Environmental Law

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Legislations for Environmental Law:
1.CONSTITUTIONAL BASIS FOR
ENVIRONMENTAL LAW
2.PD 1151 (PHILIPPINE
ENVIRONMENTAL POLICY)
3.PD 1152 (PHILIPPINE
ENVIROMENTAL CODE)
4.PD 984 (POLLUTION CONTROL LAW)
5.PD 1586 (ESTABLISHING AN
ENVIRONMENTAL
IMPACTSTATEMENT SYSTEM,
INCLUDING OTHER
ENVIRONMENTAL MANAGEMENT
RELATED MEASURES AND FOR
OTHER PURPOSES.)
6.PD 2146
7.CLEAN AIR ACT
8.CLEAN WATER ACT
9.PD 979
Cases:
1.Republic of the Philippines vs. The
City of Davao
Republic vs. Alvarez, in his capacity
as Sec. of DENR
2.PAB vs Solar Textile 195 SCRA 112
3.Mead vs Argel 115 SCRA 256
4.Technology Developers Inc. vs CA
(January 21, 1991)
Transcribed
No recordings (Please refer to the full texts
of the laws.)
*** Discussion
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The Constitutional basis of Environmental
Law
Article II of the 1987 Constitution
Sec. 15-The State shall protect and promote
the right to health of the people and instill
health consciousness among them.
Sec. 16- The State shall protect and advance
the right of the people to a balanced and
healthful ecology in accord with the rhythm
and harmony of nature.
***balanced ecology-Others would say
sustainable development.
Q: What is sustainable development?
A: You only use what you need today and
save the rest for the future.
*** in accord-This means in agreement
***with the rhythm and harmony -According
to Sir, rhythm and harmony are redundant
words.
***with rhythm and harmony of nature-This
means all should be natural walang artifcial.
Environmentalists would always say
that our present generation is the guardian of
the resources for the generations yet to come.
So we have to guard, reserve and conserve our
natural resources so that the generations yet
to come will have something towards their
own.
Sec. 23- The State shall encourage non-
governmental, community-based, or sectoral
organizations that promote the welfare of the
nation.
Article X
Sec. 20-Within its territorial jurisdiction and
subject to the provisions of this Constitution
and national laws, the organic act of
autonomous regions shall provide for
legislative powers over:
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3. Ancestral domain and natural resources.
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Article XII
Sec. 2- All lands of the public domain, waters,
minerals, coal, petroleum, and other mineral
oils, all forces of potential energy, fsheries,
forests or timber, wildlife, fora 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
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the full control and supervision of the State.
The State may directly undertake such
activities, or it may enter into co-production,
joint venture, or production sharing
agreements with Filipino citizens, or
corporations or associations at least sixty per
centum of whose capital is owned by such
citizens. Such agreements may be for a period
not exceeding twenty-fve years, renewable for
not more than twenty-fve years, and under
such terms and conditions as may be provided
by law. In cases of water rights for irrigation,
water supply fsheries, or industrial uses
other than the development of waterpower,
benefcial use may be the measure and limit of
the grant.
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 Congress may, by law, allow small-
scale utilization of natural resources by
Filipino citizens, as well as cooperative fsh
farming, with priority to subsistence
fshermen and fsh- workers in rivers, lakes,
bays, and lagoons.
The President may enter into
agreements with foreign-owned corporations
involving either technical or fnancial
assistance for large-scale exploration,
development, and utilization of minerals,
petroleum, and other mineral oils according to
the general terms and conditions provided by
law, based on real contributions to the
economic growth and general welfare of the
country. In such agreements, the State shall
promote the development and use of local
scientifc and technical resources.
***This means that all natural resources are
owned by the State (Doctrine of Jura Regalia)
Sec. 3- Lands of the public domain are
classifed into agricultural, forest or timber,
mineral lands and national parks. Agricultural
lands of the public domain may be further
classifed by law according to the uses to
which they may be devoted. Alienable lands of
the public domain shall be limited to
agricultural lands. Private corporations or
associations may not hold such alienable
lands of the public domain except by lease, for
a period not exceeding twenty-fve years,
renewable for not more than twenty-fve years,
and not to exceed one thousand hectares in
area. Citizens of the Philippines may lease not
more than fve hundred hectares, or acquire
not more than twelve hectares thereof, by
purchase, homestead, or grant.
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Taking into account the requirements of
conservation, ecology, and development, and
subject to the requirements of agrarian
reform, the Congress shall determine, by law,
the size of lands of the public domain which
may be acquired, developed, held, or leased
and the conditions therefor.
Sec. 4-The Congress shall, as soon as
possible, determine, by law, the specifc 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.
***The Congress has the power to determine
the specifc limits of an inalienable land in an
alienable land vice versa. The Congress can
extend it but this is only possible if theres a
law enacted by the Congress.
Sec. 5-The State, subject to the provisions of
this Constitution and national development
policies and programs, shall protect the rights
of indigenous cultural communities to their
ancestral lands to ensure their economic,
social, and cultural well-being.
The Congress may provide for the applicability
of customary laws governing property rights or
relations in determining the ownership and
extent of ancestral domain.
Sec. 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, and similar collective
organizations, 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.
Article XIII
Sec. 1-The Congress shall give highest priority
to the enactment of measures that protect and
enhance the right of all the people to human
dignity, reduce social, economic, and political
inequalities, and remove cultural inequities by
equitably difusing wealth and political power
for the common good.
To this end, the State shall regulate the
acquisition, ownership, use, and disposition of
property and its increments.
Sec. 2- The promotion of social justice shall
include the commitment to create economic
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opportunities based on freedom of initiative
and self-reliance.
Sect. 4- The State shall, by law, undertake an
agrarian reform program founded on the right
of farmers and regular farmworkers who are
landless, to own directly or collectively the
lands they till or, in the case of other
farmworkers, to receive a just share of the
fruits thereof. To this end, the State shall
encourage and undertake the just distribution
of all agricultural lands, subject to such
priorities and reasonable retention limits as
the Congress may prescribe, taking into
account ecological, developmental, or equity
considerations, and subject to the payment of
just compensation. In determining retention
limits, the State shall respect the right of
small landowners. The State shall further
provide incentives for voluntary land-sharing.
Sect. 5- The State shall recognize the right of
farmers, farmworkers, and landowners, as well
as cooperatives, and other independent
farmers' organizations to participate in the
planning, organization, and management of
the program, and shall provide support to
agriculture through appropriate technology
and research, and adequate fnancial,
production, marketing, and other support
services.
Sect. 6- The State shall apply the principles of
agrarian reform or stewardship, whenever
applicable in accordance with law, in the
disposition or utilization of other natural
resources, including lands of the public
domain under lease or concession suitable to
agriculture, subject to prior rights, homestead
rights of small settlers, and the rights of
indigenous communities to their ancestral
lands. The State may resettle landless farmers
and farmworkers in its own agricultural
estates which shall be distributed to them in
the manner provided by law.
Sect. 7- The State shall protect the rights of
subsistence fshermen, especially of local
communities, to the preferential use of the
communal marine and fshing resources, both
inland and ofshore. It shall provide support to
such fshermen through appropriate
technology and research, adequate fnancial,
production, and marketing assistance, and
other services. The State shall also protect,
develop, and conserve such resources. The
protection shall extend to ofshore fshing
grounds of subsistence fshermen against
foreign intrusion. Fishworkers shall receive a
just share from their labor in the utilization of
marine and fshing resources.
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Sect. 8- The State shall provide incentives to
landowners to invest the proceeds of the
agrarian reform program to promote
industrialization, employment creation, and
privatization of public sector enterprises.
Financial instruments used as payment for
their lands shall be honored as equity in
enterprises of their choice.
URBAN LAND REFORM AND HOUSING
Sect. 9- The State shall, by law, and for the
common good, undertake, in cooperation with
the private sector, a continuing program of
urban land reform and housing which will
make available at afordable cost, decent
housing and basic services to under-privileged
and homeless citizens in urban centers and
resettlement areas. It shall also promote
adequate employment opportunities to such
citizens. In the implementation of such
program the State shall respect the rights of
small property owners.
Sec.10- Urban or rural poor dwellers shall not
be evicted nor their dwelling demolished,
except in accordance with law and in a just
and humane manner.
No resettlement of urban or rural dwellers
shall be undertaken without adequate
consultation with them and the communities
where they are to be relocated.
Sec. 12- The State shall establish and
maintain an efective food and drug regulatory
system and undertake appropriate health,
manpower development, and research,
responsive to the country's health needs and
problems.
4 Major Legislations for Environmental Law
10. PD 1151 (PHILIPPINE
ENVIRONMENTAL POLICY)
11. PD 1152 (PHILIPPINE
ENVIROMENTAL CODE)
12. PD 984 (POLLUTION CONTROL
LAW)
13. PD 1586 (ESTABLISHING AN
ENVIRONMENTAL
IMPACTSTATEMENT SYSTEM,
INCLUDING OTHER
ENVIRONMENTAL MANAGEMENT
RELATED MEASURES AND FOR
OTHER PURPOSES.)
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PD 1586 Case:
Republic of the Philippines vs. The City of
Davao
Republic vs. Alvarez, in his capacity as Sec.
of
DENR
Facts: Alvarez fled an application for a
Certifcate of Non-Coverage for its proposed
project, the Davao Artica Sports Dome, with
the Environmental Management Bureau
(EMB), Region 11.
The EMB Region 11 denied the application on
ground that the proposed project was within
an environmentally critical area, and ruled
that under the Environmental Impact
Statement System, the City of Davao must
undergo the environmental impact assessment
(EIA) process to secure an Environmental
Compliance Certifcate (ECC), before it can
proceed with the construction of its project
Believing that it was entitled to a Certifcate
of Non-Coverage, respondent fled a petition
for mandamus with the RTC of Davao alleging
that the proposed project was neither an
environmentally critical project nor within an
environmentally critical area, thus it was
outside the scope of the EIS system.
The RTC granted the writ of mandamus and
directed EMB to issue a Certifcate of Non
Coverage. It ruled that there is nothing in the
EIA System guidelines which requires
LGUs to comply with the EIS law, as only
agencies and instrumentalities are mandated
to go through the EIA process for their
proposed projects which have signifcant efect
on the quality of the environment. A local
government unit, not being an agency or
instrumentality of the National Government, is
deemed excluded
Issue: Whether LGUs are covered by the EIA
System?
Decision:
The Local Government Code provides that it is
the duty of the LGUs to promote the peoples
right to a balanced ecology. Pursuant to this,
an LGU, like the City of Davao, cannot claim
exemption from the coverage of PD 1586. As a
body politic endowed with governmental
functions, an LGU has the duty to ensure the
quality of the environment, which is the very
same objective of PD 1586.
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Further, it is a rule of statutory construction
that every part must be read with other parts,
thus, the
TC in declaring local government units as
exempt from the coverage of the EIS law, failed
to relate
Section 2 of PD 1586 to the several provision
of the same law.
Section 4 of PD 1586 clearly states that no
person,
partnership or corporation shall undertake or
operate any such declared environmentally
critical project or area without frst securing
an Environmental Compliance Certifcate
issued by the President or his duly authorized
representative. Undoubtedly therefore, local
government units are not excluded from the
coverage of PD 1586.
Sec. 1 stated that the policy of the State is to
attain an orderly balance between socio-
economic growth and environmental
protection.
The Whereas clause stresses that such is only
possible if we adopt an integrated
environmental protection program where all
the sectors of the community are involved, i.e.,
the government and the private sectors. The
local government units, as part of the
machinery of the government, cannot
therefore be deemed as outside the scope of
the EIS system.
This however presuppose that a project, for
which an Environmental Compliance
Certifcate is necessary, is environmentally
critical or within an environmentally critical
area. In the case at bar, respondent has
sufciently shown that the Artica Sports
Dome will not have a signifcant negative
environmental impact because it is not an
environmentally critical project and it is not
located in an environmentally critical area.
They submitted Certifcation from the City
Planning and Development Ofce,
PHILVOLCS, CENRO-West in support thereof.
The Environmental Impact Statement System,
which ensures environmental protection and
regulates certain government activities
afecting the environment, was established by
Presidential Decree No. 1586. Under Article II,
Section 1, of the Rules and Regulations
Implementing PD 1586, the declaration of
certain projects or areas as environmentally
critical, and which shall fall within the scope
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of the Environmental Impact Statement
System, shall be by Presidential Proclamation.
Pursuant thereto, Proclamation No. 2146 was
issued proclaiming the following areas and
types of projects as environmentally critical
and within the
scope of the Environmental Impact Statement
System established under PD 1586:
A. Environmentally Critical Projects
I. Heavy Industries
a. Non-ferrous metal industries
b. Iron and steel mills
c. Petroleum and petro-chemical industries
including oil and gas
d. Smelting plants
II. Resource Extractive Industries
a. Major mining and quarrying projects
b. Forestry projects
1. Logging
2. Major Wood processing projects
3. Introduction of fauna (exoticanimals) in
public/private forests
4. Forest occupancy
5. Extraction of mangrove products
6. Grazing
c. Fishery Projects
1. Dikes for/and fshpond development
projects
III. Infrastructure Projects
a. Major dams
b. Major power plants (fossil-fueled, nuclear
fueled, hydroelectric or geothermal)
c. Major reclamation projects
d. Major roads and bridges
B. Environmentally Critical Areas
1. All areas declared by law as national parks,
watershed reserves, wildlife preserve and
sanctuaries;
2. Areas set aside as aesthetic potential tourist
spots;
3. Areas which constitute the habitat for any
endangered or threatened species of
indigenous Philippine Wildlife (fora and
fauna);
4. Areas of unique historic, archaeological, or
scientifc interests;
5. Areas which are traditionally occupied by
cultural communities or tribes;
6. Areas frequently visited and/or hard-hit by
natural calamities (geologic hazards, foods,
typhoons, volcanic activity, etc.);
7. Areas with critical slopes;
8. Areas classifed as prime agricultural lands;
9. Recharged areas of aquifers;
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10. Water bodies characterized by one or any
combination of the following conditions;
a. tapped for domestic purposes
b. within the controlled and/or
protected areas declared by
appropriate authorities
c. which support wildlife and
fshery activities
11. Mangrove areas characterized by one or
any
combination of the following conditions:
a. with primary pristine and dense
young growth;
b. adjoining mouth of major river
systems;
c. near or adjacent to traditional
productive fry or fshing grounds;
d. which act as natural bufers
against shore erosion, strong winds and
storm foods;
e. on which people are dependent
for their livelihood.
12. Coral reefs, characterized by one or any
combinations of the following conditions:
a. with 50% and above
live coralline cover;
b. spawning and nursery
grounds for fsh;
c. which act as natural breakwater
of coastlines.
Environmentally Non-Critical Projects. All
other projects, undertakings and areas not
declared by the President as environmentally
critical shall be considered as non-critical and
shall not be required to submit an
environmental impact statement. The
National Environmental Protection Council,
thru the
Ministry of Human Settlements may however
require non-critical projects and undertakings
to provide additional environmental
safeguards as it may deem necessary.
The Artica Sports Dome in Langub does not
come close to any of the projects or areas
enumerated above. Neither is it analogous to
any of them. It is clear, therefore, that the said
project is not classifed as environmentally
critical, or within an environmentally critical
area. Consequently, the
DENR has no choice but to issue the
Certifcate of Non-Coverage. It becomes its
ministerial duty, the performance of which can
be compelled by writ of mandamus, such as
that issued by the trial court in the case at
bar.
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PD 1151: PHILIPPINE ENVIRONMENTAL
POLICY
We will discuss the salient features of PD
1151.
As early as 1970s at the time of Marcos meron
na tayong policy on the environment.
Sec. 1-It is hereby the continuing policy of
the state-***Continuing-up to now the same
yung policy ng state.
(a) to create, develop, maintain and
improve conditions under which man and
nature can thrive in productive and
enjoyable harmony with each other,-***
Man and nature can thrive in productive and
enjoyable harmony with each other-So there is
no quarrel between man and nature because
merong harmony between them. It
presupposes a policy on sustainable
development.
(b) to fulfll the social, economic and other
requirements of present and future
generations of Filipinos,-***So if you are
aware of intergeneration responsibility-to
preserve our environment for the generations
yet to come, we are here to preserve and
conserve the environment for the generations
to come, tayo ang mag-proprotect we are not
here to destroy nor to exploit but to protect the
environment so that is intergenerational
responsibility so like in the case of Factoran.
And (c) to insure the attainment of an
environmental quality that is conducive to
a life of dignity and well-being.-***A quality
that is conducive to a life so like there is a
need for a clean and healthy environment and
there is dignity in ones person
Sec. 2. Goal- To use all practicable means,
consistent with other essential
considerations of national policy, in
promoting the general welfare to the end
that the Nation may (a) recognize,
discharge and fulfll the responsibilities of
each generation as trustee and guardian
of the environment for succeeding
generations,-***So eto na naman yung
intergenerational responsibility. So hindi pa
nauso si Atty. Oposa meron na yang
intergenerational responsibility kasi as early
as 1970s meron na yan it is evidenced by PD
1152 so it is not entirely true na si Oposa
talaga ang responsible for the
intergenerational responsibility concept sa
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Pilipinas though sumikat siya dahil diyan at
naging international celebrity I know that
because Atty. Oposa is my friend.
(b) assure the people of a safe, decent,
healthful, productive and aesthetic
environment, ***The environment is itself
aesthetic, there is art, there is artistry in the
environment so nakita niyo yung mga natural
wonders, yung mga sculptures created by
nature, yung mga rock monuments mga
korteng dinosaurs at kung anu-ano pa ang
mga itsura nila.
(c) encourage the widest exploitation of the
environment without degrading it, or
endangering human life, health and safety
or creating conditions adverse to
agriculture, commerce and industry, (d)
preserve important historic and cultural
aspects of the Philippine heritage,
***Our natural resources itself constitute our
heritage itself. So under PD 1151 it is the
policy of the State to protect the cultural
aspect of the Philippine heritage, part of our
heritage.
(e) attain a rational and orderly balance
between population and resource use, and
(f) improve the utilization of renewable
and non-renewable resources-
*** As early as 70s we are talking about
renewable energy . Example ng renewable
energy wind energy, hydro-electrical, yan ang
trend right now. Geothermal not dependent
on mineral fuels. In so far as non-renewable
resources i-improve mo yun or i-preserve mo
pa kung ano pa yung natitira pa sa lupa mo.
Sec. 3. Right to a Healthy Environment.
*** You can fnd the right to a healthy
environment sa Constitution. So as early as
70s, na-incorporate na yan sa 1987
Constitution.
In furtherance of these goals and policies,
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-
***Who has the duty? You would say the
government, No!!! If you would look at the
Philippine environmental policy, it is the duty
of each and every one. Lahat ng citizens ng
Republic of the Philippines. It is our duty to
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contribute to the preservation and
enhancement of our environment.
Sec. 4. Environmental Impact Statements.
Pursuant to the above enunciated policies
and goals, all agencies and
instrumentalities of the national
government, including government-owned
or controlled corporations, as well as
private corporations frms and entities
shall prepare, fle and include in every
action, project or undertaking which
signifcantly afects the quality of the
environment a detail statement on
(a) the environmental impact of the
proposed action, project or undertaking
(b) any adverse environmental efect which
cannot be avoided should the proposal be
implemented;
(c) alternative 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 involve the use of
depletable or non-renewable resources, a
fnding must be made that such use and
commitment are warranted.
***What are the mitigating measures to soften
the impact of the undertaking to the
government , yan yung EIS system. Under PD
1151 it says- all agencies and
instrumentalities of the national government
but it does not include the local government
units because under the Administrative Code,
the term local government unit has a diferent
defnition at hindi yan kasali diyan. So using
the defnition (local government unit under sa
Administrative Code) in the case of Davao
City vs DENR. It is about the Artica Sports
dome, during the time, the city government
started the project without undergoing the EIS
system, hindi sila kumuha ng ECC. Now the
opponents of then Mayor de Guzman fled a
case against him and some other individuals
for the violation of PD 1586. Because they
embarked on a project which is considered to
be environmentally critical project and within
an environmentally critical area at hindi sila
kumuha ng ECC which is required under PD
1586. Since it was already there, pinandigan
ko na, I said theres no need to secure an ECC
and to comply with PD 1586 because in the
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frst place: 1. Local government units are not
embraced with the scope of the law; 2. The
city is exempt from getting an ECC because it
is not an environmentally critical project and
it was not undertaken within an
environmentally critical area.
***So ang ginawa namin kumuha kami ng
Certifcate of Non-Coverage or CNC which the
DENR refused to give. So we went to RTC and
the RTC sustained the decision of the City
government so the Sol. Gen. went up to the
Supreme Court and the SC decided that on
the argument that LGUs are not covered, the
SC said that ALL governmental units are
covered. It is clear now that all
instrumentalities including the LGUs are
covered pero parang may judicial legislation
kasi inilagay ang LGUs. However, on the issue,
W/N the city government or the mayor
violated the EIS law because they failed to
secure an ECC, sabi ng Supreme Court- the
city is exempt in securing an ECC because the
project is not considered as an
environmentally critical project and it is not
undertaken within an environmentally critical
area. So it paved the way for the issuance of
CNC so there was no legal impediment for the
continuation but at that time, Ben de Guzman
lost the elections so Mayor Duterte decided
not to continue the project notwithstanding
the clearance from DENR.
Before an environmental impact statement
is issued by a lead agency, all agencies
having jurisdiction over, or special
expertise on, the subject matter involved
shall comment on the draft environmental
impact statement made by the lead agency
within thirty (30) days from receipt of the
same.
Section 5. Agency Guidelines. The
diferent agencies charged with
environmental protection as enumerated
in Letter of Instruction No. 422 shall,
within sixty (60) days from the efectivity
of this Decree, submit to the National
Environmental Protection Council (NEPC),
their respective guidelines, rules and
regulations to carry out the provisions of
Sec. 4 hereof on environmental impact
assessments and statements.
Section 6. Repealing Clause. All Acts,
Presidential Decrees, executive orders,
rules and regulations or parts thereof
which are inconsistent with the provisions
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of this Decree are hereby repealed,
amended or modifed accordingly.
Section 7. Efectivity. This Decree shall
take efect immediately.
Done in the City of Manila this 6th day of
June in the year of Our Lord, nineteen
hundred and seventy-nine.
***So as early as June 6, 1979 meron na
tayong law for this and until now sinusunod
pa rin natin to.
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PD 1152: PHILIPPINE ENVIRONMENTAL
CODE
***Medyo detalyado ito, Ano itong Philippine
Environmental Code? The establishment of
specifc environment management policies
and prescribing environment quality
standards in a Philippine Environment
Code. So the Philippine Environment Code
actually establishes a quality, an
environmental quality standards. Yan ang
Philippine Environment Code, so ano yung
mga standards na yan?
TITLE I: AIR QUALITY MANAGEMENT
***What are the purposes?
(a) to achieve and maintain such levels of
air quality as to protect public health; and
***Levels of air quality so theres a standard of
minute particulates in the air. I remember
when I was in college nasa Maynila ako, may
nakikita akong billboard kung saan nakalagay
kung gaano karami yung particulates sa
environment to determine whether it is
polluted or not so everybody will know so if
you will pass by that billboard in Cubao
makikita mo doon kasi malaki yun so it will
really catch your attention so makikita mo
doon yung level of air standards kasi may
indication doon kung sumobra nab a siya.
Pero parang tinanggal na I dont know why
mas maganda sana yun so everybody would
know the quality of air we breathe especially
in Manila. One indication is that maraming
nagkakasakit or makikita mo yan sa katawan
like nahihirapan kang huminga like you are
on the plane, makikita niyo before you landing
kung gaano ka-polluted yung Maynila but
supposedly meron dapat tayong air quality
management.
(b) to prevent to the greatest extent
practicable, injury and/or damage to plant
and animal life and property, and promote
the social and economic development of
the country.
***The growth of plants even yung animals
naapektuhan din sila some plants are
stunted, the growth is stunted, maliit pa
namumunga na (na-ahat siya) it will bear fruit
then it will wither then it will die. So kung
ganon sa plants, ganon din sa tao bata pa
pero parang matanda na.
***Ano yung standards ng air quality?
Sec. 3. Ambient Air Quality
Standards. There shall be established
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ambient air quality standards which shall
prescribe the maximum concentration of
air pollutants permissible in the
atmosphere consistent with public health,
safety and general welfare.
In the establishment of ambient air
quality standards, factors such as local
atmospheric conditions, location and land
use, and available technology, shall be
considered among others.
Sec. 4. National Emission
Standards. There shall be established
national emission standards for new and
existing stationary and mobile sources of
pollution which shall consider among
others such factors as type of industry,
practicable control technology available,
location and land use, and the nature of
pollutants emitted.
Sec. 5. Community Noise
Standards. Appropriate standards for
community noise levels shall be
established considering, among others,
location, zoning and land use
classifcation.
Sec. 6. Standards for Noise-Producing
Equipment. There shall be established a
standard for noise producing equipment
such as construction equipment,
transportation equipment, stationary
engines, and electrical or electronic
equipment and such similar equipment or
contrivances. The standards shall set a
limit on the acceptable level of noise
emitted from a given equipment for the
protection of public health and welfare,
considering among others, the magnitude
and condition of use, the degree of noise
reduction achievable through the
application of best available technology
and the cost of compliance.
The Installation of any noise-producing
equipment shall conform with the
requirements of Presidential Decree No.
1096 and other applicable laws as well as
their implementing rules and regulations.
Sec. 7. Aircraft Emission and Sonic
Booms. Appropriate government agencies
shall encourage research studies on the
harmful efects of aircraft emissions in
the environment in order to establish
permissible emission standards.
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Research and studies shall also be
undertaken to mitigate and/or minimize
the efects of sonic booms in the
environment.
***Lahat yan are actually standards.
Standards for noise-producing equipments
like jackhammers. I remember, I was told, who
are familiar with SNR? Diyan nag-
shoshopping yung mga high-end shoppers.
Everybody is happy about the proposed SNR
and it is now on construction pero ang sabi
nila na-stop ang construction. Why? Because
of noise pollution. Yung subdivision near SNR
nagrereklamo na kasi gusto ng SNR ng
magpile nang magpile kasi hindi pa nila na-
rereach ang desired depth na gusto nila so
araw gabi yun at yung mga tao hindi na
makatulog dahil sa sobrang ingay . Probably
those residents fled a complaint thats why
the construction is temporarily stopped. Then
nakausap ko yung isa sa mga contractors,
sabi niya the construction will resume after
ma-install yung machine pile that will
minimize the noise.
***Itong aircraft emissions and sonic booms. I
dont know if naabutan niyo yan pero I guess
naabutan niyo yung BAK 11(?) na eroplano.
In the earlier planes of Cebu Pacifc, yung mga
luma (BAK 11(?)) Kapag dumating yan at
kapag nag-take-of yan napakaingay but they
are not being used anymore yung mga BAK
11(?) kasi hindi siya makapasa sa noise
standards. Pero I was really surprised kasi
these planes yung BAK 11(?) at DC 9 (?) are
not used in Philippines but they are used
outside of the Philippines kasi during one of
my trips abroad, from France to Italy, nakita
ko na ginagamit pa pala ang mga ito dito pero
hindi na ito ginagamit sa Pilipinas so yung
standard nila mas maliit so mas mas okay pa
pala tayo dito sa Pilipinas kasi mas mataas
ang ating standards. In fact, in the Philippines
we have the youngest feet of planes sa buong
mundo.
Chapter II
Regulation and Enforcement
Sec. 8. Air Quality and Noise
Standards. The National Pollution Control
Commission in coordination with
appropriate government agencies shall be
responsible for the enforcement of ambient
air quality emission and noise standards,
including the monitoring and surveillance
of air pollutants, licensing and permitting
of air pollution control facilities, and the
promulgation of appropriate rules and
regulations.
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Existing air quality emission and noise
standards may be revised and/or modifed
consistent with new development and
technology.
Sect. 9. Aircraft Noise. Community noise
standards around airports shall be
implemented by the Civil Aeronautics
Administration in coordination with the
National Pollution Control Commission.
Sec. 10. Vehicular Emissions. The Land
Transportation Commission, in
coordination with the National Pollution
Control Commission, shall implement
emission standards for motor vehicles and
may deputize other appropriate law
enforcement agencies for the purpose.
Sec. 11. Radioactive Emissions. The
release and emission of radioactivity into
the environment incident to the
establishment or possession of nuclear
energy facilities and radioactive
materials, handling, transport,
production, storage, use and disposal of
radioactive materials shall be regulated
by the Philippine Atomic Energy
Commission in coordination with other
appropriate government agencies.
Chapter III
Monitoring
Sec. 12. Air Quality Monitoring. The
National Pollution Control Commission, in
coordination with appropriate government
agencies, shall establish to the greatest
extent practicable an air quality
monitoring network. Such air quality
monitoring network shall put to maximum
use the capabilities of these agencies.
**Monitoring, theres a need for air monitoring.
So who is supposed to monitor? The NPCC in
coordination with appropriate government
agencies, shall establish to the greatest extent
practicable an air quality monitoring network
but this is not actually done.
The National Environmental Protection
Council shall be furnished with the results
of air quality monitoring activities.
Sec. 13. Weather Modifcation. The
Philippine Atmospheric, Geophysical and
Astronomical Services Administration
shall monitor regularly meteorological
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factors afecting environmental conditions
in order to efectively guide air pollution
monitoring activities.
Activities relating to weather modifcation
such as rainfall stimulation and storm
seeding experiments shall be undertaken
in consultation and/or in coordination
with the Philippine Atmospheric,
Geophysical and Astronomical Service
Administration.
***PAG-ASA. We have the oldest weather
equipments. I remember the former chief of
PAG-ASA, he was removed because the PAG-
ASA failed to foretell the coming of a typhoon
so he was removed by the president only to
fnd out (by the president himself) na medieval
pa yung mga equipments so bumili sila nga
bago. Who can accurately predict the
weather? Wala naman diba? Even the US. So
sabi nila, predicting weather is like also
predicting a mind of a woman. If you cant
predict the mind of a woman you cannot also
predict the weather.
TITLE II: WATER QUALITY MANAGEMENT
***Meron tayong Clean Water Act pero actually
ito na yun.
Sec. 14. Purpose. It is the purpose of this
Title to prescribe management guidelines
aimed to protect and improve the quality
of Philippine water resources through:
(a) classifcation of Philippine waters;
***Meron na tayo niyan, meron na tayong map
of rivers all over the Philippines on the
classifcation of such waters. Meron yan silang
grade. Like yung river na ito, eto ang kaniyang
river 123 or 4 like can it be used for drinking
or para saan it puwedeng gamitin like puwede
ba itong pang-recreation, pang-industrial etc.
(b) establishment of water quality
standards;
(c) protection and improvement of the
quality of the Philippine water resources,
and
(d) responsibilities for surveillance and
mitigation of pollution incidents.*** Wala
tayo niyan although sinasabi nila that the
ENP monitors all our waters in their respective
areas of responsibilities pero hindi nila
ginagawa yan what they do is that they just
act if theres an incident pero on their own di
talaga nila ginagawa yan.
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Chapter I
Classifcation and Standards
Sec. 15. Classifcation of Philippine
Waters. The National Pollution Control
Commission, in coordination with
appropriate government agencies, shall
classify Philippine waters, according to
their best usage. In classifying said
waters, the National Pollution Control
Commission shall take into account,
among others, the following:
(a) the existing quality of the body of water
at the time of classifcation;
(b) the size, depth, surface area covered,
volume, direction, rate of fow, gradient of
stream; and
(c) the most benefcial uses of said bodies
of water and lands bordering them for
residential, agricultural, commercial,
industrial, navigational, recreational, and
aesthetic purposes.
Sec. 16. Reclassifcation of Waters Based
on Intended Benefcial Use. Where the
public interest so requires, the National
Pollution Control Commission, in
coordination with appropriate government
agencies, shall reclassify a body of water
based on the intended benefcial use and
take such steps as may be necessary to
upgrade the quality of said water. Other
government agencies may adopt higher
standards for a particular body of water,
subject to the approval of the National
Pollution Control Commission.
Sec. 17. Upgrading of Water
Quality. Where the quality of water has
deteriorated to a degree where its state
will adversely afect its best usage, the
government agencies concerned shall take
such measures as may be necessary to
upgrade the quality of such water to meet
the prescribed water quality standards.
Sec. 18. Water Quality Standards. The
National Pollution Control Commission
shall prescribe quality and efuent
standards consistent with the guidelines
set by the National Environmental
Protection Council and the classifcation
of waters prescribed in the preceding
sections, taking into consideration, among
others, the following:
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(a) the standard of water quality or purity
may vary according to benefcial uses;
and
(b) the technology relating to water
pollution control.
Chapter II
Protection and Improvement of Water
Quality
Sec. 19. Enforcement and
Coordination. The production, utilization,
storage and distribution of hazardous, toxic
and other substances such as radioactive
materials, heavy metals, pesticides,
fertilizers, and oils, and the disposal,
discharge and dumping of untreated
wastewater, mine tailings and other
substances that may pollute any body of
water of the Philippines resulting from
normal operations of industries, water-
borne sources, and other human activities
as well as those resulting from accidental
spills and discharge shall be regulated by
appropriate government agencies pursuant
to their respective charters and enabling
legislations. In the performance of the
above functions, the government agencies
concern shall coordinate with the National
Environmental Protection Council and
furnish the latter with such information as
may be necessary to enable it to attain its
objectives under Presidential Decree No.
1121.
Sec. 20. Clean-up Operations. It shall be
the responsibility of the polluter to
contain, remove and clean up water
pollution incidents at his own expense. In
case of his failure to do so, the government
agencies concerned shall undertake
containment, removal and clean-up
operations and expenses incurred in said
operations shall be charged against the
persons and/or entities responsible for
such pollution.
Sec. 21. Water Quality Monitoring and
Surveillance. The various government
agencies concerned with environmental
protection shall establish to the greatest
extent practicable a water quality
surveillance and monitoring network with
sufcient stations and sampling schedules
to meet the needs of the country. Said
water quality surveillance network shall
put to maximum use the capabilities of
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such government agencies. Each agency
involved in such network shall report to
the National Environmental Protection
Council the results of these monitoring
activities as the need arises. ***Hindi
naman nila ginagawa yan.
***We also have land use management.
TITLE III: LAND USE MANAGEMENT
Sec. 22. Purpose. The purposes of this Title
are:
(a) to provide a rational, orderly and
efcient acquisition, utilization and
disposition of land and its resources in
order to derive therefrom maximum
benefts; and
(b) to encourage the prudent use and
conservation of land resources in order to
prevent and imbalance between the
nation's needs and such resources.
***Ito yung pinaka-importante dito kaya nga
meron tayong land management bureau. Ano
yung imbalance? Ito yung brought about by
diferent uses of lands yung mga agricultural
use, yung residential. Our population is
growing, yung mga lands devoted to
agriculture nababawasan yan so anong lupa
ang gagamitin natin for agriculture? Wala! The
agricultural production becomes smaller and
smaller as our need for residential lots grow.
So whats the objective of land management?
To create the balance between the needs and
the development.
Sec. 24. Location of Industries. In the
location of industries, factories, plants,
depots and similar industrial
establishments, the regulating or
enforcing agencies of the government shall
take into consideration the social,
economic, geographic and signifcant
environmental impact of said
establishments.
***Supposedly, there should be a
comprehensive zoning ordinance. Why
comprehensive? Kasi dapat ma-identify mo
kung ano yung industrial, residential,
commercial etc. But in Davao City we dont
have one. But we have SPOT Zoning katulad
sa isa may residential, commercial, industrial
sa kabila meron na naman, spot nga. Others
would say, its pocket zoning. It is very ideal
that all industries should be placed in one
location para alam mo kung saan ka mag-
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iinvest at saan mo ilalagay ang factory mo the
same as residential.
***Ironic situation: HOLCIM-At the time that
HOLCIM was established there, wala pang
mga residents diyan but because of the
employees they were allowed to built their
houses near HOLCIM, right now the residents
are complaining at gusto na nilang paalisin
ang HOLCIM kasi daw nakaksira sila sa
environment at naapektuhan sila.
***But if we have that zoning ordinance
maiiwasan natin yung mga sitwasyon na
ganyan.
TITLE IV: NATURAL RESOURCES
MANAGEMENT AND CONSERVATION
Sec. 25. Purposes. The purposes of this
Title are:
(a) to provide the basic policy on the
management and conservation of the
country's natural resources to obtain the
optimum benefts therefrom and to
preserve the same for the future
generations; and
(b) to provide general measures through
which the aforesaid policy may be carried
out efectively.
***We are talking here about sustainable
development so we have to preserve our
natural resources for the future
generation. Conservation means to use
only what we need.
Chapter I
Fisheries and Aquatic Resources
Sec. 26. Management Policy. The National
government, through the Department of
Natural Resources, shall establish a
system of rational exploitation of fsheries
and aquatic resources within the
Philippine territory and shall encourage
citizen participation therein to maintain
and/or enhance the optimum and
continuous productivity of the same.
Sec. 27. Measures for National
Exploitation. Measures for the national
exploitation of fsheries and other aquatic
resources may include, but shall not be
limited to, the following:
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(a) undertaking manpower and expertise
development;
(b) acquiring the necessary facilities and
equipment;
(c) regulating the marketing of threatened
species of fsh or other aquatic resources;
(d) reviewing all existing rules and
regulations on the exploitation of fsheries
and aquatic resources with a view of
formulating guidelines for the systematic
and efective enforcement thereof; and
(e) conserving the vanishing species of fsh
and aquatic resources such as turtles, sea
snakes, crocodiles, corals, as well as
maintaining the mangrove areas, marshes
and inland waters, coral reef-areas and
islands serving as sanctuaries for fsh
and other aquatic life.
Chapter II
Wildlife
Sec. 28. Management Policy. The national
government through the Department of
Natural Resources, shall establish a
system of rational exploitation and
conservation of wildlife resources and
shall encourage citizen participation in
the maintenance and/or enhancement of
their continuous productivity.
Sec. 29. Measures for Rational
Exploitation. Measures for rational
exploitation of wildlife resources may
include, but shall not be limited to, the
following:
(a) regulating the marketing of threatened
wildlife resources.
(b) reviewing all existing rules and
regulations on the exploitation of wildlife
resources with a view of formulating
guidelines for the systematic and efective
enforcement thereof; and
(c) conserving the threatened species of
fauna, increasing their rate of
reproduction, maintaining their original
habitat, habitat manipulation,
determining bag/creel limits, population
control in relation to the carrying
capacity of any given area, banning of
indiscriminate and/or destructive means
of catching or hunting them.
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Chapter III
Forestry and Soil Conservation
Sec. 30. Management Policy for
Forestry. The national government,
through the Department of Natural
Resources, shall undertake a system of
rational exploitation of forest resources
and shall encourage citizen participation
therein to keep the country's forest
resources at maximum productivity at all
time.
Sec. 31. Measures for Rational
Exploitation of Forest Resources. Measures
for the rational exploitation of forest
resources may include, but shall not be
limited to, the following:
(a) regulating the marketing of threatened
forest resources;
(b) reviewing all existing rules and
regulations on the exploitation of forest
resources with a view of formulating
guidelines for the systematic and efcient
enforcement thereof;
(c) conserving threatened species of fora
as well as increasing their rate of
propagation; the banning of destructive
modes of exploitation, kaingin making or
shifting cultivation, indiscriminate
harvesting of minor forest products the
recycling methods of waste materials, and
(d) carrying out a continuing efect on
reforestation; timber stand improvement;
forest protection; land classifcation;
forest occupancy management; agri-
silviculture; range management; agri-
silvicultural/kaingin management;
industrial tree plantation; parks and
wildlife management; multiple use forest;
timber management and forest research.
Sec. 32. Use of Fertilizers and
Pesticides. The use of fertilizers and
pesticides in agriculture shall be
regulated prescribing therefor a tolerance
level in their use. Their use shall be
monitored by appropriate government
agencies to provide empirical data for
efective regulation. ***Fertilizers and
pesticides are supposed to be monitored but
sad to say wala rin.
Sec. 33. Management Policy on Soil
Conservation. The national government,
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through the Department of Natural
Resources and the Department of
Agriculture, shall likewise undertake a
soil conservation program including
therein the identifcation and protection
of critical watershed areas,
encouragement of scientifc farming
techniques, physical and biological means
of soil conservation, and short-term and
long-term researches and technology for
efective soil conservation.
Chapter IV
Flood Control and Natural Calamities
Sec. 34. Measures in Flood Control
Program. In addition to the pertinent
provisions of existing laws, the following
shall be included in a soil erosion,
sediment and food control program;
(a) the control of soil erosion on the banks
of rivers, the shores of lakes, and the
seashores;
(b) the control of fow and fooding in and
from rivers and lakes;
(c) the conservation of water which, for
purposes of this Section shall mean forms
of water, but shall not include captive
water;
(d) the needs of fsheries and wildlife and
all other recreational uses of natural
water;
(e) measures to control the damming,
diversion, taking, and use of natural
water, so far as any such act may afect
the quality and availability of natural
water for other purposes; and
(f) measures to stimulate research in
matters relating to natural water and soil
conservation and the application of
knowledge thereby acquired.
***You see theres food control program. One
of the ways to prevent foods is to preserve the
natural catch basins kasi diyan napupunta
yung mga tubig pero ang ginagawa because of
rapid development tinatabunan nalang. So
saan na ngayon pupunta ang tubig? It
supposedly go to the lowest portion. Like in
Davao City-Torres, Obrero, Boulevard, Laverna
Hills, etc. The best example here is yung bagyo
sa Maynila yung umapaw yung Marikina River
tapos may subdivision doon, zero talaga
maraming namatay kasi yung area na yun ay
natural catch basin.
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Sec. 35. Measures to Mitigate Destructive
Efects of Calamities. The national
government, through the Philippine
Atmospheric, Geophysical and
Astronomical Services Administration,
shall promote intensifed and concerted
research eforts on weather modifcation,
typhoon, earthquake, tsunami, storm
surge, and other tropical natural
phenomena in order to bring about any
signifcant efect to mitigate or prevent
destructive efects. ***Typhoon Pablo-
matagal siyag nakalabas in fact bumalik pa
nga siya diba eh.
Chapter V
Energy Development
Section 36. Policy. Consistent with the
environmental protection policies, the
national government, through the Energy
Development Board, shall undertake an
energy development program encouraging
the utilization of invariant sources such
as solar, wind and tidal energy.
***Nuclear power plant, we have Bataan
nuclear power plant which was built during
the time of Marcos. But at the time of Cory,
she immediately abolished the Department of
Energy and I was in that department. During
that time we experienced a lot of brown outs
at such efects are experienced til now kasi
napabayaan kasi ang argument nila ang
department na yun daw ang isa sa pinaka-
corrupt but I would say that such agency was
the most efecient during the time of Marcos
kasi walang mga brown out but napabayaan
and now they are planning to revive it pero
maraming ayaw kasi natatakot silang matulad
sa Japan or yung nangyari sa Russia.
***The trend right now is to go into to the use
of renewable energy. There is a form of
compensation dito on renewable energy, this is
an international law. This so called
compensation, you use this much energy, you
save this much energy thats an equivalent
into saving our environment.
Sec. 37. Measures for Energy
Development.
Measures for energy development program
may include, but shall not be limited to,
the following:
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(a) setting up of pilot plants utilizing
invariant sources of energy;
(b) training of technical personnel for
purposes of energy development; and
(c) conducting researches aimed at
developing technology for energy
development.
Sec. 38. Safety Measures on Energy
Development. Rules and regulations shall
be promulgated to prevent or mitigate the
adverse efects of energy development on
the environment. For this purpose, all
nuclear powered plants exploring and
utilizing geothermal energy, whether
owned or controlled by private or
government entities shall:
(a) observe internationally accepted
standards of safety; and
(b) provide safety devices to ensure the
health and welfare of their personnel as
well as the surrounding community.
Chapter VI
Conservation and Utilization of Surface
and Ground Waters
Sec. 39. Management Policy. In addition to
existing laws, the national government
through the National Water Resources
Council in coordination with other
appropriate government agencies, shall
prescribe measures for the conservation
and improvement of the quality of
Philippine water resources and provide for
the prevention, control and abatement of
water pollution.
***Ang ginagamit natin for our basic water
need is for example the Davao City Water
District is yung ground water but as early as
now they are considering the possible usage of
surface water kasi nauubos na yung ground
water natin and the most viable surface water
is found at Tamugan river but it is being
contested by Aboitiz and the DCWD on the
use of the water. But I like to add to that now;
they were able to come up with a solution to
such problem.
***Theres an article about the control of the
sources of water and the next world war would
be about who has control over water resources
because it is believed that water in the future
would be scarce. Diyan mag-away-away, that
would be the cause of the next world war.
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Chapter VII
Mineral Resources
***Theres a bill now pending in Congress
making Davao city mining-free if that would
be passed, Davao City would be the frst one
in the Philippines. Walang mining sa Davao
City.
***Ang trending talaga is to go mining. We
extract our resources. It is just a matter of
how you manage it, kung paano mo kukunin
etc. Kaya nga nilagay yan diyan ng Panginoon
so man should use it but it should be used in
accordance with the needs.
Sec. 40. Management Policy. - The
national government, through the
Department of Natural Resources, shall
undertake a system of gainful exploitation
and rational and efcient utilization of
mineral resources and shall encourage
citizen participation in this endeavor.
***This became efective during the time of
Marcos. During the time of Marcos, ine-
encourage niya yung participation yung mga
under the social justice system, yung sinasabi
nilang backyard mining in order to support
the livelihood program ng government but the
problem is that these small-scale miners are
left on their own and they conduct mining
operations on their own without the guidance
of the government. So pollution dito pollution
doon then the problem became bigger and
bigger .
Sec. 41. Measures for Exploitation and
Utilization of Mineral Resources. Measures
for the gainful exploitation and rational
and efcient utilization of such mineral
resources may include, but shall not be
limited to the following:
(a) increasing research and development in
mineral resources technology;
(b) training of additional technical
manpower needed in geology, geophysics,
mining engineering, and related felds;
(c) regulating the exploitation of identifed
mineral reserves;
(d) accelerating the exploration of
undiscovered mineral deposits; and
(e) encouraging the establishment of
processing plants for refned metals.
TITLE V: WASTE MANAGEMENT
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***Waste management-it is also a problem
here in Davao City. We generate a lot of waste.
Hindi lang waste on our households, on our
ofces but the bigger problem is the waste
generated from the hospitals they are highly
communicable, walang waste disposal system
ang mga hospital though sa kanila merong
segregation but it is only up to that. How do
we dispose of them? Zero! Why? 1. Lack of
initiative from the government to implement
the laws. 2. Sa local, wala tayong facilities. 3.
Wala tayong technology- even if gusto ng mga
hospitals but they are incapable because they
are busy running the hospitals . But right
now, the PAB is really looking forward that
such system would be implemented in the
next fve years.
***In Davao city, we are supposed to have a
waste segregation, meron tayong mga
basurahan and we were provided with
thousands of recycle bins how many years ago
pero ngayon parang wala na kasi yung ibang
magagaling na mga Pilipino ninanakaw at
dinadala nila sa bahay nila, yung ibang
industries dinadala nila sa mga yarda nila.
Tapos meron tayong color coding even meron
tayong color coding like black (non-
biodegradable) and green (biodegradable).
Even the segregation starts at home the
problem began at the transport pagdating
doon sa truck iniisa nalang nila then
pagdating sa tambakan iniisa lang nila so
useless. There is no technical support from
the ENB. The ENB is supposed to take a
strong lead at this waste segregration program
pero wala pa rin.
Sec. 42. Purpose. The purposes of this
Title are:
(a) to set guidelines for waste management
with a view to ensuring its efectiveness;
(b) to encourage, promote and stimulate
technological, educational economic and
social eforts to prevent environmental
damage and unnecessary loss of valuable
resources of the nation through recovery,
recycling and re-use of wastes and waste
products; and
(c) to provide measures to guide and
encourage appropriate government
agencies in establishing sound, efcient,
comprehensive and efective waste
management.
Chapter I
Enforcement and Guidelines
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Sec. 43. Waste Management
Programs. Preparation and
implementation of waste management
program shall be required of all provinces,
cities and municipalities. The Department
of Local Government and Community
Development shall promulgate guidelines
for the formulation and establishment of
waste management programs.
***The agency responsible for this would be
the LGUs. Actually meron nay an siya but it is
not actually being enforced. Tapos yung
initiative nawala na ngayaon kahit ano nalang,
supposedly it should be MWF-biodegradable
tapos TTH-non-biodegradable tapos hindi nila
kukunin yung basura mo sa hindi takdang
araw pero ngayon wala, sa amin once a week
lang so pinag-isa nila yung bio at non-bio,
binubuhos lang nila sa truck tapos yung mga
basurero sinesegregate nila yung puwede
pang-marecycle tapos binebenta nila.
Every waste management program shall
include the following:
(a) an orderly system of operation consistent
with the needs of the area concerned;
(b) a provision that the operation will not
create pollution of any kind or will constitute
public nuisance;
(c) a system for a safe and sanitary disposal of
waste;
(d) a provision that existing plans afecting the
development, use and protection of air, water
or natural resources shall be considered;
(e) schedules and methods of implementing
the development, construction and operation
of the plan together with the estimated costs;
and
(f) a provision for the periodic revision of the
program to ensure its efective
implementation.
Sec. 44. Responsibility of Local Governments.
Each province, city or municipality shall
provide measures to facilitate the collection,
transportation, processing and disposal of
waste within its jurisdiction in coordination
with other government agencies concerned.
For this purpose, the national government
shall provide the necessary subsidy, to local
governments upon request made through the
National Environmental Protection Council
and subject to such terms and conditions as
the latter may provide.
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Chapter II
Methods of Solid Waste Disposal
***Ano yung methods of waste disposal? Later
on we will discuss on Clean Air Act. So we
have solid waste disposal, sanitary landfll,
incinerations-actually sa Clean Air Act nawala
na itong incinerations. Yung incineration is
yung sinussunog yung mga basura tapos may
chimney yan doon sa chimney ini-emit yung
smoke. Nawala ito ngayon yung incineration
but the irony of it under Clean Air Act- it bans
incineration but it allows traditional
incineration-yung siga sa bahay. They say,
kung ipunin mo yang mga siga ng buong
Pilipinas compared to those incineration
plants, yung mga efuents, yung smoke, mas
sobra pa yang smoke na yan kaysa mga smoke
galing sa mga incineration plant.
Sec. 45. Solid Waste Disposal. Solid Waste
dispos.al shall be by sanitary landfll,
incineration, composing, and other
methods as may be approved by competent
government authority.
Sec. 46. Sanitary Landflls. Local
governments, including private
individuals, corporations or organizations
may operate one or more sanitary
landflls. Any entity proposing to operate
a sanitary landfll shall submit to the
appropriate government agency an
operational work plan showing, among
other things, a map of the proposed work
location, disposal areas for rubbish,
garbage, refuse and other waste matter;
and the equipment or machinery needed to
accomplish its operations. In no case shall
landfll or work locations under this
Section be located along any shore or
coastline, or along the banks of rivers and
streams. lakes throughout their entire
length, in violation of any existing rules
and regulations.
Sec. 47. Incineration and Composting
Plants. The installation and establishment
of incineration or composting plants, or
the alteration/modifcation of any part
thereof shall be regulated by the local
governments concerned in coordination
with the National Pollution Control
Commission.
Sec. 48. Disposal Sites. The location of
solid waste disposal sites shall conform
with existing zoning; land use standards,
and pollution control regulations.
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Sec. 49. Dumping into the Sea and Other
Navigable Waters. The dumping or
disposal of solid wastes into the sea and
any body of water in the Philippines,
including shorelines and river banks,
where these wastes are likely to be washed
into the water is prohibited. However,
dumping of solid wastes or other
materials into the sea or any navigable
waters shall be permitted in case of
immediate or imminent danger to life and
property, subject to the rules and
regulations of the Philippine Coast Guard
and the National Pollution Control
Commission.
Government agencies and private entities
which are undertaking solid waste
management programs shall make
consultations with the government
agencies concerned with respect to the
efects of such dumping to the marine
environment and navigation.
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PD 1586: ESTABLISHING AN
ENVIRONEMTAL IMPACT STATEMENT
SYSTEM, INCLUDING OTHER
ENVIRONMENTAL MANAGEMENT RELATED
MEASURES AND FOR OTHER PURPOSES.
***What is the EIS? PD 1586 or otherwise
known as Environmental Impact Statement
System xxxxx.
***What is the rationale of this law? The
necessity of establishing and
institutionalizing of a system whereby the
exigencies of socio-economic undertakings
can be reconciled with the requirements of
environmental quality. So dapat i-reconcile
mo yung dalawa. Industry vs. the
environment, ano ang median diyan? The EIS
system is aimed at fnding the line of best ft
(?) ilalagay mo yung industry diyan pero you
make sure that the impact on the environment
is mitigated. Hindi masyadong destructive sa
environment. Yan ang short na rational about
PD 1586.
Section 1. Policy. It is hereby declared the
policy of the State to attain and maintain
a rational and orderly balance between
socio-economic growth and environmental
protection.
***When we say noh about environmental
protection, it does not mean that we should
live in caves noh, we should allow ourselves to
grow but not to destroy the environment or
kung merong industry na nakakasira diyan,
put up some mitigating measures so the
impact to the environment is lessen, lessen to
a tolerable degree, there are standards kung
hanggang saan lang ang puwede. Yan ang
objective ng EIS System.
Discussion of the direct or indirect
consequences upon the human welfare as
well as the ecological and environmental
integrity.
***Ano yung direct at yung indirect? Sabi nga
if you get the ecological footprint of a tree from
the time na tinanim yan hanggang sa time
lumaki at putulin yan, so ano ang direct
reason niyan? Siguro yung economic value
niya. What is the economic value of a tree?
70 pesos per board foot times kung ilang
board feet yung tree, yun yung kaniyang
economic value. How about yung other value?
Yung mga hindi puwedeng i-quantify through
money, ano yung puwedeng mawala? Sige
daw!! For example pinutol mo yung isang full
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grown tree, ilang ibon ang namamahay diyan?
Diba mawawalan sila ng bahay? Ilang
butterfies ang gumagamit sa kniyang
bulaklak? I-mumultiply mo yan o bees kaya
na namumugad diyan? Yung mga uod na
nakatira sa roots ng kahoy na yan. So can you
quantify that? Isang kahoy lang yan, paano na
kaya kung ektarya ektarya , so can you
imagine the possible efects to the plants, the
animals pati na rin sa human beings. Kaya
nga sabi nila di mo talaga ma-quantify yan.
***Ano yung Environmental Impact
Statement Assessment? Ano ang i-aassess
mo diyan? To identify the important
environmental consequences including
social factors that may occur to the
projects that may be done. ***Ano yung
social factors? Ilang tao ang nakatira diyan?
Sino ang nakatira diyan? Kapag itinayo mo
yung project mo diyan ilang tao ang madi-
displace? It is a type of measure to eliminate
or minimize the said impacts. Ano yung mga
measures to be done in order to minimize the
impact to the environment at dito sa mga
social factors na ito, yung mga taong
apektado, yung mga animals na apektado.
***Later on meron diyang decree na naglilista
sa mga environmentally critical areas at yung
mga environmentally critical projects. So if
you fall either of these two then you must
undergo the EIS system. Kung hindi ka
naman na-bebelong diyan, puwedeng hindi na
but this has been I should say abused noh or
naging overzealousness ng ENB, almost all
types of undertakings or projects required an
ECC. Kahit gagawa ka lang ng maliit na
gasoline station diyan, you need to undergo
the EIS system.
***So what is PD 2146? It lists down the areas
which are considered to be environmentally
critical and what projects are considered to be
environmentally critical.
Section 9. Penalty for Violation. Any
person, corporation or partnership found
violating Section 4 of this Decree, or the
terms and conditions in the issuance of
the Environmental Compliance Certifcate,
or of the standards, rules and regulations
issued by the National Environmental
Protection Council pursuant to this Decree
shall be punished by the suspension or
cancellation of his/its certifcate or and/or
a fne in an amount not to exceed Fifty
Thousand Pesos (P50,000.00) for every
violation thereof, at the discretion of the
National Environmental Protection
Council.
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***So tignan niyo yung penalty, suspension or
cancellation of his/its certifcate or and/or a
fne in an amount not to exceed Fifty
Thousand Pesos (P50,000.00) for every
violation thereof, so do you think this would
deter a person in violating the EIS system?
Wala diba?
***So ano ang scope ng EIS system? Eto who
are covered? All government agencies,
including its instrumentalities as well as
GOCCs, private corporations, frms, entities
and individuals. I have told you about the
Artica Sports dome right? So they started the
construction of the dome without an ECC and
at that time si Mayor de Guzman was charged
to be criminally liable for the violation of PD
1586 dahil nagstart sila without undergoing
the EIS system. Ang sabi naming, Artica
Soprts dome ay hindi covered ng EIS system
because 1. LGUs are not included in the
scope. 2. The project is not considered to be
an undertaking in an environmentally critical
area and 3. The project is not considered to an
environmentally critical one. The SC struck
down the frst line of defense, for the purposes
of PD 1586, LGUs are covered otherwise the
spirit of PD 1586 would be defeated by mere
technicality so that any LGU would just do
away with the EIS system. But the SC agreed
with the 2
nd
and the 3
rd
defences. Kasi ang
sabi ng Mines and Geosciences Bureau, the
entire Davao City is an environmentally
critical area then ang sabi naming, if thats
the case you yourself is violating the PD 1586
because kung mag-construct lang kayo ng
anything noh, kahit maliit na kubeta you have
to undergo the EIS system so you have to pass
your mitigating measures to minimize the
impact to the environment doon palang talon
a ang argument nila. And we also submitted
evidences to prove that Davao City is not an
environmentally critical area.
Environmental Compliance Certifcate
(ECC)-
It is a piece of document issued by the
DENR/EMB after a positive review of an
ECC application, certifying that based on
the representations of the proponent, the
proposed project or undertaking will not
cause signifcant negative: environmental
impact. The ECC also certifes that the
proponent has complied with all the
requirements of the EIS System and has
committed to implement its approved
Environmental Management Plan. The ECC
contains specifc measures and conditions
that the project proponent has to
undertake before and during the operation
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of a project, and in some cases, during the
project's abandonment phase to mitigate
identifed environmental impacts.
***Ibig sabihin if you have an ECC, sinasabi
lang na you have undergone the EIS system,
this is the project, this is the capacity of the
project and there are certain conditions there
that you have to follow. Kapag hindi mo yun i-
fnollow, marerevoke ang ECC mo. Meron din
siyang mitigating measures also, you are
allowed to construct this project provided that
you have put up this mitigating measure like
canal diyan, big fences, water sewage system
etc.
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PD 2146
***This is a list actually containing the
projects which are considered to be as critical
and the areas considered as critical.
***We go directly to environmentally critical
projects. I have to emphasize hah, if a project
is undertaken within an ECA (environmentally
critical areas) you have to undergo EIS system.
Kung project naman, irrespective of the area
kahit saan mo ilagay yan basta yung project is
listed as an ECP (environmentally critical
project) it has to go the EIS system. So ECP
regardless of the area, ECA regardless of the
project.
A.Environmentally Critical Projects
I. Heavy Industries
a. Non-ferrous metal industries
b. Iron and steel mills
c. Petroleum and petro-chemical industries
including oil and gas
d. Smelting plants
***Yan yung categorized as heavy industries.
II. Resource Extractive Industries
a. Major mining and quarrying projects
b. Forestry projects
1. Logging
2. Major Wood processing projects
3. Introduction of fauna (exoticanimals) in
public/private forests
4. Forest occupancy
5. Extraction of mangrove products
6. Grazing
c. Fishery Projects
1. Dikes for/and fshpond development
projects
III. Infrastructure Projects
a. Major dams
b. Major power plants (fossil-fueled,
nuclear fueled, hydroelectric or
geothermal)
c. Major reclamation projects
d. Major roads and bridges
***So if you are planning to construct a major
dam kailangan ng ECC or kung yung power
plants like coal plants.
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***So what are those considered as
environmentally critical areas?
B.Environmentally Critical Areas
1. All areas declared by law as national
parks, watershed reserves, wildlife
preserve and sanctuaries;
*** So kahit ano pa ang ilagay mo diyan you
have to undergo the EIS system.
2. Areas set aside as aesthetic potential
tourist spots;
3. Areas which constitute the habitat for
any endangered or threatened species of
indigenous Philippine Wildlife (fora and
fauna);
4. Areas of unique historic,
archaeological, or scientifc interests;
5. Areas which are traditionally occupied
by cultural communities or tribes;
6. Areas frequently visited and/or hard-hit
by natural calamities (geologic hazards,
foods, typhoons, volcanic activity, etc.);
7. Areas with critical slopes;
8. Areas classifed as prime agricultural
lands;
9. Recharged areas of aquifers;
10. Water bodies characterized by one or
any combination of the following
conditions;
a. tapped for domestic purposes
b. within the controlled and/or protected
areas declared by appropriate authorities
c. which support wildlife and fshery
activities
11. Mangrove areas characterized by one
or any combination of the following
conditions:
a. with primary pristine and dense young
growth;
b. adjoining mouth of major river systems;
c. near or adjacent to traditional
productive fry or fshing grounds;
d. which act as natural bufers against
shore erosion, strong winds and storm
foods;
e. on which people are dependent for their
livelihood.
12. Coral reefs, characterized by one or
any combinations of the following
conditions:
a. with 50% and above live coralline cover;
b. spawning and nursery grounds for fsh;
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c. which act as natural breakwater of
coastlines.
***So thats the full list but you can also have
the full text of the law.
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RA NO. 9275: AN ACT PROVIDING FOR A
COMPREHENSIVE WATER QUALITY
MANAGEMENT AND FOR OTHER
PURPOSES
SECTION 2. Declaration of Policy. - 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.
***Coverage of the Act- Water quality
management in all water bodies: Provided,
That it shall primarily apply to the
abatement and control of pollution from
land based sources. ***So basically, the
Clean Water Act covers the water quality
management in all bodies of waters. What is
the purpose To abate or control pollution from
land-based sources. Tandaan niyo huh, Land
based sources.
***The water quality management area
supposedly the NWRB, the department based
on DENR in coordination with NWRB shall
designate areas that shall designate certain
areas as water quality management areas, this
is also in coordination with the LGUs using
appropriate physiographic units such as
watershed, river basins or water resources
regions. They would identify certain areas
within the local government unit and
designate the same as water quality
management area. Sino ang namamahala
nito? Well in the Philippines we have 60
watersheds and 9 are located in Davao: The
Lasang river, the Bunawan river, Panacan
river, Davao river, Matina (?), Talomo river,
Lipadas river, Kinawayan river and Sibulan
river. These are the 9 watersheds in Davao
city.

***Sources of water: Groundwater and
Surface water. Actually sa Constitution
kasali ang atmospheric water (Yung ulan ba)
but it is not covered by the Clean Water Act.
***Water quality management area- ito ay
governed by a board comprising of
mayors, governors of member LGUs. So
sabihin natin that this area is between 2
adjacent LGUs, yung mga mayors and
governors diyan would compose the
management board. And representatives of
relevant national government agencies,
duly registered non-governmental
organization, water utility sector, and
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business sector. But I am not aware if merong
ganyang board here in Davao city.
***Management of Non-attainment Areas-
The DENR also identifes areas kung saan
polluted na masyado and label it as NON-
ATTAINMENT AREAS. Ano yung non-
attainment areas? Yun yung mga areas which
exceed the allowable standards or standards
allowed by the law.

Classifcation of Water according to
quality:
1.Meron tayong CLASS AA- Like
watersheds, pristine ang quality ng
water nito.
2.CLASS A-For water supplies, puwede
ito maging source of water supply
for an entire community but it must
treated gaya ng DCWD. Dumadaan
yan ng treatment.
3.CLASS B- When it says Class B it
means for recreation such as
bathing, swimming, etc. Those
designated for tourism purposes.
4.CLASS C- It shall be for the
propagation of other aquatic
resources. Recreational water class
like for boating etc. and for
industrial supply.
5.CLASS D- Agriculture, irrigation.
Primarily for irrigation. Industrial
water supply and cooling para sa
cooling power for industrial
purposes (?).
2006 Classifcation of Water bodies in
Davao City: (Do you think the water
quality has improved?) As of 2006 Davao
city:
a.Bunawan river- Class C
b.Davao river (Up stream)-Class A
c.Maa river(Down stream)- Class C
d.Ilang river- Class C
***So wala tayong Class AA.
SECTION 7. National Sewerage and
Septage Management Program. ***So in
Davao city wala tayong sewerage and septic
system, kami sa Maynila meron yung Manila
Waterworks and Sewerage System. Although
the DPWH under the Clean Water Act is
directed to prepare a national program on
sewerage and septic management, I dont
know again if we have that kind of program in
Davao city, but one thing is sure we dont have
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such system so how can we have a program if
we dont have a system.
***Theres a policy in the Laguna Lake, we
have an authority there diba? LLDA. There is
a program kung saan napupunta ito sa
national water management fund but that is
within LLDA but there is no such thing
working here in Davaocity, yung policy na
POLLUTERS SHALL PAY. If you pollute, you
pay. In Laguna de Bay, maraming mga
factories yung mga dumi nila dumidiretso sa
Laguna de Bay. Now if you exceed the
standards allowed by the law I mean the
efuents, they pay. Hindi ka naman puwedeng
mag-discharge ng efuents without a permit
from the LLDA but in Davao city seems that
those efuence from the factories did not
passed itong waste water management. (For
purposes of complying such permit, these
factories have water sewage system. When the
DENR inspects theres water sewage system
but at the time the DENR turns its back in
actual practice, di ginagamit niyan kasi it is
very expensive to operate and maintain one
pero titignan mo andyan yan.)
SECTION 12. Categories of Industry Sector.
- Within twenty-four (24) months from the
efectivity 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 efuent standards will be
provided for each signifcant wastewater
parameter per industry sector.
The Department shall provide additional
classifcation based on other parameters
specifcally associated to discharge of a
particular industry which shall be
included in the listing of categories
prescribed in the preceding paragraph.
***If you are for example in a manufacturing
industry, i-claclassify kayo or if you are an
agricultural industry meron kayong sariling
mga standards, the efuents or discharges
which come from your factory would be
regulated based on the standards and if you
exceed the standards you will pay or if you
violate later tignan ninyo ang mga penalties.
***Tignan ninyo-Laguna Lake Region and
Regional Industrial Centres which will collect
waste industrial charges. It yung tawag nila
POLLUTERS SHALL PAY.
SECTION 13. Wastewater Charge System.
XXXX The system shall be established on the
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basis of payment to the government for
discharging wastewater into the water bodies.
XXXX
***It is not really, even if you do not exceed the
standards for as long as you discharge water
into the water body depending on the volume
of waste more so if you exceed the standards
then you have violated the law. So sasabihin
nila you are allowed to discharge then you
have the permit to discharge based on the
volume mapupunta sa fund yan, anong
purpose ng fund na yan? For rehabilitation
purposes.
***Discharge permits, yan! The Department
shall require owners or operators of
facilities that discharge regulated
efuents pursuant to this Act to secure a
permit to discharge. ***So if you discharged
without a permit you violate the law.
SECTION 16. Clean-Up Operations. ***Kung
may pollution na? Example, Oil Spill-The
corporation who caused it or the owner of
such oil, a tanker for example shall be
responsible to contain, remove and clean-up
any pollution incident at his own expense.
Emergency clean-up operations shall be
undertaken by DENR especially if the
corporation has no capability of doing so but
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.
***How much did the Phoenix paid? When
yung kanilang tank ay nasira, I think 1.2
Billion Pesos. But that is not enough to
rehabilitate that area. This brings back to
what happened in Guimaras. Ito yung aerial
view, eto lang yung oil na nasadsad di pa
talaga yun yung nangyari sa dagat, this would
take 20 years to put back to its original state
(Just imagine) You see the damage in the
environment.
***Lead Agency: The DENR.
***What is the role of the LGUSs? Ang
sinasabi is you share in the management and
improvement of water quality within your
territorial jurisdictions.
SECTION 24. Pollution Research and
Development Programs.
SECTION 25. Rewards. ***Bibigyan ka ng
medalya ng gobyerno if you undertake
outstanding and innovative projects,
technologies, processes and techniques or
activities in water quality management.
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***Several years ago, I wrote an article about
water sabi ko doon if you can put all potable
water into a jar of water like a gallon of water,
ilagay mo diyan lahat ng water only about a
teaspoon of water ang potable, ganon lang ang
ratio and if there would be a world war, it will
not be about oil but about who will control
water. Like 100 years from now pinag-aawayan
na yang water actually kahit ngayon napaka-
crucial nay an. If we will not do something
about our sources of water, dito palang
magpapatayan na yan. So fast forward ng 100
years more, you will not be surprise to see
people around with masks. Nakamaskara na
lahat so din a mag-matter kung pangit ka o
maganda pati yung mga make-up.
SECTION 27. Prohibited Acts.
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, foods or otherwise, which could
cause water pollution or impede natural
fow in the water body;
***This is a very motherhood statement that
would constitute discharge, anything that
would constitute deposit, and anything that is
considered material-kasali ang HUMAN
WASTE. Yung sa Bankerohan, yung home
along the river. Dumidiretso sa river tapos
kinankain ng janitor fsh tapos hinuhuli ng
tao. You know in Manila, yung isang
dinadaanan naming doon along the river, ang
daming taong nag-ffshing, tapos sabi ko
anong hinuhuli nila sabi ng kausap ko, janitor
fsh sabi ko diba sa aquarium lang yan. Tapos
tanong ko ulit, anong ginagawa nila diyan?
Ginagawa raw na pulutan. So kinakain nap
ala ang mga Janitor fsh ngayon sabi pa nga
nila, sa mga palainum daw yan daw ang
masarap na pulutan. So any discharge, so if
you discharge you are already violating Sec.
27.Directly or indirectly, direst o ano ba (?)into
the water bodies or along the margins of any
surface water.
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, fushing,
commissioning, venting) and deep re-
injection of geothermal liquids may be
allowed: Provided, That safety measures
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are adopted to prevent the contamination
of the groundwater;
***Biro niyo huh,di man lang sinabing
knowingly, intentionally, walang sinasabi so
like if you own a house in a subdivision along
Dumoy, yang Dumoy ay part na ng aquifer, an
aquifer is a source of water like the ones
owned by DCWD then you have a septic tank
but youre septic tank is not well-constructed
the water from the septic tank lalabas then it
will seep in into the ground water so while you
are sleeping di mo alam you are already
violating the Clean Water Act kasi you are
allowing these pollutants to seep into the
ground water. Check your septic tanks huh!
Baka nakakaviolate na kayo.
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;
***So here it is presumed that you really
intentionally violated the law when you
operate without a permit.
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;
***Sea water was a big issue before yung sa
Subic. Kasi isa sa mga provider sa port, yung
mga provider ito yung kumukuha sa mga
waste sa barko, nililinisan nila ang mga barko
tapos itatapon nila pero yung provider dito
pagkatapos niyag kunin yung mga basura
dinala niya sa malayong part ng dagat tapos
doon niya i-tinapon tapos nahuli siya pero
mayroong underlying story doon yung nag-
sumbong is yung competing provider. So you
know the motives.
***Tignan niyo ito huh sea water, sea water.
Kapag sinabi niyong surface water it does not
only covered rivers but it also covers oceans
within our territorial jurisdiction, sea kasama
ang sea waters.
***Actually kung ano yung mga prohibition
dito, if you look at the Marine Pollution Decree
halos pareho lang ng mga violation though
yung nasa MPD is more specifc sa sea water.
e) Unauthorized transport or dumping into
sea waters of sewage sludge or solid waste
as defned under Republic Act No.9003;
f) Transport, dumping or discharge of
prohibited chemicals, substances or
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pollutants listed under Republic Act
No.6969;
g) Operate facilities that discharge or
allow to seep, willfully or through gross
negligence, prohibited chemicals,
substances or pollutants listed under R. A.
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;
***Ano ito? Yung EIS system.
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 ofcials 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;
***klm-These would also constitute prohibitive
acts.
n) Refusal or failure to designate pollution
control ofcers whenever required by, the
Department in accordance with this Act;
and
***PCOs ang tawag so lahat ng mga companies
ngayon are required to employ an PCO or if
that employees are connected with the frm he
has to be designated as a PCO. Alam niyo
malaking source of income I would also say if
theres income theres also corruption dito sa
Davao City you would ask saan napupunta
yung pera? Because there is an organization
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usually naka-attach sa DENR then sila yung
usually nag-conconduct ng mga seminars on
regulations about the environmental
management, pollution control, new
memoranda from DENR kagaya ng MCLE
because di ka puwedeng maging PCO if you
are not accredited by DENR so dapat ka
munang mag-seminar. I think 3 to 5 thousand
peso every 4 months and if you think
maraming PCOs so saan kaya napupunta ang
pera di nila masagot yan.
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.
***Bawal yung booster kasi kawawa naman
yung kapitbahay mo kung gagamitan mo ng
booster pump ang linya ng tubig.
***Talking about corruption, sabi nila without
any ofense which is the correct statement,
half of the congressmen in the congress are
like crocodiles or half of them are not
crocodiles. Alin ang tamang statement doon?
It is like saying is the glass of water half full or
half empty. I will say, not all of them are not
crocodiles kasi marami naming mga mababait.
SECTION 28. Fines, Damages and
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 fned by the Secretary, upon the
recommendation of the PAB in the amount
of not less than Ten thousand pesos
(P10,000.00) nor more than Two hundred
thousand pesos (P200,000.00) for every
day of violation.
***Kayang-kaya yang bayaran ng mga multi-
national companies. They would rather pay
the fnes than to maintain a water sewage
facility. It would take millions of dollar to put
up then to operate that facility than to pay the
fne so it does not deter the provision of the
violation (?).
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
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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.
***Ano yung PAB? Pollution Adjudication
Board, it is an adjunct of DENR under the
ofce of the Secretary.
***There are 2 instances where the PAB can
issue the cease and desist order. Ano yunn? 1.
When the efuents exceed the standards of
the law and 2. If theres an imminent danger
to persons, property or animals the PAB can
immediately issue CDO.
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 fne not less than Fifty
thousand pesos (P50,000.00) and not more
than One hundred thousand pesos
(P100,000.00) 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 fne
of Five Hundred Thousand Pesos
(P500,000.00) per day for each day during
which the omission and/or contamination
continues.
***Failure to undertake clean-up operations-
so what does this imply? So if theres an oil
spill, you are not held criminally liable unless
you intentionally fail to undertake clean-up
operations.
***So anong ibig sabihin ng gross violation?
a) deliberate discharge of toxic pollutants
identifed pursuant to Republic Act
No.6969 in toxic amounts;
b) fve {5) or more violations within a
period of two (2) years; (So it encourages
repetition) or
c) blatant disregard of the orders of the
PAB, such as the non-payment of fnes,
breaking of seals or operating despite the
existence of an order for closure,
discontinuance or cessation of operation.
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***Eto yung kanyang penalty kasi
pangmalakihan na ito. In which case,
ofenders shall be punished with a fne of
not less than Five hundred thousand pesos
(P500,000.00) but not more than Three
million pesos (P3,000,000.00} per day for
each day of violation or imprisonment of
not less than six {6) years but not more
than ten {10) years, or both, at the
discretion of the court.
If the ofender is a juridical person, the
president, manager and the pollution
control ofcer or the ofcial in charge of
the operation shall sufer the penalty
herein provided.
SECTION 29. Administrative Sanctions
Against Non-compliance with the Water
Quality Management Area Action Plan. -
Local government ofcials concerned
shall be subject to Administrative
sanctions incase of failure to comply with
their action plan accordance with the
relevant provisions of R.A. No. 7160.
***Who is interested in this?
SECTION 36. Efectivity. - This Act shall
take efect ffteen (15) days from the date
of its publication in the Ofcial Gazette or
in at least two (2) newspapers of general
circulation.
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(Ang sabi ni Sir PD 976 sa kanyang lecture
pero iba ang PD 976 kasi it talks about soil
management pero kapag tinignan niyo ang
PD 979 mostly sa mga diniscuss niya ay
galing sa PD 979.)
PD 979: PROVIDING FOR THE REVISION
OF PRESIDENTIAL DECREE NO. 600
GOVERNING MARINE POLLUTION
This Decree shall be known as the Marine
Pollution Decree of 1976.
***What is the policy of the state? To prevent
and control the pollution of seas by the
dumping of wastes and other matter which
create hazards to human health, harm
living resources and marine life, damage
amenities, or interfere with the legitimate
uses of the sea within the territorial
jurisdiction of the Philippines.
***So at frst glance, you can always see that
Marine Pollution Decree covers seas but it also
covers fresh waters like the navigable rivers.
***Defnition of terms:
a."Discharge" includes, but is not
limited to, any spilling, leaking,
pumping, pouring, emitting,
emptying or dumping but does not
include discharge of efuents from
industrial or manufacturing
establishments, or mill of any kind.
***It does not include discharge of efuents
from industrial or manufacturing
establishments, or mill of any kind kasi
covered na ito ng Clean Water Act. Yung
mga efuents being discharged by the
factories
b."Dumping" means any deliberate
disposal at sea and into navigable
waters (***Ano yung ibig sabihin ng
navbigable waters? These includes
yung mga navigable rivers) of wastes
or other matter from vessels,
aircraft, platforms or other man-
made structures at sea, including
the disposal of wastes or other
matter directly arising from or
related to the exploration,
exploitation and associated of-
shore processing of sea bed mineral
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resources unless the same is
permitted and/or regulated under
this decree: Provided, That it does
not mean a disposition of any
efuent from any outfall structure
to the extent that such disposition is
regulated under the provisions of
Republic Act Numbered Three
Thousand Nine Hundred Thirty-One,
nor does it mean a routine
discharge of efuent or other matter
incidental to the propulsion of, or
derived from the normal operations
of vessels, aircraft, platforms or
other man-made structures at sea
and their equipment.
c. "Oil" means oil of any kind or in
any form including, but not limited
to, petroleum, fuel oil, (***The term
fuel oil in other countries they refer as
diesel oil ) sludge, oil refuse, and oil
mixed with wastes other than
dredge spoil.
d. "Navigable Waters" means the
waters of the Philippines, including
the territorial sea and inland waters
which are presently, or be in the
future susceptible for use by
watercraft.
***Territorial sea nasa labas ng
teritoryo natin and inland waters yung
nasa pagitan ng mga isla kasali yan
which which are presently, or be in the
future susceptible for use by watercraft-
so ginagamit na o puwedeng gamitin sa
future.
e. "Vessel" means every description
of watercraft, or other artifcial
contrivance used, or capable of
being used, as a means of
transportation on water.
f. "Person" includes any being,
natural or juridical, susceptible of
rights and obligations or of being
the subject of legal relations.
g. "Refuse" means garbage, waste,
wood residues, sand, lime cinders
ashes, ofal, nightsoil, tar, dye
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stafs, acids, chemicals and
substances other than sewage and
industrial wastes that may cause
pollution.
***Even though it is all embracing
except industrial waste and sewage it is
covered by other law.
***What are the prohibited acts?
a.discharge, dump or sufer, permit
the discharge of oil, noxious
gaseous and liquid substances
and other harmful substances
from or out of any ship, vessel,
barge, or any other foating
craft, or other man-made
structures at sea, by any method,
means or manner, into or upon
the territorial and inland
navigable waters of the
Philippines;
b.throw, discharge or deposit,
dump, or cause sufer or procure
to be thrown, discharged, or
deposited either from or out of
any ship, barge, or other foating
craft of vessel of any kind, or
from the shore (***So nagtapon ka
diyan sa shoreline, you have violated
the Marine Pollution Decree),
wharf, manufacturing
establishment(***Except yung
efuents), or mill of any kind, any
refuse matter of any kind or
description whatever other than
that fowing from streets and
sewers and passing therefrom in
a liquid state into tributary of
any navigable water from which
the same shall foat or be
washed into such navigable
water; and
***So again it gives us the impression
that it covers also itong mga privitaries
(?) Saan lalabas ba yung mga
privitaries? Sa sea or sa river or any
bodies of water.
c.deposit or cause, sufer or
procure to be deposited material
of any kind in any place on the
bank of any navigable water or
on the bank of any tributary of
any navigable water, where the
same shall be liable to be washed
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into such navigable water, either
by ordinary or high tides, or by
storms or foods, or otherwise,
whereby navigation shall or may
be impeded or obstructed or
increased the level of pollution of
such water.
***Kahit anong itapon provided that
kapag naghihigh tide nawawash-out
away sa shore so have violated the law.
***So what are the exceptions? Except in
cases of emergency imperilling life or
property, or unavoidable accident,
collision, or stranding or in any cases
which constitute danger to human life or
property or a real threat to vessels(***There
is a term there, what is that? Jettison- you
can throw away things to the sea. Do you
think this would violate the law?) , aircraft,
platforms, or other man-made structure,
or if damping appears to be the only way
of averting the threat and if there is
probability that the damage consequent
upon such dumping will be lees than
would otherwise occur, and except as
otherwise permitted by regulations
prescribed by the National Pollution
Control Commission or the Philippine
Coast Guard.
***Penalties for violations-Fine -200 to 10
thousand pesos. Imprisonment- by
imprisonment of not less than thirty days nor
more than one year or both such fne and
imprisonment, for each ofense, without
prejudice to the civil liability of the ofender in
accordance with existing laws. For vessels
pareho lang, in addition clearance of such
vessel from the port of the Philippines may be
withheld until the fne is paid.
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THREE CASES
***These are very important cases.
First, PAB vs Court of Appeals and Solar
Textile Finishing Corporation.
***This is an old case but it is still okay.
Facts: In 1988 PAB (Pollution Adjudication
Board, a ofce adjunct to DENR under the
ofce of the Secretary) issued an ex
parte Order (***Alam niyo naman yang ex
parte? FOR ITS OWN without a hearing)
directing Solar immediately to cease and
desist from utilizing its wastewater
pollution source installations which were
discharging untreated wastewater directly
into a canal leading to the adjacent
Tullahan-Tinejeros River. (***I remember I
told you before that most of the factories have
waste water treatment facility but it is very
high maintenance so ang ginawagawa nila is
for the purposes of showing it to the DENR
whenever DENR conducts an inspection,
pinapaandar nila yan para sabihing
nagcocomply sila pero kapag natapos na ang
inspection wala na.) The basis for the
issuance of the CDO were the inspections I
guess there were two inspections
conducted by DENR and accordingly the
waste water facility was not operating and
the combined wastewater generated from
its operation was about 30 gallons per
minute and 80% of the wastewater was
being directly discharged into a drainage
canal leading to the Tullahan-Tinejeros
River by means of a by-pass and the
remaining 20% was channelled into the
plant's existing Wastewater Treatment
Plant (WTP). (***Biro niyo 20% lang pero sira
pa talaga)
The remaining 20% of the wastewater was
being channeled through Solar's non-
operational wastewater treatment plant.
Chemical analysis of samples of Solar's
efuents showed the presence of pollutants
on a level in excess of what was permissible
under P.D. No. 984 and its Implementing
Regulations. ***So merong standards but the
efuents or discharge coming from the factory
exceeds the standards. So PAB issued a CDO.
According to PAB under P.D. No. 984,
Section 7(a), it has legal authority to
issue ex parte orders to suspend the
operations of an establishment when there
is prima facie evidence that such
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establishment is discharging efuents or
wastewater, the pollution level of which
exceeds the maximum permissible
standards set by the NPCC (now, the
Board). (***So wala na yang NPCC yan na
ngayon yang PAB) Petitioner Board contends
that the reports before it concerning the
efuent discharges of Solar into the
Tullahan-Tinejeros River provided prima
facie evidence of violation by Solar of
Section 5 of the 1982 Efuent Code. ***So
sabi ng PAB yun palang that is an eveidence
itself that they have violate the standards for
PAB to issue a CDO on the other hand Solar
said that under the Board's own rules and
regulations, an ex parte order may issue
only if the efuents discharged pose an
"immediate threat to life, public health,
safety or welfare, or to animal and plant
life." In the instant case, according to
Solar, the inspection reports before the
Board made no fnding that Solar's
wastewater discharged posed such a threat.
***In other words Solar says that PAB should
prove that there is an immediate threat to
immediate threat to life, public health, safety
or welfare, or to animal and plant life. But
since there is no proof of such the PAB cannot
issue a CDO ex parte.
Ruling: Sabi ng Supreme Court under
Section 7(a) of P.D. No. 984, an ex
parte cease and desist order may be issued
by the Board (a) whenever the wastes
discharged by an establishment pose an
"immediate threat to life, public health,
safety or welfare, or to animal or plant life,"
or (b) whenever such discharges or wastes
exceed "the allowable standards set by the
[NPCC]." Sabi ng SC it is not essential that
the Board prove that an "immediate threat
to life, public health, safety or welfare, or
to animal or plant life" exists before an ex
parte cease and desist order may be issued.
It is enough if the Board fnds that the
wastes discharged do exceed "the allowable
standards set by the [NPCC] . ***So if you
exceed the allowable standards set by law that
is enough basis to issue a CDO. So eto
naman, Where, however, the efuents or
discharges have not yet been the subject
matter of allowable standards set by the
Commission, then the Board may act on an
ex parte basis when it fnds at least prima
facie proof that the wastewater or material
involved presents an "immediate threat to
life, public health, safety or welfare or to
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animal or plant life." Since the applicable
standards set by the Commission existing
at any given time may well not cover every
possible or imaginable kind of efuent or
waste discharge, the general standard of an
"immediate threat to life, public health,
safety or welfare, or to animal and plant
life" remains necessary. ***So walang
standards gamitin niyo lang yung ordinary
prudence xxx then you can issue a CDO.
***So the next case, Mead vs Argel, this is
also a very interesting case. Now if you are
found to violate an environmental law, does
the fscal has the jurisdiction to fle an action
against you?
***So yung kanyang kaso is for the violation of
RA 3931(Pollution Control Law). The
information states, willfully, unlawfully and
feloniously drain or otherwise dispose into
the highway canal and/or cause, permit,
sufer to be drained or allow to seep into
such waterway the industrial and other
waste matters discharged due to the
operation of the said Insular Oil Refnery
Co. so managed and operated by them,
thereby causing pollution of such waterway
with the resulting damage and/or
destruction to the living plants in the
vicinity and providing hazard to health and
property in the same vicinity. ***Yun yung
fnile ng fscal kasi theres a probable cause
for the violation of the said law.
***Sabi ng SC the defnition of the term
"pollution" in itself connotes that the
determination of its existence requires
specialized knowledge of technical and
scientifc matters which are not ordinarily
within the competence of Fiscals or of
those sitting in a court of justice. ***Sino
ang magsasabing pollution na yan? Sino
ang nagca-cause ng pollution, ang sabi ng
SC before maghain ng kaso there must be
frst a determination of competent
authorities or by experts that such
discharge causes pollution or resulted into
pollution but who can say that? Sabin g SC-
It is our considered view that the
Provincial Fiscal of Rizal lacked the
authority to fle the information charging
the petitioner with a violation of the
provisions of Republic Act No. 3931 there
being no prior fnding(***There is a need for
a prior fnding) or determination by the
Commission that the act of the petitioner
had caused pollution in any water or
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atmospheric air of the Philippines. ***This
is a ---parang kasama ang decision na ito
yung such certain pollution na hindi mo alam
kung ano yung dinidischarge, what if yung
makikita mo yung oil sludge or oil spill, do you
still have to go NPCC or PAB? To determine the
existence of the pollution. Lalo ng yung oil
spill- Eh namatay na yung mga corals, yung
mga animals, yung mga kahoy like the
Guimaras oil spill. So it means that you cant
fle directly before the fscals ofce then the
fscal will fle a complaint without a prior
determination that theres pollution prior to
the fling. Mahirap itong kasong ito, what is
the efect therefore if we follow this
pronouncement of SC of fling without prior
determination of the existence of such
pollution-the case is premature it will result to
the dismissal the case. Moreover, it is not to
be understood, however, that a fscal or
public prosecutor may not fle an
information for a violation of the said law
at all. He may do so if the Commission had
made a fnding or determination that the
law or any of its orders had been violated.
In the criminal case presently considered,
there had been no prior determination by
the Commission that the supposed acts of
the petitioner had caused pollution to any
water of the Philippines. The fling of the
information for the violation of Section 9
of the law is, therefore, premature and
unauthorized. Concommittantly, the
respondent Judge is without jurisdiction to
take cognizance of the ofense charged
therein. ***That is the pronouncement of the
SC.
***So the next case, Technology Developers
Inc. vs Court of Appeals. This is also a very
nice case.
The authority of the local executive to
protect the community from pollution is
the center of this controversy.
The Petitioner, a domestic private
corporation engaged in the manufacture
and export of charcoal briquette, received a
letter dated February 16, 1989 from private
respondent acting mayor Pablo N. Cruz,
ordering to cease from operating sa
Bulacan pala ito until further notice. The
letter likewise requested Plant Manager Mr.
Armando Manese to bring with him to the
ofce of the mayor on February 20, 1989
the following: a) Building permit; b) Mayor's
permit; c) Region III-Pollution of
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Environment and Natural Resources Anti-
Pollution Permit; and of other document.
***Kasi yung kanilang planta maraming
nagrereklamo.So isinumbong then
pinuntahan tapos na-confrm nila then they
ordered for the cessation kasi ang sabi rin ng
mayor wala akong matandaang nag-issue ako
mayors permit para diyan.
At the requested conference on February
20, 1989, petitioner, through its
representative, undertook to comply with
respondent's request for the production of
the required documents. In compliance
with said undertaking, petitioner
commenced to secure "Region III-
Department of Environmental and Natural
Resources Anti-Pollution Permit," although
among the permits previously secured prior
to the operation of petitioner's plant was a
"Temporary Permit to Operate Air Pollution
Installation" issued by the then National
Pollution Control Commission (now
Environmental Management Bureau)
(***Pero nag-expire na yan)and is now at a
stage where the Environmental
Management Bureau is trying to determine
the correct kind of anti-pollution devise to
be installed as part of petitioner's request
for the renewal of its permit.
Petitioner's attention having been called to
its lack of mayor's permit, it sent its
representatives to the ofce of the mayor
to secure the same but were not
entertained.
***Ang nangyari sa Artica Sports dome when
the construction started, it started without
complying the EIS system then it came up
such time when a case was fled against the
city mayor and other individuals. Ako kasi
yung counsel ni Mayor ang sabi ko we should
fle for a CNC kasi di naman kasali ang mga
LGUs diyan eh but tinanggihan ng DENR so
nag-fle kami ng case then umabot na sa SC
after many pleadings the SC fnally decided
that kasali ang mga LGUs. Pero hindi na
kailangang kumuha ng ECC for the said
project kasi di naman siya environmentally
critical project at hindi siya ginawa in an
environmentally critical area pero sadly hindi
siya itinuloy. xxxxxxxxxxxxx
On April 6, 1989, without previous and
reasonable notice upon petitioner,
respondent acting mayor ordered the
Municipality's station commander to
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padlock the premises of petitioner's plant,
thus efectively causing the stoppage of its
operation.
Left with no recourse, petitioner instituted
an action for certiorari, prohibition,
mandamus with preliminary injunction
against private respondent with the court
a quo which is presided by the respondent
judge. In its prayer for the issuance of a
writ of preliminary mandatory injunction,
it alleged therein that the closure order
was issued in grave abuse of discretion. The
respondent judge, April 19, 1989, found
that petitioner is entitled to the issuance
of the writ of preliminary mandatory
injunction. But after re-assessing the
evidences the lower court, on June 14,
1989, issued an order (a) setting aside the
order dated April 28, 1989, which granted a
Writ of Preliminary Mandatory Injunction,
and (b) dissolving the writ consequently
issued.
A motion for reconsideration dated July 6,
1989 was fled by petitioner. Said motion
drew an opposition dated July 19, 1989
from private respondent. But the CA
afrmed the decision of the LC.
Hence this petition, the petition is devoid
of merit because of these reasons among
others, ***So itong dalawang reason ang
pinakamabigat pero meron pa talagang iba:
1. No mayor's permit had been secured.
While it is true that the matter of
determining whether there is a pollution of
the environment that requires control if
not prohibition of the operation of a
business is essentially addressed to the
then National Pollution Control
Commission of the Ministry of Human
Settlements, now the Environmental
Management Bureau of the Department of
Environment and Natural Resources, it
must be recognized that the mayor of a
town has as much responsibility to protect
its inhabitants from pollution, and by
virtue of his police power, he may deny the
application for a permit to operate a
business or otherwise close the same
unless appropriate measures are taken to
control and/or avoid injury to the health of
the residents of the community from the
emissions in the operation of the business
(***So hindi mo puwedeng sabihin that mayor
you cant do that kasi walang prior
dtermination kasi sabi ng SC the mayor of a
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town has as much responsibility to protect its
inhabitants from pollution, and by virtue of
his police power, he may deny the application
for a permit to operate a business or otherwise
close the same unless appropriate measures
are taken to control and/or avoid injury to the
health of the residents of the community from
the emissions in the operation of the
business).
***So if theres pollution in your area kung
gusto niyong magreklamo you can go directly
to your mayor then isumbong niyo. Paano
kung merong Mayors permit? Puwede naman
yang i-suspend or ipa-close kasi nga all forms
of pollution is considered as nuisance which
can be abated judicially or extra-judicially.
2. The Acting Mayor, in a letter of
February 16, 1989, called the attention of
petitioner to the pollution emitted by the
fumes of its plant whose ofensive odor
"not only pollute the air in the locality but
also afect the health of the residents in
the area," so that petitioner was ordered
to stop its operation until further orders
and it was required to bring the following:
(1) Building permit;
(2) Mayor's permit; and
(3) Region III-Department of Environment
and Natural Resources Anti-Pollution
permit.
The petitioner takes note of the plea of
petitioner focusing on its huge investment
in this dollar-earning industry. ***Sabin g
SC we are aware of that- It must be stressed
however, that concomitant with the need
to promote investment and contribute to
the growth of the economy is the equally
essential imperative of protecting the
health, nay the very lives of the people,
from the deleterious efect of the pollution
of the environment. ***So hindi na yung
importante ang investment kasi mas
importante ang buhay ng mga tao.
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