Philippine Environmental Law

PHILIPPINE ENVIRONMENTAL LAW

FINAL
Submitted By:
Philip Baumgarten

Introduction to the Philippines System of Government
The Philippines has a government of representative democracy based on the United States system. The 1987 constitution, adopted during the administration of Corazon Aquino reestablished a presidential system of government with a bicameral legislature and an independent judiciary.

The President, the members of the House of Representatives and the Senate are elected by the populous. The President is limited to one six year term. The legislature is comprised of 24 Senators and 250 members of the House of Representatives The Judiciary is independent form the President and the Legislature. The Supreme Court is comprised of a Chief Justice and fourteen associate justices. The Supreme Court justices and the lower court justices are selected by the President from a list of nominees submitted by the Philippine Judicial and Bar Council. Only natural born citizens of the Philippines may hold judicial posts. Confirmation by the legislature of the President’s judicial appointments is not required.

Types of Laws and Regulations
Law Passed by Congress – this is referred to as Republic Act (R.A.). Similar to the United States a bill is initiated in either of legislative chambers or by the President. The bill is subject to review by a Congressional committee to hear out concerns on the bill. Thereafter, the bill is approved by the entire body. Once approved, the bill is referred to a Bicameral Conference Committee to reconcile any conflicting provisions. Once ratified, the bill is forwarded to the President for approval or veto. A two-thirds vote of Congress is needed to override a veto. Laws enacted by Congress have been the primary method of lawmaking since the 1987 Constitution was ratified.

Presidential Decree (P.D.) – during the period of the “Martial Law Years”(1972-1986) , legislative was made by Presidential fiat of then President Ferdinand Marcos. Many environmental laws were passed during this period and continue to be valid today. An example of a Presidential Decrees is the Forest Code of the Philippines (P.D. 705). Executive Order ( E.O.) – is a presidential act providing for rules of a general or permanent character in the implementation or execution of constitutional or statutory powers.

Administrative Order (DAO) – is an act of a Cabinet or Department Secretary which implements rules pursuant to his/her duties as administrative head of government. For example, the head of the Department of Environment and Natural Resources (DENR) will issue implementing rules and regulations (IRR) under environment statutes in the form of a DAO.

2

Ordinance – is a local law passed by the local legislative body of the province, city, municipality, or village (barangay) and approved by the chief executive officer (i.e. the barangay chief) of the respective entity.

Environmental Law and the 1987 Constitution
The primary legal basis for protection of the environment may be found in the 1987 Constitution, Article II, section 16 which provides:
“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”. Article II, Section 15 of the 1987 Constitution1 provides that “the State shall protect and promote the right to health of the people and instill health conscious among them” The Philippine Supreme Court2 has held that the Articles II, Sections 15 and 16 of the 1987 Constitution combined to create a right to a “balanced and healthful ecology”. The Court stated that such rights were said to exist from the inception of mankind, but that this principle was enumerated in the Constitution to bestow upon the State the obligation to protect a balanced and healthful ecology.

Article XII of the 1987 Constitution3, entitled “National Economy and Patrimony” provides for the efficient use and state ownership of natural resources. One concern was likely to protect the natural resources of the country from foreign exploitation and domination. The relevant provisions of Article XII are:

Section 1 – “the goals of the national economy are a more equitable distribution of opportunities, income and wealth… the State shall promote industrialization and full employment based on sound agricultural development and agrarian reform…”

Section 2 – “All lands of the public domain, waters, minerals, coal, petroleum, and other mineral oils, all forces of potential energy, fisheries, forests or timber, wildlife, flora and fauna and other natural resources are owned by the State. With the exception of agricultural lands, all other natural resources shall not be alienated. The exploration, development, and utilization of natural resources shall be under full control and supervision of the State…The state shall protect the nation’s marine wealth in its archipelagic waters, territorial sea, and exclusive economic zone, and reserve its use and enjoyment exclusively to Filipino citizens”. The Section also provides that State may enter into agreements with private citizens and/or foreign corporation to exploit natural resources of the State.

1

Const. 1987, Art. II, (Phil.)
Oposa v. Factoran GR No. 101083 (1993)
3
Const. 1987, Art. XII, (Phil.)
2

3

Section 3 – “Lands of the public domain are classified into agricultural,
forest or timber, mineral lands, and national parks… Alienable lands of the public domain shall be limited to agricultural lands.”

Section 4 – “The Congress shall, as soon as possible, determine by law, the specific limits of forest lands and national parks, marking clearly their boundaries on the ground. Thereafter, such forest lands and national parks shall be conserved and may not be increased nor diminished, except by law. The Congress shall provide for such period as it may determine, measures to prohibit logging in endangered forests and watershed areas”

Section 5 – The State… shall protect the rights of indigenous cultural communities to their ancestral lands to ensure their economic, social and cultural well being.”
Section 6 – The use of property bears a social function, and all economic agents shall contribute to the common good. Individuals and private groups, including corporations, cooperatives, … shall have the right to own, establish, and operate economic enterprises, subject to the duty of the State to promote distributive justice and to intervene when the common good so demands”.

International Agreements
The Philippines is a party to many international environmental conventions, some of which are stated below. Adherence to international standards is mandated in many of the Philippine environmental statutes:

1. Stockholm Declaration of the United Nations Conference on the Human Environment4;
2. Rio de Janiero Declaration on Environment and Development (Agenda 21)5; 3. Vienna Convention on the Protection of the Ozone Layer6;
4. Montreal Protocol on Substances that Deplete the Ozone Layer7; 5. United Nations Framework Convention on Climate Change8;
6. Kyoto Protocol to Global Climate Change Convention9;
7. Stockholm Convention on Persistent Organic Pollutants10;
8. Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal11, and

4

U.N. Doc. A/Conf.48/14/Rev. 1(1973); 11 ILM 1416 (1972)
U.N. GAOR, 46th Sess., Agenda Item 21, UN Doc A/Conf.151/26 (1992) 6
TIAS No. 11,097; 1513 UNTS 323; 26 ILM 1529 (1987)
7
S. Treaty Doc. No. 10, 100th Cong., 1st Sess. 1; 26 ILM 1550 (1987) 8
1771 UNTS 107; S. Treaty Doc No. 102-38; U.N. Doc. A/AC.237/18 (Part II)/Add.1; 31 ILM 849 (1992) 9
UN Doc FCCC/CP/1997/7/Add.1, Dec. 10, 1997; 37 ILM 22 (1998) 10
140 ILM 532 (2001)
11
1673 UNTS 126; 28 ILM 657 (1989)
5

4

9. Convention on International Trade in Endangered Species of Wild Flora and Fauna12.
Creation of the DENR
In June, 1987, President Aquino promulgated Executive Order 19213 creating the Department of Environment and Natural Resources (“DENR”). Section 4 of the Executive Order stated that the DENR shall be

“the primary government agency responsible for the conservation, management, development and the proper use of the country’s environment and natural resources”.
Section 3 makes the following statement of policy:
“it is hereby declared the policy of the State to ensure the sustainable use, development, management, renewal, and conservation of the country’s forest, mineral, land, off-shore areas, and other natural resources, including the protection and enhancement of the quality of the environment … It is also the policy of the State to recognize and apply a true value system including social and environmental cost implications…”

The Executive Order fused the functions of the then existing Ministry of Natural Resources, the National Pollution Control Commission, and the National Environmental Protection Council under the umbrella of the DENR. The DENR’s function is to promulgate and enforce rules and regulations for; 1) the control of water, air and land pollution, 2) ambient and effluent standards for water and air quality, and 3) the conservation of country’s genetic resources, biological diversity, and endangered habitats.

The DENR is headed by the Cabinet Secretary, (appointed by the President) and assisted by three undersecretaries. Below them are bureaus of Mines and Geosciences, Forest Management, Land Management, Environmental Management, and Ecosystems Research. The regulatory function and enforcement of the DENR powers are performed by the regional offices distributed throughout the thirteen administrative regions of the Philippines. The autonomous region of Muslim Mindanao (located in country’s south islands) has its own version of the DENR.

Establishment of an Environmental Impact Statement System

12

13

27 U.S.T. 1087, 993 U.N.T.S. 243; 12 I.L.M. 1085 (1973)
Exec. Ord. No. 192 (1987)

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In 1977, President Marcos issued Presidential Decree No. 1151 which established an environmental impact statement system (“EIS”) for the Philippines. This was likely in response to the growing environmental consciousness of the period in the Philippines and throughout the world. Section 4 of the Decree provides:

All agencies and instrumentalities of the national government, including
government-owned or controlled corporations, as well as private corporations and entities shall prepare, file and include in every action, project or undertaking which significantly affects the quality of the environment a detailed statement on:

a. the environmental impact of the proposed action, project or undertaking; b. any adverse environmental effect which cannot be avoided should the proposal be implemented;
c. alternatives to the proposed action
d. 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
e. whenever a proposal involves the use of depletable or nonrenewable resources, a finding must be made that such use and commitment are warranted.
Before an EIS is issued by a lead agency, all agencies having jurisdiction over, or special expertise on, the subject matter involved shall comment on the draft EIS made by the lead agency within thirty (30) days from receipt of the same. Issued ten years before the 1987 Constitution, the Presidential Decree14 stated as its policy goal that the “government 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.”. In 1978, Presidential Decree No. 1586 was issued, which amplified the provisions of Presidential Decree No. 1151, providing for the right of the President to proclaim certain areas and projects as environmentally critical. The decree required that no private person shall undertake any action on an environmentally critical project or area without securing an Environmental Compliance Certificate from the appropriate agency15. The Presidential Decree also provides for penalties for violations of the terms of the Environmental Compliance Certificate, in the amount of fifty thousand pesos (approximately $1,000) for every violation.

In 1981 President Marcos issued Proclamation 2146 listing in detail the areas and types of projects as environmentally critical. The projects listed as environmentally critical fall under the categories: 1) heavy industries, 2)
resource extractive industries, and 3) infrastructure projects. Areas listed as environmentally critical include in part, areas: 1) declared as national parks, watershed reserves, wildlife preserves, and sanctuaries, 2) 14

15

Pres. Dec. No. 1151, Sec. 3
Pres. Dec. No. 1586, Sec. 4

6

aesthetic tourist spots. 3) habitat of any endangered species. 4) traditionally occupied by cultural communities or tribes, 5) frequently visited by natural calamities. Pollution Control Law
Stating that it is imperative to strengthen the National Pollution Control Commission (since subsumed by the DENR) to best protect the people from the growing menace of environmental pollution, President Marcos issued Presidential Decree No. 984, otherwise known as the National Pollution Control Decree of 1976. The Decree was effective up until its repeal under the Clean Water Act of 2004.

Under the Decree the Commission is mandated to issue standards, rules and regulations, issue orders to compel compliance, 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 or industrial waste, or the installation and operation of sewage works and industrial disposal systems”.16

The Decree17 further provides for public hearings (Pollution Adjudication Board has jurisdiction) prior to the issuance of any order or decision by the Commissioner requiring the discontinuance of discharge of sewage, industrial, waste, or other wastes into the, water, air, or land resources of the Philippines. Whenever the commission finds a discharge is an imminent threat to, public health, safety, or welfare, or exceeds allowable standards the Commission may issue an ex parte order without the necessity of a public
hearing. Judicial review shall be permitted by the Court of Appeals only after the aggrieved party has exhausted all remedies before the Commission. The Decree18 provides for penalties of five thousand pesos (approximately $100) a day for failure to follow any order, decision, or regulation of the Commission. Failure to pay the fine shall be sufficient ground for the Commission to order closure or stoppage of the offending operation. The right to effect closure was found not to extend to local officials and rests with the DENR.19

Establishment of Protected Areas
The National Integrated Protected Areas System Act of 199220 was enacted to achieve the policy goal to “secure for the Filipino people of present and future generations the perpetual existence of all native plants and animals through the establishment of a

16
17

Pres. Dec. No. 984, Sec. 6g
See id. Sec. 7

18

See id. Sec. 9
Technology Developers Inc. v C.A., S.C.R.A. 147 (1991)
20
Rep. Act No. 7586
19

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comprehensive system of integrated protected areas within the classification of national park as provided for in the Constitution.21
The following categories of protected areas are established22: a. Strict nature reserve;

b. Natural park;
c. National monument;
d. Wildlife sanctuary;
e. Protected landscapes and seascapes;
f. Resource reserve;
g. National biotic areas, and
h. Other categories established by law, conventions, or international agreements to which the Philippine government is a signatory.
Within 3 years from the date of the Act the DENR shall review and study each area tentatively composing the initial System as to its suitability or nonsuitability for preservation as a protected area and inclusion in the System and report its findings to the President. The President shall then submit his recommendations to the House and the Senate for confirmation as a protected area. Before submission to the President, the DENR shall:

1. Notify the public of the proposed action through publication in a newspaper; 2. Conduct public hearings at the locations nearest to the area affected; 3. At least 30 days prior to the date of the hearing advise all local governments units in the affected areas anfd invite them to submit their view on the proposed action; and

4. Give due consideration to the recommendations at the public hearing, and provide sufficient explanation for recommendations contrary to the sentiments expressed in the public hearings.23
The DENR may propose additional sites subsequent to the initial establishment of the protected area System, subject to the notice and hearing procedures above. A Protected Area Management Board (PAMB) shall be created for each of the protected areas and shall be composed of the following (who shall be appointed by the Secretary of the DENR for a term of five years): the Regional Executive Director under whose jurisdiction the protected area is located; one representative from the autonomous regional government; one representative from the municipal government, one representative from each barangay covering the protected area; one representative from each tribal community, if applicable; at least three representatives from nongovernmental organizations, and if necessary one representative from
other departments or national government agencies involved in the protected area.24

21

See Id. Sec. 2
See Id. Sec. 3
23
See id. Sec. 5
24
See id. Sec .11
22

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The PAMB shall, by a majority vote, decide the allocation for budget, approve proposals for funding, decide matters relating to planning, peripheral protection, and general administration of the area in accordance with the general management strategy.25 An EIS shall be required for any proposed activity which is outside the scope of the management plan. No actual implementation of such activities shall be allowed without the required Environmental Compliance Certificate (ECC).26

The Act provides that the penalty for violations shall be a fine of not less than five thousand pesos (P5,000) nor more than five hundred thousand pesos (P500,000), exclusive of damages to the protected area, or imprisonment for not less than one year nor more than six years, or both.27

Forestry
Presidential Decree No. 705 was issued in 1975 28with a stated policy to orient the multiple use of forest lands to the development and progress requirements of the country, the advancement of science and technology, and the public welfare. In addition the stated goal, was to emphasize the development and rehabilitation of forest lands so as to ensure their continuity in productive condition.29

The Decree created the Bureau of Forest Development, which with the establishment of the DENR in 1987, was renamed the Forest Management Bureau (FMB). The line functions of the FMB are delegated to the regional offices of DENR. Under the Decree all lands of the public domain are classified into agricultural, industrial or commercial, residential, resettlement, mineral, timber or forest, and grazing lands.30 The Decree further provides that no land of the public domain, eighteen percent (18%) in slope or over shall be classified as alienable and disposable, nor any forest land fifty percent (50%) in slope or over shall be classified as grazing land.31 Certain enumerated areas, below eighteen percent (18%) in slope or over are deemed needed for forest purposes are also not alienable or disposable.32

No person may utilize, exploit, occupy, possess or conduct any activity within any forest or grazing land, unless such activity has been authorized by license, lease or permit. However, when the national interest so requires, the President may amend, modify, replace any license, lease or permit. A license, lease or permit may be suspended upon recommendation of the FMB, after an appropriate hearing for violations on the conditions therein, pertaining to, but not limited to reforestation, pollution, environmental

25

Id.
See id. Sec. 12
27
See id. Sec. 21
28
Amended by Pres. Dec No. 865 (1975), Pres. Dec. No. 1559 (1978), and Pres. Dec. No. 1775 (1981) 29
Pres. Dec. No. 705, Sec 2
30
See id. Sec. 13
31

See id. Sec. 15
32
See id. Sec. 16
26

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protection, or export limitations.33 The Decree further defines the terms and production parameters and production charges for timber and wood production licenses and permits. A timber license has been held to be a mere privilege which may be modified, amended or rescinded when the national interest so requires.34

The Decree also provides for the reforestation of certain public forest lands, as follows: 1.
2.
3.
4.
5.

Bare or grass covered tracts of forestlands,
Brushlands
Open tracts of forest lands interspersed with patches of forest Denuded or inadequately timbered areas
Portions of areas covered by pasture leases or permits needing immediate reforestation.35

A number of incentives are provided to encourage reforestation, including waiver of rental payments for five years and substantial reductions thereafter and several tax incentives.36
The Decree also provides penalties for violation for persons utilizing forest lands without the requisite authority. Such persons shall be subject to a fine of not less than five hundred pesos (P500), nor more than twenty thousand pesos (P20,000) and imprisoned for not less than six months nor more than two years for each offense, and be liable for payment of up to ten
times the rental fees and other charges which would have accrued had the activity been authorized by a proper license, lease or permit.37 Unfortunately, the Decree in practice did not curtail wood and timber production activity or result in widespread reforestation. By 1988 the Philippines had a forestry coverage of 5% as compared to that in the mid twentieth century. In response, the DENR issued Department Administrative Order No. 24, (1991), effective Janaury1, 1992 which in effect banned all logging in the remaining 5% of forest lands. Subsequently an Executive Order38 was issued which mandated a community-based forest management approach, so that people who have a stake in the well-being in the forest become partners in management of the forest.

Agrarian Reform Program
In 1988 President Aquino signed into law the Comprehensive Agrarian Reform Law of 1988,39 which has been upheld as constitutional.40 The purpose of the law is to 33

See id. Sec. 20
Felipe Ysmael Jr & Co Inc. v Deputy Executive Secretary, G.R. No. 79538, (1990) 35
Pres. Dec. No. 705, Sec 33.
36
See id. Sec. 36
37
See id. Sec. 78
38
Exec. Ord. No. 263 (1995)
39
Rep. Act No. 6657, as amended by Rep. Act No. 7881 (1995)
40
Association of Small Landowners v. DAR, 175 S.C.R.A. 343 (1989) 34

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redistribute agricultural lands through a program known as the Comprehensive
Agrarian Reform Program (CARP), which shall consider the welfare of landless farmers and farm workers, to promote social justice and to move the nation toward sound rural development and industrialization, and the establishment of owner cultivatorship of economic-size farms as the basis of Philippine agriculture. The program shall provide for a more equitable distribution and ownership of land, with due regard to the rights of landowners to just compensation and to the ecological needs of the nation, and shall be undertaken to provide farmers and farmworkers with the opportunity to enhance their dignity and improve the quality of their lives through greater productivity of agricultural lands.41

The Law shall cover, regardless of tenurial arrangement and commodity produced, all public and private agricultural lands. More specifically the Law covers; a) all alienable and disposable lands of the public domain devoted to or suitable for agriculture, and b) all private lands devoted to or suitable for agriculture regardless of the agricultural product raised or that can be raised.42 The Department of Agrarian Reform (DAR) in coordination with the Presidential Agrarian Reform Council (PARC) shall plan and program the acquisition an distribution of all agricultural lands through a period of ten years from the effective date of the Law.43

Current owners of agricultural land may retain up to five (5) hectares, with an additional three (3) hectares being awarded to each child of the landowner, provided 1) such child is at least fifteen years (15) of age; and 2) he is actually tilling the land the land or directly managing the farm.44 The PARC may suspend implementation of this act so that ancestral lands shall be protected to ensure the rights of these communities to economic, social and cultural well-being.45

The DAR shall identify the land, landowners, and beneficiaries. After, identifying such parties the DAR shall send notice to the landowner of its intent to purchase the land. The landowner may either accept the offering price or request the DAR conduct administrative proceeding to determine the proper compensation.46 In determining the just compensation of the land, the current value of like properties, its nature, actual use and income, the
sworn valuation by the owner, the tax declarations, and the assessment made by the government assessors shall be considered.47

The mode of payment shall be a the option of the landowner at the following terms; 1) a cash payment of at least 25% to 35% depending of the size of the tract, and the balance in government notes, 2) shares of stock in government owned corporations; 3)tax credits, or 4) bonds issued by the Land Bank of the Philippines (LBP).48 41

See id. Sec. 2
See id. Sec. 4
43
See id. Sec. 7
44
See id. Sec. 6
45
See id. Sec. 9
46
See id. Sec. 16
47
See id. Sec. 17
48
See id. Sec. 18
42

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The lands covered by the CARP shall be distributed in three (3) hectares parcels, as much as possible to landless residents (beneficiaries) of the same barangay, or in the absence thereof, landless residents of the same municipality in the following order of priority; a. agricultural lessees and share tenants; .

b. regular farm workers,
c. seasonal farm workers;

d. other farm workers;
e. actual tillers or occupants of public lands;
f. collectives or cooperatives of the above beneficiaries;
g. others directly working on the land. 49
Lands awarded to the beneficiaries shall be paid for by the beneficiaries to the LBP in thirty (30) annual payments at a six percent (6%) rate of interest. Provided, that the first five annual payments may not be more than five percent (5%) of the value of the annual gross production as established by the DAR.50

Conservation and Protection of Wildlife Resources
In July, 2001 the Wildlife Resources Conservation and Protection Act51 was signed into law. The Act has as its objectives the following:
a. to conserve and protect wildlife species and their habitats to promote ecological balance and enhance biological diversity;
b. to regulate the collection and trade of wildlife;
c. to pursue, with due regard to the national interest, the Philippine commitment to international conventions, protection of wildlife and their habitats; and d. to initiate or support scientific studies on the conservation of biological diversity.52

The Act divides jurisdiction between the DENR who shall regulate terrestrial plant and animal species, including wetland species, such as crocodiles and all amphibians, and the Department of Agriculture (DA) who shall regulate all aquatic resources, including

49
50

51
52

See id. Sec. 22, 25
See id. Sec. 26

Rep. Act No. 9147 (2001)
See id. Sec. 2

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fishes, aquatic plants, and all marine mammals.53 In the island of Palawan, jurisdiction is conferred to the Palawan Council for Sustainable development. Permits shall be issued to persons to allow the collection, possession and transport of wildlife, provided that that species shall not be classified as a threatened species. In addition, such persons must demonstrate financial, technical capability and facility to maintain such wildlife.54 Also, collection of wildlife by indigenous people may be allowed for traditional use and not primarily for trade.55 Import or export of wildlife species may be permitted by the Secretary.56

The collection or possession of threatened species shall be allowed only for scientific, breeding or propagation purposes.57 Threatened species shall be determined by the Secretary based on the best scientific data with due regard to internationally accepted criteria, including but not limited to the following:

a. present or threatened destruction, modification or curtailment of its habitat or range;
b. over-utilization for commercial, recreational, scientific or educational purposes, c. inadequacy of existing regulatory mechanisms; and
d. other natural or man-made factors affecting the existence of wildlife.58 The Secretary shall review, revise and publish the list of categorized threatened wildlife within one year form the effective date of the Act. The list shall be updated regularly or as the need arises. However, a threatened species shall not be removed from the list within three years following its initial listing. Any person may file a petition with the Secretary seeking listing or delisting of a species.59

Unless otherwise allowed by the Act, the following actions shall be unlawful: 1. killing and destroying wildlife species, subject to exceptions which
include; (i) when it is done as part of the religious rituals of established tribal groups or indigenous communities, (ii) when the wildlife is inflicted with an incurable communicable disease;

2. inflicting injury which cripples and/or impairs the reproductive system of the wildlife species;
3. effecting any of following acts in critical habitats; (i) dumping of waste products detrimental to wildlife, (ii) squatting or otherwise occupying any portion of the critical habitat, (iii) mineral exploration and/or extraction, (iv) burning, and (v) logging;

53
54

See id., Sec. 4
See id. sec. 8

55

See id. Sec. 7
See id. Sec. 11
57
See id. Sec. 23
58
See id. Sec. 22
59
Id.
56

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4.
5.
6.
7.

8.
9.

introduction, reintroduction or restocking of wildlife resources; trading of wildlife;
collecting, hunting or possessing wildlife;
gathering or destroying active nests;
maltreating the wildlife;, and
transporting of wildlife.60

The Act provides for several levels of fines and/or imprisonment terms which may be assessed for violations. The maximum prison term is twelve (12) years and the maximum fine is one million pesos (P1,000,000). 61

Philippine Mining Act of 199562
The policy of the Act flows from the fact that all mineral resources in public and private lands within the territory and exclusive economic zone of the Republic of the Philippines are owned by the state. It shall be the responsibility of the State to promote their rational exploration, development, utilization and conservation through the combined efforts of the government and the private sector in order to enhance national growth in a way that effectively safeguards the environment and protects the rights of affected communities.63 Mineral Reservations shall be established necessary to preserve strategic raw materials, or certain minerals for scientific, cultural or ecological value. All submerge lands within the contiguous and in the exclusive economic zone of the Philippines are hereby declared to be mineral reservations. Mining operations in the reservations shall be undertaken by the DENR or through a contractor. Small scale mining cooperatives shall be given a preferential right to mine up to 25% of a designated reservation.64 No ancestral land shall opened for mining operations without the prior consent of the indigenous cultural community concerned.65 Mining shall not be allowed in old growth or virgin forests, proclaimed watershed forest reserves, wilderness areas, mangrove forests, mossy forest, national parks, provincial/municipal forests, parks, greenbelts, game refuge and bird sanctuaries as defined by law.66

Exploration permits shall be granted by the Mines and Geosciences Bureau operating under the umbrella of the DENR. Permits shall be granted to qualified persons for the right to enter, occupy and explore the area for minerals. Qualified persons shall include any citizen of the Philippines with the capacity to contract, or a corporation, partnership, association, or cooperative organized or authorized for the purpose of engaging in

60

See id. Sec 27
See id., Sec 28
62
Rep. Act No. 7942
63
See id. Sec. 2
64
See id. Sec. 5
65
See id. Sec. 16
66
See id. Sec. 19
61

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mining.67 Permits shall be for a term of two years subject to annual review and relinquishment or renewal upon the recommendation of the Director.68 Permits shall be for an area of designated blocks. A block means an area bounded by onehalf minute of latitude and one-half minute of longitude, containing approximately eightone hectares. The maximum area that a qualified person shall hold at any one time shall be:

h.
Onshore, in any one province – for individuals twenty (20) blocks, and for
partnerships, corporations, cooperatives, or associations, two hundred (200) blocks;
i.
On shore in the entire Philippines – for individuals forty (40) blocks, and for partnerships, corporations, cooperatives, or associations, four hundred (400) blocks;
j.
Off shore, beyond five hundred meters form the mean low tide level – for individuals one hundred (100) blocks, and for partnerships, corporations, cooperatives, or associations, one thousand (1,000) blocks.69 A qualified person may enter into a mineral agreement with the government which shall allow the contractor the right to conduct mining operations and extract all mineral resources found in the contract area. The mode of the agreement may be sharing agreement, co-production agreement or joint-venture agreement.70 The maximum area that a qualified person may hold at any time under a mineral agreement shall be:

a..
Onshore, in any one province – for individuals ten (10) blocks, and for partnerships, corporations, cooperatives, or associations, one hundred (100) blocks;
b.
On shore in the entire Philippines – for individuals twenty (20) blocks, and for partnerships, corporations, cooperatives, or associations, two hundred (200) blocks;
c.
Off shore, in the entire Philippines – for individuals fifty (50) blocks, and for partnerships, corporations, cooperatives, or associations, five hundred (500) blocks.71
The term of a mineral agreement shall not exceed twenty-five (25) years and be renewable for another term not exceeding twenty-five (25) years.72 The Act provides for environmental protection. Every contractor shall undertake an environmental protection and enhancement program covering the period of the mineral 67

See id. Sec. 3, 20
See id. Sec. 21
69
See id. Sec. 22
70
See id. Sec. 26
71
See id. Sec. 22
72
See id. Sec. 32
68

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agreement or permit. Such environmental program shall be incorporated in the work program which the contractor or permittee shall submit as an accompanying document to the application for a mineral agreement or permit. The work program shall include plans relative to rehabilitation, regeneration, revegetation and reforestation of mineralized areas, slope stabilization of mined-out areas, aquaculture, watershed development and water conservation and socioeconomic development.73

The Act contains penal provisions including, but not limited to, for; false statements, illegal exploration, theft of minerals, illegal obstruction, and destruction of mining structures. 74
Fertilizers and Pesticides
The Fertilizer and Pesticide Authority (FPA) was created under Presidential Decree No. 1144 in 1977 recognizing the need to create a technically-oriented government authority equipped with the required expertise to regulate, control, and develop both the fertilizer and pesticide industries. The purpose of the FPA (which is attached to the Department of Agriculture) is to assure the agricultural sector of adequate supplies of fertilizer and pesticides at reasonable prices, rationalizing the manufacture and marketing of fertilizer, protecting the public from the risks inherent in the use of pesticides, and educating the agricultural
sector in the use of these inputs.75

The term pesticide shall refer to any substance or product, or mixture thereof, including active ingredients, adjuvants, and pesticide formulations, intended to control, prevent, destroy, repel or mitigate any pest. The term shall be understood to include insecticide, fungicide, bactericide, nematocide, herbicide, molluscicide, avicide, rodenticide, plant regulator, defoliant, desiccant and the like. 76

The term fertilizer includes any substance, solid or liquid, or any nutrient element, organic or inorganic, singly or in combination with other materials, applied directly to the soil for the purpose of promoting plant growth, increasing crop yield, or improving their quality.77

The FPA shall have jurisdiction over all handlers or pesticides and fertilizers. With respect to fertilizers the FPA shall, among other enumerated functions; 1) establish and enforce sales quotas, production schedules, distribution areas and other marketing regulations; 2) determine and set volume and prices; 3) establish and implement regulations governing the import and export thereof; 4) to control and regulate all aspects of domestic production. With respect to pesticide and other agricultural chemicals, the FPA, shall, among other enumerated functions; 1) determine specific uses or manner of use; 2) restrict or ban the use of any pesticide in specific areas or during certain periods 73

See id., Sec. 69
See id. Sec 101 et seq.
75
Pres. Dec. No. 1144, Sec.1
76
See id. Sec. 2
77
Id.
74

16

upon evidence that the pesticide is an imminent hazard, or is causing widespread serious damage to crops, fish or livestock, or to public health and the environment; 3) to inspect the establishment and premises of pesticide handlers,; 4) to enter and inspect farmers’ fields to ensure that only recommended pesticides are being used.78 No pesticide, fertilizer, or other agricultural chemical shall be exported, imported, manufactured, formulated, stored, distributed, sold or offered for sale, transported, delivered for transportation, or used unless it has been duly registered with the FPA, or covered by a numbered provisional permit issued by the FPA for use in accordance with the conditions as stipulated in the permit.79

Separate penalties are imposed for violation of the rules and regulations covering fertilizer and pesticides. A violation regarding fertilizer shall be punished by imprisonment of not less than fifteen (15) years and one day or more than 20 years if the amount involved is over fifty thousand pesos (P50,000), as well as a fine ranging from an amount equal to value involved to three times such value nut shall in case be less than five thousand pesos (P5,000) nor more than twenty thousand pesos (P20,000). A violation regarding pesticides shall be punished by an imprisonment term not in excess of one year or a fine of five thousand pesos (P5,000) but more than ten thousand pesos (P10,000).80

Toxic Substances and Hazardous Wastes
In 1990 the Toxic Substances and Hazardous Nuclear Wastes Control Act of 1990 was signed in law.81 The intention of the Act is to regulate, restrict or prohibit the following activities; importation, manufacture, processing, handling, storage, transportation, sale, use, and disposal of all unregulated chemical substances and mixtures in the Philippines, including the entry, even in transit, as well as the keeping or storage of hazardous and nuclear wastes into the country for whatever purpose.82

The Act shall be implemented by the keeping of an inventory of chemicals that are being imported, manufactured or used, indicating their existing and
possible uses, test date, names of the firms manufacturing and using them and such other information as may be considered relevant to the protection of health and the environment. Also, to monitor and regulate, the importation, manufacture, processing, handling, storage, transportation, sale, distribution, use of chemical substances and mixtures that present unreasonable risk or

78

See id. Sec.6
See id. Sec. 9
80
See id. Sec. 10
81
Rep. Act No. 6969
82
See id. Sec. 2 , 3
79

17

injury to health or to the environment in accordance with national policies and international commitments.83
Under the Act a chemical substance is defined as any organic or inorganic substance of a particular molecular identity, including; a) any combination of such substances occurring in whole or in part as a result of chemical reaction or occurring in nature, and b) any element or uncombined chemical. Hazardous waste are defined as substances which present either; a) short-term acute hazards, such as acute toxicity by ingestion, inhalation, or skin absorption, or other skin or eye contact hazards or the risk of fire or explosion; or b) long-term environmental hazards, including chronic toxicity upon repeated exposure, carcinogenicity, resistance to detoxification process such as biodegradation, the potential to pollute underground of surface waters, or aesthetically objectionable properties such as offensive odors. 84

The Act provides that the DENR’s functions, powers and responsibilities, shall include, but not be limited to the following;;
2. To keep an updated inventory of chemicals that presently being manufactured or used, indicating, their existing uses, quality and test data, and named o f the firms manufacturing them;
3. To require testing of chemical substances and mixtures that present an unreasonable risk of injury to health or to the environment either before they are being manufactured for the first time or presently being manufactured; 4. To evaluate the characteristics of chemicals that have been tested to determine their toxicity and the extent of their effects on health and the environment; 5. To enter into contracts and make grants for research, development, and monitoring of chemical substances and mixtures;

6. To conduct inspection of any establishment in which chemicals are manufactured, processed, stored, or held before after their commercial distribution; 7. To confiscate or impound chemicals not falling within said Act; and 8. To monitor and prevent the entry, even in transit, of hazardous and nuclear wastes and their disposal into the country.85

The DENR shall, within ninety (90) days from the date of filing of the notice of manufacture, processing, or importation of a chemical substance or mixture, decide whether or not to regulate or prohibit its importation, manufacture, processing, sale, distribution, use or disposal. The following chemical substances shall be exempt from notification;

a. those included in the categories of chemical substances and mixtures already listed in the inventory of existing chemicals;
b. those to be produced in small quantities solely for experimental or research and developmental purposes;
83

See id. Sec. 4
See id. Sec. 5
85

See id. Sec. 6
84

18

c. those that will not present an unreasonable risk to health and the environment; and d. those that exist temporarily and which have no human or environmental exposure. Such as those which exist as a result of chemical reaction in the manufacture or processing of a mixture or another chemical substance.86

Under the Act the following acts and omissions are prohibited and shall be considered unlawful:
A. Knowingly use a chemical substance or mixture which is imported, manufactured, processed, or distributed in violation of the Act or its implementing rules and regulations;
B. Failure or refusal to submit reports, notices, or other information, access records, as required by the Act, or permit inspection of establishments where chemicals are manufactured, processed, stored, or otherwise held;

C. Failure or refusal to comply with the pre-manufacture and pre-importation requirements; and
D. Cause, aid or facilitate directly or indirectly, in the storage, implementation or bringing into Philippine territory, including its maritime economic zones, even in transit, either by means of land, air or sea transportation or otherwise keeping in storage any amount of hazardous and nuclear wastes in the any part of the Philippines.87

The Act provides for criminal penalties and fines. For violations of prohibited acts A, B, and C stated above there shall be a penalty of imprisonment ranging from six months and one day to six years and a fine ranging form six hundred pesos (P600) to four thousand pesos (P4,000). The penalty for violation of prohibited act D stated above shall be a penalty of imprisonment ranging from twelve years and one day to twenty years. In the
case of a corporation, the penalties shall be imposed of the managing partner, president, or chief executive officer in addition to a fine of five hundred thousand pesos (P500,000).88

Energy
In 1992 the Department of Energy was created under the provisions of the Department of Energy Act of 1992.89 Under the Act the stated policy of the Philippines is to ensure a continuous, adequate, and economic supply of energy with the end of ultimately achieving self-reliance in the country’s energy requirements through the integrated and intensive exploration, production, management and development of the country’s indigenous energy resources and through the judicious conservation, renewal and efficient utilization of energy to keep pace with country’s growth and economic development, and to rationalize, integrate and coordinate the various programs of the 86

See id. Sec. 10, 11
See id. Sec. 13
88
See id. Sec. 14
89
Rep. Act No. 7638
87

19

government towards self-sufficiency and enhanced productivity in power energy without sacrificing ecological concerns.90
The Philippine national Oil Company (PNOC), the National Power Corporation (NPC) and the National Electrification Administration (NEA) are placed under the supervision of the Department of the Energy, but shall continue to perform their respective functions insofar as they are not inconsistent with the provisions of this Act.91 The Department’s powers and functions shall include the following; a.

Formulate policies for the planning and implementation of a
comprehensive program for the efficient supply and economical use of energy consistent with the approved national economic plan and with the policies on environmental protection and conservation and maintenance of ecological balance;

b.
Develop and update the existing Philippine energy program which shall provide for an integrated and comprehensive exploration, development, utilization, distribution and conservation of energy resources, with preferential bias for environment friendly, indigenous, and low-cost sources of energy;

c.
Establish and administer programs for the exploration,
transportation, marketing, distribution, utilization, conservation, stockpiling, and storage of energy resources of all forms, whether conventional or nonconventional;
d.
Regulate private sector activities relative to energy projects as provided for under existing laws. Provided. That the Department shall endeavor to provide for an environment conducive to free and active private sector participation and investment in all energy activities; and e.

Encourage private enterprises engaged in energy projects,
including corporations, cooperatives, and similar collective organizations to broaden the base of their ownership and thereby encourage the widest public ownership of energy-oriented corporations.92

Philippine Clean Air Act of 199993
The policy underlying the Act is that the State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature. The State shall promote and protect the global environment to attain sustainable development while recognizing the primary responsibility of local government units to deal with environmental problems. The State recognizes that the responsibility of cleaning the
habitat and environment is primarily area-based. Finally, the State 90

See id. Sec. 2
See id., Sec.13
92
See id. Sec. 5
93
Rep. Act No. 8749
91

20

recognizes that a clean and healthy environment is for the good of all and should therefore be the concern of all.94
The Act recognizes the following rights of citizens of the State; a. The right to breathe clean air;
b. The right to utilize and enjoy all natural resources according to the principle of sustainable development;
c.. The right to participate in the formulation, planning, implementation and monitoring of environmental policies and programs and in the decision-making process; d.. The right to participate in the decision-making process concerning development policies, plans and programs projects or activities that may have adverse impact on the environment and public health;

e. The right to be informed of the nature and extent of the potential hazard of any activity, undertaking or project and to be served timely notice of any significant rise in the level pollution and the accidental or deliberate release into the atmosphere of harmful or hazardous substances;

f. The right of access to public records which a citizen may need to exercise his or her rights effectively under this Act;
g. The right to bring action in court or quasi-judicial bodies to enjoin all activities in violation of environmental laws and regulations, to compel the rehabilitation and cleanup of area, and to seek the imposition of penal sanctions against violators of environmental laws; and

h. The right to bring action in court for compensation of personal damages resulting from the adverse environmental and public health impact of a project or activity.95 Air Quality Control Action Plan and Airsheds – Under the Act the DENR (The Department) is mandated to develop an Air Quality Control Action Plan. The action plan shall include enforceable emission limitations and other control measures, means or techniques, as well as schedules and time tables for compliance, as may be necessary or appropriate to meet the applicable requirements of the Act. The Action plan shall designate airsheds.96 The designation of airsheds shall be on the basis of, but not limited to, areas with similar climate, meteorology and topology which affect the interchange and diffusion of pollutants in the atmosphere, or areas which share common interest or face similar development programs, prospects or problems. For a more effective air quality management, a system of planning and coordination shall be established and a common 94

See id. Sec.2
See id. Sec. 4
96
See id. Sec. 8
95

21

action plan shall be formulated for each airshed. To effectively carry out the formulated action plans, a Governing Board is hereby created, hereinafter referred to as the Board. The Board shall be headed by the Secretary of the Department of Environment and Natural Resources as chairman. The members shall be as follows Provincial Governors from areas belonging to the airshed; City/Municipal Mayors from areas belonging to the airshed;

1. A representative from each concerned government agency;
2. Representatives from people’s organizations;
3. Representatives from non-government organizations; and

4. Representatives from the private sector.
The Board shall perform the following functions:
a. Formulation of policies;
b. Preparation of a common action plan;
c. Coordination of functions among its members; and
d. Submission and publication of annual Air Quality Status Report for each airshed. Upon consultation with appropriate local government authorities, the Department shall, from time to time, revise the designation of airsheds utilizing eco-profiling techniques and undertaking scientific studies.

Upon consultation with appropriate local government authorities, the Department shall, from time to time, revise the designation of airsheds utilizing eco-profiling techniques and undertaking scientific studies.

Emissions trading may be allowed among pollution sources within an airshed.97 National Ambient Air Quality Standards – The Act mandates that DENR shall issue ambient air quality standards The Department, in coordination with other concerned agencies, shall review and/or revise and publish annually a list of hazardous air pollutants with corresponding ambient guideline values and/or standard necessary to protect public health and safety, and general welfare. The initial list and values of the hazardous air pollutants shall be as follows:

a.For National Ambient Air Quality Guideline for Criteria Pollutants:

Short Terma
Pollutants
Suspended
Particulate
Matter aTSP

97

Ug/Ncm

230 d

Long Termb
Averaging
Averaging
ppm
Ug/Ncm ppm
Time
Time

24 hours

See id. Sec. 9

22

90

—

1 year c

PM-10
Sulfure
Dioxide c
Nitrogen
Dioxide
Photochemical
Oxidants
As ozone
Carbon
Monoxide
Lead g

150 f

1 year c

24 hours

60

—

180

0.07 24 hours

80

0.03 1 year

150

0.08 24 hours

—

—

—

140
60
35 mg/Ncm
10 mg/Ncm

0.07
0.03
30

9

1 hour
8 hours
1 hour
8 hours

—–

—–

—–

—

3 monthsg

1.0

—

1 year

1.5

a

Maximum limits represented by ninety-eight percentile (98%) values not to exceed more than once a year.
b
Arithmetic mean
c
SO2 and Suspended Particulate matter are sampled once every six days when using the manual methods. A minimum of twelve sampling days per quarter or forty-eight sampling days each year is required for these methods. Daily
sampling may be done in the future once continuous analyzers are procured and become available. d

Limits for Total Suspended Particulate Matter with mass median diameter less than 25-50 u.m.
e
Annual Geometric Mean
f
Provisional limits for Suspended Particulate Matter with mass median diameter less than 10 microns and below until sufficient monitoring data are gathered to base a proper guideline.
g
Evaluation of this guideline is carried out for 24-hour averaging time and averaged over three moving calendar months. The monitored average value for any three months shall not exceed the guideline value.

b) National Ambient Air Quality Standards for Source Specific Air Pollutants from Industrial Sources/Operations:

Averaging
Method of Analysis/
Time
Measurement3
(min).
ug/Ncm ppm 30
1. Ammonia
200
0.28 30
Nesselerization/Indo Phenol
0.01 5
Ticher Method
2. Carbon Disulfide 30
3. Chlorine and
Chlorine
compounds

100
0.03 30
Methyl Orange
Expressed
as Cl2
4. Formaldehyde
50
0.04 30
Chromotropic acid Method or MBTH
Pollutants1

Concentration2

23

Colorimetric Method
5. Hydrogen
200
Chloride
6. Hydrogen Sulfide 100
7. Lead
20
375
8. Nitrogen Dioxide
260
9. Phenol
100
470
10. Sulfur Dioxide
340
11. Suspended
Particulated
300
Matter- TSP
200

– PM10

0.13 30

Volhard Titration with Iodine Solution

0.07
0.20
0.20
0.14
0.03
0.18
0.13

30
30
30
60
30
30
60

Methylene Blue
AASc

—

60
60

Gravimetric-do-

Greiss-Saltzaman
4-Aminoantiphyrine
Colorimetric-Pararosaniline

1

Pertinent ambient standards for Antimony, Arsenic, Cadmium, Asbestos, Nitric Acid and Sulfuric Acid Mists in the 1978 NPCC Rules and Regulations may be considered as guides in determining compliance.

2
Ninety-eight percentile (98%) values of 30- minute sampling measured at 25¢ C and one atmosphere pressure
The basis in setting up the ambient air quality guideline values and standards shall reflect, among others the latest scientific knowledge including information on: 1. Variable factors, including atmospheric conditions, which of themselves or in combination with other factors may alter the effects on public health or welfare of such air pollutant;

2. The other types of air pollutants which may interact with such pollutant to produce an adverse effect on public health or welfare; and
3. The kind and extent of all identifiable effects on public health or welfare which may be expected from the presence of such pollutant in the ambient air, in varying quantities.
The Department shall base such ambient air quality standards on World Health Organization (WHO) standards, but shall not be limited to nor be less stringent than such standards.98
The DENR shall issue air quality control techniques developed through research and development programs. Such techniques shall include;
1. Best available technology and alternative methods of prevention, management and control of air pollution;
98

See id. Sec. 12

24

2. Best available technology economically achievable which shall refer to
the technological basis/standards for emission limits applicable to existing, direct industrial emitters of non-conventional and toxic pollutants; and

3. Alternative fuels, processes and operating methods which will result in the elimination or significant reduction of emissions.
Such information may also include data relating to the cost of installation and operation energy requirements, emission reduction benefits, and environmental impact or the emission control technology. The issuance of air quality guideline values, standards and information on air quality control techniques shall be made available to the general public: Provided, that the issuance of information on air quality control techniques shall not be construed as requiring the purchase of certain pollution control devices by the public.99

The Act provides that the DENR shall designate areas shall designate areas where specific pollutants have already exceeded ambient standards as non-attainment areas. The Department shall prepare and implement a program that will prohibit new sources of exceeded air pollutant without a corresponding reduction in existing sources.100 Pollution from Stationery Sources –The DENR within 2 years from the effective date of the Act and every two years thereafter, revise and publish emission standards, to further improve the emission standards, to further improve the emission standards for stationary sources of air pollution. Such emission standards shall be based on mass rate of emission for all stationary sources of air pollution based on internationally-accepted standards, but not be limited to, nor be less stringent than such standards and with the standards set forth in this section. The standards, whichever is applicable, shall be the limit on the acceptable level of pollutants emitted from a stationary source for the protection of the public’s health and welfare.

The standards shall not fall below the following limits, with respect to the concentration at the point of emission for any trade, industry, process and fuel-burning equipment or industrial plant emitting air pollutants::

Pollutants
1. Antimony and its
compounds
2. Arsenic and its compounds
3. Cadmium and its
compounds
4. Carbon Monoxide
99

Standard
Applicable
to Source

Maximum
Method of
Permissible
Analysisa
Limits (mg/Ncm)

Any source

10 as Sb

AASb

Any source

10 as As

AASb

Any source

10 as Cd

AASb

Any industrial

500 as CO

Orsat Analysis

See id. Sec. 11
See id. Sec. 10

100

25

Source
Any industrial
5. Copper and its compounds
Source
Any source other
than
6. Hydrofluoric Acids and
the manufacture of
Fluoride
Aluminum from
Alumina
i) Geothermal
power
plants
ii)Geothermal
exploration and
7. Hydrogen Sulfide
welltesting
iii) Any source
other

than (i) and (ii)
Any trade,
8. Lead
industry
or Process
9. Mercury

Any source

11. NO2

12. PhosphorusPentoxideg
13. Zinc and its compounds

AASb

50 as HF

Titration with
Ammonium

c, d,
e
7 as H2S

Cadmium Sulfide

10 as Pb

AASb

AASb/
Cold Vapor
5 as elemental Hg
Technique or HG

Analyzer
Phenol-disulfunic
20 as Ni
acid Method

Any source

10.Nickel and its compound
Nickel Carbonyl

100 as Cu

i) Manufacture of
Nitric Acide
ii) Fuel burning
steam
generators
Existing
Source
New Source
* Coal Fired
* Oil-Fired
Any source
Any source

a

2000 as acid and
NO2
Phenol-disulfonic
and calculated as NO2
acid Method
1,500 as NO2
Phenol-disulfonic
acid Method

1,000 as NO2
500 as NO2
200 as P2O5
100 as Zn

Spectrophotometry
AAS

Other equivalent methods approved by the Department may be used Atomic Absorption Spectrophotametry
c
All new geothermal power plants starting construction by 01 January 1995 shall control HgS emissions to not more than 150 g/GMW-Hr
b

26

d

All existing geothermal power plants shall control HaS emissions to not more than 200 g/GMW-Hr. within 5 years from the date of effectivity of these revised regulations. e
Best practicable control technology for air emissions and liquid discharges. Compliance with air and water quality standards is required.
f
Emission limit of Nickel Carbonyl shall not exceed 0.5 mg/Ncm. g
Provisional Guideline
Provided, that the maximum limits in mg/Ncm particulates in sad sources shall be: 1. Fuel Burning Equipment
150 mg/Ncm
a. Urban or Industrial Area
200 mg/Ncm
b. Other area
2. Cement Plants(Kilns, etc.) 150 mg/Ncm
3. Smelting Furnaces

150 mg/Ncm
a
4. Other Stationary Sources 200 mg/Ncm
Other Stationary Sources means a trade, process, industrial plant, or fuel burning equipment other than thermal power plants, industrial boilers, cement plants, incinerators and smelting furnaces
Provided further, that the maximum limits for sulfur oxides in said sources shall be: (1) Existing Sources
2.0 gm. Ncm as SO3
(i) Manufacture of Sulfuric Acid and Sulf)on)ation
Process
1.5 gm. Ncm as SO3
(ii) Fuel Burning Equipment
1.0 gm. Ncm as SO3
(iii) Other Stationary Sourcesa
(2) New Sources
1.5 gm. Ncm as SO3
(i) Manufacture of Sulfuric Acid and Sul(on)tion
Process
0.7 gm. Ncm as SO3
(ii) Fuel Burning Equipment
0.2 gm. Ncm as SO3
(iii) Other Stationary Sourcesa
a

Other Stationary Sources refer to existing and new stationary sources other than those caused by the manufacture of sulfuric acid and sulfonation process, fuel burning equipment and incineration.101

Permits – the Department shall have the authority to issue permits as it may determine necessary for the prevention and abatement of air pollution. Said permits shall cover emission limitations for the regulated air pollutants to help attain and maintain the ambient air quality standards.102 Violations of the standards the PAB shall impose a fine of not more than one hundred thousand pesos (P100,000) a day for every day against an owner or operator
of a stationery source until such time that the standards have been 101

102

See id. Sec. 19
See id. Sec. 16

27

complied with. For purposes of the application of the fines, the PAB shall prepare a fine rating system to adjust the maximum fine based on the violator’s ability to pay, degree of willfulness, degree of negligence, history of noncompliance and degree of recalcitrance: Provided, That in case of negligence, the first time offender’s ability to pay may likewise be considered by the Pollution Adjudication Board: Provided, further, That in the absence of any extenuating or aggravating circumstances, the amount of fine for negligence shall be equivalent to one-half of the fine for willful violation.103 Emission Charge System -The Department, in case of industrial dischargers, and the Department of Transportation and Communications (DOTC), in case of motor vehicle dischargers, shall based on environmental techniques, design, impose on and collect regular emission fees from said dischargers as part of the emission permitting system or vehicle registration renewal system, as the case may be.104

Emission Standards for Motor Vehicles – the Act provides that the DOTC shall implement minimum emission standards for all vehicles (the standards are detailed in the Act). The standards are to be effective by 2003 and revised every two years. Motor vehicles shall be inspected and their emission tested for compliance with the standards. Vehicles not in compliance will not have their registrations renewed.105 Any imported new or locally-assembled new motor vehicle shall not be registered unless it complies with the emission standards set pursuant to this Act, as evidenced by a Certificate of Conformity (COC) issued by the Department.106

Air Quality Management Fund – An Air Quality Management Fund to be
administered by the Department as a special account in the National Treasury is hereby established to finance containment, removal, and clean-up operations of the Government in air pollution cases, guarantee restoration of ecosystems and rehabilitate areas affected by the acts of violators of this Act, to support research, enforcement and monitoring activities and capabilities of the relevant agencies, as well as to provide technical assistance to the relevant agencies. Such fund may likewise be allocated per airshed for the undertakings herein stated.

The Fund shall be sourced from the fines imposed and damages awarded to the Republic of the Philippines by Pollution Adjudication Board (PAB), proceeds of licenses and permits issued by the Department under this Act, emission fees and from donations, endowments and grants in the forms of contributions. Contributions to the Fund shall be exempted from donor taxes and all other taxes, charges or fees imposed by the Government. 107

103

See id. Sec. 45
See id. Sec. 13
105
See id. Sec. 21
106
See id. Sec. 22
107
See id. Sec. 14
104

28

Citizen Suits – for purposes of enforcing the provisions of the Act or its implementing rules and regulations, any citizen may file an appropriate civil, criminal or administrative action in the proper courts against: Any person who violates or fails to comply with the provisions of this Act or its implementing rules and regulations; or The Department or other
implementing agencies with respect to orders, rules and regulations issued inconsistent with this Act.108

Ozone Depletion and Greenhouse Gases – consistent with the terms and conditions of the Montreal Protocol on Substances that Deplete the Ozone Layer and other international agreements and protocols to which the Philippines is a signatory, the Department shall phase out ozone-depleting substances. Within sixty (60) days after the enactment of this Act, the Department shall publish a list of substances which are known to cause harmful effects on the stratospheric ozone layer.109 The Philippine Atmospheric, Geophysical and Astronomical Service Administration (PAGASA) shall regularly monitor meteorological factors affecting environmental conditions including ozone depletion and greenhouse gases and coordinate with the Department in order to effectively guide air pollution monitoring and standard- setting activities.

The Department, together with concerned agencies and local government units, shall prepare and fully implement a national plan consistent with the United Nations Framework Convention on Climate Change and other international agreements, conventions and protocols on the reduction of greenhouse gas emissions in the country.110 Philippine Clean Water Act of 2004111

The policy and coverage of the Act shall be 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. To achieve this end, the framework for sustainable development shall be pursued.112 The Act shall apply to water quality management in all water bodies. The Act shall primarily apply to the abatement and control of pollution from land based sources, and that the water quality standards and regulations and the civil liability and penal provisions under this Act shall be enforced irrespective of sources of pollution.113

Water Quality Management Area – The DENR (the Department) in coordination with National Water Resources Board (NWRB) shall designate certain areas as water quality management areas using appropriate physiographic units such as
watershed, river basins or water resources 108

See id. Sec. 41
See id. Sec. 30
110
See id. Sec. 31
111
Rep. Act No. 9275
112
See id. Sec. 2
113
See id. Sec. 3
109

29

regions. Said management areas shall have similar hydrological, hydrogeological, meteorological or geographic conditions which affect the physicochemical, biological and bacteriological reactions and diffusions of pollutants in the water bodies, or otherwise share common interest or face similar development programs, prospects or problems.

Said management area shall be governed by a governing board composed of representatives of mayors and governors of member local government units (LGUs), and representatives of relevant national government agencies, duly registered non-governmental organization, water utility sector, and business sector. The Department representative shall chair the governing board. In the case of the LGUs with memberships on more than one (1) management board, the LGU shall designate only one (1) single representative for all the management areas wherein is a member.114

Management of Non-attainment Areas – The Department shall designate water bodies, or portions thereof, where specific pollutants from either natural or man-made source have already exceeded water quality guidelines as nonattainment areas for the exceeded pollutants. It shall prepare and
implement a program that will not allow new sources of exceeded water pollutant in non-attainment areas without a corresponding reduction in discharges from existing sources; Provided, That if the pollutant is naturally occurring, e.g. naturally high boron and other elements in geothermal areas, discharge of such pollutant may be allowed: Provided, further, That the effluent concentration of discharge shall not exceed the naturally occurring level of such pollutant in the area: Provided, finally, That the effluent concentration and volume of discharge shall not adversely affect water supply, public health and ecological protection.115

National Sewage and Septage Management Program – The Department of Public Works and Highways (DPWH) through its relevant attached agencies, in coordination with the Department, local government units (LGUs) and other concerned agencies, shall, as soon as possible, but in no case exceeding a period of twelve (12) months from the affectivity of this Act, prepare a national program on sewerage and septage management in connection with Section 8 hereof.

Such program shall include a priority listing of sewerage, septage and combined sewerage-septage projects for LGUs based on population density and growth, degradation of water resources, topography, geology, vegetation, program/projects for the rehabilitation of existing facilities and such other 114

115

See id. Sec. 5
See id. Sec 6

30

factors that the Secretary may deem relevant to the protection of water quality. On the basis of such national listing, the national government may allot, on an annual basis, funds for the construction and rehabilitation of required facilities.

Each LGU shall appropriate the necessary land, including the required rights-of-way/road access to the land for the construction of the sewage and/or septage treatment facilities.
Each LGU may raise funds to subsidize necessary expenses for the operation and maintenance of sewerage treatment or septage facility servicing their area of jurisdiction through local property taxes and enforcement of a service fee system.116

National Water Quality Management Fund- a fund, to be administered by the Department in coordination with other concerned agencies, as a special account in the National Treasury is hereby established. The fund shall be used to finance the following:

a)

Finance containment and clean-up operations of the government in water pollution cases;

b)

Guarantee restoration of ecosystems and rehabilitation of affected areas;

c)

Support research, enforcement and monitoring activities;

d)

Provide technical assistance to the implementing agencies;

e)

Grant rewards and incentives;

f)

Support information and educational campaign; and

g)

Such other disbursements made solely for the prevention, control or abatement of water pollution and management and administration of the management areas in the amounts authorized by the
Department.117

Effluent Standards by Industry Sector -Within twenty-four (24) months from the effectivity of this Act, and every two (2) years thereafter, the Department shall, through due public consultation, revise and publish a list of categories of industry sector for which effluent standards will be provided for each significant wastewater parameter per industry sector.

116
117

See id. Sec. 7
See id. Sec. 8

31

The Department shall provide additional classification based on other parameters specifically associated to discharge of a particular industry which shall be included in the listing of categories prescribed in the preceding paragraph.118 Wastewater Charge System and Discharge Permits – The Department shall implement a wastewater charge system in all management areas including the Laguna Lake Region and Regional Industrial Centers through the collection of wastewater charges/fees. The system shall be established on the basis of payment to the government for discharging wastewater into the water bodies. The fee shall be based on the net waste load depending on the wastewater, charge formula which shall be established
with due public consultation within six (6) months from the effectivity of this Act: Provided, That net waste load shall refer to the difference of the initial waste load of the abstracted water and the waste load of the final effluent discharge of an industry: Provided, further, That no net waste load shall be lower than the initial waste load: Provided, finally, That wastewater charge system shall not apply to wastewater from geothermal exploration.119

The Department shall require owners or operators of facilities that discharge regulated effluents pursuant to this Act to secure a permit to discharge. The discharge permit shall be the legal authorization granted by the Department to discharge wastewater: Provided, that the discharge permit shall specify among others, the quantity and quality of effluent that said facilities are allowed to discharge into a particular water body, compliance schedule and monitoring requirement. As part of the permitting procedure, the Department shall encourage the adoption of waste minimization and waste treatment technologies when such technologies are deemed cost effective.120 Financial Liability Mechanism – The Department shall require program and project proponents to put up environmental guarantee fund (EGF) as part of the environmental management plan attached to the environmental compliance certificate (ECC) pursuant to Presidential Decree No. 1586 and its implementing rules and regulations. The EGF shall finance the maintenance of the health of the ecosystems and specially the conservation of watersheds and aquifers affected by the development, and the needs of emergency response, clean-up or rehabilitation of areas that may be damaged during the program’s or project’s actual implementation. Liability for damages shall continue even after the termination of a program or project and, until the lapse of a given period indicated in the environmental compliance certificate, as determined by the Department. The EGF may be in the form of a trust fund, environmental insurance, surety bonds, letters of 118

See id. Sec. 12
See id. Sec. 13
120
See id. Sec 14

119

32

credit, self-insurance and any other instruments which may be identified by the Department. The choice of the guarantee instrument or combinations thereof shall depend, among others, on the assessment of the risks involved and financial test mechanisms devised by the Department. Proponents required to put up guarantee instruments shall furnish the Department with evidence of availment of such instruments from accredited financial instrument providers.121

Notwithstanding the above paragraph, any person who causes pollution in or pollutes water bodies in excess of the applicable and prevailing standards shall be responsible to contain, remove and clean-up any pollution incident at his own expense to the extent that the same water bodies have been rendered unfit for utilization and beneficial use: Provided, That in the event emergency clean-up operations are necessary and the polluter fails to immediately undertake the same, the Department in coordination with other government agencies concerned, shall conduct containment, removal and clean-up operations. Expenses incurred in said operations shall be reimbursed by the persons found to have caused such pollution upon proper administrative determination in accordance with this Act. Reimbursements of the cost incurred shall be made to the Water Quality Management Fund or to such other funds where said disbursements were sourced. 122 Responsibilities of the DENR – The Department shall be the primary government agency responsible for the implementation and enforcement of the Act unless otherwise provided herein. As such, it shall have the following functions, powers and responsibilities:

a)

Prepare a National Water Quality Status Report within twenty-four (24) months from the effectivity of this Act: Provided, that the Department shall thereafter review or revise and publish annually, or as the need arises,
said report;

b)

Prepare an Integrated Water Quality Management Framework within twelve (12) months following the completion of the status report;

c)

Prepare a ten (10) year Water Quality Management Area Action Plan within twelve (12) months following the completion of the framework for each designated water management area. Such action plan shall be reviewed by the water quality management area governing board every five (5) years or as need arises;

121
122

See id. Sec. 15
See id. Sec. 16

33

d)

Prepare and publish a national a national groundwater vulnerability map incorporating the prevailing standards and methodologies, within twenty four (24) months after the effectivity of this Act;

e)

Enforce, review and revise within twelve (12) months from the effectivity of this Act water quality guidelines after due consultation with the concerned stakeholder sectors: Provided, that the
Department, in coordination with appropriate agencies shall review said
guidelines every five (5) years or as need arises;

f)

Review and set effluent standards every five (5) years from the effectivity of this Act or sooner as determined by the Department. Provided, that in the interim, the provisions of DENR Administrative Order No. 35 of the Department shall apply: Provided, further, That when new and more stringent standards are set in accordance with this section, the Department may establish a grace period with a maximum of five (5) years: Provided, finally, That such grace period shall be limited to the moratorium on the issuance of cease and desist and/or closure order against the industry’s operations except in the event such operation poses serious and grave threat to the

environment, or the industry fails to institute retooling, upgrading or establishing an environmental management system (EMS).

g)

Establish within twelve (12) months from the effectivity of this Act, internationally-accepted procedures for sampling and analysis of pollutants and in coordination with other concerned agencies, formulate testing procedures and establish an accreditation system for laboratories;

h)

Within eighteen (18) months from the effectivity of this Act and every two (2) years thereafter, categorize point and non-point sources of water pollution;

i)

Classify groundwater sources within twelve (12) months from the effectivity of this Act;

j)

Classify or reclassify all water bodies according to their beneficial usages: Provided, that in the interim, the provisions of DENR Administrative Order No. 34 shall apply: Provided, further, that such classification or reclassification shall take into consideration the operation of businesses or facilities that are existing prior to the effectivity of the Act: Provided, furthermore, that the Department may authorize the use of the water for other purposes that are more restrictive in classification: Provided, finally, That discharges

34

resulting from such use shall meet the effluent standards set by the Department;
k)

Exercise jurisdiction over all aspects of water pollution, determine its location, magnitude, extent, severity, causes, effects and other pertinent information on pollution, and to take measures, using available methods and technologies to prevent and abate such pollution;

l)

Exercise supervision and control over all aspects of water quality management;

m)

Establish a cooperative effort in partnership with the government, LGUs, academic institutions, civil society and the private sector to attain the objectives of this Act;

n)

Disseminate information and conduct educational awareness and value formation programs and campaigns on the effects of water pollution on health and environment, water quality management, and resource conservation and recovery to encourage an environmentally actionoriented society in coordination with government agencies identified in Section 22 (f);

o)

Promote and encourage private and business sectors especially manufacturing and processing plants the use of water quality management systems equipment, including but not limited to,
industrial wastewater treatment collection and treatment facilities;

p)

Report, on an annual basis, to Congress the quality status of water bodies and other pertinent information and recommend possible legislation, policies and programs for environmental management and water pollution control;

q)

Issue rules and regulations for the effective implementation of the provisions of this Act;

r)

Issue orders against any person or entity and impose fines, penalties and other administrative sanctions to compel compliance with water quality the provisions of this Act;

s)

Undertake appropriate protocol with other concerned agencies for immediate coordinated responses to water related emergency
incidents;

t)

Issue permits, clearances and similar instruments pursuant to this Act; and

35

u)

Exercise such powers and perform such other functions as may be necessary to carry out the objectives of this Act

The Department shall gradually devolve to the LGUs, and to the governing boards the authority to administer some aspects of water quality management and regulation, including, but not to be limited to, permit issuance, monitoring and imposition of administrative penalties, when, upon the Department’s determination, the LGU or the governing board has demonstrated readiness and technical capability to undertake such functions. 123

Prohibited Acts – Under the Act the following acts are hereby prohibited: a)

Discharging, depositing or causing to be deposited material of any kind directly or indirectly into the water bodies or along the margins of any surface water, where, the same shall be liable to be washed into such surface water, either by tide action or by storm, floods or otherwise, which could cause water pollution or impede natural flow in the water body;

b)

Discharging, injecting or allowing to seep into the soil or sub-soil any substance in any form that would pollute groundwater. In the case of geothermal projects, and subject to the approval of the Department, regulated discharge for short- term activities (e.g., well testing, flushing, commissioning, venting) and deep re-injection of geothermal liquids may be allowed: Provided, That safety measures are adopted to
prevent the contamination of the groundwater;

c)

Operating facilities that discharge regulated water pollutants without the valid required permits or after the permit was revoked for any violation of any condition therein;

d)

Disposal of potentially infectious medical waste into sea water by vessels unless the health or safety of individuals on board the vessel is threatened by a great and imminent peril;

e)

Unauthorized transport or dumping into sea waters of sewage sludge or solid waste as defined under Republic Act No. 9003 (Ecological Solid Waste Act of 2000);

f)

Transport, dumping or discharge of prohibited chemicals, substances or pollutants listed under Republic Act No. 6969 (Toxic Substances and Hazardous and Nuclear Waste Control Act of 1990);

123

See id. Sec.19

36

g)

Operate facilities that discharge or allow to seep, willfully or through
gross negligence, prohibited chemicals, substances or pollutants listed under Republic Act No. 6969 into water bodies or wherein the same shall be liable to be washed into such surface, ground, coastal, and marine water;

h)

Undertaking activities or development and expansion of projects, or operating wastewater/sewerage facilities in violation of Presidential Decree No. 1586 and its implementing rules, and regulations;

i)

Discharging regulated water pollutants without the valid required discharge permit pursuant to this Act or after the permit was revoked for any violation of condition therein;

j)

Non-compliance of the LGU with the Water Quality Framework and Management Area Action Plan. In such a case, sanctions shall be imposed on the local government officials concerned;

k)

Refusal to allow entry, inspection and monitoring by the Department in accordance with this Act;

l)

Refusal to allow access by the Department to relevant reports and records in accordance with this Act;

m)

Refusal or failure to submit reports whenever required by the Department in
accordance with this Act;

n)

Refusal or failure to designate pollution control officers whenever required by, the Department in accordance with this Act; and

o)

Directly using booster pumps in the distribution system or tampering with the water supply in such a way as to alter or impair the water quality.124

Penalties – Unless otherwise provided herein, any person who commits any of the prohibited acts provided in the immediately preceding section or violates any of the provision of this Act or its implementing rules and regulations, shall be fined by the Secretary, upon the recommendation of the PAB in the amount of not less than Ten thousand pesos (P 10,000.00) nor more than Two hundred thousand pesos (P 200,000.00) for every day of violation. The fines herein prescribed shall be increased by ten percent (10%) every two (2) years to compensate for inflation and to maintain the deterrent function of such 124

See id. Sec. 27

37

fines: Provided, That the Secretary, upon recommendation of the PAB may order the closure, suspension of development or construction, or cessation of operations or, where appropriate disconnection of water supply, until such time that proper environmental safeguards are put in place and/or compliance with this Act or its rules and regulations are undertaken. This paragraph shall be without prejudice to the issuance of an ex parte order for such closure, suspension of development or construction, or cessation of operations during the pendency of the case.

Failure to undertake clean-up operations, willfully, or through gross negligence, shall be punished by imprisonment of not less than two (2) years and not more than four (4) years and a fine not less than Fifty thousand pesos (P 50,000.00) and not more than One hundred thousand pesos (P 100,000.00) per day for each day of violation. Such failure or refusal which results in serious injury or loss of life and/or irreversible water contamination of surface, ground, coastal and marine water shall be punished with imprisonment of not less than six (6) years and one day and not more than twelve (12) years, and a fine of Five Hundred Thousand Pesos (P 500,000.00) per day for each day during which the omission and/or contamination continues.125

Philippine Fisheries Code of 1998126
The declared policy of Act is, in part; (a) to achieve food security as the overriding consideration in the utilization, management, development, conservation and protection of fishery resources in order to provide the food needs of the population. A flexible policy towards the attainment of food security shall be adopted in response to changes in demographic trends for fish, emerging trends in the trade of fish and other aquatic products in domestic and international markets, and the law of supply and demand; and (b) to ensure the rational and sustainable development, management and conservation of the fishery and aquatic resources in Philippine waters including the Exclusive Economic Zone (EEZ) and in the adjacent high seas, consistent with the primordial objective of maintaining a sound ecological balance, protecting and enhancing the quality of the environment.127

The scope of the Act is broad, the provisions of the Act shall be enforced in (a) all Philippine waters including other waters over which the Philippines has sovereignty and jurisdiction, and the country’s 200-nautical mile Exclusive Economic Zone (EEZ) and continental shelf;

125

See id. Sec. 28
Rep. Act No. 8550

127
See id. Sec. 2
126

38

(b) all aquatic and fishery resources whether inland, coastal or offshore fishing areas, including but not limited to fishponds, fishpens/cages; and
(c) all lands devoted to aquaculture, or businesses and activities relating to fishery, whether private or public lands.128
The use and exploitation of the fishery and aquatic resources in Philippine waters shall be reserved exclusively to Filipinos: Provided, however, that research and survey activities may be allowed under strict regulations, for purely research, scientific, technological and educational purposes that would also benefit Filipino citizens.129 The use of fishponds shall be regulated by a Fishpond lease agreements (FLA) for which a rental shall be charged. A fishpond is defined as a land-based facility enclosed with earthen or stone material to impound water for growing fish. Commercial fishing boat licenses (CFBL) Licenses shall be issued for commercial fishing vessels. The FLA and CFBL shall be administered by the Department of Agriculture (The Department).130 The Secretary may prescribe limitations or quota on the total quantity of fish captured, for a specified period of time and specified area based on the best available evidence. Such a catch ceiling may be imposed per species of fish whenever necessary and practicable.131

The Secretary may declare, through public notice in at least two (2) newspapers of general circulation or in public service announcements, whichever is applicable, at least five (5) days before the declaration, a closed season in any or all Philippine waters outside the boundary of municipal waters and in bays, for conservation and ecological purposes. The Secretary may include waters under the jurisdiction of special agencies, municipal waters and bays, and/or other areas reserved for the use of the municipal fisherfolk in the area to be covered by the closed season. 132 The municipal/city government shall have jurisdiction over municipal waters as
defined in this Code. The municipal/city government, in consultation with the Fisheries and Aquatic Resources Management Councils (FARMC), as established under this Act, shall be responsible for the management, conservation, development, protection, utilization, and disposition of all fish and fishery/aquatic resources within their respective municipal waters.133

Public lands such as tidal swamps, mangroves, marshes, foreshore lands and ponds suitable for fishery operations shall not be disposed or alienated. Upon effectivity of this 128

See id. Sec. 3
See id. Sec. 5
130
See id. Sec. 6
131
See id. Sec. 8
132
See id. Sec. 9
133
See id. Sec 16
129

39

Code, FLA may be issued for public lands that may be declared available for fishpond development primarily to qualified fisherfolk cooperatives/associations: Provided, however, that upon the expiration of existing FLAs the current lessees shall be given priority and be entitled to an extension of twenty-five (25) years in the utilization of their respective leased areas. Thereafter, such FLAs shall be granted to any Filipino citizen with preference, primarily to qualified fisherfolk cooperatives/associations as well as small and medium enterprises as defined under Republic Act No. 8289: Provided, further, That the Department shall declare as reservation, portions of available public lands certified as suitable for fishpond purposes for fish sanctuary, conservation, and ecological purposes: Provided, finally, That two (2) years after the approval of this Act, no fish pens or fish cages or fish traps shall be allowed in lakes.134

Aquatic pollution, as defined in this Act shall be unlawful. Violation of this provision shall be punished by imprisonment of six (6) years and one (1) day to twelve (12) years and/or a fine of Eighty thousand pesos (P80,000.00) plus an additional fine of Eight thousand pesos (P8,000.00) per day until such violation ceases and the fines paid.135 Under the Act aquatic pollution is defined as the introduction by human or machine, directly or indirectly, of substances or energy to the aquatic environment which result or is likely to result in such deleterious effects as to harm living and non-living aquatic resources, pose potential and/or real hazard to human health, hindrance to aquatic activities such as fishing and navigation, including dumping/disposal of waste and other marine litters, discharge of petroleum or residual products of petroleum or carbonaceous materials/substances, and other, radioactive, noxious or harmful liquid, gaseous or solid substances, from any water, land or air transport or other human-made structure. Deforestation, unsound agricultural practices such as the use of banned chemicals and excessive use of chemicals, intensive use of artificial fish feed, and wetland conversion, which cause similar hazards and deleterious effects shall also constitute aquatic pollution.136

No person shall exploit, occupy, produce, breed, culture, capture or gather fish, fry or fingerlings of any fishery species or fishery products, or engage in any fishery activity in Philippine waters without a license, lease or permit. Discovery of any person in an area where he has no permit or registration papers for a fishing vessel shall constitute a prima facie presumption that the person and/or vessel is engaged in unauthorized fishing: Provided, That fishing for daily food sustenance or for leisure which is not for commercial, occupation or livelihood purposes may be allowed. It shall be unlawful for any commercial fishing vessel to fish in bays and in such other fishery management areas which may hereinafter be declared as over-exploited. Any commercial fishing boat captain or the three
(3) highest officers of the boat who commit any of the above prohibited acts upon conviction shall be punished by a fine equivalent to the value of catch or Ten thousand pesos (P10,000.00) whichever is higher, and imprisonment of six

134

See id. Sec 45
See id. Sec. 102
136
See id. Sec 2
135

40

(6) months, confiscation of catch and fishing gears, and automatic revocation of license.137
It shall be unlawful for any foreign person, corporation or entity to fish or operate any fishing vessel in Philippine waters. The entry of any foreign fishing vessel in Philippine waters shall constitute a prima facie evidence that the vessel is engaged in fishing in Philippine waters. Violation of the above shall be punished by a fine of One hundred thousand U.S. Dollars (US$100,000.00), in addition to the confiscation of its catch, fishing equipment and fishing vessel: Provided, That the Department is empowered to impose an administrative fine of not less than Fifty thousand U.S. Dollars (US$50,000.00) but not more than Two hundred thousand U.S. Dollars (US$200,000.00) or its equivalent in the Philippine Currency.138

Ecological Solid Waste Management Act of 2000139
Under the Act the declared the policy of the State is to adopt a systematic, comprehensive and ecological solid waste management program which shall:
(a) Ensure the protection of public health and environment;
(b) Utilize environmentally-sound methods that maximize the utilization of valuable resources and encourage resources conservation and recovery; (c) Set guidelines and targets for solid waste avoidance and volume reduction
through source reduction and waste minimization measures, including composing, recycling, re-use, recovery, green charcoal process, and others, before collection, treatment and disposal in appropriate and environmentallysound solid waste management facilities in accordance with ecologically sustainable development principles;

d) Ensure the proper segregation, collection, transport, storage, treatment and disposal of solid waste through the formulation and adoption of the best environmental practices in ecological waste management excluding incineration;

(e) Promote national research and development programs for improved solid waste management and resource conservation techniques, more effective institutional arrangement and indigenous and improved methods of waste reduction, collection, separation and recovery.

(f) Encourage greater private sector participation in solid waste management; (g) Retain primary enforcement and responsibility of solid waste management with local government units while establishing a cooperative effort among the national government, other local government units, non-government organizations, and the private sector;

(h) Encourage cooperation and self-regulation among waste generators through the application of market-based instruments;
(i) Institutionalize public participation in the development and implementation of 137

See id. Sec. 86
See id. Sec. 87
139
Rep. Act No, 9003
138

41

national and local integrated, comprehensive and ecological waste management programs; and
(j) Strengthen the integration of ecological solid waste management and resource conservation and recovery topics into the academic curricula of formal and non-formal education in order to promote environmental awareness and action among the citizenry.140

Under the Act a National Solid Waste Management Commission is established (hereinafter referred to as the Commission), under the Office of the President. The Commission shall be composed of fourteen (14) members from the government sector and three (3) members from the private sector.141 The Commission shall oversee the implementation of solid waste management plans and prescribe policies to achieve the objectives of this Act. The functions of the commission shall include the following: (a) Prepare the National Solid Waste Management Framework;

(b) Approve local solid waste management plans in accordance with its rules and regulations; (c) Review and monitor the implementation of local solid waste management plans; and (d) Coordinate the operation of local solid waste management boards in the provincial and city/municipal levels. 142 Pursuant to the provisions of the Local Government Code, the local government units (LGUs) shall be primarily responsible for the implementation and enforcement of the provisions of the Act within their respective jurisdictions. Segregation and collection of solid waste shall be conducted at the barangay level specifically for biodegradable, compostable and reusable wastes: Provided, that the collection of non-recyclable materials and special wastes shall be the responsibility of the municipality or city.143 The DENR, in coordination with the LGUs, shall be responsible for the establishment of the guidelines for the accurate characterization of wastes including determination of whether or not wastes will be compatible with containment features and other wastes, and whether or not wastes are required to be managed as hazardous wastes under R.A. 6969, otherwise known as the Toxic Substances and Hazardous and Nuclear Waste Control Act.144 Each LGU plan shall include an implementation schedule which shows that within five (5) years after the effectivity of this Act; the LGU shall divert at least 25% of all solid waste from waste disposal facilities through re-use, recycling, and composting activities and other resource recovery activities: Provided, that the waste diversion goals shall be increased every three (3) years thereafter: Provided, further, that nothing in this

140

See id. Sec. 2
See id. Sec. 4
142
See id. Sec. 5
143
See id. Sec. 10
144
See id. Sec. 19
141

42

Section prohibits a local government unit from implementing re-use, recycling, and composting activities designed to exceed the goal.145
The LGUs shall evaluate alternative roles for the public and private sectors in providing collection services, type of collection system, or combination of systems, that best meet their needs: Provided, that segregation of wastes shall primarily be conducted at the source, to include household, institutional, industrial, commercial and agricultural sources. Wastes shall be segregated into the categories provided in Section 22 of this Act.

For premises containing six (6) or more residential units, the local government unit shall promulgate regulations requiring the owner or person in charge of such premises to:
(a) provide for the residents a designated area and containers in which to accumulate source separated recyclable materials to be collected by the
municipality or private center; and
(b) notify the occupants of such buildings of the requirements of this Act and the regulations promulgated pursuant thereto.146

The following shall be the minimum standards and requirements for segregation and storage of solid waste pending collection:
(a) There shall be a separate container for each type of waste from all sources: Provided, that in the case of bulky waste, it will suffice that the same be collected and placed in a separate and designated area; and

(b) The solid waste container depending on its use shall be properly marked or identified for on-site collection as “compostable”, “non-recyclable”, “recyclable” or “special waste”, or any other classification as may be determined by the Commission.147 No open dumps shall be established and operated, nor any practice or disposal of solid waste by any person, including LGUs, which constitutes the use of open dumps for solid waste, be allowed after the effectivity of this Act: Provided, That within three (3) years after the effectivity of this Act, every LGU shall convert its open dumps into controlled dumps, in accordance with the guidelines set in Section 41 of the Act: Provided, further, that no controlled dumps shall be allowed five (5) years following effectivity of this Act. 148

No person shall commence operation, including site preparation and construction of a new solid waste management facility or the expansion of an existing facility until said

145

See id. Sec. 20
See id. Sec. 21
147
See id. Sec. 22
148
See id. Sec. 37
146

43

person obtains an Environmental Compliance Certificate (ECC) from the Department pursuant to P.D. 1586 and other permits and clearances from concerned agencies.149 Under the Act, the following acts are prohibited:

(1) Littering, throwing, dumping of waste matters in public places, such as roads, sidewalks, canals, esteros or parks, and establishment, or causing or permitting the same; (2) Undertaking activities or operating, collecting or transporting equipment in violation of sanitation operation and other requirements or permits set forth in or established pursuant to this Act;

(3) The open burning of solid waste;
(4) Causing or permitting the collection of non-segregated or unsorted waste; (5) Squatting in open dumps and landfills;
(6) Open dumping, burying of biodegradable or non-biodegradable materials in flood-prone areas;
(7) Unauthorized removal of recyclable material intended for collection by authorized persons;
(8) The mixing of source-separated recyclable material with other solid waste in any vehicle, box, container or receptacle used in solid waste collection or disposal; (9) Establishment or operation of open dumps as enjoined in this Act, or closure of said dumps in violation of Sec. 37;

(10) The manufacture, distribution or use of non-environmentally acceptable packaging materials;
(11) Importation of consumer products packaged in non-environmentally acceptable materials;
(12) Importation of toxic wastes misrepresented as “recyclable” or “with recyclable content”;
(13) Transport and dumping in bulk of collected domestic, industrial, commercial and institutional wastes in areas other than centers of facilities prescribed under this Act; (14) Site preparation, construction, expansion or operation of waste management facilities without an
Environmental Compliance Certificate required pursuant to Presidential Decree No. 1586 and this Act and not conforming with the land use plan of the LGU;

(15) The construction of any establishment within two hundred (200) meters from open dumps or controlled dumps or sanitary landfills; and
(16) The construction or operation of landfills or any waste disposal facility on any aquifer, groundwater reservoir or watershed area and or any portions thereof.150 Penalties and fines for commission of the act prohibited under the Act are generally moderate. However, any person who violates Sec. 48, pars. (14), (15) and (16) shall, upon conviction, be punished with a fine not less than One hundred thousand pesos (P100,000.00) but not more than One million pesos (P1,000,000.00), or imprisonment not less than one (1) year but not more than six (6) years, or both. 151.

149

See id. Sec. 38
See id. Sec. 48
151
See id. Sec. 49
150

44

Private Actions Under the 1949 Civil Code
The Civil Code of 1949 governs the legal consequences of interactions between humans. From an environmental standpoint the Civil Code provisions are relevant to legal actions for nuisance152, damages, and easements. Damages may be in the form of actual or compensatory damages, moral damages153, or exemplary or corrective damages. For example damages were allowed in a case where the defendant diverted water flow from the plaintiff’s farm.154 The underlying principle that was violated was Article 2219 of the Civil Code which provides that “any person who willfully causes loss or injury to another in a manner that is contrary to morals, good customs, or public
policy shall compensate the latter for the damage”.

Compliance and Enforcement
Illustrative of the problems faced by concerned citizens who seek government action in remedying an environmental problem is the class action suit brought by the Concerned Citizens of Manila Bay. The 1999 suit seeks to hold the Philippine Government and all polluting corporations jointly liable and responsible for the clean-up of Manila Bay. Among the 15 government defendants named in the suit are the DENR, Metro Manila Development Authority, Metropolitan Waterworks, and the Philippine Ports Authority. In the complaint the Citizens asked for cleanup of the Bay, installation, operation and maintenance of adequate sewage systems, waste water treatment facilities, recycling and disposal facilities, hazardous and toxic waste treatment facility, health studies, information and education campaigns, restocking with native fish, enhancing monitoring of illegal fishing operations, and compliance with septic and sludge removal rules.155 On September 28, 2005 the Appellate Court issued an order upholding the citizens group claims. The Court specifically tasked the government agencies to come up with a “concerted plan of action to clean-up and rehabilitate the Manila Bay and its waterways to restore it to Class SB classification (bathing standard) and to revitalize its marine life”. The Court rejected the Government’s claim that it does not have adequate funding to clean-up the Bay, saying that this is merely indicative of the government agencies failing to perform their duties. In addition the Court stated “the decision of the lower court does not require defendants to do tasks outside of their usual functions. They are merely being directed to come up with consolidated and coordinated efforts, each performing its basic function in rehabilitating and cleaning up the waters of Manila Bay”. The Court upheld

152

Ernesto R. Rodriguez Jr. et al v. IAC, G.R. No. 74816 (March 17, 1987) (Phil.) See Filinvest Credit Corporation v. IAC 166 SCRA, G.R. No. 65935 (September 30, 1988) ( Phil.) 154
Magbanua v. IAC, G.R. Nos. L-66870-72 (June 29, 1985) (Phil.) 155

Global Push on Enforcement of Multilateral Environmental Agreements, 153

45

the earlier decision of the Regional Trial Court of Imus, Cavite dated September 13, 2002.156

156

Philippine Headline News Online, http:/www.newsflash.org/2004/02/ht/ht005548.htm