Tano vs Socrates

Natural and Environmental Laws; Constitutional Law; Regalian Doctrine

GR No. 110249; August 21, 1997

FACTS:
On Dec 15, 1992, the Sangguniang Panglungsod ng Puerto Princesa enacted an
ordinance banning the shipment of all live fish and lobster outside Puerto
Princesa City from January 1, 1993 to January 1, 1998. Subsequently the
Sangguniang Panlalawigan, Provincial Government of Palawan enacted a
resolution prohibiting the catching , gathering, possessing, buying, selling, and
shipment of a several species of live marine coral dwelling aquatic organisms for
5 years, in and coming from Palawan waters.
Petitioners filed a special civil action for certiorari and prohibition, praying that
the court declare the said ordinances and resolutions as unconstitutional on the
ground that the said ordinances deprived them of the due process of law, their
livelihood, and unduly restricted them from the practice of their trade, in
violation of Section 2, Article XII and Sections 2 and 7 of Article XIII of the 1987
Constitution.

ISSUE:
Are the challenged ordinances unconstitutional?

HELD:
No. The Supreme Court found the petitioners contentions baseless and held that
the challenged ordinances did not suffer from any infirmity, both under the
Constitution and applicable laws. There is absolutely no showing that any of the
petitioners qualifies as a subsistence or marginal fisherman. Besides, Section 2 of
Article XII aims primarily not to bestow any right to subsistence fishermen, but
to lay stress on the duty of the State to protect the nation’s marine wealth. The so-
called “preferential right” of subsistence or marginal fishermen to the use of
marine resources is not at all absolute.
In accordance with the Regalian Doctrine, marine resources belong to the state
and pursuant to the first paragraph of Section 2, Article XII of the Constitution,
their “exploration, development and utilization...shall be under the full control
and supervision of the State.

In addition, one of the devolved powers of the LCG on devolution is the

enforcement of fishery laws in municipal waters including the conservation of
mangroves. This necessarily includes the enactment of ordinances to effectively
carry out such fishery laws within the municipal waters. In light of the principles
of decentralization and devolution enshrined in the LGC and the powers granted
therein to LGUs which unquestionably involve the exercise of police power, the
validity of the questioned ordinances cannot be doubted.
 LOCAL GOVERNMENT CODE

CHAPTER 3. - INTERGOVERNMENTAL RELATIONS

Article One. - National Government and Local Government Units
SEC. 25. National Supervision over Local Government Units. - (a) Consistent with
the basic policy on local autonomy, the President shall exercise general supervision
over local government units to ensure that their acts are within the scope of their
prescribed powers and functions.

The President shall exercise supervisory authority directly over provinces,

highly urbanized cities, and independent component cities; through the
province with respect to component cities and municipalities; and through
the city and municipality with respect to barangays. cralaw

(b) National agencies and offices with project implementation functions shall
coordinate with one another and with the local government units concerned
in the discharge of these functions. They shall ensure the participation of
local government units both in the planning and implementation of said
national projects. cra law

(c) The President may, upon request of the local government unit concerned,
direct the appropriate national agency to provide financial, technical, or
other forms of assistance to the local government unit. Such assistance shall
be extended at no extra cost to the local government unit concerned. cralaw

(d) National agencies and offices including government-owned or -controlled

corporations with field units or branches in a province, city, or municipality
shall furnish the local chief executive concerned, for his infor mation and
guidance, monthly reports including duly certified budgetary allocations and
expenditures. c ralaw

SEC. 26. Duty of National Government Agencies in the Maintenance of

Ecological Balance. - It shall be the duty of every national agency or
government-owned or -controlled corporation authorizing or involved in the
planning and implementation of any project or program that may cause
pollution, climatic change, depletion of non-renewable resources, loss of crop
land, rangeland, or forest cover, and extinction of animal or plant species, to
consult with the local government units, nongovernmental organizations,
and other sectors concerned and explain the goals and objectives of the
project or program, its impact upon the people and the community in terms
of environmental or ecological balance, and the measures that will be
undertaken to prevent or minimize the adverse effects thereof. cralaw

SEC. 27. Prior Consultations Required.- No project or program shall be

implemented by government authorities unless the consultations mentioned
in Sections 2 (c) and 26 hereof are complied with, and prior approval of the
sanggunian concerned is obtained: Provided, That occupants in areas where
such projects are to be implemented shall not be evicted unless appropriate
relocation sites have been provided, in accordance with the provisions of the
Constitution.

CHAPTER II | Share of Local Government Units in the National Wealth

Section 289. Share in the Proceeds from the Development and Utilization of the
National Wealth. - Local government units shall have an equitable share in the proceeds
derived from the utilization and development of the national wealth within their
respective areas, including sharing the same with the inhabitants by way of direct
benefits.

Section 290. Amount of Share of Local Government Units. - Local government units
shall, in addition to the internal revenue allotment, have a share of forty percent (40%)
of the gross collection derived by the national government from the preceding fiscal year
from mining taxes, royalties, forestry and fishery charges, and such other taxes, fees, or
charges, including related surcharges, interests, or fines, and from its share in any co-
production, joint venture or production sharing agreement in the utilization and
development of the national wealth within their territorial jurisdiction.

Section 291. Share of the Local Governments from any Government Agency or Owned
or Controlled Corporation. - Local government units shall have a share based on the
preceding fiscal year from the proceeds derived by any government agency or
government-owned or controlled corporation engaged in the utilization and development
of the national wealth based on the following formula whichever will produce a higher
share for the local government unit:

(a) One percent (1%) of the gross sales or receipts of the preceding calendar year; or

(b) Forty percent (40%) of the mining taxes, royalties, forestry and fishery charges and
such other taxes, fees or charges, including related surcharges, interests, or fines the
government agency or government owned or controlled corporation would have paid if it
were not otherwise exempt.

Section 292. Allocation of Shares. - The share in the preceding Section shall be
distributed in the following manner:

(a) Where the natural resources are located in the province:

(1) Province - Twenty percent (20%);

(2) Component City/Municipality - Forty-five percent (45%); and

(3) Barangay - Thirty-five percent (35%)

Provided, however, That where the natural resources are located in two (2) or more
provinces, or in two (2) or more component cities or municipalities or in two (2) or more
barangays, their respective shares shall be computed on the basis of:
(1) Population - Seventy percent (70%); and

(2) Land area - Thirty percent (30%)

(b) Where the natural resources are located in a highly urbanized or independent
component city:

(1) City - Sixty-five percent (65%); and

(2) Barangay - Thirty-five percent (35%)

Provided, however, That where the natural resources are located in such two (2) or
more cities, the allocation of shares shall be based on the formula on population and
land area as specified in paragraph (a) of this Section.

Section 293. Remittance of the Share of Local Government Units. - The share of local
government units from the utilization and development of national wealth shall be
remitted in accordance with Section 286 of this Code: Provided, however, That in the
case of any government agency or government-owned or controlled corporation
engaged in the utilization and development of the national wealth, such share shall be
directly remitted to the provincial, city, municipal or barangay treasurer concerned within
five (5) days after the end of each quarter.

Section 294. Development and Livelihood Projects. - The proceeds from the share of
local government units pursuant to this chapter shall be appropriated by their respective
sanggunian to finance local government and livelihood projects: Provided, however,
That at least eighty percent (80%) of the proceeds derived from the development and
utilization of hydrothermal. geothermal, and other sources of energy shall be applied
solely to lower the cost of electricity in the local government unit where such a source of
energy is located.

RA 7638 Dept. of energy act

Section 5. Powers and Functions. – The Department shall have the following powers
and functions:

(a) Formulate policies for the planning and implementation of a comprehensive

program for the efficient supply and economical use of energy consistent with the
approved national economic plan and with the policies on environmental
protection and conservation and maintenance of ecological balance, and provide
a mechanism for the integration, rationalization, and coordination of the various
energy programs of the Government;

(b) Develop and update the existing Philippine energy program which shall
provide for an integrated and comprehensive exploration, development,
utilization, distribution and conservation of energy resources, with preferential
bias for environment-friendly, indigenous, and low-cost sources of energy. The
program shall include a policy direction towards the privatization of government
agencies related to energy, deregulation of the power and energy industry and
reduction of dependency on oil-fired plants. Said program shall be updated within
 nine (9) months from its completion and not later than the fifteenth day of
September every year thereafter;

(c) Establish and administer programs for the exploration, transportation,

marketing, distribution, utilization, conservation, stockpiling and storage of energy
resources of all forms, whether conventional or nonconventional;

RA 7942 Mining Act

Section 82
Allocation of Government Share

The Government share as referred to in the preceding sections shall be shared and
allocated in accordance with Sections 290 and 292 of Republic Act No. 7160 otherwise
known as the Local Government Code of 1991. In case the development and utilization
of mineral resources is undertaken by a government-owned or -controlled corporation,
the sharing and allocation shall be in accordance with Sections 291 and 292 of the said
Code.

Revised Organic Act of ARMM RA 9054

ARTICLE III
GUIDING PRINCIPLES AND POLICIES

Section 1. Integral Part of the Republic. - The Autonomous Region in Muslim Mindanao
shall remain an integral and inseparable part of the national territory of the Republic as
defined by the Constitution and existing laws.

The autonomous region shall be governed and administered in accordance with the
laws enacted by the Regional Assembly and by this Organic Act.

Section 2. Peaceful Settlement of Conflicts. - The Regional Autonomous Government

shall adopt the policy of settlement of conflicts by peaceful means, and renounce any
form of lawless violence as an instrument of redress.

Section 3. Devolution of Powers. - The regional government shall adopt a policy on

local autonomy whereby regional powers shall be devolved to local government units
particularly in areas of education, health, human resource, science and technology and
people empowerment. Until a law implementing this provision is enacted by the
Regional Assembly, Republic Act No. 7160, the Local Government Code of 1991, shall
continue to apply to all the provinces, cities, municipalities, and barangay within the
autonomous region.

The Regional Assembly may not pass any law to diminish, lessen, or reduce the
powers, functions, and shares in the internal revenue taxes of the said local government
units as provided by Republic Act No. 7160, the Local Government Code of 1991.
Section 4. Charters Govern Cities. -All chartered cities within the autonomous region
shall continue to be governed by their charters. Nothing in this Organic Act shall be
construed as to diminish the powers and functions already enjoyed by these cities.

Section 5. Customs, Traditions, Religious Freedom Guaranteed. - The beliefs, customs,

and traditions of the people in the autonomous region and the free exercise of their
religions as Muslims, Christians, Jews, Buddhists, or any other religious denomination in
the said region are hereby recognized, protected and guaranteed.

The Regional Assembly shall adopt measures to ensure mutual respect for and
protection of the distinct beliefs, customs, and traditions and the respective religions of
the inhabitants thereof, be they Muslims, Christians, Jews, Buddhists, or any other
religious denomination. The Regional Assembly, in consultation with the Supreme Court
and consistent with the Constitution, may formulate a Shari'ah legal system including
the criminal cases, which shall be applicable in the region, only to Muslims or those who
profess the Islamic faith. The representation of the regional government in the various
central government or national government bodies as provided for by Article V, Section
5 shall be effected upon approval of the measures herein provided.

The Shari'ah courts shall have jurisdiction over cases involving personal, family and
property relations, and commercial transactions, in addition to their jurisdiction over
criminal cases involving Muslims.

The Regional Assembly shall, in consultation with the Supreme Court, determine the
number and specify the details of the jurisdiction of these courts.

No person in the autonomous region shall be subjected to any form of discrimination on

account of creed, religion, ethnic origin, parentage or sex.

The regional government shall ensure the development, protection, and well-being of all
indigenous tribal communities. Priority legislation in this regard shall be enacted for the
benefit of those tribes that are in danger of extinction as determined by the Southern
Philippines Cultural Commission.

Section 6. Filipino and Islamic Values In Educational Policies. - The regional

government shall adopt educational policies that shall perpetuate Filipino and Islamic
values and ideals and the just aspirations of the Bangsa Moro with due respect to the
beliefs, customs, traditions, and religions of the other non-Muslim inhabitants of the
region be they Christians, Jews, Buddhists, or of any other religious denomination.

Section 7. Improving Status of the Marginalized. - The regional government shall

devote its resources to the improvement of the well-being of all its constituents,
particularly the marginalized, deprived, disadvantaged, underprivileged, disabled, and
the elderly.

Section 8. Regional Government Authority Over Natural Resources. - Subject to the

provisions of the Constitution and this Organic Act, the Regional Government shall have
the authority, power, and right to explore, develop and utilize the natural resources,
including surface and sub-surface rights, in-land and coastal waters, and renewable and
non-renewable resources in the autonomous region. Muslims and the other indigenous
cultural communities shall, however, have priority rights to explore, develop and utilize
the said resources in the areas designated as parts of their respective ancestral
domains.

(d) Exercise supervision and control over all government activities relative to
energy projects in order to attain the goals embodied in Section 2 of this Act;

(e) Regulate private sector activities as provided under existing

laws: Provided, That the Department shall endeavor to provide for an
environment conducive to free and active private sector participation and
investment in all energy activities.

At the end of four (4) years from the effectivity of this Act, the Department shall,
upon approval of the President, institute the programs and timetable of
deregulation of appropriate energy projects and activities of the energy industry;

(f) Assess the requirements of, determine priorities for, provide direction to, and
disseminate information resulting from energy research and development
programs for the optimal development of various forms of energy production and
utilization technologies;

(g) Formulate and implement programs, including a system of providing

incentives and penalties, for the judicious and efficient use of energy in all
energy-consuming sectors of the economy;

(h) Formulate and implement a program for the accelerated development of

nonconventional energy systems and the promotion and commercialization on its
applications;

(i) Devise ways and means of giving direct benefits to the province, city, or
municipality, especially the community and people affected, and equitable and
preferential benefit to the region that hosts the energy resource and/or the
energy-generating facility: Provided, however, That the other provinces, cities,
municipalities, or regions shall not be deprived of their energy requirements;

(j) Encourage private enterprises engaged in energy projects, including

corporations, cooperatives, and similar collective organizations, to broaden the
base of their ownership and thereby encourage the widest public ownership of
energy-oriented corporations;

(k) Formulate such rules and regulations as may be necessary to implement the
objectives of this Act; and

(l) Exercise such other power as may be necessary or incidental to attain the
objectives of this Act.
 ARTICLE XII
ECONOMY AND PATRIMONY

Section 1. Regional Economy and Conservation of Patrimony. - Consistent with the

Constitution and existing laws, the Regional Assembly may enact laws pertaining to the
regional economy and patrimony that are responsive to the needs of the region. The
Regional Government may not lower the standards required by the central government
or national government for the protection, conservation, and enhancement of the natural
resources.

Section 2. Economic Zones, Centers and Ports. - The Regional Government shall
encourage, promote, and support the establishment of economic zones, industrial
centers, ports in strategic areas, and growth centers to attract local and foreign
investments and business enterprises.

Section 3. Incentives for Investors. -The Regional Assembly may by law grant
incentives to investors in the autonomous region. The central government or national
government may likewise grant incentives to investors in the autonomous region in
addition to those provided by the Regional Government.

Section 4. Regional Economic Zone Authority; Freeports. -The Regional Government

may establish a regional economic zone authority in the autonomous region. The
Regional Economic Zone Authority shall have similar powers as the Philippine
Economic Zone Authority and consistent with the Special Economic Zone Act of 1995.
The Regional Assembly may provide such additional powers and functions to the
Regional Economic Zone Authority as may be necessary to meet the special
circumstances of the autonomous region.

Once the Regional Economic Zone Authority is created by a Regional Assembly

legislation, the Philippine Export Zone Authority shall no longer authorize any other
economic zone within the autonomous region. Any corporation, firm, or entity
established within the autonomous region, by authority of the Philippine Export Zone
Authority, shall be placed under the jurisdiction of the Regional Economic Zone
Authority and shall continue to enjoy the benefits granted to it by the Philippine Export
Zone Authority.

Section 5. Use, Development of Mines, Minerals, and Other Natural Resources;

Revenue Sharing; Exceptions. -

(a)Regional Supervision and Control. The control and supervision over the
exploration, utilization, development, and protection of the mines and minerals
and other natural resources within the autonomous region are hereby vested in
the Regional Government in accordance with the Constitution and the pertinent
provisions of this Organic Act except for the strategic minerals such as uranium,
petroleum, and other fossil fuels, mineral oils, all sources of potential energy, as
well as national reserves and aquatic parks, forest and watershed reservations
already delimited by authority of the central government or national government
and those that may be defined by an Act of Congress within one (1) year from the
effectivity of this Organic Act.
 (b)Sharing Between Central Government or National Government and Regional
Government in Strategic Minerals Revenues, Taxes, or Fees. Fifty percent (50%)
of the revenues, taxes, or fees derived from the use and development of the
strategic minerals shall accrue and be remitted to the Regional Government
within thirty (30) days from the end of every quarter of every year. The other fifty
percent (50%) shall accrue to the central government or national government.

(c)Sharing Between Regional Government and Local Government Units in

Strategic Minerals Revenues, Taxes, or Fees. The share of the Regional
Government mentioned above is hereby apportioned as follows: thirty percent
(30%) to the Regional Government; twenty percent (20%) to all the provinces;
fifteen percent (15%) to all the cities; twenty percent (20%) to all the
municipalities; and fifteen percent (15%) to all the barangays. If there are no
cities in the autonomous region as of the date the sharing above mentioned is
done, the share of the cities shall be divided equally by all the provinces,
municipalities, and barangay in the autonomous region.

(d)Regional Assembly Authority to Grant Franchises and Concessions and

Empower Regional Governor to Grant Leases, Permits, and Licenses. The
Regional Assembly shall by law have the authority to grant franchises and
concessions and may by law empower the Regional Governor to grant leases,
permits, and licenses over agricultural, forest, or mineral lands. The said leases,
permits, franchises, or concessions shall, however, cover areas not exceeding
the limits allowed by the Constitution and shall subsist for a period not exceeding
twenty-five (25) years. Except as provided in this Organic Act, existing leases,
permits, licenses, franchises, and concessions shall be respected until their
expiration unless legally terminated earlier as provided by law enacted either by
Congress or by the Regional Assembly.

(e)Consultations with Cultural Communities, Needed. The permits, licenses,

franchises, or concessions over the natural resources located within the
boundaries of an ancestral domain shall be issued by the Regional Assembly
only after consultants are conducted with the cultural community concerned.

Section 6. Use and Development of Natural Resources Open to Citizens. - The

exploration, development, and utilization of natural resources, except those referred to
in the first paragraph of Section 5 of this Article, shall be allowed to all citizens and to
private enterprises, including corporations, associations, cooperatives, and such other
similar collective organizations with at least sixty percent (60%) of their capital
investment or capital stocks directly controlled or owned by citizens.

Section 7. Preferential Rights of Citizen-Inhabitants of Autonomous Region. - Subject to

the exceptions provided in this Organic Act, citizens who are inhabitants of the
autonomous region shall have preferential rights over the exploration, utilization, and
development of natural resources of the autonomous region. Existing rights over the
exploration, utilization, and development of natural resources shall be respected subject
to the exceptions specified in this Organic Act.

Section 8. Rules, Regulations and Fees. - The Regional Assembly shall by law regulate
the exploration, utilization, development, and protection of the natural resources,
including the mines and minerals, except the strategic minerals as provided in this
Organic Act. The Regional Government shall, pursuant to the said law, shall prescribe
the rules and regulations and impose regulatory fees in connection therewith. Upon the
enactment of the said law and the effectivity of such rules and regulations, the fees
imposed by the Regional Government shall replace those that had been imposed by the
central government or national government.

Section 9. Regulation of Small-Scale Mining. - Small-scale mining shall be regulated by

the Regional Government to the end that the ecological balance, safety and health, and
the interests of the indigenous cultural communities, the miners, and the people of the
place where such operations are conducted are duly protected and safeguarded.

Section 10. Regional Economic and Development Planning Board; Composition and
Functions. - There is hereby created a Regional Economic and Development Planning
Board. The Board shall be chaired by the Regional Governor. The members of the
Board shall be composed of all the provincial governors and the city mayors of the
provinces and cities within the autonomous region; the Speaker, and two (2) members
of the Regional Assembly appointed by the Speaker, one (1) of whom shall be
nominated by the opposition; and, five (5) representatives elected by the private sector
as prescribed by the Regional Assembly.

The Board shall serve as the planning, monitoring, and coordinating agency for all
development plans, projects, and programs intended for the autonomous region. It shall
evaluate and recommend for approval by the Regional Assembly, the annual work
programs and comprehensive development plans of the autonomous region. Once
approved, it shall be the duty of the Regional Governor to ensure the proper
implementation of the said annual work programs and comprehensive development
plans.

The Board shall formulate a master plan for a systematic, progressive, and total
development of the region. The master plan shall take into account the development
plans of the province, city, municipality, and barangay concerned as mandated by
Republic Act No. 7160, the Local Government Code of 1991.

After due notice in writing, the attendance at meetings of the Board by one-third (1/3) of
its members with the Regional Governor or the Regional Vice Governor and three (3) of
the representatives of the private sector being present, shall be a sufficient quorum for
the board to transact business.

The Board shall adopt its own rules of procedure for the conduct of its meetings.

Section 11. Pioneering Public Utilities and Cooperatives. -The Regional Assembly may,
in the interest of regional welfare and security, establish and operate pioneering public
utilities. Upon payment of just compensation, it may cause the transfer of the ownership
of such utilities to cooperatives or other collective organizations.

Section 12. Proclamation of State of Calamity: Operation of Public Utilities. -

(a)Temporary take-over of operations. The Regional Government may, in times

of regional calamity declared by the Regional Governor, when the public interest
so requires and under such reasonable terms and safeguards as may be
prescribed by the Regional Assembly, temporarily take over or direct operation of
 any privately-owned public utility or business affected with public interest. The
public utility or business concerned may contest the take over of its operations by
the Regional Government by filing a proper case or petition with the Court of
Appeals.

(b)Proclamation of state of calamity. The Regional Governor may proclaim a

state of calamity over the region or parts thereof whenever typhoons, flash
floods, earthquakes, tsunamis, or other natural calamities cause widespread
damage or destruction to life or property in the region. The state of calamity
proclaimed by the Regional Governor shall only be for the purpose of maximizing
the efforts to rescue imperiled persons and property and the expeditious
rehabilitation of the damaged area. The state of calamity proclaimed shall in no
way suspend any provision of the Constitution or this Organic Act, as well as, the
pertinent laws promulgated by the central government or national government or
the Regional Government.

Section 13. Legislating Benefits, Compensation for Victims of Mining and Mining
Operations; Rehabilitation of Affected Areas. - The Regional Assembly shall enact laws
for the benefit and welfare of the inhabitants injured, harmed or adversely affected by
the harnessing of natural and mineral resources in the autonomous region. Such laws
may include payment of just compensation to and relocation of the people and
rehabilitation of the areas adversely affected by the harnessing of natural and mineral
resources mentioned above.

The Regional Assembly may by law require the persons, natural or juridical, responsible
for causing the harm or injury mentioned above to bear the costs of compensation,
relocation and rehabilitation mentioned above wholly or partially.

Section 14. Reforestation; Support for Lumads or Tribal Peoples. - The Regional
Government shall actively and immediately pursue reforestation measures to ensure
that at least fifty percent (50%) of the land surface of the autonomous region shall be
covered with trees, giving priority to watershed areas, strips of land along the edges of
rivers and streams and shorelines of lakes and the seas within or abutting the
autonomous region.

The Regional Government shall adopt measures for the development of lands eighteen
percent (18%) in slope or over by providing infrastructure, financial and technical
support to upland communities specially the lumads or tribal peoples.

The Regional Government shall also adopt measures to employ the people who may be
displaced by the cancellation or revocation of timber concessions, licenses, contracts, or
agreements mentioned in paragraph above.

Section 15. Prohibition Against Toxic or Hazardous Substances. - The Regional

Government shall prohibit the use, importation, deposit, disposal, and dumping of toxic
or hazardous substances within the autonomous region.

Section 16. Business Ownership. - The Regional Government shall adopt policies to
promote profit sharing and broaden the base of ownership of business enterprises.
Section 17. Incentives, Tax Rebates and Holidays. - The Regional Assembly may by
law, and with the approval of the absolute majority of all its members, grant incentives,
including tax rebates and holidays, for investors in businesses that contribute to the
development of the autonomous region. It may provide similar incentives to companies
doing business in the autonomous region which reinvest at least fifty percent (50%) of
their net profits therein, and to cooperatives which reinvest at least ten percent (10%) of
their surplus into socially-oriented projects in the autonomous region.

Section 18. Transport and Communication Facilities, Priority Projects. - The Regional
Government shall give priority to the establishment of transportation and communication
facilities to expedite the economic development of the autonomous region.

Section 19. Power Services Priority. - In the delivery of power services, priority shall be
given to provinces and cities in the autonomous region which need but do not have
direct access to such services.

Section 20. Pioneering Firms. - The Regional Assembly may create pioneering firms
and other business entities to boost economic development in the autonomous region.

Agriculture, Fisheries and Aquatic Resources

Section 21. Farming and Fishing Cooperatives. - The Regional Government shall
recognize, promote, and protect the rights and welfare of farmers, farm-workers,
fisherfolk, and fish-workers, as well as cooperatives and associations of farmers and
fish-workers.

Section 22. Agricultural Productivity; Organic Farming. -The Regional Government shall
encourage agricultural productivity and promote diversified and organic farming.

Section 23. Soil and Water Conservation. - The Regional Government shall give top
priority to the conservation, protection, utilization, and development of soil and water
resources for agricultural purposes.

Section 24. Aquatic and Fisheries Code. - The Regional Assembly may enact an
aquatic and fisheries code which shall enhance, develop, conserve, and protect marine
and aquatic resources, and shall protect the rights of subsistence fisherfolk to the
preferential use of communal marine and fishing resources, including seaweeds. This
protection shall extend to offshore fishing grounds, up to and including all waters fifteen
(15) kilometers from the coastline of the autonomous region but within the territorial
waters of the Republic, regardless of depth and the seabed and the subsoil that are
included between two (2) lines drawn perpendicular to the general coastline from points
where the boundary lines of the autonomous region touch the sea at low tide and a third
line parallel to the general coastline.

The provinces and cities within the autonomous region shall have priority rights to the
utilization, development, conservation, and protection of the aforementioned offshore
fishing grounds.

The provinces and cities concerned shall provide support to subsistence fisherfolk
through appropriate technology and research, adequate financial, production, marketing
assistance, and other services.
The Regional Assembly shall enact priority legislation to ensure that fish-workers shall
receive a just share from their labor in the utilization, production, and development of
marine and fishing resources.

The Regional Assembly shall enact priority legislation to develop science, technology,
and other disciplines for the protection and maintenance of aquatic and marine ecology.

Section 25. Agriculture and Fisheries Bureau. - The Regional Assembly shall by law,
create a Bureau on Agriculture and Fisheries and define its composition, powers and
functions.

PD 1067 WATER CODE

CHAPTER I
DECLARATION OF OBJECTIVES AND PRINCIPLES

Article 1. This Code shall be known as The Water Code of the Philippines.

Article 2. The objectives of this Code are:

(a) To establish the basic principles and framework relating to the appropriation,
control and conservation of water resources to achieve the optimum development
and rational utilization of these resources;

(b) To define the extent of the rights and obligations of water users and owners
including the protection and regulation of such rights;

(c) To adopt a basic law governing the ownership, appropriation, utilization,

exploitation, development, conservation and protection of water resources and
rights to land related thereto; and

(d) To identify the administrative agencies which will enforce this Code.

Article 3. The underlying principles of this code are:

(a) All waters belong to the State.

(b) All waters that belong to the State can not be the subject to acquisitive
prescription.

(c) The State may allow the use or development of waters by administrative
concession.

(d) The utilization, exploitation, development, conservation and protection of

water resources shall be subject to the control and regulation of the government
 through the National Water Resources Council, hereinafter referred to as the
Council.

(e) Preference in the use and development of waters shall consider current
usages and be responsive to the changing needs of the country.

Article 4. Waters, as used in this Code, refers to water under the grounds, water above
the ground, water in the atmosphere and the waters of the sea within the territorial
jurisdiction of the Philippines.

CHAPTER II
OWNERSHIP OF WATERS

Article 5. The following belong to the State:

(a) Rivers and their natural beds;

(b) Continuous or intermittent waters of springs and brooks running in their

natural beds and the beds themselves;

(c) Natural lakes and lagoons;

(d) All other categories of surface waters such as water flowing over lands, water
from rainfall whether natural, or artificial, and water from agriculture runoff,
seepage and drainage;

(e) Atmospheric water;

(f) Subterranean or ground waters; and,

(g) Seawater.

Article 6. The following waters found on private lands belong to the State:

(a) Continuous or intermittent waters rising on such lands;

(b) Lakes and lagoons naturally occuring on such lands;

(c) Rain water falling on such lands;

(d) Subterranean or ground waters; and,

(e) Water in swamps and marshes.

The owner of the land where the water is found may use the same for domestic
purposes without securing a permit, provided that such use shall be registered, when
required by the Council. The Council, however, may regulate such when there is
wastage, or in times of emergency.
Article 7. Subject to the provisions of this Code, any person who captures or collects
water by means of cisterns, tanks, or pools shall have exclusive control over such water
and the right to dispose of the same.

Article 8. Water legally appropriated shall be subject to the control of the appropriator
from the moment it reaches the appropriator's canal or aqueduct leading to the place
where the water will be used or stored and, thereafter, so long as it is being beneficially
used for the purposes for which it was appropriated.

CHAPTER III
APPROPRIATION OF WATERS

Article 9. Waters may be appropriated and used in accordance with the provisions of
this Code.

Appropriation of water, as used in this Code, is the acquisition of rights over the use of
waters or the taking or diverting of waters from a natural source in the manner and for
any purpose allowed by law.

Article 10. Water may be appropriated for the following purposes:

(a) Domestic

(b) Municipal

(c) Irrigation

(d) Power generation

(e) Fisheries

(f) Livestock raising

(g) Industrial

(h) Recreational, and

(i) Other purposes

Use of water for domestic purposes is the utilization of water for drinking, washing,
bathing, cooking or other household needs, home gardens, and watering of lawns or
domestic animals.

Use of water for municipal purposes is the utilization of water for supplying the water
requirements of the community.

Use of water for irrigation is the utilization of water for producing agricultural crops.

Use of water for power generation is the utilization of water for producing electrical or
mechanical power.
Use of water for fisheries is the utilization of water for the propagation and culture of fish
as a commercial enterprise.

Use of water for livestock raising is the utilization of water for large herds or flocks of
animals raised as a commercial enterprise.

Use of water for industrial purposes is the utilization of water in factories, industrial
plants and mines, including the use of water as an ingredient of a finished product.

Use of water for recreational purposes is the utilization of water for swimming pools,
bath houses, boating, water skiing, golf courses and other similar facilities in resorts and
other places of recreation.

Article 11. The State, for reasons of public policy, may declare waters not previously
appropriated, in whole or in part, exempt from appropriation for any or all purposes and,
thereupon, such waters may not be appropriated for those purposes.

Article 12. Waters appropriated for a particular purpose may be applied for another
purpose only upon prior approval of the Council and on condition that the new use does
not unduly prejudice the rights of other permittees, or require an increase in the volume
of water.

Article 13. Except as otherwise herein provided, no person, including government

instrumentalities or government-owned or controlled corporations, shall appropriate
water without a water right, which shall be evidenced by a document known as a water
permit.

Water right is the privilege granted by the government to appropriate and use water.

Article 14. Subject to the provisions of this Code concerning the control, protection,
conservation, and regulation of the appropriation and use of waters, any person may
appropriate or use natural bodies of water without securing a water permit for any of the
following:

(a) Appropriation of water by means of handcarried receptacles; and

(b) Bathing or washing, watering or dipping of domestic or farm animals, and

navigation of watercrafts or transportation of logs and other objects by flotation.

Article 15. Only citizens of the Philippines, of legal age, as well as juridical persons,
who are duly qualified by law to exploit and develop water resources, may apply for
water permits.

Article 16. Any person who desires to obtain a water permit shall file an application with
the Council who shall make known said application to the public for any protests.

In determining whether to grant or deny an application, the Council shall consider the
following: protests filed, if any; prior permits granted; the availability of water; the water
supply needed for beneficial use; possible adverse effects; land-use economics; and
other relevant factors.
Upon approval of an application, a water permit shall be issued and recorded.

Article 17. The right to the use of water is deemed acquired as of the date of filing of
the application for a water permit in case of approved permits, or as of the date of actual
use in a case where no permit is required.

Article 18. All water permits granted shall be subject to conditions of beneficial use,
adequate standards of design and construction, and such other terms and conditions as
may be imposed by the Council.

Such permits shall specify the maximum amount of water which may be diverted or
withdrawn, the maximum rate of diversion or withdrawal, the time or times during the
year when water may be diverted or withdrawn, the points or points of diversion or
location of wells, the place of use, the purposes of which water may be used and such
other requirements the Council deems desirable.

Article 19. Water rights may be leaded or transferred in whole or in part to another
person with prior approval of the Council, after due notice and hearing.

Article 20. The measure and limit of appropriation of water shall be beneficial use.

Beneficial use of water is the utilization of water in the right amount during the period
that the water is needed for producing the benefits for which the water is appropriated.

CHAPTER IV
UTILIZATION OF WATERS

Article 31. Preference in the development of water resources shall consider security of
the State, multiple use, beneficial effects, adverse effects and costs of development.

CHAPTER VI
CONSERVATION AND PROTECTION OF WATERS AND WATERSHEDS AND
RELATED LAND RESOURCES

Article 66. After due notice and hearing when warranted by circumstances, minimum
stream flows for rivers and streams, and minimum water levels for lakes may be
established by the Council under such conditions as may be necessary for the
protection of the environment, control of pollution, navigation, prevention of salt
damage, and general public use.

Article 67. Any watershed or any area of land adjacent to any surface water or
overlying any ground water may declared by the Department of Natural Resources as
protected area Rules and regulations may be promulgated by such Department to
prohibit or control such activities by the owners or occupants thereof within the
protected area which may damage or cause the deterioration of the surface water or
ground water or interfere with the investigation, use, control, protection, management or
administration of such waters.

CHAPTER VIII
PENAL PROVISIONS
Article 90. The following acts shall be penalized by suspension or revocation of the
violator's water permit or other right to the use of water and/or a fine of not exceeding
One Thousand Pesos (P1,000.00), in the discretion of the Council:

(a)Appropriation of subterranean or ground water for domestic use by an

overlying landowner without registration required by the Council.

(b) Non-observance of any standard of beneficial use of water.

(c) Failure of the appropriator to keep a record of water withdrawal, when

required.

(d) Failure to comply with any of the terms or conditions in a water permit or a
water rights grant.

(e) Unauthorized use of water for a purpose other than that for which a right or
permit was granted.

(f) Construction or repair of any hydraulic work or structure without duly approved
plans and specifications, when required.

(g) Failure to install a regulating and measuring device for the control of the
volume of water appropriated, when required.

(h) Unauthorized sale, lease, or transfer of water and/or water rights.

(i) Failure to provide adequate facilities to prevent or control diseases when

required by the Council in the construction of any work for the storage, diversion,
distribution and utilization of water.

(j) Drilling of a well without permission of the Council.

(k) Utilization of an existing well or ponding or spreading of water for recharging

subterranean or ground water supplies without permission of the Council.

(l) Violation of or non-compliance with any order, rules, or regulations of the

Council.

(m) Illegal taking or diversion of water in an open canal, aqueduct or reservoir.

(n) Malicious destruction of hydraulic works or structure valued at not exceeding

P5,000.00.