NatRes PPT 04 Brown Laws PDF

"Brown Laws” refer to laws and
rules which deal with pollution control and

the regulation of activities which could
affect the environment.
The Brown Environment
Air
Solid Waste Water
Toxics EIA
Environmental
Impact Assessment
RELATED JURISPRUDENCE
clean air act
1.Chavez vs. NHA G.R. No. 164527
August 15, 2007 - EN BANC
2.GMMSWM vs. JANCOM G.R. No. 163663

June 30, 2006 - Third Division
3.Henares vs. LTFRB and LTO G.R. No.

158290 October 23, 2006 - Third
Division
4. Salalima vs. ECC and SSS G.R. No. 146360

May 20, 2004 - First Division
5. SJS vs. Atienza G.R. No. 156052

February 13, 2008 - First Division
AIR
Phil Clean Air Act
(RA 8749)
Approved June 23, 1999
regulates AIR QUALITY MANAGEMENT

• Philippine Clean Air Act-R.A. 8749
Section 3 states that:
The State shall pursue a policy of balancing
development and environmental protection.
Policies:
• Formulation of national program of air

pollution management through proper
delegation and effective coordination.
• Encourage cooperation and self –regulation
among citizens and industries
• Philippine Clean Air Act-R.A. 8749
The State shall pursue a policy of balancing
development and environmental protection.
Policies:
• Focus primarily on pollution prevention and

comprehensive management program for air
pollution.
• Formulate and enforce a system of
accountability for short and long term adverse
environmental impact of a project.
• RECOGNITION OF THE STATE OF THE RIGHTS OF
CITIZENS PURSUANT TO R.A. 8749
- breathe clean air;

- Utilize and enjoy all natural resources according
to the principle of sustainable development;
Environmental Protection v. Development

“development that meets the needs of
the present without compromising
the ability of future generations to
meet their own needs.”
- to be informed of the nature and extent of
the potential hazard of any activity.
- to be served timely notice of any significant

rise in the level of pollution and the
accidental or deliberate release into the
atmosphere of harmful or hazardous
substances.
- To bring action in COURT or QUASI-JUDICIAL

BODIES to enjoin all activities in violation of
environmental laws and regulations;
- To compel rehabilitation and clean-up of
affected area;
- To seek the imposition of penal sanctions
against violators of environmental laws;
- To bring action in COURT for compensation of
personal damages resulting from the adverse
environmental and public health impact of an
activity or project;
Who will be responsible for the
implementation of CLEAN AIR ACT?
Department of Environment and

Natural Resources
(DENR)
One of the
SECTORAL
BUREAUS
UNDER DENR
The primary DENR unit which deals with

matters pertaining to environmental
management, conservation, and pollution
control.
LOCAL GOVERNMENT UNIT

responsible for the “full
administration of the air
quality management and
regulation within their
territorial jurisdiction
OTHER Government Agencies responsible
for the implementation of CLEAN AIR ACT…
AIR QUALITY MANAGEMENT SYSTEM
reducing air pollution in the Philippines,
BAD AIR WON’T LET
especially the cities, to levels which
meet theANGELS LAND
ambient air quality standards.
AIR QUALITY MANAGEMENT SYSTEM
R.A. 8749 Section 12.
Ambient Air Quality Guideline Values and

Standards. - The Department, in
coordination with other concerned agencies,
shall review and or revise and publish
annually a list of hazardous air pollutants
with corresponding ambient guideline values
and/or standard necessary to protect health
and safety, and general welfare.
MUST COMPLY AND ATTAIN
AMBIENT AIR QUALITY STANDARDS.
SAFE???
Human tolerance to pollution
cannot be measured with certainty.
whatever standards are set do not guarantee
safety BUT can only be a BEST GUESS of
tolerable limits for an everage healthy
- person.
CLEAN AIR ACTION PLANS
AIR QUALITY MONITORING
and
INFORMATION NETWORK
Preparation of the DENR of an
ANNUAL NATIONAL AIR
QUALITY STATUS REPORT
WILL SERVE AS THE BASIS IN

FORMULATING THE
INTEGRATED AIR QUALITY
IMPROVEMENT FRAMEWORK
AIR QUALITY MONITORING CONTENTS OF THE
and STATUS REPORT
INFORMATION NETWORK
1. Extent of pollution in the
country
Preparation of the DENR of an
2. Analysis and Evaluation of the
ANNUAL NATIONAL AIR
QUALITY STATUS REPORT current state
3. Identification of critical areas
that needs closer monitoring
4. Recommendation for executive
WILL SERVE AS THE BASIS IN
FORMULATING THE and legislative action
INTEGRATED AIR QUALITY 5. Other qualitative and quantitative
IMPROVEMENT FRAMEWORK
data regarding extent of air
pollution and air quality
performance
INTEGRATED AIR QUALITY
IMPROVEMENT FRAMEWORK.
This FRAMEWORK shall prescribed the

EMISSION REDUCTION GOALS using
PERMISSIBLE STANDARDS, and CONTROL
MEASURES within a specified period of time.
WILL SERVE AS THE OFFICIAL BLUE

PRINT WITH WHICH ALL GOVERNMENT
AGENIES MUST COMPLY AND ATTAIN AMBIENT
AIR QUALITY STANDARDS.
AIR QUALITY
CONTROL ACTION PLAN.
DESIGNATION OF AIRSHEDS
It is a tool for local governments to

bring down air pollution levels.
a region sharing a common flow of air,
which may become uniformly polluted
as areas with similar climate, meteorology and topology

or areas which share common interest or face similar
development programs, prospects or problems
Designated Airsheds in the Philippines
19 Airsheds including 5 Geothermal Airsheds
1. Metro Manila (NCR, Regions III & IVA)

2. Northeastern Pangasinan (Region I)
3. Metro Tuguegarao (Region II)
4. Baco-Naujan-Calapan (Region IVB)
5. Naga City (Region V),
6. Metro Iloilo (Region VI)
7. Metro Cebu (Region VII)
8. Zamboanga City (Region IX)
9. Cagayan de Oro (Region X)
10. Davao City (Region XI)
11. Agusan del Norte-Butuan City (Region XII)
12. South Cotabato (Region XIII)
13. BLIST: Baguio, La Trinidad, Itogon, Sablan, Tuba (CAR)
Designated Airsheds in the Philippines
19 Airsheds including 5 Geothermal Airsheds
14. Baco-Calapan City-Naujan (BCN) Airshed

15. Southern Negros Geothermal (Region VI)
16. Bacod-Manito Geothermal (Region VIII)
17. Leyte Geothermal (Region VIII)
18. North Cotabato Geothermal (Region XII)
19.Makiling-Banahaw Geothermal (Region IVA)
COMMON ACTION PLAN

SHALL BE FORMULATED BY
EACH AIRSHED
• Governing Board is created to effectively implement
the action plan.
BOARD COMPOSITION:
Chairman: DENR Secretary

Members: Provincial Governor
City/Municipal Mayor
Representatives from:
- from each concerned government agency

- Peoples Organization
- Non-Government Organization
- Private Sector
• FUNCTIONS OF THE BOARD:
–Formulate policies
–Prepare common action plan
–Submission and publication of
Annual Air Quality Status Report
SOURCES OF AIR POLLUTION
– Stationary sources
the DENR regulate and formulate standards for
air emissions
– Mobile sources (Motor Vehicles)

the DOTC regulate and formulate air emissions
– Other sources (smoking inside public building or

enclosed public place, inside vehicles or other means
of transport, or any other enclosed are outside of
one’s residence.)
The regulation is implemented by the LGU
SOURCE OF AIR POLLUTION
- Fuels, Additives and Substances

It is regulated by the DOE.
– Greenhouse Gases and Ozone Depleting Substances

to be regulated by the PAG-ASA.
- POPS (Persistent Organic Pollutants)

organic compounds that are extremely difficult to
break down and, as a result, have become widely
dispersed throughout the environment. Most do
not occur in nature but are created through
artificial processes.
- Radio Active Emissions
use of atomic an/or nuclear energy.
Ban on Incineration
SEC. 20. Ban on Incineration. - Incineration,

hereby defined as the burning of municipal,
biomedical and hazardous waste, which
process emits poisonous and toxic fumes is
hereby prohibited.
Provided , however…..
Ban on Incineration
the prohibition shall not apply to
traditional small-scale method of
community/neighborhood sanitation siga,
traditional, agricultural, cultural, health
and food preparation and crematoria.
Provided, further…..
Ban on Incineration
the existing incinerators dealing with
biomedical wastes shall be out within
three (3) years after the effectivity of this
Act..
Provided, finally…..
Ban on Incineration
in the interim, such units shall be

limited to the burning of pathological
and infectious wastes, and subject to
close monitoring of DENR.
any waste, which is
generated during
the diagnosis,
treatment or
immunization of
human beings or
animals or in
research activities
pertaining to or in
BIOMEDICAL the production or
testing of
WASTE biologicals and
categories.
CATEGORIZATION OF Biomedical wastes
Human Anatomical Waste:
Human body parts, tissues and organs.
Animal Waste:
Animal body parts, carcasses, excreta, bleeding
parts and wastes generated at veterinary
hospitals.
Microbiology and Biotechnology Waste:
Wastes from laboratory cultures, live or attenuated
vaccines, human and animal cell culture used in
research, wastes from biological toxins.
Waste Sharps:
Needles, syringes, blades, scalpels.
Discarded Medicines
CATEGORIZATION OF Biomedical wastes
Soiled Waste:
Cloth containing blood stains, blood coated cotton
balls, soiled plasters.
Solid Waste:
Waste generated from disposable items like tubing
and catheters.
Liquid Waste:
Waste generated from laboratory housekeeping
activities.
Incineration Waste:
Ash generated from incineration of biomedical waste.
Chemical Waste:
Chemicals used for disinfection.
with due concern on the effects of
climate change…..
The Department shall promote the use
of state-of-the art, environmentally-
sound and safe non-burn
technologies for the handling,
treatment, thermal destruction,
utilization, and disposal of sorted,
unrecycled, uncomposted, biomedical
and hazardous wastes.
MANAGEMENT OF BIOMEDICAL WASTE
Category Waste Type Treatment and Disposal Method
Category 1 Human Wastes Deep burial

(Tissues, organs, body
parts
Category 2 Animal Waste Deep burial
Category 3 Microbiology and Autoclave/microwave/

Biotechnology waste
Disinfection (chemical
Category 4 Sharps treatment)+/autoclaving/microwaving
and mutilation shredding
Destruction and drugs disposal in

Category 5 Discarded Medicines
secured landfills
and Cytotoxic Drugs
MANAGEMENT OF BIOMEDICAL WASTE
Category Waste Type Treatment and Disposal Method
Category 6 Contaminated solid waste Autoclaving / microwaving
Disinfection by chemical treatment+

Category 7 Solid waste (disposable microwaving/autoclaving & mutilation
items other than sharps) shredding
Liquid waste (generated

Disinfection by chemical treatment+ and
Category 8 from laboratory washing,
discharge into the drains
cleaning, housekeeping
and disinfecting activity)
Category 9 Incineration ash Disposal in municipal landfill
Chemical Treatment + and discharge in to

Category10 Chemical Wastes drain for liquids and secured landfill for
solids
• For any violation of the law and standards
– The DENR on its own instance, through the
Pollution Adjudication Board (PAB), or upon
verified complaint by any person institute
administrative proceedings
– Citizen Suits
any person may file an appropriate action, civil,
criminal or administrative against any person who
violates the law and standard
Sec 41. CITIZENS SUIT.
Any citizen may file an appropriate

civil, criminal or administrative
action in the proper court against…
a. Any person who violates or fails to

comply with the provisions of this Act
or its implementing rules and
regulations; or
Any citizen may file an appropriate
civil, criminal or administrative
action in the proper court against…
b. The Department or other

implementing agencies with
respect to orders, rules and
regulations issued inconsistent
with this Act;
Any citizen may file an appropriate civil,
criminal or administrative action in the
proper court against…
c. Any public officer who willfully or grossly

neglects the performance of an act specifically
enjoined as a duty by this Act or its implementing
rules and regulations; or abuses his authority in
the performance of his duty; or in any manner,
improperly performs his duties under this Act
or its implementing rules and regulations:
VIOLATION OF STANDARDS for STATIONARY SOURCES
and MOTOR VEHICLES Sections 45 and 46 R.A. 8749
Emission and other standards must be complied with.
Provides for a system of permits, quotas, and also
financial liability for environmental rehabilitation
Section 21. Pollution from Motor Vehicles.
d) In order to ensure the substantial reduction of emissions from motor vehicles, the
Department of Trade and Industry (DTI), together with the DOTC and the
Department shall formulate and implement a national motor vehicle inspection and
maintenance program that will promote efficient and safe operation of all motor
vehicles. In this regard, the DTI shall develop and implement standards and
procedures for the certification of training institutions, instructors and facilities and
the licensing of qualified private service centers and their technicians as
prerequisite for performing the testing, servicing, repair and the required adjustment
to the vehicle emission system. The DTI shall likewise prescribe regulations
requiring the disclosure of odometer readings and the use of tamper-resistant
odometers for all motor vehicles including tamper-resistant fuel management
systems for the effective implementation of the inspection and maintenance
program.
WATER
Approved March 2, 2004

Effectivity May 6, 2004
IRR were approved by the DENR May 16,
2005 and took effect June 10, 2005
regulates
WATER QUALITY MANAGEMENT
clean water act
1. LLDA v. CA
G.R. No. 110120
2.Hizon vs. CA G.R. No. 119619 December 3, 1996
3. Navarro vs. IAC G.R. No. 681166

December 12, 1997
4. People of the Philippines vs. Vergara

G.R. No. 110286 April 2, 1997
The State shall pursue a policy of economic growth
in a manner consistent with the PROTECTION,
PRESERVATION, and REVIVAL of the quality of our
fresh, brackish and marine waters.
It aims to protect the country’s
water bodies from land-based sources of pollution.
It provides a comprehensive and integrated strategy

to prevent and minimize pollution through a multi-
sectoral and participatory approach.
Water Quality Management System
the DENR, in coordination with National Water
Resources Board (NWRB), shall designate
certain areas as water quality management
areas using appropriate physiographic units
such as watershed, river basins or water
resources regions.
A watershed is the area of land where all of the water
that is under it or drains off of it goes into the same
place.
"that area of land, a bounded hydrologic system, within which

all living things are inextricably linked by their common
water course and where, as humans settled, simple logic
demanded that they become part of a community."
A river basin is the land that water flows across or
under on its way to a river. A river basin sends all of
the water falling within it to a central river and out to
an estuary or to the ocean.
Everyone lives in a river
basin. It is part of your
ecological address.
Whatever happens to the
surface water and
groundwater upstream will
eventually have an effect
downstream. Even if
you don’t live near a river,
you still have an effect on
your river basin.
Water Quality Management System
DESIGNATION OF WATER QUALITY MANAGEMENT
AREAS
BASIS:
shall have similar hydrological, hydrogeological,
meteorological or geographic conditions which affect
the physicochemical, biological and bacteriological
reactions and diffusions of pollutants in the water
bodies, or otherwise share a common interest or face
similar development programs, prospects or
problems.
PURPOSE OF DESIGNATING WATER QUALITY
MANAGEMENT AREAS
- one of the strategies identified to effectively enforce the

CWA and improve the water quality of water bodies
through focused interventions or actions that are designed
to address specific water quality issues of the areas.
POINT OF CONSIDERATION
-water quality problems,
-sources of pollution,
- beneficial use of the receiving water body
- determine what combination of control measures can
effectively achieve water quality objectives or
improvements.
• Point source
human settlement, farming and industrial
domestic waste water
agriculture & livestock
Point source pollution, on the
most basic level, is water
pollution that comes from a
single, discrete place, typically
a pipe, including but not limited
to any pipe, ditch, channel,
tunnel, conduit, well, discrete
fissure, container, rolling stock,
concentrated animal feeding
operation, or vessel or other
floating craft, from which
pollutants are or may be
discharged.
• Non Point Source-
runoffs from urban, agricultural and
forestry activities
"nonpoint source"
is defined to mean any
source of water
pollution that does
not meet the legal
definition of "point
source"
Designated WQMA in the Philippines
1. area within the jurisdiction of the Laguna Lake

Development Authority (LLDA) was designated as
one WQMA under the administration of the LLDA.
2.Tigum-Aganan Watershed WQMA in Iloilo province

(Region VI)
3. Marilao-Meycauayan-Obando (MMO) River

System WQMA in Bulacan province
Designated WQMA in the Philippines
Iloilo-Batiano River System WQMA- Region VI
Sarangani Bay WQMA - Region XII
Balili River was designated as WQMA

by virtue of DAO 2013-05 on February 19, 2013
The designation aims to protect and improve the

water quality of the river and to make it a sustaining
resource for the people of baguio City and the
municipalities of La Trinidad and Sablan, in the province of
Benguet.
• The Water Quality Management Areas shall be governed
by a governing board.
CHAIRMAN: DENR Representative
MEMBERS :
representatives of the following:

- mayors,
- governors
- relevant national government agencies,
- NGOs
- Water Utility Sector and
- Business Sector.
What is the role of the LGU in the water
quality management?
Responsible for water quality within their

jurisdictions in places within WQMA. LGU
shall prepare a complaince scheme subject
to review and approval of the WQMA
Governing Board.
The human right to water places certain
responsibilities upon governments to ensure
that people can enjoy "sufficient, safe,
accessible and affordable water, without
discrimination"
Most especially, governments are expected to

take reasonable steps to avoid a contaminated
water supply and to ensure there are no water
access distinctions amongst citizens.
implementation of CLEAN WATER ACT?
-lead agency that is mandated explicitly by
the Clean Water Act to take the lead role
in ensuring the implementation of the
law.
-Tasked to develop policies and guidelines

in support to the implementation of the
CWA.
-Preparation of a National Water
Quality Status Report
-Integrated Water Quality Management
Framework
-10 Year Water Quality Management Area
Action Plan
(this Action Plan is to be reviewed
by the water quality
management area governing
board every 5 years or as the need
arises.)
Other Agencies required by the Clean Water Act to
establish a national research and development program
for the prevention and control of water pollution.
Tasked to prepare a national program on

sewerage and septage management,
which shall include a priority listing of
sewerage, septage and combined
sewerage-septage projects of LGU’s.
Tasked to appropriate the necessary land

LGU and road right of way for the
construction of the sewage and/or
septage treatment facilities.
Tasked to formulate guidelines and

standards for the collection, treatment
and disposal of sewage including
guidelines for the establishment and
operation of centralized sewage system.
Responsible for the promulgation,

revision and enforcement of drinking
water quality standards.
In coordination with the DA and DENR

is responsible for enforcing water
quality standards in marine waters,
specifically from offshore sources.
Responsible for the provision of

sewerage and sanitation facilities and
the efficient and safe collection,
treatment and disposal of sewage
within their area of jurisdiction.
To develop guidelines for re-use of
wastewater for irrigation and other
agricultural purposes and for the prevention,
control and abatement of pollution from
agricultural and aquaculture activities.
The BFAR, under the DA, is responsible for

the prevention and control of water pollution
for the development, management and
conservation of the fisheries and aquatic
resources.
To prepare a program for evaluation,

verification, development and public
dissemination of pollution prevention
and cleaner production technologies.
Tasked to assist and coordinate with

the DENR in the preparation and
implementation of comprehensive and
continuing public education and
information program
In 1999, the Concerned Residents of Manila Bay filed a
complaint against several government agencies for the
clean-up, rehabilitation, and protection of the historic
waters of Manila Bay.
Allegations: The continued neglect by these agencies of
their legal duty to abate the pollution in Manila Bay
constituted a violation of several laws, including the
Environment Code, Pollution Control Law, and the Water
Code, among others.
They presented proof that the waters of the Bay were
unsafe for bathing and other contact recreational
activities.
The examination of Manila Bay revealed that it had a fecal
coliform in the amounts ranging from 50,000 to 80,000
most probable number (MPN) per 1 ml, which is way
above the prescribed safe level of 200 MPN
per 100 ml.
Prayer: That these government agencies be ordered to
clean-up Manila Bay and submit a concrete plan of
action for the purpose.
On December 18, 2008, the Supreme Court promulgated
a landmark decision . In this case, the Supreme Court
played a large role in the urgent call for the clean-up of
Manila Bay.
The Regional Trial Court, Court of Appeals and the

Supreme Court all unanimously ordered the government
agencies to coordinate for the clean-up of Manila Bay
and its restoration to its healthy state.
In a nutshell, the Court ordered agencies to
immediately enforce the laws and perform their duty to
protect the environment.
Defendant MWSS is directed to install, operate and

maintain adequate [sewerage] treatment facilities in
strategic places under its jurisdiction and increase their
capacities.
Defendant LWUA, to see to it that the water districts

under its wings, provide, construct and operate
sewage facilities for the proper disposal of waste.
Defendant DENR, which is the lead agency in cleaning
up Manila Bay, to install, operate and maintain waste
facilities to rid the bay of toxic and hazardous
substances.
Defendant PPA, to prevent and also to treat the

discharge not only of ship-generated wastes but also
of other solid and liquid wastes from docking vessels
that contribute to the pollution of the bay.
Defendant MMDA, to establish, operate and maintain
an adequate and appropriate sanitary landfill and/or
adequate solid waste and liquid disposal as well as
other alternative garbage disposal system such as re-use or
recycling of wastes.
Defendant DA, through the Bureau of Fisheries and

Aquatic Resources, to revitalize the marine life
in Manila Bay and restock its waters with indigenous
fish and other aquatic animals.
Defendant DBM, to provide and set aside an adequate
budget solely for the purpose of cleaning up and
rehabilitation of Manila Bay.
Defendant DPWH, to remove and demolish structures

and other nuisances that obstruct the free flow of
waters to the bay. These nuisances discharge solid and
liquid wastes which eventually end up in Manila Bay. And
to actively participate in removing debris, such as
carcass of sunken vessels, and other non-
biodegradable garbage in the bay.
Defendant DOH, to closely supervise and monitor the
operations of septic and sludge companies and require
them to have proper facilities for the treatment and disposal
of fecal sludge and sewage coming from septic tanks.
Defendant DECS, to inculcate in the minds and hearts of

the people through education the importance of
preserving and protecting the environment.
Defendant Philippine Coast Guard and the PNP Maritime

Group, to protect at all costs the Manila Bay from all
forms of illegal fishing.
WATER POLLUTION: Section 27(a); (b); CHEMICAL DUMPING:Section 27(f)
and ILLEGAL DISCHARGE (Section 27(i)
R.A. 9275
Sections 27a to 27o
PROHIBITED ACTS
Administrative sanctions and action
–Local government officials shall be
subject to administrative sanctions
who fails to comply with their action
plan accordance with the relevant
provision of R.A. No. 7160 (LGC)
Administrative sanctions and action
The DENR shall on its own instance or

upon verified complaint by any
person, institute proceedings in the
proper forum against any person who
violates the standards or limitations
provided by this Act or order, rules and
regulation with respect to such
standards
is a quasi-judicial body of the DENR which hears and
decides various pollution cases under the following:
-Republic Act No. 3931 (Pollution Control Law)

-Presidential Decree No. 984 (National Pollution
Control Decree of 1976)
-Republic Act No. 9275 (Clean Water Act)
-Republic Act No. 8749 (Clean Air Act)
Complaints filed with DENR Regional Offices
and with the Provincial and Community
Environment and Natural Resources Officer
(PENRO and CENRO) shall be brought
before the PAB.
It can also initiate cases and complaints on

its own initiative.
FUNCTIONS and POWERS
1. Issue Cease and Desist Orders (CDOs)

2. Impose fines and penalties for violations;
3. Order execution of its judgments and
decisions;
4. Cite persons for direct or indirect contempt
for failure to follow its orders.
✓The PAB is organizationally under
the supervision of the Office of the
Secretary of the Department of
Environment and Natural Resources
(the DENR),
✓The Environmental Management

Bureau (EMB) provides the Secretariat
support.
Composition of the BOARD
(the PAB)
Chairman: DENR Secretary
Members:
2 DENR Undersecretaries
EMB Director
3 others (to be designated by the Secretary)
Organizational Placement
(co-equal w/ RTC)
Sec.7 (d) of PD 984-

Execution of decision
Any decision or order of the Commission,
after the same has become final and
executory, shall be enforced and executed
in the same manner as decisions of
Courts of First Instance, …
Pollution Adjudication Process
Compliance
- Monitoring NOV1 Technical Period
- Complaint Conference
-Inspection
Report
Non Compliant Compliant

●Endorse to PAB ●Resolution
Regional Office
Forinspection/reports
PAB
Regl Office Resolution/
Order Order
Execute
Order Fines/Penalties Fines/
Penalties
1 Regional Offices should submit copies of all NOVs to the PAB
Role of ROs in Adjudication Process
Compliance
- Monitoring
1 NOV1 Technical Period
- Complaint
Conference
-Inspection
2 Report 3
4
Non Compliant Compliant

●Endorse to PAB ●Resolution
Regional Office
For inspection/reports
6 PAB 5
Regl Office Resolution/ Order

Order Fines/ Penalties
Execute Fines/Penalties
Order
Roles of Regional Offices (RO’s)
in Adjudication Process
1. Action on Complaints
2. Monitoring
3. Notice of Violation
4. Technical Conference
5. Elevating case to PAB
6. Implementation of CDO
SOLID WASTE
Approved January 26, 2001

systematic administration of activities
which provide for segregation,
transportation, storage, transfer processing
and all other waste management activities.
WASTE REDUCTION and proper solid
waste segregation are no longer choices
we have to make.
As law-abiding citizens of this country,

we are required to follow a law enacted
as early as 2001.
PROPER WASTE MANAGEMENT
-- Guidelines in proper solid waste management.
-- Use of comprehensive and ecological solid

waste management.
The policy of the State to adopt a

comprehensive and ecological solid waste
management program
-- Creation of the National Solid Waste
Management Commission
--to formulate a
National Solid Waste
Management Framework
--to oversee the implementation of

the law.
Local government units are

mandated to implement proper
solid waste management.
Role of LGUs in solid waste management

pursuant to R.A. 7160.
• the LGUs shall be primarily responsible for
the implementation and enforcement of this
Act within their respective jurisdiction.
• LGUs shall established their respective board

to develop a local solid waste management
plan which shall be submitted to the
Commission for approval.
Local Government Solid Waste
Management Plan (LGSWMP)
Section 17, RA 9003
The thrust of the LGSWMP shall be the

identification of implementable strategies
and activities that encourage the REUSE,
RECYCLING, and COMPOSTING of wastes
generated in their respective jurisdiction…
with schedules, timetables, targets and
indicators of achievements..
INSTITUTIONAL STRUCTURE
National Solid Waste
Management DENR-EMB-NSWMC
Comission (Technical Support)
(Policy Making
ECOLOGICAL SOLID
WASTE
MANAGEMENT ACT
(Waste Generators)
Local Government
CITIZENS
Units
(Waste Generators)
(Implementation)
Institutional Mechanism for Implementing
Solid Waste Management (SWM)
HOW TO MANAGE THE TONS OF WASTE
GENERATED PER DAY
SOLID WASTE COMPOSITION
Paper 12%
Plastics 25%
Metals 5%
Glass 3%
Special Hazardous 1%
Food & Other Organics

50%
Waste Analysis and Characterization Survey (WACS)-Metro

Manila Solid Waste Management Project, ADB 2003
ECOLOGICAL SOLID WASTE MANAGEMENT
ACT OF 2000
Mandatory segregation at source
Mandatory segregated collection
Establishment of LGU materials

recovery facilities (MRF)
Closure/conversion of open dumps to

Controlled Disposal Facility/ Final
Disposal systems
ACT OF 2000
SECTION 21 & 22
1. Reduction of Wastes Being Generated
2. Reduction of Wastes to be Disposed, through:
segregation at source
Z E R O
B A S U R A
ACT OF 2000
SECTION 21 & 22
-separate container for each type of waste
from all sources
-solid waste containers shall be properly
marked or identified on-site collection
as “compostable”, “non-recyclable”,
or “special waste”, and any other
classification as may be determined by
the Commission.
ACT OF 2000
SECTION 21 & 22
-For premises containing six or more residential
units, the LGU shall promulgate regulations
AND….
PROVIDE FOR THE RESIDENTS A
DESIGNATED AREA and CONTAINERS IN
WHICH TO ACCUMULATE SOURCE
SEPARATED RECYCLABLE MATERIALS TO BE
COLLECTED BY THE MUNICIPALITY OR
PRIVATE CENTER.
ACT OF 2000
Mandatory segregation at Collection

Section 23
-all collectors shall be equipped with PERSONAL
PROTECTIVE EQUIPMENT
-necessary TRAINING shall be given
-collection of waste shall PREVENT DAMAGE

TO THE CONTAINER and SPILLAGE or
scattering of waste within the vicinity.
ACT OF 2000
Establishment of LGU materials recovery
facilities (MRF)– Section 32
-for every barangay or cluster of barangays
REDUCTION..REUSE…RECYCLE
WASTE is a RESOURCE that can be recovered

Recycling and Composting
Undertaken through Materials Recovery
Compost Processing
For PLASTICS…the plastic densifier
oven --this is where they melt styrofoam
and clear plastic bags, and turn into…
Finished product
Paving blocks/tiles
leftovers are processed….
will turn into soil conditioner.
Paper…
Doy Packs
ACT OF 2000
Closure/conversion of open dumps to
Controlled Disposal Facility/ Final
Disposal systems - Section 37
Any person who shall commence

operation for construction and
expansion of SOLID WASTE
MANAGEMENT FACILITY must obtain
an ENVIRONMENTAL COMPLIANCE
CERTIFICATE (ECC) from DENR-EMB
SANITARY LANDFILL Open/controlled Dumpsite
ILLEGAL DUMPING and DISPOSAL OF WASTES:
Littering (Section 48[1])
Open Burning of Solid Waste (Section 48[3])
Dumping in Flood Prone Areas (Section 48 [6])
ILLEGAL DUMPSITES and WASTE DISPOSAL FACILITIES:
Open Dumps (Section 48[9])
Construction and operation of a landfill near a watershed, resevoir, or
aquifer (Section 48[16])
Environmental/Natural
Resources
Management
Conservation
The Philippine Environmental Impact
Assessment System
Establishing an Environmental Impact
Statement (EIS) System
Including Other Environmental Management
Related Measures and for Other Purposes
P.D. 1586
Approved on June 11, 1978

IMPLEMENTATION of PEISS BY THE DENR
with the principles of sustainable development

and a systems-oriented and integrated approach
To enhance
PLANNING and GUIDE DECISION MAKING
Environmental Impact Statement System
Presidential Decree No. 1586
–All proposed projects whether

government or private with
significant affect to the quality of the
environment is covered.
Environmental Impact Statement System
Presidential Decree No. 1586
–EIS System is primarily concerned with
assessing the direct and indirect impacts
of a project on the biophysical and
human environment and;
– ensuring that these impacts are
addressed by appropriate
environmental protection and
enhancement measures
Environmental Performance Report and Management Plan
Initial Environmental Examination
National Environmental Protection Council
GOVERNMENTS AROUND THE WORLD PUT
IN PLACE REGULATIONS TO MANAGE
REASONS:
Proliferation of Toxic Substances
Widespread use of Nuclear Technology
Transboundary Movement of Toxic Substances
Approved on October 26, 1990

control toxic substances and hazardous
nuclear wastes
RA 6969
• Scope – this Act shall cover the importation,
manufacture, processing, handling, storage,
transportation, sale, distribution, use and
disposal of all unregulated chemical
substances and mixture in the Philippines,
including the entry even in transit, as well as
the keeping or storage and disposal of
hazardous and nuclear wastes into the
country for whatever purposes.
• The Philippine Inventory of Chemical and
Chemical Substances (PICCS) listed 46,280
chemicals that are regularly imported,
manufactured and used by industrial
establishment and other related operations…
RA 6969 regulates the import, manufacture

and use of chemicals and substances for public
health and environmental protection.
Mercury
Cyanide
Asbestos
Poly Chlorinated
Biphenyls
ozone depleting
Controlled Chemicals
Pre-Manufacturing and Pre-Importation
Requirements (Section 8, RA 6969)
BEFORE any new chemical
substances or mixture can be
manufactured, processed or imported for
the first time as determined by the
DENR……
the MANUFACTURER, PROCESSOR

OR IMPORTER shall submit the
following information:
1. The name of the chemical

substance;
2. The chemical identity and molecular

structure.
3. The proposed categories of use.

4. an estimate of the amount to be
manufactured, processed or imported;
processing and disposal thereof;
5. any test data related to health and

environmental effects which the
manufacturer, processor or importer
has.
Of the four (4) PROHIBITED ACTS…
KNOWINGLY USING A CHEMICAL SUBSTANCE
OR MIXTURE IN VIOLATION OF THE
RULES AND REGULATIONS
(SECTION 13 [a])
CAUSING OR FACILITATING THE STORAGE AND

IMPORTATION OF HAZARDOUS AND CHEMICAL
WASTES INTO THE PHILIPPINES
(SECTION 13 [d])
will most likely cause harm

to the environment.
KNOWINGLY USING A CHEMICAL SUBSTANCE OR MIXTURE IN VIOLATION OF THE
RULES AND REGULATIONS (SECTION 13 [a])
CAUSING OR FACILITATING THE STORAGE AND IMPORTATION OF HAZARDOUS AND

CHEMICAL WASTES INTO THE PHILIPPINES (SECTION 13 [d])
“BLUE LAWS”
referring to the color of the seas, oceans,
and other bodies of water.
Refer to laws which deal with the protection,

conservation and utilization of waters, marine
life, and aquatic resources.
Blue laws encompass both inland waters such as

rivers, lakes, and streams, and the seas and
oceans, whether part of the country’s territory or
not.
The State hopes to perform this mandate by . ..
….enacting law such as:

- Fisheries Code (RA 8550),
- NIPAS ACT (R.A. 7586 ) ,
- Wildlife Conservation and
Protection Act (R.A. 9147),
- Water Code (P.D. 1067)
in order to manage the
utilization and protect
these various natural
resources especially our
9/27/2019
waters.
25.00
0.0
MARINE
-200.0
RESOURCES
20.00
-1000.0
-2000.0
Total Territorial
North Latitude (degrees)
-3000.0
Water Area
15.00
2,200,000 sq. km.
-4000.0
-5000.0
Shelf area (Depth
10.00 -6000.0
200m) 184,600 sq.
-7000.0
km.
-8000.0
5.00
-9000.0
Coral Reef Area
-10000.0
27,000 sq. km.
Depth (meters)
0.00
110.00 115.00 120.00 125.00 130.00 135.00
Coastline (Length)
East Longitude (degrees)
Straight Baselines - Republic Act No. 3046 amended by R.A. 5446 36,289 km
Treaty Limits - Treaty of Paris (1898)
200 n.mi. E.E.Z. - Presidential Decree No. 1593; 1978
Kalayaan Claim - Presidential Decree No. 1595; 1979
A marine protected area (MPA) is essentially
a space in the ocean where human activities are
more strictly regulated than the surrounding
waters - similar to parks we have on land.
These places are given special protections

for natural or historic marine resources by
local, state, territorial, native, regional, or
national authorities.
25.00
0.0
INLAND
-200.0 RESOURCES
20.00
-1000.0
-2000.0 Swamplands
North Latitude (degrees)
15.00
-3000.0
246,063 ha
-4000.0
-5000.0
10.00 -6000.0
Brackish water
-7000.0
Fishpond
-8000.0 253,854 ha
5.00
-9000.0
-10000.0 Other Inland

Depth (meters)
0.00
Resources
110.00 115.00 120.00 125.00 130.00 135.00
East Longitude (degrees)

250,000 ha
Straight Baselines - Republic Act No. 3046 amended by R.A. 5446
Treaty Limits - Treaty of Paris (1898)
200 n.mi. E.E.Z. - Presidential Decree No. 1593; 1978
Kalayaan Claim - Presidential Decree No. 1595; 1979
The inland waters as aquatic-
influenced environments are located
within land boundaries.
They include lakes, rivers, ponds,

streams, groundwater, springs, cave
waters, floodplains, as well as bogs,
marshes and swamps, which are
traditionally grouped as inland
wetlands.
Inland water biodiversity is critically
important to human well-being.
They provide food security and livelihood

through fisheries and other resources, and
also support many ecosystem services such
as climate regulation, flood mitigation,
nutrient cycling, groundwater recharge,
water purification and waste treatment.
The Visayan Sea
(bounded by Iloilo,
Romblon, Masbate,
Cebu, Negros)
-one of the country’s

richest fishing
grounds.
Lingayen Gulf is the major fishing ground
before…but it reached already its
maximum sustainable yield more than 20
years ago.
Cathes rates are only 1/5 of what they

were 15 years ago, compelling fishers to
invest more time and money in dwindling
catches fishing grounds.
Why it is important to protect our
fisheries?
9/27/2019
The BLUE Environment
FISHERIES CODE OF 1998
R.A. 8550
Approved on February 25, 1998
Providing for the development,

management and conservation of the
fisheries and aquatic resources.
RA 8550….Fisheries Code
POLICY OBJECTIVE
The Fisheries Code

was enacted primarily
to ensure that fisheries resources
are sufficient to meet food security
POLICY OBJECTIVE
a. to achieve food security as the

overriding consideration …in order to
provide the food needs of the
population.
POLICY OBJECTIVE
b. to limit access to the fishery and

aquatic resources for the exclusive use
and enjoyment of Filipinos;
POLICY OBJECTIVE
c. to ensure the rational and sustainable
development, management and
conservation of the fishery and aquatic
resources in Philippine water including the
EEZ
POLICY OBJECTIVE
d. to protect the rights of fisherfolk,

especially of the local communities in the
preferential use of the municipal waters.
POLICY OBJECTIVE
e. to provide support to the fishery
sector, primarily to the municipal
fisherfolk, women and youth sectors,
through technology and research, post-
harvest facilities, marketing and others.
POLICY OBJECTIVE
f. to manage fishery and aquatic

resources, in a manner consistent with the
concept of an Integrated Coastal Area
Management (ICM)
POLICY OBJECTIVE
g. to grant the private sector the privilege to
utilize fishery resources under the basic
concept that the grantee, licensee is an active
participant and partner of the Government in
the sustainable development, management,
conservation and protection of the aquatic
resources of the country.
APPLICATION
all Philippine waters including other
waters over which the Philippines has
sovereignty and jurisdiction, and the
country's 200-nautical mile Exclusive
Economic Zone (EEZ) and continental
shelf;
APPLICATION
all aquatic and fishery resources

whether inland, coastal or offshore
fishing areas, including but not
limited to fishponds, fish pens/cages;
APPLICATION
all lands devoted to aquaculture, or

businesses and activities relating to
fishery, whether private or public
lands.
MUNICIPAL WATERS
Section 4(58) of RA 8550 defines municipal waters as those which
“include not only streams, lakes, inland bodies of water and tidal
waters within the municipality, which are not included within the
protected areas as defined under Republic Act No. 7586 (the NIPAS
Law), public forest, timber lands, forest reserves, or fishery reserves,
but also marine waters included between two (2) lines drawn
perpendicular to the general coastline from points where the
boundary of the lines of the municipality touch the sea at low tide
and a third line parallel with the general coastline including
offshore islands and fifteen (15) kilometers from such coastline”.
MUNICIPAL WATERS
Where two (2) municipalities are so situated

on opposite shores that there is less than
thirty (30) kilometers of marine waters
between them, the third line shall be
equally distant from the opposite shore of
the respective municipalities.
MUNICIPAL WATERS
The Municipal waters as defined in R.A.
8550 are marine waters 15 km. from the
coastline including streams, rivers, public
forest, timber land, forest reserve or
fishery reserve within the municipality
except those under the NIPAS Law.
MUNICIPAL WATERS
Who are the users of municipal waters?
- All fishery resources within municipal

waters shall be utilized by municipal fisherfolk
and cooperatives/organizations listed as such in
the registry of municipal fisherfolk in the
respective municipal government.
-
MUNICIPAL WATERS
Who are the users of municipal waters?
- Resident municipal fisherfolk of the

municipality concerned and their
organizations/cooperatives shall have priority
to exploit municipal and demarcated fishery
areas of the said municipality.
MUNICIPAL WATERS
However, Local Government Units (LGUs)

may authorize or permit through an
ordinance commercial fishers within the
10.1 to 15 km. fishing ground, provided
that all of the following requirements are
met:
MUNICIPAL WATERS
Conditions…
1. No commercial fishing in municipal

waters with depth less than seven (7)
fathoms.
MUNICIPAL WATERS
Conditions…
2. Fishing activities utilizing methods and

gears that are determined to be consistent
with national policies set by the
Department of Agriculture (DA).
MUNICIPAL WATERS
Conditions…
3. Prior consultation through public

hearing, with the Municipal/ City Fisheries
and Aquatic Resource Management
Council (M/ CFARMC).
MUNICIPAL WATERS
Conditions…
4. Have been certified by the

appropriate agency as not having
violated fishery and related laws.
MUNICIPAL WATERS
Who has jurisdiction over municipal

waters?
The municipal/city government (LGUs)

shall have jurisdiction over municipal
waters. In coordination with FARMC, LGUs
shall:
MUNICIPAL WATERS
Enact a basic municipal fisheries ordinance

(MFO) delineating the boundaries of municipal
waters and providing the rules and regulations
on licensing and permits and other fisheries
activities.
MUNICIPAL WATERS
Provided, however, that for municipalities

whose waters are adjacent or contiguous
to international borders, the delineation of
boundaries of municipal waters shall be
done after due consultation with the DFA
and other concerned agencies
municipal fisheries
Municipal fishing refers to fishing within

municipal waters using fishing vessels
weighing three gross tons or less, or
fishing not requiring the use of fishing
vessels.
municipal fisheries
What are the incentives for municipal and small
fishers?
Incentives shall be granted to municipal/small
fishers' groups/organizations. Ten percent (10%)
of the credit and the guarantee funds of
government financing institutions shall be made
available for post-harvest and marketing projects
and capability-building programs for credibility
and credit worthiness.
commercial fisheries
Commercial fishing involves catching of

fishery species by passive or active gear
for trade, business or profit beyond
subsistence or sports fishing to be further
classified as:
Classification of Commercial Fisheries:
small scale - with passive or active gear utilizing

fishing vessels of 3.1 GT up to 20 GT
medium scale - utilizing active gears and vessels
of 20.1 GT up to 150 GT
large scale - utilizing active gears and vessels of
more than 150 GT
Where can commercial fishing vessels
operate?
Commercial fishers can conduct fishing
activities beyond the 15 km. municipal
waters unless the local government
concerned allows them from 10.1 km to 15
km. They can also operate in foreign or
international waters.
Who regulates commercial fisheries?
The DA through BFAR has jurisdiction over
commercial fisheries. Specifically, BFAR
shall:
1. issue vessel and gear licenses for
commercial fishing applicant for specific
fishing areas.
commercial fisheries. Specifically, BFAR shall:
2. organize an inter-agency committee to
prepare a consolidated map of Philippine
waters delineating depths thereof; and
commercial fisheries. Specifically, BFAR
shall:
3. issue the corresponding number of
commercial fishing vessel licenses based
on Maximum Sustainable Yield (MSY).
Who can engage in commercial fishing?
Fishing boats owned by Filipinos and fishing vessel
license partnerships or associations registered in the
Philippines of which at least 60% of capital stocks is
owned by Filipino citizens. But they must first secure
Certificate of Philippine Registry and other documents
from other concerned agencies and a fishing vessel
license valid for a period to be determined by the DA.
Aqualculture
What are the areas available for fishpond
development?
Public lands such as tidal swamps, mangroves,
marshes, foreshore lands and ponds are not to be
disposed or alienated. Fishpond Lease Agreement
(FLAs) may be issued for public lands that may be
declared available for fishpond development
primarily to qualified fisherfolk
cooperatives/associations.
THE BUREAU OF FISHERIES AND AQUATIC RESOURCES
(BFAR)
Government agency responsible for the development,

improvement, management and conservation of the
country’s fisheries and aquatic resources. It is under the
Department of Agriculture as marine resources and will
relate more to the food security needs of the nation. It was
constituted as a line bureau.
It is the lead agency in terms of enforcement of fisheries

laws outside of the municipal waters, wherein it is the
LGUs who have jurisdiction.
THE BUREAU OF FISHERIES AND AQUATIC RESOURCES
(BFAR)
THE PHILIPPINE COAST GUARD (PCG)
It is the primary law enforcement agency when it comes to

maritime related-matters. Its functions include maritime
search and rescue, law enforcement, safety and security,
and environmental protection.
The mission of the PCG is to promote safety of life and

property at sea; safeguard the marine environment and
resources; enforce all applicable maritime laws; and
undertake other activities in support of the mission of the
Department of Transportation and Communications (DOTC)
THE PHILIPPINE COAST GUARD (PCG)
THE PHILIPPINE NATIONAL POLICE –
PNP MARITIME GROUP (PNP-MG)
The Maritime Group is a National Operational Support Unit of

the Philippine National Police mandated to perform all police
functions over Philippine Waters.
This includes:
to enforce the law, prevent and control crimes, maintain
peace and order, ensure public safety and internal
security over Philippine islands, coastal areas, ports and
harbors to protect and sustain the development of the
maritime environment.
THE PHILIPPINE NATIONAL POLICE –
PNP MARITIME GROUP (PNP-MG)
POACHING (Section 87)
Simply the fishing by foreigners or by a foreign vessel
within Philippine Waters/Territory
FISHING THROUGH ILLEGAL MEANS (Section 88)
USE OF FINE MESH NET (Section 89)
USE OF ACTIVE FISHING GEAR (Section 90)
MURO-AMI (Section 90)
USE OF SUPERLIGHT (Section 93)
FISHING IN PROHIBITED AREAS
Commercial Fishing in Overexploited Areas (Section 86)
Fishing in Overfished Areas/During Closed Season (Section 95)
Fishing in Fishery Reserves, Refuges and Sanctuaries (Section 96)
Violation of Catch Ceilings (Section 101)
ILLEGAL GATHERING, CATCHING & SELLING OF MARINE SPECIES
Sale or Export of Precious/Semi-Precious Corals (Section 91)
Gathering/Selling/Exporting White Sand, Silica, Pebbles, and Other
Substances of the Marine habitat (Section 92)
Fishing of Rare, Threatened, and Endangered Species (Section 97)
AQUATIC POLLUTION (Section 102)
Introduction by human or machine, directly or indirectly, of substances
or energy to the aquatic environment which result or likely to result in
such deleterious effects as to harm the environment and human health.
Construction and Operation of fish Pens without a License/Permit
(Section 103 [e])
Obstruction To Navigation or Flow and Ebb of Tide in any Stream, River,
Lake, or Bay (Section 103 [d])
Passage of legislation is only half the solution
… to be effective:
These legislations
• F must be
communicated
to the people.
Fully enforced.
Violators must
prosecuted
successfully, to
deter future
violations.
If fisheries law violations is to be
used as an indicator on how good we
enforced these laws...where are we..?
or with the continuing violations around
us…..
Do we know or can we say
that the protection of our
resources is already
enough?
IMPRISONMENT OF NOT LESS THAN 6 YEARS TO 10 YEARS
or still a long way to
go..…???
9/27/2019
Challenges related to enforcement
1) Lack of Coordination
2) Inadequate funds/logistics
3) Lack of trained manpower
4) Policy gaps
5) Strong political intervention
6) Need for improved public education/
compliance
7) Inadequate legal support
8) Low prioritization among concerned
agencies
9) LGU roles not fully tapped

10) Some enforcers are in “cahoots” with
violators
Established through Republic Act
No. 4850 in 1966 as a quasi-
government agency
---that leads, promotes, and
accelerates sustainable development
in the Laguna de Bay Region.
Regulatory and Law enforcement functions
are carried out with provisions on
environmental management, particularly on
water quality monitoring, conservation of
natural resources, and community-based
natural resource management.
WHY THE SPECIAL ATTENTION TO THE LAGUNA LAKE?
…due to its significance as the largest fresh

water lake in the country and its impact on its
nearby areas and provinces, especially Metro
Manila. Thus, within the Laguna Lake area, the
LLDA has jurisdiction and authority over the
enforcement of environmental laws, rules and
regulations.
GENERAL PROHIBITIONS (Section 27, Resolution No. 33)
The prohibitions include: UNDERTAKING DEVELOPMENT OR A PROJECT
WITHOUT LLDA CLERANCE; DISPOSAL OR THROWING OF ANY ORGANIC OR
INORGANIC SUBSTANCE IN WATER FORM THAT CAUSES POLLUTION;
DISPOSAL OF TOXIC AND/OR HAZARDOUS SUBSTANCES WITHOUT
AUTHORIZATION FROM THE LLDA.
INSTRUCTIONS
1. Prepare ¼ sheet of YELLOW paper.
2. Write your name.
3. Utilize only the FRONT portion of

your paper for your answer.
4. Write legibly.
1…2…3…4…5…
6…7…8…9…10…
Cite the BLUE laws being violated.
Briefly described the prohibited acts committed.
PRIMER ON THE
RULES OF PROCEDURE FOR
ENVIRONMENTAL CASES
(A.M. No. 09-6-8-SC)
Atty. Cleo D. Sabado-Andrada, CPA, MBA, LL.M.

PRIMARY OBJECTIVE
“to protect and advance the constitutional

right of the people to a balanced and
healthful ecology
Thus, the said Rules seek to provide

special remedies which are peculiar
to environmental cases, given the
unique nature of these cases
Unique Features of the Rules of Procedure
for Environmental Cases
1. SUSTAINABILITY “Rights-based
approach to environmental justice.”
2. WRIT of Continuing Mandamus
3. WRIT of KALIKASAN
4. SLAPP (Strategic Lawsuit Against

Public Participation)
5. PRECAUTIONARY Principle
Section 2, Rule 1.- Scope of the Rules:
THESE RULES:
1.Govern the procedure in civil, criminal and

special civil actions;
2.Before the Trial Courts (RTCs, MTCs,

MCTCs)
3.In cases of enforcement or violations of

environmental and other related laws,
rules and regulations such as but not limited
to the following:

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"Brown Laws” refer to laws and

rules which deal with pollution control and

Solid Waste Water

2.GMMSWM vs. JANCOM G.R. No. 163663

3.Henares vs. LTFRB and LTO G.R. No.

4. Salalima vs. ECC and SSS G.R. No. 146360

5. SJS vs. Atienza G.R. No. 156052

regulates AIR QUALITY MANAGEMENT

• Formulation of national program of air

• Focus primarily on pollution prevention and

- breathe clean air;

Environmental Protection v. Development

- to be served timely notice of any significant

- To bring action in COURT or QUASI-JUDICIAL

Department of Environment and

The primary DENR unit which deals with

LOCAL GOVERNMENT UNIT

Ambient Air Quality Guideline Values and

WILL SERVE AS THE BASIS IN

This FRAMEWORK shall prescribed the

WILL SERVE AS THE OFFICIAL BLUE

It is a tool for local governments to

as areas with similar climate, meteorology and topology

1. Metro Manila (NCR, Regions III & IVA)

14. Baco-Calapan City-Naujan (BCN) Airshed

COMMON ACTION PLAN

Chairman: DENR Secretary

- from each concerned government agency

– Mobile sources (Motor Vehicles)

– Other sources (smoking inside public building or

- Fuels, Additives and Substances

– Greenhouse Gases and Ozone Depleting Substances

- POPS (Persistent Organic Pollutants)

SEC. 20. Ban on Incineration. - Incineration,

in the interim, such units shall be

Category 1 Human Wastes Deep burial

Category 3 Microbiology and Autoclave/microwave/

Destruction and drugs disposal in

Category 6 Contaminated solid waste Autoclaving / microwaving

Disinfection by chemical treatment+

Liquid waste (generated

Category 9 Incineration ash Disposal in municipal landfill

Chemical Treatment + and discharge in to

Any citizen may file an appropriate

a. Any person who violates or fails to

b. The Department or other

c. Any public officer who willfully or grossly

Approved March 2, 2004

2.Hizon vs. CA G.R. No. 119619 December 3, 1996

3. Navarro vs. IAC G.R. No. 681166

4. People of the Philippines vs. Vergara

It provides a comprehensive and integrated strategy

"that area of land, a bounded hydrologic system, within which

- one of the strategies identified to effectively enforce the

1. area within the jurisdiction of the Laguna Lake

2.Tigum-Aganan Watershed WQMA in Iloilo province

3. Marilao-Meycauayan-Obando (MMO) River

Sarangani Bay WQMA - Region XII

Balili River was designated as WQMA

The designation aims to protect and improve the

representatives of the following:

Responsible for water quality within their

Most especially, governments are expected to