Chapter VI. Forms or documentations required for transport of wildlife.

(Republic Act No. 9147). An Act providing for the conservation and protection of wildlife
resources and their habitats, appropriating funds therefor and for other purposes.

What is the violation of RA 9147?

Possession of Wildlife. — No person or entity shall be allowed possession of wildlife
unless such person or entity can prove financial and technical capability and facility to
maintain said wildlife: Provided, That the source was not obtained in violation of this Act.

Why is local transport important?

it reduces congestion in towns and cities. using public transport is cheaper than owning
and operating a car. no more sitting in traffic jams in rush hour thanks to bus lanes and
other bus priority measures.

Local Transportation means transportation performed on routes between cities and

settlements of two or more municipalities.

What is a local transport permit?

A local transport permit is a license issued to an individual or company by the district to
transport overweight or oversized equipment on public roads within a certain geographic
region. This permit might also need a state hauling permit, which is used on state roads.

What is the difference between national permit and local permit?

Two types of permits are issued by State Governments for goods carriage - State
Permit and National Permit. Using a State Permit, vehicles can travel only in the State
in which the permit was issued. On the other hand, a National Permit allows a vehicle
to go outside the home state.

What is a wildlife special use permit?

Wildlife Special Use Permit (WSUP) – a permit granted by the concerned DENR
Regional Office authorizing the holder thereof to utilize legally possessed/acquired
wildlife, or by-products and derivatives therefrom for local shows, exhibitions and
educational purposes.

Wildlife Collector's Permit (WCP) - permit to take or collect from the wild certain. species and
quantities of wildlife for commercial breeding/propagation; 33. Wildlife Farm Permit (WFP)
permit to develop, operate and maintain a wildlife.

What is a wildlife farm or culture permit?

(z) “Wildlife farm/culture permit” means a permit to develop, operate and maintain a
wildlife breeding farm for conservation, trade and/or scientific purposes.
HOW TO GET A LOCAL TRANSPORT PERMIT FOR YOUR PET.
1. Proceed to the Bureau of Animal Industry office: Visayas Avenue, Diliman,
Quezon City. ...
2. What are the requirements for Dogs & Cats? - The animal should be 2 months
old and above. ...
3. Be prepared to fill up a form with the following info: - Name of the
Shipper/Traveller.

What is a denr special land use permit?

Special Land Use Permit/Agreement is a privilege granted by the State to a person to
occupy, possess and manage in consideration of specified return, any public forest
lands for a specific use or purpose.

What is a DENR permit?

The Permit to Operate from the Department of Environment and Natural Resources
(DENR) in the Philippines is an official document that certifies a business or facility's
compliance with environmental laws and regulations, allowing it to legally operate.

What is the duration of a wildlife farm or culture permit?

Validity Period of WFP. The Wildlife Farm Permit shall be valid for a period of five (5)
years, renewable for the same period subject to evaluation of the permittee's
compliance with the terms and conditions of the WFP. Section 6.6.

What is the DENR AO 55?

55 declaring the Dugong or sea cow (Dugong dugon) as a Protected Marine Mammal of
the Philippines. This Order declares the Dugong a protected marine mammal of the
Philippines. Any person who hunts, kills, wounds, possesses, transports, etc.

Chapter VII. Rules of procedure for environmental cases

 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

Chapter VIII. Other Environmental Related Laws

What is RA 8371 indigenous peoples Act?

Republic Act No. 8371 | GOVPH. 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 PURPOSESCHAPTER
IGeneral Provisions SECTION 1.

What are the 4 pillars of the IPRA law?

These four bundles of rights include:
1.the right to ancestral domain and lands,
2.right to self-governance and empowerment,
3.social justice and human rights,
4. and right to cultural integrity.

Early beginnings[edit]
In 1909, in the case of Cariño vs. Insular Government,[1] the court has recognized long occupancy of
land by an Indigenous member of the cultural communities as one of private ownership (which, in
legal concept, is termed "native title"). This case paved the way for the government to review the so-
called "native title" or "private right." In the year 1919, the Second Public Land Act was enacted,
recognizing the right of ownership of any native of the country who, since July 4, 1907, or prior
thereto, has continuously occupied and cultivated, either by himself or through his predecessors-in-
interest, a tract of agricultural public land.[2]
In 1936, Commonwealth Act No.141, amended by R.A. 3872 of 1964, was passed which provides
that members of the national cultural minorities who have resided on agricultural, public land since
July 4, 1955, are entitled to recognition of ownership whether or not the land has been certified as
"disposable." They shall be conclusively presumed to have performed all conditions essential to a
government grant and shall be entitled to a certificate of title.[3]
In the 1970s, the laws protecting Indigenous people's lands expanded to territorial and bigger
domains. Under Bureau of Forestry Administrative Order No. 11 of 1970, all forest concessions were
made subject to the private rights of cultural minorities within the area as evidenced by their
occupation existing at the time a license is issued by the government. The Revised Forestry Code of
1975 (Presidential Decree 705 under President Marcos) defines this "private right" of as "places of
abode and worship, burial grounds and old clearings."[4]
In 1978, the Presidential Arm for National Minorities (PANAMIN) was authorized to design,
implement and maintain settlements among the National Minorities. Prior to this, a Presidential
Decree was issued in 1974, "declaring all agricultural lands occupied and cultivated by members of
the national Cultural Communities since 1964 as alienable and disposable, except the islands of
Panay and Negros and the provinces of Abra, Quezon, Benguet and Camarines which became
effective on March 11, 1984."[3]
The most recent laws before the Indigenous People's Rights Act of 1997 was passed which
recognize the existence of ancestral land right are the Organic Act of Autonomous Region in Muslim
Mindanao (RA 6734, 1989), and the Organic Act for the Cordillera Autonomous Region (RA 6766,
1989).[3]
Under the Constitution of the Philippines[edit]
The 1987 Philippine Constitution mandates state recognition, protection, promotion, and fulfillment of
the rights of Indigenous peoples in the Philippines.[5][6]
Historical evolution of RA 8371[edit]
The decrees that have been passed fail to encompass all the needs of the indigenous people
primarily because of failure in implementation and sole focus on the land and domains only.
Because of this, a more comprehensive law is needed that "seeks to stop prejudice against
indigenous people through recognition of certain rights over their ancestral lands, and to live in
accordance recognize and protect the rights of the indigenous people not only to their ancestral
domain but to social justice and human rights, self-determination and empowerment, and their
cultural integrity,[3]" This then gave birth to movements for a comprehensive law that will protect not
only the lands, but human rights of the Filipino indigenous people.
CIPRAD or the Coalition for Indigenous People's Rights and Ancestral Domains is an alliance of
Indigenous People's Organizations (IPOs) and non-government organizations (NGOs) created to
pursue the advocacy for IP rights and ancestral domains. The Coalition is participated by IPOs in the
Cordillera, Region I, Nueva Vizcaya, Cagayan, Caraballo, Sierra Madre, Quezon, Aurora, Quirino,
Nueva Ecija, Zambales, Pampanga, Bulacan, Mindoro Occidental, Palawan, Panay, Davao,
Cagayan, Cotabato and Zamboanga. CIPRAD partnered with various NGOs organizations such as
Episcopal Commission on Indigenous Peoples, National Peace Conference, Center for Living
Heritage and PANLIPI (Legal Assistance Center for Indigenous Filipinos) in order to lobby for the
IPRA or Indigenous People's Rights Act.
IPRA, formerly known as Ancestral Domain Bill, was first filed in the Congress sometime in 1987
under the Senate Bill No. 909 authored by Senator Santanina Rasul, Senator Joseph Estrada and
Senator Alberto Romulo, during the 8th Congress, but was never enacted into law. In the 9th
Congress, Senator Rasul introduced Senate Bill No. 1029 and Senator Gloria Macapagal-Arroyo
introduced Senate Bill No. 1849. However, the bill was never sponsored and deliberated upon on the
floor.
Despite these failed efforts, the IPOs decided to give it another try. Decisions have been made
during social negotiations among NGOs and POs to rename the bill from Ancestral Domain Bill to
Indigenous Peoples Rights Act to emphasize the holistic approach and character of the bill. A
consensus was made in December 1995 between IP representatives and NGO representatives.
Seven non-negotiable points of the bill that were promoted are the following:
a) recognition of native title and rights of Indigenous peoples (IPs) to ancestral domains, b) respect
for the right to cultural integrity, c) recognition of indigenous peoples' political structures and
governance, d) delivery of basic services to the indigenous peoples, e) respect for human rights, f)
elimination of discrimination, g) and creation of an office that would cater to IPs' needs. [3]
In 1996, during the 10th Congress, Senator Juan Flavier sponsored Senate Bill no. 1728. In his
sponsorship speech, he discussed the legal bases for the bill found in the 1987 Constitution. He also
discussed the basic rights of Indigenous cultural communities (ICCs), the contents of the bill itself,
and the immediate need of protection of the Filipino Indigenous People. [3]
Despite difficult hurdles and amendments enacted in the Congress that nearly brought the
movement to its death, the House of Representatives finally approved the bill late in September
1997. President Fidel V. Ramos signed it on October 29, 1997[7] officially making it Republic Act No.
8371 Indigenous People's Rights Act of 1997, which aims to "Recognize, Protect and Promote the
Rights of Indigenous cultural Communities/Indigenous Peoples (ICCs/IPS) and for other Purposes."

Definition of terms[edit]
Indigenous people of the Philippines[edit]
"The Philippines is a culturally diverse country with an estimated 14- 17 million Indigenous Peoples
(IPs) belonging to 110 ethno-linguistic groups. They are mainly concentrated in Northern Luzon
(Cordillera Administrative Region, 33%) and Mindanao (61%), with some groups in the Visayas area
(as of 2013)." The term Indigenous people is used to reflect the contemporary international language
which was formally adopted in 1993.[5]
As of 1998, this is the list of the identified Indigenous People in the Philippines and their location. [3]

Cordillera and Region

Location of Domains
I

Bontoc Mountain Province

Balangao Mountain Province

Isnag Kalinga, Apayao

Tingguian Abra, Kalinga & Apayao

Kankanaey Benguet, Mountain Province, Baguio

Kalanguya Benguet, Ifugao

Karao Benguet

Ibaloi Benguet

Ayangan Ifugao

Ifugao Ifugao

Tuwali Ifugao

Kalinga Kalinga

Apayao Kalinga, Apayao

Bago La Union, Ilocos Sur, Ilocos Norte, Pangasinan

Caraballo Mountains Location of Domains

Agta Cagayan, Quirino, Isabela

Kalanguya Nueva Vizcaya

Bugkalot Nueva Vizcaya, Quirino

Isinai Nueva Vizcaya

Gaddang Nueva Vizcaya, Isabela

Aggay Cagayan

Dumagat Isabela, Cagayan

Ibanag Cagayan

Itawes Cagayan

Ivatan Batanes

Rest of Luzon/ Sierra Madre

Mountains

Aeta, Negrito, Baluga, Pugot Zambales, Bataan, Tarlac, Pampanga

Abelling Tarlac

Agta Aurora, Palayan City, Camarines Sur

Dumagat Quezon, Rizal, Aurora

Remontado Rizal, Laguna, Quezon

Bugkalot Aurora

Cimaron Camarines Sur

Kabihug Camarines Norte

Tabangnon Sorsogon

Abiyan (Aeta) Camarines Norte/Sur

Isarog Camarines Norte

Itom Albay

Pullon Masbate

Island Groups Location of Domains

Agutaynon Palawan

Tagbanua Palawan

Dagayanen Palawan

Tao't Bato Palawan

Batac Palawan

Palawanon Palawan

Molbog Palawan

Iraya Mangyan Occidental Mindoro/Oriental Mindoro

Hanunuo Mangyan Occidental Mindoro/Oriental Mindoro

Alangan Mangyan Oriental Mindoro

Buhid Mangyan Occidental Mindoro/Oriental Mindoro

Tadyawan Occidental Mindoro/Oriental Mindoro

Mangyan

Batangan Mangyan Occidental Mindoro

Gubatnon Mangyan Occidental Mindoro

Ratagnon Occidental Mindoro

Ati Romblon

Cuyunon Palawan

Ati Iloilo, Antique, Negros Occidental, Capiz, Aklan

Sulod/ Bukidnon Iloilo, Antique, Capiz, Aklan

Magahat Negros Occidental

Korolanos Negros Oriental

Ata Negros Oriental

Bukidnon Negros Oriental

Escaya Bohol

Badjao Cebu/Bohol

Kongking Leyte, Samar

Southern/ Eastern Location of Domains

 Mindanao

Ata Davao del Sur/Davao City

Manobo Agusan del Norte/Agusan del Sur

Mandaya Davao Oriental

Mansaka Compostela Valley

Dibabawon Davao del Norte

Banwaon Agusan del Sur

Bagobo Davao del Sur/ Davao City

Ubo Manobo Davao del Sur/ Davao City

Tagakaolo Davao del Sur

Mamanwa Surigao del Norte

Higaonon Agusan del Norte/Agusan del Sur

B'laan Davao del Sur, Sarangani, South Cotabato

T'boli South Cotabato

Kalagan Davao del Sur

Tagabawa Davao City

Manobo B'lit South Cotabato

Matigsalog Davao City, Davao del Sur, Davao del Norte

Tigwahanon Agusan del Norte, Agusan del Sur

Sangil South Cotabato, Sarangani

Central
Location of Domains
Mindanao

Aromanon North Cotabato

Teduray Sultan Kudarat, Maguindanao, Cotabato City

Bagobo North Cotabato

Ubo Manobo North Cotabato

Higaonon Lanao del Sur, Iligan City

Subanen Lanao del Norte

Maguindanao Maguindanao

Maranao Lanao del Norte/Lanao del Sur

Iranon Maguindanao, Lanao del Sur

Karintik North Cotabato

North Cotabato, Sultan Kudarat,

B'laan
Maguindanao

Lambangian Sultan Kudarat

Dulangan Sultan Kudarat

Northern and Western

Location of Domains
Mindanao

Zamboanga del Sur, Zamboanga del Norte, Misamis

Subanen
Occidental/Misamis Oriental, Zamboanga City

Talaandig Bukidnon

Higaonon Bukidnon, Misamis Occidental/Misamis Oriental

Matigsalog Bukidnon

Umaymanon Bukidnon

Manobo Bukidnon

Kamigin Camiguin

Yakan Basilan

Sama Tawi-Tawi

Badjao/Sama Laut Tawi-Tawi, Basilan, Sulu archipelago

Kalibugan Zamboanga del Sur/Zamboanga del Norte

Jama Mapon Sulu archipelago

Legal Framework of Hazardous Waste Management

RA 6969 mandates control and management of import, manufacture, process, distribution, use,
transport, treatment, and disposal of toxic substances and hazardous and nuclear wastes in the
country.

What is the RA 6969 violation?

RA 6969: Toxic Substances and Hazardous and Nuclear Wastes Control Act of 1990.
The penalty of imprisonment of six (6) months and one (1) day to six (6) years and one
(1) day and a fine ranging from Six hundred pesos (P600.

What is a permit to operate in RA 8749?

16 of R.A. 8749. ➢ “The DENR shall have the authority to issue permits as it. may
determine necessary for the prevention and abatement of air pollution.” ➢ “Said permits
shall cover emission limitations for the. regulated air pollutants to help attain and
maintain the ambient air quality standards.”

What is the penalty for RA 8749?

For violations of all other provisions provided in this Act and of the rules and regulations
thereof, a fine of not less than Ten thousand pesos (P10,000) but not more than One
hundred thousand pesos (P100,000) or six (6) months to six (6) years imprisonment or
both shall be imposed.

What is RA 9275 all about?

This Act provides for the abatement and control of pollution from land based sources,
and lays down water quality standards and regulations. The Act shall apply to water
quality management in all water bodies: fresh, brackish and marine waters.

What is Republic Act RA 9003 all about?

9003, is to promote proper waste management practices in the Philippines. The law
aims to protect the environment and improve waste management systems in the
country.

What are the prohibited acts in RA 9003?

Prohibited Acts and corresponding penalties (1) Littering, throwing, dumping of waste
matters in public places, such as roads, sidewalks, canals, esteros or parks, and
establishment, or causing or permitting the same. Fine: P300 – P1,000, or Community
service: 1-15 days in LGU where violation was made, or both.

What is the classification of waste according to RA 9003?

Compostable wastes are biodegradable wastes such as food waste, garden waste, and
animal waste. Recyclable materials refer to any waste material retrieved from the waste
stream and free from contamination that can still be converted into suitable beneficial
use. . Special waste refers to household hazardous wastes.

-End of Final-