CHAPTER II

THE LAW ENFORCEMENT COMPONENT

Lesson Outcomes:
At the end of this lesson, you should be able to:
1. determine major law enforcement agencies in the Philippines and
2. understand the functions of these agencies.

The following are the types of arrest:

1. arrest by virtue of warrant and
2. warrantless arrest or “citizen’s arrest”.

Arrest by Virtue of Warrant

When a warrant is issued by a judge, the warrant is delivered to the proper law enforcement
agency for execution. The head of the office to whom the warrant of arrest was delivered shall
cause the warrant to be executed within ten (10) days from its receipt. Within 10 days after the
expiration of the period, the officer to whom it was assigned for execution shall make a report
to the judge who issued the warrant. In case of failure to serve the warrant, he shall state the
reason for its non-execution. (Sec. 4, Rule 113, Rules of Court)
Arrest, as defined under Sec. 1, Rule 113 of the Rules of Criminal Procedure, is the taking of a
person into custody in order that he may be bound to answer for the commission of an offense.
Arrest can be with warrant or without warrant.
The purpose of arrest is for the court to have jurisdiction over the person of the accused for a
specific and definite purpose of making him answer for the commission of an offense. The court
cannot try unless the elements of jurisdiction are complied.

Section 2, Rule 113 of the Revised Rules on Criminal Procedure provides for the manner, time’
and conduct Of arresting a person who committed a crime. It states that:
Section 2. Arrest; how made. — An arrest is made by an actual restraint of a person to be
arrested, or by his submission to the custody of the person making the arrest.
No violence or unnecessary force shall be used in making an arrest. The person arrested shall
not be subject to a greater restraint than is necessary for his detention.

(Luz v. People, 667 SCRA 421, 429-430 and Pestillos v. Generoso, G.R. no. 182601, November 10,
2014)

The above jurisprudence provides that actual force, manual touching of the body, or physical
restraint nor a formal declaration of arrest is neither required for arrest to exist. It is enough
that there is an intention on the part of one of the parties to arrest the other, and that there is
an intent on the part of the other to submit, under the belief and impression that submission is
necessary.
In case of a motorist that is flagged down for a traffic violation, he is not deemed to be “under
arrest” at the time that he was waiting for the traffic officer to write the citation ticket. The
period before the issuance of citation ticket is characterized merely as “waiting time” provided
that there is no intent on the part of the officer to take the motorist into custody. (Luz v.
People, 667
SCRA 421, 433)

When making an arrest by virtue of a warrant, the officer shall inform the person to be arrested
of: (Section 7, Rule 113 of the Revised Rules on Criminal Procedure)

a) the cause of his arrest;

b) the officer shall inform the person to be arrested of the cause of arrest; and
c) the fact that a warrant has been issued for his arrest.

Exceptions:
When the person to be arrested flees or forcibly resists before the officer has the opportunity
to so inform him, or when the giving of such information will imperil the arrest.
In the arrest, take note that the officer need not have the warrant in his possession at the time
of the arrest, if the person arrested so requires, the warrant shall be shown to him as soon as
practicable. (Section 7, Rule 113 of the Revised Rules on Criminal Procedure)
Legal Duties of an Arresting Officer by Virtue of Warrant of Arrest

1) to inform him Of the reason for the arrest;

2) to show him the warrant of arrest, if any;

3) to inform him of his constitutional rights to remain silent and to counsel, that he is
entitled to exercise such rights, and that any statement he might make or declare can be
used against him in a court of law;

4) to inform him of his constitutional right to communicate with his counsel, a relative or
anyone he chooses by the most expedient means—by telephone if possible, or by letter
or messenger—who can assist him while under arrest and detention;

5) it shall be the responsibility of the arresting officer to see to it that the foregoing are
accomplished (Morales, Jr. v. Enrile, 121 SCRA 538, People v. Galit, 135 SCRA 465, et al.);
and

6) to deliver him to the nearest police station or jail (Sec. 3, Rule 113, Rules on Criminal
Procedure)

Time of Making an Arrest

Section 6, Rule 113 of the Revised Rules on Criminal Procedure
Section 6. Time of making arrest. — An arrest may be made on any day and at any time of the
day or night.

Arrest without Warrant

Section 5, Rule 113 of the Revised Rules on Criminal Procedure

Section 5. Arrest without warrant; when lawful.

— A peace officer or a private person may, without a warrant, arrest a person:
a. when, in his presence, the person to be arrested has committed, is actually committing,
or is attempting to commit an offense; (In flagrante delicto)

b. when an offense has just been committed and he has probable cause to believe, based
on personal knowledge of facts or circumstances, that the person to be arrested has
committed it; and

c. when the person to be arrested is a prisoner who has escaped from a penal
establishment or place where he is serving final judgment or is temporarily confined
while his case is pending, or has escaped while being transferred from one confinement
to another.

In cases falling under paragraph (a) and (b) above, the person arrested without a warrant shall
be forthwith delivered to the nearest police station or jail and shall be proceeded against in
accordance with Section 7 of Rule 112.
For a warrantless arrest of an accused caught in flagrante delicto to be valid, two (2) requisites
must concur:

1. The person to be arrested must execute an overt act indicating that he has just
committed or is actually committing, or

2. Such overt act is done in the presence or within the view of the arresting officer.

For paragraph (b) of Section 5, personal knowledge must not be influenced by the past criminal
record. It must be that the offender had just committed the crime. That the person is in hot
pursuit as contemplated in the second paragraph.

Buy-bust operation or entrapment is an example of warrantless arrest through “in flagrante

delicto.”

Instigation — takes place when a police officer induces a person to commit a crime; without it
the crime would not be committed.
Entrapment — signifies the ways and means devised by a peace officer to catch or apprehend a
person who has committed a crime; with or without it the crime has already been committed.

Let’s take a break!

Give one (1) scenario for Instigation and one (1) for Entrapment

Method of Arrest Without Warrant; Duty of the Arresting Officer; Exception

Section 8. Method of arrest by officer without warrant. — When making an arrest without a
warrant, the officer shall inform the person to be arrested of his authority and the cause of the
arrest, unless the latter is either engaged in the commission of an offense, is pursued
immediately after its commission, has escaped, flees, forcibly resists before the officer has
opportunity to so inform him, or when the giving of such information will imperil the arrest.
Take note: Warrantless arrest is also known as Citizen’s arrest. With that note, any citizen could
also effect arrest.

Assistance to Effect Arrest

Section 10, Rule 113 of the Revised Rules on Criminal Procedure provides for the rule on
assistance in making the arrest.
Section 10. Officer may summon assistance. — An officer making a lawful arrest may orally
summon as many persons as he deems necessary to assist him in effecting the arrest. Every
person so summoned by an officer shall assist him in effecting the arrest when he can render
such assistance without detriment to himself.

LAW ENFORCEMENT AGENCIES

Philippine National Police (PNP)
The PNP was created by virtue of RA 6975. It was approved on December 13, 1990 and effective
on January 1, 1991. The law was further amended by RA 8551 and RA 9708. The two (2) latter
laws only amended certain provisions of Philippine National Police.
Section 1. Title of the Act. – This Act shall be known as the “Department of the Interior and
Local Government Act of 1990.”
Section 23. Composition. – Subject to the limitations provided for in this Act, the Philippine
National Police, hereinafter referred to as the PNP, is hereby established, initially consisting of
the members of the police forces who were integrated into the Integrated National Police (INP)
pursuant to Presidential Decree No. 765, and the officers and enlisted personnel of the
Philippine constabulary (PC). For purposes of this Act, the officers and enlisted personnel of the
PC shall include those assigned with the Narcotics Command (NARCOM) or the Criminal
Investigation Service (CIS); and those of the technical services of the AFP assigned with the PC
and the civilian operatives of the CIS. The regular operatives of the abolished NAPOLCOM
Inspection, Investigation and Intelligence Branch may also be absorbed by the PNP. In addition,
a PC officer or enlisted personnel may transfer to any of the branches or services of the Armed
Forces of the Philippines in accordance with the provisions of Section 85 of this Act.

Section 24. Powers and Functions. — The PNP shall have the following powers and functions:
(a) Enforce all laws and ordinances relative to the protection of lives and properties;

(b) Maintain peace and order and take all necessary steps to ensure public safety;

(c) Investigate and prevent crimes, effect the arrest of criminal offenders, bring offenders
to justice, and assist in their prosecution;

(d) Exercise the general powers to make arrest, search, and seizure in accordance with the
Constitution and pertinent laws;

(e) Detain an arrested person for a period not beyond what is prescribed by law, informing
the person so detained of all his rights under the Constitution;

(f) Issue licenses for the possession of firearms and explosives in accordance with law;

(g) Supervise and control the training and operations of security agencies and issue licenses
to operate security agencies, and to security guards and private detectives, for the
practice of their professions; and

(h) Perform such other duties and exercise all other functions as may be provided by law.
In times of insurgency, what
is the function of the
Philippine National Police?

Section 3. Section 12 of Republic Act

No. 6975 is hereby amended to read as follows:
Section 12. Relationship of the Department (DILG) with the Department of National Defense.

The Philippine National Police shall, through information gathering and performance of its
ordinary police functions, support the Armed Forces of the Philippines on matters involving
suppression of insurgency, except in cases where the President shall call on the PNP to support
the AFP in combat operations.

Qualification for Entry to PNP

Section 14. Section 30 of Republic Act No. 6975 is hereby amended by RA 8551 to read as
follows:

“SEC. 30. General Qualifications for Appointment. — No person shall be appointed as officer or
member of the PNP unless he or she possesses the following minimum qualifications:
(a) A citizen of the Philippines;

(b) A person of good moral conduct;

(c) Must have passed the psychiatric/psychological, drug and physical tests to be
administered by the PNP or by any NAPOLCOM accredited government hospital for the
purpose of determining physical and mental health;

(d) Must possess a formal baccalaureate degree from a recognized institution of learning;

(e) Must be eligible in accordance with the standards set by the Commission;
(f) Must not have been dishonorably discharged from military employment or dismissed for
cause from any civilian position in the Government;

(g) Must not have been convicted by final judgment of an offense or crime involving moral
turpitude;

(h) Must be at least one meter and sixty-two centimeters (1.62 m.) in height for male and
one meter and fifty-seven centimeters (1.57 m.) for female;

(i) Must weigh not more or less than five kilograms (5 kgs.) from the standard weight
corresponding to his or her height, age, and sex; and

(j) For a new applicant, must not be less than twenty-one (21) nor more than thirty (30)
years of age: except for the last qualification, the above-enumerated qualifications shall
be continuing in character and an absence of any one of them at any given time shall be
a ground for separation or retirement from the service: Provided, That PNP members
who are already in the service upon the effectivity of this Act shall be given at least two
(2) more years to obtain the minimum educational qualification and one (1) year to
satisfy the weight requirement.

(The period given by the law to satisfy the minimum educational qualification for in-service
personnel under this law which is at least two (2) years has been extended to five (5)years
under RA 9708.)

“For the purpose of determining compliance with the requirements on physical and mental
health, as well as the non-use of prohibited drugs, the PNP by itself or through a NAPOLCOM
accredited government hospital shall conduct regular psychiatric, psychological drug and
physical tests randomly and without notice.”
“After the lapse of the time period for the satisfaction of a specific requirement, current
members of the PNP who will fail to satisfy any of the requirements enumerated under this
Section shall be separated from the service if they are below fifty (50) years of age and have
served in Government for less than twenty (20) years or retired if they are from the age of fifty
(50) and above and have served the Government for at least twenty (20) years without
prejudice in either case to the payment of benefits they may be entitled to under existing laws.”
Rank Classification and Key Positions
Section 28. Rank Classification. — For purposes of efficient administration, supervision and
control, the rank classification of the members of the PNP shall be as follows:

Director General
Deputy Director General
Director
Chief Superintendent
Senior Superintendent
Superintendent
Chief Inspector
Senior Inspector
Inspector
Senior Police Officer IV
Senior Police Officer Ill
Senior Police Officer Il
Senior Police Officer I
Police Officer Ill
Police Officer Il
Police Officer I

By virtue of RA 11200, approved on February 8, 2019, the rank classification has been
changed to the following:
Section 1. Section 28 of Republic Act No. 6975, otherwise known as the “Department of the
Interior and Local Government Act of 1990,” is hereby amended to read as follows:
Section 28. Rank Classification. — For purposes of clarity of command and responsibility, and
for the effective and efficient administration, supervision and control, the rank classification of
the uniformed personnel of the PNP shall be as follows:

Police General
Police Lieutenant General Police Major General
Police Brigadier General
Police Colonel Police Lieutenant Colonel
Police Major
Police Captain Police Lieutenant
Police Executive Master Sergeant
Police Chief Master Sergeant
Police Senior Master Sergeant
Police Master Sergeant
Police Staff Sergeant
Police Corporal
Patrolman/Patrolwoman

Section 2, RA 11200. The remaining provisions of Republic Act No. 6975, as amended by
Republic Act No. 8551, otherwise known as the “Philippine National Police Reform and
Reorganization Act of 1998,” that have reference to the rank classification of the uniformed
personnel of the Philippine National Police, and all other laws, executive orders, rules, and
regulations inconsistent with the provisions of this Act shall be deemed modified or repealed
accordingly.
(NOTE: for succeeding sections under RA 6975, refer to Sec. 2 of RA 11200 above with
reference to the rank)

Section 29. Key Positions. — The head of the PNP with the rank director general shall have the
position title of Chief of the PNP. The second in command of the PNP with the rank of deputy
director general shall be the Deputy Chief of the PNP for Administration. The third in command
with the rank also of deputy director general shall be the Deputy Chief of the PNP for
Operations.

At the national office, the head of the directorial staff with the rank of deputy director general
shall be known as Chief of the Directorial Staff of the PNP.

The heads of the various staff divisions in the directorial staff shall have the rank of director
with the position title of Director of the Directorial Staff of their respective functional divisions.
The head of the Inspectorate Division with the rank of chief superintendent shall assume the
position title of Inspector General. The heads of the administrative and operational support
divisions shall have the rank of chief superintendent.
The head of the NCR with the rank of director shall assume the position title of NCR Director.
The heads of the regional offices with the rank of chief superintendent shall assume the
position title of Regional Director.
The heads of the NCR district offices with the rank of chief superintendent shall have the
position title of District Director.
The heads of provincial offices with the rank of senior superintendent shall be known as
Provincial Director.
The heads of the district offices with the rank of superintendent shall have the position title of
District Director.
The heads of the municipality or city offices with the rank of chief inspector shall be known as
Chief of Police.

Authority to Appoint PNP Members

Section 31. Appointment of PNP Officers and Members. — The appointment of the officers and
members of the PNP shall be effected in the following manner:
(a) Police Officer I to Senior Police Officer IV. — Appointed by the PNP regional director
for regional personnel or by the Chief of the PNP for the national headquarters
personnel and attested by the Civil Service Commission.

(b) Inspector to Superintendent. —Appointed by the Chief of the PNP, as recommended

by their immediate superiors, attested by the Civil Service Commission;
(c) Senior Superintendent to Deputy Director General. — Appointed by the President
upon recommendation of the chief of the PNP, with proper endorsement by the
Chairman of the Civil Service Commission and subject to confirmation by the
Commission on Appointments; and

(d) Director General. – Appointed by the President from among the senior officers down
to the rank of chief superintendent in the service, subject to confirmation by the
Commission on Appointments: Provided, That the Chief of the PNP shall serve a tour
of duty not to exceed four (4) years: Provided, further, That, in times of war or other
national emergency declared by Congress, the President may extend such tour of
duty.

Tenure of Office of PNP Officers in Respective Positions

POSITION MAXIMUM TENURE

Chief four (4) years

Deputy Chief four (4) years

Director of the Staff Services four (4) years

Regional Directors six (6) years

Provincial/City Directors nine (9) years

National Bureau of Investigation (NBI)

National Bureau of Investigation is a highly trained investigative body that is functionally
integrated and national in scope. This was created under RA 157 and Reorganized and
Modernized under RA 10867. NBI is under the Department of Justice, headed by a Director that
is appointed by the President with the rank, salary, and privileges of that of Undersecretary. He
is assisted by two (2) Deputy Directors, one for Administration and another for Operations, and
an Assistant Director for each of the following seven (7) Services: Investigation Service,
Intelligence Service, Human Resource and Management Service, Comptroller Service, Forensic
and Scientific Research Service, Legal service, and Information and Communications Technology
Service.
No person shall be appointed Director unless he or she is a natural-born citizen of the
Philippines and a member of the Philippine Bar who has been engaged in the practice of law for
at least fifteen (15) years, preferably from within the ranks of Directors.
The Assistant Regional Directors to Deputy Directors shall likewise be appointed by the
President of the Philippines, coming from the ranks of the NBI, upon the recommendation of
the Secretary of Justice.
No person shall be appointed Deputy Director or Regional Director unless he or she is a citizen
of the Philippines and a member of the Philippine Bar who has been engaged in the practice of
law for at least ten (10) years for the Deputy Director and for at least five (5) years for the
Regional Director.

How can one be an NBI

Agent? What are the
functions of an agent?

Section 8. Qualifications of NBI Agents.— The

minimum qualifications of NBI agents are the following:
(a) Citizen of the Philippines;

(b) Of good moral character;

(c) A member of the Philippine Bar or a holder of a Baccalaureate Degree who passed the
necessary government licensure examination relevant to the investigative functions of
the NBI; and

(d) Successfully passed the competitive mental and physical examinations required by the
NBI.
Section 9. Powers and Functions of Agents. — The agents of the NBI shall have the following
powers and functions:
(a) Undertake investigations pursuant to the mandate of the NBI;

(b) Conduct searches, arrests, and seizures in accordance with existing laws, rules, and
regulations;

(c) Take and require sworn statements of any person or persons so summoned in relation
to cases under investigation;

(d) Administer oaths in cases under investigation; and

(e) Such other functions as may be assigned by the NBI Director.

The National Bureau of Investigation has the following powers and functions.
Section 4. Powers and Functions. – The NBI shall have the following powers and functions:
(a) Undertake investigation and detection of crimes and offenses enumerated under
Section 5 hereof;

(b) Issue subpoena for the appearance of any person for investigation or production of
documents, through its officers from the ranks of Regional Director to Director;

(c) Act as a national clearing house of criminal records and other related information for
the benefit of the government;

(d) Render technical assistance to government agencies and instrumentalities, when so

requested;

(e) Extend assistance in cases involving extradition and mutual legal assistance, when
requested by the Department of Justice;

(f) Establish an NBI Academy which shall be responsible for the recruitment, training, and
development of all NBI agents and personnel, among others;

(g) Establish and maintain a Forensic and Scientific Research Center which shall serve as the
primary center for forensic and scientific research in furtherance of scientific knowledge
in criminal investigation, detection, evidence collection and preservation, and provide
the necessary training therefor;

(h) Establish and maintain a Cyber Investigation and Assessment Center which shall serve as
the nerve center for computer information technologies, data on cybercrime cases,
computer intrusion, threats, and other related crimes or activities;

(i) Establish and maintain an integrated, comprehensive, and state-of the-art network of
equipment and facilities to be used by the NBI in its criminal investigation, detection,
and evidence gathering, and to provide the corresponding training in this regard;

(j) Request the assistance of the Philippine National Police (PNP), Armed Forces of the
Philippines, or any other agency of the government, including government-owned
and/or -controlled corporations, in its anti-crime drive. Such assistance may include the
use of the agency’s personnel and facilities upon prior approval by the head of the
agency concerned;

(k) Conduct intelligence operations in furtherance of the foregoing powers and functions;

(l) Enter into any contractor transaction for the acquisition, ownership, possession,
administration, lease, disposition or acceptance of real or personal property in its name,
subject to the approval of the Secretary of Justice;

(m)Establish a modern NBI Clearance and Identification Center containing all derogatory
and criminal records and civilian identification records, including their identifying marks
and characteristics and fingerprint database, as well as dental records pursuant to
Presidential Decree No. 1575, entitled “Requiring practitioners of Dentistry to Keep
Records of Their Patients”;

(n) Maintain, for purposes of investigative and forensic requirements Of the NBI, relevant
database such as ballistic records of firearms including, but not limited to, data
ownership, possession, and other related identifying circumstances; and
Deoxyribonucleic Acid (DNA) databank; and

(o) Perform such other functions as the President or the Secretary of Justice may assign.
Section 5. Jurisdiction. — The NBI shall have primary jurisdiction to undertake investigations
in the following cases:
(a) Human Trafficking cases in all airports in the Philippines;

(b) Extrajudicial/Extra-legal killings committed by the state’s security forces against media
practitioners and activists;

(c) Killings of justices and judges;

(d) Violation of Republic Act No. 10175, otherwise known as the “Cybercrime Prevention
Act”,

(e) Cases referred by the Inter-Agency Anti-Graft Coordinating Council (IAGCC);

(f) Violations of the Anti-Dummy Law;

(g) Cases involving threats to security or assaults against the persons of the President, Vice
President, Senate President, Speaker of the House of Representatives, and Chief Justice
of the Supreme Court;

(h) Transnational crimes pursuant to existing international agreements;

(i) Identification of the dead/victims in case of mass fatality incidents caused by natural
disasters; and

(j) Violations of commercial, economic, and financial or white collar crimes such as, but not
limited to, those punishable under Republic Act No. 8792, otherwise known as “E-
Commerce Act of 2000”; Republic Act No. 8484, otherwise known as “Access Devices
Regulations Act of 1998”; Republic Act No. 8293, otherwise known as “Intellectual
Property Code of the Philippines”; Republic Act No. 8799, otherwise known as
“Securities Regulation Code”; Presidential Decree No. 1689, otherwise known as
“Decree Increasing the Penalty for Certain Forms of Estafa,” and other similar penal
statutes that may be enacted by Congress.

Provided, however, that the President or the Secretary of Justice may direct the NBI to
undertake the investigation of any crime when public interest so requires.
Once the NBI takes cognizance of any of the aforementioned cases, the PHP and other law
enforcement agencies/investigative entities shall collaborate with and render assistance to
the NBI. In cases where jurisdiction is vested exclusively and/or primarily with the PNP or
other law enforcement agency/investigating agency, the NBI shall collaborate with and
render assistance to the same.

Philippine Coast Guard

The Philippine Coast Guard is the country’s vanguard against the entry of unsafe foreign vessels
into the country through its Port State Control (PSC). This agency is an armed and uniformed
service attached to the Department Of Transportation and Communications (DOTC). Provided,
That in times of war, as declared by Congress, the PCG or parts thereof, shall be attached to the
Department of National Defense. At present, the Philippine Coast Guard has seven (7) PSC
Centers and fifteen (15) PSC Divisions all throughout the archipelago. The PSC Center in Manila
has the bulk of all inspections based on frequency of foreign ship calls.
Philippine Coast Guard was originally created by RA 5173. The latter law was repealed by RA
9993, also known as “Philippine Coast Guard Law 0f 2009”.

What are the powers

and functions of PCG?

Section 3. Powers and Functions. — The PCG shall have the following powers and functions:

(a) To enforce regulations in accordance with all relevant maritime international

conventions, treaties or instruments and national laws for the promotion of safety of life
and property at sea within the maritime jurisdiction of the Philippines and conduct port
state control implementation;
(b) To conduct inspections on all merchant ships and vessels, including but shall not be
limited to inspections prior to departure, to ensure and enforce compliance with safety
standards, rules, and regulations;
(c) To detain, stop or prevent a ship or vessel which does not comply with safety
standards, rules, and regulations from sailing or leaving port;

(d) To conduct emergency readiness evaluation on merchant marine vessels;

(e) Subject to the approval of the Secretary of the DOTC, to issue and enforce rules and
regulations for the promotion of safety of life and property at sea on all maritime-
related activities;

(f) To coordinate, develop, establish, maintain and operate aids to navigation, vessel traffic
system, maritime communications and search and rescue facilities within the maritime
jurisdiction of the Philippines;

(g) To remove, destroy or tow to port, sunken or floating hazards to navigation, including
illegal fish traps and vessels, at or close to sea lanes which may cause hazard to the
marine environment;

(h) To issue permits for the salvage of vessels and to supervise all marine salvage
operations, as well as prescribe and enforce rules and regulations governing the same;

(i) To render aid to persons and vessels in distress and conduct search and rescue in
marine accidents within the maritime jurisdiction of the Philippines, including the high
seas, in accordance with applicable international conventions. In the performance of
this function, the PCG may enlist the services of other government agencies and the
merchant marine flee;

(j) To investigate and inquire into the causes of all maritime accidents involving death,
casualties and damage to properties;

(k) To assist in the enforcement and maintenance of maritime security, prevention or

suppression of terrorism at sea, and performance of law enforcement functions in
accordance with pertinent laws, rules, and regulations;

(l) To assist 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;

(m)To board and inspect all types of merchant ships and watercrafts in the performance of
its functions;
(n) To enforce laws and promulgate and administer rules and regulations for the protection
of marine environment and resources from offshore sources of pollution within the
maritime jurisdiction of the Philippines;

(o) To develop oil spill response, containment and recovery capabilities against ship-based
pollution;

(p) To grant, within its capabilities and consistent with its mandate, requests for assistance
of other government agencies in the performance of their functions;

(q) To organize, train and supervise the PCG Auxiliary (PCGA) for the purpose of assisting
the PCG in carrying out its mandated functions; and

(r) To perform such other functions that may be necessary in the attainment of the
objectives of this Act.

Who shall appoint PCG

Commandant?

Section 5. The PCG Commandant. — The PCG

shall be headed by a Commandant who shall carry the rank of Coast Guard Admiral; Provided,
that he shall be appointed by the President from among the Flag Officers in the Coast Guard
service. He shall hold a command-at-sea badge and must have served as a District Commander
of the PCG. The Commandant shall have a maximum term of three (3) years. A Commandant
who has served for three (3) years prior to his compulsory retirement shall be considered as
retired and entitled to all the benefits available to a Coast Guard officer as if he is compulsorily
retired.
Section G. Organization. – The PCG shall consist of the following categories of
officers and employees:
(a) PCG officers;

(b) PCG non-officers;

(c) PCG non-uniformed personnel;

(d) Probationary ensign; and

(e) Cadets and Cadettes.

What is the maximum

tenure per rank?

Section 9. Maximum Tenure in Rank. – The maximum tenure of officers in the

ranks of Captain and Flag Officer in the PCG are hereby prescribed as follows:

Rank Maximum Tenure in Rank

Coast Guard Admiral three (3) years

Coast Guard Vice Admiral three (3) years

Coast Guard Rear Admiral three (3) years

Coast Guard Commodore five (5) years

Coast Guard Captain seven (7) years

Unless earlier separated, retired or promoted to the next higher rank or
occupying a position calling for the higher rank in the PCG table of organization,
captains and Flag Officers shall be compulsorily retired upon the attainment of the
maximum tenure in rank herein prescribed, or upon reaching the age of
compulsory retirement whichever comes earlier: Provided, That officers already
holding these ranks upon the approval of this Act may be allowed one (1) year
more of tenure in rank before the maximum tenure provided in this section shall
be applied to them, unless they shall have already reached the compulsory
retirement age under existing laws, in which case the compulsory retirement age
shall prevail.

Section 10. Maximum -Tenure in Position. — Officers holding the following key
positions are hereby limited to a maximum tenure of three (3) years, unless
otherwise earlier relieved by competent authority or compulsorily retired under
existing laws:
Coast Guard Commandant;
Coast Guard Deputy Commandant;
and Coast Guard District Commander.

Provided, That except for the Commandant, no other officer shall be

assigned/designated to the aforementioned key positions or promoted to the
rank Of Commodore or higher if he has less than one (1) year of active service
remaining prior to compulsory retirement.

Who shall appoint PCG

Officers?
Section 12. Appointments. — Appointments of PCG officers, which shall be in the
initial rank of Coast Guard Ensign, shall be made by the Secretary Of the DOTC
upon the recommendation of the PCG Commandant. The initial appointment
ranks of chaplains, dentists, lawyers, medical doctors and veterinarians shall be
Coast Guard Lieutenant.
No person shall be appointed as an officer of the PCG unless he is a natural born
citizen of the Philippines, at least twenty-one (21) years of age at the date of
appointment, physically fit and is a baccalaureate degree holder. The
appointment of the PCG Commandant and Flag Officers shall be approved by the
President upon the recommendation of the Secretary of the DOTCO
Appointments of all PCG non-officers shall be made by the PCG Commandant.
Appointments of all non-uniformed personnel shall be in accordance with the Civil
Service laws, rules, and regulations.

Philippine Center on Transnational Crime (PCTC)

The Office is created under the Executive Order No. 62 dated January 15, 1999.
The mission of the Philippine Center on Transnational Crime (PCTC) is to
formulate and implement a concerted program of action of all law enforcement,
intelligence and other government agencies for the prevention and control of
transnational crime.

Executive Order No. 35 dated April 11, 2011 caused the transfer of the control
and supervision of the Philippine Center on Transnational Crime from the
Department of the Interior and Local Government to the Office of the President
to enhance the coordination among its departments, bureaus, offices, agencies,
and instrumentalities for a “whole of government approach” toward a more
efficient, coordinated, collaborative, and synergized effort against organized
transnational criminal activity, and to link national efforts with international
agencies and institutions directly involved in the global campaign against
transnational crimes.

Coordination and Networks

1. In the pursuance of its mission and functions, the PCTC shall be
assisted by the following government agencies and instrumentalities:

a. Philippine National Police (PNP);

b. National Bureau of Investigation (NBI);

c. National Action Committee on Anti-Hijacking and Anti-

Terrorism (NACAHT);

d. Presidential Anti-Organized Crime Task Force (PAOCTF);

e. Presidential Anti-Smuggling Task Force (PASTE);

f. National Police Commission (NAPOLCOM);

g. Department of the Interior and Local Government (DILG);

h. Department of Justice (DOJ);

i. Department of Finance (DOF);

j. Department of Transportation and Communication (DOTC);

k. Dangerous Drugs Board (DDB);

l. National Prosecution Service (NPS);

m. Bureau of Immigration and Deportation (BID);

n. Bureau of Internal Revenue (BIR);

o. Bureau of Customs (BOC);

p. National Intelligence Coordinating Agency (NICA);

q. Armed Forces of the Philippines (AFP);

r. Land Transportation Office (LTO);

s. National Telecommunication Commission (NTC);

t. National Statistics and Census Office (NSCO); and

u. Other Government Agencies

2. The PCTC shall address the requirement of putting strong and

intensified focus against transnational organized crime in the course
of the government’s anti-crime campaign.

3. The PNP continues to be the primary general law enforcement

agency of the country.

4. The Executive Director of PCTC, the Chief of PNP, and the heads of
other concerned government agencies shall undertake close
coordination and cooperation to insure synergy in the over-all anti-
transnational crime campaign.
5. The Executive Director of PCTC shall endorse attendance to all
trainings/conferences/seminars related on transnational crimes.

Department of Environment and Natural Resources (DENR)

The Department of Environment and Natural Resources is the agency under the
executive branch of the government responsible for the conservation,
management, development, and proper use of the country’s environment and
natural resources, specially forest and grazing lands, mineral resources, including
those in reservation and watershed areas, and lands of the public domain, as well
as the licensing and regulation of all natural resources as may be provided for by
the law in order to ensure equitable sharing of the benefits for the welfare of the
present and future generations of Filipinos.
It is the department primarily tasked to supervise the enforcement of
environmental laws in the Philippines. Discussed below are some of the
environmental laws in the Philippines that are frequently violated:

Philippine Clean Air Act of 7999 (RA 8749)

Republic Act 8749 was created to promote and protect the global environment to
attain sustainable development while recognizing the primary responsibility of
local government units to deal with environmental problems. The State
recognizes that the responsibility of cleaning the habitat and environment is
primarily area-based. The State also recognizes the principle that “polluters must
pay” and it recognizes that a clean and healthy environment is for the good of all
and should, therefore, be the concern of all.
Section 4. Recognition of Rights. — Pursuant to the above-declared principles,
the following rights of citizens are hereby sought to be recognized and the State
shall seek to guarantee their enjoyment:
(a) The right to breathe clean air;

(b) The right to utilize and enjoy all natural resources according to the
principles of sustainable development;

(c) The right to participate in the formulation, planning, implementation and

monitoring of environmental policies and programs and in the decision-
making process;

(d) The right to participate in the decision-making process concerning

development policies, plans and programs, projects or activities that may
have adverse impact on the environment and public health;

(e) The right to be informed of the nature and extent of the potential hazard of
any activity, undertaking, or project, and to be served timely notice of any
significant rise in the level of pollution and the accidental or deliberate
release into the atmosphere of harmful or hazardous substances;

(f) The right of access to public records which a citizen may need to exercise
his or her rights effectively under this Act;

(g) The right to bring action in court or quasi-judicial bodies to enjoin all
activities in violation of environmental laws and regulations, to compel the
rehabilitation and cleanup of affected area, and to seek the imposition of
penal sanctions against violators of environmental laws; and

(h) The right to bring action in court for compensation of personal damages
resulting from the adverse environmental and public health impact of a
project or activity.
Air Pollution Clearances and Permits for Stationary Sources
Section 16. Permits. – Consistent with the provisions of this Act, the Department
shall have the authority to issue permits as it may determine necessary for the
prevention and abatement of air pollution.
Said permits shall cover emission limitations for the regulated air pollutants to
help attain and maintain the ambient air quality standards. These permits shall
serve as management tools for the LGUs in the development of their action plan.

What is incineration?
Have you witnessed such
burning?

Section 20. Ban on Incineration. —

Incineration, hereby defined as the burning of municipal, biomedical and
hazardous waste, which process emits poisonous and toxic fumes is hereby
prohibited; Provided, however, That the prohibition shall not apply to traditional
small-scale method of community/ neighborhood sanitation “siga”, traditional,
agricultural, cultural, health, and food preparation and crematoria; Provided,
Further, That existing incinerators dealing with a biomedical wastes shall be out
within three (3) years after the effectivity of this Act; Provided, Finally, that in the
interim, such units shall be limited to the burning of pathological and infectious
wastes, and subject to close monitoring by the Department.
Local government units are hereby mandated to promote, encourage and
implement in their respective jurisdiction a comprehensive ecological waste
management that includes waste segregation, recycling and composting

With due concern on the effects of climate change, the Department shall promote
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.
Pollution from Motor Vehicles

Section 21. Pollution from Motor Vehicles.—a) The DOTC shall implement the
emission standards for motor vehicles set pursuant to and as provided in this Act.
To further improve the emission standards, the Department shall review, revise
and publish the standards every two (2) years, or as the need arises. It shall
consider the maximum limits for all major pollutants to ensure substantial
improvement in air quality for the health, safety and welfare of the general
public.

The following emission standards for type approval of motor vehicles shall be
effective by the year 2003:

a) For light duty vehicles, the exhaust emission limits for gaseous
pollutants shall be:

Emission Limits for Light Type Approval (Directive 91/441/EEC)

Commercial Vehicles
CO HC+NO× PMa
(g/km) (g/km) (g/km)
2.72 0.97 0.14
*for compression-ignition engines only
b) For light commercial vehicles, the exhaust emission limit of gaseous
pollutants as a function of the given reference mass shall be:
Emission Limits for Light Type Approval (Directive 93/59/EEC)
Commercial Vehicles

Reference CO HC+NO× PMa (g/km)

Weight (RW) (g/km) (g/km)
(kg)
Category 1 1250<RW 2.72 0.97 0.14
Category 2 1250<RW<1700 5.17 1.4 0.19
Category 3 RW> 1700 6.9 1.7 0.25

c) For heavy duty vehicles, the exhaust emission limits of gaseous

pollutants shall be:

Emission Limits for Type Approval (Directive 91/542/EEC)

Heavy Duty Vehicles

CO HC NO PM
(g/k/Wh) (g/k/Wh) (g/k/Wh) (g/k/Wh)
4.5 1.1 8.0 0.36a
*In the case of engines of 85 kW or less, the limit value for particular emissions in
increased by multiplying the quoted limit by a coefficient of 1.7
Fuel evaporative emission for spark-ignition engines shall not exceed 2.0 grams
hydrocarbons per teste Likewise, it shall not allow any emission of gases from
crankcase ventilation system into the atmosphere.

d) The Department, in collaboration with the DOTC, DTI and LGUs, shall
develop an action plan for the control and management of air
pollution from motor vehicles consistent with the Integrated Air
Quality Framework. The DOTC shall enforce compliance with the
emission standards for motor vehicles set by the Department. The
DOTC may deputize other law enforcement agencies and LGUs for
this purpose. To this end, the DOTC shall have the power to:

(1) Inspect and monitor the emissions of motor vehicles;

(2) Prohibit or enjoin the use of motor vehicles or a class of

motor vehicles in any area or street at specified times; and

(3) Authorize private testing emission testing centers duly

accredited by the DTI.

e) The DOTC, together with the DTI and the Department, shall establish
the procedures for the inspection of motor vehicles and the testing
of their emissions for the purpose of determining the concentration
and/or rate Of pollutants discharged by said sources.

f) In order to ensure the substantial reduction of emissions from motor

vehicles, the Department of Trade and Industry (DTI), together with
the DOTC and the Department shall formulate and implement a
national motor vehicle inspection and maintenance program that will
promote efficient and safe operation of all motor vehicles. In this
regard, the DTI shall develop and implement standards and
procedures for the certification of training institutions, instructors
and facilities and the licensing of qualified private service centers and
their technicians as prerequisite for performing the testing, servicing,
repair and the required adjustment to the vehicle emission system.
The DTI shall likewise prescribe regulations requiring the disclosure
of odometer readings and the use of tamper-resistant odometers for
all motor vehicles including tamper-resistant fuel management
systems for the effective implementation of the inspection and
maintenance program.

Section 22. Regulation of All Motor Vehicles and Engines. — Any imported new
or locally-assembled new motor vehicle shall not be registered unless it complies
with the emission standards set pursuant to this Act, as evidenced by a Certificate
of Conformity (COC) issued by the Department.
Any imported new motor vehicle engine shall not be introduced into commerce,
sold or used unless it complies with emission standards set pursuant to this Act.
Any imported used motor vehicle or rebuilt motor vehicle using new or used
engines, major parts or components shall not be registered unless it complies
with the emission standards.
In case of non-compliance, the importer or consignee may be allowed to modify
or rebuild the vehicular engine so it will be in compliance with applicable emission
standards.
No motor vehicle registration (MVR) shall be issued unless such motor Vehicle
passes the emission testing requirement promulgated in accordance e Conducted
by the DOTC or its authorized inspection centers within sixty (60) days prior to
date of registration.
The DTI shall promulgate the necessary regulations prescribing the useful life of
vehicles and engines including devices in order to ensure that such vehicles will
conform to the emissions which they were certified to meet. These regulations
shall include provisions for ensuring the durability of emission devices.

Section 23. Second-Hand Motor Vehicle Engines. — Any imported second-hand

motor vehicle engine shall not be introduced into commerce, sold or used unless
it complies with emission standards set pursuant to this Act.

Pollution from Other Sources

Section 24. Pollution from smoking. — Smoking inside a public building or an

enclosed public place including public vehicles and other means of transport or in
any enclosed area outside of one’s private residence, private place of work or any
duly designated smoking area is hereby prohibited under this Act. This provision
shall be implemented by the LGUs.

Section 25. Pollution from other mobile sources. — The Department, in

coordination with appropriate agencies, shall formulate and establish the
necessary standards for all mobile sources other than those referred to in Sec. 21
of this Act. The imposition of the appropriate fines and penalties from these
sources for any violation of emission standards shall be under the jurisdiction of
the DOTC.

Institutional Mechanism
Section 34. Lead Agency. — The Department, unless otherwise provided herein,
shall be the primary government agency responsible for the implementation and
enforcement of this Act. To be more effective in this regard, The Department’s
Environmental Management Bureau (EMB) shall be converted from a staff bureau
to a line bureau for a period of no more than two (2) years, unless a separate,
comprehensive environmental management agency is created.

Have you ever witnessed

any violation of these
provisions? If yes, what
should you do next?

Actions

Section 40. Administrative Action. — Without prejudice to the right of any

affected person to file an administrative action, the Department shall, on its own
instance or upon verified complaint by any person, institute administrative
proceedings against any person who violates:
(a) Standards or limitation provided under this Act; or

(b) Any order, rule or regulation issued by the Department with respect to such
standard or limitation.

Section 41. Citizen Suits. — For purposes of enforcing the provisions of this Act or
its implementing rules and regulations, any citizen may file an appropriate civil,
criminal, or administrative action in the proper courts against:
(a) Any person who violates or fails to comply with the provisions of this Act or
its implementing rules and regulations; or

(b) The Department or other implementing agencies with respect to orders,

rules, and regulations issued inconsistent with this Act; and/or
(c) Any public officer who willfully or grossly neglects the performance of an
act specifically enjoined as a duty by this Act or its implementing rules and
regulations; or abuses his authority in the performance Of his duty; or, in
any manner, improperly performs his duties Under this Act or its
implementing rules and regulations; Provided, however, That no suit can be
filed until thirty-day (30) notice has been taken thereon.
The court shall exempt such action from the payment of filing fees, except fees
for actions not capable of pecuniary estimations, and shall likewise, upon prima
facie showing of the non-enforcement or violation complained of, exempt the
plaintiff from the filing of an injunction bond for the issuance of a preliminary
injunction.

Within thirty (30) days, the court shall make a determination if the complaint
herein is malicious and/or baseless and shall accordingly dismiss the action and
award attorney’s fees and damages.

Section 42. Independence of Action. — The filing of an administrative suit against

such person/entity does not preclude the right of any other person to file any
criminal or civil action. Such civil action shall proceed independently.

Section 43. Suits and Strategic Legal Actions Against Public Participation and the
Enforcement of This Act. — Where a suit is brought against a person who filed an
action as provided in Sec. 41 of this Act, or against any person, institution or
government agency that implements this Act, it shall be the duty of the
investigating prosecutor or the court, as the case may be, to immediately make a
determination not exceeding thirty (30) days whether said legal action has been
filed to harass, vex, exert undue pressure or stifle such legal recourses of the
person complaining of or enforcing the provisions of this Act. Upon determination
thereof, evidence warranting the same, the court shall dismiss the case and
award attorney’s fees and double damages.
This provision shall also apply and benefit public officers who are sued for acts
committed in their official capacity, there being no grave abuse of authority, and
done in the course of enforcing this Act.

Ecological Solid Waste Management Act of 2000 (RA 9003)

Republic Act 9003 was approved on January 26, 2001. This law was created to:

(a) Ensure the protection of the public health and environment;

(b) Utilize environmentally-sound methods that maximize the utilization of

valuable resources and encourage resource conservation and recovery;

(c) Set guidelines and targets for solid waste avoidance and volume reduction
through source reduction and waste minimization measures, including
composting, recycling, re-use, recovery, green charcoal process, and others,
before collection, treatment, and disposal in appropriate and
environmentally sound solid waste management facilities in accordance
with ecologically sustainable development principles;

(d) Ensure the proper segregation, collection, transport, storage, treatment,

and disposal of solid waste through the formulation and adoption of the
best environmental practice in ecological waste management excluding
incineration;

(e) Promote national research and development programs for improved solid
waste management and resource conservation techniques, more effective
institutional arrangement and indigenous and improved methods of waste
reduction, collection, separation and recovery;

(f) (f) Encourage greater private sector participation in solid waste

management;
(g) Retain primary enforcement and responsibility of solid waste management
with local government units while establishing a cooperative effort among
the national government, other local government units, non-government
organizations, and the private sector;

(h) Encourage cooperation and self-regulation among waste generators

through the application of market-based instruments;

(i) Institutionalize public participation in the development and implementation

of national and local integrated, comprehensive, and ecological waste
management programs; and

(j) Strengthen the integration of ecological solid waste management and

resource conservation and recovery topics into the academic curricula of
formal and non-formal education in order to promote environmental
awareness and action among the citizenry.

Section 8. Role of the Department. — For the furtherance of the objectives of this
Act, the Department shall have the following functions:
(a) Chair the Commission created pursuant to this Act;

(b) Prepare an annual National Solid Waste Management Status Report;

(c) Prepare and distribute information, education, and communication

materials on solid waste management;

(d) Establish methods and other parameters for the measurement of waste
reduction, collection, and disposal;

(e) Provide technical and other capability building assistance and support to
the LGUs in the development and implementation of local solid waste
management plans and programs;
(f) Recommend policies to eliminate barriers to waste reduction programs;

(g) Exercise visitorial and enforcement powers to ensure strict compliance with
this Act;

(h) Perform such other powers and functions necessary to achieve the
objectives of this Act; and

(i) Issue rules and regulations to effectively implement the provisions of this
Act.

Who has the responsibility

on waste segregation?

Section 10. Role of LGUs in Solid Waste

Management— Pursuant to the relevant provisions of R.A. No. 7160, otherwise
known as the Local government code, the LGUs shall be primarily responsible for
the implementation and enforcement of the provisions of this Act within their
respective jurisdictions.
Segregation and collection of solid waste shall be conducted at the barangay level
specifically for biodegradable, Compostable and reusable wastes: Provided, that
the collection of non-recyclable materials and special wastes shall be the
responsibility of the municipality or city.

Segregation of Wastes
Section 21. Mandatory Segregation of Solid Wastes — The LGUs shall evaluate
alternative roles for the public and private sectors in providing collection serVices,
type of collection system, or combination of systems, that best meet their needs:
Provided, That segregation of wastes shall primarily be conducted at the source,
to include household, institutional, industrial, commercial and agricultural
sources: Provided, further, That wastes shall be segregated into the categories
provided in Sec. 22 of this Act.
For premises containing six (6) or more residential units, the local government
unit shall promulgate regulations requiring the owner or person in charge of such
premises to:

(a) provide for the residents a designated area and containers in which to
accumulate source separated recyclable materials to be collected by the
municipality or private center; and

(b) notify the occupants of each buildings of the requirements of this Act and
the regulations promulgated pursuant thereto.

Section 22. Requirements for the Segregation and Storage of Solid Waste – The
following shall be the minimum standards and requirements for segregation and
storage of solid waste pending collection:
(a) There shall be a separate container for each type of waste from all sources:
Provided, that in the case of bulky waste, it will suffice that the same be
collected and placed in a separate designated area; and

(b) The solid waste container depending on its use shall be properly marked or
identified for on-site collection as “compostable”, “non-recyclable”,
“recyclable” or “special waste”, or any other Classification as may be
determined by the Commission.
PENAL PROVISIONS
Section 48. Prohibited Acts —The following acts are prohibited:
(1) Littering, throwing, dumping of waste matters in public places, such
as roads, sidewalks, canals, esteros or parks, and establishment, or
causing or permitting the same;

(2) Undertaking activities or operating, collecting, or transporting

equipment in violation of sanitation operation and other
requirements or permits set forth in established pursuant;

(3) The open burning of solid waste;

(4) Causing or permitting the collection of non-segregated or unsorted

wastes;

(5) Squatting in open dumps and landfills;

(6) Open dumping, burying of biodegradable or non-biodegradable

materials in flood prone areas;

(7) Unauthorized removal of recyclable material intended for collection

by authorized persons;

(8) The mixing of source-separated recyclable material with other solid

waste in any vehicle, box, container, or receptacle used in solid waste
collection or disposal;

(9) Establishment or operation of open dumps as enjoined in this Act, or

closure of said dumps in violation of Sec. 37;

(10) The manufacture, distribution or use of non-environmentally

acceptable packaging materials;
(11) Importation of consumer products packaged in non-
environmentally acceptable materials;

(12) Importation of toxic wastes misrepresented as “recyclable” or

“with recyclable content”;

(13) Transport and dumping in bulk of collected domestic,

industrial, commercial, and institutional wastes in areas other than
centers or facilities prescribe under this Act;

(14) Site preparation, construction, expansion, or operation of

waste management facilities without an Environmental Compliance
Certificate required pursuant to Presidential Decree No. 1586 and
this Act and not conforming with the land use plan of the LGU;

(15) The construction of any establishment within two hundred

(200) meters from open dumps or controlled dumps, or sanitary
landfill; and

(16) The construction or operation of landfills or any waste disposal

facility on any aquifer, groundwater reservoir, or watershed area and
or any portions thereof.

Section 49. Fines and Penalties —

(a) Any person who violates Sec. 48 paragraph (1) shall, upon conviction, be
punished with a fine of not less than Three hundred pesos (P300.00) but
not more than One thousand pesos (PI,OOO.OO) or render community
service for not less than one (1) day to not more than fifteen (15) days to an
LGU where such prohibited acts are committed, or both;

(b) Any person who violates Sec. 48, pars. (2) and (3), shall, upon conviction be
punished with a fine of not less than Three hundred pesos (P300.00) but
not more than One thousand pesos (P 1,000.00) or imprisonment of not
less than one (1) day but to not more than fifteen (15) days, or both;

(c) Any person who violates Sec. 48, pars. (4), (5), (6) and (7) shall, upon
conviction, be punished with a fine of not less than One thousand pesos
(PI,OOO.OO) but not more than Three thousand pesos (P3,000.00) or
imprisonment of not less than fifteen (15) days but to not more than six (6)
months, or both;

(d) Any person who violates Sec. 48, pars (8), (9), (10) and (11) for the first time
shall, upon conviction, pay a fine of Five hundred thousand pesos
(P500,OOO.OO) plus and amount not less than five percent (5%) but not
more than ten percent (10%) of his net annual income during the previous
year.

The additional penalty of imprisonment of a minimum period of one (1)

year but not to exceed three (3) years at the discretion of the court shall be
imposed for second or subsequent violations of Sec. 48, pars. (9) and (10).

(e) Any person who violates Sec. 48, pars. (12) and (13) shall, upon conviction,
be punished with a fine not less than Ten thousand pesos (PIO,OOO.OO)
but not more than Two hundred thousand pesos (P200,000.00) or
imprisonment of not less than thirty (30) days but not more than three (3)
years, or both;

(f) Any person who violates Sec. 48, pars. (14), (15) and (16) shall, upon
conviction, be punished with a fine not less than One hundred thousand
pesos (PIOO,OOO.OO) but not more than One million pesos
(PI,OOO,OOO.OO), or imprisonment not less than one (1) year but not
more than six (6) years, or both.

If the offense is committed by a corporation, partnership, or other juridical

identity duly recognized in accordance with the law, the chief executive officer,
president, general manager, managing partner or such other officer-in-charge
shall be liable for the commission of the offense penalized under this Act.

If the offender is an alien, he shall, after service of the sentence prescribed above,
be deported without further administrative proceedings.

The fines herein prescribed shall be increased by at least ten (10%) percent every
three (3) years to compensate for inflation and to maintain the deterrent
functions of such fines.

Section 50. Administrative Sanctions — Local government officials and officials of

government agencies concerned who fail to comply with and enforce rules and
regulations promulgated relative to this Act shall be charged administratively in
accordance with R.A. 71-60 and other existing laws, rules and regulations.

Environmental Protection Order (EPO)

Environmental protection order (EPO) refers to an order issued by the court
directing or enjoining any person or government agency to perform or desist from
performing an act in order to protect, preserve or rehabilitate the environment.

BUREAU OF IMMIGRATION
General Functions

 Acts as the primary enforcement arm of the Department of Justice and the
President of the Philippines in ensuring that all foreigners within its
territorial jurisdiction comply with existing laws;
 Assists local and international law enforcement agencies in securing the
tranquility of the state against foreigners whose presence or stay may be
deemed threats to national security, public safety, public morals, and public
health and;

 Acts as chief repository of all immigration records pertaining to entry,

temporary sojourn, admission, residence, and departure of all foreigners in
the country.

Specific Functions

In the discharge of its broad functions, the Bureau through its Board Of
Commissioners, exercises administrative and quasi-judicial powers over the:

 Regulation of the entry (arrival), stay (sojourn), and exit (departure) Of

foreign nationals in the country;

 Monitoring of the entry and exit of Filipino citizens in compliance with

Philippine laws and other legal procedures;

 Issuance of immigration documents and identification certifications on non-

immigrant, immigrant, and special non-immigrant visas;

 Issuance of special permits in relation to the enforcement of immigration

laws (e.g., Special Work Permit (SWP), Provisional Permit to Work (PPW),
Special Study Permit (SSP), re-entry permits, clearances, etc.);
 Extension of stay of temporary visitors and implementation of changes of
status as provided by law;

 Administrative determination of citizenship and related status;

 Investigation, hearing, decision, and execution of orders pertaining to

exclusion, deportation, and repatriation of foreign nationals;

 Implementation of Hold Departure Orders, Blacklist, Watch list,

Immigration Lookout Bulletin Orders and Alert List Orders;

 Cancellation of immigration documents upon violation of immigration laws

and procedures;

 Investigation, arrests, and detention of foreigners in violation of

immigration regulation and other Philippine laws;

 Accreditation of schools and learning institutions that can officially accept

and enroll foreign students; and

 Accreditation of law firms, liaison officers, travel agencies and other

individuals and organizations transacting with the Bureau of Immigration.