ARTICLE II

ARTICLE II

DECLARATION OF PRINCIPLES AND STATE POLICIES

Section 15. The State shall protect and promote the right to health of the people and
instill health consciousness among them.

Section 16. The State shall protect and advance the right of the people to a balanced
and healthful ecology in accord with the rhythm and harmony of nature.

Section 22. The State recognizes and promotes the rights of indigenous cultural communities
within the framework of national unity and development.

ARTICLE XII

National Economy and Patrimony

SECTION 1. The goals of the national economy are 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; and an expanding
productivity as the key to raising the quality of life for all, especially the underprivileged.

The State shall promote industrialization and full employment based on sound
agricultural development and agrarian reform, through industries that make full and
efficient use of human and natural resources, and which are competitive in both
domestic and foreign markets. However, the State shall protect Filipino enterprises
against unfair foreign competition and trade practices.

In the pursuit of these goals, all sectors of the economy and all regions of the country
shall be given optimum opportunity to develop. Private enterprises, including
corporations, cooperatives, and similar collective organizations, shall be encouraged to
broaden the base of their ownership.

SECTION 2. All lands of the public domain, waters, minerals, coal, petroleum, and other
mineral oils, all forces of potential energy, fisheries, forests or timber, wildlife, flora and
fauna, and other natural resources are owned by the State. With the exception of
agricultural lands, all other natural resources shall not be alienated. The exploration,
development, and utilization of natural resources shall be under the full control and
supervision of the State. The State may directly undertake such activities, or it may
enter into co-production, joint venture, or production-sharing agreements with Filipino
citizens, or corporations or associations at least sixty per centum of whose capital is
owned by such citizens. Such agreements may be for a period not exceeding twenty-
five years, renewable for not more than twenty-five years, and under such terms and
conditions as may be provided by law. In cases of water rights for irrigation, water
supply, fisheries, or industrial uses other than the development of water power,
beneficial use may be the measure and limit of the grant.

The State shall protect the nation’s marine wealth in its archipelagic waters, territorial
sea, and exclusive economic zone, and reserve its use and enjoyment exclusively to
Filipino citizens.

The Congress may, by law, allow small-scale utilization of natural resources by Filipino
citizens, as well as cooperative fish farming, with priority to subsistence fishermen and
fishworkers in rivers, lakes, bays, and lagoons.

The President may enter into agreements with foreign-owned corporations involving
either technical or financial assistance for large-scale exploration, development, and
utilization of minerals, petroleum, and other mineral oils according to the general terms
and conditions provided by law, based on real contributions to the economic growth and
general welfare of the country. In such agreements, the State shall promote the
development and use of local scientific and technical resources.

The President shall notify the Congress of every contract entered into in accordance
with this provision, within thirty days from its execution.

SECTION 3. Lands of the public domain are classified into agricultural, forest or timber,
mineral lands, and national parks. Agricultural lands of the public domain may be further
classified by law according to the uses which they may be devoted. Alienable lands of
the public domain shall be limited to agricultural lands. Private corporations or
associations may not hold such alienable lands of the public domain except by lease,
for a period not exceeding twenty-five years, renewable for not more than twenty-five
years, and not to exceed one thousand hectares in area. Citizens of the Philippines may
lease not more than five hundred hectares, or acquire not more than twelve hectares
thereof by purchase, homestead, or grant.

Taking into account the requirements of conservation, ecology, and development, and
subject to the requirements of agrarian reform, the Congress shall determine, by law,
the size of lands of the public domain which may be acquired, developed, held, or
leased and the conditions therefor.

SECTION 4. The Congress shall, as soon as possible, determine by law the specific
limits of forest lands and national parks, marking clearly their boundaries on the ground.
Thereafter, such forest lands and national parks shall be conserved and may not be
increased nor diminished, except by law. The Congress shall provide, for such period as
it may determine, measures to prohibit logging in endangered forests and watershed
areas.

SECTION 5. The State, subject to the provisions of this Constitution and national
development policies and programs, shall protect the rights of indigenous cultural
communities to their ancestral lands to ensure their economic, social, and cultural well-
being.

The Congress may provide for the applicability of customary laws governing property
rights or relations in determining the ownership and extent of ancestral domain.

SECTION 6. The use of property bears a social function, and all economic agents shall
contribute to the common good. Individuals and private groups, including corporations,
cooperatives, and similar collective organizations, shall have the right to own, establish,
and operate economic enterprises, subject to the duty of the State to promote
distributive justice and to intervene when the common good so demands.

ARTICLE XIII

Agrarian and Natural Resources Reform

SECTION 6. The State shall apply the principles of agrarian reform or stewardship,
whenever applicable in accordance with law, in the disposition or utilization of other
natural resources, including lands of the public domain under lease or concession
suitable to agriculture, subject to prior rights, homestead rights of small settlers, and the
rights of indigenous communities to their ancestral lands.

The State may resettle landless farmers and farmworkers in its own agricultural estates
which shall be distributed to them in the manner provided by law.

SECTION 7. The State shall protect the rights of subsistence fishermen, especially of
local communities, to the preferential use of local marine and fishing resources, both
inland and offshore. It shall provide support to such fishermen through appropriate
technology and research, adequate financial, production, and marketing assistance, and
other services. The State shall also protect, develop, and conserve such resources. The
protection shall extend to offshore fishing grounds of subsistence fishermen against
foreign intrusion. Fishworkers shall receive a just share from their labor in the utilization
of marine and fishing resources.

Article XII

SECTION 4. The Congress shall, as soon as possible, determine by law the specific limits of
forest lands and national parks, marking clearly their boundaries on the ground. Thereafter,
such forest lands and national parks shall be conserved and may not be increased nor
diminished, except by law. The Congress shall provide, for such period as it may determine,
measures to prohibit logging in endangered forests and watershed areas.

PD 1152
Section 17. Upgrading of Water Quality. Where the quality of water has deteriorated to a degree
where its state will adversely affect its best usage, the government agencies concerned shall take
such measures as may be necessary to upgrade the quality of such water to meet the prescribed
water quality standards.

Section 20. Clean-up Operations. It shall be the responsibility of the polluter to contain, remove and
clean up water pollution incidents at his own expense. In case of his failure to do so, the government
agencies concerned shall undertake containment, removal and clean-up operations and expenses
incurred in said operations shall be charged against the persons and/or entities responsible for such
pollution.

Section 43. Waste Management Programs. Preparation and implementation of waste management

program shall be required of all provinces, cities and municipalities. The Department of Local
Government and Community Development shall promulgate guidelines for the formulation and
establishment of waste management programs.

Every waste management program shall include the following:

(a) an orderly system of operation consistent with the needs of the area concerned;

(b) a provision that the operation will not create pollution of any kind or will constitute public
nuisance;

(c) a system for a safe and sanitary disposal of waste;

(d) a provision that existing plans affecting the development, use and protection of air, water
or natural resources shall be considered;

(e) schedules and methods of implementing the development, construction and operation of
the plan together with the estimated costs; and

(f) a provision for the periodic revision of the program to ensure its effective implementation.

Section 49. Dumping into the Sea and Other Navigable Waters. The dumping or disposal of solid
wastes into the sea and any body of water in the Philippines, including shorelines and river banks,
where these wastes are likely to be washed into the water is prohibited. However, dumping of solid
wastes or other materials into the sea or any navigable waters shall be permitted in case of
immediate or imminent danger to life and property, subject to the rules and regulations of the
Philippine Coast Guard and the National Pollution Control Commission.

Government agencies and private entities which are undertaking solid waste management programs
shall make consultations with the government agencies concerned with respect to the effects of such
dumping to the marine environment and navigation.

Section 53. Environmental Education. The Department of Education and Culture shall integrate

subjects on environmental education in its school curricula at all levels. It shall also endeavor to
conduct special community education emphasizing the relationship of man and nature as well as
environmental sanitation and practices.

The Council and other government agencies implementing environmental protection laws in
coordination with public information agencies of the government shall undertake public information
activities for the purpose of stimulating awareness and encouraging involvement in environmental
protection.
Section 62. Definition of Terms. As used in this Code:

(a) "Ambient Air Quality" means the average atmospheric purity as distinguished from

discharge measurements taken at the source of pollution. It is the general amount of
pollution present in a broad area.

(b) "Emission" means the act of passing into the atmosphere an air contaminant, pollutant,
gas stream and unwanted sound from a known source.

(c) "Water Quality" means the characteristics of water which define its use in terms of
physical, chemical and biological contents; hence the quality of water for domestic use is
different from industrial use.

(d) "Water Quality Surveillance" means a close and continuous supervision of the water

quality to detect development movements or changes in the characteristics of the water.

(e) "Water Quality Standard" means a plan that is established by governmental authority as a

program for water pollution prevention and abatement. Such a standard may include water
use classification and the criteria to support the uses of the water.

(f) "Effluent Standards" means restrictions established to limit levels of concentration of

physical, chemical and biological constituents which are discharged from point sources.

(g) "Clean-up Operations" refers to activities conducted in removing the pollutants

discharged or spilled in water to restore it to pre-spill condition.

(h) "Accidental Spills" refers to spills of oil or other hazardous substances in water that result
from accidents involving the carriers of such substance such as collisions and grounding.

(i) "Areas of Critical Environmental Concern" are areas where uncontrolled development

could result in irreparable damage to important historic, cultural, or aesthetic values or
natural systems or processes of national significance.

(j) "Hazardous Substances" means elements or compounds which when discharged in any

quantity present imminent or substantial danger to public health and welfare.

(k) "Areas Impacted by Public Facilities" refers to areas where the introduction of public

facilities may tend to induce development and urbanization of more than local significance or
impact.

(l) "Environmental Impact" is the alteration, to any degree, of environmental conditions or the

creation of a new set of environmental conditions, adverse or beneficial, to be induced or
caused by a proposed project.

(m) "Government Agencies" refers to national, local and regional agencies and

instrumentalities including government-owned and controlled corporations.

RA 10174
Section 2. Declaration of Policy. – It is the policy of the State to afford full protection and the
advancement of the right of the people to a healthful ecology in accord with the rhythm and harmony
of nature. In this light, the State has adopted the Philippine Agenda 21 framework which espouses
sustainable development, to fulfill human needs while maintaining the quality of the natural
environment for current and future generations.

Towards this end, the State adopts the principle of protecting the climate system for the benefit of
humankind, on the basis of climate justice or common but differentiated responsibilities and the
Precautionary Principle to guide decision-making in climate risk management. As a party to the
United Nations Framework Convention on Climate Change, the State adopts the ultimate objective
of the Convention which is the stabilization of greenhouse gas concentrations in the atmosphere at a
level that would prevent dangerous anthropogenic interference with the climate system which should
be achieved within a time frame sufficient to allow ecosystems to adapt naturally to climate change,
to ensure that food production is not threatened and to enable economic development to proceed in
a sustainable manner.  As a party to the Hyogo Framework for Action, the State likewise adopts the
1awphil

strategic goals in order to build national and local resilience to climate change-related disasters.

Recognizing the vulnerability of the Philippine archipelago and its local communities, particularly the
poor, women, and children, to potential dangerous consequences of climate change such as rising
seas, changing landscapes, increasing frequency and/or severity of droughts, fires, floods and
storms, climate-related illnesses and diseases, damage to ecosystems, biodiversity loss that affect
the country’s environment, culture, and economy, the State shall cooperate with the global
community in the resolution of climate change issues, including disaster risk reduction. It shall be the
policy of the State to enjoin the participation of national and local governments, businesses,
nongovernment organizations, local communities and the public to prevent and reduce the adverse
impacts of climate change and, at the same time, maximize the benefits of climate change. It shall
also be the policy of the State to incorporate a gender-sensitive, pro-children and pro-poor
perspective in all climate change and renewable energy efforts, plans and programs. In view thereof,
the State shall strengthen, integrate, consolidate and institutionalize government initiatives to
achieve coordination in the implementation of plans and programs to address climate change in the
context of sustainable development.

Further recognizing that climate change and disaster risk reduction are closely interrelated and
effective disaster risk reduction will enhance climate change adaptive capacity, the State shall
integrate disaster risk reduction into climate change programs and initiatives.

Cognizant of the need to ensure that national and subnational government policies, plans, programs
and projects are founded upon sound environmental considerations and the principle of sustainable
development, it is hereby declared the policy of the State to systematically integrate the concept of
climate change in various phases of policy formulation, development plans, poverty reduction
strategies and other development tools and techniques by all agencies and instrumentalities of the
government.

Section 3. Definition of Terms. – For purposes of this Act, the following shall have the corresponding
meanings:

(a) “Adaptation” refers to the adjustment in natural or human systems in response to actual

or expected climatic stimuli or their effects, which moderates harm or exploits beneficial
opportunities.

(b) “Adaptive capacity” refers to the ability of ecological, social or economic systems to

adjust to climate change including climate variability and extremes, to moderate or offset
potential damages and to take advantage of associated opportunities with changes in
climate or to cope with the consequences thereof.

(c) “Anthropogenic causes” refer to causes resulting from human activities or produced by

human beings.

(d) “Climate Change” refers to a change in climate that can be identified by changes in the

mean and/or variability of its properties and that persists for an extended period typically
decades or longer, whether due to natural variability or as a result of human activity.

(e) “Climate Variability” refers to the variations in the average state and in other statistics
of the climate on all temporal and spatial scales beyond that of individual weather events.

(f) “Climate Risk” refers to the product of climate and related hazards working over the
vulnerability of human and natural ecosystems.

(g) “Disaster” refers to a serious disruption of the functioning of a community or a society

involving widespread human, material, economic or environmental losses and impacts which
exceed the ability of the affected community or society to cope using its own resources.

(h) “Disaster risk reduction” refers to the concept and practice of reducing disaster risks
through systematic efforts to analyze and manage the causal factors of disasters, including
through reduced exposure to hazards, lessened vulnerability of people and property, wise
management of land and the environment, and improved preparedness for adverse events.

(i) “Gender mainstreaming” refers to the strategy for making women’s as well as men’s

concerns and experiences an integral dimension of the design, implementation, monitoring,
and evaluation of policies and programs in all political, economic, and societal spheres so
that women and men benefit equally and inequality is not perpetuated. It is the process of
assessing the implications for women and men of any planned action, including legislation,
policies, or programs in all areas and at all levels.

(j) “Global Warming” refers to the increase in the average temperature of the Earth’s near-
surface air and oceans that is associated with the increased concentration of greenhouse
gases in the atmosphere.

(k) “Greenhouse effect” refers to the process by which the absorption of infrared radiation

by the atmosphere warms the Earth.

(l) “Greenhouse gases (GHG)” refers to constituents of the atmosphere that contribute to

the greenhouse effect including, but not limited to, carbon dioxide, methane, nitrous oxide,
hydrofluorocarbons, perfluorocarbons and sulfur hexafluoride.

(m) “Mainstreaming” refers to the integration of policies and measures that address climate

change into development planning and sectoral decision-making.

(n) “Mitigation” in the context of climate change, refers to human intervention to address

anthropogenic emissions by sources and removals by sinks of all GHG, including ozone-
depleting substances and their substitutes.
 (o) “Mitigation potential” shall refer to the scale of GHG reductions that could be made,
relative to emission baselines, for a given level of carbon price (expressed in cost per unit of
carbon dioxide equivalent emissions avoided or reduced).

(p) “Sea level rise” refers to an increase in sea level which may be influenced by factors like
global warming through expansion of sea water as the oceans warm and melting of ice over
land and local factors such as land subsidence.

(q) “Vulnerability” refers to the degree to which a system is susceptible to, or unable to

cope with, adverse effects of climate change, including climate variability and extremes.
Vulnerability is a function of the character, magnitude, and rate of climate change and
variation to which a system is exposed, its sensitivity, and its adaptive capacity.

Section 4. Creation of the Climate Change Commission. – There is hereby established a Climate
Change Commission, hereinafter referred to as the Commission.

The Commission shall be an independent and autonomous body and shall have the same status as
that of a national government agency. It shall be attached to the Office of the President.

The Commission shall be the sole policy-making body of the government which shall be tasked to
coordinate, monitor and evaluate the programs and action plans of the government relating to
climate change pursuant to the provisions of this Act.

The Commission shall be organized within sixty (60) days from the effectivity of this Act.

Section 5. Composition of the Commission. – The Commission shall be composed of the President
of the Republic of the Philippines who shall serve as the Chairperson, and three (3) Commissioners
to be appointed by the President, one of whom shall serve as the Vice Chairperson of the
Commission.

The Commission shall have an advisory board composed of the following:

(a) Secretary of the Department of Agriculture;

(b) Secretary of the Department of Energy;

(c) Secretary of the Department of Environment and Natural Resources;

(d) Secretary of the Department of Education;

(e) Secretary of the Department of Foreign Affairs;

(f) Secretary of the Department of Health;

(g) Secretary of the Department of the Interior and Local Government;

(h) Secretary of the Department of National Defense, in his capacity as Chair of the National
Disaster Coordinating Council;

(i) Secretary of the Department of Public Works and Highways;

 (j) Secretary of the Department of Science and Technology;

(k) Secretary of the Department of Social Welfare and Development;

(l) Secretary of the Department of Trade and Industry;

(m) Secretary of the Department of Transportation and Communications;

(n) Director-General of the National Economic and Development Authority, in his capacity as
Chair of the Philippine Council for Sustainable Development;

(o) Director-General of the National Security Council;

(p) Chairperson of the National Commission on the Role of Filipino Women;

(q) President of the League of Provinces;

(r) President of the League of Cities;

(s) President of the League of Municipalities;

(t) President of the Liga ng mga Barangay;

(u) Representative from the academe;

(v) Representative from the business sector; and

(w) Representative from nongovernmental organizations.

At least one (1) of the sectoral representatives shall come from the disaster risk reduction
community.

The representatives shall be appointed by the President from a list of nominees submitted by their
respective groups. They shall serve for a term of six (6) years without reappointment unless their
representation is withdrawn by the sector they represent. Appointment to any vacancy shall be only
for the unexpired term of the predecessor.

Only the ex officio members of the advisory board shall appoint a qualified representative who shall
hold a rank of no less than an Undersecretary.

Section 9. Powers and Functions of the Commission. – The Commission shall have the following
powers and functions:

(a) Ensure the mainstreaming of climate change, in synergy with disaster risk reduction, into
the national, sectoral and local development plans and programs;

(b) Coordinate and synchronize climate change programs of national government agencies;
 (c) Formulate a Framework Strategy on Climate Change to serve as the basis for a program
for climate change planning, research and development, extension, and monitoring of
activities on climate change;

(d) Exercise policy coordination to ensure the attainment of goals set in the framework
strategy and program on climate change;

(e) Recommend legislation, policies, strategies, programs on and appropriations for climate
change adaptation and mitigation and other related activities;

(f) Recommend key development investments in climate- sensitive sectors such as water
resources, agriculture, forestry, coastal and marine resources, health, and infrastructure to
ensure the achievement of national sustainable development goals;

(g) Create an enabling environment for the design of relevant and appropriate risk-sharing
and risk-transfer instruments;

(h) Create an enabling environment that shall promote broader multi-stakeholder

participation and integrate climate change mitigation and adaptation;

(i) Formulate strategies on mitigating GHG and other anthropogenic causes of climate
change;

(j) Coordinate and establish a close partnership with the National Disaster Coordinating
Council in order to increase efficiency and effectiveness in reducing the people’s vulnerability
to climate-related disasters;

(k) In coordination with the Department of Foreign Affairs, represent the Philippines in the
climate change negotiations;

(l) Formulate and update guidelines for determining vulnerability to climate change impacts
and adaptation assessments and facilitate the provision of technical assistance for their
implementation and monitoring;

(m) Coordinate with local government units (LGUs) and private entities to address
vulnerability to climate change impacts of regions, provinces, cities and municipalities;

(n) Facilitate capacity building for local adaptation planning, implementation and monitoring
of climate change initiatives in vulnerable communities and areas;

(o) Promote and provide technical and financial support to local research and development
programs and projects in vulnerable communities and areas; and

(p) Oversee the dissemination of information on climate change, local vulnerabilities and
risks, relevant laws and protocols and adaptation and mitigation measures.

Section 10. Panel of Technical Experts. – The Commission shall constitute a national panel of
technical experts consisting of practitioners in disciplines that are related to climate change,
including disaster risk reduction.
The Panel shall provide technical advice to the Commission in climate science, technologies, and
best practices for risk assessment and enhancement of adaptive capacity of vulnerable human
settlements to potential impacts of climate change.

The Commission shall set the qualifications and compensation for the technical experts. It shall
provide resources for the operations and activities of the Panel.

Section 11. Framework Strategy and Program on Climate Change. – The Commission shall, within
six (6) months from the effectivity of this Act, formulate a Framework Strategy on Climate Change.
The Framework shall serve as the basis for a program for climate change planning, research and
development, extension, and monitoring of activities to protect vulnerable communities from the
adverse effects of climate change.

The Framework shall be formulated based on climate change vulnerabilities, specific adaptation
needs, and mitigation potential, and in accordance with the international agreements.

The Framework shall be reviewed every three (3) years, or as may be deemed necessary.

Section 12. Components of the Framework Strategy and Program on Climate Change. – The
Framework shall include, but not limited to, the following components:

(a) National priorities;

(b) Impact, vulnerability and adaptation assessments;

(c) Policy formulation;

(d) Compliance with international commitments;

(e) Research and development;

(f) Database development and management;

(g) Academic programs, capability building and mainstreaming;

(h) Advocacy and information dissemination;

(i) Monitoring and evaluation; and

(j) Gender mainstreaming.

Section 13. National Climate Change Action Plan. – The Commission shall formulate a National
Climate Change Action Plan in accordance with the Framework within one (1) year after the
formulation of the latter.

The National Climate Change Action Plan shall include, but not limited to, the following components:

(a) Assessment of the national impact of climate change;

 (b) The identification of the most vulnerable communities/areas, including ecosystems to the
impacts of climate change, variability and extremes;

(c) The identification of differential impacts of climate change on men, women and children;

(d) The assessment and management of risk and vulnerability;

(e) The identification of GHG mitigation potentials; and

(f) The identification of options, prioritization of appropriate adaptation measures for joint
projects of national and local governments.

Section 14. Local Climate Change Action Plan. – The LGUs shall be the frontline agencies in the
formulation, planning and implementation of climate change action plans in their respective areas,
consistent with the provisions of the Local Government Code, the Framework, and the National
Climate Change Action Plan.

Barangays shall be directly involved with municipal and city governments in prioritizing climate
change issues and in identifying and implementing best practices and other solutions. Municipal and
city governments shall consider climate change adaptation, as one of their regular functions.
Provincial governments shall provide technical assistance, enforcement and information
management in support of municipal and city climate change action plans. Inter-local government
unit collaboration shall be maximized in the conduct of climate- related activities.

LGUs shall regularly update their respective action plans to reflect changing social, economic, and
environmental conditions and emerging issues. The LGUs shall furnish the Commission with copies
of their action plans and all subsequent amendments, modifications and revisions thereof, within one
(1) month from their adoption. The LGUs shall mobilize and allocate necessary personnel, resources
and logistics to effectively implement their respective action plans.

The local chief executive shall appoint the person responsible for the formulation and
implementation of the local action plan.

It shall be the responsibility of the national government to extend technical and financial assistance
to LGUs for the accomplishment of their Local Climate Change Action Plans.

The LGU is hereby expressly authorized to appropriate and use the amount from its Internal
Revenue Allotment necessary to implement said local plan effectively, any provision in the Local
Government Code to the contrary notwithstanding.

Section 15. Role of Government Agencies. – To ensure the effective implementation of the

framework strategy and program on climate change, concerned agencies shall perform the following
functions:

(a) The Department of Education (DepED) shall integrate climate change into the primary
and secondary education curricula and/or subjects, such as, but not limited to, science,
biology, sibika, history, including textbooks, primers and other educational materials, basic
climate change principles and concepts;

(b) The Department of the Interior and Local Government (DILG) and Local Government
Academy shall facilitate the development and provision of a training program for LGUs in
 climate change. The training program shall include socioeconomic, geophysical, policy, and
other content necessary to address the prevailing and forecasted conditions and risks of
particular LGUs. It shall likewise focus on women and children, especially in the rural areas,
since they are the most vulnerable;

(c) The Department of Environment and Natural Resources (DENR) shall oversee the
establishment and maintenance of a climate change information management system and
network, including on climate change risks, activities and investments, in collaboration with
other concerned national government agencies, institutions and LGUs;

(d) The Department of Foreign Affairs (DFA) shall review international agreements related to
climate change and make the necessary recommendation for ratification and compliance by
the government on matters pertaining thereto;

(e) The Philippine Information Agency (PIA) shall disseminate information on climate change,
local vulnerabilities and risk, relevant laws and protocols and adaptation and mitigation
measures; and

(f) Government financial institutions, shall, any provision in their respective charters to the
contrary notwithstanding, provide preferential financial packages for climate change- related
projects. In consultation with the Bangko Sentral ng Pilipinas (BSP), they shall, within thirty
(30) days from the effectivity of this Act, issue and promulgate the implementing guidelines
therefor.

The Commission shall evaluate, recommend the approval of loans and monitor the use of said funds
of LGUs.

Section 16. Coordination with Various Sectors. – In the development and implementation of the
National Climate Change Action Plan, and the local action plans, the Commission shall coordinate
with the nongovernment organizations (NGOs), civic organizations, academe, people’s
organizations, the private and corporate sectors and other concerned stakeholder groups.

Section 17. Authority to Receive Donations and/or Grants. – The Commission is hereby authorized
to accept grants, contributions, donations, endowments, bequests, or gifts in cash, or in kind from
local and foreign sources in support of the development and implementation of climate change
programs and plans: Provided, That in case of donations from foreign governments, acceptance
thereof shall be subject to prior clearance and approval of the President of the Philippines upon
recommendation of the Secretary of Foreign Affairs: Provided, further, That such donations shall not
be used to fund personal services expenditures and other operating expenses of the Commission.

The proceeds shall be used to finance:

(a) Research, development, demonstration and promotion of technologies;

(b) Conduct of assessment of vulnerabilities to climate change impacts, resource inventory,

and adaptation capability building;

(c) Advocacy, networking and communication activities in the conduct of information

campaign; and
 (d) Conduct of such other activities reasonably necessary to carry out the objectives of this
Act, as may be defined by the Commission.

Section 18. Funding Allocation for Climate Change. – All relevant government agencies and LGUs
shall allocate from their annual appropriations adequate funds for the formulation, development and
implementation, including training, capacity building and direct intervention, of their respective
climate change programs and plans. It shall also include public awareness campaigns on the effects
of climate change and energy-saving solutions to mitigate these effects, and initiatives, through
educational and training programs and micro-credit schemes, especially for women in rural areas. In
subsequent budget proposals, the concerned offices and units shall appropriate funds for
program/project development and implementation including continuing training and education in
climate change. 1avvphi1

Section 19. Joint Congressional Oversight Committee. – There is hereby created a Joint

Congressional Oversight Committee to monitor the implementation of this Act. The Oversight
Committee shall be composed of five (5) Senators and five (5) Representatives to be appointed by
the Senate President and the Speaker of the House of Representatives, respectively. The Oversight
Committee shall be co-chaired by a Senator and a Representative to be designated by the Senate
President and the Speaker of the House of Representatives, respectively. Its funding requirement
shall be charged against the appropriations of Congress.

Section 20. Annual Report. – The Commission shall submit to the President and to both Houses of
Congress, not later than March 30 of every year following the effectivity of this Act, or upon the
request of the Congressional Oversight Committee, a report giving a detailed account of the status
of the implementation of this Act, a progress report on the implementation of the National Climate
Change Action Plan and recommend legislation, where applicable and necessary. LGUs shall
submit annual progress reports on the implementation of their respective local action plan to the
Commission within the first quarter of the following year.

Section 21. Appropriations. – The sum of Fifty million pesos (Php50,000,000.00) is hereby

appropriated as initial operating fund in addition to the unutilized fund of the Presidential Task Force
on Climate Change and the Office of the Presidential Adviser on Global Warming and Climate
Change. The sum shall be sourced from the President’s contingent fund.

Thereafter, the amount necessary to effectively carry out the provisions of this Act shall be included
in the annual General Appropriations Act.

Section 22. Implementing Rules and Regulations. – Within ninety (90) days after the approval of this
Act, the Commission shall, upon consultation with government agencies, LGUs, private sector,
NGOs and civil society, promulgate the implementing rules and regulations of this Act: Provided,
That failure to issue rules and regulations shall not in any manner affect the executory nature of the
provisions of this Act.

Section 23. Transitory Provisions. – Upon the organization of the Commission, the Presidential Task
Force on Climate Change created under Administrative Order No. 171 and the Inter-Agency
Committee on Climate Change created by virtue of Administrative Order No. 220, shall be abolished:
Provided, That their powers and functions shall be absorbed by the Commission: Provided, further,
That the officers and employees thereof shall continue in a holdover capacity until such time as the
new officers and employees of the Commission shall have been duly appointed pursuant to the
provisions of this Act. All qualified regular or permanent employees who may be transferred to the
Commission shall not suffer any loss in seniority or rank or decrease in emoluments. Any employee
who cannot be absorbed by the Commission shall be entitled to a separation pay under existing
retirement laws.

Section 24. Separability Clause. – If for any reason any section or provision of this Act is declared
as unconstitutional or invalid, the other sections or provisions hereof shall not be affected thereby.

Section 25. Repealing Clause. – All laws, ordinances, rules and regulations, and other issuances or
parts thereof which are inconsistent with this Act are hereby repealed or modified accordingly.

Article 425. Property of private ownership, besides the patrimonial

property of the State, provinces, cities, and municipalities, consists of all
property belonging to private persons, either individually or collectively.

Article 427. Ownership may be exercised over things or rights. (n)

Article 428. The owner has the right to enjoy and dispose of a thing, without other
limitations than those established by law. The owner has also a right of action
against the holder and possessor of the thing in order to recover it. (348a)

Article 429. The owner or lawful possessor of a thing has the right to exclude any
person from the enjoyment and disposal thereof. For this purpose, he may use such
force as may be reasonably necessary to repel or prevent an actual or threatened
unlawful physical invasion or usurpation of his property. (n)

Article 1113. All things which are within the commerce of men are
susceptible of prescription, unless otherwise provided. Property of the
State or any of its subdivisions not patrimonial in character shall not be
the object of prescription. (1936a)

Article 1134. Ownership and other real rights over immovable property
are acquired by ordinary prescription through possession of ten years.
(1957a)
When the Public Land Act was first promulgated in 1936, the period of possession deemed
necessary to vest the right to register their title to agricultural lands of the public domain commenced
from July 26, 1894. However, this period was amended by R.A. [Republic Act] No. 1942, which
provided that the bona fide claim of ownership must have been for at least thirty (30) years. Then in
1977, Section 48(b) of the Public Land Act was again amended, this time by P.D. No. 1073, which
pegged the reckoning date at June 12, 1945. This new starting point is concordant with Section
14(1) of the Property Registration Decree.