DISASTER MANAGEMENT & RISK REDUCTION: PHILIPPINE LAWS
14 NCM 120: Disaster Nursing
Atty. Mercy G. Dedal, RN, LLB, MST • July 22, 2022
REPUBLIC ACT NO. 10121
An Act Strengthening the Philippine Disaster
Risk Reduction and Management System,
Providing for the National Disaster Risk
Reduction and Management Framework and
Institutionalizing the National Disaster Risk
Reduction and Management Plan,
Appropriating Funds Therefor and for Other
Purposes
Section 1. Title. - This Act shall be known as the
"Philippine Disaster Risk Reduction and
Management Act of 2010".
Section 2. Declaration of Policy. - It shall be the
policy of the State to:
(a) Uphold the people's constitutional rights to life and
property by addressing the root causes of vulnerabilities
to disasters, strengthening the country's institutional
capacity for disaster risk reduction and management and
building the resilience of local communities to disasters
including climate change impacts;
(b) Adhere to and adopt the universal norms, principles
and standards of humanitarian assistance and the global
effort on risk reduction as concrete expression of the
country's commitment to overcome human sufferings
due to recurring disasters;
(c) Incorporate internationally accepted principles of
disaster risk management in the creation and
implementation of national, regional and local
sustainable development and poverty reduction
strategies, policies, plans and budgets;
(d) Adopt a disaster risk reduction and management
approach that is holistic, comprehensive, integrated, and
proactive in lessening the socioeconomic and
environmental impacts of disasters including climate
change, and promote the involvement and participation
of all sectors and all stakeholders concerned, at all
levels, especially the local community;
(e) Develop, promote, and implement a comprehensive
National Disaster Risk Reduction and Management Plan
(NDRRMP) that aims to strengthen the capacity of the
national government and the local government units
(LGUs), together with partner stakeholders, to build the
disaster resilience of communities, and' to institutionalize
arrangements and measures for reducing disaster risks,
including projected climate risks, and enhancing disaster
preparedness and response capabilities at all levels;
(f) Adopt and implement a coherent, comprehensive,
integrated, efficient and responsive disaster risk
reduction program incorporated in the development plan
at various levels of government adhering to the
principles of good governance such as transparency and
accountability within the context of poverty alleviation
and environmental protection;
(g) Mainstream disaster risk reduction and climate
change in development processes such as policy
formulation, socioeconomic development planning,
budgeting, and governance, particularly in the areas of
environment, agriculture, water, energy, health,
education, poverty reduction, land-use and urban
planning, and public infrastructure and housing, among
others;
(h) Institutionalize the policies, structures, coordination
mechanisms and programs with continuing budget
appropriation on disaster risk reduction from national
down to local levels towards building a disaster-resilient
nation and communities;
(i) Mainstream disaster risk reduction into the peace
process and conflict resolution approaches in order to
minimize loss of lives and damage to property, and
ensure that communities in conflict zones can
immediately go back to their normal lives during periods
of intermittent conflicts;
(j) Ensure that disaster risk reduction and climate
change measures are gender responsive, sensitive to
indigenous know ledge systems, and respectful of
human rights;
(k) Recognize the local risk patterns across the country
and strengthen the capacity of LGUs for disaster risk
reduction and management through decentralized
powers, responsibilities, and resources at the regional
and local levels;
(l) Recognize and strengthen the capacities of LGUs and
communities in mitigating and preparing for, responding
to, and recovering from the impact of disasters;
(m) Engage the participation of civil society
organizations (CSOs), the private sector and volunteers
in the government's disaster risk reduction programs
towards complementation of resources and effective
delivery of services to the Citizenry;
(n) Develop and strengthen the capacities of vulnerable
and marginalized groups to mitigate, prepare for,
respond to, and recover from the effects of disasters;
(o) Enhance and implement a program where
humanitarian aid workers, communities, health
professionals, government aid agencies, donors, and the
media are educated and trained on how they can
actively support breastfeeding before and during a
disaster and/or an emergency; and
(p) Provide maximum care, assistance and services to
individuals and families affected by disaster, implement
emergency rehabilitation projects to lessen the impact of
disaster, and facilitate resumption of normal social and
economic activities.
Section 3. Definition of Terms. - For purposes of this
Act, the following shall refer to:
(a) "Adaptation" - the adjustment in natural or human
systems in response to actual or expected climatic
stimuli or their effects, which moderates harm or
exploits beneficial opportunities.
(b) "Capacity" - a combination of all strengths and
resources available within a community, society or
organization that can reduce the level of risk, or effects
of a disaster. Capacity may include infrastructure and
physical means, institutions, societal coping abilities, as
well as human knowledge, skills and collective attributes
such as social relationships, leadership and
management. Capacity may also be described as
capability.
(c) "Civil Society Organizations" Or "CSOs" - non-
state actors whose aims are neither to generate profits
nor to seek governing power. CSOs unite people to
advance shared goals and interests. They have a
presence in public life, expressing the interests and
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 DISASTER MANAGEMENT & RISK REDUCTION: PHILIPPINE LAWS
14 NCM 120: Disaster Nursing
Atty. Mercy G. Dedal, RN, LLB, MST • July 22, 2022
values of their members or others, and are based on
ethical, cultural, scientific, religious or philanthropic
considerations. CSOs include nongovernment
organizations (NGOs), professional associations,
foundations, independent research institutes,
community-based organizations (CBOs), faith-based
organizations, people's organizations, social movements,
and labor unions.
(d) "Climate Change" - a change in climate that can'
be identified by changes in the mean and/or variability
of its properties and that persists for an extended period
typically decades or longer, whether due to natural
variability or as a result of human activity.
(e) "Community-Based Disaster Risk Reduction
and Management" or "CBDRRM" - a process of
disaster risk reduction and management in which at risk
communities are actively engaged in the identification,
analysis, treatment, monitoring and evaluation of
disaster risks in order to reduce their vulnerabilities and
enhance their capacities, and where the people are at
the heart of decision-making and implementation of
disaster risk reduction and management activities.
(f) "Complex Emergency" - a form of human-induced
emergency in which the cause of the emergency as well
as the assistance to the afflicted IS complicated by
intense level of political considerations.
(g) "Contingency Planning" - a management process
that analyzes specific potential events or emerging
situations that might threaten society or the
environment and establishes arrangements in advance
to enable timely, effective and appropriate responses to
such events and situations.
(h) "Disaster" - a serious disruption of the functioning
of a community or a society involving widespread
human, material, economic or environmental losses and
impacts, which exceeds the ability of the affected
community or society to cope using its own resources.
Disasters are often described as a result of the
combination of: the exposure to a hazard; the conditions
of vulnerability that are present; and insufficient capacity
or measures to reduce or cope with the potential
negative consequences, Disaster impacts may include
loss of life, injury, disease and other negative effects on
human, physical, mental and social well-being, together
with damage to property, destruction of assets, loss of
services, Social and economic disruption and
environmental degradation.1avvphi1
(i) "Disaster Mitigation" - the lessening or limitation of
the adverse impacts of hazards and related disasters.
Mitigation measures encompass engineering techniques
and hazard-resistant construction as well as improved
environmental policies and public awareness.
(j) "Disaster Preparedness" - the knowledge and
capacities developed by governments, professional
response and recovery organizations, communities and
individuals to effectively anticipate, respond to, and
recover from, the Impacts of likely, imminent or current
hazard events or conditions. Preparedness action is
carried out within the context of disaster risk reduction
and management and aims to build the capacities
needed to efficiently manage all types of emergencies
and achieve orderly transitions from response to
sustained recovery. Preparedness is based on a sound
analysis of disaster risk and good linkages with early
warning systems, and includes such activities as
contingency planning, stockpiling of equipment and
supplies, the development of arrangements for
coordination, evacuation and public information, and
associated training and field exercises. These must be
supported by formal institutional, legal and budgetary
capacities.
(k) "Disaster Prevention" - the outright avoidance of
adverse impacts of hazards and related disasters. It
expresses the concept and intention to completely avoid
potential adverse impacts through action taken in
advance such as construction of dams or embankments
that eliminate flood risks, land-use regulations that do
not permit any settlement in high-risk zones, and seismic
engineering designs that ensure the survival and
function of a critical building in any likely earthquake.
(l) "Disaster Response" - the provision of emergency
services and public assistance during or immediately
after a disaster in order to save lives, reduce health
impacts, ensure public safety and meet the basic
subsistence needs of the people affected. Disaster
response is predominantly focused on immediate and
short-term needs and is sometimes called "disaster
relief".
(m) "Disaster Risk" - the potential disaster losses in
lives, health status, livelihood, assets and services,
which could occur to a particular community or a Society
over some specified future time period.
(n) "Disaster Risk Reduction" - the concept and
practice of reducing disaster risks through systematic
efforts to analyze and manage the causal factors of
disasters, including through reduced exposures to
hazards, lessened vulnerability of people and property,
wise management of land and the environment, and
improved preparedness for adverse events.
(o) "Disaster Risk Reduction and Management" -
the systematic process of using administrative directives,
organizations, and operational skills and capacities to
implement strategies, policies and improved coping
capacities in order to lessen the adverse impacts of
hazards and the possibility of disaster. Prospective
disaster risk reduction and management refers to risk
reduction and management activities that address and
seek to avoid the development of new or increased
disaster risks, especially if risk reduction policies are not
put in place.
(p) "Disaster Risk Reduction and Management
Information System" - a specialized database which
contains, among others, information on disasters and
their human material, economic and environmental
impact, risk assessment and mapping and vulnerable
groups.
(q) "Early Warning System" - the set of capacities
needed to generate and disseminate timely and
meaningful warning information to enable individuals,
communities and organizations threatened by a hazard
to prepare and to act appropriately and in sufficient time
to reduce the possibility of harm or loss. A people-
centered early warning system necessarily comprises
four (4) key elements: knowledge of the risks;
monitoring, analysis and forecasting of the hazards;
communication or dissemination of alerts and warnings;
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 DISASTER MANAGEMENT & RISK REDUCTION: PHILIPPINE LAWS
14 NCM 120: Disaster Nursing
Atty. Mercy G. Dedal, RN, LLB, MST • July 22, 2022
and local capabilities to respond to the warnings
received. The expression "end-to-end warning system" is
also used to emphasize that warning systems need to
span all steps from hazard detection to community
response.
(r) "Emergency" - unforeseen or sudden occurrence,
especially danger, demanding immediate action.
(s) "Emergency Management" - the organization and
management of resources and responsibilities for
addressing all aspects of emergencies, in particular
preparedness, response and initial recovery steps.
(t) "Exposure" - the degree to which the elements at
risk are likely to experience hazard events of different
magnitudes.
(u) "Geographic Information System" - a database
which contains, among others, geo-hazard assessments,
information on climate change, and climate risk
reduction and management.
(v) "Hazard" - a dangerous phenomenon, substance,
human activity or condition that may cause loss of life,
injury or other health impacts, property damage, loss of
livelihood and services, social and economic disruption,
or environmental damage.
(w) "Land-Use Planning" - the process undertaken by
public authorities to identify, evaluate and decide on
different options for the use of land, including
consideration of long-term economic, social and
environmental objectives and the implications for
different communities and interest groups, and the
subsequent formulation and promulgation of plans that
describe the permitted or acceptable uses.
(x) "Mitigation" - structural and non-structural
measures undertaken to limit the adverse impact of
natural hazards, environmental degradation, and
technological hazards and to ensure the ability of at-risk
communities to address vulnerabilities aimed at
minimizing the impact of disasters. Such measures
include, but are not limited to, hazard-resistant
construction and engineering works, the formulation and
implementation of plans, programs, projects and
activities, awareness raising, knowledge management,
policies on land-use and resource management, as well
as the enforcement of comprehensive land-use planning,
building and safety standards, and legislation.
(y) "National Disaster Risk Reduction and
Management Framework" or "NDRRMF" - provides
for comprehensive, all hazards, multi-sectoral, inter-
agency and community-based approach to disaster risk
reduction and management.
(z) "National Disaster Risk Reduction and
Management Plan" or "NDRRMP" - the document to
be formulated and implemented by the Office of Civil
Defense (OCD) that sets out goals and specific
objectives for reducing disaster risks together with
related actions to accomplish these objectives.
The NDRRMP shall provide for the identification of
hazards, vulnerabilities and risks to 'be managed at the
national level; disaster risk reduction and management
approaches and strategies to be applied m managing
said hazards and risks; agency roles, responsibilities and
lines of authority at all government levels; and vertical
and horizontal coordination of disaster risk reduction and
management in the pre-disaster and post-disaster
phases. It shall be in conformity with the NDRRMF.
(aa) "Post-Disaster Recovery" - the restoration and
improvement where appropriate, of facilities, livelihood
and living conditions. of disaster-affected communities,
including efforts to reduce disaster risk factors, in
accordance with the principles of "build back better".
(bb) "Preparedness" - pre-disaster actions and
measures being undertaken within the context of
disaster risk reduction and management and are based
on sound risk analysis as well as pre-disaster activities to
avert or minimize loss of life and property such as, but
not limited to, community organizing, training, planning,
equipping, stockpiling, hazard mapping, insuring of
assets, and public information and education initiatives.
This also includes the development/enhancement of an
overall preparedness strategy, policy, institutional
structure, warning and forecasting capabilities, and plans
that define measures geared to help at-risk communities
safeguard their lives and assets by being alert to hazards
and taking appropriate action in the face of an Imminent
threat or an actual disaster.
(cc) "Private Sector" - the key actor in the realm of the
economy where the central social concern and process
are the mutually beneficial production and distribution of
goods and services to meet the physical needs of human
beings. The private sector comprises private
corporations, households and nonprofit institutions
serving households.
(dd) "Public Sector Employees" - all persons in the
civil service.
(ee) "Rehabilitation" - measures that ensure the ability
of affected communities/areas to restore their normal
level of functioning by rebuilding livelihood and damaged
infrastructures and increasing the communities'
organizational capacity.
(ff) "Resilience" - the ability of a system, community or
society exposed to hazards to resist, absorb,
accommodate and recover from the effects of a hazard
in a timely and efficient manner, including through the
preservation and restoration of its essential basic
structures and functions.
(gg) "Response" - any concerted effort by two (2) or
more agencies, public or private, to provide assistance
or intervention during or immediately after a disaster to
meet the life preservation and basic subsistence needs
of those people affected and in the restoration of
essential public activities and facilities.
(hh) "Risk" - the combination of the probability of an
event and its negative consequences.
(ii) "Risk Assessment" - a methodology to determine
the nature and extent of risk by analyzing potential
hazards and evaluating existing conditions of
vulnerability that together could potentially harm
exposed people, property, services, livelihood and the
environment on which they depend. Risk assessments
with associated risk mapping include: a review of the
technical characteristics of hazards such as their
location, intensity, frequency and probability; the
analysis of exposure and vulnerability including the
physical, social, health, economic and environmental
dimensions; and the evaluation of the effectiveness of
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 DISASTER MANAGEMENT & RISK REDUCTION: PHILIPPINE LAWS
14 NCM 120: Disaster Nursing
Atty. Mercy G. Dedal, RN, LLB, MST • July 22, 2022
prevailing and alternative coping capacities in respect to
likely risk scenarios.
(jj) "Risk Management" - the systematic approach and
practice of managing uncertainty to minimize potential
harm and loss. It comprises risk assessment and
analysis, and the implementation of strategies and
specific actions to control, reduce and transfer risks. It is
widely practiced by organizations to minimize risk in
investment decisions and to address operational risks
such as those of business disruption, production failure,
environmental damage, social impacts and damage from
fire and natural hazards.
(kk) "Risk Transfer" - the process of formally or
informally shifting the financial consequences of
particular risks from one party to another whereby a
household, community, enterprise or state authority will
obtain resources from the other party after a disaster
occurs, in exchange for ongoing or compensatory social
or financial benefits provided to that other party.
(ll) "State of Calamity" - a condition involving mass
casualty and/or major damages to property, disruption
of means of livelihoods, roads and normal way of life of
people in the affected areas as a result of the
occurrence of natural or human-induced hazard.
(mm) "Sustainable Development" - development that
meets the needs of the present without compromising
the ability of future generations to meet their own
needs. It contains within it two (2) key concepts: (1) the
concept of "needs", in particular, the essential needs of
the world's poor, to which overriding priority should be
given; and (2) the idea of limitations imposed by the
state of technology and social organizations on the
environment's ability to meet present and future needs.
It is the harmonious integration of a sound and viable
economy, responsible governance, social cohesion and
harmony, and ecological integrity to ensure that human
development now and through future generations is a
life-enhancing process.
(nn) "Vulnerability" - the characteristics and
circumstances of a community, system or asset that
make it susceptible to the damaging effects of a hazard.
Vulnerability may arise from various physical, social,
economic, and environmental factors such as poor
design and construction of buildings, inadequate
protection of assets, lack of public information and
awareness, limited official recognition of risks and
preparedness measures, and disregard for wise
environmental management.
(oo) "Vulnerable and Marginalized Groups" - those
that face higher exposure to disaster risk and poverty
including, but not limited to, women, children, elderly,
differently-abled people, and ethnic minorities.
Section 5. National Disaster Risk Reduction and
Management Council. - The present National Disaster
Coordinating Council or NDCC shall henceforth be known
as the National Disaster Risk Reduction and
Management Council, hereinafter referred to as the
NDRRMC or the National Council.
The National Council shall be headed by the Secretary of
the Department of National Defense (DND) as
Chairperson with the Secretary of the Department of the
Interior and Local Government (DILG) as Vice
Chairperson for Disaster Preparedness, the Secretary of
the Department of Social
Welfare and Development (DSWD) as Vice Chairperson
for Disaster Response, the Secretary of the Department
of Science and Technology (DOST) as Vice Chairperson
for Disaster Prevention and Mitigation, and the Director-
General of the National Economic and Development
Authority (NEDA) as Vice Chairperson for Disaster
Rehabilitation and Recovery.
Section 6. Powers and Functions of the NDRRMC.
- The National Council, being empowered with policy-
making, coordination, integration, supervision,
monitoring and evaluation functions, shall have the
following responsibilities:
(a) Develop a NDRRMF which shall provide for a
comprehensive, all-hazards, multi-sectoral, inter-agency
and community-based approach to disaster risk
reduction and management. The Framework shall serve
as the principal guide to disaster risk reduction and
management efforts in the country and shall be
reviewed on a five(5)-year interval, or as may be
deemed necessary, in order to ensure its relevance to
the times;
(b) Ensure that the NDRRMP is consistent with the
NDRRMF;
(c) Advise the President on the status of disaster
preparedness, prevention, mitigation, response and
rehabilitation operations being undertaken by the
government, CSOs, private sector, and volunteers;
recommend to the President the declaration of a state of
calamity in areas extensively damaged; and submit
proposals to restore normalcy in the affected areas, to
include calamity fund allocation;
(d) Ensure a multi-stakeholder participation in the
development, updating, and sharing of a Disaster Risk
Reduction and Management Information System and
Geographic Information System-based national risk map
as policy, planning and decision-making tools;
(e) Establish a national early warning and emergency
alert system to provide accurate and timely advice to
national or local emergency response organizations and
to the general public through diverse mass media to
include digital and analog broadcast, cable, satellite
television and radio, wireless communications, and
landline communications;
(f) Develop appropriate risk transfer mechanisms that
shall guarantee social and economic protection and
increase resiliency in the face of disaster;
(g) Monitor the development and enforcement by
agencies and organizations of the various laws,
guidelines, codes or technical standards required by this
Act;
(h) Manage and mobilize resources for disaster risk
reduction and management including the National
Disaster Risk Reduction and Management Fund;
(i) Monitor and provide the necessary guidelines and
procedures. on the Local Disaster Risk Reduction and
Management Fund (LDRRMF) releases as well as
utilization, accounting and auditing thereof;
(j) Develop assessment tools on the existing and
potential hazards and risks brought about by climate
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14 NCM 120: Disaster Nursing
Atty. Mercy G. Dedal, RN, LLB, MST • July 22, 2022
change to vulnerable areas and ecosystems in
coordination with the Climate Change Commission;
(k) Develop vertical and horizontal coordination
mechanisms for a more coherent implementation of
disaster risk reduction and management policies and
programs by sectoral agencies and LGUs;
(l) Formulate a national institutional capability building
program for disaster risk reduction and management to
address the specific' weaknesses of various government
agencies and LGUs, based on the results of a biennial
baseline assessment and studies;
(m) Formulate, harmonize, and translate into policies a
national agenda for research and technology
development on disaster risk reduction and
management;
(n) In coordination with the Climate Change
Commission, formulate and implement a framework for
climate change adaptation and disaster risk reduction
and management from which all policies, programs, and
projects shall be based;
(o) Constitute a technical management group composed
of representatives of the abovementioned departments,
offices, and organizations, that shall coordinate and
meet as often as necessary to effectively manage and
sustain national efforts on disaster risk reduction and
management;
(p) Task the OCD to conduct periodic assessment and
performance monitoring of the member-agencies of the
NDRRMC, and the Regional Disaster Risk Reduction and
Management Councils (RDRRMCs), as defined in the
NDRRMP; and
(q) Coordinate or oversee the Implementation of the
country's obligations with disaster management treaties
to which it IS a party and see to It that the country's
disaster management treaty obligations be incorporated
in its disaster risk reduction and management
frameworks, policies, plans, programs and projects.
Section 7. Authority of the NDRRMC Chairperson.
- The Chairperson of the NDRRMC may call upon other
instrumentalities or entities of the government and
nongovernment and civic organizations for assistance In
terms of the use of their facilities and resources for the
protection and preservation of life and properties in the
whole range of disaster risk reduction and management.
This authority includes the power to call on the reserve
force as defined in Republic Act No. 7077 to assist in
relief and rescue during disasters or calamities.
Section 8. The Office of Civil Defense. - The Office
of Civil Defense (OCD) shall have the primary mission of
administering a comprehensive national civil defense and
disaster risk reduction and management program by
providing leadership in the continuous development of
strategic and systematic approaches as well as measures
to reduce the vulnerabilities and risks to hazards and
manage the consequences of disasters.
The Administrator of the OCD shall also serve as
Executive Director of the National Council and, as such,
shall have the same duties and privileges of a
department undersecretary. All appointees shall be
universally acknowledged experts in the field of disaster
preparedness and management and of proven honesty
and integrity. The National Council shall utilize the
services and facilities of the OCD as the secretariat of
the National Council.
Section 9. Powers and Functions of the OCD. - The
OCD shall have the following powers and functions:
(a) Advise the National Council on matters relating to
disaster risk reduction and management consistent with
the policies and scope as defined in this Act;
(b) Formulate and implement the NDRRMP and ensure
that the physical framework, social, economic and
environmental plans of communities, cities,
municipalities and provinces are consistent with such
plan. The National Council shall approve the NDRRMP;
(c) Identify, assess and prioritize hazards and risks in
consultation with key stakeholders;
(d) Develop and ensure the implementation of national
standards in carrying out disaster risk reduction
programs including preparedness, mitigation,
prevention, response and rehabilitation works, from data
collection and analysis, planning, implementation,
monitoring and evaluation;
(e) Review and evaluate the Local Disaster risk
Reduction and Management Plans (LDRRMPs) to
facilitate the integration of disaster risk reduction
measures into the local Comprehensive Development
Plan (CDP) and Comprehensive Land-Use Plan (CL UP);
(f) Ensure that the LG U s, through the Local Disaster
Risk Reduction and Management Offices (LDRRMOs) are
properly informed and adhere to the national standards
and programs;
(g) Formulate standard operating procedures for the
deployment of rapid assessment teams, information
sharing among different government agencies, and
coordination before and after disasters at all levels;
(h) Establish standard operating procedures on the
communication system among provincial, city, municipal,
and barangay disaster risk reduction and management
councils, for purposes of warning and alerting them and
for gathering information on disaster areas before,
during and after disasters;
(i) Establish Disaster Risk Reduction and Management
Training Institutes in such suitable location as may be
deemed appropriate to train public and private
individuals, both local and national, in such subject as
disaster risk reduction and management among others.
The Institute shall consolidate and prepare training
materials and publications of disaster risk reduction and
management books and manuals to assist disaster risk
reduction and management workers in the planning and
implementation of this program and projects. The
Institute shall conduct research programs to upgrade
know ledge and skills and document best practices on
disaster risk reduction and management. The Institute is
also mandated to conduct periodic awareness and
education programs to accommodate new elective
officials and members of the LDRRMCs;
(j) Ensure that all disaster risk reduction programs,
projects and activities requiring regional and
international support shall be in accordance with duly
established national policies and aligned with
international agreements;
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 DISASTER MANAGEMENT & RISK REDUCTION: PHILIPPINE LAWS
14 NCM 120: Disaster Nursing
Atty. Mercy G. Dedal, RN, LLB, MST • July 22, 2022
(k) Ensure that government agencies and LGUs give top
priority and take adequate and appropriate measures in
disaster risk reduction and management;
(l) Create an enabling environment for substantial and
sustainable participation of CSOs, private groups,
volunteers and communities, and recognize their
contributions in the government's disaster risk reduction
efforts;
(m) Conduct early recovery and post-disaster needs
assessment institutionalizing gender analysis as part of
it;
(n) Establish an operating facility to be known as the
National Disaster Risk Reduction and Management
Operations Center (NDRRMOC) that shall be operated
and staffed on a twenty-four (24) hour basis;
(o) Prepare the criteria and procedure for the enlistment
of accredited community disaster volunteers (ACDVs). It
shall include a manual of operations for the volunteers
which shall be developed by the OCD in consultation
with various stakeholders;
(p) Provide advice and technical assistance and assist in
mobilizing necessary resources to increase the overall
capacity of LGUs, specifically the low income and in
high-risk areas;
(q) Create the necessary offices to perform its mandate
as provided under this Act; and
(r) Perform such other functions as may be necessary
for effective operations and implementation of this Act.
Section 10. Disaster Risk Reduction and
Management Organization at the Regional Level. -
The current Regional Disaster Coordinating Councils shall
henceforth be known as the Regional Disaster Risk
Reduction and Management Councils (RDRRMCs) which
shall coordinate, integrate, supervise, and evaluate the
activities of the LDRRMCs. The RDRRMC shall be
responsible in ensuring disaster sensitive regional
development plans, and in case of emergencies shall
convene the different regional line agencies and
concerned institutions and authorities.
Section 11. Organization at the Local Government Level.
- The existing Provincial, City, and Municipal Disaster
Coordinating Councils shall henceforth be known as the
Provincial, City, and Municipal Disaster Risk Reduction
and Management Councils. The Barangay Disaster
Coordinating Councils shall cease to exist and its powers
and functions shall henceforth be assumed by the
existing Barangay Development Councils (BDCs) which
shall serve as the LDRRMCs in every barangay.
Section 11. Organization at the Local Government
Level. - The existing Provincial, City, and Municipal
Disaster Coordinating Councils shall henceforth be
known as the Provincial, City, and Municipal Disaster
Risk Reduction and Management Councils. The Barangay
Disaster Coordinating Councils shall cease to exist and
its powers and functions shall henceforth be assumed by
the existing Barangay Development Councils (BDCs)
which shall serve as the LDRRMCs in every barangay.
Section 12. Local Disaster Risk Reduction and
Management Office (LDRRMO). - (a) There shall be
established an LDRRMO in every province, city and
municipality, and a Barangay Disaster Risk Reduction
and Management Committee (BDRRMC) in every ·
barangay which shall be responsible for setting the
direction, development, implementation and coordination
of disaster risk management programs within their
territorial jurisdiction.
(b) The LDRRMO shall be under the office of the
governor, city or municipal mayor, and the punong
barangay in case of the BDRRMC. The LDRRMOs shall be
initially organized and composed of a DRRMO to be
assisted by three (3) staff responsible for: (1)
administration and training; (2) research and planning;
and (3) operations and warning. The LDRRMOs and the
BDRRMCs shall organize, train and directly supervise the
local emergency response teams and the ACDVs.
Section 14. Integration of Disaster Risk Reduction
Education into the School Curricula and
Sangguniang Kabataan (SK) Program and
Mandatory Training for the Public Sector
Employees. - The DepED, the CHED, the Technical
Education and Skills Development Authority (TESDA), in
coordination with the OCD, the National Youth
Commission (NYC), the DOST, the DENR, the DILG-BFP,
the DOH, the DSWD and other relevant agencies, shall
integrate disaster risk reduction and management
education in the school curricula of secondary and
tertiary level of education, including the National Service
Training Program (NSTP), whether private or public,
including formal and nonformal, technical-vocational,
indigenous learning, and out-of-school youth courses
and programs.
The NDRRMC, the RDRRMCs, the LDRRMCs, the
LDRRMOs, the BDRRMCs and the SK councils shall
encourage community, specifically the youth,
participation in disaster risk reduction and management
activities, such as organizing quick response groups,
particularly in identified disaster-prone areas, as well as
the inclusion of disaster risk reduction and management
programs as part of the SK programs and projects.
The public sector employees shall be trained in
emergency response and preparedness. The training is
mandatory for such employees to comply with the
provisions of this Act.
Section 16. Declaration of State of Calamity. - The
National Council shall recommend to the President of the
Philippines the declaration of a cluster of barangays,
municipalities, cities, provinces, and regions under a
state of calamity, and the lifting thereof, based on the
criteria set by the National Council. The President's
declaration may warrant international humanitarian
assistance as deemed necessary.
The declaration and lifting of the state of calamity may
also be issued by the local sanggunian, upon the
recommendation of the LDRRMC, based on the results of
the damage assessment and needs analysis.
Section 17. Remedial Measures. - The declaration of
a state of calamity shall make mandatory the Immediate
undertaking of the following remedial measures by the
member-agencies concerned as defined in this Act:
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14 NCM 120: Disaster Nursing
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(a) Imposition of price ceiling on basic necessities and
prime commodities by the President upon the
recommendation of the implementing agency as
provided for under Republic Act No. 7581, otherwise
known as the "Price Act", or the National Price
Coordinating Council;
(b) Monitoring, prevention and control by the Local Price
Coordination Council of overpricing/profiteering and
hoarding of prime commodities, medicines and
petroleum products;
(c) Programming/reprogramming of funds for the repair
and safety upgrading of public infrastructures and
facilities; and
(d) Granting of no-interest loans by government
financing or lending institutions to the most affected
section of the population through their cooperatives or
people's organizations.
Section 18. Mechanism for International
Humanitarian Assistance. - (a) The importation and
donation of food, clothing, medicine and equipment for
relief and recovery and other disaster management and
recovery-related supplies is hereby authorized in
accordance with Section 105 of the Tariff and Customs
Code of the Philippines, as amended, and the prevailing
provisions of the General Appropriations Act covering
national internal revenue taxes and import duties of
national and local government agencies; and
(b) Importations and donations under this section shall
be considered as importation by and/or donation to the
NDRRMC, subject to the approval of the Office of the
President.
REPUBLIC ACT NO. 10344
An Act Penalizing the Unauthorized Taking,
Stealing, Keeping or Tampering of Government
Risk Reduction and Preparedness Equipment,
Accessories and Similar Facilities
Section 1. Short Title. – This Act shall be known as
the "Risk Reduction and Preparedness Equipment
Protection Act".
Section 2. Declaration of Policy. – It is the policy of
the State to protect the right of the people to a balanced
and healthful ecology in accord with the rhythm and
harmony of nature. The State shall continue the policy to
create, develop, maintain and improve conditions under
which man and nature can thrive in productive and
enjoyable harmony with each other. Towards this end,
all government agencies are mandated to institute
measures to ensure the safety of its citizens and their
properties through the installation of data and
information gathering devices and the network of
national and local authorities to disseminate risk
reduction warning and advice.
Section 3. List of Government Risk Reduction and
Preparedness Equipment and Other Vital Facility
Items. – The Department of Science and Technology
(DOST) shall, in coordination with the Philippine
Atmospheric, Geophysical and Astronomical Services
Administration (PAGASA), the Philippine Institute of
Volcanology and Seismology (PHIVOLCS) and the
National Disaster Risk Reduction and Management
Council (NDRRMC), provide a list of all government risk
reduction and preparedness equipment, accessories and
other vital facility items such as, but not limited to,
radars, weather forecasting equipment, flood monitoring
instruments, seismographs, tsunami warning systems
and automated weather systems.
For purposes of this Act, "government risk reduction and
preparedness equipment, accessories and other vital
facility items, or parts thereof refer to pieces of
equipment or devices, or parts thereof that gather,
store, archive or monitor meteorological and
seismological data and information which are analyzed
and used to warn the public about weather conditions,
earthquake, volcanic or tsunami activities and similar
natural calamities.
Section 4. Prohibited Acts. – The government risk
reduction and preparedness equipment, accessories and
other vital facility items, or parts thereof shall, at all
times, be protected and it shall be unlawful for any
person to commit any of the following acts:
(a) Steal, or take, or possess any of the equipment, or
any part thereof;
(b) Sell or buy stolen equipment or any part thereof;
(c) Tamper, dismantle, or disassemble equipment or any
part thereof;
(d) Attempt to commit any of the abovementioned
prohibited acts; and
(e) Benefit from the proceeds or fruits of any of the
abovementioned prohibited acts knowing that the
proceeds or fruits are derived from the commission of
said prohibited acts.
Section 5. Prima Facie Evidence. – The possession
or custody of any government risk reduction and
preparedness equipment, accessories and other vital
facility items, or any part thereof, as defined in Section 3
hereof, by any person, natural or juridical, without
proper authority shall be prima facie evidence that such
instrument, part or accessory, is the fruit of the offense
defined in Section 4 hereof and therefore such
equipment, instrument, accessory, or other vital facility
items, or parts thereof may be immediately confiscated
from the person in possession, control or custody
thereof.
Section 9. Public Education and Information. – At
least once a year, the DOST and the NDRRMC shall, in
coordination with the local government units (LGUs) and
nongovernment organizations (NGOs) or people’s
organizations (POs), disseminate information and
conduct continuing education on the provisions of this
Act through the media and other lawful means available.
The dissemination of information and continuing
education on the provisions of this Act shall commence
within sixty (60) days from the approval of its
implementing rules and regulations.
Such information dissemination and continuing
education shall:
(a) Aim to develop public awareness of: (1) the ill effects
of unlawful taking or stealing, tampering and buying and
selling of stolen government risk reduction and
preparedness equipment, accessories and other vital
facility items, or parts thereof; and (2) the community-
based solutions to prevent the occurrence of such
offense; and
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14 NCM 120: Disaster Nursing
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(b) Encourage the public, NGOs and POs to safeguard
and protect these government risk reduction and
preparedness equipment, accessories and other vital
facility items, or parts thereof, within their areas of
jurisdiction.
REPUBLIC ACT NO. 10821
An Act Mandating the Provision of Emergency
Relief and Protection for Children Before,
During, and After Disasters and Other
Emergency
Section 1. Short Title. – This Act shall be known as
the “Children’s Emergency Relief and Protection
Act”.
Section 2. Declaration of Policy. – It is hereby
declared the policy of the State to protect the
fundamental rights of children before, during, and after
disasters and other emergency situations when children
are gravely threatened or endangered by circumstances
that affect their survival and normal development.
Guided by the principles on survival and development,
on child participation, and consistent with the United
Nations Convention on the Rights of the Child, as well as
the Children’s Charter for Disaster Risk and Reduction,
and the minimum standards for children in humanitarian
action, the State shall establish and implement a
comprehensive and strategic program of action to
provide the children and pregnant and lactating mothers
affected by disasters and other emergency situations
with utmost support and assistance necessary for their
immediate recovery and protection against all forms of
violence, cruelty, discrimination, neglect, abuse,
exploitation and other acts prejudicial to their interest,
survival, development and well-being.
Section 3. Definition of Terms. – For the purposes of
this Act, the following shall refer to:
(a) Child – refers to a person below eighteen (18) years
of age or those over but are unable to fully take care of
themselves or protect themselves from abuse, neglect,
cruelty, exploitation or discrimination because of a
physical or mental disability or condition as defined in
Republic Act No. 7610 or the Special Protection of
Children Against Abuse, Exploitation and Discrimination
Act;
(b) Child with Special Needs – refers to a child with a
developmental or physical disability as defined in
Republic Act No. 10165 or the Foster Care Act of 2012;
(c) Child-Friendly Spaces – refer to spaces where
communities create nurturing environments for children
to engage in free and structured play, recreation, leisure
and learning activities. The child-friendly space may
provide health, nutrition, and psychosocial support, and
other services or activities which will restore their normal
functioning;
(d) Civil Registry Documents – refer to all
certificates, application forms, and certified true copies
of legal instruments and court decrees concerning the
acts and events affecting the civil status of persons
which are presented before the Civil Registrar and are
recorded in the Civil Registry;
(e) Civil Society Organizations (CSOs) – as defined
in Republic Act No.10121 or the Philippine Disaster Risk
Reduction and Management Act of 2010, refer to non-
state actors whose aims are neither to generate profits
nor to seek governing power such as nongovernment
organizations (NGOs), professional associations,
foundations, independent research institutes,
community-based organizations (CBOs), faith-based
organizations, people’s organizations, social movements,
and labor unions which are organized based on ethical,
cultural, scientific, religious or philanthropic
considerations;
(f) Disasters – as defined in Republic Act No. 10121,
refer to a serious disruption of the functioning of a
community or a society involving widespread human,
material, economic, or environmental losses and
impacts, which exceeds the ability of the affected
community or society to cope using its own resources.
Disasters are often described as a result of the
combination of: the exposure to a hazard; the conditions
of vulnerability that are present; and insufficient capacity
or measures to reduce or cope with the potential
negative consequences. Disaster impacts may include
loss of life, injury, disease and other negative effects on
human, physical, mental and social well-being, together
with damage to property, destruction of assets, loss of
services, social and economic disruption, and
environmental degradation;
(g) Emergency – refers to unforeseen or sudden
occurrence, especially danger, demanding immediate
action as defined in Republic Act No. 10121;
(h) Family Tracing and Reunification – refers to the
process where disaster response teams reunite families
separated by natural and human catastrophes by
bringing together the child and family or previous care-
provider for the purpose of establishing or reestablishing
long-term care;
(i) Hazard – refers to a dangerous phenomenon,
substance, human activity or condition that may cause
loss of life, injury or other health impacts, property
damage, loss of livelihood and services, social and
economic disruption, or environmental damage as
defined in Republic Act No. 10121;
(j) Orphans or Orphaned Children – refer to children
who do not have a family and relatives who can assume
responsibility for their care;
(k) Separated Children – refer to children separated
from both parents, or from their previous legal or usual
primary caregiver, but not necessarily from other
relatives. As a result, this may include children
accompanied by other family members;
(l) State of Calamity – refers to a condition involving
mass casualty and/or major damages to property,
disruption of means of livelihoods, roads, and normal
way of life of people in the affected areas as a result of
occurrence of natural or human-induced hazard as
defined in Republic Act No. 10121;
(m) Transitional Shelter – refers to structures
temporarily constructed by the government intended for
families affected by a disaster while awaiting transfer to
permanent shelters; and
(n) Unaccompanied Children – refer to children who
have been separated from both parents and other
relatives, and who are not being cared for by an adult
who, by law or custom, is responsible for doing so.
Section 4. Comprehensive Emergency Program for
Children. – The Department of Social Welfare and
Development (DSWD) shall formulate a Comprehensive
Emergency Program for Children, hereinafter referred to
as the Program, taking into consideration humanitarian
standards for their protection. The Program shall be
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 DISASTER MANAGEMENT & RISK REDUCTION: PHILIPPINE LAWS
14 NCM 120: Disaster Nursing
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used as the basis for handling disasters and other
emergency situations to protect children, pregnant and
lactating mothers, and support their immediate recovery.
This shall be implemented immediately after the
declaration of a national or local state of calamity or
occurrence of any other emergency situation.
(b) Establishment of Transitional Shelters for
Orphaned, Separated, and Unaccompanied
Children. – The National Housing Authority (NHA) shall,
in coordination with the DSWD, the Department of
Environment and Natural Resources (DENR),
Department of Public Works and Highways (DPWH),
Department of the Interior and Local Government
(DILG), and LGUs of the areas declared under a state of
calamity, immediately establish an option for transitional
shelters, prioritizing vulnerable and marginalized groups
including orphaned, separated, and unaccompanied
children, and pregnant and lactating mothers. New
transitional shelters, established pursuant to this Act,
shall be designed with the following considerations:
gender-specific emergency latrines, bathing cubicles,
and hand washing facilities specifically designed for
children. It shall provide mother and child-friendly
spaces where children can take part in child activities. It
shall also have provisions for maternal and newborn and
infant care and rooms to protect, feed, provide personal
care, and ensure the right to privacy. Existing
transitional shelters shall be modified to the extent
possible to comply with the abovementioned
considerations.
(c) Assurance for Immediate Delivery of Basic
Necessities and Services. – The Program shall
facilitate and ensure the immediate delivery of basic
necessities and services specifically required by the
affected children in different stages of development such
as access to basic health services, food, water, nutrition,
medicines, clothing, sanitary and hygiene kits, and other
emergency needs such as blankets, mosquito nets,
cooking ware and fiiel, and flashlights. The Program
shall give priority to the specific health and nutrition
needs of pregnant women, lactating mothers, newborn
babies, children under five (5) years old and children
with special needs.
(d) Stronger Measures to Ensure the Safety and
Security of Affected Children. – Under the Program,
the Philippine National Police (PNP) shall, in coordination
with the Armed Forces of the Philippines (AFP) and the
DSWD, DILG, LGUs, Department of Education (DepED),
Commission on Higher Education (CHED) and CSOs in
the community, monitor and ensure the safety and the
security of the affected children in the areas declared
under a state of calamity and shall protect them against
all forms of abuse and exploitation.
Upon the declaration of a national and local state of
calamity, the PNP and the DSWD, with the assistance of
the AFP operating units in the area and local councils
against trafficking and violence against women and their
children, in accordance with existing laws, shall
immediately heighten comprehensive measures and
monitoring to prevent child trafficking, labor, and
prostitution, including domestic and sexual violence, in
the areas declared under a state of calamity.
The DSWD shall require all government agencies, LGUs,
and CSOs which are tasked to provide any assistance or
services to the affected children to adopt a child
protection policy. The child protection policy shall include
measures to deter and effectively respond to cases of
violence, abuse, and exploitation of children.
(e) Delivery of Health, Medical, and Nutrition
Services. – Under the Program, the DOH, in
coordination with the DSWD, LGUs, and CSOs in the
community, shall provide the health, medical, and
nutritional needs of children in the areas declared under
a state of calamity, including psychosocial interventions
for children in different stages of development.
(f) Plan of Action for Prompt Resumption of
Educational Services for Children. – The DepED, in
coordination with the DSWD, DILG, and the concerned
LGUs shall ensure the prompt resumption of educational
services for all children, including early childhood care
and development for children aged below five (5).
(g) Establishment of Child-friendly Spaces. – The
concerned LGU shall set up child-friendly spaces in every
city or municipality declared under a state of calamity,
as needed, based on the guidelines to be promulgated
by the DSWD. In addition, LGUs shall coordinate with
lead agencies and CSOs to effectively respond to the
needs of the children in the area. Child-friendly spaces
shall be made available throughout a crisis, from
emergencies to recovery.
In case the concerned LGU cannot immediately respond
due to the huge impact of disaster, the DSWD, together
with the concerned national government agencies and in
coordination with the CSOs and other stakeholders, as
well as nearby LGUs, shall provide the necessary child
care services and social protection of affected children.
(h) Promotion of Children’s Rights. – The Program
shall include activities and processes that will promote
and uphold the rights of children by:
(1) Providing child-centered training for all
responders;
(2) Ensuring that children are provided with
adequate access to age-appropriate information
on their roles and responsibilities and those of
government agencies before, during, and after
disasters and other emergency situations;
(3) Providing an effective mechanism for training
and meaningful participation of children in
community disaster risk reduction program; and
(4) Consulting with the affected children on their
needs and priorities for post-disaster relief and
recovery.
Section 5. Evacuation Centers. – Only in cases
where there is no other available place or structure
which can be used as a general evacuation center may a
school or child development center be used as an
evacuation center.
When a school or child development center is used as an
evacuation center, gymnasiums, learning and activity
centers, auditoriums and other open spaces shall be
utilized first. Classrooms shall only be used as a last
resort. The use of the school premises shall be as brief
as possible. If the use is predicted to exceed fifteen (15)
days, the affected LGU shall provide written
documentation to the DepED and the DILG on the
following:
(a) The name and location of the school;
(b) All alternative sites and proposal for final site
selection;
(c) Measures being implemented to prevent
interference or disruption to the school and
educational activities of children; and
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 DISASTER MANAGEMENT & RISK REDUCTION: PHILIPPINE LAWS
14 NCM 120: Disaster Nursing
Atty. Mercy G. Dedal, RN, LLB, MST • July 22, 2022
(d) Other particulars to be provided in the
implementing rules and regulations of this Act.
The DepED, in coordination with the DPWH,
shall continuously monitor and assess the
condition of temporary learning spaces or other
transitional and semi-permanent structures used
as classrooms after a disaster, and if the use
exceeds six (6) months after the declaration of a
state of calamity, the regional DepED office shall
conduct regular site inspections and shall certify
to the Secretary of Education that such spaces
are in good physical condition and sufficient to
ensure the safety of the children and their
environment.
Section 6. Orphaned, Unaccompanied, or
Separated Children. – The DSWD, upon consultation
with relevant agencies, shall develop a minimum set of
standards and guidelines for the Family Tracing
Reunification System of orphaned, unaccompanied and
separated children.
Orphaned children, and unaccompanied or separated
children whose families or relatives cannot he found or
assessed to be incapable of providing proper care and
protection shall be placed in a licensed or accredited
residential care facility or with a foster family in
accordance with Article 140 of the Child and Youth
Welfare Code, or a community-based center. A
registered social worker shall provide the needed case
management and intervention.
Section 7. System of Restoring Civil Registry
Documents. – To ensure that vital information
pertaining to the personal circumstances of a child are
adequately protected and available at all times, the
Philippine Statistics Authority (PSA) shall develop a
system for the restoration and reconstruction of civil
registry documents that have been destroyed or
declared lost or missing during a disaster or calamity.
The PSA shall submit a report on the number of restored
or reconstructed documents to appropriate government
agencies for effective monitoring and reporting and to
ensure the continued access of the affected children to
social services and facilitate the’ reunification of
separated children with their families.
The PSA shall likewise develop a system for the
registration of children born during a national or local
state of calamity.
REPUBLIC ACT NO. 8749
June 23, 1999
An Act Providing for a Comprehensive Air
Pollution Control Policy and for Other Purposes
Chapter 1: General Provisions
Article One
Basic Air Quality Policies
Section 1. Short Title. - This Act shall be known as
the "Philippine Clean Air Act of 1999."
Section 2. Declaration of Principles. - 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.
The State shall promote and protect the global
environment to attain sustainable development while
recognizing the primary responsibility of local
government units to deal with environmental problems.
The State recognizes that the responsibility of cleaning
the habitat and environment is primarily area-based.
The State also recognizes the principle that "polluters
must pay".
Finally, the State recognizes that a clean and healthy
environment is for the good of all and should, therefore,
be the concern of all.
Section 3. Declaration of Policies. - The State shall
pursue a policy of balancing development and
environmental protection. To achieve this end, the frame
work for sustainable development shall be pursued. It
shall be the policy of the State to:
(a) Formulate a holistic national program of air pollution
management that shall be implemented by the
government through proper delegation and effective
coordination of functions and activities;
(b) Encourage cooperation and self-regulation among
citizens and industries through the application of market-
based instruments;
(c) Focus primarily on pollution prevention rather than
on control and provide for a comprehensive
management program for air pollution;
(d) Promote public information and education and to
encourage the participation of an informed and active
public in air quality planning and monitoring; and
(e) Formulate and enforce a system of accountability for
short and long-term adverse environmental impact of a
project, program or activity. This shall include the setting
up of a funding or guarantee mechanism for clean-up
and environmental rehabilitation and compensation for
personal damages.
Section 4. Recognition of Rights. - Pursuant to the
above-declared principles, the following rights of citizens
are hereby sought to be recognized and the State shall
seek to guarantee their enjoyment:
(a) The right to breathe clean air;
(b) The right to utilize and enjoy all natural resources
according to the principles of sustainable development;
(c) The right to participate in the formulation, planning,
implementation and monitoring of environmental policies
and programs and in the decision-making process;
(d) The right to participate in the decision-making
process concerning development policies, plans and
programs projects or activities that may have adverse
impact on the environment and public health;
(e) The right to be informed of the nature and extent of
the potential hazard of any activity, undertaking or
project and 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;
(f) The right of access to public records which a citizen
may need to exercise his or her rights effectively under
this Act;
(g) The right to bring action in court or quasi-judicial
bodies to enjoin all activities in violation of
environmental laws and regulations, to compel the
rehabilitation and cleanup of affected area, and to seek
the imposition of penal sanctions against violators of
environmental laws; and
(h) The right to bring action in court for compensation of
personal damages resulting from the adverse
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 DISASTER MANAGEMENT & RISK REDUCTION: PHILIPPINE LAWS
14 NCM 120: Disaster Nursing
Atty. Mercy G. Dedal, RN, LLB, MST • July 22, 2022
environmental and public health impact of a project or
activity.
Article Two
Definition of Terms
Section 5. Definitions. - As used in this Act:
a) "Air pollutant" means any matter found in the
atmosphere other than oxygen, nitrogen, water vapor,
carbon dioxide, and the inert gases in their natural or
normal concentrations, that is detrimental to health or
the environment, which includes but not limited to
smoke, dust, soot, cinders, fly ash, solid particles of any
kind, gases, fumes, chemical mists, steam and radio-
active substances;
b) "Air pollution" means any alteration of the physical,
chemical and biological properties of the atmospheric
air, or any discharge thereto of any liquid, gaseous or
solid substances that will or is likely to create or to
render the air resources of the country harmful,
detrimental, or injurious to public health, safety or
welfare or which will adversely affect their utilization for
domestic, commercial, industrial, agricultural,
recreational, or other legitimate purposes;
c) "Ambient air quality guideline values" mean the
concentration of air over specified periods classified as
short-term and long-term which are intended to serve as
goals or objectives for the protection of health and/or
public welfare. These values shall be used for air quality
management purposes such as determining time trends,
evaluating stages of deterioration or enhancement of the
air quality, and in general, used as basis for taking
positive action in preventing, controlling, or abating air
pollution;
d) "Ambient air quality" means the general amount of
pollution present in a broad area; and refers to the
atmosphere's average purity as distinguished from
discharge measurements taken at the source of
pollution;
xxx
h) "Emission" means any air contaminant, pollutant,
gas stream or unwanted sound from a known source
which is passed into the atmosphere;
i) "Greenhouse gases" mean those gases that can
potentially or can reasonably be expected to induce
global warming, which include carbon dioxide, methane,
oxides of nitrogen, chlorofluorocarbons, and the like;
j) "Hazardous substances" mean those substances
which present either:
(1) short-term acute hazards such as acute
toxicity by ingestion, inhalation, or skin
absorption, corrosivity or other skin or eye
contact hazard or the risk of fire explosion; or
(2) longterm toxicity upon repeated exposure,
carcinogenicity (which in some cases result in
acute exposure but with a long latent period),
resistance to detoxification process such as
biodegradation, the potential to pollute
underground or surface waters;
k) "Infectious waste" means that portion of medical
waste that could transmit an infectious disease;
l) "Medical waste" means the materials generated as a
result of patient diagnosis, treatment, or immunization
of human beings or animals;
m) "Mobile source" means any vehicle propelled by or
through combustion of carbon-based or other fuel,
constructed and operated principally for the conveyance
of persons or the transportation of property goods;
n) "Motor vehicle" means any vehicle propelled by a
gasoline or diesel engine or by any means other than
human or animal power, constructed and operated
principally for the conveyance of persons or the
transportation of property or goods in a public highway
or street open to public use;
o) "Municipal waste" means the waste materials
generated from communities within a specific locality;
p) "New vehicle" means a vehicle constructed entirely
from new parts that has never been sold or registered
with the DOTC or with the appropriate agency or
authority, and operated on the highways of the
Philippines, any foreign state or country;
xxx
r) "Ozone Depleting Substances (ODS)" means
those substances that significantly deplete or otherwise
modify the ozone layer in a manner that is likely to
result in adverse effects of human health and the
environment such as, but not limited to,
chloroflourocarbons, halons and the like;
t) "Poisonous and toxic fumes" means any emissions
and fumes which are beyond internationally - accepted
standards, including but not limited to the World Health
Organization (WHO) guideline values;
Section 6. Air Quality Monitoring and Information
Network. - The Department shall prepare an annual
National Air Quality Status Report which shall be used as
the basis in formulating the Integrated Air Quality
Improvement Framework, as provided for in Sec. 7. The
said report shall include, but shall not be limited to the
following:
a) Extent of pollution in the country, per type of
pollutant and per type of source, based on reports of the
Department’s monitoring stations;
b) Analysis and evaluation of the current state, trends
and projections of air pollution at the various levels
provided herein;
c) Identification of critical areas, activities, or projects
which will need closer monitoring or regulation;
d) Recommendations for necessary executive and
legislative action; and
e) Other pertinent qualitative and quantitative
information concerning the extent of air pollution and
the air quality performance rating of industries in the
country.
The Department, in cooperation with the National
Statistical Coordination Board (NSCB), shall design and
develop an information network for data storage,
retrieval and exchange.
The Department shall serve as the central depository of
all data and information related to air quality.
Section 8. Air Quality Control Action Plan. - Within
six (6) months after the formulation of the framework,
the Department shall, with public participation, formulate
and implement an air quality control action plan
consistent with Sec. 7 of this Act. The action plan shall:
a) Include enforceable emission limitations and other
control measures, means or techniques, as well as
schedules and time tables for compliance, as may be
necessary or appropriate to meet the applicable
requirements of this Act;
b) Provide for the establishment and operation of
appropriate devices, methods, systems and procedures
necessary to monitor, compile and analyze data on
ambient air quality;
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 DISASTER MANAGEMENT & RISK REDUCTION: PHILIPPINE LAWS
14 NCM 120: Disaster Nursing
Atty. Mercy G. Dedal, RN, LLB, MST • July 22, 2022
c) Include a program to provide for the following: (1)
enforcement of the measures described in subparagraph
[a]; (2) regulation of the modification and construction
of any stationary source within the areas covered by the
plan, in accordance with land use policy to ensure that
ambient air quality standards are achieved;
d) Contain adequate provisions, consistent with the
provisions of this Act, prohibiting any source or other
types of emissions activity within the country from
emitting any air pollutant in amounts which will
significantly contribute to the non-attainment or will
interfere with the maintenance by the Department of
any such ambient air quality standard required to be
included in the implementation plan to prevent
significant deterioration of air quality or to protect
visibility;
e) Include control strategies and control measures to be
undertaken within a specified time period, including cost
effective use of economic incentives, management
strategies, collection action and environmental education
and information;
f) Designate airsheds; and
g) All other measures necessary for the effective control
and abatement of air pollution.
The adoption of the plan shall clarify the legal effects on
the financial, manpower and budgetary resources of the
affected government agencies, and on the alignment of
their programs with the plans.
In addition to direct regulations, the plan shall be
characterized by a participatory approach to the
pollution problem. The involvement of private entities in
the monitoring and testing of emissions from mobile
and/or stationary sources shall be considered.
Likewise, the LGU’s, with the assistance from the
Department, shall prepare and develop an action plan
consistent with the Integrated Air Quality Improvement
Framework to attain and maintain the ambient air
quality standards within their respective airsheds as
provided in Sec. 9 hereof.
The local government units shall develop and submit to
the Department a procedure for carrying out the action
plan for their jurisdiction. The Department, however,
shall maintain its authority to independently inspect the
enforcement procedure adopted. The Department shall
have the power to closely supervise all or parts of the air
quality action plan until such time the local government
unit concerned can assume the function to enforce the
standards set by the Department.
A multi-sectoral monitoring team with broad public
representation shall be convened by the Department for
each LGU to conduct periodic inspections of air pollution
sources to assess compliance with emission limitations
contained in their permits.
Section 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, That 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, That existing incinerators
dealing with a biomedical wastes shall be out within
three (3) years after the effectivity of this Act; Provided,
Finally, that in the interim, such units shall be limited to
the burning of pathological and infectious wastes, and
subject to close monitoring by the Department.
Local government units are hereby mandated to
promote, encourage and implement in their respective
jurisdiction a comprehensive ecological waste
management that includes waste segregation, recycling
and composting.
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.
Section 21. Pollution from Motor Vehicles. - a) The
DOTC shall implement the emission standards for motor
vehicles set pursuant to and as provided in this Act. To
further improve the emission standards, the Department
shall review, revise and publish the standards every two
(2) years, or as the need arises. It shall consider the
maximum limits for all major pollutants to ensure
substantial improvement in air quality for the health,
safety and welfare of the general public.
Section 22. Regulation of All Motor Vehicles and
Engines. - Any imported new or locally-assembled new
motor vehicle shall not be registered unless it complies
with the emission standards set pursuant to this Act, as
evidenced by a Certificate of Conformity (COC) issued by
the Department.
Any imported new motor vehicle engine shall not be
introduced into commerce, sold or used unless it
complies with emission standards set pursuant to this
Act.
Any imported used motor vehicle or rebuilt motor vehicle
using new or used engines, major parts or components
shall not be registered unless it complies with the
emission standards.
In case of non-compliance, the importer or consignee
may be allowed to modify or rebuild the vehicular engine
so it will be in compliance with applicable emission
standards.
No motor vehicle registration (MVR) shall be issued
unless such motor vehicle passes the emission testing
requirement promulgated in accordance with this Act.
Such testing shall be conducted by the DOTC or its
authorized inspection centers within sixty (60) days prior
to date of registration.
The DTI shall promulgate the necessary regulations
prescribing the useful life of vehicles and engines
including devices in order to ensure that such vehicles
will conform to the emissions which they were certified
to meet. These regulations shall include provisions for
ensuring the durability of emission devices.
Section 23. Second-Hand Motor Vehicle Engines. -
Any imported second-hand motor vehicle engine shall
not be introduced into commerce, sold or used unless it
complies with emission standards set pursuant to this
Act.
Section 24. Pollution from smoking. - Smoking
inside a public building or an enclosed public place
including public vehicles and other means of transport or
in any enclosed area outside of one's private residence,
private place of work or any duly designated smoking
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14 NCM 120: Disaster Nursing
Atty. Mercy G. Dedal, RN, LLB, MST • July 22, 2022
area is hereby prohibited under this Act. This provision
shall be implemented by the LGUs.
Section 25. Pollution from other mobile sources. -
The Department, in coordination with appropriate
agencies, shall formulate and establish the necessary
standards for all mobile sources other than those
referred to in Sec. 21 of this Act. The imposition of the
appropriate fines and penalties from these sources for
any violation of emission standards shall be under the
jurisdiction of the DOTC.
Section 28. Misfueling. - In order to prevent the
disabling of any emission control device by lead
contamination, no person shall introduce or cause or
allow the introduction of leaded gasoline into any motor
vehicle equipped with a gasoline tank filler inlet and
labeled "unleaded gasoline only". This prohibition shall
also apply to any person who knows or should know that
such vehicle is designed solely for the use of unleaded
gasoline.
Section 29. Prohibition on Manufacture, Import
and Sale of leaded Gasoline and of Engines
and/or Components Requiring Leaded Gasoline. -
Effective not later than eighteen (18) months after the
enactment of this Act, no person shall manufacture,
import, sell, offer for sale, introduce into commerce,
convey or otherwise dispose of, in any manner, leaded
gasoline and engines and components requiring the use
of leaded gasoline.
For existing vehicles, the DTI shall formulate standards
and procedures that will allow non-conforming engines
to comply with the use of unleaded fuel within five (5)
years after the effectivity of this Act.
Section 33. Radioactive Emissions. - All projects
which will involve the use of atomic and/or nuclear
energy, and will entail release and emission of
radioactive substances into the environment, incident to
the establishment or possession of nuclear energy
facilities and radioactive materials, handling, transport,
production, storage, and use of radioactive materials,
shall be regulated in the interest of public health and
welfare by the Philippine
Nuclear Research Institute (PNRI), in coordination with
Department and other appropriate government
agencies.
Section 40. Administrative Action. - Without
prejudice to the right of any affected person to file an
administrative action, the Department shall, on its own
instance or upon verified complaint by any person,
institute administrative proceedings against any person
who violates:
(a) Standards or limitation provided under this Act; or
(b) Any order, rule or regulation issued by the
Department with respect to such standard or limitation.
Section 41. Citizen Suits. - For purposes of enforcing
the provisions of this Act or its implementing rules and
regulations, any citizen may file an appropriate civil,
criminal or administrative action in the proper courts
against:
(a) Any person who violates or fails to comply with the
provisions of this Act or its implementing rules and
regulations; or
(b) The Department or other implementing agencies
with respect to orders, rules and regulations issued
inconsistent with this Act; and/or
(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: Provided,
however, That no suit can be filed until thirty-day (30)
notice has been taken thereon.
The court shall exempt such action from the payment of
filing fees, except fees for actions not capable of
pecuniary estimations, and shall likewise, upon prima
facie showing of the non-enforcement or violation
complained of, exempt the plaintiff from the filing of an
injunction bond for the issuance of a preliminary
injunction.
Within thirty (30) days, the court shall make a
determination if the compliant herein is malicious and/or
baseless and shall accordingly dismiss the action and
award attorney's fees and damages.
Section 42. Independence of Action. - The filing of
an administrative suit against such person/entity does
not preclude the right of any other person to file any
criminal or civil action. Such civil action shall proceed
independently.
Section 43. Suits and Strategic Legal Actions
Against Public Participation and the Enforcement
of This Act. - Where a suit is brought against a person
who filed an action as provided in Sec. 41 of this Act, or
against any person, institution or government agency
that implements this Act, it shall be the duty of the
investigating prosecutor or the court, as the case may
be, to immediately make a determination not exceeding
thirty (30) days whether said legal action has been filed
to harass, vex, exert undue pressure or stifle such legal
recourses of the person complaining of or enforcing the
provisions of this Act. Upon determination thereof,
evidence warranting the same, the court shall dismiss
the case and award attorney's fees and double
damages.
This provision shall also apply and benefit public officers
who are sued for acts committed in their official
capacity, their being no grave abuse of authority, and
done in the course of enforcing this Act.
Section 44. Lien Upon Personal and Immovable
Properties of Violators. - Fines and penalties imposed
pursuant to this Act shall be liens upon personal or
immovable properties of the violator. Such lien shall, in
case of insolvency of the respondent violator, enjoy
preference to laborer's wages under Articles 2241 and
2242 of Republic Act No. 386, otherwise known as the
New Civil Code of the Philippines.
Republic Act No. 9211
June 23, 2003
AN ACT REGULATING THE PACKAGING, USE,
SALE DISTRIBUTION AND ADVERTISEMENTS
OF TOBACCO PRODUCTS AND FOR OTHER
PURPOSES
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 DISASTER MANAGEMENT & RISK REDUCTION: PHILIPPINE LAWS
14 NCM 120: Disaster Nursing
Atty. Mercy G. Dedal, RN, LLB, MST • July 22, 2022

Section 1. Short Title - This Act shall be known as the or creating and producing and/or implementing
"Tobacco Regulation Act of 2003." advertising program in various forms of media;

Section 2. Policy - it is the policy of the State to d. "Cigarette" - refers to any roll or tubular
protect the populace from hazardous products and construction, which contains tobacco or its derivatives
promote the right to health and instil health and is intended to be burned or heated under ordinary
consciousness among them. It is also the policy of the conditions of use;
State, consistent with the Constitutional ideal to promote
e. "Distributor" - refers to any person to whom a
the general welfare, to safeguard the Interests of the
tobacco product is delivered or sold for purposes of
workers and other stakeholders in the tobacco industry.
distribution in commerce, except that such terms does
For these purposes, the government shall institute a
not include a manufacturer or retailer or common carrier
balanced policy whereby the use, sale, and
of such product;
advertisements of tobacco products shall be regulated in
order to promote a healthful environment and protect f. "Mass Media" - refers to any medium of
the citizens from the hazards of tobacco smoke, and at communication designed to reach a mass of people. For
the same time ensure that the interest of tobacco this purposes, mass media includes print media such as,
farmers, growers, workers and stakeholders are not but not limited to, newspapers, magazines, and
adversely compromised. publications; broadcast media such as, but not limited
to, radio, television, cable television, and cinema;
Section 3. Purpose - It is the main thrust of this Act to:
electronic media such as but not limited to the internet;
a) Promote a healthful environment;
g. "Minor" - refers to any person below eighteen (18)
b) Inform the public of the health risks associated with
years old;
cigarette smoking and tobacco use;
c) Regulate and subsequently ban all tobacco h. "Manufacturer" - refers to any person entity,
advertisements and sponsorships; including a re-packer, who makes, fabricates, assembles,
d) Regulate the labeling of tobacco products; processes, or labels a finished product;
e) Protect the youth from being initiated to cigarette
smoking and tobacco use by prohibiting the sale of i. "Package" - refers to pack, boxes, cartons or
tobacco products to minors; containers of any kind in which any tobacco product is
f) Assists and encourage Filipino tobacco farmers to offered for sale to consumers;
cultivate alternative agricultural crops to prevent
j. "Persons" - refers to an individual, partnership,
economic dislocation; and
corporation or any other business or legal entity;
g) Create an Inter-Agency Committee on Tobacco (IAC-
Tobacco) to oversee the implementation of the k. "Point-of-sale" - refers to any location at which an
provision of this Act. individual can purchase or otherwise obtain tobacco
products;
Section 4. Definition of Terms - As used in this Act:
l. "Promotions" - refers to an event or activity
a. "Advertisement" - refers to any visual and/or
organized by or on behalf of a tobacco manufacturer,
audible message disseminated to the public about or on
distributor or retailer with the aim of promoting a brand
a particular product that promote and give publicity by
of tobacco product, which event or activity would not
words, designs, images or any other means through
occur but for the support given to it by or on behalf of
broadcasts, electronic, print or whatever form of mass
the tobacco manufacturer's name, trademark, logo, etc.
media, including outdoor advertisements, such as but no
on non-tobacco products. This includes the paid use of
limited to signs and billboards. For the purpose of this
tobacco products bearing the brand names, tradenames,
Act, advertisement shall be understood as tobacco
logos, etc. In movies, television and other forms of
advertisement.
entertainment. For the purpose of thus Act, promotion
b. "Advertising" - refers to the business of shall be understood as tobacco promotion;
conceptualizing, presenting, making available and
m. "Public Conveyance" - refers to mode of
communicating to the public, through any form of mass
transportation servicing the general population such as,
media, any fact, data or information about the
but not limited to, elevators, airplanes, buses, taxicabs,
attributes, features, quality or availability of consumers
ships, jeepneys, light rail transits, tricycles, and similar
products, services or credit.
vehicles;
For the purpose of this Act, advertising shall be
n. "Public Places" - refer to enclose or confined areas
understood as tobacco advertising. This shall specifically
of all hospitals, medical clinics, schools, public
refer to any messages and images promoting smoking;
transportation terminals and offices, and building such
the purchase or use of cigarette or tobacco trademarks
as private and public offices, recreational places,
brand names, design and manufacturer's names;
shopping malls, movie houses, hotels, restaurants, and
c. "Advertiser" - refers to a person or entity on whose the like'
account of for whom an advertisement is prepared and
disseminated by the advertising agency, which is service
established and operated for the purpose of counseling

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 DISASTER MANAGEMENT & RISK REDUCTION: PHILIPPINE LAWS
14 NCM 120: Disaster Nursing
Atty. Mercy G. Dedal, RN, LLB, MST • July 22, 2022
o. "Retailer" - refers to any person who or entity that
sells tobacco products to individuals for personal
consumption;
p. "Smoking" - refers to the act of carrying a lighted
cigarette or other tobacco products, whether or not it is
being inhale or smoked;
q. "Sponsorship" - refers to any public or private
contribution to a third party in relation to an event, team
or activity made with the aim of promoting a brand of
tobacco product, which event, team or activity would still
exist or occur without such contribution. For the purpose
of this Act, sponsorship shall be understood as tobacco
sponsorship;
r. "Tobacco" - refers to agricultural components
derived from the tobacco plant, which are processed for
use in the manufacturing of cigarettes and other tobacco
products;
s. "Tobacco Products" - refers to any product that
consists of loose tobacco that contains nicotine and is
intended for use in a cigarette, including any product
containing tobacco and intended smoking or oral or
nasal use. Unless stated otherwise, the requirements of
this Act pertaining to cigarettes shall apply to other
tobacco products;
t. "Tobacco Grower" - refers to any person who plants
tobacco before the enactment of this Act and classified
as such by the national Tobacco Administration (NTA);
and
u. "Warning" - refers to the notice printed on the
tobacco product or its container and/or displayed in print
or alert in broadcast or electronic media including
outdoor advertising and which shall bear information on
the hazard of tobacco use;
Section 5. Smoking in Public Places - Smoking shall
be absolutely prohibited in the following public places:
a) Centers of youth activity such as playschools,
preparatory schools, elementary schools, high
schools, colleges and universities, youth hostels, and
recreational facilities for persons under eighteen
(18) years old;
b) Elevator and stairwells;
c) Location in which fire hazards are present, including
gas stations and storage areas for flammable liquids,
gas, explosives or combustible materials;
d) Within the buildings and premises of public and
private hospitals. Medical, dental, and optical clinics,
health centers, nursing homes, dispensaries and
laboratories;
e) Public conveyance and public facilities including
airport and ship terminals and train and bus stations,
restaurant and conference halls, except for separate
smoking areas; and
f) Food preparation areas.
Section 6. Designated Smoking And Non-Smoking
Areas - In all enclosed places that are open to the
general public, private workplaces, and other places not
covered under the preceding section, where smoking
may expose a person to the other than the smoker to
tobacco smoke, the owner, proprietor, possessor,
manager or administrator of such places shall establish
smoking areas. Such areas may include a designated
smoking area within the building, which may be in an
open space or separate area with proper ventilation, but
shall not be located within the same room that has been
designated as a non-smoking area.1ªvvphï|.ñêt
All designated smoking areas shall at least one (1)
legible and visible sign posted, namely "SMOKING AREA"
for the Information and guidance of all concerned. In
addition, the sign or not posted shall include a warning
about the health effects of direct or secondhand
exposure to tobacco smoke. Non-smoking areas shall
likewise have at least one (1) legible and visible sign,
namely: "NO SMOKING AREA" or "NO SMOKING".
Section 7. Vending Machines, Self-Service
Facilities - unless the vending machine has a
mechanism for age verification, the sale or distribution
of tobacco products to minors by means of a vending
machine or any self-service facility or similar contraption
or device is prohibited, except at point-of-sale
establishments.
Section 8. Retailer Compliance With Respect To
Self-Service Facilities. - Each retailer shall ensure that
all tobacco-related self-service displays or facilities,
advertising, labeling and other items that are located in
the establishment of the retailer and that do not comply
with the requirements of this Act are removed or are
brought into compliance with the requirements of this
Act.
Section 9. Minimum Age Sales - Under this Act, It
shall be unlawful:
a) For any retailer or tobacco products to sell or
distribute tobacco products to any minor;
b) For any person to purchase cigarettes or
tobacco products from a minor;
c) For a minor to sell or buy cigarettes or any
tobacco products; and
d) For a minor to smoke cigarettes or any other
tobacco products.
It shall not be a defense for the person selling or
distributing that he/she did not know or was aware of
the real age of the minor. Neither shall it be a defense
that he/she did not know nor had any reason to believe
that the cigarette or any other tobacco product was for
the consumption of the minor to whom it was sold.
Section 10. Sale of Tobacco Products Within
School Perimeters - The sale or distribution of tobacco
products is prohibited within one hundred (100) meters
from any point of the perimeter of a school, public
playground or other facility frequented particularly by
minors.
Section 11. Sinage - Point-of-Sale establishments
offering, distributing or selling tobacco products to
consumers, shall post the following statement in a clear
and conspicuous manner: "SALE/DISTRIBUTION TO
OUR PURCHASE BY MINORS OF TOBACCO PRODUCTS
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14 NCM 120: Disaster Nursing
Atty. Mercy G. Dedal, RN, LLB, MST • July 22, 2022
IS UNLAWFUL" or " IT IS LAWFUL FOR TOBACCO
PRODUCTS TO BE SOLD/DISTRIBUTED TO OR
PURCHASED BY PERSONS UNDER 18 YEARS OF AGE".
Section 12. Proof Of Age Verification - In case of
doubt as to the age of the buyer, retailers shall verify,
by means of any valid from of photographic
identification containing the date of birth of the bearer,
that no individual purchasing a tobacco is below
eighteen (18) years of age.
Section 13. Warning On Cigarette Packages -
Under this Act:
a. All packages in which tobacco products are provided
to consumers withdrawn from the manufacturing
facility of all manufacturers or imported into the
Philippines intended for sale to the market, starting
1 January 2004, shall be printed, in either English or
Filipino, on a rotating basis o separately and
simultaneously, the following health warnings:
"GOVERNMENT WARNING; Cigarette are
Addictive";
"GOVERNMENT WARNING; Tobacco Can harm
your Children"; or
"GOVERNMENT WARNING; Smoking Kills."
f. In addition to the health warning al packages of
tobacco products that are provided to consumers shall
contain, on one side panel the following statement in a
clear, legible and conspicuous manner; "NO SALE TO
MINORS" or "NOT FOR SALE TO MINORS." The
statement shall occupied an area of not less than ten
percent (10%) of such side panel and shall appear in
contrast by color, typography or layout with all the other
printed material on the side panel.
Section 14. Warning On Advertising - Under this
Act:
a) All tobacco advertising in mass media shall contain
either in English or Filipino, the following health
warning; "GOVERNMENT WARNING: Cigarette
Smoking is Dangerous to Your Health."
b) For print and outdoor advertisement, the warning
frame shall be centered across the bottom of the
advertisement and occupy a total area of not less
than fifteen percent (15%) of such advertisement
including any border or fame. The text of the health
warnings shall be clearly visible and legible, printed
in a prominent color as approximate and shall
appear in contrast by color, typography or layout
with all other printed material in the advertisement.
The warning shall not be hidden or obscured by
other printed information or images in the
advertisement.
c) For television and cinema advertisements, the
warning shall be clearly shown and voiced over in
the last five (5) seconds of the advertisement,
regardless of the duration of the advertisement,
even when such advertisement is silent. The health
warning shall occupy a total area of not less than
fifty percent (50%) of the television screen and shall
be clearly visible, legible, and audible, in black text
on white background or white text on black
background. No other images except in writing shall
be included in the warning frame.
d) For radio advertisement, the warnings stated after
the advertisement shall be clearly and audibly voiced
over in the last five (5) seconds of the
advertisement, regardless of its duration.
Section 15. Restrictions On Advertising - The
following restrictions shall apply to all tobacco
advertising:
a) Advertisement shall not be aimed at or particularly
appeal to persons under eighteen (18) years of age.
b) Advertisement shall not feature a celebrity or
contain an endorsement, implied or express by a
celebrity.
c) Advertisement shall not contain cartoon characters
or subjects that depict humans or animals with
comically exaggerated features or that attribute
human or unnatural characteristics to animals,
plants or other objects.
d) Advertisement shall not show, portray or depict
scenes where the actual use of, or the act of using,
puffing or lighting cigarettes or other tobacco
products is presented to the public.
Section 16. Restrictions on Print Media
Advertising - The following restrictions shall apply to all
print media tobacco advertisements:
a) Advertisements shall not be placed in any printed
publication unless there is a reasonable basis to
believe that at least seventy-five percent (75%) of
the readers of such publication are eighteen (18)
years of age and above, and the number of youth
who read it constitutes less than ten percent (10%)
of all youth in the Philippines.
b) Advertisements shall not be placed on the packaging
or outside covers (front and back) of a magazine,
newspaper, journal or other publication printed for
general circulation.
Section 17. Restrictions on Outdoor Advertising -
The following restrictions shall apply to all print media
tobacco advertisements:
a. Outdoor advertisements shall not be placed on
billboards, wall murals, or transport stops or stations
which are within the one hundred (100) meters from any
point of the perimeter of a school, public playground or
other facility frequented particularly by persons below
eighteen (18) years of age.
b. Outdoor advertisements shall not, either individually
or when placed indeliverate combination with other
outdoor tobacco advertising, exceed seventy (70) square
meters in total size.
c. Outdoor advertisements shall not be placed on taxis,
buses, trains or other public conveyance or in stations,
terminals or platforms thereof, except point-of-sale
establishments.
Section 18. Restrictions on Advertising In
Cinemas - Tobacco advertisements are prohibited in
connection with the showing of any film where persons
below eighteen (18) years old are permitted admission
Section 19. Restrictions on Television -
Advertisements shall not be broadcast on television,
cable television, and radio between seven o' clock in the
morning and seven o' clock at night.
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 DISASTER MANAGEMENT & RISK REDUCTION: PHILIPPINE LAWS
14 NCM 120: Disaster Nursing
Atty. Mercy G. Dedal, RN, LLB, MST • July 22, 2022
Section 20. Restriction on Advertising In Audio,
Video And Computer Cassettes/discs And Similar
Medium - No electronic advertisements shall be
incorporated within any video or audio cassette,
videogame machine, optical disc or any similar medium,
unless access to the item is restricted to persons
eighteen (18) years of age or older. For the purpose of
this Section, video game includes any electronic
amusement device that utilizes a computer,
microprocessor, or similar electronic circuitry and its own
cathode ray tube, or is designed to be used with a
television set or monitor that interacts with the user of
the device.
Section 21. Restrictions on Advertising on the
Internet and Similar Medium - Advertisement are
prohibited on the internet and other similar medium
unless that Internet site is restricted to persons eighteen
(18) years of age or older. A site will be deemed
restricted if a person cannot obtain access beyond the
first page of the website unless the persons has
established that he or she is at least eighteen (18) years
old. This limitation applies to commercial
communications and shall not prevent the use of
company Internet websites to provide information
regarding a company, its products and smoking and
health related information. This Section shall prohibit
business-to-business transactions conducted on the
Internet, and other similar medium between tobaccos
manufactures, retailers and distributors.
Section 22. Ban On Advertisements - Beginning 1
January 2007, all tobacco advertising on television, cable
television and radio shall be prohibited.
Beginning 1 July 2007, all cinema and outdoor
advertising shall be prohibited. No leaflets, posters and
similar outdoor advertising materials be posted, except
inside the premises of point-of-sale retail establishments.
Beginning 1 July 2008, all forms of tobacco advertising
in mass media shall be prohibited except tobacco
advertisements placed inside the premises of point-of
sale establishments.
Section 23. Restrictions on Tobacco Promotions -
The following restrictions shall apply on all tobacco
promotions.
a) Promotions must be directed only to persons at least
eighteen (18) years old. No person below eighteen
(18) years old or who appear to be below eighteen
(18) years old may participate in such promotions.
The participants in promotions must be required to
provide proof of age.
b) Communications to consumers about tobacco
promotions shall comply with the provisions of this
Act governing tobacco advertising. In addition to the
required health warning, the age requirement for
participation in any promotion must be clearly
marked on the program materials distributed to
consumers.
c) All stalls, booths and other display concerning
tobacco promotions must be limited to point-of-sale
of adult only facilities.
d) Telephone Communications concerning promotional
offers, programs or events must include a recorded
health warning message in English or Filipino
consistent with the warnings specified in this Act.
e) No placement shall be made by manufacturer,
distributor, or retailer of any tobacco product or
tobacco product packages and advertisement as a
prop in any television program or motion picture
produced for viewing by the general public or in a
video, or optical disc or on video game machine.
f) The name, logo or other indicia of a cigarette brand
may appear on cigarette lighters, ashtrays, of other
smoking related items. If such name, logo or other
indicia of the cigarette brand is larger than fifty (50)
square centimeters, the item must carry a health
warning consistent with the warnings specified in
this Act.
g) No merchandise such as, but not limited to, t-shirts,
caps, sweatshirts, visors, backpacks, sunglasses,
writing implements and umbrellas, may be
distributed, sold or offered, directly or indirectly,
with the name, logo or other indicia of a cigarette
brand displayed so as to be visible to others when
worn or used. Clothing items must be in adult sizes
only.
h) No name, logo or other indicia of a cigarette brand
or element of a brand-related marketing activity,
may appear on items that are marketed to or likely
to be used by minors such as but not limited to
sports equipment, toys, dolls, miniature replicas of
racing vehicles, video games, and food. The
manufacturer or company must take all available
measures to prevent third parties from using the
company's brand names. Logos or other proprietary
material on products that are directed toward
minors.
i) No tobacco advertisements may be placed on
shopping bags.
Section 24. Naming Rights. - Subject to the provision
of this Act:
a) No manufacturer may enter into any agreement
pursuant to which payment is made or other
consideration is provided by such manufacturer to
any sports league, or any team involved in any such
league, in exchange for use of tobacco products
brand.
b) No manufacturer may enter into any agreement for
the naming rights of any stadium or arena using a
tobacco product brand name or otherwise cause a
stadium or arena to be name with such a brand
name.
Section 35. Instructions on the Hazardous Effect
of Smoking as Part of School Curricula. -
Instruction on the adverse effects of cigarette tobacco
smoking, including their health, environmental and
economic implications, shall be integrated into the
existing curricula of all public and private elementary
and high schools.
The DepEd Secretary shall promulgate such rules and
regulations as may be necessary to carry out the
abovestated policy hereof, and, with, the assistance of
the Secretary of Health, and with the approval of the
IAC-Tobacco, shall cause the publication and distribution
of materials on the unhealthy effects of smoking to
students and the general public.
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 DISASTER MANAGEMENT & RISK REDUCTION: PHILIPPINE LAWS
14 NCM 120: Disaster Nursing
Atty. Mercy G. Dedal, RN, LLB, MST • July 22, 2022
REPUBLIC ACT 9003
January 26, 2001
AN ACT PROVIDING FOR AN ECOLOGICAL SOLID
WASTE MANAGEMENT PROGRAM, CREATING THE
NECESSARY INSTITUTIONAL MECHANISMS AND
INCENTIVES, DECLARING CERTAIN ACTS
PROHIBITED AND PROVIDING PENALTIES,
APPROPRIATING FUNDS THEREFOR, AND FOR
OTHER PURPOSES
Section 1. Short Title - This Act shall be known as the
"Ecological Solid Waste Management Act of 2000."
Section 2. Declaration of Policies - It is hereby
declared the policy of the State to adopt a systematic,
comprehensive and ecological solid waste management
program which shall:
a) Ensure the protection of the public health and
environment;
b) Utilize environmentally-sound methods that
maximize the utilization of valuable resources and
encourage resource conservation and recovery;
c) Set guidelines and targets for solid waste avoidance
and volume reduction through source reduction and
waste minimization measures, including composting,
recycling, re-use, recovery, green charcoal process,
and others, before collection, treatment and disposal
in appropriate and environmentally sound solid
waste management facilities in accordance with
ecologically sustainable development principles;
d) Ensure the proper segregation, collection, transport,
storage, treatment and disposal of solid waste
through the formulation and adoption of the best
environmental practice in ecological waste
management excluding incineration;
e) Promote national research and development
programs for improved solid waste management and
resource conservation techniques, more effective
institutional arrangement and indigenous and
improved methods of waste reduction, collection,
separation and recovery;
f) Encourage greater private sector participation in
solid waste management;
g) Retain primary enforcement and responsibility of
solid waste management with local government
units while establishing a cooperative effort among
the national government, other local government
units, non- government organizations, and the
private sector;
h) Encourage cooperation and self-regulation among
waste generators through the application of market-
based instruments;
i) Institutionalize public participation in the
development and implementation of national and
local integrated, comprehensive, and ecological
waste management programs; and
j) Strength the integration of ecological solid waste
management and resource conservation and
recovery topics into the academic curricula of formal
and non-formal education in order to promote
environmental awareness and action among the
citizenry.
Article 2
Definition of Terms
Section 3. Definition of Terms - For the purposes of
this Act:
(a) Agricultural waste shall refer to waste generated
from planting or harvesting of crops, trimming or
pruning of plants and wastes or run-off materials from
farms or fields;
(b) Bulky wastes shall refer to waste materials which
cannot be appropriately placed in separate containers
because of either its bulky size, shape or other physical
attributes. These include large worn-out or broken
household, commercial, and industrial items such as
furniture, lamps, bookcases, filing cabinets, and other
similar items;
(c) Bureau shall refer to the Environmental
Management Bureau;
(d) Buy-back center shall refer to a recycling center
that purchases of otherwise accepts recyclable materials
from the public for the purpose of recycling such
materials;
(e) Collection shall refer to the act of removing solid
waste from the source or from a communal storage
point;
(f) Composting shall refer to the controlled
decomposition of organic matter by micro-organisms,
mainly bacteria and fungi, into a humus-like product;
(g) Consumer electronics shall refer to special waste
that includes worn-out, broken, and other discarded
items such as radios, stereos, and TV sets;
(h) Controlled dump shall refer to a disposal site at
which solid waste is deposited in accordance with the
minimum prescribed standards of site operation;
(i) Department shall refer to the Department of
Environment and Natural Resources;
(j) Disposal shall refer to the discharge, deposit,
dumping, spilling, leaking or placing of any solid waste
into or in an land;
(k) Disposal site shall refer to a site where solid waste
is finally discharged and deposited;
(l) Ecological solid waste management shall refer to
the systematic administration of activities which provide
for segregation at source, segregated transportation,
storage, transfer, processing, treatment, and disposal of
solid waste and all other waste management activities
which do not harm the environment;
(m) Environmentally acceptable shall refer to the
quality of being re-usable, biodegradable or
compostable, recyclable and not toxic or hazardous to
the environment;
(n) Generation shall refer to the act or process of
producing solid waste;
(o) Generator shall refer to a person, natural or
juridical, who last uses a material and makes it available
for disposal or recycling;
(p) Hazardous waste shall refer to solid waste
management or combination of solid waste which
because of its quantity, concentration or physical,
chemical or infectious characteristics may:
(1) cause, or significantly contribute to an increase in
mortality or an increase in serious irreversible, or
incapacitating reversible, illness; or
(2) pose a substantial present or potential hazard to
human health or the environment when improperly
treated, stored, transported, or disposed of, or otherwise
managed;
(q) Leachate shall refer to the liquid produced when
waste undergo decomposition, and when water
percolate through solid waste undergoing
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 DISASTER MANAGEMENT & RISK REDUCTION: PHILIPPINE LAWS
14 NCM 120: Disaster Nursing
Atty. Mercy G. Dedal, RN, LLB, MST • July 22, 2022
decomposition. It is contaminated liquid that contains
dissolved and suspended materials;
(r) Materials recovery facility - includes a solid waste
transfer station or sorting station, drop-off center, a
composting facility, and a recycling facility;
(s) Municipal waste shall refer to wastes produced
from activities within local government units which
include a combination of domestic, commercial,
institutional and industrial wastes and street litters;
(t) Open dump shall refer to a disposal area wherein
the solid wastes are indiscriminately thrown or disposed
of without due planning and consideration for
environmental and Health standards;
(u) Opportunity to recycle shall refer to the act of
providing a place for collecting source-separated
recyclable material, located either at a disposal site or at
another location more convenient to the population
being served, and collection at least once a month of
source-separated recyclable material from collection
service customers and to providing a public education
and promotion program that gives notice to each person
of the opportunity to recycle and encourage source
separation of recyclable material;
(v) Person(s) shall refer to any being, natural or
judicial, susceptible of rights and obligations, or of being
the subject of legal relations;
(w) Post-consumer material shall refer only to those
materials or products generated by a business or
consumer which have served their intended end use,
and which have been separated or diverted from solid
waste for the purpose of being collected, processed and
used as a raw material in the manufacturing of recycled
product, excluding materials and by-products generated
from, and by-products generated from, and commonly
used within an original manufacturing process, such as
mill scrap;
(x) Receptacles shall refer to individual containers used
for the source separation and the collection of recyclable
materials;
(y) Recovered material shall refer to material and by
products that have been recovered or diverted from solid
waste for the purpose of being collected, processed and
used as a raw material in the manufacture of a recycled
product;
(z) Recyclable material shall refer to any waste
material retrieved from the waste stream and free from
contamination that can still be converted into suitable
beneficial use or for other purposes, including, but not
limited to, newspaper, ferrous scrap metal, non-ferrous
scrap metal, used oil, corrugated cardboard, aluminum,
glass, office paper, tin cans and other materials as may
be determined by the Commission;
(aa) Recycled material shall refer to post-consumer
material that has been recycled and returned to the
economy;
(bb) Recycling shall refer to the treating of used or
waste materials through a process of making them
suitable for beneficial use and for other purposes, and
includes any process by which solid waste materials are
transformed into new products in such a manner that
the original product may lose their identity, and which
maybe used as raw materials for the production of other
goods or services: Provided, That the collection,
segregation and re-use of previously used packaging
material shall be deemed recycling under this Act;
(cc) Resource conversation shall refer to the
reduction of the amount of solid waste that are
generated or the reduction of overall resource
consumption, and utilization of recovered resources;
(dd) Resources recovery shall refer to the collection,
extraction or recovery of recyclable materials from the
waste stream for the purpose of recycling, generating
energy or producing a product suitable for beneficial
use: Provided, That such resource recovery facilities
exclude incineration;
(ee) Re-use shall refer to the process of recovering
materials intended for the same or different purpose
without the alteration of physical and chemical
characteristics;
(ff) Sanitary landfill shall refer to a waste disposal site
designed, constructed, operated and maintained in a
manner that exerts engineering control over significant
potential environment impacts arising from the
development and operation of the facility;
(gg) Schedule of Compliance shall refer to an
enforceable sequence of actions or operations to be
accomplished within a stipulated time frame leading to
compliance with a limitation, prohibition or standard set
forth in this Act or any rule of regulation issued pursuant
thereto;
(hh) Secretary landfill shall refer to the Secretary of
the Department of Environment and Natural Resources;
(ii) Segregation shall refer to a solid waste
management practice of separating different materials
found in solid waste in order to promote recycling and
re-use of resources and to reduce the volume of waste
for collection and disposal;
(jj) Segregation at source shall refer to a solid waste
management practice of separating, at the point of
origin, different materials found in solid waste in order to
promote recycling and re-use of resources and to reduce
the volume of waste for collection and disposal;
(kk) Solid waste shall refer to all discarded household,
commercial waste, non-hazardous institutional and
industrial waste, street sweepings, construction debris,
agricultural waste, and other non-hazardous/non-toxic
solid waste.
Unless specifically noted otherwise, the term "solid
waste" as used in this Act shall not include:
(1) Waste identified or listed as hazardous waste of a
solid, liquid, contained gaseous or semisolid form which
may cause or contribute to an increase in mortality or in
serious or incapacitating reversible illness, or
acute/chronic effect on the health of persons and other
organisms;
(2) Infectious waste from hospitals such as equipment,
instruments, utensils, and fomites of a disposable nature
from patients who are suspected to have or have been
diagnosed as having communicable diseases and must
therefore be isolated as required by public health
agencies, laboratory wastes such as pathological
specimens (i.e. all tissues, specimens of blood elements,
excreta, and secretions obtained from patients or
laboratory animals) and disposable fomites that may
harbor or transmit pathogenic organisms, and surgical
operating room pathologic materials from outpatient
areas and emergency rooms; and
(3) Waste resulting from mining activities, including
contaminated soil and debris.
(ll) Solid waste management shall refer to the
discipline associated with the control of generation,
storage, collection, transfer and transport, processing,
and disposal of solid wastes in a manner that is in
accord with the best principles of public health,
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 DISASTER MANAGEMENT & RISK REDUCTION: PHILIPPINE LAWS
14 NCM 120: Disaster Nursing
Atty. Mercy G. Dedal, RN, LLB, MST • July 22, 2022
economics, engineering, conservation, aesthetics, and
other environmental considerations, and that is also
responsive to public attitudes;
(mm) Solid waste management facility shall refer to
any resource recovery system or component thereof;
any system, program, or facility for resource
conservation; any facility for the collection, source
separation, storage, transportation, transfer, processing,
treatment, or disposal of solid waste;
(nn) Source reduction shall refer to the reduction of
solid waste before it enters the solid waste stream by
methods such as product design, materials substitution,
materials re-use and packaging restrictions;
(oo) Source separation shall refer to the sorting of
solid waste into some or all of its component parts at the
point of generation;
(pp) Special wastes shall refer to household hazardous
wastes such as paints, thinners, household batteries,
lead-acid batteries, spray canisters and the like. These
include wastes from residential and commercial sources
that comprise of bulky wastes, consumer electronics,
white goods, yard wastes that are collected separately,
batteries, oil, and tires. These wastes are usually
handled separately from other residential and
commercial wastes;
(qq) Storage shall refer to the interim containment of
solid wastes after generation and prior to collection for
ultimate recovery or disposal;
(rr) Transfer stations shall refer to those facilities
utilized to receive solid wastes, temporarily store,
separate, convert, or otherwise process the materials in
the solid wastes, or to transfer the solid wastes directly
from smaller to larger vehicles for transport. This term
does not include any of the following:
(1) a facility whose principal function is to receive, store,
separate, convert or otherwise process in accordance
with national minimum standards, manure;
(2) a facility, whose principal function is to receive,
store, convert, or otherwise process wastes which have
already been separated for re-use and are intended for
disposals, and
(3) the operations premises of a duly licensed solid
waste handling operator who is receives, stores,
transfers, or otherwise processes wastes as an activity
incidental to the conduct of a refuse collection and
disposal business.
(ss) Waste diversion shall refer to activities which
reduce or eliminate the amount of solid waste from
waste disposal facilities;
(tt) White goods shall refer to large worn-out or
broken household, commercial, and industrial appliances
such as stoves, refrigerators, dishwashers, and clothes
washers and dryers collected separately. White goods
ate usually dismantled for the recovery of specific
materials (e.g., copper, aluminum, etc.);
(uu) Yard waste shall refer to wood, small or chipped
branches, leaves, grass clippings, garden debris,
vegetable residue that is recognized as part of a plant or
vegetable and other materials identified by the
Commission.
Section 10. Role of LGUs in Solid Waste
Management - Pursuant to the relevant provisions of
R.A. No. 7160, otherwise known as the Local
government code, the LGUs shall be primarily
responsible for the implementation and enforcement of
the provisions of this Act within their respective
jurisdictions.
Segregation and collection of solid waste shall be
conducted at the barangay level specifically for
biodegradable, compostable and reusable wastes:
Provided, That the collection of non-recyclable materials
and special wastes shall be the responsibility of the
municipality or city.
Section 16. Local Government Solid Waste
Management Plans - The province, city or
municipality, through its local solid waste management
boards, shall prepare its respective 10-year solid waste
management plans consistent with the national solid
waste management framework
Xxx
(b) Waste characterization - For the initial source
reduction and recycling element of a local waste
management plan, the LGU waste characterization
component shall identify the constituent materials which
comprise the solid waste generated within the
jurisdiction of the LGU. The information shall be
representative of the solid waste generated and
disposed of within the area. The constituent materials
shall be identified by volume, percentage in weight or its
volumetric equivalent, material type, and source of
generation which includes residential, commercial,
industrial, governmental, or other materials. Future
revisions of waste characterization studies shall identify
the constituent materials which comprise the solid waste
disposed of at permitted disposal facilities.
(g) Composting - The composting component shall
include a program and implementation schedule which
shows the methods by which the LGU shall, in
combination with the source reduction and recycling
components, reduce a sufficient amount of solid waste
disposed of within its jurisdiction to comply with the
diversion requirements of Sec. 20 hereof.
The LGU composting component shall describe
the following:
(1) The types of materials which will be
composted under the programs;
(2) The methods for determining the categories
of solid wastes to be diverted from disposal at a
disposal facility through composting; and
(3) New facilities, and expansion of existing
facilities needed to implement the composting
component.
(h) Solid waste facility capacity and final disposal - The
solid waste facility component shall include, but shall not
be limited to, a projection of the amount of disposal
capacity needed to accommodate the solid waste
generated, reduced by the following:
(1) Implementation of source reduction, recycling and
composting programs required in this Section or through
implementation of other waste diversion activities
pursuant to Sec. 20 of this Act;
(2) Any permitted disposal facility which will be available
during the 10-year planning period; and
(3) All disposal capacity which has been secured through
an agreement with another LGU, or through an
agreement with a solid waste enterprise.
Xxxx
Open dump sites shall not be allowed as final disposal
sites. If an open dump site is existing within the city or
municipality, the plan shall make provisions for its
closure or eventual phase out within the period specified
under the framework and pursuant to the provisions
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 DISASTER MANAGEMENT & RISK REDUCTION: PHILIPPINE LAWS
14 NCM 120: Disaster Nursing
Atty. Mercy G. Dedal, RN, LLB, MST • July 22, 2022
under Sec. 37 of this Act. As an alternative, sanitary
landfill sites shall be developed and operated as a final
disposal site for solid and, eventually, residual wastes of
a municipality or city or a cluster of municipality and/or
cities. Sanitary landfills shall be designed and operated
in accordance with the guidelines set under Secs. 40 and
41 of this Act.
Section 21. Mandatory Segregation of Solid
Wastes - The LGUs shall evaluate alternative roles for
the public and private sectors in providing collection
services, type of collection system, or combination of
systems, that best meet their needs: Provided, That
segregation of wastes shall primarily be conducted at
the source, to include household, institutional, industrial,
commercial and agricultural sources: Provided, further;
That wastes shall be segregated into the categories
provided in Sec. 22 of this Act.
For premises containing six (6) or more residential units,
the local government unit shall promulgate regulations
requiring the owner or person in charge of such
premises to:
(a) 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; and
(b) notify the occupants of each buildings of the
requirements of this Act and the regulations
promulgated pursuant thereto.
Section 22. Requirements for the Segregation and
Storage of Solid Waste - The following shall be the
minimum standards and requirements for segregation
and storage of solid waste pending collection:
(a) There shall be a separate container for each type of
waste from all sources: Provided, That in the case of
bulky waste, it will suffice that the same be collected
and placed in a separate designated area; and
(b) The solid waste container depending on its use shall
be properly marked or identified for on-site
collection as "compostable", "non-recyclable",
"recyclable" or "special waste", or any other
classification as may be determined by the
Commission.
Article 3
Collection and Transport of Solid Wastes
Section 23. Requirements for Collection of Solid
Wastes - The following shall be the minimum standards
and requirements for the collection of solid waste:
(a) All collectors and other personnel directly dealing
with collection of solid waste shall be equipped with
personal protective equipment to protect them from
the hazards of handling wastes;
(b) Necessary training shall be given to the collectors
and personnel to ensure that the solid wastes are
handled properly and in accordance with the
guidelines pursuant to this Act; and
(c) Collection of solid waste shall be done in a manner
which prevents damage to the container and spillage
or scattering of solid waste within the collection
vicinity.
Section 24. Requirements for the Transport of
Solid Waste - The use of separate collection schedules
and/or separate trucks or haulers shall be required for
specific types of wastes. Otherwise, vehicles used for the
collection and transport of solid wastes shall have the
appropriate compartments to facilitate efficient storing of
sorted wastes while in transit.
Vehicles shall be designed to consider road size,
condition and capacity to ensure the sage and efficient
collection and transport of solid wastes.
The waste compartment shall have a cover to ensure the
containment of solid wastes while in transit.
For the purpose of identification, vehicles shall bear the
body number, the name, and the telephone number of
the contractor/agency collecting solid waste.
Section 39. Guidelines for Controlled Dumps - The
following shall be the minimum considerations for the
establishments of controlled dumps:
(a) Regular inert cover;
(b) Surface water and peripheral site drainage control;
(c) Provision for aerobic and anaerobic decomposition;
(d) Restriction of waste deposition to small working
areas;
(e) Fence, including provisions for litter control;
(f) Basic record-keeping;
(g) Provision of maintained access road;
(h) Controlled waste picking and trading;
(i) Post-closure site cover and vegetation; and
(j) Hydro geological siting.
Section 40. Criteria for Siting a Sanitary Landfill -
The following shall be the minimum criteria for the siting
of sanitary landfills:
(a) The site selected must be consistent with the overall
land use plan of the LGU;
(b) The site must be accessible from major roadways or
thoroughfares;
(c) The site should have an adequate quantity of earth
cover material that is easily handled and compacted;
(d) The site must be chosen with regard for the
sensitivities of the community's residents;
(e) The site must be located in an area where the
landfill's operation will not detrimentally affect
environmentally sensitive resources such as aquifer,
groundwater reservoir or watershed area;
(f) The site should be large enough to accommodate the
community's wastes for a period of five (5) years during
which people must internalize the value of
environmentally sound and sustainable solid waste
disposal;
(g) The site chosen should facilitate developing a landfill
that will satisfy budgetary constraints, including site
development, operation for many years, closure, post-
closure care and possible remediation costs;
(h) Operating plans must include provisions for
coordinating with recycling and resource recovery
projects; and
(i) Designation of a separate containment area for
household hazardous wastes.
Section 41. Criteria for Establishment of Sanitary
Landfill - The following shall be the minimum criteria
for the establishment of sanitary landfills:
(a) Liners - a system of clay layers and/or
geosynthethic membranes used to contain leachate and
reduce or prevent contaminant flow to groundwater;
(b) Leachate collection and treatment system -
installation of pipes at the low areas of the liner to
collect leachate for storage and eventual treatment and
discharge;
(c) Gas control and recovery system - a series of
vertical wells or horizontal trenches containing
permeable materials and perforated piping placed in the
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 DISASTER MANAGEMENT & RISK REDUCTION: PHILIPPINE LAWS
14 NCM 120: Disaster Nursing
Atty. Mercy G. Dedal, RN, LLB, MST • July 22, 2022
landfill to collect gas for treatment or productive use as
an energy source;
(d) Groundwater monitoring well system - wells
placed at an appropriate location and depth for taking
water that are representative of ground water quality;
(e) Cover - two (2) forms of cover consisting of soil and
geosynthetic materials to protect the waste from long-
term contact with the environment:
(i) a daily cover placed over the waste at the close of
each day's operations, and;
(ii) a final cover, or cap, which is the material placed
over the completed landfill to control infiltration of
water, gas emission to the atmosphere, and erosion.
(f) Closure procedure with the objectives of establishing
low maintenance cover systems and final cover that
minimizes the infiltration of precipitation into the waste.
Installation of the final cover must be completed within
six (6) months of the last receipt of waste;
(g) Post-closure care procedure - During this period,
the landfill owner shall be responsible for providing for
the general upkeep of the landfill, maintaining all of the
landfill's environmental protection features, operating
monitoring equipment, remediating groundwater should
it become contaminated and controlling landfill gas
migration or emission.
Section 42. Operating Criteria for Sanitary
Landfills - In the operation of a sanitary land fill, each
site operator shall maintain the following minimum
operating equipments:
(a) Disposal site records of, but not limited to:
(1) Records of weights or volumes accepted in a form
and manner approved by the Department. Such records
shall be submitted to the Department upon request,
accurate to within ten percent (10%) and adequate for
overall planning purposes and forecasting the rate of site
filling;
(2) Records of excavations which may affect the safe
and proper operation of the site or cause damage to
adjoining properties;
(3) Daily log book or file of the following information:
fires, landslides, earthquake damage, unusual and
sudden settlement, injury and property damage,
accidents, explosions, receipts or rejection of
unpermitted wastes, flooding and other unusual
occurrences;
(4) Record of personnel training; and
(5) Copy of written notification to the Department, local
health agency, and fire authority of names, addresses
and telephone numbers of the operator or responsible
party of the site;
(b) Water quality monitoring of surface and ground
waters and effluent, and gas emissions;
(c) Documentation of approvals, determinations and
other requirements by the Department;
(d) Signs:
(1) Each point of access from a public road shall be
posted with an easily visible sigh indicating the facility
name and other pertinent information as required by the
Department;
(2) If the site is open to the public, there shall be an
easily visible sign at the primary entrance of the site
indicating the name of the site operator, the operator's
telephone number, and hours of operation; an easily
visible sign at an appropriate point shall indicate the
schedule of changes and the general types of materials
which will either be accepted or not;
(3) If the site is open to the public, there shall be an
easily visible road sign and/or traffic control measures
which direct traffic to the active face and other areas
where wastes or recyclable materials will be deposited;
and
(4) Additional signs and/or measures may be required at
a disposal site by the Department to protect personnel
and public health and safety;
(e) Monitoring of quality of surface, ground and effluent
waters, and gas emissions;
(f) The site shall be designed to discourage unauthorized
access by persons and vehicles by using a perimeter
barrier or topographic constraints. Areas within the site
where open storage, or pounding of hazardous materials
occurs shall be separately fenced or otherwise secured
as determined by the Department. The Department may
also require that other areas of the site be fenced to
create an appropriate level of security;
(g) Roads within the permitted facility boundary shall be
designed to minimize the generation of dust and the
tracking of material onto adjacent public roads. Such
roads shall be kept in safe condition and maintained
such that vehicle access and unloading can be
conducted during inclement weather;
(h) Sanitary facilities consisting of adequate number of
toilets and handwashing facilities, shall be available to
personnel at or in the immediate vicinity of the site;
(i) Safe and adequate drinking water supply for the site
personnel shall be available;
(j) The site shall have communication facilities available
to site personnel to allow quick response to
emergencies;
(k) Where operations are conducted during hours of
darkness, the site and/or equipment shall be equipped
with adequate lighting as approved by the Department
to ensure safety and to monitor the effectiveness of
operations;
(l) Operating and maintenance personnel shall wear and
use appropriate safety equipment as required by the
Department;
(m) Personnel assigned to operate the site shall be
adequately trained in subject pertinent to the site
operation and maintenance, hazardous materials
recognition and screening, and heavy equipment
operations, with emphasis on safety, health,
environmental controls and emergency procedures. A
record of such training shall be placed in the operating
record;
(n) The site operator shall provide adequate supervision
of a sufficient number of qualified personnel to ensure
proper operation of the site in compliance with all
applicable laws, regulations, permit conditions and other
requirements. The operator shall notify the Department
and local health agency in writing of the names,
addresses, and telephone number of the operator or
responsible party. A copy of the written notification shall
be placed in the operation record;
(o) Any disposal site open to the public shall have an
attendant present during public operating hours or the
site shall be inspected by the operator on a regularly
scheduled basis, as determined by the Department;
(p) Unloading of solid wastes shall be confined to a small
area as possible to accommodate the number of vehicles
using the area without resulting in traffic, personnel, or
public safety hazards. Waste materials shall normally be
deposited at the toe of the fill, or as otherwise approved
by the Department;
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(q) Solid waste shall be spread and compacted in layers
with repeated passages of the landfill equipment to
minimize voids within the cell and maximize compaction.
The loose layer shall not exceed a depth approximately
two feet before compaction. Spreading and compacting
shall be accomplished as rapidly as practicable, unless
otherwise approved by the Department;
(r) Covered surfaces of the disposal area shall be graded
to promote lateral runoff of precipitation and to prevent
pounding. Grades shall be established of sufficient
slopes to account for future settlement of the fill surface.
Other effective maintenance methods may be allowed by
the Department; and
(s) Cover material or native material unsuitable for
cover, stockpiled on the site for use or removal, shall be
placed so as not to cause problems or interfere with
unloading, spreading, compacting, access, safety
drainage, or other operations.
REPUBLIC ACT No. 6969
October 26, 1990
AN ACT TO CONTROL TOXIC SUBSTANCES AND
HAZARDOUS AND NUCLEAR WASTES,
PROVIDING PENALTIES FOR VIOLATIONS
THEREOF, AND FOR OTHER PURPOSES
Section 1. Short title. – This Act shall be known as
the "Toxic Substances and Hazardous and Nuclear
Wastes Control Act of 1990."
Section 2. Declaration of Policy. – It is the policy of
the State to regulate, restrict or prohibit the importation,
manufacture, processing, sale, distribution, use and
disposal of chemical substances and mixtures that
present unreasonable risk and/or injury to health or the
environment; to prohibit the entry, even in transit, of
hazardous and nuclear wastes and their disposal into the
Philippine territorial limits for whatever purpose; and to
provide advancement and facilitate research and studies
on toxic chemicals.
Section 3. Scope. – This Act shall cover the
importation, manufacture, processing, handling, storage,
transportation, sale, distribution, use and disposal of all
unregulated chemical substances and mixtures 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 purpose.
Section 4. Objectives. – The objectives of this Act
are:
a) To keep an inventory of chemicals that are presently
being imported, manufactured, or used, indicating,
among others, their existing and possible uses, test
data, names of firms manufacturing or using them,
and such other information as may be considered
relevant to the protection of health and the
environment;
b) To monitor and regulate the importation,
manufacture, processing, handling, storage,
transportation, sale, distribution, use and disposal of
chemical substances and mixtures that present
unreasonable risk or injury to health or to the
environment in accordance with national policies and
international commitments;
c) To inform and educate the populace regarding the
hazards and risks attendant to the manufacture,
handling, storage, transportation, processing,
distribution, use and disposal of toxic chemicals and
other substances and mixture; and
d) To prevent the entry, even in transit, as well as the
keeping or storage and disposal of hazardous and
nuclear wastes into the country for whatever
purpose.
Section 5. Definition. – As used in this Act:
a) Chemical substance means any organic or inorganic
substance of a particular molecular identity,
including:
i. Any combination of such substances occurring in
whole or in part as a result of chemical reaction
or occurring in nature; and
ii. Any element or uncombined chemical.
b) Chemical mixture means any combination of two or
more chemical substances if the combination does
not occur in nature and is not, in whole or in part,
the result of a chemical reaction, if none of the
chemical substances comprising the combination is a
new chemical substance and if the combination
could have been manufactured for commercial
purposes without a chemical reaction at the time the
chemical substances comprising the combination
were combined. This shall include nonbiodegradable
mixtures.
c) Process means the preparation of a chemical
substance or mixture after its manufacture for
commercial distribution:
i. In the same form or physical state or in a
different form or physical state from that which
it was received by the person so preparing such
substance or mixture; or
ii. As part of an article containing a chemical
substance or mixture.
d) Importation means the entry of a products or
substances into the Philippines (through the
seaports or airports of entry) after having been
properly cleared through or still remaining under
customs control, the product or substance of which
is intended for direct consumption, merchandising,
warehousing, or for further processing.
e) Manufacture means the mechanical or chemical
transformation of substances into new products
whether work is performed by power-driven
machines or by hand, whether it is done in a factory
or in the worker's home, and whether the products
are sold at wholesale or retail.
f) Unreasonable risk means expected frequency of
undesirable effects or adverse responses arising
from a given exposure to a substance.
g) Hazardous substances are substances which
present either:
1) short-term acute hazards, such as acute toxicity
by ingestion, inhalation or skin absorption,
corrosivity or other skin or eye contact hazards
or the risk of fire or explosion; or
2) long-term environmental hazards, including
chronic toxicity upon repeated exposure,
carcinogenicity (which may in some cases result
from acute exposure but with a long latent
period), resistance to detoxification process such
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Atty. Mercy G. Dedal, RN, LLB, MST • July 22, 2022
as biodegradation, the potential to pollute
underground or surface waters, or aesthetically
objectionable properties such as offensive odors.
h) Hazardous wastes are hereby defined as
substances that are without any safe commercial,
industrial, agricultural or economic usage and are
shipped, transported or brought from the country of
origin for dumping or disposal into or in transit
through any part of the territory of the Philippines.
i) Hazardous wastes shall also refer to by-products,
side-products, process residues, spent reaction
media, contaminated plant or equipment or other
substances from manufacturing operations, and as
consumer discards of manufacture products.
j) Nuclear wastes are hazardous wastes made
radioactive by exposure to the radiation incidental to
the production or utilization of nuclear fuels but does
not include nuclear fuel, or radioisotopes which have
reached the final stage of fabrication so as to be
usable for any scientific, medical, agricultural,
commercial, or industrial purpose.
Section 6. Function, Powers and Responsibilities
of the Department of Environment and Natural
Resources. – The Department of Environment and
Natural Resources shall be the implementing agency
tasked with the following functions, powers, and
responsibilities:
a) To keep an updated inventory of chemicals that are
presently being manufactured or used, indicating,
among others, their existing and possible uses,
quality, test data, names of firms manufacturing or
using them, and such other information as the
Secretary may consider relevant to the protection of
health and the environment;
b) To require chemical substances and mixtures that
present unreasonable risk or injury to health or to
the environment to be tested before they are
manufactured or imported for the first time;
c) To require chemical substances and mixtures which
are presently being manufactured or processed to
be tested if there is a reason to believe that they
pose unreasonable risk or injury to health or the
environment;
d) To evaluate the characteristics of chemicals that
have been tested to determine their toxicity and the
extent of their effects on health and the
environment;
e) To enter into contracts and make grants for
research, development, and monitoring of chemical
substances and mixtures;
f) To conduct inspection of any establishment in which
chemicals are manufactured, processed, stored or
held before or after their commercial distribution and
to make recommendations to the proper authorities
concerned;
g) To confiscate or impound chemicals found not falling
within said acts cannot be enjoined except after the
chemicals have been impounded;
h) To monitor and prevent the entry, even in transit, of
hazardous and nuclear wastes and their disposal into
the country;
i) To subpoena witnesses and documents and to
require other information if necessary to carry out
the provisions of this Act;
j) To call on any department, bureau, office, agency,
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 disseminate information and conduct educational
awareness campaigns on the effects of chemical
substances, mixtures and wastes on health and
environment; and
l) To exercise such powers and perform such other
functions as may be necessary to carry out its duties
and responsibilities under this Act.
Section 9. Chemicals Subject to Testing. – Testing
shall be required in all cases where:
(a) There is a reason to believe that the chemical
substances or mixture may present an unreasonable
risk to health or the environment or there may be
substantial human or environmental exposure
thereto;
(b) There are insufficient data and experience for
determining or predicting the health and
environmental effects of the chemical substance or
mixture; and
(c) The testing of the chemical substance or mixture is
necessary to develop such data.
(d) The manufacturers, processors or importers shall
shoulder the costs of testing the chemical substance
or mixture that will be manufactured, processed, or
imported.
Section 11. Chemical Substances Exempt from
Pre-Manufacture Notification. – The manufacture of
the following chemical substances or mixtures shall be
exempt from pre-manufacture notification:
a) Those included in the categories of chemical
substances and mixtures already listed in the
inventory of existing chemicals;
b) Those to be produced in small quantities solely for
experimental or research and developmental
purposes;
c) Chemical substances and mixtures that will not
present an unreasonable risk to health and the
environment; and
d) Chemical substances and mixtures that exist
temporarily and which have no human or
environmental exposure such as those which exist
as a result of chemical reaction in the manufacture
or processing of a mixture of another chemical
substance.
REPUBLIC ACT NO. 9147
July 30, 2001
An Act Providing For The Conservation And
Protection Of Wildlife Resources And Their
Habitats, Appropriating Funds Therefor And
For Other Purposes
Section 1. Title. - This act shall be known as the
"Wildlife Resources Conservation and Protection Act."
Section 2. Declaration of Policy. ¬ It shall be the policy
of the State to conserve the country's wildlife resources
and their habitats for sustainability. In the pursuit of this
policy, this Act shall have the following objectives:
(a) to conserve and protect wildlife species and their
habitats to promote ecological balance and enhance
biological diversity;
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(b) to regulate the collection and trade of wildlife;
(c) to pursue, with due regard to the national interest,
the Philippine commitment to international conventions,
protection of wildlife and their habitats; and
(d) to initiate or support scientific studies on the
conservation of biological diversity.
Section 3. Scope of Application. ¬ The provisions of
this Act shall be enforceable for all wildlife species found
in all areas of the country, including protected areas
under Republic Act No. 7586, otherwise known as the
National Integrated Protected Areas System (NIPAS) Act,
and critical habitats. This Act shall also apply to exotic
species which are subject to trade, are cultured,
maintained and/or bred in captivity or propagated in the
country.
Section 5. Definition of Terms. ¬ As used in the Act,
the term:
(a) "Bioprospecting" means the research, collection
and utilization of biological and genetic resources for
purposes of applying the knowledge derived there from
solely for commercial purposes;
(b) "By-product or derivatives" means any part
taken or substance extracted from wildlife, in raw or in
processed form. This includes stuffed animals and
herbarium specimens;
(c) "Captive-breeding/culture or propagation"
means the process of producing individuals under
controlled conditions or with human interventions;
(d) "Collection or collecting" means the act of
gathering or harvesting wildlife, its by-products or
derivatives;
(e) "Conservation" means preservation and
sustainable utilization of wildlife, and/or maintenance,
restoration and enhancement of the habitat;
(f) "Critically endangered species" refers to a
species or subspecies that is facing extremely high risk
of extinction in the wild in the immediate future;
(g) "Economically important species" means species
or subspecies which have actual or potential value in
trade or utilization for commercial purpose;
(h) "Endangered species" refers to species or
subspecies that is not critically endangered but whose
survival in the wild is unlikely if the causal factors
continue operating;
(i) "Endemic species" Means species or subspecies
which is naturally occurring and found only within
specific areas in the country;
(j) "Exotic species" means species or subspecies
which do not naturally occur in the country;
(k) "Export permit" refers to a permit authorizing an
individual to bring out wildlife from the Philippines to any
other country;
(l) "Gratuitous permit" means permit issued to any
individual or entity engaged in noncommercial scientific,
or educational undertaking to collect wildlife;
(m) "Habitat" means place or environment where
species or subspecies naturally occur or has naturally
established its population;
(n) "Import permit" refers to a permit authorizing an
individual to bring in wildlife from another country;
(o) "Indigenous wildlife" means species or
subspecies of wildlife naturally occurring or has naturally
established population in the country;
(p) "Introduction" means bringing species into the
wild that is outside its natural habitat;
(q) "Reexport permit" refers to a permit authorizing
an individual to bring out of the country a previous
imported wildlife;
(r) "Secretary" means either or both the Secretary of
the Department of Environment and Natural Resources
and the Secretary of the Department of Agriculture;
(s) "Threatened species" a general term to denote
species or subspecies considered as critically
endangered, endangered, vulnerable or other accepted
categories of wildlife whose population is at risk of
extinction;
(t) "Trade" means the act of engaging in the exchange,
exportation or importation, purchase or sale of wildlife,
their derivatives or by-products, locally or
internationally;
(u) "Traditional use" means utilization of wildlife by
indigenous people in accordance with written or
unwritten rules, usage, customs and practices
traditionally observed, accepted and recognized by
them;
(v) "Transport permit" means a permit issued
authorizing an individual to bring wildlife from one place
to another within the territorial jurisdiction of the
Philippines;
(w) "Vulnerable species" refers to species or
subspecies that is not critically endangered nor
endangered but is under threat from adverse factors
throughout their range and is likely to move to the
endangered category in the near future;
(x) "Wildlife" means wild forms and varieties of flora
and fauna, in all developmental stages, including those
which are in captivity or are being bred or propagated;
(y) "Wildlife collector's permit" means a permit to
take or collect from the wild certain species and
quantities of wildlife for commercial purposes; and
(z) "Wildlife farm/culture permit" means a permit to
develop, operate and maintain a wildlife breeding farm
for conservation, trade and/or scientific purposes.
Section 6. Wildlife Information. ¬ All activities, as
subsequently manifested under this Chapter, shall be
authorized by the Secretary upon proper evaluation of
best available information or scientific data showing that
the activity is, or for a purpose, not detrimental to the
survival of the species or subspecies involved and/or
their habitat. For this purpose, the Secretary shall
regularly update wildlife information through research.
Section 7. Collection of Wildlife. ¬ Collection of
wildlife may be allowed in accordance with Section 6 of
this Act: Provided, That in the collection of wildlife,
appropriate and acceptable wildlife collection techniques
with least or no detrimental effects to the existing
wildlife populations and their habitats shall, likewise, be
required: Provided, further, That collection of wildlife by
indigenous people may be allowed for traditional use
and not primarily for trade: Provided, furthermore, That
collection and utilization for said purpose shall not cover
threatened species: Provided, finally, That Section 23 of
this Act shall govern the collection of threatened species.
Section 8. Possession of Wildlife. - No person or
entity shall be allowed possession of wildlife unless such
person or entity can prove financial and technical
capability and facility to maintain said wildlife: Provided,
That the source was not obtained in violation of this Act.
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Section 9. Collection and/or Possession of By-
Products and Derivatives. ¬ By-products and
derivatives may be collected and/or possessed:
Provided, That the source was not obtained in violation
of this Act.
Section 10. Local Transport of Wildlife, By-
Products and Derivatives. - Local transport of
wildlife, by-products and derivatives collected or
possessed through any other means shall be authorized
unless the same is prejudicial to the wildlife and public
health.
Section 11. Exportation and/or Importation of
Wildlife. ¬ Wildlife species may be exported to or
imported from another country as may be authorized by
the Secretary or the designated representative, subject
to strict compliance with the provisions of this Act and
rules and regulations promulgated pursuant thereto:
Provided, That the recipient of the wildlife is technically
and financially capable to maintain it.
Section 12. Introduction, Reintroduction or
Restocking of Endemic or Indigenous Wildlife. -
The introduction, reintroduction or restocking of endemic
and indigenous wildlife shall be allowed only for
population enhancement of recovery purposes subject to
prior clearance from the Secretary of the authorized
representative pursuant to Section 6 of this Act. Any
proposed introduction shall be subject to a scientific
study which shall focus on the bioecology. The
proponent shall also conduct public consultations with
concerned individuals or entities.
Section 13. Introduction of Exotic Wildlife. - No
exotic species shall be introduced into the country,
unless a clearance from the Secretary or the authorized
representative is first obtained. In no case shall exotic
species be introduced into protected areas covered by
Republic Act No. 7586 and to critical habitats under
Section 25 hereof.
In cases where introduction is allowed, it shall be
subject to environmental impact study which shall focus
on the bioecology, socioeconomic and related aspects of
the area where the species will be introduced. The
proponent shall also be required to secure the prior
informed consent from the local stakeholders.
Section 14. Bioprospecting. - Bioprospecting shall be
allowed upon execution of an undertaking by any
proponent, stipulating therein its compliance with and
commitment(s) to reasonable terms and conditions that
may be imposed by the Secretary which are necessary
to protect biological diversity.
Section 15. Scientific Researches on Wildlife. ¬
Collection and utilization of biological resources for
scientific research and not for commercial purposes shall
be allowed upon execution of an undertaking/agreement
with and issuance of a gratuitous permit by the
Secretary or the authorized representative: Provided,
That prior clearance from concerned bodies shall be
secured before the issuance of the gratuitous permit:
Provided, further, That the last paragraph of Section 14
shall likewise apply.
Section 16. Biosafety - All activities dealing on genetic
engineering and pathogenic organisms in the Philippines,
as well as activities requiring the importation,
introduction, field release and breeding of organisms
that are potentially harmful to man and the environment
shall be reviewed in accordance with the biosafety
guidelines ensuring public welfare and the protection
and conservation of wildlife and their habitats.
Section 22. Determination of Threatened Species.
- The Secretary shall determine whether any wildlife
species or subspecies is threatened, and classify the
same as critically endangered, endangered, vulnerable
or other accepted categories based on the best scientific
data and with due regard to internationally accepted
criteria, including but not limited to the following:
(a) present or threatened destruction, modification or
curtailment of its habitat or range;
(b) over-utilization for commercial, recreational, scientific
or educational purposes;
(c) inadequacy of existing regulatory mechanisms; and
(d) other natural or man-made factors affecting the
existence of wildlife.
Section 24. Conservation Breeding or Propagation
of Threatened Species - Conservation breeding or
propagation of threatened species shall be encouraged
in order to enhance its population in its natural habitat.
It shall be done simultaneously with the rehabilitation
and/or protection of the habitat where the captive-bred
or propagated species shall be released, reintroduced or
restocked.
Commercial breeding or propagation of threatened
species may be allowed provided that the following
minimum requirements are met by the applicant, to wit:
(a) Proven effective breeding and captive management
techniques of the species; and
(b) Commitment to undertake commercial breeding in
accordance with Section 17 of this Act, simultaneous
with conservation breeding.
Section 26. Registration of Threatened and Exotic
Wildlife in the Possession of Private Persons. - No
person or entity shall be allowed possession of wildlife
unless such person or entity can prove financial and
technical capability and facility to maintain said wildlife.
Twelve (12) months after the effectivity of this Act, the
Secretary shall set a period, within which
persons/entities shall register all threatened species
collected and exotic species imported prior to the
effectivity of this Act. However, when the threatened
species is needed for breeding/propagation or research
purposes, the State may acquire the wildlife through a
mutually acceptable arrangement.
After the period set has elapsed, threatened wildlife
possessed without certificate of registration shall be
confiscated in favor of the government, subject to the
penalties herein provided.
All Philippine wildlife which are not listed as threatened
prior to the effectivity of this Act but which may later
become so, shall likewise be registered during the period
set after the publication of the updated list of threatened
species.
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REPUBLIC ACT NO. 7586
An Act Providing For The Establishment And
Management Of National Integrated Protected
Areas System, Defining Its Scope And
Coverage, And For Other Purposes
Section 1. Title – This Act shall be known and referred
to as the "National Integrated Protected Areas System
Act of 1992″.
Section 2. Declaration of Policy – Cognizant of the
profound impact of man’s activities on all components of
the natural environment particularly the effect of
increasing population, resource exploitation and
industrial advancement and recognizing the critical
importance of protecting and maintaining the natural
biological and physical diversities of the environment
notably on areas with biologically unique features to
sustain human life and development, as well as plant
and animal life, it is hereby declared the policy of the
State to secure for the Filipino people of present and
future generations the perpetual existence of all native
plants and animals through the establishment of a
comprehensive system of integrated protected areas
within the classification of national park as provided for
in the Constitution.
It is hereby recognized that these areas, although
distinct in features, posses common ecological values
that may be incorporated into a holistic plan
representative of our natural heritage; that effective
administration of this area is possible only through
cooperation among national government, local
government and concerned private organizations; that
the use and enjoyment of these protected areas must be
consistent with the principles of biological diversity and
sustainable development.
To this end, there is hereby established a National
Integrated Protected Areas System (NIPAS), which shall
encompass outstandingly remarkable areas and
biologically important public lands that are habitats of
rare and endangered species of plants and animals,
biogeographic zones and related ecosystems, whether
terrestrial, wetland or marine, all of which shall be
designated as "protected areas".
Section 3. Categories – The following categories of
protected areas are hereby established:
a. Strict nature reserve;
b. Natural park;
c. Natural monument;
d. Wildlife sanctuary;
e. Protected landscapes and seascapes;
f. Resource reserve;
g. Natural biotic areas; and
h. Other categories established by law, conventions or
international agreements which the Philippine
Government is a signatory.
Section 4. Definition of Terms – For purposes of this
Act, the following terms shall be defined as follows:
1. "National Integrated Protected Areas System
(NIPAS)" is the classification and administration of all
designated protected areas to maintain essential
ecological processes and life-support systems, to
preserve genetic diversity, to ensure sustainable use of
resources found therein, and to maintain their natural
conditions to the greatest extent possible;
2. "Protected Area" refers to identified portions of
land and water set aside by reason of their unique
physical and biological significance, managed to enhance
biological diversity and protected against destructive
human exploitation;
3. "Buffer zones" are identified areas outside the
boundaries of and immediately adjacent to designated
protected areas pursuant to Section 8 that need special
development control in order to avoid or minimize harm
to the protected area;
4. "Indigenous cultural community" refers to a
group of people sharing common bonds of language,
customs, traditions and other distinctive cultural traits
and who have since time immemorial, occupied,
possessed and utilized a territory;
5. "National park" refers to a forest reservation
essentially of natural wilderness character which has
been withdrawn from settlement, occupancy or any form
of exploitation except in conformity with approved
management plan and set aside as such exclusively to
conserve the area or preserve the scenery, the natural
and historic objects, wild animals and plants therein and
to provide enjoyment of these features in such areas;
6. "Natural monuments" is a relatively small area
focused on protection of small features to protect or
preserve nationally significant natural features on
account of their special interest or unique
characteristics;
7. "Natural biotic area" is an area set aside to allow
the way of life of societies living in harmony with the
environment to adapt to modern technology at their
pace;
8. "Natural park" is a relatively large area not
materially altered by human activity where extractive
resource uses are not allowed and maintained to protect
outstanding natural and scenic areas of national or
international significance for scientific, educational and
recreational use;
9. "Protected landscapes/seascapes" are areas of
national significance which are characterized by the
harmonious interaction of man and land while providing
opportunities for public enjoyment through the
recreation and tourism within the normal lifestyle and
economic activity of these areas;
10. "Resource reserve" is an extensive and relatively
isolated and uninhabited area normally with difficult
access designated as such to protect natural resources
of the area for future use and prevent or contain
development activities that could affect the resource
pending the establishment of objectives which are based
upon appropriate knowledge and planning;
11. "Strict nature reserve" is an area possessing
some outstanding ecosystem, features and/or species of
flora and fauna of national scientific importance
maintained to protect nature and maintain processes in
an undisturbed state in order to have ecologically
representative examples of the natural environment
available for scientific study, environmental monitoring,
education, and for the maintenance of genetic resources
in a dynamic and evolutionary state;
12. "Tenured migrant communities" are
communities within protected areas which have actually
and continuously occupied such areas for five (5) years
before the designation of the same as protected areas in
accordance with this Act and are solely dependent
therein for subsistence; and
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13. "Wildlife sanctuary" comprises an area which
assures the natural conditions necessary to protect
nationally significant species, groups of species, biotic
communities or physical features of the environment
where these may require specific human manipulations
for their perpetuation.
Section 10. Administration and Management of
the System. – The National Integrated Protected Areas
System is hereby placed under the control and
administration of the Department of Environment and
Natural Resources. For this purpose, there is hereby
created a division in the regional offices of the
Department to be called the Protected Areas and Wildlife
Division in regions where protected areas have been
established, which shall be under the supervision of a
Regional Technical Director, and shall include
subordinate officers, clerks, and employees as may be
proposed by the Secretary, duly approved by the
Department of Budget and Management, and
appropriated by the Congress. The Service thus
established shall manage protected areas and promote
the permanent preservation, to the greatest extent
possible of their natural conditions.
Section 13. Ancestral Lands and Rights Over
Them. – Ancestral lands and customary rights and
interest arising shall be accorded due recognition. The
DENR shall prescribe rules and regulations to govern
ancestral lands within protected areas: Provided, that
the DENR shall have so power to evict indigenous
communities from their present occupancy nor resettle
them to another area without their consent: Provided,
however, That all rules and regulations, whether
adversely affecting said communities or not, shall be
subjected to notice and hearing to be participated in by
members of concerned indigenous community.
Section 14. Survey for Energy Resources. –
Consistent with the policies declared in Section 2 hereof,
protected areas, except strict nature reserves and
natural parks, may be subjected to exploration only for
the purpose of gathering information on energy
resources and only if such activity is carried out with the
least damage to surrounding areas. Surveys shall be
conducted only in accordance with a program approved
by the DENR, and the result of such surveys shall be
made available to the public and submitted to the
President for recommendation to Congress. Any
exploitation and utilization of energy resources found
within NIPAS areas shall be allowed only through a law
passed by Congress.
PHILIPPINE ENVIRONMENTAL LAWS
ENVIRONMENTAL LAW - has been defined as that set
of legal rules addressed specifically to activities which
potentially affect the quality of the environment,
whether natural or man-made. It consists of
international and national laws relating to the protection
and enforcement of the environment and encompasses
both “hard law” (i.e. international treaties and national
legislations) and “soft law” (i.e. guidelines, standards,
etc.). Its elements are derived from sectoral subject
areas (e.g., air, marine and inland water, soil, energy,
biological diversity) and functional tasks (e.g.
environmental impact assessment, natural resources
accounting, environmental auditing, etc.) [Craig, 2002).
RA 9729 – CLIMATE CHANGE ACT
Section 1. Title. – This Act shall be known as the
“Climate Change Act of 2009”.
Section 2. Declaration of Policy. – It is the policy of
the State to afford full protection and the advancement
of the right of the people to a healthful ecology in
accord with the rhythm and harmony of nature. In this
light, the State has adopted the Philippine Agenda 21
framework which espouses sustainable development, to
fulfill human needs while maintaining the quality of the
natural environment for current and future generations.
Towards this end, the State adopts the principle of
protecting the climate system for the benefit of
humankind, on the basis of climate justice or common
but differentiated responsibilities and the Precautionary
Principle to guide decision-making in climate risk
management. As a party to the United Nations
Framework Convention on Climate Change, the State
adopts the ultimate objective of the Convention which is
the stabilization of greenhouse gas concentrations in the
atmosphere at a level that would prevent dangerous
anthropogenic interference with the climate system
which should be achieved within a time frame sufficient
to allow ecosystems to adapt naturally to climate
change, to ensure that food production is not threatened
and to enable economic development to proceed in a
sustainable manner. As a party to the Hyogo Framework
for Action, the State likewise adopts the strategic goals
in order to build national and local resilience to climate
change-related disasters. Recognizing the vulnerability of
the Philippine archipelago and its local communities,
particularly the poor, women, and children, to potential
dangerous consequences of climate change such as
rising seas, changing landscapes, increasing frequency
and/or severity of droughts, fires, floods and storms,
climate-related illnesses and diseases, damage to
ecosystems, biodiversity loss that affect the country’s
environment, culture, and economy, the State shall
cooperate with the global community in the resolution of
climate change issues, including disaster risk reduction.
It shall be the policy of the State to enjoin the
participation of national and local governments,
businesses, nongovernment organizations, local
communities and the public to prevent and reduce the
adverse impacts of climate change and, at the same
time, maximize the benefits of climate change. It shall
also be the policy of the State to incorporate a gender-
sensitive, pro-children and propoor perspective in all
climate change and renewable energy efforts, plans and
programs. In view thereof, the State shall strengthen,
integrate, consolidate and institutionalize government
initiatives to achieve coordination in the implementation
of plans and programs to address climate change in the
context of sustainable development. Further recognizing
that climate change and disaster risk reduction are
closely interrelated and effective disaster risk reduction
will enhance climate change adaptive capacity, the State
shall integrate disaster risk reduction into climate change
programs and initiatives. Cognizant of the need to
ensure that national and subnational government
policies, plans, programs and projects are founded upon
sound environmental considerations and the principle of
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14 NCM 120: Disaster Nursing
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sustainable development, it is hereby declared the policy
of the State to systematically integrate the concept of
climate change in various phases of policy formulation,
development plans, poverty reduction strategies and
other development tools and techniques by all agencies
and instrumentalities of the government.
Section 3. Definition of Terms. – For purposes of this
Act, the following shall have the corresponding
meanings: a. “Adaptation” refers to the adjustment in
natural or human systems in response to actual or
expected climatic stimuli or their effects, which
moderates harm or exploits beneficial opportunities.
b. “Adaptive capacity” refers to the ability of
ecological, social or economic systems to adjust to
climate change including climate variability and
extremes, to moderate or offset potential damages and
to take advantage of associated opportunities with
changes in climate or to cope with the consequences
thereof.
c. “Climate Change” refers to a change in climate that
can be identified by changes in the mean and/or
variability of its properties and that persists for an
extended period typically decades or longer, whether
due to natural variability or as a result of human activity.
d. “Climate Variability” refers to the variations in the
average state and in other statistics of the climate on all
temporal and spatial scales beyond that of individual
weather events.
e. “Climate Risk” refers to the product of climate and
related hazards working over the vulnerability of human
and natural ecosystems.
f. “Disaster” refers to a serious disruption of the
functioning of a community or a society involving
widespread human, material, economic or environmental
losses and impacts which exceed the ability of the
affected community or society to cope using its own
resources.
g. “Disaster risk reduction” refers to the concept and
practice of reducing disaster risks through systematic
efforts to analyze and manage the causal factors of
disasters, including through reduced exposure to
hazards, lessened vulnerability of people and property,
wise management of land and the environment, and
improved preparedness for adverse events.
h. “Gender mainstreaming” refers to the strategy for
making women’s as well as men’s concerns and
experiences an integral dimension of the design,
implementation, monitoring, and evaluation of policies
and programs in all political, economic, and societal
spheres so that women and men benefit equally and
inequality is not perpetuated. It is the process of
assessing the implications for women and men of any
planned action, including legislation, policies, or
programs in all areas and at all levels.
i. “Global Warming” refers to the increase in the
average temperature of the Earth’s near-surface air and
oceans that is associated with the increased
concentration of greenhouse gases in the atmosphere.
j. “Greenhouse effect” refers to the process by which
the absorption of infrared radiation by the atmosphere
warms the Earth.
k. Greenhouse gases (GHG)” refers to constituents of
the atmosphere that contribute to the greenhouse effect
including, but not limited to, carbon dioxide, methane,
nitrous oxide, hydrofluorocarbons, perfluorocarbons and
sulfur hexafluoride.
l. “Mainstreaming” refers to the integration of policies
and measures that address climate change into
development planning and sectoral decision-making.
m. “Mitigation” in the context of climate change, refers
to human intervention to address anthropogenic
emissions by sources and removals by sinks of all GHG,
including ozonedepleting substances and their
substitutes.
n. “Mitigation potential” shall refer to the scale of
GHG reductions that could be made, relative to emission
baselines, for a given level of carbon price (expressed in
cost per unit of carbon dioxide equivalent emissions
avoided or reduced).
o. “Sea level rise” refers to an increase in sea level
which may be influenced by factors like global warming
through expansion of sea water as the oceans warm and
melting of ice over land and local factors such as land
subsidence.
p. “Vulnerability” refers to the degree to which a
system is susceptible to, or unable to cope with, adverse
effects of climate change, including climate variability
and extremes. Vulnerability is a function of the
character, magnitude, and rate of climate change and
variation to which a system is exposed, its sensitivity,
and its adaptive capacity.
Section 4. Creation of the Climate Change
Commission. – There is hereby established a Climate
Change Commission, hereinafter referred to as the
Commission. The Commission shall be an independent
and autonomous body and shall have the same status as
that of a national government agency. It shall be
attached to the Office of the President. The Commission
shall be the sole policy-making body of the government
which shall be tasked to coordinate, monitor and
evaluate the programs and action plans of the
government relating to climate change pursuant to the
provisions of this Act. The Commission shall be
organized within sixty (60) days from the effectivity of
this Act.
RA 9513 – RENEWABLE ENERGY ACT
 RA 9367 – BIOFUEL ACT
 RA 6716 – RAINWATER COLLECTION FACILITIES
AND SPRING WATER COLLECTION LAW
 PD 1586 - ENVIRONMENTAL IMPACT ASSESSMEMT
 ENVIRONMENTAL PROVISIONS OF 1987
CONSTITUTION
a. Sec. 16, Art. II: 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.
b. Sec. 2 (2), Art. XII: The State shall protect the
nation’s marine wealth in its archipelagic waters,
territorial sea, and exclusive economic zone, and reserve
its use and enjoyment exclusively to Filipino citizens.
c.Sec.5, Art. XII: The State, subject to the provisions
of this Constitution and national development policies
and programs, shall protect the rights of indigenous
cultural communities to their ancestral lands to ensure
their economic, social, and cultural wellbeing. The
Congress may provide for the applicability of customary
laws governing property rights or relations in
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14 NCM 120: Disaster Nursing
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determining the ownership and extent of ancestral
domain. (Note: Indigenous peoples’ traditional ecological
knowledge is an integral part of understanding the
environment).
RELATED CASES
a. MINORS OPOSA VS. SECRETRY OF DENR (224
SCRA 792)
A taxpayer’s class suit was filed by minors Juan
Antonio Oposa, et al., representing their generation
and generations yet unborn, and represented by their
parents against Fulgencio Factoran Jr., Secretary of
DENR. They prayed that judgment be rendered ordering
the defendant, his agents, representatives and other
persons acting in his behalf to:
1. Cancel all existing Timber Licensing Agreements (TLA)
in the country;
2. Cease and desist from receiving, accepting,
processing, renewing, or appraising new TLAs; and
granting the plaintiffs “such other reliefs just and
equitable under the premises.” They alleged that they
have a clear and constitutional right to a balanced and
healthful ecology and are entitled to protection by the
State in its capacity as parens patriae. Furthermore, they
claim that the act of the defendant in allowing TLA
holders to cut and deforest the remaining forests
constitutes a misappropriation and/or impairment of the
natural resources property he holds in trust for the
benefit of the plaintiff minors and succeeding
generations. The defendant filed a motion to dismiss the
complaint on the following grounds:
1. Plaintiffs have no cause of action against him;
2. The issues raised by the plaintiffs is a political
question which properly pertains to the legislative or
executive branches of the government.
ISSUE: Do the petitioner-minors have a cause of action
in filing a class suit to “prevent the misappropriation or
impairment of Philippine rainforests?”
HELD: Yes. Petitioner-minors assert that they represent
their generation as well as generations to come. The
Supreme Court ruled that they can, for themselves, for
others of their generation, and for the succeeding
generation, file a class suit. Their personality to sue in
behalf of succeeding generations is based on the
concept of intergenerational responsibility insofar as the
right to a balanced and healthful ecology is concerned.
Such a right considers the “rhythm and harmony of
nature” which indispensably include, inter alia, the
judicious disposition, utilization, management, renewal
and conservation of the country’s forest, mineral, land,
waters, fisheries, wildlife, offshore areas and other
natural resources to the end that their exploration,
development, and utilization be equitably accessible to
the present as well as the future generations. Needless
to say, every generation has a responsibility to the next
to preserve that rhythm and harmony for the full
enjoyment of a balanced and healthful ecology. Put a
little differently, the minor’s assertion of their right to a
sound environment constitutes at the same time, the
performance of their obligation to ensure the protection
of that right for the generations to come.
b. RESIDENT MARINE MAMMALS VS. SEC REYES
(GR NO 180771)
Summary:
The Supreme Court of the Republic of the Philippines
ruled that a service contract for oil exploration,
development, and production issued by the government
of the Philippines in the protected area of the Tanon
Strait was unconstitutional.
Case Note:
Two sets of petitioners filed separate cases challenging
the legality of Service Contract No. 46 (SC-46) awarded
to Japan Petroleum Exploration Co. (JAPEX). The service
contract allowed JAPEX to conduct oil exploration in the
Tanon Strait during which it performed seismic surveys
and drilled one exploration well. The first petition was
brought on behalf of resident marine mammals in the
Tanon Strait by two individuals acting as legal guardians
and stewards of the marine mammals. The second
petition was filed by a nongovernmental organization
representing the interests of fisherfolk, along with
individual representatives from fishing communities
impacted by the oil exploration activities. The petitioners
filed their cases in 2007, shortly after JAPEX began
drilling in the strait. In 2008, JAPEX and the government
of the Philippines mutually terminated the service
contract and oil exploration activities ceased. The
Supreme Court consolidated the cases for the purpose of
review. In its decision, the Supreme Court first
addressed the important procedural point of whether the
case was moot because the service contract had been
terminated. The Court declared that mootness is “not a
magical formula that can automatically dissuade the
courts in resolving a case.” Due to the alleged grave
constitutional violations and paramount public interest in
the case, not to mention the fact that the actions
complained of could be repeated, the Court found it
necessary to reach the merits of the case even though
the particular service contract had been terminated.
Reviewing the numerous claims filed by the petitioners,
the Supreme Court narrowed them down to two:
1) whether marine mammals, through their stewards,
have legal standing to pursue the case; and
2) whether the service contract violated the Philippine
Constitution or other domestic laws. As to standing, the
Court declined to extend the principle of standing
beyond natural and juridical persons, even though it
recognized that the current trend in Philippine
jurisprudence “moves towards simplification of
procedures and facilitating court access in environmental
cases.” Instead, the Court explained, “the need to give
the Resident Marine Mammals legal standing has been
eliminated by our Rules, which allow any Filipino citizen,
as a steward of nature, to bring a suit to enforce our
environmental laws.” The Court then held that while SC-
46 was authorized Presidential Decree No. 87 on oil
extraction, the contract did not fulfill two additional
constitutional requirements. Section 2 Article XII of the
1987 Constitution requires a service contract for oil
exploration and extraction to be signed by the president
and reported to congress. Because the JAPEX contract
was executed solely by the Energy Secretary, and not
reported to the Philippine congress, the Court held that
it was unconstitutional. In addition, the Court also ruled
that the contract violated the National Integrated
Protected Areas System Act of 1992 (NIPAS Act), which
generally prohibits exploitation of natural resources in
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protected areas. In order to explore for resources in a
protected area, the exploration must be performed in
accordance with an environmental impact assessment
(EIA). The Court noted that JAPEX started the seismic
surveys before any EIA was performed; therefore its
activity was unlawful. Furthermore, the Tanon Strait is a
NIPAS area, and exploration and utilization of energy
resources can only be authorized through a law passed
by the Philippine Congress. Because Congress had not
specifically authorized the activity in Tanon Strait, the
Court declared that no energy exploration should be
permitted in that area.
c. MMDA VS. CONCERNED CITIZENS OF MANILA
BAY
At the core of this case is Manila Bay, a place with proud
historic past, once brimming with marine life, but now a
dirty and slowly dying expanse mainly due to official
indifference of people and institutions that could have
otherwise made a difference. Respondents Concerned
Residents filed a complaint before the RTC in Imus,
Cavite against several government agencies, among
them the petitioners, for the cleanup, rehabilitation, and
protection of Manila Bay and to submit to RTC a
concerted concrete plan of action for the purpose. The
complaint alleged the following: • Water quality had
fallen way below the allowable standards set by law (as
confirmed by the DENR). Given the sample water
collected, the amount of fecal coliform content is beyond
the standard. • The continued neglect of officials violates
several laws With the reckless, accumulated, and
ongoing acts, omission, commission of defendants
resulting in clear and present danger to public health
and in the depletion and contamination of the marine life
of Manila Bay, the RTC held petitioner liable and ordered
to clean up and rehabilitate Manila Bay and to restore its
water quality to class B waters fit for swimming, skin-
diving, and other forms of contact recreation. Petitioners
appealed before the CA contending that the provisions
of Environmental Code (PD 1152) relate only to the
cleaning of specific pollution incidents and do not cover
cleaning in general. They also asserted that cleaning of
the Manila Bay is not a ministerial act which can be
compelled by mandamus.
ISSUES:
(1) Whether Sec. 17 and 20 f PD 1152 under the
headings, Upgrading of Water Quality and Clean-Up
Operations, envisage a clean-up in general or are they
limited only to the cleanup of specific pollution incidents?
(2) Can petitioner be compelled by mandamus to clean
up and rehabilitate Manila Bay?
HELD:
(1) NO. Sec. 17 does not state that government
agencies concerned ought to confine themselves to
containment, removal, and cleaning operations when
specific pollution incident occurs. On the contrary, Sec.
17 requires them to act even in the absence of specific
pollution incident, as long as the water quality “has
deteriorated to a degree where its state will adversely
affect its best usage.” This is not conditional on
occurrence of any pollution incident. (2) YES. SC held
that cleaning up and rehabilitating Manila Bay is
ministerial in nature and can be compelled by
mandamus. Sec. 3 (c) of RA No. 7924 (law creating
MMDA) is mandated to put up an adequate and
appropriate sanitary landfill and solid waste and liquid
disposal as well as alternative garbage disposal systems.
This is set up by law (enjoined as a matter of statutory
obligations).
d. PAB VS. CA & SOLAR TEXTILE
MANUFACTURING CORP. (GR NO 93891)
Solar Textile Finishing Corporation was involved in
bleaching, rinsing, and dyeing textiles with wastewater
being directly discharged into a canal leading to adjacent
Tullahan-Tinejeros River. Petitioner Board, an agency
charged with the task of determining whether effluents
of a particular industrial establishments comply with or
violate applicable anti-pollution statutory and regulatory
provisions have been remarkably forbearing, enforced
the applicable standards vis-à-vis Solar. Yes. The Board
was acting within its powers in issuing the cease and
desist orders as per PD 9874, Sec. 7 (a). It is not
essential that an immediate threat to life, public health,
safety exists before an ex-parte cease and desist order
may be issued. It is enough if the Board finds that the
wastes discharged do exceed the allowable standards
set by the Board.
e. PRINCIPE VS. FACT-FINDING & INTELLIGENCE
BUREAU (GR NO 145973)
On February 19, 1991, then City Mayor of Antipolo City,
Daniel S. Garcia, endorsed the Philjas Corporation to the
Housing and Land Use Regulatory Board (HLURB) for the
creation, development and sale of lots of the Cherry Hills
Subdivision (CHS) located in the above-mentioned city.
Thereafter, Philjas was issued different permits and
documents for purposes of proceeding with the project.
Eventually, a Small Scale Mining Permit (SSMP) was
issued to Philjas to extract and remove 10,000 cu.
Meters of filling materials from the area where the
proposed subdivision is to be constructed. However,
another respondent (in the CA case) informed Philjas
that CHS is within the EIS System and as such must
secure ECC from the DENR. Subsequently, Philjas
applied for an ECC permit. Upon the recommendation of
one of the subordinates of herein petitioner, the latter
approved Philjas’s application for an ECC permit. The
petitioner approved the same based from the Inspection
Report conducted by petitioner’s subordinates. The
Ombudsman rendered a decision finding the petitioner
Principe administratively liable for Gross Neglect of Duty
and imposed upon him the penalty of dismissal from
office. The CA affirmed the Ombudsman’s decision.
Hence, this petition.
ISSUE:
Whether or not the Ombudsman may dismiss petitioner
from the service on an administrative charge for gross
neglect of duty, initiated, investigated and d ecided by
the Ombudsman himself without substantial evidence to
support his findings of gross neglect of duty because the
duty to monitor and inspect the project was not vested
in the petitioner.
HELD:
DAO 38-1990 specifically points out the functions of the
office attached to the petitioner and nowhere in it can
be found the latter’s responsibility of monitoring housing
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and land development projects. The Ombudsman,
without taking into consideration the lawfully mandated
duties and functions attached to petitioner’s position,
immediately concluded that as the signing and approving
authority of the ECC issued to Philjas, it was incumbent
upon the petitioner to conduct actual monitoring and
enforce strict compliance with the terms of the ECC.
Hence, how could petitioner be guilty of neglecting a
duty, which is not even his to begin with? Administrative
liability could not be based on the fact that petitioner
was the person who signed and approved the ECC,
without proof of actual act or omission constituting
neglect of duty. In the absence of substantial evidence
of gross neglect of petitioner, administrative liability
could not be based on the principle of command
responsibility. The negligence of the petitioner’s
subordinates is not tantamount to his own negligence. It
was not within the mandated responsibilities of
petitioner to conduct actual monitoring of projects. The
principles governing public officers under the Revised
Administrative Code of 1987 clearly provide that a head
of a department or a superior officer shall not be civilly
liable for the wrongful acts, omissions of duty,
negligence, or misfeasance of his subordinates, unless
he has actually authorized by written order the specific
act or misconduct complained of.
f. BALICAS VS. FACT-FINDING & INTELLIGENCE
BUREAU (GR NO 145972)
FACTS:
In the development of the Cherry Hills Subdivision
(CHS), Philjas applied for the issuance of ECC from the
DENR-Region IV Respondent BALICAS, PENRO senior
environmental management specialist, monitored the
implementation of the CHS Project Development to
check compliance with the terms and conditions in the
ECC. She conducted another monitoring on the project
for the same purpose. In both instances, she noted that
the project was still in the construction stage hence,
compliance with the stipulated conditions could not be
fully assessed, and therefore, a follow-up monitoring is
proper. It appeared from the records that this August
23, 1995 monitoring inspection was the last one
conducted by the DENR. Immediately after the tragic
incident on August 3, 1999, a fact-finding investigation
was conducted by the Office of the Ombudsman through
its Fact-Finding and Intelligence Bureau (FFIB), which
duly filed an administrative complaint with the Office of
the Ombudsman against several officials of the Housing
and Land Use Regulatory Board (HLURB), Department of
Environment and Natural Resources (DENR), and the
local government of Antipolo. The charge against
petitioner involved a supposed failure on her part to
monitor and inspect the development of CHS, which was
assumed to be her duty as DENR senior environmental
management specialist assigned in the province of Rizal.
For her part, petitioner belied allegations that monitoring
was not conducted, claiming that she monitored the
development of CHS as evidenced by 3 monitoring
reports .She further claimed good faith and exercise of
due diligence, insisting that the tragedy was a fortuitous
event. She reasoned that the collapse did not occur in
Cherry Hills, but in the adjacent mountain eastern side
of the subdivision. The Office of the Ombudsman
rendered a decision imposing upon petitioner the
supreme penalty of dismissal from office for gross
neglect of duty. Petitioner seasonably filed a petition for
review of the Ombudsmans decision with the CA. The
Court of Appeals dismissed the petition for lack of merit
and affirmed the appealed decision. It found that the
landslide was a preventable occurrence and that
petitioner was guilty of gross negligence in failing to
closely monitor Philjas compliance with the conditions of
the ECC given the known inherent instability of the
ground where the subdivision was developed. The
appellate court likewise denied petitioners motion for
reconsideration. This petition for review on certiorari
ISSUE:
WON Balicas is guilty of gross neglect of duty
HELD:
The petition is hereby GRANTED, The CA decision
affirming the Ombudsmans dismissal of petitioner
IGNACIA BALICAS from office is REVERSED and SET
ASIDE, and petitioners REINSTATEMENT to her position
with back pay and without loss of seniority rights is
hereby ordered. No. In order to ascertain if there had
been gross neglect of duty, we have to look at the
lawfully prescribed duties of petitioner. Unfortunately,
DENR regulations are silent on the specific duties of a
senior environmental management specialist. Internal
regulations merely speak of the functions of the
Provincial Environment and Natural Resources Office
(PENRO) to which petitioner directly reports.
The monitoring duties of the PENRO mainly deal with
broad environmental concerns, particularly pollution
abatement. This general monitoring duty is applicable to
all types of physical developments that may adversely
impact on the environment, whether housing projects,
industrial sites, recreational facilities, or scientific
undertakings. However, a more specific monitoring duty
is imposed on the HLURB as the sole regulatory body for
housing and land development. P.D. No. 1586 prescribes
the following duties on the HLURB (then Ministry of
Human Settlements) in connection with environmentally
critical projects requiring an ECC:
SECTION 4. Presidential Proclamation of Environmentally
Critical Areas and Projects. The President of the
Philippines may, on his own initiative or upon
recommendation of the National Environment Protection
Council, by proclamation declare certain projects,
undertakings or areas in the country as environmentally
critical. No person, partnership or corporation shall
undertake or operate any such declared environmentally
critical project or area without first securing an
Environmental Compliance Certificate issued by the
President or his duly authorized representative. For the
proper management of said critical project or area, the
President may by his proclamation reorganize such
government offices, agencies, institutions, corporations
or instrumentalities including the re-alignment of
government personnel, and their specific functions and
responsibilities.
For the same purpose as above, the Ministry of Human
Settlements [now HLURB] shall:
a. prepare the proper land or water use pattern
for said critical project(s) or area(s);
b. establish ambient environmental quality
standards;
c. develop a program of environmental
enhancement or protective measures against
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calamitous factors such as earthquake, floods,
water erosion and others; d. and perform such
other functions as may be directed by the
President from time to time.
The legal duty to monitor housing projects, like the CHP,
against calamities such as landslides due to continuous
rain, is clearly placed on the HLURB, not on the
petitioner as PENRO senior environmental management
specialist. In fact, the law imposes no clear and direct
duty on petitioner to perform such narrowly defined
monitoring function.
g. RA 4850 – LAGUNA LAKE DEVELOPMENT
AUTHORITY
The LLDA was organized by virtue of Republic Act No.
4850 as a quasigovernment agency with regulatory and
proprietary functions. Through Presidential Decree 813
in 1975, and Executive Order 927 in 1983, its powers
and functions were further strengthened to include
environmental protection and jurisdiction over the lake
basin’s surface water. In 1993, through Executive Order
149, the administrative supervision over LLDA was
transferred from the Office of the President to the
Department of Environment and Natural Resources
(DENR).
LLDA has jurisdiction over the following towns/cities:
(1) Rizal and Laguna Provinces,
(2) towns of Silang, General Mariano Alvarez, Carmona,
(3) Tagaytay City in Cavite,
(4) Lucban, Quezon,
(5) City of Tanauan, towns of Sto. Tomas
(6) Malvar in Batangas,
(7) Cities of Marikina,
(8) Pasig,
(9) Taguig,
(10) Muntinlupa,
(11) Pasay,
(12) Caloocan,
(13) Quezon
(14) Town of Pateros in Metro Manila.
LLDA then served notice to general public that: a. Fish
pens, cages, and other aquaculture structures
unregistered with LLDA are declared illegal; b. Those
declared illegal shall be subject to demolition; c. Owners
of those declared illegal shall be criminally charged with
violations of provisions of RA No. 4850/PD 813. A month
later, LLDA sent notices advising the owner of the
illegally constructed fish pens/cages and aqua
structures, advising them to dismantle their respective
structures otherwise demolition shall be effected.
ISSUE:
Which agency of the government—LLDA or
towns/municipalities comprising the region—should
exercise jurisdiction over the Laguna Lake and its
surrounding district insofar as issuance of permits for
fishing privileges is concerned.
HELD:
LLDA. Sec. 4 (k) of LLDA charter and Sec. 2 of EO 927,
specifically provide that the LLDA shall have exclusive
jurisdiction to issue permits for the use of all surface
water for any projects or activities affecting the region.
On the other hand, RA No. 7610 has granted
municipalities exclusive authority to grant fishery
privilege on municipal waters. Provisions of RA No. 7610
do not necessarily repeal the laws creating LLDA. Where
there’s conflict between general and special laws, the
latter should prevail as it evinces legislative intent more
clearly than general statute. Special law cannot be
repealed, amended, or altered by a subsequent general
law by mere implications. Moreover, the powers of LLDA
, for the purpose of effectively rehabilitating and
monitoring Laguna de Bay, partakes of the nature of
police power, most pervasive, least limitable, most
demanding of all state powers.

FACTS:
Laguna Lake Development Authority (LLDA) was created
through RA No. 4850 in order to execute the policy of
towards environmental protection and sustainable
development so as to accelerate the development and
balanced growth of the Laguna Lake Area and the
surrounding provinces and towns. EO 927 further
defined and enlarged the powers and functions of LLDA
and enumerated towns, cities, and provinces
encompassed by the term “Laguna de Bay Region.”
Upon the implementation of RA No. 7160 (Local
Government Code), the municipalities assumed
EXCLUSIVE JURISDICTION and authority to issue fishing
privileges within their municipal waters since Sec. 149
thereof provides that Municipal corporations shall have
authority to grant “in municipal waters and impose
rental fees or charges thereof.” Big fish pen operators
took advantage of the occasion to establish fish pens
and fish cages to the dismay of LLDA. Implementation of
separate, independent policies in fish cages/fish pen
operation and the INDISCRIMINATE grant of fish pen
permits by the lakeshore municipalities aggravated the
current environmental problems and ecological stress of
Laguna Lake.

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