Velasco, Jr., J.: Separate Op., Segovia vs. The Climate Change Commission, G.R. No. 211010, March 7, 2017, 819 SCRA 543

Velasco, Jr., J.: Separate Op., Segovia vs. The Climate Change Commission, G.R. No. 211010, March 7, 2017, 819 SCRA 543

CONCURRING OPINION

VELASCO, JR., J.:
The present case involves the extraordinary remedy of a Writ of Kalikasan. Under the Rules of Procedure for Environmental Cases (RPEC), the writ is an extraordinary remedy covering environmental damage of such magnitude that will prejudice the life, health or property of inhabitants in two or more cities or provinces.¹ As distinguished from other available remedies in the ordinary rules of court, the Writ of Kalikasan is designed for a narrow but special purpose: to accord a stronger protection for environmental rights, aiming, among others, to provide a speedy and effective resolution of a case involving the violation of one’s constitutional right to a healthful and balanced ecology² that transcends political and territorial boundaries;³ to provide a stronger defense for environmental rights through judicial efforts where institutional arrangements of enforcement, implementation and legislation have fallen short;⁴ and to address the potentially exponential nature of large-scale ecological threats.⁵ Thus, Section 1, Rule 7, Part III of the RPEC provides:chanRoblesvirtualLawlibrary

Section 1. Nature of the writ. – The writ is a remedy available to a natural or juridical person, entity authorized by law, people’s organization, non-governmental organization, or any public interest group accredited by or registered with any government agency, on behalf of persons whose constitutional right to a balanced and healthful ecology is violated, or threatened with violation by an unlawful act or omission of a public official or employee, or private individual or entity, involving environmental damage of such magnitude as to prejudice the life, health or property of inhabitants in two or more cities or provinces.

Given the substantially grand intentions underlying the RPEC, it. would be a disappointment to rely on the technical principle of the hierarchy of courts to justify the refusal to issue the writ of kalikasan. Though there are grounds to deny the instant petition praying for the issuance of the writ, I agree with the ponencia that the alleged violation of the principle on hierarchy of courts is not one of them. And as one who was privy to the preparation of the Rules, I deem it best to write my own opinion on the Issue.

Section 3, Rule 7, Part III of the RPEC provides the venue where petitions for the issuance of a Writ of Kalikasan may be filed. It plainly states, viz.:chanRoblesvirtualLawlibrary

SEC. 3 Where to file. – The petition shall be filed with the Supreme Court or with any of the stations of the Court of Appeals.⁶

It is clear that Section 3 uses the word “or,” which is a disjunctive article indicating an alternative,⁷not successive, character of the right or duty given. The use of “or” in the RPEC indicates that the petitioner/s are given “the choice of either, which means that the various members of the enumeration are to be taken separately, with the term signifying disassociation and independence of one thing from each of the other things enumerated.”⁸ Thus, under Section 3 of the RPEC, the petitioner/s are given the right to freely choose between this Court and the different stations of the appellate court in filing their petitions. Claiming otherwise based on the nebulous procedural principle of the hierarchy of courts is a deviation from the basic text of the adverted section. Such departure from the ordinary meaning of the text deprives ordinary citizens of the fair expectation that the procedural rules issued by this Court mean what they say and say what they mean.

Further, the absence of any mention of the first level courts-the municipal trial courts, metropolitan trial courts, and the regional trial courts-is indicative of the exceptional nature of a writ of kalikasan and the non-application of the principle to petitions for its issuance. This palpable absence marks the difference from the other special civil actions available under the other rules where this Court is given concurrent jurisdiction not only with the Court of Appeals (CA) but also with the trial courts.

For instance, Section 4, Rule 65 of the Rules of Court⁹ specifically identifies the RTC as one of the courts where the petitions for certiorari, prohibition, and mandamus may be filed. Section 2 of Rule 102 on Habeas Corpus¹⁰ likewise names the trial court as a venue where the petition therefor may be filed. In a similar manner, Section 3 of The Rule on Habeas Data¹¹ lays down at the outset that the Regional Trial Court has jurisdiction over petitions for Habeas Data and states that this Court only has jurisdiction over petitions concerning public data files of government offices. Notable too is Section 3 of the Rule on the Writ of Amparo,¹² which includes the Regional Trial Court, the Sandiganbayan, and the Court of Appeals in the list of fora with jurisdiction over petitions for the writ of amparo.

The omission of the trial courts with limited jurisdiction in Section 3, Rule 7, Part III of the RPEC was not by mere oversight. Rather, the limitation of the venues to this Court and the CA, whose jurisdiction is national in scope, is the intended solution to controversies involving environmental damage of such magnitude as to affect the “inhabitants in [at least] two or more cities or provinces.”

Surely, the scale of impact of the ecological problems sought to be addressed by a writ of kalikasan sets it apart from the other special civil actions under the other rules issued by this Court. Thus, to insist on the application of the technical principle on hierarchy of courts will only negate the emphasis given to this difference and the acknowledgement that environmental challenges deserve the immediate attention by the highest court of the land, even at the first instance. At the very least, the magnitude of the ecological problems contemplated under the RPEC satisfies at least one of the exceptions to the rule on hierarchy of courts, i.e., direct resort to this court is allowed where it is “dictated by the public welfare.”

In environmental cases, this Court cannot afford to be self-important and promptly deny petitions on the cliched ground that Ours is the “court of last resort” that cannot be “burdened with the task of dealing with cases in the first instance.” We must take stock and bear to recall that the rule on hierarchy of courts was created simply because this Court is not a trier of facts. Accordingly, in cases involving warring factual allegations, we applied this rule to require litigants to “repair to the trial courts at the first instance to determine the truth or falsity of these contending allegations on the basis of the evidence of the parties.”¹³ Under the RPEC, however, this Court burdened itself to resolve factual questions so that the rule finds no application.

Indeed, that petitions for the issuance of a writ of kalikasan involve factual matters cannot, without more, justify the claim that the petition must first be filed with the CA on the ground that this Court is not a trier of facts. The RPEC deviates from the other rules on this matter. After all, even if the petition has been initially lodged with the appellate court, the appellant may still raise questions of fact on appeal. Section 16, Rule 7, Part III of the RPEC explicitly says so:chanRoblesvirtualLawlibrary

SECTION 16. Appeal. – Within fifteen (15) days from the date of notice of the adverse judgment or denial of motion for reconsideration, any party may appeal to the Supreme Court under Rule 45 of the Rules of Court. The appeal may raise questions of fact.¹⁴

Notably, unlike in the other civil actions, ordinary or special, Section 2(d), Rule 7, Part III of the RPEC requires not only the allegations of ultimate facts but the allegations and attachment of all relevant and material evidence to convince the court to issue the writ. Consequently, should the factual allegations in the petition be found insufficient, as stated by the ponencia, the denial of the petition must not be anchored on the violation of the rule on hierarchy of courts but on non-compliance with the said requirement. Certainly, an insufficient petition cannot be granted even when first filed with the appellate court and not this Court.

With that said, let it be stated that in the instances where this Court referred the petition to the CA for hearing and reception of evidence, it did so not because of the insufficiency of the petition¹⁵ as it had, in fact, issued the writs prayed for. Such practice does not impose another level of bureaucracy given the facilitation by this Court in transferring the records with all the evidence and attachments to the CA. On the other hand, arbitrarily enforcing the rule on hierarchy of courts, denying the petition, insisting that it be filed first with the CA, compelling the reprinting of pleadings and the re-attaching of evidence-all at the expense of the petitioner/s-only to entertain the same case on a possible appeal after the filing of yet another petition (this time under Rule 45 of the Rules of Court) can only enliven the bureaucratic spirit.

On the issue for the issuance of a continuing mandamus thus prayed in the petition, I concur with the ponencia that mandamus does not indeed lie to compel a discretionary act. It cannot be issued to require a course of conduct. Thus, I cannot endorse the issuance of a continuing mandamus to compel the enforcement of the bifurcation of roads. As the ponencia has stated, such action amounts to requiring the respondents to act in a particular way in the implementation of the Road Sharing Principle adopted in EO 774 and AO 254.

While a continuing mandamus cannot, however, be used to oblige the respondents to act one way or the other, it can be used to compel the respondents to act and implement the Road Sharing Principle in whatever manner they deem best. In other words, the implementation of the Road Sharing Principle itself, as opposed to the bifurcation of the roads, is an act that can be the subject of continuing mandamus under the RPEC. On this point, I digress from the ponencia.

Nonetheless, the Office of the Solicitor General, on behalf of the respondents, enumerated programs that supposedly serve to implement the Road Sharing Principle,¹⁶ refuting the petitioners’ allegation of unlawful neglect on the part of the respondents in the implementation of the principle. Thus, while the sufficiency or wisdom of these programs is not established, I concede that there is no unlawful neglect that constrains the issuance of the extraordinary remedy of continuing mandamus in the present case.

NATIONAL ECONOMY AND PATRIMONY

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 to 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.

Section 7. Save in cases of hereditary succession, no private lands shall be transferred or conveyed except to individuals, corporations, or associations qualified to acquire or hold lands of the public domain.

Section 8. Notwithstanding the provisions of Section 7 of this Article, a natural-born citizen of the Philippines who has lost his Philippine citizenship may be a transferee of private lands, subject to limitations provided by law.

Section 9. The Congress may establish an independent economic and planning agency headed by the President, which shall, after consultations with the appropriate public agencies, various private sectors, and local government units, recommend to Congress, and implement continuing integrated and coordinated programs and policies for national development.

Until the Congress provides otherwise, the National Economic and Development Authority shall function as the independent planning agency of the government.

Section 10. The Congress shall, upon recommendation of the economic and planning agency, when the national interest dictates, reserve to citizens of the Philippines or to corporations or associations at least sixty per centum of whose capital is owned by such citizens, or such higher percentage as Congress may prescribe, certain areas of investments. The Congress shall enact measures that will encourage the formation and operation of enterprises whose capital is wholly owned by Filipinos.

In the grant of rights, privileges, and concessions covering the national economy and patrimony, the State shall give preference to qualified Filipinos.

The State shall regulate and exercise authority over foreign investments within its national jurisdiction and in accordance with its national goals and priorities.

Section 11. No franchise, certificate, or any other form of authorization for the operation of a public utility shall be granted except to citizens of the Philippines or to corporations or associations organized under the laws of the Philippines, at least sixty per centum of whose capital is owned by such citizens; nor shall such franchise, certificate, or authorization be exclusive in character or for a longer period than fifty years. Neither shall any such franchise or right be granted except under the condition that it shall be subject to amendment, alteration, or repeal by the Congress when the common good so requires. The State shall encourage equity participation in public utilities by the general public. The participation of foreign investors in the governing body of any public utility enterprise shall be limited to their proportionate share in its capital, and all the executive and managing officers of such corporation or association must be citizens of the Philippines.

Section 12. The State shall promote the preferential use of Filipino labor, domestic materials and locally produced goods, and adopt measures that help make them competitive.

Section 13. The State shall pursue a trade policy that serves the general welfare and utilizes all forms and arrangements of exchange on the basis of equality and reciprocity.

Section 14. The sustained development of a reservoir of national talents consisting of Filipino scientists, entrepreneurs, professionals, managers, high-level technical manpower and skilled workers and craftsmen in all fields shall be promoted by the State. The State shall encourage appropriate technology and regulate its transfer for the national benefit.

The practice of all professions in the Philippines shall be limited to Filipino citizens, save in cases prescribed by law.

Section 15. The Congress shall create an agency to promote the viability and growth of cooperatives as instruments for social justice and economic development.

Section 16. The Congress shall not, except by general law, provide for the formation, organization, or regulation of private corporations. Government-owned or controlled corporations may be created or established by special charters in the interest of the common good and subject to the test of economic viability.

Section 17. In times of national emergency, when the public interest so requires, the State may, during the emergency and under reasonable terms prescribed by it, temporarily take over or direct the operation of any privately-owned public utility or business affected with public interest.

Section 18. The State may, in the interest of national welfare or defense, establish and operate vital industries and, upon payment of just compensation, transfer to public ownership utilities and other private enterprises to be operated by the Government.

Section 19. The State shall regulate or prohibit monopolies when the public interest so requires. No combinations in restraint of trade or unfair competition shall be allowed.

Section 20. The Congress shall establish an independent central monetary authority, the members of whose governing board must be natural-born Filipino citizens, of known probity, integrity, and patriotism, the majority of whom shall come from the private sector. They shall also be subject to such other qualifications and disabilities as may be prescribed by law. The authority shall provide policy direction in the areas of money, banking, and credit. It shall have supervision over the operations of banks and exercise such regulatory powers as may be provided by law over the operations of finance companies and other institutions performing similar functions.

Until the Congress otherwise provides, the Central Bank of the Philippines operating under existing laws, shall function as the central monetary authority.

Section 21. Foreign loans may only be incurred in accordance with law and the regulation of the monetary authority. Information on foreign loans obtained or guaranteed by the Government shall be made available to the public.

Section 22. Acts which circumvent or negate any of the provisions of this Article shall be considered inimical to the national interest and subject to criminal and civil sanctions, as may be provided by law.

PHILIPPINE ENVIRONMENT CODE (PRESIDENTIAL DECREE NO. 1152)

PRESIDENTIAL DECREE NO. 1152

PHILIPPINE ENVIRONMENT CODE

WHEREAS, the broad spectrum of environment has become a matter of vital concern to the government;

WHEREAS, the national leadership has taken a step towards this direction by creating the National Environmental Protection Council under Presidential Decree No. 1121;

WHEREAS, it is necessary that the creation of the Council be implemented with the launching of a comprehensive program of environmental protection and management;

WHEREAS, such a program can assume tangible and meaningful significance only by establishing specific environment management policies and prescribing environment quality standards in a Philippine Environment Code;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Republic of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby order and decree:

SECTION 1. Short Title. — This Decree shall be known and cited as the “Philippine Environment Code.”

TITLE I

Air Quality Management

SECTION 2. Purposes. — The purposes of this Title are:

a) to achieve and maintain such levels of air quality as to protect public health; and

b) to prevent to the greatest extent practicable, injury and/or damage to plant and animal life and property, and promote the social and economic development of the country.

CHAPTER I

Standards

SECTION 3. Ambient Air Quality Standards. — There shall be established ambient air quality standards which shall prescribe the maximum concentration of air pollutants permissible in the atmosphere consistent with public health, safety and general welfare.

In the establishment of ambient air quality standards, factors such as local atmospheric conditions, location and land use, and available technology, shall be considered among others.

SECTION 4. National Emission Standards. — There shall be established national emission standards for new and existing stationary and mobile sources of pollution which shall consider among others such factors as type of industry, practicable control technology available, location and land use, and the nature of pollutants emitted.

SECTION 5. Community Noise Standards. — Appropriate standards for community noise levels shall be established considering, among others, location, zoning and land use classification.

SECTION 6. Standards for Noise-Producing Equipment. — There shall be established a standard for noise producing equipment such as construction equipment, transportation equipment, stationary engines, and electrical or electronic equipment and such similar equipment or contrivances. The standards shall set a limit on the acceptable level of noise emitted from a given equipment for the protection of public health and welfare, considering among others, the magnitude and condition of use, the degree of noise reduction achievable through the application of best available technology and the cost of compliance.

The Installation of any noise-producing equipment shall conform with the requirements of Presidential Decree No. 1096 and other applicable laws as well as their implementing rules and regulations.

SECTION 7. Aircraft Emission and Sonic Booms. — Appropriate government agencies shall encourage research studies on the harmful effects of aircraft emissions in the environment in order to establish permissible emission standards.

Research and studies shall also be undertaken to mitigate and/or minimize the effects of sonic booms in the environment.

CHAPTER II

Regulation and Enforcement

SECTION 8. Air Quality and Noise Standards. — The National Pollution Control Commission in coordination with appropriate government agencies shall be responsible for the enforcement of ambient air quality emission and noise standards, including the monitoring and surveillance of air pollutants, licensing and permitting of air pollution control facilities, and the promulgation of appropriate rules and regulations.

Existing air quality emission and noise standards may be revised and/or modified consistent with new development and technology.

SECTION 9. Aircraft Noise. — Community noise standards around airports shall be implemented by the Civil Aeronautics Administration in coordination with the National Pollution Control Commission.

SECTION 10. Vehicular Emissions. — The Land Transportation Commission, in coordination with the National Pollution Control Commission, shall implement emission standards for motor vehicles and may deputize other appropriate law enforcement agencies for the purpose.

SECTION 11. Radioactive Emissions. — The release and emission of radioactivity into the environment incident to the establishment or possession of nuclear energy facilities and radioactive materials, handling, transport, production, storage, use and disposal of radioactive materials shall be regulated by the Philippine Atomic Energy Commission  in coordination with other appropriate government agencies.

CHAPTER III

Monitoring

SECTION 12. Air Quality Monitoring. — The National Pollution Control Commission, in coordination with appropriate government agencies, shall establish to the greatest extent practicable an air quality monitoring network. Such air quality monitoring network shall put to maximum use the capabilities of these agencies.

The National Environmental Protection Council shall be furnished with the results of air quality monitoring activities.

SECTION 13. Weather Modification. — The Philippine Atmospheric, Geophysical and Astronomical Services Administration shall monitor regularly meteorological factors affecting environmental conditions in order to effectively guide air pollution monitoring activities.

Activities relating to weather modification such as rainfall stimulation and storm seeding experiments shall be undertaken in consultation and/or in coordination with the Philippine Atmospheric, Geophysical and Astronomical Services Administration.

TITLE II

Water Quality Management

SECTION 14. Purpose. — It is the purpose of this Title to prescribe management guidelines aimed to protect and improve the quality of Philippine water resources through:

a) classification of Philippine waters;

b) establishment of water quality standards;

c) protection and improvement of the quality of Philippine water resources, and

d) responsibilities for surveillance and mitigation of pollution incidents.

CHAPTER I

Classification and Standards

SECTION 15. Classification of Philippine Waters. — The National Pollution Control Commission, in coordination with appropriate government agencies, shall classify Philippine waters, according to their best usage. In classifying said waters, the National Pollution Control Commission shall take into account, among others, the following:

a) the existing quality of the body of water at the time of classification;

b) the size, depth, surface area covered, volume, direction, rate of flow, gradient of stream; and

c) the most beneficial uses of said bodies of water and lands bordering them for residential, agricultural, commercial, industrial, navigational, recreational, and aesthetic purposes.

SECTION 16. Reclassification of Waters Based on Intended Beneficial Use. — Where the public interest so requires, the National Pollution Control Commission, in coordination with appropriate government agencies, shall reclassify a body of water based on the intended beneficial use and take such steps as may be necessary to upgrade the quality of said water. Other government agencies may adopt higher standards for a particular body of water, subject to the approval of the National Pollution Control Commission.

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 18. Water Quality Standards. — The National Pollution Control Commission shall prescribe quality and effluent standards consistent with the guidelines set by the National Environmental Protection Council and the classification of waters prescribed in the preceding sections, taking into consideration, among others, the following:

a) the standard of water quality or purity may vary according to beneficial uses; and

b) the technology relating to water pollution control.

CHAPTER II

Protection and Improvement of Water Quality

SECTION 19. Enforcement and Coordination. — The production, utilization, storage and distribution of hazardous, toxic and other substances such as radioactive materials,  heavy metals, pesticides, fertilizers, and oils, and the disposal, discharge and dumping of untreated wastewater, mine tailings and other substances that may  pollute any body of water of the Philippines resulting from normal operations of industries, water-borne sources, and other human activities as well as those resulting from accidental spills and discharge shall be regulated by appropriate government agencies pursuant to their respective charters and enabling legislations. In the performance of the above functions, the government agencies concern shall coordinate with the National Environmental Protection Council and furnish the latter with such information as may be necessary to enable it to attain its objectives under Presidential Decree No. 1121.

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 21. Water Quality Monitoring and Surveillance. — The various government agencies concerned with environmental protection shall establish to the greatest extent practicable a water quality surveillance and monitoring network with sufficient stations and sampling schedules to meet the needs of the country. Said water quality surveillance network shall put to maximum use the capabilities of such government agencies. Each agency involved in such network shall report to the National Environmental Protection Council the results of these monitoring activities as the need arises.

TITLE III

Land Use Management

SECTION 22. Purpose. — The purposes of this Title are:

a) to provide a rational, orderly and efficient acquisition, utilization and disposition of land and its resources in order to derive therefrom maximum benefits; and

b) to encourage the prudent use and conservation of land resources in order to prevent an imbalance between the nation’s needs and such resources.

SECTION 23. National Land Use Scheme. — The Human Settlements Commission, in coordination with the appropriate agencies of the government, shall formulate and recommend to the National Environmental Protection Council a land use scheme consistent with the purpose of this Title.

The Land Use Scheme shall include among others, the following:

a) a science-based and technology-oriented land inventory and classification system;

b) a determination of present land uses, the extent to which they are utilized, underutilized, rendered idle or abandoned;

c) a comprehensive and accurate determination of the adaptability of the land for community development, agriculture, industry, commerce and other fields of endeavor;

d) a method of identification of areas where uncontrolled development could result in irreparable damage to important historic, cultural, or aesthetic values, or natural systems or processes of national significance;

e) a method for exercising control by the appropriate government agencies over the use of land in areas of critical environmental concern and areas impacted by public facilities including, but not limited to, airports, highways, bridges, ports and wharves, buildings and other infrastructure projects;

f) a method to ensure the consideration of regional development and land use in local regulations;

g) a policy for influencing the location of new communities and methods for assuring appropriate controls over the use of land around new communities;

h) a system of controls and regulations pertaining to areas and development activities designed to ensure that any source of pollution will not be located where it would result in a violation of any applicable environmental pollution control regulations; and

i) a recommended method for the periodic revisions and updating of the national land use scheme to meet changing conditions.

SECTION 24. Location of Industries. — In the location of industries, factories, plants, depots and similar industrial establishments, the regulating or enforcing agencies of the government shall take into consideration the social, economic, geographic and significant environmental impact of said establishments.

TITLE IV

Natural Resources Management and Conservation

SECTION 25. Purposes. — The purposes of this Title are:

a) to provide the basic policy on the management and conservation of the country’s natural resources to obtain the optimum benefits therefrom and to preserve the same for the future generations; and

b) to provide general measures through which the aforesaid policy may be carried out effectively.

CHAPTER I

Fisheries and Aquatic Resources

SECTION 26. Management Policy. — The National government, through the Department of Natural Resources, shall establish a system of rational exploitation of fisheries and aquatic resources within the Philippine territory and shall encourage citizen participation therein to maintain and/or enhance the optimum and continuous productivity of the same.

SECTION 27. Measures for National Exploitation. — Measures for the rational exploitation of fisheries and other aquatic resources may include, but shall not be limited to, the following:

a) undertaking manpower and expertise development;

b) acquiring the necessary facilities and equipment;

c) regulating the marketing of threatened species of fish or other aquatic resources;

d) reviewing all existing rules and regulations on the exploitation of fisheries and aquatic resources with a view of formulating guidelines for the systematic and effective enforcement thereof; and

e) conserving the vanishing species of fish and aquatic resources such as turtles, sea snakes, crocodiles, corals, as well as maintaining the mangrove areas, marshes and inland waters, coral reef-areas and islands serving as sanctuaries for fish and other aquatic life.

CHAPTER II

Wildlife

SECTION 28. Management Policy. — The national government, through the Department of Natural Resources, shall establish a system of rational exploitation and conservation of wildlife resources and shall encourage citizen participation in the maintenance and/or enhancement of their continuous productivity.

SECTION 29. Measures for Rational Exploitation. — Measures for rational exploitation of wildlife resources may include, but shall not be limited to, the following:

a) regulating the marketing of threatened wildlife resources;

b) reviewing all existing rules and regulations on the exploitation of wildlife resources with a view of formulating guidelines for the systematic and effective enforcement thereof; and

c) conserving the threatened species of fauna, increasing their rate of reproduction, maintaining their original habitat, habitat manipulation, determining bag/creel limits, population control in relation to the carrying capacity of any given area, banning of indiscriminate and/or destructive means of catching or hunting them.

CHAPTER III

Forestry and Soil Conservation

SECTION 30. Management Policy for Forestry. — The national government, through the Department of Natural Resources, shall undertake a system of rational exploitation of forest resources and shall encourage citizen participation therein to keep the country’s forest resources at maximum productivity at all time.

SECTION 31. Measures for Rational Exploitation of Forest Resources. — Measures for the rational exploitation of forest resources may include, but shall not be limited to, the following:

a) regulating the marketing of threatened forest resources;

b) reviewing all existing rules and regulations on the exploitation of forest resources with a view of formulating guidelines for the systematic and efficient enforcement thereof;

c) conserving threatened species of flora as well as increasing their rate of propagation; the banning of destructive modes of exploitation, kaingin making or shifting cultivation, indiscriminate harvesting of minor forest products the recycling methods of waste materials, and

d) carrying out a continuing effect on reforestation; timber stand improvement; forest protection; land classification; forest occupancy management; agri-silviculture; range management; agri-silvicultural/kaingin management; industrial tree plantation; parks and wildlife management; multiple use forest; timber management and forest research.

SECTION 32. Use of Fertilizers and Pesticides. — The use of fertilizers and pesticides in agriculture shall be regulated prescribing therefor a tolerance level in their use. Their use shall be monitored by appropriate government agencies to provide empirical data for effective regulation.

SECTION 33. Management Policy on Soil Conservation. — The national government, through the Department of Natural Resources and the Department of Agriculture, shall likewise undertake a soil conservation program including therein the identification and protection of critical watershed areas, encouragement of scientific farming techniques, physical and biological means of soil conservation, and short-term and long-term researches and technology for effective soil conservation.

CHAPTER IV

Flood Control and Natural Calamities

SECTION 34. Measures in Flood Control Program. — In addition to the pertinent provisions of existing laws, the following shall be included in a soil erosion, sediment and flood control program:

a) the control of soil erosion on the banks of rivers, the shores of lakes, and the seashores;

b) the control of flow and flooding in and from rivers and lakes;

c) the conservation of water which, for purposes of this Section shall mean forms of water, but shall not include captive water;

d) the needs of fisheries and wildlife and all other recreational uses of natural water;

e) measures to control the damming, diversion, taking, and use of natural water, so far as any such act may affect the quality and availability of natural water for other purposes; and

f) measures to stimulate research in matters relating to natural water and soil conservation and the application of knowledge thereby acquired.

SECTION 35. Measures to Mitigate Destructive Effects of Calamities. — The national government, through the Philippine Atmospheric, Geophysical and Astronomical Services Administration, shall promote intensified and concerted research efforts on weather modification, typhoon, earthquake, tsunami, storm surge, and other tropical natural phenomena in order to bring about any significant effect to mitigate or prevent their destructive effects.

CHAPTER V

Energy Development

SECTION 36. Policy. — Consistent with the environmental protection policies, the national government, through the Energy Development Board, shall undertake an energy development program encouraging the utilization of invariant sources such as solar, wind and tidal energy.

SECTION 37. Measures for Energy Development. — Measures for energy development program may include, but shall not be limited to, the following:

a) setting up of pilot plants utilizing invariant sources of energy;

b) training of technical personnel for purposes of energy development; and

c) conducting researches aimed at developing technology for energy development.

SECTION 38. Safety Measures on Energy Development. — Rules and regulations shall be promulgated to prevent or mitigate the adverse effects of energy development on the environment. For this purpose, all nuclear powered plants exploring and utilizing geothermal energy, whether owned or controlled by private or government entities shall:

a) observe internationally accepted standards of safety; and

b) provide safety devices to ensure the health and welfare of their personnel as well as the surrounding community.

CHAPTER VI

Conservation and Utilization of Surface and Ground Waters

SECTION 39. Management Policy. — In addition to existing laws, the national government through the National Water Resources Council in coordination with other appropriate government agencies, shall prescribe measures for the conservation and improvement of the quality of Philippine water resources and provide for the prevention, control and abatement of water pollution.

CHAPTER VII

Mineral Resources

SECTION 40. Management Policy. — The national government, through the Department of Natural Resources, shall undertake a system of gainful exploitation and rational and efficient utilization of mineral resources and shall encourage citizen participation in this endeavor.

SECTION 41. Measures for Exploitation and Utilization of Mineral Resources. — Measures for the gainful exploitation and rational and efficient utilization of such mineral resources may include, but shall not be limited to, the following:

a) increasing research and development in mineral resources technology;

b) training of additional technical manpower needed in geology, geophysics, mining engineering, and related fields;

c) regulating the exploitation of identified mineral reserves;

d) accelerating the exploration of undiscovered mineral deposits; and

e) encouraging the establishment of processing plants for refined metals.

TITLE V

Waste Management

SECTION 42. Purposes. — The purposes of this Title are:

a) to set guidelines for waste management with a view to ensuring its effectiveness;

b) to encourage, promote and stimulate technological, educational, economic and social efforts to prevent environmental damage and unnecessary loss of valuable resources of the nation through recovery, recycling and re-use of wastes and waste products; and

c) to provide measures to guide and encourage appropriate government agencies in establishing sound, efficient, comprehensive and effective waste management.

CHAPTER I

Enforcement and Guidelines

SECTION 43. Waste Management Programs. — Preparation and implementation of waste management programs 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 44. Responsibility of Local Governments. — Each province, city or municipality shall provide measures to facilitate the collection, transportation, processing and disposal of waste within its jurisdiction in coordination with other government agencies concerned. For this purpose, the national government shall provide the necessary subsidy, to local governments upon request made through the National Environmental Protection Council and subject to such terms and conditions as the latter may provide.

CHAPTER II

Methods of Solid Waste Disposal

SECTION 45. Solid Waste Disposal. — Solid Waste disposal shall be by sanitary landfill, incineration, composting, and other methods as may be approved by competent government authority.

SECTION 46. Sanitary Landfills. — Local governments, including private individuals, corporations or organizations may operate one or more sanitary landfills. Any entity proposing to operate a sanitary landfill shall submit to the appropriate government agency an operational work plan showing, among other things, a map of the proposed work location, disposal areas for rubbish, garbage, refuse and other waste matter; and the equipment or machinery needed to accomplish its operations. In no case shall landfill or work locations under this Section be located along any shore or coastline, or along the banks of rivers and streams, lakes, throughout their entire length, in violation of any existing rules and regulations.

SECTION 47. Incineration and Composting Plants. — The installation and establishment of incineration or composting plants, or the alteration/modification of any part thereof shall be regulated by the local governments concerned in coordination with the National Pollution Control Commission.

SECTION 48. Disposal Sites. — The location of solid waste disposal sites shall conform with existing zoning; land use standards, and pollution control regulations.

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.

CHAPTER III

Methods of Liquid Waste Disposal

SECTION 50. Liquid Waste Disposal. — Wastewater from manufacturing plants, industries, community, or domestic sources shall be treated either physically, biologically or chemically prior to disposal in accordance with the rules and regulations promulgated by proper government authority.

SECTION 51. Applicability of Sec. 8. — The provisions of Sec. 8 hereof shall likewise apply to the dumping or disposal of liquid waste into the sea and other bodies of water.

TITLE VI

Miscellaneous Provisions

SECTION 52. Population-Environment Balance. — In the assessment of development projects, the National Environmental Protection Council, hereinafter referred to in this Title as the “Council” shall take into consideration their effect on population with a view to achieving a rational and orderly balance between man and his environment.

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 54. Environmental Research. — The Council shall undertake and/or promote continuing studies and research programs on environmental management and shall, from time to time, determine priority areas of environmental research.

SECTION 55. Monitoring and Dissemination of Environmental Information of Foreign Origin. — The Council shall keep itself informed of current environmental developments by obtaining information and literature from foreign sources through the Department of Foreign Affairs, government agencies and other entities, both domestic and foreign. Such information and literature shall be given the widest dissemination possible.

SECTION 56. Incentives. — To operate the installation and the utilization of pollution control facilities, the following incentives are hereby granted:

a) exemption to the extent of fifty (50) per cent of tariff duties and compensating tax for the importation of pollution control equipment, devices, spare parts and accessories for a period of five (5) years from the effectivity of this Decree subject to the conditions that will be imposed by the Council;

b) a tax credit equivalent to fifty (50) per cent of the value of the compensating tax and tariff duties that would have been paid on the pollution control equipment, devices, spare parts and accessories had these items been imported shall, within a period of seven (7) years from the effectivity of this Decree be given to the person or firm who or which purchases them from a domestic manufacturer, and another tax credit equivalent to twenty-five (25) per cent thereof shall be given to the said manufacturer subject to such conditions as may be imposed by the Council; and

c) deductions equivalent to fifty (50) per cent of the expenses actually incurred on research projects undertaken to develop technologies for the manufacture of pollution control equipment which have been proven effective and commercially reproducible, from the taxable income of the person or firm actually undertaking such projects subject to the conditions that may be imposed by the Council.

The pollution control equipment, devices, spare parts and accessories acquired under this Section shall not be sold, transferred or disposed of within five (5) years from the date of acquisition without the prior approval of the Council otherwise the importer or purchaser shall pay twice the amount of the tax exemption or tax credit granted.

SECTION 57. Financial Assistance/Grant. — Financial assistance/grant for the study, design and construction of environmental protection facilities especially for waste disposal in favor of cities, municipalities, small and medium-scale industries may be granted on a case to case basis subject to such conditions as may be imposed by the Council.

SECTION 58. Participation of Local Government Units and Private Individuals. — It shall be the responsibility of local government units as well as private individuals to actively participate in the environmental management and protection programs of the government.

SECTION 59. Preservation of Historic and Cultural Resources and Heritage. — It shall be the duty of every person to help preserve the historic and cultural resources of the country such as sites, structures, artifacts, documents, objects, memorials and priceless trees.

SECTION 60. Government Offices Performing Environmental Protection Functions. — Government agencies vested by law to exercise environmental management powers, shall continue to function as such within their respective jurisdictions. The Council may, however, in the exercise of its powers and functions under Presidential Decree No. 1121, inquire into any action or issue of environmental significance.

SECTION 61. Public Hearings. — The Council may, whenever it deems necessary, conduct public hearings on issues of environmental significance.

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 developments, 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.

TITLE VII

Final Provisions

SECTION 63. Separability of Provisions. — If any provision of this Code, or the application of such provisions to any person or circumstance, is declared unconstitutional, the remainder of the Code or the application of such provision to other persons or circumstances shall not be affected by such declaration.

SECTION 64. Effectivity. — This Code shall take effect upon its approval.

DONE in the City of Manila, this 6th day of June, in the year of Our Lord, Nineteen Hundred and Seventy-Seven.

Published in the Official Gazette, Vol. 73 No. 32 Page 7363 on August 8, 1977.

PHILIPPINE ENVIRONMENTAL POLICY (PRESIDENTIAL DECREE No. 1151)

MALACAÑANG 
MANILA

PRESIDENTIAL DECREE No. 1151

PHILIPPINE ENVIRONMENTAL POLICY

WHEREAS, the individual and, at times, conflicting, demands of population growth, urbanization, industrial expansion, rapid natural resources utilization and increasing technological advances have resulted in a piecemeal-approach concept of environmental protection;

WHEREAS, such tunnel-vision concept is not conducive to the attainment of an ideal environmental situation where man and nature can thrive in harmony with one another; and

WHEREAS, there is now an urgent need to formulate an intensive, integrated program of environmental protection that will bring about a concerted effort towards the protection of the entire spectrum of the environment through a requirement of environmental impact assessments and statements:

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby order and decree:

Section 1. Policy. It is hereby declared a continuing policy of the State (a) to create, develop, maintain and improve conditions under which man and nature can thrive in productive and enjoyable harmony with each other, (b) to fulfill the social, economic and other requirements of present and future generations of Filipinos, and (c) to insure the attainment of an environmental quality that is conducive to a life of dignity and well-being.

Section 2. Goal. In pursuing this policy, it shall be the responsibility of the Government, in cooperation with concerned private organizations and entities, to use all practicable means, consistent with other essential considerations of national policy, in promoting the general welfare to the end that the Nation may (a) recognize, discharge and fulfill the responsibilities of each generation as trustee and guardian of the environment for succeeding generations, (b) assure the people of a safe, decent, healthful, productive and aesthetic environment, (c) encourage the widest exploitation of the environment without degrading it, or endangering human life, health and safety or creating conditions adverse to agriculture, commerce and industry, (d) preserve important historic and cultural aspects of the Philippine heritage, (e) attain a rational and orderly balance between population and resource use, and (f) improve the utilization of renewable and non-renewable resources.

Section 3. Right to a Healthy Environment. In furtherance of these goals and policies, the Government recognizes the right of the people to a healthful environment. It shall be the duty and responsibility of each individual to contribute to the preservation and enhancement of the Philippine environment.

Section 4. Environmental Impact Statements. Pursuant to the above enunciated policies and goals, all agencies and instrumentalities of the national government, including government-owned or controlled corporations, as well as private corporations firms and entities shall prepare, file and include in every action, project or undertaking which significantly affects the quality of the environment a detail statement on

(a) the environmental impact of the proposed action, project or undertaking

(b) any adverse environmental effect which cannot be avoided should the proposal be implemented;

(c) alternative to the proposed action;

(d) a determination that the short-term uses of the resources of the environment are consistent with the maintenance and enhancement of the long-term productivity of the same; and

(e) whenever a proposal involve the use of depletable or non-renewable resources, a finding must be made that such use and commitment are warranted.

Before an environmental impact statement is issued by a lead agency, all agencies having jurisdiction over, or special expertise on, the subject matter involved shall comment on the draft environmental impact statement made by the lead agency within thirty (30) days from receipt of the same.

Section 5. Agency Guidelines. The different agencies charged with environmental protection as enumerated in Letter of Instruction No. 422 shall, within sixty (60) days from the effectivity of this Decree, submit to the National Environmental Protection Council (NEPC), their respective guidelines, rules and regulations to carry out the provisions of Sec. 4 hereof on environmental impact assessments and statements.

Section 6. Repealing Clause. All Acts, Presidential Decrees, executive orders, rules and regulations or parts thereof which are inconsistent with the provisions of this Decree are hereby repealed, amended or modified accordingly.

Section 7. Effectivity. This Decree shall take effect immediately.

Done in the City of Manila this 6th day of June in the year of Our Lord, nineteen hundred and seventy-nine.

(Sgd.) FERDINAND E. MARCOS

By the President:

(Sgd.) JUAN C. TUVERA
Presidential Assistant

LOCAL GOVERNMENT

ARTICLE X

LOCAL GOVERNMENT

GENERAL PROVISIONS

Section 1. The territorial and political subdivisions of the Republic of the Philippines are the provinces, cities, municipalities, and barangays. There shall be autonomous regions in Muslim Mindanao and the Cordilleras as hereinafter provided. 

Section 2. The territorial and political subdivisions shall enjoy local autonomy. 

Section 3. The Congress shall enact a local government code which shall provide for a more responsive and accountable local government structure instituted through a system of decentralization with effective mechanisms of recall, initiative, and referendum, allocate among the different local government units their powers, responsibilities, and resources, and provide for the qualifications, election, appointment and removal, term, salaries, powers and functions and duties of local officials, and all other matters relating to the organization and operation of the local units. 

Section 4. The President of the Philippines shall exercise general supervision over local governments. Provinces with respect to component cities and municipalities, and cities and municipalities with respect to component barangays, shall ensure that the acts of their component units are within the scope of their prescribed powers and functions. 

Section 5. Each local government unit shall have the power to create its own sources of revenues and to levy taxes, fees and charges subject to such guidelines and limitations as the Congress may provide, consistent with the basic policy of local autonomy. Such taxes, fees, and charges shall accrue exclusively to the local governments. 

Section 6. Local government units shall have a just share, as determined by law, in the national taxes which shall be automatically released to them. 

Section 7. Local governments shall be entitled to an equitable share in the proceeds of the utilization and development of the national wealth within their respective areas, in the manner provided by law, including sharing the same with the inhabitants by way of direct benefits. 

Section 8. The term of office of elective local officials, except barangay officials, which shall be determined by law, shall be three years and no such official shall serve for more than three consecutive terms. Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of his service for the full term for which he was elected. 

Section 9. Legislative bodies of local governments shall have sectoral representation as may be prescribed by law. 

Section 10. No province, city, municipality, or barangay may be created, divided, merged, abolished, or its boundary substantially altered, except in accordance with the criteria established in the local government code and subject to approval by a majority of the votes cast in a plebiscite in the political units directly affected. 

Section 11. The Congress may, by law, create special metropolitan political subdivisions, subject to a plebiscite as set forth in Section 10 hereof. The component cities and municipalities shall retain their basic autonomy and shall be entitled to their own local executive and legislative assemblies. The jurisdiction of the metropolitan authority that will thereby be created shall be limited to basic services requiring coordination. 

Section 12. Cities that are highly urbanized, as determined by law, and component cities whose charters prohibit their voters from voting for provincial elective officials, shall be independent of the province. The voters of component cities within a province, whose charters contain no such prohibition, shall not be deprived of their right to vote for elective provincial officials. 

Section 13. Local government units may group themselves, consolidate or coordinate their efforts, services, and resources for purposes commonly beneficial to them in accordance with law. 

Section 14. The President shall provide for regional development councils or other similar bodies composed of local government officials, regional heads of departments and other government offices, and representatives from non-governmental organizations within the regions for purposes of administrative decentralization to strengthen the autonomy of the units therein and to accelerate the economic and social growth and development of the units in the region.

AUTONOMOUS REGIONS

Section 15. There shall be created autonomous regions in Muslim Mindanao and in the Cordilleras consisting of provinces, cities, municipalities, and geographical areas sharing common and distinctive historical and cultural heritage, economic and social structures, and other relevant characteristics within the framework of this Constitution and the national sovereignty as well as territorial integrity of the Republic of the Philippines. 

Section 16. The President shall exercise general supervision over autonomous regions to ensure that laws are faithfully executed. 

Section 17. All powers, functions, and responsibilities not granted by this Constitution or by law to the autonomous regions shall be vested in the National Government. 

Section 18. The Congress shall enact an organic act for each autonomous region with the assistance and participation of the regional consultative commission composed of representatives appointed by the President from a list of nominees from multi-sectoral bodies. The organic act shall define the basic structure of government for the region consisting of the executive department and legislative assembly, both of which shall be elective and representative of the constituent political units. The organic acts shall likewise provide for special courts with personal, family, and property law jurisdiction consistent with the provisions of this Constitution and national laws. 

The creation of the autonomous region shall be effective when approved by majority of the votes cast by the constituent units in a plebiscite called for the purpose, provided that only provinces, cities, and geographic areas voting favorably in such plebiscite shall be included in the autonomous region. 

Section 19. The first Congress elected under this Constitution shall, within eighteen months from the time of organization of both Houses, pass the organic acts for the autonomous regions in Muslim Mindanao and the Cordilleras. 

Section 20. Within its territorial jurisdiction and subject to the provisions of this Constitution and national laws, the organic act of autonomous regions shall provide for legislative powers over: 

• Administrative organization; 
• Creation of sources of revenues; 
• Ancestral domain and natural resources; 
• Personal, family, and property relations; 
• Regional urban and rural planning development; 
• Economic, social, and tourism development; 
• Educational policies; 
• Preservation and development of the cultural heritage; and 
• Such other matters as may be authorized by law for the promotion of the general welfare of the people of the region.

Section 21. The preservation of peace and order within the regions shall be the responsibility of the local police agencies which shall be organized, maintained, supervised, and utilized in accordance with applicable laws. The defense and security of the regions shall be the responsibility of the National Government

BILL OF RIGHTS

ARTICLE III

BILL OF RIGHTS

Section 1. No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws. 

Section 2. The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the persons or things to be seized. 

Section 3. (1) The privacy of communication and correspondence shall be inviolable except upon lawful order of the court, or when public safety or order requires otherwise, as prescribed by law. 

(2) Any evidence obtained in violation of this or the preceding section shall be inadmissible for any purpose in any proceeding. 

Section 4. No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people peaceably to assemble and petition the government for redress of grievances. 

Section 5. No law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed. No religious test shall be required for the exercise of civil or political rights. 

Section 6. The liberty of abode and of changing the same within the limits prescribed by law shall not be impaired except upon lawful order of the court. Neither shall the right to travel be impaired except in the interest of national security, public safety, or public health, as may be provided by law. 

Section 7. The right of the people to information on matters of public concern shall be recognized. Access to official records, and to documents and papers pertaining to official acts, transactions, or decisions, as well as to government research data used as basis for policy development, shall be afforded the citizen, subject to such limitations as may be provided by law. 

Section 8. The right of the people, including those employed in the public and private sectors, to form unions, associations, or societies for purposes not contrary to law shall not be abridged. 

Section 9. Private property shall not be taken for public use without just compensation. 

Section 10. No law impairing the obligation of contracts shall be passed. 

Section 11. Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied to any person by reason of poverty. 

Section 12. (1) Any person under investigation for the commission of an offense shall have the right to be informed of his right to remain silent and to have competent and independent counsel preferably of his own choice. If the person cannot afford the services of counsel, he must be provided with one. These rights cannot be waived except in writing and in the presence of counsel. 

• No torture, force, violence, threat, intimidation, or any other means which vitiate the free will shall be used against him. Secret detention places, solitary, incommunicado, or other similar forms of detention are prohibited. 
• Any confession or admission obtained in violation of this or Section 17 hereof shall be inadmissible in evidence against him. 
• The law shall provide for penal and civil sanctions for violations of this section as well as compensation to the rehabilitation of victims of torture or similar practices, and their families. 

Section 13. All persons, except those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong, shall, before conviction, be bailable by sufficient sureties, or be released on recognizance as may be provided by law. The right to bail shall not be impaired even when the privilege of the writ of habeas corpus is suspended. Excessive bail shall not be required. 

Section 14. (1) No person shall be held to answer for a criminal offense without due process of law. 

(2) In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved, and shall enjoy the right to be heard by himself and counsel, to be informed of the nature and cause of the accusation against him, to have a speedy, impartial, and public trial, to meet the witnesses face to face, and to have compulsory process to secure the attendance of witnesses and the production of evidence in his behalf. However, after arraignment, trial may proceed notwithstanding the absence of the accused: Provided, that he has been duly notified and his failure to appear is unjustifiable. 

Section 15. The privilege of the writ of habeas corpus shall not be suspended except in cases of invasion or rebellion, when the public safety requires it. 

Section 16. All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-judicial, or administrative bodies. 

Section 17. No person shall be compelled to be a witness against himself. 

Section 18. (1) No person shall be detained solely by reason of his political beliefs and aspirations. 

(2) No involuntary servitude in any form shall exist except as a punishment for a crime whereof the party shall have been duly convicted. 

Section 19. (1) Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment inflicted. Neither shall death penalty be imposed, unless, for compelling reasons involving heinous crimes, the Congress hereafter provides for it. Any death penalty already imposed shall be reduced to reclusion perpetua. 

(2) The employment of physical, psychological, or degrading punishment against any prisoner or detainee or the use of substandard or inadequate penal facilities under subhuman conditions shall be dealt with by law. 

Section 20. No person shall be imprisoned for debt or non-payment of a poll tax. 

Section 21. No person shall be twice put in jeopardy of punishment for the same offense. If an act is punished by a law and an ordinance, conviction or acquittal under either shall constitute a bar to another prosecution for the same act. 

Section 22. No ex post facto law or bill of attainder shall be enacted.

DECLARATION OF PRINCIPLES AND STATE POLICIES

ARTICLE II

DECLARATION OF PRINCIPLES AND STATE POLICIES

Section 1. The Philippines is a democratic and republican State. Sovereignty resides in the people and all government authority emanates from them. 

Section 2. The Philippines renounces war as an instrument of national policy, adopts the generally accepted principles of international law as part of the law of the land and adheres to the policy of peace, equality, justice, freedom, cooperation, and amity with all nations. 

Section 3. Civilian authority is, at all times, supreme over the military. The Armed Forces of the Philippines is the protector of the people and the State. Its goal is to secure the sovereignty of the State and the integrity of the national territory. 

Section 4. The prime duty of the Government is to serve and protect the people. The

Government may call upon the people to defend the State and, in the fulfillment thereof, all citizens may be required, under conditions provided by law, to render personal, military or civil service. 

Section 5. The maintenance of peace and order, the protection of life, liberty, and property, and promotion of the general welfare are essential for the enjoyment by all the people of the blessings of democracy. 

Section 6. The separation of Church and State shall be inviolable.  

STATE POLICIES

Section 7. The State shall pursue an independent foreign policy. In its relations with other states, the paramount consideration shall be national sovereignty, territorial integrity, national interest, and the right to self-determination. 

Section 8. The Philippines, consistent with the national interest, adopts and pursues a policy of freedom from nuclear weapons in its territory. 

Section 9. The State shall promote a just and dynamic social order that will ensure the prosperity and independence of the nation and free the people from poverty through policies that provide adequate social services, promote full employment, a rising standard of living, and an improved quality of life for all. 

Section 10. The State shall promote social justice in all phases of national development. 

Section 11. The State values the dignity of every human person and guarantees full respect for human rights. 

Section 12. The State recognizes the sanctity of family life and shall protect and strengthen the family as a basic autonomous social institution. It shall equally protect the life of the mother and the life of the unborn from conception. The natural and primary right and duty of parents in the rearing of the youth for civic efficiency and the development of moral character shall receive the support of the Government. 

Section 13. The State recognizes the vital role of the youth in nation-building and shall promote and protect their physical, moral, spiritual, intellectual, and social well-being. It shall inculcate in the youth patriotism and nationalism, and encourage their involvement in public and civic affairs. 

Section 14. The State recognizes the role of women in nation-building, and shall ensure the fundamental equality before the law of women and men. 

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 17. The State shall give priority to education, science and technology, arts, culture, and sports to foster patriotism and nationalism, accelerate social progress, and promote total human liberation and development. 

Section 18. The State affirms labor as a primary social economic force. It shall protect the rights of workers and promote their welfare. 

Section 19. The State shall develop a self-reliant and independent national economy effectively controlled by Filipinos. 

Section 20. The State recognizes the indispensable role of the private sector, encourages private enterprise, and provides incentives to needed investments. 

Section 21. The State shall promote comprehensive rural development and agrarian reform. 

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

Section 23. The State shall encourage non-governmental, community-based, or sectoral organizations that promote the welfare of the nation. 

Section 24. The State recognizes the vital role of communication and information in nation-building. 

Section 25. The State shall ensure the autonomy of local governments. 

Section 26. The State shall guarantee equal access to opportunities for public service and prohibit political dynasties as may be defined by law. 

Section 27. The State shall maintain honesty and integrity in the public service and take positive and effective measures against graft and corruption. 

Section 28. Subject to reasonable conditions prescribed by law, the State adopts and implements a policy of full public disclosure of all its transactions involving public interest.

NATIONAL TERRITORY

ARTICLE I

NATIONAL TERRITORY

The national territory comprises the Philippine archipelago, with all the islands and waters embraced therein, and all other territories over which the Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial and aerial domains, including its territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas. The waters around, between, and connecting the islands of the archipelago, regardless of their breadth and dimensions, form part of the internal waters of the Philippines.

PREAMBLE OF THE 1987 CONSTITUTION

PREAMBLE

We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane society, and establish a Government that shall embody our ideals and aspirations, promote the common good, conserve and develop our patrimony, and secure to ourselves and our posterity, the blessings of independence and democracy under the rule of law and a regime of truth, justice, freedom, love, equality, and peace, do ordain and promulgate this Constitution.