Pharmaceutical and Health Care Association of the Philippines v Duque III

Facts:

Petition for certiorari seeking to nullify the Revised Implementing Rules and Regulations (RIRR) of E.O. 51 (Milk Code).
Petitioner claims that the RIRR is not valid as it contains provisions that are not constitutional and go beyond what it is
supposed to implement. Milk Code was issued by President Cory Aquino under the Freedom Constitution on
Oct.1986. One of the preambular clauses of the Milk Code states that the law seeks to give effect to Art 11 of the Int’l
Code of Marketing and Breastmilk Substitutes(ICBMS), a code adopted by the World Health Assembly(WHA). From 1982-
2006, The WHA also adopted severe resolutions to the effect that breastfeeding should be supported, hence, it should
be ensured that nutrition and health claims are not permitted for breastmilk substitutes. In 2006, the DOH issued the
assailed RIRR.

Issue:
Sub-Issue: W/N the pertinent int’l agreements entered into by the Phil are part of the law of the land and may be
implemented by DOH through the RIRR. If yes, W/N the RIRR is in accord with int’l agreements

MAIN: W/N the DOH acted w/o or in excess of their jurisdiction, or with grave abuse of discretion amounting to lack of
excess of jurisdiction and in violation of the Constitution by promulgating the RIRR.

Held:

Sub-issue:

Yes for ICBMS. Under 1987 Consti, int’l law can become domestic law by transformation (thru constitutional mechanism
such as local legislation) or incorporation (mere constitutional declaration i.e treaties) The ICBMS and WHA resolutions
were not treaties as they have not been concurred by 2/3 of all members of the Senate as required under Sec, 21, Art 8.
However, the ICBMS had been transformed into domestic law through a local legislation such as the Milk Code. The Milk
Code is almost a verbatim reproduction of ICBMS.

No for WHA Resolutions. The Court ruled that DOH failed to establish that the provisions pertinent WHA resolutions are
customary int’l law that may be deemed part of the law of the land. For an int’l rule to be considered as customary law,
it must be established that such rule is being followed by states because they consider it as obligatory to comply with
such rules (opinion juris). The WHO resolutions, although signed by most of the member states, were enforced or
practiced by at least a majority of member states. Unlike the ICBMS whereby legislature enacted most of the provisions
into the law via the Milk Code, the WHA Resolutions (specifically providing for exclusive breastfeeding from 0-6 months,
breastfeeding up to 24 Months and absolutely prohibiting ads for breastmilk substitutes) have not been adopted as
domestic law nor are they followed in our country as well. The Filipinos have the option of how to take care of their
babies as they see fit. WHA Resolutions may be classified as SOFT LAW – non-binding norms, principles and practices
that influence state behavior. Soft law is not part of int’l l

Main issue:

Yes. Some parts of the RIRR were not in consonance with the Milk Code such as Sec. 4(f) ->advertising, promotions of
formula are prohibited,

Sec 11 -> prohibitions for advertising breastmilk substitutes intended for infants and young children uo to 24 months

And Sec 46 -> sanctions for advertising .

These provisions are declared null and void. The DOH and respondents are prohibited from implementing said
provisions.

J UN 37/7.

The World Charter for Nature (adopted by a vote of 111 in favour, 1 against (USA) and 18 abstentions) seeks to have its
guiding principles given effect through national legislation and international practice (Articles 14 and 22). These
principles include: respect for nature (Article 1); safeguarding of habitats necessary to maintain sufficient population
levels for the survival of all life forms (Article 2); protection of unique areas, representative samples of all ecosystems,
and of habitats of rare or endangered species (Article 3); and the utilisation of man's environment so as to maintain
‘optimal sustainable productivity’ while maintaining the integrity of all ecosystems and species (Article 4).

In order to realise these principles, the Charter sets out several specific requirements, including, taking into account the
effects of economic development on natural resources and the environment (Article 6–9); not wasting natural resources
(Article 10); controlling activities which risk harming nature by using ‘best available technologies’, avoiding high risk
activity, and restoring degraded areas (Article 11); and avoiding discharging pollutants (Article 12). To further implement
the Charter's objectives, States are also required to take the following action: disseminate information on nature (Article
15); encourage public consultation and participation in all planning decisions (Article 16); provide funding for the
conservation of nature (Article 17); and make available remedies for harm to a person's environment (Article 23).

K. RIO DECLARATION
L. UN CLIMATE CHANGE-Rio Earth Summit.

The main purposes of this protocol was to

 Provide mandatory targets on greenhouse-gas emissions for the world's leading economies all of whom
accepted it at the time;

M. KYOTO PROTOCOL

The Protocol obliges industrialized countries and countries of the former Soviet bloc to cut their emissions of
greenhouse gases. Based on UNFCC.

N. Agreement to control pollution of the sea by dumping and to encourage regional agreements supplementary to the
Convention. It covers the deliberate disposal at sea of wastes or other matter from vessels, aircraft, and platforms. It
does not cover discharges from land-based sources such as pipes and outfalls, wastes generated incidental to normal
operation of vessels, or placement of materials for purposes other than mere disposal, providing such disposal is not
contrary to aims of the Convention.

O. The aim of the Convention is to ensure the proper identification, protection, conservation and presentation of
cultural and natural heritage with 'outstanding universal value to all mankind'.The Convention established a World
Heritage List, which includes properties exhibiting cultural and/or natural heritage of ‘outstanding universal value’ and
meeting at least one of a set of World Heritage criteria.

P. Its aim is to ensure that international trade in specimens of wild animals and plants does not threaten their survival.

Q. To maintain essential ecological processes and life-support systems, to preserve genetic diversity, and to ensure the
sustainable utilisation of living resources. Chapter II of the Agreement provides for the conservation of species and
ecosystems through extensive management measures. Chapter II deals with species genetic diversity (art. 3), sustainable
use of species (art. 4), endangered and endemic species (art. 5), vegetation cover and forest and endemic species (art.
5), vegetation cover and forest (art. 9). Chapter III of the Agreement relates to the conservation of ecological processes
with a view to maintaining their proper functioning. Articles 10 and 11 concern the reduction, prevention and control of
environmental degradation and pollution. Chapter IV provides for environmental planning measures with a view to
integrating natural resources conservation into the land use process. Articles of chapter IV deal with land use planning
(art. 12), establishment of protected areas (art. 13), and impact assessments (art. 14). Chapter V concerns national
supporting measures which consist in, inter alia, promoting education, information and participation of the public in the
planning and implementation of conservation measures, and in training scientific and technical personnel (art. 16).
Chapter VI provides for international co-operation between the Parties through, inter alia, the co-ordination of their
activities in the field of conservation of nature and management of natural resources, especially when these are shared
(art. 18 and 19). Parties recognise their international responsibility in regards of transfrontier environmental effects and
undertake to avoid and reduce adverse environmental effects of activities under their jurisdiction (art. 20). Institutional
mechanisms: Meetings of the Contracting Parties, provided in article 21, are to be held in as far as possible in
conjunction with appropriate meetings of the Association of Southeast Asian Nations (ASEAN). A Secretariat is to be
designated by the Contracting Parties on the coming into force of the Agreement (art. 22).

R. Principles of Forest Management stated that forests, with their complex ecology, are essential to economic
development and the maintenance of all forms of life. Forests provide wood, food, and medicine and contain a biological
diversity as yet not fully uncovered. They also act as reservoirs (sinks) for carbon dioxide, a greenhouse gas released into
the atmosphere by human processes, which may be contributing towards global warming. As well as the scientific
benefits of forests, they also provide a home to wildlifeand fulfil our cultural and spiritual needs.The Principles of Forest
Management assert the right of nations to profit from their own forest resources, but recommend that this should occur
within a framework of forest protection, management and conservation.

S. he Vienna Convention on Civil Liability aims at harmonizing the national law of the Contracting Parties by establishing
some minimum standards to provide financial protection against damage resulting from certain peaceful uses of nuclear
energy. The Convention is designed to ensure that all Contracting Parties have laws and regulations in place conforming
to the legal regime for civil liability for nuclear damage provided for in the Convention. The legal regime provided for in
the Convention is based on the following general principles:

 exclusive liability of the operator of the nuclear installation concerned;

 "absolute" or "strict" liability, so that the injured party is not required to prove fault or negligence on the part of
the operator;

 minimum amount of liability;

 obligation for the operator to cover liability through insurance or other financial security;

 limitation of liability in time;

 equal treatment of victims, irrespective of nationality, domicile or residence, provided that damage is suffered
within the geographical scope of the Convention;
  exclusive jurisdictional competence of the courts of the Contracting Party in whose territory the incident occurs
or, in case of an incident outside the territories of Contracting Parties (in the course of transport of nuclear
material), of the Contracting Party in whose territory the liable operator’s installation is situated);

 recognition and enforcement of final judgements rendered by the competent court in all Contracting Parties.

T. The Treaty requires Parties to prohibit, prevent, and abstain from carrying out nuclear weapons tests or any other
nuclear explosions in the atmosphere, in outer space, under water, or in any other environment if such explosions cause
radioactive debris to be present outside the territorial limits of the State that conducts an explosion; to refrain from
causing, encouraging, or in any way participating in, the carrying out of any nuclear weapon test explosion, or any other
nuclear explosion, anywhere which would take place in any of the above-described environments.

U. Article 35 bans weapons that "cause superfluous injury or unnecessary suffering," as well as means of warfare that
"cause widespread, long-term, and severe damage to the natural environment."

V. The Bank2 requires environmental assessment (EA) of projects proposed for Bank financing to help ensure that they
are environmentally sound and sustainable, and thus to improve decision making. The Bank undertakes environmental
screening of each proposed project to determine the appropriate extent and type of EA. The Bank classifies the
proposed project into one of four categories, depending on the type, location, sensitivity, and scale of the project and
the nature and magnitude of its potential environmental impacts. (a) Category A: A proposed project is classified as
Category A if it is likely to have significant adverse environmental impacts that are sensitive,12 diverse, or
unprecedented. These impacts may affect an area broader than the sites or facilities subject to physical works. EA for a
Category A project examines the project's potential negative and positive environmental impacts, compares them with
those of feasible alternatives (including the "without project" situation), and recommends any measures needed to
prevent, minimize, mitigate, or compensate for adverse impacts and improve environmental performance. For a
Category A project, the borrower is responsible for preparing a report, normally an EIA (or a suitably comprehensive
regional or sectoral EA) that includes, as necessary, elements of the other instruments referred to in para. 7. (b)
Category B: A proposed project is classified as Category B if its potential adverse environmental impacts on human
populations or environmentally important areas--including wetlands, forests, grasslands, and other natural habitats--are
less adverse than those of Category A projects. These impacts are site-specific; few if any of them are irreversible; and in
most cases mitigatory measures can be designed more readily than for Category A projects

W. The Code is shaped and modeled on the Basel Convention and uses fundamental principles such as, prior notification
and consent, state consistency with international safety standards and the possible prohibition of transboundary
movements. Consent is also a fundamental principle, the Code provides that the sovereignty of every state allows the
prohibition of the movement of radioactive waste into, from or through its territory. Additionally, any international
transboundary movement of radioactive waste should only take place with the prior notification and consent of the
sending, receiving and transit States .

X. 1.1 The objectives of this Code are to establish voluntary standards of conduct for all public and private entities
engaged in or associated with the distribution and use of pesticides, particularly where there is inadequate or no
national legislation to regulate pesticides.

1.2 The Code is designed for use within the context of national legislation as a basis whereby government authorities,
pesticide manufacturers, those engaged in trade and any citizens concerned may judge whether their proposed actions
and the actions of others constitute acceptable practices.

1.3 The Code describes the shared responsibility of many sectors of society to work together so that the benefits to be
derived from the necessary and acceptable use of pesticides are achieved without significant adverse effects on human
health or the environment. To this end, all references in this Code to a government or governments shall be deemed to
apply equally to regional groupings of governments for matters falling within their areas of competence.

1.4 The Code addresses the need for a cooperative effort between governments of pesticide exporting and importing
countries to promote practices that minimize potential health and environmental risks associated with pesticides, while
ensuring their effective use.

Y. The WTO deals with regulation of trade in goods, services and intellectual property between participating countries
by providing a framework for negotiating trade agreements and a dispute resolution process aimed at enforcing
participants' adherence to WTO agreements, which are signed by representatives of member governments[7]:fol.9–10 and
ratified by their parliaments.[8] The WTO prohibits discrimination between trading partners, but provides exceptions for
environmental protection, national security, and other important goals.[9] Trade-related disputes are resolved by
independent judges at the WTO through a dispute resolution process.

Z. Under the Paris Agreement, each country shall determine, plan, and regularly report on the contribution that it
undertakes to make in order to mitigate global warming.
Constitutional policy and framework on environmental protection

1.As Human Rights Concern

Article 2,section 6-The separation of Church and State shall be inviolable.

Article 3, section 1-No person shall be deprived of life, liberty, or property without due process of law, nor shall any
person be denied the equal protection of the laws.

2.As resource allocation concern

Article 12, section 2 to 4- Section 2. REGALIAN DOCTRINE. All lands of the public domain, waters, minerals, coal,
petroleum, and other mineral oils, all forces of potential energy, fisheries, forests or timber, wildlife, flora and fauna,
and other natural resources are owned by the State. With the exception of agricultural lands, all other natural
resources shall not be alienated. The exploration, development, and utilization of natural resources shall be under the
full control and supervision of the State.

Distinction between Imperium and Dominium.

1. Imperium

Government authority possessed by the State which is appropriately embraced in sovereignty.

2. Dominium

1. The capacity of the State to own and acquire property.

2. It refers to lands held by the government in a proprietary character: can provide for the exploitation and use of
lands and other natural resources.

Scope:

The following are owned by the State:

1. Lands of the public domain:

Waters

Minerals, coals, petroleum, and other mineral oils;

All sources of potential energy;

Fisheries;

Forests or timber;

Wildlife;

Flora and fauna; and

Other natural resources.

Alienation of Natural Resources

1. General Rule: All natural resources CANNOT be alienated

2. Exception: Agricultural lands

Exploration, Development and Utilization of Natural Resources

1. Shall be under the full control and supervision of the State

2. Means

A. The state may DIRECTLY UNDERTAKE such activities

B. The state may enter into CO-PRODUCTION, JOINT VENTURE OR PRODUCTION-SHARING arrangements with

1. Filipino citizen or

2. Corporation or association at least 60% of whose capital is owned by such citizens

3. Limitations:

A. Period: It should not exceed 25 years, renewable for not more than 25 years

B. Under terms and conditions as may be provided by law.

4. In case of water rights/water supply/fisheries/industrial uses other than the development of water power

The beneficial use may be the measure and limit of the grant.
Small-scale Utilization of Natural Resources

1. Congress may, by law, authorize small-scale utilization of natural resources by Filipino citizens

2. Congress may also authorize cooperative fish farming with priority given to subsistence fishermen and fishworkers in
the rivers, lakes, bays and lagoons.

Large-Scale Exploration, Development and Utilization of Minerals/Petroleum/Other Mineral Oils

1. The President may enter into agreements with foreign owned corporations involving technical or financial assistance
for large-scale exploration etc. of minerals, petroleum, and other mineral oils. These agreements should be in
accordance with the general terms and conditions provided by law.

2. They should be based on the real contributions to economic growth and general welfare of the country.

3. In the agreements, the State should promote the development and use of local scientific and technical resources.

4. The President should notify Congress of every contract under this provision within 30 days from its execution.

5. Management and service contracts are not allowed under this rule.

Protection of Marine Wealth

1. The State shall protect its marine wealth in its

Archipelagic waters

Territorial sea &

EEZ

2. The State shall reserve its use and enjoyment exclusively to Filipino citizens.

Section 3. LANDS OF THE PUBLIC DOMAIN ARE CLASSIFIED INTO

1. Agricultural

2. Forest/timber

3. Mineral lands &

4. National Parks

Note:

1. Classification of public lands is an exclusive prerogative of the Executive Department through the Office of the
President, upon recommendation by the DENR.

2. Classification is descriptive of the legal nature of the land and NOT what it looks like. Thus, the fact that forest land is
denuded does not mean it is no longer forest land.

Alienable lands of public domain

1. Only agricultural lands are alienable.

2. Agricultural lands may be further classified by law according to the uses to which they may be devoted.

Limitations regarding Alienable Lands of the Public Domain

1. For private corporations or associations

A. They can only hold alienable lands of the public domain BY LEASE

B. Period: Cannot exceed 25 years, renewable for not more than 25 years

C. Area: Lease cannot exceed 1,000 hectares

Note: A corporation sole is treated like other private corporations for the purpose of acquiring public lands.

2. For Filipino citizens

A. Can lease up to 500 hectares

B. Can ACQUIRE not more than 12 hectares by purchase, homestead or grant.

Taking into account the requirements of conservation, ecology and development, and subject to the requirements of
agrarian reform, Congress shall determine by law the size of the lands of the public domain which may be acquired,
developed, held or lease and the conditions therefore.

Means by Which Lands of the Public Domain Become Private Land

1. Acquired from government by purchase or grant;

2. Uninterrupted possession by the occupant and his predecessors-in-interest since time immemorial; and

3. Open, exclusive, and undisputed possession of ALIENABLE (agricultural) public land for a period of 30 years.

A. Upon completion of the requisite period, the land becomes private property ipso jure without need of any judicial or
other sanction.

B. Here, in possession since time immemorial, presumption is that the land was never part of public domain.

C. In computing 30 years, start from when land was converted to alienable land, not when it was still forest land

D. Presumption is that land belongs to the State.

Section 4. Congress shall, as soon as possible, determine by law, the specific limits of forest lands and national parks,
marking clearly their boundaries on the ground. Thereafter, such forest lands and national parks shall be conserved
and may not be increased or diminished, EXCEPT by law. Congress shall provide measures to prohibit logging in

1. a. Endangered forest and

2. b. Watershed areas for such period as it may determine.

3 As social justice concern

Article 2,sec 14- The State recognizes the role of women in nation-building, and shall ensure the fundamental equality
before the law of women and men.

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

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

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

Article 12, sec.2,par. 3,sec 5-6- The Congress may, by law, allow small-scale utilization of natural resources by Filipino
citizens, as well as cooperative fish farming, with priority to subsistence fishermen and fish workers in rivers, lakes, bays,
and lagoons.

Section 5. The State, subject to the provisions of this Constitution and national development policies and programs, shall
protect the rights of indigenous cultural communities to their ancestral lands to ensure their economic, social, and
cultural well-being.

The Congress may provide for the applicability of customary laws governing property rights or relations in determining
the ownership and extent of ancestral domain.

Section 6. The use of property bears a social function, and all economic agents shall contribute to the common good.
Individuals and private groups, including corporations, cooperatives, and similar collective organizations, shall have the
right to own, establish, and operate economic enterprises, subject to the duty of the State to promote distributive
justice and to intervene when the common good so demands.

Article 13,Section 4. The State shall, by law, undertake an agrarian reform program founded on the right of farmers and
regular farmworkers who are landless, to own directly or collectively the lands they till or, in the case of other
farmworkers, to receive a just share of the fruits thereof. To this end, the State shall encourage and undertake the just
distribution of all agricultural lands, subject to such priorities and reasonable retention limits as the Congress may
prescribe, taking into account ecological, developmental, or equity considerations, and subject to the payment of just
compensation. In determining retention limits, the State shall respect the right of small landowners. The State shall
further provide incentives for voluntary land-sharing.

Section 7. The State shall protect the rights of subsistence fishermen, especially of local communities, to the preferential
use of the communal marine and fishing resources, both inland and offshore. It shall provide support to such fishermen
through appropriate technology and research, adequate financial, production, and marketing assistance, and other
services. The State shall also protect, develop, and conserve such resources. The protection shall extend to offshore
fishing grounds of subsistence fishermen against foreign intrusion. Fishworkers shall receive a just share from their labor
in the utilization of marine and fishing resources.

Section 14. The State shall protect working women by providing safe and healthful working conditions, taking into
account their maternal functions, and such facilities and opportunities that will enhance their welfare and enable them
to realize their full potential in the service of the nation.

Section 15. The State shall respect the role of independent people's organizations to enable the people to pursue and
protect, within the democratic framework, their legitimate and collective interests and aspirations through peaceful and
lawful means.
People's organizations are bona fide associations of citizens with demonstrated capacity to promote the public interest
and with identifiable leadership, membership, and structure.

Section 16. The right of the people and their organizations to effective and reasonable participation at all levels of social,
political, and economic decision-making shall not be abridged. The State shall, by law, facilitate the establishment of
adequate consultation mechanisms.

PRESIDENTIAL DECREE No. 1151

PHILIPPINE ENVIRONMENTAL POLICY

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

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

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

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

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

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

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

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

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

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

(c) alternative to the proposed action;

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

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

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

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

Section 6. Repealing Clause. All Acts, Presidential Decrees, executive orders, rules and regulations or parts thereof which
are inconsistent with the provisions of this Decree are hereby repealed, amended or modified accordingly.
Section 7. Effectivity. This Decree shall take effect immediately.

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

CLASSIFICATION OF PHILIPPINE ENVIRONMENTL LAWS

*TERRESTIAL LAWS

ACT NO. 3572 – AN ACT TO PROHIBIT THE CUTTING OF TINDALO, AKLE, OR MOLAVE TREES, UNDER CERTAIN
CONDITIONS, AND TO PENALIZE VIOLATIONS THEREOF

Be it enacted by the Senate and House of Representative of the Philippines in Legislature assembled and by the
authority of the same:

Section 1. The cutting in the public forests of tindalo, akle, or molave trees less than sixty centimeters in diameter
measured at a height of four feet from the ground (breast high) is hereby prohibited.

Sec. 2. Any person, company, or corporation violating the provisions of this Act shall be punished by a fine of not more
than fifty pesos or imprisonment for not more than fifteen days, or both, and to pay, besides, two times the amount of
the tax on the timber cut: Provided, That in the case of a company or corporation, the president or manager shall be
directly responsible for the acts of his employees or laborers if it is proven that the latter acted with his knowledge;
otherwise the responsibility will extend only as far as fine is concerned: Provided, further, That all tindalo, akle or
molave timber cut in violation of this Act shall be forfeited to the Government.

Sec. 3. All acts and provisions of law inconsistent herewith are hereby repealed.

Sec. 4. This Act shall take effect on its approval

Approved: November 26, 1929.