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Environmental Engineering: Philippine Environmental Laws




Don Honorio Ventura Technological State University

Submitted by:

Jagger T. Sison

Ethel Joy Dizon

Ma. Louwella Jose

Tristan Carl Baul

Mark Kelvin Dale Morales

Submitted to:

Engr. Erre Yasser P. Apino

Environmental Engineering: Philippine Environmental Laws


Presidential Decree (PD) 1586: Philippine Environmental Impact

Statement System

This law requires private corporations, firms or entities including agencies and instrumentalities of the
government to prepare an environmental impact statement (EIS) for every proposed project and
undertaking which significantly affect the quality of the environment. The EIS is a document that
provides a comprehensive study of the significant impacts of a project on the environment. It is prepared
and submitted by the project proponent and/or EIA Consultant as an application for an Environmental
Compliance Certificate (ECC). In general, only projects that pose potential significant impact to the
environment shall be required to secure an ECC. In determining the scope of the EIS System, two factors
are considered: (i) the nature of the project and its potential to cause significant negative environmental
impacts, and (ii) the sensitivity or vulnerability of environmental resources in the project area.
Environmental Impact Assessment (EIA) is the process that involves evaluating and predicting the
likely impacts of a projecton the environment during construction, commissioning, operation and
abandonment. It is undertaken by, among others, the project proponent and/or EIA Consultant, EMB, a
Review Committee, affected communities and other stakeholders. An ECC is a document issued by the
DENR/EMB after a positive review of an ECC application, certifying that based on the representations of
the proponent, the proposed project or undertaking will not cause significant negative environmental
impact. The ECC also certifies that the proponent has complied with all the requirements of the EIS
System and has committed to implement its approved Environmental Management Plan.

Republic Act (RA) 8749: Clean Air Act (CAA) of 1999

Provides for a comprehensive air quality management policy and program which aims to achieve and
maintain healthy air for all Filipinos. The DENR Secretary, upon recommendation of the EMB, will
divide the country into different airsheds. Airsheds are to be designated based on climate, weather,
meteorology, and topology, which affect the mixture and diffusion of pollutants in the air, share common
interests or face similar development problems. These will be managed by multi-sectoral Governing
Boards chaired by the DENR Secretary with representatives from concerned government agencies, the
private sector, NGOs and LGUs. The Clean Air Act covers allpotential sources of air pollution, to wit:
(1) Mobile Sources (eg. motor vehicles); (2) Point or Stationary Sources (eg. industrial plants); and (3)
Area Sources (eg. wood or coal burning) Smoke belching vehicles on the road will undergo emission
testing. Violators will be subject to the following fines/penalties:

1st Offense P 1,000.00

2nd Offense P 3,000.00

3rd Offense P 5,000.00 plus a seminar on pollution management.

Environmental Engineering: Philippine Environmental Laws

In order to achieve clean air, we need clean fuels. The CAA provides for the complete phase-out of leaded
gasoline; lowering of the sulfur content of industrial and automotive diesel; lowering ofaromatics and
benzene in unleaded gasoline. Stationary sources must comply with the National Emission Standards
for Source Specific Air Pollutants (NESSAP) and National Ambient Air Quality Standards
(NAAQS) and must secure their permit to operate, prior to operation. A business firm is fined of not more
than P100,000 for every day of violation until such time that standards are met or imprisonment of not
less than 6 years but not more than 10 years upon the discretion of the court. The Pollution Adjudication
Board (PAB) adjudicates all environmental cases.

RA 9275: Philippine Clean Water Act of 2004

The law aims to protect the country’s water bodies from land-based pollution sources (industries and
commercial establishments, agriculture and community/household activities) It provides for a
comprehensive and integrated strategy to prevent and minimize pollution through a multi-sectoral and
participatory approach involving all the stakeholders. Under the Act, discharges of wastewater shall be
controlled. Owners or operators of facilities that discharge wastewater are required to get a permit to
discharge from the EMB or the Laguna Lake Development Authority. Domestic wastewater will be
addressed accordingly. The Department of Public Works and Highways (DPWH), in coordination
with local government units (LGUs) will prepare a national program on sewage and septage
management. On the other hand, LGUs are to provide the land including road right of the way for the
construction of sewage and/or septage treatment facilities and raise funds for the operations and
maintenance of said facilities. The Department of Health (DOH) will formulate guidelines and
standards for the collection, treatment and disposal of sewage as well as the guidelines for the
establishment and operation of centralized sewage treatment system. The water district will provide water
supply and sewerage facilities and to connect existing sewage lines, subject to the payment of sewerage
service charges/fees within five years following effectivity of this Act. Anyone discharging wastewater
into a water body will have to pay a wastewater charge. This economic instrument will encourage
investments in cleaner production and pollution control technologies to reduce the amount of pollutants
generated and discharged.

RA 6969: Philippine Toxic Substances and Hazardous and Nuclear Waste Act

The Act provides the legal framework for the Philippines to control And manage the importation,
manufacture, processing, distribution, use, transport, treatment and disposal of toxic substances and
hazardous and nuclear wastes.

A Chemical Control Order (CCO) is issued by the DENR to prohibit, limit or regulate the use,
manufacture, import, export, transport, processing, storage, possession and wholesale of priority
chemicals that are determined to be regulated, phased-out, or banned because of the serious risks they
pose to public health and the environment. Of the 48 toxic chemicals listed in the Priority Chemical List
(PCL), five have already been covered by CCOs in the form of DAOs. These CCOs are for: mercury
(DAO 97-38), cyanide (DAO 97-39), asbestos (DAO 2000-02), ozone-depleting substances (DAO 2000
18), and polychlorinated biphenyls (DAO 2004-01).
Environmental Engineering: Philippine Environmental Laws

RA 9003: Philippine Ecological Solid Waste Management Act (PESWMA) of 2000

It provides the legal framework for the country’s systematic, comprehensive, and ecological solid waste
management program that shall ensure protection of public health and the environment.

Key features of the Solid Waste Management Act

1. Creation of the National Solid Waste Management Commission (NSWMC), the National Ecology
Center (NEC), and the Solid Waste Management Board (NSWMB) in every province, city and
municipality in the country. The NSWMC shall be responsible in the formulation of the National Solid
Waste Management Framework (NSWMF) and other policies on solid waste (SW), in overseeing the
implementation of solid waste management plans and the management of the solid waste, management
fund. The NEC, on the other hand, shall be responsible for consulting, information, training and
networking services relative to the implementation of R.A.No. 9003. The NSWMB of provinces, cities,
and municipalities shall be responsible for the development of their respective SW management plans.

2. Formulation of the NSWMF 10-year SW plans by local government units;

3. Mandatory segregation of SW to be conducted at the source;

4. Setting of minimum requirements to ensure systematic collection and transport of wastes and the
proper protection of garbage collectors' health;

5. Establishment of reclamation programs and buy-back centers for recyclable and toxic materials;

6. Promotion of eco-labeling and prohibition on non-environmentally acceptable products and packaging;

7. Establishment of Materials Recovery Facility (MRF) in every barangay or cluster of barangays;

8. Prohibition against the use of open dumps and setting of guidelines/criteria for the establishment of
controlled dumps and sanitary landfills;

9. Provision of rewards, grants and incentives both monetary and non-monetaryto encourage LGUs and
the public to undertake effective SW management;

10. Promotion of research on SWM and environmental education in the formal and non-formal sectors.

RA 9729: Climate Change Act of 2009

RA 9729 aims to systematically integrate the concept of climate change in the policy formulation and
development plans of all government agencies and units, to the end that the government will be prepared
for the impact of climate change. The law created the Climate Change Commission, composed of the
President, as Chairperson, and three (3) commissioners to be appointed by the President, which is tasked
to coordinate, monitor and evaluate the programs and action plans of the government relating to climate
change. Government agencies have likewise been assigned their respective roles under RA 9729. For
instance, the Department of Education is tasked to integrate climate change into the primary and
secondary education curricula, including textbooks and other education materials. Government Financial
Institutions are allowed to provide preferential financial packages for climate change-related projects.
Environmental Engineering: Philippine Environmental Laws

RA 9512: Environmental Awareness and Education Act of 2008.

It’s an Act to promote environmental awareness through Environmental Education (EE) and covers the
integration of EE in the school curricula at all levels, be it public or private, including day care, preschool,
non-formal, technical, vocational, indigenous learning, and out-of-school youth courses or programs.
Section 6 of the Act says that the DepEd, CHED, TESDA, DENR, DOST and other relevant agencies,
in consultation with experts on the environment and the academe, shall lead in the implementation of
public education and awareness programs on environmental protection and conservation through
collaborative interagency and multi-sectoral effort at all levels.It also declares November as the
Environmental Awareness Month in the Philippines.

Republic Act (RA) 8550 - Fisheries Code of 1998

Is the response to address the trend of blind resource exploitation. This Act, otherwise known as the
Fisheries Code of 1998, is the governing law in Philippine fisheries to address the interconnected issues
of resource degradation and unrelenting poverty among municipal fishers. It provides for a national policy
on sustainable use of fishery resources to meet the growing food needs of the population. It calls for
management of fishery and aquatic resources in a manner that is consistent with the concept of an
integrated coastal area management in specific natural fishery management areas.

The Code also promotes and protects the rights of municipal fisherfolk, especially in the preferential use
of municipal waters. Resident fisherfolks and their cooperatives/organizations are given the priority to
exploit the expanded 15-kilometer limit of municipal waters. It further mandates the government to
promote the general welfare of municipal fishers through provision of support services and fair labor

The Fisheries Code was passed by the Philippine Congress on 19 February 1998 and was subsequently
approved by the Office of the President on 25 February 1998. The law became effective on 23 June 1998.
It contains nine (9) chapters with provisions on utilization, management, development, conservation and
allocation system of fisheries and aquatic resources; reconstitution of the Bureau of Fisheries and
Aquatic Resources and creation of the Fisheries and Aquatic Resources Management Councils;
fishery reserves, refuge and sanctuaries; and research and development. One chapter each is dedicated for
prohibitions and penalties; general provisions; transitory and final provisions.

Efforts to address resource degradation

Overfished or in danger of being overfished areas are established as fish refuge and marine sanctuaries.
These are designated areas where fishing and other forms of activities that may damage the ecosystem are
regulated, restricted or prohibited, depending on their degree of harm. The law also provides that at least
15% of the total coastal areas in each municipality should be designated as fishery refuge and sanctuaries
to establish more fish sanctuaries and marine protected areas.

Participatory management through various levels of Fisheries and Aquatic Resources Management
Councils (FARMCs) is enhanced and institutionalized by the law. FARMCs are established in the
national level and all municipalities/cities abutting municipal waters to act as an advisory and
Environmental Engineering: Philippine Environmental Laws

recommendatory body and to assist in the enforcement of ordinances and other fishery laws, rules and
regulations. The combination of organized fishers and local government units (LGUs) is intended to serve
as a venue for close collaboration among civil society groups in the management of contiguous resources.

Violation of the above shall subject the offender to a fine from Two thousand pesos (P2,000.00) to
Twenty thousand pesos (P20,000.00) or imprisonment form six (6) months to tow (2) years or both such
fine and imprisonment at the discretion of the court: Provided, That the owner/operator of the commercial
fishing vessel who violates this provisions shall be subjected to the same penalties provided herein:
Provided, finally, That the Department is hereby empowered to impose upon the offender an
administrative fine and/or cancel his permit or license or both.

Presidential Decree No. 856, s. 1975

Establishments of the Code on Sanitation of the Philippines, in order for a food establishment to do
business, it has to secure first a sanitary permit, which shall be given by the city health office after the
said establishment has passed the standards to do business. These sanitary permits are only valid for a
year. Regardless of when the establishment has issued a permit, it shall only be valid at the end of

These implementing rules and regulations shall cover all establishments or entities and public or private

1.1 All those that are likely to produce nuisances such as, but not limited to, the following:

1.1.1 Public or private premises maintained and used in a manner injurious to health;

1.1.2 Breeding places and harborage of vermin;

1.1.3 Animals and their carcasses which are injurious to health;

1.1.4 Accumulation of refuse;

1.1.5 Noxious matter or wastewater discharged improperly in streets;

1.1.6 Animal stockade maintained in a manner injurious to health;

1.1.7 Excessive noise;

1.1.8 Illegal shanties in public or private properties.

1.2 All those that are engaged in offensive trades and occupations such as, but not limited to, the

1.2.1 Soap boiling;

1.2.2 Guts cleaning;

1.2.3 Boiling of offal, bone, fat or lard (Permissible if process is performed in a public slaughterhouse
under prescribed regulations);
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1.2.4 Manufacturing of glue or fertilizer;

1.2.5 Skin curing;

1.2.6 Scrap processing;

1.2.7 Manure storing;

1.2.8 Lime burning;

1.2.9 Lye making; and

1.2.10 Any manufacturing process in which lead, arsenic, mercury, phosphorous, or other poisonous
substances is used (The use of such chemicals is permissible in the practice of pharmacy and in printing
where ready-made lead types are used).

The Code on Sanitation has also prescribed a couple of structural requirements for establishments to do
business as stated in Section 3-E, which provides some specific requirements to the floors, walls, ceilings,
ventilation and lighting. Additionally, sanitary facilities requirements are also imposed on the toilet
facilities, wash-hand basins, sewage disposal and drainage, refuse collection, separation, storage and
disposal, and water supply. The Code on Sanitation still has a lot more to require; however, what is the
point of expounding on the remaining requirements when even with all the aforementioned, we can
already point a lot of alleged offenders.

Any person who shall engage in the business of undertaking or embalming in violation of any provision
of this shall be liable to a penalty of not more than one thousand pesos for each violation.



All citizens and residents of the Philippines, all universities, colleges and schools and other similar

institutions, private as well as public; all commercial and industrial establishments such as

hotels, restaurants, hospitals, cinemahouses, public markets, department stores, groceries

and the like; all public conveyances; all residential houses, and all other establishments of

any kinds, shall undertake the cleaning of their own surroundings, their yards and gardens,

as well as the canals, roads or streets in their immediate premises.

All garbages, filth and other waste matters, shall be placed in the proper receptacles

for the disposition thereof by garbage collectors.

Any person, who shall litter or throw garbage, filth, or other waste
Environmental Engineering: Philippine Environmental Laws

matters, in public places, such as roads, canals esteros or parks, shall suffer an

imprisonment of not less than 5 days nor more than one year or a fine of not less than

PhP100.00 or more than PhP2,000.00 or both such fine and imprisonment at the discretion

of the Court or tribunal, without prejudice to the imposition of a higher penalty under any

other law or decree.If the violator is a corporation, firm, or other corporate entities, the maximum penalty

shall be imposed upon the president, manager, director or persons responsible for its


Presidential Decree No. 600 and PRESIDENTIAL DECREE No. 979


It is hereby declared a national policy to prevent and control the pollution of seas by the dumping of
wastes and other matter which create hazards to human health, harm living resources and marine life,
damage amenities, or interfere with the legitimate uses of the sea within the territorial jurisdiction of the

Prohibited Acts. Except in cases of emergency imperiling life or property, or unavoidable accident,
collision, or stranding or in any cases which constitute danger to human life or property or a real threat to
vessels, aircraft, platforms, or other man-made structure, or if damping appears to be the only way of
averting the threat and if there is probability that the damage consequent upon such dumping will be lees
than would otherwise occur, and except as otherwise permitted by regulations prescribed by the National
Pollution Control Commission or the Philippine Coast Guard, it shall be unlawful for any person to

(a) discharge, dump or suffer, permit the discharge of oil, noxious gaseous and liquid substances and
other harmful substances from or out of any ship, vessel, barge, or any other floating craft, or other man-
made structures at sea, by any method, means or manner, into or upon the territorial and inland navigable
waters of the Philippines;

(b) throw, discharge or deposit, dump, or cause suffer or procure to be thrown, discharged, or deposited
either from or out of any ship, barge, or other floating craft of vessel of any kind, or from the shore,
wharf, manufacturing establishment, or mill of any kind, any refuse matter of any kind or description
whatever other than that flowing from streets and sewers and passing therefrom in a liquid state into
tributary of any navigable water from which the same shall float or be washed into such navigable water;

(c) deposit or cause, suffer or procure to be deposited material of any kind in any place on the bank of any
navigable water or on the bank of any tributary of any navigable water, where the same shall be liable to
Environmental Engineering: Philippine Environmental Laws

be washed into such navigable water, either by ordinary or high tides, or by storms or floods, or
otherwise, whereby navigation shall or may be impeded or obstructed or increased the level of pollution
of such water. It shall be the primary responsibility of the National Pollution Control Commission to
promulgate national rules and policies governing marine pollution, including but not limited to the
discharge of effluents from any outfall structure, industrial and manufacturing establishments or mill of
any kind to the extent that it is regulated under the provisions of Republic Act Numbered Three Thousand
Nine Hundred Thirty-One, and to issue the appropriate rules and regulations upon consultation with the
Philippine Coast Guard.

The Philippine Coast Guard shall promulgate its own rules and regulations in accordance with the
national rules and policies set by the National Pollution Control Commission upon consultation with the
latter, for the effective implementation and enforcement of this decree and other applicable laws, rules
and regulations promulgated by the government.

The rules and regulations issued by the National Pollution Control Commission or the Philippine Coast
Guard shall not include deposit of oyster, shells, or other materials when such deposit is made for the
purpose of developing, maintaining or harvesting fisheries resources and is otherwise regulated by law or
occurs pursuant to an authorized government program: Provided, That the Philippine Coast Guard,
whenever in its judgment navigation will not be injured thereby and upon consultation with and
concurrence of the National Pollution Control Commission, may permit the deposit of any of the
materials above-mentioned in navigable waters, and whenever any permit is so granted, the conditions
thereof shall be strictly complied with. Any person who violates of this Decree or any regulations
prescribed in pursuance thereof, shall be liable for a fine of not less than Two Hundred Pesos nor more
than Ten Thousand Pesos or by imprisonment of not less than thirty days nor more than one year or both
such fine and imprisonment, for each offense, without prejudice to the civil liability of the offender in
accordance with existing laws.


It is the purpose of this Decree to prevent, control, and abate the emission of air pollution from motor
vehicles in order to protect the health and welfare of the people and to prevent or minimize damage to
property and hazards to land transportation. The National Pollution Control Commission, in cooperation
with the National Science Development Board, Department of Energy, Department of Industry, and Land
Transportation Commission, shall promulgate rules and regulations for appropriate control measures to
implement and attain the objectives of this Decree, which shall include but shall not be confined to the
following: (1) establishment of maximum allowable emission of specific air pollutants for all classes,
types or models of motor vehicles currently registered and for new motor vehicles not yet registered; (2)
specifications of the kind of pollution control device(s) which may be required to be installed on such
motor vehicles; (3) regulations for the distribution, sale, registration and use of motor vehicles (4)
specifications for the correct motor fuels to be used by various types of motor vehicle engines; (5) setting
of date or dates of effectivity of certain rules and regulations governing particular subject matter; (6)
requirement for the issuance and life of certificate of compliance; and (7) procedure with respect to
hearings which shall not be bound by technical rules of evidence.
Environmental Engineering: Philippine Environmental Laws

Any person violating this decree and/or its implementing rules and regulations involving the same vehicle
shall, for the first offense, be liable to a fine of not exceeding P200.00; for the second offense, to a fine of
not exceeding P500.00; and for the third and succeeding offense to a fine of not exceeding P1,000.00 plus
the suspension of his vehicle's certificate of registration, until such time as he shall have complied with
the requirements of the regulations.



The following shall plant trees:

1. Every person who owns land adjoining a river or creek, shall plant trees extending at least five meters
on his land adjoining the edge of the bank of the river or creek, except when such land, due to its
permanent improvement, cannot be planted with trees;

2. Every owner of an existing subdivision shall plant trees in the open spaces required to be reserved for
the common use and enjoyment of the owners of the lots therein as well as along all roads and service
streets. The subdivision owner shall consult the Bureau of Forest Development as to the appropriate
species of trees to be planted and the manner of planting them; and

3. Every holder of a license agreement, lease, license or permit from the Government, involving
occupation and utilization of forest or grazing land with a river or creek therein, shall plant trees
extending at least twenty (20) meters from each edge of the bank of the river or creek.

The persons hereinabove required to plant trees shall take good care of them, and, from time to time,
remove any tree planted by them in their respective areas which has grown very old, is diseased, or is
defective, and replant with trees their respective areas whenever necessary.

Every owner of land subdivided into residential/commercial/industrial lots after the effectivity of this
Decree shall reserve, develop and maintain not less than thirty percent (30%) of the total area of the
subdivision, exclusive of roads, service streets and alleys, as open space for parks and recreational areas.

No plan for a subdivision shall be approved by the Land Registration Commission or any office or
agency of the government unless at least thirty percent (30%) of the total area of the subdivision,
exclusive of roads, service streets and alleys, is reserved as open space for parks and recreational areas
and the owner thereof undertakes to develop such open space, within three (3) years from the approval of
the subdivision plan, in accordance with the development plan approved by the Bureau of Forest
Development and to maintain such parks and recreational areas.Any person who cuts, destroys, damages
or injures, naturally growing or planted trees of any kind, flowering or ornamental plants and shrubs, or
plants of scenic, aesthetic and ecological values, along public roads, in plazas, parks other than national
parks, school premises or in any other public ground or place, or on banks of rivers or creeks, or along
roads in land subdivisions or areas therein for the common use of the owners of lots therein, or any
species of vegetation or forest cover found therein shall, be punished with imprisonment for not less than
six months and not more than two years, or a fine of not less than five hundred pesos and not more than
five thousand pesos, or with both such imprisonment and fine at the discretion of the court, except when
the cutting, destroying, damaging or injuring is necessary for public safety or the pruning thereof is
Environmental Engineering: Philippine Environmental Laws

necessary to enhance beauty, and only upon the approval of the duly authorized representative of the head
of agency or political subdivision having jurisdiction therein, or of the Director of Forest Development
in the case of trees on banks of rivers and creeks, or of the owner of the land subdivision in the case of
trees along roads and in other areas therein for the common use of owners of lots therein. If the offender
is a corporation, partnership or association, the penalty shall be imposed upon the officer or officers
thereof responsible for the offense, and if such officer or officers are aliens, in addition to the penalty
herein prescribed, he or they shall be deported without further proceedings before the Commission on
Immigration and Deportation. Nothing in this Decree shall prevent the cancellation of a license
agreement, lease, license or permit from the Government, if such cancellation is prescribed therein or in
Government regulations for such offense. Any person who shall violate any provision of Section one
hereof, or any regulation promulgated thereunder, shall be punished with imprisonment for not less than
six months but not more than two years, or with a fine of not less than five hundred pesos but not more
than five thousand pesos, or with both such imprisonment than fine at the discretion of the court. If the
offender is a public officer or employee, he shall, in addition, be dismissed from the public service and
disqualified perpetually to hold public office.


Creation of, and merger of all forestry agencies into, the Bureau of Forest Development. For the purpose
of implementing the provisions of this Code, the Bureau of Forestry, the Reforestation Administration,
the Southern Cebu Reforestation Development Project, and the Parks and Wildlife Office, including
applicable appropriations, records, equipment, property and such personnel as may be necessary, are
hereby merged into a single agency to be known as the Bureau of Forest Development, hereinafter
referred to as the Bureau.

Jurisdiction of Bureau. The Bureau shall have jurisdiction and authority over all forest land, grazing
lands, and all forest reservations including watershed reservations presently administered by other
government agencies or instrumentalities.

It 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 grazing 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.
Environmental Engineering: Philippine Environmental Laws

Unlawful occupation or destruction of forest lands. Any person who enters and occupies or possesses, or
makes kaingin for his own private use or for others any forest land without authority under a license
agreement, lease, license or permit, or in any manner destroys such forest land or part thereof, or causes
any damage to the timber stand and other products and forest growths found therein, or who assists, aids
or abets any other person to do so, or sets a fire, or negligently permits a fire to be set in any forest land
shall, upon conviction, be fined in an amount of not less than five hundred pesos (P500.00) nor more than
twenty thousand pesos (P20,000.00) and imprisoned for not less than six (6) months nor more than two
(2) years for each such offense, and be liable to the payment of ten (10) times the rental fees and other
charges which would have been accrued had the occupation and use of the land been authorized under a
license agreement, lease, license or permit: Provided, That in the case of an offender found guilty of
making kaingin, the penalty shall be imprisoned for not less than two (2) nor more than (4) years and a
fine equal to eight (8) times the regular forest charges due on the forest products destroyed, without
prejudice to the payment of the full cost of restoration of the occupied area as determined by the Bureau.

The Court shall further order the eviction of the offender from the land and the forfeiture to the
Government of all improvements made and all vehicles, domestic animals and equipment of any kind
used in the commission of the offense. If not suitable for use by the Bureau, said vehicles shall be sold at
public auction, the proceeds of which shall accrue to the Development Fund of the Bureau.

In 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 disqualified from holding any elective or
appointive position.


It is the policy of the State consistent with the Constitution, to conserve, develop and protect the forest
resources under sustainable management. Toward this end, the State 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 State shall therefore regulate the ownership,
possession, sale, transfer, importation and/or use of chain saws to prevent them from being used in illegal
logging or unauthorized clearing of forests.

(a) Selling, Purchasing, Re-selling, Transferring, Distributing or Possessing a Chain Saw Without a
Proper Permit. - Any person who sells, purchases, transfer the ownership, distributes or otherwise
disposes or possesses a chain saw without first securing the necessary permit from the Department shall
be punished with imprisonment of four (4) years, two (2) months and one (1) day to six (6) years or a fine
of not less than Fifteen thousand pesos (P15,000.00) but not more Thirty thousand pesos (30,000.00) or
both at the discretion of the court, and the chain saw/s confiscated in favor of the government.

(2) Unlawful Importation or Manufacturing of Chain Saw. - Any person who imports or manufactures a
chain saw without obtaining prior authorization from the Department shall be punished by imprisonment
of not less than one (1) month nor more than six (6) months and a fine of not less than One thousand
pesos (P1,000.00) for more than Four thousand pesos (P4,000.00).
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(3) Tampering of Engine Serial Number. - Any 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 (1) month nor more than six (6) months and a fine of not less than One thousand pesos
(P1,000.00) nor more than Four thousand pesos (P4,000.00).

(4) Actual Unlawful Use of Chain Saw. - Any 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 except as authorized by the Department
shall be penalized with imprisonment of six (6) years and one (1) day to eight (8) years or a fine of not
less that Thirty thousand pesos (P30,000.00) but not more than Fifty thousand pesos (P50,000.00) or both
at the discretion of the court without prejudice 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.

If the violation under this Section 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.

If the offender is a public official or employee, in addition to the above penalties, he shall be removed
from office and perpetually disqualified from holding any public office.

The chain saws confiscated under this Section shall be sold at public auction to qualified buyers and the
proceeds thereof shall go to the Department.

Environmental Engineering: Philippine Environmental Laws