Republic Act No. 9417 REPUBLIC ACT NO. 9147 AN ACT PROVIDING FOR THE CONSERVATION AND PROTECTION OF WILDLIFE RESOURCES AND THEIR HABITATS, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES CHAPTER I General Provisions SECTION 1. Title. This Act shall be known as the Wildlife Resources Conservation and Protection Act. SECTION 2. Declaration of Policy. It shall be the policy of the State to conserve the countrys wildlife resources and their habitats for sustainability. In the pursuit of this policy, this Act shall have the following objectives: (a) to conserve and protect wildlife species and their habitats to promote ecological balance and enhance biological diversity; (b) to regulate the collection and trade of wildlife; (c) to pursue, with due regard to the national interest, the Philippine commitment to international conventions, protection of wildlife and their habitats; and (d) to initiate or support scientific studies on the conservation of biological diversity. SECTION 3. Scope of Application. The provisions of this Act shall be enforceable for all wildlife species found in all areas of the country, including protected areas under Republic Act No. 7586, otherwise known as the National Integrated Protected Areas System (NIPAS) Act, and critical habitats. This Act shall also apply to exotic species which are subject to trade, are cultured, maintained and/or bred in captivity or propagated in the country. SECTION 4. Jurisdiction of the Department of Environment and Natural Resources and the Department of Agriculture. The Department of Environment and Natural Resources (DENR) shall have jurisdiction over all terrestrial plant and animal species, all turtles and tortoises and wetland species, including but not limited to crocodiles, waterbirds and all amphibians and dugong. The Department of Agriculture (DA) shall have jurisdiction over all declared aquatic critical habitats, all aquatic resources, including but not limited to all fishes, aquatic plants, invertebrates and all marine mammals, except dugong. The secretaries of the DENR and the DA shall review, and, by joint administrative order, revise and regularly update the list of species under their respective jurisdiction. In the Province of Palawan, jurisdiction herein conferred is vested to the Palawan Council for Sustainable Development pursuant to Republic Act No. 7611. CHAPTER II Definition of Terms SECTION 5. Definition of Terms. As used in this Act, the term: (a) Bioprospecting means the research, collection and utilization of biological and genetic resources for purposes of applying the knowledge derived therefrom solely for commercial purposes; (b) By-product or derivatives means any part taken or substance extracted from wildlife, in raw or in processed form. This includes stuffed animals and herbarium specimens; (c) Captive-breeding/culture or propagation means the process of producing individuals under controlled conditions or with human interventions; (d) Collection or collecting means the act of gathering or harvesting wildlife, its by-products or derivatives; (e) Conservation means preservation and sustainable utilization of wildlife, and/or maintenance, restoration and enhancement of the habitat; (f) Critically endangered species refers to a species or subspecies that is facing extremely high risk of extinction in the wild in the immediate future; (g) Economically important species means species which have actual or potential value in trade or utilization for commercial purpose; (h) Endangered species refers to species or subspecies that is not critically endangered but whose survival in the wild is unlikely if the causal factors continue operating; (i) Endemic species means species or subspecies which is naturally occurring and found only within specific areas in the country; (j) Exotic species means species or subspecies which do not naturally occur in the country; (k) Export permit refers to a permit authorizing an individual to bring out wildlife from the Philippines to any other country; (l) Gratuitous permit means permit issued to any individual or entity engaged in noncommercial scientific or educational undertaking to collect wildlife; (m) Habitat means a place or environment where a species or subspecies naturally occur or has naturally established its population; (n) Import permit refers to a permit authorizing an individual to bring in wildlife from another country; (o) Indigenous wildlife means species or subspecies of wildlife naturally occurring or has naturally established population in the country; (p) Introduction means bringing species into the wild that is outside its natural habitat; (q) Reexport permit refers to a permit authorizing an individual to bring out of the country a previously imported wildlife; (r) Secretary means either or both the Secretary of the Department of Environment and Natural Resources and the Secretary of the Department of Agriculture; (s) Threatened species a general term to denote species or subspecies considered as critically endangered, endangered, vulnerable or other accepted categories of wildlife whose population is at risk of extinction; (t) Trade means the act of engaging in the exchange, exportation or importation, purchase or sale of wildlife, their derivatives or by-products, locally or internationally; (u) Traditional use means utilization of wildlife by indigenous people in accordance with written or unwritten rules, usage, customs and practices traditionally observed, accepted and recognized by them; (v) Transport permit means a permit issued authorizing an individual to bring wildlife from one place to another within the territorial jurisdiction of the Philippines; (w) Vulnerable species refers to species or subspecies that is not critically endangered nor endangered but is under threat from adverse factors throughout their range and is likely to move to the endangered category in the near future; (x) Wildlife means wild forms and varieties of flora and fauna, in all developmental stages, including those which are in captivity or are being bred or propagated; (y) Wildlife collectors permit means a permit to take or collect from the wild certain species and quantities of wildlife for commercial purpose; and (z) Wildlife farm/culture permit means a permit to develop, operate and maintain a wildlife breeding farm for conservation, trade and/or scientific purposes. CHAPTER III Conservation and Protection of Wildlife Resources ARTICLE ONE General Provision SECTION 6. Wildlife Information. All activities, as subsequently manifested under this Chapter, shall be authorized by the Secretary upon proper evaluation of best available information or scientific data showing that the activity is, or for a purpose, not detrimental to the survival of the species or subspecies involved and/or their habitat. For this purpose, the Secretary shall regularly update wildlife information through research. SECTION 7. Collection of Wildlife. Collection of wildlife may be allowed in accordance with Section 6 of this Act: Provided, That in the collection of wildlife, appropriate and acceptable wildlife collection techniques with least or no detrimental effects to the existing wildlife populations and their habitats shall, likewise, be required: Provided, further, That collection of wildlife by indigenous people may be allowed for traditional use and not primarily for trade: Provided, furthermore, That collection and utilization for said purpose shall not cover threatened species: Provided, finally, That Section 23 of this Act shall govern the collection of threatened species. SECTION 8. Possession of Wildlife. No person or entity shall be allowed possession of wildlife unless such person or entity can prove financial and technical capability and facility to maintain said wildlife: Provided, That the source was not obtained in violation of this Act. SECTION 9. Collection and/or Possession of By-Products and Derivatives. By-products and derivatives may be collected and/or possessed: Provided, That the source was not obtained in violation of this Act. SECTION 10. Local Transport of Wildlife, By-Products and Derivatives. Local transport of wildlife, by-products and derivatives collected or possessed through any other means shall be authorized unless the same is prejudicial to the wildlife and public health. SECTION 11. Exportation and/or Importation of Wildlife. Wildlife species may be exported to or imported from another country as may be authorized by the Secretary or the designated representative, subject to strict compliance with the provisions of this Act and rules and regulations promulgated pursuant thereto: Provided, That the recipient of the wildlife is technically and financially capable to maintain it. SECTION 12. Introduction, Reintroduction or Restocking of Endemic or Indigenous Wildlife. The introduction, reintroduction or restocking of endemic and indigenous wildlife shall be allowed only for population enhancement or recovery purposes subject to prior clearance from the Secretary or the authorized representative pursuant to Section 6 of this Act. Any proposed introduction shall be subject to a scientific study which shall focus on the bioecology. The proponent shall also conduct public consultations with concerned individuals or entities. SECTION 13. Introduction of Exotic Wildlife. No exotic species shall be introduced into the country, unless a clearance from the Secretary or the authorized representative is first obtained. In no case shall exotic species be introduced into protected areas covered by Republic Act No. 7586 and to critical habitats under Section 25 hereof. In cases where introduction is allowed, it shall be subject to environmental impact study which shall focus on the bioecology, socioeconomic and related aspects of the area where the species will be introduced. The proponent shall also be required to secure the prior informed consent from the local stakeholders. SECTION 14. Bioprospecting. Bioprospecting shall be allowed upon execution of an undertaking by any proponent, stipulating therein its compliance with and commitment(s) to reasonable terms and conditions that may be imposed by the Secretary which are necessary to protect biological diversity. The Secretary or the authorized representative, in consultation with the concerned agencies, before granting the necessary permit, shall require that prior informed consent be obtained by the applicant from the concerned indigenous cultural communities, local communities, management board under Republic Act No. 7586 or private individual or entity. The applicant shall disclose fully the intent and scope of the bioprospecting activity in a language and process understandable to the community. The prior informed consent from the indigenous peoples shall be obtained in accordance with existing laws. The action on the bioprospecting proposal by concerned bodies shall be made within a reasonable period. Upon submission of the complete requirements, the Secretary shall act on the research proposal within a reasonable period. If the applicant is a foreign entity or individual, a local institution should be actively involved in the research, collection and, whenever applicable and appropriate, in the technological development of the products derived from the biological and genetic resources. SECTION 15. Scientific Researches on Wildlife. Collection and utilization of biological resources for scientific research and not for commercial purposes shall be allowed upon execution of an undertaking/agreement with and issuance of a gratuitous permit by the Secretary or the authorized representative: Provided, That prior clearance from concerned bodies shall be secured before the issuance of the gratuitous permit: Provided, further, That the last paragraph of Section 14 shall likewise apply. SECTION 16. Biosafety. All activities dealing on genetic engineering and pathogenic organisms in the Philippines, as well as activities requiring the importation, introduction; field release and breeding of organisms that are potentially harmful to man and the environment shall be reviewed in accordance with the biosafety guidelines ensuring public welfare and the protection and conservation of wildlife and their habitats. SECTION 17. Commercial Breeding or Propagation of Wildlife Resources. Breeding or propagation of wildlife for commercial purposes shall be allowed by the Secretary or the authorized representative pursuant to Section 6 through the issuance of wildlife farm/culture permit: Provided, That only progenies of wildlife raised, as well as unproductive parent stock shall be utilized for trade: Provided, further, That commercial breeding operations for wildlife, whenever appropriate, shall be subject to an environmental impact study. SECTION 18. Economically Important Species. The Secretary, within one (1) year after the effectivity of this Act, shall establish a list of economically-important species. A population assessment of such species shall be conducted within a reasonable period and shall be regularly reviewed and updated by the Secretary. The collection of certain species shall only be allowed when the results of the assessment show that, despite certain extent of collection, the population of such species can still remain viable and capable of recovering its numbers. For this purpose, the Secretary shall establish a schedule and volume of allowable harvests. Whenever an economically important species become threatened, any form of collection shall be prohibited except for scientific, educational or breeding/propagation purposes, pursuant to the provisions of this Act. SECTION 19. Designation of Management and Scientific Authorities for International Trade in Endangered Species of Wild Fauna and Flora. For the implementation of international agreement on international trade in endangered species of wild fauna and flora, the management authorities for terrestrial and aquatic resources shall be the Protected Areas and Wildlife Bureau (PAWB) of the DENR and the Bureau of Fisheries and Aquatic Resources (BFAR) of the DA, respectively and that in the Province of Palawan the implementation hereof is vested to the Palawan Council for Sustainable Development pursuant to Republic Act No. 7611. To provide advice to the management authorities, there shall be designated scientific authorities for terrestrial and aquatic/marine species. For the terrestrial species, the scientific authorities shall be the Ecosystems Research and Development Bureau (ERDB) of the DENR, the U.P. Institute of Biological Sciences and the National Museum and other agencies as may be designated by the Secretary. For the marine and aquatic species, the scientific authorities shall be the BFAR, the U.P. Marine Science Institute, U.P. Visayas, Silliman University and the National Museum and other agencies as may be designated by the Secretary: Provided, That, in the case of terrestrial species, the ERDB shall chair the scientific authorities, and in the case of marine and aquatic species, the U.P. Marine Science Institute shall chair the scientific authorities. SECTION 20. Authority of the Secretary to Issue Permits. The Secretary or the duly authorized representative, in order to effectively implement this Act, shall issue permits/certifications/clearances with corresponding period of validity, whenever appropriate, which shall include but not limited to the following: (1) Wildlife farm or culture permit 3 to 5 years; (2) Wildlife collectors permit 1 to 3 years; (3) Gratuitous permit 1 year; (4) Local transport permit 1 to 3 months; and (5) Export/Import/Reexport permit 1 to 6 months. These permits may be renewed subject to the guidelines issued by the appropriate agency and upon consultation with concerned groups. SECTION 21. Fees and Charges. Reasonable fees and charges as may be determined upon consultation with the concerned groups, and in the amount fixed by the Secretary shall be imposed for the issuance of permits enumerated in the preceding section. For the export of wildlife species, an export permit fee of not greater than three percentum (3%) of the export value, excluding transport costs, shall be charged: Provided, however, That in the determination of aforesaid fee, the production costs shall be given due consideration. Cutflowers, leaves the like, produced from farms shall be exempted from the said export fee: Provided, further, that fees and charges shall be reviewed by the Secretary every two (2) years or as the need arises and revise the same accordingly, subject to consultation with concerned sectors. ARTICLE TWO Protection of Threatened Species SECTION 22. Determination of Threatened Species. The Secretary shall determine whether any wildlife species or subspecies is threatened, and classify the same as critically endangered, endangered, vulnerable or other accepted categories based on the best scientific data and with due regard to internationally accepted criteria, including but not limited to the following. (a) present or threatened destruction, modification or curtailment of its habitat or range; (b) over-utilization for commercial, recreational, scientific or educational purposes; (c) inadequacy of existing regulatory mechanisms; and (d) other natural or man-made factors affecting the existence of wildlife. The Secretary shall review, revise and publish the list of categorized threatened wildlife within one (1) year after effectivity of this Act. Thereafter, the list shall be updated regularly or as the need arises: Provided, That a species listed as threatened shall not be removed therefrom within three (3) years following its initial listing. Upon filing of a petition based on substantial scientific information of any person seeking for the addition or deletion of a species from the list, the Secretary shall evaluate in accordance with the relevant factors stated in the first paragraph of this section, the status of the species concerned and act on said petition within a reasonable period. The Secretary shall also prepare and publish a list of wildlife which resembles so closely in appearance with listed threatened wildlife, which species shall likewise be categorized as threatened. SECTION 23. Collection of Threatened Wildlife, By-Products and Derivatives. The collection of threatened wildlife, as determined and listed pursuant to this Act, including its by-products and derivatives, shall be allowed only for scientific, or breeding or propagation purposes in accordance with Section 6 of this Act: Provided, That only the accredited individuals, business, research, educational or scientific entities shall be allowed to collect for conservation breeding or propagation purposes. SECTION 24. Conservation Breeding or Propagation of Threatened Species. Conservation breeding or propagation of threatened species shall be encouraged in order to enhance its population in its natural habitat. It shall be done simultaneously with the rehabilitation and/or protection of the habitat where the captive-bred or propagated species shall be released, reintroduced or restocked. Commercial breeding or propagation of threatened species may be allowed provided that the following minimum requirements are met by the applicant, to wit: (a) Proven effective breeding and captive management techniques of the species; and (b) Commitment to undertake commercial breeding in accordance with Section 17 of this Act, simultaneous with conservation breeding. The Secretary shall prepare a list of threatened species for commercial breeding and shall regularly revise or update such list or as the need arises. SECTION 25. Establishment of Critical Habitats. Within two (2) years following the effectivity of this Act, the Secretary shall designate critical habitats outside protected areas under Republic Act No. 7586, where threatened species are found. Such designation shall be made on the basis of the best scientific data taking into consideration species endemicity and/or richness, presence of man-made pressures/threats to the survival of wildlife living in the area, among others. All designated critical habitats shall be protected, in coordination with the local government units and other concerned groups, from any form of exploitation or destruction which may be detrimental to the survival of the threatened species dependent therein. For such purpose, the Secretary may acquire, by purchase, donation or expropriation, lands, or interests therein, including the acquisition of usufruct, establishment of easements or other undertakings appropriate in protecting the critical habitat. ARTICLE THREE Registration of Threatened and Exotic Species SECTION 26. Registration of Threatened and Exotic Wildlife in the Possession of Private Persons. No person or entity shall be allowed possession of wildlife unless such person or entity can prove financial and technical capability and facility to maintain said wildlife. Twelve (12) months after the effectivity of this Act, the Secretary shall set a period, within which persons/entities shall register all threatened species collected and exotic species imported prior to the effectivity of this Act. However, when the threatened species is needed for breeding/propagation or research purposes, the State may acquire the wildlife through a mutually acceptable arrangement. After the period set has elapsed, threatened wildlife possessed without certificate of registration shall be confiscated in favor of the government, subject to the penalties herein provided. All Philippine wildlife which are not listed as threatened prior to the effectivity of this Act but which may later become so, shall likewise be registered during the period set after the publication of the updated list of threatened species. CHAPTER IV Illegal Acts SECTION 27. Illegal Acts. Unless otherwise allowed in accordance with this Act, it shall be unlawful for any person to willfully and knowingly exploit wildlife resources and their habitats, or undertake the following acts: (a) killing and destroying wildlife species, except in the following instances; (i) when it is done as part of the religious rituals of established tribal groups or indigenous cultural communities; (ii) when the wildlife is afflicted with an incurable communicable disease; (iii) when it is deemed necessary to put an end to the misery suffered by the wildlife; (iv) when it is done to prevent an imminent danger to the life or limb of a human being; and (v) when the wildlife is killed or destroyed after it has been used in authorized research or experiments. (b) inflicting injury which cripples and/or impairs the reproductive system of wildlife species; (c) effecting any of the following acts in critical habitat(s): (i) dumping of waste products detrimental to wildlife; (ii) squatting or otherwise occupying any portion of the critical habitat; (iii) mineral exploration and/or extraction; (iv) burning; (v) logging; and (vi) quarrying (d) introduction, reintroduction or restocking of wildlife resources; (e) trading of wildlife; (f) collecting, hunting or possessing wildlife, their by-products and derivatives; (g) gathering or destroying of active nests, nest trees, host plants and the like; (h) maltreating and/or inflicting other injuries not covered by the preceding paragraph; and (i) transporting of wildlife. CHAPTER V Fines and Penalties SECTION 28. Penalties for Violations of this Act. For any person who undertakes illegal acts under paragraph (a) of the immediately preceding section to any species as may be categorized pursuant to this Act, the following penalties and/or fines shall be imposed: (a) imprisonment of a minimum of six (6) years and one (1) day to twelve (12) years and/or a fine of One hundred thousand pesos (100,000.00) to One million pesos (1,000,000.00), if inflicted or undertaken against species listed as critical; (b) imprisonment of four (4) years and one (1) day to six (6) years and/or a fine of Fifty thousand pesos (P50,000.00) to Five hundred thousand pesos (P500,000.00), if inflicted or undertaken against endangered species; (c) imprisonment of two (2) years and one (1) day to four (4) years and/or a fine of Thirty thousand pesos (P30,000.00) to Three hundred thousand pesos (P300,000.00), if inflicted or undertaken against vulnerable species; ADEHTS (d) imprisonment of one (1) year and one (1) day to two (2) years and/or a fine of Twenty thousand pesos (P20,000.00) to Two hundred thousand pesos (P200,000.00), if inflicted or undertaken against other threatened species; and (e) imprisonment of six (6) months and one (1) day to one (1) year and/or a fine of Ten thousand pesos (P10,000.00) to One hundred thousand pesos (P100,000.00), if inflicted or undertaken against other wildlife species. For illegal acts under paragraph (b) of the immediately preceding section, the following penalties and/or fines shall be imposed: (a) imprisonment of a minimum of four (4) years and one (1) day to six (6) years and/or a fine of Fifty thousand pesos (P50,000.00) to Five hundred thousand pesos (P500,000.00), if inflicted or undertaken against species listed as critical; (b) imprisonment of two (2)years and one (1) day to four (4) years and/or a fine of Thirty thousand pesos (P30,000.00) to Two hundred thousand pesos (P200,000.00), if inflicted or undertaken against endangered species; (c) imprisonment of one (1) year and one (1) day to two (2) years and/or a fine of Twenty thousand pesos (P20,000.00) to Two hundred thousand pesos (P200,000.00), if inflicted or undertaken against vulnerable species; (d) imprisonment of six (6) months and one (1) day to one (1) year and/or a fine of Ten thousand pesos (P10,000.00) to Fifty thousand pesos (P50,000.00), if inflicted or undertaken against other threatened species; and (e) imprisonment of one (1) month to six (6) months and/or a fine of Five thousand pesos (P5,000.00) to Twenty thousand pesos (P20,000.00), if inflicted or undertaken against other wildlife species. For illegal acts under paragraphs (c) and (d) of the immediately preceding section, an imprisonment of one (1) month to eight (8) years and/or a fine of Five thousand pesos (P5,000.00) to Five million pesos (P5,000,000.00) shall be imposed. For illegal acts under paragraph (e), the following penalties and/or fines shall be imposed: (a) imprisonment of two (2) years and one (1) day to four (4) years and/or a fine of Five thousand pesos (P5,000.00) to Three hundred thousand pesos (P300,000.00), if inflicted or undertaken against species listed as critical; (b) imprisonment of one (1) year and one (1) day to two (2) years and/or a fine of Two thousand pesos (P2,000.00) to Two hundred thousand pesos (P200,000.00) if inflicted or undertaken against endangered species; (c) imprisonment of six (6) months and one (1) day to one (1) year and/or a fine of One thousand pesos (P1,000.00) to One hundred thousand pesos (P100,000.00), if inflicted or undertaken against vulnerable species; (d) imprisonment of one (1) month and one (1) day to six (6) months and/or a fine of Five hundred pesos (P500.00) to Fifty thousand pesos (P50,000.00), if inflicted or undertaken against species listed as other threatened species; and (e) imprisonment of ten (10) days to one (1) month and/or a fine of Two hundred pesos (P200.00) to Twenty thousand pesos (P20,000.00), if inflicted or undertaken against other wildlife species. For illegal acts under paragraphs (f) and (g) of the immediately preceding section, the following penalties and/or fines shall be imposed: (a) imprisonment of two (2) years and one (1) day to four (4) years and a fine of Thirty thousand pesos (P30,000.00) to Three hundred thousand pesos (P300,000.00), if inflicted or undertaken against species listed as critical; (b) imprisonment of one (1) year and one (1) day to two (2) years and a fine of Twenty thousand pesos (P20,000.00) to Two hundred thousand pesos (P200,000.00), if inflicted or undertaken against endangered species; (c) imprisonment of six (6) months and one (1) day to one (1) year and a fine of Ten thousand pesos (P10,000.00) to One hundred thousand pesos (P100,000.00), if inflicted or undertaken against vulnerable species; (d) imprisonment of one (1) month and one (1) day to six (6) months and a fine of Five thousand pesos (P5,000.00) to Fifty thousand pesos (P50,000.00), if inflicted or undertaken against species listed as other threatened species; and (e) imprisonment of ten (10) days to one (1) month and a fine of One thousand pesos (P1,000.00) to Five thousand pesos (P5,000.00), if inflicted or undertaken against other wildlife species: Provided, That in case of paragraph (f), where the acts were perpetuated through the means of inappropriate techniques and devices, the maximum penalty herein provided shall be imposed. For illegal acts under paragraphs (h) and (i) of the immediately preceding section, the following penalties and/or fines shall be imposed: (a) imprisonment of six (6) months and one (1) day to one (1) year and a fine of Fifty thousand pesos (P50,000.00) to One hundred thousand pesos (P100,000.00), if inflicted or undertaken against species listed as critical species; (b) imprisonment of three (3) months and one (1) day to six (6) months and a fine of Twenty thousand pesos (P20,000.00) to Fifty thousand pesos (P50,000.00), if inflicted or undertaken against endangered species; (c) imprisonment of one (1) month and one (1) day to three (3) months and a fine of Five thousand pesos (P5,000.00) to Twenty thousand pesos (P20,000.00), if inflicted or undertaken against vulnerable species; (d) imprisonment of ten (10) days to one (1) month and a fine of One thousand pesos (P1,000.00) to Five thousand pesos (P5,000.00) if inflicted or undertaken against species listed as other threatened species; (e) imprisonment of five (5) days to ten (10) days and a fine of Two hundred pesos (P200.00) to One thousand pesos (P1,000.00), if inflicted or undertaken against other wildlife species. All wildlife, its derivatives or by-products, and all paraphernalia, tools and conveyances used in connection with violations of this Act, shall be ipso facto forfeited in favor of the government: Provided, That where the ownership of the aforesaid conveyances belong to third persons who has no participation in or knowledge of the illegal acts, the same may be released to said owner. The apprehending agency shall immediately cause the transfer of all wildlife that have been seized or recovered to the nearest Wildlife Rescue Center of the Department in the area. If the offender is an alien, he shall be deported after service of sentence and payment of fines, without any further proceedings. The fines herein prescribed shall be increased by at least ten percent (10%) every three (3) years to compensate for inflation and to maintain the deterrent function of such fines. CHAPTER VI Miscellaneous Provisions SECTION 29. Wildlife Management Fund. There is hereby established a Wildlife Management Fund to be administered by the Department as a special account in the National Treasury. It shall finance rehabilitation or restoration of habitats affected by acts committed in violation of this Act and support scientific research, enforcement and monitoring activities, as well as enhancement of capabilities of relevant agencies. The Fund shall derive from fines imposed and damages awarded, fees, charges, donations, endowments, administrative fees or grants in the form of contributions. Contributions to the Fund shall be exempted from donor taxes and all other taxes, charges or fees imposed by the government. CDEaAI SECTION 30. Deputation of Wildlife Enforcement Officers. The Secretary shall deputize wildlife enforcement officers from nongovernment organizations, citizens groups, community organizations and other volunteers who have undergone the necessary training for this purpose. The Philippine National Police (PNP), the Armed Forces of the Philippines (AFP), the National Bureau of Investigation (NBI) and other law enforcement agencies shall designate wildlife enforcement officers. As such, the wildlife enforcement officers shall have the full authority to seize illegally traded wildlife and to arrest violators of this Act subject to existing laws, rules and regulations on arrest and detention. SECTION 31. Establishment of National Wildlife Research Centers. The Secretary shall establish national wildlife research centers for terrestrial and aquatic species to lead in the conduct of scientific researches on the proper strategies for the conservation and protection of wildlife, including captive breeding or propagation. In this regard, the Secretary shall encourage the participation of experts from academic/research institutions and wildlife industry. SECTION 32. Wildlife Rescue Center. The Secretary shall establish or designate wildlife rescue centers to take temporary custody and care of all confiscated, abandoned and/or donated wildlife to ensure their welfare and well-being. The Secretary shall formulate guidelines for the disposition of wildlife from the rescue centers. SECTION 33. Creation of Wildlife Traffic Monitoring Units. The Secretary shall create wildlife traffic monitoring units in strategic air and seaports all over the country to ensure the strict compliance and effective implementation of all existing wildlife laws, rules and regulations, including pertinent international agreements. Customs officers and/or other authorized government representatives assigned at air or seaports who may have intercepted wildlife commodities in the discharge of their official functions shall, prior to further disposition thereof, secure a clearance from the wildlife traffic monitoring unit assigned in the area. SECTION 34. Exemption from Taxes. Any donation, contribution, bequest, subsidy or financial aid which may be made to the Department of Environment and Natural Resources or to the Department of Agriculture and to NGOs engaged in wildlife conservation duly registered with the Securities and Exchange Commission as certified by the local government unit, the Department of Environment and Natural Resources or the Department of Agriculture, for the conservation and protection of wildlife resources and their habitats shall constitute as an allowable deduction from the taxable income of the donor and shall be exempt from donors tax. SECTION 35. Flagship Species. Local government units shall initiate conservation measures for endemic species in their areas. For this purpose, they may adopt flagship species such as the Cebu black shama (copsychus cebuensis), tamaraw (bubalus mindorensis) Philippine tarsier (tarsius syrichta), Philippine teak (tectona philippinensis), which shall serve as emblems of conservation for the local government concerned. SECTION 36. Botanical Gardens, Zoological Parks and Other Similar Establishments. The Secretary shall regulate the establishment, operation and maintenance of botanical gardens, zoological parks and other similar establishments for recreation, education and conservation. SECTION 37. Implementing Rules and Regulations. Within twelve (12) months following the effectivity of this Act, the secretaries of the Department of Environment and Natural Resources and the Department of Agriculture, in coordination with the Committees on Environment and Ecology of the Senate and the House of Representatives, respectively, shall promulgate respective rules and regulations for the effective implementation of this Act. Whenever appropriate, coordination in the preparation and implementation of rules and regulations on joint and inseparable issues shall be done by both Departments. The commitments of the State to international agreements and protocols shall likewise be a consideration in the implementation of this Act. SECTION 38. Appropriations. The amount necessary to initially implement the provisions of this Act shall be charged against the appropriations of the Department of Environment and Natural Resources in the current General Appropriations Act. Thereafter, such sums as may be necessary to fully implement the provisions of this Act shall be included in the annual General Appropriations Act. SECTION 39. Separability Clause. Should any provision of this Act be subsequently declared as unconstitutional, the same shall not affect the validity or the legality of the other provisions. SECTION 40. Repealing Clause. Act Nos. 2590 and 3983, Commonwealth Act No. 63, as amended, Presidential Decree No. 1219, as amended, Republic Act No. 6147, and other laws, orders and regulations inconsistent herewith are hereby repealed or amended accordingly. SECTION 41. Effectivity. This Act shall take effect fifteen (15) days after publication in the Official Gazette or two (2) newspapers of general circulation.

Republic of the PhilippinesHOUSE OF REPRESENTATIVESQuezon City, Metro ManilaFIFTEENTH CONGRESSFIRST REGULAR SESSIONHOUSE BILL NO.2861

Introduced by HONORABLE ANGELO PALMONES

AN ACT ESTABLISHING A NATIONAL MANGROVE CONSERVATION AND REHABILITATION PROGRAM COVERING ALL IDENTIFIED MANGROVE AREAS IN THE COUNTRY, AND PROVIDING INSTITUTIONAL SUPPORT AND INCENTIVES THEREFORBe it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:SECTION 1. Title. This Act shall be known as the National Mangrove Conservation and Rehabilitation Act of 2010.SECTION 2. Declaration of Policy. Recognizing the multifarious benefits of mangroves in terms of ecological and economic values as a natural and productive resource, and in consonance with the mandate of the Constitution to protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature, it is hereby declared the policy of the State to secure the protection, conservation and rehabilitation of all mangrove areas of the country to ensure that its use and enjoyment are consistent with the key principles of sustainable development, and at the same time maintaining a balanced ecosystem for the benefit of the Filipino people.SECTION 3. The National Mangrove Conservation and Rehabilitation Program. In line with the above-enunciated policy, and to address the present deplorable state of the countrys mangrove resources caused primarily by overexploitation, conversion to fishponds, urban land reclamation and other factors, there is hereby established a National Mangrove Conservation and Rehabilitation Program which shall be implemented by the DENR in all identified mangrove areas of the country, and allowing concerned National Government Agencies (NGAs), Local Government Units (LGUs), the Private Sector, Non-Governmental Organizations (NGOs), Peoples Organizations (POs) and other civil society groups or individuals to participate and assist the government in its implementation.SECTION 4. Definition of Terms. For purposes of this Act, the following terms shall be defined as follows:(a) Afforestation - refers to the establishment of mangrove plantations in suitable areas not previously vegetated with mangroves;(b) Aquasilviculture combination of tree plantation technologies and fish or other sea products culture designed to obtain optimum economic and environmental benefits from mangrove forests;(c) Alienable or Disposable Lands -Those lands of the public domain which have been the subject of the present system of classification and certified as not needed for forestry purposes (P.D. 705, as amended);(d) Coastal Area/Zone - A band of dry land and adjacent ocean space (water and submerged land) in which terrestrial processes and uses directly affect oceanic processes and uses and vice versa; its geographic extent may include areas within a landmark limit of 1 km from the shoreline at high tide to include mangrove swamps, brackish water ponds, nipa swamps, estuarine rivers, sandy beaches, and other areas within a seaward limit of 200 isobath to include coral reefs, algal flats, seagrass beds and other soft-bottom areas (R.A. 8550);(e) Coastal Environment Program (CEP) - A program established in the DENR to implement its projects on conservation and management of the coastal environment. The CEP encompasses all concerns over the habitat and ecological support systems of coastal communities and fisheries specifically pertaining to their productivity, biodiversity, integrity, sustainability, and equitability of access and use (EO 263, DAO 9629);(f) Coastal resources are plant and animal life found in the interface where the land meets the sea, also called coastal zone. These include coral reefs, mangroves, seagrasses, fishes, crustaceans, shells and other life forms found in the coastal zone.(g) Communal Mangrove Forest - A tract of public mangrove forest set aside by the DENR Secretary upon the recommendation of the Director of the Forest Management Bureau for the exclusive use of the Municipality (DAO 15, Series of 1990);(h) Community-Based Forest Management Agreement (CBFMA) - A Production Sharing Agreement entered into between a community and the government to develop, utilize, manage, and conserve a specific portion of the forestland, consistent with the principles of sustainable development and pursuant to a Community Resource Management Framework (EO 263, DAO 9629);(i) DENR - shall mean the Department of Environment and Natural Resources(j) Environmentally Critical Area - An area that is environmentally sensitive and is so listed under Presidential Proclamation No. 2146, Series of 1981, as well as other areas which the President may proclaim as environmentally critical in accordance with Sec. 4 of PD 1586 (DAO 21, Series of 1992 as amended by DAO 96-37, Series of 1996;(k) Environmental Compliance Certificate - The document issued by the DENR Secretary or the Regional Executive Director certifying that, based on the representations of the proponents and the preparers, as reviewed and validated by the EIA Review Committee, the proposed project or undertaking will not cause a significant environmental impact; that the proponent has complied with all the requirements of the EIS System; and that the proponent is committed to implement its approved Environmental Management Plan in the Environmental Impact Statement or mitigation measures in the Initial Environmental Examination (DAO 11, Series of 1994);(l) Environmental Impact Assessment - The process of predicting the likely environmental consequences of implementing projects or undertakings and designing appropriate preventive, mitigating, and enhancement measures (DAO 21, Series of 1992, as amended);(m) Environmental Impact Statement (EIS) System - The entire process of organization, administrations, and procedures institutionalized for purposes of assessing the significance of the effects of any project or undertaking on the quality of the physical, biological, and socioeconomic environment, and designing appropriate preventive, mitigating, and enhancement measures (DAO 21, Series of 1992, as amended);(n) Fishpond Lease Agreement (FLA) - A privilege granted by the State to a person or a group of persons to occupy and possess in consideration of specified rental any public lands for the raising of fish and other aquatic products (DAO 15, Series of 1990);(o) License - A privilege granted by the State to a person or a group of persons to cut and utilize mangrove resources within a specified mangrove production area, without any right of occupation and possession over the same (FAO 15, Series of l990);(p) Mangrove - is a type of forest growing along tidal mudflats and along shallow- water coastal areas extending inland along rivers, streams and their tributaries where the water is generally brackish (Mangrove Mgt. Handbook- CRMP (DENR-USAID)(q) Mangrove Area - The area found along the seacoast and estuaries whether sparsely or thickly vegetated with true and/or associated mangrove species, or open swampy areas, including brackish fishponds extending along streams where the water is brackish (DAO 15, Series of 1990);(r) Mangrove Resources - All terrestrial and aquatic flora and fauna in mangroves including land and minerals which could bestow any form of services, influences and amenities to man and the environment (DAO 15, Series of 1990);(s) Mangrove species are woody or non-woody plants adapted for life in brackish water. These are exemplified by bakauan, tangal, pagatpat, nipa and other species;(t) Mangrove Forest Plantation are mangrove forests that have developed from planted mangrove trees and other associated plants.(u) Mangrove Production Zones - are mangrove areas duly designated as such where natural mangrove forests are strictly protected, while allowing mangrove plantations developed therein to serve the economic needs of the communities in terms of timber as housing materials, firewood, charcoal, etc. Sustainable harvesting of mangrove species based on duly-approved resource use plan may be allowed in these zones as incentives for the planters;(v) Mangrove Protection Zones - are mangrove areas duly designated as such where the natural mangrove forests, as well as established mangrove plantations therein are managed exclusively to protect the respective coastal areas and communities from storm surges, waves, tidal currents and typhoons. Cutting of mangrove trees and other plants, whether naturally growing or planted, are strictly prohibited in these zones;(w) Natural Mangrove Forests are forests that have grown naturally without the aid of human intervention except in enhancing its growth such as enrichment planting or assisted natural regeneration.(x) Non-Government Organization - a group of persons or an organization commonly referred to a Assisting Organization (AO) with various expertise contracted by the DENR to assist in the implementation of its projects;(y) Peoples Organization (PO) - a group of people living within or adjacent to DENR mangrove subprojects organized into an association, cooperative or any other appropriate form of organization to implement the component strategies of a particular community-based mangrove project;(z) Reforestation refers to planting of mangrove species in degraded areas formerly vegetated with mangrove species;(aa) Secretary - shall mean the Secretary of the Department of Environment and Natural Resources.(bb) Sea ranching refers to the culture of economic fishes and other sea products in an enclosed or strictly protected area with the main purpose of utilizing or harvesting the mature individuals and in restocking adjacent areas.(cc) Stewardship Agreement - A contract entered into by and between an individual mangrove user or mangrove user association or cooperative and the government which grants the former the right to the exclusive use of a specified mangrove area for managing that area according to a stewardship Plan (DAO 03, Series of 1991);SECTION 5. Identification/Survey/Zonification and Mapping. The DENR Secretary shall, in coordination with the Department of Agriculture (DA) and all the Local Government Units (LGUs) concerned, order the identification, survey, zonification and mapping of all mangrove areas in the country segregating areas that are still forested, severely denuded or degraded, and classifying them based on scientific and factual considerations into two main categories, namely: (1) Mangrove Protection Zone; and (2) Mangrove Production Zone.SECTION 6. Mangrove Protection Zone. The following shall constitute the Mangrove Protection Zone as identified/zonified and mapped:(a)All mangrove areas included under the National Integrated Protected Areas System (NIPAS);(b) Mangrove Areas outside of the NIPAS that have distinctive or remarkable physical and aesthetic features, anthropological significance and ecological values. These Non-NIPAS areas include coastal wetlands, easements along waterways and shorelines, ecotourism sites and other biologically important areas;(c)All existing natural mangrove stands with their associated plants and other biological composition; and(d)All coastal and mangrove areas, with or without existing vegetation, which are prone to natural hazards such as floods, typhoons, storm surges, etc.All mangrove areas included in the Mangrove Protection Zone shall be conserved and protected to prevent further deterioration of the environment and to minimize the adverse effects of natural disasters. They shall also serve as spawning grounds for fish, prawns and crabs and shall support fisheries production in the area.: Provided that the cutting of mangrove trees and other associated plants therein, whether naturally growing or planted, is strictly prohibited;SECTION 7. Mangrove Production Zone. The Mangrove Production Zone shall consist of the following:(a)Coastal and mangrove areas located outside of the Mangrove Protection Zones which are covered with existing permits for CBFM and aquaculture projects, and mangrove areas with approved Fishpond Lease Agreements;(b)Mangrove areas outside the Mangrove Protection Zone which are potential sites for the establishment of mangrove or nipa plantations that the communities can in the future harvest for domestic uses like housing materials, firewood, poles, etc.;(c)Mangrove areas outside the Mangrove Protection Zone that can be developed as alternative livelihood such as sea ranching/mariculture, fishery, aquasilviculture, cottage industry, etc., which are not detrimental to the continued existence or to the restoration of mangroves in these areas; and(d) Non-Mangrove Areas mud flats and reef flats that may be developed into mangrove plantation (bakauan bato, pagatpat and bungalon), provided the area is not covered with sea grasses.All coastal mangrove areas falling within the classification of Mangrove Production Zone shall be managed in accordance with the key principles of sustainable development: Provided that mangrove plantations established within this zone may be permitted to be selectively harvested for domestic purposes only on a sustainable basis as deemed appropriate; Provided Further, that the privilege to harvest shall only be granted to the private individual or a group of individuals, or association/cooperative which established and developed the said plantations as previously authorized through an approved contract or agreement for the purpose; Provided Further, that no harvesting shall commence without a Resource Use Plan prepared by the proponent and duly approved by the Secretary; or the duly authorized DENR Officer; and Provided Finally that there shall be strictly no cutting of naturally growing mangrove species therein;SECTION 8. Existing Government Projects in Coastal and Mangrove Areas. Existing government mangrove programs/projects such as the DENR Coastal Environment Program (CEP), Forestry Sector Subprojects (FSP), Community-Based Resource Management (CBRM), Integrated Coastal Resources Management (ICRM) Program, and other similar government initiatives shall continue to operate in conformity with this Act. Additional project components consistent with those allowed in this Act maybe identified for implementation subject to availability of funds within these Programs whether from internally-allocated funds or those generated by the programs themselves as allowed by law.SECTION 9. Illegally-constructed and/or Abandoned Aquaculture Ponds or Fishponds in Mangrove Areas. All aquaculture ponds or fishponds constructed without a valid permit or license, or if covered with a valid permit, license, or lease agreement but had been abandoned for a period of at least five (5) years from the date of issuance of the permit, license, or lease agreement shall be automatically reverted to the category of public forest, and shall form part of the Mangrove Production Zone to be managed in accordance with this Program: Provided that the reverted areas referred to herein may be developed into mangrove plantations that can be harvested for household uses; or the same may be modified in a manner as to provide other alternative livelihood like aquasilviculture, or developing the area for the harvesting of shells, crabs, shrimps, etc.; and Provided Further that henceforth, mangrove areas shall no longer be released or allowed for conversion into aquaculture ponds or fishponds.SECTION 10. Rehabilitation of denuded/degraded Areas in Mangrove Protection Zones, a Top Priority. The Secretary shall give top priority on the rehabilitation of denuded/degraded areas within the Protection Zone as this is extremely necessary to help cushion and mitigate the impacts of climate change, and to serve as buffer zones to protect human lives and property, particularly those in coastal areas which are open or exposed to natural disasters.SECTION 11. Design of the Program and Mechanics of Implementation. The Secretary shall formulate a comprehensive long term National Mangrove Conservation and Rehabilitation Program to achieve the intents and purposes of this Act: Provided That there is hereby allocated fifty million pesos (P 50,000,000) per year for the next 10 years to implement the said Program; Provided Further that the Department shall submit to Congress an annual accomplishment report on the implementation of the Program; and Provided Finally that the Program shall be developed and implemented with active participation of concerned National Government Agencies (NGAs), Local Government Units (LGUs), the Private Sector, Non-Governmental Organizations (NGOs), Peoples Organizations (POs), and other civil society groups or individuals to participate and assist the government in its implementation. The Secretary shall likewise put in place a sound and feasible Monitoring and Evaluation System (MES) to systematically check and ensure the successful implementation of the Program.SECTION 12. Management Strategies.12.1 Project Implementation Approaches12.1.1 CBFM approachThe community-based forest management (CBFM) shall be the primary implementation approach for projects to be implemented under this Program. Communities living within or outside mangrove areas whose livelihood sources are closely linked to the mangrove areas may apply for tenure of the mangrove areas under the CBFM program.Within one year from obtaining tenure over the aforesaid area, the CBFM Peoples Organization (PO) shall submit to the Department through the CENRO concerned a sustainable mangrove forest development plan which shall include, among others, a detailed plan of activities relative to the development and management of the production area, as well as provisions for the protection and management of the protection zone therein, if the CBFMA thus issued covers both zones.CBFM Agreements may also be granted to communities through the PO within NIPAS protected mangrove areas, or within duly-designated protection zones under this Program. Likewise, within one year from obtaining the tenure over the mangrove area, the PO shall submit to the Protected Area Management Board (PAMB) concerned a Protection and Management Plan for the CBFMA area. However, the PO may be allowed to develop the area for ecotourism purposes as well as other development projects compatible with the protected area status of the mangrove area as provided for in RA No. 7586 otherwise known as the National Integrated Protected Area System (NIPAS) Act.The Department of Agricultures Bureau of Fisheries and Aquatic Resources shall provide the necessary technical assistance in the development of alternative marine-livelihood projects compatible with the objectives of the sustainable mangrove management plan. Likewise, the Department of Tourism shall provide the technical and promotional packages in developing ecotourism potentials of the area. The DENR shall facilitate the coordination of the POs concerned with the said National Government Agencies and other government agencies deemed necessary for the development of alternative livelihood of the community.12.1.2 Mangrove Area Adoption by Private OrganizationsA program for the adoption of mangrove areas or portions thereof by private citizens, groups or corporations shall be encouraged under this Act. Such arrangement shall be limited only to areas within protection zones as so identified and mapped where degraded mangrove areas or other appropriate areas are developed through different rehabilitation strategies. It shall be covered by a Memorandum of Agreement (MOA) or any valid legal instrument between the DENR Regional Office and the private parties concerned that would ensure the protection of the area.The State shall allow integration of non-consumptive/non-destructive income-generating components under this arrangement such as ecotourism, aqua-silviculture development, and other economic activities allowed under this Act primarily for purposes of generating funds; or allow donations, contributions, bequest, subsidy and financial aids from individuals or legal entities to sustain the protection of the areas placed under such arrangement: Provided that under this scheme, cutting or gathering of mangrove timber whether naturally growing or planted shall not be allowed. The DENR Regional Office shall have the primary responsibility of monitoring and evaluating the compliance of its partners with the terms and conditions of the MOA. Specific guidelines on this mangrove forest adoption program shall be issued by the DENR within six (6) months upon approval of this Act.

12.2 Mangrove Research, Development and ExtensionThe DENRs Ecosystems Research and Development Bureau (ERDB) shall further undertake relevant basic and applied research in support of this Program. It shall likewise formulate extension approaches for technologies on mangroves for field implementation.To increase value-added to mangrove products, the Forest Products Research and Development Institute (FPRDI) of the Department of Science and Technology (DOST) shall be responsible for undertaking research and development in this respect since utilization technologies are not generated by ERDB. FPRDI shall be responsible for extension services of these technologies in collaboration with ERDB.Appropriate state colleges and university, particularly those situated near or around mangrove areas are also hereby mandated to undertake research, development and extension services on mangroves for adoption by the Program.Social aspects of mangrove management and utilization, vulnerabilities and adaptation to climate change shall be the major themes of these mangrove research and development initiatives.Within one year from the promulgation of this Act, the ERDB shall, in cooperation and/or consultation with other concerned research agencies, develop and submit to the DENR Secretary a National Research, Development and Extension (RDE) program on mangroves. Such R & D program shall also include R & D projects outside of DENR. It shall also reflect the R & D projects identified under the National Research Development Agenda (NRDA) under the Presidential Coordinating Council for Research and Development (PCCRD) and also those identified under the National Framework Strategies on Climate Change (NFSCC) and Action Program of the Commission of Climate Change, should there be any.SECTION 13. Environmental Impact Assessment (EIS) System. All harvesting operations when permitted by the Secretary shall be covered by the EIS System. Relative thereto, all proponents applying for a cutting license in their respective production areas shall secure from the DENR an Environmental Compliance Certificate (ECC) before they are allowed to conduct harvesting operations in accordance with the approved Resource Use Plan.SECTION 14. Incentives And Institutional Support. By virtue of their participation in the Mangrove Area Adoption Scheme of this Program as provided for under Section 12.1.2 hereof, the following incentives, which are similar to those provided under R. A. No. 8525, or the Adopt- a- School Act of 1998, and other existing laws or bills, if any but with modification, shall be granted to the participating legal entity such as associations, cooperatives, corporations, etc., or individual:(a)Deduction from their taxable income of the full amount of the donations, contributions and/or other expenditures incurred in the implementation of the Project; and(b)Exemption from the payment of the donors tax for any donations and/or other related contributions used in the implementation of the Mangrove Area Adoption Scheme.Contributions other than money shall be valuated based on the acquisition cost of the property taking into account the depreciated value of the property if the same had already been used when donated to the Project.SECTION 15. Additional Incentives. The adopting entity/individual shall, in addition to the incentives provided in the immediately preceding Section, likewise be entitled to other incentives and awards that the DENR may provide to deserving Program participants.SECTION 16. Implementing Rules and Regulations. The Secretary of the DENR shall, in consultation with the Department of Finance (DOF), Department of Agriculture (DA), Department of Budget and Management (DBM) and other concerned Agencies, formulate the rules and regulations to implement the relevant provisions of this Act.SECTION 17. Separability Clause. If any provision of this Act is declared unconstitutional, the validity of the other provisions shall not be affected by such declaration.SECTION 18. Repealing Clause. Section 71 of Republic Act 7161 of 1992 and such other laws, decrees, orders, rules and regulations or parts thereof inconsistent with this Act are hereby repealed, amended, or modified accordingly.SECTION 19. Effectivity. This Act shall take effect fifteen (15) days after its publication in two (2) national papers of general circulation.ApprovedAngelo B. Palmones

MALACAANGM a n i l aPRESIDENTIAL DECREE No. 1067 December 31, 1976A DECREE INSTITUTING A WATER CODE, THEREBY REVISING AND CONSOLIDATING THE LAWS GOVERNING THE OWNERSHIP, APPROPRIATION, UTILIZATION, EXPLOITATION, DEVELOPMENT, CONSERVATION AND PROTECTION OF WATER RESOURCESWHEREAS, Article XIV, Section 8 of the New Constitution of the Philippines provides, inter alia, that all waters of the Philippines belong to the State; WHEREAS, existing water legislations are piece-meal and inadequate to cope with increasing scarcity of water and changing patterns of water use;WHEREAS, there is a need for a Water Code based on rational concepts or integrated and multipurpose management of water resources and sufficiently flexible to adequately meet future developments;WHEREAS, water is vital to national development and it has become increasingly necessary for government to intervene actively in improving the management of water resources;NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers in me vested by the Constitution, do hereby order and decree the enactment of the water Code of the Philippines of 1976, as follows:CHAPTER IDECLARATION OF OBJECTIVES AND PRINCIPLESArticle 1. This Code shall be known as The Water Code of the Philippines.Article 2. The objectives of this Code are:(a) To establish the basic principles and framework relating to the appropriation, control and conservation of water resources to achieve the optimum development and rational utilization of these resources;(b) To define the extent of the rights and obligations of water users and owners including the protection and regulation of such rights; (c) To adopt a basic law governing the ownership, appropriation, utilization, exploitation, development, conservation and protection of water resources and rights to land related thereto; and(d) To identify the administrative agencies which will enforce this Code.Article 3. The underlying principles of this code are:(a) All waters belong to the State.(b) All waters that belong to the State can not be the subject to acquisitive prescription.(c) The State may allow the use or development of waters by administrative concession.(d) The utilization, exploitation, development, conservation and protection of water resources shall be subject to the control and regulation of the government through the National Water Resources Council, hereinafter referred to as the Council.(e) Preference in the use and development of waters shall consider current usages and be responsive to the changing needs of the country.Article 4. Waters, as used in this Code, refers to water under the grounds, water above the ground, water in the atmosphere and the waters of the sea within the territorial jurisdiction of the Philippines. CHAPTER IIOWNERSHIP OF WATERSArticle 5. The following belong to the State:(a) Rivers and their natural beds;(b) Continuous or intermittent waters of springs and brooks running in their natural beds and the beds themselves;(c) Natural lakes and lagoons;(d) All other categories of surface waters such as water flowing over lands, water from rainfall whether natural, or artificial, and water from agriculture runoff, seepage and drainage;(e) Atmospheric water;(f) Subterranean or ground waters; and,(g) Seawater.Article 6. The following waters found on private lands belong to the State:(a) Continuous or intermittent waters rising on such lands;(b) Lakes and lagoons naturally occuring on such lands;(c) Rain water falling on such lands; (d) Subterranean or ground waters; and,(e) Water in swamps and marshes.The owner of the land where the water is found may use the same for domestic purposes without securing a permit, provided that such use shall be registered, when required by the Council. The Council, however, may regulate such when there is wastage, or in times of emergency.Article 7. Subject to the provisions of this Code, any person who captures or collects water by means of cisterns, tanks, or pools shall have exclusive control over such water and the right to dispose of the same.Article 8. Water legally appropriated shall be subject to the control of the appropriator from the moment it reaches the appropriator's canal or aqueduct leading to the place where the water will be used or stored and, thereafter, so long as it is being beneficially used for the purposes for which it was appropriated.CHAPTER IIIAPPROPRIATION OF WATERSArticle 9. Waters may be appropriated and used in accordance with the provisions of this Code.Appropriation of water, as used in this Code, is the acquisition of rights over the use of waters or the taking or diverting of waters from a natural source in the manner and for any purpose allowed by law. Article 10. Water may be appropriated for the following purposes:(a) Domestic (b) Municipal (c) Irrigation (d) Power generation (e) Fisheries (f) Livestock raising (g) Industrial (h) Recreational, and (i) Other purposesUse of water for domestic purposes is the utilization of water for drinking, washing, bathing, cooking or other household needs, home gardens, and watering of lawns or domestic animals.Use of water for municipal purposes is the utilization of water for supplying the water requirements of the community.Use of water for irrigation is the utilization of water for producing agricultural crops.Use of water for power generation is the utilization of water for producing electrical or mechanical power.Use of water for fisheries is the utilization of water for the propagation and culture of fish as a commercial enterprise. Use of water for livestock raising is the utilization of water for large herds or flocks of animals raised as a commercial enterprise. Use of water for industrial purposes is the utilization of water in factories, industrial plants and mines, including the use of water as an ingredient of a finished product.Use of water for recreational purposes is the utilization of water for swimming pools, bath houses, boating, water skiing, golf courses and other similar facilities in resorts and other places of recreation.Article 11. The State, for reasons of public policy, may declare waters not previously appropriated, in whole or in part, exempt from appropriation for any or all purposes and, thereupon, such waters may not be appropriated for those purposes.Article 12. Waters appropriated for a particular purpose may be applied for another purpose only upon prior approval of the Council and on condition that the new use does not unduly prejudice the rights of other permittees, or require an increase in the volume of water.Article 13. Except as otherwise herein provided, no person, including government instrumentalities or government-owned or controlled corporations, shall appropriate water without a water right, which shall be evidenced by a document known as a water permit.Water right is the privilege granted by the government to appropriate and use water.Article 14. Subject to the provisions of this Code concerning the control, protection, conservation, and regulation of the appropriation and use of waters, any person may appropriate or use natural bodies of water without securing a water permit for any of the following: (a) Appropriation of water by means of handcarried receptacles; and(b) Bathing or washing, watering or dipping of domestic or farm animals, and navigation of watercrafts or transportation of logs and other objects by flotation.Article 15. Only citizens of the Philippines, of legal age, as well as juridical persons, who are duly qualified by law to exploit and develop water resources, may apply for water permits.Article 16. Any person who desires to obtain a water permit shall file an application with the Council who shall make known said application to the public for any protests.In determining whether to grant or deny an application, the Council shall consider the following: protests filed, if any; prior permits granted; the availability of water; the water supply needed for beneficial use; possible adverse effects; land-use economics; and other relevant factors.Upon approval of an application, a water permit shall be issued and recorded.Article 17. The right to the use of water is deemed acquired as of the date of filing of the application for a water permit in case of approved permits, or as of the date of actual use in a case where no permit is required.Article 18. All water permits granted shall be subject to conditions of beneficial use, adequate standards of design and construction, and such other terms and conditions as may be imposed by the Council. Such permits shall specify the maximum amount of water which may be diverted or withdrawn, the maximum rate of diversion or withdrawal, the time or times during the year when water may be diverted or withdrawn, the points or points of diversion or location of wells, the place of use, the purposes of which water may be used and such other requirements the Council deems desirable.Article 19. Water rights may be leaded or transferred in whole or in part to another person with prior approval of the Council, after due notice and hearing.Article 20. The measure and limit of appropriation of water shall be beneficial use.Beneficial use of water is the utilization of water in the right amount during the period that the water is needed for producing the benefits for which the water is appropriated.Article 21. Standards of beneficial use shall be prescribed by the council for the appropriator of water for different purposes and conditions, and the use of waters which are appropriated shall be measured and controlled in accordance therewith.Excepting for domestic use, every appropriator of water shall maintain water control and measuring devices, and keep records of water withdrawal. When required by the Council, all appropriators of water shall furnish information on water use.Article 22. Between two or more appropriators of water from the same sources of supply, priority in time of appropriation shall give the better right, except that in times of emergency the use of water for domestic and municipal purposes shall have a better right over all other uses; Provided, the where water shortage is recurrent and the appropriator for municipal use has a lower priority in time of appropriation, then it shall be his duty to find an alternative source of supply in accordance with conditions prescribed by the Council. Article 23. Priorities may be altered on grounds of greater beneficial use, multi-purpose use, and other similar grounds after due notice and hearing, subject to payment of compensation is proper cases.Article 24. A water right shall be exercised in such a manner that the rights of third persons or of other appropriators are not prejudiced thereby.Article 25. A holder of water permit may demand the establishment of easements necessary for the construction and maintenance of the works and facilities needed for the beneficial use of the waters to be appropriated subject to the requirements of just compensation and to the following conditions:(a) That he is the owner, lessee, mortgagee or one having real right over the land upon which he proposes to use water; and(b) That the proposed easement is the most convenient and the least onerous to the servient estate.Easements relating to the appropriation and use of waters may be modified by agreement of the contracting parties provided the same is not contrary to law or prejudicial to third persons.Article 26. Where water shortage is recurrent, the use of the water pursuant to a permit may, in the interest of equitable distribution of the benefits among legal appropriators, reduce after due notice and hearing.Article 27. Water users shall bear the diminution of any water supply due to natural causes or force majeure.Article 28. Water permits shall continue to be valid as long as water is beneficially used; however, it maybe suspended on the grounds of non-compliance with approved plans and specifications or schedules of water distribution; use of water for a purpose other than that for which it was granted; non-payment of water charges; wastage; failure to keep records of water diversion, when required; and violation of any term or condition of any permit or rules and regulations promulgated by the Council.Temporary permits may be issued for the appropriation and use of water for short periods under special circumstances. Article 29. Water permits may be revoked after due notice and hearing on grounds of non-use; gross violation of the conditions imposed in the permit; unauthorized sale of water; willful failure or refusal to comply with rules and regulations of any lawful order; pollution, public nuisance or acts detrimental to public health and safety; when the appropriator is found to be disqualified under the law to exploit and develop natural resources of the Philippines; when, in the case, of irrigation, the land is converted to non-agricultural purposes; and other similar grounds.Article 30. All water permits are subject to modification or cancellation by the council, after due notice and hearing, in favor of a project of greater beneficial use or for multi-purpose development, and a water permittee who suffers thereby shall be duly compensated by the entity or person in whose favor the cancellation was made.CHAPTER IVUTILIZATION OF WATERSArticle 31. Preference in the development of water resources shall consider security of the State, multiple use, beneficial effects, adverse effects and costs of development.Article 32. The utilization of subterranean or ground water shall be coordinated with that of surface waters such as rivers, streams, springs and lakes, so that a superior right in one not adversely affected by an inferior right in the other.For this purpose the Council shall promulgate rules and regulations and declare the existence of control areas for the coordinated development, protection, and utilization of subterranean or ground water and surface waters.Control area is an area of land where subterranean or ground water and surface water are so interrelated that withdrawal and use in one similarly affects the other. The boundary of a control area may be altered from time to time, as circumstances warrant. Article 33. Water contained in open canals, aqueducts or reservoirs of private persons may be used by any person for domestic purpose or for watering plants as long as the water is withdrawn by manual methods without checking the stream or damaging the canal, aqueduct or reservoir; Provided, That this right may be restricted by the owner should it result in loss or injury to him.Article 34. A water permittee or appropriator may use any watercourse to convey water to another point in the watercourse for the purpose stated in a permit and such water may be diverted or recaptured at that point by said permittee in the same amount less allowance for normal losses in transit.Article 35. Works for the storage, diversion, distribution and utilization of water resources shall contain adequate provision for the prevention and control of diseases that may be induced or spread by such works when required by the Council.Article 36. When the reuse of waste water is feasible, it shall be limited as much as possible, to such uses other than direct human consumption. No person or agency shall distribute such water for public consumption until it is demonstrated that such consumption will not adversely affect the health and safety of the public.Article 37. In the construction and operation of hydraulic works, due consideration shall be given to the preservation of scenic places and historical relics and, in addition to the provisions of existing laws, no works that would required the destruction or removal of such places or relics shall be undertaken without showing that the distribution or removal is necessary and unaviodable.Article 38. Authority for the construction of dams, bridges and other structures across of which may interfere with the flow of navigable or flotable waterways shall first be secured from the Department of Public Works, Transportation and Communications. Article 39. Except in cases of emergency to save life or property, the construction or repair of the following works shall be undertaken only after the plans and specifications therefor, as may be required by the Council, are approved by the proper government agency; dams for the diversion or storage of water; structures for the use of water power, installations for the utilization of subterranean or ground water and other structures for utilization of water resources.Article 40. No excavation for the purpose of emission of a hot spring or for the enlargement of the existing opening thereof shall be made without prior permit.Any person or agency who intends to develop a hot spring for human consumption must first obtain a permit from the Department of Health.Article 41. No person shall develop a stream, lake, or spring for recreational purposes without first securing a permit from the Council.Article 42. Unless-otherwise ordered by the President of the Philippines and only in time of national calamity or emergency, no person shall induce or restrain rainfall by any method such as cloud seeding without a permit from the proper government emergency.Article 43. No person shall raise or lower the water level of a river stream, lake, lagoon, or marsh nor drain the same without a permit.Article 44. Drainage systems shall be so constructed that their outlets are rivers, lakes, the sea, natural bodies of water, or such other water course as may be approved by the proper government agency. Article 45. When a drainage channel is constructed by a number of persons for their common benefit, the cost of construction and maintenance of the channel shall be borne by each in proportion to the benefits drived.Article 46. When artificial means are employed to drain water from higher to lower land, the owner of the higher land shall select the routes and methods of drainage that will cause the minimum damage to the lower lands, subject to the requirements of just compensation.Article 47. When the use, conveyance or storage of waters results in damage to another, the person responsible for the damage shall pay compensation.Article 48. When a water resources project interferes with the access of landowner to a portion of his property or with the conveyance of irrigation or drainage water, the person or agency constructing the project shall bear the cost of construction and maintenance of the bridges, flumes and other structures necessary for maintaining access, irrigation, or drainage, in addition to paying compensation for land and incidental damages.Article 49. Any person having an easement for an aqueduct may enter upon the servient land for the purpose of cleaning, repairing or replacing the aqueduct or the removal of obstructions therefrom.Article 50. Lower estates are obliged to receive the waters which naturally and without the intervention of man flow from the higher estate, as well as the stone or earth which they carry with them.The owner of the lower estate can not construct works which will impede this natural flow, unless he provides an alternative method of drainage; neither can the owner of the higher estate make works which will increase this natural flow.Article 51. The banks of rivers and streams and the shores of the seas and lakes throughout their entire length and within a zone of three (3) meters in urban areas, twenty (20) meters in agricultural areas and forty (40) meters in forest areas, along their margins are subject to the easement of public use in the interest of recreation, navigation, floatage, fishing and salvage. No person shall be allowed to stay in this zone longer than what is necessary for recreation, navigation, floatage, fishing or salvage or to build structures of any kind. Article 52. The establishment, extent, form, and conditions of easements of water not expressly determined by the provisions of this Code shall be governed by the provisions of the Civil Code.CHAPTER VCONTROL OF WATERSArticle 53. To promote the best interest and the coordinated protection of flood plain lands, the Secretary of Public Works, Transportation and Communications may declare flood control areas and promulgate guidelines for governing flood plain management plans in these areas.Article 54. In declared flood control areas, rules and regulations may be promulgated to prohibit or control activities that may damage or cause deterioration or lakes and dikes, obstruct the flow of water, change the natural flow of the river, increase flood losses or aggravate flood problems.Article 55. The government may construct necessary flood control structures in declared flood control areas, and for this purpose it shall have a legal easement as wide as may be needed along and adjacent to the river bank and outside of the bed or channel of the river.Article 56. River beds, sand bars and tidal flats may not be cultivated except upon prior permission from the Secretary of the Department of Public Works, Transportation and Communication and such permission shall not be granted where such cultivation obstructs the flow of water or increase flood levels so as to cause damage to other areas.Article 57. Any person may erect levees or revetments to protect his property from flood, encroachment by the river or change in the course of the river, provided that such constructions does not cause damage to the property of another. Article 58. When a river or stream suddenly changes its course to traverse private lands, the owners of the affected lands may not compel the government to restore the river to its former bed; nor can they restrain the government from taking steps to revert the river or stream to its former course. The owners of the land thus affected are not entitled to compensation for any damage sustained thereby. However, the former owners of the new bed shall be the owners of the abandoned bed in proportion to the area lost by each.The owners of the affected lands may undertake to return the river or stream to its old bed at their own expense; Provided, That a permit therefor is secured from the Secretary of Public Works, Transportation and Communication and work pertaining thereto are commenced within two years from the change in the course of the river or stream.Article 59. Rivers, lakes and lagoons may, upon the recommendation of the Philippines Coast Guard, be declared navigable either in whole or in part.Article 60. The rafting of logs and other objects on rivers and lakes which are flotable may be controlled or prohibited during designated season of the year with due regard to the needs of irrigation and domestic water supply and other uses of water.Article 61. The impounding of water in ponds or reservoirs may be prohibited by the Council upon consultation with the Department of Health if it is dangerous to public health, or it may order that such pond or reservoir be drained if such is necessary for the protection of public health.Article 62. Waters of a stream may be stored in a reservoir by a permittee in such amount as will not prejudice the right of any permittee downstream. Whoever operates the reservoir shall, when required, release water for minimum stream flow.All reservoir operations shall be subject to rules and regulations issued by the Council or any proper government agency. Article 63. The operator of a dam for the storage of water may be required to employ an engineer possessing qualifications prescribed for the proper operations, maintenance and administration of the dam.Article 64. The Council shall approve the manner, location, depth, and spacing in which borings for subterranean or ground water may be made, determine the requirements for the registration of every boring or alteration to existing borings as well as other control measures for the exploitation of subterranean or ground water resources, and in coordination with the Professional Regulation Commission prescribe the qualifications of those who would drill such borings.No person shall drill a well without prior permission from the Council.Article 65. Water from one river basin may be transferred to another river basin only with approval of the Council. In considering any request for such transfer, the Council shall take into account the full costs of the transfer, the benefits that would accrue to the basin of origin without the transfer, the benefits would accrue to the receiving basin on account of the transfer, alternative schemes for supplying water to the receiving basin, and other relevant factors.CHAPTER VICONSERVATION AND PROTECTION OF WATERS AND WATERSHEDS AND RELATED LAND RESOURCESArticle 66. After due notice and hearing when warranted by circumstances, minimum stream flows for rivers and streams, and minimum water levels for lakes may be established by the Council under such conditions as may be necessary for the protection of the environment, control of pollution, navigation, prevention of salt damage, and general public use. Article 67. Any watershed or any area of land adjacent to any surface water or overlying any ground water may declared by the Department of Natural Resources as protected area Rules and regulations may be promulgated by such Department to prohibit or control such activities by the owners or occupants thereof within the protected area which may damage or cause the deterioration of the surface water or ground water or interfere with the investigation, use, control, protection, management or administration of such waters.Article 68. It shall be the duty of any person in control of a well to prevent the water from flowing on the surface of the land, or into any surface water, or any porous stratum under neath the surface without being beneficially used.Article 69. It shall be the duty of any person in control of a well containing water with minerals or other substances injurious to man, animals, agriculture, and vegetation to prevent such waters from flowing on the surface of the land or into any surface water or into any other aquifer or porous stratum.Article 70. No person shall utilize an existing well or pond or spread waters for recharging substerranean or ground water supplies without prior permission of the Council.Article 71. To promote better water conservation and usage for irrigation purposes, the merger of irrigation associations and the appropriation of waters by associations instead of by individuals shall be encouraged.No water permit shall be granted to an individual when his water requirement can be supplied through an irrigation association. Article 72. In the consideration of a proposed water resource project, due regard shall be given to ecological changes resulting from the construction of the project in order to balance the needs of development and the protection of the environment.Article 73. The conservation of fish and wildlife shall receive proper consideration and shall be coordinated with other features of water resources development programs to insure that fish and wildlife values receive equal attention with other project purposes.Article 74. Swamps and marshes which are owned by the State and which primary value for waterfowl propagation or other wildlife purposes may be reserved and protected from drainage operation and development.Article 75. No person shall, without prior permission from the National Pollution Control Commission, build any works that may produce dangerous or noxious substances or perform any act which may result in the introduction of sewage, industrial waste, or any pollutant into any source of water supply.Water pollution is the impairment of the quality of water beyond a certain standard. This standard may vary according to the use of the water and shall be set by the National Po