Tenth Congress

Republic Act No. 8485 February 11, 1998

AN ACT TO PROMOTE ANIMAL WELFARE IN THE PHILIPPINES, OTHERWISE KNOWN AS "THE ANIMAL WELFARE ACT OF 1998"

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Section 1. It is the purpose of this Act to protect and promote the welfare of all animals in the Philippines by supervising and regulating
the establishment and operations of all facilities utilized for breeding, maintaining, keeping, treating or training of all animals either
as objects of trade or as household pets. For purposes of this Act, pet animal shall include birds.

Section 2. No person, association, partnership, corporation, cooperative or any government agency or instrumentality including slaughter
houses shall establish, maintain and operate any pet shop, kennel, veterinary clinic, veterinary hospital, stockyard, corral, stud farm
or stock farm or zoo for the breeding, treatment, sale or trading, or training of animals without first securing from the Bureau of Animal
Industry a certificate of registration therefor.

The certificate shall be issued upon proof that the facilities of such establishment for animals are adequate, clean and sanitary and
will not be used for, nor cause pain and/or suffering to the animals. The certificate shall be valid for a period of one (1) year unless
earlier cancelled for just cause before the expiration of its term by the Director of the Bureau of Animal Industry and may be renewed
from year to year upon compliance with the conditions imposed hereunder. The Bureau shall charge reasonable fees for the issuance or renewal
of such certificate.

The condition that such facilities be adequate, clean and sanitary, and that they will not be used for nor cause pain and/or suffering
to the animals is a continuing requirement for the operation of these establishments. The Bureau may revoke or cancel such certificate
of registration for failure to observe these conditions and other just causes.

Section 3. The Director of the Bureau of Animal Industry shall supervise and regulate the establishment, operation and maintenance of
pet shops, kennels, veterinary clinics, veterinary hospitals, stockyards, corrals, stud farms and zoos and any other form or structure
for the confinement of animals where they are bred, treated, maintained, or kept either for sale or trade or for training as well as the
transport of such animals in any form of public or private transportation facility in order to provide maximum comfort while in transit
and minimize, if not totally eradicate, incidence of sickness and death and prevent any cruelty from being inflicted upon the animals.

The Director may call upon any government agency for assistance consistent with its powers, duties, and responsibilities for the purpose
of ensuring the effective and efficient implementation of this Act and the rules and regulations promulgated thereunder.

It shall be the duty of such government agency to assist said Director when called upon for assistance using any available fund in its
budget for the purpose.

Section 4. It shall be the duty of any owner or operator of any land, air or water public utility transporting pet, wildlife and all
other animals to provide in all cases adequate, clean and sanitary facilities for the safe conveyance and delivery thereof to their consignee
at the place of consignment. They shall provide sufficient food and water for such animals while in transit for more than twelve (12)
hours or whenever necessary.

No public utility shall transport any such animal without a written permit from the Director of the Bureau of Animal Industry or his/her
authorized representative. No cruel confinement or restraint shall be made on such animals while being transported.

Any form of cruelty shall be penalized even if the transporter has obtained a permit from the Bureau of Animal Industry. Cruelty in
transporting includes overcrowding, placing of animals in the trunks or under the hood trunks of the vehicles.

Section 5. There is hereby created a Committee on Animal Welfare attached to the Department of Agriculture which shall, subject to the
approval of the Secretary of the Department of Agriculture, issue the necessary rules and regulations for the strict implementation of
the provisions of this Act, including the setting of safety and sanitary standards, within thirty (30) calendar days following its approval.
Such guidelines shall be reviewed by the Committee every three (3) years from its implementation or whenever necessary.

The Committee shall be composed of the official representatives of the following:

(1) The Department of Interior and Local Government (DILG);

(2) Department of Education, Culture and Sports (DECS);

(3) Bureau of Animal Industry (BAI) of the Department of Agriculture (DA);

(4) Protected Areas and Wildlife Bureau (PAWB) of the Department of Environment and Natural Resources (DENR);

(5) National Meat Inspection Commission (NMIC) of the DA;

(6) Agriculture Training Institute (ATI) of the DA;

(7) Philippine Veterinary Medical Association (PVMA);

(8) Veterinary Practitioners Association of the Philippines (VPAP);

(9) Philippine Animal Hospital Association of the Philippines (PAHA);

(10) Philippine Animal Welfare Society (PAWS);

(11) Philippine Society for the Prevention of Cruelty to Animals (PSPCA);

(12) Philippine Society of Swine Practitioners (PSSP);

(13) Philippine College of Canine Practitioners (PCCP); and

(14) Philippine Society of Animal Science (PSAS).

The Committee shall be chaired by a representative coming from the private sector and shall have two (2) vice-chairpersons composed of
the representative of the BAI and another from the private sector.

The Committee shall meet quarterly or as often as the need arises. The Committee members shall not receive any compensation but may receive
reasonable honoraria from time to time.

Section 6. It shall be unlawful for any person to torture any animal, to neglect to provide adequate care, sustenance or shelter, or
maltreat any animal or to subject any dog or horse to dogfights or horsefights, kill or cause or procure to be tortured or deprived of
adequate care, sustenance or shelter, or maltreat or use the same in research or experiments not expressly authorized by the Committee
on Animal Welfare.

The killing of any animal other than cattle pigs, goats, sheep, poultry, rabbits, carabaos, horses, deer and crocodiles is likewise hereby
declared unlawful except in the following instances:

(1) When it is done as part of the religious rituals of an established religion or sect or a ritual required by tribal or ethnic custom
of indigenous cultural communities; however, leaders shall keep records in cooperation with the Committee on Animal Welfare;

(2) When the pet animal is afflicted with an incurable communicable disease as determined and certified by a duly licensed veterinarian;

(3) When the killing is deemed necessary to put an end to the misery suffered by the animal as determined and certified by a duly licensed
veterinarian;

(4) When it is done to prevent an imminent danger to the life or limb of a human being;

(5) When done for the purpose of animal population control;

(6) When the animal is killed after it has been used in authorized research or experiments; and

(7) Any other ground analogous to the foregoing as determined and certified licensed veterinarian.
 In all the above mentioned cases, including those of cattle, pigs, goats, sheep, poultry, rabbits, carabaos, horses, deer and crocodiles
the killing of the animals shall be done through humane procedures at all times.

For this purpose, humane procedures shall mean the use of the most scientific methods available as may be determined and approved by the
committee.

Only those procedures approved by the Committee shall be used in the killing of animals.

Section 7. It shall be the duty of every person to protect the natural habitat of the wildlife. The destruction of said habitat shall
be considered as a form of cruelty to animals and its preservation is a way of protecting the animals.

Section 8. Any person who violates any of the provisions of this Act shall, upon conviction by final judgment, be punished by imprisonment
of not less than six (6) months nor more than two (2) years or a fine of not less than One thousand pesos (P1,000.00) nor more than Five
thousand pesos (P5,000.00) or both at the discretion of the Court. If the violation is committed by a juridical person, the officer responsible
therefor shall serve the imprisonment when imposed. If the violation is committed by an alien, he or she shall be immediately deported
after service of sentence without any further proceedings.

Section 9. All laws, acts, decrees, executive orders, rules and regulations inconsistent with the provisions of this Act are hereby
repealed or modified accordingly.

Section 10. This Act shall take effect fifteen (15) days after its publication in at least two (2) newspapers of general circulation.

Approved: February 11, 1998

The Lawphil Project - Arellano Law Foundation

Republic of the Philippines

Congress of the Philippines

Metro Manila

REPUBLIC ACT NO. 8371

AN ACT TO RECOGNIZE, PROTECT AND PROMOTE THE RIGHTS OF INDIGENOUS CULTURAL COMMUNITIES/INDIGENOUS PEOPLES, CREATING A
NATIONAL COMMISSION ON INDIGENOUS PEOPLES, ESTABLISHING IMPLEMENTING MECHANISMS, APPROPRIATING FUNDS THEREFOR, AND FOR
OTHER PURPOSES

CHAPTER I

General Provisions

SECTION 1. Short Title. — This Act shall be known as “The Indigenous Peoples’ Rights Act of 1997”.

SECTION 2. Declaration of State Policies. — The State shall recognize and promote all the rights of Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs) hereunder
enumerated within the framework of the Constitution:

a) The State shall recognize and promote the rights of ICCs/IPs within the framework of national unity and development;

b) The State shall protect the rights of ICCs/IPs to their ancestral domains to ensure their economic, social and cultural well being and shall recognize the applicability of customary
laws governing property rights or relations in determining the ownership and extent of ancestral domain;

c) The State shall recognize, respect and protect the rights of ICCs/IPs to preserve and develop their cultures, traditions and institutions. It shall consider these rights in the
formulation of national laws and policies;
d) The State shall guarantee that members of the ICCs/IPs regardless of sex, shall equally enjoy the full measure of human rights and freedoms without distinction or discrimination;

e) The State shall take measures, with the participation of the ICCs/IPs concerned, to protect their rights and guarantee respect for their cultural integrity, and to ensure that members
of the ICCs/IPs benefit on an equal footing from the rights and opportunities which national laws and regulations grant to other members of the population; and

f) The State recognizes its obligations to respond to the strong expression of the ICCs/IPs for cultural integrity by assuring maximum ICC/IP participation in the direction of
education, health, as well as other services of ICCs/IPs, in order to render such services more responsive to the needs and desires of these communities.

Towards these ends, the State shall institute and establish the necessary mechanisms to enforce and guarantee the realization of these rights, taking into consideration their customs, traditions,
values, beliefs, interests and institutions, and to adopt and implement measures to protect their rights to their ancestral domains.

CHAPTER II

Definition of Terms

SECTION 3. Definition of Terms. — For purposes of this Act, the following terms shall mean:

a) Ancestral Domains — Subject to Section 56 hereof, refer to all areas generally belonging to ICCs/IPs comprising lands, inland waters, coastal areas, and natural resources therein,
held under a claim of ownership, occupied or possessed by ICCs/IPs, by themselves or through their ancestors, communally or individually since time immemorial, continuously to the
present except when interrupted by war, force majeure or displacement by force, deceit, stealth or as a consequence of government projects or any other voluntary dealings entered into by
government and private individuals/corporations, and which are necessary to ensure their economic, social and cultural welfare. It shall include ancestral lands, forests, pasture, residential,
agricultural, and other lands individually owned whether alienable and disposable or otherwise, hunting grounds, burial grounds, worship areas, bodies of water, mineral and other natural
resources, and lands which may no longer be exclusively occupied by ICCs/IPs but from which they traditionally had access to for their subsistence and traditional activities, particularly the
home ranges of ICCs/IPs who are still nomadic and/or shifting cultivators;

b) Ancestral Lands — Subject to Section 56 hereof, refers to land occupied, possessed and utilized by individuals, families and clans who are members of the ICCs/IPs since time
immemorial, by themselves or through their predecessors-in-interest, under claims of individual or traditional group ownership, continuously, to the present except when interrupted by war,
force majeure or displacement by force, deceit, stealth, or as a consequence of government projects and other voluntary dealings entered into by government and private
individuals/corporations, including, but not limited to, residential lots, rice terraces or paddies, private forests, swidden farms and tree lots;

c) Certificate of Ancestral Domain Title — refers to a title formally recognizing the rights of possession and ownership of ICCs/IPs over their ancestral domains identified and
delineated in accordance with this law;

d) Certificate of Ancestral Lands Title — refers to a title formally recognizing the rights of ICCs/IPs over their ancestral lands;

e) Communal Claims — refer to claims on land, resources and rights thereon, belonging to the whole community within a defined territory;

f) Customary Laws — refer to a body of written and/or unwritten rules, usages, customs and practices traditionally and continually recognized, accepted and observed by respective
ICCs/IPs;

g) Free and Prior Informed Consent — as used in this Act shall mean the consensus of all members of the ICCs/IPs to be determined in accordance with their respective customary
laws and practices, free from any external manipulation, interference and coercion, and obtained after fully disclosing the intent and scope of the activity, in a language and process
understandable to the community;

h) Indigenous Cultural Communities/Indigenous Peoples — refer to a group of people or homogenous societies identified by self-ascription and ascription by others, who have
continuously lived as organized community on communally bounded and defined territory, and who have, under claims of ownership since time immemorial, occupied, possessed and
utilized such territories, sharing common bonds of language, customs, traditions and other distinctive cultural traits, or who have, through resistance to political, social and cultural inroads of
colonization, non-indigenous religions and cultures, became historically differentiated from the majority of Filipinos. ICCs/IPs shall likewise include peoples who are regarded as indigenous
on account of their descent from the populations which inhabited the country, at the time of conquest or colonization, or at the time of inroads of non-indigenous religions and cultures, or the
establishment of present state boundaries, who retain some or all of their own social, economic, cultural and political institutions, but who may have been displaced from their traditional
domains or who may have resettled outside their ancestral domains;

i) Indigenous Political Structures — refer to organizational and cultural leadership systems, institutions, relationships, patterns and processes for decision-making and participation,
identified by ICCs/IPs such as, but not limited to, Council of Elders, Council of Timuays, Bodong Holders, or any other tribunal or body of similar nature;

j) Individual Claims — refer to claims on land and rights thereon which have been devolved to individuals, families and clans including, but not limited to, residential lots, rice
terraces or paddies and tree lots;

k) National Commission on Indigenous Peoples (NCIP) — refers to the office created under this Act, which shall be under the Office of the President, and which shall be the
primary government agency responsible for the formulation and implementation of policies, plans and programs to recognize, protect and promote the rights of ICCs/IPs;

l) Native Title — refers to pre-conquest rights to lands and domains which, as far back as memory reaches, have been held under a claim of private ownership by ICCs/IPs, have
never been public lands and are thus indisputably presumed to have been held that way since before the Spanish Conquest;

m) Nongovernment Organization — refers to a private, nonprofit voluntary organization that has been organized primarily for the delivery of various services to the ICCs/IPs and has
an established track record for effectiveness and acceptability in the community where it serves;

n) People’s Organization — refers to a private, nonprofit voluntary organization of members of an ICC/IP which is accepted as representative of such ICCs/IPs;
o) Sustainable Traditional Resource Rights — refer to the rights of ICCs/IPs to sustainably use, manage, protect and conserve a) land, air, water, and minerals; b) plants, animals and
other organisms; c) collecting, fishing and hunting grounds; d) sacred sites; and e) other areas of economic, ceremonial and aesthetic value in accordance with their indigenous knowledge,
beliefs, systems and practices; and

p) Time Immemorial — refers to a period of time when as far back as memory can go, certain ICCs/IPs are known to have occupied, possessed in the concept of owner, and utilized
a defined territory devolved to them, by operation of customary law or inherited from their ancestors, in accordance with their customs and traditions.

CHAPTER III

Rights to Ancestral Domains

SECTION 4. Concept of Ancestral Lands/Domains. — Ancestral lands/domains shall include such concepts of territories which cover not only the physical environment but the total
environment including the spiritual and cultural bonds to the areas which the ICCs/IPs possess, occupy and use and to which they have claims of ownership.

SECTION 5. Indigenous Concept of Ownership. — Indigenous concept of ownership sustains the view that ancestral domains and all resources found therein shall serve as the
material bases of their cultural integrity. The indigenous concept of ownership generally holds that ancestral domains are the ICC’s/IP’s private but community property which belongs to all
generations and therefore cannot be sold, disposed or destroyed. It likewise covers sustainable traditional resource rights.

SECTION 6. Composition of Ancestral Lands/Domains. — Ancestral lands and domains shall consist of all areas generally belonging to ICCs/IPs as referred under Sec. 3, items (a)
and (b) of this Act.

SECTION 7. Rights to Ancestral Domains. — The rights of ownership and possession of ICCs/IPs to their ancestral domains shall be recognized and protected. Such rights shall
include:

a) Right of Ownership. — The right to claim ownership over lands, bodies of water traditionally and actually occupied by ICCs/IPs, sacred places, traditional hunting and fishing
grounds, and all improvements made by them at any time within the domains;

b) Right to Develop Lands and Natural Resources. — Subject to Section 56 hereof, right to develop, control and use lands and territories traditionally occupied, owned, or used; to
manage and conserve natural resources within the territories and uphold the responsibilities for future generations; to benefit and share the profits from allocation and utilization of the natural
resources found therein; the right to negotiate the terms and conditions for the exploration of natural resources in the areas for the purpose of ensuring ecological, environmental protection
and the conservation measures, pursuant to national and customary laws; the right to an informed and intelligent participation in the formulation and implementation of any project,
government or private, that will affect or impact upon the ancestral domains and to receive just and fair compensation for any damages which they may sustain as a result of the project; and
the right to effective measures by the government to prevent any interference with, alienation and encroachment upon these rights;

c) Right to Stay in the Territories. — The right to stay in the territory and not to be removed therefrom. No ICCs/IPs will be relocated without their free and prior informed consent,
nor through any means other than eminent domain. Where relocation is considered necessary as an exceptional measure, such relocation shall take place only with the free and prior informed
consent of the ICCs/IPs concerned and whenever possible, they shall be guaranteed the right to return to their ancestral domains, as soon as the grounds for relocation cease to exist. When
such return is not possible, as determined by agreement or through appropriate procedures, ICCs/IPs shall be provided in all possible cases with lands of quality and legal status at least equal
to that of the land previously occupied by them, suitable to provide for their present needs and future development. Persons thus relocated shall likewise be fully compensated for any
resulting loss or injury;

d) Right in Case of Displacement. — In case displacement occurs as a result of natural catastrophes, the State shall endeavor to resettle the displaced ICCs/IPs in suitable areas
where they can have temporary life support systems: Provided, That the displaced ICCs/IPs shall have the right to return to their abandoned lands until such time that the normalcy and safety
of such lands shall be determined: Provided, further, That should their ancestral domain cease to exist and normalcy and safety of the previous settlements are not possible, displaced
ICCs/IPs shall enjoy security of tenure over lands to which they have been resettled: Provided, furthermore, That basic services and livelihood shall be provided to them to ensure that their
needs are adequately addressed;

e) Right to Regulate Entry of Migrants. — Right to regulate the entry of migrant settlers and organizations into the domains;

f) Right to Safe and Clean Air and Water. — For this purpose, the ICCs/IPs shall have access to integrated systems for the management of their inland waters and air space;

g) Right to Claim Parts of Reservations. — The right to claim parts of the ancestral domains which have been reserved for various purposes, except those reserved and intended for
common public welfare and service; and

h) Right to Resolve Conflict. — Right to resolve land conflicts in accordance with customary laws of the area where the land is located, and only in default thereof shall the
complaints be submitted to amicable settlement and to the Courts of Justice whenever necessary.

SECTION 8. Rights to Ancestral Lands. — The right of ownership and possession of the ICCs/IPs to their ancestral lands shall be recognized and protected.

a) Right to transfer land/property. — Such right shall include the right to transfer land or property rights to/among members of the same ICCs/IPs, subject to customary laws and
traditions of the community concerned.

b) Right to Redemption. — In cases where it is shown that the transfer of land/property rights by virtue of any agreement or devise, to a non-member of the concerned ICCs/IPs is
tainted by the vitiated consent of the ICCs/IPs, or is transferred for an unconscionable consideration or price, the transferor ICC/IP shall have the right to redeem the same within a period not
exceeding fifteen (15) years from the date of transfer.

SECTION 9. Responsibilities of ICCs/IPs to their Ancestral Domains. — ICCs/IPs occupying a duly certified ancestral domain shall have the following responsibilities:

a) Maintain Ecological Balance. — To preserve, restore, and maintain a balanced ecology in the ancestral domain by protecting the flora and fauna, watershed areas, and other
reserves;
b) Restore Denuded Areas. — To actively initiate, undertake and participate in the reforestation of denuded areas and other development programs and projects subject to just and
reasonable remuneration; and

c) Observe Laws. — To observe and comply with the provisions of this Act and the rules and regulations for its effective implementation.

SECTION 10. Unauthorized and Unlawful Intrusion. — Unauthorized and unlawful intrusion upon, or use of any portion of the ancestral domain, or any violation of the rights
hereinbefore enumerated, shall be punishable under this law. Furthermore, the Government shall take measures to prevent non-ICCs/IPs from taking advantage of the ICCs/IPs customs or
lack of understanding of laws to secure ownership, possession of land belonging to said ICCs/IPs.

SECTION 11. Recognition of Ancestral Domain Rights. — The rights of ICCs/IPs to their ancestral domains by virtue of Native Title shall be recognized and respected. Formal
recognition, when solicited by ICCs/IPs concerned, shall be embodied in a Certificate of Ancestral Domain Title (CADT), which shall recognize the title of the concerned ICCs/IPs over the
territories identified and delineated.

SECTION 12. Option to Secure Certificate of Title Under Commonwealth Act 141, as amended, or the Land Registration Act 496. — Individual members of cultural communities,
with respect to their individually-owned ancestral lands who, by themselves or through their predecessors-in-interest, have been in continuous possession and occupation of the same in the
concept of owner since time immemorial or for a period of not less than thirty (30) years immediately preceding the approval of this Act and uncontested by the members of the same
ICCs/IPs shall have the option to secure title to their ancestral lands under the provisions of Commonwealth Act 141, as amended, or the Land Registration Act 496.

For this purpose, said individually-owned ancestral lands, which are agricultural in character and actually used for agricultural, residential, pasture, and tree farming purposes, including those
with a slope of eighteen percent (18%) or more, are hereby classified as alienable and disposable agricultural lands.

The option granted under this section shall be exercised within twenty (20) years from the approval of this Act.

CHAPTER IV

Right to Self-Governance and Empowerment

SECTION 13. Self-Governance. — The State recognizes the inherent right of ICCs/IPs to self-governance and self-determination and respects the integrity of their values, practices and
institutions. Consequently, the State shall guarantee the right of ICCs/IPs to freely pursue their economic, social and cultural development.

SECTION 14. Support for Autonomous Regions. — The State shall continue to strengthen and support the autonomous regions created under the Constitution as they may require or
need. The State shall likewise encourage other ICCs/IPs not included or outside Muslim Mindanao and the Cordilleras to use the form and content of their ways of life as may be compatible
with the fundamental rights defined in the Constitution of the Republic of the Philippines and other internationally recognized human rights.

SECTION 15. Justice System, Conflict Resolution Institutions, and Peace Building Processes. — The ICCs/IPs shall have the right to use their own commonly accepted justice systems,
conflict resolution institutions, peace building processes or mechanisms and other customary laws and practices within their respective communities and as may be compatible with the
national legal system and with internationally recognized human rights.

SECTION 16. Right to Participate in Decision-Making. — ICCs/IPs have the right to participate fully, if they so choose, at all levels of decision-making in matters which may affect
their rights, lives and destinies through procedures determined by them as well as to maintain and develop their own indigenous political structures. Consequently, the State shall ensure that
the ICCs/IPs shall be given mandatory representation in policy-making bodies and other local legislative councils.

SECTION 17. Right to Determine and Decide Priorities for Development. — The ICCs/IPs shall have the right to determine and decide their own priorities for development affecting
their lives, beliefs, institutions, spiritual well-being, and the lands they own, occupy or use. They shall participate in the formulation, implementation and evaluation of policies, plans and
programs for national, regional and local development which may directly affect them.

SECTION 18. Tribal Barangays. — The ICCs/IPs living in contiguous areas or communities where they form the predominant population but which are located in municipalities,
provinces or cities where they do not constitute the majority of the population, may form or constitute a separate barangay in accordance with the Local Government Code on the creation of
tribal barangays.

SECTION 19. Role of Peoples Organizations. — The State shall recognize and respect the role of independent ICCs/IPs organizations to enable the ICCs/IPs to pursue and protect their
legitimate and collective interests and aspirations through peaceful and lawful means.

SECTION 20. Means for Development/Empowerment of ICCs/IPs. — The Government shall establish the means for the full development/empowerment of the ICCs/IPs own
institutions and initiatives and, where necessary, provide the resources needed therefor.

CHAPTER V

Social Justice and Human Rights

SECTION 21. Equal Protection and Non-discrimination of ICCs/IPs. — Consistent with the equal protection clause of the Constitution of the Republic of the Philippines, the Charter of
the United Nations, the Universal Declaration of Human Rights including the Convention on the Elimination of Discrimination Against Women and International Human Rights Law, the
State shall, with due recognition of their distinct characteristics and identity, accord to the members of the ICCs/IPs the rights, protections and privileges enjoyed by the rest of the citizenry.
It shall extend to them the same employment rights, opportunities, basic services, educational and other rights and privileges available to every member of the society. Accordingly, the State
shall likewise ensure that the employment of any form of force or coercion against ICCs/IPs shall be dealt with by law.

The State shall ensure that the fundamental human rights and freedoms as enshrined in the Constitution and relevant international instruments are guaranteed also to indigenous women.
Towards this end, no provision in this Act shall be interpreted so as to result in the diminution of rights and privileges already recognized and accorded to women under existing laws of
general application.
SECTION 22. Rights During Armed Conflict. — ICCs/IPs have the right to special protection and security in periods of armed conflict. The State shall observe international standards,
in particular, the Fourth Geneva Convention of 1949, for the protection of civilian populations in circumstances of emergency and armed conflict, and shall not recruit members of the
ICCs/IPs against their will into the armed forces, and in particular, for use against other ICCs/IPs; nor recruit children of ICCs/IPs into the armed forces under any circumstance; nor force
indigenous individuals to abandon their lands, territories and means of subsistence, or relocate them in special centers for military purposes under any discriminatory condition.

SECTION 23. Freedom from Discrimination and Right to Equal Opportunity and Treatment. — It shall be the right of the ICCs/IPs to be free from any form of discrimination, with
respect to recruitment and conditions of employment, such that they may enjoy equal opportunities for admission to employment, medical and social assistance, safety as well as other
occupationally-related benefits, informed of their rights under existing labor legislation and of means available to them for redress, not subject to any coercive recruitment systems, including
bonded labor and other forms of debt servitude; and equal treatment in employment for men and women, including the protection from sexual harassment.

Towards this end, the State shall, within the framework of national laws and regulations, and in cooperation with the ICCs/IPs concerned, adopt special measures to ensure the effective
protection with regard to the recruitment and conditions of employment of persons belonging to these communities, to the extent that they are not effectively protected by laws applicable to
workers in general.

ICCs/IPs shall have the right to association and freedom for all trade union activities and the right to conclude collective bargaining agreements with employers’ organizations. They shall
likewise have the right not to be subject to working conditions hazardous to their health, particularly through exposure to pesticides and other toxic substances.

SECTION 24. Unlawful Acts Pertaining to Employment. — It shall be unlawful for any person:

a) To discriminate against any ICC/IP with respect to the terms and conditions of employment on account of their descent. Equal remuneration shall be paid to ICC/IP and
non-ICC/IP for work of equal value; and

b) To deny any ICC/IP employee any right or benefit herein provided for or to discharge them for the purpose of preventing them from enjoying any of the rights or benefits
provided under this Act.

SECTION 25. Basic Services. — The ICCs/IPs have the right to special measures for the immediate, effective and continuing improvement of their economic and social conditions,
including in the areas of employment, vocational training and retraining, housing, sanitation, health and social security. Particular attention shall be paid to the rights and special needs of
indigenous women, elderly, youth, children and differently-abled persons. Accordingly, the State shall guarantee the right of ICCs/IPs to government’s basic services which shall include, but
not limited to, water and electrical facilities, education, health, and infrastructure.

SECTION 26. Women. — ICC/IP women shall enjoy equal rights and opportunities with men, as regards the social, economic, political and cultural spheres of life. The participation of
indigenous women in the decision-making process in all levels, as well as in the development of society, shall be given due respect and recognition.

The State shall provide full access to education, maternal and child care, health and nutrition, and housing services to indigenous women. Vocational, technical, professional and other forms
of training shall be provided to enable these women to fully participate in all aspects of social life. As far as possible, the State shall ensure that indigenous women have access to all services
in their own languages.

SECTION 27. Children and Youth. — The State shall recognize the vital role of the children and youth of ICCs/IPs in nation-building and shall promote and protect their physical,
moral, spiritual, intellectual and social well-being. Towards this end, the State shall support all government programs intended for the development and rearing of the children and youth of
ICCs/IPs for civic efficiency and establish such mechanisms as may be necessary for the protection of the rights of the indigenous children and youth.

SECTION 28. Integrated System of Education. — The State shall, through the NCIP, provide a complete, adequate and integrated system of education, relevant to the needs of the
children and young people of ICCs/IPs.

CHAPTER VI

Cultural Integrity

SECTION 29. Protection of Indigenous Culture, Traditions and Institutions. — The State shall respect, recognize and protect the right of ICCs/IPs to preserve and protect their culture,
traditions and institutions. It shall consider these rights in the formulation and application of national plans and policies.

SECTION 30. Educational Systems. — The State shall provide equal access to various cultural opportunities to the ICCs/IPs through the educational system, public or private cultural
entities, scholarships, grants and other incentives without prejudice to their right to establish and control their educational systems and institutions by providing education in their own
language, in a manner appropriate to their cultural methods of teaching and learning. Indigenous children/youth shall have the right to all levels and forms of education of the State.

SECTION 31. Recognition of Cultural Diversity. — The State shall endeavor to have the dignity and diversity of the cultures, traditions, histories and aspirations of the ICCs/IPs
appropriately reflected in all forms of education, public information and cultural-educational exchange. Consequently, the State shall take effective measures, in consultation with ICCs/IPs
concerned, to eliminate prejudice and discrimination and to promote tolerance, understanding and good relations among ICCs/IPs and all segments of society. Furthermore, the Government
shall take effective measures to ensure that the State-owned media duly reflect indigenous cultural diversity. The State shall likewise ensure the participation of appropriate indigenous
leaders in schools, communities and international cooperative undertakings like festivals, conferences, seminars and workshops to promote and enhance their distinctive heritage and values.

SECTION 32. Community Intellectual Rights. — ICCs/IPs have the right to practice and revitalize their own cultural traditions and customs. The State shall preserve, protect and
develop the past, present and future manifestations of their cultures as well as the right to the restitution of cultural, intellectual, religious, and spiritual property taken without their free and
prior informed consent or in violation of their laws, traditions and customs.

SECTION 33. Rights to Religious, Cultural Sites and Ceremonies. — ICCs/IPs shall have the right to manifest, practice, develop, and teach their spiritual and religious traditions,
customs and ceremonies; the right to maintain, protect and have access to their religious and cultural sites; the right to use and control of ceremonial objects; and, the right to the repatriation
of human remains. Accordingly, the State shall take effective measures, in cooperation with the ICCs/IPs concerned, to ensure that indigenous sacred places, including burial sites, be
preserved, respected and protected. To achieve this purpose, it shall be unlawful to:
a) Explore, excavate or make diggings on archeological sites of the ICCs/IPs for the purpose of obtaining materials of cultural values without the free and prior informed consent of
the community concerned; and

b) Deface, remove or otherwise destroy artifacts which are of great importance to the ICCs/IPs for the preservation of their cultural heritage.

SECTION 34. Right to Indigenous Knowledge Systems and Practices and to Develop own Sciences and Technologies. — ICCs/IPs are entitled to the recognition of the full ownership
and control and protection of their cultural and intellectual rights. They shall have the right to special measures to control, develop and protect their sciences, technologies and cultural
manifestations, including human and other genetic resources, seeds, including derivatives of these resources, traditional medicines and health practices, vital medicinal plants, animals and
minerals, indigenous knowledge systems and practices, knowledge of the properties of fauna and flora, oral traditions, literature, designs, and visual and performing arts.

SECTION 35. Access to Biological and Genetic Resources. — Access to biological and genetic resources and to indigenous knowledge related to the conservation, utilization and
enhancement of these resources, shall be allowed within ancestral lands and domains of the ICCs/IPs only with a free and prior informed consent of such communities, obtained in
accordance with customary laws of the concerned community.

SECTION 36. Sustainable Agro-Technical Development. — The State shall recognize the right of ICCs/IPs to a sustainable agro-technological development and shall formulate and
implement programs of action for its effective implementation. The State shall likewise promote the bio-genetic and resource management systems among the ICCs/IPs and shall encourage
cooperation among government agencies to ensure the successful sustainable development of ICCs/IPs.

SECTION 37. Funds for Archeological and Historical Sites. — The ICCs/IPs shall have the right to receive from the national government all funds especially earmarked or allocated
for the management and preservation of their archeological and historical sites and artifacts with the financial and technical support of the national government agencies.

CHAPTER VII

National Commission on Indigenous Peoples (NCIP)

SECTION 38. National Commission on Indigenous Cultural Communities/Indigenous Peoples (NCIP). — To carry out the policies herein set forth, there shall be created the National
Commission on ICCs/IPs (NCIP), which shall be the primary government agency responsible for the formulation and implementation of policies, plans and programs to promote and protect
the rights and well-being of the ICCs/IPs and the recognition of their ancestral domains as well as the rights thereto.

SECTION 39. Mandate. — The NCIP shall protect and promote the interest and well-being of the ICCs/IPs with due regard to their beliefs, customs, traditions and institutions.

SECTION 40. Composition. — The NCIP shall be an independent agency under the Office of the President and shall be composed of seven (7) Commissioners belonging to ICCs/IPs,
one (1) of whom shall be the Chairperson. The Commissioners shall be appointed by the President of the Philippines from a list of recommendees submitted by authentic ICCs/IPs: Provided,
That the seven (7) Commissioners shall be appointed specifically from each of the following ethnographic areas: Region I and the Cordilleras; Region II; the rest of Luzon; Island Groups
including Mindoro, Palawan, Romblon, Panay and the rest of the Visayas; Northern and Western Mindanao; Southern and Eastern Mindanao; and Central Mindanao: Provided, That at least
two (2) of the seven (7) Commissioners shall be women.

SECTION 41. Qualifications, Tenure, Compensation. — The Chairperson and the six (6) Commissioners must be natural born Filipino citizens, bona fide members of the ICCs/IPs as
certified by his/her tribe, experienced in ethnic affairs and who have worked for at least ten (10) years with an ICC/IP community and/or any government agency involved in ICC/IP, at least
35 years of age at the time of appointment, and must be of proven honesty and integrity: Provided, That at least two (2) of the seven (7) Commissioners shall be members of the Philippine
Bar: Provided, further, That the members of the NCIP shall hold office for a period of three (3) years, and may be subject to re-appointment for another term: Provided, furthermore, That no
person shall serve for more than two (2) terms. Appointment to any vacancy shall only be for the unexpired term of the predecessor and in no case shall a member be appointed or designated
in a temporary or acting capacity: Provided, finally, That the Chairperson and the Commissioners shall be entitled to compensation in accordance with the Salary Standardization Law.

SECTION 42. Removal from Office. — Any member of the NCIP may be removed from office by the President, on his own initiative or upon recommendation by any indigenous
community, before the expiration of his term for cause and after complying with due process requirement of law.

SECTION 43. Appointment of Commissioners. — The President shall appoint the seven (7) Commissioners of the NCIP within ninety (90) days from the effectivity of this Act.

SECTION 44. Powers and Functions. — To accomplish its mandate, the NCIP shall have the following powers, jurisdiction and function:

a) To serve as the primary government agency through which ICCs/IPs can seek government assistance and as the medium, through which such assistance may be extended;

b) To review and assess the conditions of ICCs/IPs including existing laws and policies pertinent thereto and to propose relevant laws and policies to address their role in national
development;

c) To formulate and implement policies, plans, programs and projects for the economic, social and cultural development of the ICCs/IPs and to monitor the implementation thereof;

d) To request and engage the services and support of experts from other agencies of government or employ private experts and consultants as may be required in the pursuit of its
objectives;

e) To issue certificate of ancestral land/domain title;

f) Subject to existing laws, to enter into contracts, agreements, or arrangement, with government or private agencies or entities as may be necessary to attain the objectives of this
Act, and subject to the approval of the President, to obtain loans from government lending institutions and other lending institutions to finance its programs;

g) To negotiate for funds and to accept grants, donations, gifts and/or properties in whatever form and from whatever source, local and international, subject to the approval of the
President of the Philippines, for the benefit of ICCs/IPs and administer the same in accordance with the terms thereof; or in the absence of any condition, in such manner consistent with the
interest of ICCs/IPs as well as existing laws;
h) To coordinate development programs and projects for the advancement of the ICCs/IPs and to oversee the proper implementation thereof;

i) To convene periodic conventions or assemblies of IPs to review, assess as well as propose policies or plans;

j) To advise the President of the Philippines on all matters relating to the ICCs/IPs and to submit within sixty (60) days after the close of each calendar year, a report of its
operations and achievements;

k) To submit to Congress appropriate legislative proposals intended to carry out the policies under this Act;

l) To prepare and submit the appropriate budget to the Office of the President;

m) To issue appropriate certification as a pre-condition to the grant of permit, lease, grant, or any other similar authority for the disposition, utilization, management and appropriation
by any private individual, corporate entity or any government agency, corporation or subdivision thereof on any part or portion of the ancestral domain taking into consideration the
consensus approval of the ICCs/IPs concerned;

n) To decide all appeals from the decisions and acts of all the various offices within the Commission;

o) To promulgate the necessary rules and regulations for the implementation of this Act;

p) To exercise such other powers and functions as may be directed by the President of the Republic of the Philippines; and

q) To represent the Philippine ICCs/IPs in all international conferences and conventions dealing with indigenous peoples and other related concerns.

SECTION 45. Accessibility and Transparency. — Subject to such limitations as may be provided by law or by rules and regulations promulgated pursuant thereto, all official records,
documents and papers pertaining to official acts, transactions or decisions, as well as research data used as basis for policy development of the Commission shall be made accessible to the
public.

SECTION 46. Offices within the NCIP. — The NCIP shall have the following offices which shall be responsible for the implementation of the policies hereinafter provided:

a) Ancestral Domains Office — The Ancestral Domain Office shall be responsible for the identification, delineation and recognition of ancestral lands/domains. It shall also be
responsible for the management of ancestral lands/domains in accordance with a master plan as well as the implementation of the ancestral domain rights of the ICCs/IPs as provided in
Chapter III of this Act. It shall also issue, upon the free and prior informed consent of the ICCs/IPs concerned, certification prior to the grant of any license, lease or permit for the
exploitation of natural resources affecting the interests of ICCs/IPs or their ancestral domains and to assist the ICCs/IPs in protecting the territorial integrity of all ancestral domains. It shall
likewise perform such other functions as the Commission may deem appropriate and necessary;

b) Office on Policy, Planning and Research — The Office on Policy, Planning and Research shall be responsible for the formulation of appropriate policies and programs for
ICCs/IPs such as, but not limited to, the development of a Five-Year Master Plan for the ICCs/IPs. Such plan shall undergo a process such that every five years, the Commission shall
endeavor to assess the plan and make ramifications in accordance with the changing situations. The Office shall also undertake the documentation of customary law and shall establish and
maintain a Research Center that would serve as a depository of ethnographic information for monitoring, evaluation and policy formulation. It shall assist the legislative branch of the
national government in the formulation of appropriate legislation benefiting ICCs/IPs;

c) Office of Education, Culture and Health — The Office on Culture, Education and Health shall be responsible for the effective implementation of the education, cultural and
related rights as provided in this Act. It shall assist, promote and support community schools, both formal and non-formal, for the benefit of the local indigenous community, especially in
areas where existing educational facilities are not accessible to members of the indigenous group. It shall administer all scholarship programs and other educational rights intended for ICC/IP
beneficiaries in coordination with the Department of Education, Culture and Sports and the Commission on Higher Education. It shall undertake, within the limits of available appropriation,
a special program which includes language and vocational training, public health and family assistance program and related subjects.

It shall also identify ICCs/IPs with potential training in the health profession and encourage and assist them to enroll in schools of medicine, nursing, physical therapy and other allied courses
pertaining to the health profession.

Towards this end, the NCIP shall deploy a representative in each of the said offices who shall personally perform the foregoing task and who shall receive complaints from the ICCs/IPs and
compel action from appropriate agency. It shall also monitor the activities of the National Museum and other similar government agencies generally intended to manage and preserve
historical and archeological artifacts of the ICCs/IPs and shall be responsible for the implementation of such other functions as the NCIP may deem appropriate and necessary;

d) Office on Socio-Economic Services and Special Concerns — The Office on Socio-Economic Services and Special Concerns shall serve as the Office through which the NCIP
shall coordinate with pertinent government agencies specially charged with the implementation of various basic socio-economic services, policies, plans and programs affecting the ICCs/IPs
to ensure that the same are properly and directly enjoyed by them. It shall also be responsible for such other functions as the NCIP may deem appropriate and necessary;

e) Office of Empowerment and Human Rights — The Office of Empowerment and Human Rights shall ensure that indigenous socio-political, cultural and economic rights are
respected and recognized. It shall ensure that capacity building mechanisms are instituted and ICCs/IPs are afforded every opportunity, if they so choose, to participate in all levels of
decision-making. It shall likewise ensure that the basic human rights, and such other rights as the NCIP may determine, subject to existing laws, rules and regulations, are protected and
promoted;

f) Administrative Office — The Administrative Office shall provide the NCIP with economical, efficient and effective services pertaining to personnel, finance, records, equipment,
security, supplies and related services. It shall also administer the Ancestral Domains Fund; and

g) Legal Affairs Office — There shall be a Legal Affairs Office which shall advice the NCIP on all legal matters concerning ICCs/IPs and which shall be responsible for providing
ICCs/IPs with legal assistance in litigation involving community interest. It shall conduct preliminary investigation on the basis of complaints filed by the ICCs/IPs against a natural or
juridical person believed to have violated ICCs/IPs rights. On the basis of its findings, it shall initiate the filing of appropriate legal or administrative action to the NCIP.

SECTION 47. Other Offices. — The NCIP shall have the power to create additional offices as it may deem necessary subject to existing rules and regulations.
SECTION 48. Regional and Field Offices. — Existing regional and field offices shall remain to function under the strengthened organizational structure of the NCIP. Other field offices
shall be created wherever appropriate and the staffing pattern thereof shall be determined by the NCIP: Provided, That in provinces where there are ICCs/IPs but without field offices, the
NCIP shall establish field offices in said provinces.

SECTION 49. Office of the Executive Director. — The NCIP shall create the Office of the Executive Director which shall serve as its secretariat. The Office shall be headed by an
Executive Director who shall be appointed by the President of the Republic of the Philippines upon recommendation of the NCIP on a permanent basis. The staffing pattern of the office shall
be determined by the NCIP subject to the existing rules and regulations.

SECTION 50. Consultative Body. — A body consisting of the traditional leaders, elders and representatives from the women and youth sectors of the different ICCs/IPs shall be
constituted by the NCIP from time to time to advise it on matters relating to the problems, aspirations and interests of the ICCs/IPs.

CHAPTER VIII

Delineation and Recognition of Ancestral Domains

SECTION 51. Delineation and Recognition of Ancestral Domains. — Self-delineation shall be the guiding principle in the identification and delineation of ancestral domains. As such,
the ICCs/IPs concerned shall have a decisive role in all the activities pertinent thereto. The Sworn Statement of the Elders as to the scope of the territories and agreements/pacts made with
neighboring ICCs/IPs, if any, will be essential to the determination of these traditional territories. The Government shall take the necessary steps to identify lands which the ICCs/IPs
concerned traditionally occupy and guarantee effective protection of their rights of ownership and possession thereto. Measures shall be taken in appropriate cases to safeguard the right of
the ICCs/IPs concerned to land which may no longer be exclusively occupied by them, but to which they have traditionally had access for their subsistence and traditional activities,
particularly of ICCs/IPs who are still nomadic and/or shifting cultivators.

SECTION 52. Delineation Process. — The identification and delineation of ancestral domains shall be done in accordance with the following procedures:

a) Ancestral Domains Delineated Prior to this Act. — The provisions hereunder shall not apply to ancestral domains/lands already delineated according to DENR Administrative
Order No. 2, series of 1993, nor to ancestral lands and domains delineated under any other community/ancestral domain program prior to the enactment of this law. ICCs/IPs whose ancestral
lands/domains were officially delineated prior to the enactment of this law shall have the right to apply for the issuance of a Certificate of Ancestral Domain Title (CADT) over the area
without going through the process outlined hereunder;

b) Petition for Delineation. — The process of delineating a specific perimeter may be initiated by the NCIP with the consent of the ICC/IP concerned, or through a Petition for
Delineation filed with the NCIP, by a majority of the members of the ICCs/IPs;

c) Delineation Proper. — The official delineation of ancestral domain boundaries including census of all community members therein, shall be immediately undertaken by the
Ancestral Domains Office upon filing of the application by the ICCs/IPs concerned. Delineation will be done in coordination with the community concerned and shall at all times include
genuine involvement and participation by the members of the communities concerned;

d) Proof Required. — Proof of Ancestral Domain Claims shall include the testimony of elders or community under oath, and other documents directly or indirectly attesting to the
possession or occupation of the area since time immemorial by such ICCs/IPs in the concept of owners which shall be any one (1) of the following authentic documents:

1) Written accounts of the ICCs/IPs customs and traditions;

2) Written accounts of the ICCs/IPs political structure and institution;

3) Pictures showing long term occupation such as those of old improvements, burial grounds, sacred places and old villages;

4) Historical accounts, including pacts and agreements concerning boundaries entered into by the ICCs/IPs concerned with other ICCs/IPs;

5) Survey plans and sketch maps;

6) Anthropological data;

7) Genealogical surveys;

8) Pictures and descriptive histories of traditional communal forests and hunting grounds;

9) Pictures and descriptive histories of traditional landmarks such as mountains, rivers, creeks, ridges, hills, terraces and the like; and

10) Write-ups of names and places derived from the native dialect of the community.

e) Preparation of Maps. — On the basis of such investigation and the findings of fact based thereon, the Ancestral Domains Office of the NCIP shall prepare a perimeter map,
complete with technical descriptions, and a description of the natural features and landmarks embraced therein;

f) Report of Investigation and Other Documents. — A complete copy of the preliminary census and a report of investigation, shall be prepared by the Ancestral Domains Office of
the NCIP;

g) Notice and Publication. — A copy of each document, including a translation in the native language of the ICCs/IPs concerned shall be posted in a prominent place therein for at
least fifteen (15) days. A copy of the document shall also be posted at the local, provincial and regional offices of the NCIP, and shall be published in a newspaper of general circulation once
a week for two (2) consecutive weeks to allow other claimants to file opposition thereto within fifteen (15) days from date of such publication: Provided, That in areas where no such
newspaper exists, broadcasting in a radio station will be a valid substitute: Provided, further, That mere posting shall be deemed sufficient if both newspaper and radio station are not
available;
h) Endorsement to NCIP. — Within fifteen (15) days from publication, and of the inspection process, the Ancestral Domains Office shall prepare a report to the NCIP endorsing a
favorable action upon a claim that is deemed to have sufficient proof. However, if the proof is deemed insufficient, the Ancestral Domains Office shall require the submission of additional
evidence: Provided, That the Ancestral Domains Office shall reject any claim that is deemed patently false or fraudulent after inspection and verification: Provided, further, That in case of
rejection, the Ancestral Domains Office shall give the applicant due notice, copy furnished all concerned, containing the grounds for denial. The denial shall be appealable to the NCIP:
Provided, furthermore, That in cases where there are conflicting claims among ICCs/IPs on the boundaries of ancestral domain claims, the Ancestral Domains Office shall cause the
contending parties to meet and assist them in coming up with a preliminary resolution of the conflict, without prejudice to its full adjudication according to the section below.

i) Turnover of Areas Within Ancestral Domains Managed by Other Government Agencies. — The Chairperson of the NCIP shall certify that the area covered is an ancestral domain.
The secretaries of the Department of Agrarian Reform, Department of Environment and Natural Resources, Department of the Interior and Local Government, and Department of Justice, the
Commissioner of the National Development Corporation, and any other government agency claiming jurisdiction over the area shall be notified thereof. Such notification shall terminate any
legal basis for the jurisdiction previously claimed;

j) Issuance of CADT . — ICCs/IPs whose ancestral domains have been officially delineated and determined by the NCIP shall be issued a CADT in the name of the community
concerned, containing a list of all those identified in the census; and

k) Registration of CADTs. — The NCIP shall register issued certificates of ancestral domain titles and certificates of ancestral lands titles before the Register of Deeds in the place
where the property is situated.

SECTION 53. Identification, Delineation and Certification of Ancestral Lands. —

a) The allocation of lands within any ancestral domain to individual or indigenous corporate (family or clan) claimants shall be left to the ICCs/IPs concerned to decide in
accordance with customs and traditions;

b) Individual and indigenous corporate claimants of ancestral lands which are not within ancestral domains, may have their claims officially established by filing applications for the
identification and delineation of their claims with the Ancestral Domains Office. An individual or recognized head of a family or clan may file such application in his behalf or in behalf of
his family or clan, respectively;

c) Proofs of such claims shall accompany the application form which shall include the testimony under oath of elders of the community and other documents directly or indirectly
attesting to the possession or occupation of the areas since time immemorial by the individual or corporate claimants in the concept of owners which shall be any of the authentic documents
enumerated under Sec. 52 (d) of this Act, including tax declarations and proofs of payment of taxes;

d) The Ancestral Domains Office may require from each ancestral claimant the submission of such other documents, Sworn Statements and the like, which in its opinion, may shed
light on the veracity of the contents of the application/claim;

e) Upon receipt of the applications for delineation and recognition of ancestral land claims, the Ancestral Domains Office shall cause the publication of the application and a copy of
each document submitted including a translation in the native language of the ICCs/IPs concerned in a prominent place therein for at least fifteen (15) days. A copy of the document shall
also be posted at the local, provincial, and regional offices of the NCIP and shall be published in a newspaper of general circulation once a week for two (2) consecutive weeks to allow other
claimants to file opposition thereto within fifteen (15) days from the date of such publication: Provided, That in areas where no such newspaper exists, broadcasting in a radio station will be
a valid substitute: Provided, further, That mere posting shall be deemed sufficient if both newspapers and radio station are not available;

f) Fifteen (15) days after such publication, the Ancestral Domains Office shall investigate and inspect each application, and if found to be meritorious, shall cause a parcellary
survey of the area being claimed. The Ancestral Domains Office shall reject any claim that is deemed patently false or fraudulent after inspection and verification. In case of rejection, the
Ancestral Domains Office shall give the applicant due notice, copy furnished all concerned, containing the grounds for denial. The denial shall be appealable to the NCIP. In case of
conflicting claims among individuals or indigenous corporate claimants, the Ancestral Domains Office shall cause the contending parties to meet and assist them in coming up with a
preliminary resolution of the conflict, without prejudice to its full adjudication according to Sec. 62 of this Act. In all proceedings for the identification or delineation of the ancestral domains
as herein provided, the Director of Lands shall represent the interest of the Republic of the Philippines; and

g) The Ancestral Domains Office shall prepare and submit a report on each and every application surveyed and delineated to the NCIP, which shall, in turn, evaluate the report
submitted. If the NCIP finds such claim meritorious, it shall issue a certificate of ancestral land, declaring and certifying the claim of each individual or corporate (family or clan) claimant
over ancestral lands.

SECTION 54. Fraudulent Claims. — The Ancestral Domains Office may, upon written request from the ICCs/IPs, review existing claims which have been fraudulently acquired by any
person or community. Any claim found to be fraudulently acquired by, and issued to, any person or community may be cancelled by the NCIP after due notice and hearing of all parties
concerned.

SECTION 55. Communal Rights. — Subject to Section 56 hereof, areas within the ancestral domains, whether delineated or not, shall be presumed to be communally held: Provided,
That communal rights under this Act shall not be construed as co-ownership as provided in Republic Act No. 386, otherwise known as the New Civil Code.

SECTION 56. Existing Property Rights Regimes. — Property rights within the ancestral domains already existing and/or vested upon effectivity of this Act, shall be recognized and
respected.

SECTION 57. Natural Resources within Ancestral Domains. — The ICCs/IPs shall have priority rights in the harvesting, extraction, development or exploitation of any natural
resources within the ancestral domains. A non-member of the ICCs/IPs concerned may be allowed to take part in the development and utilization of the natural resources for a period of not
exceeding twenty-five (25) years renewable for not more than twenty-five (25) years: Provided, That a formal and written agreement is entered into with the ICCs/IPs concerned or that the
community, pursuant to its own decision making process, has agreed to allow such operation: Provided, finally, That the NCIP may exercise visitorial powers and take appropriate action to
safeguard the rights of the ICCs/IPs under the same contract.

SECTION 58. Environmental Considerations. — Ancestral domains or portions thereof, which are found to be necessary for critical watersheds, mangroves, wildlife sanctuaries,
wilderness, protected areas, forest cover, or reforestation as determined by appropriate agencies with the full participation of the ICCs/IPs concerned shall be maintained, managed and
developed for such purposes. The ICCs/IPs concerned shall be given the responsibility to maintain, develop, protect and conserve such areas with the full and effective assistance of
government agencies. Should the ICCs/IPs decide to transfer the responsibility over the areas, said decision must be made in writing. The consent of the ICCs/IPs should be arrived at in
accordance with its customary laws without prejudice to the basic requirements of existing laws on free and prior informed consent: Provided, That the transfer shall be temporary and will
ultimately revert to the ICCs/IPs in accordance with a program for technology transfer: Provided, further, That no ICCs/IPs shall be displaced or relocated for the purpose enumerated under
this section without the written consent of the specific persons authorized to give consent.

SECTION 59. Certification Precondition. — All departments and other governmental agencies shall henceforth be strictly enjoined from issuing, renewing, or granting any concession,
license or lease, or entering into any production-sharing agreement, without prior certification from the NCIP that the area affected does not overlap with any ancestral domain. Such
certification shall only be issued after a field-based investigation is conducted by the Ancestral Domains Office of the area concerned: Provided, That no certification shall be issued by the
NCIP without the free and prior informed and written consent of ICCs/IPs concerned: Provided, further, That no department, government agency or government-owned or -controlled
corporation may issue new concession, license, lease, or production sharing agreement while there is a pending application for a CADT: Provided, finally, That the ICCs/IPs shall have the
right to stop or suspend, in accordance with this Act, any project that has not satisfied the requirement of this consultation process.

SECTION 60. Exemption from Taxes. — All lands certified to be ancestral domains shall be exempt from real property taxes, special levies, and other forms of exaction except such
portion of the ancestral domains as are actually used for large-scale agriculture, commercial forest plantation and residential purposes or upon titling by private persons: Provided, That all
exactions shall be used to facilitate the development and improvement of the ancestral domains.

SECTION 61. Temporary Requisition Powers. — Prior to the establishment of an institutional surveying capacity whereby it can effectively fulfill its mandate, but in no case beyond
three (3) years after its creation, the NCIP is hereby authorized to request the Department of Environment and Natural Resources (DENR) survey teams as well as other equally capable
private survey teams, through a Memorandum of Agreement (MOA), to delineate ancestral domain perimeters. The DENR Secretary shall accommodate any such request within one (1)
month of its issuance: Provided, That the Memorandum of Agreement shall stipulate, among others, a provision for technology transfer to the NCIP.

SECTION 62. Resolution of Conflicts. — In cases of conflicting interest, where there are adverse claims within the ancestral domains as delineated in the survey plan, and which can
not be resolved, the NCIP shall hear and decide, after notice to the proper parties, the disputes arising from the delineation of such ancestral domains: Provided, That if the dispute is between
and/or among ICCs/IPs regarding the traditional boundaries of their respective ancestral domains, customary process shall be followed. The NCIP shall promulgate the necessary rules and
regulations to carry out its adjudicatory functions: Provided, further, That any decision, order, award or ruling of the NCIP on any ancestral domain dispute or on any matter pertaining to the
application, implementation, enforcement and interpretation of this Act may be brought for Petition for Review to the Court of Appeals within fifteen (15) days from receipt of a copy
thereof.

SECTION 63. Applicable Laws. — Customary laws, traditions and practices of the ICCs/IPs of the land where the conflict arises shall be applied first with respect to property rights,
claims and ownerships, hereditary succession and settlement of land disputes. Any doubt or ambiguity in the application and interpretation of laws shall be resolved in favor of the ICCs/IPs.

SECTION 64. Remedial Measures. — Expropriation may be resorted to in the resolution of conflicts of interest following the principle of the “common good”. The NCIP shall take
appropriate legal action for the cancellation of officially documented titles which were acquired illegally: Provided, That such procedure shall ensure that the rights of possessors in good
faith shall be respected: Provided, further, That the action for cancellation shall be initiated within two (2) years from the effectivity of this Act: Provided, finally, That the action for
reconveyance shall be within a period of ten (10) years in accordance with existing laws.

CHAPTER IX

Jurisdiction and Procedures for Enforcement of Rights

SECTION 65. Primacy of Customary Laws and Practices. — When disputes involve ICCs/IPs, customary laws and practices shall be used to resolve the dispute.

SECTION 66. Jurisdiction of the NCIP. — The NCIP, through its regional offices, shall have jurisdiction over all claims and disputes involving rights of ICCs/IPs: Provided, however,
That no such dispute shall be brought to the NCIP unless the parties have exhausted all remedies provided under their customary laws. For this purpose, a certification shall be issued by the
Council of Elders/Leaders who participated in the attempt to settle the dispute that the same has not been resolved, which certification shall be a condition precedent to the filing of a petition
with the NCIP.

SECTION 67. Appeals to the Court of Appeals. — Decisions of the NCIP shall be appealable to the Court of Appeals by way of a petition for review.

SECTION 68. Execution of Decisions, Awards, Orders. — Upon expiration of the period herein provided and no appeal is perfected by any of the contending parties, the Hearing
Officer of the NCIP, on its own initiative or upon motion by the prevailing party, shall issue a writ of execution requiring the sheriff or the proper officer to execute final decisions, orders or
awards of the Regional Hearing Officer of the NCIP.

SECTION 69. Quasi-Judicial Powers of the NCIP. — The NCIP shall have the power and authority:

a) To promulgate rules and regulations governing the hearing and disposition of cases filed before it as well as those pertaining to its internal functions and such rules and regulations
as may be necessary to carry out the purposes of this Act;

b) To administer oaths, summon the parties to a controversy, issue subpoenas requiring the attendance and testimony of witnesses or the production of such books, papers, contracts,
records, agreements and other document of similar nature as may be material to a just determination of the matter under investigation or hearing conducted in pursuance of this Act;

c) To hold any person in contempt, directly or indirectly, and impose appropriate penalties therefor; and

d) To enjoin any or all acts involving or arising from any case pending before it which, if not restrained forthwith, may cause grave or irreparable damage to any of the parties to the
case or seriously affect social or economic activity.

SECTION 70. No Restraining Order or Preliminary Injunction. — No inferior court of the Philippines shall have jurisdiction to issue any restraining order or writ of preliminary
injunction against the NCIP or any of its duly authorized or designated offices in any case, dispute or controversy arising from, necessary to, or interpretation of this Act and other pertinent
laws relating to ICCs/IPs and ancestral domains.

CHAPTER X

Ancestral Domains Fund

SECTION 71. Ancestral Domains Fund. — There is hereby created a special fund, to be known as the Ancestral Domains Fund, an initial amount of One hundred thirty million pesos
(P130,000,000) to cover compensation for expropriated lands, delineation and development of ancestral domains. An amount of Fifty million pesos (P50,000,000) shall be sourced from the
gross income of the Philippine Charity Sweepstakes Office (PCSO) from its lotto operation, Ten million pesos (P10,000,000) from the gross receipts of the travel tax of the preceding year,
the fund of the Social Reform Council intended for survey and delineation of ancestral lands/domains, and such other source as the government may deem appropriate. Thereafter, such
amount shall be included in the annual General Appropriations Act. Foreign as well as local funds which are made available for the ICCs/IPs through the government of the Philippines shall
be coursed through the NCIP. The NCIP may also solicit and receive donations, endowments and grants in the form of contributions, and such endowments shall be exempted from income
or gift taxes and all other taxes, charges or fees imposed by the government or any political subdivision or instrumentality thereof.

CHAPTER XI

Penalties

SECTION 72. Punishable Acts and Applicable Penalties. — Any person who commits violation of any of the provisions of this Act, such as, but not limited to, unauthorized and/or
unlawful intrusion upon any ancestral lands or domains as stated in Sec. 10, Chapter III, or shall commit any of the prohibited acts mentioned in Sections 21 and 24, Chapter V, Section 33,
Chapter VI hereof, shall be punished in accordance with the customary laws of the ICCs/IPs concerned: Provided, That no such penalty shall be cruel, degrading or inhuman punishment:
Provided, further, That neither shall the death penalty or excessive fines be imposed. This provision shall be without prejudice to the right of any ICCs/IPs to avail of the protection of
existing laws. In which case, any person who violates any provision of this Act shall, upon conviction, be punished by imprisonment of not less than nine (9) months but not more than
twelve (12) years or a fine of not less than One hundred thousand pesos (P100,000) nor more than Five hundred thousand pesos (P500,000) or both such fine and imprisonment upon the
discretion of the court. In addition, he shall be obliged to pay to the ICCs/IPs concerned whatever damage may have been suffered by the latter as a consequence of the unlawful act.

SECTION 73. Persons Subject to Punishment. — If the offender is a juridical person, all officers such as, but not limited to, its president, manager, or head of office responsible for
their unlawful act shall be criminally liable therefor, in addition to the cancellation of certificates of their registration and/or license: Provided, That if the offender is a public official, the
penalty shall include perpetual disqualification to hold public office.

CHAPTER XII

Merger of the Office for Northern Cultural Communities (ONCC) and the Office for Southern Cultural Communities (OSCC)

SECTION 74. Merger of ONCC/OSCC. — The Office for Northern Cultural Communities (ONCC) and the Office of Southern Cultural Communities (OSCC), created under Executive
Order Nos. 122-B and 122-C respectively, are hereby merged as organic offices of the NCIP and shall continue to function under a revitalized and strengthened structures to achieve the
objectives of the NCIP: Provided, That the positions of Staff Directors, Bureau Directors, Deputy Executive Directors and Executive Directors, except positions of Regional Directors and
below, are hereby phased-out upon the effectivity of this Act: Provided, further, That officials and employees of the phased-out offices who may be qualified may apply for reappointment
with the NCIP and may be given prior rights in the filling up of the newly created positions of NCIP, subject to the qualifications set by the Placement Committee: Provided, furthermore,
That in the case where an indigenous person and a non-indigenous person with similar qualifications apply for the same position, priority shall be given to the former. Officers and employees
who are to be phased-out as a result of the merger of their offices shall be entitled to gratuity a rate equivalent to one and a half (1 ½) months salary for every year of continuous and
satisfactory service rendered or the equivalent nearest fraction thereof favorable to them on the basis of the highest salary received. If they are already entitled to retirement or gratuity, they
shall have the option to select either such retirement benefits or the gratuity herein provided. Officers and employees who may be reinstated shall refund such retirement benefits or gratuity
received: Provided, finally, That absorbed personnel must still meet the qualifications and standards set by the Civil Service and the Placement Committee herein created.

SECTION 75. Transition Period. — The ONCC/OSCC shall have a period of six (6) months from the effectivity of this Act within which to wind up its affairs and to conduct audit of
its finances.

SECTION 76. Transfer of Assets/Properties. — All real and personal properties which are vested in, or belonging to, the merged offices as aforestated shall be transferred to the NCIP
without further need of conveyance, transfer or assignment and shall be held for the same purpose as they were held by the former offices: Provided, That all contracts, records and
documents relating to the operations of the merged offices shall be transferred to the NCIP. All agreements and contracts entered into by the merged offices shall remain in full force and
effect unless otherwise terminated, modified or amended by the NCIP.

SECTION 77. Placement Committee. — Subject to rules on government reorganization, a Placement Committee shall be created by the NCIP, in coordination with the Civil Service
Commission, which shall assist in the judicious selection and placement of personnel in order that the best qualified and most deserving persons shall be appointed in the reorganized agency.
The Placement Committee shall be composed of seven (7) commissioners and an ICCs’/IPs’ representative from each of the first and second level employees association in the Offices for
Northern and Southern Cultural Communities (ONCC/OSCC), nongovernment organizations (NGOs) who have served the community for at least five (5) years and peoples organizations
(POs) with at least five (5) years of existence. They shall be guided by the criteria of retention and appointment to be prepared by the consultative body and by the pertinent provisions of the
civil service law.

CHAPTER XIII

Final Provisions

SECTION 78. Special Provision. — The City of Baguio shall remain to be governed by its Charter and all lands proclaimed as part of its townsite reservation shall remain as such until
otherwise reclassified by appropriate legislation: Provided, That prior land rights and titles recognized and/or acquired through any judicial, administrative or other processes before the
effectivity of this Act shall remain valid: Provided, further, That this provision shall not apply to any territory which becomes part of the City of Baguio after the effectivity of this Act.

SECTION 79. Appropriations. — The amount necessary to finance the initial implementation of this Act shall be charged against the current year’s appropriation of the ONCC and the
OSCC. Thereafter, such sums as may be necessary for its continued implementation shall be included in the annual General Appropriations Act.

SECTION 80. Implementing Rules and Regulations. — Within sixty (60) days immediately after appointment, the NCIP shall issue the necessary rules and regulations, in consultation
with the Committees on National Cultural Communities of the House of Representatives and the Senate, for the effective implementation of this Act.

SECTION 81. Saving Clause. — This Act will not in any manner adversely affect the rights and benefits of the ICCs/IPs under other conventions, recommendations, international
treaties, national laws, awards, customs and agreements.
SECTION 82. Separability Clause. — In case any provision of this Act or any portion thereof is declared unconstitutional by a competent court, other provisions shall not be affected
thereby.

SECTION 83. Repealing Clause. — Presidential Decree No. 410, Executive Order Nos. 122-B and 122-C, and all other laws, decrees, orders, rules and regulations or parts thereof
inconsistent with this Act are hereby repealed or modified accordingly.

SECTION 84. Effectivity. — This Act shall take effect fifteen (15) days upon its publication in the Official Gazette or in any two (2) newspapers of general circulation.

Approved: October 29, 1997

Source: CDAsia

Fifteenth Congress
Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-third day of July, two thousand twelve.

REPUBLIC ACT No. 10593

AN ACT AMENDING CERTAIN SECTIONS OF REPUBLIC ACT NO. 8048, ENTITLED "AN ACT PROVIDING FOR THE REGULATION OF THE CUTTING OF COCONUT
TREES, ITS REPLENISHMENT, PROVIDING PENALTIES THEREFOR, AND FOR OTHER PURPOSES"

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Section 1. Section 4 of Republic Act. No. 8048, also known as the "Coconut Preservation Act of 1995″, is hereby amended to read as follows:

"SEC. 4. Prohibition. – No coconut tree shall be cut except in the following cases and only after a permit had been issued therefor:

"(a) When the tree is sixty (60) years old in the case of tall varieties, and at least forty (40) years old for dwarf varieties;

"(b) When the tree is no longer economically productive;

"(c) When the tree is severely disease-infested and beyond rehabilitation;

"(d) When the tree is severely damaged by typhoon or lightning;

"(e) When the agricultural land devoted to coconut production shall have been converted in accordance with law into residential, commercial or industrial areas;

"(f) When the land devoted to coconut production shall be converted into other agricultural uses or other agriculture-related activities in pursuance to a conversion duly
applied for by the owner and approved by the proper authorities: Provided, That no conversion shall be allowed by the PCA until after it shall have been verified and certified
that for a period of at least three (3) years the majority of the coconut trees have become senescent and economically unproductive or where the coconut farm is not
adaptable to sound management practices on account of geographical location, topography, drainage and other conditions rendering the farm economically unproductive;
and

"(g) When the tree would cause hazard to life and property.

"No other causes other than those abovementioned shall be considered as a valid ground for cutting."

Section 2. Section 5 of Republic Act No. 8048 is hereby amended to read as follows:

"SEC. 5. Permit to Cut. – No coconut tree or trees shall be cut unless a permit therefore, upon due application being made, has been issued by the PCA pursuant to Section 6
of this Act.

"The applicant shall pay an application fee in the amount of One hundred pesos (P100.00) for every tree intended to be cut payable to the PCA. Forty pesos (P40.00) of the
fee shall accrue in favor of the PCA, Forty pesos (P40.00) in favor of the municipal government concerned, and Twenty pesos (P20.00) in favor of the barangay unit
concerned. The fees allocated to the PCA shall be used for its replanting program and the fees allocated to the municipal/city government shall be used for the repair and
rehabilitation of roads of the respective local government units which have been damaged by the continuous passage of heavy vehicles used for transporting coconut lumber.

"Fees herein collected shall be deposited with the nearest Land Bank of the Philippines branch or other government depository banks. Fees accruing to the local government
unit shall be remitted within three (3) months in accordance with existing Commission on Audit (COA) rules and regulations.

"No permit to cut shall be granted unless the applicant has secured from the barangay captain of the locality where the cutting will be done, a certification under oath that
he/she has already planted the equivalent number of coconut trees applied for to be cut.
"Such replanting, however, shall not apply to areas converted into industrial, commercial or residential sites or land transformed in accordance with law, into other agricultural
purposes.

"The PCA, in coordination with the local government unit concerned, shall verify if a replanting was implemented and regulate and oversee the fertilization and care of the
newly planted coconut trees. For this purpose, it shall be incumbent upon the PCA to conduct, from time to time, on-the-spot inspections of the sites where the coconut trees
have been planted."

Section 3. A new Section 7 is hereby inserted after Section 6 of this Act, to read as follows:

"SEC. 7. Police Powers. – The PCA shall be vested with the authority to exercise duly delegated police powers for the proper performance of its functions and duties, to wit:

"(a) Investigate suspected violations of this Act;

"(b) Arrest and apprehend any person actually committing or attempting to commit an offense under this Act;

"(c) Arrest and apprehend possessor of coconut lumber without the necessary permit as required under this Act;

"(d) Search and seize a moving vehicle with illegally cut, gathered, collected or removed coconut lumber: Provided, That probable cause for the search is established;

"(e) Stop the transport and/or shipment of coconut lumber without authority or without legal documents in accordance with pertinent laws, regulations or policies on the
matter;

"(f) Confiscate and forfeit in favor of the government the illegally cut, gathered, collected, removed, possessed or abandoned coconut lumber, as well as the machinery,
equipment, implements and tools illegally used in the commission of the offense and to dispose of the same in accordance with pertinent laws, regulations or policies on the
matter; and

"(g) Seek the assistance of other law enforcement agencies for the efficient and effective implementation of this Act."

Section 4. Section 7 of Republic Act No. 8048, hereby renumbered as Section 8, is hereby amended to read as follows:

"SEC. 8. Implementing Rules. – The Philippine Coconut Authority shall be the lead agency to implement the provisions of this Act. For this purpose, the Philippine Coconut
Authority shall prescribe the necessary rules and regulations for the immediate and effective implementation of this Act.

"The PCA, in order to effectively implement the provisions of this Act, may request the assistance of any local government unit, to monitor and ensure compliance with this Act
including its implementing rules and regulations. For this purpose, the PCA may deputize the Philippine National Police or other law enforcement agencies to investigate and
apprehend those caught violating the provisions of this Act, including the confiscation of illegally cut coconut trees. In order to prevent wastage, the PCA shall order the
immediate disposition of confiscated coconut lumber in a manner to be determined by the PCA.

"In addition to the foregoing, the PCA shall also, in coordination, with the local government unit concerned, require the registration of all sawmills, lumberyards, coconut wood
dealers and other persons or entities dealing in the processing and sawing of coconut trees."

Section 5. Section 8 of Republic Act No. 8048, hereby renumbered as Section 9, is hereby amended to read as follows:

"SEC. 9. Penalties. – Those found guilty of violating this Act or any rules and regulations issued pursuant hereto shall, upon conviction, be punished by imprisonment of not
less than two (2) years but not more than six (6) years, or a fine of not less than One hundred thousand pesos (P100,000.00) but not more than Five hundred thousand pesos
(P500,000.00), or both, at the discretion of the court.

"If the offender is a corporation or a juridical entity, the official who ordered, or allowed the commission of the offense shall be punished with the same penalty.

"If the offender is in the government service, he shall, in addition be dismissed from office.

"Upon verification by the PCA that no replanting was done, the barangay captain who issued the certification shall, upon conviction, be penalized with imprisonment of not
less than three (3) years but not more than seven (7) years and a fine of not less than One hundred thousand pesos (P100,000.00) but not more than One million pesos
(P1,000,000.00). Furthermore, the barangay captain concerned shall be perpetually disqualified from holding any other public office."

Section 6. The succeeding sections are hereby renumbered accordingly.

Section 7. Separability Clause. – If any provision or part hereof is held invalid or unconstitutional, the remainder of the law or the provisions not otherwise affected shall
remain valid and subsisting.

Section 8. Repealing Clause. – All laws, issuances or parts thereof inconsistent with this Act are hereby repealed or modified accordingly.1âwphi1

Section 9. Effectivity Clause. – This Act shall take effect after fifteen (15) days from its publication in the Official Gazette or in two (2) newspapers of general circulation.

Approved,

(Sgd.) JUAN PONCE ENRILE (Sgd.) FELICIANO BELMONTE JR.

 President of the Senate Speaker of the House of Representatives

This Act which is a consolidation of Senate Bill No. 3366 and House Bill No. 6131 was finally passed by the Senate and the House of Representatives on January 28, 2013
and January 30, 2013, respectively.

(Sgd.) EDWIN B. BELLEN (Sgd.) MARILYN B. BARUA-YAP

Acting Senate Secretary Secretary General
House of Representatives

Approved: MAY 29 2013

(Sgd.) BENIGNO S. AQUINO III

President of the Philippines

Fifteenth Congress
Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-third day of July, two thousand twelve.

REPUBLIC ACT No. 10593

AN ACT AMENDING CERTAIN SECTIONS OF REPUBLIC ACT NO. 8048, ENTITLED "AN ACT PROVIDING FOR THE REGULATION OF THE CUTTING OF COCONUT
TREES, ITS REPLENISHMENT, PROVIDING PENALTIES THEREFOR, AND FOR OTHER PURPOSES"

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Section 1. Section 4 of Republic Act. No. 8048, also known as the "Coconut Preservation Act of 1995″, is hereby amended to read as follows:

"SEC. 4. Prohibition. – No coconut tree shall be cut except in the following cases and only after a permit had been issued therefor:

"(a) When the tree is sixty (60) years old in the case of tall varieties, and at least forty (40) years old for dwarf varieties;

"(b) When the tree is no longer economically productive;

"(c) When the tree is severely disease-infested and beyond rehabilitation;

"(d) When the tree is severely damaged by typhoon or lightning;

"(e) When the agricultural land devoted to coconut production shall have been converted in accordance with law into residential, commercial or industrial areas;

"(f) When the land devoted to coconut production shall be converted into other agricultural uses or other agriculture-related activities in pursuance to a conversion duly
applied for by the owner and approved by the proper authorities: Provided, That no conversion shall be allowed by the PCA until after it shall have been verified and certified
that for a period of at least three (3) years the majority of the coconut trees have become senescent and economically unproductive or where the coconut farm is not
adaptable to sound management practices on account of geographical location, topography, drainage and other conditions rendering the farm economically unproductive;
and

"(g) When the tree would cause hazard to life and property.

"No other causes other than those abovementioned shall be considered as a valid ground for cutting."

Section 2. Section 5 of Republic Act No. 8048 is hereby amended to read as follows:

"SEC. 5. Permit to Cut. – No coconut tree or trees shall be cut unless a permit therefore, upon due application being made, has been issued by the PCA pursuant to Section 6
of this Act.

"The applicant shall pay an application fee in the amount of One hundred pesos (P100.00) for every tree intended to be cut payable to the PCA. Forty pesos (P40.00) of the
fee shall accrue in favor of the PCA, Forty pesos (P40.00) in favor of the municipal government concerned, and Twenty pesos (P20.00) in favor of the barangay unit
concerned. The fees allocated to the PCA shall be used for its replanting program and the fees allocated to the municipal/city government shall be used for the repair and
rehabilitation of roads of the respective local government units which have been damaged by the continuous passage of heavy vehicles used for transporting coconut lumber.
"Fees herein collected shall be deposited with the nearest Land Bank of the Philippines branch or other government depository banks. Fees accruing to the local government
unit shall be remitted within three (3) months in accordance with existing Commission on Audit (COA) rules and regulations.

"No permit to cut shall be granted unless the applicant has secured from the barangay captain of the locality where the cutting will be done, a certification under oath that
he/she has already planted the equivalent number of coconut trees applied for to be cut.

"Such replanting, however, shall not apply to areas converted into industrial, commercial or residential sites or land transformed in accordance with law, into other agricultural
purposes.

"The PCA, in coordination with the local government unit concerned, shall verify if a replanting was implemented and regulate and oversee the fertilization and care of the
newly planted coconut trees. For this purpose, it shall be incumbent upon the PCA to conduct, from time to time, on-the-spot inspections of the sites where the coconut trees
have been planted."

Section 3. A new Section 7 is hereby inserted after Section 6 of this Act, to read as follows:

"SEC. 7. Police Powers. – The PCA shall be vested with the authority to exercise duly delegated police powers for the proper performance of its functions and duties, to wit:

"(a) Investigate suspected violations of this Act;

"(b) Arrest and apprehend any person actually committing or attempting to commit an offense under this Act;

"(c) Arrest and apprehend possessor of coconut lumber without the necessary permit as required under this Act;

"(d) Search and seize a moving vehicle with illegally cut, gathered, collected or removed coconut lumber: Provided, That probable cause for the search is established;

"(e) Stop the transport and/or shipment of coconut lumber without authority or without legal documents in accordance with pertinent laws, regulations or policies on the
matter;

"(f) Confiscate and forfeit in favor of the government the illegally cut, gathered, collected, removed, possessed or abandoned coconut lumber, as well as the machinery,
equipment, implements and tools illegally used in the commission of the offense and to dispose of the same in accordance with pertinent laws, regulations or policies on the
matter; and

"(g) Seek the assistance of other law enforcement agencies for the efficient and effective implementation of this Act."

Section 4. Section 7 of Republic Act No. 8048, hereby renumbered as Section 8, is hereby amended to read as follows:

"SEC. 8. Implementing Rules. – The Philippine Coconut Authority shall be the lead agency to implement the provisions of this Act. For this purpose, the Philippine Coconut
Authority shall prescribe the necessary rules and regulations for the immediate and effective implementation of this Act.

"The PCA, in order to effectively implement the provisions of this Act, may request the assistance of any local government unit, to monitor and ensure compliance with this Act
including its implementing rules and regulations. For this purpose, the PCA may deputize the Philippine National Police or other law enforcement agencies to investigate and
apprehend those caught violating the provisions of this Act, including the confiscation of illegally cut coconut trees. In order to prevent wastage, the PCA shall order the
immediate disposition of confiscated coconut lumber in a manner to be determined by the PCA.

"In addition to the foregoing, the PCA shall also, in coordination, with the local government unit concerned, require the registration of all sawmills, lumberyards, coconut wood
dealers and other persons or entities dealing in the processing and sawing of coconut trees."

Section 5. Section 8 of Republic Act No. 8048, hereby renumbered as Section 9, is hereby amended to read as follows:

"SEC. 9. Penalties. – Those found guilty of violating this Act or any rules and regulations issued pursuant hereto shall, upon conviction, be punished by imprisonment of not
less than two (2) years but not more than six (6) years, or a fine of not less than One hundred thousand pesos (P100,000.00) but not more than Five hundred thousand pesos
(P500,000.00), or both, at the discretion of the court.

"If the offender is a corporation or a juridical entity, the official who ordered, or allowed the commission of the offense shall be punished with the same penalty.

"If the offender is in the government service, he shall, in addition be dismissed from office.

"Upon verification by the PCA that no replanting was done, the barangay captain who issued the certification shall, upon conviction, be penalized with imprisonment of not
less than three (3) years but not more than seven (7) years and a fine of not less than One hundred thousand pesos (P100,000.00) but not more than One million pesos
(P1,000,000.00). Furthermore, the barangay captain concerned shall be perpetually disqualified from holding any other public office."

Section 6. The succeeding sections are hereby renumbered accordingly.

Section 7. Separability Clause. – If any provision or part hereof is held invalid or unconstitutional, the remainder of the law or the provisions not otherwise affected shall
remain valid and subsisting.

Section 8. Repealing Clause. – All laws, issuances or parts thereof inconsistent with this Act are hereby repealed or modified accordingly.1âwphi1

Section 9. Effectivity Clause. – This Act shall take effect after fifteen (15) days from its publication in the Official Gazette or in two (2) newspapers of general circulation.
Approved,

(Sgd.) JUAN PONCE ENRILE (Sgd.) FELICIANO BELMONTE JR.

President of the Senate Speaker of the House of Representatives

This Act which is a consolidation of Senate Bill No. 3366 and House Bill No. 6131 was finally passed by the Senate and the House of Representatives on January 28, 2013
and January 30, 2013, respectively.

(Sgd.) EDWIN B. BELLEN (Sgd.) MARILYN B. BARUA-YAP

Acting Senate Secretary Secretary General
House of Representatives

Approved: MAY 29 2013

(Sgd.) BENIGNO S. AQUINO III

President of the Philippines

Eighth Congress

REPUBLIC ACT No. 6969 October 26, 1990

AN ACT TO CONTROL TOXIC SUBSTANCES AND HAZARDOUS AND NUCLEAR WASTES, PROVIDING PENALTIES FOR
VIOLATIONS THEREOF, AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Section 1. Short title. – This Act shall be known as the "Toxic Substances and Hazardous and Nuclear Wastes Control Act of
1990."

Section 2. Declaration of Policy. – It is the policy of the State to regulate, restrict or prohibit the importation, manufacture,
processing, sale, distribution, use and disposal of chemical substances and mixtures that present unreasonable risk and/or injury to
health or the environment; to prohibit the entry, even in transit, of hazardous and nuclear wastes and their disposal into the
Philippine territorial limits for whatever purpose; and to provide advancement and facilitate research and studies on toxic chemicals.

Section 3. Scope. – This Act shall cover the importation, manufacture, processing, handling, storage, transportation, sale,
distribution, use and disposal of all unregulated chemical substances and mixtures in the Philippines, including the entry, even in
transit as well as the keeping or storage and disposal of hazardous and nuclear wastes into the country for whatever purpose.

Section 4. Objectives. – The objectives of this Act are:

a) To keep an inventory of chemicals that are presently being imported, manufactured, or used, indicating, among others, their
existing and possible uses, test data, names of firms manufacturing or using them, and such other information as may be considered
relevant to the protection of health and the environment;

b) To monitor and regulate the importation, manufacture, processing, handling, storage, transportation, sale, distribution, use and
disposal of chemical substances and mixtures that present unreasonable risk or injury to health or to the environment in accordance
with national policies and international commitments;
c) To inform and educate the populace regarding the hazards and risks attendant to the manufacture, handling, storage,
transportation, processing, distribution, use and disposal of toxic chemicals and other substances and mixture; and

d) To prevent the entry, even in transit, as well as the keeping or storage and disposal of hazardous and nuclear wastes into the
country for whatever purpose.

Section 5. Definition. – As used in this Act:

a) Chemical substance means any organic or inorganic substance of a particular molecular identity, including:

i) Any combination of such substances occurring in whole or in part as a result of chemical reaction or occurring in nature; and

ii) Any element or uncombined chemical.

b) Chemical mixture means any combination of two or more chemical substances if the combination does not occur in nature and is
not, in whole or in part, the result of a chemical reaction, if none of the chemical substances comprising the combination is a new
chemical substance and if the combination could have been manufactured for commercial purposes without a chemical reaction at
the time the chemical substances comprising the combination were combined. This shall include nonbiodegradable mixtures.

c) Process means the preparation of a chemical substance or mixture after its manufacture for commercial distribution:

i) In the same form or physical state or in a different form or physical state from that which it was received by the person so preparing
such substance or mixture; or

ii) As part of an article containing a chemical substance or mixture.

d) Importation means the entry of a products or substances into the Philippines (through the seaports or airports of entry) after
having been properly cleared through or still remaining under customs control, the product or substance of which is intended for
direct consumption, merchandising, warehousing, or for further processing.

e) Manufacture means the mechanical or chemical transformation of substances into new products whether work is performed by
power-driven machines or by hand, whether it is done in a factory or in the worker's home, and whether the products are sold at
wholesale or retail.

f) Unreasonable risk means expected frequency of undesirable effects or adverse responses arising from a given exposure to a
substance.

g) Hazardous substances are substances which present either:

1) short-term acute hazards, such as acute toxicity by ingestion, inhalation or skin absorption, corrosivity or other skin or eye contact
hazards or the risk of fire or explosion; or

2) long-term environmental hazards, including chronic toxicity upon repeated exposure, carcinogenicity (which may in some cases
result from acute exposure but with a long latent period), resistance to detoxification process such as biodegradation, the potential to
pollute underground or surface waters, or aesthetically objectionable properties such as offensive odors.

h) Hazardous wastes are hereby defined as substances that are without any safe commercial, industrial, agricultural or economic
usage and are shipped, transported or brought from the country of origin for dumping or disposal into or in transit through any part of
the territory of the Philippines.

Hazardous wastes shall also refer to by-products, side-products, process residues, spent reaction media, contaminated plant or
equipment or other substances from manufacturing operations, and as consumer discards of manufacture products.

i) Nuclear wastes are hazardous wastes made radioactive by exposure to the radiation incidental to the production or utilization of
nuclear fuels but does not include nuclear fuel, or radioisotopes which have reached the final stage of fabrication so as to be usable
for any scientific, medical, agricultural, commercial, or industrial purpose.
Section 6. Function, Powers and Responsibilities of the Department of Environment and Natural Resources. – The
Department of Environment and Natural Resources shall be the implementing agency tasked with the following functions, powers,
and responsibilities:

a) To keep an updated inventory of chemicals that are presently being manufactured or used, indicating, among others, their
existing and possible uses, quality, test data, names of firms manufacturing or using them, and such other information as the
Secretary may consider relevant to the protection of health and the environment;

b) To require chemical substances and mixtures that present unreasonable risk or injury to health or to the environment to be tested
before they are manufactured or imported for the first time;

c) To require chemical substances and mixtures which are presently being manufactured or processed to be tested if there is a
reason to believe that they pose unreasonable risk or injury to health or the environment;

d) To evaluate the characteristics of chemicals that have been tested to determine their toxicity and the extent of their effects on
health and the environment;

e) To enter into contracts and make grants for research, development, and monitoring of chemical substances and mixtures;

f) To conduct inspection of any establishment in which chemicals are manufactured, processed, stored or held before or after their
commercial distribution and to make recommendations to the proper authorities concerned;

g) To confiscate or impound chemicals found not falling within said acts cannot be enjoined except after the chemicals have been
impounded;

h) To monitor and prevent the entry, even in transit, of hazardous and nuclear wastes and their disposal into the country;

i) To subpoena witnesses and documents and to require other information if necessary to carry out the provisions of this Act;

j) To call on any department, bureau, office, agency, state university or college, and other instrumentalities of the Government for
assistance in the form of personnel, facilities, and other resources as the need arises in the discharge of its functions;

k) To disseminate information and conduct educational awareness campaigns on the effects of chemical substances, mixtures and
wastes on health and environment; and

l) To exercise such powers and perform such other functions as may be necessary to carry out its duties and responsibilities under
this Act.

Section 7. Inter-Agency Technical Advisory Council. – There is hereby created an Inter-Agency Technical Advisory Council
attached to the Department of Environment and Natural Resources which shall be composed of the following officials or their duly
authorized representatives:

Secretary of Environment and Natural Resources Chairman

Secretary of Health Member
Director of the Philippine Nuclear Research Institute Member
Secretary of Trade and Industry Member
Secretary of Science and Technology Member
Secretary of National Defense Member
Secretary of Foreign Affairs Member
Secretary of Labor and Employment Member
Secretary of Finance Member
Secretary of Agriculture Member
Representative from a non-governmental organization on Member
health and safety
The representative from the non-governmental organization shall be appointed by the President for a term of three (3) years.

The Council shall have the following functions:

a) To assist the Department of Environment and Natural Resources in the formulation of the pertinent rules and regulations for the
effective implementation of this Act;

b) To assist the Department of Environment and Natural Resources in the preparation and updating of the inventory of chemical
substances and mixtures that fall within the coverage of this Act;

c) To conduct preliminary evaluation of the characteristics of chemical substances and mixtures to determine their toxicity and
effects on health and the environment and make the necessary recommendations to the Department of Environment and Natural
Resources; and

d) To perform such other functions as the Secretary of Environment and Natural Resources may, from time to time, require.

Section 8. Pre-Manufacture and Pre-Importation Requirements. – Before any new chemical substance or mixture can be
manufactured, processed or imported for the first time as determined by the Department of Environment and Natural Resources, the
manufacturer, processor or importer shall submit the following information: the name of the chemical substance or mixture; its
chemical identity and molecular structure; proposed categories of use; an estimate of the amount to be manufactured, processed or
imported; processing and disposal thereof; and any test data related to health and environmental effects which the manufacturer,
processor or importer has.

Section 9. Chemicals Subject to Testing. – Testing shall be required in all cases where:

a) There is a reason to believe that the chemical substances or mixture may present an unreasonable risk to health or the
environment or there may be substantial human or environmental exposure thereto;

b) There are insufficient data and experience for determining or predicting the health and environmental effects of the chemical
substance or mixture; and

c) The testing of the chemical substance or mixture is necessary to develop such data.

The manufacturers, processors or importers shall shoulder the costs of testing the chemical substance or mixture that will be
manufactured, processed, or imported.

Section 10. Action by the Secretary of Environment and Natural Resources of his Duly Authorized Representative. – The
Secretary of Environment and Natural Resources or his duly authorized representative shall, within ninety (90) days from the date of
filing of the notice of manufacture, processing or importation of a chemical substance or mixture, decide whether or not to regulate or
prohibit its importation, manufacture, processing, sale, distribution, use or disposal. The Secretary may, for justifiable reasons,
extend the ninety-day pre-manufacture period within a reasonable time.

Section 11. Chemical Substances Exempt from Pre-Manufacture Notification. – The manufacture of the following chemical
substances or mixtures shall be exempt from pre-manufacture notification:

a) Those included in the categories of chemical substances and mixtures already listed in the inventory of existing chemicals;

b) Those to be produced in small quantities solely for experimental or research and developmental purposes;

c) Chemical substances and mixtures that will not present an unreasonable risk to health and the environment; and

d) Chemical substances and mixtures that exist temporarily and which have no human or environmental exposure such as those
which exist as a result of chemical reaction in the manufacture or processing of a mixture of another chemical substance.

Section 12. Public Access to Records, Reports or Notification. – The public shall have access to records, reports, or information
concerning chemical substances and mixtures including safety data submitted, data on emission or discharge into the environment,
and such documents shall be available for inspection or reproduction during normal business hours except that the Department of
Environment and Natural resources may consider a record, report or information or particular portions thereof confidential and may
not be made public when such would divulge trade secrets, production or sales figures or methods, production or processes unique
to such manufacturer, processor or distributor, or would otherwise tend to affect adversely the competitive position of such
manufacturer, processor or distributor. The Department of Environment and Natural Resources, however, may release information
subject to claim of confidentiality to a medical research or scientific institution where the information is needed for the purpose of
medical diagnosis or treatment of a person exposed to the chemical substance or mixture.

Section 13. Prohibited Acts. – The following acts and omissions shall be considered unlawful:

a) Knowingly use a chemical substance or mixture which is imported, manufactured, processed or distributed in violation of this Act
or implementing rules and regulations or orders;

b) Failure or refusal to submit reports, notices or other information, access to records, as required by this Act, or permit inspection of
establishment where chemicals are manufactured, processed, stored or otherwise held;

c) Failure or refusal to comply with the pre-manufacture and pre-importation requirements; and

d) Cause, aid or facilitate, directly or indirectly, in the storage, importation, or bringing into Philippines territory, including its maritime
economic zones, even in transit, either by means of land, air or sea transportation or otherwise keeping in storage any amount of
hazardous and nuclear wastes in any part of the Philippines.

Section 14. Criminal Offenses and Penalties. –

a) (i) The penalty of imprisonment of six (6) months and one day to six (6) years and one day and a fine ranging from Six hundred
pesos (P600.00) to Four thousand pesos (P4,000.00) shall be imposed upon any person who shall violate section 13 (a) to (c) of this
Act and shall not be covered by the Probation Law.f the offender is a foreigner, he or she shall be deported and barred from any
subsequent entry into the Philippines after serving his or her sentence;

ii) In case any violation of this Act is committed by a partnership, corporation, association or any juridical person, the partner,
president, director or manager who shall consent to or shall knowingly tolerate such violation shall be directly liable and responsible
for the act of the employee and shall be criminally liable as a co-principal;

(iii) In case the offender is a government official or employee, he or she shall, in addition to the above penalties, be deemed
automatically dismissed from office and permanently disqualified from holding any elective or appointive position.

b) (i) The penalty of imprisonment of twelve (12) years and one day to twenty (20) years, shall be imposed upon any person who
shall violate section 13 (d) of this Act.f the offender is a foreigner, he or she shall be deported and barred from any subsequent entry
into the Philippines after serving his or her sentence;

(ii) In the case of corporations or other associations, the above penalty shall be imposed upon the managing partner, president or
chief executive in addition to an exemplary damage of at least Five hundred thousand pesos (P500,000.00).f it is a foreign firm, the
director and all officers of such foreign firm shall be barred from entry into the Philippines, in addition to the cancellation of its license
to do business in the Philippines;

(iii) In case the offender is a government official or employee, he or she in addition to the above penalties be deemed automatically
dismissed from office and permanently disqualified from holding any elective or appointive position.

c) Every penalty imposed for the unlawful importation, entry, transport, manufacture, processing, sale or distribution of chemical
substances or mixtures into or within the Philippines shall carry with it the confiscation and forfeiture in favor of the Government of
the proceeds of the unlawful act and instruments, tools or other improvements including vehicles, sea vessels, and aircrafts used in
or with which the offense was committed. Chemical substances so confiscated and forfeited by the Government at its option shall be
turned over to the Department of Environment and Natural resources for safekeeping and proper disposal.

d) The person or firm responsible or connected with the bringing or importation into the country of hazardous or nuclear wastes shall
be under obligation to transport or send back said prohibited wastes;

Any and all means of transportation, including all facilities and appurtenances that may have been used in transporting to or in the
storage in the Philippines of any significant amount of hazardous or nuclear wastes shall at the option of the government be forfeited
in its favor.
Section 15. Administrative Fines. – In all cases of violations of this Act, including violations of implementing rules and regulations
which have been duly promulgated and published in accordance with Section 16 of this Act, the Secretary of Environment and
Natural Resources is hereby authorized to impose a fine of not less than Ten thousand pesos (P10,000.00), but not more than Fifty
thousand pesos (P50,000.00) upon any person or entity found guilty thereof. The administrative fines imposed and collected by the
Department of Environment and Natural Resources shall accrue to a special fund to be administered by the Department exclusively
for projects and research activities relative to toxic substances and mixtures.

Section 16. Promulgation of Rules and Regulations. – The Department of Environment and Natural Resources, in coordination
with the member agencies of the Inter-Agency Technical Advisory Council, shall prepare and publish the rules and regulations
implementing this Act within six months from the date of its effectivity.

Section 17. Appropriations. – Such amount as may be necessary to implement the provisions of this Act is hereby annually
appropriated and included in the budget of the Department of Environment and Natural Resources.

Section 18. Separability Clause. – If any provision of this Act is declared void or unconstitutional, the remaining provisions thereof
not affected thereby shall remain in full force and effect.

Section 19. Repealing Clause. – All laws, presidential decrees, executive orders and issuances, and rules and regulations which
are inconsistent with this Act are hereby repealed or modified accordingly.

Section 20. Effectivity. – This Act shall take effect after fifteen (15) days following its publication in the Official Gazette or in any
newspaper of general circulation.

Approved: October 26, 1990

The Lawphil Project - Arellano Law Foundation

Republic of the Philippines

SUPREME COURT
Manila

A.M. No. 09-6-8-SC

RULES OF PROCEDURE FOR ENVIRONMENTAL CASES

RESOLUTION

Acting on the recommendation of the Chairperson of the Sub-committee on the Rules of Procedure for
Environmental Cases submitting for this Court’s consideration and approval the proposed Rules of Procedure for
Environmental Cases, the Court Resolved to APPROVE the same.

These Rules shall take effect within fifteen (15) days following its publication once in a newspaper of general
circulation.

April 13, 2010.

REYNATO S. PUNO
Chief Justice

ANTONIO T. CARPIO RENATO C. CORONA

Associate Justice Associate Justice

(on leave)
PRESBITERO J. VELASCO, JR.
CONCHITA CARPIO MORALES
Associate Justice
Associate Justice
 ANTONIO EDUARDO B. NACHURA TERESITA J. LEONARDO-DE CASTRO
Associate Justice Associate Justice

ARTURO D. BRION DIOSDADO M. PERALTA

Associate Justice Associate Justice

LUCAS P. BERSAMIN MARIANO C. DEL CASTILLO

Associate Justice Associate Justice

ROBERTO A. ABAD MARTIN S. VILLARAMA, JR.

Associate Justice Associate Justice

JOSE P. PEREZ JOSE C. MENDOZA

Associate Justice Associate Justice

The Lawphil Project - Arellano Law Foundation

RULES OF PROCEDURE FOR ENVIRONMENTAL CASES

PART I

RULE 1
GENERAL PROVISIONS

Section 1. Title. — These Rules shall be known as "The Rules of Procedure for Environmental Cases."

Section 2. Scope. — These Rules shall govern the procedure in civil, criminal and special civil actions before the
Regional Trial Courts, Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts and
Municipal Circuit Trial Courts involving enforcement or violations of environmental and other related laws, rules
and regulations such as but not limited to the following:

(a) Act No. 3572, Prohibition Against Cutting of Tindalo, Akli, and Molave Trees;

(b) P.D. No. 705, Revised Forestry Code;

(c) P.D. No. 856, Sanitation Code;

(d) P.D. No. 979, Marine Pollution Decree;

(e) P.D. No. 1067, Water Code;

(f) P.D. No. 1151, Philippine Environmental Policy of 1977;

(g) P.D. No. 1433, Plant Quarantine Law of 1978;

(h) P.D. No. 1586, Establishing an Environmental Impact Statement System Including Other Environmental
Management Related Measures and for Other Purposes;
(i) R.A. No. 3571, Prohibition Against the Cutting, Destroying or Injuring of Planted or Growing Trees, Flowering
Plants and Shrubs or Plants of Scenic Value along Public Roads, in Plazas, Parks, School Premises or in any
Other Public Ground;

(j) R.A. No. 4850, Laguna Lake Development Authority Act;

(k) R.A. No. 6969, Toxic Substances and Hazardous Waste Act;

(l) R.A. No. 7076, People’s Small-Scale Mining Act;

(m) R.A. No. 7586, National Integrated Protected Areas System Act including all laws, decrees, orders,
proclamations and issuances establishing protected areas;

(n) R.A. No. 7611, Strategic Environmental Plan for Palawan Act;

(o) R.A. No. 7942, Philippine Mining Act;

(p) R.A. No. 8371, Indigenous Peoples Rights Act;

(q) R.A. No. 8550, Philippine Fisheries Code;

(r) R.A. No. 8749, Clean Air Act;

(s) R.A. No. 9003, Ecological Solid Waste Management Act;

(t) R.A. No. 9072, National Caves and Cave Resource Management Act;

(u) R.A. No. 9147, Wildlife Conservation and Protection Act;

(v) R.A. No. 9175, Chainsaw Act;

(w) R.A. No. 9275, Clean Water Act;

(x) R.A. No. 9483, Oil Spill Compensation Act of 2007; and

(y) Provisions in C.A. No. 141, The Public Land Act; R.A. No. 6657, Comprehensive Agrarian Reform Law of 1988;
R.A. No. 7160, Local Government Code of 1991; R.A. No. 7161, Tax Laws Incorporated in the Revised Forestry
Code and Other Environmental Laws (Amending the NIRC); R.A. No. 7308, Seed Industry Development Act of
1992; R.A. No. 7900, High-Value Crops Development

Rules of Procedure for Environmental Cases Act; R.A. No. 8048, Coconut Preservation Act; R.A. No. 8435,
Agriculture and Fisheries Modernization Act of 1997; R.A. No. 9522, The Philippine Archipelagic Baselines Law;
R.A. No. 9593, Renewable Energy Act of 2008; R.A. No. 9637, Philippine Biofuels Act; and other existing laws that
relate to the conservation, development, preservation, protection and utilization of the environment and natural
resources.

Section 3. Objectives. - The objectives of these Rules are:

(a) To protect and advance the constitutional right of the people to a balanced and healthful ecology;

(b) To provide a simplified, speedy and inexpensive procedure for the enforcement of environmental rights and
duties recognized under the Constitution, existing laws, rules and regulations, and international agreements;

(c) To introduce and adopt innovations and best practices ensuring the effective enforcement of remedies and
redress for violation of environmental laws; and

(d) To enable the courts to monitor and exact compliance with orders and judgments in environmental cases.

Section 4. Definition of Terms. -

(a) By-product or derivatives means any part taken or substance extracted from wildlife, in raw or in processed
form including stuffed animals and herbarium specimens. 1avvphi1

(b) Consent decree refers to a judicially-approved settlement between concerned parties based on public interest
and public policy to protect and preserve the environment.

(c) Continuing mandamus is a writ issued by a court in an environmental case directing any agency or
instrumentality of the government or officer thereof to perform an act or series of acts decreed by final judgment
which shall remain effective until judgment is fully satisfied.

(d) 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.

(e) Mineral refers to all naturally occurring inorganic substance in solid, gas, liquid, or any intermediate state
excluding energy materials such as coal, petroleum, natural gas, radioactive materials and geothermal energy.

(f) Precautionary principle states that when human activities may lead to threats of serious and irreversible
damage to the environment that is scientifically plausible but uncertain, actions shall be taken to avoid or diminish
that threat.

(g) Strategic lawsuit against public participation (SLAPP) refers to an action whether civil, criminal or
administrative, brought against any person, institution or any government agency or local government unit or its
officials and employees, with the intent to harass, vex, exert undue pressure or stifle any legal recourse that such
person, institution or government agency has taken or may take in the enforcement of environmental laws,
protection of the environment or assertion of environmental rights.

(h) Wildlife means wild forms and varieties of flora and fauna, in all developmental stages including those which
are in captivity or are being bred or propagated.

PART II
CIVIL PROCEDURE

RULE 2
PLEADINGS AND PARTIES

Section 1. Pleadings and motions allowed. — The pleadings and motions that may be filed are complaint, answer
which may include compulsory counterclaim and cross-claim, motion for intervention, motion for discovery and
motion for reconsideration of the judgment.

Motion for postponement, motion for new trial and petition for relief from judgment shall be allowed in highly
meritorious cases or to prevent a manifest miscarriage of justice.

Section 2. Prohibited pleadings or motions. — The following pleadings or motions shall not be allowed:

(a) Motion to dismiss the complaint;

(b) Motion for a bill of particulars;

(c) Motion for extension of time to file pleadings, except to file answer, the extension not to exceed fifteen (15)
days;

(d) Motion to declare the defendant in default;

(e) Reply and rejoinder; and

(f) Third party complaint.

Section 3. Verified complaint. — The verified complaint shall contain the names of the parties, their addresses,
the cause of action and the reliefs prayed for.

The plaintiff shall attach to the verified complaint all evidence proving or supporting the cause of action consisting
of the affidavits of witnesses, documentary evidence and if possible, object evidence. The affidavits shall be in
question and answer form and shall comply with the rules of admissibility of evidence.

The complaint shall state that it is an environmental case and the law involved. The complaint shall also include a
certification against forum shopping. If the complaint is not an environmental complaint, the presiding judge shall
refer it to the executive judge for re-raffle.

Section 4. Who may file. — Any real party in interest, including the government and juridical entities authorized by
law, may file a civil action involving the enforcement or violation of any environmental law.

Section 5. Citizen suit. — Any Filipino citizen in representation of others, including minors or generations yet
unborn, may file an action to enforce rights or obligations under environmental laws. Upon the filing of a citizen
suit, the court shall issue an order which shall contain a brief description of the cause of action and the reliefs
prayed for, requiring all interested parties to manifest their interest to intervene in the case within fifteen (15) days
from notice thereof. The plaintiff may publish the order once in a newspaper of a general circulation in the
Philippines or furnish all affected barangays copies of said order.

Citizen suits filed under R.A. No. 8749 and R.A. No. 9003 shall be governed by their respective provisions.

Section 6. Service of the complaint on the government or its agencies. - Upon the filing of the complaint, the
plaintiff is required to furnish the government or the appropriate agency, although not a party, a copy of the
complaint. Proof of service upon the government or the appropriate agency shall be attached to the complaint.

Section 7. Assignment by raffle. - If there is only one (1) designated branch in a multiple-sala court, the executive
judge shall immediately refer the case to said branch. If there are two (2) or more designated branches, the
executive judge shall conduct a special raffle on the day the complaint is filed.

Section 8. Issuance of Temporary Environmental Protection Order (TEPO). - If it appears from the verified
complaint with a prayer for the issuance of an Environmental Protection Order (EPO) that the matter is of extreme
urgency and the applicant will suffer grave injustice and irreparable injury, the executive judge of the multiple-sala
court before raffle or the presiding judge of a single-sala court as the case may be, may issue ex parte a TEPO
effective for only seventy-two (72) hours from date of the receipt of the TEPO by the party or person enjoined.
Within said period, the court where the case is assigned, shall conduct a summary hearing to determine whether
the TEPO may be extended until the termination of the case.

The court where the case is assigned, shall periodically monitor the existence of acts that are the subject matter of
the TEPO even if issued by the executive judge, and may lift the same at any time as circumstances may warrant.

The applicant shall be exempted from the posting of a bond for the issuance of a TEPO.

Section 9. Action on motion for dissolution of TEPO. - The grounds for motion to dissolve a TEPO shall be
supported by affidavits of the party or person enjoined which the applicant may oppose, also by affidavits.

The TEPO may be dissolved if it appears after hearing that its issuance or continuance would cause irreparable
damage to the party or person enjoined while the applicant may be fully compensated for such damages as he
may suffer and subject to the posting of a sufficient bond by the party or person enjoined.

Section 10. Prohibition against temporary restraining order (TRO) and preliminary injunction. - Except the
Supreme Court, no court can issue a TRO or writ of preliminary injunction against lawful actions of government
agencies that enforce environmental laws or prevent violations thereof.

Section 11. Report on TEPO, EPO, TRO or preliminary injunction. - The judge shall report any action taken on a
TEPO, EPO, TRO or a preliminary injunction, including its modification and dissolution, to the Supreme Court,
through the Office of the Court Administrator, within ten (10) days from the action taken.

Section 12. Payment of filing and other legal fees. - The payment of filing and other legal fees by the plaintiff shall
be deferred until after judgment unless the plaintiff is allowed to litigate as an indigent. It shall constitute a first lien
on the judgment award.

For a citizen suit, the court shall defer the payment of filing and other legal fees that shall serve as first lien on the
judgment award.

Section 13. Service of summons, orders and other court processes. - The summons, orders and other court
processes may be served by the sheriff, his deputy or other proper court officer or for justifiable reasons, by the
counsel or representative of the plaintiff or any suitable person authorized or deputized by the court issuing the
summons.

Any private person who is authorized or deputized by the court to serve summons, orders and other court
processes shall for that purpose be considered an officer of the court.

The summons shall be served on the defendant, together with a copy of an order informing all parties that they
have fifteen (15) days from the filing of an answer, within which to avail of interrogatories to parties under Rule 25
of the Rules of Court and request for admission by adverse party under Rule 26, or at their discretion, make use of
depositions under Rule 23 or other measures under Rules 27 and 28.

Should personal and substituted service fail, summons by publication shall be allowed. In the case of juridical
entities, summons by publication shall be done by indicating the names of the officers or their duly authorized
representatives.

Section 14. Verified answer. - Within fifteen (15) days from receipt of summons, the defendant shall file a verified
answer to the complaint and serve a copy thereof on the plaintiff. The defendant shall attach affidavits of
witnesses, reports, studies of experts and all evidence in support of the defense.

Affirmative and special defenses not pleaded shall be deemed waived, except lack of jurisdiction.

Cross-claims and compulsory counterclaims not asserted shall be considered barred. The answer to
counterclaims or cross-claims shall be filed and served within ten (10) days from service of the answer in which
they are pleaded.

Section 15. Effect of failure to answer. - Should the defendant fail to answer the complaint within the period
provided, the court shall declare defendant in default and upon motion of the plaintiff, shall receive evidence ex
parte and render judgment based thereon and the reliefs prayed for.

RULE 3
PRE-TRIAL

Section 1. Notice of pre-trial. - Within two (2) days from the filing of the answer to the counterclaim or cross-claim,
if any, the branch clerk of court shall issue a notice of the pre-trial to be held not later than one (1) month from the
filing of the last pleading.

The court shall schedule the pre-trial and set as many pre-trial conferences as may be necessary within a period of
two (2) months counted from the date of the first pre-trial conference.

Section 2. Pre-trial brief. - At least three (3) days before the pretrial, the parties shall submit pre-trial briefs
containing the following:

(a) A statement of their willingness to enter into an amicable settlement indicating the desired terms thereof or to
submit the case to any of the alternative modes of dispute resolution;

(b) A summary of admitted facts and proposed stipulation of facts;

(c) The legal and factual issues to be tried or resolved. For each factual issue, the parties shall state all evidence to
support their positions thereon. For each legal issue, parties shall state the applicable law and jurisprudence
supporting their respective positions thereon;
(d) The documents or exhibits to be presented, including depositions, answers to interrogatories and answers to
written request for admission by adverse party, stating the purpose thereof;

(e) A manifestation of their having availed of discovery procedures or their intention to avail themselves of referral
to a commissioner or panel of experts;

(f) The number and names of the witnesses and the substance of their affidavits;

(g) Clarificatory questions from the parties; and

(h) List of cases arising out of the same facts pending before other courts or administrative agencies. Failure to
comply with the required contents of a pre-trial brief may be a ground for contempt.

Failure to file the pre-trial brief shall have the same effect as failure to appear at the pre-trial.

Section 3. Referral to mediation. - At the start of the pre-trial conference, the court shall inquire from the parties if
they have settled the dispute; otherwise, the court shall immediately refer the parties or their counsel, if authorized
by their clients, to the Philippine Mediation Center (PMC) unit for purposes of mediation. If not available, the court
shall refer the case to the clerk of court or legal researcher for mediation.

Mediation must be conducted within a non-extendible period of thirty (30) days from receipt of notice of referral to
mediation.

The mediation report must be submitted within ten (10) days from the expiration of the 30-day period.

Section 4. Preliminary conference. - If mediation fails, the court will schedule the continuance of the pre-trial.
Before the scheduled date of continuance, the court may refer the case to the branch clerk of court for a
preliminary conference for the following purposes:

(a) To assist the parties in reaching a settlement;

(b) To mark the documents or exhibits to be presented by the parties and copies thereof to be attached to the
records after comparison with the originals;

(c) To ascertain from the parties the undisputed facts and admissions on the genuineness and due execution of
the documents marked as exhibits;

(d) To require the parties to submit the depositions taken under Rule 23 of the Rules of Court, the answers to
written interrogatories under Rule 25, and the answers to request for admissions by the adverse party under Rule
26;

(e) To require the production of documents or things requested by a party under Rule 27 and the results of the
physical and mental examination of persons under Rule 28;

(f) To consider such other matters as may aid in its prompt disposition;

(g) To record the proceedings in the "Minutes of Preliminary Conference" to be signed by both parties or their
counsels;

(h) To mark the affidavits of witnesses which shall be in question and answer form and shall constitute the direct
examination of the witnesses; and

(i) To attach the minutes together with the marked exhibits before the pre-trial proper.

The parties or their counsel must submit to the branch clerk of court the names, addresses and contact numbers of
the affiants.

During the preliminary conference, the branch clerk of court shall also require the parties to submit the depositions
taken under Rule 23 of the Rules of Court, the answers to written interrogatories under Rule 25 and the answers to
request for admissions by the adverse party under Rule 26. The branch clerk of court may also require the
production of documents or things requested by a party under Rule 27 and the results of the physical and mental
examination of persons under Rule 28.

Section 5. Pre-trial conference; consent decree. - The judge shall put the parties and their counsels under oath,
and they shall remain under oath in all pre-trial conferences.

The judge shall exert best efforts to persuade the parties to arrive at a settlement of the dispute. The judge may
issue a consent decree approving the agreement between the parties in accordance with law, morals, public order
and public policy to protect the right of the people to a balanced and healthful ecology.

Evidence not presented during the pre-trial, except newly-discovered evidence, shall be deemed waived.

Section 6. Failure to settle. - If there is no full settlement, the judge shall:

(a) Adopt the minutes of the preliminary conference as part of the pre-trial proceedings and confirm the markings
of exhibits or substituted photocopies and admissions on the genuineness and due execution of documents;

(b) Determine if there are cases arising out of the same facts pending before other courts and order its
consolidation if warranted;

(c) Determine if the pleadings are in order and if not, order the amendments if necessary;

(d) Determine if interlocutory issues are involved and resolve the same;

(e) Consider the adding or dropping of parties;

(f) Scrutinize every single allegation of the complaint, answer and other pleadings and attachments thereto, and
the contents of documents and all other evidence identified and pre-marked during pre-trial in determining further
admissions;

(g) Obtain admissions based on the affidavits of witnesses and evidence attached to the pleadings or submitted
during pre-trial;

(h) Define and simplify the factual and legal issues arising from the pleadings and evidence. Uncontroverted
issues and frivolous claims or defenses should be eliminated;

(i) Discuss the propriety of rendering a summary judgment or a judgment based on the pleadings, evidence and
admissions made during pre-trial;

(j) Observe the Most Important Witness Rule in limiting the number of witnesses, determining the facts to be
proved by each witness and fixing the approximate number of hours per witness;

(k) Encourage referral of the case to a trial by commissioner under Rule 32 of the Rules of Court or to a mediator
or arbitrator under any of the alternative modes of dispute resolution governed by the Special Rules of Court on
Alternative Dispute Resolution;

(l) Determine the necessity of engaging the services of a qualified expert as a friend of the court (amicus curiae);
and

(m) Ask parties to agree on the specific trial dates for continuous trial, comply with the one-day examination of
witness rule, adhere to the case flow chart determined by the court which shall contain the different stages of the
proceedings up to the promulgation of the decision and use the time frame for each stage in setting the trial dates.

Section 7. Effect of failure to appear at pre-trial. - The court shall not dismiss the complaint, except upon repeated
and unjustified failure of the plaintiff to appear. The dismissal shall be without prejudice, and the court may
proceed with the counterclaim.

If the defendant fails to appear at the pre-trial, the court shall receive evidence ex parte.
Section 8. Minutes of pre-trial. - The minutes of each pre-trial conference shall contain matters taken up therein,
more particularly admissions of facts and exhibits, and shall be signed by the parties and their counsel.

Section 9. Pre-trial order. - Within ten (10) days after the termination of the pre-trial, the court shall issue a pre-trial
order setting forth the actions taken during the pre-trial conference, the facts stipulated, the admissions made, the
evidence marked, the number of witnesses to be presented and the schedule of trial. Said order shall bind the
parties, limit the trial to matters not disposed of and control the course of action during the trial.

Section 10. Efforts to settle. - The court shall endeavor to make the parties agree to compromise or settle in
accordance with law at any stage of the proceedings before rendition of judgment.

RULE 4
TRIAL

Section 1. Continuous trial. - The judge shall conduct continuous trial which shall not exceed two (2) months from
the date of the issuance of the pre-trial order.

Before the expiration of the two-month period, the judge may ask the Supreme Court for the extension of the trial
period for justifiable cause.

Section 2. Affidavits in lieu of direct examination. - In lieu of direct examination, affidavits marked during the
pre-trial shall be presented as direct examination of affiants subject to cross-

examination by the adverse party.

Section 3. One-day examination of witness rule. - The court shall strictly adhere to the rule that a witness has to
be fully examined in one (1) day, subject to the court’s discretion of extending the examination for justifiable
reason. After the presentation of the last witness, only oral offer of evidence shall be allowed, and the opposing
party shall immediately interpose his objections. The judge shall forthwith rule on the offer of evidence in open
court.

Section 4. Submission of case for decision; filing of memoranda. - After the last party has rested its case, the court
shall issue an order submitting the case for decision.

The court may require the parties to submit their respective memoranda, if possible in electronic form, within a
non-extendible period of thirty (30) days from the date the case is submitted for decision.

The court shall have a period of sixty (60) days to decide the case from the date the case is submitted for decision.

Section 5. Period to try and decide. - The court shall have a period of one (1) year from the filing of the complaint
to try and decide the case. Before the expiration of the one-year period, the court may petition the Supreme Court
for the extension of the period for justifiable cause.

The court shall prioritize the adjudication of environmental cases.

RULE 5
JUDGMENT AND EXECUTION

Section 1. Reliefs in a citizen suit. - If warranted, the court may grant to the plaintiff proper reliefs which shall
include the protection, preservation or rehabilitation of the environment and the payment of attorney’s fees, costs
of suit and other litigation expenses. It may also require the violator to submit a program of rehabilitation or
restoration of the environment, the costs of which shall be borne by the violator, or to contribute to a special trust
fund for that purpose subject to the control of the court.

Section 2. Judgment not stayed by appeal. - Any judgment directing the performance of acts for the protection,
preservation or rehabilitation of the environment shall be executory pending appeal unless restrained by the
appellate court.

Section 3. Permanent EPO; writ of continuing mandamus. - In the judgment, the court may convert the TEPO to a
permanent EPO or issue a writ of continuing mandamus directing the performance of acts which shall be effective
until the judgment is fully satisfied.

The court may, by itself or through the appropriate government agency, monitor the execution of the judgment and
require the party concerned to submit written reports on a quarterly basis or sooner as may be necessary, detailing
the progress of the execution and satisfaction of the judgment. The other party may, at its option, submit its
comments or observations on the execution of the judgment.

Section 4. Monitoring of compliance with judgment and orders of the court by a commissioner. - The court may
motu proprio, or upon motion of the prevailing party, order that the enforcement of the judgment or order be
referred to a commissioner to be appointed by the court. The commissioner shall file with the court written
progress reports on a quarterly basis or more frequently when necessary.

Section 5. Return of writ of execution. - The process of execution shall terminate upon a sufficient showing that
the decision or order has been implemented to the satisfaction of the court in accordance with Section 14, Rule 39
of the Rules of Court.

RULE 6
STRATEGIC LAWSUIT AGAINST PUBLIC PARTICIPATION

Section 1. Strategic lawsuit against public participation (SLAPP). - A legal action filed to harass, vex, exert undue
pressure or stifle any legal recourse that any person, institution or the government has taken or may take in the
enforcement of environmental laws, protection of the environment or assertion of environmental rights shall be
treated as a SLAPP and shall be governed by these Rules.

Section 2. SLAPP as a defense; how alleged. - In a SLAPP filed against a person involved in the enforcement of
environmental laws, protection of the environment, or assertion of environmental rights, the defendant may file an
answer interposing as a defense that the case is a SLAPP and shall be supported by documents, affidavits, papers
and other evidence; and, by way of counterclaim, pray for damages, attorney’s fees and costs of suit.

The court shall direct the plaintiff or adverse party to file an opposition showing the suit is not a SLAPP, attaching
evidence in support thereof, within a non-extendible period of five (5) days from receipt of notice that an answer
has been filed.

The defense of a SLAPP shall be set for hearing by the court after issuance of the order to file an opposition within
fifteen (15) days from filing of the comment or the lapse of the period.

Section 3. Summary hearing. - The hearing on the defense of a SLAPP shall be summary in nature. The parties
must submit all available evidence in support of their respective positions. The party seeking the dismissal of the
case must prove by substantial evidence that his act for the enforcement of environmental law is a legitimate
action for the protection, preservation and rehabilitation of the environment. The party filing the action assailed as
a SLAPP shall prove by preponderance of evidence that the action is not a SLAPP and is a valid claim.

Section 4. Resolution of the defense of a SLAPP. - The affirmative defense of a SLAPP shall be resolved within
thirty (30) days after the summary hearing. If the court dismisses the action, the court may award damages,
attorney’s fees and costs of suit under a counterclaim if such has been filed. The dismissal shall be with prejudice.

If the court rejects the defense of a SLAPP, the evidence adduced during the summary hearing shall be treated as
evidence of the parties on the merits of the case. The action shall proceed in accordance with the Rules of Court.

PART III
SPECIAL CIVIL ACTIONS

RULE 7
WRIT OF KALIKASAN

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

Section 2. Contents of the petition. - The verified petition shall contain the following:

(a) The personal circumstances of the petitioner;

(b) The name and personal circumstances of the respondent or if the name and personal circumstances are
unknown and uncertain, the respondent may be described by an assumed appellation;

(c) The environmental law, rule or regulation violated or threatened to be violated, the act or omission complained
of, and the environmental damage of such magnitude as to prejudice the life, health or property of inhabitants in
two or more cities or provinces.

(d) All relevant and material evidence consisting of the affidavits of witnesses, documentary evidence, scientific or
other expert studies, and if possible, object evidence;

(e) The certification of petitioner under oath that: (1) petitioner has not commenced any action or filed any claim
involving the same issues in any court, tribunal or quasi-judicial agency, and no such other action or claim is
pending therein; (2) if there is such other pending action or claim, a complete statement of its present status; (3) if
petitioner should learn that the same or similar action or claim has been filed or is pending, petitioner shall report to
the court that fact within five (5) days therefrom; and

(f) The reliefs prayed for which may include a prayer for the issuance of a TEPO.

Section 3. Where to file. - The petition shall be filed with the Supreme Court or with any of the stations of the Court
of Appeals.

Section 4. No docket fees. - The petitioner shall be exempt from the payment of docket

fees.

Section 5. Issuance of the writ. - Within three (3) days from the date of filing of the petition, if the petition is
sufficient in form and substance, the court shall give an order: (a) issuing the writ; and (b) requiring the respondent
to file a verified return as provided in Section 8 of this Rule. The clerk of court shall forthwith issue the writ under
the seal of the court including the issuance of a cease and desist order and other temporary reliefs effective until
further order.

Section 6. How the writ is served. - The writ shall be served upon the respondent by a court officer or any person
deputized by the court, who shall retain a copy on which to make a return of service. In case the writ cannot be
served personally, the rule on substituted service shall apply.

Section 7. Penalty for refusing to issue or serve the writ. - A clerk of court who unduly delays or refuses to issue
the writ after its allowance or a court officer or deputized person who unduly delays or refuses to serve the same
shall be punished by the court for contempt without prejudice to other civil, criminal or administrative actions.

Section 8. Return of respondent; contents. - Within a non-extendible period of ten (10) days after service of the
writ, the respondent shall file a verified return which shall contain all defenses to show that respondent did not
violate or threaten to violate, or allow the violation of any environmental law, rule or regulation or commit any act
resulting to environmental damage of such magnitude as to prejudice the life, health or property of inhabitants in
two or more cities or provinces.

All defenses not raised in the return shall be deemed waived.

The return shall include affidavits of witnesses, documentary evidence, scientific or other expert studies, and if
possible, object evidence, in support of the defense of the respondent.

A general denial of allegations in the petition shall be considered as an admission thereof.

Section 9. Prohibited pleadings and motions. - The following pleadings and motions are prohibited:

(a) Motion to dismiss;

(b) Motion for extension of time to file return;

(c) Motion for postponement;

(d) Motion for a bill of particulars;

(e) Counterclaim or cross-claim;

(f) Third-party complaint;

(g) Reply; and

(h) Motion to declare respondent in default.

Section 10. Effect of failure to file return. - In case the respondent fails to file a return, the court shall proceed to
hear the petition ex parte.

Section 11. Hearing. - Upon receipt of the return of the respondent, the court may call a preliminary conference to
simplify the issues, determine the possibility of obtaining stipulations or admissions from the parties, and set the
petition for hearing.

The hearing including the preliminary conference shall not extend beyond sixty (60) days and shall be given the
same priority as petitions for the writs of habeas corpus, amparo and habeas data.

Section 12. Discovery Measures. - A party may file a verified motion for the following reliefs:

(a) Ocular Inspection; order — The motion must show that an ocular inspection order is necessary to establish the
magnitude of the violation or the threat as to prejudice the life, health or property of inhabitants in two or more cities
or provinces. It shall state in detail the place or places to be inspected. It shall be supported by affidavits of
witnesses having personal knowledge of the violation or threatened violation of environmental law.

After hearing, the court may order any person in possession or control of a designated land or other property to
permit entry for the purpose of inspecting or

photographing the property or any relevant object or operation thereon.

The order shall specify the person or persons authorized to make the inspection and the date, time, place and
manner of making the inspection and may prescribe other conditions to protect the constitutional rights of all
parties.

(b) Production or inspection of documents or things; order – The motion must show that a production order is
necessary to establish the magnitude of the violation or the threat as to prejudice the life, health or property of
inhabitants in two or more cities or provinces.

After hearing, the court may order any person in possession, custody or control of any designated documents,
papers, books, accounts, letters, photographs, objects or tangible things, or objects in digitized or electronic form,
which constitute or contain evidence relevant to the petition or the return, to produce and permit their inspection,
copying or photographing by or on behalf of the movant.

The production order shall specify the person or persons authorized to make the production and the date, time,
place and manner of making the inspection or production and may prescribe other conditions to protect the
constitutional rights of all parties.

Section 13. Contempt. - The court may after hearing punish the respondent who refuses or unduly delays the
filing of a return, or who makes a false return, or any person who disobeys or resists a lawful process or order of
the court for indirect contempt under Rule 71 of the Rules of Court.

Section 14. Submission of case for decision; filing of memoranda. - After hearing, the court shall issue an order
submitting the case for decision. The court may require the filing of memoranda and if possible, in its electronic
form, within a non-extendible period of thirty (30) days from the date the petition is submitted for decision.

Section 15. Judgment. - Within sixty (60) days from the time the petition is submitted for decision, the court shall
render judgment granting or denying the privilege of the writ of kalikasan.

The reliefs that may be granted under the writ are the following:

(a) Directing respondent to permanently cease and desist from committing acts or neglecting the performance of a
duty in violation of environmental laws resulting in environmental destruction or damage;

(b) Directing the respondent public official, government agency, private person or entity to protect, preserve,
rehabilitate or restore the environment;

(c) Directing the respondent public official, government agency, private person or entity to monitor strict
compliance with the decision and orders of the court;

(d) Directing the respondent public official, government agency, or private person or entity to make periodic reports
on the execution of the final judgment; and

(e) Such other reliefs which relate to the right of the people to a balanced and healthful ecology or to the protection,
preservation, rehabilitation or restoration of the

environment, except the award of damages to individual petitioners.

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

Section 17. Institution of separate actions. - The filing of a petition for the issuance of the writ of kalikasan shall not
preclude the filing of separate civil, criminal or administrative actions.

RULE 8
WRIT OF CONTINUING MANDAMUS

Section 1. Petition for continuing mandamus. - When any agency or instrumentality of the government or officer
thereof unlawfully neglects the performance of an act which the law specifically enjoins as a duty resulting from an
office, trust or station in connection with the enforcement or violation of an environmental law rule or regulation or a
right therein, or unlawfully excludes another from the use or enjoyment of such right and there is no other plain,
speedy and adequate remedy in the ordinary course of law, the person aggrieved thereby may file a verified
petition in the proper court, alleging the facts with certainty, attaching thereto supporting evidence, specifying that
the petition concerns an environmental law, rule or regulation, and praying that judgment be rendered
commanding the respondent to do an act or series of acts until the judgment is fully satisfied, and to pay damages
sustained by the petitioner by reason of the malicious neglect to perform the duties of the respondent, under the
law, rules or regulations. The petition shall also contain a sworn certification of non-forum shopping.

Section 2. Where to file the petition. - The petition shall be filed with the Regional Trial Court exercising jurisdiction
over the territory where the actionable neglect or omission occurred or with the Court of Appeals or the Supreme
Court.

Section 3. No docket fees. - The petitioner shall be exempt from the payment of docket fees.

Section 4. Order to comment. - If the petition is sufficient in form and substance, the court shall issue the writ and
require the respondent to comment on the petition within ten (10) days from receipt of a copy thereof. Such order
shall be served on the respondents in such manner as the court may direct, together with a copy of the petition and
any annexes thereto.
Section 5. Expediting proceedings; TEPO. - The court in which the petition is filed may issue such orders to
expedite the proceedings, and it may also grant a TEPO for the preservation of the rights of the parties pending
such proceedings.

Section 6. Proceedings after comment is filed. - After the comment is filed or the time for the filing thereof has
expired, the court may hear the case which shall be summary in nature or require the parties to submit
memoranda. The petition shall be resolved without delay within sixty (60) days from the date of the submission of
the petition for resolution.

Section 7. Judgment. - If warranted, the court shall grant the privilege of the writ of continuing mandamus
requiring respondent to perform an act or series of acts until the judgment is fully satisfied and to grant such other
reliefs as may be warranted resulting from the wrongful or illegal acts of the respondent. The court shall require the
respondent to submit periodic reports detailing the progress and execution of the judgment, and the court may, by
itself or through a commissioner or the appropriate government agency, evaluate and monitor compliance. The
petitioner may submit its comments or observations on the execution of the judgment.

Section 8. Return of the writ. - The periodic reports submitted by the respondent detailing compliance with the
judgment shall be contained in partial returns of the writ.

Upon full satisfaction of the judgment, a final return of the writ shall be made to the court by the respondent. If the
court finds that the judgment has been fully implemented, the satisfaction of judgment shall be entered in the court
docket.

PART IV
CRIMINAL PROCEDURE

RULE 9
PROSECUTION OF OFFENSES

Section 1. Who may file. - Any offended party, peace officer or any public officer charged with the enforcement of
an environmental law may file a complaint before the proper officer in accordance with the Rules of Court.

Section 2. Filing of the information. - An information, charging a person with a violation of an environmental law
and subscribed by the prosecutor, shall be filed with the court.

Section 3. Special prosecutor. - In criminal cases, where there is no private offended party, a counsel whose
services are offered by any person or organization may be allowed by the court as special prosecutor, with the
consent of and subject to the control and supervision of the public prosecutor.

RULE 10
PROSECUTION OF CIVIL ACTIONS

Section 1. Institution of criminal and civil actions. - When a criminal action is instituted, the civil action for the
recovery of civil liability arising from the offense charged, shall be deemed instituted with the criminal action unless
the complainant waives the civil action, reserves the right to institute it separately or institutes the civil action prior
to the criminal action.

Unless the civil action has been instituted prior to the criminal action, the reservation of the right to institute
separately the civil action shall be made during arraignment.

In case civil liability is imposed or damages are awarded, the filing and other legal fees shall be imposed on said
award in accordance with Rule 141 of the Rules of Court, and the fees shall constitute a first lien on the judgment
award. The damages awarded in cases where there is no private offended party, less the filing fees, shall accrue
to the funds of the agency charged with the implementation of the environmental law violated. The award shall be
used for the restoration and rehabilitation of the environment adversely affected.

RULE 11
ARREST
Section 1. Arrest without warrant; when lawful. - A peace officer or an individual deputized by the proper
government agency 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; or

(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. Individuals deputized by the
proper government agency who are enforcing environmental laws shall enjoy the presumption of regularity under
Section 3(m), Rule 131 of the Rules of Court when effecting arrests for violations of environmental laws.

Section 2. Warrant of arrest. - All warrants of arrest issued by the court shall be accompanied by a certified true
copy of the information filed with the issuing court.

RULE 12
CUSTODY AND DISPOSITION OF SEIZED ITEMS, EQUIPMENT,
PARAPHERNALIA, CONVEYANCES AND INSTRUMENTS

Section 1. Custody and disposition of seized items. - The custody and disposition of seized items shall be in
accordance with the applicable laws or rules promulgated by the concerned government agency.

Section 2. Procedure. - In the absence of applicable laws or rules promulgated by the concerned government
agency, the following procedure shall be observed:

(a) The apprehending officer having initial custody and control of the seized items, equipment, paraphernalia,
conveyances and instruments shall physically inventory and whenever practicable, photograph the same in the
presence of the person from whom such items were seized.

(b) Thereafter, the apprehending officer shall submit to the issuing court the return of the search warrant within five
(5) days from date of seizure or in case of warrantless arrest, submit within five (5) days from date of seizure, the
inventory report, compliance report, photographs, representative samples and other pertinent documents to the
public prosecutor for appropriate action.

(c) Upon motion by any interested party, the court may direct the auction sale of seized items, equipment,
paraphernalia, tools or instruments of the crime. The court shall, after hearing, fix the minimum bid price based on
the recommendation of the concerned government agency. The sheriff shall conduct the auction.

(d) The auction sale shall be with notice to the accused, the person from whom the items were seized, or the
owner thereof and the concerned government agency.

(e) The notice of auction shall be posted in three conspicuous places in the city or municipality where the items,
equipment, paraphernalia, tools or instruments of the crime were seized.

(f) The proceeds shall be held in trust and deposited with the government depository bank for disposition according
to the judgment.

RULE 13
PROVISIONAL REMEDIES

Section 1. Attachment in environmental cases. - The provisional remedy of attachment under Rule 127 of the
Rules of Court may be availed of in environmental cases.

Section 2. Environmental Protection Order (EPO); Temporary Environmental Protection Order (TEPO) in criminal
cases. - The procedure for and issuance of EPO and TEPO shall be governed by Rule 2 of these Rules.

RULE 14
BAIL

Section 1. Bail, where filed. - Bail in the amount fixed may be filed with the court where the case is pending, or in
the absence or unavailability of the judge thereof, with any regional trial judge, metropolitan trial judge, municipal
trial judge or municipal circuit trial judge in the province, city or municipality. If the accused is arrested in a
province, city or municipality other than where the case is pending, bail may also be filed with any Regional Trial
Court of said place, or if no judge thereof is available, with any metropolitan trial judge, municipal trial judge or
municipal circuit trial judge therein. If the court grants bail, the court may issue a hold-departure order in
appropriate cases.

Section 2. Duties of the court. - Before granting the application for bail, the judge must read the information in a
language known to and understood by the accused and require the accused to sign a written undertaking, as
follows:

(a) To appear before the court that issued the warrant of arrest for arraignment purposes on the date scheduled,
and if the accused fails to appear without justification on the date of arraignment, accused waives the reading of
the information and authorizes the court to enter a plea of not guilty on behalf of the accused and to set the case
for trial;

(b) To appear whenever required by the court where the case is pending; and

(c) To waive the right of the accused to be present at the trial, and upon failure of the accused to appear without
justification and despite due notice, the trial may proceed in absentia.

RULE 15
ARRAIGNMENT AND PLEA

Section 1. Arraignment. - The court shall set the arraignment of the accused within fifteen (15) days from the time
it acquires jurisdiction over the accused, with notice to the public prosecutor and offended party or concerned
government agency that it will entertain plea-bargaining on the date of the arraignment.

Section 2. Plea-bargaining. - On the scheduled date of arraignment, the court shall consider plea-bargaining
arrangements. Where the prosecution and offended party or concerned government agency agree to the plea
offered by the accused, the court shall:

(a) Issue an order which contains the plea-bargaining arrived at;

(b) Proceed to receive evidence on the civil aspect of the case, if any; and

(c) Render and promulgate judgment of conviction, including the civil liability for damages.

RULE 16
PRE-TRIAL

Section 1. Setting of pre-trial conference. - After the arraignment, the court shall set the pre-trial conference within
thirty (30) days. It may refer the case to the branch clerk of court, if warranted, for a preliminary conference to be
set at least three (3) days prior to the pre-trial.

Section 2. Preliminary conference. - The preliminary conference shall be for the following purposes:

(a) To assist the parties in reaching a settlement of the civil aspect of the case;

(b) To mark the documents to be presented as exhibits;

(c) To attach copies thereof to the records after comparison with the originals;

(d) To ascertain from the parties the undisputed facts and admissions on the genuineness and due execution of
documents marked as exhibits;

(e) To consider such other matters as may aid in the prompt disposition of the case;

(f) To record the proceedings during the preliminary conference in the Minutes of Preliminary Conference to be
signed by the parties and counsel;

(g) To mark the affidavits of witnesses which shall be in question and answer form and shall constitute the direct
examination of the witnesses; and

(h) To attach the Minutes and marked exhibits to the case record before the pre-trial proper. The parties or their
counsel must submit to the branch clerk of court the names, addresses and contact numbers of the affiants.

Section 3. Pre-trial duty of the judge. - During the pre-trial, the court shall:

(a) Place the parties and their counsels under oath;

(b) Adopt the minutes of the preliminary conference as part of the pre-trial proceedings, confirm markings of
exhibits or substituted photocopies and admissions on the genuineness and due execution of documents, and list
object and testimonial evidence;

(c) Scrutinize the information and the statements in the affidavits and other documents which form part of the
record of the preliminary investigation together with other documents identified and marked as exhibits to
determine further admissions of facts as to:

i. The court’s territorial jurisdiction relative to the offense(s) charged;

ii. Qualification of expert witnesses; and

iii. Amount of damages;

(d) Define factual and legal issues;

(e) Ask parties to agree on the specific trial dates and adhere to the flow chart determined by the court which shall
contain the time frames for the different stages of the proceeding up to promulgation of decision;

(f) Require the parties to submit to the branch clerk of court the names, addresses and contact numbers of
witnesses that need to be summoned by subpoena; and

(g) Consider modification of order of trial if the accused admits the charge but interposes a lawful defense.

Section 4. Manner of questioning. - All questions or statements must be directed to the court.

Section 5. Agreements or admissions. - All agreements or admissions made or entered during the pre-trial
conference shall be reduced in writing and signed by the accused and counsel; otherwise, they cannot be used
against the accused. The agreements covering the matters referred to in Section 1, Rule 118 of the Rules of Court
shall be approved by the court.

Section 6. Record of proceedings. - All proceedings during the pre-trial shall be recorded, the transcripts prepared
and the minutes signed by the parties or their counsels.

Section 7. Pre-trial order. - The court shall issue a pre-trial order within ten (10) days after the termination of the
pre-trial, setting forth the actions taken during the pre-trial conference, the facts stipulated, the admissions made,
evidence marked, the number of witnesses to be presented and the schedule of trial. The order shall bind the
parties and control the course of action during the trial.

RULE 17
TRIAL

Section 1. Continuous trial. - The court shall endeavor to conduct continuous trial which shall not exceed three (3)
months from the date of the issuance of the pre-trial order.

Section 2. Affidavit in lieu of direct examination. - Affidavit in lieu of direct examination shall be used, subject to
cross-examination and the right to object to inadmissible portions of the affidavit.
Section 3. Submission of memoranda. - The court may require the parties to submit their respective memoranda
and if possible, in electronic form, within a non-extendible period of thirty (30) days from the date the case is
submitted for decision.

With or without any memoranda filed, the court shall have a period of sixty (60) days to decide the case counted
from the last day of the 30-day period to file the memoranda.

Section 4. Disposition period. - The court shall dispose the case within a period of ten (10) months from the date
of arraignment.

Section 5. Pro bono lawyers. - If the accused cannot afford the services of counsel or there is no available public
attorney, the court shall require the Integrated Bar of the Philippines to provide pro bono lawyers for the accused.

RULE 18
SUBSIDIARY LIABILITY

Section 1. Subsidiary liability. - In case of conviction of the accused and subsidiary liability is allowed by law, the
court may, by motion of the person entitled to recover under judgment, enforce such subsidiary liability against a
person or corporation subsidiary liable under Article 102 and Article 103 of the Revised Penal Code.

RULE 19
STRATEGIC LAWSUIT AGAINST PUBLIC PARTICIPATION IN CRIMINAL CASES

Section 1. Motion to dismiss. - Upon the filing of an information in court and before arraignment, the accused may
file a motion to dismiss on the ground that the criminal action is a SLAPP.

Section 2. Summary hearing. - The hearing on the defense of a SLAPP shall be summary in nature. The parties
must submit all the available evidence in support of their respective positions. The party seeking the dismissal of
the case must prove by substantial evidence that his acts for the enforcement of environmental law is a legitimate
action for the protection, preservation and rehabilitation of the environment. The party filing the action assailed as
a SLAPP shall prove by preponderance of evidence that the action is not a SLAPP.

Section 3. Resolution. - The court shall grant the motion if the accused establishes in the summary hearing that
the criminal case has been filed with intent to harass, vex, exert undue pressure or stifle any legal recourse that
any person, institution or the government has taken or may take in the enforcement of environmental laws,
protection of the environment or assertion of environmental rights.

If the court denies the motion, the court shall immediately proceed with the arraignment of the accused.

PART V
EVIDENCE

RULE 20
PRECAUTIONARY PRINCIPLE

Section 1. Applicability. - When there is a lack of full scientific certainty in establishing a causal link between
human activity and environmental effect, the court shall apply the precautionary principle in resolving the case
before it.

The constitutional right of the people to a balanced and healthful ecology shall be given the benefit of the doubt.

Section 2. Standards for application. - In applying the precautionary principle, the following factors, among others,
may be considered: (1) threats to human life or health; (2) inequity to present or future generations; or (3) prejudice
to the environment without legal consideration of the environmental rights of those affected.

RULE 21
DOCUMENTARY EVIDENCE

Section 1. Photographic, video and similar evidence. - Photographs, videos and similar evidence of events, acts,
transactions of wildlife, wildlife by-products or derivatives, forest products or mineral resources subject of a case
shall be admissible when authenticated by the person who took the same, by some other person present when
said evidence was taken, or by any other person competent to testify on the accuracy thereof.

Section 2. Entries in official records. - Entries in official records made in the performance of his duty by a public
officer of the Philippines, or by a person in performance of a duty specially enjoined by law, are prima facie
evidence of the facts therein stated.

RULE 22
FINAL PROVISIONS

Section 1. Effectivity. - These Rules shall take effect within fifteen (15) days following publication once in a
newspaper of general circulation.

Section 2. Application of the Rules of Court. - The Rules of Court shall apply in a suppletory manner, except as
otherwise provided herein.

SUB-COMMITTEE ON
THE RULES OF PROCEDURE FOR ENVIRONMENTAL CASES

Chairperson
CHIEF JUSTICE REYNATO S. PUNO

Members

JUSTICE PRESBITERO J. VELASCO, JR.

JUSTICE DIOSDADO M. PERALTA

JUSTICE LUCAS P. BERSAMIN

JUSTICE MA. ALICIA AUSTRIA-MARTINEZ (RET.)

COMMISSIONER MARY ANN LUCILLE L. SERING

JUDGE MYRNA LIM-VERANO

ATTY. ASIS G. PEREZ

Secretary
ATTY. ABEGAIL T. SZE

Asst. Secretary
ATTY. FERMIN NESTOR A. GADRINAB

Secretariat
ATTY. MARIA CAMILLE G. LANTION

JAMES CHRISTIAN A. BITANGA, ESQ.

MS. LIDA A. PILAPIL

MS. CLARITA T. ESCARDA

The Lawphil Project - Arellano Law Foundation

Writ of Kalikasan
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Prerogative writs

 Certiorari / Review
 Habeas corpus
 Mandamus / Mandate (peremptory)
 Procedendo
 Prohibito / Prohibition
 Quo warranto

 V

 T

 E

A Writ of Kalikasan is a legal remedy under Philippine law that provides protection of one's constitutional right to a healthy
environment, as outlined in Section 16, Article II of the Philippine Constitution, which states that the "state shall protect and advance
the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature."[1] Kalikasan is a
Filipino word for "nature".[1]

The writ is comparable to the writ of amparo and the writ of habeas corpus.[1] In contrast, this writ protects one's right for a healthy
environment rather than constitutional rights.[2] The Writ of Kalikasan originated in the Philippines, whereas the two aforementioned
writs have roots in European and Latin American law.[1]

History[edit]
Provision for the Writ of Kalikasan was written in 2010 by the Supreme Court of the Philippines under Rule 7 of the Rules of
Procedure for Environmental Cases as a Special Civil Action.[3] The Supreme Court under Chief Justice Reynato Puno took the
initiative and issued Rules of Procedure for Environmental Case because Section 16, Article II of the Philippines' 1986 Constitution was
not a self-executing provision.[4]

Cases[edit]
The Writ of Kalikasan may be sought to deal with environmental damage of such magnitude that it threatens life, health, or property
of inhabitants in two or more cities or provinces.[5]

In September 2014, the Supreme Court of the Philippines ruled unanimously against issuing a Writ of Kalikasan against the United
States Government over the grounding of the USS Guardian on the Tubbataha Reef in 2013.[1]

Strategic lawsuit against public participation

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A strategic lawsuit against public participation (SLAPP) is a lawsuit that is intended to censor, intimidate, and silence critics by
burdening them with the cost of a legal defense until they abandon their criticism or opposition.[1] Such lawsuits have been made
illegal in many jurisdictions on the grounds that they impede freedom of speech.

In the typical SLAPP, the plaintiff does not normally expect to win the lawsuit. The plaintiff's goals are accomplished if
the defendant succumbs to fear, intimidation, mounting legal costs, or simple exhaustion and abandons the criticism. In some cases,
repeated frivolous litigation against a defendant may raise the cost of directors and officers liability insurance for that party,
interfering with an organization's ability to operate.[2] A SLAPP may also intimidate others from participating in the debate. A SLAPP
is often preceded by a legal threat.

There is a difficulty in that plaintiffs do not present themselves to the court admitting that their intent is to censor, intimidate, or
silence their critics. Hence, the difficulty in drafting SLAPP legislation, and in applying it, is to craft an approach which affords an early
termination to invalid abusive suits, without denying a legitimate day in court to valid good faith claims. Thus, anti-SLAPP laws target
tactics used by SLAPP plaintiffs. Common anti-SLAPP laws include measures such as penalties for plaintiffs who file lawsuits ruled
frivolous and special procedures where a defendant may ask a judge to consider that a lawsuit is a SLAPP (and usually subsequently
dismiss the suit).

Anti-SLAPP laws occasionally come under criticism from those who believe that there should not be barriers to the right to petition for
those who sincerely believe they have been wronged, regardless of ulterior motives. Nonetheless, anti-SLAPP laws are generally
considered to have a favorable effect, and many lawyers have fought to enact stronger laws protecting against SLAPPs. [3]

SLAPPs take various forms. The most common used to be a civil suit for defamation, which in the English common
law tradition was a tort. The common law of libel dates to the early 17th century and, unlike most English law,
is reverse onus, meaning that once someone alleges a statement is libelous, the burden is on the defendant to prove
that it is not. In England and Wales, the Defamation Act 2013 removed most of the uses of defamation as a SLAPP
by requiring the proof of special damage. Various abusive uses of this law including political libel (criticism of the
political actions or views of others) have ceased to exist in most places, but persist in some jurisdictions
(notably British Columbia and Ontario) where political views can be held as defamatory.

A common feature of SLAPPs is forum shopping, wherein plaintiffs find courts that are more favourable towards
the claims to be brought than the court in which the defendant (or sometimes plaintiffs) live.[4]

Other widely mentioned elements of a SLAPP are the actual effectiveness at silencing critics, the timing of the suit,
inclusion of extra or spurious defendants (such as relatives or hosts of legitimate defendants), inclusion of plaintiffs
with no real claim (such as corporations that are affiliated with legitimate plaintiffs), making claims that are very
difficult to disprove or rely on no written record, ambiguous or deliberately mangled wording that lets plaintiffs
make spurious allegations without fear of perjury, refusal to consider any settlement (or none other than cash),
characterization of all offers to settle as insincere, extensive and unnecessary demands for discovery, attempts to
identify anonymous or pseudonymous critics, appeals on minor points of law, demands for broad rulings when
appeal is accepted on such minor points of law, and attempts to run up defendants' costs even if this clearly costs
more to the plaintiffs.[citation needed]

Several jurisdictions have passed anti-SLAPP laws, designed to quickly remove cases out of court. In many cases, the
plaintiff is also required to pay a penalty for bringing the case, known as a SLAPP-back.

History[edit]
The acronym was coined in the 1980s by University of Denver professors Penelope Canan and George W.
Pring.[5] The term was originally defined as "a lawsuit involving communications made to influence a governmental
action or outcome, which resulted in a civil complaint or counterclaim filed against nongovernment individuals or
organizations on a substantive issue of some public interest or social significance." The concept's originators later
dropped the notion that government contact had to be about a public issue to be protected by the Right to
Petition the Government, as provided in the First Amendment. It has since been defined less broadly by some states
and more broadly in one state (California) where it includes suits about speech on any public issue.[6]

The original conceptualization proffered by Canan and Pring emphasized the right to petition as protected in the
United States under the US Constitution's specific protection in the First Amendment's fifth clause. It is still
definitional: SLAPPs refer to civil lawsuits filed against those who have communicated to government officialdom
(in its entire constitutional apparatus). The Right to Petition, granted by Edgar the Peaceful, King of England in the
10th century, antedates the Magna Carta in terms of its significance in the development of democratic institutions.
As currently conceived, the right claims that democracy cannot properly function in the presence of barriers
between the governed and the governing.[7][8]

New York Supreme Court Judge J. Nicholas Colabella, in reference to SLAPPs: "Short of a gun to the head, a greater
threat to First Amendment expression can scarcely be imagined." Gordon v. Morrone, 590 N.Y.S.2d 649, 656 (N.Y.
Sup. Ct. 1992). A number of jurisdictions have made such suits illegal, provided that the appropriate standards
of journalistic responsibility have been met by the critic.[cit
-