Philippine_Environmental_Law.pdf

PHILIPPINE ENVIRONMENTAL LAW
FINAL

Submitted By:
Philip Baumgarten

2
Introductionto the Philippines System of Government
The Philippines has a government of representative democracy based on the United
States system. The 1987 constitution, adopted during the administration of Corazon
Aquinoreestablished a presidential system of government with a bicameral legislature
and an independent judiciary.
The President, the members of the House of Representatives and the Senate are elected
by the populous. The President is limited toone six year term. The legislature is
comprised of 24 Senators and 250 members of the House of Representatives
The J udiciary is independent form the President and the Legislature. The Supreme Court
is comprised of a Chief J ustice and fourteen associate justices. The Supreme Court
justices and the lower court justices are selected by the President from a list of nominees
submitted by the Philippine J udicial and Bar Council. Only natural born citizens of the
Philippines may hold judicial posts. Confirmation by the legislature of the President’s
judicial appointments is not required.
Types of Laws and Regulations
Law Passed by Congress – this is referred to as Republic Act (R.A.). Similar to the
United States a bill is initiated in either of legislative chambers or by the President. The
bill is subject to review by a Congressional committee to hear out concerns on the bill.
Thereafter, the bill is approved by the entire body. Once approved, the bill is referred to a
Bicameral Conference Committee to reconcile any conflicting provisions. Once ratified,
the bill is forwarded to the President for approval or veto. A two-thirds vote of Congress
is needed to override a veto. Laws enacted by Congress have been the primary method of
lawmaking since the 1987 Constitution was ratified.
Presidential Decree (P.D.) – during the period of the “Martial Law Years”(1972-1986) ,
legislative was made by Presidential fiat of then President Ferdinand Marcos. Many
environmental laws were passed during this period and continue to be valid today. An
example of a Presidential Decrees is the Forest Code of the Philippines (P.D. 705).
Executive Order ( E.O.) – is a presidential act providing for rules of a general or
permanent character in the implementation or execution of constitutional or statutory
powers.
Administrative Order (DAO) – is an act of a Cabinet or Department Secretary which
implements rules pursuant to his/her duties as administrative head of government. For
example, the head of the Department of Environment and Natural Resources (DENR)
will issue implementing rules and regulations (IRR) under environment statutes in the
form of a DAO.
3
Ordinance - is a local law passed by the local legislative body of the province, city,
municipality, or village (barangay) and approved by the chief executive officer (i.e. the
barangay chief) of the respective entity.
Environmental Law and the 1987 Constitution
The primary legal basis for protection of the environment maybe found in the 1987
Constitution, Article II, section 16 which provides:
“the State shall protect and advance the right of the people to a balanced and
healthful ecology in accord with the rhythm and harmony of nature”.
Article II, Section 15 of the 1987 Constitution
1
provides that “the State shall protect and
promote the right to health of the people and instill health conscious among them”
The Philippine Supreme Court
2
has held that the Articles II, Sections 15 and 16 of the
1987 Constitution combined to create a right to a “balanced and healthful ecology”. The
Court stated that such rights were said to exist from the inception of mankind, but that
this principle was enumerated in the Constitution to bestow upon the State the obligation
to protect a balanced and healthful ecology.
Article XII of the 1987 Constitution
3
, entitled “National Economy and Patrimony”
provides for the efficient use and state ownership of natural resources. One concern was
likely to protect the natural resources of the country from foreign exploitation and
domination. The relevant provisions of Article XII are:
Section 1 – “the goals of the national economy are a more equitable distribution
of opportunities, income and wealth… the State shall promote industrialization
and full employment based on sound agricultural development and agrarian
reform…”
Section 2 – “All lands of the public domain, waters, minerals, coal, petroleum,
and other mineral oils, all forces of potential energy, fisheries, forests or timber,
wildlife, flora and fauna and other natural resources are owned by the State.
With the exception of agricultural lands, all other natural resources shall not be
alienated. The exploration, development, and utilization of natural resources
shall be under full control and supervision of the State…The state shall protect
the nation’s marine wealth in its archipelagic waters, territorial sea, and
exclusive economic zone, and reserve its use and enjoyment exclusively to
Filipino citizens”. The Section also provides that State may enter into
agreements with private citizens and/or foreign corporation to exploit natural
resources of the State.

1
Const. 1987, Art. II, (Phil.)
2
Oposa v. Factoran GR No. 101083 (1993)
3
Const. 1987, Art. XII, (Phil.)
4
Section 3 – “Lands of the public domain are classified into agricultural, forest or
timber, mineral lands, and national parks… Alienable lands of the public
domain shall be limited to agricultural lands.”
Section 4 – “The Congress shall, as soon as possible, determine by law, the
specific limits of forest lands and national parks, marking clearly their
boundaries on the ground. Thereafter, such forest lands and national parks shall
be conserved and may not be increased nor diminished, except by law. The
Congress shall provide for such period as it may determine, measures to prohibit
logging in endangered forests and watershed areas”
Section 5 - The State… shall protect the rights of indigenous cultural
communities to their ancestral lands to ensure their economic, social and cultural
well being.”
Section 6 – The use of property bears a social function, and all economic agents
shall contribute to the common good. Individuals and private groups, including
corporations, cooperatives, … shall have the right to own, establish, and operate
economic enterprises, subject to the duty of the State to promote distributive
justice and to intervene when the common good so demands”.
International Agreements
The Philippines is a partytomany international environmental conventions, some of
which are stated below. Adherence to international standards is mandated in many of the
Philippine environmental statutes:
1. Stockholm Declaration of the United Nations Conference on the Human
Environment
4
;
2. Rio de J aniero Declaration onEnvironment and Development (Agenda 21)
5
;
3. Vienna Convention on the Protection of the Ozone Layer
6
;
4. Montreal Protocol on Substances that Deplete the Ozone Layer
7
;
5. United Nations Framework Convention on Climate Change
8
;
6. Kyoto Protocol to Global Climate Change Convention
9
;
7. Stockholm Convention on Persistent Organic Pollutants
10
;
8. Basel Convention on the Control of Transboundary Movements of Hazardous
Wastes and their Disposal
11
, and

4
U.N. Doc. A/Conf.48/14/Rev. 1(1973); 11 ILM 1416 (1972)
5
U.N. GAOR, 46th Sess., Agenda Item 21, UN Doc A/Conf.151/26 (1992)
6
TIAS No. 11,097; 1513 UNTS 323; 26 ILM 1529 (1987)
7
S. Treaty Doc. No. 10, 100th Cong., 1st Sess. 1; 26 ILM 1550 (1987)
8
1771 UNTS 107; S. Treaty Doc No. 102-38; U.N. Doc. A/AC.237/18 (Part II)/Add.1; 31 ILM 849 (1992)
9
UN Doc FCCC/CP/1997/7/Add.1, Dec. 10, 1997; 37 ILM 22 (1998)
10
140 ILM 532 (2001)
11
1673 UNTS 126; 28 ILM 657 (1989)
5
9. Convention on International Trade in Endangered Species of Wild Flora and
Fauna
12
.
Creation of the DENR
In J une, 1987, President Aquino promulgated Executive Order 192
13
creating the
Department of Environment and Natural Resources (“DENR”). Section 4 of the
Executive Order stated that the DENR shall be
“the primary government agency responsible for the conservation, management,
development and the proper use of the country’s environment and natural
resources”.
Section 3 makes the following statement of policy:
“it is hereby declared the policy of the State to ensure the sustainable use,
development, management, renewal, and conservation of the country’s forest,
mineral, land, off-shore areas, and other natural resources, including the
protection and enhancement of the quality of the environment … It is also the
policy of the State to recognize and apply a true value system including social
and environmental cost implications…”
The Executive Order fused the functions of the then existing Ministry of Natural
Resources, the National Pollution Control Commission, and the National Environmental
Protection Council under the umbrella of the DENR. The DENR’s function is to
promulgate and enforce rules and regulations for; 1) the control of water, air and land
pollution, 2) ambient and effluent standards for water and air quality, and 3) the
conservation of country’s genetic resources, biological diversity, and endangered
habitats.
The DENR is headed by the Cabinet Secretary, (appointed by the President) and assisted
by three undersecretaries. Below them are bureaus of Minesand Geosciences, Forest
Management, Land Management, Environmental Management, and Ecosystems
Research. The regulatory function and enforcement of the DENR powers are performed
by the regional offices distributed throughout the thirteen administrative regions of the
Philippines. The autonomous region of Muslim Mindanao (located in country’s south
islands) has its own version of the DENR.
Establishment of an Environmental Impact Statement System

12
27 U.S.T. 1087, 993 U.N.T.S. 243; 12 I.L.M. 1085(1973)
13
Exec. Ord. No. 192 (1987)
6
In 1977, President Marcos issued Presidential Decree No. 1151 which established an
environmental impact statement system (“EIS”) for the Philippines. This was likely in
response to the growing environmental consciousness of the period in the Philippines and
throughout the world. Section 4 of the Decree provides:
All agencies and instrumentalities of the national government, including
government-owned or controlled corporations, as well as private corporations
and entities shall prepare, file and include in every action, project or undertaking
which significantly affects the quality of the environment a detailed statement
on:
a. the environmental impact of the proposed action, project or undertaking;
b. any adverse environmental effect which cannot be avoided should the
proposal be implemented;
c. alternatives to the proposed action
d. a determination that the short-term uses of the resources of the
environment are consistent with the maintenance and enhancement of the
long-term productivity of the same; and
e. whenever a proposal involves the use of depletable or nonrenewable
resources, a finding must be made that such use and commitment are
warranted.
Before an EIS is issued by a lead agency, all agencies having jurisdiction over,
or special expertise on, the subject matter involvedshall comment on the draft
EIS made by the lead agency within thirty (30) days from receipt of the same.
Issued ten years before the 1987 Constitution, the Presidential Decree
14
stated as its
policy goal that the “government recognizes the right of the people to a healthful
environment. It shall be the duty and responsibility of each individual to contribute to the
preservation and enhancement of the Philippine environment.”.
In 1978, Presidential Decree No. 1586 was issued, which amplified the provisions of
Presidential Decree No. 1151, providing for the right of the President to proclaim certain
areas and projects as environmentally critical. The decree required that no private person
shall undertake any action on anenvironmentally critical project or area without securing
an Environmental Compliance Certificate fromthe appropriate agency
15
. The Presidential
Decree also provides for penalties for violations of the terms of the Environmental
Compliance Certificate, in the amount of fifty thousand pesos (approximately $1,000) for
everyviolation.
In 1981 President Marcos issued Proclamation 2146 listing in detail the areas and types
of projects as environmentally critical. The projects listed as environmentally critical fall
under the categories: 1) heavy industries, 2) resource extractive industries, and 3)
infrastructure projects. Areas listed as environmentally critical include in part, areas: 1)
declared as national parks, watershed reserves, wildlife preserves, and sanctuaries, 2)

14
Pres. Dec. No. 1151, Sec. 3
15
Pres. Dec. No. 1586, Sec. 4
7
aesthetic tourist spots. 3) habitat of any endangered species. 4) traditionally occupied by
cultural communities or tribes, 5) frequently visited by natural calamities.
Pollution Control Law
Stating that it is imperative to strengthen the National Pollution Control Commission
(since subsumed by the DENR) to best protect the people from the growing menace of
environmental pollution, President Marcos issued Presidential Decree No. 984, otherwise
known as the National Pollution Control Decree of 1976. The Decree was effective up
until its repeal under the Clean Water Act of 2004.
Under the Decree the Commission is mandated to issue standards, rules and regulations,
issue orders to compel compliance, issue, renew, or deny permits, “under such conditions
as it may determine to be reasonable for the prevention and abatement of pollution, for
the discharge of sewage or industrial waste, or the installation and operation of sewage
works and industrial disposal systems”.
16
The Decree
17
further provides for public hearings (Pollution Adjudication Board has
jurisdiction) prior to the issuance of any order or decision by the Commissioner requiring
the discontinuance of discharge of sewage, industrial, waste, or other wastes into the,
water, air, or land resources of the Philippines. Whenever the commission finds a
discharge is an imminent threat to, public health, safety, or welfare, or exceeds allowable
standards the Commission may issue an ex parte order without the necessity of a public
hearing. J udicial review shall be permitted by the Court of Appeals only after the
aggrieved party has exhausted all remedies before the Commission.
The Decree
18
provides for penalties of five thousand pesos (approximately $100) a day
for failure to follow any order, decision, or regulation of the Commission. Failure to pay
the fine shall be sufficient ground for the Commission to order closure or stoppage of the
offending operation. The right to effect closure was found not to extend to local officials
and rests with the DENR.
19
Establishment of Protected Areas
The National Integrated Protected Areas System Act of 1992
20
was enacted to achieve the
policy goal to “secure for the Filipino people of present and future generations the
perpetual existence of all native plantsand animals through the establishment of a

16
Pres. Dec. No. 984, Sec. 6g
17
See id. Sec. 7
18
See id. Sec. 9
19
Technology Developers Inc. v C.A., S.C.R.A. 147 (1991)
20
Rep. Act No. 7586
8
comprehensive system of integrated protected areas within the classification of national
park as provided for in the Constitution.
21
The following categories of protected areas are established
22
:
a. Strict nature reserve;
b. Natural park;
c. National monument;
d. Wildlife sanctuary;
e. Protectedlandscapes and seascapes;
f. Resource reserve;
g. National biotic areas, and
h. Other categories established by law, conventions, or international agreements to
which the Philippine government is a signatory.
Within 3 years fromthe date of the Act the DENR shall review and study each area
tentatively composing the initial System as to its suitability or nonsuitability for
preservation as a protected area and inclusion in the System and report its findings to the
President. The President shall then submit his recommendations to the House and the
Senate for confirmation as a protected area. Before submission to the President, the
DENR shall:
1. Notify the public of the proposed action through publication in a newspaper;
2. Conduct public hearings at the locations nearest to the area affected;
3. At least 30 days prior to the date of the hearing advise all local governments units
in the affected areas anfd invite them to submit their view on the proposed action;
and
4. Give due consideration to the recommendations at the public hearing, and provide
sufficient explanation for recommendationscontrary to the sentiments expressed
in the public hearings.
23
The DENR may propose additional sites subsequent to the initial establishment of the
protected area System, subject to the noticeand hearing procedures above.
A Protected Area Management Board (PAMB) shall be created for each of the protected
areasand shall be composed of the following(who shall be appointed by the Secretary of
the DENR for a term of five years): the Regional Executive Director under whose
jurisdiction the protected area is located; one representative from the autonomous
regional government; one representative from the municipal government, one
representative from each barangay covering the protected area; one representative from
each tribal community, if applicable; at least three representatives from nongovernmental
organizations, and if necessary one representative from other departments or national
government agencies involved in the protected area.
24

21
See Id. Sec. 2
22
See Id. Sec. 3
23
See id. Sec. 5
24
See id. Sec .11
9
The PAMB shall, by a majority vote, decide the allocation for budget, approve proposals
for funding, decide matters relating to planning, peripheral protection, and general
administration of the area in accordance with the general management strategy.
25
An EIS shall be required for any proposed activity which is outside the scope of the
management plan. No actual implementation of such activities shall be allowed without
the required Environmental Compliance Certificate (ECC).
26
The Act provides that the penalty for violations shall be a fine of not less than five
thousand pesos (P5,000) nor more than five hundred thousand pesos (P500,000),
exclusive of damages to the protected area, or imprisonment for not less than one year
nor more than six years, or both.
27
Forestry
Presidential Decree No. 705 was issued in 1975
28
with a stated policy to orient the
multiple use of forest lands to the development and progress requirements of the country,
the advancement of science and technology, and the public welfare. In additionthe stated
goal, was to emphasize the development and rehabilitation of forest lands so as to ensure
their continuity in productive condition.
29
The Decree created the Bureau of Forest Development, which with the establishment of
the DENR in 1987, was renamed the Forest Management Bureau (FMB). The line
functions of the FMB are delegated to the regional offices of DENR.
Under the Decree all lands of the public domain are classified into agricultural, industrial
or commercial, residential, resettlement, mineral, timber or forest, and grazing lands.
30
The Decree further provides that no land of the public domain, eighteen percent (18%) in
slope or over shall be classified as alienable and disposable, nor any forest land fifty
percent (50%) in slope or over shall be classified as grazing land.
31
Certain enumerated
areas, below eighteen percent (18%) in slope or over are deemed needed for forest
purposes are also not alienable or disposable.
32
No person may utilize, exploit, occupy, possess or conduct any activity within any forest
or grazing land, unless such activity has been authorized by license, lease or permit.
However, when the national interest so requires, the President may amend, modify,
replace any license, lease or permit. A license, lease or permit may be suspended upon
recommendation of the FMB, after an appropriate hearing for violations on the conditions
therein, pertaining to, but not limited to reforestation, pollution, environmental

25
Id.
26
See id. Sec. 12
27
See id. Sec. 21
28
Amended by Pres. Dec No. 865 (1975), Pres. Dec. No. 1559 (1978), and Pres. Dec. No. 1775 (1981)
29
Pres. Dec. No. 705, Sec 2
30
See id. Sec. 13
31
See id. Sec. 15
32
See id. Sec. 16
10
protection, or export limitations.
33
The Decree further defines the terms and production
parameters and production charges for timber and wood production licenses and permits.
A timber license has beenheldto be a mere privilege which may bemodified, amended
or rescinded when the national interest so requires.
34
The Decree also provides for the reforestation of certain public forest lands, as follows:
1. Bare or grass covered tracts of forestlands,
2. Brushlands
3. Open tracts of forest lands interspersed with patches of forest
4. Denuded or inadequately timbered areas
5. Portions of areas covered by pasture leases or permits needing immediate
reforestation.
35
A number of incentives are provided to encourage reforestation, including waiver of
rental payments for five years and substantial reductions thereafter and several tax
incentives.
36
The Decree also provides penalties for violationfor persons utilizing forest lands without
the requisite authority. Such persons shall be subject to a fine of not less than five
hundred pesos (P500), nor more than twenty thousand pesos (P20,000) and imprisoned
for not less than six months nor more than two years for each offense, and be liable for
payment of up to ten times the rental fees and other charges which would have accrued
had the activity been authorized by a proper license, lease or permit.
37
Unfortunately, the Decree in practice did not curtail wood and timber production activity
or result in widespread reforestation. By 1988 the Philippines had a forestry coverage of
5% as compared to that in the mid twentieth century. In response, the DENR issued
Department Administrative Order No. 24, (1991), effective J anaury1, 1992which in
effect banned all logging in the remaining 5% of forest lands.
Subsequently an Executive Order
38
was issued which mandated a community-based
forest management approach, so that people who have a stake in the well-being in the
forest become partners in management of the forest.
Agrarian Reform Program
In 1988 President Aquino signed into law the Comprehensive Agrarian Reform Law of
1988,
39
which has been upheld as constitutional.
40
The purpose of the law is to

33
See id. Sec. 20
34
Felipe Ysmael J r & Co Inc. v Deputy Executive Secretary, G.R. No. 79538, (1990)
35
Pres. Dec. No. 705, Sec 33.
36
See id. Sec. 36
37
See id. Sec. 78
38
Exec. Ord. No. 263 (1995)
39
Rep. Act No. 6657, as amended by Rep. Act No. 7881 (1995)
40
Association of Small Landowners v. DAR, 175 S.C.R.A. 343 (1989)
11
redistribute agricultural lands through a program known as the Comprehensive Agrarian
Reform Program (CARP), which shall consider the welfare of landless farmers and farm
workers, to promote social justice and to move the nation toward sound rural
development and industrialization, and the establishment of owner cultivatorship of
economic-size farms as the basis of Philippine agriculture. The program shall provide for
a more equitable distribution and ownership of land, with due regard to the rights of
landowners to just compensation and to the ecological needs of the nation, and shall be
undertaken to provide farmers and farmworkers with the opportunity to enhance their
dignity and improve the quality of their lives through greater productivity of agricultural
lands.
41
The Law shall cover, regardless of tenurial arrangement and commodity produced, all
public and private agricultural lands. More specifically the Law covers; a) all alienable
and disposable lands of the public domain devoted to or suitable for agriculture, and b) all
private lands devoted to or suitable for agriculture regardless of the agricultural product
raised or that can be raised.
42
The Department of Agrarian Reform (DAR) in coordination
with the Presidential Agrarian Reform Council (PARC) shall plan and program the
acquisition an distribution of all agricultural lands through a period of ten years from the
effective date of the Law.
43
Current owners of agricultural land may retain up to five (5) hectares, with an additional
three (3) hectares being awarded to each child of the landowner, provided 1) such child is
at least fifteen years (15) of age; and 2) he is actually tilling the land the land or directly
managing the farm.
44
The PARC may suspend implementation of this act so that ancestral
lands shall be protected to ensure the rights of these communities to economic, social and
cultural well-being.
45
The DAR shall identify the land, landowners, and beneficiaries. After, identifying such
partiesthe DAR shall send notice to the landowner of its intent to purchase the land. The
landowner may either accept the offering price or request the DAR conduct
administrative proceeding to determine the proper compensation.
46
In determining the
just compensation of the land, the current value of like properties, its nature, actual use
and income, the sworn valuation by the owner, the tax declarations, and the assessment
made by the government assessors shall be considered.
47
The mode of payment shall be a the option of the landowner at the following terms; 1) a
cash payment of at least 25% to 35% depending of the size of the tract, and the balance in
government notes, 2) shares of stock in government owned corporations; 3)tax credits, or
4) bonds issued by theLand Bank of the Philippines (LBP).
48

41
See id. Sec. 2
42
See id. Sec. 4
43
See id. Sec. 7
44
See id. Sec. 6
45
See id. Sec. 9
46
See id. Sec. 16
47
See id. Sec. 17
48
See id. Sec. 18
12
The lands covered by the CARP shall be distributed in three (3) hectares parcels, as much
as possible to landless residents (beneficiaries) of the same barangay, or in the absence
thereof, landless residents of the same municipality in the following order of priority;
a. agricultural lessees and share tenants; .
b. regular farm workers,
c. seasonal farm workers;
d. other farm workers;
e. actual tillers or occupants of public lands;
f. collectives or cooperatives of the above beneficiaries;
g. others directly working on the land.
49
Lands awarded to the beneficiaries shall be paid for by the beneficiaries to the LBP in
thirty (30) annual payments at a six percent (6%) rate of interest. Provided, that the first
five annual payments may not be more than five percent (5%) of the value of the annual
gross production as established by the DAR.
50
Conservation and Protection of Wildlife Resources
In J uly, 2001 the Wildlife Resources Conservation and Protection Act
51
was signed into
law. The Act has as its objectives the following:
a. to conserve and protect wildlife species and their habitats to promote ecological
balance and enhance biological diversity;
b. to regulate the collection and trade of wildlife;
c. to pursue, with due regard to the national interest, the Philippine commitment to
international conventions, protection of wildlife and their habitats; and
d. to initiate or support scientific studies on the conservation of biological
diversity.
52
The Act divides jurisdiction between the DENR who shall regulate terrestrial plant and
animal species, including wetland species, such as crocodiles and all amphibians, and the
Department of Agriculture (DA) who shall regulate all aquatic resources, including

49
See id. Sec. 22, 25
50
See id. Sec. 26
51
Rep. Act No. 9147 (2001)
52
See id. Sec. 2
13
fishes, aquatic plants, and all marine mammals.
53
In the island of Palawan, jurisdiction is
conferred to the Palawan Council for Sustainable development.
Permits shall be issued to persons to allow the collection, possession and transport of
wildlife, provided that that species shall not be classified as a threatened species. In
addition, such persons must demonstrate financial, technical capability and facility to
maintain such wildlife.
54
Also, collection of wildlife by indigenous people may be
allowed for traditional use and not primarily for trade.
55
Import or export of wildlife
species may be permitted by the Secretary.
56
The collection or possession of threatened species shall be allowed only for scientific,
breeding or propagation purposes.
57
Threatened species shall be determined by the
Secretary based on the best scientific data with due regard to internationally accepted
criteria, including but not limited to the following:
a. present or threatened destruction, modification or curtailment of its habitat or
range;
b. over-utilization for commercial, recreational, scientific or educational purposes,
c. inadequacy of existing regulatory mechanisms; and
d. other natural or man-made factors affecting the existence of wildlife.
58
The Secretary shall review, revise and publish the list of categorized threatened wildlife
within one year form the effective date of the Act. The list shall be updated regularly or
as the need arises. However, a threatened species shall not be removed from the list
within three years following its initial listing. Any person may file a petition with the
Secretary seeking listing or delisting of a species.
59
Unless otherwise allowed by the Act, the following actions shall be unlawful:
1. killing and destroying wildlife species, subject to exceptions which include; (i)
when it is done as part of the religious rituals of established tribal groups or
indigenous communities, (ii) when the wildlife is inflicted with an incurable
communicable disease;
2. inflicting injury which cripples and/or impairs the reproductive system of the
wildlife species;
3. effecting any of following acts in critical habitats; (i) dumping of waste products
detrimental to wildlife, (ii) squatting or otherwise occupying any portion of the
critical habitat, (iii) mineral exploration and/or extraction, (iv) burning, and (v)
logging;

53
See id., Sec. 4
54
See id. sec. 8
55
See id. Sec. 7
56
See id. Sec. 11
57
See id. Sec. 23
58
See id. Sec. 22
59
Id.
14
4. introduction, reintroduction or restocking of wildlife resources;
5. trading of wildlife;
6. collecting, hunting or possessing wildlife;
7. gathering or destroying active nests;
8. maltreating the wildlife;, and
9. transporting of wildlife.
60
The Act provides for several levels of fines and/or imprisonment terms which may be
assessed for violations. The maximum prison term is twelve (12) years and the maximum
fine is one million pesos (P1,000,000).
61
Philippine Mining Act of 1995
62
The policy of the Act flows from the fact that all mineral resources in public and private
lands within the territory and exclusive economic zone of the Republic of the Philippines
are owned by the state. It shall be the responsibility of the State to promote their rational
exploration, development, utilization and conservation through the combined efforts of
the government and the private sector in order to enhance national growth in a way that
effectively safeguards the environment and protects the rights of affected communities.
63
Mineral Reservations shall be established necessary to preserve strategic raw materials,
or certain minerals for scientific, cultural or ecological value. All submerge lands within
the contiguous and in the exclusive economic zone of the Philippines are hereby declared
to be mineral reservations. Mining operations in the reservations shall be undertaken by
the DENR or through a contractor. Small scale mining cooperatives shall be given a
preferential right to mine up to 25% of a designated reservation.
64
No ancestral land shall
opened for mining operations without the prior consent of the indigenous cultural
community concerned.
65
Mining shall not be allowed in old growth or virgin forests,
proclaimed watershed forest reserves, wilderness areas, mangrove forests, mossy forest,
national parks, provincial/municipal forests, parks, greenbelts, game refuge and bird
sanctuaries as defined by law.
66
Exploration permits shall be granted by the Mines and Geosciences Bureau operating
under the umbrella of the DENR. Permits shall be granted to qualified persons for the
right to enter, occupy and explore the area for minerals. Qualified persons shall include
any citizen of the Philippines with the capacity to contract, or a corporation, partnership,
association, or cooperative organized or authorized for the purpose of engaging in

60
See id. Sec 27
61
See id., Sec 28
62
Rep. Act No. 7942
63
See id. Sec. 2
64
See id. Sec. 5
65
See id. Sec. 16
66
See id. Sec. 19
15
mining.
67
Permits shall be for a term of two years subject to annual review and
relinquishment or renewal upon the recommendation of the Director.
68
Permits shall be for an area of designated blocks. A block means an area bounded by one-
half minute of latitude and one-half minute of longitude, containing approximately eight-
one hectares. The maximum area that a qualified person shall hold at any one time shall
be:
h. Onshore, in any one province – for individuals twenty (20) blocks,
and for partnerships, corporations, cooperatives, or associations, two
hundred (200) blocks;
i. On shore in the entire Philippines – for individuals forty (40)
blocks, and for partnerships, corporations, cooperatives, or associations,
four hundred (400) blocks;
j. Off shore, beyond five hundred meters form the mean low tide
level - for individuals one hundred (100) blocks, and for partnerships,
corporations, cooperatives, or associations, one thousand (1,000) blocks.
69
A qualified person may enter into a mineral agreement with the government which shall
allow the contractor the right to conduct mining operations and extract all mineral
resources found in the contract area. The mode of the agreement may be sharing
agreement, co-production agreement or joint-venture agreement.
70

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

67
See id. Sec. 3, 20
68
See id. Sec. 21
69
See id. Sec. 22
70
See id. Sec. 26
71
See id. Sec. 22
72
See id. Sec. 32
16
agreement or permit. Such environmental program shall be incorporated in the work
program which the contractor or permittee shall submit as an accompanying document to
the application for a mineral agreement or permit. The work program shall include plans
relative to rehabilitation, regeneration, revegetation andreforestation of mineralized
areas, slope stabilization of mined-out areas, aquaculture, watershed development and
water conservation and socioeconomic development.
73
The Act contains penal provisions including, but not limited to, for; false statements,
illegal exploration, theft of minerals, illegal obstruction, and destruction of mining
structures.
74
Fertilizers and Pesticides
The Fertilizer and Pesticide Authority (FPA) was created under Presidential Decree No.
1144 in 1977 recognizing the need to create a technically-oriented government authority
equipped with the required expertise to regulate, control, and develop both the fertilizer
and pesticideindustries. The purpose of the FPA (which is attached to the Department of
Agriculture) is to assure the agricultural sector of adequate supplies of fertilizer and
pesticides at reasonable prices, rationalizing the manufacture and marketing of fertilizer,
protecting the public from the risks inherent in the use of pesticides, and educating the
agricultural sector in the use of these inputs.
75
The term pesticide shall refer to any substance or product, or mixture thereof, including
active ingredients, adjuvants, and pesticide formulations, intended to control, prevent,
destroy, repel or mitigate any pest. The term shall be understood to include insecticide,
fungicide, bactericide, nematocide, herbicide, molluscicide, avicide, rodenticide, plant
regulator, defoliant, desiccant and the like.
76
The term fertilizer includes any substance, solid or liquid, or any nutrient element,
organic or inorganic, singly or in combination with other materials, applied directly to the
soil for the purpose of promoting plant growth, increasing crop yield, or improving their
quality.
77
The FPA shall have jurisdiction over all handlers or pesticides and fertilizers. With
respect to fertilizers the FPA shall, among other enumerated functions; 1) establish and
enforce sales quotas, production schedules, distribution areas and other marketing
regulations; 2) determine and set volumeand prices; 3) establish and implement
regulations governing the import and export thereof; 4) to control and regulate all aspects
of domestic production. With respect to pesticide and other agricultural chemicals, the
FPA, shall, among other enumerated functions; 1) determine specific uses or manner of
use; 2) restrict or ban the use of any pesticide in specific areas or during certain periods

73
See id., Sec. 69
74
See id. Sec 101 et seq.
75
Pres. Dec. No. 1144, Sec.1
76
See id. Sec. 2
77
Id.
17
upon evidence that the pesticide is an imminent hazard, or is causing widespread serious
damage to crops, fish or livestock, or to public health and the environment; 3) to inspect
the establishment and premises of pesticide handlers,; 4) to enter and inspect farmers’
fields to ensure that only recommended pesticides are being used.
78
No pesticide, fertilizer, or other agricultural chemical shall be exported, imported,
manufactured, formulated, stored, distributed, sold or offered for sale, transported,
delivered for transportation, or used unless it has been duly registered with the FPA, or
covered by a numbered provisional permit issued by the FPA for use in accordance with
the conditions asstipulated in the permit.
79
Separate penalties are imposed for violation of the rules and regulations covering
fertilizer and pesticides. A violation regarding fertilizer shall bepunished by
imprisonment of not less than fifteen (15) years and one day or more than 20 years if the
amount involved is over fifty thousand pesos (P50,000), as well as a fine ranging from an
amount equal to value involved to three times such value nut shall in case be less than
five thousand pesos (P5,000) nor more than twenty thousand pesos (P20,000). A
violation regarding pesticides shall be punished by an imprisonment term not in excess of
one year or a fine of five thousand pesos (P5,000) but more than ten thousand pesos
(P10,000).
80
Toxic Substances and Hazardous Wastes
In 1990 the Toxic Substances and Hazardous Nuclear Wastes Control Act of 1990 was
signed in law.
81
The intention of the Act is to regulate, restrict or prohibit thefollowing
activities; importation, manufacture, processing, handling, storage, transportation, sale,
use, and disposal of all unregulated chemical substances and mixtures in the Philippines,
including the entry, even in transit, as well as the keeping or storage of hazardous and
nuclear wastes into the country for whatever purpose.
82
The Act shall be implemented by the keeping of an inventory of chemicals that are being
imported, manufactured or used, indicating their existing and possible uses, test date,
names of thefirms manufacturing and using them and such other information as may be
considered relevant to the protection of health and the environment. Also, to monitor and
regulate, the importation, manufacture, processing, handling, storage, transportation, sale,
distribution, use of chemical substances and mixtures that present unreasonable risk or

78
See id. Sec.6
79
See id. Sec. 9
80
See id. Sec. 10
81
Rep. Act No. 6969
82
See id. Sec. 2 , 3
18
injury to health or to the environment in accordance with national policies and
international commitments.
83
Under the Act a chemical substance is defined as any organic or inorganic substance of a
particular molecular identity, including; a) any combination of such substances occurring
in whole or in part as a result of chemical reaction or occurring in nature, and b) any
element or uncombined chemical. Hazardous wasteare defined as substances which
present either; a) short-term acute hazards, such as acute toxicity by ingestion, inhalation,
or skin absorption, or other skin or eye contact hazards or the risk of fire or explosion; or
b) long-term environmental hazards, including chronic toxicity upon repeated exposure,
carcinogenicity, resistance to detoxification process such as biodegradation, the potential
to pollute underground of surface waters, or aestheticallyobjectionable properties such as
offensive odors.
84
The Act provides that the DENR’sfunctions, powers and responsibilities, shall include,
but not be limited to the following;;
2. To keep an updated inventory of chemicals that presently being manufactured or
used, indicating, their existing uses, quality andtest data, and named o f the firms
manufacturing them;
3. To require testing of chemical substances and mixtures that present an
unreasonable risk of injury to health or to the environment either before they are
being manufactured for the first time or presently being manufactured;
4. To evaluate the characteristics of chemicals that have been tested to determine
their toxicity and the extent of their effects on health and the environment;
5. To enter into contracts and make grants for research, development, and
monitoring of chemical substances and mixtures;
6. To conduct inspection of any establishment in which chemicals are manufactured,
processed, stored, or heldbefore after their commercial distribution;
7. To confiscate or impound chemicals not falling within said Act; and
8. To monitor and prevent the entry, even in transit, of hazardous and nuclear wastes
and their disposal into the country.
85
The DENR shall, within ninety (90) days from the date of filing of the notice of
manufacture, processing, or importation of a chemical substance or mixture, decide
whether or not to regulate or prohibit its importation, manufacture, processing, sale,
distribution, use or disposal. The following chemical substances shall be exempt from
notification;
a. those included in the categories of chemical substances and mixtures already
listed in the inventory of existing chemicals;
b. those to be produced in small quantities solely for experimental or research and
developmental purposes;

83
See id. Sec. 4
84
See id. Sec. 5
85
See id. Sec. 6
19
c. those that will not present an unreasonable risk to health and the environment; and
d. those that exist temporarily and which have no human or environmental exposure.
Such as those which exist as a result of chemical reaction in the manufacture or
processing of a mixture or another chemical substance.
86
Under theAct the following acts and omissions are prohibited and shall be considered
unlawful:
A. Knowingly use a chemical substance or mixture which is imported,
manufactured, processed, or distributed in violation of the Act or its
implementing rules and regulations;
B. Failure or refusal to submit reports, notices, or other information, access records,
as required by the Act, or permit inspection of establishments where chemicals are
manufactured, processed, stored, or otherwise held;
C. Failure or refusal to comply with the pre-manufacture and pre-importation
requirements; and
D. Cause, aid or facilitate directly or indirectly, in the storage, implementation or
bringing into Philippine territory, including its maritime economic zones, even in
transit, either by means of land, air or sea transportation or otherwise keeping in
storage any amount of hazardous and nuclear wastes in the any part of the
Philippines.
87
The Act provides for criminal penalties and fines. For violations of prohibited acts A, B,
andC stated above there shall be a penalty of imprisonment ranging from six months and
one day to six years and a fine ranging form six hundred pesos (P600) to four thousand
pesos (P4,000). The penalty for violation of prohibited act D stated above shall be a
penalty of imprisonment ranging from twelve years and oneday to twenty years. In the
case of a corporation, the penalties shall be imposed of the managing partner, president,
or chief executive officer in addition to a fine of five hundred thousand pesos
(P500,000).
88
Energy
In 1992 the Department of Energy was created under the provisions of the Department of
Energy Act of 1992.
89
Under the Act the stated policy of the Philippines is to ensure a
continuous, adequate, and economic supply of energy withthe end of ultimately
achieving self-reliance in the country’s energy requirements through the integrated and
intensive exploration, production, management and development of the country’s
indigenous energy resources and through the judicious conservation, renewal and
efficient utilization of energy to keep pace with country’s growth and economic
development, and to rationalize, integrate and coordinate the various programs of the

86
See id. Sec. 10, 11
87
See id. Sec. 13
88
See id. Sec. 14
89
Rep. Act No. 7638
20
government towards self-sufficiency and enhanced productivity in power energy without
sacrificing ecological concerns.
90
The Philippine national Oil Company (PNOC), the National Power Corporation (NPC)
and the National Electrification Administration (NEA) are placed under the supervision
of the Department of the Energy, but shall continue to perform their respective functions
insofar as they are not inconsistent with the provisions of this Act.
91
The Department’spowers and functionsshall include the following;
a. Formulate policies for the planning and implementation of a
comprehensive program for the efficient supply and economical use of
energy consistent with the approved national economic plan and with the
policies on environmental protection and conservation and maintenance of
ecological balance;
b. Develop and update the existing Philippine energy program which
shall provide for an integrated and comprehensive exploration,
development, utilization, distribution and conservation of energy
resources, with preferential bias for environment friendly, indigenous, and
low-cost sourcesof energy;
c. Establish and administer programs for the exploration,
transportation, marketing, distribution, utilization, conservation,
stockpiling, and storage of energy resources of all forms, whether
conventional or nonconventional;
d. Regulate private sector activities relative to energy projects as
provided for under existing laws. Provided. That the Department shall
endeavor to provide for an environment conducive to free and active
private sector participation and investment in all energy activities; and
e. Encourage private enterprises engaged in energy projects,
including corporations, cooperatives, and similar collective organizations
tobroaden the base of their ownership and thereby encourage the widest
public ownership of energy-oriented corporations.
92
Philippine Clean Air Act of 1999
93
The policy underlying the Act is that the State shall protect and advance the right of the
people to a balanced and healthful ecology in accord with the rhythm and harmony of
nature. The State shall promote and protect the global environment to attain sustainable
development while recognizing the primary responsibility of local government units to
deal with environmental problems. The State recognizes that the responsibility of
cleaning the habitat and environment is primarily area-based. Finally, the State

90
See id. Sec. 2
91
See id., Sec.13
92
See id. Sec. 5
93
Rep. Act No. 8749
21
recognizes that a clean and healthy environment is for the good of all and should
therefore be the concern of all.
94
The Act recognizes the following rights of citizens of the State;
a. The right to breathe clean air;
b. The right to utilize and enjoy all natural resources according to the principle of
sustainable development;
c.. The right to participate in the formulation, planning, implementation and monitoring
of environmental policies and programs and in the decision-making process;
d.. The right to participate in the decision-making process concerning development
policies, plans and programs projects or activities that may have adverse impact on the
environment and public health;
e. The right to be informed of the nature and extent of the potential hazard of any activity,
undertaking or project and to be served timely notice of any significant rise in the level
pollution and the accidental or deliberate release into the atmosphere of harmful or
hazardous substances;
f. The right of access to public records which a citizen may need to exercise his or her
rights effectively under this Act;
g. The right to bring action in court or quasi-judicial bodies to enjoin all activities in
violation of environmental laws and regulations, to compel the rehabilitation and cleanup
of area, and to seek the imposition of penal sanctions against violators of environmental
laws; and
h. The right to bring action in court for compensation of personal damages resulting from
the adverse environmental and public health impact of a project or activity.
95
Air Quality Control Action Plan and Airsheds - Under the Act the DENR (The
Department) is mandated to develop an Air Quality Control Action Plan. The action plan
shall include enforceable emission limitations and other control measures, means or
techniques, as well as schedules and time tables for compliance, as may be necessary or
appropriate to meet the applicable requirements of the Act. The Action plan shall
designate airsheds.
96
The designation of airsheds shall be on the basis of, but not limited
to, areas with similar climate, meteorology and topology which affect the interchange and
diffusion of pollutants in the atmosphere, or areas which share common interest or face
similar development programs, prospects or problems. For a more effective air quality
management, a system of planning and coordination shall be established and a common

94
See id. Sec.2
95
See id. Sec. 4
96
See id. Sec. 8
22
action plan shall be formulated for each airshed. To effectively carry out the formulated
action plans, a Governing Board is hereby created, hereinafter referred to as the Board.
The Board shall be headed by the Secretary of the Department of Environment and
Natural Resources as chairman. The members shall be as follows Provincial Governors
from areas belonging to the airshed; City/Municipal Mayors from areas belonging to the
airshed;
1. A representative from each concerned government agency;
2. Representatives from people’s organizations;
3. Representatives from non-government organizations; and
4. Representatives from the private sector.
The Board shall perform the following functions:
a. Formulation of policies;
b. Preparation of a common action plan;
c. Coordination of functions among its members; and
d. Submission and publication of annual Air Quality Status Report for each airshed.
Upon consultation with appropriate local government authorities, the Department shall,
from time to time, revise the designation of airsheds utilizing eco-profiling techniques
and undertaking scientific studies.
Upon consultation with appropriate local government authorities, the Department shall,
from time to time, revise the designation of airsheds utilizing eco-profiling techniques
and undertaking scientific studies.
Emissions trading may be allowed among pollution sources within an airshed.
97
National Ambient Air Quality Standards - The Act mandates that DENR shall issue
ambient air quality standards The Department, in coordination with other concerned
agencies, shall review and/or revise and publish annually a list of hazardous air pollutants
with corresponding ambient guideline values and/or standard necessary to protect public
health and safety, and general welfare. The initial list and values of the hazardous air
pollutants shall be as follows:
a.For National Ambient Air Quality Guideline for Criteria Pollutants:
Short Term
a
Long Term
b
Pollutants Ug/Ncm ppm
Averaging
Time
Ug/Ncm ppm
Averaging
Time
Suspended
Particulate
Matter
a-
TSP
230
d
24 hours 90 -- 1 year
c

97
See id. Sec. 9
23
PM-10 150
f
24 hours 60 -- 1 year
c
Sulfure
Dioxide
c
180 0.07 24 hours 80 0.03 1 year
Nitrogen
Dioxide
150 0.08 24 hours -- -- --
Photochemical
Oxidants 140 0.07 1 hour -- -- --
As ozone 60 0.03 8 hours -- -- --
Carbon
Monoxide
35 mg/Ncm 30 1 hour -- -- --
10 mg/Ncm 9 8 hours -- -- --
Lead
g
1.5 -- 3 months
g
1.0 -- 1 year
a
Maximum limits represented by ninety-eight percentile (98%) values not to exceed
more than once a year.
b
Arithmetic mean
c
SO
2
and Suspended Particulate matter are sampled once every six days when using
the manual methods. A minimum of twelve sampling days per quarter or forty-eight
sampling days each year is required for these methods. Daily sampling may be done
in the future once continuous analyzers are procured and become available.
d
Limits for Total Suspended Particulate Matter with mass median diameter less than
25-50 u.m.
e
Annual Geometric Mean
f
Provisional limits for Suspended Particulate Matter with mass median diameter less
than 10 microns and below until sufficient monitoring data are gathered to base a
proper guideline.
g
Evaluation of this guideline is carried out for 24-hour averaging time and averaged
over three moving calendar months. The monitored average value for any three
months shall not exceed the guideline value.
b) National Ambient Air Quality Standards for Source Specific Air Pollutants from
Industrial Sources/Operations:
Pollutants
1
Concentration
2
Averaging
Time
(min).
Method of Analysis/
Measurement
3
ug/Ncm ppm 30
1. Ammonia 200 0.28 30 Nesselerization/Indo Phenol
2. Carbon Disulfide 30 0.01 5 Ticher Method
3. Chlorine and
Chlorine
compounds
Expressed
as Cl
2
100 0.03 30 Methyl Orange
4. Formaldehyde 50 0.04 30 Chromotropic acid Method or MBTH
24
Colorimetric Method
5. Hydrogen
Chloride
200 0.13 30 Volhard Titration with Iodine Solution
6. Hydrogen Sulfide 100 0.07 30 Methylene Blue
7. Lead 20 0.20 30 AAS
c
8. Nitrogen Dioxide
375
260
0.20
0.14
30
60
Greiss-Saltzaman
9. Phenol 100 0.03 30 4-Aminoantiphyrine
10. Sulfur Dioxide
470
340
0.18
0.13
30
60
Colorimetric-Pararosaniline
11. Suspended
Particulated
Matter- TSP
- PM10
300
200
--
--
60
60
Gravimetric-
-do-
1
Pertinent ambient standards for Antimony, Arsenic, Cadmium, Asbestos, Nitric Acid
and Sulfuric Acid Mists in the 1978 NPCC Rules and Regulations may be considered as
guides in determining compliance.
2
Ninety-eight percentile (98%) values of 30- minute sampling measured at 25¢ C and
one atmosphere pressure
The basis in setting up the ambient air quality guideline values and standards shall reflect,
among others the latest scientific knowledge including information on:
1. Variable factors, including atmospheric conditions, which of themselves or in
combination with other factors may alter the effects on public health or welfare of
such air pollutant;
2. The other types of air pollutants which may interact with such pollutant to
produce an adverse effect on public health or welfare; and
3. The kind and extent of all identifiable effects on public health or welfare which
may be expected from the presence of such pollutant in the ambient air, in varying
quantities.
The Department shall base such ambient air quality standards on World Health
Organization (WHO) standards, but shall not be limited to nor be less stringent than such
standards.
98
The DENR shall issue air quality control techniques developed through research and
development programs. Such techniques shall include;
1. Best available technology and alternative methods of prevention, management and
control of air pollution;

98
See id. Sec. 12
25
2. Best available technology economically achievable which shall refer to the
technological basis/standards for emission limits applicable to existing, direct industrial
emitters of non-conventional and toxic pollutants; and
3. Alternative fuels, processes and operating methods which will result in the elimination
or significant reduction of emissions.
Such information may also include data relating to the cost of installation and operation
energy requirements, emission reduction benefits, and environmental impact or the
emission control technology. The issuance of air quality guideline values, standards and
information on air quality control techniques shall be made available to the general
public: Provided, that the issuance of information on air quality control techniques shall
not be construed as requiring the purchase of certain pollution control devices by the
public.
99
The Act provides that the DENR shall designate areas shall designate areas where
specific pollutants have already exceeded ambient standards as non-attainment areas. The
Department shall prepare and implement a program that will prohibit new sources of
exceeded air pollutant without a corresponding reduction in existing sources.
100
Pollution from Stationery Sources –The DENR within 2 years from the effective date of
the Act and every two years thereafter, revise and publish emission standards, to further
improve the emission standards, to further improve the emission standards for stationary
sources of air pollution. Such emission standards shall be based on mass rate of emission
for all stationary sources of air pollution based on internationally-accepted standards, but
not be limited to, nor be less stringent than such standards and with the standards set forth
in this section. The standards, whichever is applicable, shall be the limit on the acceptable
level of pollutants emitted from a stationary source for the protection of the public’s
health and welfare.
The standards shall not fall below the following limits, with respect to the concentration
at the point of emission for any trade, industry, process and fuel-burning equipment or
industrial plant emitting air pollutants::
Pollutants
Standard
Applicable
to Source
Maximum
Permissible
Limits (mg/Ncm)
Method of
Analysis
a
1. Antimony and its
compounds
Any source 10 as Sb AAS
b
2. Arsenic and its compounds Any source 10 as As AAS
b
3. Cadmium and its
compounds
Any source 10 as Cd AAS
b
4. Carbon Monoxide Any industrial 500 as CO Orsat Analysis

99
See id. Sec. 11
100
See id. Sec. 10
26
Source
5. Copper and its compounds
Any industrial
Source
100 as Cu AAS
b
6. Hydrofluoric Acids and
Fluoride
Any source other
than
the manufacture of
Aluminum from
Alumina
50 as HF
Titration with
Ammonium
7. Hydrogen Sulfide
i) Geothermal
power
plants
ii)Geothermal
exploration and
well-
testing
iii) Any source
other
than (i) and (ii)
c, d,
e
7 as H
2
S
Cadmium Sulfide
8. Lead
Any trade,
industry
or Process
10 as Pb AAS
b
9. Mercury Any source 5 as elemental Hg
AAS
b/
Cold Vapor
Technique or HG
Analyzer
10.Nickel and its compound
Nickel Carbonyl
Any source 20 as Ni
Phenol-disulfunic
acid Method
11. NO
2
i) Manufacture of
Nitric Acide
ii) Fuel burning
steam
generators
Existing
Source
New Source
* Coal Fired
* Oil-Fired
2000 as acid and
NO
2
and calculated as NO
2
1,500 as NO
2
1,000 as NO2
500 as NO2
Phenol-disulfonic
acid Method
Phenol-disulfonic
acid Method
12. PhosphorusPentoxide
g
Any source 200 as P
2
O
5
Spectrophotometry
13. Zinc and its compounds Any source 100 as Zn AAS
a
Other equivalent methods approved by the Department may be used
b
Atomic Absorption Spectrophotametry
c
All new geothermal power plants starting construction by 01 J anuary 1995 shall control
HgS emissions to not more than 150 g/GMW-Hr
27
d
All existing geothermal power plants shall control HaS emissions tonot more than 200
g/GMW-Hr. within 5 years from the date of effectivity of these revised regulations.
e
Best practicable control technology for air emissions and liquid discharges. Compliance
with air and water quality standards is required.
f
Emission limit of Nickel Carbonyl shall not exceed 0.5 mg/Ncm.
g
Provisional Guideline
Provided, that the maximum limits in mg/Ncm particulates in sad sources shall be:
1. Fuel Burning Equipment
a. Urban or Industrial Area
b. Other area
150 mg/Ncm
200 mg/Ncm
2. Cement Plants(Kilns, etc.) 150 mg/Ncm
3. Smelting Furnaces 150 mg/Ncm
4. Other Stationary Sources
a
200 mg/Ncm
Other Stationary Sources means a trade, process, industrial plant, or fuel burning
equipment other than thermal power plants, industrial boilers, cement plants, incinerators
and smelting furnaces
Provided further, that the maximum limits for sulfur oxides in said sources shall be:
(1) Existing Sources
(i) Manufacture of Sulfuric Acid and Sulf)on)ation
Process
(ii) Fuel Burning Equipment
(iii) Other Stationary Sources
a
2.0 gm. Ncm as SO
3
1.5 gm. Ncm as SO3
1.0 gm. Ncm as SO
3
(2) New Sources
(i) Manufacture of Sulfuric Acid and Sul(on)tion
Process
(ii) Fuel Burning Equipment
(iii) Other Stationary Sources
a
1.5 gm. Ncm as SO
3
0.7 gm. Ncm as SO3
0.2 gm. Ncm as SO3
a
Other Stationary Sources refer to existing and new stationary sources other than those
caused by the manufacture of sulfuric acid and sulfonation process, fuel burning
equipment and incineration.
101
Permits - the Department shall have the authority to issue permits as it may determine
necessary for the prevention and abatement of air pollution. Said permits shall cover
emission limitations for the regulated air pollutants to help attain and maintain the
ambient air quality standards.
102
Violations of the standards the PAB shall impose a fine
of not more than one hundred thousand pesos (P100,000) a dayfor every day against an
owner or operator of a stationery source until such time that the standards have been

101
See id. Sec. 19
102
See id. Sec. 16
28
complied with. For purposes of the application of the fines, the PAB shall prepare a fine
rating system to adjust the maximum fine based on the violator’s ability to pay, degree of
willfulness, degree of negligence, history of noncompliance and degree of recalcitrance:
Provided, That in case of negligence, the first time offender’s ability to pay may likewise
be considered by the Pollution Adjudication Board: Provided, further, That in the absence
of any extenuating or aggravating circumstances, the amount of fine for negligence shall
be equivalent to one-half of the fine for willful violation.
103
Emission Charge System -The Department, in case of industrial dischargers, and the
Department of Transportation and Communications (DOTC), in case of motor vehicle
dischargers, shall based onenvironmental techniques, design, impose on and collect
regular emission fees from said dischargers as part of the emission permitting system or
vehicle registration renewal system, as the case may be.
104
Emission Standards for Motor Vehicles – the Act provides that the DOTC shall
implement minimum emission standards for all vehicles (the standards are detailed in the
Act). The standards are to be effective by 2003 and revised every two years. Motor
vehicles shall be inspected andtheir emission tested for compliance with the standards.
Vehicles not in compliance will not have their registrations renewed.
105
Any imported
new or locally-assembled new motor vehicle shall not be registered unless it complies
with the emission standards set pursuant to this Act, asevidenced by a Certificate of
Conformity (COC) issued by the Department.
106
Air Quality Management Fund - An Air Quality Management Fund to be administered by
the Department as a special account in the National Treasury is hereby established to
finance containment, removal, and clean-up operations of the Government in air pollution
cases, guarantee restoration of ecosystems and rehabilitate areas affected by the acts of
violators of this Act, to support research, enforcement and monitoring activities and
capabilities of the relevant agencies, as well as to provide technical assistance to the
relevant agencies. Such fund may likewise be allocated per airshed for the undertakings
herein stated.
The Fund shall be sourced from the fines imposed and damages awarded to the Republic
of the Philippines by Pollution Adjudication Board (PAB), proceeds of licenses and
permits issued by the Department under this Act, emission fees and from donations,
endowments and grants in the forms of contributions. Contributions to the Fund shall be
exempted from donor taxes and all other taxes, charges or fees imposed by the
Government.
107

103
See id. Sec. 45
104
See id. Sec. 13
105
See id. Sec. 21
106
See id. Sec. 22
107
See id. Sec. 14
29
Citizen Suits - for purposes of enforcing the provisions of the Act or its implementing
rules and regulations, any citizen may file an appropriate civil, criminal or administrative
action in the proper courts against: Any person who violates or fails to comply with the
provisions of this Act or its implementing rules and regulations; or The Department or
other implementing agencies with respect to orders, rules and regulations issued
inconsistent with this Act.
108
Ozone Depletion and Greenhouse Gases - consistent with the terms and conditions of the
Montreal Protocol on Substances that Deplete the Ozone Layer and other international
agreements and protocols to which the Philippines is a signatory, the Department shall
phase out ozone-depleting substances. Within sixty (60) days after the enactment of this
Act, the Department shall publish a list of substances which are known to cause harmful
effects on the stratospheric ozone layer.
109
The Philippine Atmospheric, Geophysical and
Astronomical Service Administration (PAGASA) shall regularly monitor meteorological
factors affecting environmental conditions including ozone depletion and greenhouse
gases and coordinate with the Department in order to effectively guide air pollution
monitoring and standard- setting activities.
The Department, together with concerned agencies and local government units, shall
prepare and fully implement a national plan consistent with the United Nations
Framework Convention on Climate Change and other international agreements,
conventions and protocols on the reduction of greenhouse gas emissions in the country.
110
Philippine Clean Water Act of 2004
111
The policy and coverage of the Act shall be that the State shall pursue a policy of
economic growth in a manner consistent with the protection, preservation
and revival of the quality of our fresh, brackish and marine waters. To
achieve this end, the framework for sustainable development shall be
pursued.
112
The Act shall apply to water quality management in all water
bodies. The Act shall primarily apply to the abatement and control of
pollution from land based sources, and that the water quality standards and
regulations and the civil liability and penal provisions under this Act shall be
enforced irrespective of sources of pollution.
113
Water Quality Management Area - The DENR (the Department) in
coordination with National Water Resources Board (NWRB) shall designate
certain areas as water quality management areas using appropriate
physiographic units such as watershed, river basins or water resources

108
See id. Sec. 41
109
See id. Sec. 30
110
See id. Sec. 31
111
Rep. Act No. 9275
112
See id. Sec. 2
113
See id. Sec. 3
30
regions. Said management areas shall have similar hydrological,
hydrogeological, meteorological or geographic conditions which affect the
physicochemical, biological and bacteriological reactions and diffusions of
pollutants in the water bodies, or otherwise share common interest or face
similar development programs, prospects or problems.
Said management area shall be governed by a governing board composed of
representatives of mayors and governors of member local government units
(LGUs), and representatives of relevant national government agencies, duly
registered non-governmental organization, water utility sector, and business
sector. The Department representative shall chair the governing board. In
the case of the LGUs with memberships on more than one (1) management
board, the LGU shall designate only one (1) single representative for all the
management areas wherein is a member.
114
Management of Non-attainment Areas - The Department shall designate water
bodies, or portions thereof, where specific pollutants from either natural or
man-made source have already exceeded water quality guidelines as non-
attainment areas for the exceeded pollutants. It shall prepare and
implement a program that will not allow new sources of exceeded water
pollutant in non-attainment areas without a corresponding reduction in
discharges from existing sources; Provided, That if the pollutant is naturally
occurring, e.g. naturally high boron and other elements in geothermal areas,
discharge of such pollutant may be allowed: Provided, further, That the
effluent concentration of discharge shall not exceed the naturally occurring
level of such pollutant in the area: Provided, finally, That the effluent
concentration and volume of discharge shall not adversely affect water
supply, public health and ecological protection.
115
National Sewage and Septage Management Program – The Department of Public Works
and Highways (DPWH) through its relevant attached agencies, in coordination
with the Department, local government units (LGUs) and other concerned
agencies, shall, as soon as possible, but in no case exceeding a period of
twelve (12) months from the affectivity of this Act, prepare a national
program on sewerage and septage management in connection with Section 8
hereof.
Such program shall include a priority listing of sewerage, septage and
combined sewerage-septage projects for LGUs based on population density
and growth, degradation of water resources, topography, geology, vegetation,
program/projects for the rehabilitation of existing facilities and such other

114
See id. Sec. 5
115
See id. Sec 6
31
factors that the Secretary may deem relevant to the protection of water
quality. On the basis of such national listing, the national government may
allot, on an annual basis, funds for the construction and rehabilitation of
required facilities.
Each LGU shall appropriate the necessary land, including the required
rights-of-way/road access to the land for the construction of the sewage and/or
septage treatment facilities.
Each LGU may raise funds to subsidize necessary expenses for the operation
and maintenance of sewerage treatment or septage facility servicing their
area of jurisdiction through local property taxes and enforcement of a service
fee system.
116
National Water Quality Management Fund- a fund, to be administered by the
Department in coordination with other concerned agencies, as a special
account in the National Treasury is hereby established. The fund shall be
used to finance the following:
a) Finance containment and clean-up operations of the government in
water pollution cases;
b) Guarantee restoration of ecosystems and rehabilitation of affected
areas;
c) Support research, enforcement and monitoring activities;
d) Provide technical assistance to the implementing agencies;
e) Grant rewards and incentives;
f) Support information and educational campaign; and
g) Such other disbursements made solely for the prevention, control or
abatement of water pollution and management and administration of
the management areas in the amounts authorized by the
Department.
117
Effluent Standards by Industry Sector -Within twenty-four (24) months from the
effectivity of this Act, and every two (2) years thereafter, the Department
shall, through due public consultation, revise and publish a list of categories
of industry sector for which effluent standards will be provided for each
significant wastewater parameter per industry sector.

116
See id. Sec. 7
117
See id. Sec. 8
32
The Department shall provide additional classification based on other parameters
specifically associated to discharge of a particular industry which shall be included in the
listing of categories prescribed in the preceding paragraph.
118
Wastewater Charge System and Discharge Permits - The Department shall
implement a wastewater charge system in all management areas including
the Laguna Lake Region and Regional Industrial Centers through the
collection of wastewater charges/fees. The system shall be established on the
basis of payment to the government for discharging wastewater into the
water bodies. The fee shall be based on the net waste load depending on the
wastewater, charge formula which shall be established with due public
consultation within six (6) months from the effectivity of this Act: Provided,
That net waste load shall refer to the difference of the initial waste load of
the abstracted water and the waste load of the final effluent discharge of an
industry: Provided, further, That no net waste load shall be lower than the
initial waste load: Provided, finally, That wastewater charge system shall
not apply to wastewater from geothermal exploration.
119
The Department shall require owners or operators of facilities that discharge
regulated effluents pursuant to this Act to secure a permit to discharge. The
discharge permit shall be the legal authorization granted by the Department
to discharge wastewater: Provided, that the discharge permit shall specify
among others, the quantity and quality of effluent that said facilities are
allowed to discharge into a particular water body, compliance schedule and
monitoring requirement. As part of the permitting procedure, the
Department shall encourage the adoption of waste minimization and waste
treatment technologies when such technologies are deemed cost effective.
120
Financial Liability Mechanism - The Department shall require program and
project proponents to put up environmental guarantee fund (EGF) as part of
the environmental management plan attached to the environmental
compliance certificate (ECC) pursuant to Presidential Decree No. 1586 and
its implementing rules and regulations. The EGF shall finance the
maintenance of the health of the ecosystems and specially the conservation of
watersheds and aquifers affected by the development, and the needs of
emergency response, clean-up or rehabilitation of areas that may be damaged
during the program’s or project’s actual implementation. Liability for
damages shall continue even after the termination of a program or project
and, until the lapse of a given period indicated in the environmental
compliance certificate, as determined by the Department. The EGF may be
in the form of a trust fund, environmental insurance, surety bonds, letters of

118
See id. Sec. 12
119
See id. Sec. 13
120
See id. Sec 14
33
credit, self-insurance and any other instruments which may be identified by
the Department. The choice of the guarantee instrument or combinations
thereof shall depend, among others, on the assessment of the risks involved
and financial test mechanisms devised by the Department. Proponents
required to put up guarantee instruments shall furnish the Department with
evidence of availment of such instruments from accredited financial
instrument providers.
121
Notwithstanding the above paragraph, any person who causes pollution in or
pollutes water bodies in excess of the applicable and prevailing standards
shall be responsible to contain, remove and clean-up any pollution incident at
his own expense to the extent that the same water bodies have been rendered
unfit for utilization and beneficial use: Provided, That in the event
emergency clean-up operations are necessary and the polluter fails to
immediately undertake the same, the Department in coordination with other
government agencies concerned, shall conduct containment, removal and
clean-up operations. Expenses incurred in said operations shall be
reimbursed by the persons found to have caused such pollution upon proper
administrative determination in accordance with this Act. Reimbursements
of the cost incurred shall be made to the Water Quality Management Fund or
to such other funds where said disbursements were sourced.
122
Responsibilities of the DENR - The Department shall be the primary government
agency responsible for the implementation and enforcement of the Act unless
otherwise provided herein. As such, it shall have the following functions,
powers and responsibilities:
a) Prepare a National Water Quality Status Report within twenty-four
(24) months from the effectivity of this Act: Provided, that the
Department shall thereafter review or revise and publish annually, or
as the need arises, said report;
b) Prepare an Integrated Water Quality Management Framework within
twelve (12) months following the completion of the status report;
c) Prepare a ten (10) year Water Quality Management Area Action Plan
within twelve (12) months following the completion of the framework
for each designated water management area. Such action plan shall be
reviewed by the water quality management area governing board
every five (5) years or as need arises;

121
See id. Sec. 15
122
See id. Sec. 16
34
d) Prepare and publish a national a national groundwater vulnerability
map incorporating the prevailing standards and methodologies, within
twenty four (24) months after the effectivity of this Act;
e) Enforce, review and revise within twelve (12) months from the
effectivity of this Act water quality guidelines after due consultation
with the concerned stakeholder sectors: Provided, that the
Department, in coordination with appropriate agencies shall review
said guidelines every five (5) years or as need arises;
f) Review and set effluent standards every five (5) years from the
effectivity of this Act or sooner as determined by the Department.
Provided, that in the interim, the provisions of DENR Administrative
Order No. 35 of the Department shall apply: Provided, further, That
when new and more stringent standards are set in accordance with
this section, the Department may establish a grace period with a
maximum of five (5) years: Provided, finally, That such grace period
shall be limited to the moratorium on the issuance of cease and desist
and/or closure order against the industry’s operations except in the
event such operation poses serious and grave threat to the
environment, or the industry fails to institute retooling, upgrading or
establishing an environmental management system (EMS).
g) Establish within twelve (12) months from the effectivity of this Act,
internationally-accepted procedures for sampling and analysis of
pollutants and in coordination with other concerned agencies,
formulate testing procedures and establish an accreditation system for
laboratories;
h) Within eighteen (18) months from the effectivity of this Act and every
two (2) years thereafter, categorize point and non-point sources of
water pollution;
i) Classify groundwater sources within twelve (12) months from the
effectivity of this Act;
j) Classify or reclassify all water bodies according to their beneficial
usages: Provided, that in the interim, the provisions of DENR
Administrative Order No. 34 shall apply: Provided, further, that such
classification or reclassification shall take into consideration the
operation of businesses or facilities that are existing prior to the
effectivity of the Act: Provided, furthermore, that the Department may
authorize the use of the water for other purposes that are more
restrictive in classification: Provided, finally, That discharges
35
resulting from such use shall meet the effluent standards set by the
Department;
k) Exercise jurisdiction over all aspects of water pollution, determine its
location, magnitude, extent, severity, causes, effects and other
pertinent information on pollution, and to take measures, using
available methods and technologies to prevent and abate such
pollution;
l) Exercise supervision and control over all aspects of water quality
management;
m) Establish a cooperative effort in partnership with the government,
LGUs, academic institutions, civil society and the private sector to
attain the objectives of this Act;
n) Disseminate information and conduct educational awareness and value
formation programs and campaigns on the effects of water pollution on
health and environment, water quality management, and resource
conservation and recovery to encourage an environmentally action-
oriented society in coordination with government agencies identified in
Section 22 (f);
o) Promote and encourage private and business sectors especially
manufacturing and processing plants the use of water quality
management systems equipment, including but not limited to,
industrial wastewater treatment collection and treatment facilities;
p) Report, on an annual basis, to Congress the quality status of water
bodies and other pertinent information and recommend possible
legislation, policies and programs for environmental management and
water pollution control;
q) Issue rules and regulations for the effective implementation of the
provisions of this Act;
r) Issue orders against any person or entity and impose fines, penalties
and other administrative sanctions to compel compliance with water
quality the provisions of this Act;
s) Undertake appropriate protocol with other concerned agencies for
immediate coordinated responses to water related emergency
incidents;
t) Issue permits, clearances and similar instruments pursuant to this Act;
and
36
u) Exercise such powers and perform such other functions as may be
necessary to carry out the objectives of this Act
The Department shall gradually devolve to the LGUs, and to the governing
boards the authority to administer some aspects of water quality
management and regulation, including, but not to be limited to, permit
issuance, monitoring and imposition of administrative penalties, when, upon
the Department’s determination, the LGU or the governing board has
demonstrated readiness and technical capability to undertake such
functions.
123
Prohibited Acts - Under the Act the following acts are hereby prohibited:
a) Discharging, depositing or causing to be deposited material of any kind
directly or indirectly into the water bodies or along the margins of any
surface water, where, the same shall be liable to be washed into such
surface water, either by tide action or by storm, floods or otherwise,
which could cause water pollution or impede natural flow in the water
body;
b) Discharging, injecting or allowing to seep into the soil or sub-soil any
substance in any form that would pollute groundwater. In the case of
geothermal projects, and subject to the approval of the Department,
regulated discharge for short- term activities (e.g., well testing,
flushing, commissioning, venting) and deep re-injection of geothermal
liquids may be allowed: Provided, That safety measures are adopted to
prevent the contamination of the groundwater;
c) Operating facilities that discharge regulated water pollutants without
the valid required permits or after the permit was revoked for any
violation of any condition therein;
d) Disposal of potentially infectious medical waste into sea water by
vessels unless the health or safety of individuals on board the vessel is
threatened by a great and imminent peril;
e) Unauthorized transport or dumping into sea waters of sewage sludge or
solid waste as defined under Republic Act No. 9003 (Ecological Solid
Waste Act of 2000);
f) Transport, dumping or discharge of prohibited chemicals, substances or
pollutants listed under Republic Act No. 6969 (Toxic Substances and
Hazardous and Nuclear Waste Control Act of 1990);

123
See id. Sec.19
37
g) Operate facilities that discharge or allow to seep, willfully or through
gross negligence, prohibited chemicals, substances or pollutants listed
under Republic Act No. 6969 into water bodies or wherein the same
shall be liable to be washed into such surface, ground, coastal, and
marine water;
h) Undertaking activities or development and expansion of projects, or
operating wastewater/sewerage facilities in violation of Presidential
Decree No. 1586 and its implementing rules, and regulations;
i) Discharging regulated water pollutants without the valid required
discharge permit pursuant to this Act or after the permit was revoked
for any violation of condition therein;
j) Non-compliance of the LGU with the Water Quality Framework and
Management Area Action Plan. In such a case, sanctions shall be
imposed on the local government officials concerned;
k) Refusal to allow entry, inspection and monitoring by the Department in
accordance with this Act;
l) Refusal to allow access by the Department to relevant reports and
records in accordance with this Act;
m) Refusal or failure to submit reports whenever required by the
Department in accordance with this Act;
n) Refusal or failure to designate pollution control officers whenever
required by, the Department in accordance with this Act; and
o) Directly using booster pumps in the distribution system or tampering
with the water supply in such a way as to alter or impair the water
quality.
124
Penalties - Unless otherwise provided herein, any person who commits any of
the prohibited acts provided in the immediately preceding section or violates
any of the provision of this Act or its implementing rules and regulations,
shall be fined by the Secretary, upon the recommendation of the PAB in the
amount of not less than Ten thousand pesos (P 10,000.00) nor more than Two
hundred thousand pesos (P 200,000.00) for every day of violation. The fines
herein prescribed shall be increased by ten percent (10%) every two (2) years
to compensate for inflation and to maintain the deterrent function of such

124
See id. Sec. 27
38
fines: Provided, That the Secretary, upon recommendation of the PAB may
order the closure, suspension of development or construction, or cessation of
operations or, where appropriate disconnection of water supply, until such
time that proper environmental safeguards are put in place and/or
compliance with this Act or its rules and regulations are undertaken. This
paragraph shall be without prejudice to the issuance of an ex parte order for
such closure, suspension of development or construction, or cessation of
operations during the pendency of the case.
Failure to undertake clean-up operations, willfully, or through gross
negligence, shall be punished by imprisonment of not less than two (2) years
and not more than four (4) years and a fine not less than Fifty thousand
pesos (P 50,000.00) and not more than One hundred thousand pesos (P
100,000.00) per day for each day of violation. Such failure or refusal which
results in serious injury or loss of life and/or irreversible water contamination
of surface, ground, coastal and marine water shall be punished with
imprisonment of not less than six (6) years and one day and not more than
twelve (12) years, and a fine of Five Hundred Thousand Pesos (P 500,000.00)
per day for each day during which the omission and/or contamination
continues.
125
Philippine Fisheries Code of 1998
126
The declared policy of Act is, in part; (a) to achieve food security as the overriding
consideration in the utilization, management, development, conservation and protection
of fishery resources in order to provide the food needs of the population. A flexible
policy towards the attainment of food security shall be adopted in response to changes in
demographic trends for fish, emerging trends in the trade of fish and other aquatic
products in domestic and international markets, and the law of supply and demand; and
(b) to ensure the rational and sustainable development, management and conservation of
the fishery and aquatic resources in Philippine waters including the Exclusive Economic
Zone (EEZ) and in the adjacent high seas, consistent with the primordial objective of
maintaining a sound ecological balance, protecting and enhancing the quality of the
environment.
127

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

125
See id. Sec. 28
126
Rep. Act No. 8550
127
See id. Sec. 2
39
(b) all aquatic and fishery resources whether inland, coastal or offshore fishing areas,
including but not limited to fishponds, fishpens/cages; and
(c) all lands devoted to aquaculture, or businesses and activities relating to fishery,
whether private or public lands.
128
The use and exploitation of the fishery and aquatic resources in Philippine waters shall be
reserved exclusively to Filipinos: Provided, however, that research and survey activities
may be allowed under strict regulations, for purely research, scientific, technological and
educational purposes that would also benefit Filipino citizens.
129
The use of fishponds shall be regulated by a Fishpond lease agreements (FLA) for which
a rental shall be charged. A fishpond is definedas a land-based facility enclosed with
earthen or stone material to impound water for growing fish. Commercial fishing boat
licenses (CFBL) Licenses shall be issued for commercial fishing vessels. The FLA and
CFBL shall be administered by the Department of Agriculture (The Department).
130
The Secretary may prescribe limitations or quota on the total quantity of fish captured,
for a specified period of time and specified area based on the best available evidence.
Such a catch ceiling may be imposed per species of fish whenever necessary and
practicable.
131
The Secretary may declare, through public notice in at least two (2) newspapers of
general circulation or in public service announcements, whichever isapplicable, at least
five (5) days before the declaration, a closed season in any or all Philippine waters
outside the boundary of municipal waters and in bays, for conservation and ecological
purposes. The Secretary may include waters under the jurisdiction of special agencies,
municipal waters and bays, and/or other areas reserved for the use of the municipal
fisherfolk in the area to be covered by the closed season.
132
The municipal/city government shall have jurisdiction over municipal waters as defined
in this Code. The municipal/city government, in consultation with the Fisheries and
Aquatic Resources Management Councils (FARMC), as established under this Act, shall
be responsible for the management, conservation, development, protection, utilization,
and disposition of all fish and fishery/aquatic resources within their respective municipal
waters.
133
Public lands such as tidal swamps, mangroves, marshes, foreshore lands and ponds
suitable for fishery operations shall not be disposed or alienated. Upon effectivity of this

128
See id. Sec. 3
129
See id. Sec. 5
130
See id. Sec. 6
131
See id. Sec. 8
132
See id. Sec. 9
133
See id. Sec 16
40
Code, FLA may be issued for public lands that may be declared available for fishpond
development primarily to qualified fisherfolk cooperatives/associations: Provided,
however, that upon the expiration of existing FLAs the current lessees shall be given
priority and be entitled to an extension of twenty-five (25) years in the utilization of their
respective leased areas. Thereafter, such FLAs shall be granted to any Filipino citizen
with preference, primarily to qualified fisherfolk cooperatives/associations as well as
small and medium enterprises as defined under Republic Act No. 8289: Provided, further,
That the Department shall declare as reservation, portions of available public lands
certified as suitable for fishpond purposes for fish sanctuary, conservation, and ecological
purposes: Provided, finally, That two (2) years after the approval of this Act, no fish pens
or fish cages or fish traps shall be allowed in lakes.
134
Aquatic pollution, as defined in this Act shall be unlawful. Violation of this provision
shall be punished by imprisonment of six (6) years and one (1) day to twelve (12) years
and/or a fine of Eighty thousand pesos (P80,000.00) plus an additional fine of Eight
thousand pesos (P8,000.00) per day until such violationceases and the fines paid.
135
Under the Act aquatic pollution is defined as the introduction by human or machine,
directly or indirectly, of substances or energy to the aquatic environment which result or
is likely to result in such deleterious effects as to harm living and non-living aquatic
resources, pose potential and/or real hazard to human health, hindrance to aquatic
activities such as fishing and navigation, including dumping/disposal of waste and other
marine litters, discharge of petroleum or residual products of petroleum or carbonaceous
materials/substances, and other, radioactive, noxious or harmful liquid, gaseous or solid
substances, from any water, land or air transport or other human-made structure.
Deforestation, unsound agricultural practices such as the use of banned chemicals and
excessive use of chemicals, intensive use of artificial fish feed, and wetland conversion,
which cause similar hazards and deleterious effects shall also constitute aquatic
pollution.
136
No person shall exploit, occupy, produce, breed, culture, capture or gather fish, fry or
fingerlings of any fishery species or fishery products, or engage in any fishery activity in
Philippine waters without a license, lease or permit. Discovery of any person in an area
where he hasno permit or registration papers for a fishing vessel shall constitute a prima
facie presumption that the person and/or vessel is engaged in unauthorized fishing:
Provided, That fishing for daily food sustenance or for leisure which is not for
commercial, occupation or livelihood purposes may be allowed. It shall be unlawful for
any commercial fishing vessel to fish in bays and in such other fishery management areas
which may hereinafter be declared as over-exploited. Any commercial fishing boat
captain or the three (3) highest officers of the boat who commit any of the above
prohibited acts upon conviction shall be punished by a fine equivalent to the value of
catch or Ten thousand pesos (P10,000.00) whichever is higher, and imprisonment of six

134
See id. Sec 45
135
See id. Sec. 102
136
See id. Sec 2
41
(6) months, confiscation of catch and fishing gears, and automatic revocation of
license.
137
It shall be unlawful for any foreign person, corporation or entity to fish or operate any
fishing vessel in Philippine waters. The entry of any foreign fishing vessel in Philippine
waters shall constitute a prima facie evidence that the vessel is engaged in fishing in
Philippine waters. Violation of the above shall be punished by a fine of One hundred
thousand U.S. Dollars (US$100,000.00), in addition to the confiscation of its catch,
fishing equipment and fishing vessel: Provided, That the Department is empowered to
impose an administrative fine of not less than Fifty thousand U.S. Dollars
(US$50,000.00) but not more than Two hundred thousand U.S. Dollars (US$200,000.00)
or its equivalent in the Philippine Currency.
138
Ecological Solid Waste Management Act of 2000
139
Under the Act the declared the policy of the State is to adopt a systematic, comprehensive
and ecological solid waste management program which shall:
(a) Ensure the protection of public health and environment;
(b) Utilize environmentally-sound methods that maximize the utilization of
valuable resources and encourage resources conservation and recovery;
(c) Set guidelines and targets for solid waste avoidance and volume reduction
through source reduction and waste minimization measures, including
composing, recycling, re-use, recovery, green charcoal process, and others,
before collection, treatment and disposal in appropriate and environmentally-
sound solid waste management facilities in accordance with ecologically
sustainable development principles;
d) Ensure the proper segregation, collection, transport, storage, treatment and
disposal of solid waste through the formulation and adoption of the best
environmental practices in ecological waste management excluding
incineration;
(e) Promote national research and development programs for improved solid
waste management and resource conservation techniques, more effective
institutional arrangement and indigenous and improved methods of waste
reduction, collection, separation and recovery.
(f) Encourage greater private sector participation in solid waste management;
(g) Retain primary enforcement and responsibility of solid waste management
with local government units while establishing a cooperative effort among the
national government, other local government units, non-government
organizations, and the private sector;
(h) Encourage cooperation and self-regulation among waste generators through
the application of market-based instruments;
(i) Institutionalize public participation in the development and implementation of

137
See id. Sec. 86
138
See id. Sec. 87
139
Rep. Act No, 9003
42
national and local integrated, comprehensive and ecological waste
management programs; and
(j) Strengthen the integration of ecological solid waste management and
resource conservation and recovery topics into the academic curricula of
formal and non-formal education in order to promote environmental
awareness and action among the citizenry.
140
Under the Act a National Solid Waste Management Commission is established
(hereinafter referred to as the Commission), under the Office of the President. The
Commission shall be composed of fourteen (14) members from the government sector
and three (3) members from the private sector.
141
The Commission shall oversee the
implementation of solid waste management plans and prescribe policies to achieve the
objectives of this Act. The functions of the commission shall include the following:
(a) Prepare the National Solid Waste Management Framework;
(b) Approve local solid waste management plans in accordance with its rules and
regulations;
(c) Review and monitor the implementation of local solid waste management
plans; and
(d) Coordinate the operation of local solid waste management boards in the
provincial and city/municipal levels.
142
Pursuant to the provisions of the Local Government Code, the local government units
(LGUs) shall be primarily responsible for the implementation and enforcement of the
provisions of the Act within their respective jurisdictions. Segregation and collection of
solid waste shall be conducted at the barangaylevel specifically for biodegradable,
compostable and reusable wastes: Provided, that the collection of non-recyclable
materials and special wastes shall be the responsibility of the municipality or city.
143
The DENR, in coordination withthe LGUs, shall be responsible for the establishment of
the guidelines for the accuratecharacterization of wastes including determination of
whether or not wastes will be compatible with containment features and other wastes, and
whether or not wastes arerequired to be managed as hazardous wastes under R.A. 6969,
otherwise known as theToxic Substances and Hazardous and Nuclear Waste Control
Act.
144
Each LGU plan shall include an implementation schedule which shows that
within five (5) yearsafter the effectivity of this Act; the LGU shall divert at least 25% of
all solid waste fromwaste disposal facilities through re-use, recycling, and composting
activities and other resource recovery activities: Provided, that the waste diversion goals
shall be increasedevery three (3) years thereafter: Provided, further, that nothing in this

140
See id. Sec. 2
141
See id. Sec. 4
142
See id. Sec. 5
143
See id. Sec. 10
144
See id. Sec. 19
43
Section prohibits alocal government unit from implementing re-use, recycling, and
composting activitiesdesigned to exceed the goal.
145
The LGUs shall evaluate alternative roles for the public and private sectors in providing
collection services, type of collection system, or combination of systems, that best meet
their needs: Provided, that segregation of wastes shall primarily be conducted at the
source, to include household, institutional, industrial, commercial and agricultural
sources. Wastes shall be segregated into the categories provided in
Section 22 of this Act.
For premises containing six (6) or more residential units, the local government
unit shall promulgate regulations requiring the owner or person in charge of such
premises to:
(a) provide for the residents a designated area and containers in which to
accumulate source separated recyclable materials to be collected by the
municipality or private center; and
(b) notify the occupants of such buildings of the requirements of this Act and the
regulations promulgated pursuant thereto.
146
The following shall be the minimum standards and requirements for segregation and
storage of solid waste pending collection:
(a) There shall be a separate container for each type of waste from all sources:
Provided, that in the case of bulky waste, it will suffice that the same becollected and
placed in a separate and designated area; and
(b) The solid waste container depending on its use shall be properly marked or
identified for on-site collection as "compostable", "non-recyclable", "recyclable" or
"special waste", or any other classification as may bedetermined by the Commission.
147
No open dumps shall be established and operated, nor any practice or disposal of solid
waste by any person, including LGUs, which constitutes the use of open dumps for solid
waste, be allowed after the effectivity of this Act: Provided, That within three (3) years
after the effectivity of this Act, every LGU shall convert its open dumps into controlled
dumps, in accordance with the guidelines set in Section 41 of theAct: Provided, further,
that no controlled dumps shall be allowed five (5) years following effectivity of this Act.
148
No person shall commence operation, including site preparation andconstruction of a
new solid waste management facility or the expansion of an existing facility until said

145
See id. Sec. 20
146
See id. Sec. 21
147
See id. Sec. 22
148
See id. Sec. 37
44
person obtains an Environmental Compliance Certificate (ECC) from theDepartment
pursuant to P.D. 1586 and other permits and clearances from concernedagencies.
149
Under the Act, the following acts are prohibited:
(1) Littering, throwing, dumping of waste matters in public places, such as roads,
sidewalks, canals, esteros or parks, and establishment, or causing or permitting the same;
(2) Undertaking activities or operating, collecting or transporting equipment in
violation of sanitation operation and other requirements or permits set forth in
or established pursuant to this Act;
(3) The open burning of solid waste;
(4) Causing or permitting the collection of non-segregated or unsorted waste;
(5) Squatting in open dumps and landfills;
(6) Open dumping, burying of biodegradable or non-biodegradable materials in
flood-prone areas;
(7) Unauthorized removal of recyclable material intended for collection by
authorized persons;
(8) The mixing of source-separated recyclable material with other solid waste in
any vehicle, box, container or receptacle used in solid waste collection or disposal;
(9) Establishment or operation of open dumps as enjoined in this Act, or closure
of said dumps in violation of Sec. 37;
(10) The manufacture, distribution or use of non-environmentally acceptable
packaging materials;
(11) Importation of consumer products packaged in non-environmentally
acceptable materials;
(12) Importation of toxic wastes misrepresented as “recyclable” or “with recyclable
content”;
(13) Transport and dumping in bulk of collected domestic, industrial, commercial
and institutional wastes in areas other than centers of facilities prescribedunder this Act;
(14) Site preparation, construction, expansion or operation of waste management
facilities without an Environmental Compliance Certificate required pursuant to
Presidential Decree No. 1586 and this Act and not conforming with theland use plan of
the LGU;
(15) The construction of any establishment within two hundred (200) meters from
open dumps or controlled dumps or sanitary landfills; and
(16) The construction or operation of landfills or any waste disposal facility on any
aquifer, groundwater reservoir or watershed area and or any portions thereof.
150
Penalties and fines for commission of the act prohibited under the Act are generally
moderate. However, any person who violates Sec. 48, pars. (14), (15) and (16) shall,
upon conviction, be punished witha fine not less than One hundred thousandpesos
(P100,000.00) but not more than One million pesos (P1,000,000.00), or imprisonment not
less than one (1) year but not more than six (6) years, or both.
151
.

149
See id. Sec. 38
150
See id. Sec. 48
151
See id. Sec. 49
45
Private Actions Under the 1949 Civil Code
The Civil Code of 1949 governs the legal consequences of interactions between humans.
From an environmental standpoint the Civil Code provisions are relevant to legal actions
for nuisance
152
, damages, and easements. Damages may be in the form of actual or
compensatory damages, moral damages
153
, or exemplary or corrective damages. For
example damages were allowed in a case where the defendant diverted water flow from
the plaintiff’s farm.
154
The underlying principle that was violated was Article 2219 of the
Civil Code which provides that “any person who willfully causes loss or injury to another
in a manner that is contrary to morals, good customs, or public policy shall compensate
the latter for the damage”.
Compliance and Enforcement
Illustrative of the problems faced by concerned citizens who seek government action in
remedying an environmental problem is the class action suit brought by the Concerned
Citizens of Manila Bay. The 1999 suit seeks to hold the Philippine Government and all
polluting corporations jointly liable and responsible for the clean-up of Manila Bay.
Among the 15 government defendantsnamed in the suit are the DENR, Metro Manila
Development Authority, Metropolitan Waterworks, and the Philippine Ports Authority. In
the complaint the Citizens askedfor cleanup of the Bay, installation, operation and
maintenance of adequate sewage systems, waste water treatment facilities, recycling and
disposal facilities, hazardous and toxic waste treatment facility, health studies,
information and education campaigns, restocking with native fish, enhancing monitoring
of illegal fishing operations, and compliance with septic and sludge removal rules.
155

On September 28, 2005 the Appellate Court issued an order upholding the citizens group
claims. The Court specifically tasked the government agencies to come up with a
“concerted plan of action to clean-up and rehabilitate the Manila Bay and its waterways
to restore it to Class SB classification (bathing standard) and to revitalize its marine life”.
The Court rejected the Government’s claim that it does not have adequate funding to
clean-up the Bay, saying that this ismerely indicative of the government agencies failing
to perform their duties. In addition the Court stated “the decision of the lower court does
not require defendants to do tasks outside of their usual functions. They are merely being
directed to come up with consolidated and coordinated efforts, each performing its basic
function in rehabilitating and cleaning up the waters of Manila Bay”. The Court upheld

152
Ernesto R. Rodriguez J r. et al v. IAC, G.R. No. 74816 (March 17, 1987) (Phil.)
153
See Filinvest Credit Corporation v. IAC 166 SCRA, G.R. No. 65935 (September 30, 1988) ( Phil.)
154
Magbanua v. IAC, G.R. Nos. L-66870-72 (J une 29, 1985) (Phil.)
155
Global Push on Enforcement of Multilateral Environmental Agreements,
http://www.inece.org/newsletter/2/Articles/Program%20Highlights.htm
46
the earlier decision of the Regional Trial Court of Imus, Cavite dated September 13,
2002.
156

156
Philippine Headline News Online, http:/www.newsflash.org/2004/02/ht/ht005548.htm