TITLE XIV

Environment and Natural Resources

CHAPTER 1

General Provisions

SECTION 1. Declaration of Policy.—(1) The State shall ensure, for the benefit
of the Filipino people, the full exploration and development as well as the
judicious disposition, utilization, management, renewal and conservation of
the country’s forest, mineral, land, waters, fisheries, wildlife, off-shore areas
and other natural resources, consistent with the necessity of maintaining a
sound ecological balance and protecting and enhancing the quality of the
environment and the objective of making the exploration, development and
utilization of such natural resources equitably accessible to the different
segments of the present as well as future generations.

(2) The State shall likewise recognize and apply a true value system that
takes into account social and environmental cost implications relative to the
utilization, development and conservation of our natural resources.

SECTION 2. Mandate.—(1) The Department of Environment and Natural

Resources shall be primarily responsible for the implementation of the
foregoing policy.

(2) It shall, subject to law and higher authority, be in charge of carrying out
the State’s constitutional mandate to control and supervise the exploration,
development, utilization, and conservation of the country’s natural
resources.

SECTION 3. Guidelines for Implementation.—In the discharge of its

responsibility the Department shall be guided by the following objectives:

(1) Assure the availability and sustainability of the country’s natural

resources through judicious use and systematic restoration or replacement,
whenever possible;

(2) Increase the productivity of natural resources in order to meet the

demands for the products from forest, mineral, land and water resources of a
growing population;

(3) Enhance the contribution of natural resources for achieving national

economic and social development;
(4) Promote equitable access to natural resources by the different sectors of
the population; and

(5) Conserve specific terrestrial and marine areas representative of the

Philippine natural and cultural heritage for present and future generations.

SECTION 4. Powers and Functions.—The Department shall:

(1) Advise the President and the Congress on the enactment of laws relative
to the exploration, development, use, regulation and conservation of the
country’s natural resources and the control of pollution;

(2) Formulate, implement and supervise the implementation of the

government’s policies, plans, and programs pertaining to the management,
conservation, development, use and replenishment of the country’s natural
resources;

(3) Promulgate rules and regulations in accordance with law governing the
exploration, development, conservation, extraction, disposition, use and
such other commercial activities tending to cause the depletion and
degradation of our natural resources;

(4) Exercise supervision and control over forest lands, alienable and
disposable public lands, mineral resources and, in the process of exercising
such control, impose appropriate taxes, fees, charges, rentals and any such
form of levy and collect such revenues for the exploration, development,
utilization or gathering of such resources;

(5) Undertake the exploration, assessment, classification and inventory of

the country’s natural resources, using ground surveys, remote sensing and
complementary technologies;

(6) Promote proper and mutual consultation with the private sector on
matters involving natural resources exploration, development, use and
conservation;

(7) Undertake geological surveys of the whole country including its territorial
waters;

(8) Issue licenses and permits for activities related to the use and
development of aquatic resources, treasure hunting, salvaging of sunken
vessels and other similar activities;

(9) Establish policies and implement programs for the:

(a) Accelerated inventory, survey and classification of lands, forest and
mineral resources, using appropriate technology, to be able to come up with
a more accurate assessment of resource quality and quantity;

(b) Equitable distribution of natural resources through the judicious

administration, regulation, utilization, development and conservation of
public lands, forest, water and mineral resources (including mineral
reservation areas), that would benefit a greater number of Filipinos;

(c) Promotion, development and expansion of natural resource-based

industries;

(d) Preservation of cultural and natural heritage through wildlife conservation

and segregation of national parks and other protected areas;

(e) Maintenance of a wholesome natural environment by enforcing

environmental protection laws; and

(f) Encouragement of greater people participation and private initiative in

rural resource management;

(10) Promulgate rules and regulations necessary to:

(a) Accelerate cadastral and emancipation patent surveys, land use planning
and public land titling;

(b) Harness forest resources in a sustainable manner, to assist rural

development, support forest-based industries, and provide raw materials to
meet increasing demands, at the same time keeping adequate reserves for
environmental stability;

(c) Expedite mineral resources surveys, promote the production of metallic

and non-metallic minerals and encourage mineral marketing;

(d) Assure conservation and judicious and sustainable development of

aquatic resources.

(11) Assess, review and provide direction to, in coordination with concerned
government agencies, energy research and development programs,
including identification of sources of energy and determination of their
commercial feasibility for development;

(12) Regulate the development, disposition, extraction, exploration and use

of the country’s forest, land, water and mineral resources;
(13) Assume responsibility for the assessment, development, protection,
licensing and regulation as provided for by law, where applicable, of all
energy and natural resources; the regulation and monitoring of service
contractors, licensees, lessees, and permit for the extraction, exploration,
development and use of natural resources products; the implementation of
programs and measures with the end in view of promoting close
collaboration between the government and the private sector; the effective
and efficient classification and sub-classification of lands of the public
domain; and the enforcement of natural resources and environmental laws,
rules and regulations;

(14) Promulgate rules, regulations and guidelines on the issuance of licenses,

permits, concessions, lease agreements and such other privileges
concerning the development, exploration and utilization of the country’s
marine, freshwater, and brackish water and over all aquatic resources of the
country and shall continue to oversee, supervise and police our natural
resources; cancel or cause to cancel such privileges upon failure, non-
compliance or violations of any regulation, order, and for all other causes
which are in furtherance of the conservation of natural resources and
supportive of the national interest;

(15) Exercise exclusive jurisdiction on the management and disposition of all

lands of the public domain and serve as the sole agency responsible for
classification, sub-classification, surveying and titling of lands in consultation
with appropriate agencies;

(16) Implement measures for the regulation and supervision of the

processing of forest products, grading and inspection of lumber and other
forest products and monitoring of the movement of timber and other forest
products;

(17) Promulgate rules and regulations for the control of water, air and land
pollution;

(18) Promulgate ambient and effluent standards for water and air quality
including the allowable levels of other pollutants and radiations;

(19) Promulgate policies, rules and regulations for the conservation of the
country’s genetic resources and biological diversity, and endangered
habitats;

(20) Formulate an integrated, multi-sectoral, and multi-disciplinary National

Conservation Strategy, which will be presented to the Cabinet for the
President’s approval;

(21) Perform such other functions as may be provided by law.

SECTION 5. Organizational Structure.—The Department shall consist of the
Department Proper, the Staff Offices, the Staff Bureaus, and the Regional
Offices, Provincial Offices and Community Offices.

CHAPTER 2

The Department Proper

SECTION 6. Composition.—The Department Proper shall be composed of the

Office of the Secretary, the Offices of the Undersecretaries and Assistant
Secretaries, and the Public Affairs Office, Special Concerns Office, and the
Pollution Adjudication Board.

SECTION 7. Office of the Secretary.—The Office of the Secretary shall

consist of the Secretary and his immediate staff.

SECTION 8. The Secretary.—The Secretary shall:

(1) Advise the President on the promulgation of rules, regulations and other
issuances relative to the conservation, management, development and
proper use of the country’s natural resources;

(2) Establish policies and standards for the efficient and effective operations
of the Department in accordance with the programs of the government;

(3) Promulgate rules, regulations and other issuances necessary in carrying

out the Department’s mandate, objectives, policies, plans, programs and
projects.

(4) Exercise supervision and control over all functions and activities of the
Department;

(5) Delegate authority for the performance of any administrative or

substantive function to subordinate officials of the Department; and

(6) Perform such other functions as may be provided by law or assigned by

the President.

SECTION 9. Undersecretaries.—The Secretary shall be assisted by five (5)

Undersecretaries upon the recommendation of the Secretary. The Secretary
is hereby authorized to delineate, assign and/or reassign the respective
functional areas of responsibility of each Undersecretary, Provided, That such
responsibility shall be with respect to the mandate and objectives of the
Department; and Provided, further, That no Undersecretary shall be assigned
primarily administrative responsibilities. Within his functional area of
responsibility, an Undersecretary shall have the following functions:

(1) Advise the Secretary in the promulgation of Department orders,

administrative orders and other issuances, with respect to his area of
responsibility;

(2) Exercise supervision and control over the offices, services, operating
units and officers and employees under his responsibility;

(3) Promulgate rules and regulations, consistent with Department policies,

that will efficiently and effectively govern the activities of units under his
responsibility;

(4) Coordinate the functions and activities of the units under his
responsibility with those of other units under the responsibility of other
Undersecretaries;

(5) Exercise such authority on substantive and administrative matters

related to the functions and activities of units under his responsibility to the
extent granted by the Secretary through administrative issuances; and

(6) Perform such other functions as may be provided by law or assigned by

the Secretary.

SECTION 10. Assistant Secretaries.—The Secretary and the

Undersecretaries shall, in the formulation, management and implementation
of natural resources laws, policies, plans, and programs and projects, also be
assisted by seven (7) Assistant Secretaries who shall be responsible for the
following: one (1) for Policy and Planning Studies, one (1) for Foreign-
Assisted and Special Projects, one (1) for Field Operations in Luzon, one (1)
for Field Operations in the Visayas, and one (1) for Field Operations in
Mindanao, one (1) for Legal Affairs, and one (1) for Management Services.

SECTION 11. Public Affairs Office.—The Public Affairs Office, under the
Office of the Secretary, shall be headed by a Director to be assisted by an
Assistant Director, and shall serve as the public information arm of the
Department. It shall be responsible for disseminating information on natural
resources development policies, plans, programs and projects and respond
to public queries related to the development and conservation of natural
resources.

SECTION 12. Special Concerns Office.—The Special Concerns Office, also

under the Office of the Secretary, shall be headed by a Director to be
assisted by an Assistant Director, and shall be responsible for handling
priority areas or subjects identified by the Secretary which necessitate
special and immediate attention.

SECTION 13. Pollution Adjudication Board.—The Pollution Adjudication

Board, under the Office of the Secretary, shall be composed of the Secretary
as Chairman, two Undersecretaries as may be designated by the Secretary,
the Director of Environmental Management, and three others to be
designated by the Secretary as members. The Board shall assume the
powers and functions of the Commission/Commissioners of the National
Pollution Control Commission with respect to the adjudication of pollution
cases under Republic Act 3931 and Presidential Decree 984, particularly with
respect to Section 6 letters (e), (f), (g), (j), (k) and (p) of P.D. 984. The
Environmental Management Bureau shall serve as the Secretariat of the
Board. These powers and functions may be delegated to the regional officers
of the Department in accordance with rules and regulations to be
promulgated by the Board.

CHAPTER 3

The Staff Sectoral Bureaus

SECTION 14. Forest Management Bureau.—The Forest Management Bureau

shall be headed by a Director and assisted by an Assistant Director, and shall
integrate and absorb the powers of the Bureau of Forest Development and
the Wood Industry Development Authority which were abolished by
Executive Order No. 131, except those line functions and powers thereof
which are transferred to the regional field office.

It shall advise the Secretary on matters pertaining to forest development and

conservation. As its primary functions, it shall:

(1) Recommend policies and/or programs for the effective protection,

development, occupancy, management and conservation of forest lands and
watersheds, including the grazing and mangrove areas; reforestation and
rehabilitation of critically denuded or degraded forest reservations,
improvement of water resource use and development, development of
national parks, preservation of wilderness areas, game refuges and wildlife
sanctuaries, ancestral lands, wilderness areas and other natural preserves,
development of forest plantations, including rattan, bamboo, and other
valuable non-timber forest resources; and rationalization of the wood-based
industries, regulation of the utilization and exploitation of forest resources,
including wildlife, to ensure continuous supply of forest and goods and
services;

(2) Advise the regional offices in the implementation of the above policies
and/or programs;
(3) Develop plans, programs, operating standards and administrative
measures to promote the Bureau’s objectives and functions;

(4) Assist in the monitoring and evaluation of forestry and watershed

development projects to ensure efficiency and effectiveness;

(5) Undertake studies on the economics of forestry and forest-based

industries, including supply and demand trends on the local, national and
international levels, identifying investment problems and opportunities in
various areas; and

(6) Perform such other functions as may be provided by law or assigned by

the Secretary.

SECTION 15. Lands Management Bureau.—The Lands Management Bureau,

to be headed by a Director and assisted by an Assistant Director, shall
absorb the functions and powers of the Bureau of Lands abolished by
Executive Order No. 131, except those line functions and powers thereof
which are transferred to the regional field offices.

It shall advise the Secretary on matters pertaining to rational land

management and disposition and shall have the following functions:

(1) Recommend policies and programs for the efficient and effective
administration, surveys, management and disposition of alienable and
disposable lands of the public domain and other lands outside the
responsibilities of other government agencies, such as reclaimed areas and
other areas not needed for or are not being utilized for the purposes for
which they have been established;

(2) Advise the Regional Offices on the efficient and effective implementation
of policies, programs and projects for more effective public lands
management;

(3) Assist in the monitoring and evaluation of land surveys, management and
disposition of lands to ensure efficiency and effectiveness thereof;

(4) Issue standards, guidelines, regulations and orders to enforce policies for
the maximization of land use and development;

(5) Develop operating standards and procedures to promote the Bureau’s

objectives and functions; and

(6) Perform such other functions as may be provided by law or assigned by

the Secretary.
SECTION 16. Mines and Geo-Sciences Bureau.—The Mines and Geo-
Sciences Bureau, to be headed by a Director and assisted by an Assistant
Director shall absorb the functions of the Bureau of Mines and Geo-Sciences,
Mineral Reservations Development Board, and the Gold Mining Industry
Development Board which were abolished by Executive Order No. 131,
except line functions and powers thereof which are transferred to the
regional field offices.

It shall advise the Secretary on matters pertaining to geology and mineral

resources exploration, development, utilization and conservation and shall:

(1) Recommend policies, regulations or programs pertaining to mineral

resources development and geology;

(2) Advise the Secretary on the granting of mining rights and contracts over
areas containing metallic and non-metallic mineral resources;

(3) Advise the Regional Offices on the effective implementation of mineral

development and conservation programs as well as geological surveys;

(4) Recommend policies, regulations and oversee the development and

exploitation of mineral resources of the sea within the country’s jurisdiction
such as silica sand, gold placer, magnetic and chromite sand, etc;

(5) Assist in the monitoring and evaluation of the Bureau’s programs and
projects to ensure efficiency and effectiveness thereof;

(6) Develop and promulgate standards and operating procedures on mineral

resources development and geology;

(7) Supervise and control the development and packaging of nationally

applicable technologies on geological survey, mineral resource assessment,
mining and metallurgy; the provision of geological, metallurgical, chemical
and rock mechanics laboratory services; the conduct of marine geological
and geophysical survey and natural exploration drilling programs; and

(8) Perform such other functions as may be provided by law or assigned by

the Secretary.

SECTION 17. Environmental Management Bureau.—The Environmental

Management Bureau, to be headed by a Director who shall be assisted by an
Assistant Director shall, subject to the provisions of this Code relative to the
Pollution Adjudication Board, absorb and integrate the powers and functions
of the National Environmental Protection Council, the National Pollution
Control Commission, and the Environmental Center of the Philippines which
are hereby abolished.
It shall advise the Secretary on matters relating to environmental
management, conservation, and pollution control, and shall:

(1) Recommend possible legislation, policies and programs for environmental

management and pollution control;

(2) Advise the Regional Offices in the efficient and effective implementation
of policies, programs, and projects for the effective and efficient
environmental management and pollution control;

(3) Formulate environmental quality standards such as the quality standards

for water, air, land, noise and radiations;

(4) Recommend rules and regulations for environmental impact assessments

and provide technical assistance for their implementation and monitoring;

(5) Formulate rules and regulations for the proper disposition of solid wastes,
toxic and hazardous substances;

(6) Advise the Secretary on the legal aspects of environmental management

and pollution control and assist in the conduct of public hearings in pollution
cases;

(7) Provide secretariat assistance to the Pollution Adjudication Board;

(8) Coordinate the inter-agency committees that may be created for the
preparation of the State of the Philippine Environment Report and the
National Conservation Strategy;

(9) Provide assistance to the Regional Offices in the formulation and

dissemination of information on environmental and pollution matters to the
general public;

(10) Assist the Secretary and the Regional Officers by providing technical
assistance in the implementation of environmental and pollution laws; and

(11) Provide scientific assistance to the Regional Offices in the conduct of

environmental research programs.

SECTION 18. Ecosystems Research and Development Bureau.—The

Ecosystems Research and Development Bureau, to be headed by a Director
and assisted by an Assistant Director, shall absorb the powers and functions
of the Forest Research Institute and the National Mangrove Committee,
which are hereby abolished.

It shall:
(1) Formulate and recommend an integrated research program relating to
Philippine ecosystems and natural resources such as minerals, lands, forests,
as holistic and interdisciplinary fields of inquiry;

(2) Assist the Secretary in determining a system of priorities for the

allocation of resources to various technological research programs of the
department;

(3) Provide technical assistance in the implementation and monitoring of the

aforementioned research programs;

(4) Generate technologies and provide scientific assistance in the research

and development of technologies relevant to the sustainable uses of
Philippine ecosystems and natural resources; and

(5) Assist the Secretary in the evaluation of the effectiveness of the

implementation of the integrated research program.

The Ecosystems Research and Development Bureau shall directly manage

and administer the Forest Research Institute Research Offices, laboratories,
and forest experiment stations located at UP Los Baños and such other field
laboratories as the Secretary may assign to its direct supervision. The
Bureau shall coordinate all technological researches undertaken by the field
offices, assess and translate all recommendable findings and disseminate
such findings for all possible users and clientele.

SECTION 19. Protected Areas and Wildlife Bureau.—The Protected Areas

and Wildlife Bureau, to be headed by a Director and assisted by an Assistant
Director, shall absorb the Division of Parks and Wildlife and the Marine Parks
Program of the Bureau of Forest Development as well as the Calauit Game
Preserve and Wildlife Sanctuary, Presidential Committee on the Conservation
of Tamaraw, Ninoy Aquino Parks and Wildlife Center (formerly Parks and
Wildlife Nature Center), shares in Kabuhayan Program and Agro Forestry
State Projects of the KKK Processing Authority, all national parks, wildlife
sanctuaries and game preserves previously managed and administered by
the Ministry of Human Settlements including National Parks Reservation
situated in the provinces of Bulacan, Rizal, Laguna and Quezon formerly
declared as Bagong Lipunan Sites of said Ministry, Magat Forest Reservation
and Mt. Arayat National Park, formerly with the Ministry of Tourism.

The Bureau shall:

(1) Formulate and recommend policies, guidelines, rules and regulations for
the establishment and management of an Integrated Protected Areas
Systems such as national parks, wildlife sanctuaries and refuge, marine
parks, and biospheric reserves;
(2) Formulate and recommend policies, guidelines, rules and regulations for
the preservation of biological diversity, genetic resources, the endangered
Philippine flora and fauna;

(3) Prepare an up-to-date listing of endangered flora and fauna and

recommend a program of conservation and propagation of the same;

(4) Assist the Secretary in the monitoring and assessment of the

management of the Integrated Protected Areas System and provide
technical assistance to the Regional Offices in the implementation of
programs for these areas; and

(5) Perform such other functions as may be provided by law or assigned by

the Secretary.

CHAPTER 4

The Department Field Offices

SECTION 20. Field Offices of the Department.—The field offices of the

Department are the Environmental and Natural Resources Regional Offices in
the thirteen (13) administrative regions of the country; the Environment and
Natural Resources Provincial Office in every province, and the Community
Office in every municipality, whenever deemed necessary.

SECTION 21. Environment and Natural Resources Regional Office.—A

Regional Office shall be directly under the supervision and control of the
Undersecretary for Field Operations and shall be headed by a Regional
Executive Director (with the rank of Regional Director) who shall be assisted
by five (5) Assistant Regional Technical Directors, (with the rank of Assistant
Regional Director), one (1) each for Forestry, for Lands Management, for
Mines and Geo-Sciences, Environmental Management and Ecosystems
Research, respectively, and who shall be Career Executive Service Officers.

An Environment and Natural Resources Regional Office shall be located in

the identified regional capital and shall have the following functions:

(1) Implement laws, policies, plans, programs, projects, rules and regulations
of the Department to promote the sustainability and productivity of natural
resources, social equity in natural resource utilization and environmental
protection;

(2) Provide efficient and effective delivery of services to the people;

(3) Coordinate with regional offices of other departments, offices, agencies in
the region and local government units in the enforcement of natural resource
conservation laws and regulations, and in the formulation/implementation of
natural resource programs and projects;

(4) Recommend and, upon approval, implement programs and projects on

forestry, minerals, and land management and disposition;

(5) Conduct a comprehensive inventory of natural resources in the region

and formulate regional short and long-term development plans for the
conservation, utilization and replacement of natural resources;

(6) Evolve respective regional budget in conformity with the priorities

established by the Regional Development Councils;

(7) Supervise the processing of natural resources products, grade and

inspect minerals, lumber and other wood processed products, and monitor
the movement of these products;

(8) Conduct field researches for appropriate technologies recommended for

various projects; and

(9) Perform such other functions as may be provided by law or assigned by

the Secretary.

SECTION 22. Provincial and Community Offices.—The Natural resources

provincial and community offices shall each be headed by a provincial
natural resource officer and community natural resource officer, respectively.
They shall take over the functions of the district offices of the former Bureau
of Forest Development, Bureau of Lands, and Bureau of Mines and Geo-
Sciences.