ENVI LAW: MIDTERM
- including sets of mandatory quality standards and
REVIEWER:
What is law? is an essential tool for the sound management
of the environment and its resources, and its development and
application are of vital importance to all societies.
RANGE OF TASKS
-developing new constitutional theory
- drafting implementing policies
- new legislations
- administrative regulations
- formulation of guidelines
To ensure compliance with legal
requirements, opportunities for litigation to
halt environmentally degrading activities
and reshaping the legal and
administrative systems of governmental
agencies so that environmental
implications are properly taken into
account in agency decisions.
Public policies
- involves the use of law as an instrument of social
change as well as social control and those inef ciencies in the
legal system.
What Constitutes the environment?
the environment consists of everything that
surrounds us, either natural or man-made.
CONSIST OF LAW:
-International
-National
Relating to the protection and enforcement of the environment
and encompasses both;
- hard law
i.e., ( International treaties and national legislations)
- soft law
i.e., ( guidelines, standards, etc.)
NOTE: Environmental law is only one component of
environmental protection techniques and should be
complemented by functional tasks such as development plans,
conservation strategies and institutional support.
Environmental Problems:
-Pollution
-climate change
-loss of biodiversity
-food and water security
-over-population
ENVIRONMENTAL LAW: A NEW FIELD OF LAW
- have traditionally been formulated around
important themes such as nature conservation and protection
of these principal areas of environmental concern: air, water,
and land.
- an important tool of environmental management.
- it established the rights and duties of individuals,
communities and industries in the use of environmental
resources
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assigns powers, responsibilities and liabilities in respect to
environmental management.
- its main concern is to govern the relationship of
man and his environment.
Common law system
Tort law - provides remedies for harm caused by an
individual to another
UN Stockholm Declaration on the human environment
(1972)
- centered on man as both creator and molder of his
environment.
- essential to his well-being and to the enjoyment of
basic human rights including the right to life itself
- man has the fundamental right to freedom,
equality, and adequate conditions of life in an environment of a
quality that permits a life of dignity and well-being, he bears a
solemn responsibility to protect and improve the environment
for the present and future generations.
THE ESSENCE OF THE ENVIRONMENT
- is the essence of life.
- it refers to the air, water, land, built-up structures,
everything.
THE ENVIRONMENT HAS POSED VARIOUS CHALLENGES
TO MAN:
- population
- food security
- loss of species and ecosystems
- energy
- climate change
- industry
- land use
How man handles the challenges and provides for a better
world for the next generation is still a burning issue.
MAIN CONCERN OF ENVIRONMENTAL LAW:
- is to govern the relationship of man with his natural
surroundings.
- i.e., man is the custodian rather than the conqueror
of nature.
As custodians, man must not merely exploit resources, he
must also conserve them.
He should strive to strike a harmonious balance between
development and environmental protection for his survival and
well-being.
GUIDING PRINCIPLE
- naturally, it should be respected and preserved in
its present condition.
- its prior condition if recreation or restoration of
the prior condition is possible and bene cial.
THREE LEADING ENVIRONMENTAL PROBLEMS:
• Climate Change,
• food security,
• Communicable disease (health pandemic)

Minors Oposa v.
Secretary of the
Department of
Environment and Natural
Resources
Background
This action was initiated by (among others) a group of
children in the Philippines, who represented themselves and
generations yet to be born, and The Philippine Ecological
Network, Inc.  They demanded that the Department of
Environment and Natural Resources (“DENR”)
discontinue existing and further timber license
agreements (“TLA”) in view of deforestation, on the basis
of a fundamental right to a balanced and healthful ecology
which was embodied in the Constitution and various
legislations.  Their action was however dismissed at lower
court on the basis that (i) there was a lack of a legally
recognized wrong giving raise to the claim, (ii) the issue
raised was a political question and (iii) on the ground of
the non-impairment of contracts clause in the
Constitution. The applicants appealed to the Supreme Court,
which had to rule on (ISSUE) whether there was a legally
recognized wrong that could give raise to a claim to
"prevent [and stop] the misappropriation or deterioration"
of the Philippine rainforests.
Reasoning
The Supreme Court rst considered the procedural issue
in respect of standing, which it concluded that not only were
the child applicants entitled to represent themselves and
others of their generation, they were also entitled to sue on
behalf of the future generations based on the concept of
intergenerational responsibility.  By asserting their right to a
healthy environment, the applicants were also, at the same
time, performing their obligation to protect the right to full
enjoyment of a balanced and healthful ecology for the future
generations.
 Marine Mammals" in the petition, are the toothed whales,
The Court recognized that the right to a balanced and
healthful ecology was so fundamental that it was “assumed
to exist from the inception of humankind” (p. 9).  Such right
was provided for in the Constitution and various
legislations, hence imposing upon the state a correlative
obligation to preserve the right to a balanced and
healthful ecology. DENR’s duty to protect and advance the
right to a balanced and healthful ecology was also clearly
stated under its mandate and by virtue of its statutory powers
and functions. Hence, DENR’s refusal to refrain from
harming the environment by continuing to grant and/or
renew the TLAs (agreement) would therefore constitute a
legally recognized wrong that could give raise to a claim,
as it was an act or omission in violation of the plaintiffs’ legal
rights.  The Court further concluded that the issue in
question was not one concerning policy formulation or
determination by the state, rather, it involved the
enforcement of a certain right in the face of formulated
policies and written legislation.  Lastly, the court
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considered that all TLAs could be revoked by executive
action, given that the TLAs were simply instruments for
the state to regulate the utilization and disposition of
forest resources, instead of contracts or properties being
protected by the Constitution.
Remedy/Held
The court found in favor of the applicants and set aside the
lower court’s dismissal order. The Court ruled that the
applicants might amend their complaint to include as
respondents the holders or grantees of the challenged
timber license contracts.
Signi cance of the case from a CRSL perspective
This case declared that the constitutional right to a balanced
and healthful ecology is justiciable. More importantly, this case
expressly con rms the standing of future generations to sue,
where future generations would be able to assert their rights
through the present generations.  As a result, this case paved
the way for other strategic litigation cases on the basis of
intergenerational equity and justice, and has since opened up
opportunities for future child rights litigation particularly in the
area of climate litigation (e.g Metropolitan Manila Development
Authority v. Concerned Residents of Manila Bay) as well as
being cited in by litigators in other countries seeking to assert
the environmental rights of children and future generations
RESIDENT MARINE
MAMMALS OF
PROTECTED SEASCAPE
TANON STRAIT v.
SECRETARY ANGELO
REYES
FACTS:  Petitioners, collectively referred to as the "Resident
dolphins, porpoises, and other cetacean species, which
inhabit the waters in and around the Tañon Strait. They are
joined by Gloria Estenzo Ramos and Rose-Liza Eisma-
Osorio as their legal guardians and as friends (to be
collectively known as "the Stewards") who allegedly
empathize with, and seek the protection of, the
aforementioned marine species. Also impleaded as an
unwilling co-petitioner is former President Gloria Macapagal-
Arroyo, for her express declaration and undertaking in the
ASEAN Charter to protect the Tañon Strait, among others. On
June 13, 2002, the Government of the Philippines, acting
through the DOE (dept of energy), entered into a
Geophysical Survey and Exploration Contract-102
(GSEC-102) with JAPEX. This contract involved geological
and geophysical studies of the Tañon Strait. The studies
included surface geology, sample analysis, and reprocessing
of seismic and magnetic data. JAPEX, assisted by DOE, also
conducted geophysical and satellite surveys, as well as oil and
gas sampling in Tañon Strait. On December 21, 2004, DOE
and JAPEX formally converted GSEC-102 into SC-46 for
 the exploration, development, and production of
petroleum resources in a block covering approximately 2,850
square kilometers offshore the Tañon Strait. JAPEX
committed to drill one exploration well during the second sub-
phase of the project. On March 6, 2007, the EMB of DENR
Region VII granted an ECC to the DOE and JAPEX for the
offshore oil and gas exploration project in Tañon Strait.14
Months later, on November 16, 2007, JAPEX began to drill
an exploratory well, with a depth of 3,150 meters, near
Pinamungajan town in the western Cebu Province. This
drilling lasted until February 8, 2008. The petitioners insist
that SC-46 is null and void for having violated Section 2,
Article XII of the 1987 Constitution.  Facts:
ISSUE:  Whether or not Service Contract No. 46 is violative of
the 1987 Philippine Constitution and statutes  decades in the past, a spot for different contact recreation
DECISION:  Granted  because of the abject of cial... indifference of people and
RATIO DECIDENDI:  This Court has previously settled the
issue of whether service contracts are still allowed under the
1987 Constitution. In La Bugal, the Court held that the
deletion of the words "service contracts" in the 1987
Constitution did not amount to a ban on them per se. In
fact, portions of the deliberations of the members of the
Constitutional Commission (ConCom) to show that in
deliberating on paragraph 4, Section 2, Article XII, they were
actually referring to service contracts as understood in the
1973 Constitution, making progress with safety measures to
eliminate or minimize the abuses prevalent during the martial
law regime. In summarizing the matters discussed in the
ConCom, the Court established that paragraph 4, with the
safeguards in place, is the exception to paragraph 1, Section 2
of Article XII.
The following are the safeguards this Court enumerated in La
Bugal: Such service contracts may be entered into only
with respect to minerals, petroleum and other mineral oils.
The grant thereof is subject to several safeguards, among
which are these requirements: (1) The service contract
shall be crafted in accordance with a general law that will
set standard or uniform terms, conditions, and requirements,
presumably to attain a certain uniformity in provisions and
avoid the possible insertion of terms disadvantageous to the
country. (2) The President shall be the signatory for the
government because, supposedly before an agreement is
presented to the President for signature, it will have been
vetted several times over at different levels to ensure that it
conforms to law and can withstand public scrutiny. (3) Within
thirty days of the executed agreement, the President shall
report it to Congress to give that branch of government an
opportunity to look over the agreement and interpose timely
objections, if any. Adhering to the aforementioned guidelines,
the
*Court nds that SC-46 is indeed null and void for
noncompliance with the requirements of the 1987
Constitution.   The Court of Appeals Sustained the Regional Trial Court
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METROPOLITAN MANILA
DEVELOPMENT
AUTHORITY C.
CONCERN RESIDENTS
OF MANILA BAY
At the core of the case is the Manila Bay, a place with a proud
historic past, once brimming with marine life and, for so many
activities, but now a dirty and slowly dying expanse mainly
institutions that could have otherwise made a difference.
This case started when, on January 29, 1999, respondents
Concerned Residents of Manila Bay led a complaint
before the Regional Trial Court (RTC) in Imus, Cavite
against several government agencies, among them the
petitioners, for the cleanup, rehabilitation, and protection
of... the Manila Bay.
In their individual causes of action, respondents alleged that
the continued neglect of petitioners in lessening the pollution
of the Manila Bay constitutes a violation of, among others:
1. Respondents' constitutional right to life, health, and a
balanced ecology;
2. The Environment Code (PD 1152);
3. The Pollution Control Law (PD 984);
4. The Water Code (PD 1067);
5. The Sanitation Code (PD 856);
6. The Illegal Disposal of Wastes Decree (PD 825);
7. The Marine Pollution Law (PD 979);
8. Executive Order No. 192;
9. The Toxic and Hazardous Wastes Law (Republic Act
No. 6969);
10. Civil Code provisions on nuisance and human
relations;
11. The Trust Doctrine and the Principle of Guardianship;
and
12. International Law... water samples collected from
different beaches around the Manila Bay showed that
the amount of fecal coliform content ranged from
50,000 to 80,000 most probable number (MPN)/ml
when what DENR Administrative Order No. 34-90...
prescribed as a safe level for bathing and other forms
of contact recreational activities, or the "SB" level, is
one not exceeding 200 MPN/100 ml.
The Regional Trial Court Ordered Petitioners to Clean Up
and Rehabilitate Manila Bay
Petitioners contend at every turn that Secs. 17 and 20 of the
Environment Code concern themselves only with the matter of
cleaning up in speci c pollution incidents, as opposed to
cleanup in general.
 Petitioners proffer the argument that Secs. 17 and 20 of PD
1152 merely direct the government agencies concerned to
undertake containment, removal, and cleaning operations of a
speci c polluted portion or portions of the body of water
concerned.
respondents argue that petitioners erroneously read Sec.
62(g) as delimiting the application of Sec. 20 to the
containment, removal, and cleanup operations for accidental
spills only.
Issues:
[SECTIONS] 17 AND 20 OF [PD] 1152 RELATE ONLY TO
THE CLEANING OF SPECIFIC POLLUTION INCIDENTS
AND [DO] NOT COVER CLEANING IN GENERAL
THE CLEANING OR REHABILITATION OF THE MANILA
BAY IS NOT A MINISTERIAL ACT OF PETITIONERS THAT
CAN BE COMPELLED BY MANDAMUS
The issues before us are two-fold. First, do Sections 17 and
20 of PD 1152 under the headings, Upgrading of Water
Quality and Clean-up Operations, envisage a cleanup in
general or are they limited only to the cleanup of speci c
pollution incidents? And... second, can petitioners be
compelled by mandamus to clean up and rehabilitate the
Manila Bay?
Ruling:
The Cleaning or Rehabilitation of Manila Bay
Can be Compelled by Mandamus (a judicial writ issued as
a command to an inferior court or ordering a person to
perform a public or statutory duty)
The MMDA is duty-bound to comply with Sec. 41 of the
Ecological Solid Waste Management Act (RA 9003) which
prescribes the minimum criteria for the establishment of
sanitary land lls and Sec. 42 which provides the minimum
operating requirements that each site operator shall...
maintain in the operation of a sanitary land ll.
WHEREFORE, judgment is hereby rendered ordering the
abovenamed defendant-government agencies to clean up,
rehabilitate, and preserve Manila Bay, and restore and
maintain its waters to SB level (Class B sea waters per
Water Classi cation Tables under DENR
Administrative Order No. 34 [1990]) to make them t for
swimming and other forms of contact recreation.
 The State shall regulate and exercise authority over foreign
Principles:
One of the country's development objectives is enshrined in
RA 9275 or the Philippine Clean Water Act of 2004. This
law stresses that the State shall pursue a policy of economic
growth in a manner consistent with the protection,
preservation, and revival of the quality of our... fresh, brackish,
and marine waters.
Secs. 17 and 20 of the Environment Code
Include Cleaning in General
The disputed sections are quoted as follows:
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Section 17. Upgrading of Water Quality. Where the quality
of water has deteriorated to a degree where its state will
adversely affect its best usage, the government agencies
concerned shall take such measures as may be necessary
to upgrade the quality of such... water to meet the
prescribed water quality standards.
Section 20. Clean-up Operations. It shall be the
responsibility of the polluter to contain, remove and clean-up
water pollution incidents at his own expense. In case of his
failure to do so, the government agencies concerned shall
undertake containment, removal and... clean-up operations
and expenses incurred in said operations shall be charged
against the persons and/or entities responsible for such
pollution.
Prince Hotel vs GSIS
Self-Executing Provisions of the Constitution – Par. 2, Sec. 10,
Art. XII
Pursuant to the privatization program of the government, the
Government Service Insurance System (GSIS) decided to
sell 30-51% of the Manila Hotel Corporation. Two bidders
participated, Manila Prince Hotel (MPH) and the Malaysian
Firm Renong Berhad (MF). MPH’s bid was at P41.58/per
share while RB’s bid was at P44.00/share. RB was the highest
bidder hence it was logically considered as the winning bidder
but is yet to be declared so. Pending declaration, MPH
matches RB’s bid and invoked the Filipino First Policy
enshrined under par. 2, Sec. 10, Art. XII of the 1987
Constitution which provides:
Section 10. The Congress shall, upon recommendation of the
economic and planning agency, when the national interest
dictates, reserve to citizens of the Philippines or to
corporations or associations at least sixty per centum of
whose capital is owned by such citizens, or such higher
percentage as Congress may prescribe, certain areas of
investments. The Congress shall enact measures that will
encourage the formation and operation of enterprises whose
capital is wholly owned by Filipinos.
In the grant of rights, privileges, and concessions
covering the national economy and patrimony, the State
shall give preference to quali ed Filipinos.
investments within its national jurisdiction and in accordance
with its national goals and priorities.
But GSIS refused to accept said offer. In turn MPH led a
petition for TRO (Temporary Restraining Order) against
GSIS to avoid the perfection/consummation of the sale to
MF. TRO was granted.
MF then assailed the TRO issued in favor of MPH arguing
among others that:
1. Par. 2, Sec. 10, Art. XII of the 1987 Constitution needs
an implementing law because it is merely a statement
of principle and policy (not self-executing);
2. Even if said passage is self-executing, Manila Hotel
does not fall under national patrimony.
 ISSUE:  Whether or not MF should be admitted as the
highest bidder and hence be proclaimed as the legit buyer
of shares.
HELD/RULING OF THE COURT:  Is that MPH should be
awarded the sale pursuant to Art 12 of the 1987 Const.
This is in light of the Filipino First Policy.
In the granting of economic rights, privileges, and
concessions, when a choice has to be made between a
‘quali ed foreigner’ and a ‘quali ed Filipino,’ the latter
shall be chosen over the former.
⁃ Par. 2, Sec. 10, Art. 12 of the 1987 Constitution is
self-executing. The Constitution is the fundamental,
paramount, and supreme law of the nation, it is
deemed written in every statute and contract.
Manila Hotel falls under national patrimony. Patrimony in its
plain and ordinary meaning pertains to heritage. When the
Constitution speaks of national patrimony, it refers not
only to the natural resources of the Philippines, as the
Constitution, but also to the  cultural heritage of the
Filipinos. It also refers to our intelligence in arts, sciences and
letters. Therefore, we should develop not only our lands,
forests, mines, and other natural resources but also the mental
ability or faculty of our people. Note that, for more than 8
decades (9 now) Manila Hotel has bore mute witness to the
triumphs and failures, loves and frustrations of the Filipinos; its
existence is impressed with the public interest; its own
historicity associated with our struggle for sovereignty,
independence and nationhood.
Herein resolved as well is the term Quali ed Filipinos which
not only pertains to individuals but to corporations as well and
other juridical entities/personalities. The term ‘quali ed
Filipinos’ simply means that preference shall be given to
those citizens who can make a viable contribution to the
common good, because of credible competence and
ef ciency. It certainly does NOT mandate the pampering and
preferential treatment to Filipino citizens or organizations that
are incompetent or inef cient, since such an indiscriminate
preference would be counter productive and inimical to the
common good.
Philippine Environmental
Policy
 Section 3
Pres. Decree No. 1151
 In furtherance of these goals and policies, the Government
WHEREAS, the individual and, at times, con icting,
demands of population growth, urbanization, industrial
expansion, rapid natural resources utilization and increasing
technological advances have resulted in a piecemeal-
approach concept of environmental protection;
WHEREAS, such tunnel-vision concept is not conducive to the
attainment of an ideal environmental situation where man
and nature can thrive in harmony with one another; and
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WHEREAS, there is now an urgent need to formulate an
intensive, integrated program of environmental protection
that will bring about a concerted effort towards the protection
of the entire spectrum of the environment through a
requirement of environmental impact assessments and
statements;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President
of the Philippines, by virtue of the powers vested in me by the
Constitution, do hereby order and decree:
Section 1
Policy. —
It is hereby declared a continuing policy of the State
• to create, develop, maintain and improve
conditions under which man and nature can thrive
in productive and enjoyable harmony with each
other,
• to ful l the social, economic and other
requirements of present and future generations of
Filipinos, and
• to insure the attainment of an environmental quality
that is conducive to a life of dignity and well-being.
Section 2
Goal. —
In pursuing this policy, it shall be the responsibility of the
Government, in cooperation with concerned private
organizations and entities, to use all practicable means,
consistent with other essential considerations of national
policy, in promoting the general welfare to the end that the
Nation may
• recognize, discharge and ful l the responsibilities
of each generation as trustee and guardian of the
environment for succeeding generations,
• assure the people of a safe, decent, healthful,
productive and aesthetic environment,
• encourage the widest exploitation of the
environment without degrading it, or endangering
human life, health and safety or creating conditions
adverse to agriculture, commerce and industry,
• preserve important historic and cultural aspects of
the Philippine heritage,
• attain a rational and orderly balance between
population and resource use, and
• improve the utilization of renewable and non-
renewable resources.
Right to a Healthy Environment. —
recognizes the right of the people to a healthful environment. It
shall be the duty and responsibility of each individual to
contribute to the preservation and enhancement of the
Philippine environment.
Section 4
Environmental Impact Statements. —
Pursuant to the above enunciated policies and goals, all
agencies and instrumentalities of the national government,
including government-owned or controlled corporations, as
well as private corporations rms and entities shall prepare,
 le and include in every action, project or undertaking which
signi cantly affects the quality of the environment a detailed
statement on —
• the environmental impact of the proposed action,
project or undertaking;
• any adverse environmental effect which cannot be
avoided should the proposal be implemented;
• alternative to the proposed action;
• a determination that the short-term uses of the
resources of the environment are consistent with
the maintenance and enhancement of the long-
term productivity of the same; and
• whenever a proposal involves the use of
depletable or non-renewable resources, a nding
must be made that such use and commitment are
warranted.
Before an environmental impact statement is issued by a lead
agency, all agencies having jurisdiction over, or special
expertise on, the subject matter involved shall comment on the
draft environmental impact statement made by the lead
agency within thirty (30) days from receipt of the same.
Section 5
Agency Guidelines. —
The different agencies charged with environmental protection
as enumerated in Letter of Instruction No. 422 shall, within
sixty (60) days from the effectivity of this Decree, submit to the
National Environmental Protection Council (NEPC), their
respective guidelines, rules and regulations to carry out the
provisions of Sec. 4 hereof on environmental impact
assessments and statements.
Section 6
Repealing Clause. —
All Acts, Presidential Decrees, executive orders, rules and
regulations or parts thereof which are inconsistent with the
provisions of this Decree are hereby repealed, amended or
modi ed accordingly.
Section 7
Effectivity. —
This Decree shall take effect immediately.
*****************************************
PRES. DECREE NO. 1152
PHILIPPINE
ENVIRONMENT CODE
WHEREAS, the broad spectrum of environment has become a
matter of vital concern to the government;
WHEREAS, it is necessary that the creation of the Council be
complemented with the launching of comprehensive program
of environmental protection and management.
WHEREAS, such a program can assume tangible and
meaningful signi cance only by establishing speci c
environment management policies and prescribing
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environment quality standards in a Philippine Environment
Code.
Section 1. Short Title. - This Decree shall be known and cited
as the "Philippine Environment Code."
TITLE I

Air Quality Management

Section 2. Purposes. - The purposes of this Title are:

a) to achieve and maintain such levels of air quality as to
protect public health and

b) to prevent to the greatest extent practicable, injury and/or
damage to plant and animal life and property, and promote the
social and economic development of

the country.
CHAPTER I

Standards

Section 3. Ambient Air Quality Standards. - There shall be
established ambient air quality standards which shall prescribe
the maximum concentration of air pollutants permissible in the
atmosphere consistent with public health, safety and general
welfare.

In the establishment of ambient air quality standards, factors
such as local atmospheric conditions, location and land use,
and available technology, shall be considered among others.
Section 4. National Emission Standards. - There shall be
established national emission standards for new and existing
stationary and mobile sources of pollution which shall consider
among others such factors as type of industry, practicable
control technology available, location and land use, and the
nature of pollutants emitted.
Section 5. Community Noise Standards. - Appropriate
standards for community noise levels shall be established
considering, among others, location, zoning and land use
classi cation.
Section 6. Standards for Noise-Producing Equipment. -
There shall be established a standard for noise-producing
equipment such as construction equipment, transportation
equipment, stationary engines, and electrical or electronic
equipment and such similar equipment or contrivances. The
standard shall set a limit on the acceptable level of noise
emitted from a given equipment for the protection of public
health and welfare, considering among others, the magnitude
and condition of use, the degree of noise reduction achievable
through the application of best available technology and the
cost of compliance. The installation of any noise-producing
equipment shall conform with the requirements of Presidential
Decree No. 1096 and other applicable laws as well as their
implementing rules and regulations.
Section 7. Aircraft Emission and Sonic Booms. -
Appropriate government agencies shall encourage research
studies on the harmful effects of aircraft emissions in the
environment in order to establish permissible emission
standards.

CHAPTER II

Regulation and Enforcement

Section 8. Air Quality and Noise Standards. - National
Pollution Control Commission in coordination with appropriate
government agencies shall be responsible for the enforcement
of ambient air quality emission and noise standards, including
the monitoring and surveillance of air pollutants, licensing and
 permitting of air pollution control facilities, and the waters, the National Pollution Control Commission shall take
promulgation of appropriate rules and regulations. into account, among others, the following:

a) the existing quality of the body of water at the time of
Existing air quality emission and noise standards may be classi cation;

revised and/or modi ed consistent with new development and b) the size , depth, surface area covered, volume, direction,
technology. rate of ow, gradient of

stream; and

Section 9. Aircraft Noise. - Community noise standards c) the most bene cial uses of said bodies of water and lands
around airports shall be implemented by the Civil Aeronautics bordering them such

Administration in coordination with the National Pollution as residential, agricultural, commercial, industrial, navigational,
Control Commission. recreational, and aesthetic purposes.

Section 16. Reclassi cation of Waters Based on Intended
Section 10. Vehicular Emissions. - The Land Transportation Bene cial Use. - Where the public interest so requires, the
Commission, shall implement emission standards for vehicles National Pollution Control Commission, in coordination with
and may deputize other appropriate law enforcement agencies appropriate government agencies, shall reclassify a body of
for the purpose. water based on the intended bene cial use and take such
steps as may be necessary to upgrade the quality of said
Section 11. Radioactive Emissions. - The release and water. Other government agencies may adopt higher
emission of radioactivity into the environment incident to the standards for a particular body of water, subject to the
establishment or possession of nuclear energy facilities and approval of the National Pollution Control Commission.
radioactive materials, handling, transport, production, storage, Section 17. Upgrading of Water Quality. - Where the quality
use and disposal of radio active materials shall be regulated of water has deteriorated to a degree where its state will
by the Philippine Atomic Energy Commission in coordination adversely affect its best usage, the government agencies
with other appropriate government agencies. concerned shall take such measures as may be necessary to
upgrade the quality of such water to meet the prescribed water
quality standards.
CHAPTER III
 Section 18. Water Quality Standards. - The National
Monitoring
 Pollution Control Commission shall prescribe quality and
Section 12. Air Quality Monitoring. - The National Pollution ef uent standards consistent with the guidelines set by the
Control Commission in coordination with appropriate National Environmental Protection Council and the
government agencies, shall establish to the greatest extent classi cation of waters prescribed in the preceding sections,
practicable an air quality monitoring network. Such air quality taking into consideration, among others, the following:
monitoring network shall put to maximum use the capabilities a) the standard of water quality or purity may vary according to
of these agencies.
 bene cial uses; and b) the technology relating to water
The National Environmental Protection Council shall be pollution control.
furnished with the results of air quality monitoring activities.
Section 13. Weather Modi cation. - The Philippine CHAPTER II

Atmospheric Geophysical and Astronomical Services Protection and Improvement of Water Quality

Administration shall monitor regularly meteorological factors Section 19. Enforcement and Coordination. - The
affecting environmental conditions in order to effectively guide production, utilization, storage and distribution of hazardous,
air pollution monitoring activities. Activities relating to weather toxic and other substances such as radioactive materials,
modi cation such as rainfall stimulation and storm seeding heavy metals, pesticides, fertilizers, and oils, and disposal,
experiments shall be undertaken in consultation or discharge and dumping of untreated wastewater, mine-tailings
coordination with the Philippine Atmospheric, Geophysical and and other substances that may pollute any body of water of
Astronomical Services Administration. the Philippines resulting from normal operations of industries,
water-borne sources, and other human activities, as well as
TITLE II
 those resulting from accidental spills and discharges shall be
Water Quality Management
 regulated by appropriate government agencies pursuant to
Section 14. Purpose. - It is the purpose of this Title to their respective charters and enabling legislation. In the
prescribe management guidelines aimed to protect and performance of the above functions, the government agencies
improve the quality of Philippine water resources through:
 concerned shall coordinate with the National Environmental
a) classi cation of Philippine waters,
 Protection Council and furnish the
b) establishment of water quality standards;
 latter with such information as may be necessary to enable it
c) protection and improvement of the quality of Philippine to attain its objectives under Presidential Decree No. 1121.
water resources, and
 Section 20. Clean-up Operations. - It shall be the
d) responsibilities for surveillance and mitigation of pollution responsibility of the polluter to contain, remove and clean-up
incidents. water pollution incidents at his own expense. In case of his
failure to do so, the government agencies concerned shall
CHAPTER I
 undertake containment, removal and clean-up operations and
Classi cation Standards
 expenses incurred in said operations shall be against the
Section 15. Classi cation of Philippine Waters. - The persons and/or entities responsible for such pollution.
National Pollution Control Commission, in coordination with Section 21. Water Quality Monitoring and Surveillance. -
appropriate government agencies, shall classify Philippine The various government agencies concerned with
waters, according to their best usage. In classifying said environmental protection shall establish to the greatest extent
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 practicable a water quality surveillance and monitoring TITLE IV

network with suf cient stations and sampling schedules to Natural Resources Management and Conservation

meet the needs of the country. Said water quality surveillance Section 25. Purposes. - The purposes of this Title are:

network shall put to maximum use the capabilities of such a) to provide the basics on the management and conservation
government agencies. Each agency involved in such network of the country's natural resources to obtain the optimum
shall report to the National Environment Protection Council the bene ts therefrom and to preserve the same for the future
results of these monitoring activities as the need arises. generations, and

PRIME-M4 Page 4 of 13 b) to provide general measures through which the aforesaid
policy may be carried out effectively.
TITLE III

Land Use Management
 CHAPTER I

Section 22. Purposes. - The purposes of this Title are:
 Fisheries and Aquatic Resources

a) to provide a rational, orderly and ef cient acquisition, Section 26. Management Policy. - The national government,
utilization and disposition of land and its resources in order to through the Department of Natural Resources, shall establish
derive therefrom maximum bene ts; and
 a system of rational exploitation of sheries and aquatic
b) to encourage the prudent use and conservation of land resources within the Philippine territory and shall encourage
resources in order to
 citizen participation therein to maintain and/or enhance the
prevent an imbalance between the nation's needs and such optimum and continuous productivity of the same.
resources. Section 27. Measures for Rational Exploitation. - Measures
Section 23. National Land Use Scheme. - The Human for the rational exploitation of sheries and other aquatic
Settlements Commission, in coordination with the appropriate resources may include, but shall not be limited to, the
agencies of the government, shall formulate and recommend following:

to the National Environmental Protection Council a land use a) undertaking manpower and expertise development;

scheme consistent with the purpose of this Title. b) acquiring the necessary facilities and equipment,
The Land Use Scheme shall include among others, the c) regulating the marketing of threatened species of sh or
following:
 other aquatic resources; d) reviewing all existing rules and
a) a science-based and technology-oriented land inventory regulations on the exploitation of sheries and aquatic
and classi cation system;
 resources with a view of formulating guidelines for the
b) a determination of present land uses, the extent to which systematic and effective enforcement thereof; and
they are utilized, under- utilized, rendered idle or abandoned;
 e) conserving the vanishing species of sh and aquatic
c) a comprehensive and accurate determination of the resources such as turtles,

adaptability of the land for community development, sea snakes, crocodiles, corals, as well as maintaining the
agriculture, industry, commerce, and other elds of endeavor;
 mangrove areas, marshes and inland areas, coral reef areas
d) a method of identi cation of areas where uncontrolled and islands serving as sanctuaries for sh and other aquatic
development could result in irreparable damage to important life.
historic, cultural, or aesthetic values, or nature systems or
processes of national signi cance;
 CHAPTER II

e) a method for exercising control by the appropriate Wildlife

government agencies over the use of land in area of critical Section 28. Management Policy. -- The national government,
environmental concern and areas impacted by public facilities through the Department of Natural Resources, shall establish
including, but not limited to, airports, highways, bridges, ports a system of rational exploitation and conservation of wildlife
and wharves, buildings and other infrastructure projects;
 resources and shall encourage citizen participation in the
f) a method to ensure the consideration of regional maintenance and/or enhancement of their continuous
development and land use in local regulations;
 productivity.
g) a policy for in uencing the location of new communities and Section 29. Measures for Rational Exploitation. - Measures
methods for assuring appropriate controls over the use of land for rational exploitation of wildlife resources may include, but
around new communities;
 shall not be limited to, the following:

h) a system of controls and regulations pertaining to areas and a) regulating the marketing of threatened wildlife resources;

development activities designed to ensure that any source of b) reviewing all existing rules and regulations on the
pollution will not be located where it would result in a violation exploitation of wildlife
of any applicable environmental pollution control regulations, resources with a view of formulating guidelines for the
and
 systematic and effective

i) a recommended method for the periodic revisions and enforcement thereof; and

updating of the national land use scheme to meet changing c) conserving the threatened species of fauna, increasing their
conditions. rate of production,

Section 24. Location of Industries. - In the location of maintaining their original habitat, habitat manipulation,
industries, factories, plants, depots and similar industrial determining bag/cree limits, population control in relation to
establishments, the regulating or enforcing agencies of the the carrying capacity of any given area, banning of
government shall take into consideration the social, economic, indiscriminate and/or destructive means of catching or hunting
geographical and signi cant environmental impact of said them.
establishment.
PRIME-M4 Page 5 of 13 CHAPTER III

Forestry and Soil Conservation

Section 30. Management Policy for Forestry. - The national
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 government, through the Department of Natural Resources, conservation and the application of knowledge thereby
shall undertake a system of rational exploitation of forest acquired.
resources and shall encourage citizen participation therein to Section 35. Measures to Mitigate Destructive Effects of
keep the country's forest resources at maximum productivity at Calamities. - The national government, through the Philippine
all times. Atmospheric, Geophysical and Astronomical Services
Section 31. Measures for Rational Exploitation of Forest Administration, shall promote intensi ed and concerted
Resources. - Measures for the rational exploitation of forest research efforts on weather modi cation, typhoon, earthquake,
resources may include, but shall not be limited to the following:
 tsunami, storm surge, and other tropical natural phenomena in
a) regulating the marketing of threatened forest resources;
 order to bring about any signi cant effect to mitigate or prevent
b) reviewing all existing rules and regulations on the their destructive effects.
exploitation of forest resources
with a view of formulating guidelines for the systematic and CHAPTER V

ef cient enforcement
 Energy Development

thereof;
 Section 36. Policy. - Consistent with the environmental
c) conserving threatened species of ora as well as increasing protection policies, the national government, through the
their rate of
 Energy Development Board, shall undertake an energy
propagation; the banning of destructive modes of exploitation, development program encouraging therein the utilization of
kaingin, making or shifting cultivation, indiscriminate invariant sources such as solar, wind and tidal energy.
harvesting of minor forest products; the recycling methods of Section 37. Measures for Energy Development. - Measures
waste materials; and for energy development program may include, but shall not be
d) carrying out a continuing effort on reforestation, timber limited to, the following:

stand improvement, forest protection, land classi cation, forest a) setting up pilot plants utilizing invariant sources of energy;

occupancy management, agri-silviculture, range management, b) training of technical personnel for purposes of energy
agri-silvicultural/kaingin management, industrial tree development; and
plantation, parks and wildlife management, multiple use forest, c) concluding researches aimed at developing technology for
timber management and forest research. energy development.
Section 32. Management Policy on Soil Conservation. - Section 38. Safety Measures on Energy Development. -
The national government, through the Department of Natural Rules and regulations shall be promulgated to prevent or
Resources and the Department of Agriculture, shall likewise mitigate the adverse effects of energy development on the
undertake a soil conservation program including therein the environment. For this purpose, all nuclear powered plants and
identi cation and protection of critical watershed areas, plants exploring and utilizing geothermal energy, whether
encouragement of scienti c farming techniques, physical and owned or controlled by private or government entities shall:
biological means of soil conservation, and short-term and a) observe internationally accepted standards of safety: and

long-term researches and technology for effective soil b) provide safety devices to ensure the health and welfare of
conservation. their personnel as well as the surrounding community.
Section 33. Use of Fertilizers and Pesticides. - The use of
fertilizers and pesticides in agriculture shall be regulated, CHAPTER VI

prescribing therefor a tolerance level in their use. Their use Conservation and Utilization of Surface Ground Waters

shall be monitored by appropriate government agencies to Section 39. Management Policy. - In addition to existing
provide empirical data for effective regulation. laws, the national government through the National Water
Resources Council in coordination with other appropriate
CHAPTER IV
 government agencies, shall prescribe measures for the
Flood Control and Natural Calamities
 conservation and improvement of the quality of Philippine
Section 34. Measures in Flood Control Program. - In addition water resources and provide for the prevention, control and
to the pertinent provisions of existing laws, the following shall abatement of water pollution.
be included in a soil erosion, sediment and ood control
program:
 CHAPTER VII

a) the control of soil erosion on the banks of rivers, the shores Mineral Resources

or Lakes, and the sea-shores;
 Section 40. Management Policy. - The national government,
b) the control of ow and ooding in and from rivers and lakes;
 through the Department of Natural Resources, shall undertake
c) the conservation of water which, for purposes of this a system of gainful exploitation and rational and ef cient
Section shall mean forms of
 utilization of mineral resources and shall encourage citizen
water, but shall not include captive water;
 participation in this endeavor.
d) the needs of sheries and wildlife and all other recreational Section 41. Measure for Exploitation and Utilization of
uses of natural
 Mineral Resources. - Measure for the gainful exploitation and
water;
 rational and ef cient utilization of such mineral resources may
e) measures to control the damming, diversion, taking, and include, but shall not be limited to, the following:

use of natural water, so
 a) increasing research and development in mineral resources
far as any such act may affect the quality and availability of technology;
natural water for
 b) training of additional technical manpower needed in
other purposes; and
 geology, geophysics, mining engineering, and related elds;

f) measures to stimulate research in matters relating to natural c) regulating the exploitation of identi ed mineral reserves;

water and soil

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 d) accelerating the exploitation of undiscovered mineral may operate or propose to operate one or more sanitary
deposits; and land lls. Any entity proposing to operate a sanitary land ll shall
e) encouraging the establishment of processing plants for submit to the appropriate government agency an operational
re ned metal. work plan showing, among other things, a map of the
proposed work location, disposal areas for rubbish, garbage,
TITLE V refuse and other waste matter; and the equipment or
Waste Management
 machinery needed to accomplish its operations. In no case
Section 42. Purposes. - The purposes of this Title are:
 shall land ll or work locations under this Section be located
a) to set guidelines for waste management with a view to along any shore or coast- line, or along the banks of rivers and
ensuring its effectiveness;
 streams, lakes, throughout their entire length, in violation of
b) to encourage, promote and stimulate technological, any existing rules and regulations.
educational, economic and
 Section 47. Incineration and Composting Plants. - The
social efforts to prevent environmental damage and installation and establishment of incineration or composting
unnecessary loss of valuable resources of the nation through plants, or the alternation/modi cation of any part thereof shall
recovery, recycling and re-use of wastes and waste products; be
and
 regulated by the local governments concerned in coordination
c) to provide measures to guide and encourage appropriate with the National Pollution Control Commission.

government agencies in establishing sound, ef cient, Disposal Sites. - The location of solid waste disposal sites
comprehensive and effective waste management.
 shall conform with existing zoning, land use standards, and
PRIME-M4
 pollution control regulations.
Page 9 of 13 Section 49. Dumping into the Sea and Other Navigable
Waters. - The dumping or disposal of solid wastes into the sea
CHAPTER I
 and any body of water in the Philippines, including shore-lines
Enforcement and Guidelines
 and river banks, where the wastes are likely to be washed into
Section 43. Waste Management Programs. - Preparation the water is prohibited. However, dumping of solid wastes or
and implementation of waste management programs shall be other materials into the sea or any navigable waters shall be
required of all provinces, cities and municipalities. The permitted in case of immediate or imminent danger to life and
Department of Local Government and Community property, subject to the rules and regulations of the Philippine
Development shall promulgate guidelines for the formulation Coast Guard and the National Pollution Control Commission.
and establishment of waste management program.
 Government agencies and private entities which are
Every waste management program shall include the following:
 undertaking solid waste management programs shall make
a) an orderly system of operation consistent with the needs of consultations with the government agencies concerned with
the area concerned;
 respect to the effects of such dumping to the marine
b) a provision that the operation will not create pollution of any environment and navigation.
kind or will constitute

public nuisance;
 CHAPTER III

c) a system for a safe and sanitary disposal of waste;
 Methods of Liquid Waste Disposal

d) a provision that existing plans affecting the development, Section 50. Liquid Waste Disposal. - Wastewater from
use and protection of
 manufacturing plants, industries, community, or domestic
air, water or natural resources shall be considered;
 sources shall be treated either physically, biologically or
e) schedules and methods of implementing the development, chemically prior to disposal in accordance with the rules and
construction and
 regulations promulgated by proper government authority.
operation of the plan together with the estimated costs; and
 Section 51. Applicability of Section 49. - The provisions of
f) a provision for the periodic revision of the program to ensure Section 49 hereof shall likewise apply to the dumping or
its effective
 disposal of liquid waste into the sea and other bodies of water.
implementation.

Section 44. Responsibility of Local Government. - Each TITLE VI

province, city or municipality shall provide measures to *Miscellaneous Provisions

facilitate collection, transportation, processing and disposal of Section 52. Population-Environment Balance. - In the
waste within its jurisdiction in coordination with other assessment of development projects, the National
government agencies concerned. For this purpose, the Environmental Protection Council, hereinafter referred to in
national government shall provide the necessary subsidy to this Title as the Council, shall take into consideration their
local governments upon request made through the National effect on population with a view to achieving a rational and
Environmental Protection Council and subject to such terms orderly balance between man and his environment.

and conditions as the latter may provide. Section 53. Environmental Education. - The Department of
Education and Culture shall integrate subjects on
CHAPTER II
 environmental education in its school curricula at all levels. It
Methods of Solid Waste Disposal
 shall also endeavor to conduct special community education
Section 45. Solid Waste Disposal. - Solid waste disposal emphasizing the relationship of man and nature as well as
shall be by sanitary land ll, incineration, composting, and environmental sanitation and practices.
other methods as may be approved by competent government The Council and other government agencies implementing
authority. environmental protection laws in coordination with public
Section 46. Sanitary Land lls. - Local governments, information agencies of the government shall undertake public
including private individuals, corporations or organizations
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 information activities for the purpose of stimulating awareness
and encouraging involvement in environmental protection.
Section 54. Environmental Research. - The Council shall
undertake and/or promote continuing studies and research
programs on environmental management and shall, from time
to time, determine priority areas of environmental research.
Section 55. Monitoring and Dissemination of
Environmental Information of Foreign Origin. - The Council
shall keep itself informed of current environmental
developments by
obtaining information and literature from foreign sources
through the Department of Foreign Affairs, government
agencies and other entities, both domestic and foreign. Such
information and literature shall be given the widest
dissemination possible.
Section 56. Incentives. - To operate the installation and
the utilization of pollution control facilities, the following
incentives are hereby granted:
 from a known source.
a) exemption to the extent of fty (50) percent of tariff duties
and compensating tax for importation of pollution control
equipment, devices, spare parts and accessories for a period
of ve (5) years from the effectivity of this Decree subject to
the conditions that will be imposed by the Council;
b) a tax credit equivalent of fty (50) percent of the value of the
compensating tax and tariff duties that would have been paid
on the pollution control equipment, devices, spare parts and
accessories had these items been imported shall, within a
period of seven (7) years from the effectivity of this effectivity
of this Decree, be given to the person or rm who or which
purchases them from a domestic manufacturer, and another
tax credit equivalent to twenty- ve (25) per cent thereof shall
be given to the said manufacturer subject to such conditions
as may be imposed by the Council; and
c) deductions equivalent to fty (50) per cent of the expenses
actually incurred on research projects undertaken to develop
technologies for the manufacture of pollution control
equivalent which have been proven effective and commercially
reproducible, from the taxable income of the person or rm
actually undertaking such projects subject to the conditions
that may be imposed by the Council.
The pollution control equipment, devices, spare parts and
accessories acquired under this Section shall not be sold,
transferred or disposed within ve (5) years from the date of
acquisition without the prior approval of the Council otherwise
the importer or purchaser shall pay twice the amount of the tax
exemption or tax credit granted.
Section 57. Financial Assistance/Grant. - Financial
assistance/grant for the study, design and construction of
environmental protection facilities especially for waste disposal
in favor of cities, municipalities, small and medium scale
industries may be granted on case-to-case basis subject to
such conditions as may be imposed by the Council.
Participation of Local Government Units and Private
Individuals. - It shall be the responsibility of local government
units as well as private individuals to actively participate in the
environmental management and protection programs of the
government.
Section 59. Preservation of Historic and Cultural
Resources and Heritage. - It shall be the duty of every
person to help preserve the historic and cultural resources of
the country such as sites, structures, artifacts, documents,
objects, memorials and priceless trees.
Section 60. Government Of ces Performing
Environmental Protection Functions. -
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Government agencies vested by laws to exercise
environmental management powers, shall continue to function
as such within their respective jurisdictions.

PRIME-M4 Page 12 of 13
The Council may, however, in the exercise of its powers and
functions under Presidential Decree No. 1121, inquire into any
action or issue of environmental signi cance.
Section 61. Public Hearings. - The Council may, whenever it
deems necessary, conduct public hearings on issues of
environmental signi cance.

De nition of Terms. - As used in this Code.

a) "Ambient Air Quality" means the average atmospheric purity
as distinguished from discharge measurements taken at the
source of pollution. It is the general amount of pollution
present in a broad area.
b) "Emission" means the act of passing into the atmosphere
an air contaminant, pollutant, gas stream and unwanted sound


c) "Water Quality" means the characteristics of water which
de ne its use in terms of physical, chemical and biological
contents;
TITLE VII

Final Provisions

Section 63. Separability of Provisions. - If any provision of
this Code, or the application of such provisions to any person
or circumstance, is declared unconstitutional, the remainder of
the Code or the application of such provisions to other persons
or circumstances shall not be affected by such declaration.
Section 64. Effectivity. - This Code shall take effect upon its
approval. Done in the City of Manila, this 6th day of June in
the year of Our Lord, nineteen

hundred and seventy-seven.
Philippine Constitution
(1987)
Preamble
We, the sovereign Filipino people, imploring the aid of
Almighty God, in order to build a just and humane society and
establish a Government that shall embody our ideals and
aspirations, promote the common good, conserve and develop
our patrimony, and secure to ourselves and our posterity the
blessings of independence and democracy under the rule of
law and a regime of truth, justice, freedom, love, equality, and
peace, do ordain and promulgate this Constitution.
ARTICLE l NATIONAL TERRITORY
The national territory comprises the Philippine archipelago,
with all the islands and waters embraced therein, and all other
territories over which the Philippines has sovereignty or
jurisdiction, consisting of its terrestrial, uvial and aerial
domains, including its territorial sea, the seabed, the subsoil,
the insular shelves, and other submarine areas. The waters
around between, connecting the islands of the archipelago,
regardless of their breadth and dimensions, from part of the
internal waters of the Philippines.
SECTION 15. The State shall protect and promote the right to
health of the people and instill health consciousness among
them.
SEC 16.
The State shall protect and advance the right of the people to
a balanced and healthful ecology in accord with the rhythm
and harmony of nature.
BROWN LEGISLATION -
GREEN LEGISLATION - pollution laws; chemical legislations;
renewable energy laws like solar and wind energy
ROLE OF
ENVIRONMENTAL
INSTITUTIONS IN
ENVIRONMENTAL
ADMINISTRATION
Department of Environment
& Natural Resources (DENR)
and Regional Of ces;
The Department is the primary agency responsible for the
conservation, management, development, and proper use of
the country’s environment and natural resources, speci cally
forest and grazing lands, mineral resources, including those in
reservation and watershed areas, and lands of the public
domain
Environmental Management
Bureau (EMB)
The EMB is mandated to implement the following national
environmental laws: Presidential Decree 1586 (Environmental
Impact Statement System)
The Environment Impact Assessment System was formally
established in 1978 with the enactment of Presidential Decree
no. 1586 to facilitate the attainment and maintenance of
rational and orderly balance between socio-economic
development and environmental protection. EIA is a planning
and management tool that will help government, decision
makers, the proponents and the affected community address
the negative consequences or risks on the environment. The
process assures implementation of environment-friendly
projects.
The law aims to regulate restrict or prohibit the importation,
manufacture, processing, sale, distribution, use and disposal
of chemical substances and mixtures the present
unreasonable risk to human health. It likewise prohibits 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.
• Republic Act 8749 (Clean Air Act of 1999)
• The law aims to achieve and maintain clean air
that meets the National Air Quality guideline values
for criteria pollutants, throughout the Philippines,
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while minimizing the possible associated impacts
to the economy.
• Republic Act 9003 (Ecological Solid Waste
Management Act of 2000)
• In partnership with stakeholders, the law aims to
adopt a systematic, comprehensive and ecological
solid waste management program that shall ensure
the protection of public health and environment.
The law ensures proper segregation, collection,
storage, treatment and disposal of solid waste
through the formulation and adaptation of best eco-
waste products.
• Republic Act 9275 (Philippine Clean Water Act of
2004)
• The law aims to protect the country's water bodies
from pollution from land-based sources (industries
and commercial establishments, agriculture and
community/household activities). It provides for
comprehensive and integrated strategy to prevent
and minimize pollution through a multi-sectoral and
participatory approach involving all the
stakeholders.
• Republic Act 9512 (Environmental Awareness and
Education Act of 2008)
This Act provides for the promotion of environmental
awareness through environmental education which shall
encompass environmental concepts and principles,
environmental laws, the state of international and local
environment, local environmental best practices, the threats of
environmental degradation and its impact on human well-
being, the responsibility of the citizenry to the environment and
the value of conservation, protection and rehabilitation of
natural resources and the environment.The Department of
Education, the Commission on Higher Education, the
Technical Education and Skills Development Authority, the
Department of Social Welfare and Development, in
coordination with the Department of Environment and Natural
Resources, the Department of Science and Technology and
other relevant agencies shall be responsible for implementing
public education and awareness programs on environmental
protection and conservation
Under E.O. 192, EMB is mandated to provide research and
laboratory services; and serve as secretariat in the
adjudication of pollution cases.
Under EO 320, EMB is designated as the secretariat of the
Designated National Authority for CDM of the Kyoto Protocol
to the United Nations Framework Convention on Climate
Change
INTERNATIONAL COMMITMENTS
• Vienna Convention for the Protection of Ozone
Layer
• Montreal Protocol on the Protection of the Ozone
Layer
• United Nations Framework Convention on Climate
Change and the Kyoto Protocol
• Stockholm Convention on Persistent Organic
Pollutants
• Basel Convention on the Control of Transboundary
Movement of Hazardous 

Wastes and their Disposal
 • Rotterdam Convention on the Prior Informed
Consent Procedure for Certain 
 achieving national economic and social development
Hazardous Chemicals and Pesticides in
International Use
• Other International Commitments 
 5.
FUNCTIONS
– Advise the Secretary on matters relating to Environmental
Management
– Formulate plans and policies and set appropriate
environmental quality standards (Water, Air And Noise) for the
prevention, control of pollution and protection of the
environment
– Exercise direct supervision over its regional of ces in the
implementation of plans and programs. The central and
regional of ces of the bureau discharge both staff and
regulatory functions
Issue permits, clearances Under RA 8749, RA 9003, RA
9275, RA 6969 and PD 1586 and monitor compliance to said
laws
– Provide secretariat support to the pollution adjudication
board per EO 192
– Provide secretariat support to the National Solid Waste
Management Commission as provided for in Section 4 of Ra
9003
– Develop and implement a research and development
program in support of the following:
 Environmental And Compliance Monitoring; And 
 assisted by an Assistant Director shall advise the Secretary on
 Study of existing and potential environmental problems
and issues 
 limited to:
– Implement a system for the recognition of environmental
laboratories
– Promote public information and education to encourage
participation of an informed citizenry in environmental quality
planning and monitoring.
– Serve as focal point agency for international agreements/
commitments
Forest Management Bureau
(FMB)
The Department is the primary government agency
responsible for conservation, management, development and
proper use of the country's environment and natural
resources, speci cally forest and grazing lands, mineral
resources, including those in reservation nd watershed areas,
and lands of public domain. as well as the licensing and
regulation of all natural resources as may be provided for by
law in order to ensure equitable sharing of the bene ts derived
therefrom for the welfate of the present and future generations
of Filipinos.
To accomplish this mandate, the Department shall be guided
by the following objectives:
1. Assure the availability and sustainability of the
country's natural resources through judicious use and
systematic restoration or replacement, whenever
possible
2. Increase the productivity of natural resources in order
to meet the demands for forest mineral and land
resources of a growing populations.
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3. Enhance the contribution of natural resources for
4. Promote equitable access to natural resources by the
different sectors of the population; and
Conserve speci c terrestrial and marine areas
representative of the Philippine natural and cultural
heritage for present and future generations. 

The Forest Management Bureau of the Department of
Environment and Natural Resources provides technical
guidance to the central and eld of ces for the effective
protection, development, and conservation of forestlands and
watersheds. It shall recommend policies and programs
towards the achievement of sustainable forest management,
based on science and principles of good forest governance.
Lands management Bureau
(LMB)
MANDATE
Lands Management Bureau- There is hereby created the
Lands Management Bureau which shall absorb functions and
powers of the Bureau of Lands except those line functions and
powers which are transferred to the regional eld of ce. The
Lands Management Bureau to be headed by a Director and
matters pertaining to rational land classi cation management
and disposition and shall have the following functions, but not
• Recommend policies and programs for the
ef cient and effective administration, surveys,
management and disposition of alienable and
disposable lands of the public domain and
other lands outside the responsibilities of other
government agencies; such as reclaimed areas
and other areas not needed for or are not being
utilized for the purposes for which they have
been established;
•  Advise the Regional Of ces on the ef cient and
effective implementation of policies, programs and
projects for more effective public lands
management;
•  Assist in the monitoring and evaluation of land
surveys, management and disposition of lands to
ensure ef ciency and effectiveness thereof;
•  Issue standards, guidelines, regulations and
orders to enforce policies for the maximization of
land use and development;
•  Develop operating standards and procedures to
enhance the Bureau's objectives and functions;
•  Assist the Secretary as Executive Of cer charged
with carrying out the provisions of the Public Land
Act (C.A. 141, as amended), who shall have direct
executive control of the survey, classi cation,
lease, sale or any other forms of concessions or
disposition and management of the lands of the
public domain;
•  Perform other functions as may be assigned by
the Secretary and/or provided by law. 


Bureau of Mines and
Geosciences (BMG)
The Mines and Geosciences Bureau, as steward of the
country's mineral resources, is committed to the promotion of
sustainable mineral resources development, aware of its
contribution to national economic growth and countryside
community development. It fully recognizes that the
development of a responsive policy framework in partnership
with stakeholders to govern mineral exploration, mining and
investment decisions and an effective institutional structure,
are fundamental requisites for the sustainable utilization of the
country's mineral resources. It is adherent to the promotion of
geological studies as an integral element of socio-economic
development, environmental protection and human safety. Yet,
it is sensitive to the known environmental impacts of mining
and the need for restoration and rehabilitation of mining-
affected areas and the development and adoption of
environmental and geoscienti c technologies.
Biodiversity Management
Bureau (BMB)
•  Establishing and Managing Protected Areas
• Conserving Wildlife
• Promoting and Institutionalizing Ecotourism
• Managing Coastal Biodiversity and Wetlands
Ecosystems
• Conserving Caves and Cave Resources
• Information and Education on Biodiversity and
Nature Conservation
• Managing Ninoy Aquino Parks and Wildlife Center
• Negotiating biodiversity-related Multilateral
Environmental Agreements and 

Monitoring National Implementation 

Ecosystem Research and
Development Bureau (ERDB)
The Ecosystems Research and Development Bureau (ERDB)
is the principal research and development (R & D) unit of the
Department of Environment and Natural Resources (DENR).
Its R & D and extension activities are focused on the ve
major ecosystems of the Philippines which include forests,
upland farms, grassland and degraded areas, coastal zone
and freshwater, and urban areas.
ERDB Main Of ce Functions
• formulates, implements,coordinates and evaluated
integrated research, development and extension
agenda/programs on environment and natural
resources (ENR) and other related cross-cutting
concerns to address the needs of the various
sectors in support of the thrusts and programs of
the Department;
• conduct basic researches and develop standards,
protocol and science-based technologies to
address the needs o the different DENR Bureaus,
end-users and stakeholders;
• provide technical assistance by developing and
maintaining networks and linkages with DENR
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bureaus and of ces, local and international
institutions, other stakeholders and civil society;
•
and
perform other functions that may be assigned by
higher authorities. 

DEPARTMENTS WORKING WITH DENR:
DeDepartment of Health (DOH)

Department of Agriculture (DA)

Department of Education, Culture and Sports (DECS)
Department of Tourism (DOT)

Department of Trade and Industry (DTI)
Department of Public Works and Highways (DPWH)
Philippine national Police (PNP)

Department of Interior and Local Governments (DILG) -
enforcement - works with the local gov’t unit
Philippine Atmospheric, Geophysical and Astronomical
Services Administration (PAG-ASA), etc. - weather
POLLUTION ADJUDICATION
BOARD (PAB)
The Pollution Adjudication Board (PAB) is a quasi-judicial body
created under Section 19 of Executive Order (E.O.) 192 for
the adjudication of pollution cases. The Pollution Adjudication
Board is created under the Office of the Secretary. The
Board shall be composed of the Secretary as the Chairman,
Two (2) Undersecretaries as may be designated by the
Secretary, the Director of the Environmental Management
Bureau (EMB), the Three (3) others to be designated by the
Secretary as members.
Ex Parte Closure Order - closing a factory without the
presence of the owners of the factory
The Board shall assume the powers and functions of the
Commission/ Commissioners of the National Pollution Control
Commission (NPCC) with respect to the adjudication of
pollution cases under Republic Act 3931 and Presidental
Decree 984. The PAB is organizationally under the supervision
of the Office of the Secretary of the Department of
Environment and Natural Resources (the DENR) with
Secretariat support provided by the Environmental
Management Bureau (EMB). Power and function maybe
delegated to the DENR Regional Officers in accordance with
rules and regulations of the Board
(EO 192 (1987) -
THE REORGANIZATION OF THE DEPARTMENT OF
ENVIRONMENT, ENERGY AND NATURAL RESOURCES,
RENAMING IT AS THE DEPARTMENT OF ENVIRONMENT
A N D N AT U R A L R E S O U R C E S , A N D F O R O T H E R
PURPOSES
SECTION 2. Reorganization. The Department of Environment,
Energy and Natural Resources is hereby reorganized
structurally and functionally and renamed as the Department
of Environment and Natural Resources, hereinafter referred to
as Department, in accordance with the provisions of this
Executive Order.

SECTION 4. Mandate. The Department shall be the primary
government agency responsible for the conservation,
management, development and proper use of the country’s
environment and natural resources
SECTION 5. Powers and Functions. To accomplish its
mandate, the Department shall have the following powers and
functions:
(a) Advise the President on the enactment of laws relative to
the development, use, regulation, and conservation of the
country’s natural resources and the control of pollution;
(b) Formulate, implement, and supervise the government’s
policies, plans and programs pertaining to the management,
conservation, development, use and replenishment of the
country’s natural resources;
(c) Promulgate rules and regulations in accordance with law
governing the exploration, development, conservation,
extraction, disposition, use and such other commercial
activities tending to cause the depletion and degradation of
our natural resources;
(d) Exercise supervision and control over forest lands,
alienable and disposable lands, and mineral resources and in
the process of exercising such control the Department shall
impose appropriate payments, fees, charges, rentals and any
such form of levy and collect such revenues for the
exploration, development, utilization or gathering of such
resources;
(e) Undertake exploration, assessment, classi cation and
inventory of the country’s natural resources using ground
surveys, remote sensing and complementary technologies;
(f) Promote proper and mutual consultation with the private
sector involving natural resources development, use and
conservation;
(g) Undertake geological surveys of the whole country
including its territorial waters
CASE: PAB vs CA & Solar
Textile Manufacturing Corp.
()About PAB ex Parte Order)
FACTS: On September 22, 1988, the Pollution Adjudication
Board (PAB) issued an ex parte Order (one that is made
without the other party being made aware of it) directing Solar
Textile Finishing Corporation to immediately cease and desist
from utilizing its wastewater pollution source installations. It
was alleged that they were discharging untreated wastewater
directly into a canal leading to the Tullahan-Tinejeros River. It
was concluded that they were in violation of Section 8 of the
said law which prohibits, among others, the drainage into any
of the water, air and/or land resources of the Philippines any
matter that shall cause pollution.
ISSUE: Whether or not the Board may issue an immediate
cease and desist ex parte order against Solar Text
Manufacturing Corp.
RULING: Yes. Section 7(a) of PD 984 authorized petitioner
Board to issue ex parte cease and desist orders whenever:
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(a) the wastes discharged by an establishment pose an
“immediate threat to life, public health, safety or welfare, or to
animal or plant life,” or
(b) such discharges or wastes exceed “the allowable
standards set by them.”
CASE: PRINCIPE VS. FACT
FINDING AND
INTELLIGENCE BUREAU
(about the structure of
DENR)
Facts:
Philjas Corporation, whose primary purposes, among others
are: to own, develop, subdivide, market and provide low-cost
housing for the poor, was registered with the Securities and
Exchange Commission (SEC).
City Mayor Garcia, endorsed to the Housing and Land Use
Regulatory Board (HLURB) the proposed CHS (Cherry Hills
Subdivision).
On the favorable recommendation of Mayor Garcia,
respondent TAN, issued the Preliminary Approval and
Locational Clearance (PALC) for the development of CHS.
Three (3) days thereafter... respondent JASARENO, allowed/
granted the leveling/earth-moving operations of the
development project of the area.
Eventually... respondent POLLISCO issued Small Scale
Mining Permit (SSMP) to Philjas to extract and remove 10,000
cu. meters of lling materials from the area where the CHS is
located.
Respondent MAGNO, informed:
Philjas that CHS is within the EIS System and as such must
secure ECC from the DENR.  Philjas was accordingly
informed of the matter such that it applied for the issuance of
ECC from the DENR Philjas application for ECC was
approved by respondent PRINCIPE, then Regional Executive
Director, DENR "Records further disclosed that the respondent
BALICAS monitored the implementation of the CHS Project
Development to check compliance with the terms and
conditions in the ECC.  Again, 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 inspection was the last one conducted by the
DENR. On 1999, the Ombudsman rendered a decision nding
petitioner Principe administratively liable for gross neglect of
duty and imposing upon him the penalty of dismissal from
of ce.
Issues: monitoring compliance if the subd. Prinsepe, the
regional executive director of region3, is responsible for not
monitoring the compliance of the subd. for the requirements of
the ECC.
 Ruling: the court held that Mr. Principe is not the one in
charge of monitoring of the Subd. but it is the Regional
Technical Director for the Environment who should be
responsible.
In the absence of substantial evidence of gross neglect of
petitioner, administrative liability could not be based on the
principle of command responsibility
LAGUNA LAKE AUTHORITY
RA 4580
Is one of the attached agencies of the Department of
Environment and Natural Resources (DENR), is responsible
for the preservation, development, and sustainability of
Laguna de Bay (Laguna Lake) and its 21 major tributary rivers.
The Laguna Lake Development Authority was created by
virtue of Republic Act No. 4850 (as amended by Presidential
Decree No. 813)
Since 1993, the LLDA has been attached to the DENR
pursuant to Executive Order No. 149 for administrative
supervision and policy alignment.
Programs
• Environmental User's Fee
• Shoreland Management
• Implementation of the Zoning and Management
Plan (ZOMAP)
• River Rehabilitation
Environmental Management Program
LLDA puts into action systems and programs such as
Environmental User Fee System (EUFS), Public Disclosure
Program (PDP), the Appropriation and Utilization of Surface
Waters (Surface Waters) for the management of the lake
waters and tributaries that ow into the Lake, to ensure their
proper use and maintenance for the sustainability of the
ecosystem.
The Environmental User Fee System
The agency implemented policies to curb the possibility of
stressing the lake’s assimilative capacity. The most recent
policy was the Environmental User Fee System (EUFS). The
EUFS was implemented by virtue of LLDA Board Resolution
22 in 1996. The objective of the policy was to “…(reduce) the
pollution loading in to the Laguna de Bay by enjoining all
discharges of liquid wastes to internalize the cost of
environmental degradation…”. Formally, the said board
resolution aptly de ned the EUFS as a “market–based” policy
instrument aimed at reducing the pollution loading in the lake.
As such, companies found to have unusually high
concentration of pollutants in their emissions, need to pay
nes or lake “user–fees”.
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EXEC. ORDER No. 927, s.
1983 BY PRES FERDINAND
MARCOS -
FURTHER DEFINING CERTAIN FUNCTIONS AND POWERS
OF THE LAGUNA LAKE

DEVELOPMENT AUTHORITY
WHEREAS:
• the land and the waters of the Laguna Lake Region
are limited natural resources requiring judicious
management for their optimal utilization to insure
renewability and to preserve the ecological
balance;
• the increasing pressure of urban growth and
development dictate the need for a more rational
allocation of the limited land and lake resources of
the region responsive to the demands of the
various bene cial users thereof;
• the competing options for the use of such
resources and con icting jurisdictions over such
uses are creating undue constraints on the
institutional capabilities of LLDA in the light of the
limited powers vested in it by its charter;
• for LLDA to effectively perform its role, a thorough
corporate reorganization aimed at: regrouping its
various units for better administrative control and
direction; expansion of its eld of ces;
strengthening of its linkages with other government
and private institutions; broadening of its nancial
base and revenue generations; and, enlarging its
prerogatives of monitoring, licensing and
enforcement, would be necessary.
SECTION 1. Reclassi cation. The Authority is hereby
classi ed among the industrial/area development group (Class
A) of corporations under Letter of Implementation No. 97 and
for this purpose the Authority is hereby granted authority to
modify its organization, providing for the creation of the
position of deputy general manager, upgrading the existing
divisions into departments to be headed by directors and
regrouping of these departments into of ces coordinated by
assistant general managers and creating other of ces its
Board may deem necessary and appropriate to achieve its
objectives and aims.
SECTION 2. Water Rights Over Laguna de Bay and Other
Bodies of Water within the Lake Region. To effectively regulate
and monitor activities in the Laguna de Bay region, the
Authority shall have exclusive jurisdiction to issue permit for
the use of all surface water for any projects or activities in or
affecting the said region including navigation, construction,
and operation of shpens, sh enclosures, sh corrals and the
like.
SECTION 4. Additional Powers and Functions. The Authority
shall have the following powers and functions:
a) Issue standards, rules and regulations to govern the
approval of plans and speci cations for sewage works and
industrial waste disposal system and the issuance of permits
in accordance with the provisions of this Executive Order;
inspect the construction and maintenance of sewage works
and industrial waste disposal systems for compliance to plans.
 b) Adopt, prescribe, and promulgate rules and regulations
governing the Procedures of the Authority with respect to
hearings, plans, speci cations, designs, and other data for
sewage works and industrial waste disposal system, the ling
of reports, the issuance of permits, and other rules and
regulations for the proper implementation and enforcement of
this Executive Order.
c) Issue orders or decisions to compel compliance with the
provisions of this Executive Order and its implementing rules
and regulations only after proper notice and hearing.
d) Make, alter or modify orders requiring the discontinuance of
population specifying the conditions and the time within which
such discontinuance must be accomplished.
e) Issue, renew, or deny permits, under such conditions as it
may determine to be reasonable, for the prevention and
abatement of pollution, for the discharge of sewage, industrial
waste, or for the installation or operation of sewage works and
industrial disposal system or parts
f) After due notice and hearing, the Authority may also revoke,
suspend or modify any permit issued under this Order
whenever the same is necessary to prevent or abate pollution.
g) Deputize in writing or request assistance of appropriate
government agencies or instrumentalities for the purpose of
enforcing this Executive Order and its implementing rules and
regulations and the orders and decisions of the Authority.
h) Authorize its representative to enter at all reasonable times
any property of the public dominion and private property
devoted to industrial, manufacturing, processing or
commercial use without doing damage, for the purpose of
inspecting and investigating conditions relating to pollution or
possible or imminent pollution.
i) Exercise such powers and perform such other functions as
may be necessary to carry out its duties and responsibilities
under this Executive Order.
CASE: Laguna Lake
Development Authority vs
CA (About LLA RA4580)
FACTS:
The Laguna Lake Development Authority (LLDA) was created
through Republic Act No. 4850. It was granted, exclusive
jurisdiction to issue permits for the use of all surface water for
any project or activity in or affecting the said region including
navigation, construction, and operation of shpens, sh
enclosures, sh corrals and the like.
Then came RA 7160, the Local Government Code of 1991.
The municipalities in the Laguna Lake region interpreted its
provisions to mean that the newly passed law gave municipal
governments the exclusive jurisdiction to issue shing
privileges within their municipal waters.
ISSUE:
Who should exercise jurisdiction over Laguna Lake and its
environs insofar as the issuance of permits for shing
privileges is concerned, the LLDA or the towns and
municipalities comprising the region?
HELD:
LLDA has jurisdiction over such matters because the charter
of the LLDA prevails over the Local Government Code of
1991. The said charter constitutes a special law, while the
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latter is a general law. It is basic in statutory construction that
the enactment of a later legislation which is a general law,
cannot be construed to have repealed a special law. The
special law is to be taken as an exception to the general law in
the absence of special circumstances forcing a contrary
conclusion.
In addition, the charter of the LLDA embodies a valid exercise
of police power for the purpose of protecting and developing
the Laguna Lake region, as opposed to the Local Government
Code, which grants powers to municipalities to issue shing
permits for revenue purposes.
Thus it has to be concluded that the charter of the LLDA
should prevail over the Local Government Code of 1991 on
matters affecting Laguna de Bay.
REPUBLIC ACT NO. 7611,
1992 - (An Act Adopting the
Strategic Plan for Palawan)
AN ACT ADOPTING THE STRATEGIC ENVIRONMENTAL
PLAN FOR PALAWAN, CREATING THE ADMINISTRATIVE
MACHINERY FOR ITS IMPLEMENTATION, CONVERTING
THE PALAWAN INTEGRATED AREA DEVELOPMENT
PROJECT OFFICE TO ITS SUPPORT STAFF, PROVIDING
FUNDS THEREFOR, AND FOR OTHER PURPOSES
SEC. 2. Declaration of Policy. – It is hereby declared the policy
of the State to protect, develop and conserve its natural
resources. Toward this end, it shall assist and support the
implementation of plans, programs, and projects formulated to
preserve and enhance the environment, and at the same time
pursue the socio-economic development goals of the country.
It shall support and promote the sustainable development
goals for the provinces through proper conservation,
utilization, and development of natural resources to provide
optimum yields on a continuing basis. With speci c reference
to forest resources, the State shall pursue and implement
forest conservation and protection through the imposition of a
total commercial logging ban as hereinafter provided.
It shall also adopt the necessary measures leading to the
creation of an institutional machinery including, among others,
scal and nancial programs to ensure the effective and
ef cient implementation of environmental plans, programs and
projects.
It shall also promote and encourage the involvement of all
sectors of society and maximize people participation in natural
resource management, conservation and protection.
ALFREDO TANO, et.al. v.
SALVADOR SOCRATES,
et.al. (About RA7611)

FACTS:
The City Council of Puerto Princesa, Palawan enacted
Ordinance No. 15-92 banning the shipment of all live sh and
lobster outside of the city for ve years. To implement the law,
 the Mayor issued an order to inspect on cargoes containing
live sh and lobster being shipped out from air and sea.
Thereafter, the Provincial Government of Palawan enacted
Resolution No. 33 and Ordinance No. 2 which prohibit the
catching, gathering, possessing, buying, selling and shipment
of live marine coral dwelling aquatic organisms for a period of
ve years.
The Petitioners, some of whom were criminally charged for
violating the ordinances as enacted, challenged the
ordinances on the ground that it deprived them of due process
of law, their livelihood, and unduly restricted them from the
practice of their trade.
 of identifying, predicting, evaluating and mitigating
ISSUE:
Whether or not the ordinances and resolution enacted the
local government of Puerto Princesa and the Provincial
Government of Palawan are valid exercise of police power.
RULING:
The Court ruled against the petitioners. The Local Government
Code provided under Section 16 that every local government
unit shall exercise the powers expressly granted or implied
therefrom for its ef cient and effective governance, and those
which are essential to the promotion of general welfare.
Included in the general welfare is to enhance the right of the
people to a balanced ecology. This is considered by the Court
as an explicit mandate that the local government units are
allowed to exercise its powers for the general welfare. One of
the devolved powers enumerated in the LGC is the
enforcement of shery laws in municipal waters which is
necessary.
In the present case, the Court see it clear that both
Ordinances have two principal objectives: (1) to establish a
“closed season” for covered aquatic animals for a period of
ve years, and (2) to protect coral in the marine waters from
further destruction. The accomplishment of the rst devolved
from shery laws such as P.D. No. 1015, while the second falls
within the general welfare clause of LGC to protect the
environment and impose appropriate penalties for acts which
endanger it. Hence, the local government units complied with
the law of exercising its police powers under the general
welfare clause.
DISPOSITIVE PORTION:
 procedural details in a manner consistent with the
Petition is DISMISSED for lack of merit.
ENVIRONMENT IMPACT
ASSESSMENT (EIA)
• is the assessment of the environmental
consequences of a plan, policy, program, or actual
projects prior to the decision to move forward with
the proposed action. In this context, the term
"environmental impact assessment" (EIA) is
usually used when applied to actual projects by
individuals or companies and the term "strategic
environmental assessment" (SEA) applies to
policies, plans and programmes most often
proposed by organs of state.It is a tool of
environmental management forming a part of
project approval and decision-making.[3]
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Environmental assessments may be governed by
rules of administrative procedure regarding public
participation and documentation of decision
making, and may be subject to judicial review.
• The purpose of the assessment is to ensure that
decision makers consider the environmental
impacts when deciding whether or not to proceed
with a project. The International Association for
Impact Assessment (IAIA) de nes an
environmental impact assessment as "the process
the biophysical, social, and other relevant effects of
development proposals prior to major decisions
being taken and commitments made.
• *EIA - assessment on the impact in the environment
by which a project will be setup.
• ENVIRONMENT IMPACT STATEMENT (EIS) -
documentation
• Environmental Compliance Certi cate (ECC) -
refers to the document issued by the DENR-EMB that
allows a proposed project to proceed to the next
stage of project planning
PRESIDENTIAL DECREE
1568
ESTABLISHING AN ENVIRONMENTAL IMPACT STATEMENT
S Y S T E M I N C L U D I N G O T H E R E N V I R O N M E N TA L
MANAGEMENT-RELATED MEASURES AND FOR OTHER
PURPOSES
WHEREAS:
• the pursuit of a comprehensive and integrated
environmental protection program necessitates the
establishment and institutionalization of a system
whereby the exigencies of socio-economic
undertakings can be reconciled with the
requirements of environmental quality;
• the regulatory requirements of the Environmental
Impact Statement and Assessment instituted in
pursuit of this national environmental protection
program have to work into their full regulatory and
goals of the program.
Section 1. Policy. - It is a declared the policy of the State to
attain and maintain a rational and orderly balance between
socio-economic growth and environmental protection.
Section 2. Environmental Impact Statement System. - There is
an established Environmental Impact Statement System
founded and based on the environmental impact statement
required, under Section 4 of Presidential Decree No. 1151, of
all agencies and instrumentalities of the national government,
including government-owned or controlled corporations, as
well as private corporations, rms and entities for every
proposed project and undertaking which signi cantly affect the
quality of the environment.
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 Environmental Protection Council, by proclamation
 declare certain projects, undertakings or areas in the country II. Resource Extractive Industries

as environmentally critical. a.Major mining and quarrying projects

b. Forestry projects

Section 6. Secretariat. - The National Environmental 1. Logging

Protection Council is hereby authorized to constitute the 2. Major wood processing projects

necessary secretariat which will administer the Environmental 3. Introduction of fauna (exotic-animals) in public/
Impact Statement System and undertake the processing and private forests 4. Forest occupancy

evaluation of environmental impact statement. 5.Extraction of mangrove products
6. Grazing

Section 8. Rules and Regulations. - The National c. Fishery Projects

Environmental Protection Council shall issue the necessary 1. Dikes for shpond development projects

rules and regulations to implement this Decree. For this III. Infrastructure Projects

purpose, the National Pollution Control Commission may be a. Major dams

availed of as one of its implementing arms, consistent with the b. Major power plants (fossil-fueled, nuclear fueled,
powers and responsibilities of the National Pollution Control hydroelectric or geothermal)

Commission as provided in P.D. No. 984. c. Major reclamation projects

d. Major roads and bridges.

B. Environmentally Critical Areas

PROCLAMATION NO. 1. All areas declared by law as national parks, watershed
reserves, wildlife preserves and sanctuaries;

2146 2. Areas set aside as aesthetic potential tourist spots;

3. Areas which constitute the habitat for any endangered or
PROCLAIMS CERTAIN AREAS AND TYPES OF PROJECTS
threatened species of indigenous Philippine Wildlife ( ora and
AS ENVIRONMENTALLY CRITICAL AND WITHIN THE
fauna);

SCOPE OF THE ENVIRONMENTAL IMPACT STATEMENT
4. Areas of unique historic, archaeological , or scienti c
SYSTEM ESTABLISHED UNDER PRESIDENTIAL DECREE
interests;

NO. 1586.
5. Areas which are traditionally occupied by cultural
communities or tribes;

WHEREAS:
• 6. Areas frequently visited and/or hard-hit by natural calamities
it is the national policy to attain and maintain a
geologic hazards, oods, typhoons, volcanic activity, etc.

rational and orderly balance between socio-
7. Areas with critical slopes;

economic growth and environmental conservation
8. Areas classi ed as prime agricultural lands;

and protection;

9. Recharged areas of aquifers;

there is an urgent need to bring about an intensive,
10. Water bodies characterized by one or any combination of
integrated program of environmental protection
the following conditions;;

through a requirement of environmental impact
a. tapped for domestic purposes;;

assessments and statements;
• b. within the controlled and/or protected areas declared by
the environmental impact statement system
appropriate authorities;

established under Presidential Decree No. 1586
c. which support wildlife and shery activities.

calls for the proper management of the
11. Mangrove areas characterized by one or any combination
environmentally critical area,

or the following:

the pursuit of a comprehensive and integrated
a. with primary pristine and dense young growth;

environmental protection program necessitates the
b. adjoining mouth of major river systems;

establishment and institutionalization of a system
c. near or adjacent to traditional productive fry or shing
whereby the exigencies of socio-economic
grounds;

undertakings can be reconciled with the
d. which act as natural buffers against shore erosion, strong
requirements of environmental protection and
winds and storm oods;

conservation;
• e. on which people are dependent for their livelihood.

the national leadership mandates the
12. Coral reef characterized by one or any
establishment of such a system to regulate and
combination of the following:

minimize the environmental impacts of projects
a. with 50% and above live coralline cover;

and undertakings which may signi cantly affect the
b. Spawning and nursery grounds for sh;

quality of the environment in Presidential Decree
c. Which act as natural breakwater of coastlines.

No. 1586, and
• This Proclamation shall take effect immediately.
in the effective implementation of such a system,
there arises the need to identify and declare
certain projects determined to be environmentally
critical.

*Environmentally Critical Projects:

I. Heavy Industries

a.Non-ferrous metal industries

b. Iron and steel mills

c.Petroleum and petro-chemical industries including oil
and gas d. Smelting plants

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 whether or not an Environmental Impact Assessment (EIA)
Case: Republic of the process is required to secure an Environmental Compliance
Certi cate (ECC)
Philippines v. City of HELD: The Court held NO.
Davao (About EIA and • The Court rst stated that under Section 15 of Republic Act
7160, otherwise known as the Local Government Code, which
ECC) de nes a local government unit as a body politic and corporate
endowed with powers to be exercised by it in conformity with
law.
FACTS: • As such, it performs dual functions, governmental and
• This is a petition for review on certiorari assailing the proprietary.
decision of the Regional Trial Court of Davao City, Branch 33, • Governmental functions are those that concern the health,
which granted the writ of mandamus and injunction in favor of safety and the
respondent, the City of Davao, and against petitioner, the advancement of the public good or welfare as affecting the
Republic, represented by the (DENR).
 public generally.
• The trial court also directed petitioner to issue a Certi cate of • Proprietary functions are those that seek to obtain special
Non-Coverage in favor of respondent corporate bene ts or earn pecuniary pro t and intended for
private advantage and bene t.
Antecedent facts:
• On August 11, 2000, respondent led an application for a • There were also arguments presupposed that a project, for
Certi cate of Non-Coverage (CNC) for its proposed project, which an Environmental Compliance Certi cate is necessary,
the Davao City Artica Sports Dome, with the Environmental is environmentally critical or within an environmentally critical
Management Bureau an environmentally critical area (ECA). area.
• The EMB Region XI denied the application after nding that
the proposed project was within an environmentally critical Lastly, the Court said it is very clear in Section 1 of that said
area. law intends to implement the policy of the state to achieve a
2, Presidential Decree No. 1586, otherwise known as the balance between socio-economic development and
Environmental Impact Statement System, in relation to Section environmental protection, which are the twin goals of
4 of Presidential Decree No. 1151, also known as the sustainable development.

Philippine Environment Policy, the City of Davao must undergo
the environmental impact assessment (EIA) process to secure • In the case at bar, respondent has suf ciently shown that the
an Environmental Compliance Certi cate (ECC), before it can Artica Sports Dome will not have a signi cant negative
proceed with the construction of its project. environmental impact because it is not an environmentally
• Believing that it was entitled to a Certi cate of Non- critical project and it is not located in an environmentally
Coverage, respondent led a petition for mandamus and critical area.
injunction with the Regional Trial Court of Davao,
• It alleged that its proposed project was neither an • The Artica Sports Dome in Langub does not come close to
environmentally critical project nor within an environmentally any of the projects or areas enumerated as environmentally
critical area; thus it was outside the scope of the EIS system critical and within the scope of the Environmental Impact
and claimed that it was the ministerial duty of the DENR, Statement System

through the EMB-Region XI, to issue a CNC in favor of Neither is it analogous to any of them.
respondent upon submission of the required documents. 

• Then the Regional Trial Court rendered judgment in favor of • Therefore, the said project is not classi ed as
respondent. environmentally critical, or within an environmentally critical
• The trial court ratiocinated that there is nothing in PD 1586, area.
in relation to PD 1151 and Letter of Instruction No. 1179
(prescribing guidelines for compliance with the EIA system), The instant petition was DENIED. The decision of the Regional
which requires local government units (LGUs) to comply with Trial Court of Davao City granting the writ of mandamus and
the EIS law. directing the DENR to issue in favor of the City of Davao a
• RTC stated that A local government unit, not being an Certi cate of Non-Coverage, pursuant to PD No. 1586 and
agency of the National Government, is deemed excluded related laws, in connection with the construction of the Artica
under the principle of expressio unius est exclusio alterius Sports Dome, was AFFIRMED.
which means the express mention of one or more things of a
particular class may be regarded as impliedly excluding
others.
• that the site for the Artica Sports Dome was not within an
environmentally critical area. Neither was the project an
environmentally critical one. It, therefore, becomes mandatory
CASE: Bangus Fry
for the DENR, through the EMB Region XI, to approve
respondent's application for CNC after it has satis ed all the
Fisherfolk VS Lanzanas
requirements for its issuance.
(About ECC)
ISSUE:
FACTS:
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 Regional Executive Director Antonio G. Principe ("RED Clearly, the Manila RTC has jurisdiction to determine the
Principe") of Region IV, Department of Environment and validity of the issuance of the ECC, although it could not issue
Natural Resources ("DENR"), issued an Environmental an injunctive writ against the DENR or NAPOCOR. However,
Clearance Certi cate ("ECC") in favor of respondent since the construction of the mooring facility could not proceed
National Power Corporation ("NAPOCOR"). The ECC without a valid ECC, the validity of the ECC remains the
authorized NAPOCOR to construct a temporary mooring determinative issue in resolving petitioners' complaint
facility in Minolo Cove, Sitio Minolo, Barangay San Isidro,
Puerto Galera, Oriental Mindoro. The Sangguniang Bayan _____________________________
of Puerto Galera has declared Minolo Cove, a mangrove
area and breeding ground for bangus fry, an eco-tourist
zone. CLEAN AIR ACT (RA
The mooring facility would serve as the temporary docking site
of NAPOCOR’s power barge, which, due to turbulent waters at
8749)
It outlines the government measures to REDUCE air
its former mooring site in Calapan, Oriental Mindoro, required pollution
relocation to a safer site like Minolo Cove. The 14.4
megawatts power barge would provide the main source of Section 2
power for the entire province of Oriental Mindoro pending the Declaration of Principles. —
construction of a land-based power plant in Calapan, Oriental The State shall:
Mindoro. The ECC for the mooring facility was valid for two ⁃ protect and advance the right of the people to a
years counted from its date of issuance or until 30 June 1999. balanced and healthful ecology in accord with the
Petitioners, claiming to be sherfolks from Minolo, San Isidro, rhythm and harmony of nature.
Puerto Galera, sought reconsideration of the ECC issuance. - promote and protect the global environment to attain
Petitioners led a complaint with the Regional Trial Court of sustainable development while recognizing the primary
Manila, Branch 7, for the cancellation of the ECC and for the responsibility of local government units to deal with
issuance of a writ of injunction to stop the construction of the environmental problems.
mooring facility. ⁃ recognizes that the responsibility of cleaning the
habitat and environment is primarily area-based.
Petitioners opposed the motion on the ground that there was ⁃ recognizes the principle that "polluters must pay".
no need to exhaust administrative remedies. They argued that ⁃ recognizes that a clean and healthy environment is for
the issuance of the ECC was in patent violation of Presidential the good of all and should therefore be the concern of
Decree No. 1605, 8 Sections 26 and 27 of Republic Act No. all.
7160, and the provisions of DENR Department Administrative
Order No. 96-37 ("DAO 96-37") on the documentation of ECC
applications. Petitioners also claimed that the implementation Mandates Government Agencies such as:
of the ECC was in patent violation of its terms. TC dismissed DENR
complaint. DOTC
DOST
ISSUE:
Whether the trial court erred in dismissing petitioners' Prohibited Acts:
complaint for lack of cause action and lack of jurisdiction. Burning - (Siga is allowed)
Smoking (in Public Places; Implemented by local government)
HELD: Fuel related acts
Jurisdiction over the subject matter of a case is conferred by
law. Such jurisdiction is determined by the allegations in the Coverage of Clean Air Act
complaint, irrespective of whether the plaintiff is entitled to all Pollution From:
or some of the reliefs sought. A perusal of the allegations in Stationary Sources
the complaint shows that petitioners' principal cause of action Motor vehicles
is the alleged illegality of the issuance of the ECC. The Other Sources
violation of laws on environmental protection and on local Noise Pollution (unwanted noise from a known source)
government participation in the implementation of
environmentally critical projects is an issue that involves the
validity of NAPOCOR's ECC. If the ECC is void, then as a
necessary consequence, NAPOCOR or the provincial
government of Oriental Mindoro could not construct the
Ecological Solid Waste
mooring facility. The subsidiary issue of non-compliance with
pertinent local ordinances in the construction of the mooring
Management Act (RA
facility becomes immaterial for purposes of granting
petitioners' main prayer, which is the annulment of the ECC. 9003)
Thus, if the court has jurisdiction to determine the validity of An act providing for an ecological solid waste management
the issuance of the ECC, then it has jurisdiction to hear and program, creating the necessary institutional mechanisms and
decide petitioners' complaint. incentives, declaring certain acts prohibited and providing
penalties, appropriates funds therefor, and for other purposes
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 Polluter Pays Principle (PPP) -
We are trying to solve problems which resulted from:
⁃ Industrial Revolution (use of coal and fossil fuels

⁃
which results in pollution) NIPA’s ACT (RA 9147)
Plastic pollution
It shall encompass outstandingly remarkable areas and
Corporate Social Responsibility: biologically important lands as “protected areas”
Mcdo
KFC Classi cation and administration of all designated and
Coca-cola protected areas.

Local Government Units are the ones in charge of local It covers:

waste disposal ⁃ habitats of rare and endangered species of plants
and animals
SECTION 2.   Declaration of Policies. — ⁃ biogeographic zones
The State adopt a systematic, comprehensive and ecological ⁃ related ecosystem, whether terrestrial, wetland, or
solid waste management program which shall: marine
(a)  Ensure the protection of public health and environment;
(b)   Utilize environmentally-sound methods that maximize the Categories:
utilization of valuable resources and encourage resource • Strict nature reserve
conservation and recovery; • an outstanding ecosystem with species of national
(c)     Set guidelines and targets for solid waste avoidance and scienti c importance to preserve
volume reduction through source reduction and waste • Natural Park
minimization measures, including composting, recycling, re- • Large area not altered by human activity; no
use, recovery, green charcoal process, and others, before extractive resource uses
collection, treatment and disposal in appropriate and • Natural Monument
environmentally sound solid waste management facilities in • small area to protect features of special interest/
accordance with ecologically sustainable development unique features
principles; • Wildlife Sanctuary
(d)  Ensure the proper segregation, collection, transport, • may require speci c human manipulations for their
storage, treatment and disposal of solid waste through the perpetuation
formulation and adoption of the best environmental practice in • Protected landscapes and seascapes
ecological waste management excluding incineration; • areas with harmonious interaction of man and land;
(e) Promote national research and development programs for public enjoyment
improved solid waste management and resource conservation • Resource reserve
techniques, more effective institutional arrangement and • extensive, isolated area; to protect the resources
indigenous and improved methods of waste reduction, for future use
collection, separation and recovery; • Natural biotic areas
(f)    Encourage greater private sector participation in solid • are set aside to allow the way of life of societies in
waste management a harmony with the environment
• Other categories established by law, conventions,
Hard Law agreements
Means binding laws; to constitute law, a rule, instrument or
decision must be authoritative and prescriptive. In international Examples:
law, hard law includes treaties or international agreements, as Apo Reef National PArk (Occidental Mindoro
well as customary laws. These instruments result in legally Sarangani Bay (Protected Seascape)
enforceable commitments for countries (states) and other
international subjects.  Why?
To protect and enhance the permanent preservation of its
Soft Law natural conditions
These are non-binding rules of international law. Soft law is of
relevance and importance to the development of international Conservation Measures (executive and legislative)
law because it: • Control the construction of roads, trails waterworks,
(1) has the potential of law-making, i.e. it may be a starting sewerage, and other public utilities within the
point for later ‘hardening’ of non-binding provisions (e.g. UNGA protected area
resolutions may be translated into binding treaties); • Control occupancy of suitable portions of the
(2) may provide evidence of an existing customary rule; protected area and resettle outside of said area;
(3) may be formative of the opinio juris or of State practice that except indigenous communities)
creates a new customary rule; (4) may be helpful as a means • Prohibit certain acts
of a purposive interpretation of international law; • Management plans
(5) may be incorporated within binding treaties but in
provisions which the parties do not intend to be binding; and
(6) may in other ways assist in the development and
application of general international law.
REPUBLIC ACT 9147
Wildlife resource conservation and protection of 2001
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 The implementing Rules and Regulations of the Philippine
it shall be the policy of the State to conserve the country’s Mining Act of 1995 (DENR Administrative Order No. 96-40)
wildlife resources and habitats for sustainability adherence to the principle of SUSTAINABLE DEVELOPMENT

RA 9147 and its Provisions aim to:
• Conserve and protect wildlife and their habitats
• regulate the collection and trade of wildlife and
their derivatives
• comply with international conventions in wildlife
conservation
• Initiate and support scienti c studies on the
conservation of biodiversity
One of the key proponents of RA 9147 is the prevention and
prosecution of illegal wildlife trade activities
Illegal Wildlife Trade (IWT) is driven mainly by poverty, a lack
of alternative lively hoods, low public awareness, about wildlife
laws, legal loopholes, weak enforcement, corruption, plus the
growing global demand for wildlife products
The strict implementation and enforcement of the Wildlife
Resources Conservation and Protection Act or RA 9147 is
necessary to combat the illegal Wildlife Trade
⁃ The Wildlife Act prohibit the trade in all wildlife without
permits from the DENR, meaning it is illegal.
FISHERIES CODE OF
THE PHILIPPINES
Conservation Measures:
• thereunder, as well
Open and close season:
• Close season - prohibits shing so sh can lay
eggs
• Open season - allowed to sh
• inter alia, or proper assessment of their
Permitting System
• environmental impacts and implications on
Prohibiting Dynamite
• sustainable land uses, such as built-up areas and
The exploitation of corals (ex. our corals sent to
Hawaii)
Muro-Ami - illegal; damaging corals to attract shes
The principles of SUSTAINABLE DEVELOPMENT operate
under the ff. terms:
• Mining is a temporary land use for the creation of
wealth leading to an optimum land use in post-
mining stage as consequence of progressive and
engineered mine rehabilitation works done in cycle
with mining operations
• Mining activities must always be guided by current
Best Practices in environmental management
committed to reducing the impacts of mining while
ef ciently and effectively protecting the
environment
•
AREAS CLOSED TO THE MINING APPLICATION
Pursuant to the Mining Act of 1995 and in consonance with
State policies and existing laws, areas may either be closed to
mining operations, or conditionally opened, as follows:
Areas CLOSED to mining applications:
• Areas covered by valid and existing mining rights
and applications;
• Old growth or virgin forests, mossy forests, national
parks, provincial/municipal forests, tree parks,
greenbelts, game refuge, bird sanctuaries and
areas proclaimed as marine reserve/marine parks
and sanctuaries and areas proclaimed as marine
reserve/marine parks and tourist zones as de ned
by law and identi ed initial components of the
NIPAS, and such areas as expressly prohibited


as under DENR Administrative Order No. 25, s.
1992, and other laws;
• Areas which the Secretary may exclude based,
critical watershed with appropriate barangay/
municipal/provincial Sanggunian ordinances
specifying therein the location and speci c
boundaries of the concerned 

area; and 


MINING ACT OF 1995 (RA • Areas expressly prohibited by law.

7942)
Speci c provisions are taken into consideration:
• local gov’t empowerment
• respect and concern for the indigenous cultural
communities
• equitable sharing of the present generation while
providing the necessary foundation for future
generations
• the worldwide trend towards globalization and
• protection for the wise management of the
environment
The following areas may be OPENED for mining operations,
the approval of which are subject to the following conditions:
• Military and other government reservations, upon
prior written consent by the government agency
having jurisdiction over such areas;
• Areas near or under public or private buildings,
cemeteries, and archaeological and historic sites,
bridges, highways, waterways, railroads,
reservoirs, dams and other infrastructure projects,
public or private works, including plantations or
valuable crops, upon written consent of the
concerned government agency or private entity,
subject to technical evaluation and validation by
the MGB;

Governing Principles
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• Areas covered by FTAA applications, which shall
be opened, for quarry resources upon written
consent of the FTAA applicants/contractors.
However, mining applications for sand and gravel
shall require no such consent;
• DENR Project areas upon prior consent from the
concerned agency.

MINING PERMITS GRANTED TO QUALIFIED PERSONS

The following are the types of mining permits granted under
the Mining Act of 1995 and its IRR:
Exploration Permit - these permits are issued to quali ed
individuals or local and foreign corporations granting them to
undertake purely mineral exploration activities. Has a term of
two (2) years renewable for like terms but not to exceed a total
term of six (6) years for non- metallic minerals and eight (8)
years for metallic minerals. The Permittee may eventually
apply for Mineral Agreement or FTAA, subject to maximum
areas limitations. The maximum areas allowed per quali ed
person under an Exploration Permit are: 1,620 hectares in any
one province or 3,240 hectares in the entire country for an
individual; and 16, 200 hectares in any one province or 32,400
hectares in the entire country for a corporation, association,
cooperative or partnership.
Mineral Agreement - are granted to individuals or local
corporations giving them the right to explore, develop and
utilize the minerals within the contract area. There are three
modes of Mineral Agreements namely:
Mineral Production Sharing Agreement (MPSA) - an
agreement wherein the Government grants to the contractor
the exclusive right to conduct mining operations within, but not
title over, the contract area and shares in the production
whether in kind or in value as the owner of the minerals
therein. The Contractor shall provide the necessary nancing
technology, management and personnel;
Co-Production Agreement (CA) - an agreement between the
Government and the Contractor wherein the Government shall
provide inputs to the mining operations other than the mineral
resources; and
Joint Venture Agreement (JVA) - an agreement where the
Government and the Contractor organize a joint venture
company with both parties having equity shares. Aside from
earnings in equity, the Government shall be entitled to a share
in the gross output.
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