Overview and Updates on

Environmental Laws
of the Philippines

By
ENGR. ROWENA M. AQUINO
 The Philippine Environmental Laws
(1987 Philippine Constitution)
Executive Order No. 192 designated the Department of Environment
and Natural Resources (DENR)

Environmental Management Bureau (EMB) is specifically tasked to

implement, recommend, and provide technical assistance for their
implementation and monitoring
 No projects shall be
implemented without an
Environmental Compliance
Certificate (ECC)
Provides permitting
requirements
Provides penalty provisions
Provides Air and Water
Standard
 Environmental Impact Statement (EIS)
System
DAO 2003-30
Clarification on the Scope of the Philippine EIS System.

Simplification of Requirements for Securing ECC.

Streamlining of Procedures.

Strengthening the Implementation of the Philippine EIS System

 Scope of the EIS System

Project/Undertaking

Covered Not Covered

ECC CNC

Category A Category B Category C Category D

Category A Environmental Critical Projects (ECP)

Category B Projects located in Environmentally Critical Areas (ECA)
Category C - Projects enhancing environmental quality or address existing
environmental problems
Category D Projects not falling under other categories or unlikely to cause
adverse environmental impacts
 Documentary Requirements & Processing Time
CATEGORY APPLIED TO DOCUMENTS REQUIRED FOR MAXIMUM TIME TO GRANT
ECC APPLICATION OR DENY THE APPLICATION
& DECIDING AUTHORITY
A-1: New Co-located Programmatic EIS 180 days
Projects DENR Secretary
Single Projects EIS 120 days
DENR Secretary
A:
Environmentally A-2: Existing and to be Co-located Programmatic EPRMP 120 days
Critical Projects expanded (including Projects DENR Secretary
undertakings that have
stopped operations for more
than 5 years and plan to re- Single Project EPRMP 90 days
start, w/ or w/o expansion EMB Central office Director

A-3:Operating without ECC

B-1: New Single Project IEE or IEE Checklist (if available) 60 days
EMB Regional Director
B-2:Existing and to be Single Project EPRMP (based on a checklist if 30 Days
B: Projects expanded (including available) EMB Regional Director
located in an ECA undertakings that have
stopped operations for more
than 5 years and plan to re- Co-located PEPRMP 60 days
start, w/ or w/o expansion) Project EMB Central Office Director

B-3: Operating without ECC

C: Environmental
Enhancement or Co-located or Project Description 15 days
Direct Mitigation Single Projects EMB Regional Director

D. Not Covered Project Description or Proof of 15 days

Project Implementation prior to EMB CO or RO Director
1982
 Amending an ECC
Major Amendment
Expansion of land/project area

Increase in production capacity

Major change/s in process flow or technology

Minor Amendment
Typographical error

Extension of deadlines for submission of post-ECC requirement/s

Extension of ECC validity

Change in company name/ownership

Decrease in land/project area or production capacity

Monitoring of Projects with ECCs
Multipartite Monitoring Team (MMT)
Environmental Monitoring Fund

Self-monitoring and Third Party Audit

Environmental Guarantee Fund

Mandatory Environmental Insurance Coverage (AO 2005-06)

Abandonment
 Fees, Fines and Penalties
Upon submission of the application shall pay filing fees and other
fees in accordance with prescribed standard cost and fees.

Penalty of suspension or cancellation of ECC and/or fine of not more

than P50,000/violation
Projects established and/or operating without ECC
Projects violating ECC conditions, EMP, Rules and Regulation
Misrepresentation in the EIS/IEE or any other Documents submitted
 Pollution Control Law
P.D. 984

Clean Air Act of 1999 Clean Water Act of 2004

R.A. 8749 R.A. 9275
DAO 2000-81 DAO 2005-10

Toxic Substances & Ecological Waste

Hazardous and Nuclear Management Act of 2000
Waste Act of 1990 R.A. 9003
R.A. 6969 DAO 2001-34
 Clean Air Act (CAA) of 1999
A comprehensive policy and program for
air quality management in the country.

DENR Administrative Order No. 2000-81 is

the Implementing Rules and Regulations
of this Act.
 Pollution sources can be classified into:

Mobile sources
vehicles like cars, trucks, vans, buses, jeepneys, tricycles and
motorcycles.
Point/Stationary sources
industrial firms and the smoke stacks of power plants, hotels and other
establishments
Area sources
Refer to sources other than above, this include smoking, buring of
garbage, and dust from construction, unpaved ground and the like.
 Stationary Sources
All sources of air pollution must have a valid Permit-to-Operate.

All proposed or planned construction or modification of sources that

has the potential to emit 100 tons per year or more of any of the
regulated pollutants are required to have an approved Authority to
Construct before implementation.

For purposes of sampling, planning, research and other similar

purposes, the DENR-EMB, may issue a Temporary Permit-to-
Operate not to exceed ninety (90) days, provided that the
applicant has pending application for Permit-to-Operate.
 Stationary Sources
Permit-to-Operate is valid for one (1) year from the date of issuance unless
sooner suspended or revoked and must be renewed thirty (30) days before
the expiration date and upon payment or the required fees and compliance
with requirements.

In case of sale or legal transfer of a facility covered by a permit, the

permittee shall notify the DENR-EMB within thirty (30) days from the date
of sale or transfer

The owner or the Pollution Control Officer shall keep a record of the
operation of the sources and shall furnish a copy to the DENR-EMB in a
quarterly basis.

Right of Entry, Inspection and Testing by the authorized representative of

DENR-EMB.
 Fines & Penalties
A fine of < P 100,000.00 for everyday of violation of
standards until such time that standards have been
complied with

For violations of all other provisions a fine of not less

than P 10,000 but nor more than P100,000 or six (6)
months to six (6) years or both. If the offender is a
juridical person, the president, manager, directors,
trustees, the pollution control officer of the officials
directly in charge of the operations suffer the penalty.
 Clean Water Act (CWA) of 2004
General Application - Water Quality Management in all
water bodies

Primary Application - abatement & control of pollution

from land based sources

Enforcement of WQ standards, regulations and penalties

irrespective of source of pollution

DENR Administrative Order No. 2005-10 is set as the

Implementing Rules and Regulation of this ACT
 Discharge Permit
The legal authorization to discharge wastewater.

For industries without any discharge permit is given a period of

twelve (12) months after the effectivity of the IRR, DAO 2005-10
dated May 16, 2005, to secure a discharge permit.

Pollution sources currently discharging to existing sewerage system

with operational wastewater treatment facilities shall be exempt
from the permit requirement.

The discharge permit is valid for a maximum period of five (5) years
from the date of its issuance and must be renewed 30 days before
expiration.

The self-monitoring report shall be submitted to the Regional Offices

within fifteen (15) calendar days after the end of each quarter.
 Fines, Damages and Penalties
A fine of not less than P 10,000 not more
than P 200,000 for every day of violation

Gross Violation has a fine of not less than

P 500,000 but not more than P3M per day
or imprisonment of not less than six (6)
years but not more than ten (10) years or
both.
Ecological Solid Waste Management
Act of 2000
RA 9003 institute measures to promote a more acceptable system
which corresponds to the vision of sustainable development.
Generally, it aims to merge environmental protection with economic
pursuits, recognizing the re-orientation of the communitys view on
solid waste, thereby providing schemes for waste minimization,
volume reduction, resource recovery utilization and disposal.

The DENR Administrative Order No-2001-34 issued on December

21, 2001 is set as the Implementing Rules and Regulations for R.A.
9003.
 Institutional Mechanism
National Solid Waste Local Government
Management Commission Units

Ecological Solid Waste

Management Act

Citizens
 INSTITUTIONAL MECHANISM
(National Level)
National Solid Waste Management Commission
DENR (Chairman) PIA
DILG MMDA
DOST League of Provinces
DPWH League of Cities
DOH League of Municipalities
DTI Liga ng mga Barangay
DA

TESDA
 SWM Hierarchy

Source reduction & minimization of wastes

Resource recovery, recycling & reuse at the

community/barangay level

Collection, proper transfer & transport of wastes

by city/municipality

Management/ destruction or reuse of residuals /

final disposal
 Mandatory Segregation at
Source
Segregation shall be primarily conducted
at source to include:
Household
Institutional
Industrial facility
Commercial/business establishment
Agricultural area
 Mandatory Solid Waste
Diversion
LGUs to divert 25% of solid waste from waste disposal
facilities through resource recovery activities within 5
years

baseline to be derived from waste characterization

results

goal to be increased every 3 years

 Management of Residuals &
Final Disposal Sites
Closure of all open dumpsites

Conversion of all open dumpsites to controlled dumps

within 3 years to operate only within five (5) years.

Minimum requirements in siting, designing and operation

of disposal sites

Sec. 48 (3)
Open burning is not allowed
 Fines and Penalties
Depending on the Prohibited Acts that is committed
penalty ranges from P300.00 to P1,000,000.00 and/or
imprisonment of 1 day to 6 years.

If the offense is committed by a corporation,

partnership, or other juridical entity the chief executive
officer, president, general manager, managing partner or
such other officer-in-charge shall be liable for the
commission of the offense penalized under this Act.
Conceptual Framework of RA 9003

Municipal/ Residuals Management

City Level

Collection by
Barangay municipality/ city
Level MRF
Recyclable
Compostable Non- Special
Wastes Drop off
wastes Recyclabes Wastes sorting
Center

recycling composting Gardens/

P C M
farms

junkyards/ stores
/ factories
 Business and Industry Role
To initiate, participate and invest in integrated ecological solid waste
management projects

To manufacture environmental-friendly products, to introduce,

develop and adopt innovative processes that shall recycle and re-
use materials, conserve raw materials and energy, reduce waste and
prevent pollution

To undertake community activities to promote and propagate

effective solid waste management practices
 Toxic Substances & Hazardous and
Nuclear Waste
The Act directs the Department of Environment and Natural
Resources (DENR) to establish rules, regulations, and programs for
controlling chemical substances and hazardous wastes in the
Philippines.

The Implementing Rules and Regulations of Republic Act 6969

Department Administrative Order 29 (DAO 29) was signed in June of
1992. It provides a general regulatory framework that industry
must meet to reach compliance with RA 6969.
 POLICY
Regulate, limit, and prohibit importation, manufacture,
processing, sale, distribution, and use, and disposal of
chemical substances and mixtures that present
unreasonable risk to public health and environment

Prohibit the entry and disposal of hazardous wastes into

the Philippines territorial limits

Advance and facilitate research on toxic chemicals and

hazardous wastes
 Coverage of RA 6969
Chemical Management (Title II)
virgin materials

Hazardous Waste Management (Title III)

waste materials
 PROVISIONS OF TITLE II
(TOXIC CHEMICAL SUBSTANCES)
Compile, maintain and update and inventory of chemical substances that
are stored, imported, exported, used, processed, manufacture ,
transported in the country. The inventory is known as the Philippine
inventory of chemicals and chemical substances (PICCS).

Require manufacturers and importers to submit pertinent data and

information on the existing chemical substances that they manufacture or
import.

Establish the Philippine Priority Chemicals list( PCL).

Require screening of new chemical substances by seeking all available

information to asses the risk posed by new chemical substances to public
health and to the environment (PMPIN).

Regulate, limit, gradually phase-out, and ban those chemical substances

that are determined to pose unreasonable risk to public health and
environment through the issuance of CCOs.
 Chemicals management
Philippine Inventory of Chemical and
Chemical Substances (PICCS)
Pre-manufacture, Pre-Importation
Notification scheme (PMPIN)
Priority Chemical List (PCL) - DAO
98-29
Chemical Control Orders (CCOs)
Participation in international treaties,
agreements, etc.
.
 PRIORITY CHEM ICAL LIST (PCL)

PCL includes selected chemicals for the PICCS and new

chemical substances notification that pose unreasonable
risk to health and environment.

Specific criteria for inclusion of chemical substances into

PCL and reporting requirements for chemical substances
in the PCL shall be established and published by DENR.
 CHEMICAL CONTROL
ORDERS (CCO)
CCOs are DENR orders that:
Prohibit
Limit
Regulate

the use, manufacture, import, export, transport, process,

storage, possession, sale of those priority chemicals that
DENR determines pose hazard to public health and
environment.

DENR establishes and publishes the specific criteria and

reporting requirements for CCOs
 Chemical Control Order (CCOs)
DAO 97-38: CCO for Mercury and its compounds
ban, regulated and /or limited use

DAO 97-39: CCO for Cyanide and its compounds

ban, regulated and/or limited use

DAO 2000-02: CCO for asbestos

ban, regulated/selected/limited use

DAO 2000-18: CCO for Ozone Depleting

Substances (ODSs)
ban and/or phase out

DAO 2004-01: for Polychlorinated Biphenyls (PCBs)

ban and/or phase out
 POLICY ON HAZARDOUS WASTE
Prohibit the entry, even in the transit, or hazardous wastes and their
disposal into the Philippines territorial limits.

Management of hazardous waste in a manner not to cause pollution

of the environment and harm harm to public health and natural
resources.

Make the waste generators responsible for management and

disposal of hazardous wastes and financially responsible for the cost
of proper storage, treatment, and disposal of hazardous wastes they
generate.
 KEY ACTORS
Waste Generators: a person who generates or
produces, through any commercial, industrial or
trade activities, hazardous wastes.

Waste Transporters: a person who is licensed to

transport hazardous wastes.

Waste Treater: a person who is licensed to treat,

store, recycle, or dispose of hazardous wastes.
 Updates on HazWaste

DAO 2004-36 Procedural Manual Title 3 of

DAO 92/29
 Schedule of Fees (Title II)
PMPIN (abbreviated form): P2,150.00/chemical
PMPIN (detailed form): P3,750.00/chemical
Registration for chemicals under CCO: P2,250.00/chemical
Renewal of registration for chemicals under CCO:
P1,450.00/chemical
Importation clearance for chemicals under CCO: P 700.00/chemical
Certification of chemicals in the PICCS: P 450.00/chemical
Certification for PCL biennial report: P 500.00/chemical
Letter of intent for small quantity importation: P 500.00/chemical
Interim importation clearance for other chemicals: P
500.00/chemical
 Schedule of Fees (Title III)
Registration of hazardous waste generators: PhP 600.00
Annual Registration of Transporters: PhP 500.00/vehicle
Issuance of Manifest Form: P100.00/manifest and P
500.00/hazardous
Application fee for Notification of the Export of
Hazardous Wastes: P 500.00/notification
Registration Fee: P 15,000.00/facility
TSD Facility Permit: P 5,000.00/facility
Issuance of an Export or Importation Clearance:
P2,000/clearance
Registration of Importer of HW: P 5,000.00
 PENALTIES
Administrative violations of Section 41 of IRR, and fees

10,000 to P50,000

Criminal offenses of Section 42 (1) of IRR, and penalties

P600 to P4,000, and

6 month to 6 years imprisonment

Criminal offenses of Section 13 (d) of RA 6969 Act, and penalties

12 to 20 years imprisonment (persons)

12 to 20 years imprisonment and at least P500,000 (corporate)

 A Point to Ponder

Only when the last tree is cut..

Only when the last fish is caught.
Only when the last river is polluted.
Only then will man know that money cannot
be eaten.
Thank You!