PEE Week 3

Environmental
Jurisprudence
Ginno Jhep Acas Pacquing
Instructor
Conservation is the sensible and careful
management of natural resources.
Preservation involves setting aside
undisturbed areas, maintaining them in a
pristine state, and protecting them from
human activities that might alter their
“natural” state .
Utilitarian conservationist is a person who values
natural resources because of their usefulness to
humans but uses them sensibly and carefully.
Biocentric preservationist is a person who believes in
protecting nature from human interference because all
forms of life deserve respect and consideration.
Systems perspective is a perspective that considers
not just immediate or intended effects of activities, but
all of the impacts of those activities in other places or
at other times.
Timeline of selected environmental
events, from 1970 to the present
Environmental Literacy
Environmental Literacy encompasses experiences,
understanding and action. While knowledge and
understanding are important components of environmentally
literate citizens, the key is connecting what we know and what
we do.
➢responses to environmental problems depend on the
public’s awareness and understanding of the issues and the
underlying scientific concepts involved, environmental
education is critical to appropriate decision making.
Environmental Literacy
Environmental literacy is integral to fostering this

understanding, emphasizing that humans are part of a global
community and that actions and decisions made locally by
individuals or communities have effects that go well beyond
local environments.
Ecological Impact Assessment refers to a wide range of predictive tasks
within environmental planning. It focuses on the prediction and evaluation
of the effects of human activities on the structure and functions of normal
ecosystem components.
➢ Ecological refers to ecosystem components and their functions
➢ Impact refers to a human induced action or activity and to its effect on
ecosystem.
➢ Assessment refers to analyzing and evaluating impacts on ecosystems.
❑ Analysis is the objective task of identifying actions and of taking
measurements of baseline conditions that are likely to occur as a result of
actions.
❑ Evaluation is a subjective or normative task which depends on the
application of human lives. It involves determining the significance of the
effects on the affected parties.
History of Environmental Law
After World War II, environmental destruction has risen to an alarming level and
awareness of the problem has become a matter of concern.
Law is an ordinance of reason promulgated for the common good by him who is
in charge (St. Augustine).
In 1972, the UN Stockholm Conference declares the following agreements
among nations.
❖ Dangerous Level of Pollution in Water and Air
❖ Earth and Living Being: Undesirable Disturbance to the Ecological Balance
of Biosphere
❖ Destruction and Depletion of the Irreplaceable Resources.
On May 1991, Philippines became member of
the following International Treaties
➢ International Convention for the Prevention of Pollution of the Sea
by Oil
➢ International Plan Convention of the Regulation of Whaling
➢ International Plant Protection Convention
➢ Plant Protection Agreement for South East Asia and the Pacific
Region
➢ Vienna Convention on Civil Liability of Nuclear Damages and
Optional Protocol Concerning the Compulsory Settlements of
Disputes.
On May 1991, Philippines became member of
the following International Treaties
➢ Treaty Banning Nuclear Test in the Atmosphere , in Outer Space and
Water
➢ Convention on the Prohibition of the Development Production and
Stockpiling of Bacteriological and Toxin Weapons and on their
Destruction
➢ Convention on the Prevention of Marine Pollution by Dumping
Waste and other Matter
➢ Convention on the International Trade on Endangered Species of
Wild Fauna and Flora
➢ Montreal Protocol on Substances that Deplete Ozone
Environmental Protection Laws of the
Philippines
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 instill 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 the rhythm and harmony of
nature.
Philippines
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 conserved 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.
Philippines
Presidential Decree No. 1151
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 fulfill the social, economic and other requirements of present and future
generations of Filipinos, and
(c) to insure the attainment of an environmental quality that is conducive to a
life of dignity and well-being.
Philippines
Philippine Environment Code
Title I : Air Quality Management
Section 2. Purposes. The purposes of this Title are:
(a) to achieve and maintain such levels of air quality as to protect
public health; and
(b) to prevent to the greatest extent practicable, injury and/or damage
to plant and animal life and property, and promote the social and
economic development of the country.
Philippines
TITLE II: Water Quality Management
Section 14. Purpose. It is the purpose of this Title to prescribe management
guidelines aimed to protect and improve the quality of Philippine water
resources through:
(a) classification of Philippine waters;
(b) establishment of water quality standards;
(c) protection and improvement of the quality of the Philippine water
resources, and
(d) responsibilities for surveillance and mitigation of pollution incidents.
Philippines
Title III: Land Use Management
Section 22. Purpose. The purposes of this Title are:
(a) to provide a rational, orderly and efficient acquisition, utilization
and disposition of land and its resources in order to derive therefrom
maximum benefits; and
(b) to encourage the prudent use and conservation of land resources in
order to prevent and imbalance between the nation's needs and such
resources.
Philippines
Title IV: Natural Resources Management And Conservation
Section 25. Purposes. The purposes of this Title are:
(a) to provide the basic policy on the management and conservation of
the country's natural resources to obtain the optimum benefits
therefrom and to preserve the same for the future generations; and
(b) to provide general measures through which the aforesaid policy
may be carried out effectively.
Philippines
Chapter I: Fisheries and Aquatic Resources
Section 26. Management Policy. The National government, through the
Department of Natural Resources, shall establish a system of rational
exploitation of fisheries and aquatic resources within the Philippine
territory and shall encourage citizen participation therein to maintain
and/or enhance the optimum and continuous productivity of the same.
Philippines
Chapter I Fisheries and Aquatic Resources
Section 27. Measures for National Exploitation. Measures for the national
exploitation of fisheries and other aquatic resources may include, but shall not be
limited to, the following: (a) undertaking manpower and expertise development; (b)
acquiring the necessary facilities and equipment; (c) regulating the marketing of
threatened species of fish or other aquatic resources; (d) reviewing all existing rules
and regulations on the exploitation of fisheries and aquatic resources with a view of
formulating guidelines for the systematic and effective enforcement thereof; and
(e) conserving the vanishing species of fish and aquatic resources such as turtles,
sea snakes, crocodiles, corals, as well as maintaining the mangrove areas, marshes
and inland waters, coral reef-areas and islands serving as sanctuaries for fish and
other aquatic life.
Philippines
Chapter II: Wildlife
Section 28. Management Policy. The national government through the
Department of Natural Resources, shall establish a system of rational
exploitation and conservation of wildlife resources and shall encourage
citizen participation in the maintenance and/or enhancement of their
continuous productivity.
Philippines
Chapter II: Wildlife
Section 29. Measures for Rational Exploitation. Measures for rational exploitation
of wildlife resources may include, but shall not be limited to, the following: (a)
regulating the marketing of threatened wildlife resources. (b) reviewing all existing
rules and regulations on the exploitation of wildlife resources with a view of
formulating guidelines for the systematic and effective enforcement thereof; and
(c) conserving the threatened species of fauna, increasing their rate of
reproduction, maintaining their original habitat, habitat manipulation, determining
bag/creel limits, population control in relation to the carrying capacity of any given
area, banning of indiscriminate and/or destructive means of catching or hunting
them.
Philippines
Chapter III: Forestry and Soil Conservation
Section 30. Management Policy for Forestry. The national government,
through the Department of Natural Resources, shall undertake a
system of rational exploitation of forest resources and shall encourage
citizen participation therein to keep the country's forest resources at
maximum productivity at all time.
Philippines
Chapter III: Forestry and Soil Conservation
Section 31. Measures for Rational Exploitation of Forest Resources. Measures for the
rational exploitation of forest resources may include, but shall not be limited to, the
following: (a) regulating the marketing of threatened forest resources; (b) reviewing all
existing rules and regulations on the exploitation of forest resources with a view of
formulating guidelines for the systematic and efficient enforcement thereof; (c) conserving
threatened species of flora as well as increasing their rate of propagation; the banning of
destructive modes of exploitation, kaingin making or shifting cultivation, indiscriminate
harvesting of minor forest products the recycling methods of waste materials, and (d)
carrying out a continuing effect on reforestation; timber stand improvement; forest
protection; land classification; forest occupancy management; agri-silviculture; range
management; agri-silvicultural/kaingin management; industrial tree plantation; parks and
wildlife management; multiple use forest; timber management and forest research.
Philippines
Chapter IV Flood Control and Natural Calamities
Section 34. Measures in Flood Control Program. In addition to the pertinent
provisions of existing laws, the following shall be included in a soil erosion,
sediment and flood control program; (a) the control of soil erosion on the banks of
rivers, the shores of lakes, and the seashores; (b) the control of flow and flooding in
and from rivers and lakes; (c) the conservation of water which, for purposes of this
Section shall mean forms of water, but shall not include captive water; (d) the
needs of fisheries and wildlife and all other recreational uses of natural water; (e)
measures to control the damming, diversion, taking, and use of natural water, so
far as any such act may affect the quality and availability of natural water for other
purposes; and (f) measures to stimulate research in matters relating to natural
water and soil conservation and the application of knowledge thereby acquired.
Philippines
Chapter IV Flood Control and Natural Calamities
Section 35. Measures to Mitigate Destructive Effects of Calamities. The
national government, through the Philippine Atmospheric, Geophysical
and Astronomical Services Administration, shall promote intensified
and concerted research efforts on weather modification, typhoon,
earthquake, tsunami, storm surge, and other tropical natural
phenomena in order to bring about any significant effect to mitigate or
prevent their destructive effects.
Philippines
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.
Philippines
Chapter V Energy Development
Section 37. Measures for Energy Development. Measures for energy
development program may include, but shall not be limited to, the
following: (a) setting up of pilot plants utilizing invariant sources of
energy; (b) training of technical personnel for purposes of energy
development; and (c) conducting researches aimed at developing
technology for energy development.
Philippines
Chapter VI Conservation and Utilization of Surface and Ground
Waters
Section 39. Management Policy. In addition to existing laws, the
national government through the National Water Resources Council in
coordination with other appropriate government agencies, shall
prescribe measures for the conservation and improvement of the
quality of Philippine water resources and provide for the prevention,
control and abatement of water pollution.
Philippines
Chapter VII: Mineral Resources
Section 40. Management Policy. - The national government, through
the Department of Natural Resources, shall undertake a system of
gainful exploitation and rational and efficient utilization of mineral
resources and shall encourage citizen participation in this endeavor.
Philippines
Section 41. Measures for Exploitation and Utilization of Mineral
Resources. Measures for the gainful exploitation and rational and efficient
utilization of such mineral resources may include, but shall not be limited to
the following: (a) increasing research and development in mineral resources
technology; (b) training of additional technical manpower needed in geology,
geophysics, mining engineering, and related fields; (c) regulating the
exploitation of identified mineral reserves; (d) accelerating the exploration of
undiscovered mineral deposits; and (e) encouraging the establishment of
processing plants for refined metals
Philippines
Executive Order No. 192, s. 1987-providing for the
reorganization of the department of environment, energy and
natural resources, renaming it as the department of environment
and natural resources, and for other purposes.
SECTION 13. Forest Management Bureau. There is hereby
created a Forest Management Bureau which shall integrate and
absorb the powers and functions of the Bureau of Forest
Development (BFD) and the Wood Industry Development
Authority (WIDA).
Philippines
SECTION 14. Lands Management Bureau. There is hereby
created the Lands Management Bureau which shall absorb
functions and powers of the Bureau of Lands except those line
functions and powers which are transferred to the regional field
office.
SECTION 15. Mines and Geo-Sciences Bureau. There is hereby
created the Mines and Geo-Sciences Bureau which shall absorb
the functions of the Bureau of Mines and Geo-Sciences (BMGS),
Mineral Reservations Development Board (MRDB) and the Gold
Mining Industry Development Board (GMIDB)
Philippines
SECTION 16. Environmental Management Bureau. There is
hereby created an Environmental Management Bureau. The
National Environmental Protection Council (NEPC), the National
Pollution Control Commission (NPCC) and the Environmental
Center of the Philippines (ECP), are hereby abolished and their
powers and functions are hereby integrated into the
Environmental Management Bureau.
SECTION 17. Ecosystems Research and Development Bureau.
The Forest Research Institute and the National Mangrove
Committee are hereby abolished and integrated into the
Ecosystems Research and Development Bureau.
Philippines
Presidential Decree No. 1442, s. 1978- an act to promote the

exploration and development of geothermal resources.
Executive Order No. 223 July 16, 1987- vesting on the
Philippine national oil company (PNOC) the jurisdiction, control,
management, protection, development and rehabilitation over the
watershed areas of geothermal reservations where PNOC has
geothermal projects, plants, and properties
Law on Fisheries
Presidential Decree No. 704, s. 1975- revising and

consolidating all laws and decrees affecting fishing and fisheries.
Presidential Decree No. 1219, s. 1977- providing for the
exploration, exploitation, utilization and conservation of coral
resources
Law on Flood Control and Natural
Calamities
Presidential Decree No. 18 October 7, 1972- establishing the

metropolitan manila flood control and drainage council.
Presidential Decree No. 78, s. 1972-establishing the Philippine
Atmospheric Geophysical and Astronomical Services
Administration
Law on Forestry
Presidential Decree No. 705, s. 1975- Revising Presidential Decree No.

389, Otherwise Known As The Forestry Reform Code Of The Philippines
Republic Act No. 3571 s. 1963 -An Act to Prohibit 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 Pleasure Ground
Law on Land Use Planning and
Management
Presidential Decree No. 957- Regulating the Sale of Subdivision Lots and
Condominiums, providing Penalties for Violations Thereof
Presidential Decree No. 1096- Adopting a National Building Code of the
Philippines, revising R.A 6541.
Presidential Decree 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.
Law on Mining
Presidential Decree No. 463- Providing for a modernized system of

administration and disposition of mineral lands and to promote and encourage the
development and exploitation thereof.
Presidential Decree No. 211 – Prescribing the interim procedures in the
processing and approval of applications for the exploitation, development and
utilization of minerals.
Letter of Instruction- Directing measures to safeguard the gold, copper and other
metal industries.
Law on Pollution and Traffic
Management
Presidential Decree No. 1152 (Title 1: Air Quality Management)
Section 3. Ambient Air Quality Standards. There shall be established ambient air
quality standards which shall prescribe the maximum concentration of air pollutants
permissible in the atmosphere consistent with public health, safety and general
welfare.
Section 4. National Emission Standards. There shall be established national emission
standards for new and existing stationary and mobile sources of pollution which shall
consider among others such factors as type of industry, practicable control technology
available, location and land use, and the nature of pollutants emitted.
Section 5. Community Noise Standards. Appropriate standards for community noise
levels shall be established considering, among others, location, zoning and land use
classification.
Law on Pollution and Traffic
Management
Presidential Decree No. 1152 (Title 1: Air Quality Management)
Section 6. Standards for Noise-Producing Equipment. There shall be
established a standard for noise producing equipment such as construction
equipment, transportation equipment, stationary engines, and electrical or
electronic equipment and such similar equipment or contrivances. The
standards shall set a limit on the acceptable level of noise emitted from a
given equipment for the protection of public health and welfare, considering
among others, the magnitude and condition of use, the degree of noise
reduction achievable through the application of best available technology
and the cost of compliance.
Section 7. Aircraft Emission and Sonic Booms. Appropriate government
agencies shall encourage research studies on the harmful effects of aircraft
emissions in the environment in order to establish permissible emission
standards.
Law on Waste Management
Presidential Decree No. 1152 (Chapter II: Methods of Solid Waste
Disposal)
Section 45. Solid Waste Disposal. Solid Waste disposal shall be by
sanitary landfill, incineration, composing, and other methods as may be
approved by competent government authority.
Section 18. Protected Areas and Wildlife Bureau- absorbs the functions
and divisions of Parks and Wildlife and the Marine Parks program of the
Bureau of Forest Development.
Law on Energy
Republic Act No. 1815 s. 1975- 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 Therefor, and for
Other Purposes.
Presidential Decree No. 508, s. 1974- providing guidelines for the development
and utilization of small or sub-commercial deposits of natural marsh gas or methane
gas in the Philippines, and granting gratuitous permits therefore.
Section 45: The dumping or disposal of solid wastes into the sea and any body of
water in the Philippines, including shorelines and rivers banks where these wastes are
likely to be washed into the water is prohibited.
Law on Water and Water Quality
Management
Presidential Decree No. 274, s. 1973- PERTAINING 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 PURPOSES.
Decrees and Republic Acts Related to the
Environmental Protection Law
Presidential Decree No. 1121 s. 1977- The National Environmental Council
Section 2. Composition of the Council. The Council shall be
composed of the President of the Philippines, as Chairman; the
Secretary of Natural Resources as Executive Officer; and as
members, the Presidential Assistant for Development; the Secretary of
Public Highways; the Secretary of Local Governments and Community
Development; the Secretary of Industry; the Secretary of National
Defense; the Secretary of Public Works, Transportation and
Communications; the Chairman of Energy Development Board; the
Budget Commissioner; the Chairman of National Pollution Control
Commission; the Chairman of National Science Development Board;
the Chairman of the Human Settlements Commission; and the
Chairman of the Board of Environmental Center of the Philippines.
Section 3. Powers and functions of the Council.
(a) To rationalize the functions of government agencies charged with environmental
protection and with the enforcement of environment-related laws to the end that effective,
coordinated and integrated systems of environmental protection, research and
implementation and enforcement of such laws shall be achieved;
(b) To formulate policies and issue guidelines for the establishment of environmental quality
standards and environmental impact assessments;
(c) To recommend new legislation or amendments to existing ones to cope with the charges
in the environment status of the country;
(d) To undertake a comprehensive and a continuing research program for environment
protection;
(e) To review environmental impact assessments of projects submitted by government
agencies;
(f) To monitor development projects initiated by government and private agencies and to
see to it that they are in line with priorities of the government on environmental protection;
Section 3. Powers and functions of the Council.
(g) To conduct as it deems appropriate, public hearings or conferences on
issues of environmental significance;
(h) To conduct a continuing educational and training campaign programs on
the enhancement of the quality of life through environmental improvement;
(i) To organize the most appropriate implementing mechanism relative to the
performance of its assigned functions;
(j) To call on any department, bureau, office, agency or state university or
college and other instrumentalities of the government for assistance in the
form of personnel, facilities and other resources as the need arises in the
discharge of its functions;
(k) To prepare annual environment status reports; and
(l) To promulgate rules and regulations to carry out the provisions of this
Decree.
Presidential Decree No. 1151- The Philippine Environmental Policy Decree
Presidential Decree No. 1586- Establishing An Environmental Impact
Statement System, Including Other Environmental Management Related
Measures and for other Purposes.
Presidential Decree No. 1152- The Philippine Environmental Code
Presidential Decree No. 1067- Philippine Water Code
Republic Act No. 8749- The Philippine Clean Air Water Act of 1999
Republic Act No. 9275- The Philippine Clean water Act of 2004
Republic Act No. 6969- Toxic Substances and Hazardous and Nuclear Waste
Control Act of 1990
Republic Act No. 9003- Ecological Solid Waste Management Act of 2000
Thank you….. Keep safe!

PEE Week 3

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PEE Week 3

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Environmental

Environmental literacy is integral to fostering this

Presidential Decree No. 1442, s. 1978- an act to promote the

Presidential Decree No. 704, s. 1975- revising and

Presidential Decree No. 18 October 7, 1972- establishing the

Presidential Decree No. 705, s. 1975- Revising Presidential Decree No.

Presidential Decree No. 463- Providing for a modernized system of

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