrence of floods, landslides and similar ecological disasters. A. The establishment of tree parks, regreening and roadside planting of forest species in open and appropriate spaces shall be prioriti0ed to mitigate worsening urban air ;uality and global warming. *&=& Co55unit$HBase% 7orest Conser4ation an% De4elo/5ent $. 3ommunityBased *orest (anagement !3B*(' shall be the primary strategy in all forest conservation and development and related activities, including 1oint ventures, production sharing and coproduction+ it shall be encouraged in all private sector forestry enterprises and ventures. 9. 3B*( shall be a collaborative undertaking of the national government and the 7>Fs, local peoples, community organi0ations, civil society organi0ations !3"8s', and private business entities. A. 7ocal cultures, values, traditions, religious beliefs and the rights of indigenous peoples to their ancestral lands and domains as promoted andCor defined by e#isting legislation shall be recogni0ed and respected in all forestry undertakings of the "tate and the private sector. *&>& Incenti4es for En!ancin' 8ri4ate In4est5ents) Econo5ic Contri"ution an% ;lo"al Co5/etiti4eness of 7orestHBase% In%ustries $. The government shall provide a favorable and stable policy and investment environmentfriendly forest based industries, ensure their sustainable raw material supply and encourage valueadded processing incountry to boost rural employment and the economy. 9. *ilipino entrepreneurship in forestry shall be encouraged and supported. A. - package of incentives and services that are responsive to the development of forests in private and public forestlands shall be adopted to encourage the development of private forests, including the deregulation of privatelydeveloped forests and privatelyplanted trees and enhancement of capacities of stakeholders to engage in private forest development and related activities. D. The development of highvalue tree crops and nontimber forest crops in public forestlands, private lands and in home forest gardens shall be promoted and encouraged to enhance economic and ecological benefits and attain self sufficiency in the countrys wood re;uirements. B. .ncentives shall be provided to encourage comanagement of forest resources involving national and other government agencies !,>-sC8>-s', 7>Fs, 3"8s, and the private sector. *&F 8ro/er Valuation an% 8ricin' of 7orestr$ Resources an% 7inancin' S79 $. (echanism for proper valuation and fair and comprehensive pricing of forest products and services, including water for domestic, industrial, irrigation and power generation, biodiversity and ecotourism, shall be developed and promoted. 9. 7ocal, regional and national plowback mechanisms of utili0ing proceeds from the use of watersheds, forests and forestlands for ecological and environmental services such as, but not limited to power generation, supplying domestic and irrigation water, and ecotourism, shall be developed and promoted to finance forest protection, rehabilitation, and development. A. -ppropriate and doable mechanisms for adopting the principles of environment and natural resources accounting !5,6-' and watershed ecosystems as minimum spatial units of accounts shall be developed and institutionali0ed. D. .nnovative financial systems and approaches, such as securiti0ation, bonds and collaborative investments, shall be encouraged to support sustainable forest management and enterprises and the conservation of forestbased biodiversity in the 4hilippines. B. >overnment investments in and outsourced financing for forest development such as the application of clean development mechanism !3=(' shall be prioriti0ed in favor of forestlands that serve a significantly large population such as critical watersheds andCor which serve to reduce poverty and ine;uitable access to forests such as those under 3B*( andCor comanagement by ,>-sC8>-s, 7>Fs, industries, 3"8s, and local communities. *&?& Institutional Su//ort for S79 $. The principles and practices of good governance such as transparency, accountability and participatory decision making, in transactions, decisions and actions affecting forestry, in all levels, and the policy of streamlining, decentrali0ation, devolution and deregulation shall be adopted, promoted and institutionali0ed in the >overnment service. 9. 4artnerships and collaboration between and among the =5,6, ,>-sC8>-s, 7>Fs, professional forestry organi0ations, local communities, civic groups, 3"8s, basic sectors, academic and other research and development institutions and other stakeholders shall be promoted. A. *orestry administrative systems and institutions, including research and development, shall be upgraded and moderni0ed. D. -cademic programs and scientific research shall be harnessed to generate information, technologies and policies that will strengthen national capacities for "*( under the frameworks of watershed ecosystem management !/5(' and 3B*(. B. :uman resources development programs for all stakeholders shall be rationali0ed and upgraded in support of "*(+ forestry e#tension services by ,>-sC8>-s and 7>F shall be upgraded and intensified and undertaken with 3"8s, to support 3B*(, pirvate forestry, forestry comanagement enterprises, and the development of forest based biodiversity. @. *orest land use plans shall be incorporated by 7>Fs in their comprehensive land use plans. ,ational >overnment agencies shall assist 7>Fs in this endeavor. 7. ,etworks and linkages involved with local and international institutions, 3"8s, 7>Fs, and industries involved in the promotion and practice of "*( shall be strengthened. EO No & *?= ADO8TIN; CO99UNITBHBASED 7OREST 9ANA;E9ENT AS T:E NATIONAL STRATE;B TO ENSURE T:E SUSTAINABLE DEVELO89ENT O7 T:E COUNTRBOS 7ORESTLANDS RESOURCES AND 8ROVIDIN; 9EC:ANIS9S 7OR ITS I98LE9ENTATION /:565-", -rticle .., "ection $@ of the $%?7 3onstitution provides for the protection and advancement of the right of the *ilipino people, both men and women, to a healthful and balanced ecology+ /:565-", -rticle .., "ection $& provides for the promotion of social 1ustice to all citi0ens in all phases of national development+ /:565-", -rticle M.G, "ection $7 mandates the "tate to recogni0e and respect the rights of the indigenous peoples to their ancestral domains and consider their customs, traditions and beliefs in the formulation of laws and policies+ /:565-", 5#ecutive 8rder ,o. $%9, series of $%?7, mandates the =epartment of 5nvironment and ,atural 6esources !=5,6' as the primary government agency responsible for the sustainable management and development of the country2s natural resources+ /:565-", the 4hilippines 9&&& and the government2s "ocial 6eform -genda support people empowerment and the full, meaningful and indispensable participation of communities as immediate stakeholders of the forestland resources in the protection and management of the forest ecosystem+ /:565-", the 9Byear (aster 4lan for *orestry =evelopment also recogni0es the indispensable role of local communities in forest protection, rehabilitation, development and management, and targets the protection, rehabilitation, management, and utili0ation of at least D million hectares of forestlands, through the communitybased forest management strategy+ /:565-", entrusting the responsibility for forest rehabilitation, protection, and conservation to the community of stakeholders and affording them e;uitable access to the forest and coastal resources are viable forestland management strategies as borne by the e#perience of the =5,6 and various supporting agencies+ ,8/, T:565*865, . *.=57 G. 6-(8", 4resident of the 4hilippines, by virtue of the powers vested in me by law, do hereby order that) "ec. $. 3ommunitybased forest management !herein referred to as 3B*(' shall be the national strategy to achieve sustainable forestry and social 1ustice. "ec. 9. The =5,6, through its 3ommunity and 4rovincial 5nvironment and ,atural 6esource 8ffices, in coordination with the local government units and the =epartment of .nterior and 7ocal >overnment !=.7>' shall, at all times, take into account the needs and aspirations of local communities whose livelihood depends on the forestlands. "ec. A. 4articipating organi0ed communities may be granted access to the forestland resources under long term tenurial agreements, provided they employ environmentfriendly, ecologically sustainable, and laborintensive harvesting methods. "uch harvesting methods shall be mentioned under a sitespecific management plan of each recipient community and duly approved by the =5,6. "ec. D. The indigenous peoples may participate in the implementation of 3B*( activities in recognition of their rights to their ancestral domains and land rights and claims. "ec. B. - 3B*( "teering 3ommittee shall be created immediately and headed by the =5,6 with members from the =epartments of -griculture, Trade and .ndustry, -grarian 6eform, *inance, "cience and Technology, 7abor and 5mployment, .nterior and 7ocal >overnment, Budget and (anagement, ,ational =efense and <ustice+ ,ational 5conomic =evelopment and -uthority+ 4hilippine 3ommission on 3ountrywide =evelopment under the 8ffice of the 4resident, 3ommittee on *lagship 4rograms and 4ro1ects of the 8ffice of the 4resident+ 4residential (anagement "taff under the 8ffice of the 4resident+ 3ooperative =evelopment -uthority, and 8ffices of ,orthern and "outhern 3ultural 3ommunities. The 3ommittee may invite representatives from the 4hilippine 3hamber of 3ommerce, 4hilippine /ood 4roducts -ssociation, ,>8 coalition groups, and other public and private organi0ations to become members of the "teering 3ommittee. The 3ommittee shall formulate and develop policy guidelines that will create incentives and conditions necessary to effectively carry out communitybased forest management strategy. -ccordingly, members of the 3B*( "teering 3ommittee should, at least, be represented by concerned -ssistant "ecretaries or heads of bureaus and agencies. "ec. @. The =5,6 shall work with local governments, people2s organi0ations !48s', nongovernment organi0ations !,>8s', religious groups, business and industry, and other concerned organi0ations to ensure that communities are empowered to initiate and achieve the ob1ectives of this 8rder. "ec. 7. .n its budget preparation, the =5,6 shall allot ade;uate funds to effectively accomplish 3B*( targets and shall seek supplementary funding from local and foreign supporting agencies and organi0ations. =5,6 shall ensure the inclusion of budgetary allocation for 3B*( in the annual >eneral -ppropriations -ct, pending the passage of the revised *orestry 3ode. "ec. ?. The =5,6 shall establish a 3ommunitybased *orest (anagement "pecial -ccount !3B*("-' to support the implementation of the strategy and provide financial and professional incentive system for deserving communities and government personnel. "ec. %. The =5,6 may source local and international grants and donations for the establishment of the 3B*( "pecial -ccount. 8ther sources of fund may later be determined by the 3B*( "teering 3ommittee sub1ect to e#isting government regulations. "ec. $&. The =5,6 shall support and set up 1ointly with relevant colleges and universities, private and public organi0ations, arrangements for a community forestry training program for members of participating units, such as people2s organi0ations, nongovernment organi0ations, local government units, and other government personnel. "ec. $$. /ithin si# months after the signing of this 8rder, the =5,6, in consultation with government financial institutions, such as the =evelopment Bank of the 4hilippines !=B4', the 7and Bank of the 4hilippines !7B4', >"." and the """, shall effect the creation of favorable financing mechanisms for access by communities and organi0ations in the pursuit of the 3B*( strategy and its substrategies such as community training and empowerment, enterprise development, agroforestry development, tree plantations, and other nonforestbased alternative livelihood systems. "ec. $9. The =5,6 "ecretary shall issue new rules, regulations, procedures, and guidelines necessary to implement this 8rder and repeal or modify e#isting ones consistent with the policies set forth by the 3B*( "teering 3ommittee. "ec. $A. The =5,6 "ecretary shall, within si# months from the signing of this 8rder, submit to the 8ffice of the 4resident, a ,ational 3omprehensive 3ommunity *orestry -ction 4lan, which embodies the =epartment2s short, medium and longterm plans. The action plan shall be discussed and approved by the 3B*( "teering 3ommittee prior to its submission to the 4resident. "ec. $D. -ll previous e#ecutive and administrative issuances which are inconsistent herewith are repealed or amended accordingly. Re/u"lic Act No& ,+.F C!ain Saw Act of *66* Section *& -eclaration ,olic( P .t is the policy of the "tate consistent with the 3onstitution, to conserve, develop and protect the forest resources under sustainable management. Toward this end, the "tate shall pursue an aggressive forest protection program geared towards eliminating illegal logging and other forms of forest destruction which are being facilitated with the use of chain saws. The "tate shall therefore regulate the ownership, possession, sale, transfer, importation andCor use of chain saws to prevent them from being used in illegal logging or unauthori0ed clearing of forests. Section =. -efinition of &erms -s used in this -ct, the term) !a' I3hain sawI shall refer to any portable power saw or similar cutting implement, rendered operative by an electric or internal combustion engine or similar means, that may be used for, but is not limited to, the felling of trees or the cutting of timber+ !b' I3hain saw dealerI shall refer to a person, natural or 1uridical, engaged in the manufacture, importation, distribution, purchase andCor sale of chain saws+ !c' I=epartmentI shall refer to the =epartment of 5nvironment and ,atural 6esources+ and !d' I"ecretaryI shall refer to the "ecretary of the =epartment of 5nvironment and ,atural 6esources. Section >& ,ersons Aut%oriBed to Manufacturer/ 'ell and Import $%ain 'aws 3hain saws shall only be sold andCor imported by manufacturers, dealers andCor private owners who are duly authori0ed by the =epartment. Section F& ,ersons Aut%oriBed to ,ossess and Ese a $%ain 'aw The =epartment is hereby authori0ed to issue permits to possess andCor use a chain saw for the felling landCor cutting of trees, timber and other forest or agroforest products to any applicant who) !a' has a subsisting timber license agreement, production sharing agreement, or similar agreements, or a private land timber permit+ !b' is an orchard and fruit tree farmer+ !c' is an industrial tree farmer+ !d' is a licensed wood processor and the chain saw shall be used for the cutting of timber that has been legally sold to said applicant+ or !e' shall use the chain saw for a legal purpose. -gencies of the government that use chain saws in some aspects of their functions must likewise secure the necessary permit from the =epartment before operating the same. Section ?& 7egistration of $%ain 'aws /ithin a period of three !A' months from the effectivity hereof, all persons who own or are otherwise in possession of chain saws must register the same with the =epartment, through any of its 3ommunity 5nvironment and ,atural 6esources 8ffice, which shall issue the corresponding registration certificate or permit if it finds such persons to be ;ualified hereunder. 5very permit to possess andCor use a chain saw for legitimate purpose shall be valid for two !9' years upon issuance) ,ro;ided, That permits to possess and use chainsaw issued to noncommercial orchard and fruit tree farmers shall be valid for a period of five !B' years upon issuance. *or this purpose, the =epartment shall be allowed to collect reasonable registration fees for the effective implementation of this -ct. Section .& ,enal ,ro;isions !a' 'elling/ ,urc%asing/ 7e+selling/ &ransferring/ -istri)uting or ,ossessing a $%ain 'aw 1it%out a ,roper ,ermit. -ny person who sells, purchases, transfer the ownership, distributes or otherwise disposes or possesses a chain saw without first securing the necessary permit from the =epartment shall be punished with imprisonment of four !D' years, two !9' months and one !$' day to si# !@' years or a fine of not less than *ifteen thousand pesos !4$B,&&&.&&' but not more Thirty thousand pesos !A&,&&&.&&' or both at the discretion of the court, and the chain sawCs confiscated in favor of the government. !9' Enlawful Importation or Manufacturing of $%ain 'aw + -ny person who imports or manufactures a chain saw without obtaining prior authori0ation from the =epartment shall be punished by imprisonment of not less than one !$' month nor more than si# !@' months and a fine of not less than 8ne thousand pesos !4$,&&&.&&' for more than *our thousand pesos !4D,&&&.&&'. !A' &ering of :ngine 'erial Num)er. -ny person who is found to have defaced or tampered with the original registered engine serial number of any chain saw unit shall be punished by imprisonment of not less than one !$' month nor more than si# !@' months and a fine of not less than 8ne thousand pesos !4$,&&&.&&' nor more than *our thousand pesos !4D,&&&.&&'. !D' Actual Enlawful Ese of $%ain 'aw -ny person who is found to be in possession of a chain saw and uses the same to cut trees and timber in forest land or elsewhere e#cept as authori0ed by the =epartment shall be penali0ed with imprisonment of si# !@' years and one !$' day to eight !?' years or a fine of not less that Thirty thousand pesos !4A&,&&&.&&' but not more than *ifty thousand pesos !4B&,&&&.&&' or both at the discretion of the court without pre1udice to being prosecuted for a separate offense that may have been simultaneously committed. The chain saw unlawfully used shall be likewise confiscated in favor of the government. .f the violation under this "ection is committed by or through the command or order of another person, partnership or corporation, the penalties herein provided shall likewise be imposed on such other person, or the responsible officer!s' in such partnership or corporation. .f the offender is a public official or employee, in addition to the above penalties, he shall be removed from office and perpetually dis;ualified from holding any public office. The chain saws confiscated under this "ection shall be sold at public auction to ;ualified buyers and the proceeds thereof shall go to the =epartment. Section -& 7eward -ny person who voluntarily gives information leading to the recovery or confiscation of an unregistered chain saw and the conviction of persons charged thereof shall be entitled to a reward e;uivalent to twenty person !9&N' of the value of the chain saw unit!s'. The =epartment is authori0ed to include in its budget the amount necessary to carry out the purpose of this "ection. Section ,. Aut%orit( of t%e 'ecretar( To effectively implement the provisions of this -ct, the "ecretary shall issue the implementing rules and regulations within ninety !%&' days upon approval of this -ct. :e shall likewise organi0e an office within the =epartment to ensure that re;uirements imposed by this -ct may be complied with by ;ualified persons, within the shortest possible time, at the least possible e#pense. .n the 4rovince of 4alawan, the provisions of this -ct shall be implemented by the 4alawan 3ouncil for "ustainable =evelopment pursuant to 6epublic -ct ,o. 7@$$ or the "trategic 5nvironmental 4lan for 4alawan. Section +6& 7e;ocation of 7egistration and ,ermit. The "ecretary may revoke any 3ertificate of 6egistration or permit previously issued to a person found violating the provisions of this -ct, or the rules and regulations issued pursuant thereto. Section ++& Aoint $ongressional 8;ersig%t $ommittee. To monitor and oversee the implementation of this -ct, including the approval of the rules and regulations issued pursuant hereto, there is hereby created a <oint 3ongressional 8versight 3ommittee to be composed of the 3hairpersons of the "enate 3ommittee on 5nvironment and ,atural 6esources and the :ouse 3ommittee on ,atural 6esources as 3hairperson and 3o3hairperson, five !B' members of each of the "enate and the :ouse of 6epresentatives who shall be designated by the "enate 4resident and the "peaker of the :ouse of 6epresentatives as members) ,ro;ided/ That the two !9' of the five !B' senators and two !9' of the five !B' :ouse members shall be nominated by the respective (inority 7eaders of the "enate and the :ouse of 6epresentatives.