Philippine Environment Laws

GENERAL ENVIRONMENTAL LAWS & POLICIES

Philippine Environmental Policy
Presidential Decree No. 1151 (06 June 1977): In the pursuit of advancing both the productive
and harmonious relationship of nature and the Filipino people of today and the future, the
Philippine Environmental Policy mandates an intensive and integrated national environmental
protection program mainly by requiring environmental impact assessments and statements.
Philippine Environmental Impact Statement System
Presidential Decree No. 1586 (11 June 1978): This policy established the Philippine
Environmental Impact Statement System (PEISS) as the framework for all environmental impact
assessment activities nationwide. In consonance with the Philippine Environmental Policy (PD
1151), the PEISS includes the classification of every development project as either
environmentally critical or environmentally non-critical. All projects that can potentially cause
any form of significant impact to the environment are regarded as environmentally critical and
are therefore required to secure an Environmental Compliance Certificate (ECC).
Strategic Environmental Plan for Palawan Act of 1992
Republic Act No. 7611: The Strategic Environmental Plan (SEP) is “a comprehensive
framework for the sustainable development of Palawan.” All projects of government agencies,
from planning to implementation, in the province should be coordinated and aligned to this
framework. The main strategy here is to establish an “Environmentally Critical Areas Network”
or ECAN which is a graded system of protective control over all terrestrial and marine natural
resources, as well as the tribal ancestral lands in Palawan. The Palawan Council for Sustainable
Development (PCSD) was created pursuant to this policy.
Climate Change Act of 2009
Republic Act No. 9729: In light of the climate vulnerability of the Philippines and its people, the
Climate Change Act of 2009 integrates climate change adaptation and mitigation strategies into
policy formulation and development activities of all government agencies. It also created
the Climate Change Commission, chaired by the President of the Republic of the Philippines, as
the central entity for all climate change-related plans and programs in the country.
Writ of Kalikasan
Rules of Procedure for Environmental Cases (A.M. No. 09-6-8-SC, 29 April 2010): The Writ of
Kalikasan (A.M. No. 09-6-8-SC Rule 7) is one of the two (2) special civil actions that any person
or entity can avail of whenever their constitutional right to a balanced and healthy environment is
violated or threatened. The other civil action that can be availed of is the Writ for Continuing
Mandamus (A.M. No. 09-6-8-SC Rule 8) which applies when a government agency or officer
violates an environmental policy.
Philippine Disaster Risk Reduction and Management Act of 2010
Republic Act No. 10121: Making the then National Disaster Coordinating Council (NDCC) into
what we know today as the National Disaster Risk Reduction and Management Council
(NDRRMC) to serve as the lead agency for disaster-related programs in the Philippines such as
but not limited to the development of the comprehensive guides for DRR efforts nationwide
(referred to as the National Disaster Risk Reduction and Management Framework
[NDRRMF] and National Disaster Risk Reduction and Management Plan [NDRRMP]).
Here is the NDRRMP for 2011 to 2028. Pursuant to this Act, regional, provincial, city, and
municipal Disaster Risk Reduction and Management (DRRM) councils and barangay DRRM
committees were also created. Among other provisions, RA 10121 also mandated DRRM
Education in secondary and tertiary education as well as in the Sangguniang Kabataan along with
the Mandatory DRRM training for public sector employees (Section 14).
ENVIRONMENTAL LAWS AND POLICIES ON WASTE
& POLLUTION
Philippine Sanitation Code
Presidential Decree No. 856 (23 December 1975): The Philippine Sanitation Code sets sanitary
standards for drinking water, food and other business establishments, industrial hygiene, schools,
health services, markets, slaughterhouses, transport vehicles, terminals and other service stations,
and lodging areas and infrastructures among many others. It regulates nuisances (anything that
injures health, endangers life, offends senses, or produces discomfort to the community), and
activities concerning dead persons, their funeral, and remains. Importantly, it regulates other
forms of pollution not covered in the above-mentioned places like that caused by certain
substances, radiation, noise, and biological pollutants among others. It also sets the requirements
for the collection of sewage, operation of sewerage works and sewage treatment plants,
construction of septic tanks, and disposal of septic tank effluents (Chapter XVII).
Marine Pollution Decree of 1976
Presidential Decree No. 979 (18 August 1976): Pursuant to this policy, dumping of wastes and
other hazardous matter into the ocean and inland waters of the Philippines is considered unlawful
unless due to unavoidable accidents or otherwise prescribed by the National Pollution Control
Commission or the Philippine Coast Guard.
Water Code of the Philippines
Presidential Decree No. 1067 (31 December 1976): The Water Code of the Philippines governs
the ownership, allocation, utilization, control, conservation, and the overall administration of all
waters and water resources in the country through the National Water Resources Board. Filipinos
of legal age and entities, including government agencies, must acquire a water permit (the
written evidence of having a water right) in order to be able to appropriate and use water. Any
activities affecting water resources shall likewise acquire a permit first.

The water permit specifies among others the

(1) maximum amount and rate as well as the schedule of water diversion or withdrawal,

(2) location of wells,

(3) place of use, and

(4) purpose/s of water use

The streambank easement zones of three (3) meters for urban areas, twenty (20) meters for
agricultural areas, and forty (40) meters for forest areas along the entire length of the rivers and
streams are also mandated under Article 51 of this Code.
Toxic Substances and Hazardous and Nuclear Wastes Control Act of 1990
Republic Act No. 6969: Importation, manufacturing, processing, sale, distribution, use, and
disposal of substances that pose an unreasonable risk and/or injury to the health of the people and
the environment are prohibited under this Act. All chemicals being presently imported,
manufactured, or used in the country are listed in an inventory with full details and any new
substances must undergo pre-manufacturing or pre-importation regulations. To get to know more
about hazardous waste management in the Philippines, check out our definitive guide on this
topic here.
Philippine Clean Air Act of 1999
Republic Act No. 8749: One of the salient features of this Act is the establishment of a multi-
sectoral Integrated Air Quality Improvement Frameworkand Air Quality Control Action Plan
which will serve as the primary guide for air pollution management and control in the country.
Adopting a multi-sectoral or participatory approach (also called “partnership approach to healthy
air” or “people-driven approach”) means that ideas and comments should be gathered from all
stakeholders, and information is largely disclosed to the public. Alongside many other regulatory
measures, all sources of air pollutant emissions are also mandated by this Act to secure a permit
to operate apart from the Environmental Compliance Certificate (ECC). Importantly, this Act
sets the emission limits for various types of pollutants both stationary and mobile, including
smoking, fuel and fuel additives, ozone-depleting substances, greenhouse gases, and organic
pollutants among many others.
Ecological Solid Waste Management Act of 2000
Republic Act No. 9003: Aimed at establishing a nationwide ecological solid waste management
program, this Act provides for the furtherance of proper segregation, collection and transport,
recycling, and composting of wastes in the Philippines. Article 6 of RA 9003 promulgates the
guidelines for a comprehensive waste management strategy including but not limited to:
Prohibition of open dumps, Requiring a permit for solid waste management facility construction
and expansion, Guidelines for controlled dumps, and Criteria for siting, establishment, and
operations of sanitary landfills in the country.

We wrote about solid waste management planning, requirements for solid waste management
operations and the different guidelines for waste management facilities as mandated by this
Act in this complete guide.
Philippine Clean Water Act of 2004
Republic Act No. 9275: The Philippine Clean Water Act of 2004 is the comprehensive strategy
for the protection and conservation of the country’s water resources, both freshwater and marine.
This Act requires the acquisition of water pollution permits through the “Wastewater Charge
System” which ensures that there are no unauthorized, undocumented, and unregulated
discharges in any water body in the Philippines. Project and program proponents are also
required to establish an environmental guarantee fund (EGF) in order to finance the preservation
and/or rehabilitation of the health of the affected ecosystems, especially that of the watersheds
and aquifers among others. All persons or organizations that cause pollution are likewise
required to clean-up any pollution they have caused at their own expense.