Manual on Environmental Law Enforcement in Coastal and Marin

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Produced by

The Department of Environment and Natural Resources (DENR),Protected Areas and Wildlife Bureau (PAWB), Coastal and Marine Management Office (CMMO)

In collaboration with

Tanggol Kalikasan, Inc.

And the member organizations of the National Law Enforcement Coordinating CouncilSubcommittee onEnvironment and Natural Resources, Local Government Units, partner Non-government Organizations and

Peoples Organizations, academe and other assisting organizations

With the support of

The Integrated Coastal Resources Management Project (ICRMP), United States Agency for InternationalDevelopment (USAID) & US-Department of Interior (US-DOI)

2013


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Manual on Environmental Law Enforcement in Coastal and Marine Areas

By

Department of Environment and Natural ResourcesProtected Areas and Wildlife BureauCoastal and Marine Management OfficeNinoy Aquino Parks and Wildlife Center, North Avenue, Quezon City

2013

Printed in Manila, Philippines

Citation:

Department of Environment and Natural Resources. 2013. Manual on Environmental Law Enforcement in Coastal and Marine Areas. Coastal and Marine Management Office of the Protected Areas and Wildlife Bureau of the Department of Environment and NaturalResources, Quezon City, Philippines. 474 pp.

This publication is made possible in collaboration with Tanggol Kalikasan, Inc., the United States Department of Interior-InternationalTechnical Assistance Program (US DOI-ITAP) Philippine Project, and the Integrated Coastal Resources Management Project (ICRMP),and by the support of the American People through the United States Agency for International Development (USAID). The contents ofthis manual are the sole responsibility of the authors and do not necessarily reflect the views of the CMMO, PAWB, DENR, US-DOI,USAID or the United States Government.

This publication may be reproduced or quoted in other publications as long as proper reference is made to the source.

Layout and cover design: Walter Lingon

ISBN 978971898684-4


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Message by the Secretary of the Department of Environment and Natural Resources

Surrounding our archipelagos 7,100-plus islands are seas incredibly rich with marine life and other economic resources theworlds center of the center of marine shorefish biodiversity in the Verde Island passage, and the heart of the Coral Triangle,in the Sulu-Sulawesi corridor.

However, along our 36,289 kilometers of coastline the fourth longest coastline in the world live around 60 percent of ourpopulation of around 95.2 million. Human activities, particularly destructive fishing methods, over-extraction, and those thatgenerate pollution, subject these marine resources to severe stress.

And although our laws for the protection of these resources have been described internationally as excellent, weak enforcementhas been a cause for concern. The DENR has thus been mobilizing local government units and the citizenry for the protection,conservation and management of coastal and marine resources. This participatory approach requires that LGUs and citizenspossess not just motivation, also the pertinent knowhow. With this in mind, this Manual on Environmental Law Enforcement inCoastal and Marine Areas was developed with contributions from other government agencies enforcing environmental laws.

This Manual is a practical tool that will inform LGUs, nongovernmental organizations, peoples organizations and othercommunity-based stakeholders of relevant laws to help them enforce laws and regulations on coastal and marine resourcesprotection. This manual also doubles as a handbook for law enforcers in the field, because it features procedure for arrest,search and seizure, and the filing of cases, apart from illustrative case studies on relevant issues.

We thank Tanggol Kalikasan, Inc. and the United States Department of the Interior for contributing technical assistance andexpertise that made the development and publication of this Manual possible. We also acknowledge the support of the U.S.

Agency for International Development and the Asian Development Bank.

From here, we look forward to seeing copies of this Manual encrusted by salt from the seas, their pages much thumbed andannotated by users, as evidence of its usefulness in the field.

Mabuhay!

RAMON J.P. PAJESecretary


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Message by the Secretary of the Department of Agriculture

As an archipelagic nation of more than 7.100 islands with a fourth longest in the world coastline of 36,289 kilometers in total territorialwaters of about 220,000 square kilometers, our fishery sectors potential role and contribution in our drive to increase food productionand farmers and fishers incomes towards food and nutrition sufficiency and surpluses is indeed awesome.

Through the years and decades, however, various factors such as overpopulation, greed, and ignorance has resulted in the worseningdepletion and degradation of our coastal and fishery resources. Due to overfishing, mass destruction of coral reefs, and illegal fishingmethods, our fishermen catch less and less fish, aggravating and widening the cycle of poverty in the our coastal areas.

Through the Agri-Pinoy program, we are now implementing a holistic, participatory, transparent and sustainability-oriented developmentapproach that in the last two years and a half has achieved for our people record harvests in rice, corn and other basic foodcommodities. Likewise, our policy shift from exploitative to sustainable fishery management, featuring fishing bans in certain fisheryareas, has resulted in last years arrest and this years promising reversal of our fishery sectors decline.

It is in this context that we in the DA welcome this Manual on Environmental Law Enforcement in Coastal and Marine Areas. Acompendium of relevant laws and illustrative case studies on coastal and environmental protection, we earnestly hope that this

handbook will unify our methods and approaches to coastal and marine environmental law enforcement and help attain our noblevisions of fishery resource conservation, increased productivity and incomes of our fisherfolk, and self-sufficiency in fish and marineproducts for all Filipinos.

PROCESO J. ALCALASecretary


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Message by the Secretary of the Department of the Interior and Local Government

The publication of the Manual on Environmental Law Enforcement in Coastal and Marine Areas is a major step towards protectingand preserving the marine resources of our archipelago as they continue to be beset with internal and external threats.

As late as mid-2011, the Philippines was listed as one of the worlds most bio-diverse places---but intrusive human activities, includingcoastal degradation, have made our marine treasures one of the most-threatened in the world. Our mangrove, coral reef, seagrass,forest, agro, peatland and freshwater ecosystems are on a precipitous decline. The rate of extinction of our indigenous marine speciesis said to be 1,000 times the natural rate; and is thus described as a silent crisis.

The Manual is a solid contribution to the determined efforts of the Aquino Administration, and of our present and rising generations, tobegin the difficult task of reversing the trend and infusing real hope in the long process of recovery.

For one, the Manual guides law enforcement officers in spotting violations of environmental laws, and prescribes procedures for arrest,search, seizure and the filing of cases. Further, it binds all concerned government agencies tasked with protecting the environment, aswell as local coastal communities, which are our partners in this all-important undertaking, to an approach that clearly defines roles andresponsibilities.

Congratulations to Secretary Ramon Paje of the Department of Environment and Natural Resources for this worthy project, and to allthose who spearheaded this enterprise---in particular the Coastal and Marine Management Office of the Protected Areas and WildlifeBureau, and Tanggol Kalikasan, Inc.

Mabuhay po tayong lahat!

MAR A. ROXASSecretary


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I. Water Pollution 30J. Wildlife Violations 32

Chapter 4. Elements, Recommended Evidence, Penalties and Case Venue of Prohibited Acts 33

A. Access to Foreshore Areas 33B. Failure to Comply with Report Requirements 58

C. Illegal Fishing Activities and Dealing in Illegally-Caught Fish or Fishery Products 60D. Mangrove Destruction 96E. Mining & Quarrying 111F. NIPAS Protected Area Violations 147G. Obstruction to Regulatory Inspection and Disregard of Lawful Orders 155H. Upland Deforestation 160I. Water Pollution 164J. Wildlife Violations 213

Chapter 5. Procedural Rules 233

A. Rules of Criminal Procedure for Environmental Cases 233B. Basic Rights of the Accused 241C. Arrest, Search, Seizure and Detention 243D. Investigation, Documentation and Evidence Gathering 255

Chapter 6. Cases 257

A. Access to Foreshore Areas 257B. Failure to Comply with Report Requirements 258C. Illegal Fishing Activities and Dealing in Illegally-Caught Fish or Fishery Products 259D. Mangrove Destruction 265E. Mining & Quarrying 265F. NIPAS Protected Area Violations 267G. Obstruction to Regulatory Inspection and Disregard of Lawful Orders 268H. Upland Deforestation 269I. Water Pollution 270J. Wildlife Violations 272


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Annexes 275

Annex 1. Full Provisions of Prohibited Acts in Environmental Laws Applicable to Coastal and Marine Areas 275

A. Fisheries 275B. Wildlife 282

C. Water Pollution 283D. Environmental Impact Statement System 289E. Forestry 290F. Protected Areas 291G. Water Code of the Philippines (Presidential Decree 1067) 292

Annex 2. Templates of Forms Used in Environmental Law Enforcement 293

Basic Forms 293Fisheries Law Enforcement Forms (RA 8550) 303Wildlife Law Enforcement Forms (RA 9147) 325Forestry Forms (PD 705) for Mangroves 341EMB Forms for Water Sampling 344

Annex 3. List of Fishery Administrative Orders Relevant to Coastal and Marine Environmental Law Enforcement 346

Annex 4. Projects Covered by the Environmental Impact Statement System 354

Annex 5. Criminal Procedure Flowcharts 356

1. Procedure In Filing and Prosecuting Case under WARRANTLESS ARREST 3562. Procedure In Filing and Prosecuting Case under REGULAR PROCESS 358

Annex 6. Wildlife Law Enforcement Manual Flowcharts 360

1. Investigation Procedure 3602.General Surveillance Procedure 3613.General Regulatory Monitoring Procedure 362


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4.Serving a Warrant of Arrest 3635.Conducting Proper Warrantless Arrest 3646.Search with Warrant 3657.Apprehension, Seizure and Handling 3678.Filing and Prosecution of Cases 3689.Administrative Seizure, Confiscation and Disposition 37110. Departure of Passengers Carrying Wildlife 372

11.Arrival of Passengers Carrying Wildlife 37312.Arrival of Passengers Carrying Wildlife Based on Advance Information 37413.Outgoing and Incoming Cargoes in International Airport and Seaports 37514.Incoming Cargoes and there is advance information on transport of wildlife goods 37615.Incoming and Transshipment of cargoes at international seaports 377and there is advance information of transport of wildlife goods/derivatives16.Departure of Passengers Carrying Wildlife 37817.Arrival of Passengers Carrying Wildlife, Based on Advance Information 37918.Outgoing Cargoes 38019.Incoming Cargoes and there is Advance Information on Transport of Wildlife Goods 38120.Chartered Flights (international and domestic) and there is advance 382information/tips on hot wildlife, by-products or its derivatives

Annex 7. List of threatened wildlife species in accordance with DENR Administrative Order 2004-15 383

Annex 8. List of threatened plants and other wildlife species in accordance with DENR Administrative Order 2007-01 390

Annex 9. List of Hazardous Wastes in DENR Administrative Order 04-36 409

Directory of Key Officials Regional & Provincial Law Enforcement Agencies 416

A. DENR Regional & Provincial Offices 416B. Bureau of Fisheries and Aquatic Resources Regional Offices 439C. Philippine Coastguard 441D. Philippine National Police 442E. Philippine Navy 443

Index 444


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Manual Quick Guide

1. If there is an activity under suspect,search for it using the clusteredillegal or destructive activities inChapter 3 as a guide.

2. Using your selected cluster, look atthe elements of possible violationslisted under the cluster in Chapter 4to pinpoint the violation.

3. To futher check the correspondenceof the activity in #1 with the possibleviolation in #2, go to Annex 1 for thecomplete provision of the law.

4. If there is a need for inter-agencycollaboration, refer to Chapter 1 onmandates of agencies.

5. When the violation has beenidentified, gather the suggestedevidence listed in Chapter 4 on field.

6. If guidance is needed on how toconduct the investigation, gatherevidence, and apprehend violators, goto Chapter 5. Sample forms are foundin Annex 2.

7. When evidence has been gathered,forms prepared and inter-agency

collaborations have been made, referback to Chapter 4 on where to file thecase.

About this Manual

The Coastal and Marine Management Office (CMMO) of the Protected Areas and Wildlife Bureau (PAWB) of the Department of Environment and

Natural Resources (DENR), assisted by TanggolKalikasan, Inc., a public interestenvironmental law office, in cooperation with the United States Department ofInterior (US-DOI) Philippine Project, developed a Manual on Environmental LawEnforcement in Coastal and Marine Areas.

The Manual aims to provide coastal and marine law enforcers on fieldwith an accessible and concise sourcebook of environmental law violations incoastal and marine areas, procedures for arrest, search, seizure and case filing,and common cases on coastal and marine law enforcement.

The Manual has undergone several drafts subjected to four regionalconsultations in Luzon, Visayas and Mindanao (two clustered consultations inLuzon) and one national consultation. The consultant-participants representedthe various government agencies involved in law enforcement in coastal andmarine areas, as well as the academe and non-government organizations.

It is expected that law enforcers will be guided in apprehending andfiling cases against violators of environmental laws in the coastal and marineareas using specific provisions in the following laws:

Presidential Decree No. 705: Revised Forestry Code of thePhilippines, as amended by PD 1559, PD 865, PD 1775, BP Blg. 701,BP Blg. 83, RA 7161, EO 277 and 83 O.G. o. 31

Presidential Decree No. 979: Marine Pollution Decree of 1976 Presidential Decree 1067: Water Code of the Philippines Presidential Decree No. 1586: Establishing an Environmental Impact

Statement System, Including Other Environmental ManagementRelated Measures and for Other Purposes

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Republic ActNo. 7076: Peoples Small-scale Mining Act of 1991 Republic Act No. 7586: National Integrated Protected Areas System (NIPAS) Act of 1992 Republic Act No. 7942: The Philippine Mining Act Republic Act No. 8550: Philippine Fisheries Code of 1998 Republic Act No. 9003: Ecological Solid Waste Management Act of 2000 Republic Act No. 9275: Philippine Clean Water Act Republic Act No. 6969: Toxic Substances and Hazardous and Nuclear Wastes Control Act of 1990 Republic Act No. 9147: Wildlife Resources Conservation and Protection Act

The Manual lists down common illegal and destructive activities in the coastal and marine areas and provides options for thelaw enforcer in filing cases against the violator. It enumerates the penalties for a violation, identifies elements that make up theviolation, and recommends evidence that the law enforcer must gather to prove these elements and successfully file a case against aviolator. The Manual also provides law enforcers with a basic understanding on the new Rules of Criminal Procedure for EnvironmentalCases, general rules on Arrest, Search, Seizure, and Detention, Evidence Gathering, Rules on Evidence and tips on Case Fil ing.

Illustrative cases are also given to guide law enforcers in satisfying the elements of prohibited acts, apprehending violatorsand filing cases in real life.

In addition to the Manual, a Field Guide which consists of Chapters 3 and 4 of the Manual is printed separately to serve asuseful and handy reference for the coastal law enforcers on field covering lists of illegal and destructive activities in coastal and marineareas, including elements, recommended evidences, penalties, and case venue of prohibited acts.

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Acknowledgments

This Manual is a result of the teamwork of the following authors:

Atty. Maria Generosa T. MislangExecutive Director, Tanggol Kalikasan, Inc.

Glenn M. ForbesLaw Enforcement DirectorTanggol Kalikasan, Inc.

Atty. Marina Rabe-Manuel Area Director, Tanggol Kalikasan Northern Luzon

Atty. Rolando R. Recto

Staff Lawyer, Tanggol Kalikasan, Inc.Atty. Maria Carmela B. SalazarStaff Lawyer, Tanggol Kalikasan, Inc.(TK Coordinator for this Project & Main Editor/Writer)

Atty. RonelyBisquera-SheenIn-Country RepresentativeInternational Technical Assistance ProgramUS Department of the Interior (US-DOI)

The CMMO-PAWB-DENR, led by PAWB Director Theresa Mundita S. Lim and CMMO Executive Director Jacob F.Meimban, Jr., assisted by Supvg. Ecosystems Management Specialist , Angelita P. Meniado , and supported by Ms. ChristyGempes and Mr. Leroy Salvador , handled project management and coordination.

Officials and technical staff of the DENR, DA and DILG have contributed considerably in the preparation of this Manual.

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Technical review and editing were made by the authors with the invaluable participation of other members of the TechnicalWorking Group: Atty. Emilio D. Vidad of the DENR Legal Service and Atty. Alton Durban , legal consultant of PAWB.

Special mention should also be made of the valuable input of resource persons, who we call consultant-participants, whowillingly shared their time and participation in the regional and national consultations and acted as technical reviewers of several draftsof the Manual.

From the DENR:DENR Regional Technical Directors for Protected Areas and Wildlife Coastal Zone Management (PAWCZMS)Chiefs of the Coastal and Marine Management Divisions (CMMD)Provincial Environment and Natural Resources Officers (PENROs)Coastal Community Environment and Natural Resource Officers (CENROs)

From the DA:Bureau of Fisheries and Aquatic Resources (BFAR)Provincial Fisheries Officers (PFOs)

From the DILG:Coastal Municipality/City/Provincial LGU RepresentativesPhilippine National Police (PNP)

From the DOTC:Philippine CoastguardMARINAPhilippine Ports Authority

From the DND:Philippine Navy

Partner PO/NGO Representatives

Academic Institution Representatives

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Acronyms

A&D Alienable and disposable AFP Armed Forces of the PhilippinesBFAR Bureau of Fisheries and Aquatic ResourcesBP Batas PambansaCBFMA Community-Based Forest Management AgreementCENRO Community Environment and Natural Resources OfficerCIDG Criminal Investigation and Detection GroupCITES Convention on International Trade of Endangered SpeciesCMMO Coastal and Marine Environment Management OfficeCRMP Community Resource Management PlanDA Department of AgricultureDAO DENR Administrative OrderDENR Department of Environment and Natural ResourcesDENRO Deputized Environment and Natural Resources OfficerDILG Department of Interior and Local Government

DOH Department of HealthDOJ Department of JusticeDOST Department of Science and TechnologyDOTC Department of Transportation and CommunicationsDTI Department of Trade and IndustryECC Environmental Compliance CertificateECA Environmentally Critical AreaECP Environmentally Critical ProjectEEZ Exclusive Economic ZoneEIA Environmental Impact AssessmentEIS Environmental Impact Statement

EMB Environmental Management BureauEO Executive OrderFAO Fisheries Administrative Order

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FARMC Fisheries and Aquatic Resources Management CouncilFED Firearms and Explosives DivisionFLA Foreshore/Fishpond Lease AgreementFMB Forest Management BureauGPS Global Positioning SystemLGU Local Government UnitMAO Municipal Agriculture OfficerMARINA Marine Industry Authority

MGB Mines and Geosciences BureauNAMRIA National Mapping and Resource Information AuthorityNBI National Bureau of InvestigationICC Indigenous Cultural CommunityIP Indigenous PeopleIPRA Indigenous Peoples Rights ActIRR Implementing Rules and RegulationsNCIP National Commission on Indigenous PeoplesNIPAS National Integrated Protected Area SystemOG Official GazettePA Protected AreaPAB Pollution Adjudication BoardPAMB Protected Area Management BoardPASu Protected Area SuperintendentPAWB Protected Areas and Wildlife BureauPCSD Palawan Council for Sustainable DevelopmentPCG Philippine Coast GuardPD Presidential DecreePENRO Provincial Environment and Natural Resources OfficerPNP Philippine National PolicePWRCC Palawan Wildlife Rescue and Conservation CenterRA Republic ActRED Regional Executive DirectorRPC Revised Penal CodeSLAPP Strategic Lawsuit Against Public ParticipationWEO Wildlife Enforcement Officer

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List of Laws, Rules and Regulations Used in the Manual

Laws

Commonwealth ActsCommonwealth Act No. 270 as amended by Commonwealth Act No. 641: An Act to Amend Section 21 of the Administrative Code

Executive OrdersExecutive Order No. 192: Reorganization Act of the Department of Environment and Natural ResourcesExecutive Order No. 292: Administrative Code of 1987Executive Order 513: Reorganizing the Philippine Ports Authority

Presidential DecreesPresidential Decree No. 705: Revised Forestry Code of the Philippines, as amended by PD 1559, PD 865, PD 1775, BP Blg. 701, BPBlg. 83, RA 7161, EO 277 and 83 O.G. o. 31Presidential Decree No. 979: Marine Pollution Decree of 1979Presidential Decree 1067: Water Code of the PhilippinesPresidential Decree No. 1160: Vesting Authority in Barangay Captains to Enforce Pollution and Environmental Control Laws and ForOther PurposesPresidential Decree No. 1586: Establishing an Environmental Impact Statement System, Including Other Environmental ManagementRelated Measures and for Other Purposes

Republic ActsRepublic Act No. 157, as amended by EO 94 Series of 1947: An Act Creating A Bureau of Investigation, Providing Funds Therefor, AndFor Other PurposesRepublic Act No. 6975 as amended by Republic Act No. 8551: Department of the Interior and Local Government Act of 1990Republic ActNo. 7076: Peoples Small-scale Mining Act of 1991Republic Act No. 7160: Local Government Code of 1991Republic Act No. 7586: National Integrated Protected Areas System (NIPAS) Act of 1992

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Republic Act No. 7611: Strategic Environmental Plan for Palawan ActRepublic Act No. 7942: The Philippine Mining ActRepublic Act No. 8550: Philippine Fisheries Code of 1998Republic Act No. 8749: Philippine Clean Air Act of 1999Republic Act No. 9003: Ecological Solid Waste Management Act of 2000Republic Act No. 9147: Wildlife Resources Conservation and Protection Resources ActRepublic Act No. 9275: Philippine Clean Water ActRepublic Act No. 6969: Toxic Substances and Hazardous and Nuclear Wastes Control Act of 1990

Republic Act No. 9993: Philippine Coastguard Law of 2009

Administrative Orders

DENR Administrative OrdersDAO No. 80, Series of 1987: Regulations Governing the Measurement, Assessment and Payment of Forest Charges on Timber andOther Forest ProductsDAO No. 29, Series of 1992: Implementing Rules and Regulations of Republic Act No. 6969DAO No. 10, Series of 1998: Guidelines on the Establishment and Management of CBFM Projects within Mangrove AreasDAO No. 40, Series of 1996: Revised Implementing Rules and Regulations of Republic Act No. 7942, Otherwise Known as the

Philippine Mining Act of 1995DAO No. 30, Series of 2003: Implementing Rules and Regulations of Presidential Decree No. 1586, Establishing the PhilippineEnvironmental Impact Statement SystemDAO No. 15, Series of 2004: Establishing the list of Terrestrial threatened species and their categories, and the list of other wildlifespecies pursuant to Republic Act No. 9147, otherwise known as the wildlife resources conservation and protection act of 2001DAO No. 36, Series of 2004: Revised Procedural Manual on Hazardous Waste ManagementDAO No. 01, Series of 2007: Establishing The National List Of Threatened Philippine Plants And Their Categories, And The List OfOther Wildlife SpeciesDAO No. 26, Series of 2008: Revised Implementing Rules and Regulations of Republic Act No. 7586 or the National IntegratedProtected Areas System ActDAO No. 21, Series of 2010: Providing for a Consolidated Department of Environment and Natural Resources Administrative Order forImplementing Rules and Regulations of Republic Act No. 7942, otherwise known as the "Philippine Mining Act of 1995"

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Fishery Administrative OrdersFAO 222, Seriesof 2003: Regulations on the Operation of Danish Seine (Hulbot-Hulbot)FAO 202, Series of 2000: Ban on Coral Exploitation and ExportationFAO 200, Series of 2000: Guidelines and Procedures in Implementing Section 87 of the Philippine Fisheries Code of 1998FAO 193, Series of 1998: Ban on the taking or catching, selling, purchasing and possessing, transporting and exporting of WhaleSharks and Manta RaysFAO 185-1, Series of 1997: Amending Sections 1 and 2 of FAO No. 185 by adding whales and porpoises in the ban on the taking orcatching, selling, purchasing and possessing, transporting and exporting of DolphinsFAO 185, Series of 1993: Ban on the taking or catching, selling, purchasing, possessing, transporting and exporting of dolphinsFAO 155, Series of 1986, as amended by FAO 155-1, S. 1994: Regulating the use of fine meshed nets in fishing

Joint Administrative OrdersJoint DENR-DA-PCSD Administrative Order No. 01-04: Implementing Rules and Regulations (IRR) of Republic Act 9147 otherwiseknown as the Wildlife Resources Conservation and Protection Act of 2001.

OpinionsDepartment of Justice Opinion No. 23, Series of 1994: Interpreting RA 7161, the prohibition on all types of cutting of mangroves

Supreme Court Administrative Matters A.M. No. 09-6-8-SC: Rules of Procedure for Environmental Cases

ResolutionsPollution Adjudication Board Resolution No. 01, Series of 2010: Revised Rules of the Pollution Adjudication Board (PAB) On Pleading,Practice and Procedure in Pollution Cases

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Chapter 1. Laws Applicable to Environmental Law Enforcement

in Coastal and Marine Areas

The Ecological Solid Waste Management Act of 2000 (Republic Act 9003) is also known as An Act Providing For AnEcological Solid Waste Management Program, Creating The Necessary Institutional Mechanisms And Incentives, Declaring Certain

Acts Prohibited And Providing Penalties, Appropriating Funds Therefor, And For Other Purposes. It provides the legal framework forthe countrys systematic, comprehensive and ecological solid waste management program to protect public health and theenvironment. 1

An Act Establishing an Environmental Impact Statement System, Including Other Environmental Management RelatedMeasures and for Other Purposes (Presidential Decree 1586) established an Environmental Impact Statement System founded andbased on the environmental impact statement (EIS) required, under Section 4 of Presidential Decree 1151, of all agencies andinstrumentalities of the national government, including government-owned or controlled corporations, as well as private corporations,firms and entities, for every proposed project and undertaking significantly affecting environmental quality. 2 The EIS contains theenvironmental impact of every proposed action, project or undertaking, its potential adverse environmental effect and alternatives to theproposed activity. 3

The Marine Pollution Decree of 1976 (Presidential Decree 979) embodies the national policy to prevent and control the

pollution of seas by the dumping of wastes and other matter which create hazards to human health, harm living resources and marinelife, damage amenities, or interfere with the legitimate uses of the sea within the territorial jurisdiction of the Philippines. 4

The Philippine Mining Act (Republic Act 7942), or An Act Instituting a New System of Mineral Resources Exploration,Development, Utilization, and Conservation, governs mineral resource exploration, development, utilization and conservation throughthe combined efforts of the government and private sector to enhance national growth while effectively safeguarding the environmentand protecting the rights of affected communities

5.

In 1992, the National Integrated Protected Areas System (NIPAS) Act (Republic Act 7586), otherwise known as An ActProviding for the Establishment and Management of National Integrated Protected Areas System, Defining Its Scope and Coverage,

and for Other Purposes, was enacted. It provided for the classification and administration of outstandingly remarkable areas andbiologically important public lands that are habitats of rare and endangered species of plants and animals, biogeographic zones andrelated ecosystems, whether terrestrial, wetland or marine, designated as "protected areas." 6 The following categories of protectedareas were established: strict nature reserves, natural parks, natural monuments, wildlife sanctuary, protected landscapes andseascapes, resource reserves, natural biotic areas, and other categories established by law, conventions or international agreementsto which the Philippine Government is a signatory. 7

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The Philippine Clean Water Act of 2004 (Republic Act 9275), or An Act Providing For A Comprehensive Water QualityManagement And For Other Purposes, addressed the long-standing need for abatement and control of water pollution from land-basedsources, water quality standards and regulations, and civil liability and penal provisions for pollution from any source. 8 To achieve itsobjective, the law provides for a comprehensive and integrated strategy through a multi-sectoral and participatory approach involving allthe stakeholders. 9

In relation to coastal and marine law enforcement, the Philippine Fisheries Code of 1998 (Republic Act 8550), also known as An Act Providing For The Development, Management And Conservation Of The Fisheries And Aquatic Resources, Integrating All Laws

Pertinent Thereto, And For Other Purposes, aims to conserve, protect and sustain management of the country's fishery and aquaticresources and improve productivity of aquaculture within ecological limits. 10 The provisions of this Code is enforced in all Philippinewaters, the country's Exclusive Economic Zone (EEZ) and the continental shelf; all aquatic and fishery resources whether inland,coastal or offshore fishing areas, including, but not limited to, fishponds, fish pens/cages; and all lands devoted to aquaculture, orbusinesses and activities relating to fishery, whether private or public lands. 11

The Revised Forestry Code of the Philippines (Presidential Decree 705) of the Philippines, as amended by PD 1559, PD 865,PD 1775, BP Blg. 701, BP Blg. 83, RA 7161, EO 277 and 83 O.G. No. 31, regulates the classification, management, and utilization oflands of the public domain, with emphasis on the protection, rehabilitation and development of forest lands. 12

The Small-Scale Mining Act (Republic Act 7060) or An Act Creating A Peoples Small-Scale Mining Program And For OtherPurposes promotes, develops, protects and rationalizes viable small-scale mining activities to generate employment opportunities andprovide equitable sharing of the nations wealth and natural resources 13 .

The Toxic Substances and Hazardous and Nuclear Wastes Control Act of 1990 (Republic Act 6969) is also known as An ActTo Control Toxic Substances And Hazardous And Nuclear Wastes, Providing Penalties For Violations Thereof, And For OtherPurposes. It regulates, restricts or prohibits the importation, manufacture, processing, sale, distribution, use and disposal of chemicalsubstances and mixtures that present unreasonable risk and/or injury to health or the environment. 14 It likewise prohibits the entry,even in transit, of hazardous and nuclear wastes and their disposal into the Philippines.

In 1976, the Philippine President promulgated the Water Code of the Philippines (Presidential Decree 1067), A DecreeInstituting A Water Code, Thereby Revising And Consolidating The Laws Governing The Ownership, Appropriation, Utilization,Exploitation, Development, Conservation And Protection Of Water Resources as the basic law governing the ownership, appropriation,utilization, exploitation, development, conservation and protection of water resources and rights to land related to it. 15

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The Wildlife Resources Conservation and Protection Act (Republic Act 9147), also known as An Act Providing For The

Conservation And Protection Of Wildlife Resources And Their Habitats, Appropriating Funds Therefor And For Other Purposes, waspromulgated in 2001 to conserve and protect wildlife species and their habitats, and regulate the collection and trade of wildlife. 16 Theprovisions of the Act are enforceable for all wildlife species found in all areas of the country, including protected areas under the NIPAS

Act, and critical habitats. This Act also applies to exotic species which are traded, cultured, maintained and/or bred in captivity orpropagated in the country. 17 Under this law, the DENR has jurisdiction over all terrestrial plant and animal species, all turtles andtortoises and wetland species, including but not limited to crocodiles, waterbirds and all amphibians and dugong. The Department of

Agriculture, on the other hand, has 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 Palawan Council for Sustainable Development(PCSD), pursuant to RA No. 7611 (Strategic Environmental Plan for Palawan Act), is responsible for the application of the law on allwildlife found in Palawan. 18

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Chapter 2. Government Agency Mandates, Functions and Rolesin Environmental Law Enforcement in Coastal and Marine Areas

A. DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Manages and protects the countrys natural resources (EO 292 and Sec. 4, EO 192)

1. PROTECTED AREAS AND WILDLIFE BUREAU (PAWB)a. Responsible for the protection, development and preservation of national parks, marine parks, game refuges and wildlife

(Sec. 16, EO 192)b. Responsible for all the national parks, wildlife sanctuaries and game preserves previously managed and administered by the

Ministry of Human Settlements including National Parks reservations situated in the provinces of Bulacan, Rizal, Laguna andQuezon formerly declared as Bagong Lipunan site of said Ministry, Magat Forest Reservation and Mt. Arayat National Park(Sec. 16, EO 192)

c. Formulates and recommends policies, guidelines, rules, and regulations for the establishment and management of anIntegrated Protected Areas Systems such as national parks, wildlife sanctuaries and refuge, marine parks, and biosphericreserves (Sec. 18(a), EO 192)

d. Formulates and recommends policies, guidelines, rules, and regulations for the preservation of biological diversity, genetic

resources, and endangered Philippine flora and fauna (Sec. 18(b), EO 192)e. Prepares an up-to-date listing of endangered Philippine flora and fauna and recommends a program of conservation andpropagation of the same (Sec. 18(c), EO 192)

f. Assists the Secretary in the monitoring and assessment of the management of the Integrated Protected Areas System andprovides technical assistance to the regional offices in the implementation of programs for these areas (Sec. 18(d), EO 192)

g. Protects all turtles and tortoises and wetland species, including but not limited to crocodiles, waterbirds and all amphibiansand dugong (Sec. 4, RA 9147)

2. FOREST MANAGEMENT BUREAU (FMB)a. Recommends policies and/or programs for the effective protection, development, occupancy, management, and conservation

of forest lands and watersheds, including mangrove areas (Sec. 13(a), EO 192)b. Performs other functions as may be assigned by the Secretary and/or provided by law (Sec. 13(f), EO 192)

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3. ENVIRONMENTAL MANAGEMENT BUREAU (EMB)

a. Implements the rules and regulations pertaining to the conduct of environmental impact assessment for every project that hasadverse impact on the environment (Sec. 16, EO 192)

b. Keeps an updated inventory of chemicals that are presently being manufactured or used indicating information relevant to theprotection of health and the environment (Sec. 6(a) RA 6969)

c. Conducts inspection of any establishment in which chemicals are manufactured, processed, stored or held before or aftertheir commercial distribution and makes recommendations to the proper authorities concerned (Sec. 6, RA 6969)

d. Confiscates or impounds chemicals found not falling within said acts and cannot be enjoined except after the chemicals havebeen impounded (Sec. 6, RA 6969)

e. Monitors and prevents the entry, even in transit, of hazardous and nuclear wastes and their disposal into the country (Sec. 6,RA 6969)

f. Subpoenas witnesses and documents and requires other information if necessary to carry out the provisions of RA 6969(Sec. 6, RA 6969)

g. Calls on any department, bureau, office, agency, state university or college, and other instrumentalities of the Government forassistance in the form of personnel, facilities, and other resources as the need arises in the discharge of its functions (Sec. 6,RA 6969)

h. Disseminates information and conducts educational awareness campaigns on the effects of chemical substances, mixturesand wastes on health and environment (Sec. 6, RA 6969)

i. Exercises such powers and perform such other functions as may be necessary to carry out its duties and responsibilitiesunder RA 6969 and RA 9003 (Sec. 6, RA 6969 and Sec. 8 (h), RA 9003)

j. Prepares and distribute information, education and communication materials on solid waste management (Sec. 8, RA 9003)k. Provides technical and other capability building assistance and support to the LGUs in the development and implementation

of local solid waste management plans and programs (Sec. 8, RA 9003)l. Recommends policies to eliminate barriers to waste reduction programs (Sec. 8, RA 9003)m. Exercises visitorial and enforcement powers to ensure strict compliance with RA 9003 and its Implementing Rules and

Regulations (Sec. 8, RA 9003)n. Issues rules and regulations to effectively implement the provisions of RA 9003 (Sec. 8, RA 9003)o. Formulates and implements the Integrated Air Quality Improvement Framework for a comprehensive air pollution

management and control program (Sec. 7, RA 8749)

p. Formulates and implements an air quality control action plan (Sec. 8, RA 8749)q. Designates non-attainment areas (Sec. 10, RA 8749)r. Issues and from time to time revises information on air pollution control techniques (Sec. 11, RA 8749)s. Reviews and/or revises and publishes annually a list of hazardous air pollutants with corresponding ambient guideline values

and/or standard (Sec. 12, RA 8749)

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t. Imposes on and collects regular emission fees from industrial dischargers as part of the emission permitting system or vehicleregistration renewal system, as the case may be (Sec. 13, RA 8749)

u. Administers an air quality management fund (Sec. 14, RA 8749)v. Issues permits for the prevention and abatement of air pollution ( Sec. 16, RA 8749)w. Implements emission quotas under the programmatic EIA system (Sec. 17, RA 8749)x. Reviews, revises, publishes emission standards (Sec. 19, RA 8749)y. Promotes the use of state-of-the-art, environmentally-sound and safe non-burn technologies for the handling, treatment,

thermal destruction, utilization, and disposal of sorted, unrecycled, uncomposted, biomedical and hazardous wastes (Sec. 20,

RA 8749)z. Reviews, revises and publishes the motor vehicle standards every two (2) years, or as the need arisesaa. In collaboration with the DOTC, DTI and LGUs, develops an action plan for the control and management of air pollution from

motor vehicles consistent with the Integrated Air Quality Framework (Sec. 21, RA 8749)bb. Issues Certificates of Conformity (CoC) as a requisite to the registration of any imported new or locally-assembled new motor

vehicle to ensure compliance with emission standards set pursuant to the Clean Air Act (Sec. 22, RA 8749)cc. In coordination with appropriate agencies, formulates and establishes the necessary standards for all mobile sources other

than motor vehicles of this Act (Sec. 25, RA 8749)dd. Publishes a list of substances which are known to cause harmful effects on the stratospheric ozone layer (Sec. 30, RA 8749)ee. Together with concerned agencies and local government units, prepares and fully implements a national plan consistent with

the United Nations Framework Convention on Climate Change and other international agreements, conventions and

protocols on the reduction of greenhouse gas emissions in the country (Sec. 31, RA 8749)ff. Establishes an inventory lists of all sources of Persistent Organic Pollutants (POPs) in the country and develop short-term andlong-term national government programs on the reduction and elimination of POPs such as dioxins and furans. Suchprograms shall be formulated within a year after the establishment of the inventory l ist (Sec. 32, RA 8749)

gg. Provides the LGUs with technical assistance, trainings and a continuing capability-building program to prepare them toundertake full administration of the air quality management and regulation within their territorial jurisdiction (Sec. 36, RA 8749)

hh. Requires any person who owns or operates any emissions source or who is subject to any requirement of the Clean Air Act tokeep records subject to the inspection, monitoring and entry in its premises by the DENR (Sec. 38, RA 8749)

ii. Promotes a continuing air quality information and education campaign together with the Department of Education, Cultureand Sports (DECS), the Department of the Interior and Local Government (DILG), the Department of Agriculture (DA) andthe Philippine Information Agency (PIA) (Sec. 39, RA 8749)

jj. On its own instance or upon verified complaint by any person, institutes administrative proceedings against any person whoviolates: (a) Standards or limitation provided under the Clean Air Act; or (b) Any order, rule or regulation issued by the DENRwith respect to such standard or limitation (Sec. 40, RA 8749)

kk. Together with the DOTC, DTI, DOST, PNP and other concerned agencies and private entities design a training program onemission standards and regulations for all law enforcement officials and deputized agents (Sec. 46, RA 8749)

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ll I di i i h N i l W R B d (NWRB) d i i li


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ll. In coordination with National Water Resources Board (NWRB), designates certain areas as water quality management areas

(Sec. 5, RA 9275)mm. Designates water bodies as non-attainment areas, or portions thereof, where specific pollutants from either natural or man-

made sources have already exceeded water quality guidelines for the exceeded pollutants (Sec. 6, RA 9275)nn. Prepares and implements a program that will not allow new sources of exceeded water pollutant in non-attainment areas

without a corresponding reduction in discharges from existing sources (Sec. 6, RA 9275)oo. In coordination with NWRB, Department of Health (DOH), Department of Agriculture (DA), governing board and other

concerned government agencies and private sectors, undertakes such measures as may be necessary to upgrade the quality

of such water in non-attainment areas to meet the standards under which it has been classified (Sec. 6, RA 9275)pp. Administers a water quality management fund (Sec. 9, RA 9275)qq. Implements a wastewater charge system in all management areas including the Laguna Lake Region and Regional Industrial

Centers through the collection of wastewater charges/fees (Sec. 13, RA 9275)rr. Requires owners or operators of facilities that discharge regulated effluents pursuant to the Clean Water Act to secure a

permit to discharge (Sec. 14, RA 9275)ss. Conducts containment, removal and clean-up operations, in the event emergency clean-up operations are necessary and the

polluter fails to immediately undertake the same (Sec. 16, RA 9275)tt. Requires any person who owns or operates any emissions source or who is subject to any requirement of the Clean Water

Act to keep records subject to the inspection, monitoring and entry in its premises by the DENR (Sec. 23, RA 9275)uu. Institutes, on its own instance or upon verified complaint by any person, administrative proceedings in the proper forum

against any person who violates: a) Standards or limitations provided by the CWA; or b) By any such order, rule or regulationissued by the DENR with respect to such standard or limitation (Sec. 30, RA 9275)

4. MINES AND GEOSCIENCES BUREAU (Regional Offices) (EO 192)a. Requires the contractor to remedy any practice connected with mining or quarrying operations, which is not in accordance

with safety and anti-pollution laws and regulationsb. Summarily suspends the mining or quarrying operations, in case of imminent danger to life or property, until the danger is

removed, or appropriate measures are taken by the contractor or permitteec. Requires Environmental Impact Assessment for mining and quarry projectsd. Requires technical and biological rehabilitation of excavated mined-out, tailings covered and disturbed areas to the condition

of environmental safety

5. POLLUTION ADJUDICATION BOARD (PAB Resolution No. 01, Series of 2010)a. Issues orders or decisions to compel compliance with the provisions of the Clean Water Act (then PD 984) and its

implementing rules and regulations only after proper notice and hearing

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b Makes alters or modifies orders req iring the discontin ance of poll tion specif ing the conditions and the time ithin hich


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b. Makes, alters or modifies orders requiring the discontinuance of pollution specifying the conditions and the time within whichsuch discontinuance must be accomplished

c. Issues, renews, or denies permits, under such conditions as it may determine to be reasonable, for the prevention andabatement of pollution, for the discharge of sewage, industrial waste, or for the installation or operation of sewage works andindustrial disposal system or parts thereof

d. Serves as arbitrator for the determination of reparations, or restitution of the damages and losses resulting from pollutione. Deputizes in writing or request assistance of appropriate government agencies or instrumentalities for the purpose of

enforcing the Clean Water Act (then PD 984) and its implementing rules and regulations and the orders and decisions of theCommission [now PAB]

f. Exercises such powers and perform such other functions as may be necessary to carry out its duties and responsibilitiesunder this Decree

g. Issues to the City or Provincial Sheriff or duly constituted authorities whom it may appoint, such writs of execution as may benecessary for the enforcement of such decisions or orders

h. Promulgates rules and regulations for the delegation of the powers and functions of the Board to the Regional Offices of theDepartment

i. Recommends to the DENR Secretary the imposition of fines for acts of omission prohibited under Section 27 of the CleanWater Act (CWA)

j. Recommends to the DENR Secretary the issuance of Cease and Desist Oder for acts and omission prohibited under Section27 of the CWA

k. Recommends closure, suspension of development or construction, or cessation of operations, or where appropriate,disconnection of water supply under Sec. 28 of the CWAl. Recommends filing of criminal charges against violators of acts prohibited by Sec. 28 of the CWAm. Recommends to the DENR Secretary that the Local Water District or private water supplier be formally requested to

disconnect its water services to the violator of the CWAn. Revokes or suspends a discharge permito. Determines liability for clean-up

6. DENR FIELD OFFICES WHICH REFER TO THE REGIONAL, PROVINCIAL AND COMMUNITY OFFICES (SEC. 20, EO 192) a. Implement laws, policies, plans, programs, projects, rules and regulations of the DENR to promote the sustainability and

productivity of natural resources, social equity in natural resource utilization and environmental protectionb. Coordinate with regional offices of other departments, offices, agencies in the region and local government units in theenforcement of natural resource conservation laws and regulations, and in the formulation/implementation of naturalresources programs and projects

c. Conduct comprehensive inventory of natural resources in the region and formulate regional short and long-term developmentplans for the conservation, utilization and replacement of natural resources

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d Perform other functions as may be assigned by the Secretary and/or provided by law


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d. Perform other functions as may be assigned by the Secretary and/or provided by law

7. PROTECTED AREA MANAGEMENT BOARD (PAMB) (RA 7586)a. Participates in deciding allocations for budget, approving proposals for funding, deciding matters related to planning,

peripheral protection and general administration of the area in accordance with general management strategy (Sec. 11, RA7586)

b. Approves policies, guidelines, plans and programs, proposals, agreements and other related documents including the Manualof Operations for the management of the protected area (Rule 12, DAO 2008-26)

c. Facilitates the ground delineation and demarcation of the boundaries of the protected area and buffer zone (Rule 12, DAO2008-26)

d. Ensures that the Management Plan of protected area and the Ancestral Domain Sustainable Development and ProtectionPlan (ADSDPP) are harmonized (Rule 12, DAO 2008-26)

e. Ensures the implementation of programs as prescribed in the Management Plan of protected area (Rule 12, DAO 2008-26)f. Monitors and evaluates the progress in the implementation of the Management Plan including the harmonized plans with

ADSDPP (Rule 12, DAO 2008-26)g. Monitors and assesses the performance of the PASu and other protected area personnel and compliance of partners to the

terms and conditions of any undertaking, contract or agreement (Rule 12, DAO 2008-26)h. Resolves conflicts or disputes among tenured migrant communities, between tenured migrant communities and ICCs/IPs but

excluding conflicts or disputes exclusively among ICCs/IPs (Rule 12, DAO 2008-26)i. Recommends fees and other charges to the Secretary for the use of the protected area (Rule 12, DAO 2008-26)

8. PROTECTED AREA SUPERINTENDENTS (PASU) (DAO 2008-26)a. Primarily accountable to the PAMB and the DENR for the implementation of the Management Plan and operations of the

protected areab. Enforces rules and regulations to protect the area from trespassing, damage, vandalism and illegal occupancyc. In cases of seizure, assumes custody of the apprehended itemsd. Issues permits for the use of facilities and amenities except for those considered as special uses as defined under the Ordere. Issues certification whether the proposed activity or project is allowable or not within the management zonesf. Issues cutting permit for planted trees for a volume of up to five (5) cubic meters per applicant per year for traditional and

subsistence uses by ICCs/IPs and tenured migrants only. Provided, that: (a) Protected Area Community-Based ResourceManagement Agreement (PACBRMA) holders with affirmed Community Resource Management Plan (CRMP) shall no longerbe issued cutting permits; and (b) The total volume of extraction does not exceed the limit set by the PAMB and the locationof extraction is within the appropriate site within the multiple use zone.

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g Issues Certificate of Origin and/or transport permits for natural resources and other products collected/gathered from the


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g. Issues Certificate of Origin and/or transport permits for natural resources and other products collected/gathered from theprotected area in accordance with the resource use instruments/ agreements or gratuitous permits issued by the PAMBand/or the DENR

h. Collects and/or receives pertinent fees, charges, donations and other income for the protected area. Provided, that such fees,charges, donations and other income collected/received shall be reported regularly to the PAMB in accordance with theexisting guidelines

i. Prepares and recommends to the PAMB approval of the annual work and financial plans of the protected area based on theIntegrated Protected Area Plan (IPAP) or the Management Plan

j. Develops management information system to ensure that relevant and updated information are available for planning,monitoring and decision-making

k. Performs other relevant functions that the RED or PAMB may delegate

9. OFFICIALS, TECHNICAL PERSONNEL AND FOREST GUARDS EMPLOYED IN THE INTEGRATED PROTECTED AREASERVICE OF THE DENR OR ALL PERSONS DEPUTIZED BY THE DENR TO WORK INSIDE THE PROTECTED AREA

a. Investigate and search premises and building and make arrests in accordance with the rules on criminal procedure for theviolation of laws and regulations relating to protected areas. Persons arrested shall be brought to the nearest police precinctfor investigation. (Sec. 18, NIPAS Act)

10. WILDLIFE ENFORCEMENT OFFICERS (Rule 30.4, Joint DENR-DA-PCSD Administrative Order No. 01-04)a. Seize illegally traded wildlife and arrest violators of RA 9147 subject to existing laws, rules and regulations on arrest anddetention (Sec. 30, RA 9147)

b. Seize illegally collected, possessed and/or traded wildlife, or parts, by-products and/or derivatives thereofc. Arrest, even without warrant, any person who has committed, is committing, or is about to commit in his presence any of the

offenses provided under the Act and other relevant laws, rules and regulations Assist in the conduct of surveillance andmonitoring of wildlife-related activities

d. Deliver the arrested offender within reasonable time to the nearest police station and assist in filing the proper complaint withthe appropriate official designated by law to conduct preliminary investigation Deliver within reasonable time to the nearestCENRO, PENRO or DENR Regional Office or BFAR Regional/Provincial Offices or PCSDS Management Office for custodyall confiscated wildlife, their parts, by-products and/or derivatives, as well as tools, equipment and conveyances used in thecommission of the crime, including corresponding reports

e. Act as witness in court for the speedy prosecution of criminal complaints against wildlife violators Prosecute cases beforeMunicipal Trial Courts in areas where there are no prosecutors Submit monthly accomplishment reports to the concerned fieldoffices with jurisdiction over their area of operations Coordinate with other law enforcement agencies for security reasons, ifnecessary

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f. Perform such other duties as may be assigned by the Secretary or Chairman or the duly authorized representative from time


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f. Perform such other duties as may be assigned by the Secretary or Chairman or the duly authorized representative from time

to time

11. WILDLIFE TRAFFIC MONITORING UNITS (Rule 33.2, Joint DENR-DA-PCSD Administrative Order No. 01-04)a. Ensure strict compliance and effective implementation of existing wildlife laws, rules and regulations, including CITES at

strategic air and seaports (Rule 33.1, Joint DENR-DA-PCSD Administrative Order No. 01-04)b. Enforce existing wildlife laws, rules and regulations and such other orders or regulations promulgated thereunder for the

protection of wild fauna and flora

c. Inspect and verify shipments of wildlife, its by-products and derivatives for export, re-export, import and local transportd. Seize and confiscate illegally collected, possessed and traded wildlife, by-products and derivatives in favor of the government

or refuse clearance when there are reasonable grounds to believe that existing wildlife laws, rules and regulations, or theCITES have been violated

e. Arrest even without warrant any person who has committed, is committing, or is about to commit in his presence any of theoffenses provided under the Act and other relevant laws, rules and regulations

f. Coordinate with the customs officers and/or other government authorities at the air or seaports in the performance of theirduties and responsibilities

g. Conduct investigation and receive evidence regarding the commission of any of the offenses defined under RA 9147 or thisOrder within their area of assignment, whether or not the offense was committed in their presence

h. Turn-over confiscated wildlife, by-products or derivatives to designated Wildlife Rescue Centers nearest their post or stationi. Promote and disseminate information on the conservation and protection of wildlife

B. DEPARTMENT OF AGRICULTURE Protects all declared aquatic critical habitat, all aquatic resources, including but not limited to all fishes, aquatic plants,

invertebrates and all marine mammals, except dugong (Sec. 4, RA 9147)

1. BUREAU OF FISHERIES AND AQUATIC RESOURCES (BFAR)a. Enforces all laws governing the conservation and management of fishery resources, except in municipal waters (Sec. 65, RA

8550)

b. Formulates and enforces all rules and regulations governing the conservation and management of fishery resources, exceptin municipal waters (Sec. 65, RA 8550)c. Settles conflicts respecting resource use and allocation (Sec. 65, RA 8550) d. Issues licenses for the operation of commercial fishing vessels (Sec. 65, RA 8550)

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e. DA officials and field personnel assigned in the law enforcement units of the said agency Their wildlife law enforcement


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p g g yfunction covers all declared aquatic critical habitats, all aquatic resources, including but not limited to all fishes, aquatic plants,invertebrates and all marine mammals, except dugong (Sec. 4, RA 9147)

2. FISHERIES INSPECTION AND QUARANTINE SERVICEa. Conducts fisheries quarantine and quality inspection of all fish and fishery/aquatic products coming into and going out of the

country by air or water transport, to detect the presence of fish pest and diseases and if found to harbor fish pests or diseaseshall be confiscated and disposed of in accordance with environmental standards and practices. (Sec. 67(a), RA 8550)

b. Implements international agreements/commitments on biosafety and biodiversity (Sec. 67(b), RA 8550)c. Prevents the movement or trade of endemic fishery and aquatic resources to ensure that the same are not taken out of thecountry (Sec. 67(b), RA 8550)

d. Quarantines such aquatic animals and other fishery products determined or suspected to be with fishery pests and diseases(Sec. 67(c), RA 8550)

e. Prevents the movement or trade from and/or into the country of products mentioned in immediately preceding paragraphs soprohibited or regulated under existing laws, rules and regulations, as well as international agreements of which the Philippinesis a State Party (Sec. 67(c), RA 8550)

f. Examines all fish and fishery products coming into or going out of the country which may be a source or medium of fish pestsor diseases and/or regulated by existing fishery regulations (Sec. 67(d), RA 8550)

g. Documents and authorizes the movement or trade of fish and fishery products when found free of fish pests or diseases(Section 67(e), RA 8550)

3. MUNICIPAL/CITY OR INTEGRATED FISHERIES AND AQUATIC RESOURCES MANAGEMENT COUNCILS1. Assist in the enforcement of fishery laws, rules and regulations in concerned municipal waters (Sec. 74, RA 8550)

4. BUREAU OF PLANT INDUSTRYi. Recommends plant quarantine policies, and prescribes rules and regulations for the prevention, control, and eradication of

pests, diseases, and injuries to plants and plant products (Book IV, Title IV, Chapter 4, Section 19.3, EO 292)

5. PLANT QUARANTINE OFFICERS (Title IV, Chapter 5, Section 34, EO 292)a. Inspect all carriers, passengers, crew, luggage and incoming mails to determine the presence of plants, plant products and

other materials capable of harboring plant pests as well as potential animal pestsb. Enter into and inspect any and all areas where plants, plant products and other materials capable of harboring plant pests are

landed, stored or grown

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c. Examine imported plants, plant products, and other materials capable of harboring plant pests as well as potential animal


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p p p p p g p p p

pests and administer necessary measures to insure effective implementation of the provisions of Chapter 5, Title 4 of EO 292d. Inspect, administer treatment and certify plants, plant products and other related materials intended for export, if the importing

country so requirese. Confiscate and destroy or refuse entry of plants, plant products and potential animal pests involved in prohibited importations

and deny inspection certification or clearance of the same

6. WILDLIFE ENFORCEMENT OFFICERS (Rule 30.4, Joint DENR-DA-PCSD Administrative Order No. 01-04)

a. Seize illegally traded wildlife and arrest violators of RA 9147 subject to existing laws, rules and regulations on arrest anddetention (Sec. 30, RA 9147)b. Seize illegally collected, possessed and/or traded wildlife, or parts, by-products and/or derivatives thereofc. Arrest even without warrant any person who has committed, is committing, or is about to commit in his presence any of the

offenses provided under the Act and other relevant laws, rules and regulationsd. Assist in the conduct of surveillance and monitoring of wildlife-related activitiese. Deliver the arrested offender within reasonable time to the nearest police station and assist in filing the proper complaint with

the appropriate official designated by law to conduct preliminary investigationf. Deliver within reasonable time to the nearest CENRO, PENRO or DENR Regional Office or BFAR Regional/Provincial Offices

or PCSDS Management Office for custody all confiscated wildlife, their parts, by-products and/or derivatives, as well as tools,equipment and conveyances used in the commission of the crime, including corresponding reports

g. Act as witness in court for the speedy prosecution of criminal complaints against wildlife violatorsh. Prosecute cases before Municipal Trial Courts in areas where there are no prosecutorsi. Submit monthly accomplishment reports to the concerned field offices with jurisdiction over their area of operations

j. Coordinate with other law enforcement agencies for security reasons, if necessaryk. Perform such other duties as may be assigned by the Secretary or Chairman or the duly authorized representative from time

to time

C. DEPARTMENT OF JUSTICE Acts as both the legal counsel and prosecution arm of the government (Title III, Sec.1, EO 292) Administers the criminal justice system in accordance with the accepted processes consisting in the investigation of the

crimes, prosecution of offenders, and administration of correctional system (Title III, Sec. 1, EO 292)

1. NATIONAL BUREAU OF INVESTIGATION (NBI) (Republic Act No. 157, as amended by EO 94 series of 1947)a. Detects and investigates crimesb. Acts as a national clearing house of criminal records and other information

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c. Gives technical assistance to all prosecuting and law enforcement agencies, the courts, and party litigants


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d. Coordinates with other national or local police agencies in the investigation of crimese. Collects intelligence data and coordinates with other intelligence agencies, including Interpol

D. DEPARTMENT OF INTERIOR AND LOCAL GOVERNMENT Promotes peace and order, ensures public safety and further strengthens local government capability aimed towards the

effective delivery of basic services to the citizenry (Sec. 2, RA 6975, as amended by RA 8551)

1. PHILIPPINE NATIONAL POLICE (Sec. 24, RA 6975)

a. Investigates and prevents crimes, effects the arrest of criminal offenders, brings offenders to justice and assists in theirprosecution

b. Exercises the general powers to make arrest, search and seizure in accordance with the Constitution and pertinent lawsc. Detains an arrested person for a period not beyond what is prescribed by law, informing the person so detained of all his

rights under the Constitutiond. Performs such other duties and exercises all other functions as may be provided by law, such as the National Integrated

Protected Area System Act and Wildlife Resources Conservation and Protection Act

2. CRIMINAL INVESTIGATION AND DETECTION GROUP (CIDG)a. Monitors and prevents all crimes involving economic sabotage and other crimes of such magnitude and extent as it indicates

the commission by highly placed or professional criminal syndicate and organizationb. Investigates all major crimes involving the violation of the Revised Penal Code and operates against organized crime groups,

unless the President assigns the case exclusively to the National Bureau of Investigation

3. MARITIME POLICE UNIT (PNP Maritime group or PNP-MARIG) Performs all police functions over Philippine territorial waters and rivers (Sec. 35, par. b[1], RA 6975)

4. THE LOCAL GOVERNMENT UNITS

a. Punong Barangay (Barangay Head)i. Enforces all laws and ordinances applicable to the barangay, including laws and regulations relating to the pollution

control and environmental protection (sec. 389, par. b[1], RA 7160)

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ii. Arrests violators for the purposes of enforcing and implementing national and local laws, ordinances, and rules and


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regulations on pollution control and other activities that create an ecological imbalance or disturbance in environmentalconditions (PD 1160)(harmonize this with Sec. 124 of RA 8550)

b. Sangguniang Barangay (Barangay Council)i. Enacts ordinances that promote the general welfare of its inhabitants (Sec. 391, par. 1, RA 7160)ii. Assists the Punong Barangay in the performance of his/her functions (Sec. 392, par. a & b, RA 7160)iii. Acts as peace officers in the maintenance of public order and safety (Sec. 392, par. a & b, RA 7160)

iv. Arrests violators for the purposes of enforcing and implementing national and local laws, ordinances, and rules andregulations on pollution control and other activities that create an ecological imbalance or disturbance in environmentalconditions (PD 1160)

c. The Municipal/City Governmenti. Serves as a general purpose government that coordinates and delivers basic, regular and direct services to inhabitants

within its territorial jurisdiction through effective governance (Sec. 440 & 488, RA 7160). Such basic services includeextension and on-site research services and facilities related to agriculture and fishery activities (Sec. 17, par. b[2] [i], RA7160)

ii. Has the primary jurisdiction over municipal waters (See Rights and Responsibilities of LGUs over municipal waters.)

d. Municipal/City Mayorsi. Enforce all laws and ordinances applicable to the governance of the municipality/city (Sec. 444, [b][2] & Sec. 455 [b][2]),

RA 7160)ii. Adopt measures to safeguard and conserve land, mineral, marine, forest and other resources of the municipality/city

(Sec. 444, par.3[vii] & Sec. 455 par. b[3][vii], RA 7160)iii. Represent NAPOLCOM, and exercise operational supervision and control over PNP units in their respective jurisdictions,

subject to certain exceptions (RA 6975)iv. As chair of the local peace and order council, develop and establish integrated area/community public safety plans for

implementation by PNP stations (RA 6975)

v. Choose the chief of police from a list of 5 eligibles recommended by the provincial police director, preferably from thesame province, city or municipality (RA 6975)vi. Administer oaths (CA 270, as amended by CA 641)

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e. Sangguniang Bayan/Panlungsod (Municipal/City Council)


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i. Enacts ordinances, approve resolutions and appropriate funds for the general welfare of the municipality/city and itsinhabitants (Sec. 447, par. a & Sec. 448 par. a, RA 7160)

ii. Enacts ordinances that protect the environment, and impose appropriate penalties for acts that endanger theenvironment (Sec. 447, par. a[1][vi] & Sec. 458 par. a[5][i], RA 7160)

iii. Provides for the establishment, maintenance, protection and conservation of mangroves (Sec. 447, par. a[5][i] & Sec.458 par. a[5][i]), RA 7160)

iv. Authorizes the establishment, maintenance and operation of ferries, wharves and other structures, and marine and

seashore or offshore activi ties intended to accelerate productivity (Sec. 447, par. a & Sec. 458 par. a, RA 7160,)v. Grants the exclusive privilege of constructing fish corrals or fishpens, or the taking of bangus fry, prawn fry or kawag-kawag, or fry of any species of fish within municipal waters (Sec. 447, par. a[2][xi] & Sec. 458 par. a[2][xi], RA 7160)

f. City/Municipal Agriculturist (MAO) Provides support to the Mayor to ensure delivery of basic services and facilities involving agricultural services (Sec. 482, par.

b[1], RA 7160)

g . City/Environment and Natural Resources Officer (CENRO)i. Provides support to the Mayor to ensure delivery of basic services and facilities involving environment and natural

resources services (Sec. 484, par. b[1], RA 7160)ii. Maintains, protects and preserves mangroves (Sec. 484, par. b[2][i], RA 7160)

h. City Legal Officer (CLO) (Sec. 481, par. c, RA 7160)i. Represents the municipality/city in all civil actions andspecial proceedingsii. Drafts ordinances, contracts and other legal documentsiii. Renders opinions on any question of law, whenever required by the Mayor or the Sanggunianiv. Reviews and submits recommendations on ordinances approved and executive orders issued by component units

i. The Provincial Governori. Enforces all laws and ordinances related to the governance of the province (Sec. 465, par. b[2], RA 7160)ii. Ensures that the acts of the component cities and municipalities of the province and of its officials and employees are

within the scope of their prescribed powers, duties and functions (Sec. 465, par. b[2][1], RA 7160)iii. Adopts adequate measures to safeguard and conserve land, mineral, marine, forest and other resources of the province,

in coordination with the Mayors of the component cities and municipalities (Sec. 465, par. b[3][v], RA 7160)

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iv. Represents the NAPOLCOM (RA 6975)Ch th P i i l Di t f th i i l li f f th li t f 3 did t d d b th PNP


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v. Chooses the Provincial Director of the provincial police force from the list of 3 candidates recommended by the PNPRegional Director (RA 6975)

vi. As chair of the provincial peace and order council, oversees the implementation of the provincial public safety plan,which considers the integrated community safety plans prepared at the municipal/city level (RA 6975)

j. Sangguniang Panlalawigan (Provincial Council)i. Enacts ordinances, approve resolutions and appropriate funds for the general welfare of the province and its inhabitants

(Sec. 468, [a], RA 7160)ii. Enacts ordinances that protect the environment, and impose appropriate penalties for acts that endanger theenvironment (Sec. 468, [a][1][v], RA 7160)

iii. Enacts ordinances against pollution and for preservation of the natural ecosystem in the province, in consonance withthe approved standards on the human settlements and environmental sanitation (Sec. 468, [a][4][i], RA 7160)

k. Provincial Agriculturist Provides support to the Governor to ensure delivery of basic services and facilities involving agricultural services (Sec. 482,

[b][1], RA 7160)

l. Provincial Environment and Natural Resources Officer (PGENRO)i. Provides support to the Governor to ensure delivery of basic services and facilities involving environment and natural

resources services (Sec. 484, par. b[1], RA 7160)ii. Maintains, protects and preserves mangroves (Sec. 484, par. b[2][i], RA 7160)

m. Legal Officer (Sec. 481, par. c, RA 7160)i. Represents the province in all civil actions and special proceedings documents Drafts ordinances, contracts and other

legal documentsii. Renders opinions on any question of law, whenever required by the Governor, Mayor or the Sanggunianiii. Review and submit recommendations on ordinances approved and executive orders issued by component units

n. As PAMB Memberi. Participates in deciding allocations for budget, approving proposals for funding, deciding matters related to planning,

peripheral protection and general administration of the area in accordance with general management strategy (Sec. 11,RA 7586)

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ii. Approves policies, guidelines, plans and programs, proposals, agreements and other related documents including theManual of Operations for the management of the protected area (Rule 12 DAO 2008 26)


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Manual of Operations for the management of the protected area (Rule 12, DAO 2008-26)iii. Facilitate the ground delineation and demarcation of the boundaries of the protected area and buffer zone (Rule 12, DAO

2008-26)iv. Ensures that the Management Plan of protected area and the Ancestral Domain Sustainable Development and

Protection Plan (ADSDPP) are harmonized (Rule 12, DAO 2008-26)v. Ensures the implementation of programs as prescribed in the Management Plan of protected area (Rule 12, DAO 2008-

26)vi. Monitors and evaluates the progress in the implementation of the Management Plan including the harmonized plans with

ADSDPP (Rule 12, DAO 2008-26)vii. Monitors and assesses the performance of the PASu and other protected area personnel and compliance of partners to

the terms and conditions of any undertaking, contract or agreement (Rule 12, DAO 2008-26)viii. Resolves conflicts or disputes among tenured migrant communities, between tenured migrant communities and ICCsAPs

but excluding conflicts or disputes exclusively among ICCs/IPs (Rule 12, DAO 2008-26)ix. Recommends fees and other charges to the Secretary for the use of the protected area (Rule 12, DAO 2008-26)

E. DEPARTMENT OF NATIONAL DEFENSE (EO 292, Book IV, Title VIII) Maintains law and order throughout the country Performs other functions as may be provided for by law

1. ARMED FORCES OF THE PHILIPPINES Responsible in promoting and advancing the national aims, goals and interests and policies (Book IV, Title VIII, Chapter 6,

Sec. 33.2, EO 292) In charge with the performance of other functions as may be provided by law or assigned by higher authorities (Book IV, Title

VIII, Chapter 6, Sec. 33.4, EO 292)

a. Philippine Armyi. Responsible for the conduct of operations on land, in coordination with the other Major Services (Title 8, Subtitle 2,

Chapter 8, Sec. 48, EO 292)ii. Prepares units as may be necessary for the effective prosecution of the armed forces missions, which may include

environmental protection concerns (Title 8, Subtitle 2, Chapter 8, Sec. 48, EO 292)

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b. Philippine Navy (PN)


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i. Enforces law and regulations pertaining to among others, quarantine and fishing (Title 8, Subtitle 2, Chapter 8, Sec.53.4, EO 292)

ii. Enforces RA 8550, as well as other fishery laws, rules and regulations such as Wildlife Resources Conservation andProtection Act, insofar as aquatic and marine species are concerned (Sec. 124, RA 8550)

iii. Performs such other functions as may be provided by law or assigned by higher authorities (Title VIII, Sec. 53.6, EO 292)

F. DEPARTMENT OF TRANSPORTATION AND COMMUNICATION (Book IV, Title XV, Chapter 1, Section 2, EO 292) In charge of the promotion, development and regulation of dependable and coordinated networks of transportation and

communications systems as well as in the fast, safe, efficient and reliable postal, transportation and communications services

1. PHILIPPINE COAST GUARDa. Enforces RA 8550, as well as other fishery laws, rules and regulations (Sec. 124, RA 8550)b. Assists in the enforcement of laws on fisheries, immigration, tariff and customs, forestry, firearms and explosives, human

trafficking, dangerous drugs and controlled chemicals, transnational crimes and other applicable laws within the maritime jurisdiction of the Philippines

c. In coordination with DA and the DENR, shall enforce for the enforcement of water quality standards in marine waters, setpursuant to the Clean Water Act, specifically from offshore sources (Sec. 2(a), RA 9275)

d. Boards and inspects all types of merchant ships and watercrafts in the performance of this functions (Sec. 3 (m), RA 9993)e. Enforces laws and promulgate and administers rules and regulations for the protection of marine environment and resources

from offshore sources or pollution within the maritime jurisdiction of the Philippines (Sec. 3 (n), RA 9993)f. Develops oil spill response, containment and recovery capabilities against ship-based pollution (Sec. 3 (o), RA 9993)g. Grants, within the capabilities and consistent with its mandate, requests for assistance of other government agencies in the

performance of their functions (Sec. 3 (p), RA 9993)

2. PHILIPPINE PORTS AUTHORITYa. Provides security to cargoes, port equipment, structure, facilities, personnel and documents. In ports of entry, physical

security to import and export cargoes shall be exercised jointly with the Bureau of Customs (Sec. 2(a), EO No. 513)b. Enforces rules and regulations promulgated by the Authority pursuant to law (Sec. 2(e), EO No. 513)

3. MARINE INDUSTRY AUTHORITY (MARINA)a. Oversees the promotion and development of the maritime industry

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b. Oversees the effective regulation of shipping enterprises, and the establishment of routes, zones or areas of operation ofpublic water services


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public water servicesc. In charge of vessel registration, including issuance of licenses, certificates and related documentsd. Ensures safety in vessel construction and operationse. Licenses qualified seamen and harbor, bay and river pilotsf. Enforces maritime law

4. MANILA INTERNATIONAL AIRPORT AUTHORITY

a. Exercises administrative supervision and control over all international airports in the Philippines - Ninoy Aquino International Airport, Laoag International Airport, the Diosdado Macapagal International Airport, the Subic Bay International Airport, theMactan-Cebu International Airport, the Francisco Bangoy International Airport in Davao, the General Santos International

Airport, and the Zamboanga International Airportb. Regulates the entry to, exit from and movement within the airportc. Enforces rules and regulations promulgated by the Authority pursuant to law

G. DEPARTMENT OF FINANCE (Book IV, Title II, Chapter 1, Sec. 2, EO 292) In charge of the formulation, institutionalization and administration of fiscal policies, in coordination with other concerned

subdivisions, agencies and instrumentalities of the government

Responsible for the generation and management of the financial resources of government, ensuring that said resources aregenerated and managed judiciously and in a manner supportive of development objectives

1. BUREAU OF CUSTOMS (Book IV, Title 2, Chapter 4, Sec. 23, EO 292)a. Prevents and suppresses smuggling, pilferage and all other economic frauds within all ports of entryb. Supervises and controls exports, imports, foreign mails, and the clearance of vessels and aircrafts in all ports of entryc. Prevents and prosecutes smuggling and other illegal activities in all ports under its jurisdictiond. Performs such other functions as may be provided by law

2. INTELLIGENCE GROUP (Title 2, Chapter 4, Sec. 26.3, EO 292, in relation to Executive Order No. 805 dated May 25, 2009)

a. Regularly and consistently gathers intelligence information related to customs and economic activities for properdissemination to the Customs offices concerned

b. Conducts internal inquiry and investigation which may serve as the basis for prosecution

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3. ENFORCEMENT GROUP (Title 2, Chapter 4, Sec. 26.3, EO 292, in relation to Executive Order No. 805 dated May 25, 2009)E i li h i f d b h T iff d C C d h l hi h i l d h f f i


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a. Exercises police authority conferred by the Tariff and Customs Code or other laws, which include the enforcement of seizuresand forfeitures and the imposition of penalties and fines.

4. COLLECTION DISTRICTS, UNDER WHICH ARE SUBPORTS. Collection districts are headed by District Collector, whilesubports are headed by Port Collector. (Title 2, Chapter 4, Sec. 26.3, EO 292)

a. Supervise the entrance and clearance of vessels and aircrafts engaged in foreign commerceb. Supervise all import and export cargoes landed and/or stored in piers, airports, terminal facilities, yards and freight stations

H. OFFICE OF THE PRESIDENT

1. NATIONAL COMMISSION ON INDIGENOUS PEOPLES (RA 8371)a. Processes, in accordance with law and duly established rules, regulations and/or guidelines, the Free and Prior Informed

Consent (FPIC) of the ICCs/IPs from whose ancestral domain/land the activities that have environmental impacts, such asnatural resource extraction and bioprospecting, are undertaken by any person, upon endorsement of the regulating agency.

2. PALAWAN COUNCIL FOR SUSTAINABLE DEVELOPMENT (PCSD) (RA 7611)a. Formulates plans and policies as may be necessary to carry out the provisions of this Actb. Coordinates with the local governments to ensure that the latter's plans, programs and projects are aligned with the plans,

programs and policies of the SEPc. Calls on any department, bureau, office, agency or instrumentality of the Government, and on private entities and

organizations for cooperation and assistance in the performance of its functionsd. Arranges, negotiates for, accepts donations, grants, gifts, loans, and other fundings from domestic and foreign sources to

carry out the activities and purposes of the SEPe. Recommends to the Congress of the Philippines such matters that may require legislation in support of the objectives of the

SEPf. Delegates any or all of its powers and functions to its support staff, as hereinafter provided, except those which by provisions

of law cannot be delegatedg. Establishes policies and guidelines for employment on the basis, of merit, technical competence and moral character and

prescribe a compensation and staffing patternh. Adopts, amends and rescinds such rules and regulations and impose penalties therefore for the effective implementation of

the SEP and the other provisions of RA 7611i. Enforces the provisions of RA 7611 and other existing laws, rules and regulations similar to or complementary with RA 7611

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j. Performs related functions which shall promote the development, conservation, management, protection, and utilization of thenatural resources of Palawan


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k. Performs such other powers and functions as may be necessary in carrying out its functions, powers, and the provisions ofRA 7611

l. As Wildlife Enforcement Officers (Joint DENR-DA-PCSD Administrative Order No. 01-04, Rule 30.4)i. Seize illegally traded wildlife and arrest violators of RA 9147 subject to existing laws, rules and regulations on arrest

and detention (Sec. 30, RA 9147)ii. Seize illegally collected, possessed and/or traded wildlife, or parts, by-products and/or derivatives thereofiii. Arrest even without warrant any person who has committed, is committing, or is about to commit in his presence any

of the offenses provided under the Act and other relevant laws, rules and regulationsiv. Assist in the conduct of surveillance and monitoring of wildlife-related