CHAPTERS

CHAPTER IX: PHILIPPINE FISHERIES CODE OF 1998 (RA 8550)

A. PRELIMINARYB. ORGANIZATIONAL STRUCTUREC. MUNICIPAL FISHERIESD. COMMERCIAL FISHERIESE. AQUACULTUREF. FISHERY RESERVES, REFUGE AND SANCTUARIESG. PROHIBITION AND PENALTIES

CHAPTER X: WATER CODE OF THE PHILIPPINES (PD 1067)

A. PRELIMINARYB. APPROPRIATION OF WATERSC. WATER RIGHTS AND PERMITSD. UTILIZATION, ORDER OF PREFERENCES AND CONDITIONS FOR THE USE OF WATERS E. CONTROL OF WATERSF. THE NATIONAL WATER RESOURCES COUNCILG. PENALTIES AND REPEALED LAWSH. WATER DISTRICTSI. THE LOCAL WATER UTILITIES ADMINISTRATION (LWUA)

CHAPTER XI: NATIONAL INTEGRATED PROTECTED AREAS SYSTEM (NIPAS) ACT OF 1992 (RA 7586)

A. PRELIMINARYB. ESTABLISHMENT AND EXTENT OF THE SYSTEMC. ADMINISTRATION AND MANAGEMENT OF THE SYSTEMD. ENVIRONMENTAL IMPACT ASSESSMENT

CHAPTER XII: PHILIPPINE CLEAN AIR ACT (RA 8749)

A. PRELIMINARYB. AIR POLLUTION CLEARANCES AND PERMITSC. POLLUTION FROM STATIONARY SOURCESD. POLLUTION FROM MOTOR VEHICLESE. POLLUTION FROM OTHER SOURCESF. OTHER POLLUTANTSG. INSTITUTIONAL MECHANISMH. ACTIONSI. FINES AND PENALTIESJ. CONGRESSIONAL OVERSIGHT COMMITTEE AND IMPLEMENTING AGENCIES

CHAPTER IX: PHILIPPINE FISHERIES CODE OF 1998 (RA 8550)

A. PRELIMINARY1. Governing Law2. Policy Considerations3. Application of the Law4. Internal Waters, Territorial Sea, Contiguous Zone and Exclusive Economic Zone

a. Obligation of Coastal Statesb. Use of Philippine Waters

5. Definition of Terms

B. ORGANIZATIONAL STRUCTURE1. Department of Agriculture (DA)2. Access to Fishery Resources

a. Catch Ceiling Limitationsb. Establishment of Closed Season

3. Bureau of Fisheries and Aquatic Resources (BFAR); Functions4. Composition of BFAR

C. MUNICIPAL FISHERIES1. Jurisdiction of Municipal/City Governments

a. Meaning of Municipal Watersb. Devolved Power of LGU’sc. Power of LGU’s under the General Welfare Claused. Grant of Fishing Privileges in Municipal Waterse. The Laguna Lake Development Authority (LLDA) has Exclusive Jurisdiction to Issue

Permits for the Enjoyment of Fishery Privileges in Laguna de Bay2. Users of Municipal Waters3. Registry of Municipal Fisherfolks4. Priority of Resident Municipal Fisherfolks5. The “Preferential Right” of Subsistence of Marginal Fishermen to the User of Water

Resources NOT ABSOLUTE

D. COMMERCIAL FISHERIES1. Commercial Fishing Vessel License and other Licenses2. Persons Eligible for Commercial Fishing Vessel License3. Fishing by Philippine Commercial Fishing Fleet in International Waters

E. AQUACULTURE1. Disposition of Public Lands for Fishery Purposes2. Lease of Fishponds3. Code of Practice for Aquaculture4. Reversion of All Abandoned, Undeveloped or Underutilized Fishponds5. Absentee Fishpond Lease Agreement Holders6. License to Operate Fish Pens, Fish Cages, Fish Traps, and other Structures for the Culture of

Fish and Other Fishery Products7. Grant of Privileges for Operations of Fish Pens, etc.

F. FISHERY RESERVES, REFUGE AND SANCTUARIES1. Fishing Areas Reserves for Exclusive Use of Government2. Fish Refuge and Sanctuaries

G. PROHIBITION AND PENALTIES1. Unauthorized Fishing or Engaging in Other Unauthorized Fisheries Activities2. Poaching in Philippine Waters3. Other Violations4. Executive Control5. Enactment of Ordinances by LGU’s6. Seizure without Warrant of Fishing Vessels Breaching Fishery Laws

CHAPTER X: WATER CODE OF THE PHILIPPINES (PD 1067)

A. PRELIMINARY1. Governing Law2. Policy Considerations3. Objectives4. Underlying Principles5. State Ownership of Waters

a. Definition of Terms

B. APPROPRIATION OF WATERS1. Appropriation of Waters2. Citizenship Requirement

a. Filing of Application

C. WATER RIGHTS AND PERMITS1. Water Right is a Privilege to Appropriate and Use Water2. Right of a Water Permittee to Demand Establishment of Easements3. Revocation of Water Permits

D. UTILIZATION, ORDER OF PREFERENCES AND CONDITIONS FOR THE USE OF WATERS 1. Order of Preference in the Use of Waters2. Utilization of Waters3. Prohibitions and Conditions for Use of Waters4. Easements

a. Legal Easements relating to Waters under the Civil Codeb. Lower Estates have the Obligation to Receive the Water which Naturally Flows from the

Higher Estatesc. Easement of Pubic Use

E. CONTROL OF WATERS1. Flood Control Areas

a. Prohibition against Activities that Obstruct the Flow of Water, etc.b. Rivers or Lakes may be declared Navigablec. Riverbeds may not be Cultivated

d. Erection of Leveese. Change of Course of Riversf. Reservoirsg. Drilling for Subterranean or Ground Waterh. Easement of Aqueduct

2. Conservation and Protection of Waters and Watersheds and related Land Resourcesa. Watersheds may be declared a Protected Areab. A Watershed Reservation is not subject to Occupancy or Alienationc. A Timber License covering a Watershed area may be Withdrawn in the Public Interest

F. THE NATIONAL WATER RESOURCES COUNCIL1. Power and Functions

a. Authority to Enter upon Private Landsb. Jurisdiction of the Council over Water Disputesc. Regular Courts have Jurisdiction where the Issue involves the Enjoyment of an Existing

Right to Use Waterd. Rule on Exhaustion of Administrative Remediese. Appeal taken to the CA

G. PENALTIES AND REPEALED LAWS1. Penalties2. Repealed Laws

H. WATER DISTRICTS1. Creation of Water Districts

a. Functionsb. Conditions under which Water Districts may Operatec. Water Districts are Quasi-Public Corporationsd. Dissolution of Water Districts

I. THE LOCAL WATER UTILITIES ADMINISTRATION (LWUA)1. Powers and Functions

a. The LWUA has no Adjudicatory Functionsb. The SEC has no Supervisory Powers over Water Districts

CHAPTER XI: NATIONAL INTEGRATED PROTECTED AREAS SYSTEM (NIPAS) ACT OF 1992 (RA 7586)

A. PRELIMINARY1. Governing Law2. Declaration of Policy3. Categories4. Definition of Terms

B. ESTABLISHMENT AND EXTENT OF THE SYSTEM1. Establishment of the System2. Buffer Zones

3. Management Plans

C. ADMINISTRATION AND MANAGEMENT OF THE SYSTEM1. Administration and Management2. Protected Area Management Board

D. ENVIRONMENTAL IMPACT ASSESSMENT1. Environmental Impact Assessment2. Ancestral Lands and Rights over them3. Survey for Energy Resources4. Prohibited Acts

CHAPTER XII: PHILIPPINE CLEAN AIR ACT (RA 8749)

A. PRELIMINARY1. Governing Law2. Declaration of Policy3. Recognition of Rights4. Definition of Terms

B. AIR POLLUTION CLEARANCES AND PERMITSC. POLLUTION FROM STATIONARY SOURCES

1. Ban on Incinerations

D. POLLUTION FROM MOTOR VEHICLES1. Pollution from Motor Vehicles

a. Mandamus does not lie to Compel PUV’s to use Compressed Natural Gas as Alternative Fuel in the Absence of Specific Law on the Matter

2. Regulation of All Vehicles and Enginesa. City Zoning Ordinance to Safeguard the Health of the People from Noise and Pollution a

Valid Exercise of Police Power

E. POLLUTION FROM OTHER SOURCES1. Pollution from Smoking2. Pollution from Other Mobile Sources

F. OTHER POLLUTANTS1. Ozone Depleting Substances2. Greenhouse Gases3. Radioactive Emissions

G. INSTITUTIONAL MECHANISM1. Lead Agency2. Role of LGU’s

a. Town Mayor has Responsibility of Protecting its Inhabitants from Pollution3. Environment and Natural Resources Office

H. ACTIONS1. Administrative Action involving Stationary Sources

a. Pollution and Adjudication Boardb. Action for the Abatement of a Private Nuisance lies with the Courts, not with the PAB

nor the Sangguniang Bayan2. Actions before the LTO

a. Order or Decision3. Citizen Suits4. Suits and Strategic Legal Actions against Public Participation (SLAPP) and the Enforcement of

the Act5. Lien upon Personal and Immovable Properties of Violators

I. FINES AND PENALTIES1. Violation of Standards for Stationary Sources2. Violation of Standards for Motor Vehicles3. Fines and Penalties for Violations of Other Provisions of the Act4. Gross Violations

J. CONGRESSIONAL OVERSIGHT COMMITTEE AND IMPLEMENTING AGENCIES1. Joint Congressional Oversight Committee2. Implementing Agencies