Republic Act No.

8550, cited as "The Philippine Fisheries Code of 1998" aims to

improve the productivity of the country's fishery sector and provide conservation and
protection to aquatic resources. It's main objectives include the following:

Conservation, protection and sustained management of the country's fishery and

aquatic resources;
Poverty alleviation and the provision of supplementary livelihood among
municipal fisherfolk;
Improvement of productivity of aquaculture within ecological limits;
Optimal utilization of off-shore and deep-sea resources; and
Upgrading of post-harvest technology.

The provisions of the code will be enforced to (1) all Philippine waters, (2) all aquatic
and fishery resources including inland, coastal and offshore fishing areas, and (3) all
lands devoted aquaculture businesses whether private or public lands.
RA 8550 The Philippine Fisheries Code of 1998 Philippine Department of Agriculture
[ REPUBLIC ACT NO. 8550 ] AN ACT PROVIDING FOR THE DEVELOPMENT,
MANAGEMENT AND CONSERVATION OF THE FISHERIES AND AQUATIC
RESOURCES, INTEGRATING ALL LAWS PERTINENT THERETO, AND FOR OTHER
PURPOSES Be it enacted by the Senate and House of Representatives of the
Philippines in Congress assembled RA 8550 The Philippine Fisheries Code of 1998
Philippine Department of Agriculture Section 1. Title. This act shall be known as "The
Philippine Fisheries Code of 1998". CHAPTER I DECLARATION OF POLICY AND
DEFINITIONS Section 2. Declaration of Policy. It is hereby declared the policy of the
state: a. to achieve food security as the overriding consideration in the utilization,
management, development, conservation and protection of fishery resources in order to
provide the food needs of the population. A flexible policy towards the attainment of food
security shall be adopted in response to changes in demographic trends for fish,
emerging trends in the trade of fish and other aquatic products in domestic and
international markets, and the law of supply and demand; b. to limit access to the
fishery and aquatic resources of the Philippines for the exclusive use and enjoyment of
Filipino citizens; c. to ensure the rational and sustainable development, management
and conservation of the fishery and aquatic resources in Philippine waters including the
Exclusive Economic Zone (EEZ) and in the adjacent high seas, consistent with the
primordial objective of maintaining a sound ecological balance, protecting and
enhancing the quality of the environment; d. to protect the right of fisherfolk, especially
of the local communities with priority to municipal fisherfolk, in the preferential use of the
municipal waters. Such preferential use, shall be based on, but not limited to, Maximum
Sustainable Yield (MSY) or Total Allowable Catch (TAC) on the basis of resources and
ecological conditions, and shall be consistent with our commitments under international
treaties and agreements; e. to provide support to the fishery sector, primarily to the
municipal fisherfolk, including women and youth sectors, through appropriate

technology and research, adequate financial, production, construction of post-harvest

facilities, marketing assistance, and other services. The protection of municipal
fisherfolk against foreign intrusion shall extend to offshore fishing grounds. Fishworkers
shall receive a just share for their labor in the utilization of marine and fishery resources;
f. to manage fishery and aquatic resources, in a manner consistent with the concept of
an integrated coastal area management in specific natural fishery management areas,
appropriately supported by research, technical services and guidance provided by the
Senate; and g. to grant the private sector the privilege to utilize fishery resources under
the basic concept that the grantee, licensee or permittee thereof shall not only be a
privileged beneficiary of the State but also an active participant and partner of the
Government in the sustainable development, management, conservation and protection
of the fishery and aquatic resources of the country. The State shall ensure the
attainment of the following objectives of the fishery sector: 1. Conservation, protection
and sustained management of the country's fishery and aquatic resources; 2. Poverty
alleviation and the provision of supplementary livelihood among municipal fisherfolk; RA
8550 The Philippine Fisheries Code of 1998 Philippine Department of Agriculture 3.
Improvement of productivity of aquaculture within ecological limits; 4. Optimal utilization
of off-shore and deep-sea resources; and 5. Upgrading of post-harvest technology.
Section 3. Application of its Provisions. The provisions of this Code shall be enforced in:
a. all Philippine waters including other waters over which the Philippines has
sovereignty and jurisdiction, and the country's 200-nautical mile Exclusive Economic
Zone (EEZ) and the continental shelf; b. all aquatic and fishery resources whether
inland, coastal or offshore fishing areas, including, but not limited to, fishponds, fish
pens/cages; and c. all lands devoted to aquaculture, or businesses and activities
relating to fishery, whether private or public lands. Section 4. Definition of Terms. As
used in this Code, the following terms and phrases shall mean as follows: 1. Ancillary
Industries - firms or companies related to the supply, construction and maintenance of
fishing vessels, gears, nets and other fishing paraphernalia; fishery machine shops; and
other facilities such as hatcheries, nurseries, feed plants, cold storage and refrigeration,
processing plants and other pre-harvest and post-harvest facilities. 2. Appropriate
Fishing Technology - adaptable technology, both in fishing and ancillary industries, that
is ecologically sound, locally source-based and labor-intensive. 3. Aquaculture - fishery
operations involving all forms of raising and culturing fish and other fishery species in
fresh, brackish and marine water areas. 4. Aquatic Pollution - the introduction by human
or machine, directly or indirectly, of substances or energy to the aquatic environment
which result or is likely to result in such deleterious effects as to harm living and nonliving aquatic resources, pose potential and/or real hazard to human health, hindrance
to the aquatic activities such as fishing and navigation, including dumping/disposal of
waste and other marine litters, discharge of petroleum, or residual products of
petroleum or carbonaceous materials/substances, and other radioactive, noxious or
harmful liquid, gaseous or solid substances, from any water, land or air transport or

other human-made structure. Deforestation, unsound agricultural practices such as the

use of artificial fish feed, and wetland conversion, which cause similar hazards and
deleterious effects shall also constitute aquatic pollution. 5. Aquatic Resources includes fish, all other aquatic flora and fauna and other living resources of the aquatic
environment, including, but not limited to, salt and corals. 6. Artificial Reefs - any
structure of natural or man-made materials placed on a body of water to serve as
shelter and habitat, source of food, breeding area for fishery species and shoreline
protection. 7. Catch Ceilings - refer to the annual catch limits allowed to be taken,
gathered or harvested from any fishing area in consideration of the need to prevent
overfishing and harmful depletion of breeding stocks of aquatic organisms. 8. Closed
Season - the period during which the taking of specified fishery species by a specified
fishing gear is prohibited in a specified area or areas in Philippine waters. RA 8550 The
Philippine Fisheries Code of 1998 Philippine Department of Agriculture 9. Coastal
Area/Zone - is a band of dry land and adjacent ocean space (water and submerged
land) in which terrestrial processes and uses directly affect oceanic processes and
uses, and vice versa; its geographic extent may include areas within a landmark limit of
one (1) kilometer from the shoreline at high tide to include mangrove swamps, brackish
water ponds, nipa swamps, estuarine rivers, sandy beaches and other areas within a
seaward limit of 200 meters isobath to include coral reefs, algal flats, sea grass beds
and other soft-bottom areas. 10. Commercial Fishing - the taking of fishery species by
passive or active gear for trade, business or profit beyond subsistence or sports fishing,
to be further classified as: a. Small scale commercial fishing - fishing with passive or
active gear utilizing fishing vessels of 3.1 gross tons (GT) up to twenty (20) GT; b.
Medium scale commercial fishing - fishing utilizing active gears and vessels of 20.1 GT
up to one hundred fifty (150) GT; and c. Large scale commercial fishing - fishing utilizing
active gears and vessels of more than one hundred fifty (150) GT. 11. Commercial
Scale - a scheme of producing a minimum harvest per hectare per year of milkfish or
other species including those raised in pens, cages and tanks to be determined by the
Department in consultation with the concerned sectors; 12. Coral - the hard calcareous
substance made up of the skeleton of marine coelenterate polyps which include reefs,
shelves and atolls or any of the marine coelenterate animals living in colonies where
their skeletons form a stony mass. They include: (a) skeletons of anthozoan
coelenterate characterized as having a rigid axis of compact calcareous or horny
spicules, belonging to the genus corallium as represented by the red, pink, and white
corals which are considered precious corals; (b) skeletons of anthozoan coelenterates
characterized by thorny, horny axis such as antipatharians represented by the black
corals which are considered semi-precious corals; and (c) ordinary corals which are any
kind of corals that are not precious nor semi-precious. 13. Coral Reef - a natural
aggregation of coral skeleton, with or without living coral polyps, occurring in intertidal
and sub tidal marine waters. 14. Demarcated Areas - boundaries defined by markers
and assigned exclusively to specific individuals or organizations for certain specified

and limited uses such as: a. Aquaculture, sea ranching and sea farming; b. Fish
aggregating devices; c. Fixed and passive fishing gears; and d. Fry and fingerlings
gathering. 15. Department - shall mean the Department of Agriculture. 16. Electrofishing
- the use of electricity generated by batteries, electric generators and other source of
electric power to kill, stupefy, disable or render unconscious fishery species, whether or
not the same are subsequently recovered. 17. Endangered, Rare and/or Threatened
Species - aquatic plants, animals, including some varieties of corals and sea shells in
danger of extinction as provided for in existing fishery laws, rules and regulations or in
the Protected Areas and Wildlife Bureau of the Department of Environment and Natural
Resources (DENR) and in the Convention on the International Trade of Endangered
Species of Flora and Fauna (CITES). RA 8550 The Philippine Fisheries Code of 1998
Philippine Department of Agriculture 18. Exclusive Economic Zone (EEZ) - an area
beyond and adjacent to the territorial sea which shall not extend beyond 200 nautical
miles from the baselines as defined under existing laws. 19. FARMCs - the Fisheries
and Aquatic Resources Management Councils. 20. Farm-to-Market Roads - shall
include roads linking the fisheries production sites, coastal landing points and other
post-harvest facilities to major market and arterial roads and highways. 21. Fine Mesh
Net - net with mesh size of less than three centimeters (3 cm.) measured between two
(2) opposite knots of a full mesh when stretched or as otherwise determined by the
appropriate government agency. 22. Fish and Fishery/Aquatic Products - include not
only fin fish but also mollusks, crustaceans, echinoderms, marine mammals, and all
other species of aquatic flora and fauna and all other products of aquatic living
resources in any form. 23. Fish Cage - refers to an enclosure which is either stationary
or floating made up of nets or screens sewn or fastened together and installed in the
water with opening at the surface or covered and held in a place by wooden/bamboo
posts or various types of anchors and floats. 24. Fish Corral or "Baklad" - a stationary
wire or trap devised to intercept and capture fish consisting of rows of bamboo stakes,
plastic nets and other materials fenced with split bamboo mattings or wire mattings with
one or more enclosures, usually with easy entrance but difficult exit, and with or without
leaders to direct the fish to the catching chambers, purse or bags. 25. Fish fingerlings a stage in the life cycle of the fish measuring to about 6 - 13 cm. depending on the
species. 26. Fish fry - a stage at which a fish has just been hatched usually with sizes
from 1 - 2.5 cm. 27. Fish pen - an artificial enclosure constructed within a body of water
for culturing fish and fishery/aquatic resources made up of poles closely arranged in an
enclosure with wooden materials, screen or nylon netting to prevent escape of fish. 28.
Fisherfolk - people directly or personally and physically engaged in taking and/or
culturing and processing fishery and/or aquatic resources. 29. Fisherfolk Cooperative a duly registered association of fisherfolk with a common bond of interest, who have
voluntarily joined together to achieve a lawful common social or economic end, making
equitable contribution to the capital requirement and accepting a fair share of the risks
and benefits of the undertakings in accordance with universally accepted cooperative

principles. 30. Fisherfolk Organization - an organized group, association, federation,

alliance or an institution of fisherfolk which has at least fifteen (15) members, a set of
officers, a constitution and by-laws, an organizational structure and a program of action.
31. Fisheries - refers to all activities relating to the act or business of fishing, culturing,
preserving, processing, marketing, developing, conserving and managing aquatic
resources and the fishery areas, including the privilege to fish or take aquatic resource
thereof. 32. Fish Pond - a land-based facility enclosed with earthen or stone material to
impound water for growing fish. RA 8550 The Philippine Fisheries Code of 1998
Philippine Department of Agriculture 33. Fishing Boat/Gear License - a permit to operate
specific types of fishing boat/gear for specific duration in areas beyond municipal waters
for demersal or pelagic fishery resources. 34. Fishery Management Areas - a bay, gulf,
lake or any other fishery area which may be delineated for fishery resource
management purposes. 35. Fishery Operator - one who owns and provides the means
including land, labor, capital, fishing gears and vessels, but does not personally engage
in fishery. 36. Fishery Refuge and Sanctuaries - a designated area where fishing or
other forms of activities which may damage the ecosystem of the area is prohibited and
human access may be restricted. 37. Fishery Reserve - a designated area where
activities are regulated and set aside for educational and research purposes. 38.
Fishery Species - all aquatic flora and fauna including, but not restricted to, fish, algae,
coelenterates, mollusks, crustaceans, echinoderms and cetaceans. 39. Fishing - the
taking of fishery species from their wild state or habitat, with or without the use of fishing
vessels. 40. Fishing gear - any instrument or device and its accessories utilized in
taking fish and other fishery species. a. Active fishing gear - is a fishing device
characterized by gear movements, and/or the pursuit of the target species by towing,
lifting and pushing the gears, surrounding, covering, dredging, pumping and scaring the
target species to impoundments; such as, but not limited to, trawl, purse seines, Danish
seines, bag nets, paaling, drift gill net and tuna longline. b. Passive fishing gear - is
characterized by the absence of gear movements and/or the pursuit of the target
species; such as, but not limited to, hook and line, fishpots, traps and gill nets across
the path of the fish. 41. Fishing vessel - any boat, ship or other watercraft equipped to
be used for taking of fishery species or aiding or assisting one (1) or more vessels in the
performance of any activity relating to fishing, including, but not limited to, preservation,
supply, storage, refrigeration, transportation and/or processing. 42. Fishing with
Explosives - the use of the dynamite, other explosives or other chemical compounds
that contains combustible elements or ingredients which upon ignition by friction,
concussion, percussion or detonation of all or parts of the compound, will kill, stupefy,
disable or render unconscious any fishery species. It also refers to the use of any other
substance and/or device which causes an explosion that is capable of producing the
said harmful effects on any fishery species and aquatic resources and capable of
damaging and altering the natural habitat. 43. Fishing with Noxious or Poisonous
Substances - the use of any substance, plant extracts or juice thereof, sodium cyanide

and/or cyanide compounds or other chemicals either in a raw or processes form,

harmful or harmless to human beings, which will kill, stupefy, disable or render
unconscious any fishery species and aquatic resources and capable of damaging and
altering the natural habitat. 44. Fishworker - a person regularly or not regularly
employed in commercial fishing and related industries, whose income is either in wage,
profit-sharing or stratified sharing basis, including those working in fish pens, fish cages,
fish corrals/traps, fishponds, prawn farms, sea farms, salt beds, fish ports, fishing boat
or trawlers, or fish processing and/or packing plants. Excluded from this category are
administrators, security guards and overseers. RA 8550 The Philippine Fisheries Code
of 1998 Philippine Department of Agriculture 45. Food Security - refers to any plan,
policy or strategy aimed at ensuring adequate supplies of appropriate food at affordable
prices. Food security mat be achieved through self-sufficiency (i.e. ensuring adequate
food supplies from domestic production), through self-reliance (i.e. ensuring adequate
food supplies through a combination of domestic production and importation), or
through pure importation. 46. Foreshore Land - a string of land margining a body of
water; the part of a seashore between the lowwater line usually at the seaward margin
of a low tide terrace and the upper limit of wave wash at high tide usually marked by a
beach scarp or berm. 47. Fully-developed Fishpond Area - a clean leveled area
enclosed by dikes, at least one foot higher than the highest floodwater level in the
locality and strong enough to resist pressure at the highest flood tide; consists of at
least a nursery pond, a transition pond, a rearing pond or a combination of any or all
said classes of ponds, and a functional water control system and producing in a
commercial scale. 48. Gross Tonnage - includes the underdeck tonnage, permanently
enclosed spaces above the tonnage deck, except for certain exemptions. In broad
terms, all the vessel's "closed-in" spaces expressed in volume terms on the bases of
one hundred cubic feet (that equals one gross ton). 49. Inland Fishery - the freshwater
fishery and brackishwater fishponds. 50. Lake - an inland body of water, an expanded
part of a river, a reservoir formed by a dam, or a lake basin intermittently or formerly
covered by water. 51. Limited Access - a fishery policy by which a system of equitable
resource use and allocation is established by law through fishery rights granting and
licensing procedure as provided by this Code. 52. Mangroves - a community of intertidal
plants including all species of trees, shrubs, vines and herbs found on coasts, swamps,
or border of swamps. 53. Maximum Sustainable Yield (MSY) - is the largest average
quantity of fish that can be harvested from a fish stocks/resource within a period of time
(e.g. one year) on a sustainable basis under existing environmental conditions. 54.
Migratory species - refers to any fishery species which in the course of their life could
travel from freshwater to marine water or vice versa, or any marine species which travel
over great distances in waters of the ocean as part of their behavioral adaptation for
survival and speciation: a. Anadromous species - marine fishes which migrate to
freshwater areas to spawn; b. Catadromous species - freshwater fishes which migrate
to marine areas to spawn. 55. Monitoring, control and surveillance - a. Monitoring - the

requirement of continuously observing: (1) fishing effort which can be expressed by the
number of days or hours of fishing, number of fishing gears and number of fisherfolk; (2)
characteristics of fishery resources; and (3) resource yields (catch) b. Control - the
regulatory conditions (legal framework) under which the exploitation, utilization and
disposition of the resources may be conducted; and c. Surveillance - the degree and
types of observations required to maintain compliance with regulations. 56. Municipal
fisherfolk - persons who are directly or indirectly engaged in municipal fishing and other
related fishing activities. RA 8550 The Philippine Fisheries Code of 1998 Philippine
Department of Agriculture 57. Municipal fishing - refers to fishing within municipal waters
using fishing vessels of three (3) gross tons or less, or fishing not requiring the use of
fishing vessels. 58. Municipal waters - include not only streams, lakes, inland bodies of
water and tidal waters within the municipality which are not included within the protected
areas as defined under Republic Act No. 7586 (The NIPAS Law), public forest, timber
lands, forest reserves or fishery reserves, but also marine waters included between two
(2) lines drawn perpendicular to the general coastline from points where the boundary
lines of the municipality touch the sea at low tide and a third line parallel with the
general coastline including offshore inlands and fifteen (15) kilometers from such
coastline. Where two (2) municipalities are so situated on opposite shores that there is
less than thirty (30) kilometers of marine waters between them, the third line shall be
equally distant from opposite shore of the respective municipalities. 59. Nongovernmental organization (NGO) - an agency, institution, a foundation or a group of
persons whose purpose is to assist people's organizations/associations in various ways
including, but not limited to, organizing, education, training, research and/or resource
accessing. 60. Payao - a fish aggregating device device consisting of a floating raft
anchored by a weighted line with suspended materials such as palm fronds to attract
pelagic and schooling species common in deep waters. 61. Pearl Farm Lease - public
waters leased for the purpose of producing cultured pearls. 62. People's Organization a bonafide association of citizens with demonstrated capacity to promote the public
interest and with identifiable leadership, membership and structure. Its members belong
to a sector/s who voluntarily band themselves together to work for and by themselves
for their own upliftment, development and greater good. 63. Person - natural or juridical
entities such as individuals, associations, partnership, cooperatives or corporations. 64.
Philippine waters - include all bodies of water within the Philippine territory such as
lakes, rivers, streams, creeks, brooks, ponds, swamps, lagoons, gulfs, bays and seas
and other bodies of water now existing or which may hereafter exist in the provinces,
cities, municipalities, and barangays and the waters around, between and connecting
the islands of the archipelago regardless of their breadth and dimensions, the territorial
sea, the sea beds, the insular shelves, and all other waters over which the Philippines
has sovereignty and jurisdiction including the 200-nautical miles Exclusive Economic
Zone and the continental shelf. 65. Post-harvest facilities - these facilities include, but
are not limited to, fish port, fish landing, ice plants and cold storages, fish processing

plants. 66. Purse Seine - a form of encircling net having a line at the bottom passing
through rings attached to the net, which can be drawn or pursed. In general, the net is
set from a boat or pair of boats around the school of fish. The bottom of the net is pulled
closed with the purse line. The net is then pulled aboard the fishing boat or boats until
the fish are concentrated in the bunt or fish bag. 67. Resource Rent - the difference
between the value of the products produced from harvesting a publicly owned resource
less the cost of producing it, where cost includes the normal return to capital and normal
return to labor. 68. Sea farming - the stocking of natural or hatchery-produced marine
plants or animals, under controlled conditions, for purposes of rearing and harvesting,
but not limited to commercially- RA 8550 The Philippine Fisheries Code of 1998
Philippine Department of Agriculture important fishes, mollusks (such as pearl and giant
clam culture), including seaweeds and sea grasses. 69. Sea ranching - the release of
the young of fishery species reared in hatcheries and nurseries into natural bodies of
water for subsequent harvest at maturity or the manipulation of fishery habitat, to
encourage the growth of the wild stocks. 70. Secretary - the Secretary of the
Department of Agriculture. 71. Superlight - also called magic light, is a type of light using
halogen or metal halide bulb which may be located above the sea surface or
submerged in the water. It consists of a ballast, regulator, electric cable and socket. The
source of energy comes from a generator, battery or dynamo coupled with the main
engine. 72. Total Allowable Catch (TAC) - the maximum harvest allowed to be taken
during a given period of time from any fishery area, or from any fishery species or group
of fishery species, or a combination of area and species and normally would not exceed
the MSY. 73. Trawl - an active fishing gear consisting of a bag shaped net with or
without otter boards to open its opening which is dragged or towed along the bottom or
through the water column to take fishery species by straining them from the water,
including all variations and modifications of trawls (bottom, mid-water, and baby trawls)
and tow nets. CHAPTER II UTILIZATION, MANAGEMENT, DEVELOPMENT,
CONSERVATION AND ALLOCATION SYSTEM OF FISHERIES AND AQUATIC
RESOURCES Section 5. Use of Philippine Waters. The use and exploitation of the
fishery and aquatic resources in Philippine waters shall be reserved exclusively to
Filipinos: Provided, however, That research and survey activities may be allowed under
strict regulations, for purely research, scientific, technological and educational purposes
that would also benefit Filipino citizens. Section 6. Fees and Other Fishery Charges.
The rentals for fishpond areas covered by the Fishpond Lease Agreement (FLA) and
license fees for Commercial Fishing Boat License (CFBL) shall be set at levels that
reflect resource rent accruing from the utilization of resources and shall be determined
by the Department: Provided, That the Department shall also prescribe fees and other
fishery charges and issue the corresponding license or permit for fishing gear, fishing
accessories and other fishery activities beyond the municipal waters: Provided, further,
That the license fees of fishery activity in municipal waters shall be determined by the
Local Government Units (LGUs) in consultation with the FARMCs. The FARMCs may

also recommend the appropriate license fees that will be imposed. Section 7. Access to
Fishery Resources. The Department shall issue such number of licenses and permits
for the conduct of fishery activities subject to the limits of the MSY of the resource as
determined by scientific studies or best available evidence. Preference shall be given to
resource users in the local communities adjacent or nearest to the municipal waters. RA
8550 The Philippine Fisheries Code of 1998 Philippine Department of Agriculture
Section 8. Catch Ceiling Limitations. The Secretary may prescribe limitations or quota
on the total quantity of fish captured, for a specified period of time and specified area
based on the best available evidence. Such a catch ceiling may be imposed per species
of fish whenever necessary and practicable: Provided, however, That in municipal
waters and fishery management areas, and waters under the jurisdiction of special
agencies, catch ceilings may be established upon the concurrence and approval or
recommendation of such special agency and the concerned LGU in consultation with
the FARMC for conservation or ecological purposes. Section 9. Establishment of Closed
Season. The Secretary may declare, through public notice in at least two (2)
newspapers of general circulation or in public service announcements, whichever is
applicable, at least five (5) days before the declaration, a closed season in any or all
Philippine waters outside the boundary of municipal waters and in bays, for
conservation and ecological purposes. The Secretary may include waters under the
jurisdiction of special agencies, municipal waters and bays, and/or other areas reserved
for the use of the municipal fisherfolk in the area to be covered by the closed season:
Provided, however, That this shall be done only upon the concurrence and approval or
recommendation of such special agency and the concerned LGU and FARMC:
Provided, further, That in municipal waters, fishery management areas and other areas
reserved for the use of the municipal fisherfolk, closed season may be established by
the concerned LGU in consultation with the FARMC for conservation or ecological
purposes. The FARMCs may also recommend the establishment of closed seasons in
municipal waters, fisheries management and other areas reserved for the use of the
municipal fisherfolk. Section 10. Introduction of Foreign Aquatic Species. No foreign fin
fish, mollusks, crustacean or aquatic plants shall be introduced in Philippine waters
without a sound ecological, biological and environmental justification based on scientific
studies subject to the biosafety standard as provided for by existing laws: Provided,
however, That the Department may approve the introduction of foreign aquatic species
for scientific/research purposes. Section 11. Protection of Rare, Threatened and
Endangered Species. The Department shall declare closed seasons and take
conservation and rehabilitation measures for rare, threatened and endangered species,
as it may determine, and shall ban the fishing and/or taking of rare, threatened and/or
endangered species, including their eggs/offspring as identified by existing laws in
concurrence with concerned government agencies Section 12. Environmental Impact
Statement (EIS). All government agencies as well as private corporations, firms and
entities who intend to undertake activities or projects which will affect the quality of the

environment shall be required to prepare a detailed Environmental Impact Statement

(EIS) prior to undertaking such development activity. The preparation of the EIS shall
form an integral part of the entire planning process pursuant to the provisions of
Presidential Decree No. 1586 as well as its implementing rules and regulations. Section
13. Environmental Compliance Certificate (ECC). All Environmental Impact Statements
(EIS) shall be submitted to the Department of Environment and Natural Resources
(DENR) for review and evaluation. No person, natural or juridical, shall undertake any
development project without first securing an Environmental Compliance Certificate
(ECC) from the Secretary of the DENR. RA 8550 The Philippine Fisheries Code of 1998
Philippine Department of Agriculture Section 14. Monitoring, Control and Surveillance of
Philippine Waters. A monitoring, control and surveillance system shall be established by
the Department in coordination with LGUs, FARMCs, the private sector and other
agencies concerned to ensure that the fisheries and aquatic resources in Philippine
waters are judiciously and wisely utilized and managed on a sustainable basis and
conserved for the benefit and enjoyment exclusively of Filipino citizens. Section 15.
Auxiliary Invoices. All fish and fishery products must have an auxiliary invoice to be
issued by the LGUs or their duly authorized representatives prior to their transport from
their point of origin to their point of destination in the Philippines and/or export purposes
upon payment of a fee to be determined by the LGUs to defray administrative costs
therefore. Article I Municipal Fisheries Section 16. Jurisdiction of Municipal/City
Governments. The municipal/city government shall have jurisdiction over municipal
waters as defined in this Code. The municipal/city government, in consultation with the
FARMC shall be responsible for the management, conservation, development,
protection, utilization and disposition of all fish and fishery/aquatic resources within their
respective municipal waters. The municipal/city government may, in consultation with
the FARMC, enact appropriate ordinances for this purpose and in accordance with the
National Fisheries Policy. The ordinances enacted by the municipality and component
city shall be reviewed pursuant to Republic Act No. 7160 by the sanggunian of the
province which has jurisdiction over the same. The LGUs shall also enforce all fishery
laws, rules and regulations as well as valid fishery ordinances enacted by the
municipal/city council. The management of contiguous fishery resources such as bays
which straddle several municipalities, cities or provinces, shall be done in an integrated
manner, and shall not be based on political subdivisions of municipal waters in order to
facilitate their management as single resource systems. The LGU s which share or
border such resources may group themselves and coordinate with each other to
achieve the objectives of integrated fishery resource management. The Integrated
Fisheries and Aquatic Resources Management Councils (IFARMCs) established under
Section 76 of this Code shall serve as the venues for close collaboration among LGUs
in the management of contiguous resources. Section 17. Grant of Fishing Privileges in
Municipal Waters. The duly registered fisherfolk organizations/cooperatives shall have
preference in the grant of fishery rights by the Municipal/City Council pursuant to

Section 149 of the Local Government Code: Provided, That in areas where there are
special agencies or offices vested with jurisdiction over municipal waters by virtue of
special laws creating these agencies such as, but not limited to, the Laguna Lake
Development Authority and the Palawan Council for Sustainable Development, said
offices and agencies shall continue to grant permits for proper management and
implementation of the aforementioned structures. RA 8550 The Philippine Fisheries
Code of 1998 Philippine Department of Agriculture Section 18. Users of Municipal
Waters. All fishery related activities in municipal waters, as defined in this Code, shall be
utilized by municipal fisherfolk and their cooperatives/organizations who are listed as
such in the registry of municipal fisherfolk. The municipal or city government, however,
may, through its local chief executive and acting pursuant to an appropriate ordinance,
authorize or permit small and medium commercial fishing vessels to operate within the
ten point one (10.1) to fifteen (15) kilometer area from the shoreline in municipal waters
as defined herein, provided, that all the following are met: a. no commercial fishing in
municipal waters with depth less than seven (7) fathoms as certified by the appropriate
agency; b. fishing activities utilizing methods and gears that are determined to be
consistent with national policies set by the Department; c. prior consultation, through
public hearing, with the M/CFARMC has been conducted; and d. the applicant vessel as
well as the ship owner, employer, captain and crew have been certified by the
appropriate agency as not having violated this Code, environmental laws and related
laws. In no case shall the authorization or permit mentioned above be granted for
fishing in bays as determined by the Department to be in an environmentally critical
condition and during closed season as provided for in Section 9 of this Code. Section
19. Registry of Municipal Fisherfolk. The LGU shall maintain a registry of municipal
fisherfolk, who are fishing or may desire to fish in municipal waters for the purpose of
determining priorities among them, of limiting entry into the municipal waters, and of
monitoring fishing activities and/or other related purposes: Provided, That the FARMC
shall submit to the LGU the list of priorities for its consideration. Such list or registry
shall be updated annually or as may be necessary, and shall be posted in barangay
halls or other strategic locations where it shall be open to public inspection, for the
purpose of validating the correctness and completeness of the list. The LGU, in
consultation with the FARMCs, shall formulate the necessary mechanisms for inclusion
or exclusion procedures that shall be most beneficial to the resident municipal fisherfolk.
The FARMCs may likewise recommend such mechanisms. The LGUs shall also
maintain a registry of municipal fishing vessels by type of gear and other boat
particulars with the assistance of the FARMC. Section 20. Fisherfolks Organizations
and/or Cooperatives. Fisherfolk organizations / cooperatives whose members are listed
in the registry of municipal fisherfolk, may be granted use of demarcated fishery areas
to engage in fish capture, mariculture and/or fishfarming: Provided, however, That an
organization/cooperative member whose household is already in possession of a fishery
right other than for fish capture cannot enjoy the fishing rights granted to the

organization or cooperative. Section 21. Priority of Resident Municipal Fisherfolk.

Resident municipal fisherfolk of the municipality concerned and their
organizations/cooperatives shall have priority to exploit municipal and demarcated
fishery areas of the said municipality. RA 8550 The Philippine Fisheries Code of 1998
Philippine Department of Agriculture Section 22. Demarcated Fishery Right. The LGU
concerned shall grant demarcated fishery rights to fishery organizations/cooperatives
for mariculture operation in specific areas identified by the Department. Section 23.
Limited Entry Into Overfished Areas. Whenever it is determined by the LGUs and the
Department that a municipal water is overfished based on available data or information
or in danger of being overfished, and that there is a need to regenerate the fishery
resources in that water, the LGU shall prohibit or limit fishery activities in the said
waters. Section 24. Support to Municipal Fisherfolk The Department and the LGUs shall
provide support to municipal fisherfolk through appropriate technology and research,
credit, production and marketing assistance and other services such as, but not limited
to training for additional/supplementary livelihood. Section 25. Rights and Privileges of
Fishworkers. The fishworkers shall be entitled to the privileges accorded to other
workers under the Labor Code, Social Security System and other benefits under other
laws or social legislation for workers: Provided, That fishworkers on board any fishing
vessels engaged in fishing operations are hereby covered by the Philippine Labor Code,
as amended. Article II Commercial Fisheries Section 26. Commercial Fishing Vessel
License and Other Licenses. The municipal/city government shall have jurisdiction over
municipal waters as defined in this Code. The municipal/city government, in consultation
with the FARMC shall be responsible for the management, conservation, development,
protection, utilization and disposition of all fish and fishery/aquatic resources within their
respective municipal waters. The municipal/city government may, in consultation with
the FARMC, enact appropriate ordinances for this purpose and in accordance with the
National Fisheries Policy. The ordinances enacted by the municipality and component
city shall be reviewed pursuant to Republic Act No. 7160 by the sanggunian of the
province which has jurisdiction over the same. The LGUs shall also enforce all fishery
laws, rules and regulations as well as valid fishery ordinances enacted by the
municipal/city council. The management of contiguous fishery resources such as bays
which straddle several municipalities, cities or provinces, shall be done in an integrated
manner, and shall not be based on political subdivisions of municipal waters in order to
facilitate their management as single resource systems. The LGU s which share or
border such resources may group themselves and coordinate with each other to
achieve the objectives of integrated fishery resource management. The Integrated
Fisheries and Aquatic Resources Management Councils (IFARMCs) established under
Section 76 of this Code shall serve as the venues for close collaboration among LGUs
in the management of contiguous resources. RA 8550 The Philippine Fisheries Code of
1998 Philippine Department of Agriculture Section 27. Persons Eligible for Commercial
Fishing Vessel License. No commercial fishing vessel license shall be issued except to

citizens of the Philippines, partnerships or to associations, cooperatives or corporations

duly registered in the Philippines at least sixty percent (60%) of the capital stock of
which is owned by Filipino citizens. No person to whom a license has been issued shall
sell, transfer or assign, directly or indirectly, his stock or interest therein to any person
not qualified to hold a license. Any such transfer, sale or assignment shall be null and
void and shall not be registered in the books of the association, cooperative or
corporation. For purposes of commercial fishing, fishing vessels owned by citizens of
the Philippines, partnerships, corporations, cooperatives or associations qualified under
this section shall secure Certificates of Philippine Registry and such other documents as
are necessary for fishing operations from the concerned agencies: Provided, That the
commercial fishing vessel license shall be valid for a period to be determined by the
Department. Section 28. Commercial Fishing Vessel Registration. The registration,
documentation, inspection and manning of the operation of all types of fishing vessels
plying Philippine waters shall be in accordance with existing laws, rules and regulations.
Section 29. Registration and Licensing of Fishing Gears Used in Commercial Fishing.
Before a commercial fishing vessel holding a commercial fishing vessel license may
begin fishing operations in Philippine waters, the fishing gear it will utilize in fishing shall
be registered and a license granted therefore. The Department shall promulgate
guidelines to implement this provision within sixty (60) days from approval of this Code.
Section 30. Renewal of Commercial Boat License. The commercial fishing boat license
shall be renewed every three (3) years. The owner/operator of a fishing vessel has a
period of sixty (60) days prior to the expiration of the license within which to renew the
same. Section 31. Report of Transfer of Ownership. The owner/operator of a registered
fishing vessel shall notify the Department in writing of the transfer of the ownership of
the vessel with a copy of such document within ten (10) days after its transfer to another
person. Section 32. Fishing by Philippine Commercial Fishing Fleet in International
Waters. Fishing vessels of Philippine registry may operate in international waters or
waters of other countries which allow such fishing operations: Provided, That they
comply with the safety, manning and other requirements of the Philippine Coast Guard,
Maritime Industry Authority and other agencies concerned: Provided, however, That
they secure an international fishing permit and certificate of clearance from the
Department: Provided, further, That the fish caught by such vessels shall be considered
as caught in Philippine waters and therefore not subject to all import duties and taxes
only when the same is landed in duly designated fish landings and fish ports in the
Philippines: Provided, furthermore, That landing ports established by canneries,
seafood processors and all fish landing sites established prior to the effectivity of this
Code shall be considered authorized landing sites: Provided, finally, That fishworkers on
board Philippine registered fishing vessels conducting fishing activities beyond the
Philippine Exclusive Economic Zone are not considered as overseas Filipino workers.
RA 8550 The Philippine Fisheries Code of 1998 Philippine Department of Agriculture
Section 33. Importation of Fishing Vessels or Construction of New Fishing Boats. Prior

to the importation of fishing vessels and the construction of new fishing vessels, the
approval/clearance of the Department must first be obtained. Section 34. Incentives for
Municipal and Small-Scale Commercial Fisherfolk. Municipal and small-scale
commercial fisherfolk shall be granted incentives which shall include, but are not limited
to, the following: a. at least ten percent (10%) of the credit and the guarantee funds of
government financing institutions shall be made available for post-harvest and
marketing projects for the purpose of enhancing our fisherfolk competitiveness by
reducing post-harvest losses. Qualified projects shall include, but shall not be limited to,
ice plants, cold storage, canning, warehouse, transport and other related infrastructure
projects and facilities; and b. the Department shall undertake the following programs: a
capability-building program for targeted parties shall be developed by the Department to
promote greater bankability and credit worthiness of municipal and small-scale
commercial fishers. Such program shall include organizing activities, technology
transfer, and skills training related to commercial fishing as well as credit management.
Groups and cooperatives organized under the program shall have priority access over
credit and guarantee funds established under this Code; and an information campaign
shall be conducted to promote the capability-building and credit programs. The
campaign shall ensure greater information dissemination and accessibility to targeted
fisherfolk. Section 35. Incentives for Commercial Fishers to Fish Farther into the
Exclusive Economic Zone (EEZ). In order to encourage fishing vessel operators to fish
farther in the EEZ and beyond, new incentives for improvement of fishing vessels and
acquisition of fishing equipment shall be granted in addition to incentives already
available from the Board of Investments (BOI). Such incentives shall be granted subject
to exhaustive evaluation of resource and exploitation conditions in the specified areas of
fishing operations. The incentive shall include, but not be limited to: a. long term loans
supported by guarantee facilities to finance the building and acquisition and/or
improvement of fishing vessels and equipment; b. commercial fishing vessel operators
of Philippine registry shall enjoy a limited period of tax and duty exemptions on the
importation of fishing vessels not more than five (5) years old, equipment and
paraphernalia, the period of exemptions and guidelines shall be fixed by the Department
within ninety (90) days from the effectivity of this Code; c. commercial fishing operator of
Philippine registry engaged in fisheries in the high seas shall be entitled to duty and tax
rebates on fuel consumption for commercial fisheries operations. Guidelines shall be
promulgated within ninety (90) days from the effectivity of this Code by the Department;
and d. all applicable incentives available under the Omnibus Investment Code of 1987:
Provided, That the fishing operation project is qualified for registration and is duly
registered with the BOI. RA 8550 The Philippine Fisheries Code of 1998 Philippine
Department of Agriculture Section 36. Complement of Fishing Vessels. Every
commercial fishing vessel of Philippine registry when actually operated, shall be
manned in accordance with the requirements of the Philippine Merchant Marine rules
and regulations. Section 37. Medical Supplies and Life-Saving Devices. All fishing

vessels shall be provided with adequate medical supplies and life-saving devices to be
determined by the Occupational Safety and Health Center: Provided, That a fishing
vessel of twenty (20) GT or more shall have as a member of its crew a person qualified
as a first aider duly certified by the Philippine National Red Cross. Section 38.
Reportorial Requirements. Each commercial fishing vessel shall keep a daily record of
fish catch and spoilage, landing points, and quantity and value of fish caught, and offloaded for transshipment, sale and/or other disposal. Detailed information shall be duly
certified by the vessel's captain and transmitted monthly to the officer or representative
of the Department, at the nearest designated landing point. Section 39. Report of
Meteorological and Other Data. All vessels and crafts passing navigational lanes or
engaged in fisheries activity shall be required to contribute to meteorological and other
data, and shall assist the Department in documentation or reporting of information vital
to navigation and the fishing industry. Section 40. Color Code and Radio Frequency. For
administrative efficiency and enforcement of regulations, registered fishing vessels shall
bear a color code as may be determined by the Department and may be assigned a
radio frequency specific and distinct to its area of operation. Section 41. Passage.
Commercial and other passage not in the regular conduct of fisheries activity shall be
made at designated navigational lanes. Section 42. Transshipment. Foreign fishing
vessels wishing to avail of land, air and sea facilities available in the Philippines to
transport fishery products which are caught outside Philippine territorial waters to its
final destination shall call only at duly designated government-owned or -controlled
regional fishport complexes after securing clearance from the Department. Section 43.
Operation of Radio Communication Facilities on Board Fishing Vessels. The
Department shall promulgate guidelines in the operation of radio communication
facilities on board fishing vessels and the assignment of radio frequencies specific and
distinct to area of operation in coordination with the National Telecommunications
Commission. Section 44. Use of Superlight. The number and wattage of superlights
used in commercial fishing vessels shall be regulated by the Department: Provided,
That the use of superlights is banned within municipal waters and bays. RA 8550 The
Philippine Fisheries Code of 1998 Philippine Department of Agriculture Article III
Aquaculture Section 45. Disposition of the Public Lands for Fishery Purposes. Public
lands such as tidal swamps, mangroves, marshes, foreshore lands and ponds suitable
for fishery operations shall not be disposed or alienated. Upon effectivity of this Code,
FLA may be issued for public lands that may be declared available for fishpond
development primarily to qualified fisherfolk cooperatives/associations: Provided,
however, That upon the expiration of existing FLAs the current lessees shall be given
priority and be entitled to an extension of twenty-five (25) years in the utilization of their
respective leased areas. Thereafter, such FLAs shall be granted to any Filipino citizen
with preference, primarily to qualified fisherfolk cooperatives/associations as well as
small and medium enterprises as defined under Republic Act No. 8289: Provided,
further, That the Department shall declare as reservation, portions of available public

lands certified as suitable for fishpond purposes for fish sanctuary, conservation, and
ecological purposes: Provided, finally, That two (2) years after the approval of this Act,
no fish pens or fish cages or fish traps shall be allowed in lakes. Section 46. Lease of
Fishponds. Fishpond leased to qualified persons and fisherfolk
organizations/cooperatives shall be subject to the following conditions: a. Areas leased
for fishpond purposes shall be no more than 50 hectares for individuals and 250
hectares for corporations or fisherfolk organizations; b. The lease shall be for a period of
twenty-five (25) years and renewable for another twenty-five (25) years: Provided, That
in case of the death of the lessee, his spouse and/or children, as his heirs, shall have
preemptive rights to the unexpired term of his Fishpond Lease Agreement subject to the
same terms and conditions provided herein provided that the said heirs are qualified; c.
Lease rates for fishpond areas shall be determined by the Department: Provided, That
all fees collected shall be remitted to the National Fisheries Research and Development
Institute and other qualified research institutions to be used for aquaculture research
development; d. The area leased shall be developed and producing on a commercial
scale within three (3) years from the approval of the lease contract: Provided, however,
That all areas not fully producing within five (5) years from the date of approval of the
lease contract shall automatically revert to the public domain for reforestation; e. The
fishpond shall not be subleased, in whole or in part, and failure to comply with this
provision shall mean cancellation of FLA; f. The transfer or assignment of rights to FLA
shall be allowed only upon prior written approval of the Department; g. The lessee shall
undertake reforestation for river banks, bays, streams and seashore fronting the dike of
his fishpond subject to the rules and regulations to be promulgated thereon; and h. The
lessee shall provide facilities that will minimize environmental pollution, i.e., settling
ponds, reservoirs, etc: Provided, That failure to comply with this provision shall mean
cancellation of FLA. Section 47. Code of Practice for Aquaculture. The Department shall
establish a code of practice for aquaculture that will outline general principles and
guidelines for environmentally-sound design and operation to promote the sustainable
development of the industry. Such Code shall be developed through a consultative
process with the DENR, the fishworkers, FLA holders, fishpond owners, fisherfolk
cooperatives, small-scale operators, research institutions and the RA 8550 The
Philippine Fisheries Code of 1998 Philippine Department of Agriculture academe, and
other potential stakeholders. The Department may consult with specialized international
organizations in the formulation of the code of practice. Section 48. Incentives and
Disincentives for Sustainable Aquaculture Practices. The Department shall formulate
incentives and disincentives, such as, but not limited to, effluent charges, user fees and
negotiable permits, to encourage compliance with the environmental standards and to
promote sustainable management practices. Section 49. Reversion of All Abandoned,
Undeveloped or Underutilized Fishponds. The DENR, in coordination with the
Department, LGUs, other concerned agencies and FARMCs shall determine which
abandoned, undeveloped or underutilized fishponds covered by FLAs can be reverted

to their original mangrove state and after having made such determination shall take all
steps necessary to restore such areas in their original mangrove state. Section 50.
Absentee Fishpond Lease Agreement Holders. Holders of fishpond lease agreements
who have acquired citizenship in another country during the existence of the FLA shall
have their lease automatically canceled and the improvements thereon to be forfeited in
favor of the government and disposed of in accordance with the rules and regulations
promulgated thereon. Section 51. License to Operate Fish Pens, Fish Cages, Fish
Traps and Other Structures for the Culture of Fish and Other Fishery Products. Fish
pens, fish cages, fish traps and other structures for the culture of fish and other fishery
products shall be constructed and shall operate only within established zones duly
designated by LGUs in consultation with the FARMCs concerned consistent with
national fisheries policies after the corresponding licenses thereof have been secured.
The area to be utilized for this purpose for individual person shall be determined by the
LGUs in consultation with the concerned FARMC: Provided, however, That not over ten
percent (10%) of the suitable water surface area of all lakes and rivers shall be allotted
for aquaculture purposes like fish pens, fish cages and fish traps; and the stocking
density and feeding requirement which shall be controlled and determined by its
carrying capacity: Provided, further, That fish pens and fish cages located outside
municipal waters shall be constructed and operated only within fish pen and fish cage
belts designated by the Department and after corresponding licenses therefore have
been secured and the fees thereof paid. Section 52. Pearl Farm Leases. The foregoing
provisions notwithstanding existing pearl farm leases shall be respected and allowed to
operate under the terms thereof. New leases may be granted to qualified persons who
possess the necessary capital and technology, by the LGUs having jurisdiction over the
area. Section 53. Grant of Privileges for Operations of Fish Pens, Cages, Corrals/Traps
and Similar Structures. No new concessions, licenses, permits, leases and similar
privileges for the establishment or operation of fish pens, fish cages, fish corrals/traps
and other similar structures in municipal areas shall be granted except to municipal
fisherfolk and their organizations. Section 54. Insurance for Fishponds, Fish Cages and
Fish Pens. Inland fishponds, fish cages and fish pens shall be covered under the
insurance program of the Philippine Crop Insurance Corporation for losses caused by
force majeure and fortuitous events. RA 8550 The Philippine Fisheries Code of 1998
Philippine Department of Agriculture Section 55. Non-Obstruction to Navigation. Nothing
in the foregoing sections shall be construed as permitting the lessee, licensee, or
permittee to undertake any construction which will obstruct the free navigation in any
stream, river, lakes, or bays flowing through or adjoining the fish pens, fish cages, fish
traps and fishponds, or impede the flow of the tide to and from the area. Any
construction made in violation hereof shall be removed upon the order of the
Department in coordination with the other government agencies concerned at the
expense of the lessee, licensee, or occupants thereof, whenever applicable. The
Department shall within thirty (30) days after the effectivity of this Code formulate and

implement rules and regulations for the immediate dismantling of existing obstruction to
navigation. Section 56. Non-Obstruction to Defined Migration Paths. Nothing in the
foregoing sections shall be construed as permitting the lessee, permittee, or licensee to
undertake any construction which will obstruct any defined migration path or migratory
fish species such as river mouths and estuaries within a distance determined by the
concerned LGUs in consultation with and upon the recommendation of the FARMCs.
Section 57. Registration of Fish Hatcheries and Private Fishponds, etc. All fish
hatcheries, fish breeding facilities and private fishponds must be registered with the
LGUs which shall prescribe minimum standards for such facilities in consultation with
the Department: Provided, That the Department shall conduct a yearly inventory of all
fishponds, fish pens and fish cages whether in private or public lands: Provided, further,
That all fishpond, fish pen and fish cage operators shall annually report to the
Department the type of species and volume of production in areas devoted to
aquaculture. Article IV Post-harvest Facilities, Activities and Trades Section 58.
Comprehensive Post-harvest and Ancillary Industries Plan. The Department shall
conduct a regular study of fisheries post-harvest operations and ancillary industries, in
the formulation of a comprehensive plan for post-harvest and ancillary industries. It shall
take into account, among others, the following: a. detailed and clear guidelines on the
distribution, construction, maintenance and use of post-harvest infrastructure facilities;
b. extension of credit and incentives for post-harvest operations; c. promotion and
strengthening of semi-processing, processing and handling; d. development of domestic
fishmeal industry; e. development of fisheries ship-building and repair as a viable
industry; f. development and strengthening of marketing facilities and activities,
including the pricing system, with emphasis on collective marketing and the elimination
of middlemen; g. increased participation of cooperatives and non-governmental
organizations in post-harvest operations and ancillary industries; and h. integration of
fisheries post-harvest operations into the national fisheries plan. Section 59.
Establishment of Post-Harvest Facilities for Fishing Communities. The LGUs shall
coordinate with the private sector and other concerned agencies and FARMCs in the
establishment of post-harvest facilities for fishing communities such as, but not limited
to, municipal fish landing sites, fish ports, ice plants and cold storage and other fish
processing establishments to serve RA 8550 The Philippine Fisheries Code of 1998
Philippine Department of Agriculture primarily the needs of municipal fisherfolk:
Provided, That such post-harvest facilities shall be consistent with the Comprehensive
Post-harvest and Ancillary Industries Plan. Section 60. Registration and Licensing of all
Post-Harvest Facilities. All post-harvest facilities such as fish processing plants, ice
plants, and cold storages, fish ports/landings and other fishery business establishments
must register with and be licensed by the LGUs which shall prescribe minimum
standards for such facilities in consultation with the Department. Section 61. Importation
and Exportation of Fishery Products. a. Export of fishery products shall be regulated
whenever such exportation affects domestic food security and production: Provided,

that exportation of live fish shall be prohibited except those which are hatched or
propagated in accredited hatcheries and ponds; b. To protect and maintain the local
biodiversity or ensure the sufficiency of domestic supply, spawners, breeders, eggs and
fry of bangus, prawn and other endemic species, as may be determined by the
Department, shall not be exported or caused to be exported by any person; c. Fishery
products may be imported only when the importation has been certified as necessary by
the Department, in consultation with the FARMC, and all the requirements of this Code,
as well as all existing rules and regulations have been complied with: Provided, That
fish imports for canning/processing purposes only may be allowed without the
necessary certification, but within the provisions of Section 61 (d) of this Code; and d.
No person, shall import and/or export fishery products of whatever size, stage or form
for any purpose without securing a permit from the Department. The Department in
consultation with the FARMC shall promulgate rules and regulations on importation and
exportation of fish and fishery/aquatic resources with the Government's export/import
simplification procedures. Section 62. Instruments of Weights and Measures, and
Quality Grades/Standards. Standards for weights, volume and other measurements for
all fishery transactions shall be set by the Department. All fish and fishery products for
export, import and domestic consumption shall meet the quality grades/standards as
determined by the Department. The LGU concerned shall, by appropriate ordinance,
penalize fraudulent practices and unlawful possession or use of instruments of weights
and measures. RA 8550 The Philippine Fisheries Code of 1998 Philippine Department
of Agriculture CHAPTER III RECONSTITUTION OF THE BUREAU OF FISHERIES
AND AQUATIC RESOURCES AND CREATION OF FISHERIES AND AQUATIC
RESOURCES MANAGEMENT COUNCILS Article I Reconstitution of the Bureau of
Fisheries and Aquatic Resources Section 63. Creation of the Position of Undersecretary
for Fisheries and Aquatic Resources. There is hereby created in the Department of
Agriculture the position of Undersecretary for Fisheries and Aquatic Resources, solely
for the purpose of attending to the needs of the fishing industry, to be appointed by the
President. Such Undersecretary shall have the following functions: a. set policies and
formulate standards for the effective, efficient and economical operations of the fishing
industry in accordance with the programs of the government; b. exercise overall
supervision over all functions and activities of all offices and instrumentalities and other
offices related to fisheries including its officers; c. establish, with the assistance of the
director, such regional, provincial and other fishery officers as may be necessary and
appropriate and organize the internal structure of BFAR in such a manner as is
necessary for the efficient and effective attainment of its objectives and purposes; and
d. perform such other functions as maybe necessary or proper to attain the objectives of
this Code. Section 64. Reconstitution of the BFAR. The Bureau of Fisheries and Aquatic
Resources (BFAR) is hereby reconstituted as a line bureau under the Department of
Agriculture. Section 65. Functions of the Bureau of Fisheries and Aquatic Resources. As
a line bureau, the BFAR shall have the following functions: a. prepare and implement a

Comprehensive National Fisheries Industry Development Plan; b. issue licenses for the
operation of commercial fishing vessels; c. issue identification cards free of charge to
fishworkers engaged in commercial fishing; d. monitor and review joint fishing
agreements between
lipino citizens and foreigners who conduct fishing activities in international waters,
and ensure that such agreements are not contrary to Philippine commitment under
international treaties and convention on fishing in high seas; e. formulate and
implement a Comprehensive Fishery Research and Development Program, such as,
but not limited to, sea farming, sea ranching, tropical/ornamental fish and seaweed
culture, aimed at increasing resource productivity, improving resource use
efficiency, and ensuring the long-term sustainability of the country's fishery and
aquatic resources; f. establish and maintain a Comprehensive Fishery Information
System; g. provide extensive development support services in all aspects of
fisheries production, processing and marketing; h. provide advisory services and
technical assistance on the improvement of quality if fish from the time it is caught
(i.e. on board fishing vessel, at landing areas, fish markets, to the processing plants
and to the distribution and marketing chain); i. coordinate efforts relating to fishery

production undertaken by the primary fishery producers, LGUs, FARMCs, and fishery
organizations/cooperatives; RA 8550 The Philippine Fisheries Code of 1998 Philippine
Department of Agriculture j. advise and coordinate with LGUs on the maintenance of
proper sanitation and hygienic practices in fish markets and fish landing areas; k.
establish a corps of specialists in collaboration with the Department of National
Defense, Department of Interior and Local Government, Department of Foreign Affairs
for the efficient monitoring, control and surveillance of fishing activities within Philippine
territorial waters and provide the necessary facilities, equipment and training therefore;
l. implement as inspection system for import and export of fishery/aquatic products and
fish processing establishments consistent with international standards to ensure product
quality and safety; m. coordinate with LGUs and other concerned agenc ies for the
establishment of productivity enhancing and market development programs in
fishing communities to enable women to engage in other fisheries/economic
activities and contribute significantly to development efforts; n. enforce all laws,
formulate and enforce all rules and regulations governing the conservation and
management of fishery resources, except in municipal waters, and to settle conflicts
of resource use and allocation in consultation with the NFARMC, LGUs and local
FARMCs; o. develop value-added fishery-products for domestic consumption and
export; p. recommend measures for the protection/enhancement of the fishery
industries; q. assist the LGUs in developing their technical capability in the
development, management, regulation, conservation and protection of the fishery
resources; r. formulate rules and regulations for the conservation and management
of straddling fish stocks and highly migratory fish stocks; and s. perform such other
related functions which shall promote the development, conservation, management,
protection and utilization of fisheries and aquatic resources. Section 66. Composition

of BFAR. As a line bureau, the BFAR shall be headed by a Director and assisted by two
(2) Assistant Directors who shall supervise the administrative and technical services of
the bureau respectively. It shall establish regional, provincial and municipal offices as
may be appropriate and necessary to carry out effectively and efficiently the provisions
of this Code. Section 67. Fisheries Inspection and Quarantine Service. For purposes of

monitoring and regulating the importation and exportation of fish and fishery/aquatic
resources, the Fisheries Inspection and Quarantine Service in the BFAR is hereby
strengthened and shall have the following functions: a. conduct fisheries quarantine and
quality inspection of all fish and fishery/aquatic products coming into and going out of
the country by air or water transport, to detect the presence of fish pest and diseases
and if found to harbor fish pests or diseases shall be confiscated and disposed of in
accordance with environmental standards and practices; b. implement international
agreements/commitments on bio-safety and bio-diversity as well as prevent the
movement or trade of endemic fishery and aquatic resources to ensure that the same
are not taken out of the country; c. quarantine such aquatic animals and other fishery
products determined or suspected to be with fishery pests and diseases and prevent the
movement or trade from and/or into the country of these products so prohibited or
regulated under existing laws, rules and regulations as well as international agreements
of which the Philippines is a State Party; d. examine all fish and fishery products coming
into or going out of the country which may be a source or medium of fish pests or
diseases and/or regulated by existing fishery regulations and ensure that the quality of
fish import and export meet international standards; and e. document and authorize the
movement or trade of fish and fishery products when found free of fish pests or
diseases and collect necessary fees prescribed by law and regulations. RA 8550 The
Philippine Fisheries Code of 1998 Philippine Department of Agriculture Article II The
Fisheries and Aquatic Resources Management Councils (FARMCs) Section 68.
Development of Fisheries and Aquatic Resources in Municipal Waters and Bays.
Fisherfolk and their organizations residing within the geographical jurisdiction of the
barangays, municipalities or cities with the concerned LGUs shall develop the
fishery/aquatic resources in municipal waters and bays. Section 69. Creation of
Fisheries and Aquatic Resources Management Councils (FARMCs). FARMCs shall be
established in the national level and in all municipalities/cities abutting municipal waters
as defined by this Code. The FARMCs shall be formed by fisherfolk
organizations/cooperatives and NGOs in the locality and be assisted by the LGUs and
other government entities. Before organizing FARMCs, the LGUs, NGOs fisherfolk, and
other concerned POs shall undergo consultation and orientation on the formation of
FARMCs. Section 70. Creation and Composition of the National Fisheries and Aquatic
Resources Management Council (NFARMC). There is hereby created a National
Fisheries and Aquatic Resources Management Council hereinafter referred to as
NFARMC as an advisory/recommendatory body to the Department. The NFARMC shall
be composed of fifteen (15) members consisting of: a. the Undersecretary of
Agriculture, as Chairman; b. the Undersecretary of the Interior and Local Government;
c. five (5) members representing the fisherfolk and fishworkers; d. five (5) members
representing commercial fishing and aquaculture operators and the processing sectors;
e. two (2) members from the academe; and f. one (1) representative of NGOs involved
in fisheries. The members of the NFARMC, except for the Undersecretary of Agriculture
and the Undersecretary of the Interior and Local Government, shall be appointed by the
President upon the nomination of their respective organizations. Section 71. Terms of
Office. The members of NFARMC, except the Undersecretary of Agriculture and the
Undersecretary of the Interior and Local Government, shall serve for a term of three (3)
years without reappointment. Section 72. Functions of the NFARMC. The NFARMC

shall have the following functions: a. assist in the formulation of national policies for the
protection, sustainable development and management of fishery and aquatic resources
for the approval of the Secretary; b. assist the Department in the preparation of the
National Fisheries and Industry Development Plan; and c. perform such other functions
as may be provided by law. RA 8550 The Philippine Fisheries Code of 1998 Philippine
Department of Agriculture Section 73. The Municipal/City Fisheries and Aquatic
Resources Management Councils (M/CFARMCs). The M/CFARMCs shall be created in
each of the municipalities and cities abutting municipal waters. However, the LGU may
create the Barangay Fisheries and Aquatic Resources Management Councils
(BFARMCs) and the Lakewide Fisheries and Aquatic Resources Management Councils
(LFARMCs) whenever necessary, Such BFARMCs and LFARMCs shall serve in an
advisory capacity to the LGUs. Section 74. Functions of the M/CFARMCs. The
M/CFARMCs shall exercise the following functions: a. assist in the preparation of the
Municipal Fishery Development Plan and submit such plan to the Municipal
Development Council; b. recommend the enactment of municipal fishery ordinances to
the sangguniang bayan/sangguniang panlungsod through its Committee on Fisheries; c.
assist in the enforcement of fishery laws, rules and regulations in municipal waters; d.
advise the sangguniang bayan/panlungsod on fishery matters through its Committee on
Fisheries, if such has been organized; and e. perform such other functions which may
be assigned by the sangguniang panlungsod. Section 75. Composition of the
M/CFARMC. The regular member of the M/CFARMCs shall be composed of: a.
Municipal/City Planning Development Officer; b. Chairperson, Agriculture/Fishery
Committee of the Sangguniang Bayan/Panlungsod; c. representative of the
Municipal/City Development Council; d. representative from the accredited nongovernment organization; e. representative from the private sector; f. representative
from the Department of Agriculture; and g. at least seven (7) fisherfolk representatives
(seven (7) municipal fisherfolk, one (1) fishworker and three (3) commercial fishers) in
each municipality/city which include representative from youth and women sector. The
Council shall adopt rules and regulations necessary to govern its proceeding and
election. Section 76. The Integrated Fisheries and Aquatic Resources Management
Councils (IFARMCs). The IFARMCs shall be created in bays, gulfs, lakes and rivers and
dams bounded by two (2) or more municipalities/cities. Section 77. Functions of
IFARMCs. The IFARMC shall have the following functions: a. assist in the preparation of
the Integrated Fishery Development Plan and submit such plan to the concerned
Municipal Development Councils; b. recommend the enactment of integrated fishery
ordinances to the concerned sangguniang bayan/panlungsod through its Committee on
Fisheries, if such has been organized; c. assist in the enforcement of fishery laws, rules
and regulations in concerned municipal waters; d. advice the concerned sangguniang
bayan/panlungsod on fishery matters through its Committee on Fisheries, if such has
been organized; and RA 8550 The Philippine Fisheries Code of 1998 Philippine
Department of Agriculture e. perform such other functions which may be assigned by
the concerned sangguniang bayan/panlungsod. Section 78. Composition of the
IFARMCs. The regular members of the IFARMCs shall be composed of the following: a.
the chairperson of the Committee on Agriculture/Fisheries of the concerned
sangguniang bayan/panlungsod; b. the Municipal/City Fisheries Officers of the
concerned municipalities/cities; c. the Municipal/City Development Officers of the

concerned municipalities/cities; d. one (1) representative from NGO; e. one (1)

representative from private sector; and f. at least nine (9) representatives from the
fisherfolk sector which include representatives from the youth and women sector. The
Council shall adopt rules and regulations necessary to govern its proceedings and
election. Section 79. Source of Funds of the FARMCs. A separate fund for the
NFARMC, IFARMCs, and M/CFARMSs shall be established and administered by the
Department from the regular annual budgetary appropriations. CHAPTER IV FISHERY
RESERVES, REFUGE AND SANCTUARIES Section 80. Fishing Areas Reserves for
Exclusive Use of Government. The Department may designate area or areas in
Philippine waters beyond fifteen (15) kilometers from shoreline as fishery reservation for
the exclusive use of the government or any of its political subdivisions, agencies or
instrumentalities, for propagation, educational, research and scientific purposes:
Provided, That in municipalities or cities, the concerned LGUs in consultation with the
FARMCs may recommend to the Department that portion of the municipal waters be
declared as fishery reserves for special or limited use, for educational, research, and/or
special management purposes. The FARMCs may recommend to the Department
portions of the municipal waters which can be declared as fisheries reserves for special
or limited use for educational, research and special management purposes. Section 81.
Fish Refuge and Sanctuaries. The Department may establish fish refuge and
sanctuaries to be administered in the manner to be prescribed by the BFAR at least
twenty-five percent (25%) but not more than forty percent (40%) of bays, foreshore
lands, continental shelf or any fishing ground shall be set aside for the cultivation of
mangroves to strengthen the habitat and the spawning grounds of fish. Within these
areas no commercial fishing shall be allowed. All marine fishery reserves, fish
sanctuaries and mangrove swamp reservations already declared or proclaimed by the
President or legislated by the Congress of the Philippines shall be continuously
administered and supervised by the concerned agency: Provided, however, That in
municipal waters, the concerned LGU in consultation with the FARMCs may establish
fishery refuge and sanctuaries: Provided, further, That at least fifteen percent (15%)
where applicable of the total coastal areas in each municipality shall be identified, based
on the best available scientific data and in consultation with the Department, and
automatically designated as fish sanctuaries by the LGUs in consultation with the
concerned FARMCs. RA 8550 The Philippine Fisheries Code of 1998 Philippine
Department of Agriculture CHAPTER V FISHERIES RESEARCH AND DEVELOPMENT
Section 82. Creation of a National Fisheries Research and Development Institute
(NFRDI). In recognition of the important role of fisheries in the development,
management, conservation and protection of the country's fisheries and aquatic
resources, there is hereby created a National Fisheries Research and Development
Institute (NFRDI). The Institute shall form part of the National Research and
Development Network of the Department of Science and technology (DOST). The
Institute, which shall be attached to the Department, shall serve as the primary research
arm of the BFAR. The overall governance of the Institute shall be vested in the
Governing Board which shall formulate policy guidelines for its operation. The plans,
programs and operational budget shall be passed by the Board. The Board may create
such committees as it may deem necessary for the proper and effective performance of
its functions. The composition of the Governing Board shall be as follows: a.

Undersecretary for Fisheries - Chairman b. BFAR Director - Vice Chairman c. NFRDI

Executive Director - Member d. PCAMRD Executive Director - Member e.
Representative from the academe - Member f. four (4) representatives from the private
sector who shall come from the following subsectors: - Members Municipal Fisherfolk
Commercial Fishing Aquaculture Operator Post-Harvest/Processor The NFRDI shall
have a separate budget specific to its manpower requirements and operations to ensure
the independent and objective implementation of its research activities. Section 83.
Qualification Standard. The Institute shall be headed by an Executive Director to be
appointed by the President of the Philippines upon the recommendation of the
governing board. The Executive Director shall hold a doctorate degree in fisheries
and/or other related disciplines. The organizational structure and staffing pattern shall
be approved by the Department: Provided, however, That the staffing pattern and
remunerations for scientific and technical staff shall be based on the qualification
standards for science and technology personnel. Section 84. Research and
Development Objectives. Researches to be done by the NFRDI are expected to result
in the following: a. to raise the income of the fisherfolk and to elevate the Philippines
among the top five (5) in the world ranking in the fish productions; b. to make the
country's fishing industry in the high seas competitive; c. to conduct social research on
fisherfolk families for a better understanding of their conditions and needs; and RA 8550
The Philippine Fisheries Code of 1998 Philippine Department of Agriculture d. to
coordinate with the fisheries schools, LGUs and private sectors regarding the maximum
utilization of available technology, including the transfer of such technology to the
industry particularly the fisherfolk. Section 85. Functions of the NFRDI. As a national
institute, the NFRDI shall have the following functions: a. establish a national
infrastructure unit complete with technologically-advanced features and modern
scientific equipment, which shall facilitate, monitor, and implement various research
needs and activities of the fisheries sector; b. provide a venue for intensive training and
development of human resources in the field of fisheries, a repository of all fisheries
researches and scientific information; c. provide intensive training and development of
human resources in the field of fisheries for the maximum utilization of available
technology; d. hasten the realization of the economic potential of the fisheries sector by
maximizing developmental research efforts in accordance with the requirements of the
national fisheries conservations and development programs, also possibly through
collaborative effort with international institutions; and e. formally establish, strengthen
and expand the network of fisheries-researching communities through effective
communication linkages nationwide. CHAPTER VI PROHIBITIONS AND PENALTIES
Section 86. Unauthorized Fishing or Engaging in Other Unauthorized Fisheries
Activities. No person shall exploit, occupy, produce, breed, culture, capture or gather
fish, fry or fingerlings of any fishery species or fishery products, or engage in any fishery
activity in Philippine waters without a license, lease or permit. Discovery of any person
in an area where he has no permit or registration papers for a fishing vessel shall
constitute a prima facie presumption that the person and/or vessel is engaged in
unauthorized fishing: Provided, That fishing for daily food sustenance or for leisure
which is not for commercial, occupation or livelihood purposes may be allowed. It shall
be unlawful for any commercial fishing vessel to fish in bays and in such other fishery
management areas which may hereinafter be declared as over-exploited. Any

commercial fishing boat captain or three (3) highest officers of the boat who commit any
of the above prohibited acts upon conviction shall be punished by a fine equivalent to
the value of catch or Ten thousand pesos (P10,000.00) whichever is higher, and
imprisonment of six (6) months, confiscation of catch and fishing gears, and automatic
revocation of license. It shall be unlawful for any person not listed in the registry of
municipal fisherfolk to engage in any commercial fishing activity in municipal waters.
Any municipal fisherfolk who commits such violation shall be punished by confiscation
of catch and a fine of Five hundred pesos (P500.00). RA 8550 The Philippine Fisheries
Code of 1998 Philippine Department of Agriculture Section 87. Poaching in Philippine
Waters. It shall be unlawful for any foreign person, corporation or entity to fish or
operate any fishing vessel in Philippine waters. The entry of any foreign fishing vessel in
Philippine waters shall constitute a prima facie evidence that the vessel is engaged in
fishing in Philippine waters. Violation of the above shall be punished by a fine of One
hundred thousand U.S. Dollars (US$100,000.00), in addition to the confiscation of its
catch, fishing equipment and fishing vessel: Provided, That the Department is
empowered to impose an administrative fine of not less than Fifty thousand U.S. Dollars
(US$50,000.00) but not more than Two hundred thousand U.S. Dollars
(US$200,000.00) or its equivalent in the Philippine currency. Section 88. Fishing
Through Explosives, Noxious or Poisonous Substance, and/or Electricity. 1. It shall be
unlawful for any person to catch, take or gather or cause to be caught, taken or
gathered, fish or any fishery species in Philippine waters with the use of electricity,
explosives, noxious or poisonous substance such as sodium cyanide in the Philippine
fishery areas, which will kill, stupefy, disable or render unconscious fish or fishery
species: Provided, That the Department, subject to such safeguards and conditions
deemed necessary and endorsement from the concerned LGUs, may allow, for
research, educational or scientific purposes only, the use of electricity, poisonous or
noxious substances to catch, take or gather fish or fishery species: Provided, further,
That the use of poisonous or noxious substances to eradicate predators in fishponds in
accordance with accepted scientific practices and without causing adverse
environmental impact in neighboring waters and grounds shall not be construed as
illegal fishing. It will likewise be unlawful for any person, corporation or entity to
possess, deal in, sell or in any manner dispose of, any fish or fishery species which
have been illegally caught, taken or gathered. The discovery of dynamite, other
explosives and chemical compounds which contain combustible elements, or noxious or
poisonous substances, or equipment or device for electrofishing in any fishing vessel or
in the possession of any fisherfolk, operator, fishing boat official or fishworker shall
constitute prima facie evidence, that the same was used for fishing in violation of this
Code. The discovery in any fishing vessel of fish caught or killed with the use of
explosive, noxious or poisonous substances or by electricity shall constitute prima facie
evidence that the fisherfolk, operator, boat official or fishworker is fishing with the use
thereof. 2. Mere possession of explosive, noxious or poisonous substances or
electrofishing devices for illegal fishing shall be punishable by imprisonment ranging
from six (6) months to two (2) years. 3. Actual use of explosives, noxious or poisonous
substances or electrofishing devices for illegal fishing shall be punishable by
imprisonment ranging from five (5) years to ten (10) years without prejudice to the filing
of separate criminal cases when the use of the same result to physical injury or loss of

human life. 4. Dealing in, selling, or in any manner disposing of, for profit, illegally
caught/gathered fisheries species shall be punished by imprisonment ranging from six
(6) months to two (2) years. In all case enumerated above, the explosives, noxious or
poisonous substances and/or electrical devices, as well as the fishing vessels, fishing
equipment and catch shall be forfeited. RA 8550 The Philippine Fisheries Code of 1998
Philippine Department of Agriculture Section 89. Use of Fine Mesh Net. It shall be
unlawful to engage in fishing using nets with mesh smaller than that with which may be
fixed by the Department: Provided, That the prohibition on the use of fine mesh net shall
not apply to the gathering of fry, glass eels, elvers, tabios, and alamang and such
species which by their nature are small but already mature to be identified in the
implementing rules and regulations by the Department. 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 from six (6) months to two (2) years or both such
fine and imprisonment at the discretion of the court: Provided, That if the offense is
committed by a commercial fishing vessel, the boat captain and the master fisherman
shall also be subject to the penalties provided herein: Provided, further, That the
owner/operator of the commercial fishing vessel who violates this provision 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. Section 90. Use of Active Gear in the Municipal Waters
and Bays and Other Fishery Management Areas. It shall be unlawful to engage in
fishing in municipal waters and in all bays as well as other fishery management areas
using active fishing gears as defined in this Code Violators of the above prohibitions
shall suffer the following penalties: 1. The boat captain and master fisherman of the
vessels who participated in the violation shall suffer the penalty of imprisonment from
two (2) years to six (6) years; 2. The owner/operator of the vessel shall be fined from
Two thousand pesos (P2,000.00) to Twenty thousand pesos (P20,000.00) upon the
discretion of the court. If the owner/operator is a corporation, the penalty shall be
imposed on the chief executive officer of the Corporation. If the owner/operator is a
partnership, the penalty shall be imposed on the managing partner. The catch shall be
confiscated and forfeited. Section 91. Ban on Coral Exploitation and Exportation. It shall
be unlawful for any person or corporation to gather, possess, sell or export ordinary
precious and semi-precious corals, whether raw or in processed form, except for
scientific or research purposes. Violations of this provision shall be punished by
imprisonment from six (6) months to two (2) years and a fine from Two thousand pesos
(P2,000.00) to Twenty thousand pesos (P20,000.00), or both such fine and
imprisonment, at the discretion of the court, and forfeiture of the subject corals,
including the vessel and its proper disposition. The confiscated corals shall either be
returned to the sea or donated to schools and museums for educational or scientific
purposes or disposed through other means. RA 8550 The Philippine Fisheries Code of
1998 Philippine Department of Agriculture Section 92. Ban on Muro-Ami, Other Methods
and Gear Destructive to Coral Reefs and Other Marine Habitat. It shall be unlawful for
any person, natural or juridical, to fish with gear method that destroys coral reefs,
seagrass beds, and other fishery marine life habitat as may be determined by the
Department. "Muro-Ami" and any of its variation, and such similar gear and methods
that require diving, other physical or mechanical acts to pound the coral reefs and other

habitat to entrap, gather or catch fish and other fishery species are also prohibited. The
operator, boat captain, master fisherman, and recruiter or organizer of fishworkers who
violate this provision shall suffer a penalty of two (2) years to ten (10) years
imprisonment and a fine of not less than One hundred thousand pesos (P100,000.00) to
Five hundred thousand pesos (P500,000.00) or both such fine and imprisonment, at the
discretion of the court. The catch and gear used shall be confiscated. It shall likewise be
unlawful for any person or corporation to gather, sell or export white sand, silica,
pebbles and any other substances which make up any marine habitat. The person or
corporation who violates this provision shall suffer a penalty of two (2) years to ten (10)
years imprisonment and a fine of not less than One hundred thousand pesos
(P100,000.00) to Five hundred thousand pesos (P500,000.00) or both such fine and
imprisonment, at the discretion of the court. The substance taken from its marine habitat
shall be confiscated. Section 93. Illegal Use of Superlights. It shall be unlawful to
engage in fishing with the use of superlights in municipal waters or in violation of the
rules and regulations which may be promulgated by the Department on the use of
superlights outside municipal waters. Violations of this provision shall be punished by
imprisonment from six (6) months to two (2) years or a fine of Five thousand pesos
(P5,000.00) per superlight, or both such fine and imprisonment at the discretion of the
courts. The superlight, fishing gears and vessel shall be confiscated. Section 94.
Conversion of Mangroves. It shall be unlawful for any person to convert mangroves into
fishponds or for any other purposes. Violation of the provision of this section shall be
punished by imprisonment of six (6) years and one (1) day to twelve (12) years and/or a
fine of Eighty thousand pesos (P80,000.00): Provided, That if the area requires
rehabilitation or restoration as determined by the court, the offender should also be
required to restore or compensate for the restoration of the damage. Section 95. Fishing
in Overfished Area and During Closed Season. It shall be unlawful to fish in overfished
area and during closed season. Violation of the provision of this section shall be
punished by imprisonment of six (6) months and one (1) day to six (6) years and/or fine
of Six thousand pesos (P6,000.00) and by forfeiture of the catch and cancellation of
fishing permit or license. RA 8550 The Philippine Fisheries Code of 1998 Philippine
Department of Agriculture Section 96. Fishing in Fishery Reserves, Refuge and
Sanctuaries. It shall be unlawful to fish in fishery areas declared by the Department as
fishery reserves, refuge and sanctuaries. Violation of the provision of this section shall
be punished by imprisonment of two (2) years to six (6) years and/or fine or Two
thousand pesos (P2,000.00) to Twenty thousand pesos (P20,000.00) and by forfeiture
of the catch and the cancellation of fishing permit or license. Section 97. Fishing or
Taking of Rare, Threatened or Endangered Species. It shall be unlawful to fish or take
rare, threatened or endangered species as listed in the CITES and as determined by
the Department. Violation of the provision of this section shall be punished by
imprisonment of twelve (12) years to twenty (20) years and/or fine of One hundred and
twenty thousand pesos (P120,000.00) and forfeiture of the catch, and the cancellation
of fishing permit. Section 98. Capture of Sabalo and Other Breeders/Spawners. It shall
be unlawful for any person to catch, gather, capture or possess mature milkfish or
"sabalo" and such other breeders or spawners of other fishery species as may be
determined by the Department: Provided, That catching of "sabalo" and other
breeders/spawners for local breeding purposes or scientific or research purposes may

be allowed subject to guidelines to be promulgated by the Department. Violation of the

provision of this section shall be punished by imprisonment of six (6) months and one
(1) day to eight (8) years and/or a fine of Eighty thousand pesos (P80,000.00) and
forfeiture of the catch, and fishing equipment used and revocation of license. Section
99. Exportation of Breeders, Spawners, Eggs or Fry. Exportation of breeders, spawners,
eggs or fish as prohibited in this Code shall be punished by imprisonment of eight (8)
years, confiscation of the same or a fine equivalent to double the value of the same, and
revocation of the fishing and/or export license/permit. Section 100. Importation or
Exportation of Fish or Fishery Species. Any importation or exportation of fish or fisheries
species in violation of this Code shall be punished by eight (8) years of imprisonment, a
fine of Eighty thousand pesos (P80,000.00) and destruction of live fishery species or
forfeiture of non-live fishery species in favor of the Department for its proper disposition:
Provided, That violator of this provision shall be banned from being members or stock
holders of companies currently engaged in fisheries or companies to be created in the
future, the guidelines for which shall be promulgated by the Department. Section 101.
Violation of Catch Ceilings. It shall be unlawful for any person to fish in violation of catch
ceilings as determined by the Department. Violation of the provision of this section shall
be punished by imprisonment of six (6) months and one (1) day to six (6) years and/or a
fine of Fifty thousand pesos (P50,000.00) and forfeiture of the catch, and fishing
equipment used and revocation of license. RA 8550 The Philippine Fisheries Code of
1998 Philippine Department of Agriculture Section 102. Aquatic Pollution. Aquatic
pollution, as defined in this Code shall be unlawful. Violation of the provision in this
section shall be punished by imprisonment of six (6) years and one (1) day to twelve
(12) years and/or a fine of Eighty thousand pesos (P80,000.00) plus an additional fine of
Eight thousand pesos (P8,000.00) per day until such violation ceases and the fines are
paid. Section 103. Other Violations. The following fisheries activities shall also be
considered as a violation of this Code: a. Failure to Comply with Minimum Safety
Standards. The owner and captain of a commercial fishing vessel engaged in fishing
who, upon demand by proper authorities, fails to exhibit or show proof of compliance
with the safety standards provided in this Code, shall be immediately prevented from
continuing with his fishing activity and escorted to the nearest port or landing point. The
license to operate the commercial fishing vessel shall be suspended until the safety
standard has been complied with. b. Failure to Conduct a Yearly Report on all
Fishponds, Fish Pens and Fish Cages. The FLA of the holder who fails to render a
yearly report shall be immediately canceled: Provided, That if the offender be the owner
of the fishpond, fish pen or fish cage, he shall be subjected to the following penalties:
(1) first offense, a fine of Five hundred pesos (P500.00) per unreported hectare; (2)
subsequent offenses, a fine of One hundred thousand pesos (P100,000.00) per
unreported hectare. c. Gathering and Marketing of Shell Fishes. It shall be unlawful for
any person to take, sell, transfer, or have in possession for any purpose any shell fish
which is sexually mature or below the minimum size or above the maximum quantities
prescribed for the particular species. d. Obstruction to Navigation or Flow and Ebb of
Tide in any Stream, River, Lake or Bay. It shall be unlawful for any person who causes
obstruction to navigation or flow or ebb of tide. e. Construction and Operation of Fish
Corrals/Traps, Fish Pens and Fish Cages. It shall be unlawful to construct and operate
fish corrals/traps, fish pens and fish cages without a license/permit. Subject to the

provision of subparagraph (b) of this section, violation of the above-enumerated

prohibited acts shall subject the offender to a fine ranging from Two thousand pesos
(P2,000.00) to Ten thousand pesos (P10,000.00) or imprisonment from one (1) month
and one (1) day to six (6) months, or both such fine and imprisonment, upon the
discretion of the court: Provided, That the Secretary is hereby empowered to impose
upon the offender an administrative fine of not more than Ten thousand pesos
(P10,000.))) or to cancel his permit or license, or to impose such fine and to cancel his
permit or license, in the discretion of the Secretary: Provided, further, That the
Secretary, or his duly authorized representative, and law enforcement agents are
hereby empowered to impound with the assistance of the Philippine Coast Guard, PNPMaritime Command: Provided, finally, That any person who unlawfully obstructs or
delays the inspection and/or movement of fish and fishery/aquatic products when such
inspection and/or movement is authorized under this Code, shall be subject to a fine of
not more than Ten thousand pesos (P10,000.00) or imprisonment of not more than two
(2) years, or both such fine and imprisonment, upon the discretion of the court. Every
penalty imposed for the commission of an offense shall carry with it the forfeiture of the
proceeds of such offense and the instruments or tools with which it was committed. RA
8550 The Philippine Fisheries Code of 1998 Philippine Department of Agriculture Such
proceeds and instruments or tools shall be confiscated and forfeited in favor of the
Government, unless they be the property of a third person not liable for the offense, but
those articles which are not subject of lawful commerce shall be destroyed. Section 104.
Commercial Fishing Vessel Operators Employing Unlicensed Fisherfolk or Fishworker
or Crew. The owner/operator of a commercial fishing vessel employing unlicensed
fisherfolk or fishworker shall be fined Five hundred pesos (P500.00) each for every
month that the same has been employed and/or One thousand pesos (P1,000.00) for
every month for each unlicensed crew member who has been employed. Section 105.
Obstruction of Defined Migration Paths. Obstruction of any defined migration paths of
anadromous, catadromous and other migratory species, in areas including, but not
limited to river mouths and estuaries within a distance determined by the concerned
FARMCs shall be punished by imprisonment of seven (7) years to twelve (12) years or a
fine from Fifty thousand pesos (P50,000.00) to One hundred thousand pesos
(P100,000.00) or both imprisonment and fine at the discretion of the court, and
cancellation of permit/license, if any, and dismantling of obstruction shall be at his own
expense and confiscation of the same. Section 106. Obstruction to Fishery Law
Enforcement Officer. The boat owner, master or operator or any person acting on his
behalf of any fishing vessel who evades, obstructs or hinder any fishery law
enforcement officer of the Department to perform his duty, shall be fined Ten thousand
pesos (P10,000.00). In addition, the registration, permit and/or license of the vessel
including the license of the master fisherman shall be canceled. Section 107.
Promulgation of Administrative Orders. For purposes of fishery regulation or other
fishery adjustments, the Department in consultation with the LGUs and local FARMCs,
shall issue Fishery Administrative Orders or regulations for the conservation,
preservation, management and sustainable development of fishery and aquatic
resources. CHAPTER VII GENERAL PROVISIONS Section 108. Fisherfolk Settlement
Areas. The Department shall establish and create a fisherfolk settlement areas in
coordination with concerned agencies of the government, where certain areas of the

public domain, specifically near the fishing grounds, shall be reserved for the settlement
of the municipal fisherfolk. Nothing in this section shall be construed to vest ownership
of any settlement area to a municipal fisherfolk for whom said areas may have been
reserved for or had been actually granted to. Section 109. Municipal Fisheries Grant
Fund. For the development, management and conservation of the municipal resources,
there is hereby created a Fishery Grant Fund to finance fishery projects of the LGUs
primarily for the upliftment of the municipal fisherfolk. The amount of One hundred
million pesos (P100,000,000.00) is hereby appropriated out of the Department's
allocation in the General Appropriations Act (GAA) to support the Grant Fund. RA 8550
The Philippine Fisheries Code of 1998 Philippine Department of Agriculture For this
purpose, the Department may seek financial assistance from any source and may
receive any donation therefore. Section 110. Fishery Loan and Guarantee Fund.
Pursuant to Section 7, Article XIII of the Constitution, there is hereby created a Fishery
Loan and Guarantee Fund with an initial of One hundred million pesos
(P100,000,000.00), which shall be administered by the Land Bank of the Philippines.
The fund shall be made available for lending to qualified borrowers to finance the
development of the fishery industry under a program to be prescribed by the
Department. For the same purpose, the Department may seek financial assistance from
any source and may receive any donation therefrom. Section 111. Fishing Vessel
Development Fund. There is hereby created a Fishing Vessel Development Fund to
enhance the building and/or acquisition of fishing vessels. This shall be a long-term loan
facility that shall be administered by the Development Bank of the Philippines. The
amount of Two hundred and fifty million pesos (P250,000,000.00) per year for five (5)
years is hereby appropriated out of the Department's allocation in the GAA to support
this Development Fund. Section 112. Special Fisheries Science and Approfishtech
Fund. The Department shall provide subsidy for full technical and financial support to
the development of appropriate technology, both in fishery and ancillary industries, that
are ecologically sound, locally sourcebased and labor intensive, based on the
requirements and needs of the FARMCs. An initial amount of One hundred million
pesos (P100,000,000.00) shall be authorized for the purpose of a Special Fisheries and
Approfishtech Fund, and thereafter shall be included in the GAA. Section 113.
Aquaculture Investment Fund. An aquaculture Investment Fund in the minimum amount
of Fifty million pesos (P50,000,000.00) shall be established for soft loans which shall be
extended to municipal fisherfolk and their organization who will engage in aquaculture,
and for the development of underdeveloped or underutilized inland fishponds. Section
114. Other Fisheries Financing Facilities. In addition to fisheries credit guarantee, grant
and other similar facilities granted under this Code, qualified Filipino fisherfolk and
fisheries enterprises shall enjoy such other facilities granted them under existing and/or
new laws, specially as to rural credit, with preference being given to fisheries
cooperatives. Section 115. Professionalization of Fisheries Graduates. There is hereby
created a Fisheries Board of Examiners in the Professional Regulation Commission to
upgrade the Fisheries Profession: Provided, however, That those who have passed the
Civil Service Examination for Fisheries shall automatically be granted eligibility by the
Fisheries Board of Examiners: Provided, further, That they have served the industry in
either public or private capacity for not less than five (5) years: Provided, finally, That the
first Board Examination for B.S. Fisheries Graduates shall be conducted within one (1)

year from the approval of this Code. RA 8550 The Philippine Fisheries Code of 1998
Philippine Department of Agriculture Section 116. Upgrading of State Fisheries
Schools/Colleges. The Department, in coordination with the Commission on Higher
Education (CHED), Department of Education, Culture and Sports (DECS), and
Technical Education and Skills Development Authority (TESDA), shall upgrade State
Fisheries Schools/Colleges which provide both formal and non-formal education:
Provided, however, That the CHED shall incorporate Approfishtech in the curricula of
fisheries schools/colleges. The Department and the CHED shall jointly formulate
standards to upgrade all fisheries schools/colleges. Fisheries schools/colleges that do
not meet minimum standards shall be closed. Section 117. Inclusion of Fisheries
Conservation Subjects in School Curriculum. Fisheries conservation subjects shall be
incorporated in the curricula of elementary and secondary schools in both private and
public. Section 118. Educational campaign at all levels. The Department, the CHED, the
DECS and the Philippine Information Agency shall launch and pursue a nationwide
educational campaign to: a. help realize the policies and implement the provisions of
this Code; b. promote the development, management, conservation and proper use of
the environment; c. promote the principle of sustainable development; and d. promote
the development of truly Filipino-oriented fishing and ancillary industries. Section 119.
Infrastructure Support. The Department in cooperation with concerned agencies shall:
a. prepare and implement a nationwide plan for the development of municipal fishing
ports and markets; b. prioritize the construction of farm-to-market roads linking the
fisheries production sites, coastal landing points and other post-harvest facilities to
major market and arterial roads/highways; c. identify community infrastructure facilities
such as fish landing ports, ice plant and cold storage facilities in consultation with
fishery cooperatives/associations and prepare plans and designs for their construction
that would be consistent with international environmental standards and occupational
safety in sanitation and environmental impact; d. establish and maintain quality
laboratories in major fish ports and prescribe the highest standards for the operation
and maintenance of such post-harvest facilities; e. arrange and make representations
with appropriate funding institutions to finance such facilities for the use of the fishery
cooperatives/associations; f. develop and strengthen marketing facilities and promote
cooperative marketing systems; and g. promote and strengthen local fisheries shipbuilding and repair industry. Section 120. Extension Services. The Department shall
develop cost-effective, practical and efficient extension services on a sustained basis, in
addition to those provided by state educational institutions, especially to municipal
fisherfolk in undeveloped areas, utilizing practicable and indigenous resources and
government agencies available, and based upon a system of self-reliance and self-help.
RA 8550 The Philippine Fisheries Code of 1998 Philippine Department of Agriculture
Section 121. Protection of Sensitive Technical Information. The Department shall take
such measures as may be necessary in order to protect trade, industrial and policy
information of Filipino fisherfolk, fisheries owners/operators, entrepreneurs,
manufacturers and researchers when disclosure of such information will injure the
competitiveness or viability of domestic fisheries. Section 122. Assistance in Collecting
Information. The Department, in coordination with other government entities concerned,
may require Filipino representatives abroad and foreign-based personnel to assist in the
collection of fisheries data and information. Section 123. Charting of Navigational Lanes

and Delineation of Municipal Waters. The Department shall authorize the National
Mapping and Resource Information Authority (NAMRIA) for the designation and charting
of navigational lanes in fishery areas and delineation of municipal waters. The Philippine
Coast Guard shall exercise control and supervision over such designated navigational
lanes. Section 124. Persons and Deputies Authorized to Enforce this Code and Other
Fishery Laws, Rules and Regulations. The law enforcement officers of the Department,
the Philippine Navy, Philippine Coast Guard, Philippine National Police (PNP), PNPMaritime Command, law enforcement officers of the LGUs and other government
enforcement agencies, are hereby authorized to enforce this Code and other fishery
laws, rules and regulations. Other competent government officials and employees,
punong barangays and officers and members of fisherfolk associations who have
undergone training on law enforcement may be designated in writing by the Department
as deputy fish wardens in the enforcement of this Code and other fishery laws, rules
and regulations. Section 125. Strengthening Prosecution and Conviction of Violators of
Fishery Laws. The Department of Justice (DOJ) shall embark on a program to
strengthen the prosecution and conviction aspects of fishery law enforcement through
augmentation of the current complement of state prosecutors and through their
continuous training and reorientation on fishery laws, rules and regulations. Section
126. Foreign Grants and Aids. All foreign grants, aids, exchange programs, loans,
researches and the like shall be evaluated and regulated by the Department to ensure
that such are consistent with the Filipinization, democratization and industrialization of
fishing industry and the development of the entire country. Section 127. Mandatory
Review. The Congress of the Philippines shall undertake a mandatory review of this
Code at least once every five (5) years and as often as it may deem necessary, to
ensure that fisheries policies and guidelines remain responsive to changing
circumstances. RA 8550 The Philippine Fisheries Code of 1998 Philippine Department
of Agriculture CHAPTER VIII TRANSITORY PROVISIONS Section 128. Moratoria. The
Department shall, upon the recommendation of the Bureau, have the power to declare a
moratorium on the issuance of licenses for commercial fishing vessels to operate in
specified area or areas in Philippine waters for a limited period of time if there are
indications of overfishing brought about by a decrease in the volume and sizes of fish
caught therein or for conservation or ecological purposes. No new licenses and similar
privileges on exploitation of specific fisheries areas in Philippine waters and aquaculture
production areas shall be issued in accordance with this Code. Such moratoria shall not
exceed five (5) years form the effectivity of this Code. Section 129. Formulation of
Implementing Rules and Regulations. An Inter-agency Committee is hereby created to
formulate rules and regulations for the full implementation of this Code within ninety (90)
days of its effectivity: Provided, however, That the formulated rules and regulations shall
be submitted to both Houses of Congress for information and guidance. Such rules and
regulations shall take effect upon publication in a newspaper of general circulation. The
Inter-agency Committee shall be composed of the following: a. Secretary of Agriculture
as Chairman; b. Secretary of the Interior and Local Government; c. Secretary of
Environment and Natural Resources; d. Secretary of Justice; e. Secretary of Finance; f.
Secretary of Budget and Management; g. Secretary of Labor and Employment; h.
Secretary of National Defense; i. Commissioner of Civil Service Commission; j. Director
of BFAR; k. Executive Director of PCAMRD; l. General Manager of PFDA; m. One (1)

representative from each of the following: a.1. The League of Provinces; a.2. The
League of Cities; a.3. The League of Municipalities; a.4. The Liga ng mga Barangay; n.
Representative of the municipal fisherfolk; o. Representative of the commercial fishers;
p. Representative of the non-government organizations involved in fishing concerns;
and q. A representative from the academe coming from the specialized fisheries
institution RA 8550 The Philippine Fisheries Code of 1998 Philippine Department of
Agriculture CHAPTER IX FINAL PROVISIONS Section 130. Appropriation. The sum
necessary to effectively carry out the provisions of this Act during the first year of
implementation shall be sourced from the budget of the DA/BFAR and other agencies
performing fisheries-related functions: Provided, however, That such amount as may be
necessary to carry out the provisions of Sections 79, 109, 110, 111, 112, 113 are hereby
appropriated out of the unappropriated funds of the National Treasury. The Congress of
the Philippines shall provide for the appropriations of the Department, the NFRDI and
the Fisheries Scholarship Program for the succeeding years to be included in the
annual GAA. Section 131. Repealing Clause. Presidential Decree No. 704, as amended
by Presidential Decree No. 1015 and 1058, Presidential Decree No. 977, as amended,
Executive Order No. 967, Series of 1984, Executive Order No. 116, Series of 1987,
Executive Order No. 292, Series of 1987, Executive Order No. 473, Series of 1991 and
other existing laws except Republic Act No. 7611, decrees, executive orders, and rules
and regulations or parts thereof, which are inconsistent with this Code, are hereby
repealed or modified accordingly. Section 132. Separability Clause. If any portion or
provision of this Code is declared unconstitutional or invalid, the other portions or
provisions hereof, which are not affected thereby, shall continue in full force and effect.
Section 133. Effectivity. This Code shall take effect fifteen (15) days after its publication
in the Official Gazette or in two (2) newspapers of general publication. Approved, JOSE
DE VENECIA, JR Speaker of the House of Representatives NEPTALI A. GONZALES
President of the Senate This Act, which is a consolidation of Senate Bill No. 1708 and
House Bill No. 7366 was finally passed by the Senate and the House of
Representatives on February 19, 1998. ROBERTO P. NAZARENO Secretary General
House of Representatives HEZEL P. GACUTAN Secretary of the Senate Approved: FEB
25 1998 FIDEL V. RAMOS President of the Philippines

This web page contains the full text of the EXECUTIVE ORDER NO. 79 INSTITUTIONALIZING AND IMPLEMENTING REFORMS IN THE PHILIPPINE
MINING SECTOR PROVIDING POLICIES AND GUIDELINES TO ENSURE
ENVIRONMENTAL PROTECTION AND RESPONSIBLE MINING IN THE
UTILIZATION OF MINERAL RESOURCES

MALACAAN PALACE
MANILA
BY THE PRESIDENT OF THE PHILIPPINES
EXECUTIVE ORDER NO. 79
INSTITUTIONALIZING AND IMPLEMENTING REFORMS IN THE PHILIPPINE
MINING SECTOR PROVIDING POLICIES AND GUIDELINES TO ENSURE
ENVIRONMENTAL PROTECTION AND RESPONSIBLE MINING IN THE
UTILIZATION OF MINERAL RESOURCES
WHEREAS, Section 16, Article II of the 1987 Constitution provides that the State shall
protect and advance the right of the Filipino people to a balanced and healthful ecology
in accord with the rhythm and harmony of nature;chanrobles virtuallawlibrary
WHEREAS, Section 1, Article XII of the 1987 Constitution seeks a more equitable
distribution of opportunities, income, and wealth; a sustained increase in the amount of
goods and services produced by the nation for the benefit of the people; an expanding
productivity as the key to raising the quality of life for all, especially the underprivileged;
and that in the pursuit of these goals, all sectors of the economy and all regions of the
country shall be given optimum opportunity to develop;chanrobles virtuallawlibrary
WHEREAS, Section 2, Article XII of the 1987 Constitution provides that the exploration,
development, and utilization of mineral resources shall be under the full control and
supervision of the State;chanrobles virtuallawlibrary
WHEREAS, further to Section 2, Article XII of the 1987 Constitution, which recognizes
the small-scale utilization of resources by Filipino citizens, small-scale mining shall be
recognized as a formal sector of the industry;chanrobles virtuallawlibrary
WHEREAS, Section 22, Article II of the 1987 Constitution provides that the State
recognizes and promotes the right of indigenous cultural communities within the
framework of national unity and development, and Republic Act (RA) No. 8371, or the
Indigenous Peoples Rights Act (IPRA) of 1997, recognizes further the indigenous
peoples (IPs) right to develop their lands and natural resources within their ancestral
domains, subject to their free, prior, and informed consent (FPIC);chanrobles
virtuallawlibrary

WHEREAS, Section 7, Article X of the Constitution provides that local government units
(LGUs) are entitled to an equitable share in the proceeds of the utilization and
development of the national wealth within their jurisdiction, and the Local Government
Code of 1991 provides that LGUs have the duty and authority to protect and co-manage
the environment and enhance the right of the people to a balanced ecology;chanrobles
virtuallawlibrary
WHEREAS, Section 2 of RA No. 7942, otherwise known as the Philippine Mining Act of
1995, provides that it shall be the responsibility of the State to promote the rational
exploration, development, utilization, and conservation of the countrys mineral
resources 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
protects the rights of affected communities; and,
WHEREAS, as recommended by the Climate Change Adaptation and Mitigation and
Economic Development Cabinet Clusters in a Joint Resolution dated 16 March 2012, a
six-point agenda was adopted, which sets the direction and lays the foundation for the
implementation of Responsible Mining Policies, foremost among which is to improve
environmental mining standards and increase revenues to promote sustainable
economic development and social growth, both at the national and local levels,
NOW THEREFORE, I, BENIGNO S. AQUINO III, President of the Philippines, by virtue
of the powers vested in me by the Constitution and existing laws, do hereby order the
following:chanroblesvirtualawlibrary
SECTION 1. Areas Closed to Mining Applications. Applications for mineral contracts,
concessions, and agreements shall not be allowed in the following:
a) Areas expressly enumerated under Section 19 of RA No.
7942;chanroblesvirtualawlibrary
b) Protected areas categorized and established under the National Integrated Protected
Areas System (NIPAS) under RA No. 7586;chanroblesvirtualawlibrary
c) Prime agricultural lands, in addition to lands covered by RA No. 6657, or the
Comprehensive Agrarian Reform Law of 1988, as amended, including plantations and
areas devoted to valuable crops, and strategic agriculture and fisheries development
zones and fish refuge and sanctuaries declared as such by the Secretary of the
Department of Agriculture (DA);chanroblesvirtualawlibraryd) Tourism development
areas, as identified in the National Tourism Development Plan (NTDP); and,
e) Other critical areas, island ecosystems, and impact areas of mining as determined by
current and existing mapping technologies, that the DENR may hereafter identify
pursuant to existing laws, rules, and regulations, such as, but not limited to, the NIPAS
Act.
Mining contracts, agreements, and concessions approved before the effectivity of this
Order shall continue to be valid, binding, and enforceable so long as they strictly comply
with existing laws, rules, and regulations and the terms and conditions of the grant
thereof. For this purpose, review and monitoring of such compliance shall be
undertaken periodically.
SECTION 2. Full Enforcement of Environmental Standards in Mining. The
Government in general, and the Department of Environmental and Natural Resources
(DENR) in particular, in coordination with concerned LGUs, shall ensure that
environmental standards in mining, as prescribed by the various mining and

environmental laws, rules, and regulations, shall be fully and strictly enforced, and
appropriate sanctions meted out against violators thereof.
In line with the above, only those who are able to strictly comply with all the pertinent
requirements shall be eligible for the grant of mining rights, pursuant to the applicable
provisions of RA No. 7942.
SECTION 3. Review of the Performance of Existing Mining Operations and
Cleansing of Non-Moving Mining Rights Holders. To ensure compliance with
environmental standards, laws, rules and regulations, and to rationalize the
management and utilization of minerals toward sustainable development, a multistakeholder team led by the DENR shall conduct a review of the performance of existing
mining operations. The said review shall be based on guidelines and parameters set
forth in the specific mining contract or agreement and on other pertinent or applicable
laws, rules and regulations, such as the Mining Act of 1995 and the Labor Code.
Appropriate action shall be immediately taken against proven violators based on the
findings and recommendations of the review.
SECTION 4. Grant of Mineral Agreements Pending New Legislation. No new
mineral agreements shall be entered into until a legislation rationalizing existing revenue
sharing schemes and mechanisms shall have taken effect. The DENR may continue to
grant and issue Exploration Permits under existing laws, rules, and guidelines. The
grantees of such permits shall have the rights under the said laws, rules, and guidelines
over the approved exploration area and shall be given the right of first option to develop
and utilize the minerals in their respective exploration area upon the approval of the
declaration of mining project feasibility and the effectivity of the said legislation.
The DENR shall likewise undertake a review of existing mining contracts and
agreements for possible renegotiation of the terms and conditions of the same, which
shall in all cases be mutually acceptable to the government and the mining contractor.
SECTION 5. Establishment of Mineral Reservations. Potential and future mining
areas with known strategic mineral reserves and resources shall be declared as Mineral
Reservations for the development of strategic industries identified in the Philippine
Development Plan and a National Industrialization Plan, pursuant to the pertinent
provisions of RA No. 7942, after proper consultation with all concerned stakeholders
such as, but not limited to, residents of affected communities, LGUs, the business
sector, and non-government and civil society organizations.
This shall be without prejudice to the agreements, contracts, rights and obligations
previously entered into by and between the government and mining
contractors/operators.
SECTION 6. Opening of Areas for Mining through Competitive Public Bidding. The
grant of mining rights and mining tenements over areas with known and verified mineral
resources and reserves, including those owned by the Government and all expired
tenements, shall be undertaken through competitive public bidding. The Mines and
Geosciences Bureau (MGB) shall prepare the necessary competitive bid packages and
formulate the proper guidelines and procedures to conduct the same, which shall
include ensuring that the social acceptability of the proposed project has been secured.
All other mining rights and tenements applications shall be processed and approved
through existing procedures.

SECTION 7. Disposition of Abandoned Ores and Valuable Metals in Mine Wastes

and Mill Tailings. All valuable metals in abandoned ores and mine wastes and/or mill
tailings generated by previous and now defunct mining operations belong to the State
and shall be developed and utilized through competitive public bidding in accordance
with the pertinent provisions of law.
In the case of existing mining operations, all valuable metals in mine wastes and/or mill
tailings shall automatically belong to the State upon the expiration of the pertinent
mining contracts and shall be similarly developed and utilized through public
bidding; provided, that where two or more mine sites, covered by their respective mining
contracts, share a single tailings pond, both or all mining contracts must expire before
the State can claim ownership over the said tailing pond.
The States assumption of responsibility over the structures and facilities relating to
mine wastes and mine tailings shall be without prejudice to any liability/liabilities that
may be found against mining contractors for any harm or damage caused by said
structures and facilities, mine wastes and mine tailings prior to the said assumption of
responsibility in accordance with existing laws, rules, regulations and the terms of the
grant of the mining rights.
SECTION 8. Value-Adding Activities and the Development of Downstream
Industries for the Mineral Sector. The DENR, in coordination with the Department of
Trade and Industry (DTI), Department of Science and Technology (DOST), National
Economic and Development Authority (NEDA), other government agencies concerned,
the mining industry, and other stakeholders, shall submit within a period of six (6)
months a national program and road-map, based on the Philippine Development Plan
and a National Industrialization Plan, for the development of value-adding activities and
downstream industries for strategic metallic ores.
SECTION 9. Constituting the Climate Change Adaptation and Mitigation and
Economic Development Cabinet Clusters as the Mining Industry Coordinating
Council (MICC). The Climate Change Adaptation and Mitigation and Economic
Development Cabinet Clusters, shall constitute themselves into an interagency forum to
be known as the Mining Industry Coordinating Council (MICC).
The MICC shall be co-chaired by the Chairpersons of the two (2) clusters and shall
have the following additional members: Secretary, Department of Justice (DOJ),
Chairperson, National Commission on Indigenous Peoples (NCIP), and President,
Union of Local Authorities of the Philippines (ULAP).
SECTION 10. Powers and Functions of the Council. The Council shall have the
following powers and functions:
a) Submit a work plan within sixty (60) days from the effectivity of this Order for the
implementation of this Order and other reforms related to the mining
industry;chanroblesvirtualawlibraryb) Ensure continuing dialogue and coordination
among all stakeholders in the industry;chanroblesvirtualawlibraryc) Conduct and
facilitate the necessary capacity and institutional building programs for all concerned
government agencies and instrumentalities;chanroblesvirtualawlibraryd) Conduct an
assessment and review of all mining-related laws, rules and regulations, issuances, and
agreements with the view to formulating recommendations to improve the allocation of
revenues and risk between the government and the mining sector, to enhance
coordination between the National Government and LGUs to ensure implementation of

mining laws and regulations, and to properly regulate small-scale mining participants
and ensure that they are accountable to the same environmental and social obligations
as large-scale mining companies;chanroblesvirtualawlibrarye) As may be directed by
the President, constitute and create a Task Force Against Illegal Mining and seek the
assistance of all law enforcement agencies, such as, but not limited, to the Philippine
National Police (PNP) and the Armed Forces of the Philippines (AFP) to ensure strict
compliance with relevant laws, rules and regulations;chanroblesvirtualawlibraryf) Serve
as the Oversight Committee over the operations of Provincial/City Mining Regulatory
Boards (P/CMRBs);chanroblesvirtualawlibraryg) Request the assistance of any
government agency or instrumentality, including government-owned and controlled
corporations and local government units (LGUs), in the implementation of this
Order;chanroblesvirtualawlibraryh) Submit periodic reports to the President on the
status of the implementation of this Order; and,
i) Perform such other functions and acts as may be necessary, proper or incidental to
the attainment of its mandates and objectives, or as may be directed by the President.
SECTION 11. Measures to Improve Small-Scale Mining Activities. To improve and
address issues on small-scale mining, the following measures shall be undertaken:
a) Small-scale mining activities shall comply with RA NO. 7076, or the Peoples SmallScale Mining Act of 1991, and the Environmental Impact Statement System
requirements under Presidential Decree (PD) No. 1586;chanroblesvirtualawlibrary
b) Pursuant to RA No. 7076, small-scale mining operations shall be undertaken only
within the declared Peoples Small-Scale Mining Areas orMinahang
Bayan;chanroblesvirtualawlibrary
c) Pursuant to Section 24 of RA No. 7076, P/CMRBs in provinces and cities where they
have not been constituted shall be operationalized within three (3) months from the
effectivity of this Order;chanroblesvirtualawlibrary
d) Small-scale mining shall not be applicable for metallic minerals except gold, silver,
and chromite, as provided for in RA No. 7076;chanroblesvirtualawlibrarye) The use of
mercury in small-scale mining shall be strictly prohibited; and,
f) Training and capacity building measures in the form of technical assistance for smallscale mining cooperatives and associations shall be conducted by the concerned
government agencies.
SECTION 12. Consistency of Local Ordinances with the Constitution and National
Laws/LGU Cooperation. The Department of the Interior and Local Government (DILG)
and the LGUs are hereby directed to ensure that the exercise of the lattters powers and
functions is consistent with and conform to the regulations, decisions, and policies
already promulgated and taken by the National Government relating to the
conservation, management, development, and proper utilization of the States mineral
resources, particularly RA No. 7942and its implementing rules and regulations, while
recognizing the need for social acceptance of proposed mining projects and activities.
LGUs shall confine themselves only to the imposition of reasonable limitations on
mining activities conducted within their respective territorial jurisdictions that are
consistent with national laws and regulations.
Concerned government agencies, in particular the DENR, the Department of Budget
and Management (DBM), and the Department of Finance (DOF), are hereby directed to
ensure the timely release of the share of LGUs in the National Wealth pursuant to

Section 289 of RA No. 7160, or the Local Government Code of 1991. These agencies
are likewise directed to study the possibility of increasing LGUS share as well as
granting them direct access similar to existing arrangements with the Philippine Export
Zone Authority (PEZA).
LGUs, DENR, and the MGB working together shall strictly implement RA No. 7076, to
ensure the protection of the environment, address various issues in small-scale mining,
and ensure that violators thereof are subjected to appropriate administrative and
criminal liability.
SECTION 13. Creating a One-stop Shop for all Mining Applications and
Procedures. The DENR is hereby directed to establish an inter-agency one-stop shop
for all mining related applications and processes within six (6) months from the
effectivity of this Order. The DENR shall issue authority to verify mineral deposits only
for areas open to mining, as defined in this Order;provided, that no Mineral Production
Sharing Agreement (MPSA), Financial and Technical Assistance Agreement (FTAA),
Joint Venture Agreement (JVA), or Co-Production Agreement (CPA) shall be approved
without the FPIC of the concerned IPs and compliance with the social acceptability
requirement of the communities affected. All concerned government agencies and
instrumentalities, including but not limited to the DENR-MGB, NCIP, DOF, and
concerned LGUs are hereby directed to ensure an efficient and effective consolidation
of functions, and to cooperate and render assistance as may be necessary.
SECTION 14. Improving Transparency in the Industry by Joining the Extractive
Industries Transparency Initiative. In order to improve transparency, accountability,
and governance in the sector, the government shall support and commit participation in
the Extractive Industries Transparency Initiative (EITI). The DENR is mandated to
ensure that mechanisms are established to operationalize the EITI in the mining sector,
in consultation and coordination with the mining industry and other concerned
stakeholders.
SECTION 15. Creation of a Centralized Database for the Mining Industry. The
DENR is hereby directed to create a centralized database of all mining-related
information. The database shall initially include all available data on the industry from all
government agencies and instrumentalities. The database shall be publicly accessible,
transparent, complete, and comprehensive. The database shall be created within six (6)
months from the effectivity of this Order.
Information and data gathered from the conduct of Resource Accounting or Full-Cost
Benefit Analysis Studies, in line with the Wealth Accounting and Valuation of Ecosystem
Services (WAVES) and the National Climate Change Action Plan (NCCAP), shall also
be made part of the centralized database.
SECTION 16. Integrated Map System to Include Mining Related Maps.Current and
existing efforts to create an integrated map system for the common and uniform use of
all government agencies and instrumentalities shall include all mining-related maps,
such as, but not limited, to mining tenement maps, geo-hazard and multi-hazard maps,
ancestral lands and domains, and protected areas under the NIPAS, among others. The
maps in the system, including the mining-related maps, shall guide all planning and
decision-making processes.

Areas closed to mining operations, as provided for in Section 2 of this Order and in
other pertinent laws, rules, and regulations, shall be clearly defined and delineated
under the integrated map system.
SECTION 17. Use of the Programmatic Environmental Impact Assessment. The
DENR and the Environmental Management Bureau (EMB) shall study the adoption of
the Programmatic Environmental Impact Assessment (PEIA) in the implementation of
the Philippine Environmental Impact Statement System (PEISS) under PD No. 1586, for
mining projects and related activities. The necessary amendatory rules and regulations
shall be issued for the implementation of this Section.
The DENR-EMB is also hereby directed to study the use and implementation of the
PEIA for other industries and activities covered by the PEISS.
SECTION 18. Funding. All government agencies involved in the implementation of this
Order are authorized to allocate from their existing funds such amounts as may be
necessary for the budgetary requirements that may be needed to pursue the objectives
of this Order, subject to the usual government accounting and auditing rules and
regulations.
SECTION 19. Implementing Rules and Regulations (IRRs). The DENR, working with
the MICC, shall issue the pertinent IRRs within sixty (60) days from the effectivity of this
Order.
SECTION 20. Separability Clause. If any provision of this Order is declared invalid and
unconstitutional, all other provisions unaffected shall remain valid and subsisting.
SECTION 21. Repealing Clause. All other rules, regulations and issuances or parts
thereof that are inconsistent with this Executive Order are hereby repealed or modified
accordingly.
SECTION 22. Effectivity. This Order shall take effect immediately upon its publication
in a newspaper of general circulation.
DONE, in the City of Manila, this 6th day of July in the year of our Lord Two Thousand
and Twelve.
(Sgd.) BENIGNO S. AQUINO III
By the President:
(Sgd.) PAQUITO N. OCHOA, JR.
Executive Secretary

Republic of the Philippines

Congress of the Philippines
Metro Manila
Twelfth Congress
Second Regular Session

Begun and held in Metro Manila, on Monday, the twenty-second day of July, two
thousand two.
REPUBLIC ACT NO. 9175
November 7, 2002
AN ACT REGULATING THE OWNERSHIP, POSSESSION, SALE, IMPORTATION
AND USE OF CHAIN SAWS, PENALIZING VIOLATIONS THEREOF AND FOR
OTHER PURPOSES
Be it enacted by the Senate and the House of Representatives of the Philippines in
Congress assembled:
Section 1. Title. - This Act shall be known as the "Chain Saw Act of 2002".chanrobles
virtualaw library
Sec. 2. Declaration Policy. 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.chanrobles virtualaw
library
Sec. 3. Definition of Terms. - As used in this Act, the term:
(a) "Chain saw" 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;cralaw
(b) "Chain saw dealer" shall refer to a person, natural or juridical, engaged in the
manufacture, importation, distribution, purchase and/or sale of chain saws;cralaw
(c) "Department" shall refer to the Department of Environment and Natural Resources;
and
(d) "Secretary" shall refer to the Secretary of the Department of Environment and
Natural Resources.chanroblesvirtuallawlibrary
Sec. 4. Persons Authorized to Manufacturer, Sell and Import Chain Saws. - Chain saws
shall only be sold and/or imported by manufacturers, dealers and/or private owners who
are duly authorized by the Department.chanrobles virtualaw library
Sec. 5. Persons Authorized to Possess and Use a Chain Saw. - The Department is
hereby authorized to issue permits to possess and/or use a chain saw for the felling
land/or cutting of trees, timber and other forest or agro-forest products to any applicant
who:
(a) has a subsisting timber license agreement, production sharing agreement, or similar
agreements, or a private land timber permit;cralaw
(b) is an orchard and fruit tree farmer;cralaw
(c) is an industrial tree farmer;cralaw
(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.chanroblesvirtuallawlibrary
Agencies of the government that use chain saws in some aspects of their functions
must likewise secure the necessary permit from the Department before operating the
same.chanrobles virtualaw library

Sec. 6. Registration of Chain Saws. - Within a period of three (3) months from the
effectivity hereof, all persons who own or are otherwise in possession of chain saws
must register the same with the Department, through any of its Community Environment
and Natural Resources Office, which shall issue the corresponding registration
certificate or permit if it finds such persons to be qualified hereunder.
Every permit to possess and/or use a chain saw for legitimate purpose shall be valid for
two (2) years upon issuance: Provided, That permits to possess and use chainsaw
issued to non-commercial orchard and fruit tree farmers shall be valid for a period of five
(5) years upon issuance. For this purpose, the Department shall be allowed to collect
reasonable registration fees for the effective implementation of this Act.chanrobles
virtualaw library
Sec. 7. Penal Provisions. (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).
(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.chanroblesvirtuallawlibrary
If the violation under this Sec. 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 Sec. shall be sold at public auction to qualified
buyers and the proceeds thereof shall go to the Department.chanrobles virtualaw library

Sec. 8. Reward. - Any 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 equivalent to twenty person (20%) of the value of
the chain saw unit(s). The Department is authorized to include in its budget the amount
necessary to carry out the purpose of this Sec. .chanrobles virtualaw library
Sec. 9. Authority of the Secretary. - To effectively implement the provisions of this Act,
the Secretary shall issue the implementing rules and regulations within ninety (90) days
upon approval of this Act. He shall likewise organize an office within the Department to
ensure that requirements imposed by this Act may be complied with by qualified
persons, within the shortest possible time, at the least possible expense.
In the Province of Palawan, the provisions of this Act shall be implemented by the
Palawan Council for Sustainable Development pursuant to Republic Act No. 7611 or the
Strategic Environmental Plan for Palawan.chanrobles virtualaw library
Sec. 10. Revocation of Registration and Permit. - The Secretary may revoke any
Certificate of Registration or permit previously issued to a person found violating the
provisions of this Act, or the rules and regulations issued pursuant thereto.chanrobles
virtualaw library
Sec. 11. Joint Congressional Oversight Committee. - To monitor and oversee the
implementation of this Act, including the approval of the rules and regulations issued
pursuant hereto, there is hereby created a Joint Congressional Oversight Committee to
be composed of the Chairpersons of the Senate Committee on Environment and
Natural Resources and the House Committee on Natural Resources as Chairperson
and Co-Chairperson, five (5) members of each of the Senate and the House of
Representatives who shall be designated by the Senate President and the Speaker of
the House of Representatives as members: Provided, That the two (2) of the five (5)
senators and two (2) of the five (5) House members shall be nominated by the
respective Minority Leaders of the Senate and the House of
Representatives.chanrobles virtualaw library
Sec. 12. Transitory Provision. - In the interim while the Department is formulating the
implementing rules and regulations to effectively carry out the provisions of this Act, the
Bureau of Customs is prohibited from approving any chain saw importation without
clearance from said Department.chanrobles virtualaw library
Sec. 13. Separability Clause. - If, for any reason, any part or provision of this act shall
be declared as unconstitutional or invalid, such parts or provisions not affected thereby
shall remain in full force and effect.chanrobles virtualaw library
Sec. 14. Repealing Clause. - all laws, executive orders, presidential decrees, letters of
instruction, rules and regulations, or parts thereof which are inconsistent with any of the
provisions of this Act are hereby repealed and/or amended accordingly.chanrobles
virtualaw library
Sec. 15. Effectivity. - This Act shall take effect fifteen (15) days after its complete
publication in the Official Gazette or in at least two (2) national newspapers of general
circulation, whichever comes earlier.
Approved:
JOSE DE VENECIA JR.

FRANKLIN DRILON

Speaker of the House of

President of the Senate
Representatives
This Act, which is a consolidation of Senate Bill No. 1940 and House Bill No. 3994, was
finally passed by the Senate and the House of Representative on August 14, 2002 and
September 2, 2002, respectively.
ROBERTO P. NAZARENO
OSCAR G. YABES
Secretary General
Secretary of Senate
House of Represenatives
Approved: November 7, 2002
GLORIA MACAPAGAL-ARROYO
President of the Philippines

Congress of the Philippines

Twelfth Congress
First Regular Session
REPUBLIC ACT NO. 9168
June 7, 2002
AN ACT TO PROVIDE PROTECTION TO NEW PLANT VARIETIES, ESTABLISHING
A NATIONAL PLANT VARIETY PROTECTION BOARD AND FOR OTHER
PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:
Section 1. Short Title.This Act shall be known and cited as the "Philippine Plant Variety
Protection Act of 2002"
Sec. 2. Statement of Policies.
a) The State recognizes that an effective intellectual property system in general and the
development of new plant variety in particular is vital in attaining food security for the
country. To this end, it shall protect and secure the exclusive rights of breeders with
respect to their new plant variety particularly when beneficial to the people for such
periods as provided for in this Act.
b) The use of intellectual property bears a socioeconomic function. To this end, the
State shall promote the diffusion of technology and information for the promotion of
national development and progress for the common good.

c) The State recognizes the indispensable role of the private sector, encourages the
participation of private enterprises and provides incentives to needed investments in the
development of new plant varieties.
d) The State recognizes that science and technology are essential for national
development and promotes the adaptation of technology and knowledge from all
sources for the national benefit. The State also recognizes the need to protect and
secure the exclusive rights of scientists and other gifted citizens to their intellectual
property and creations.
e) The State, while recognizing intellectual property rights in the field of agriculture,
does so in a manner supportive of and not inconsistent with its obligation to maintain a
healthful ecology in accord with the rhythm and harmony of nature.
TITLE II
Definitions
Sec. 3. Definitions. a) "Applicant" means the breeder who applies for the grant of a Certificate of Plant
Variety Protection.
b) "Board" means the National Plant Variety Protection Board created by this Act. It shall
also refer to the National Seed Industry Council during the transition period from the
effectivity of this Act up to the time the said Board has been organized and operating.
c) "breeder" means:
1. The person who bred, or discovered and developed a new plant variety; or
2. The person who is the employer of the aforementioned person or who has
commissioned the work; or
3) The successors-in-interest of the foregoing persons as the case may be; or
4) The holder of the Certificate of Plant Variety Protection.chanroblesvirtuallawlibrary
d) "Certificate of Plant Variety Protection" means the document issued by the Board
pursuant to this Act for the protection of a new plant variety.
e) "Commission" means to engage the services of a person to develop new plant
varieties in exchange for monetary or any material consideration.
f) "Harvested material" means any part of a plant with potential economic value or any
product made directly therefrom in proper case.
g) "Holder" means a person who has been granted a Certificate of Plant Variety
Protection or his successors-in-interest.
h) "Persons" includes natural persons and juridical persons.
i) "Plant" includes terrestrial and aquatic flora.
j) "Plant Variety Protection (PVP)" mans the rights of breeders over their new plant
variety as defined in this Act.
k) "Propagating material" means any part of the plant that can be used to reproduce the
protected variety.
l) "Regulations" means the rules and regulations promulgated by the Board for the
purpose of implementing the provisions of this Act.
m) "Variety" means a plant grouping within a single botanical taxon of the lowest known
rank, that without regard to whether the conditions for plant variety protection are fully
met, can be defined by the expression of the characteristics resulting from a given
genotype or combination of genotypes, distinguished from any other plant groupings by
the expression of at least one (1) characteristics, and considered as a unit with regard

to the suitability for being propagated unchanged. A variety may be represented by

seed, transplants, plants, tubers, tissue culture plantlets, and other forms.
TITLE III
Conditions for the Grant of the Plant Variety Protection
Sec. 4. The Certificate of Plant Variety Protection shall be granted for varieties
that are:
a) New;cralaw
b) Distinct;cralaw
c) Uniform; and
d) Stable.chanroblesvirtuallawlibrary
Sec. 5. Newness. - A variety shall be deemed new if the propagating or harvested
material of the variety has not been sold, offered for sale or otherwise disposed of to
others, by or with the consent of the breeder, for purposes of exploitation of the variety;
a) In the Philippines for more than one (1) year before the date of filing of an application
for plant variety protection; or
b) In other countries or territories in which the application has been filed, for more than
four (4) years or, in the case of vines or tress, more than six (6) years before the date of
filing of an application for Plant Variety Protection.chanroblesvirtuallawlibrary
However, the requirement of novelty provided for in this Act shall not apply to varieties
sold, offered for sale or disposed of to others for a period of five (5) years before the
approval of this Act. Provided, That application for PVP shall be filed within one (1) year
from the approval of this act.chanrobles virtualaw library
Sec. 6. Distinctness. - A variety shall be deemed distinct if it is clearly distinguishable
from any commonly known variety. The filing of an application for the granting of a plant
variety protection or for the entering of a new variety in an official register of variety in
the Philippines or in any country, shall render the said variety a matter of public
knowledge from the date of the said application: Provided, That the application leads to
the granting of a Certificate of Plant Variety Protection or the entering of the said other
variety in the official register of variety as the case may be.chanrobles virtualaw library
Sec. 7. Uniformity. - The variety shall be deemed uniform if, subject to the variation
that may be expected from the particular features of its propagation, it is sufficiently
uniform in its relevant characteristics.chanrobles virtualaw library
Sec. 8. Stability. - The variety shall be deemed stable if its relevant characteristics
remain unchanged after repeated propagation or, in the case of a particular cycle of
propagation, at the end of each such cycle.
TITLE IV
Variety Denomination
Sec. 9. Variety Denomination. - The variety shall be designated by a denomination
which shall be its generic description. In particular, it must be different from any
denomination that designates an existing variety of the same plant species or closely
related species.chanrobles virtualaw library
Sec. 10. Right of Priority over Denomination. - The use of a denomination shall not
be granted to a breeder if such denomination has already been registered to another
breeder or is being used by a third party in relation to the sale or offering for sale of a
particular variety prior to the filing date or priority date of an application for a Certificate
of Plant Variety Protection. In case two (2) or more breeders/applicants apply for the

registration of the same denomination, the breeder/applicant who has the earliest filing
date or priority date shall have the right to register the same to the exclusion of the other
applicant/breeder(s).chanrobles virtualaw library
Sec. 11. Figures as Denomination. - The denomination must enable the variety to be
identified. It may not consist solely of figures except when it is an established practice
for designating such a variety.chanrobles virtualaw library
Sec. 12. Misleading Denomination. - No denomination shall be accepted if it is liable
to mislead or to cause confusion concerning the characteristic value or identity of the
variety or identity of the breeder.chanrobles virtualaw library
Sec. 13. Refusal of Denomination. - If the denomination does not satisfy these
requirements, its registration shall be refused and the breeder shall be required to
propose another denomination within a prescribed period. The denomination shall be
registered together with the grant of the breeder's right.chanrobles virtualaw library
Sec. 14. Denomination Used in an Application Previously Filed abroad. - An
application filed in this country, the subject matter of which is the same as that of an
application previously filed abroad, shall use the same denomination as the latter.
However, if such denomination does not conform to the provisions of this Title, the
applicant/breeder shall be required to submit a new denomination.chanrobles virtualaw
library
Sec. 15. Obligation to Use Denomination. - Any person, who offers for sale or
markets in the Philippines, propagating material of a variety protected, shall be obliged
to use the denomination of that variety, even after the expiration of the breeder's right
therefor except when the rule of prior rights apply.chanrobles virtualaw library
Sec. 16. Use of Marks. - When a protected variety is offered for sale or marketed, it
may be associated with a trademark, trade name or other similar indication with a
registered denomination. If such an indication is so associated, the denomination must
nevertheless be easily recognizable.
TITLE V
Applicants to a Plant Variety Protection
Sec. 17. Entitlement. - Any breeder, with respect to the variety developed, may apply
for a plant variety developed, may apply for a plant variety protection and obtain a
Certificate of Plant Variety Protection upon compliance with the requirements of this
Act.chanrobles virtualaw library
Sec. 18. Co-ownership of the Right. - If two (2) or more persons contribute to the
development of a new plant variety, all of them shall be named in the Certificate of Plant
Variety Protection and shall be entitled to such rights as agreed upon in writing or in the
absence thereof, the rights in proportion to their contribution in the development of plant
variety.chanrobles virtualaw library
Sec. 19. Employee-Employer relationship. - in case an employee develops a plant
variety in the course of his employment as a result of the performance of his regular
duty, the plant variety protection shall belong to the employer, unless there is a written
stipulation to the contrary.chanrobles virtualaw library
Sec. 20. First to File Rule. - If two (2) or more persons develop a new plant variety
separately and independently of each other, the Certificate of Plant Variety Protection
shall belong to the person who files the application first. In case two (2) or more persons

file an application for the same plant variety, the right shall be granted to the person who
has the earliest filing date or priority date.chanrobles virtualaw library
Sec. 21. Priority Date. - Any application for a Certificate of Plant Variety Protection
previously filed by a breeder in another country, which by treaty, convention or law
affords similar privileges to Filipino citizens, shall be considered as filed locally as of the
date of filing of the foreign application: Provided, That:
a) The local application expressly claims priority;cralaw
b) It is filed within twelve (12) months from the filing date of the earliest foreign
application; and
c) The applicant submits, within six (6) months from the filing of the local application,
authenticated copies of documents which constitute the foreign application, samples or
other evidence showing that the variety which is being applied for protection is the same
variety which has been applied for protection in a foreign
country.chanroblesvirtuallawlibrary
Sec. 22. Foreign Nationals. - For purposes of this Act, a person shall be considered a
national of a foreign country if he is a citizen of such country according to its laws, a
natural person residing therein, or is a legal entity whose office is registered in such
foreign country.chanrobles virtualaw library
Sec. 23. National Treatment. - Any application filed locally for a Certificate of Plant
Variety Protection previously granted to a breeder in another country, which by treaty,
convention or law affords similar privileges to Filipino citizens, shall be issued a
Certificate of Plant Variety Protection upon payment of dues and compliance to all the
provisions of this Act. This Act shall also apply to the nationals of foreign countries that
are members of intergovernmental organizations or party to any multilateral agreement
or convention concerning the granting of intellectual property protection to plant
varieties.
TITLE VI
Examination of the Application and Issuance of PVP Certificate
Sec. 24. Contents of the Application. - An application for a Certificate of Plant Variety
Protection shall be filed in the manner and on the conditions prescribed in the
regulations, and shall include:
a) Name of the applicant/breeder;cralaw
b) Address of the applicant/breeder in the Philippines;cralaw
c) Name of resident agent and address in the Philippines;cralaw
d) The description of the variety bred, including particulars of its characteristics;cralaw
e) The variety denomination;cralaw
f) Sample of propagating materials, which are the subject of the application; and
g) Any other particular required by the regulations.chanroblesvirtuallawlibrary
Sec. 25. Rights of the Applicant to File the Application. - If the applicant is not the
actual breeder, he shall indicate in his application the basis for his right to file the
application.chanrobles virtualaw library
Sec. 26. Contents of the Description and Order of Presentation. - The Board shall
issue rules and regulations stipulating the contents of the description and the order of
presentation.chanrobles virtualaw library
Sec. 27. Other Information Required. - The applicant shall be required by the Board to
furnish information regarding any application filed by him in other countries including all

pertinent documents relating thereto. If the applicant has successfully claimed priority
according to this Act, he shall be given a period of two (2) years from the priority date to
comply with the requirements of this Sec. .chanrobles virtualaw library
Sec. 28. Manner of Conducting Tests. - The Board may carry out the necessary tests,
cause the conduct of tests, or consider the results of other tests or trials that have
already been done. For this purpose, the Board shall require the applicant to furnish all
the necessary information, documents or materials within a period of time prescribed in
the regulations.chanrobles virtualaw library
Sec. 29. Filing Date. - For purposes of according a filing date, the Board shall consider,
as a minimum requirement, all of the above enumerated items in Sec. 24
hereof.chanrobles virtualaw library
Sec. 30. Publication of the Application. - After the Board has accorded a filing date,
the application shall be published within sixty (60) days at the expense of the applicant
in the Plant Variety Gazette hereunder described in Sec. 73.
Prior to such publication, the application and all related documents shall not be made
available to the public without the written consent of the applicant.
After publication of the application, any person may inspect the application documents
in a manner to be prescribed by the Board.chanrobles virtualaw library
Sec. 31. Opposition to the Grant of Plant Variety Protection. - Any person who
believes that the applicant is not entitled to the grant of the Certificate of Plant Variety
Protection may file an opposition thereto within the period prescribed by the Board from
the date of its publication and before the issuance of the Certificate of Plant Variety
Protection.
Opposition to the application may be made on the following grounds:
a) that the person opposing the application is entitled to the breeder's right as against
the applicant;cralaw
b) that the variety is not registrable under this Act.chanroblesvirtuallawlibrary
If the opposition is based on the conditions of Plant Variety Protection, such opposition
shall be considered together with the examination of the application.chanrobles
virtualaw library
Sec. 32. Issuance of the Certificate. - When the Board has tested and examined the
variety, and/or considered the supporting materials and literature pertinent thereto, it
shall issue a Certificate of Plant Variety Protection. A notice of such issuance shall be
published in the manner to be prescribed in the regulations at the expense of the
holder.chanrobles virtualaw library
Sec. 33. Term of Protection. - For trees and vines, the period of protection shall be
twenty-five (25) years from the date of the grant of the Certificate of Plant Variety
Protection and twenty (20) years from the said date for all other types of plants, unless
declared void ab initio or cancelled otherwise, as provided under Sec. 61 and 62,
respectively of this Act.chanrobles virtualaw library
Sec. 34. Annual Fees. - To maintain the validity of the Certificate of Plant Variety
Protection, the holder shall pay an annual fee to be prescribed by the Board. Annual
fees shall be paid starting from the fourth anniversary of the issuance of the certificate
and every year thereafter with the first three (3) months of said years. The holder has
the option to pay in advance this annual fee for a maximum of twenty (20) years.

The Certificate of Plant Variety Protection shall expire and cease to have force and
effect upon the holder's failure to pay the annual fees within the prescribed period. A
notice of such cancellation shall be published in the Plant Variety Gazette one (1) year
after the term of protection has expired. Before such publication, any holder who fails to
pay the annual fees may request for a reinstatement of his certificate: Provided, That he
settles his unpaid accounts including surcharges to be determined by the
Board.chanrobles virtualaw library
Sec. 35. Notice of Rejection. - Whenever an application is rejected, the Board shall
immediately inform the applicant on the grounds therefor, and when applicable, identify
and provide the documents used as the basis for rejection.
a) Reconsideration - Within two (2) months from the receipt of the rejection notice, the
applicant may amend his application or traverse the finding of the Board. The Board, in
turn, may reverse its initial finding or issue a final rejection within the same period.
b) Appeal from the Notice of Rejection - The decision applicant of the Board is final
except for anomalous circumstances involving the Board in which case the may appeal
it to the proper court.
TITLE VII
Rights of Holders
Sec. 36. Rights of Holders of Plant Variety Protection. - In respect of the propagating
materials, holders of a Certificate of Plant Variety Protection shall have the right to
authorize any of the following acts:
a) Production or reproduction;cralaw
b) Conditioning for the purpose of propagation;cralaw
c) Offering for sale;cralaw
d) Selling or other marketing;cralaw
e) Exporting;cralaw
f) Importing; and
g) Stocking for any purpose mentioned above.chanroblesvirtuallawlibrary
Sec. 37. The holder may make his authorization subject to conditions and
limitations.
Sec. 38. Acts in Respect of Harvested Materials. - Except for Sections 43 and 44 of
this Title, the rights in the two (2) preceding sections shall also extend to the harvested
materials which may be the entire plant or its other parts, if the production thereof
resulted directly from the unauthorized use of the plant's propagating materials that are
covered by this Act, unless the holder has had the reasonable opportunity to exercise
his right in relation to the said propagating materials.chanrobles virtualaw library
Sec. 39. Coverage of Protection.- The rights of holder under Sections 36 and 38 of
this Act shall also apply in relation to:
a) Varieties which are essentially derived from the protected variety, where the protected
variety is not itself an essentially derived variety;cralaw
b) Varieties which are not clearly distinct from the protected variety; and
c) Varieties whose production requires the repeated use of the protected
variety.chanroblesvirtuallawlibrary
Sec. 40. Essentially Derived Varieties. - For the purpose of paragraph 39(a), a variety
shall be deemed to be essentially derived from the initial variety when:

a) it is predominantly derived from the initial variety, or from a variety that is itself
predominantly derived from the initial variety, while retaining the expression of the
essential characteristics that result from the genotype or combination of genotypes of
the initial variety;cralaw
b) It is clearly distinguishable from the initial variety; and
c) Except for the differences which result from the act of derivation, it conforms to the
initial variety in the expression of the essential characteristics that result from the
genotype or combination of genotypes of the initial variety.chanroblesvirtuallawlibrary
Sec. 41. Manner of Developing Essentially Derived Varieties. - It shall also be
understood that essentially derived varieties may be obtained through processes which
may include, but not limited to, the selection of a natural or induced mutant, or of a
somoclonal variant, the selection of a variant individual from plants of initial variety,
backcrossing or transformation by genetic engineering. Genetic engineering shall be
understood as the introduction of genes by laboratory techniques.chanrobles virtualaw
library
Sec. 42. Provisional Protection. - An applicant for a Certificate of Plant Variety
Protection shall be entitled to equitable remuneration from any person who, during the
period between the publication of the application for the certificate and the grant of that
certificate, has carried out acts which, once the certificate is granted, required the
holder's authorization as conferred in this Act: Provided, That the applicant shall initiate
the legal action against the alleged infringer within two (2) years from the date of the
granting of his Certificate of Plant Variety Protection.chanrobles virtualaw library
Sec. 43. Exceptions to Plant Variety Protection. - The Certificate of Plant Variety
Protection shall not extent to:
a) Acts done for noncommercial purposes;cralaw
b)Acts done for experimental purposes;cralaw
c) Acts done for the purpose of breeding other varieties, except when Sections 39 and
40 apply; and
d) The traditional right of small farmers to save, use, exchange, share or sell their farm
produce of a variety protected under this Act, except when a sale is for the purpose of
reproduction under a commercial marketing agreement. The Board shall determine the
condition under which this exception shall apply, taking into consideration the nature of
the plant cultivated, grown or sown. This provision shall also extend to the exchange
and sell of seeds among and between said small farmers: Provided, That the small
farmers may exchange or sell seeds for reproduction and replanting in their own
land. chanroblesvirtuallawlibrary
Sec. 44. Exhaustion of Plant Variety Protection. - The Certificate of Plant Variety
Protection shall not extend to acts concerning any material of the protected variety, or a
variety covered by the provisions of Sections 39 and 40 hereof, which has been sold or
otherwise marketed by the breeder or with his consent in the Philippines, or any
material derived from the said material, unless it:
a) Involves further propagation of the variety in question; or
b) Involves the export of the variety, which enables the propagation of the variety, into a
country that does not protect the variety of the plant genus or species to which the
variety belongs, except where the exported material is for final consumption
purposes.chanroblesvirtuallawlibrary

Sec. 45. Rights of Attribution. - No Certificate of Plant Variety Protection shall be

issued without naming the breeder(s) unless this right is protested in writing within one
(1) year.chanrobles virtualaw library
Sec. 46. Succession/Transmission. - The Certificate of Plant Variety Protection shall
be considered as a property right and the transmission thereof shall be governed by the
law on Property.
TITLE VIII
Infringement
Sec. 47. What Constitutes Infringement. - Except as otherwise provided in this Act,
any person who without being entitled to do so, performs the following acts:
a) Sell the novel variety, or offer it or expose it for sale, deliver it, ship it, consign it,
exchange it, or solicit an offer to buy it, or any other transfer of title or possession of it;
or
b) Import the novel variety into, or export it from, the Philippines; or
c) Sexually multiply the novel variety as a step in marketing (for growing purposes) the
variety; or
d) Use the novel variety in producing (as distinguished from developing) a hybrid or
different variety therefrom; or
e) Use seed which had been marked "unauthorized propagation prohibited" or
"unauthorized seed multiplication prohibited" or progeny thereof to propagate the novel
variety; or
f) Dispense the novel variety to another, in a form which can be propagated, without
notice as to being a protected variety under which it was received; or
g) Fails to use a variety denomination the use of which is obligatory under Sec. 15; or
h) Perform any of the foregoing acts even in instances in which the novel variety is
multiplied other than sexually, except in pursuance of a valid Philippine plant patent; or
i) Instigate or actively induce performance of any foregoing acts, may be sued by the
holder, who may also avail of all such relief as are available in any proceeding involving
infringements of other proprietary rights.chanroblesvirtuallawlibrary
Sec. 48. Where to Commence Action. - Any holder may petition the proper regional
trial court for infringement of his plant variety protection as defined in this Act.chanrobles
virtualaw library
Sec. 49. Presumption of Validity. - Certificate of Plant Variety Protection shall be
presumed valid and the burden of proof of their invalidity shall rest on the party assailing
them.chanrobles virtualaw library
Sec. 50. Defenses Against Infringement Charges. - The following shall be valid
defenses against infringement charges:
a) Non-infringement;cralaw
b) The plant variety does not possess at the time of its application criterion of novelty or
distinctness;cralaw
c) The alleged infringement was performed under a right adverse to it, prior to the notice
of infringement; and/or
d) Other defenses that are made available under this Act.chanroblesvirtuallawlibrary
Sec. 51. Notice. - No damages shall be awarded unless there is actual or constructive
notice made upon the alleged infringer.chanrobles virtualaw library

Sec. 52. Damages. - The court may award actual, moral, exemplary damages and
attorney's fees according to a proven amount including a reasonable royalty for the use
of the protected variety.chanrobles virtualaw library
Sec. 53. Injunction. - The court may also enjoin the infringer(s) from further performing
any act of infringement on the rights of the holder(s) as defined in this Act.chanrobles
virtualaw library
Sec. 54. Court to Order Confiscation of Infringing Materials. - Upon petition by the
complainant, the court may order the confiscation of infringing materials, and:
a) Cause their distribution to charitable organization;cralaw
b) Cause the sale and provide the proceeds thereof to research organizations; or
c) Cause the return to the petitioner for further scientific use.chanroblesvirtuallawlibrary
Sec. 55. Prescription. - No recovery of damages for any infringement case shall
prosper when the cause of action has reached more than six (6) years from the time the
alleged infringement case was committed.chanrobles virtualaw library
Sec. 56. Criminal Penalty. - Any person who violates any of the rights of the holder
provided for in this Act may also suffer the penalty of imprisonment of not less than
three (3) years but not more than six (6) years and/or a fine of up to three (3) times the
profit derived by virtue of the infringement but in no case should be less than One
Hundred Thousand pesos (P100,000.00).
TITLE IX
Compulsory License
Sec. 57. Grounds for the Grant of Compulsory Licensing. - Any interested person
may file a petition for compulsory license with the Board at any time after two (2) years
from the grant of the Certificate of Plant Variety Protection under this Act when it is for
the public interest to grant such compulsory license, and:
a) The reasonable requirements of the public for any part of the variety are not met; or
b) There is an overseas market for the sale of any part of the variety and the same are
not met by the holder; or
c) The plant variety developed relates to or required in the production of medicine
and/or any food preparation.chanroblesvirtuallawlibrary
Sec. 58. Scope of Compulsory License. - The Board, upon petition by any interested
party and upon proof of any of the foregoing grounds, may issue a decision:
a) Allowing the petitioner to produce in commercial quantity and distribute the variety
protected or any part thereof; or
b) Requiring the holder to ensure the availability of the propagating materials of the
variety protected; or
c) Requiring the petitioner to pay the holder with license fees in the form of reasonable
royalties; and
d) Other such additional remedies at the Board may determine to be consistent with
appropriate circumstances.chanroblesvirtuallawlibrary
Sec. 59. Duration of the License. - A compulsory license shall be effective until the
ground(s) for its issuance has been terminated as determined by the Board motu
proprio or upon petition by party or parties and resolution by the Board.chanrobles
virtualaw library
Sec. 60. Procedure for Grant. - The Board shall provide in the rules and regulations
the manner and procedure for granting compulsory licenses.

TITLE X
Cancellation and Nullity of Plant Variety Protection
Sec. 61. Grounds for Nullity. - The Certificate of Plant Variety Protection shall be
declared void ab initio on any of the following grounds:
a) The grant of the Certificate of Plant Variety Protection was essentially based upon
information and documents furnished by the applicant, wherein the conditions of
distinctness, uniformity, stability, and newness were not complied with the time of the
grant of the certificate; or
b) The Certificate of Plant Variety Protection was granted to a person who is not entitled
to it, unless it is transferred to the person who is so entitled.
The effect of the declaration of nullity is that as if the Certificate of Plant Variety
Protection was not issued.chanroblesvirtuallawlibrary
Sec. 62. Grounds for Cancellation. - The Plant Variety Protection shall be cancelled
on any of the following grounds:
a) The breeder does not provide the required information, documents, or materials
necessary for verifying the maintenance of the variety; or
b) the breeder fails to pay the required fees to keep his or her rights in force or provides
false information in his or her application; or
c) The breeder does not propose, within the time/period provided under the regulations,
another suitable denomination if the denomination of the variety is cancelled after the
grant of the Certificate of Plant Variety Protection; or
d) The conditions of uniformity and stability could not be maintained although these
were present at the time of the issuance of the Certificate of Plant Variety Protection; or
e) The breeder entitled to the Certificate of Plant Variety Protection or the holder has
relinquished his/her rights through a declaration in a public instrument filed with the
registrar.chanroblesvirtuallawlibrary
Sec. 63. Venue. - Any petition to cancel a Certificate of Plant Variety Protection shall
originally be under the jurisdiction of the Board. Decisions of the Board may be
appealable with the Court of Appeals within fifteen (15) days from the date of notice of
the Board's final decision.chanrobles virtualaw library
Sec. 64. Prescription. - The right to cancel a Certificate of Plant Variety Protection shall
be instituted at any time within the term of protection of such right.chanrobles virtualaw
library
Sec. 65. Publication. - A notice of the filing of a petition to cancel a Certificate of Plant
Variety Protection and the final order/decision on the same shall be published in
the Plant Variety Gazette at the expense of the petitioner.
TITLE XI
Institution
Sec. 66. National Plant Variety Protection Board. - There is hereby created National
Plant Variety Protection Board which shall be composed of the following or their duly
designated representatives:
a) The Secretary of the Department of Agriculture, as chairman;cralaw
b) The Secretary of the Department of Science and Technology, as co-chairman;cralaw
c) The Director-General of the Intellectual Property Office, as vice chairman;cralaw
d) The Director of the Bureau of Plant Industry;cralaw

e) The Director of the Institute of Plant Breeding of the University of the Philippines Los
Baos;cralaw
f) The President of the Philippine Seed Industry Association;cralaw
g) A representative from a federation of small farmers' organizations to be nominated by
the Secretary of Agriculture;cralaw
h) A representative from the scientific community to be nominated by the National
Academy of Science and Technology; and
i) The Registrar (ex officio).chanroblesvirtuallawlibrary
The members of the Board or their representatives must be Filipino citizens, have good
moral character and should not have been convicted of a crime involving moral
turpitude.
The Board shall perform the following functions:
a) Promulgate policy guidelines for the effective implementation of the provisions of this
Act;cralaw
b) Have original and exclusive appellate jurisdiction over all acts of the Registrar;cralaw
c) Have original jurisdiction over petitions for compulsory licensing, nullity and
cancellation of the Certificate of Plant Variety Protection;cralaw
d) Institutionalize database of existing plant varieties, collected from foreign and local
databases, within one (1) year from the effectivity of this act;cralaw
e) Call on resource persons to provide inputs that will be relevant in the performance of
the tasks of the Board;cralaw
f) Organize the Registrar as it sees fit;cralaw
g) Approve capital expenditure and contracts of experts; and
h) Perform all other functions as may be required in the implementation of this
Act.chanroblesvirtuallawlibrary
Sec. 67. Rules and Regulations. - For the purpose of the preceding section, the Board
with representatives from the Senate and House Committees on Agriculture, shall within
six (6) months from the effectivity of this act, prescribe rules and regulations necessary
for the implementation of its functions, or reorganize and create units therefore under its
control and supervision.chanrobles virtualaw library
Sec. 68. Fees. - The Board shall prescribe a schedule of fees to be charge against any
applicant/breeder in the course of the application for a Certificate of Plant Variety
Protection or in the maintenance therefor.chanrobles virtualaw library
Sec. 69. Coordination and Cooperation with Other Institutions. - For the purpose of
verifying certain facts such as but not limited to the requirements of stability, distinctness
and uniformity, the Board may enter into agreements with other governmental or
nongovernmental institutions both domestic and foreign under a set of conditions
germane to its functions.
Further, the Board shall also designate appropriate state colleges and universities, bona
fide research institutions, or appropriate nongovernmental research centers as testing
centers for the distinctness, uniformity and stability of varieties.chanrobles virtualaw
library
Sec. 70. The PVP Fund. - There is hereby created PVP Fund, hereinafter referred to as
the Fund, to be administered by the Board. All fees, fines and charges collected by the
Board under this Act, shall be deposited in the Fund. The Board is hereby authorized to
use and disburse the Fund. The Board is hereby authorized to use and disburse the

Fund without need of approval by any government agency, and subject only to existing
accounting and auditing rules and regulations for purposes of defraying the cost of
operations in the delivery of its services to the public.chanrobles virtualaw library
Sec. 71. Gene Trust Fund. - There shall be an independent and separate trust fund
established under this Act, to be administered by the Board, for the benefit of bona
fide organizations or institutions managing and operating an accredited gene bank. An
amount to be determined by the Board but not to exceed twenty percent (20%) of the
fees and charges, shall be used for the purposes of the gene trust fund. The trust fund
may also accept donations from national and international institutions and other
organizations and individuals interested in strengthening genetic
conservation.chanrobles virtualaw library
Sec. 72. Farming Communities and Bona fide Farmers' Organizations. - Farming
communities and bona fide farmers' organizations are encouraged to build an inventory
of locally-bred varieties as an option to protect these resources from misappropriation
and unfair monopolization.chanrobles virtualaw library
Sec. 73. Publication. - The Board shall maintain its own publication which shall be
known as the Plant Variety Gazette for all the publication requirements of this Act and
for other purposes which the Board may require. Copies shall be distributed to all
concerned especially to the Members of the Senate and House Committees on
Agriculture: Provided, That the Board shall distribute for free, and in the major dialect
understood by the locality, copies of the Plant Variety Gazette to small farmer groups
and indigenous communities.chanrobles virtualaw library
Sec. 73. The Registrar. - There is hereby established a National Plant Variety
Protection Registrar and an Associate Registrar under the control and supervision of the
Board. The Registrar and the Associate Registrar shall be appointed by the President of
the Philippines upon the recommendation of the Board and shall have a term of six (6)
years. However, the Registrar who shall be first appointed shall serve for a term of
seven (7) years.
The Registrar shall be a citizen of the Philippines with good moral character, proven
track record in the field of plant science, and/or extensive executive experience and
capability.
Functions of the Registrar. The Registrar shall have the following functions:
a) Has original and exclusive jurisdiction to receive, process, examine all applications
for Certificate of Plant Variety Protection in accordance with this Act, and in meritorious
cases, issued the said certificates and sign them in the name of the Board;cralaw
b) Issue and maintain a systematic record of all Certificate of Plant Variety Protection
and transactions related thereto;cralaw
c) Implement the rules and regulations issued by the Board;cralaw
d) Institutionalize, maintain and continuously update a database of existing plant
varieties collected from foreign and local databases;cralaw
e) Maintain a library of scientific and other works and periodicals, both foreign and local,
to aid his examiners in the discharge of their duties;cralaw
f) Maintain samples of the propagating materials of the protected variety; and
g) Perform such other functions as may be prescribed by the Board.
TITLE XII
Miscellaneous and Final Provisions

Sec. 75. Relation with Other Laws. - The interpretation of the provisions of this Act
shall not negate the effectivity and application of Republic Act No. 8371, otherwise
known as the "Indigenous People's Rights Act"; Republic Act No. 9147, otherwise
known as the "Wildlife Resources Conservation and Protection Act"; Presidential
Decree No. 1151, otherwise known as the "Philippine Environmental Policy"; and
Executive Order No. 430 and Administration Order No. 8, Series of 2002 of the
Department of Agriculture or the rules and regulations for the importation and release to
the environment of plant products derived from the use of biotechnology.chanrobles
virtualaw library
Sec. 76. Transitory Provisions. - The National Seed Industry Council, which was
created by Republic Act No. 7308 or the National Seed Industry Development Act, shall
perform the functions of the Board until the latter has been fully organized, but not later
than three (3) years from the effectivity of this act. Within the same period, the Director
of the Bureau of Plant Industry shall be the Acting Registrar and the Assistant Director
of the same Bureau shall act as the Associate Registrar.chanrobles virtualaw library
Sec. 77. Appropriations. - The Secretary of the Department of Agriculture shall
immediately include in its program and issue such rules and regulations to implement
the provisions of this Act, the funding of which shall be included in the annual General
Appropriations Act.chanrobles virtualaw library
Sec. 78. Separability Clause. - If, for any reason, any provision of this Act is declared
invalid or unconstitutional, the other parts not affected thereby shall continue to be in full
force and effect.chanrobles virtualaw library
Sec. 79. Repealing Clause. - All laws, decrees, executive orders, and rules and
regulations, or parts thereof that are inconsistent with the provisions of this Act, are
hereby repealed or modified accordingly.chanrobles virtualaw library
Sec. 80. Effectivity. - This Act shall take effect thirty (30) days after its complete
publication in a newspaper of general circulation.
Approved:

(Sgd)

(Sgd)

JOSE DE VENECIA, JR.

Speaker of the House of
Representatives

FRANKLIN M. DRILON
President of the Senate

This Act which is a consolidation of Senate Bill No. 1865 and House Bill No. 4518 was
finally passed by the Senate and the House of Representatives on May 30, 2002.
(Sgd)

(Sgd)

ROBERTO P. NAZARENO
Secretary General
House of Representatives

OSCAR G. YABES
Secretary of the Senate

Approved: June 7, 2002

(Sgd)
GLORIA MACAPAGALARROYO
President of the Philippines

Republic of the Philippines

CONGRESS OF THE PHILIPPINES
Metro Manila
Eleventh Congress
Third Regular Session
Begun and held in Metro Manila, on Monday, the twenty-fourth day of July, two
thousand.
REPUBLIC ACT NO. 9154 August 11, 2001
AN ACT ESTABLISHING MT. KANLA-ON LOCATED IN THE CITIES OF BAGO, LA
CARLOTA, AND SAN CARLOS AND IN THE MUNICIPALITIES OF LA CASTELLANA
AND MURCIA, ALL IN THE PROVINCE OF NEGROS OCCIDENTAL, AND IN THE
CITY OF CANLAON AND MUNICIPALITY OF VALLEHERMOSO, BOTH IN THE
PROVINCE OF NEGROS ORIENTAL, AS A PROTECTED AREA AND A
PERIPHERAL AREA AS BUFFER ZONE PROVIDING FOR ITS MANAGEMENT, AND
FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:

ARTICLE I
TITLE, POLICIES AND OBJECTIVES
Section 1. Title. - This Act shall be known as the Mt. Kanla-on Natural Park (MKNP) Act
of 2001.chanrobles virtualaw library
Sec. 2. Statement of Policy. - Considering the diversity of Mt. Kanla-on's biological
resources and its aesthetic, socio-cultural, economic and ecological importance to the
Island of Negros, it is hereby declared the policy of the State to ensure its protection
and conservation including its communities of people and their culture and way of life
insofar as they are in harmony with nature. The protection and conservation of MKNP
shall be pursued through sustainable and participatory development, advancing and
protecting the interests of its legitimate inhabitants, and honoring customary laws in
accordance with Republic Act No. 7586 or the National Integrated Protected Areas
System (NIPAS) Act of 1992, Republic Act No. 8371 or the Indigenous Peoples Rights
Act (IPRA) of 1997, and international conventions to which the Philippines is a
signatory.chanrobles virtualaw library
Sec. 3. Definition of Terms. - The following terms are hereby defined for purposes of this
Act:
(a) "Bioprospecting" shall refer to the research, collection, and utilization of biological
and genetic resources for purposes of applying the knowledge derived therefrom for
scientific and/or commercial purposes.
(b) "Commercial" shall mean involving market sale in volume or value in excess of that
required to maintain basic subsistence for workers and their dependents.
(c) "DENR" shall refer to the Department of Environment and Natural Resources.
(d) "Exotic Species" shall refer to species or subspecies that do not naturally occur
within the biogeographic region of the MKNP at present or in historical time.
(e) "Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs)" shall refer to the
indigenous peoples as defined in the IPRA, specifically, the Atis and Bukidnons of the
MKNP.
(f) "Natural Park" is a relatively large area not materially altered by human activity,
where extractive resource uses are not allowed, and maintained to protect outstanding
natural and scenic areas of national or international significance for scientific,
educational, and recreational use.
(g) "Nongovernment Organization (NGO)" shall refer to any civic, developmental,
environmental or philantrophic non-stock, non-profit organization, duly registered,
having by-laws, democratically-elected representation, and multi-sectoral in character.
(h) "Non-Renewable Resources" shall refer to those resources found within the MKNP,
the natural replenishment rate of which is not known.
(i) "PAMB" shall refer to the Protected Area Management Board, as provided herein.
(j) "PASu" shall refer to the Protected Area Superintendent, as provided herein.
(k) "People's Organization (PO)" shall refer to any group of people formed to advance
the interests of the sector they represent.
(l) "Protected Species" shall refer to any plant or animal declared protected under
Philippine laws. These shall include all species listed under the Convention of
International Trade of Endangered Species (CITES) and all its Annexes, the Bonn
Convention on Migratory Animals, those specified under the redlist categories of the

International Conservation of Nature (UCN), or any plant or animal which the PAMB
may deem necessary for conservation and preservation in the MKNP.
(m) "Tenured Migrant" shall refer to any person who has actually and continuously
occupied an area of five (5) years prior to its designation as part of a protected area and
is usually dependent on that area for subsistence.chanroblesvirtuallawlibrary
Sec. 4. Declaration and Scope. - Pursuant to and in accordance with the NIPAS Act, Mt.
Kanla-on in the Island of Negros is hereby declared and established as a protected area
under the category of a natural park.
The boundaries of the Mt. Kanla-on Natural Park are hereby described as follows:
Beginning at a point marked "1" on the map which is marked on plan N.P. or P.B.M. No.
4 between Negros Occidental and Negros Oriental under Pontevedra Cadastre No. 60,
B.L. Case No. 2 of Negros Oriental;
S 61 40 W
277.22 m to point 2;
Thence,

S 61 40 W

2,199.89 m to point 3;

Thence,

N 19 37 E

49.42 m to point 4;

Thence,

N 09 02 E

84.76 m to point 5;

Thence,

N 20 15 E

194.68 m to point 6;

Thence,

N 17 00 E

167.10 m to point 7;

Thence,

N 24 16 E

141.43 m to point 8;

Thence,

N 01 45 W

144.13 m to point 9;

Thence,

N 33 32 E

63.25 m to point 10; an old corner;

Thence,

N 74 15 E

102.25 m to point 11;

Thence,

N 06 16 E

147.10 m to point 12;

Thence,

N 74 16 E

157.88 m to point 13;

Thence,

N 17 04 E

112.39 m to point 14;

Thence,

S 68 37 E

45.40 m to point 15;

Thence,

N 31 51 E

283.07 m to point 16;

Thence,

N 35 52 E

133.47 m to point 17;

Thence,

N 53 28 E

60.50 m to point 18;

Thence,

N 20 46 E

231.62 m to point 19;

Thence,

N 27 51 E

134.43 m to point 20;

Thence,

N 23 18 E

93.26 m to point 21;

Thence,

N 34 12 E

205.86 m to point 22;

Thence,

N 07 37 E

50.05 m to point 23;

Thence,

N 02 57 E

231.63 m to point 24;

Thence,

N 84 47 E

144.74 m to point 25;

Thence,

N 04 29 E

177.03 m to point 26;

Thence,

N 50 59 E

52.86 m to point 27;

Thence,

S 01 37 W

193.01 m to point 28;

Thence,

S 26 57 W

116.23 m to point 29;

Thence,

S 10 17 W

96.45 m to point 30;

Thence,

S 89 12 E

110.45 m to point 31;

Thence,

N 76 12 E

90.83 m to point 32; an old corner;

Thence,

N 87 15 E

40.76 m to point 33; an old corner;

Thence,

S 35 56 E

28.39 m to point 34;

Thence,

N 00 02 E

77.39 m to point 35;

Thence,

N 22 17 W

456.63 m to point 36;

Thence,

N 83 24 W

37.01 m to point 37;

Thence,

S 66 45 W

80.83 m to point 38;

Thence,

S 55 18 W

276.92 m to point 39;

Thence,

S 48 43 W

70.25 m to point 40;

Thence,

S 76 13 W

393.06 m to point 41;

Thence,

N 69 12 W

101.39 m to point 42;

Thence,

S 26 49 W

224.42 m to point 43;

Thence,

S 65 17 W

129.26 m to point 44;

Thence,

S 82 49 W

127.98 m to point 45;

Thence,

S 03 11 E

311.03 m to point 46;

Thence,

S 40 02 W

93.85 m to point 47;

Thence,

S 61 24 W

351.83 m to point 48;

Thence,

S 35 58 W

240.39 m to point 49;

Thence,

S 18 24 W

154.32 m to point 50;

Thence,

S 45 06 W

37.47 m to point 51; an old corner;

Thence,

N 85 12 W

34.27 m to point 52; an old corner;

Thence,

N 65 50 W

45.67 m to point 53; P.L.S./B.L. on a

rock;
Thence,

N 46 39 W

1,513.80 m to point 54;

Thence,

N 20 08 W

466.66 m to point 55;

Thence,

S 58 21 W

328.30 m to point 56;

Thence,

N 49 44 W

646.11 m to point 57; P.L.S./B.L. on

a rock;

Thence,

N 41 34 E

167.92 m to point 58;

Thence,

N 18 58 E

131.50 m to point 59;

Thence,

N 09 04 W

85.69 m to point 60;

Thence,

N 54 15 E

164.47 m to point 61;

Thence,

N 61 56 W

161.18 m to point 62; P.L.S./B.L.;

Thence,

N 35 16 E

556.61 m to point 63; P.L.S./B.L.;

Thence,

S 84 33 W

141.22 m to point 64; P.L.S./B.L.;

Thence,

S 58 26 W

388.04 m to point 65;

Thence,

N 67 46 W

42.33 m to point 66;

Thence,

N 09 35 E

49.11 m to point 67;

Thence,

N 00 30 W

49.72 m to point 68;

Thence,

N 35 07 E

56.31 m to point 69;

Thence,

N 22 11 E

199.35 m to point 70;

Thence,

N 02 09 E

65.80 m to point 71;

Thence,

N 31 51 E

95.29 m to point 72;

Thence,

N 00 58 W

36.28 m to point 73;

Thence,

N 59 17 W

412.90 m to point 74;

Thence,

N 82 46 W

216.49 m to point 75;

Thence,

N 18 49 E

121.00 m to point 76;

Thence,

N 86 30 W

46.96 m to point 77;

Thence,

S 59 01 W

251.07 m to point 78; intersection;

Thence,

S 40 00 W

102.02 m to point 79;

Thence,

S 50 00 W

142.03 m to point 80;

Thence,

S 63 18 W

156.21 m to point 81;

Thence,

S 79 10 W

47.06 m to point 82;

Thence,

S 54 02 W

165.97 m to point 83;

Thence,

S 09 27 W

83.97 m to point 84;

Thence,

S 14 28 W

215.62 m to point 85;

Thence,

S 03 34 E

353.99 m to point 86;

Thence,

S 52 01 W

280.62 m to point 87;

Thence,

S 26 26 W

194.94 m to point 88;

Thence,

S 14 09 W

38.04 m to point 89;

Thence,

N 13 52 W

35.36 m to point 90;

Thence,

N 17 37 E

430.38 m to point 91;

Thence,

N 05 28 E

323.85 m to point 92;

Thence,

N 18 56 W

75.56 m to point 93;

Thence,

N 03 41 E

133.04 m to point 94 ;

Thence,

N 47 08 E

430.38 m to point 95; B.L. on a

concrete monument;

Thence,

N 31 03 W

6.69 m to point 96;

Thence,

S 78 39 W

335.40 m to point 97; B.L. on a

concrete monument;

Thence,

S 24 54 W

288.30 m to point 98;

Thence,

S 41 23 W

655.76 m to point 99;

Thence,

S 42 55 W

161.60 m to point 100;

Thence,

N 67 40 W

178.90 m to point 101;

Thence,

N 82 04 W

84.26 m to point 102;

Thence,

N 30 12 W

21.27 m to point 103;

Thence,

N 47 23 E

99.14 m to point 104;

Thence,

N 81 03 W

610.92 m to point 105; P.L.S./B.L. on

a rock;

Thence,

N 18 01 E

290.52 m to point 106; P.L.S./B.L. on

a rock;

Thence,

N 60 39 E

1,066.10 m to point 107; a

monument;

Thence,

N 69 40 W

369.00 m to point 108; P.L.S./B.L.;

Thence,

N 48 52 E

480.61 m to point 109; a monument;

Thence,

N 67 52 W

371.08 m to point 110; a monument;

Thence,

N 58 06 E

89.57 m to point 111; P.L.S./B.L.;

Thence,

S 72 25 W

781.45 m to point 112;

Thence,

N 29 39 W

832.51 m to point 113;

Thence,

N 64 57 W

440.33 m to point 114; a monument;

Thence,

N 14 53 W

5289.75 m to point 115; a

monument;

Thence,

S 43 33 W

274.46 m to point 116;

Thence,

N 85 57 W

596.27 m to point 117; a monument;

Thence,

N 79 10 W

39.72 m to point 118;

Thence,

N 45 44 W

106.41 m to point 119; a monument;

Thence,

N 06 22 W

17.95 m to point 120;

Thence,

S 83 53 W

629.50 m to point 121;

Thence,

S 82 52 W

178.78 m to point 122; M.B.M. #12;

Thence,

S 71 45 W

276.41 m to point 123;

Thence,

N 72 33 W

157.83 m to point 124;

Thence,

N 50 31 E

177.10 m to point 125; P.L.S./B.L.;

Thence,

S 87 59 E

275.20 m to point 126;

Thence,

N 28 05 E

321.56 m to point 127; P.L.S./B.L.;

Thence,

N 53 46 E

412.63 m to point 128;

Thence,

N 61 22 E

360.08 m to point 129; P.L.S./B.L. on

a rock;

Thence,

S 74 14 E

435.24 m to point 130;

Thence,

N 54 21 E

407.58 m to point 131;

Thence,

N 86 40 W

494.60 m to point 132; P.L.S./B.L.;

Thence,

S 60 00 W

295.94 m to point 133; P.L.S./B.L. on

a rock;

Thence,

N 16 20 W

328.07 m to point 134;

Thence,

N 16 20 W

347.45 m to point 135; P.L.S./B.L.;

Thence,

N 58 17 E

463.52 m to point 136;

Thence,

N 41 33 E

277.58 m to point 137;

Thence,

N 15 03 E

383.90 m to point 138; P.L.S./B.L.;

Thence,

N 89 26 W

341.78 m to point 139;

Thence,

N 76 17 W

218.04 m to point 140; P.L.S./B.L.;

Thence,

N 88 04 W

154.69 m to point 141; P.L.S./B.L.;

Thence,

S 47 18 W

222.00 m to point 142; P.L.S./B.L. on

a rock;

Thence,

S 15 35 W

122.42 m to point 143; P.L.S./B.L.;

Thence,

N 29 33 W

1,059.37 m to point 144;

Thence,

N 17 48 W

39.99 m to point 145; South of

Najalin River;

Thence,

N 00 43 W

82.18 m to point 146;

Thence,

N 61 17 E

159.24 m to point 147;

Thence,

S 71 05 W

171.91 m to point 148;

Thence,

N 81 58 E

179.76 m to point 149;

Thence,

N 54 14 E

33.76 m to point 150;

Thence,

N 52 34 E

267.29 m to point 151;

Thence,

N 65 26 E

294.80 m to point 152;

Thence,

S 75 55 E

290.31 m to point 153;

Thence,

S 29 06 E

75.65 m to point 154;

Thence,

N 88 26 E

172.74 m to point 155;

Thence,

N 12 59 E

381.95 m to point 156;

Thence,

N 11 40 W

59.33 m to point 157;

Thence,

N 44 41 E

5.19 m to point 158;

Thence,

S 83 12 E

36.24 m to point 159;

Thence,

N 62 30 E

105.59 m to point 160;

Thence,

N 62 07 E

49.17 m to point 161;

Thence,

N 80 35 E

21.51 m to point 162;

Thence,

N 88 20 E

82.34 m to point 163;

Thence,

N 79 35 E

19.78 m to point 164;

Thence,

N 03 45 E

9.32 m to point 165;

Thence,

N 06 24 E

129.80 m to point 166;

Thence,

N 21 24 W

39.08 m to point 167;

Thence,

N 42 02 W

487.60 m to point 168;

Thence,

N 65 20 E

172.12 m to point 169;

Thence,

N 39 33 E

24.97 m to point 170;

Thence,

N 87 50 E

16.61 m to point 171; P.L.S./B.L.;

Thence,

N 30 24 E

383.11 m to point 172;

Thence,

S 63 17 W

156.97 m to point 173; P.L.S./B.L.;

Thence,

N 41 11 W

422.41 m to point 174;

Thence,

N 11 40 W

128.84 m to point 175;

Thence,

S 85 40 W

215.22 m to point 176; P.L.S./B.L.;

Thence,

N 27 46 E

177.88 m to point 177; P.L.S./B.L.;

Thence,

N 67 26 W

110.96 m to point 178;

Thence,

N 40 20 E

274.86 m to point 179;

Thence,

N 45 23 W

59.65 m to point 180;

Thence,

S 49 25 E

67.93 m to point 181;

Thence,

N 62 08 E

78.54 m to point 182; a rock;

Thence,

S 70 32 E

30.30 m to point 183; P.L.S./B.L.;

Thence,

S 50 31 E

112.83 m to point 184;

Thence,

S 82 32 E

102.49 m to point 185; P.L.S./B.L.;

Thence,

S 60 48 E

97.35 m to point 186; a rock;

Thence,

N 45 43 E

179.43 m to point 187;

Thence,

N 81 36 E

67.21 m to point 188;

Thence,

N 72 50 E

212.30 m to point 189; a rock;

Thence,

S 03 43 E

11.57 m to point 190;

Thence,

S 43 36 E

142.76 m to point 191; P.L.S./B.L.;

Thence,

S 76 00 E

409.15 m to point 192; P.L.S./B.L.;

Thence,

S 85 19 E

661.85 m to point 193;

Thence,

S 85 19 E

95.00 m to point 194;

Thence,

S 81 24 E

312.72 m to point 195; P.L.S./B.L.;

Thence,

N 06 18 E

179.93 m to point 196; P.L.S./B.L.;

Thence,

N 38 19 W

482.93 m to point 197;

Thence,

S 21 42 E

387.25 m to point 198;

Thence,

N 82 54 W

706.42 m to point 199;

Thence,

N 27 19 E

320.54 m to point 200;

Thence,

N 27 19 E

220.00 m to point 201;

Thence,

63 16 W

211.33 m to point 202;

Thence,

41 29 W

31.17 m to point 203;

Thence,

53 14 E

298.28 m to point 204;

Thence,

N 62 03

424.43 m to point 205;

Thence,

N 05 12 E

572.38 m to point 206;

Thence,

N 10 17 E

42.99 m to point 207;

Thence,

N 22 25 E

373.82 m to point 208;

Thence,

N 75 47 E

244.19 m to point 209;

Thence,

N 18 33 E

38.03 m to point 210;

Thence,

N 56 48 W

459.05 m to point 211;

Thence,

N 44 55 W

76.51 m to point 212;

Thence,

N 13 12 W

107.36 m to point 213;

Thence,

N 43 30 E

143.37 m to point 214;

Thence,

N 76 53 E

14.59 m to point 215;

Thence,

N 66 29 E

783.04 m to point 216;

Thence,

S 71 26 59

888.69 m to point 217;

Thence,

N 18 30 00.110
W

579.07 m to point 218;

Thence,

N 87 28 58 E

410.05 m to point 219;

Thence,

N 27 37 59 E

1,051.62 m to point 220;

Thence,

S 60 16 01 E

673.44 m to point 221;

Thence,

N 29 08 59 E

751.54 m to point 222;

Thence,

N 60 16 01 W

599.55 m to point 223;

Thence,

S 57 18 06 W

878.88 m to point 224;

Thence,

N 21 23 0 E

53.15 m to point 225;

Thence,

N 26 49 W

53.32 m to point 226;

Thence,

N 81 56 W

141.88 m to point 227;

Thence,

S 82 20 W

65.65 m to point 228;

Thence,

N 80 48 W

32.98 m to point 229;

Thence,

N 68 01 W

74.48 m to point 230;

Thence,

N 48 39 W

99.47 m to point 231;

Thence,

N 40 53 W

97.88 m to point 232;

Thence,

N 73 54 W

52.72 m to point 233;

Thence,

N 16 54 W

18.04 m to point 234;

Thence,

N 06 09 W

79.11 m to point 235;

Thence,

N 25 21 W

71.92 m to point 236;

Thence,

29 51 W

36.05 m to point 237;

Thence,

60 19 W

61.60 m to point 238;

Thence,

N 46 26 W

23.38 m to point 239;

Thence,

N 56 47 W

41.81 m to point 240;

Thence,

N 63 56 W

26.84 m to point 241;

Thence,

N 35 46 W

74.34 m to point 242;

Thence,

N 62 52 W

45.00 m to point 243;

Thence,

N 57 13 W

20.00 m to point 244;

Thence,

S 12 12 W

10.31 m to point 245;

Thence,

S 37 45 W

49.22 m to point 246;

Thence,

S 13 57 W

57.94 m to point 247;

Thence,

S 04 11 E

37.95 m to point 248;

Thence,

N 22 48 W

64.32 m to point 249;

Thence,

N 16 53 W

76.16 m to point 250;

Thence,

N 07 27 W

89.53 m to point 251;

Thence,

S 52 25 W

574.10 m to point 252;

Thence,

N 40 26 W

160.62 m to point 253;

Thence,

N 36 17 E

535.68 m to point 254;

Thence,

S 72 00 W

83.32 m to point 255;

Thence,

N 44 09 W

52.90 m to point 256;

Thence,

S 71 01 W

142.28 m to point 257;

Thence,

N 22 09 W

75.72 m to point 258;

Thence,

N 37 17 W

142.28 m to point 259;

Thence,

S 82 53 W

90.96 m to point 260;

Thence,

N 36 36 W

83.41 m to point 261;

Thence,

N 74 12 W

128.09 m to point 262;

Thence,

N 23 21 W

76.11 m to point 263;

Thence,

N 64 59 W

70.85 m to point 264;

Thence,

N 31 22 W

128.03 m to point 265;

Thence,

N 05 04 W

27.98 m to point 266;

Thence,

N 31 40 W

163.02 m to point 267;

Thence,

N 51 42 W

62.55 m to point 268;

Thence,

N 40 55 W

136.12 m to point 269;

Thence,

N 25 24 E

16.42 m to point 270;

Thence,

N 80 15 W

53.15 m to point 271;

Thence,

S 81 14 W

120.87 m to point 272;

Thence,

N 40 40 W

44.24 m to point 273;

Thence,

N 59 40 W

75.62 m to point 274;

Thence,

S 67 47 W

24.40 m to point 275;

Thence,

N 82 44 W

50.73 m to point 276;

Thence,

N 26 30 W

45.71 m to point 277;

Thence,

N 68 13 W

54.28 m to point 278;

Thence,

S 46 36 W

61.98 m to point 279;

Thence,

S 55 40 W

40.58 m to point 280;

Thence,

S 88 22 W

52.72 m to point 281;

Thence,

N 46 45 W

89.71 m to point 282;

Thence,

S 49 14 W

90.10 m to point 283;

Thence,

N 57 07 W

68.15 m to point 284;

Thence,

S 52 18 W

18.54 m to point 285;

Thence,

S 34 02 W

54.45 m to point 286;

Thence,

S 79 08 W

62.01 m to point 287;

Thence,

N 85 30 W

157.04 m to point 288;

Thence,

N 54 33 W

98.18 m to point 289;

Thence,

S 45 33 W

40.41 m to point 290;

Thence,

S 71 20 W

44.20 m to point 291;

Thence,

N 80 44 W

55.92 m to point 292;

Thence,

N 18 10 E

77.89 m to point 293;

Thence,

N 49 00 E

52.52 m to point 294;

Thence,

N 23 00 E

41.06 m to point 295;

Thence,

N 01 47 W

28.83 m to point 296;

Thence,

N 27 26 W

56.84 m to point 297;

Thence,

N 49 31 W

40.40 m to point 298;

Thence,

N 05 09 W

65.10 m to point 299;

Thence,

N 43 07 W

65.22 m to point 300;

Thence,

N 33 15 W

56.52 m to point 301;

Thence,

N 25 55 W

41.54 m to point 302;

Thence,

S 48 23 W

79.17 m to point 303;

Thence,

S 89 38 W

38.18 m to point 304;

Thence,

N 22 14 W

24.89 m to point 305;

Thence,

N 60 37 E

185.48 m to point 306;

Thence,

S 86 40 E

358.03 m to point 307;

Thence,

N 76 47 E

1,062.80 m to point 308;

Thence,

S 63 25 E

1.492.83 m to point 309;

Thence,

N 11 41 E

305.44 m to point 310;

Thence,

S 34 24 E

33.24 m to point 311;

Thence,

S 55 32 E

84.54 m to point 312;

Thence,

S 16 04 E

40.37 m to point 313;

Thence,

S 46 29 E

81.81 m to point 314;

Thence,

S 60 04 E

92.76 m to point 315;

Thence,

S 06 07 E

71.84 m to point 316;

Thence,

S 07 14 E

131.42 m to point 317;

Thence,

S 49 55 W

56.84 m to point 318;

Thence,

S 17 42 E

88.09 m to point 319;

Thence,

S 34 29 E

123.84 m to point 320;

Thence,

S 64 05 E

187.32 m to point 321;

Thence,

N 75 49 E

221.64 m to point 322;

Thence,

S 75 88 E

29.06 m to point 323;

Thence,

S 75 56 E

75.00 m to point 324;

Thence,

S 73 52 E

99.94 m to point 325;

Thence,

S 14 24 E

82.34 m to point 326;

Thence,

S 25 22 E

68.65 m to point 327;

Thence,

S 23 08 W

45.12 m to point 328;

Thence,

S 53 05 E

75.14 m to point 329;

Thence,

S 69 55 E

89.86 m to point 330;

Thence,

S 84 41 E

152.13 m to point 331;

Thence,

S 40 39 W

206.90 m to point 332;

Thence,

N 59 26 E

224.48 m to point 333;

Thence,

N 54 24 W

110.65 m to point 334;

Thence,

N 29 59 W

168.88 m to point 335;

Thence,

N 57 51 E

40.38 m to point 336;

Thence,

N 13 41 E

33.15 m to point 337;

Thence,

N 01 00 W

26.52 m to point 338;

Thence,

N 15 03 W

16.53 m to point 339;

Thence,

N 24 58 W

10.85 m to point 340;

Thence,

N 24 58 W

10.00 m to point 341;

Thence,

N 02 11 W

47.81 m to point 342;

Thence,

N 12 05 W

36.03 m to point 343;

Thence,

N 42 43 W

42.37 m to point 344;

Thence,

N 28 14 W

45.13 m to point 345;

Thence,

N 50 27 W

46.14 m to point 346;

Thence,

N 18 34 W

27.99 m to point 347;

Thence,

N 23 02 W

23.82 m to point 348;

Thence,

N 52 36 W

17.74 m to point 349;

Thence,

N 72 55 W

27.78 m to point 350;

Thence,

N 36 17 W

30.16 m to point 351;

Thence,

N 55 14 W

62.33 m to point 352;

Thence,

N 15 29 W

25.00 m to point 353;

Thence,

N 27 27 W

47.57 m to point 354;

Thence,

N 53 45 W

88.70 m to point 355;

Thence,

N 05 40 W

46.02 m to point 356;

Thence,

N 51 00 W

46.76 m to point 357;

Thence,

N 12 25 W

77.07 m to point 358;

Thence,

N 41 49 W

30.62 m to point 359;

Thence,

N 15 36 E

44.00 m to point 360;

Thence,

N 23 49 W

79.29 m to point 361;

Thence,

N 33 47 W

48.94 m to point 362;

Thence,

N 15 07 W

57.16 m to point 363;

Thence,

N 16 26 E

42.16 m to point 364;

Thence,

N 25 39 W

47.89 m to point 365;

Thence,

N 42 14 E

37.41 m to point 366;

Thence,

N 00 17 W

21.66 m to point 367;

Thence,

N 47 39 E

31.70 m to point 368;

Thence,

N 88 50 E

13.26 m to point 369;

Thence,

S 78 38 E

303.42 m to point 370;

Thence,

N 46 36 E

185.07 m to point 371;

Thence,

N 49 06 E

163.19 m to point 372;

Thence,

N 73 46 E

34.45 m to point 373;

Thence,

N 25 21 E

147.97 m to point 374;

Thence,

N 19 31 E

394.78 m to point 375;

Thence,

N 67 22 W

466.71 m to point 376;

Thence,

N 87 36 W

141.88 m to point 377;

Thence,

S 75 32 W

18.49 m to point 378;

Thence,

N 32 07 W

81.79 m to point 379;

Thence,

S 78 59 W

47.00 m to point 380;

Thence,

N 44 52 W

37.43 m to point 381;

Thence,

N 23 16 W

58.06 m to point 382;

Thence,

N 38 04 W

65.54 m to point 383;

Thence,

N 60 03 W

46.42 m to point 384;

Thence,

N 30 15 W

19.95 m to point 385;

Thence,

N 29 08 E

35.18 m to point 386;

Thence,

N 10 08 E

41.83 m to point 387;

Thence,

N 58 04 W

39.48 m to point 388;

Thence,

N 59 25 W

32.48 m to point 389;

Thence,

N 82 26 E

382.30 m to point 390;

Thence,

N 82 26 E

242.00 m to point 391;

Thence,

N 38 33 E

866.76 m to point 392;

Thence,

N 64 13 E

29.53 m to point 393;

Thence,

S 46 56 E

45.14 m to point 394;

Thence,

S 07 28 E

64.35 m to point 395;

Thence,

S 11 54 E

85.23 m to point 396;

Thence,

S 45 34 E

85.13 m to point 397;

Thence,

S 36 48 E

235.38 m to point 398;

Thence,

S 83 15 E

66.10 m to point 399;

Thence,

S 11 58 E

75.02 m to point 400;

Thence,

S 48 21 E

57.51 m to point 401;

Thence,

S 76 38 E

211.24 m to point 402;

Thence,

N 60 06 E

228.22 m to point 403;

Thence,

N 53 27 E

93.78 m to point 404;

Thence,

N 30 13 W

35.60 m to point 405;

Thence,

N 04 02 E

246.29 m to point 406;

Thence,

Due West,

117.32 m to point 407;

Thence,

N 22 29 W

90.88 m to point 408;

Thence,

N 00 39 E

43.98 m to point 409;

Thence,

S 07 27 E

183.76 m to point 410;

Thence,

N 65 47 E

15.80 m to point 411;

Thence,

N 51 04 W

29.44 m to point 412;

Thence,

N 14 53 E

100.90 m to point 413;

Thence,

N 33 16 E

145.92 m to point 414;

Thence,

N 14 13 E

60.02 m to point 415;

Thence,

N 36 13 E

114.80 m to point 416;

Thence,

N 22 52 W

195.33 m to point 417;

Thence,

N 21 51 E

136.62 m to point 418;

Thence,

N 72 46 E

52.00 m to point 419;

Thence,

N 13 59 W

2,165.35 m to point 420;

Thence,

N 68 04 E

103.20 m to point 421;

Thence,

S 56 09 E

89.90 m to point 422;

Thence,

S 45 08 E

90.78 m to point 423;

Thence,

S 77 53 E

39.47 m to point 424;

Thence,

N 79 11 E

229.41 m to point 425;

Thence,

N 72 45 E

232.40 m to point 426;

Thence,

N 62 03 E

188.02 m to point 427;

Thence,

N 83 43 E

410.38 m to point 428;

Thence,

N 18 53 W

83.05 m to point 429;

Thence,

N 12 39 E

423.74 m to point 430;

Thence,

S 54 21 E

77.10 m to point 431;

Thence,

N 37 45 E

173.24 m to point 432; A monument

P.L.S./B.L.;

Thence,

S 67 13 E

141.34 m to point 433; A monument

P.L.S./B.L.;

Thence,

S 32 35 E

393.63 m to point 434;

Thence,

S 17 15 E

258.40 m to point 435;

Thence,

S 82 09 E

61.19 m to point 436;

Thence,

N 79 59 E

103.20 m to point 437;

Thence,

N 56 29 E

202.02 m to point 438;

Thence,

S 67 31 E

287.80 m to point 439;

Thence,

S 16 03 E

251.10 m to point 440;

Thence,

S 38 38 E

145.14 m to point 441;

Thence,

N 85 25 E

303.58 m to point 442;

Thence,

S 56 49 E

322.22 m to point 443;

Thence,

N 86 19 E

141.17 m to point 444;

Thence,

N 27 31 E

84.16 m to point 445;

Thence,

N 79 21 E

432.26 m to point 446;

Thence,

S 41 52 E

726.22 m to point 447;

Thence,

S 44 30 E

69.15 m to point 448;

Thence,

S 73 59 E

546.59 m to point 449;

Thence,

S 47 11 E

190.22 m to point 450;

Thence,

S 74 08 E

373.59 m to point 451;

Thence,

N 71 36 E

333.89 m to point 452;

Thence,

S 51 26 E

342.17 m to point 453;

Thence,

S 29 48 E

84.26 m to point 454;

Thence,

S 84 27 E

19.50 m to point 455;

Thence,

S 66 39 E

144.25 m to point 456;

Thence,

S 34 22 E

24.11 m to point 457;

Thence,

S 42 28 E

396.70 m to point 458;

Thence,

S 73 24 E

97.59 m to point 459;

Thence,

N 89 40 E

276.16 m to point 460;

Thence,

S 14 57 E

247.08 m to point 461;

Thence,

S 37 22 W

176.34 m to point 462;

Thence,

S 27 53 W

144.99 m to point 463;

Thence,

N 60 30 E

152.79 m to point 464;

Thence,

N 89 07 E

271.35 m to point 465; P.L.S./B.L. on

a big rock;

Thence,

S 72 22 E

89.07 m to point 466;

Thence,

S 84 00 E

638.13 m to point 467; a monument;

Thence,

N 39 00 E

8.74 m to point 468; A monument;

Thence,

S 45 09 E

149.32 m to point 469;

Thence,

N 04 54 W

312.58 m to point 470;

Thence,

N 49 12 E

31.73 m to point 471; "x" mark on a

rock;

Thence,

N 29 32 E

38.40 m to point 472;

Thence,

N 54 37 E

265.82 m to point 473;

Thence,

S 70 57 E

15.71 m to point 474;

Thence,

S 80 51 E

233.18 m to point 475;

Thence,

S 25 29 E

342.09 m to point 476; A monument;

Thence,

S 44 12 E

368.42 m to point 477; A monument;

Thence,

S 44 35 E

9.69 m to point 478; A monument;

Thence,

S 48 39 E

370.93 m to point 479; A monument;

Thence,

N 63 22 E

645.23 m to point 480;

Thence,

N 72 23 E

225 m to point 481;

Thence,

N 69 17 E

151.20 m to point 482; A monument;

Thence,

S 87 28 E

9.97 m to point 483;

Thence,

N 84 29 E

71.83 m to point 484;

Thence,

S 64 30 E

125.85 m to point 485;

Thence,

S 69 26 W

62.20 m to point 486;

Thence,

S 73 01 E

442.53 m to point 487;

Thence,

S 00 16 W

126.46 m to point 488; A monument;

Thence,

S 35 51 W

58.20 m to point 489;

Thence,

S 17 27 W

319.46 m to point 490;

Thence,

S 32 41 E

77.60 m to point 491;

Thence,

S 57 36 E

234.27 m to point 492;

Thence,

N 81 30 E

89.61 m to point 493;

Thence,

S 89 01 E

202.15 m to point 494; P.L.S./B.L. on

a big rock;

Thence,

S 81 33 E

257.16 m to point 495;

Thence,

S 30 35 E

199.29 m to point 496; A monument;

Thence,

S 38 02 E

221.79 m to point 497;

Thence,

S 84 32 E

108.44 m to point 498;

Thence,

S 78 52 E

147.21 m to point 499;

Thence,

S 47 56 E

121.53 m to point 500;

Thence,

S 28 03 E

113.21 m to point 501;

Thence,

S 66 00 E

344.84 m to point 502;

Thence,

S 66 56 E

121.55 m to point 503;

Thence,

S 09 32 E

92.35 m to point 504; A monument

M.C./F.Z. No. 2;

Thence,

S 87 33 W

97.00 m to point 505;

Thence,

S 87 33 W

1,858.22 m to point 506; A

monument M.C./F.Z. No. 3;

Thence,

S 00 31 W

6,149.50 m to point 507; A

monument M.C./F.Z. No. 4;

Thence,

S 34 32 W

48.98 m to point 508; A point along

Lairanan River;

Thence,

Due West
upstream

620.00 m to point 509; Of Lairanan

River;

Thence,

Due West
upstream

1,000.00 m to point 510; Of Lairanan

River;

Thence,

S 11 00 E

300.00 m to point 511;

Thence,

S 11 00 W

238.00 m to point 512;

Thence,

S 08 00 W

450.00 m to point 513;

Thence,

S 30 00 W

350.00 m to point 514;

Thence,

S 26 08 W

238.00 m to point 515;

Thence,

Southwest
upstream

425.00 m to point 516; Of Magalao

Creek

Thence,

S 67 00 E

600.00 m to point 517;

Thence,

S 30 00 W

938.00 m to point 518;

Thence,

S 76 00 W

275 m to point 519;

Thence,

S 20 00 W

350.00 m to point 520;

Thence,

S 02 00 E

600.00 m to point 521;

Thence,

S 43 00 W

370.00 m to point 522;

Thence,

S 21 00 W

500.00 m to point 523;

Thence,

S 33 00 W

400.00 m to point 524;

Thence,

S 14 00 W

550.00 m to point 525;

Thence,

S 34 00 E

138.00 m to point 526;

Thence,

N 63 43 W

115.41 m to point 527;

Thence,

N 61 25 W

197.81 m to point 528;

Thence,

N 60 08 W

68.27 m to point 529;

Thence,

N 44 50 W

119.40 m to point 530;

Thence,

S 69 26 W

78.88 m to point 531;

Thence,

N 74 47 W

71.81 m to point 532;

Thence,

S 67 00 E

50.90 m to point 533;

Thence,

N 60 48 W

121.49 m to point 534;

Thence,

N 68 04 W

110.36 m to point 535;

Thence,

N 22 22 W

71.58 m to point 536;

Thence,

S 86 59 W

24.88 m to point 537;

Thence,

S 18 33 W

874.54 m to point 538;

Thence,

S 36 15 W

13.90 m to point 539; A creek;

Thence,

S 41 24 E

50.35 m to point 540; A creek;

Thence,

S 31 21 E

45.57 m to point 541; A creek;

Thence,

S 12 56 E

33 m to point 542; A creek;

Thence,

S 22 20 E

61.90 m to point 543; A creek;

Thence,

S 54 56 E

19.52 m to point 544; A creek;

Thence,

S 05 57 W

45.79 m to point 545; A creek;

Thence,

S 02 32 W

30.60 m to point 546; A creek;

Thence,

S 18 09 E

22.23 m to point 547; A creek;

Thence,

S 21 39 W

34.61 m to point 548;

Thence,

S 42 03 E

35.97 m to point 549;

Thence,

S 33 45 E

57.38 m to point 550;

Thence,

S 15 16 W

20.89 m to point 551;

Thence,

S 42 26 E

52.11 m to point 552;

Thence,

S 57 45 E

152.90 m to point 553;

Thence,

N 49 48 E

57.00 m to point 554;

Thence,

N 64 05 E

54.45 m to point 555;

Thence,

S 25 32 E

80.56 m to point 556;

Thence,

S 57 48 E

61.10 m to point 557;

Thence,

S 55 11 E

63.91 m to point 558;

Thence,

S 64 21 W

1,251.09 m to point 559; M.C./F.Z.;

Thence,

S 30 37 W

2,933.47 m to point 560; M.C./F.Z.

No. 8;

Thence,

S 36 59 E

1,322.30 m to point 561;

Thence,
S 61 35 W
3,380.85 m to point 1, the point
of beginning at plan NP or P.B.M. No. 4 between Negros Occidental and Negros
Orriental recorded in Pontevedra Cadastre No. 60, B.L. Case No. 2, Negros Orriental,
containing an approximate total land area of 24,388 hectares.chanroblesvirtuallawlibrary
Sec. 5. Establishment of a Buffer Zone. - An area for the exploration development and
utilization of geothermal energy resources as well as other exploration activities is
hereby established as the buffer zone with the following technical description:
Beginning at a point marked "1" on plan, being S 6624'43.616"E, 2591.09 meters from
PBM no 29, Bago City;
Thence,
N 00 10 00.061 E 256.43 meters to point 2;
Thence,

S 87 26 00.162 E 515.04 meters to point 3;

Thence,

N 17 09 59.953
W

Thence,

N 21 05 00.265 E 263.15 meters to point 5;

Thence,

N 65 20 59.849
W

Thence,

N 48 20 59.842 E 57.37 meters to point 7;

Thence,

N 33 07 00.409 E 240.19 meters to point 8;

Thence,

S 21 32 59.909 E 173.62 meters to point 9;

177.00 meters to point 4;

392.21 meters to point 6;

Thence,

N 56 38 59.926 E 157.30 meters to point 10;

Thence,

N 32 51 59.773
W

Thence,

N 71 59 59.632 E 100.00 meters to point 12;

Thence,

N 71 20 00.116 E 243.76 meters to point 13;

Thence,

N 13 36 59.826
W

Thence,

N 58 32 52.757 E 9.68 meters to point 15;

Thence,

S 88 55 58.078 E 47.57 meters to point 16;

Thence,

S 75 03 03.400 E 35.99 meters to point 17;

Thence,

S 63 08 01.688 E 63.90 meters to point 18;

Thence,

N 80 52 00.810 E 137.48 meters to point 19;

Thence,

N 73 59 00.477 E 92.71 meters to point 20;

Thence,

N 36 49 58.981 E 56.60 meters to point 21;

Thence,

N 21 22 59.083 E 17.32 meters to point 22;

Thence,

N 57 18 05.766 E 878.88 meters to point 23;

Thence,

S 60 51 00.585 E 599.55 meters to point 24;

Thence,

S 29 08 58.590
W

751.54 meters to point 25;

Thence,

N 60 16 00.976
W

673.44 meters to point 26;

Thence,

S 27 37 59.013
W

1,051.62 meters to point 27;

Thence,

S 87 28 57.536
W

410.05 meters to point 28;

Thence,

S 18 30 00.110 E 579.07 meters to point 29;

Thence,

52.80 meters to point 11;

156.11 meters to point 14;

N 71 26 59.347
888.69 meters to point of
W
beginning;
Containing an area of one hundred sixty-nine (169) hectares, more or
less.chanroblesvirtuallawlibrary
Any geothermal exploration for or development of energy or mineral resources within
the MKNP shall not be allowed except by an Act of Congress. Moreover, permits for
geothermal activities shall be pursuant to relevant forestry and environmental
regulations: Provided, That areas within the buffer zone which shall not be used directly

for the development and utilization of geothermal energy shall remain under the control
and jurisdiction of the PAMB.
The proponent of the geothermal project shall contribute to the Integrated Protected Are
Fund (IPAF) to be established by the DENR pursuant to the NIPAS Act and pertinent
DENR rules and regulations. Moreover, the PAMB of the MKNP shall be represented in
the multi-partite environmental monitoring committee for the geothermal operation
undertaken within the buffer zone subject to Presidential Decree No. 1586 or the
Environmental Impact Statement System, DENR Administrative Order 96-37, Series of
1996 (Strengthening the Implementation of the Environmental Impact Statement
System), and pertinent DENR rules and regulations.
ARTICLE II
MANAGEMENT, MANAGEMENT PLAN, AND ZONING
Sec. 6. Management of the MKNP. - The management and administration of the MKNP
shall be vested with the PAMB: Provided, That the management of zones to be
established within the MKNP shall be consultative and participatory.chanrobles virtualaw
library
Sec. 7. Local Government Units. - Local government units shall participate in the
management of the MKNP through representation in the PAMB. To allow the integration
of the objectives of the MKNP with the development plans for the Island of Negros, the
local government units shall ensure that local ordinances relating to the environment
including the allocation of funds for environmental programs are consistent with this Act
and the Management Plan as herein provided.chanrobles virtualaw library
Sec. 8. Management Plan. - In order to achieve the objectives of this Act, there shall be
a Management Plan which shall provide a long-term basic framework on the
management of the MKNP, govern all activities within the MKNP, and serve as guide in
the preparation of its annual operations and budget. The Management Plan shall
identify the allowed uses for each zone. For specialized uses such as academic and
scientific purposes, consultations shall be conducted by a committee of four (4) PAMB
representatives and four (4) representatives from concerned LGUs: Provided, That the
PAMB representatives shall not come from any of the involved LGUs. The Management
Plan shall be consistent with the nature of the MKNP as a protected area under the
category of a natural park.
Within one (1) year from the effectivity of this Act, the PASu shall prepare the
Management Plan in accordance with the General Management Planning Strategy as
provided for in the NIPAS Act in coordination with the appropriate officers of the DENR,
local communities, and experts who may offer their services. It shall contain, among
others, the following:
(a) A period of applicability for thirty (30) years subject to periodic review every five (5)
years;cralaw
(b) Key management issues;cralaw
(c) Goals and objectives of management in support of Sec. 2 hereof;cralaw
(d) Site management strategies;cralaw
(e) Zoning in accordance with Sec. 9 hereof;cralaw
(f) Management programs to include enforcement of laws, habitat and wildlife
management, ecotourism, sustainable use management, infrastructure development
and maintenance, fire prevention and pest control;cralaw

(g) Mechanisms for protection of ICCs/IPs and tenured migrants in the exercise of their
rights;cralaw
(h) Sustainable and non-destructive livelihood activities;cralaw
(i) Regulations in furtherance of the preservation and conservation objectives of the
MKNP as a protected area such as the issuance of permits, resource-use restrictions,
among others;chanroblesvirtuallawlibrary
The Management Plan shall be reviewed and adopted by the PAMB and certified to by
the DENR Secretary that it conforms to all laws, rules and regulations issued by the
DENR. The Management Plan shall not be revised nor modified without prior
consultation with the PAMB and must be in accordance with the procedure herein set
forth.
The Management Plan shall be periodically reviewed and shall be updated every five
(5) years pursuant to the NIPAS Act.
A year before the expiration of the current Management Plan, the PASu shall cause the
publication of notices for comments and suggestions on the successor plan in a
newspaper of local circulation and the posting of such notices in the provincial,
municipal and barangay halls of the local government units comprising the MKNP, and
in three (3) other conspicuous areas frequented by the public within the MKNP. Two
public hearings on the same calendar year shall be conducted on the successor plan.
The proposed Management Plan shall be made available for public perusal at the Office
of the PASu.
The Management Plan shall be prepared in English, Tagalog, Ilonggo, and Cebuano,
plainly written, and available for public persual at the office of the PASu.chanrobles
virtualaw library
Sec. 9. Zoning. - Zones shall be established within the MKNP giving primary
consideration to its protection and conservation. Zoning shall also take into account the
tenurial and livelihood concerns of communities to ensure the efficient protection of
habitats, fragile ecosystems, and unique areas.
The establishment and management of zones must involve the community concerned
by undertaking such steps as dialogue consultations, and land and resource-use
mapping with thee aid of Geographic Information System (GIS) and the latest
technologies. Zones shall be demarcated on the ground and indicated on maps with the
participation of communities, local government units, and other stockholders.
ARTICLE III
INSTITUTIONAL MECHANISMS, ROLES, AND FUNCTIONS OF MANAGEMENT
Sec. 10. Institutional Mechanisms. - (A) The PAMB shall be the policymaking body of
the MKNP. It shall be composed of:
(1) The Regional Executive Directors (RED) of DENR Regions VI and VII, with the RED
of Region VI as PAMB chair;cralaw
(2) The Governors of Negros Occidental and Negros Oriental, or their respective duly
authorized regular representatives;cralaw
(3) The mayors of municipalities and cities with territory within the MKNP, or their
respective duly authorized regular representatives;cralaw
(4) All barangay captains of barangays with territory within MKNP, or their respective
duly authorized regular representatives;cralaw

(5) Three (3) representatives from NGOs based in Negros Occidental which are
accredited with the DENR and the LGU and with tangible projects at the time of their
membership in the PAMB;cralaw
(6) A PO representative chosen from among themselves for each municipality and city
with territory within the MKNP: Provided, That the POs are accredited with the DENR
and the LGU and with tangible projects at the time of their membership in the
PAMB;cralaw
(7) The Provincial Planning and Development Officers (PPDO) of Negros Occidental
and Negros Oriental;cralaw
(8) An ICC/IP representative for each tribal community within the MKNP; and
(9) A duly authorized representative with environmental expertise of the Philippine
National Oil Company Energy Development Corporation (PNOC
EDC).chanroblesvirtuallawlibrary
(B) There shall be an Executive Committee (Execom) within the PAMB to whom the
PAMB may delegate some of its powers and functions. It shall be composed of:
(1) The RED or DENR Region VI as chairman;cralaw
(2) The Governors of Negros Occidental and Negros Oriental, or their respective duly
authorized, regular representatives;cralaw
(3) Two (2) mayor representatives, to be chosen from among themselves, or their
respective duly authorized, regular representatives;cralaw
(4) Two (2) barangay captain representatives, one each from Negros Occidental and
Negros Oriental, to be chosen from among themselves; or their respective authorized,
regular representatives;cralaw
(5) One (1) from the NGO representatives;cralaw
(6) One (1) from the PO representatives;cralaw
(7) One (1) from the ICC/IP representatives; and
(8) One (1) from the PNOC EDC.chanroblesvirtuallawlibrary
(C) Except for government officials who shall serve ex officio, every PAMB member
shall serve for a term of five (5) years: Provided, That he/she remains connected with
the sector he/she is supposed to represent: Provided, further, That the term of office of
an NGO/PO representative in the PAMB shall be conterminous with the duration or
existence of the organization's projects within the MKNP. Whenever a vacancy occurs
during the term of a nongovernment PAMB member, a new member shall be chosen in
the same manner as the original selection process: Provided, That he/she shall only
serve for the remaining term.
(D) The PAMB en banc shall hold regular meetings at least once a year. The PAMB
Execom shall hold regular meetings at least once every trimester. Special meetings may
be called upon proper notice as the need arises.
(E) PAMB members shall be entitled to reimbursement of actual travelling expenses
incurred in attending the meetings of the PAMB or its committees subject to existing
accounting and budgeting rules and regulations. These expenses shall be included in
the MKNP budget.chanroblesvirtuallawlibrary
Sec. 11. Functions of the PAMB. - The PAMB shall decide by a majority vote and shall
have the following powers and functions:
(a) Issue all rules and regulations to prohibit and regulate acts that may be prejudicial to
the MKNP pursuant to the policy declarations herein set forth;cralaw

(b) Issue all necessary permits within the MKNP in accordance with the Management
Plan and pertinent laws and DENR forestry and environmental rules and
regulations;cralaw
(c) Recommend to the DENR Secretary the criteria on fees for the issuance of permits
for activities regulated by this Act or the Management Plan;cralaw
(d) Evaluate and approve project or program proposals to be implemented within the
MKNP;cralaw
(e) Adopt rules of procedures for the conduct of business, including the creation of
committees to whom its powers may be delegated;cralaw
(f) Approve the Management Plan and oversee the Office of the PASu;cralaw
(g) Deputize though the PASu, interested individuals for the enforcement of the laws,
rules and regulations governing conduct within the MKNP and prescribe the necessary
qualifications therefor;cralaw
(h) Accept donations, approve proposals for funding, budget allocations and exercise
accountability over all funds that may accrue to the MKNP;cralaw
(i) Coordinate with appropriate agencies of the government, such as the regulation of
flight patterns of aircraft going over the area in terms of altitudinal limits and emissions;
and
(j) Retain legal counsel, either on a permanent or temporary basis, to defend cases
against the PAMB, the PASu staff and deputized individuals whenever they are used in
connection with the performance of their duties under this Act, and to assist in other
PAMB legal matters.chanroblesvirtuallawlibrary
The DENR, through the RED of Region VI, shall ensure that the PAMB acts within the
scope of its powers and functions. In case of conflict between administrative orders
issued by the DENR pursuant to the NIPAS Act and the rules and regulations or
resolutions issued by the PAMB, the DENR Secretary shall decide whether to apply the
rule or withdraw its application from the MKNP.chanrobles virtualaw library
Sec. 12. The Office of the PASu. - There shall be an Office of the Protected Areas
Superintendent within the DENR to be headed by the PASu who shall serve as the
Chief Operating Officer of the MKNP. The PASu shall possess the qualifications
required for appointment to the position of Provincial Environment and Natural
Resources Officer (PENRO) in the DENR. The PASu shall be directly accountable to the
PAMB and the RED of Region VI. The PASu shall have the following powers and
functions:
(a) Prepare the Management Plan as herein provided;cralaw
(b) Serve as head of the Secretariat for the PAMB with the duty to provide the PAMB
with all the information necessary for it to make appropriate decisions;cralaw
(c) Hire and supervise the necessary personnel to support operations which shall be
included in the annual budget of the DENR;cralaw
(d) Establish a productive partnership with the local community, including groups
interested in the achievement of the goals and objectives of the MKNP, and in the
planning, protection and management thereof;cralaw
(e) Develop and implement a park information, education and visitor programs;cralaw
(f) Enforce laws, rules and regulations relevant to the MKNP and assist in the
prosecution of offenses;cralaw
(g) Monitor all activities within the MKNP for conformity with the Management Plan; and

(h) Perform such other functions as the PAMB may assign.

ARTICLE IV
ANCESTRAL LANDS/DOMAINS AND TENURED MIGRANTS
Sec. 13. Ancestral Lands and Domains. - The rights of ICCs/IPs in the MKNP to their
ancestral lands and domains shall be recognized subject to existing and prior property
rights. Traditional property regimes exercised by ICCs/IPs in accordance with their
customary laws shall govern the relationship of all individuals within their communities
with respect to all land and other resources found within their ancestral lands and
domains.
The provisions of this Act shall be construed liberally in favor of the ICCs/IPs in
accordance with the preservation and conservation objectives of the MKNP. Nothing
herein shall be construed to impair, diminish or derogate any prior or existing right
currently enjoyed by ICCs/IPs under existing laws.chanrobles virtualaw library
Sec. 14. Tenured Migrants and Transient Farmers. - Tenured migrants are those
members of households that have actually and continuously occupied by MKNP since
June 1, 1987 and are solely dependent on the MKNP for their livelihood. For purposes
of official documentation of rights and extent of occupation within the MKNP, the tenured
migrant household shall be issued a tenurial instrument over such areas as have been
occupied or cultivated but not to exceed a maximum of three (3) hectares. If despite
consideration paid to current practices, areas occupied by tenured migrants are
designated as zones in which no occupation or other activities are allowed, provisions
for their transfer to multiple-use zones shall be accomplished using humanitarian
considerations.
To effectivity provide a social fence to prevent encroachment into the MKNP, the tenurial
instruments to be issued pursuant to this Act must be community-based, limited solely
to multiple-use zones, promote clustering, and comply with the zoning and Management
Plans, as provided herein.
In no case shall the tenurial instruments or the rights and interests therein be
transferred, sold, leased, encumbered, or made as a collateral, security or joint venture
capital, otherwise it shall be void: Provided, That said rights can only be transferred to
direct descendants.
Any violation of the terms and conditions of the tenurial instruments or any provision of
this Act or abandonment by a tenured migrant shall constitute sufficient ground for he
revocation of his/her tenurial right.
Upon cancellation of a tenured migrant instrument for cause or by voluntary surrender
of rights, the PASu shall take immediate steps to rehabilitate the area in order to return
it to its natural state prior to the cultivation or other act by the tenured migrant.
Occupants who do not qualify as tenured migrants but have been occupying areas of
the park prior to the enactment of this Act shall be relocated to the multiple-use areas or
available alienable and disposable (A and D) lands of the public domain that are
proximal to their original abode. Occupants who shall be relocated within the multipleuse zones shall quality for usufruct use while those relocated to A and D areas may
apply for ownership titles. Park occupants shall be given priority in the government's
relocation programs.
ARTICLE V
PROHIBITED ACTS

Sec. 15. Prohibited Acts. - The following shall be the prohibitions and penalties
applicable within the MKNP:
(A) A fine of not less than Five thousand pesos (P5,000.00) but not more than Five
hundred thousand pesos (P500,000.00) and imprisonment of not less than six (6) years
and one (1) day but not more than twelve (12) years shall be imposed upon any person
who:
(1) Hunts, collects, destroys, traps, disturbs or possesses anywhere within the MKNP
any wild plant or animal or product derived therefrom without prior PAMB permit.
(2) Possesses without a permit from PAMB any wild plant or animal or product derived
therefrom outside the MKNP or any zone of MKNP where the specie is not endemic.
(3) Cuts, gathers, collects or removes timber or other forest products as well as
undertakes any activity not compatible with the use of the respective zones within the
MKNP without prior PAMB permit: Provided, That any permit issued shall be valid for
only (1) month from the date of issue either to tenured migrants within sustainable
monitored and controlled quotas or for scientific purposes necessary for protected area
management in accordance with existing guidelines, and outside the strict protection
zones.
(4) Establishes or introduces exotic species within the MKNP with allelopathic effect or
those detrimental to endemic species, or without prior PAMB permit.
(5) Engages in kaingin or in any activity that causes forest fire inside the
MKNP.chanroblesvirtuallawlibrary
(B) A fine of not less than Five thousand pesos (P5,000.00) but not more than Two
hundred fifty thousand pesos (P250,000.00) and/or imprisonment of not less than six (6)
months but no more than six (6) years and the restoration and rehabilitation of the
damage shall be imposed upon any person who:
(1) Violates the Management Plan, or any resolution issued by the PAMB.
(2) Vandalizes, mutilates, transports, destroys, excavates, or in any manner intentionally
damages any natural formation or object of natural beauty inside the MKNP, or the
burial or religious sites including artifacts and other objects belonging to ICCs/IPs.
(3) Dumps, burns or otherwise disposes of any substance deleterious to the ecosystem,
plants and animals, or human inhabitants in the protected area or committing the same
in buffer and multiple use areas without appropriate authority or permit.
(4) Uses or possesses a motorized equipment anywhere within the Strict Protection
Zone of the MKNP without a prior permit from the PAMB.
(5) Uses or possesses chainsaws and band saws without prior PAMB permit; Provided,
That permits may only be issued for multiple-use zones.
(6) Grazing or raising of poultry and other livestock for commercial purpose within the
MKNP: Provided, that existing grazing or poultry and other livestock farms within the
MKNP shall be phased out within five (5) years.
(7) Damaging or leaving roads and trails in damaged condition.
(8) Occupies any portion of land inside the MKNP without a prior PAMB permit.
Clearing, construction of residence or any introduction of improvements shall constitute
prima facie evidence of occupation or settlement.
(9) Altering, removing, destroying or defacing boundaries, marks or signs.
(10) Constructs and maintains a building, edifice or any kind of structure or conducts
any business enterprise within the MKNP without prior PAMB permit.

(11) Enters he MKNP without prior PAMB permit for purposes of trekking, mountain
climbing, camping, spelunking, and the like.
(12) Conducts bioprospecting within the MKNP without prior PAMB permit in violation of
existing guidelines.
(13) Engages in treasure hunting within the MKNP.chanroblesvirtuallawlibrary
(C) A fine of not less than One hundred thousand pesos (P100,000.00) but not more
than Five hundred thousand pesos (P500,000.00) and/or imprisonment of not less than
six (6) months but not more than six (6) years shall be imposed upon any public officer,
or officer of law, who, in dereliction of the duties of his office shall maliciously refrain
from instituting prosecution for the punishment of violators of the law, or shall tolerate
the commission of offenses. Conviction of this offense shall also carry the penalty of
perpetual disqualification from public office.
(D) Any provision to the contrary notwithstanding, the commission of any unlawful act
enumerated under Sec. 15(A) herein shall carry the penalty of imprisonment of not less
than twelve (12) years and one (1) day but not more than twenty (20) years and a fine
or not less than Five hundred thousand pesos (P500,000.00) to One million pesos
(P1,000,000.00) in addition to the accessory penalties provided in the immediately
succeeding paragraph, in case the species involved is a protected species as defined
herein. Furthermore any citizen may institute the necessary charge against the offender
for commission of the acts enumerated under Sec. 15(A) involving protected species.
(E) A conviction under this Sec. shall likewise carry the penalty of eviction from the
MKNP, payment of damages for rehabilitation and restoration, and the forfeiture of all
equipment, device weapon/s used in the commission of the offense as well as the
protected area resources caught in the possession of the accused. In case the offender
is not a citizen of the Philippines, he/she shall be immediately deported to his/her
country of origin after service of his/her sentence. If the offender is an association or
corporation, the president or manager shall be directly responsible for the act of his/her
employees and laborers.
(F) The PASu or his/her duly deputized personnel may arrest even without a warrant
any person who has committed or is committing in his/her presence any of the offenses
defined in this Sec. . He/she may also seize and confiscate in favor of the Government,
the tools and equipment used in committing the offense and the resources caught in the
possession of the offender and file the necessary charges therefor: Provided, That the
DENR may impose administrative fines and penalties in accordance with law.
(G) In case of conviction, the penalty consisting of fines and damages shall directly
accrue to the IPAF as provided therein.chanroblesvirtuallawlibrary
Sec. 16. Special Prosecutors. - Within thirty (30) days from the effectivity of this Act, the
Department of Justice shall designate a special prosecutor to whom all cases of
violation of laws, rules and regulations in the MKNP shall be assigned. Such special
prosecutor shall coordinate with the PAMB and the PASu in the performance of his/her
duties and assist in the training of wardens and rangers in arrest and criminal
procedure.
ARTICLE VI
PROCEEDS AND FEES
Sec. 17. Integrated Protected Areas Fund. - There is hereby established a trust fund to
be known as the Integrated Protected Areas Fund (IPAF) for purposes of financing

projects of the system. All incomes generated from the operation of the system or
management of wild flora and fauna in the MKNP shall accrue to the Fund. These
income shall be derived from proceeds from fees from permitted sale and export of flora
and fauna and other resources from the protected area and its buffer zones other than
protected species as may be set by the DENR and the PAMB, proceeds from lease of
multiple-use areas, contributions from industries and facilities directly benefiting from
the protected area and such other fees and incomes derived from the operation of the
protected area.
The Fund may be augmented by grants, donations, endowments from various sources,
domestic or foreign for purposes related to their functions: Provided, That the Fund shall
be deposited as a special account in the national treasury and disbursements therefrom
shall be made solely for the protection, maintenance administration, and management
of the system, and duly approved projects endorsed by the PAMB in accordance with
existing accounting and budgeting rules and regulations; Provided, further, That no
amount shall be disbursed for the operating expenses of the Department and other
concerned agencies.
Current sources of revenue of the local government units shall excluded from the IPAF.
The PAMB shall have the power to disburse the IPAF. Twenty-five per cent (25%) of the
IPAF shall be for the use of the national government for the support of the National
Integrated Protected Areas System: Provided, That twenty-five per cent (25%) thereof
shall be allocated to the local government units comprising the MKNP.
ARTICLE VII
EXISTING FACILITIES
Sec. 18. Existing Facilities within the MKNP. - Within ninety (90) days from the effectivity
of this Act, all commercial facilities existing within the boundaries of the MKNP with a
total capitalization of not less than One hundred thousand pesos (P100,000.00) shall
submit to the PAMB through the PASu a sworn statement containing the following
information:
(a) Potential for disbursement of protected species and other habitats, reproductive
cycles, nesting and feeding grounds and migratory paths;cralaw
(b) Noise levels at all stages of operation;cralaw
(c) Emissions and effluent at all stages of operation;cralaw
(d) Energy requirements and sources of energy;cralaw
(e) Water supply requirements and sources of water;cralaw
(f) Volume of resources extracted from the MKNP;cralaw
(g) Future plans for the next five (5) years.chanroblesvirtuallawlibrary
Based on these submissions, the PAMB, with the assistance of the DENR, shall
determine whether the existence of such facility and its future plan and operation will be
detrimental to the MKNP.
Failure to submit the required information shall constitute a violation of this Act and
subject to the penalties imposed under Sec. 15(B) hereof. The PAMB may prescribe
further conditions for the operation of the facility to ensure that it does not contradict the
management objectives of the MKNP. Without prejudice to the filing of the necessary
case under Sec. 15(B) hereof, if any of such conditions is violated, an administrative
fine of Five thousand pesos (P5,000.00) for every day of violation shall be imposed
upon the owners of said facility but not to exceed a total of Five hundred thousand

pesos (P500,000.00). At anytime whenever necessary, the PAMB, through the PASu or
other government entities, shall cause the cessation and demolition of the facility at the
cost of its owners.
Existing facilities that rely heavily on resources within the MKNP which are allowed to
remain within the MKNP may be charged reasonable fees or subject to reasonable
conditions by the PAMB. All incomes derived from such fees shall accrue to the IPAF.
ARTICLE VIII
UTILIZATION OF RESOURCES
Sec. 19. Utilization of Resources. - Except for protected species or whenever
detrimental to the ecosystem, use of resources derived from the MKNP by tenured
migrants and ICCs/IPs for their domestic needs or for their subsistence shall not be
restricted.
Livelihood activities requiring the use of resources derived from the MKNP shall be
allowed only when sustainable consistent with the Management Plan and only upon
prior PAMB approval. Only non-timber products can be used for livelihood purposes.
No exploration, exploitation or utilization of non-renewable resources within the MKNP
for commercial purposes or by non-tenured migrants or non-ICCs/IPs shall be allowed.
Commercial utilization of resources by tenured migrants and ICCs/IPs shall be allowed
only upon prior PAMB approval and in accordance with the Management Plan.
Commercial exploitation of water resources within the MKNP shall require prior PAMB
approval, must be in accordance with the Management Plan and should undergo the
Environmental Impact Statement (EIS) System.
ARTICLE X
TRANSITORY AND MISCELLANEOUS PROVISIONS
Sec. 20. Appropriations. - The Secretary of the DENR shall include in its program the
implementation to this Act, the funding of which shall be charged against the Integrated
Protected Areas Fund authorized under Sec. 17 hereof and from the appropriations
authorized under the annual General Appropriations Act.chanrobles virtualaw library
Sec. 21. Construction. - The provisions of this Act shall be construed liberally in favor of
tenured migrants and ICCs/IPs and with due consideration to the protection of
biodiversity. The NIPAS Act shall be suppletory in the implementation of this
Act.chanrobles virtualaw library
Sec. 22. Separability Clause. - If any part or section of this Act is declared
unconstitutional, such declaration shall not affect the other parts or sections
hereof.chanrobles virtualaw library
Sec. 23. Transitory Provisions. - Pending the organization of a new PAMB in
accordance with this Act, the incumbent PAMB members shall continue to hold office
until the new PAMB has been convened within three (3) months from the effectivity of
this Act. The current staff comprising the PASu Office shall be retained in the Office of
the PASu created herein.
Within three (3) months from the effectivity of this Act, the DENR in coordination with the
PAMB, the Committee on Natural Resources of the House of Representatives, the
Senate Committee on Environment and Natural Resources, and the concerned district
representatives or their representatives shall undertake the preparation of the
Implementing Rules and Regulations of this Act.chanrobles virtualaw library

Sec. 24. Repealing Clause. - All laws, proclamations, rules and regulations inconsistent
with this Act are hereby repealed or modified accordingly.chanrobles virtualaw library
Sec. 25. Effectivity Clause. - This Act shall be translated in English, Filipino, Cebuano,
and Ilonggo and shall be published once every week for three (3) executive weeks in a
newspaper of general circulation which is readily available in the areas in and around
the MKNP. This Act shall likewise be simultaneously posted in the appropriate language
in a conspicuous place in the provincial, municipal and barangay halls within the area as
well as in three (3) other places frequented by the public. Fifteen (15) days after the last
publication and posting, this Act shall have full force and effect.
Approved:
(Sgd)
AQUILINO Q. PIMENTEL JR.
President of the Senate

(Sgd)
FELICIANO BELMONTE JR.
Speaker of the House of
Representatives

This Act which is a consolidation of House Bill No. 12880 and Senate Bill No.
2248 was finally passed by the House of Representatives and the Senate on
June 6, 2001.
(Sgd)
(Sgd)
ROBERTO P. NAZARENO
LUTGARDO B. BARBO
Secretary General House of
Secretary of the Senate
Representatives
Approved:
(Sgd)
GLORIA MACAPAGAL-ARROYO
President of the Philippines

Congress of the Philippines

Eleventh Congress
REPUBLIC ACT NO. 9147
July 30, 2001
AN ACT PROVIDING FOR THE CONSERVATION AND PROTECTION OF WILDLIFE
RESOURCES AND THEIR HABITATS, APPROPRIATING FUNDS THEREFOR AND
FOR OTHER PURPOSES
Be it enacted by the Senate and the House of Representatives of the Philippines in
Congress assembled:
CHAPTER I
GENERAL PROVISIONS
Section 1. Title. This act shall be known as the "Wildlife Resources Conservation and
Protection Act."
Sec. 2. Declaration of Policy. It shall be the policy of the State to conserve the country's
wildlife resources and their habitats for sustainability. In the pursuit of this policy, this Act
shall have the following objectives:
(a) to conserve and protect wildlife species and their habitats to promote ecological
balance and enhance biological diversity;cralaw
(b) to regulate the collection and trade of wildlife;cralaw
(c) to pursue, with due regard to the national interest, the Philippine commitment to
international conventions, protection of wildlife and their habitats; and
(d) to initiate or support scientific studies on the conservation of biological
diversity.chanrobles virtualaw library
Sec. 3. Scope of Application. The provisions of this Act shall be enforceable for all
wildlife species found in all areas of the country, including protected areas under
Republic Act No. 7586, otherwise known as the National Integrated Protected Areas
System (NIPAS) Act, and critical habitats. This Act shall also apply to exotic species
which are subject to trade, are cultured, maintained and/or bred in captivity or
propagated in the country.chanrobles virtualaw library
Sec. 4. Jurisdiction of the Department of Environment and Natural Resources and the
Department of Agriculture. The Department of Environment and Natural Resources
(DENR) shall have jurisdiction over all terrestrial plant and animal species, all turtles
and tortoises and wetland species, including but not limited to crocodiles, waterbirds
and all amphibians and dugong. The Department of Agriculture (DA) shall have
jurisdiction over all declared aquatic critical habitats, all aquatic resources including but
not limited to all fishes, aquatic plants, invertebrates and all marine mammals, except
dugong. The secretaries of the DENR and the DA shall review, and by joint
administrative order, revise and regularly update the list of species under their
respective jurisdiction. In the Province of Palawan, jurisdiction herein conferred is
vested to the Palawan Council for Sustainable Development pursuant to Republic Act
No. 7611.

CHAPTER II
DEFINITION OF TERMS
Sec. 5. Definition of Terms. As used in the Act, the term:
(a) "Bioprospecting" means the research, collection and utilization of biological and
genetic resources for purposes of applying the knowledge derived there from solely for
commercial purposes;cralaw
(b) "By-product or derivatives" means any part taken or substance extracted from
wildlife, in raw or in processed form. This includes stuffed animals and herbarium
specimens;cralaw
(c) "Captive-breeding/culture or propagation" means the process of producing
individuals under controlled conditions or with human interventions;cralaw
(d) "Collection or collecting" means the act of gathering or harvesting wildlife, its byproducts or derivatives;cralaw
(e) "Conservation" means preservation and sustainable utilization of wildlife, and/or
maintenance, restoration and enhancement of the habitat;cralaw
(f) "Critically endangered species" refers to a species or subspecies that is facing
extremely high risk of extinction in the wild in the immediate future;cralaw
(g) "Economically important species" means species or subspecies which have actual
or potential value in trade or utilization for commercial purpose;cralaw
(h) "Endangered species" refers to species or subspecies that is not critically
endangered but whose survival in the wild is unlikely if the causal factors continue
operating;cralaw
(i) "Endemic species" Means species or subspecies which is naturally occurring and
found only within specific areas in the country;cralaw
(j) "Exotic species" means species or subspecies which do not naturally occur in the
country;cralaw
(k) "Export permit" refers to a permit authorizing an individual to bring out wildlife from
the Philippines to any other country;cralaw
(l) "Gratuitous permit" means permit issued to any individual or entity engaged in
noncommercial scientific, or educational undertaking to collect wildlife;cralaw
(m) "Habitat" means place or environment where species or subspecies naturally occur
or has naturally established its population;cralaw
(n) "Import permit" refers to a permit authorizing an individual to bring in wildlife from
another country;cralaw
(o) "Indigenous wildlife" means species or subspecies of wildlife naturally occurring or
has naturally established population in the country;cralaw
(p) "Introduction" means bringing species into the wild that is outside its natural
habitat;cralaw
(q) "Reexport permit" refers to a permit authorizing an individual to bring out of the
country a previous imported wildlife;cralaw
(r) "Secretary" means either or both the Secretary of the Department of Environment
and Natural Resources and the Secretary of the Department of Agriculture;cralaw
(s) "Threatened species" a general term to denote species or subspecies considered as
critically endangered, endangered, vulnerable or other accepted categories of wildlife
whose population is at risk of extinction;cralaw

(t) "Trade" means the act of engaging in the exchange, exportation or importation,
purchase or sale of wildlife, their derivatives or by-products, locally or
internationally;cralaw
(u) "Traditional use" means utilization of wildlife by indigenous people in accordance
with written or unwritten rules, usage, customs and practices traditionally observed,
accepted and recognized by them;cralaw
(v) "Transport permit" means a permit issued authorizing an individual to bring wildlife
from one place to another within the territorial jurisdiction of the Philippines;cralaw
(w) "Vulnerable species" refers to species or subspecies that is not critically endangered
nor endangered but is under threat from adverse factors throughout their range and is
likely to move to the endangered category in the near future;cralaw
(x) "Wildlife" means wild forms and varieties of flora and fauna, in all developmental
stages, including those which are in captivity or are being bred or propagated;cralaw
(y) "Wildlife collector's permit" means a permit to take or collect from the wild certain
species and quantities of wildlife for commercial purposes; and
(z) "Wildlife farm/culture permit" means a permit to develop, operate and maintain a
wildlife breeding farm for conservation, trade and/or scientific purposes.
CHAPTER III
CONSERVATION AND PROTECTION OF WILDLIFE RESOURCES
ARTICLE ONE
General Provision
Sec. 6. Wildlife Information. All activities, as subsequently manifested under this
Chapter, shall be authorized by the Secretary upon proper evaluation of best available
information or scientific data showing that the activity is, or for a purpose, not
detrimental to the survival of the species or subspecies involved and/or their habitat. For
this purpose, the Secretary shall regularly update wildlife information through
research.chanrobles virtualaw library
Sec. 7. Collection of Wildlife. Collection of wildlife may be allowed in accordance with
Sec. 6 of this Act: Provided, That in the collection of wildlife, appropriate and acceptable
wildlife collection techniques with least or no detrimental effects to the existing wildlife
populations and their habitats shall, likewise, be required: Provided, further, That
collection of wildlife by indigenous people may be allowed for traditional use and not
primarily for trade: Provided, furthermore, That collection and utilization for said purpose
shall not cover threatened species: Provided, finally, That Sec. 23 of this Act shall
govern the collection of threatened species.chanrobles virtualaw library
Sec. 8. Possession of Wildlife. - No person or entity shall be allowed possession of
wildlife unless such person or entity can prove financial and technical capability and
facility to maintain said wildlife: Provided,
That the source was not obtained in violation of this Act.chanrobles virtualaw library
Sec. 9. Collection and/or Possession of By-Products and Derivatives. By-products and
derivatives may be collected and/or possessed: Provided, That the source was not
obtained in violation of this Act.chanrobles virtualaw library
Sec. 10. Local Transport of Wildlife, By-Products and Derivatives. - Local transport of
wildlife, by-products and derivatives collected or possessed through any other means
shall be authorized unless the same is prejudicial to the wildlife and public
health.chanrobles virtualaw library

Sec. 11. Exportation and/or Importation of Wildlife. Wildlife species may be exported to
or imported from another country as may be authorized by the Secretary or the
designated representative, subject to strict compliance with the provisions of this Act
and rules and regulations promulgated pursuant thereto: Provided, That the recipient of
the wildlife is technically and financially capable to maintain it.chanrobles virtualaw
library
Sec. 12. Introduction, Reintroduction or Restocking of Endemic or Indigenous Wildlife. The introduction, reintroduction or restocking of endemic and indigenous wildlife shall
be allowed only for population enhancement of recovery purposes subject to prior
clearance from the Secretary of the authorized representative pursuant to Sec. 6 of this
Act. Any proposed introduction shall be subject to a scientific study which shall focus on
the bioecology. The proponent shall also conduct public consultations with concerned
individuals or entities.chanrobles virtualaw library
Sec. 13. Introduction of Exotic Wildlife. - No exotic species shall be introduced into the
country, unless a clearance from the Secretary or the authorized representative is first
obtained. In no case shall exotic species be introduced into protected areas covered by
Republic Act No. 7586 and to critical habitats under Sec. 25 hereof.
In cases where introduction is allowed, it shall be subject to environmental impact study
which shall focus on the bioecology, socioeconomic and related aspects of the area
where the species will be introduced. The proponent shall also be required to secure the
prior informed consent from the local stakeholders.chanrobles virtualaw library
Sec. 14. Bioprospecting. - Bioprospecting shall be allowed upon execution of an
undertaking by any proponent, stipulating therein its compliance with and
commitment(s) to reasonable terms and conditions that may be imposed by the
Secretary which are necessary to protect biological diversity.
The Secretary or the authorized representative, in consultation with the concerned
agencies, before granting the necessary permit, shall require that prior informed
consent be obtained by the applicant from the concerned indigenous cultural
communities, local communities, management board under Republic Act No. 7586 or
private individual or entity. The applicant shall disclose fully the intent and scope of the
bioprospecting activity in a language and process understandable to the community.
The prior informed consent from the indigenous peoples shall be obtained in
accordance with existing laws. The action on the bioprospecting proposal by concerned
bodies shall be made within a reasonable period.
Upon submission of the complete requirements, the Secretary shall act on the research
proposal within a reasonable period.
If the applicant is a foreign entity or individual, a local institution should be actively
involved in the research, collection and, whenever applicable and appropriate in the
technological development of the products derived from the biological and genetic
resources.chanrobles virtualaw library
Sec. 15. Scientific Researches on Wildlife. Collection and utilization of biological
resources for scientific research and not for commercial purposes shall be allowed upon
execution of an undertaking/agreement with and issuance of a gratuitous permit by the
Secretary or the authorized representative: Provided, That prior clearance from
concerned bodies shall be secured before the issuance of the gratuitous

permit: Provided, further, That the last paragraph of Sec. 14 shall likewise
apply.chanrobles virtualaw library
Sec. 16. Biosafety - All activities dealing on genetic engineering and pathogenic
organisms in the Philippines, as well as activities requiring the importation, introduction,
field release and breeding of organisms that are potentially harmful to man and the
environment shall be reviewed in accordance with the biosafety guidelines ensuring
public welfare and the protection and conservation of wildlife and their
habitats.chanrobles virtualaw library
Sec. 17. Commercial Breeding or Propagation of Wildlife Resources. - Breeding or
propagation of wildlife for commercial purposes shall be allowed by the Secretary or the
authorized representative pursuant to Sec. 6 through the issuance of wildlife farm
culture permit: Provided, That only progenies of wildlife raised, as well as unproductive
parent stock shall be utilized for trade: Provided, further: That commercial breeding
operations for wildlife, whenever appropriate, shall be subject to an environmental
impact study.chanrobles virtualaw library
Sec. 18. Economically Important Species. The Secretary, within one (1) year after the
effectivity of this Act, shall establish a list of economically-important species. A
population assessment of such species shall be conducted within a reasonable period
and shall be regularly reviewed and updated by the Secretary.
The Collection of certain species shall only be allowed when the results of the
assessment show that, despite certain extent of collection, the population of such
species can still remain viable and capable of recovering its numbers. For this purpose,
the Secretary shall establish a schedule and volume of allowable harvests.
Whenever an economically important species become threatened, any form of
collection shall be prohibited except for scientific, educational or breeding/propagation
purposes, pursuant to the provisions of this Act.chanrobles virtualaw library
Sec. 19. Designation of Management and Scientific Authorities for International Trade in
Endangered Species of Wild Fauna and Flora. For the implementation of International
agreement on international trade in endangered species of wild fauna and fora, the
management authorities for terrestrial and aquatic resources shall be the Protected
Areas and Wildlife Bureau (PAWB) of the DENR and the Bureau of Fisheries and
Aquatic Resources (BFAR) of the DA, respectively and that in the Province of Palawan
the implementation hereof is vested to the Palawan Council for Sustainable
Development pursuant to Republic Act No. 7611.
To provide advice to the management authorities, there shall be designated scientific
authorities for terrestrial and aquatic/marine species. For the terrestrial species, the
scientific authorities shall be the Ecosystems Research and Development Bureau
(ERDB) of the DENR, the U.P. Institute of Biological Sciences and the National Museum
and other agencies as may be designated by the Secretary. For the marine and aquatic
species, the scientific authorities shall be the BFAR, the U.P. Marine Science Institute,
U.P. Visayas, Siliman University and the National Museum and other agencies as may
be designated by the Secretary: Provided, That in the case of terrestrial species, the
ERDB shall chair the scientific authorities, and in the case of marine and aquatic
species, the U.P. Marine Science Institute shall chair the scientific
authorities.chanrobles virtualaw library

Sec. 20. Authority of the Secretary to Issue Permits. - The Secretary or the duly
authorized representative, in order to effectively implement this Act, shall issue
permits/certifications/clearances with corresponding period of validity, whenever
appropriate, which shall include but not limited to the following:
(1
)

Wildlife farm or culture permit

3 to 5 years;

(2
)

Wildlife collector's permit

1 to 3 years;

(3
)

Gratuitous permit

1 year;

(4
)

Local transport permit

1 to 3 months; and

(5
)

Export/Import/Reexport permit

1 to 6 months.

These permits may be renewed subject to the guidelines issued by the appropriate
agency and upon consultation with concerned groups.chanrobles virtualaw library
Sec. 21. Fees and Charges. - Reasonable fees and charges as may be determined
upon consultation with the concerned groups, and in the amount fixed by the Secretary
shall be imposed for the issuances of permits enumerated in the preceding section.
For the export of wildlife species, an export permit fee of not greater than three
percentum (3%) of the export value, excluding transport costs, shall be
charged: Provided, however, That in the determination of aforesaid fee, the production
costs shall be given due consideration. Cutflowers, leaves and the like, produced from
farms shall be exempted from the said export fee:Provided, further, That fees and
charges shall be reviewed by the Secretary every two (2) years or as the need arises
and revise the same accordingly, subject to consultation with concerned sectors.
ARTICLE TWO
Protection of Threatened Species
Sec. 22. Determination of Threatened Species. - The Secretary shall determine whether
any wildlife species or subspecies is threatened, and classify the same as critically
endangered, endangered, vulnerable or other accepted categories based on the best
scientific data and with due regard to internationally accepted criteria, including but not
limited to the following:
(a) present or threatened destruction, modification or curtailment of its habitat or
range;cralaw
(b) over-utilization for commercial, recreational, scientific or educational
purposes;cralaw
(c) inadequacy of existing regulatory mechanisms; and
(d) other natural or man-made factors affecting the existence of wildlife.
The Secretary shall review, revise and publish the list of categorized threatened wildlife
within one (1) year after effectivity of this Act. Thereafter, the list shall be updated
regularly or as the need arises: Provided, That a species listed as threatened shall not
be removed there from within three (3) years following its initial listing.

Upon filing of a petition based on substantial scientific information of any person

seeking for the addition or deletion of a species from the list, the Secretary shall
evaluate in accordance with the relevant factors stated in the first paragraph of this
section, the status of the species concerned and act on said petition within a reasonable
period.
The Secretary shall also prepare and publish a list of wildlife which resembles so closely
in appearance with listed threatened wildlife, which species shall likewise be
categorized as threatened.chanrobles virtualaw library
Sec. 23. Collection of Threatened Wildlife, By-products and Derivatives The collection
of threatened wildlife, as determined and listed pursuant to this Act, including its byproducts and derivatives, shall be allowed only for scientific, or breeding or propagation
purposes in accordance with Sec. 6 of this Act: Provided, That only the accredited
individuals, business, research, educational or scientific entities shall be allowed to
collect for conservation breeding or propagation purposes.chanrobles virtualaw library
Sec. 24. Conservation Breeding or Propagation of Threatened Species Conservation
breeding or propagation of threatened species shall be encouraged in order to enhance
its population in its natural habitat. It shall be done simultaneously with the rehabilitation
and/or protection of the habitat where the captive-bred or propagated species shall be
released, reintroduced or restocked.
Commercial breeding or propagation of threatened species may be allowed provided
that the following minimum requirements are met by the applicant, to wit:
(a) Proven effective breeding and captive management techniques of the species; and
(b) Commitment to undertake commercial breeding in accordance with Sec. 17 of this
Act, simultaneous with conservation breeding.
The Secretary shall prepare a list of threatened species for commercial breeding and
shall regularly revise or update such list or as the need arises.chanrobles virtualaw
library
Sec. 25. Establishment of Critical Habitats. - Within two (2) years following the effectivity
of this Act, The Secretary shall designate critical habitats outside protected areas under
Republic Act No. 7586, where threatened species are found. Such designation shall be
made on the basis of the best scientific data taking into consideration species
endemicity and/or richness, presence of man-made pressures/threats to the survival of
wildlife living in the area, among others.
All designated, critical habitats shall be protected, in coordination with the local
government units and other concerned groups, from any form of exploitation or
destruction which may be detrimental to the survival of the threatened species
dependent therein. For such purpose, the Secretary may acquire, by purchase,
donation or expropriation, lands, or interests therein, including the acquisition of
usufruct, establishment of easements or other undertakings appropriate in protecting
the critical habitat.
ARTICLE THREE
Registration of Threatened and Exotic Species
Sec. 26. Registration of Threatened and Exotic Wildlife in the Possession of Private
Persons. - No person or entity shall be allowed possession of wildlife unless such
person or entity can prove financial and technical capability and facility to maintain said
wildlife. Twelve (12) months after the effectivity of this Act, the Secretary shall set a

period, within which persons/entities shall register all threatened species collected and
exotic species imported prior to the effectivity of this Act. However, when the threatened
species is needed for breeding/propagation or research purposes, the State may
acquire the wildlife through a mutually acceptable arrangement.
After the period set has elapsed, threatened wildlife possessed without certificate of
registration shall be confiscated in favor of the government, subject to the penalties
herein provided.
All Philippine wildlife which are not listed as threatened prior to the effectivity of this Act
but which may later become so, shall likewise be registered during the period set after
the publication of the updated list of threatened species.
CHAPTER IV
ILLEGAL ACTS
Sec. 27. Illegal Acts. - Unless otherwise allowed in accordance with this Act, it shall be
unlawful for any person to willfully and knowingly exploit wildlife resources and their
habitats, or undertake the following acts;cralaw
(a) killing and destroying wildlife species, except in the following instances;
(i) when it is done as part of the religious rituals of established tribal groups or
indigenous cultural communities;cralaw
(ii) when the wildlife is afflicted with an incurable communicable disease;cralaw
(iii) when it is deemed necessary to put an end to the misery suffered by the
wildlife;cralaw
(iv) when it is done to prevent an imminent danger to the life or limb of a human being;
and
(v) when the wildlife is killed or destroyed after it has been used in authorized research
or experiments. chanroblesvirtuallawlibrary
(b) inflicting injury which cripples and/or impairs the reproductive system of wildlife
species;cralaw
(c) effecting any of the following acts in critical habitat(s)
(i) dumping of waste products detrimental to wildlife;cralaw
(ii) squatting or otherwise occupying any portion of the critical habitat;cralaw
(iii) mineral exploration and/or extraction;cralaw
(iv) burning;cralaw
(v) logging; and
(vi) quarrying chanroblesvirtuallawlibrary
(d) introduction, reintroduction or restocking of wildlife resources;cralaw
(e) trading of wildlife;cralaw
(f) collecting, hunting or possessing wildlife, their by-products and derivatives;cralaw
(g) gathering or destroying of active nests, nest trees, host plants and the like;cralaw
(h) maltreating and/or inflicting other injuries not covered by the preceding paragraph;
and
(i) transporting of wildlife.
CHAPTER V
FINES AND PENALTIES
Sec. 28. Penalties for Violations of this Act. For any person who undertakes illegal acts
under paragraph (a) of the immediately preceding section to any species as may be

categorized pursuant to this Act, the following penalties and/or fines shall be
imposed;cralaw
(a) imprisonment of a minimum of six (6) years and one (1) day to twelve (12) years
and/or a fine of One hundred thousand pesos (P100,000.00) to One million pesos
(P1,000,000.00), if inflicted or undertaken against species listed as critical;cralaw
(b) imprisonment of four (4) and one (1) day to six (6) years and/or a fine of Fifty
thousand pesos (P50,000.00) to Five hundred thousand pesos (P500,000.00) if inflicted
or undertaken against endangered species;cralaw
(c) imprisonment of two (2) years and one (1) day to four (4) years and/or a fine of Thirty
thousand pesos (P30,000.00) to Three hundred thousand pesos (P300,000.00), if
inflicted or undertaken against vulnerable species;cralaw
(d) imprisonment of one (1) year and one (1) day to two (2) years and/or a fine of
Twenty thousand pesos (P20,000.00) to Two hundred thousand pesos (P200,000.00) if
inflicted or undertaken against other threatened species; and
(e) imprisonment of six (6) months and one (1) day to one (1) year and/or a fine of Ten
thousand pesos (P10,000.00) to One hundred thousand pesos (P100,000.00), if
inflicted or undertaken against other wildlife species.
For illegal acts under paragraph (b) of the immediately preceding section, the following
penalties and/or fines shall be imposed;cralaw
(a) imprisonment of minimum of four (4) years and one (1) day to six (6) years and/or a
fine of Fifty thousand pesos (P50,000.00) to Five hundred thousand pesos
(P500,000.00), if inflicted or undertaken against species listed as critical;cralaw
(b) imprisonment of two (2) years and one (1) day to four (4) years and/or a fine of
Thirty thousand pesos (P30,000.00) to Two hundred thousand pesos (P200,000.00), if
inflicted or undertaken against endangered species;cralaw
(c) imprisonment of one (1) year and one (1) day to two (2) years and/or a fine of
Twenty thousand pesos (P20,000.00) to Two hundred thousand pesos (P200,000.00), if
inflicted or undertaken against vulnerable species;cralaw
(d) imprisonment of six (6) months and one (1) day to one (1) year and/or fine of Ten
thousand pesos (P10,000.00) to Fifty thousand pesos (P50,000.00), if inflicted or
undertaken against other threatened species; and
(e) imprisonment of one (1) month to six (6) months and/or a fine of Five thousand
pesos (P5,000.00) to Twenty thousand pesos (P20,000.00), if inflicted or undertaken
against other wildlife species.
For illegal acts under paragraphs (c) and (d) of the immediately preceding section, an
imprisonment of one (1) month to eight (8) years and/or a fine of Five thousand pesos
(P5,000.00) to Five million pesos (P5,000,000.00) shall be imposed.
For illegal acts under paragraph (e), the following penalties and/or fines shall be
imposed:
(a) imprisonment of two (2) years and one (1) day to four (4) years and/or a fine of Five
thousand pesos (P5,000.00) to Three hundred thousand pesos (P300,000.00), if
inflicted or undertaken against species listed as critical;cralaw
(b) imprisonment of one (1) year and one (1) day to two (2) years and/or a fine of Two
thousand pesos (P2,000.00) to Two hundred thousand pesos (P200,000.00), if inflicted
or undertaken against endangered species;cralaw

(c) imprisonment of six (6) months and one (1) day to one (1) year and/or a fine of One
thousand pesos (P1,000.00) to One hundred thousand pesos (P100,000.00), if inflicted
or undertaken against vulnerable species;cralaw
(d) imprisonment of one (1) month and one (1) day to six (6) months and/or a fine of
Five hundred pesos (P500.00) to Fifty thousand pesos (P50,000.00), if inflicted or
undertaken against species listed as threatened species; and
(e) imprisonment of ten (10) days to one (1) month and/or a fine of Two hundred pesos
(P200.00) to Twenty thousand pesos (P20,000.00), if inflicted or undertaken against
other wildlife species.
For illegal acts under paragraphs (f) and (g) of the immediately preceding section, the
following penalties and/or fines shall be imposed:
(a) imprisonment of two (2) years and one (1) day to four (4) years and a fine of Thirty
thousand pesos (P30,000.00) to Three hundred thousand pesos (P300,000.00), if
inflicted or undertaken against species listed as critical;cralaw
(b) imprisonment of one (1) year and one (1) day to two (2) years and a fine of Twenty
thousand pesos (P20,000.00) to Two hundred thousand pesos (P200,000.00), if inflicted
or undertaken against endangered species;cralaw
(c) imprisonment of six (6) months and one (1) day to one (1) year and a fine of Ten
thousand pesos (P10,000.00) to One hundred thousand pesos (P100,000.00), if
inflicted or undertaken against vulnerable species;cralaw
(d) imprisonment of one (1) month and one (1) day to six (6) months and a fine of Five
thousand pesos (P5,000.00) to Fifty thousand pesos (P50,000.00), if inflicted or
undertaken against species as other threatened species; and
(e) imprisonment of ten (10) days to one (1) month and a fine of One thousand pesos
(P1,000.00) to Five thousand pesos (P5,000.00), if inflicted or undertaken against other
wildlife species: Provided, That in case of paragraph (f), where the acts were
perpetuated through the means of inappropriate techniques and devices, the maximum
penalty herein provided shall be imposed.
For illegal acts under paragraph (h) and (i) of the immediately preceding section, the
following penalties and/or fines shall be imposed:
(a) imprisonment of six (6) months and one (1) day to one (1) year and a fine of Fifty
thousand pesos (P50,000.00) to One hundred thousand pesos (P100,000.00) if inflicted
or undertaken against species listed as critical species;cralaw
(b) imprisonment of three (3) months and one (1) day to six (6) months and a fine of
Twenty thousand pesos (P20,000.00) to Fifty thousand pesos (P50,000.00), if inflicted
or undertaken against endangered species;cralaw
(c) imprisonment of one (1) month and one (1) day to three (3) months and a fine of
Five thousand pesos (P5,000.00) to Twenty thousand pesos (P20,000.00), if inflicted or
undertaken against vulnerable species;cralaw
(d) imprisonment of ten (10) days to one (1) month and a fine of One thousand pesos
(P1,000.00) to Five thousand pesos (P5,000.00), if inflicted or undertaken against
species listed as other threatened species;cralaw
(e) imprisonment of five (5) days to ten (10) days and a fine of Two hundred pesos
(P200.00) to One thousand pesos (P1,000.00), if inflicted or undertaken against other
wildlife species.

All wildlife, its derivatives or by-products, and all paraphernalia, tools and conveyances
used in connection with violations of this Act, shall be ipso facto forfeited in favor of the
government; Provided, That where the ownership of the aforesaid conveyances belong
to third persons who has no participation in or knowledge of the illegal acts, the same
may be released to said owner. The apprehending agency shall immediately cause the
transfer of all wildlife that have been seized or recovered to the nearest Wildlife Rescue
Center of the Department in the area.
If the offender is an alien, he shall be deported after service and payment of fines,
without any further proceedings.
The fines herein prescribed shall be increased by at least ten percent (10%) every three
(3) years to compensate for inflation and to maintain the deterrent function of such fines.
CHAPTER VI
MISCELLANEOUS PROVISIONS
Sec. 29. Wildlife Management Fund. There is hereby established a Wildlife
Management Fund to be administered by the Department as a special account in the
National Treasury which shall finance rehabilitation or restoration of habitats affected by
acts committed in violation of this Act and support scientific research, enforcement and
monitoring activities, as well as enhancement of capabilities of relevant agencies.
The Fund shall derive from fines imposed and damages awarded, fees, charges,
donations, endowments, administrative fees or grants in the form of contributions.
Contributions to the Fund shall be exempted from donor taxes and all other tax charges
or fees imposed by the government.chanrobles virtualaw library
Sec. 30. Deputation of Wildlife Enforcement Officers. - The Secretary shall deputize
wildlife enforcement officers from non-government organizations, citizens groups,
community organizations and other volunteers who have undergone necessary training
for this purpose. The Philippine National Police (PNP), the Armed Forces of the
Philippines (AFP), the National Bureau of Investigation (NBI) and other law enforcement
agencies shall designate wildlife enforcement officers. As such, the wild enforcement
officers shall have the full authority to seize illegally traded wildlife and to arrest violators
of this Act subject to existing laws, rules and regulations on arrest and
detention.chanrobles virtualaw library
Sec. 31. Establishment of National Wildlife Research Centers. The Secretary shall
establish national wildlife research centers for terrestrial and aquatic species to lead in
the conduct of scientific researches on the proper strategies for the conservation and
protection of wildlife, including captive breeding or propagation. In this regard, the
Secretary shall encourage the participation of experts from academic/research
institutions and wildlife industry.chanrobles virtualaw library
Sec. 32. Wildlife Rescue Center. - The Secretary shall establish or designate wildlife
rescue centers to take temporary custody and care of all confiscated, abandoned and/or
donated wildlife to ensure their welfare and well-being. The Secretary shall formulate
guidelines for the disposition of wildlife from the rescue centers.chanrobles virtualaw
library
Sec. 33. Creation of Wildlife Traffic Monitoring Units. - The Secretary shall create wildlife
traffic monitoring units in strategic air and seaports all over the country to ensure the
strict compliance and effective implementation of all existing wildlife laws, rules and
regulations, including pertinent international agreements.

Customs officers and/or other authorized government representatives assigned at air or

seaports who may have intercepted wildlife commodities in the discharge of their official
functions shall, prior to further disposition thereof, secure a clearance from the wildlife
traffic monitoring unit assigned in the area.chanrobles virtualaw library
Sec. 34. Exemption from taxes - Any donation, contribution, bequest, subsidy or
financial aid which may be made to the Department of Environment and Natural
Resources or to the Department of Agriculture and to NGOs engaged in wildlife
conservation duly registered with the Securities and Exchange Commission as certified
by the local government unit, the Department of Environment and Natural Resources or
the Department of Agriculture, for the conservation and protection of wildlife resources
and their habitats shall constitute as an allowable deduction from the taxable income of
the donor and shall be exempt from donor's tax.chanrobles virtualaw library
Sec. 35. Flagship Species. Local government units shall initiate conservation measures
for endemic species in their areas. For this purpose, they may adopt flagship species
such as the Cebu black shama (copsychus cebuensis), tamaraw (bubalus mindorensis),
Philippine tarsier (tarsius syrichta), Philippine teak (tectona philippinensis), which shall
serve as emblems of conservation for the local government concerned.chanrobles
virtualaw library
Sec. 36. Botanical Gardens, Zoological Parks and Other Similar Establishments. The
Secretary shall regulate the establishment, operation and maintenance of botanical
gardens, zoological parks and other similar establishments for recreation, education and
conservation.chanrobles virtualaw library
Sec. 37. Implementing Rules and Regulations. - Within twelve (12) months following the
effectivity of this Act, secretaries of the Department of Environment and Natural
Resources and the Department of Agriculture, in coordination with the Committees on
Environment and Ecology of the Senate and the House of Representatives,
respectively, shall promulgate respective rules and regulations for the effective
implementation of this Act. Whenever appropriate, coordination in the preparation and
implementation of rules and regulations on joint and inseparable issues shall be done
by both Departments. The commitments of the State to international agreements and
protocols shall likewise be a consideration in the implementation of this Act.chanrobles
virtualaw library
Sec. 38. Appropriations. - The amount necessary to implement the provisions of this Act
shall be charged against the appropriations of the Department of Environment and
Natural Resources in the current General Appropriations Act. Therefore, such sums as
may be necessary to fully implement the provisions of this Act shall be included in the
annual General Appropriations Act.chanrobles virtualaw library
Sec. 39. Separability Clause. - Should any provision of this Act be subsequently
declared as unconstitutional, the same shall not affect the validity or the legality of the
other provisions.chanrobles virtualaw library
Sec. 40. Repealing Clause. - Act Nos. 2590 and 3983, Commonwealth Act No. 63, as
amended, Presidential Decree No. 1219, as amended, Republic Act No. 6147, and
other laws, orders and regulations inconsistent herewith are hereby repealed or
amended accordingly.chanrobles virtualaw library
Sec. 41. Effectivity. - This Act shall take effect fifteen (15) days after publication in the
Official Gazette or two (2) newspapers of general circulation.

Approved:
(Sgd)
AQUILINO Q. PIMENTEL JR.
President of the Senate
(Sgd)
FELICIANO BELMONTE JR.
Speaker of the House of Representatives
This Act which is a consolidation of House Bill No. 10622 and Senate Bill No. 2128 was
finally passed by the House of Representatives and the Senate on February 8, 2001
and March 20, 2001, respectively.
(Sgd)
LUTGARDO B. BARBO
Secretary of the Senate
(Sgd)
ROBERTO P. NAZARENO
Secretary General
House of Representatives
Approved: July 30, 2001
(Sgd)
GLORIA MACAPAGAL-ARROYO
President of the Philippines

REPUBLIC ACT NO. 9072

(National Caves and Cave Resources Management and Protection Act)
AN ACT TO MANAGE AND PROTECT CAVES AND CAVE RESOURCES AND FOR
OTHER PURPOSES.
SECTION 1. Title. - This Act shall be known as the "National Caves and Cave
Resources Management and Protection Act."
Sec. 2. Declaration of Policy. - It is hereby declared the policy of the State to
conserve, protect and manage caves and cave resources as part of the country's
natural wealth. Towards this end, the State shall strengthen cooperation and
exchange of information between governmental authorities and people who
utilize caves and cave resources for scientific, educational, recreational, tourism
and other purposes.
Sec. 3. Definition of Terms. - For purposes of this Act, the following terms shall be
defined as follows:
(a) "Cave" means any naturally occurring void, cavity, recess or system of
interconnected passages beneath the surface of the earth or within a cliff or ledge
and which is large enough to permit an individual to enter, whether or not the
entrance, located either in private or public land, is naturally formed or man
made. It shall include any natural pit, sinkhole or other feature which is an
extension of the entrance. The term also includes cave resources therein, but not
any vug, mine tunnel, aqueduct or other manmade excavation.chan robles virtual
law library
(b) "Cave resources" includes any material or substance occurring naturally in
caves, such as animal life,plant life, including paleontological and archaeological
deposits, cultural artifacts or products of human activities, sediments, minerals,
speleogems and speleothems.
(c) "Secretary" means the Secretary of the Department of Environment and
Natural Resources (DENR)
(d) "Speleogem" means relief features on the walls, ceilings and floor of any cave
or lava tube which are part of the surrounding bedrock, including but not limited
to anastomoses, scallops, meander niches, petromorphs and rock pendants in
solution caves and similar features unique to volcanic caves.
(e) "Speleothem" means any natural mineral formation or deposit occurring in a
cave or lava tube, including but not limited to any stalactite, stalagmite, helictite,
cave flower, flowstone, concretion, drapery, rimstone or formation of clay or mud.
(f) "Significant Cave" refers to a cave which contains materials or possesses
features that have archaeological, cultural, ecological, historical or scientific
value as determined by the DENR in coordination with the scientific community
and the academe.

Sec. 4. Implementing Agency. - The DENR shall be the lead agency tasked to
implement the provisions of this Act in coordination with the Department of
Tourism (DOT), the National Museum, the National Historical Institute and
concerned local government units (LGUs) for specific caves, except that in the
Province of Palawan, the Palawan Council for Sustainable Development shall be
the lead implementing agency pursuant to Republic Act No. 7611 or the Strategic
Environmental Plan for Palawan Act. chan robles virtual law library
Sec. 5. Powers and Functions of the Department of Environment and Natural
Resources (DENR) - In the implementation of this Act, the DENR shall exercise
the following powers and functions:
(a) Formulate, develop and implement a national program for the management,
protection and conservation of caves and cave resources;
(b) Disseminate information and conduct educational campaign on the need to
conserve, protect and manage our caves and cave resources;
(c) Issue permits for the collection and removal of guano and other cave
resources which shall be determined in coordination with the DOT, National
Museum, concerned LGUs, the scientific community and the academe, with
regard to specific caves taking into consideration bio-diversity as well as the
aesthethic and archaeological value of the cave: Provided, that the permittee
shall be required to post a bond to ensure compliance with the provisions of any
permit: Provided, further, that any permit issued under this Section shall be
revoked by the Secretary when the permittee violates any provision of this Act or
fails to comply with any other condition upon which the permit was issued:
Provided furthermore, That the Secretary cannot issue permits for the removal of
stalactites and stalagmites, and when it is established that the removal of the
resources will adversely affect the value of a significant cave: Provided, finally,
That caves located within a protected area shall be subjected to the provisions
of Republic Act No. 7586 or the National Integrated Protected Area System Act of
1992;
(d) Call on any local government unit, bureau, agency, state university or college
and other instrumentalities of the government for assistance as the need arises in
the discharge of its functions;
(e) Enter into a memorandum of agreement with any local government unit (LGU)
for the preservation, development and management of cave or caves located in
their respective territorial jurisdiction;
(f) Tap the cooperation of people's and non-governmental organizations as active
partners in the conservations and protection of our caves and cave resources;
and
(g) Exercise other powers and perform other functions as may be necessary to
implement the provisions of this Act.
Sec. 6. Information Concerning the Nature and Location of Significant Caves Information concerning the nature and specific location of a potentially
significant cave shall not be made available to the public within one (1) year after
its discovery by the DENR, during which time the DENR in coordination with the
DOT, the National Museum, the National Historical Institute, concerned LGUs the
scientific community and the academe shall assess its archaeological, cultural,

ecological, historical and scientific value, unless a written request is made and
the Secretary determines that disclosure of such information will further the
purpose of this Act and will not create a substantial risk of harm, theft or
destruction on such cave.chan robles virtual law library
The written request shall contain, among others, the following:cralaw
(a) a description of the geographic site for which the information is sought;
(b) an explanation of the purpose for which the information is sought;
(c) an assurance or undertaking satisfactory to the Secretary that adequate
measures are to be taken to protect the confidentiality of such information and to
ensure the protection of the cave from destruction by vandalism and
unauthorized use.
Sec. 7. Prohibited Acts. - The following shall be considered Prohibited
Acts:cralaw
(a) Knowingly destroying, disturbing, defacing, marring, altering, removing, or
harming the speleogem or speleothem of any cave or altering the free movement
of any animal or plant life into or out of any cave;
(b) Gathering, collecting, possessing, consuming, selling, bartering or
exchanging or offering for sale without authority any, cave resource; andchan
robles virtual law library
(c) Counselling, procuring, soliciting or employing any other person to violate
any provisions of this Section.
Sec. 8. Penalties. - Any person found guilty of any of the offenses enumerated
under Section 7 hereof shall be punished by imprisonment from two (2) years to
six (6) years or a fine ranging from Twenty thousand pesos (P20,000) to five
hundred thousand pesos (P500,000.00) or both at the discretion of the
Court: Provided, That the person furnishing the capital to accomplish the acts
punishable herein shall be punished by imprisonment from six (6) years and one
(1) day to eight (8) years or by a fine ranging from Five hundred thousand pesos
(P500,000.00) to One million pesos (P1,000,000.00) or both at the Discretion of the
Court:Provided, further, That if the area requires rehabilitation or restoration as
determined by the Court, the offender shall also be required to restore the same,
whenever practicable or compensate for the damage: Provided finally that if the
offender is a government employee, he or she shall likewise be removed from
office.
Sec. 9. Administrative Confiscation and Conveyance. - The Secretary shall order
the confiscation, in favor of the Government of the cave resources gathered,
collected, removed, possessed or sold including the conveyance and equipment
used in violation of Section 7 hereof.
Sec. 10. Fees. - Any money collected by the DENR as permit fees for collection
and removal of cave resources, as a result of the forfeiture of a bond or other
security by a permittee who does not comply with the requirements of such
permit issued under this Act or by way of fines for violations of this Act shall be
remitted to the National Treasury.

Sec. 11. Implementing Rules and Regulations. - The DENR shall, within six (6)
months from the effectivity of this Act, issue rules and regulations necessary to
implement the the provisions hereof.
Sec. 12. Appropriations. - The amount necessary to carry out the provisions of
this Act shall be included in the General Appropriations Act of the year following
its enactment into law and thereafter.
Sec. 13. Separability Clause. - If any provisions of this Act is subsequently
declared unconstitutional, the remaining provisions shall remain in full force and
effect.
Sec. 14. Repealing Clause. - Presidential Decree No. 1726 - A is hereby modified.
Treasure hunting in caves shall be governed by the provisions of this Act.
Except Presidential Decree No. 412 and Republic Act No. 4846, all other laws,
decrees, orders and regulations or parts thereof which are inconsistent with any
of the provisions of this Act are hereby repealed or amended accordingly.
Sec. 15. Effectivity. - This Act shall take effect fifteen (15) days following its
publication in two (2) national newspapers of general circulation.

Approved: April 08, 2001

Compilation of Environmental Laws

EXECUTIVE ORDER No. 263 July 19, 1995ADOPTING COMMUNITY-BASED FOREST
MANAGEMENT ASTHE NATIONAL STRATEGY
EXECUTIVE ORDER NO. 263 July 19, 1995ADOPTING COMMUNITY-BASED
FOREST MANAGEMENT AS THENATIONAL STRATEGY TO ENSURE THE
SUSTAINABLE DEVELOPMENTOF THE COUNTRY'S FORESTLANDS
RESOURCES AND PROVIDINGMECHANISMS FOR ITS IMPLEMENTATION
WHEREAS
, Article II, Section 16 of the 1987 Constitution provides for the protection and
advancementof the right of the Filipino people, both men and women, to a healthful and
balanced ecology;
WHEREAS

, Article II, Section 10 provides for the promotion of social justice to all citizens in all
phasesof national development;
WHEREAS
, Article XIV, Section 17 mandates the State to recognize and respect the
rights of theindigenous peoples to their ancestral domains and consider their customs,
traditions and beliefs in theformulation of laws and policies;
WHEREAS
, Executive Order No. 192, series of 1987, mandates the Department of Environment
andN a t u r a l R e s o u r c e s ( D E N R ) a s t h e p r i m a r y g o v e r n m e n t a g e n c y r e s
p o n s i b l e f o r t h e s u s t a i n a b l e management and development of the country's
natural resources;
WHEREAS
, the Philippines 2000 and the government's Social Reform Agenda s
u p p o r t p e o p l e empowerment and the full, meaningful and indispensable participation
of communities as immediatestakeholders of the forestland resources in the protection
and management of the forest ecosystem;
WHEREAS
, the 25-year Master Plan for Forestry Development also recognizes the indispensable
roleof local communities in forest protection, rehabilitation, development and
management, and targets theprotection, rehabilitation, management, and
utilization of at least 4 million hectares of forestlands, through the communitybased forest management strategy;
WHEREAS
, entrusting the responsibility for forest rehabilitation, protection, and
conservation to thecommunity of stakeholders and affording them equitable access to
the forest and coastal resources
arev i a b l e f o r e s t l a n d m a n a g e m e n t s t r a t e g i e s a s b o r n e b y t h e e x p e r i e n
c e o f t h e D E N R a n d v a r i o u s supporting agencies;
NOW, THEREFORE, I FIDEL V. RAMOS
, President of the Philippines, by virtue of the powers vestedin me by law, do
hereby order that:Sec. 1. Community-based forest management (herein referred to as
CBFM) shall be thenational strategy to achieve sustainable forestry and social
justice.Sec. 2. The DENR, through its Community and Provincial Environment and
Natural Resource Offices,in coordination with the local government units and the
Department of Interior and LocalGovernment (DILG) shall, at all times, take
into account the needs and aspirations of local communities whose livelihood
depends on the forestlands.
Sec. 3
. Participating organized communities may be granted access to the forestland
resources under long term tenurial agreements, provided they employ environmentfriendly, ecologically-sustainable, and labor-intensive harvesting methods. Such
harvesting methods shall bementioned under a site-specific management plan of each
recipient community and duly
101

approved by the DENR.Sec. 4. The indigenous peoples may participate in

the implementation of CBFM activities in recognitionof their rights to their ancestral
domains and land rights and claims.Sec. 5. A CBFM Steering Committee shall be
created immediately and headed by the DENR with members from the
Departments of Agriculture, Trade and Industry, Agrarian Reform, Finance,Science and
Technology, Labor and Employment, Interior and Local Government, Budget
andManagement, National Defense and Justice; National Economic Development and
Authority;Philippine Commission on Countrywide Development
under the Office of the President,Committee on Flagship Programs and
Projects of the Office of the President; Presidential Management Staff under the
Office of the President; Cooperative Development Authority,
andO f f i c e s o f N o r t h e r n a n d S o u t h e r n C u l t u r a l C o m m u n i t i e s . T h e C o m
mittee may inviterepresentatives from the Philippine Chamber of Co
m m e r c e , P h i l i p p i n e W o o d P r o d u c t s Association, NGO coalition groups, and ot
her public and private organizations to becomemembers of the Steering
Committee. The Committee shall
formulate and develop policyg u i d e l i n e s t h a t w i l l c r e a t e i n c e n t i v e s a n d c
o n d i t i o n s n e c e s s a r y t o e f f e c t i v e l y c a r r y o u t community-based forest
management strategy. Accordingly, members of the CBFM
SteeringCommittee should, at least, be represented by concerned
Assistant Secretaries or heads of bureaus and agencies.Sec. 6. The DENR shall
work with local governments, people's organizations (POs), nongovernmento r g a n i z a t i o n s ( N G O s ) , r e l i g i o u s g r o u p s , b u s i n e s s a n d i n d u s
t r y, a n d o t h e r c o n c e r n e d organizations to ensure that communities are
empowered to initiate and achieve the objectivesof this Order.Sec. 7. In its budget
preparation, the DENR shall allot adequate funds to effectively accomplish
CBFMtargets and shall seek supplementary funding from local and foreign supporting
agencies andorganizations. DENR shall ensure the inclusion of budgetary allocation for
CBFM in the annualGeneral Appropriations Act, pending the passage of the revised
Forestry Code.Sec. 8. The DENR shall establish a Community-based Forest
Management Special Account (CBFMSA)to support the implementation of the strategy
and provide financial and professional incentivesystem for deserving communities and
government personnel.Sec. 9. The DENR may source local and international grants and
donations for the establishment of theCBFM Special Account. Other sources of fund
may later be determined by the CBFM SteeringCommittee subject to existing
government regulations.Sec. 10. The DENR shall support and set up jointly with
relevant colleges and universities, private andpublic organizations, arrangements for a
community forestry training program for members
of participating units, such as people's organizations, non-government
organizations, localgovernment units, and other government personnel.Sec. 11.
Within six months after the signing of this Order, the DENR, in consultation with
governmentfinancial institutions, such as the Development Bank of the Philippines
(DBP), the Land Bank of the Philippines (LBP), GSIS and the SSS, shall effect
the creation of favorable financingmechanisms for access by communities and
organizations in the pursuit of the CBFM strategyand its sub-strategies such as
community training and empowerment, enterprise development,agroforestry

development, tree plantations, and other non-forest-based alternative

livelihoodsystems.Sec. 12. The DENR Secretary shall issue new rules, regulations,
procedures, and guidelines necessaryto implement this Order and repeal or modify
existing ones consistent with the policies set forthby the CBFM Steering Committee.
102
Sec. 13. The DENR Secretary shall, within six months from the signing of this
Order, submit to theOffice of the President, a National Comprehensive
Community Forestry Action Plan, whichembodies the Department's short,
medium and long-term plans. The action plan shall bediscussed and
approved by the CBFM Steering Committee prior to its submission to
thePresident.Sec. 14. All previous executive and administrative issuances
which are inconsistent herewith arerepealed or amended accordingly.DONE in the
City of Manila, this 19th day of July in the year of Our Lord, Nineteen Hundred and
Ninety-Five.
103
MALACAANGManilaBY THE PRESIDENT OF THE PHILIPPINES EXECUTIVE
ORDER NO. 481PROMPTION AND EVELOPMENT OF ORGANIC AGRICULTUREIN
THE PHILIPPINES
WHEREAS
, it is a declared policy of the State to promote agriculture de
velopment, conserve
environmental resources and promote social equity and product acce
ss to foreign and domestic
markets of agriculture and fishery commodities
;
WHEREAS
, the development of Organic Agriculture nationwide as a farming scheme enhances
globalcompetitiveness,
environmental integrity, food security and safety, and increases productivity a
ndalleviate poverty;
WHEREAS
, the State recognizes the potential of Organic Agriculture in increasing
value-added inagricultural export and local consumption products;
WHEREAS
, the stakeholders have recognized the potential of certified organic farming
as a way to
lower input costs, utilization of local raw material inputs, conserve n
on-renewable resources,

mainstream into high-value markets and improve farm income;

WHEREAS
, the stakeholders of Organic Agriculture have manifested thei
r s t r o n g i n t e r e s t t o aggressively promote organic agriculture with s
u p p o r t f r o m t h e g o v e r n m e n t o n t h e r e s e a r c h , development and extension
activities.
NOW, THEREFORE, I, GLORIA MACAPAGAL-ARROYO
, President of the Republic of the Philippines,by the virtue of the powers vested in me by
the Constitution and existing laws, do hereby order:
Section 1. Declaration of Objectives
This Executive Order shall have the following objectives:(a) promote organic
agriculture as a farming scheme especially in rural farming communities;
(b) forge effective networking and collaboration with the stakeholder
s involved in the
production, handling, processing and marketing of organic agriculture products;
(c) guarantee food and environmental safety by means of an ecological approach to
farming;
and(d) ensure the integrity of organic products through the approved organic
certification
procedures and organic production, handling and processing standards.
Section 2. The National Organic Agriculture Program (NOAP).
The Department of AgricultureNational Organic Agriculture Program shall focus
on , but not limited to:(a) Regulations and Guidelines(b) Certification and
Accreditation(c) Market Promotion and Networking(d) Organic Information for
Producers, Handlers and Processors(e) Research, Development and Extension
Section 3. The National Organic Agriculture Board (NOAB).
There is hereby constituted theNational Organic Agriculture Board, hereinafter
referred to as the NOAB. The NOAB shallbe composed of the following:(a) The
Secretary of the Department of Agriculture as Chairperson;(b) The Secretary of
the Department of Trade and Industry as Vice-Chair;
104
(c) The Secretary of the Department of Health as Vice-Chair;(d) The Secretary of
the Department of Interior and Local Government;(e) The Secretary of the Department
of Environment and Natural Resources; and(f) The Secretary of the Department
of Science and Technology.There shall be appointed to the NAOB seven (7)
representatives engaged in the practice of organic agriculture. Such
representatives may be taken from, but not limited to the recommendedsectors listed

below:(a) Three from the private sector who operate an organic farm; organic
handling andprocessing; and establishment with significant trade in organic products;
(b) Two from the NGO/PO who represents public interest or consumer interest;(c) One
from organic certifying body as identified under Section 6 of this E.O.;(d) One from the
academe with expertise in areas of environmental protection and resource
conservation, toxicology and
biochemistry. A member of the Board shall serve for a term of 3 years. A member canno
t serve consecutiveterms unless such member served an original term that was
less than 3 years. A National Technical Committee (NTC) shall be created as
an implementing arm of the policies,p r o g r a m s a n d p r o j e c t s i d e n t i f i e d a n d
a p p r o v e d b y t h e B o a r d . I t s h a l l b e d r a w n f r o m t h e Department of
Agriculture, Department of Environment and Natural Resources, Department of Land
Reform, representative from the private sector and civil society.The Bureau
of Agriculture and Fisheries Product Standards (BAFPS) of the
Department of Agriculture shall serve as the Technical and Administrative Secretariat
of the Board and the NTCwith the member agencies providing additional staff support
as the need arises.
Section 4. Functions, Duties and Responsibilities of the NOAB and the NTC
The NOABshall have the following function, duties and responsibilities:(a) Formulate
policies, plans, programs and projects to promote and develop
Organic Agriculture;(b) Oversee the successful implementation of the Organic
Agriculture programs andprojects;(c) Call upon any government agency to carry out
and implement programs and projectsidentified by the Board;(d) Call upon private
sectors, peoples organizations (Pos) and non-governmentorganizations. (NGOs),
and the academe to provide advise on matters pertaining to organic agriculture;(e)
Identify sources of financing to expand organic agriculture; and(f) Submit annual and
other periodic reports to the Office of the President.The National Technical Committee
shall:(a) Implement Organic Agriculture programs and projects approved by the Board;
(b) Update the Board on the status of the programs, projects and activities undertaken
for the promotion and development of organic agriculture;(c) Forge effective networking
with the various stakeholders involved in organicproduction; and(d) Perform such
other functions, duties and responsibilities as may be necessary to implement
this Executive Order.
Section 5. Compliance Requirements for Organic Standards
. Adoption of the PhilippineNational Standard for Organic Agriculture
(PNS/BAFPS) 07:2003 ICS.65.020) specificallylisted in ANNEX A shall be mandatory
throughout the country for the sectors involved inthe production and marketing organic
agriculture products.
105
Section 6. Organic Accreditation
. The Department of Agriculture through Administrative Order 13 Series of
2003 listed in ANNEX B, otherwise known as the Guidelines in
the Accreditation of Certifying Bodies for Standards on Organic Agriculture shall accred
itcertifying bodies as prescribed in the guidelines.

Section 7. Labeling of Organic Produced Products

. In addition to the requirements
for l a b e l i n g o f o r g a n i c p r o d u c t s , c o m m o d i t i e s , g o o d s a n d m e r c h a n d i s
e p u r s u a n t t o PNS/BAFPS 07:2003 ICS.65.020 listed in ANNEX A, the products,
commodities, goodsand merchandise must contain contents prescribed in this
Executive Order.
Section 8. Research, Development and Extension
. T h e D A , D O S T , S C U s a n d o t h e r appropriate agencies such as but not
limited to scientific/professional organizations
andresearch institutions shall develop, enhance, support and consolidate
activities andrelated technologies to protect the environment and improve
organic matter depletedagricultural soils, reduce cost of production, improve product
quality and increase value-added for global competitiveness of Organic Produce.
Section 9. Appropriations
. The Department of Agriculture shall allocate from its present budget such
amount not less than Five Million Pesos (P5,000,000.00) may be taken
fromt h e P r e s i d e n t i a l S o c i a l F u n d f o r t h e i n i t i a l y e a r o f i m p l e m e n t a t i o n
o f t h e p r o g r a m . Thereafter, the Department of Agriculture shall include
and appropriate amount in theGeneral Appropriations Act following its enactment
and every year thereafter.
Section 10. Implementing Guidelines
. The Board, within ninety (90)
working days inconsultation with other agencies and stakeholders co
n c e r n e d s h a l l f o r m u l a t e t h e implementing rules and regulations to carry out the
provisions of this Executive Order.
Section 11 Separability Clause
.- If any of the provisions of the Executive Order is declared invalid, the
remainder shall remain operative.
Section 12. Effectivity
. This Executive Order shall take effect immediately after publication in anewspaper or
general circulation.D O N E , i n t h e C i t y o f M a n i l a , o n t h i s 2 7 t h d a y o f
D e c e m b e r, i n t h e y e a r o f o u r L o r d t w e n t y hundred and five.By the President:
Gloria M. ArroyoEDUARDO R. EMITA Executive Secretary
106

Environmentalists lament govt's inability to fully implement green laws

April 23, 2013 12:42am
Tags: environment, denr, ecac, soliwastemanagement, cleanairact, cleanwateract
By KIMBERLY JANE TAN, GMA NEWS
Despite having some of the best environmental laws in the world, the Philippines is still
not able to reap the benefits of having such legislation, several environmental lawyers
lamented on Monday.
"Most, if not all, environmental laws are not being implemented fully. Actually I don't
know if there is one environmental law that is fully being implemented," said
environmental lawyer Jun Quicho in a phone interview with GMA News Online.
"What would be the benefit of the law if it is not implemented? That is the biggest issue,"
lawyer Gloria Ramos, co-founder of Philippine Earth Justice Center, said in a separate
interview.
Ramos cites the following laws as among the most important environment legislation

that are often ignored:

Republic Act 8550 or the Philippine Fisheries Code of 1998

RA 8749 or the Philippine Clean Air Act of 1999

RA 9003 or the Ecological Solid Waste Management Act of 2000

RA 9275 or the Philippine Clean Water Act of 2004

RA 9513 or the Renewable Act of 2008

"We have the road map for air quality management but the agencies tasked to do it in
partnership with stakeholders are not doing it and they are not held accountable, she
said. They are not held accountable by the Office of the President, the Department of

Environment and Natural Resources (DENR), and the Department of Interior and Local
Government.
"Sorry to tell you this but we have yet to see that determination from the government to
implement the law," she added.
For Maria Generosa Mislang, a lawyer from Tanggol Kalikasan, the most glaring
example of a local environmental law that is not being implemented is RA 9003.
"[Ang] open dumping [ng basura] talagang bawal na yan under the law... pero hindi siya
nasusunod ng LGUs," she said.
Ramos places the blame squarely on President Benigno Aquino III's lap.
"Laws need to be implemented and there still seems to be no political will to do so.
There is a big gap between the policy and the implementation," she complained.
LGUs have to do more
Another problem, said Quicho, is that the lead agency in settling environmental issues
has a complicated structure. The DENR regulates the use of the country's
environmental resources, and at the same time, issues permits to those who wish to
harness such resources, he explained.
"Mahirap i-implement ng batas dahil lagi kang nasa gitna," he said.
There are also laws that are difficult to implement without any funds.
"Not to say that the government is bad... but may realities din yung budget," he said.
"Basically I think maraming gustong i-implement yung ibang provision ng batas pero
wala naman pondo na binibigay... naiintindihan naman natin, it is a small pie that we
have right now."
The DENR's share in the 2013 P2-trillion national budget is P23.7 billion.,

Quicho pointed out that the allocation is sometimes reflective of the administration's
priorities.
"I think there are already a lot of policies in place, but I think ang tanong dito is, priority
ba talaga yan? Kasi kung priority yan malalaman mo... kung priority yan, may budget
yan," he said.
Mislang was a little more forgiving of the Aquino administration's efforts to protect the
environment, saying that this government's political will is stronger "compared to other
presidencies before."
She added that the DENR and the Bureau of Fisheries and Aquatic Resources (BFAR)
have been trying to do their job little by little, despite manpower and geographical
constraints.
"Yung DENR, nakikita ko rin yung political will. May mga taga-DENR naging casualty
habang nasa line of duty. In terms of BFAR nag-form siya ng task force both national
tsaka region so tingin ko ngayon... ang mga LGUs na lang [ang problema]," she said.
According to the Environmental Compliance Assistance Center (ECAC), the major
environmental laws that LGUs are supposed to implement are RA 8749, 9003, 9275
and Republic Act 6969 or the Toxic Substances, Hazardous and Nuclear Waste Control
Act of 1990.
The ECAC said that RA 6969 aims to "regulate, restrict or prohibit the importation,
manufacture, processing, sale, distribution, use and disposal of chemical substances
and mixtures that present unreasonable risk to human health" while RA 8749 aims to
"achieve and maintain clean air that meets the National Air Quality guideline values for
criteria pollutants throughout the Philippines, while minimizing the possible associated
impacts to the economy."
On the other hand, RA 9275 aims to "protect the country's water bodies from pollution
from land-based sources" while RA 9003 aims to "ensure the proper segregation,

collection, storage, treatment and disposal of solid waste through the formulation and
adaptation of best eco-waste products."
What citizens can do
Ramos said citizens have the right to hold officials accountable before the courts. And
she's thankful the judiciary has created "green courts" which hear environmental cases.
"At least there's another branch of government that is looking at it. Yung legislative okay
naman, kumpleto na tayo sa batas. Ang executive branch, they have to do their
mandate," she said.
Quicho said the administration should also start prioritizing environmental issues by
putting money where the laws are.
"You really have to invest in the environment... nariyan naman siya [mga batas] at
magagamit naman siya. Hindi lang nama-maximize," he said.
Ramos, however, said citizens must also do their part for the environment.
"Kailangan dun sa educational system i-integrate ang love for our home planet through
environmental education. Parents should also do our share, teach their children about
stewardship. It's an undertaking that each one should do," she said. DVM, GMA
News
- See more at:
http://www.gmanetwork.com/news/story/305051/news/nation/environmentalists-lamentgovt-s-inability-to-fully-implement-green-laws#sthash.MW4KXzw1.dpuf
http://www.gmanetwork.com/news/story/305051/news/nation/environmentalists-lamentgovt-s-inability-to-fully-implement-green-laws
Republic Act No. 9512 ENVIRONMENTAL AWARENESS EDUCATION ACT
21
The Department of Education (DepEd), the Commission on Higher Education (CHED),
the Technical Education and Skills Development Authority (TESDA), the Department of
Social Welfare and Development (DSWD), in coordination with the Department of
Environment and Natural Resources (DENR), the Department of Science and

Technology (DOST) and other relevant agencies, shall integrate environmental

education in its school curricula at all levels, whether public or private, including in
barangay daycare, preschool, non-formal, technical vocational, professional level,
indigenous learning and out-of-school youth courses or programs. Environmental
education shall encompass environmental concepts and principles, environmental laws,
the state of international and local environment, local environmental best practices, the
threats of environmental degradation and its impact on human well-being, the
responsibility of the citizenry to the environment and the value of conservation,
protection and rehabilitation of natural resources and the environment in the context of
sustainable development.
http://lorenlegarda.com.ph/republic-act-no-9512-environmental-awareness-educationact-2/