Discussion for October 26, 2019

- A restatement and reaffirmation of PD 1586 (EISS) and DENR Admin

Order 96-37

Proclamation No. 2146, s. 1981

Signed on December 14, 1981

MALACAÑANG
MANILA

BY THE PRESIDENT OF THE PHILIPPINES

PROCLAMATION NO. 2146

PROCLAIMING CERTAIN AREAS AND TYPES OF PROJECTS AS

ENVIRONMENTALLY CRITICAL AND WITHIN THE SCOPE OF THE
ENVIRONMENTAL IMPACT STATEMENT SYSTEM ESTABLISHED UNDER
PRESIDENTIAL DECREE NO. 1586.

WHEREAS, it is the national policy to attain and maintain a rational and orderly
balance between socio-economic growth and environmental conservation and
protection;

WHEREAS, there is an urgent need to bring about an intensive, integrated program of

environmental protection through a requirement of environmental impact assessments
and statements;

WHEREAS, the environmental impact statement system established under

Presidential Decree No, 1586 calls for the proper management of environmentally
critical areas;

WHEREAS, the pursuit of a comprehensive and integrated environmental protection

program necessitates the establishment and institutionalization of a system whereby
the exigencies of socio-economic undertakings can be reconciled with the
requirements of environmental protection and conservation;

WHEREAS, the national leadership mandates the establishment of such a system to

regulate and minimize the environmental impacts of projects and undertakings which
may significantly affect the quality of the environment in Presidential Decree No.
1586; and

WHEREAS, in the effective implementation of such a system, there arises the need to
identify and declare certain projects determined to be environmentally critical;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by
virtue of the powers vested in me by law, hereby proclaim the following areas and
types of projects as environmentally critical and within the scope of the
Environmental Impact Statement System;

A. Environmentally Critical Projects****FINALS

I. Heavy Industries

a. Non-ferrous metal industries

b. Iron and steel mills
c. Petroleum and petro-chemical industries including oil and gas
d. Smelting plants

II. Resource Extractive Industries

a. Major mining and quarrying projects

b. Forestry projects

1. Logging
2. Major wood processing projects
3. Introduction of fauna (exotic-animals) in public/private forests
4. Forest occupancy
5. Extraction of mangrove products
6. Grazing

c. Fishery Projects

1. Dikes for/and fishpond development projects

III. Infrastructure Projects

a. Major dams
b. Major power plants (fossil-fueled, nuclear fueled, hydroelectric or
geothermal)
c. Major reclamation projects
d. Major roads and bridges

B. Environmentally Critical Areas ***|*FINALS

1. All areas declared by law as national parks, watershed reserves, wildlife preserves
and sanctuaries;

2. Areas set aside as aesthetic potential tourist spots;

3. Areas which constitute the habitat for any endangered or threatened species of
indigenous Philippine Wildlife (flora and fauna);
4. Areas of unique historic, archaeological, or scientific interests;

5. Areas which are traditionally occupied by cultural communities or tribes;

6. Areas frequently visited and/or hard-hit by natural calamities (geologic hazards,

floods, typhoons, volcanic activity, etc.);

7. Areas with critical slopes;

8. Areas classified as prime agricultural lands;

9. Recharged areas of aquifers (a body of permeable rock which can contain or

transmit groundwater. This is an area where groundwater can be extracted using a
water well);

10. Water bodies characterized by one or any combination of the following

conditions;

a. tapped for domestic purposes

b. within the controlled and/or protected areas declared by appropriate authorities
c. which support wildlife and fishery activities

11. Mangrove areas characterized by one or any combination of the following

conditions:

a. with primary pristine and dense young growth;

b. adjoining mouth of major river systems;
c. near or adjacent to traditional productive fry or fishing grounds;
d. which act as natural buffers against shore erosion, strong winds and storm floods;
e. on which people are dependent for their livelihood.

12. Coral reefs characterized by one or any combinations of the following conditions:

a. With 50% and above live coralline cover;

b. Spawning and nursery grounds for fish;
c. which act as natural breakwater of coastlines.

This Proclamation shall take effect immediately.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the
Republic of the Philippines to be affixed.

Done in the City of Manila, this 14th day of December, in the year of Our Lord,
nineteen hundred and eighty-one.

(Sgd.)FERDINAND E. MARCOS
President of the Philippines
By the President:
(Sgd.) JUAN C. TUVERA
Presidential Executive Assistant

RP (Hon. Heherson Alvarez as Sec. Of the DENR, Clarence Baguilat as the Reg. Executive Dir. Of
DENR- Region XI and Engr. Bienvenido Lipa as Reg. Dir. Of the DENR-ENVIRONMENTAL
MANAGEMENT BUREAU (DENR-EMB), Region XI v. THE CITY OF DAVAO

G.R. No. 148622. September 12, 2002

SYNOPSIS

Respondent filed an application for a Certificate of Non-Coverage (CNC) for its proposed project, the
Davao City Artica Sports Dome, with the Environmental Management Bureau (EMB), Region XI. The
same, however, was denied on the ground that the proposed project was within an environmentally
critical area; that the City of Davao must first undergo the environmental impact assessment (EIA)
process to secure an Environmental Compliance Certificate (ECC). Respondent then filed a petition for
mandamus with the Regional Trial Court (RTC), and the latter ruled in favor of respondent.

As the project in issue is not classified as environmentally critical or within an environmentally critical
area, the DENR has no choice but to issue the CNC. It becomes its ministerial duty, the performance of
which can be compelled by writ of mandamus, such as that issued herein by the trial court. The
petition filed by the Republic was denied.

SYLLABUS

1.POLITICAL LAW; ADMINISTRATIVE LAW; LOCAL GOVERNMENT CODE; LOCAL GOVERNMENT UNIT;
FUNCTIONS. — Section 15 of Republic Act 7160, otherwise known as the Local Government Code,
defines a local government unit as a body politic and corporate endowed with powers to be exercised
by it in conformity with law. As such, it performs dual functions, governmental and proprietary.
Governmental functions are those that concern the health, safety and the advancement of the public
good or welfare as affecting the public generally. Proprietary functions are those that seek to obtain
special corporate benefits or earn pecuniary profit and intended for private advantage and benefit.
When exercising governmental powers and performing governmental duties, an LGU is an agency of
the national government. When engaged in corporate activities, it acts as an agent of the community
in the administration of local affairs. [Dual functions of an LGU: (1) Governmental; (2)
Proprietary. Governmental functions - those that concern the health, safety, and
the advancement of the public good or welfare as affecting the general public;
Proprietary functions - those that seek to obtain special corporate benefits or
earn pecuniary profit and intended for private advantage and benefit. When
exercising governmental powers and performing governmental duties, an LGU is
an agency of the national government. When engaged in corporate activities, it
acts as an agent of the community in the administration of local affairs. (Section
15, RA 7160, LGC). It shall be the duty of the LGU to promote the people’s right
to a balanced ecology (Section 16, RA 7160). As such, an LGU like the the City of
Davao CAN NOT CLAIM EXEMPTION from the coverage of PD 1586. As a body
politic endowed with governmental functions, an LGU has the duty to ensure the
quality of the environment, which is the very same objective of PD 1586.]
2.ID.; ID.; ID.; ID.; NOT EXCLUDED FROM THE COVERAGE OF PD 1586 (ENVIRONMENTAL IMPACT
STATEMENT SYSTEM). — Found in Section 16 of the Local Government Code is the duty of the LGUs
to promote the people’s right to a balanced ecology. Pursuant to this, an LGU, like the City of Davao,
can not claim exemption from the coverage of PD 1586. As a body politic endowed with governmental
functions, an LGU has the duty to ensure the quality of the environment, which is the very same
objective of PD 1586. Further, it is a rule of statutory construction that every part of a statute must be
interpreted with reference to the context, i.e., that every part must be considered with other parts,
and kept subservient to the general intent of the enactment. Section 4 of PD 1586 clearly states that
“no person, partnership or corporation shall undertake or operate any such declared environmentally
critical project or area without first securing an Environmental Compliance Certificate issued by the
President or his duly authorized representative.” The Civil Code defines a person as either natural or
juridical. The state and its political subdivisions, i.e., the local government units are juridical persons.
Undoubtedly therefore, local government units are not excluded from the coverage of PD 1586. Lastly,
very clear in Section 1 of PD 1586 that said law intends to implement the policy of the state to achieve
a balance between socio-economic development and environmental protection, which are the twin
goals of sustainable development. The first paragraph of the Whereas clause of the law stresses that
this can only be possible if we adopt a comprehensive and integrated environmental protection
program where all the sectors of the community are involved, i.e., the government and the private
sectors. The local government units, as part of the machinery of the government, cannot therefore be
deemed as outside the scope of the EIS system. [Basis of LGU that it should be excluded
from the coverage of PD 1586, thus, should be issued a Certificate of
Non-Coverage (CNC) : Thru Mandamus and Injunction, LGU alleged that its
proposed project was neither an environmentally critical project nor within an
environmentally critical area, thus, it was outside the scope of the EIS System.
Hence, it was the ministerial duty of the DENR, thru the EMB-Region-XI, to issue
a CNC.

RTC Ruling : “there is nothing in PD 1586, in relation to PD 1151 and Letter of

Instruction No. 1179 (prescribing guidelines for compliance with the EIA
System), which requires LGU to comply with the EIS law. Only agencies and
instrumentalities of the national government, including government-owned and
controlled corporations, as well as private corporations, firms and entities are
mandated to go through the EIA process for their proposed projects which have
significant effect on the quality of the environment. An LGU, not being an agency
or instrumentality of the National Government, is deemed excluded under the
principle of expressio unius est exclusio alterius.”

“The trial court further declared, based on the certifications of the DENR -
Community Environment and Natural Resources Office (CENRO) - West, and the
data gathered by PHIVOLCS that the site for the Artica Sports Dome was not
within an environmentally-critical area. Neither was the project an
environmentally critical one. It therefore becomes mandatory for the DENR,
thru the EMB Region XI to approve the LGUs CNC AFTER IT HAS SATISFIED ALL
THE REQUIREMENTS FOR ITS ISSUANCE. Accordingly, DENR can be compelled
by a writ of mandamus to issue the CNC, if it refuses to do so.” MANDAMUS - Rule
65 of the Rules of Court : When any tribunal, corporation, board, officer, or
person unlawfully neglects the performance of an act which the law specifically
enjoins as a duty resulting from an office, trust or station, or unlawfully excludes
another from the use and enjoyment of a right or office to which such is entitled,
and there is no other plain, speedy and adequate remedy in the course of law, the
person aggrieved thereby may file a verified petition in the proper court, alleging
the facts with certainty and praying that judgment be rendered commanding the
respondent, immediately or at some other time to be specified by the court, to
do the act required to be done to protect the rights of the petitioner, and to pay
the damages sustained by the petitioner by reason of the wrongful acts of the
respondent.

Supreme Court’s Decision : LGUs are NOT EXCLUDED from the coverage of PD
1586. Found in Section 16 of the Local Government Code is the duty of the LGUs to
promote the people’s right to a balanced ecology. Pursuant to this, an LGU, like
the City of Davao, can not claim exemption from the coverage of PD 1586. As a
body politic endowed with governmental functions, an LGU has the duty to
ensure the quality of the environment, which is the very same objective of PD
1586. Further, it is a rule of statutory construction that every part of a statute must
be interpreted with reference to the context, i.e., that every part must be considered
with other parts, and kept subservient to the general intent of the enactment. Section
4 of PD 1586 clearly states that “no person, partnership or corporation shall
undertake or operate any such declared environmentally critical project or area
without first securing an Environmental Compliance Certificate issued by the
President or his duly authorized representative.” The Civil Code defines a person as
either natural or juridical. The state and its political subdivisions, i.e., the local
government units are juridical persons. Undoubtedly therefore, local government
units are not excluded from the coverage of PD 1586. Lastly, very clear in Section
1 of PD 1586 that said law intends to implement the policy of the state to achieve a
balance between socio-economic development and environmental protection, which
are the twin goals of sustainable development. The first paragraph of the Whereas
clause of the law stresses that this can only be possible if we adopt a comprehensive
and integrated environmental protection program where all the sectors of the
community are involved, i.e., the government and the private sectors. The local
government units, as part of the machinery of the government, cannot therefore
be deemed as outside the scope of the EIS system.

3.REMEDIAL LAW; EVIDENCE; FACTUAL FINDINGS OF THE TRIAL COURT, GENERALLY RESPECTED;
EXCEPTIONS. — The trial court, after a consideration of the evidence, found that the Artica Sports
Dome is not within an environmentally critical area. Neither is it an environmentally critical project. It
is axiomatic that factual findings of the trial court, when fully supported by the
evidence on record, are binding upon this Court and will not be disturbed on
appeal. This Court is not a trier of facts. There are exceptional instances when this Court may
disregard factual findings of the trial court, namely: a) when the conclusion is a finding grounded
entirely on speculations, surmises, or conjectures; b) when the inference made is manifestly mistaken,
absurd, or impossible; c) where there is a grave abuse of discretion; d) when the judgment is based on
a misapprehension of facts; e) when the findings of fact are conflicting; f) when the Court of Appeals,
in making its findings, went beyond the issues of the case and the same are contrary to the
admissions of both appellant and appellee; g) when the findings of the Court of Appeals are contrary
to those of the trial court; h) when the findings of fact are conclusions without citation of specific
evidence on which they are based; i) when the finding of fact of the Court of Appeals is premised on
the supposed absence of evidence but is contradicted by the evidence on record; and j) when the
Court of Appeals manifestly overlooked certain relevant facts not disputed by the parties and which, if
properly considered, would justify a different conclusion. None of these exceptions, however, obtain
in this case.

4.ID.; SPECIAL CIVIL ACTIONS; MANDAMUS; PROPER FOR THE PERFORMANCE OF A MINISTERIAL
DUTY. — The Artica Sports Dome in Langub is not classified as environmentally
critical, or within an environmentally critical area. Consequently, the DENR has
no choice but to issue the Certificate of Non-Coverage. It becomes its ministerial
duty, the performance of which can be compelled by writ of mandamus, such as
that issued by the trial court in the case at bar.
FACTS:

1. August 11, 2000- respondent filed an application for a Certificate of Non-Coverage (CNC) for
its proposed project, the “Davao City Artica Sports Dome”, with the EMB- Region XI ;
attached to the application
2. EMB Region XI denied the application after finding that the proposed project was within an
environmentally critical area
a. Basis: Section 2, Presidential Decree No. 1586, otherwise known as the
Environmental Impact Statement System, in relation to Section 4 of Presidential
Decree No. 1151, also known as the Philippine Environment Policy  the City of
Davao must undergo the environmental impact assessment (EIA) process to secure
an Environmental Compliance Certificate (ECC), before it can proceed with the
construction of its project
3. Respondent filed a petition for mandamus and injunction with the RTC of Davao with the ff.
Allegations:
a. project was neither an environmentally critical project nor within an
environmentally critical area
b. it was the ministerial duty of the DENR to issue a CNC in favor of respondent upon
submission of the required documents
4. RTC ruled in favour of the City of Davao and hence directed the DENR to issue the CNC for
the project (PD 1586 as basis)
a. Ratio:
i. there is nothing in PD 1586, in relation to PD 1151 and Letter of Instruction
No. 1179 (prescribing guidelines for compliance with the EIA system),
which requires LGUs to comply with the EIS law.
ii. Only agencies and instrumentalities of the national government, including
GOCC’s, as well as private corporations, firms and entities are mandated to
go through the EIA process for their proposed projects which have
significant effect on the quality of the environment.
iii. A local government unit, not being an agency or instrumentality of the
National Government, is deemed excluded under the principle of expressio
unius est exclusio alterius
iv. based on the certifications of the DENR- CENRO, site for the Artica Sports
Dome was not within an environmentally critical area  . It therefore
becomes mandatory for the DENR, through the EMB Region XI, to approve
respondent's application for CNC after it has satisfied all the requirements
for its issuance
5. Petitioner filed a MR but it was denied.
6. Hence, this petition.

*Notes:

 Sec. 15, RA 7160 (LGC) –

o local government unit as a body politic and corporate endowed with powers to be
exercised by it in conformity with law.
o performs dual functions, governmental (those that concern the health, safety and
the advancement of the public good or welfare as affecting the public generally )
and proprietary (those that seek to obtain special corporate benefits or earn
pecuniary profit and intended for private advantage and benefit)
o RULES:
  When exercising governmental powers and performing governmental
duties, an LGU is an agency of the national government
 When engaged in corporate activities, it acts as an agent of the community
in the administration of local affairs.
 Sec. 16, RA 7160 (LGC) – duty of the LGUs to promote the people's right to a balanced ecology
o an LGU, like the City of Davao, can not claim exemption from the coverage of PD
1586
o As a body politic endowed with governmental functions, an LGU has the duty to
ensure the quality of the environment, which is the very same objective of PD 158

ISSUE:

WON the LGU’s are excluded from the coverage of PD 1586, one which requires an environmental
impact assessment (EIA) process to secure an Environmental Compliance Certificate (ECC)

HELD:

No.

1.) Section 4 of PD 1586 - "no person, partnership or corporation shall undertake or operate
any such declared environmentally critical project or area without first securing an
Environmental Compliance Certificate issued by the President or his duly authorized
representative."
a. LGU’s are juridical persons
2.) Section 1 of PD 1586 - law intends to implement the policy of the state to achieve a balance
between socio-economic development and environmental protection, which are the twin
goals of sustainable development
a. Whereas clause stresses that this can only be possible if we adopt a comprehensive
and integrated environmental protection program where all the sectors of the
community are involved, i.e., the government and the private sectors. The local
government units, as part of the machinery of the government, cannot therefore be
deemed as outside the scope of the EIS system.
3.) HOWEVER, after consideration of the evidence finding Artica Sports Dome is not within an
environmentally critical area neither being a critical project... findings of the trial court
becomes binding with the SC
4.) The Artica Sports Dome in Langub does not come close to any of the projects or areas
enumerated in Presidential 2146 (proclaiming areas and types of projects as environmentally
critical and w/in scope of the EIS). Neither is it analogous to any of them. It is clear, therefore,
that the said project is not classified as environmentally critical, or within an environmentally
critical area. Consequently, the DENR has no choice but to issue the Certificate of
Non-Coverage. It becomes its ministerial duty, the performance of which can be compelled
by writ of mandamus, such as that issued by the trial court in the case at bar. ^ TC affirmed ^

Top News: CALL TO FINISH DAVAO'S ARTICA DOME PROJECT

REVIVED (May 1, 2014 News Article)

Fresh efforts are underway to press for the completion of the

P225-million Artica Sports Dome in Davao City that has been
abandoned by the local government since 2001.
The move to revive the Artica issue was launched in social media by
Jovencio Cainong who described himself as a real estate broker at
Megadavao Realty.

Cainong said the Artica project was a “collateral damage” of the political
feud between Mayor Rodrigo Duterte and former Mayor Benjamin de
Guzman.

• ‘Corruption’

De Guzman, mayor from 1998 to 2001, started building the Artica

dome later in his term but failed to finish the project before he stepped
down. It could have been the first modern sports facility in Davao City.
The USEP Dome was built much later, or through 2009-2010 on the
initiative of then House Speaker Prospero Nograles. His son, now
Congressman Karlo Nograles, finished the project.

Duterte, who reassumed the mayoral post after beating De Guzman in

the 2011 elections, alleged that the Artica dome project was “tainted
with corruption.”

Duterte went to the extent of calling the project as “monument of

corruption” during the campaign that saw him beat De Guzman by
some 30,000 votes.

When Duterte reassumed the mayoralty post, he was not able to prove
the graft charges he outlined during the campaign.

Duterte’s 2001 to 2010 administration even paid the monthly

amortization for the Artica dome project. The project was built from
loan proceeds extended by Land Bank of the Philippines.

Duterte justified the payment, nevertheless.

“Davao City is paying because you took out a loan that required Land
Bank to pay the contractor. The City Government has to pay because
it’s a legal obligation and the bank is nowhere at fault. You gave
authority to the bank to pay, thus it’s not the fault of the bank that you
hatched up this deal with Archipelago Builder. Do not try to evade the
issue, we are both lawyers, we both know that the city is obliged to pay,”
Duterte once said in his television program. It was his response to De
Guzman’s claims that the mere fact the City Government has
continually been paying for the project is enough proof that the Artica
Dome project is not irregular.

• Fault line
A separate claim by the Duterte that the dome project is a “hazard”
being on top of a “fault line” was likewise unsubstantiated.

Duterte, just the same, has repeatedly invoked an investigation that

purportedly show that the dome sits on a fault line, is very near a ravine
and that the construction materials used were substandard.

“Ang mga poste hiwi pud. Lousy gyud pagkabuhat (The posts are
crooked. The construction work is lousy),” Duterte said of the Artica.

Cainong, however, would say that this is disproven by the fact that the
Duterte administration approved a housing project beside the Artica
dome site. The realtor noted that if the would-be residents would be
permanently safe beside the Artica, then it could be said that the
temporary occupants of the doma will be as safe.

Executive Order No. 292 [BOOK

IV/Title XIV/Chapter 1-General
Provisions]
Signed on July 25, 1987

TITLE XIV

Environment and Natural Resources

CHAPTER 1

General Provisions

SECTION 1. Declaration of Policy.—(1) The State shall ensure, for the benefit of the
Filipino people, the full exploration and development as well as the judicious
disposition, utilization, management, renewal and conservation of the country’s forest,
mineral, land, waters, fisheries, wildlife, off-shore areas and other natural resources,
consistent with the necessity of maintaining a sound ecological balance and protecting
and enhancing the quality of the environment and the objective of making the
exploration, development and utilization of such natural resources equitably
accessible to the different segments of the present as well as future generations.
(2) The State shall likewise recognize and apply a true value system that takes into
account social and environmental cost implications relative to the utilization,
development and conservation of our natural resources.

SECTION 2. Mandate.—(1) The Department of Environment and Natural Resources

shall be primarily responsible for the implementation of the foregoing policy.

(2) It shall, subject to law and higher authority, be in charge of carrying out the State’s
constitutional mandate to control and supervise the exploration, development,
utilization, and conservation of the country’s natural resources.

SECTION 3. Guidelines for Implementation.—In the discharge of its responsibility

the Department shall be guided by the following objectives:

(1) Assure the availability and sustainability of the country’s natural resources
through judicious use and systematic restoration or replacement, whenever possible;

(2) Increase the productivity of natural resources in order to meet the demands for the
products from forest, mineral, land and water resources of a growing population;

(3) Enhance the contribution of natural resources for achieving national economic and
social development;

(4) Promote equitable access to natural resources by the different sectors of the
population; and

(5) Conserve specific terrestrial and marine areas representative of the Philippine
natural and cultural heritage for present and future generations.

SECTION 4. Powers and Functions.—The Department shall:

(1) Advise the President and the Congress on the enactment of laws relative to the
exploration, development, use, regulation and conservation of the country’s natural
resources and the control of pollution;

(2) Formulate, implement and supervise the implementation of the government’s

policies, plans, and programs pertaining to the management, conservation,
development, use and replenishment of the country’s natural resources;

(3) Promulgate rules and regulations in accordance with law governing the
exploration, development, conservation, extraction, disposition, use and such other
commercial activities tending to cause the depletion and degradation of our natural
resources;

(4) Exercise supervision and control over forest lands, alienable and disposable public
lands, mineral resources and, in the process of exercising such control, impose
appropriate taxes, fees, charges, rentals and any such form of levy and collect such
revenues for the exploration, development, utilization or gathering of such resources;

(5) Undertake the exploration, assessment, classification and inventory of the

country’s natural resources, using ground surveys, remote sensing and complementary
technologies;

(6) Promote proper and mutual consultation with the private sector on matters
involving natural resources exploration, development, use and conservation;

(7) Undertake geological surveys of the whole country including its territorial waters;

(8) Issue licenses and permits for activities related to the use and development of
aquatic resources, treasure hunting, salvaging of sunken vessels and other similar
activities;

(9) Establish policies and implement programs for the:

(a) Accelerated inventory, survey and classification of lands, forest and mineral
resources, using appropriate technology, to be able to come up with a more accurate
assessment of resource quality and quantity;

(b) Equitable distribution of natural resources through the judicious administration,

regulation, utilization, development and conservation of public lands, forest, water
and mineral resources (including mineral reservation areas), that would benefit a
greater number of Filipinos;

(c) Promotion, development and expansion of natural resource-based industries;

(d) Preservation of cultural and natural heritage through wildlife conservation and
segregation of national parks and other protected areas;

(e) Maintenance of a wholesome natural environment by enforcing environmental

protection laws; and

(f) Encouragement of greater people participation and private initiative in rural

resource management;

(10) Promulgate rules and regulations necessary to:

(a) Accelerate cadastral and emancipation patent surveys, land use planning and
public land titling;

(b) Harness forest resources in a sustainable manner, to assist rural development,

support forest-based industries, and provide raw materials to meet increasing demands,
at the same time keeping adequate reserves for environmental stability;
(c) Expedite mineral resources surveys, promote the production of metallic and
non-metallic minerals and encourage mineral marketing;

(d) Assure conservation and judicious and sustainable development of aquatic

resources.

(11) Assess, review and provide direction to, in coordination with concerned
government agencies, energy research and development programs, including
identification of sources of energy and determination of their commercial feasibility
for development;

(12) Regulate the development, disposition, extraction, exploration and use of the
country’s forest, land, water and mineral resources;

(13) Assume responsibility for the assessment, development, protection, licensing and
regulation as provided for by law, where applicable, of all energy and natural
resources; the regulation and monitoring of service contractors, licensees, lessees, and
permit for the extraction, exploration, development and use of natural resources
products; the implementation of programs and measures with the end in view of
promoting close collaboration between the government and the private sector; the
effective and efficient classification and sub-classification of lands of the public
domain; and the enforcement of natural resources and environmental laws, rules and
regulations;

(14) Promulgate rules, regulations and guidelines on the issuance of licenses, permits,
concessions, lease agreements and such other privileges concerning the development,
exploration and utilization of the country’s marine, freshwater, and brackish water
and over all aquatic resources of the country and shall continue to oversee, supervise
and police our natural resources; cancel or cause to cancel such privileges upon
failure, non-compliance or violations of any regulation, order, and for all other causes
which are in furtherance of the conservation of natural resources and supportive of the
national interest;

(15) Exercise exclusive jurisdiction on the management and disposition of all lands of
the public domain and serve as the sole agency responsible for classification,
sub-classification, surveying and titling of lands in consultation with appropriate
agencies;

(16) Implement measures for the regulation and supervision of the processing of
forest products, grading and inspection of lumber and other forest products and
monitoring of the movement of timber and other forest products;

(17) Promulgate rules and regulations for the control of water, air and land pollution;

(18) Promulgate ambient and effluent standards for water and air quality including the
allowable levels of other pollutants and radiations;
(19) Promulgate policies, rules and regulations for the conservation of the country’s
genetic resources and biological diversity, and endangered habitats;

(20) Formulate an integrated, multi-sectoral, and multi-disciplinary National

Conservation Strategy, which will be presented to the Cabinet for the President’s
approval;

(21) Perform such other functions as may be provided by law.

SECTION 5. Organizational Structure.—The Department shall consist of the

Department Proper, the Staff Offices, the Staff Bureaus, and the Regional Offices,
Provincial Offices and Community Offices.

CHAPTER 2

The Department Proper

SECTION 6. Composition.—The Department Proper shall be composed of the Office

of the Secretary, the Offices of the Undersecretaries and Assistant Secretaries, and the
Public Affairs Office, Special Concerns Office, and the Pollution Adjudication Board.

SECTION 7. Office of the Secretary.—The Office of the Secretary shall consist of

the Secretary and his immediate staff.

SECTION 8. The Secretary.—The Secretary shall:

(1) Advise the President on the promulgation of rules, regulations and other issuances
relative to the conservation, management, development and proper use of the
country’s natural resources;

(2) Establish policies and standards for the efficient and effective operations of the
Department in accordance with the programs of the government;

(3) Promulgate rules, regulations and other issuances necessary in carrying out the
Department’s mandate, objectives, policies, plans, programs and projects.

(4) Exercise supervision and control over all functions and activities of the
Department;

(5) Delegate authority for the performance of any administrative or substantive

function to subordinate officials of the Department; and

(6) Perform such other functions as may be provided by law or assigned by the
President.

SECTION 9. Undersecretaries.—The Secretary shall be assisted by five (5)

Undersecretaries upon the recommendation of the Secretary. The Secretary is hereby
authorized to delineate, assign and/or reassign the respective functional areas of
responsibility of each Undersecretary, Provided, That such responsibility shall be with
respect to the mandate and objectives of the Department; and Provided, further, That
no Undersecretary shall be assigned primarily administrative responsibilities. Within
his functional area of responsibility, an Undersecretary shall have the following
functions:

(1) Advise the Secretary in the promulgation of Department orders, administrative

orders and other issuances, with respect to his area of responsibility;

(2) Exercise supervision and control over the offices, services, operating units and
officers and employees under his responsibility;

(3) Promulgate rules and regulations, consistent with Department policies, that will
efficiently and effectively govern the activities of units under his responsibility;

(4) Coordinate the functions and activities of the units under his responsibility with
those of other units under the responsibility of other Undersecretaries;

(5) Exercise such authority on substantive and administrative matters related to the
functions and activities of units under his responsibility to the extent granted by the
Secretary through administrative issuances; and

(6) Perform such other functions as may be provided by law or assigned by the
Secretary.

SECTION 10. Assistant Secretaries.—The Secretary and the Undersecretaries shall,

in the formulation, management and implementation of natural resources laws,
policies, plans, and programs and projects, also be assisted by seven (7) Assistant
Secretaries who shall be responsible for the following: one (1) for Policy and
Planning Studies, one (1) for Foreign-Assisted and Special Projects, one (1) for Field
Operations in Luzon, one (1) for Field Operations in the Visayas, and one (1) for
Field Operations in Mindanao, one (1) for Legal Affairs, and one (1) for Management
Services.

SECTION 11. Public Affairs Office.—The Public Affairs Office, under the Office of
the Secretary, shall be headed by a Director to be assisted by an Assistant Director,
and shall serve as the public information arm of the Department. It shall be
responsible for disseminating information on natural resources development policies,
plans, programs and projects and respond to public queries related to the development
and conservation of natural resources.

SECTION 12. Special Concerns Office.—The Special Concerns Office, also under
the Office of the Secretary, shall be headed by a Director to be assisted by an
Assistant Director, and shall be responsible for handling priority areas or subjects
identified by the Secretary which necessitate special and immediate attention.
SECTION 13. Pollution Adjudication Board.—The Pollution Adjudication Board,
under the Office of the Secretary, shall be composed of the Secretary as Chairman,
two Undersecretaries as may be designated by the Secretary, the Director of
Environmental Management, and three others to be designated by the Secretary as
members. The Board shall assume the powers and functions of the
Commission/Commissioners of the National Pollution Control Commission with
respect to the adjudication of pollution cases under Republic Act 3931 and
Presidential Decree 984, particularly with respect to Section 6 letters (e), (f), (g), (j),
(k) and (p) of P.D. 984. The Environmental Management Bureau shall serve as the
Secretariat of the Board. These powers and functions may be delegated to the regional
officers of the Department in accordance with rules and regulations to be promulgated
by the Board.

CHAPTER 3

The Staff Sectoral Bureaus

SECTION 14. Forest Management Bureau.—The Forest Management

Bureau shall be headed by a Director and assisted by an Assistant Director, and shall
integrate and absorb the powers of the Bureau of Forest Development and the Wood
Industry Development Authority which were abolished by Executive Order No. 131,
except those line functions and powers thereof which are transferred to the regional
field office.

It shall advise the Secretary on matters pertaining to forest development and

conservation. As its primary functions, it shall:

(1) Recommend policies and/or programs for the effective protection, development,
occupancy, management and conservation of forest lands and watersheds, including
the grazing and mangrove areas; reforestation and rehabilitation of critically denuded
or degraded forest reservations, improvement of water resource use and development,
development of national parks, preservation of wilderness areas, game refuges and
wildlife sanctuaries, ancestral lands, wilderness areas and other natural preserves,
development of forest plantations, including rattan, bamboo, and other valuable
non-timber forest resources; and rationalization of the wood-based industries,
regulation of the utilization and exploitation of forest resources, including wildlife, to
ensure continuous supply of forest and goods and services;

(2) Advise the regional offices in the implementation of the above policies and/or
programs;

(3) Develop plans, programs, operating standards and administrative measures to

promote the Bureau’s objectives and functions;

(4) Assist in the monitoring and evaluation of forestry and watershed development
projects to ensure efficiency and effectiveness;
(5) Undertake studies on the economics of forestry and forest-based industries,
including supply and demand trends on the local, national and international levels,
identifying investment problems and opportunities in various areas; and

(6) Perform such other functions as may be provided by law or assigned by the
Secretary.

SECTION 15. Lands Management Bureau.—The Lands Management Bureau,

to be headed by a Director and assisted by an Assistant Director, shall absorb the
functions and powers of the Bureau of Lands abolished by Executive Order No. 131,
except those line functions and powers thereof which are transferred to the regional
field offices.

It shall advise the Secretary on matters pertaining to rational land management and
disposition and shall have the following functions:

(1) Recommend policies and programs for the efficient and effective administration,
surveys, management and disposition of alienable and disposable lands of the public
domain and other lands outside the responsibilities of other government agencies,
such as reclaimed areas and other areas not needed for or are not being utilized for the
purposes for which they have been established;

(2) Advise the Regional Offices on the efficient and effective implementation of
policies, programs and projects for more effective public lands management;

(3) Assist in the monitoring and evaluation of land surveys, management and
disposition of lands to ensure efficiency and effectiveness thereof;

(4) Issue standards, guidelines, regulations and orders to enforce policies for the
maximization of land use and development;

(5) Develop operating standards and procedures to promote the Bureau’s objectives
and functions; and

(6) Perform such other functions as may be provided by law or assigned by the
Secretary.

SECTION 16. Mines and Geo-Sciences Bureau.—The Mines and

Geo-Sciences Bureau, to be headed by a Director and assisted by an Assistant
Director shall absorb the functions of the Bureau of Mines and Geo-Sciences, Mineral
Reservations Development Board, and the Gold Mining Industry Development Board
which were abolished by Executive Order No. 131, except line functions and powers
thereof which are transferred to the regional field offices.

It shall advise the Secretary on matters pertaining to geology and mineral resources
exploration, development, utilization and conservation and shall:
(1) Recommend policies, regulations or programs pertaining to mineral resources
development and geology;

(2) Advise the Secretary on the granting of mining rights and contracts over areas
containing metallic and non-metallic mineral resources;

(3) Advise the Regional Offices on the effective implementation of mineral

development and conservation programs as well as geological surveys;

(4) Recommend policies, regulations and oversee the development and exploitation of
mineral resources of the sea within the country’s jurisdiction such as silica sand, gold
placer, magnetic and chromite sand, etc;

(5) Assist in the monitoring and evaluation of the Bureau’s programs and projects to
ensure efficiency and effectiveness thereof;

(6) Develop and promulgate standards and operating procedures on mineral resources
development and geology;

(7) Supervise and control the development and packaging of nationally applicable
technologies on geological survey, mineral resource assessment, mining and
metallurgy; the provision of geological, metallurgical, chemical and rock mechanics
laboratory services; the conduct of marine geological and geophysical survey and
natural exploration drilling programs; and

(8) Perform such other functions as may be provided by law or assigned by the
Secretary.

SECTION 17. Environmental Management Bureau.—The Environmental

Management Bureau, to be headed by a Director who shall be assisted by an Assistant
Director shall, subject to the provisions of this Code relative to the Pollution
Adjudication Board, absorb and integrate the powers and functions of the National
Environmental Protection Council, the National Pollution Control Commission, and
the Environmental Center of the Philippines which are hereby abolished.

It shall advise the Secretary on matters relating to environmental management,

conservation, and pollution control, and shall:

(1) Recommend possible legislation, policies and programs for environmental

management and pollution control;

(2) Advise the Regional Offices in the efficient and effective implementation of
policies, programs, and projects for the effective and efficient environmental
management and pollution control;

(3) Formulate environmental quality standards such as the quality standards for water,
air, land, noise and radiations;
(4) Recommend rules and regulations for environmental impact assessments and
provide technical assistance for their implementation and monitoring;

(5) Formulate rules and regulations for the proper disposition of solid wastes, toxic
and hazardous substances;

(6) Advise the Secretary on the legal aspects of environmental management and
pollution control and assist in the conduct of public hearings in pollution cases;

(7) Provide secretariat assistance to the Pollution Adjudication Board;

(8) Coordinate the inter-agency committees that may be created for the preparation of
the State of the Philippine Environment Report and the National Conservation
Strategy;

(9) Provide assistance to the Regional Offices in the formulation and dissemination of
information on environmental and pollution matters to the general public;

(10) Assist the Secretary and the Regional Officers by providing technical assistance
in the implementation of environmental and pollution laws; and

(11) Provide scientific assistance to the Regional Offices in the conduct of

environmental research programs.

SECTION 18. Ecosystems Research and Development Bureau.—The

Ecosystems Research and Development Bureau, to be headed by a Director and
assisted by an Assistant Director, shall absorb the powers and functions of the Forest
Research Institute and the National Mangrove Committee, which are hereby
abolished.

It shall:

(1) Formulate and recommend an integrated research program relating to Philippine

ecosystems and natural resources such as minerals, lands, forests, as holistic and
interdisciplinary fields of inquiry;

(2) Assist the Secretary in determining a system of priorities for the allocation of
resources to various technological research programs of the department;

(3) Provide technical assistance in the implementation and monitoring of the

aforementioned research programs;

(4) Generate technologies and provide scientific assistance in the research and
development of technologies relevant to the sustainable uses of Philippine ecosystems
and natural resources; and
(5) Assist the Secretary in the evaluation of the effectiveness of the implementation of
the integrated research program.

The Ecosystems Research and Development Bureau shall directly manage and
administer the Forest Research Institute Research Offices, laboratories, and forest
experiment stations located at UP Los Baños and such other field laboratories as the
Secretary may assign to its direct supervision. The Bureau shall coordinate all
technological researches undertaken by the field offices, assess and translate all
recommendable findings and disseminate such findings for all possible users and
clientele.

SECTION 19. Protected Areas and Wildlife Bureau.—The Protected Areas

and Wildlife Bureau, to be headed by a Director and assisted by an Assistant Director,
shall absorb the Division of Parks and Wildlife and the Marine Parks Program of the
Bureau of Forest Development as well as the Calauit Game Preserve and Wildlife
Sanctuary, Presidential Committee on the Conservation of Tamaraw, Ninoy Aquino
Parks and Wildlife Center (formerly Parks and Wildlife Nature Center), shares in
Kabuhayan Program and Agro Forestry State Projects of the KKK Processing
Authority, all national parks, wildlife sanctuaries and game preserves previously
managed and administered by the Ministry of Human Settlements including National
Parks Reservation situated in the provinces of Bulacan, Rizal, Laguna and Quezon
formerly declared as Bagong Lipunan Sites of said Ministry, Magat Forest
Reservation and Mt. Arayat National Park, formerly with the Ministry of Tourism.

The Bureau shall:

(1) Formulate and recommend policies, guidelines, rules and regulations for the
establishment and management of an Integrated Protected Areas Systems such as
national parks, wildlife sanctuaries and refuge, marine parks, and biospheric reserves;

(2) Formulate and recommend policies, guidelines, rules and regulations for the
preservation of biological diversity, genetic resources, the endangered Philippine flora
and fauna;

(3) Prepare an up-to-date listing of endangered flora and fauna and recommend a
program of conservation and propagation of the same;

(4) Assist the Secretary in the monitoring and assessment of the management of the
Integrated Protected Areas System and provide technical assistance to the Regional
Offices in the implementation of programs for these areas; and

(5) Perform such other functions as may be provided by law or assigned by the
Secretary.

CHAPTER 4

The Department Field Offices

SECTION 20. Field Offices of the Department.—The field offices of the Department
are the Environmental and Natural Resources Regional Offices in the thirteen (13)
administrative regions of the country; the Environment and Natural Resources
Provincial Office in every province, and the Community Office in every municipality,
whenever deemed necessary.

SECTION 21. Environment and Natural Resources Regional Office.—A Regional

Office shall be directly under the supervision and control of the Undersecretary for
Field Operations and shall be headed by a Regional Executive Director (with the rank
of Regional Director) who shall be assisted by five (5) Assistant Regional Technical
Directors, (with the rank of Assistant Regional Director), one (1) each for Forestry,
for Lands Management, for Mines and Geo-Sciences, Environmental Management
and Ecosystems Research, respectively, and who shall be Career Executive Service
Officers.

An Environment and Natural Resources Regional Office shall be located in the

identified regional capital and shall have the following functions:

(1) Implement laws, policies, plans, programs, projects, rules and regulations of the
Department to promote the sustainability and productivity of natural resources, social
equity in natural resource utilization and environmental protection;

(2) Provide efficient and effective delivery of services to the people;

(3) Coordinate with regional offices of other departments, offices, agencies in the
region and local government units in the enforcement of natural resource conservation
laws and regulations, and in the formulation/implementation of natural resource
programs and projects;

(4) Recommend and, upon approval, implement programs and projects on forestry,
minerals, and land management and disposition;

(5) Conduct a comprehensive inventory of natural resources in the region and

formulate regional short and long-term development plans for the conservation,
utilization and replacement of natural resources;

(6) Evolve respective regional budget in conformity with the priorities established by
the Regional Development Councils;

(7) Supervise the processing of natural resources products, grade and inspect minerals,
lumber and other wood processed products, and monitor the movement of these
products;

(8) Conduct field researches for appropriate technologies recommended for various
projects; and
(9) Perform such other functions as may be provided by law or assigned by the
Secretary.

SECTION 22. Provincial and Community Offices.—The Natural resources

provincial and community offices shall each be headed by a provincial natural
resource officer and community natural resource officer, respectively. They shall take
over the functions of the district offices of the former Bureau of Forest Development,
Bureau of Lands, and Bureau of Mines and Geo-Sciences.

CHAPTER 5

Attached Agencies and Corporations

SECTION 23. Attached Agencies and Corporations.—The following agencies and

corporations shall be attached to and under the administrative supervision of the
Department:

(1) National Mapping and Research Information Authority;

(2) National Electrification Administration; and

(3) National Resources Development Corporation.

The agencies attached to the Department shall continue to operate and function in
accordance with the respective laws creating them, except as otherwise provided in
this Code.

ANTONIO G. PRINCIPE vs. FACT-FINDING AND INTELLIGENCE

BUREAU (FFIB), OFFICE OF THE OMBUDSMAN[G.R. No. 145973,
January 23, 2002]PARDO, J:

FACTS: On February 19, 1991, then City Mayor of Antipolo City, Daniel
S. Garcia, endorsed the Philjas Corporation to the Housing and Land
Use Regulatory Board (HLURB) for the creation, development and sale
of lots of the Cherry Hills Subdivision (CHS) located in the
abovementioned city. Thereafter, Philjas was issued different permits
and documents for purposes of proceeding with the project. Eventually,
a Small Scale Mining Permit (SSMP) was issued to Philjas to extract and
remove 10,000 cu. Meters of filling materials from the area where the
proposed subdivision is to be constructed. However, another
respondent (in the CA case) informed Philjas that CHS is within the EIS
System and as such must secure ECC from the DENR. Subsequently,
Philjas applied for an ECC permit. Upon the recommendation of one of
the subordinates of herein petitioner, the latter approved Philjas
application for an ECC permit. The petitioner approved the same based
from the Inspection Report conducted by petitioners subordinates. The
Ombudsman rendered a decision finding the petitioner Principe
administratively liable for Gross Neglect of Duty and imposed upon him
the penalty of dismissal from office. The CA affirmed the Ombudsman’s
decision. Hence, this petition.

ISSUE: Whether or not the Ombudsman may dismiss petitioner from

the service on an administrative charge for gross neglect of duty,
initiated, investigated and decided by the Ombudsman himself without
substantial evidence to support his findings of gross neglect of duty
because the duty to monitor and inspect the project was not vested in
the petitioner.

HELD: NO. DAO 38-1990 specifically points out the functions of the
office attached to the petitioner and nowhere in it can be found the
latters responsibility of monitoring housing and land development
projects. The Ombudsman, without taking into consideration the
lawfully mandated duties and functions attached to petitioners position,
immediately concluded that as the signing and approving authority of
the ECC issued to Philjas, it was incumbent upon the petitioner to
conduct actual monitoring and enforce strict compliance with the terms
of the ECC. Hence, how could petitioner be guilty of neglecting a duty,
which is not even his to begin with? Administrative liability could not be
based on the fact that petitioner was the person who signed and
approved the ECC, without proof of actual act or omission constituting
neglect of duty. In the absence of substantial evidence of gross neglect
of petitioner, administrative liability could not be based on the principle
of command responsibility. The negligence of the petitioners
subordinates is not tantamount to his own negligence. It was not within
the mandated responsibilities of petitioner to conduct actual
monitoring of projects. The principles governing public officers under
the Revised Administrative Code of 1987 clearly provide that a head of a
department or a superior officer shall not be civilly liable for the
wrongful acts, omissions of duty, negligence, or misfeasance of his
subordinates, unless he has actually authorized by written order the
specific act or misconduct complained of.

PD 984 - Pollution Control Law

- a revision of RA 3931 (The Pollution Control Law and for Other
Purposes) - June 18, 1964

- Statement of Policy - It is hereby declared a national policy to prevent,

abate and control pollution of water, air and land for the more effective
utilization of the resources of this country.

- Definition of Terms

- Creation of the National Pollution Control Commission

- under the Executive Department

- Commission - (1) Commissioner; (2) Full-time Deputy

Commissioners which shall be appointed by the President

- Commissioner - a man of proven executive ability; preferably a

sanitary engineer or a lawyer; must have technical expertise in the field
of pollution control;

- Inter-Agency Advisory Council

HEAD: NPCC (Commission)

Below: Representatives

Laguna Lake Development Authority

National Economic and Development Authority

National Science Development Board

Human Settlements Commission

Under Representatives:

[designated by] Secretaries of:

Department of Agriculture

Department of Health

Department of Trade and Industry

Department of Justice

Department of Labor
 LGU

Community Development

National Defense

Natural Resources

Public Works

- Organization of the Commission

- Divisions:

- Water Pollution Control Division

- Air Control Division

- Legal Division

- Administrative Division

- Other Division that may be created pursuant to the budget

allocation of the General Appropriations Act

- Powers and Functions [of the Commission]

- Public Hearing [Procedural Matters]

1. Public Hearing

- to be conducted by the Commission prior to issuance or

promulgation of any order or decision by the Commissioner
requiring the discontinuance of discharge of sewage, industrial
wastes, or other wastes into the water, air, or land resources of the
Philippines

- Should there be prima facie evidence that there is immediate

threat to life, public health, safety or welfare, OR to animal or plant
life, OR shall exceed the allowable standards set by the Commission,
it may issue an ex parte order directing the discontinuance of the
same or the temporary suspension or cessation of operation of the
establishment or person generating such wastes WITHOUT NEED
FOR A PUBLIC HEARING. The ex parte order shall be immediately
executory and shall remain in full force until said establishment or
person prevents or abates the said pollution

- Quasi judicial function; not bounded by technical rules on

evidence; with contempt powers

2. Appeal to Courts

- absence appeal, decision of the of Commission shall become

final 15days after the date of notification

- judicial review shall be permitted only after any party claiming

to be aggrieved thereby has exhausted the remedies before the
Commission, which must be impleaded as party.

3. Court Review

4.

5.