Environmental Law

The world is an intricate system of relationship which links both the biotic and abiotic
factors in the environment. This delicate relationship, if disturbed or altered, affects all
others. This is one of the fundamental roles of ecology. Since man is the most dominant
and superior being in the environment, he is responsible for preserving and taking good
care of it. Thus, environmental law has evolved to protect our surroundings and all
biotic factors living therein.

Environmental law is the collection of laws, regulations, agreements and common law
that governs how humans interact with their environment. The purpose of
environmental law is to protect the environment and create rules for how people can
use natural resources. Environmental laws not only aim to protect the environment
from harm, but they also determine who can use natural resources and on what terms.
Laws may regulate pollution, the use of natural resources, forest protection, mineral
harvesting and animal and fish populations.

The Environmental Protection Laws of the Philippines

1. The Constitution of the Republic of the Philippines provides the following
jurisprudence:
ARTICLE II
Declaration of Principles and State Policies
Section 15: The State shall protect and promote the right to health of the
people and instilling health consciousness among them.
Section 16: The State shall protect and advance the right of the people to a
balanced and healthful ecology in accord with rhythm and
harmony in nature.

ARTICLE XII
National Economy and Patrimony
Section 4: The Congress shall, as soon as possible determine by law the
specific limits of forest lands and national parks, marking clearly
their boundaries on the ground. Thereafter, such forest lands
and national parks shall be considered and may not be increased
nor diminished, except by law. The Congress shall provide, for
such period as it may determine, measures to prohibit logging in
endangered forests and watershed areas.
PRESIDENTIAL DECREE NO. 1151
1. The Philippine Environmental Policy:
Section 1: Policy - it is hereby declared a continuing policy of the State:
 (a) to create, develop, maintain and improve conditions under
which man and nature can thrive in productive and enjoyable
harmony with each other;
(b) to fulfil the social, economic and other requirements of
present and future generations of Filipinos; and
(c) to ensure the attainment of an environmental quality that is
conducive to a life of dignity and well-being.
2. Philippine Environmental Code:
Section 1: Short Title: This decree shall be known and cited as the “Philippine
Environmental Code”
Title I. Air Quality Management
Title II. Water Quality Management
Title III. Land Use Management
Title IV. Natural Resources Management and Conservation
Chapter I. Fisheries and Aquatic Resources
Chapter II. Wildlife
Chapter III. Forestry and Soil Conservation
Chapter IV. Flood Control and Natural Calamities
Chapter V. Energy Development
Chapter VI. Conservation and Utilization of Surface and
Groundwater
Chapter VII. Mineral Resources
EXECUTIVE ORDER NO. 192 (1987) – Providing for the reorganization of the
Department of Environment, Energy and Natural Resources renaming it as
the Department of Environment and Natural Resources (DENR) and for other
purposes:
Section 13: FOREST MANAGEMENT BUREAU – hereby created a forest
management bureau which shall integrate and absorb the
powers, and functions of the Bureau of Forest Development
(BFD) and Wood Industry Authority (WIDA).
Section 14: LAND MANAGEMENT BUREAU – absorbs the functions and
powers of the Bureau of Lands except those line functions and
power which are transferred to the regional field office.
Section 15: MINES AND GEOSCIENCES BUREAU – absorbs the
functions of the Bureau of Mines and Geosciences (MBGS),
Mineral Reservations Development Board (MRDB), and
Gold Mining Industry Development Board (GMIDB).
Section 16: E NVIRONMENT MANAGEMENT BUREAU – abolished the
powers and functions of the National Environmental Protection
Council (NEPC), the National Pollution Control Commission
(NPCC) and the Environmental Center of the Philippines (ECP).
Section 17: ECOSYSTEM RESEARCH AND DEVELOPMENT BUREAU
- abolished the Research Institute and National Mangrove
Committee
P.D. No. 1442 – An act to promote the exploration and development of
geothermal resources.
E.O. No. 223 – Vesting of the Philippine National Oil Company (PNOC) the
Jurisdiction, Control and Management, Protection, Development and
Rehabilitation over the Watershed Areas of Geothermal Reservation
where PNOC has geothermal projects, plants and properties.
LAW ON FISHERIES
P.D. No. 1152 (Title IV) Chapter 1. Fisheries and Aquatic Resources.
P.D. No. 704 – Revising and consolidating all laws and decrees affecting fish and
fisheries.
P.D. No. 1219 – Providing for the exploration, exploitation, utilization and
conservation of coral resources.

LAW ON FLOOD CONTROL AND NATURAL CALAMITIES

P.D. No. 1152 (Title IV) Chapter IV – Flood Control and Natural Calamities
Section 34; a) The control of soil erosion on the banks of rivers, shores or lakes, and
the seashores.
b) the control of flow and flooding in and from rivers and lakes.
P.D. No. 78 – Established the Philippine Atmospheric, Geophysical and Astronomical
Services Administration (PAG-ASA).

FORESTRY LAW
P.D. No. 1152 (Title IV) Chapter III – Forestry and Soil Conservation
P.D. No. 705 – Revising P.D. No. 384 otherwise known as the Forestry Reform Code
of the Philippines.
R.A. No. 3571 – An act prohibiting the cutting, destroying or injuring of planted or
growing trees or of flowering plants and shrubs or plants of scenic
value along public roads, in plazas, parks, school premises, or in any
public ground.

LAND USE PLANNING AND MANAGEMENT

P.D. No. 1152 (Title IV) Chapter III – Forestry and Soil Conservation
P.D. No. 957 – Regulating the sale of subdivision lots and condominiums, providing
penalties for violations thereof.
P.D. No. 1096 – Adopting a National Building Code of the Philippines, revising R.A.
6541.
P.D. No. 1198 – Requiring all individuals, partnerships or corporation engaged in
exploration, development and exploitation of natural resources in the
construction of infrastructure or projects to restore or rehabilitate areas
subject thereof or affected thereby to their original condition.

MINING
P.D. No. 1152 (Title IV). Chapter VII – Mineral Resources
P.D. No. 463 – Providing for a modernized system of administration and disposition
of mineral lands and to promote and encourage the development and
exploitation thereof.
P.D. No. 705 – Revising P.D. 389 otherwise known as the Forestry Reform Code of
the Philippines.
P.D. No. 211 Series of 87 – Prescribing the interim procedures in the processing and
approval of applications for the exploitation, development and utilization of
minerals.

POLLUTION AND TRAFFIC MANAGEMENT

P.D. No. 1152 – (Title 1) – AIR QUALITY MANAGEMENT
 Section 3: Ambient Air Quality Standard
Section 4: Natural Emission Standard
Section 5: Community Noise Standard
Section 6: Standard for Noise-Producing Equipment
Section 7: Aircraft Emission and Sonic Booms
R.A. 4136 – An Act to compile laws relative to land transportation and traffic rules,
to create a Land Transportation Commission and for other purposes needed
by P.D. 1057.
P.D. No. 602 – Establishing an Oil Pollution Operations Center in the Philippine
Coast Guard Headquarters.
P.D. No. 973 – Providing for the revision of P.D. No. 600 governing “Marine Pollution”.
P.D. No. 1181 – Providing for the prevention, control and abatement of air pollution
from motor vehicles and for other purposes.

WASTE MANAGEMENT
P.D. No. 1152 (Chapter III) – Methods of Solid Waste Disposal.
Section 45 – Solid waste disposal shall be by sanitary landfill, incineration,
composting and other methods as may be approved by competent
government authority.
Section 18: PROTECTED AREAS AND WILDLIFE BUREAU – which absorbs
the functions and divisions of Parks and Wildlife and the Marine Parks
Program of the Bureau of Forest Development.

PHILLIPINE LAWS ON ENERGY

P.D. No. 1152 (Title IV): NATURAL RESOURCES MANAGEMENT AND CONSERVATION
Chapter V: Energy Development
Section 36: Policy: Consistent with the environmental protection policies, the
national government, through the Energy Development Board, shall
undertake an energy development program encouraging the utilization
of invariant sources such as solar, wind and tidal energy.
REPUBLIC ACT No. 1815 – An act to create the Philippine Nuclear Energy
Commission to administer, regulate and control the use, application and
disposition of fissionable materials to authorize the establishment and
administration of an atomic energy reactor, to determine the manner of
development, use and control of atomic energy, to provide funds therefore,
and for other purposes.
P.D. No. 508 – Providing guidelines for the development and utilization of small or
sub-commercial deposits of natural gas or methane gas in the Philippines and
granting permits therefore.
Section 49 – The dumping or disposal of solid wastes into the sea and any bodies of
water in the Philippines, including shorelines and riverbanks where these
wastes are likely to be washed into the water is prohibited.

WATER AND WATER QUALITY MANAGEMENT

P.D. No. 1152: Chapter IV – Conservation and Utilization of Surface and Ground
Waters.
P.D. No. 274 – Pertains to the preservation, beautification, improvement and gainful
utilization of the Pasig River, providing for the regulation and control of
pollution of the river and its banks in order to enhance its development,
thereby maximizing its utilization for socio-economic process.
REPUBLIC ACTS RELATED TO THE ENVIRONMENTAL PROTECTION LAW
Republic Act No. 9275 (R.A. 9275)
The Philippine Clean Water Act of 2004, also known as R.A 9275, aims to protect
the country’s water bodies from land-based sources pollution (industries and
commercial establishments, agriculture and community/household activities). It
provides for a comprehensive and integrated strategy to prevent and minimize pollution
through a multi-sectoral and participatory approach involving all the stakeholders.

How will water quality be managed?

Management of water quality will either be based on watershed, river basin or
water resources region. Water quality management areas with similar hydrological,
hydrogeological, meteorological or geographical conditions which affect the reaction and
diffusion of pollutants in water bodies are to be designated by the DENR in coordination
with the National Water Resources Board (NWRB).

How will discharges of wastewater be controlled?

All owners or operators of facilities that discharge wastewater are required to get
a permit to discharge from the DENR. Existing industries without any permit are given
12 months from the effectivity of the implementing rules and regulations (IRR)
promulgated pursuant to this act to secure a permit to discharge.

How will domestic wastewater be addressed?

The Department of Public Works and Highways (DPWH) in coordination with local
government units will prepare a national program on sewage and septage management
not later than 12 months from effectivity of this act. A priority list will likewise be
prepared which will be the basis for the allotment of funds on an annual basis by the
national government for the construction and rehabilitation of required facilities.
On the other hand, LGUs are to provide the land including the road-right-of-way
for the construction of sewage and/or septage treatment facilities and raise funds for
the operations and maintenance of said facilities.
The Department of Health (DOH) will formulate guidelines and standards for the
collection, treatment and disposal of sewage as well as the guidelines for the
establishment and operation of centralized sewage treatment system. The Metropolitan
Waterworks and Sewerage System (MWSS) and other agencies mandated to provide
water supply and sewerage facilities are required to connect existing sewage lines
subject to the payment of sewerage service charge/fees within 5 years following the
effectivity of this act.
All sources of sewage and septage are required to comply with the law.

How will the discharge of water be discouraged?

Anyone discharging wastewater into a water body will have to pay a wastewater
charge. This economic instrument which will be developed in consultation with all
concerned stakeholders is expected to encourage investments in cleaner production and
pollution control technologies to reduce the amount of pollutants generated and
discharged. Effluent trading per management area will also be allowed. Rewards will
also be given to those whose wastewater discharge is better than the water quality
criteria of the receiving body of water. Fiscal and non-fiscal incentives will also be
given to LGUs, water districts, enterprises, private entities and individuals who develop
and undertake outstanding and innovative projects in water quality management.
What safeguards are provided for?
All possible discharges are required to put up an environmental guarantee fund
(EGF) as part of their environmental management plan. The EGF will finance the
conservation of watersheds and aquifers, and the needs of emergency response, clean
up or rehabilitation.

What are the prohibited acts under R.A. 9275?

Among others, the Act prohibits the following:
 Discharging or depositing any water pollutant to the water body, or such which
will impede natural flow in the water body.
 Discharging, injecting or allowing to enter into the soil, anything that would
pollute groundwater.
 Operating facilities that discharge regulated water pollutants without the
required valid permits.
 Disposal of potentially infectious medical waste into sea by vessels.
 Unauthorized transport or dumping into waters of sewage sludge or solid waste.
 Transport, dumping or discharge of prohibited chemicals, substances or
pollutants listed under Toxic Chemicals, Hazardous and Nuclear Wastes Control
Act (Republic Act No. 6969).
 Discharging regulated water pollutants without the required valid discharge
permit pursuant to this Act.
 Non-compliance of the LGU with the Water Quality Framework and Management
Area Action Plan.
 Refusal to allow entry, inspection and monitoring as well as access to reports
and records by the DENR in accordance with this act.
 Refusal or failure to submit reports and/or designate pollution control officers
whenever required by the DENR in accordance with this act.
 Directly using booster pumps in the distribution system or tampering with the
water supply in such a way to alter or impair the water quality.
 Operate facilities that discharge or allow to seep, willfully or through grave
negligence, prohibited chemical, substances, or pollutants listed under R.A. No.
6969, into water bodies.
 Undertake activities or development and expansion of projects, or operating
wastewater treatment/sewerage facilities in violation of P.D. 1586 and its IRR.

What are the fines and penalties imposed on polluters?

The following are among the fines and penalties for violators of this Act and its IRR:
Upon the recommendation of the Pollution Adjudication Board (PAB), anyone who
commits prohibited acts such as discharging untreated wastewater into any water body
will be fined for everyday violation, the amount of not less than Php 10,000 but not more
than Php 200,000.
Failure to undertake clean-up operations willfully shall be punished by
imprisonment of not less than two years and not more than four years. This also
includes a fine of not less than Php 50,000 and not more than Php 100,000 per day of
violation. Failure or refusal to clean up which results in serious injury or loss of life or
lead to irreversible water contamination of surface, ground, coastal and marine water
shall be punished with imprisonment of not less than 6 years and 1 day and not more
than 12 years and a fine of Php 500,000/day for each day the contamination or omission
continues.
In cases of gross violation, a fine not less than Php 500,000 but not more than
Php 3,000,000 will be imposed for each day of violation. Criminal charges may also be
filed.

Who should implement the Clean Water Act?

The Department of Environment and Natural Resources (DENR) is the primary
government agency responsible for the implementation and enforcement of this Act, with
the support of other government organizations, local government units, non-government
organizations and the private sector.
Towards this end, the DENR will review and set effluent standards, review and
enforce water quality guidelines, classify groundwater sources and prepare a national
groundwater vulnerability map, classify or reclassify water bodies, establish
internationally accepted procedures for sampling and analysis, prepare an integrated
water quality management framework, and subsequently prepare 10-year management
plans for each water management area.

The roles of other key government agencies are:

 The Philippine Coast Guard (PCG) shall enforce water quality standards in
marine waters, specifically from offshore sources.
 The Department of Public Works and Highways (DPWH) through its attached
agencies shall provide sewerage and sanitation facilities, and the efficient and
safe collection, treatment and disposal of sewage within the area of jurisdiction.
 The Department of Agriculture (DA) shall formulate guidelines for the re-use of
wastewater for irrigation and other agricultural uses and for the prevention,
control and abatement of pollution from agricultural and aquaculture activities.
 The Department of Health (DOH) shall set, revise and enforce drinking water
quality standards.
 The Department of Science & Technology (DOST) shall evaluate, verify,
develop and disseminate pollution prevention and cleaner production
technologies.
 The Department of Education (DepEd), Commission on Higher Education
(CHED), Department of Interior and Local Government (DILG), and the
Philippine Information Agency (PIA) shall prepare and implement a
comprehensive continuing public education and information program.

Republic Act No. 9003 (R.A. 9003)

Republic Act No. 9003 or the “Ecological Solid Waste Management Act of
2000” provides the legal framework for the country’s systematic, comprehensive and
ecological solid waste management program that shall ensure protection of public health
and the environment. It underscores, among other things, the need to create the
necessary institutional mechanisms and incentives, as well as imposes penalties for
acts in violation of any of its provision.
The implementing rules and regulations of R.A. No. 9003 are contained in DENR
Administrative Order No. 2001-34.

What are the salient features of R.A. No. 9003?

a) Creation of the National Solid Waste Management Commission (NSWMC), the
National Ecology Center (NEC) and the Solid Waste Management Board in every
province, city and municipality in the country. The NSWMC shall be responsible
 in the formulation of the National Solid Waste Management Framework and other
policies on solid waste, in overseeing the implementation of solid waste
management plans, and the management of the solid waste management fund.
The NEC, on the other hand, shall be responsible for consulting, information,
training and networking services relative to the implementation of R.A. No. 9003.
The Solid Waste Management Board of provinces, cities and municipalities shall
be responsible for the development of their respective solid waste management
plans;
b) Formulation of the National Solid Waste Management Framework; 10-year solid
management plans by local government units and consistent with the National
Solid Waste Management Framework;
c) Mandatory segregation of solid waste to be conducted primarily at the source
such as household, institutional, industrial, commercial and agricultural
sources;
d) Setting of minimum requirements to ensure systematic collection and transport
of wastes and the proper protection of the health of garbage collectors;
e) Establishment of reclamation programs and buy-back centers for recyclable and
toxic materials;
f) Promotion of eco-labeling in local products and services;
g) Prohibition on non-environmentally acceptable products and packaging;
h) Establishment of Materials Recovery Facility in every barangay or cluster of
barangays;
i) Prohibition against the use of open dumps;
j) Setting of guidelines/criteria for the establishment of controlled dumps and
sanitary landfills;
k) Provision of rewards, incentives both fiscal and non-fiscal, financial assistance,
grants and the like to encourage LGUs and the general public to undertake
effective solid waste management; and
l) Promotion of research on solid waste management and environmental education
in the formal and non-formal sectors.

How can we help solve the solid waste problem?

There are many ways to do it. A highly recommended formula is to adopt the 3R’s
of Ecological Solid Waste Management: REDUCE, REUSE and RECYCLE.
In addition to that, let us refrain from doing what have been prohibited under the
law, to include but are not limited to the following:
a) Littering, throwing, dumping of waste materials in public places like roads,
sidewalks, canals, esteros, parks and establishments;
b) Open burning of solid waste;
c) Allowing the collection of non-segregated or unsorted waste;
d) Squatting in open dumps and landfills;
e) Open dumping or burying of biodegradable and non-biodegradable materials in
flood prone areas;
f) Unauthorized removal of recyclable materials intended for collection by
authorized persons;
g) Mixing of source-separated recyclable material with other solid waste in any
vehicle, box, container, or receptacle used in solid waste collection or disposal;
h) Manufacture, distribution or use of non-environmentally acceptable packaging
materials;
i) Establishment or operation of open dumps; and
j) Importation of consumer products packaged in non-environmentally acceptable
materials.