PROFESSIONAL PRACTICE

PHILIPPINE ENVIRONMENTAL LAWS: A Summary

As people become more vigilant about the state of the

environment and insistent that offenders of environmental
laws be held accountable, the Philippine environmental laws
and government regulations are in place with the intent of
protecting the environment and aid people from all walks of
life in their pursuit to a balance and healthful ecology.

Indeed, the environment has become such an

important issue. It is imperative that people should be fully
informed on what the relevant environmental laws are so
that they may be fully aware what are allowed and what are
prohibited in relation to the actions they take towards the
environment.

Presidential Decree (PD) 1586: Philippine Environmental Impact

Statement System

This law requires private corporations, firms or entities including

agencies and instrumentalities of the government to prepare an
environmental impact statement (EIS) for every proposed project and
undertaking which significantly affect the quality of the environment.

The EIS is a document that provides comprehensive study of the

significant impacts of a project on the environment. It is prepared and
submitted by the project proponent and/or EIA Consultant as an
application for an Environmental Compliance Certificate (ECC).

In general, only projects that pose potential significant impact to the

environment shall be required to secure an ECC.
In determining the scope of the EIS System, two factors are
considered: (i) the nature of the project and its potential to cause
significant negative environmental impacts, and (ii) the sensitivity or
vulnerability of environmental resources in the project area.

Environmental Impact Assessment (EIA) is the process that involves

evaluating and predicting the likely impacts of a projecton the
environment during construction, commissioning, operation and
abandonment. It is undertaken by, among others, the project
proponent and/or EIA Consultant, EMB, a Review Committee,
affected communities and other stakeholders.

An ECC is a 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 significant negative environmental impact.
The ECC also certifies that the proponent has complied with all the
requirements of the EIS System and has committed to implement its
approved Environmental Management Plan
Republic Act (RA) 8749: Clean Air Act (CAA) of 1999

Provides for a comprehensive air quality management policy and

program which aims to achieve and maintain healthy air for all
Filipinos.

The DENR Secretary, upon recommendation of the EMB, will divide

the country into different airsheds. Airsheds are to be designated
based on climate, weather, meteorology, and topology, which affect
the mixture and diffusion of pollutants in the air, share common
interests or face similar development problems. These will be
managed by multi-sectoral Governing Boards chaired by the DENR
Secretary with representatives from concerned government
agencies, the private sector, NGOs and LGUs.

The Clean Air Act covers allpotential sources of air pollution, to wit:
(1) Mobile Sources (eg. motor vehicles); (2) Point or Stationary
Sources (eg. industrial plants); and (3) Area Sources (eg. wood or
coal burning)

Smoke belching vehicles on the road will undergo emission testing.

Violators will be subject to the following fines/penalties:

1st Offense P 1,000.00

2nd Offense P 3,000.00
3rd Offense P 5,000.00 plus a seminar on pollutionmanagement.

In order to achieve clean air, we need clean fuels. The CAA provides
for the complete phase-out of leaded gasoline; lowering of the sulfur
content of industrial and automotive diesel; lowering ofaromatics and
benzene in unleaded gasoline.

Stationary sources must comply with the National Emission

Standards for Source Specific Air Pollutants (NESSAP) and National
Ambient Air Quality Standards (NAAQS) and must secure their
permit to operate, prior to operation. A business firm is fined of not
more than P100,000 for every day of violation until such time that
standards are met or imprisonment of not less than 6 years but not
more than 10 years upon the discretion of the court. The Pollution
Adjudication Board (PAB) adjudicates all environmental cases.
RA 9275: Philippine Clean Water Act of 2004

The law aims to protect the country’s water bodies from land-based
pollution sources (industries and commercial establishments,
agriculture and community/household activities) It provides for a
comprehensive and integrated strategy to prevent and minimize
pollution through a multi-sectoral and participatory approach
involving all the stakeholders.

Under the Act, discharges of wastewater shall be controlled. Owners

or operators of facilities that discharge wastewater are required to get
a permit to discharge.

Domestic wastewater will be addressed accordingly. The

Department of Public Works and Highways (DPWH), in coordination
with local government units (LGUs) will prepare a national program
on sewage and septage management. On the other hand, LGUs are
to provide the land including road right of the way for the construction
of sewage and/or septage treatment facilities and raise funds for the
operations and maintenance of said facilities.

The Department of Health (DOH) will formulate guidelines and

standards for the collection, treatment and disposal of sewage as
well as the guidelines for the establishment and operation of
centralized sewage treatment system. The water district will provide
water supply and sewerage facilities and to connect existing sewage
lines, subject to the payment of sewerage service charges/fees within
five years following effectivity of this Act.

Anyone discharging wastewater into a water body will have to pay a

wastewater charge. This economic instrument will encourage
investments in cleaner production and pollution control technologies
to reduce the amount of pollutants generated and discharged.

RA 6969: Philippine Toxic Substances and Hazardous and

Nuclear Waste Act

The Act provides the legal framework for the Philippines to control
and manage the importation, manufacture, processing, distribution,
use, transport, treatment and disposal of toxic substances and
hazardous and nuclear wastes.

A Chemical Control Order (CCO) is issued by the DENR to prohibit,

limit or regulate the use, manufacture, import, export, transport,
processing, storage, possession and wholesale of priority chemicals
that are determined to be regulated, phased-out, or banned because
of the serious risks they pose to public healthand the environment.

Of the 48 toxic chemicals listed in the Priority Chemical List (PCL),

five have already been covered by CCOs inthe form of DAOs. These
CCOs are for: mercury (DAO 97-38), cyanide (DAO 97-39), asbestos
(DAO 2000-02), ozone-depleting substances (DAO2000-18), and
polychlorinated biphenyls (DAO 2004-01).

RA 9003: Philippine Ecological Solid Waste Management Act

(PESWMA) of 2000

It provides the legal framework for the country’s systematic,

comprehensive, and ecological solid waste management program
that shall ensure protection of public health and the environment.

Key features of the Solid Waste Management Act

1. Creation of the National Solid Waste Management Commission

(NSWMC), the National Ecology Center (NEC), and the Solid Waste
Management Board (NSWMB) in every province, city and
municipality in the country.

The NSWMC shall be responsible in the formulation of the National

Solid Waste Management Framework (NSWMF) and other policies
on solid waste (SW), in overseeing the implementation of solid waste
management plans and the management of the solid waste
management fund.

The NEC, on the other hand, shall be responsible for consulting,

information, training and networking services relative to the
implementation of R.A.No. 9003.
The NSWMB of provinces, cities, and municipalities shall be
responsible for the development of their respective SW management
plans.

2. Formulation of the NSWMF 10-year SW plans by local

government units;
3. Mandatory segregation of SW to be conducted at the source;
4. Setting of minimum requirements to ensure systematic collection
and transport of wastes and the proper protection of garbage
collectors' health;
5. Establishment of reclamation programs and buy-back centers for
recyclable and toxic materials;
6. Promotion of eco-labeling and prohibition on non-environmentally
acceptable products and packaging;
7. Establishment of Materials Recovery Facility (MRF) in every
barangay or cluster of barangays;
8. Prohibition against the use of open dumps and setting of
guidelines/criteria for the establishment of controlled dumps and
sanitary landfills;
9. Provision of rewards, grants and incentives both monetary and
non-monetary to encourage LGUs and the public to undertake
effective SW management;
10. Promotion of research on SWM and environmental education in
the formal and non-formal sectors.

RA 9729: Climate Change Act of 2009

RA 9729 aims to systematically integrate the concept of climate

change in the policy formulation and development plans of all
government agencies and units, to the end that the government will
be prepared for the impact of climate change.

The law created the Climate Change Commission, composed of the

President, as Chairperson, and three (3) commissioners to be
appointed by the President, which is tasked to coordinate, monitor
and evaluate the programs and action plans of the government
relating to climate change. Government agencies have likewise been
assigned their respective roles under RA 9729. For instance, the
Department of Education is tasked to integrate climate change into
the primary and secondary education curricula, including textbooks
and other education materials. Government Financial Institutions are
allowed to provide preferential financial packages for climate change-
related projects.

RA 9512: Environmental Awareness and Education Act of 2008.

It’s an Act to promote environmental awareness through

Environmental Education (EE) and covers the integration of EE in the
school curricula at all levels, be it public or private, including day
care, preschool, non-formal, technical, vocational, indigenous
learning, and out-of-school youth courses or programs.

Section 6 of the Act says that the DepEd, CHED, TESDA, DENR,
DOST and other relevant agencies, in consultation with experts on
the environment and the academe, shall lead in the implementation
of public education and awareness programs on environmental
protection and conservation through collaborative interagency and
multi-sectoral effort at all levels.It also declares November as the
Environmental Awareness Month in the Philippines.

RA. 7942: Philippine Mining Act of 1995

All mineral resources in public and private lands within the territory
and exclusive economic zone of the Republic of the Philippines are
owned by the State. Itshall be the responsibility of the State to
promote their rational exploration, development, utilization and
conservation through the combined efforts of government and the
private sector in order to enhance national growth in a way that
effectively safeguards the environment and protect the rights of
affected communities.

The State shall recognize and protect the rights of the indigenous
cultural communities to their ancestral lands as provided for by the
Constitution

All contractors and permittees shall strictly comply with all the mines
safety rules and regulations as may be promulgated by the Secretary
concerning the safe and sanitary upkeep of the mining operations
and achieve waste-free and efficient mine development. The work
program shall include not only plans relative to mining operations but
also to rehabilitation, regeneration, revegetation and reforestation of
mineralized areas, slope stabilization of mined-out and tailings
covered areas, aquaculture, watershed development and water
conservation; and socioeconomic development.

RA 8550 Fisheries Act

The use and exploitation of the fishery and aquatic resources in

Philippine waters shall be reserved exclusively to Filipinos: Provided,
however, that research and survey activities may be allowed under
strict regulations, for purely research, scientific, technological and
educational purposes that would also benefit Filipino citizens.

Department shall declare closed seasons and take conservation and

rehabilitation measures for rare, threatened and endangered species,
as it may determine, and shall ban the fishing and/or taking of rare,
threatened and/or endangered species, including their eggs/offspring
as identified by existing laws in concurrence with concerned
government agencies.

A monitoring, control and surveillance system shall be established by

the Department in coordination with LGUs, FARMCs, the private
sectors and other agencies concerned to ensure that the fisheries
and aquatic resources in the Philippine waters are judiciously and
wisely utilized and managed on a sustainable basis and conserved
for the benefit and enjoyment exclusively of Filipino citizens.

Public lands such us tidal swamps, mangroves, marshes, foreshore

lands and ponds suitable for fishery operations shall not be disposed
or alienated. Upon effectivity of this Code, FLA may be issued for
public lands that may be declared available for fishpond development
primarily to qualified fisherfolk cooperatives/associations,

RA 9147 Wildlife Resources Conservation and Protection Act

It shall be the policy of the State to conserve the country’s wildlife

resources and their habitats for sustainability. In the pursuit of this
policy, this Act shall have the following objectives:
 (a) to conserve and protect wildlife species and their habitats to
promote ecological balance and enhance biological diversity;
(b) to regulate the collection and trade of wildlife;
(c) to pursue, with due regard to the national interest, the Philippine
commitment to international conventions, protection of wildlife
and their habitats; and
(d) to initiate or support scientific studies on the conservation of
biological diversity.

All designated critical habitats shall be protected, in coordination with

the local government units and other concerned groups, from any
form of exploitation or destruction which may be detrimental to the
survival of the threatened species dependent therein. For such
purpose, the Secretary may acquire, by purchase, donation or
expropriation, lands, or interests therein, including the acquisition of
usufruct, establishment of easements or other undertakings
appropriate in protecting the critical habitat.

it shall be unlawful for any person to willfully and knowingly exploit

wildlife resources and their habitats, or undertake the following acts:
(a) killing and destroying wildlife species, except in the following
instances;
(i) when it is done as part of the religious rituals of established tribal
groups or indigenous cultural communities;
(ii) when the wildlife is afflicted with an incurable communicable
disease;
(iii) when it is deemed necessary to put an end to the misery suffered
by the wildlife;
(iv) when it is done to prevent an imminent danger to the life or limb
of a human being; and
(v) when the wildlife is killed or destroyed after it has been used in
authorized research or experiments.
(b) inflicting injury which cripples and/or impairs the reproductive
system of wildlife species;
(c) effecting any of the following acts in critical habitat(s):
(i) dumping of waste products detrimental to wildlife;
(ii) squatting or otherwise occupying any portion of the critical habitat;
(iii) mineral exploration and/or extraction;
(iv) burning;
(v) logging; and
(vi) quarrying
(d) introduction, reintroduction or restocking of wildlife resources;
(e) trading of wildlife;
(f) collecting, hunting or possessing wildlife, their by-products and
derivatives;
(g) gathering or destroying of active nests, nest trees, host plants and
the like;
(h) maltreating and/or in ៹ icting other injuries not covered by the
preceding paragraph; and
(i) transporting of wildlife.

PD 705 Forestry Reform Code of the Philippines

The department shall study, devise, determine and prescribe the

criteria, guidelines and methods for the proper and accurate
classification and survey of all lands of the public domain into
agricultural, industrial or commercial, residential, resettlement,
mineral, timber or forest, and grazing lands, and into such other
classes as now or may hereafter be provided by law, rules and
regulations.

Areas Needed for Forest Purposes. — The following lands, even if

they are below eighteen per cent (18%) in slope, are needed for
forest purposes, and may not, therefore, be classified as alienable
and disposable land, to wit:

1. Areas less than 250 hectares which are far from, or are not
contiguous with, any certified alienable and disposable land;
2. Isolated patches of forest of at least five (5) hectares with rocky
terrain, or which protect a spring for communal use;
3. Areas which have already been reforested;
4. Areas within forest concessions which are timbered or have good
residual stocking to support an existing, or approved to be
 established, wood processing plant;
5. Ridge tops and plateaus regardless of size found within, or
surrounded wholly or partly by, forest lands where headwaters
emanate;
6. Appropriately located road-rights-or-way;
7. Twenty-meter strips of land along the edge of the normal high
waterline of rivers and streams with channels of at least five (5)
meters wide;
8. Strips of mangrove or swamplands at least twenty (20) meters
wide, along shorelines facing oceans, lakes, and other bodies
of water, and strips of land at least twenty (20) meters wide facing
lakes;
9. Areas needed for other purposes, such as national parks, national
historical sites, game refuges and wildlife sanctuaries, forest
station sites, and others of public interest; and
10.Areas previously proclaimed by the President as forest reserves,
national parks, game refuge, bird sanctuaries, national shrines,
national historic sites:

Forest Lands to be Reforested. — The following shall be reforested

and covered with suitable and sufficient trees, to wit:
a. Bare or grass-covered tracts of forest lands with at least fifty per
cent (50%) slope;
b. Bare or grass-covered tracts of forest lands with less than fifty per
cent (50%) slope, but with soil so highly erodible as to make
grass cover inadequate for soil erosion control;
c. Bushlands or tracts of forest lands generally covered with brush,
which need to be developed to increase their productivity;
d. Open tracts of forest lands with slopes or gradients generally
exceeding fifty per cent (50%), interspersed with patches of
forest each of which is less than two hundred fifty (250)
hectares in area;
e. Denuded or inadequately-timbered areas proclaimed by the
President as forest reserves and reservations as critical
watersheds, national parks, game refuge, bird sanctuaries,
national shrines, national historic sites;
f. Inadequately-stocked forest lands within forest concessions;
g. Portions of areas covered by pasture leases or permits having a
 slope of at least fifty per cent (50%); and
h. River banks, easements, road rights-of-ways, deltas, swamps,
former river beds, and beaches