Environmental Law
Content
Introduction
Philippine
Landscape
Environmental
The Philippines is one of the world’s richest natural
resources. It belongs to an elite list of one of the 17
megadiversity countries. The country’s landscape is
packed with numerous species of flora and fauna and a
rich concentration of marine life. About 65% of the 50,000
species of the flora and fauna known in the world can also
be found in the country. Within the Philippine waters are
500 of 800 known coral reef species, 2000 marine fish
species, more than 40 mangrove and 16 seagrass species.
For its climate, the Philippines is known to have a tropical
and monsoonal climate dominated by a dry and wet
season.
This wealth of natural resources should be protected and
preserved for future generations to come.
Environmental Problems
The Philippine environment is presently in crisis. The country’s rich
landscape is experiencing a drastic decline on account of human
activities. The forest cover is depleted and about 23% of the endemic
species are threatened with extinction. Industrialization played a
critical role in the increase of environmental problems in the country.
The growing need of Filipinos to sustain themselves has taken its toll
on the environment. There is water pollution and water scarcity.
Human migration resulted in the conversion of forest lands to
residential and industrial areas and the demand for transportation
services and increase in the number of factories and industrial plants
have all contributed to the worsening air pollution.
The recent tragedies brought about by natural disasters highlight the
country’s need to enhance its efforts to protect and rehabilitate the
environment.
Some Environmental problems
1. Water pollution
2. Deforestation
3. Loss of Biodiversity
4. Air pollution
5. Long term damaging effects caused by mining
operations
Let us now look at the Philippine legal framework
to see how the current environmental laws address
these problems.
Some pressing environment
problems
While Philippine biodiversity is considered as one of
the richest in the world, it is also one of the most
threatened ( at risk of extinction).
Philippines is left with only 24% forest cover, 2nd
lowest forest coverage area in Southeast Asia, next to
Singapore which has the lowest forest cover.
40% of the total coastal and marine areas are in poor
condition.
What is environmental justice?
As defined by the Environmental Protection Agency (EPA)
of the US, environmental justice is “the fair treatment of all
people, no matter what their race, color, national origin, or
income level, in the development, implementation and
enforcement of environmental laws, regulations and
policies.”
Fair treatment means that “no group of people, including
racial, ethnic, or socioeconomic groups should bear a
disproportionate share of the negative environmental
consequences resulting from industrial, municipal, and
commercial operations or the execution of programs and
policies.
Environmental Justice
Environmental Justice has no single universally accepted
definition. Some countries define the concept as “the
pursuit of equal justice and equal protection under the law
for all environmental statutes and regulations without
discrimination based on race, ethnicity, and or
socioeconomic status.
Others define it the same way as the EPA of the US.
However, the concept is defined, at the heart of
Environmental Justice lies the idea that brings together
environmental protection and social justice.
Environmental justice is therefore the FUSION of
environmental law and social justice.
Philippine definition of
environmental justice
In the case of Oposa vs. Factoran, 224 SCRA 792, the relevant
provision of our Constitution describes it as the “right of the
people to a balanced and healthful ecology” and “the correlative
duty to refrain from impairing the environment.” (Twin concept
of intergenerational and intragenerational equity.)
There is a need to address the environmental problems in our
country to prevent the harsh effects of environmental damage.
The most dangerous of all these effects is the threat of climate
change and global warming because the country is at risk, where
about half of the total area and more than 80% of the population
are vulnerable to natural disasters. When flash floods, typhoons
and changing weather patterns occur, the marginalized sectors
are especially affected and are the hardest hit.
Environmental Rights as a
component of Human Rights
Environmental rights grew out of human rights, a development
which resulted from the genocide and atrocities committed in
Wwar II.
In our Constitution, environmental protection is stated not in
the Bill of Rights under Article III but in the Declaration of State
Policies under Article II. Nevertheless, the right to a healthful
ecology is recognized as iron-clad and no less demandable than
those specifically enumerated in the Bill of Rights. These
environmental provisions in the Constitution without a
mechanism for its enforcement would be nothing. The need for
mechanisms to protect the environment has become critical
today. So that there should be a middle ground which can strike
the delicate balance between economic exploitation and
environmental protection.
Development of Environmental
justice in the Philippines
The concept of environmental justice is not foreign/alien
to Philippine experience. The Philippines is said to have
one of the world’s most developed approaches to
environmental protection and preservation. It is enshrined
as a fundamental State policy under Sec. 16, Art. II. (the
right to a healthful ecology).
The Constitution also provides that the Philippines “adopts
the generally accepted principles of international law as
part of the law of the land.” Customary international
environmental laws are deemed incorporated or
transposed into our national laws.
International Environmental Law
Is law adopted by sovereign states to define standards at the
international level. It prescribes obligations and regulates
behavior in international relations in matters affecting the
environment. There are several sources of international
environmental law but of special interest to the Philippine
judiciary are multilateral environmental agreements (MEAs) and
generally accepted principles of environmental protection.
The very first environmental instrument was the 1921 GENEVA
CONVENTION CONCERNING the USE of WHITE LEAD in
PAINTING. Since then, 283 other international instruments in
the field of the environment have been adopted.
Another important source of international environmental law is
the generally accepted principles of environmental protection.
Important MEAs
1. 1972 Stockholm Conference on the Human Environment
– considered as the chrysalis of International
Environmental Law.
The Conference was a discussion on the clashing
demands of the economy and ecology. The Stockholm
Declaration held that economic development is not
necessarily incompatible with environmental protection
and that development could proceed provided it avoids
damaging the environment.
Several principles in the Declaration are the sources of
our environmental policies in PD 1151 (Philippine
Environment Policy).
Important MEAs
2. United Nations Convention on the Law of the Sea
(UNCLOS) –
Ratified by the Philippines on May 8, 1984. Of
particular importance is Art. 194 which obliges parties
to take measures to prevent pollution of the marine
environment from any source, including “land-based
sources” and “installations and devices used in
exploration or exploitation of the natural resources of
the seabed and subsoil.”
1985 Vienna Convention for the
Protection of the Ozone layer
3. 1985 Vienna Convention for the Protection of the
Ozone layer and its 1987 Montreal Protocol on
Substances that Deplete the Ozone layer were both
ratified by the Philippines on July 17, 1991. These
international instruments oblige parties to phase
substances that deplete the ozone layer such as
chlorofluorocarbons (CFCs) and hydrochlorofluorocarbons (HCFCs) which are used in the
air-conditioning systems of many of our older cars,
offices and houses.
1989 Basel Convention on the
Control of TMHW
4. The 1989 Basel Convention on the Control of
Transboundary Movements of Hazardous Wastes and their
Disposal was ratified by the Philippines on October 23,
1993. It declares illegal the transboundary shipment and
disposal of hazardous wastes, such as your spent cellphone
batteries and old computer units, except for recycling.
In 1994, an amendment to the Basel Convention proposed a
total ban on the transboundary movement of hazardous
wastes from developed countries to developing countries.
The Philippines has not ratified this amendment. Neither
has Japan nor Australia.
1992 Convention on Biological
Diversity
Was ratified by the Philippines on October 8, 1993 while
the 1979 Bonn Convention on the Conservation of
Migratory Species of Wild Animals was ratified by the
Philippines only on January 2, 1994.
The Bonn Convention is a framework convention under
which parties may enter into agreements and memoranda
of understanding for the conservation of certain species. It
is significant that the Philippines is a signatory to the
Memoranda of Understanding (MOU) on the conservation
of marine turtles, dugongs and sharks. However, it is not a
signatory to the MOU on Pacific Island cetaceans.
1998 Rotterdam Convention
6. The 1998 Rotterdam Convention on the Prior
Informed Consent Procedure for Certain Hazardous
Chemicals and Pesticides in International Trade was
ratified by the Philippines on July 31,2006. The
convention requires exporters trading in specific
harmful chemicals such as ASBESTOS and
ENDOSULFAN to provide information on their
potential health and environmental effects so that the
importing country can decide on trade measures
affecting such chemicals.
2001 Stockholm Convention on
Persistent Organic Pollutants
7. 2001 Stockholm Convention was ratified by the
Philippines on February 27, 2004. It binds parties to
immediately ban the production and use of certain
pesticides such as ALDRIN and to eventually phase out
other pesticides such as DDT as these can adversely
affect human health and the environment around the
world. These dangerous substances are transportable
by wind and water.
What is environmental law?
The body of laws which contains elements to control
human impact on the earth. ( as defined in Black’s Law
Dictionary.)
It is gaining recognition because of the realization that
there is an urgent need to regulate human activities
because of their impact on the environment. It is however,
a new field dealing with the “maintenance and protection
of the environment, including preventive measures such as
the requirement of environmental-impact statements, as
well as measures to assign liability and provide cleanup for
incidents that harm the environment.
Environmental Law - definition
Environmental law covers all laws that relate to the
PRESERVATION, PROTECTION, CONSERVATION,
EXPLOITATION, UTILIZATION, DEVELOPMENT and
MANAGEMENT of the environment and its natural
resources.
Environmental law recognizes that human activities
AFFECT, IMPACT, and if left unattended, endanger the
natural environment. Laws and rules with corresponding
sanctions are implemented in order to ensure that human
activities are regulated with the end goal of ensuring that
the environment is adequately protected.
Constitutional policy on
Environmental Protection
The 1987 Constitution bears the framework of the
Philippine Environmental Policy. The PREAMBLE lays
down the foundation for the environmental provisions.
Our fundamental right to a healthy environment is
embodied in Article II which states ”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.” This provision is self-executing in nature and
deemed as the source of the citizen’s basic environmental
rights. It is not only a policy but a demandable legal right.
The duty of the state to protect and promote the health of
citizens is also an adjunct to the right of the Filipinos to a
healthy environment.
Significance of the Constitution
The 1987 Constitution cemented the Philippine’s
commitment to strike a delicate balance between the
demands of economics and the needs of the environment.
For the first time, the right of the person to a balanced and
healthful ecology was recognized not only as an abstract
policy statement, but an enforceable legal right. The
Supreme Court affirmed the enforceability of this legal
right in the seminal case of Oposa vs. Factoran.
Forming the matrix of this right is the recognition that
human beings are an integral part of a complex ecological
community. Nothing less than the survival of the human
species hangs on this delicate balance.
Relevant Constitutional provisions
Section 15, Article II - The State shall protect and
promote the right to health of the people and instill
health consciousness among them.
Most of the provisions of Article XII also highlight the
State’s primary objective of protecting the
environmental resources of the country. Sections 2, 3.
4 and 5 all seek to protect the country’s land from
abuse and exploitation and ensure that the
development of the country’s natural resources will
benefit the Filipino people.
Section 4, Article XII enjoins the State to protect our
endangered forest and watershed areas.
Section 7, Article XIII calls upon the State to protect,
develop and conserve communal marine and fishing
resources.
In pushing the frontiers of industrialization, Section 1,
Article XII cautioned the State to make “full and efficient
use of human and natural resources”.
Section 4, Article XIII emphasizes the duty of the
government to undertake the just distribution of all
agricultural lands, taking into account ECOLOGICAL,
DEVELOPMENTAL and other equity considerations.
Philippine Environmental Laws
Philippine Environmental Laws are geared towards the
attainment of SUSTAINABLE DEVELOPMENT. They seek to
address a wide array of environmental concerns ranging from
forest degradation, loss of biodiversity, water and air pollution
and hazardous waste management among others. The laws are
enumerated in the Rules of Procedure for Environmental Cases
and are classified into 4 groups: 1. TERRESTRIAL 2. MARINE
and AQUATIC RESOURCES 3. AERIAL and 4. OTHERS.
Terrestrial laws refer to the protection and preservation of forests
and biodiversity.
Marine and aquatic resources laws pertain to the protection and
preservation of the waters and preservation of marine life.
Aerial laws deal with preventing air pollution, while other laws
refer to those that involve hazardous wastes and other
environmental concerns.
3 Categories of Major Philippine
Environmental Laws
1. the regulation of exploitation, utilization and
development of natural resources;
2. the preservation, protection and conservation of
flora and fauna; and
3. pollution and environmental management
First Category
1. PD 705 Revised Forestry Code as amended by PD
1559, EO 277 and RA 7161
2. Rep. Act 8550, Philippine Fisheries Code
3. Rep. Act 7076, People’s Small Scale Mining Act
4. Rep. Act No. 7942, Philippine Mining Act
Second Category
1. Rep. Act 7586, National Integrated Protected Areas
System Act
2. Rep. Act 9147, Wildlife Conservation and
Protection Act; and
3. Rep. Act 9072, National Caves and Cave Resources
Management Act
Third Category
1. PD 979 Marine Pollution Decree
2. PD 1586 Establishing an Environmental Impact
3.
4.
5.
6.
Statement System
Rep. Act 8749 Clean Air Act
RA 9275 Clean Water Act
RA 9003 Ecological Solid Waste Management Act
RA 6969 Toxic Substances and Hazardous Waste
Act
Supplemental Laws
Apart from the general environmental laws, the Civil Code
provisions on the abuse of rights, abatement of nuisance,
easements and torts may also be used in claiming damages.
1. Chapter Two on Human Relations - the Civil Code
provisions on human relations seek to protect the rights
and dignity of every person. It lays down the general basis
for recovery of damages when there is bad faith or malice or
if the injury is inflicted upon a party, whether intentional
or not, in ordinary contractual relationships between
persons. In the absence of specific environmental laws to
support claim for damages, the provisions on human
relations can act as a supplement and serve as a legal basis.
This covers Articles 19 to 28 of the Civil Code.
Environmental Laws covered by
the Rules of Procedure
Supreme Court Adm. Matter No. 09-6-8- SC dated April 13,
2010 lays down the Rules of Procedure for Environmental
Cases.
Section 2 on the SCOPE thereof gives an enumeration of
laws, some 25 laws covered by the Rules. The enumeration
however is not exhaustive because of the phrase “such as
but not limited to the following” used in the Rules.
The Rules govern the uniform procedure in civil, criminal
and special civil actions before the RTC, MTC, MTCC and
MCTC involving enforcement or violations of
environmental and other related laws, rules and
regulations.
Abatement of Nuisance
Nuisance is defined as an “unreasonable activity or condition on
the defendant’s land which substantially or unreasonably
interferes with the plaintiff’s use and enjoyment of his property.
The provisions on nuisance may be used by plaintiffs to recover
damages for environmental harm in the absence of or in addition
to the applicable provisions in our environmental laws.
The application of the Civil Code provisions on the abatement of
nuisance does not require a physical invasion of property.
Among the typical nuisance-causing agents are noise, dust,
smoke, odors, airborne or water-borne contaminants, and
vermin and insects.
It is said that plaintiffs may recover damages for injury caused by
noise, dust, hazardous particles released by incinerators or oil
refineries or those arising from groundwater contamination.
(Powell, Law and the Environment, 1998).
Classes of nuisance
PRIVATE and PUBLIC
Private Nuisance stems from interference on an individual’s rights.
Public nuisance stems from violations of public rights and causes
pervasive and widespread harm.
The Civil Code provisions on nuisance are found in Articles 694 to 707
of Title VIII.
Sec. 4 of Rule III of the Rules of Procedure of the PAB on jurisdiction
and authority provides:
Abatement of Nuisance – Except where such would constitute a
pollution case, LGU shall have the power to abate a nuisance within
their respective areas pursuant to the Civil Code, Local Government
Code and the Code on Sanitation of the Philippines.
Public Nuisance –
LGU
Private Nuisance Courts
Pollution
PAB
Easements
Easement is defined as an “encumbrance imposed
upon an immovable for the benefit of another
immovable belonging to a different owner. In terms of
use, an easement may either be continuous or
discontinuous; and by its creation, an easement is
established either by law (legal easement) or by the
will of the parties (voluntary easement). Easements
are in the nature of encumbrance on the servient
estate or the estate on which the easement is made,
thus constituting a limitation on the dominical right of
the owner of the subjected property. They can be
acquired only by title and by prescription.
Civil Code Provisions on Easements
The Civil Code provisions on easements may serve as legal
basis for the recovery of environmental damages when flow
of water, right of way, light and view, and drainage are
disrupted. The general provisions on easements are found
in Articles 634 to 636.
Easements relating to water – Art. 637 to 648
Easements on right of way - Art. 649 to 652
Easement on light and view - Art. 667 to 673
Easement on drainage of bldgs - Art. 674 to 676
Provisions on intermediate
- Art. 677 to 681
distances and works for
certain constructions/plantings
Torts/Quasi-delict
Where the act complained of does not fall under a specific
violation of Environmental Law and there is evidence of
recklessness or negligence resulting in harm to the environment,
the Civil Code provisions on quasi-delict may apply. There is
negligence when a person’s act lacks the diligence required by
the nature of the obligation. Recklessness is conduct by a
defendant which demonstrates a conscious disregard for a
known risk of probable harm to others. Under the rules on
quasi-delict, the basic legal duty is to act with reasonable care. A
party may be held liable for activities which result in harm to
others even though he did not act intentionally in causing the
harm.
In environmental litigation, negligence is one of the arguments
raised by those who environmental rights are violated. The Civil
Code provisions on quasi-delicts are found in Art. 2176 to 2194.
Environmental Law Cases in the
Philippines
The Supreme Court has decided landmark environmental cases
which have been internationally hailed as groundbreaking.
These cases have put the country on the world map with respect
to innovative judicial thinking on environmental protection.
These cases demonstrate that Philippine courts are disposed to
rule in favor of protecting the environment.
1. Oposa vs. Factoran promulgated by the SC in 1993. The SC in
this case while recognizing the injury aspect of legal standing
(no injury no suit), has given the doctrine a more liberal
interpretation. The Court allowed parents to file suit on behalf
of “their children and generations yet unborn.” The Court ruled
that minors could, for themselves and for others of their
generation and for the succeeding generations yet unborn, file a
class suit.
The personality of the minors to sue on behalf of the
succeeding generations is based on the concept of
intergenerational responsibility insofar as the right to a
balanced and healthful ecology is concerned. This right
carries with it the obligation to preserve for future
generations.
The class suit filed by the minors represented and joined by
their parents aimed to stop deforestation. They asserted
that the permits granted by the Secretary of DENR to TLA
holders to cut trees in the country’s remaining forests was
violative of their constitutional right to a balanced and
healthful ecology. They prayed that the Secretary be
ordered to cancel all existing TLAs and to desist from
granting and renewing the existing ones.
MMDA vs. Concerned residents of
Manila Bay 574 SCRA 661
In 1999, the concerned residents of Manila Bay filed a
complaint against several government agencies for the
cleanup, rehabilitation and protection of the Bay. They
alleged that the continued neglect by these agencies of
their legal duty to abate the pollution in the Bay
constituted a violation of several laws including the
Environment Code, Pollution Control Law and the Water
Code among others. Proof was presented that the waters of
the Bay were unsafe for bathing and other recreational
activities. They prayed that these government agencies be
ordered to cleanup Manila Bay and submit a concrete plan
of action for the purpose.
Ruling
The RTC, CA and Sc unanimously ordered the government
agencies to coordinate for the cleanup of the Bay and its
restoration to its healthy state. The SC held that, under
numerous laws, the cleanup of the Bay is the ministerial
duty of the concerned agencies and they have no discretion
to do otherwise.
Of particular interest in this case was the issuance by the SC
of an order of continuing mandamus – the first ever in the
country. This order compelled the agencies to perform their
respective tasks for the cleanup and it continues
indefinitely. The SC likewise required the formation of an
advisory committee to ensure compliance with the order.
Resident marine mammals of
Tanon Strait Protected Seascape vs.
Reyes GR 180771 ( still pending)
Petitioners named were the resident marine mammals of
the protected seascape Tanon Strait located between the
islands of Negros and Cebu. They are the “toothed whales,
dolphins, porpoises and other cetacean species (marine
mammals which have a very large head, a tapering body
like a fish and nearly devoid of hair, a large brain and a
complex stomach). Thru their “human representatives”
these mammals filed a case for certiorari, mandamus and
injunction to enjoin the DOE et al. From implementing a
service contract involving the EDU of petroleum resources
in and around the Strait. Among the activities allowed in
2005 were the conduct of a seismic survey and oil drilling.
Marine Mammals
Petitioners claim that the marine mammals possess legal
standing to sue since they have sustained and will sustain direct
injury by reason of the oil exploration and resulting pollution in
the habitat. They claim that the effect of underwater noise to the
mammals is fatal. They also maintain that the service contract
violates the Constitution, the NIPAS Act and the Wildlife Con
and Pro Act.
Respondents, claim that marine mammals which are neither
natural nor juridical persons, cannot be parties in a civil action
and that contrary to the allegations, the service contract is
allowed under Sec. 2 Art. XII of the Consitution.
Meantime private respondent Japan Petroleum Exploration Inc.
Had announced its withdrawal from the project.
Mosquedo vs. Pilipino Banana
Growers and Exporters Assn Inc.
GR 189185 ( still pending)
The case involves the ban on aerial spraying of pesticides
on banana plantations in Davao City. In 2007 the
Sangguniang Panlungsod of Davao enacted an ordinance
banning aerial spraying as an agricultural practice in the
City. This prompted the PBGE Assn to file a petition
assailing the constitutionality of the ordinance. The City of
Davao was impleaded as lone respondent but Mosquedo et
al., residents of Davao City where aerial spraying had been
conducted, intervened invoking their right to a healthful
and balanced ecology. Then RTC ruled that the ordinance
was valid and constitutional but the CA reversed.
Mosquedo et al. Elevated the case to the SC.
Role of Community
The community plays a vital role in the promotion of
Environmental Justice as one of the pillars of the justice
system. It includes the citizens, corps, NGOs. LGUs and
GAs which do not form part of the traditional pillars of the
justice system. It is important to discuss their respective
roles, rights and responsibilities because the disadvantaged
groups of the community are the ones primarily affected by
the effects of environmental degradation.
The processes that may be undertaken by the members of
this pillar are CITIZEN’s suits, environmental impact
assessments and alternative dispute resolution (ADR).
Stakeholders
1. CITIZENS
A citizen is a person who, by either birth or naturalization, is a
member of a political community, owing allegiance to the
community and being entitled to enjoy all its rights and
protection. Article IV, Section 1 of the Constitution provides
who the citizens of the Philippines are.
a. Those who are citizens of the country at the time of the
adoption of the 1987 Constitution
b. Those whose father or mothers are citizens of this country
c. Those who were born before Jan 17, 1973, of Filipino mothers,
and who elect Philippine citizenship upon reaching the age of
majority; and
d. Those who are naturalized according to law
Role of a Citizen
Citizens are the stewards of the environment and there is an inherent
obligation in every citizen to preserve and care for the environment.
This obligation lies primarily with them because they are the ones who
would greatly benefit from the utilization of the country’s resources.
Citizens are expected to participate and cooperate in the development
and implementation of environmental laws.
EX. Fisheries Code which provides that the private sector should
coordinate with LGUs, FARMS and other concerned agencies for the
establishment of a monitoring, control and surveillance system to
ensure that the fisheries and aquatic resources are wisely utilized and
managed on a sustainable basis, for the exclusive benefit and
enjoyment of Filipino citizens.
The National Cave /Caves Resources Management and Protection Act
requires the scientific community and the academe to assess the
archaeological, cultural ,ecological, historical and scientific value of
potentially significant caves.
Rights of a Citizen
In promoting access to justice in the field of environmental
law, the ff are the rights of citizens stated in the
Constitution and SC decisions:
1. RIGHT to the ENVIRONMENT – refers to the right to a
balanced and healthful ecology in accord with the rhythm
and harmony of nature. Hence, citizens enjoy the right to
have the environment preserved, protected and advanced.
(Oposa case)
2. RIGHT to HEALTH - refers to the provision in the
Constitution saying “the State shall protect and promote
the right to health of the people and instill health
consciousness among them.
Right to Information
3. Right to Information – refers to the Constitutional
provision saying “ the State shall recognize the right of the
people to information on matters of public concern and
this includes access to official records and documents
pertaining to official acts, transaction or decision, subject
to limitations prescribed by law.
Government agencies cannot exercise discretion in refusing
disclosure of, or access to, information of public concern,
but can impose though reasonable regulations on the
manner by which the Right to Information may be
exercised. This authority to regulate does not mean that
government agencies have the power to prohibit.
Read: Legaspi vs. CSC 150 SCRA 538
Right to represent future
generations
4. Right to Represent Future Generations
(Intergenerational Responsibility) - this right is
anchored on the right of everyone, including future
generations, to a balanced and healthful ecology as
enunciated in the Oposa case. This principle was used
to give legal standing to minors who “represent their
generation as well as generations yet unborn.”
As now provided in the Rule of Procedure on
environmental cases, citizens have the legal standing
to file actions against the government and other
persons for violations of environmental laws.
Other Rights according to Law
CHAIN SAW ACT of 2000 – citizens are entitled to an
informant’s reward. A reward is given to any person
who voluntarily gives information leading to the
recovery or confiscation of an unregistered chain saw
and the conviction of such persons charged with the
possession thereof. The reward is equivalent to 20%
of the value of the chain saw unit/s. Since the law used
the word “any person”, the informer’s reward is not
limited to Filipino citizens.
Revised Forestry Code (PD 705)
Also provides informer’s reward equivalent to 20% of the
proceeds of the confiscated forest products. (Sec. 77-B)
Corollary to the rights, citizens as stewards of the
environment have the duty to protect and refrain from
impairing it.
Citizens may be deputized by the proper government
agencies to enforce environmental laws. The DENR Head
may deputize any qualified person to protect the forest and
to conduct citizen’s arrest. When effecting arrests for
violation of environmental laws, citizens are also afforded
the presumption of regularity in the performance of their
functions.
Private Corporations and
Enterprises as stakeholders
Private enterprises and corporations also take part in
promoting Environmental Justice. While corporations are
essentially a business medium whose primary purpose is to
generate income, they have the duty to take into
consideration the effects of their activities on the
environment. The 2007 Code of Corporate Governance
Score Card provides an item that gauges the corporation’s
activities towards environmental protection.
The Ecological Solid Waste Management Act of 2000 also
provides that private organizations and entities are entitled
to rewards, monetary or otherwise, for undertaking
“outstanding and innovative projects, technologies,
processes and techniques or activities in reuse, recycling
and reduction. ( Sec. 45).
Rights and Duties of Private
Enterprises and Corporations
Although these entities are composed of natural
persons, their rights and duties are not the same as
citizens because a corporation has a separate juridical
personality. Hence, a corporation cannot file a case
asserting the right to a balanced and healthful ecology
in representation of the natural persons comprising
the corporation. While the corporation’s primary
purpose is to profit from its undertakings or ventures,
it also has a corollary duty to ensure compliance with
environmental laws and to comply with the
Environmental Impact Statement (EIS) process.
Non-Government Organizations
and People’s Organizations
NGOs are private, non-profit voluntary organizations
that are committed to the task of socio-economic
development and established primarily for service.
Our discussion will be limited to environmental
NGOs.
POs are bona fide associations of citizens with
demonstrated capacity to promote the public interest
and with identifiable leadership, membership and
structure. The members of Pos are part of a sector
who group themselves voluntarily to work for their
own upliftment, development and greater good.
Roles of NGOs and POs
Have the same roles as citizens. They have strong roles
in preserving and protecting the environment since
they take concrete action against environmental
violations. Aside from pursuing environmental rights,
they also participate in the development and
implementation of environmental laws.
Toxic Substances and Hazardous and Nuclear Wastes
Control Act of 1990 in Sec. 7 provides that a
representative from a NGO on health and safety shall
be appointed by the President to become a member of
the Inter-Agency Technical Advisory Council. ((Sec. 7)
The Fisheries Code requires FARMCs to include NGOs as
members. (Sec. 69)
The Solid Waste Management Act also engages the
participation of NGOs by requiring a representative from
an NGO, which has the principal purpose of promoting
recycling and ensuring air and water quality, to be part of
the National Solid Waste Management Commission.
(Sec. 4 )
The Clean Air Act requires NGOs and Pos to participate
and coordinate with the DENR for the purpose of
determining whether or not to revise the designation of
non-attainment areas and/or to expand its coverage. (Sec.
10)
Rights and Duties of NGOs and POs
Basically the same as those of citizens except with
respect to the right to file citizen suits. Their right to
file an action before the courts against environmental
violations stems from their juridical personality, which
gives them the attributes of an individual including
the right to sue and be sued, provided that they are
duly registered with the SEC. In relation to these
rights, they have the duty to represent the voiceless in
the community in which they are based.
Government Agencies
DENR
The lead agency tasked with the implementation of
environmental laws. It consists of the Department
Proper, Staff Offices, Staff and Line Bureaus and the
regional/provincial community offices. The
Department Proper includes the Office of the
Secretary, Offices of the Undersecretaries, Offices of
the Asst. Secretaries, Public Affairs Office, Special
Concerns Office and the Pollution Adjudication Board
(PAB).
What is the PAB?
The Board is under the Office of the Secretary, DENR. The
Board shall be composed of the Secretary as Chairman, 2
Undersecretaries as may be designated by the Secretary,
the Director of the EMB, and 3 others to be designated by
the Secretary as members.
The Board shall have sole and exclusive jurisdiction over all
cases of pollution and all matters related thereto, including
the imposition of administrative sanctions, except as may
be provided by law.
The Environmental Management Bureau shall serve as the
Secretariat of the Board. These powers and functions may
be delegated to the regional offices of the Department in
accordance with rules and regulations to be promulgated
by the Board.
Powers and functions of PAB
1. Issue orders or decisions to compel compliance with the
provisions of the Clean Air Act and Clean Water Act after
proper notice and hearing
2. Issue cease and desist orders requiring the
discontinuance of pollution specifying the conditions and
the time within which such discontinuance must be
accomplished;
3. Issue, renew or deny permits, under such conditions as
it may determine to be reasonable for the prevention and
abatement of pollution
4. To issue such writs as may be necessary for the
enforcement and execution of such orders, resolutions or
decisions.
Staff bureaus of DENR
FOREST Management Bureau – support the effective protection,
development, occupancy management, and conservation of
forest lands and watersheds.
LAND Management Bureau – administer, survey, manage and
dispose A&D lands and other government lands not placed
under the jurisdiction of other government agencies.
ECOSYSTEMS Research & Development Bureau – principal
research and development unit of the DENR
PROTECTED Areas and Wildlife Bureau – establish and manage
protected areas, conserve wildlife, promote and institutionalize
ecotourism, manage coastal biodiversity and wetlands
ecosystems, conserve caves and cave resources, and inform and
educate on biodiversity and nature conservation.
Line Bureaus
A line bureau operates as a sub-organization in the
department with direct line of command, usually with its
own representative offices, down to the regional/field
offices of the department, performing regulatory functions.
ENVIRONMENTAL Management Bureau (staff bureau
converted to line bureau pursuant to the Clean Air Act) in charge of air , water and toxic and hazardous chemicals
management, environmental impact assessment system
implementation, solid waste management and secretariat
assistance to the PAB, and environmental compliance and
organizational performance.
MINES and Geosciences Bureau (staff bureau converted to
line bureau pursuant to the Mining Act of 1995) –
administer and dispose minerals and mineral lands
Other Government Agencies
1. Department of AGRICULTURE - to promulgate and enforce
all laws, rules and regulations governing the conservation and
proper utilization of agricultural resources, and to provide
integrated services to farmers and fishermen and other food
producers on the production, utilization conservation and
disposition of agricultural and fishery resources.
BFAR – is tasked with the preparation and implementation of
a Comprehensive National Fisheries Industry Development Plan,
the issuance of licenses for the operation of commercial fishing
vessels, and the issuance of identification cards to fishworkers
engaged in commercial fishing.
Bureau of Plant Industry – in charge of implementing and
enforcing the provisions of the Plant Quarantine Decree of 1978.
2. Department of HEALTH – responsible for the
promulgation, revision and enforcement of drinking
water quality standards. The Secretary of Health as a
member of the Inter-Agency Technical Advisory
Council, shall also assist in the promulgation of rules
and regulations for the enforcement and
implementation of the Toxic Substances and
Hazardous and Nuclear Wastes Control Act.
3. LTO – tasked under the Clean Air Act to ensure that
all motor vehicles and engines should first comply
with the emission standards set in the Act.
Philippine Ports Authority
Has over-all supervision over the port facilities of the
large foreign petroleum companies in matters
pertaining to safety, pollution and conservation in the
harbors, and regulatory and supervisory powers over
the marine aspect of the administration and operation
of port zones such as the Bataan Export Processing
Zone and free ports.
Other Government Agencies
1. DOTC – lead agency tasked with the implementation of the
Oil Pollution Compensation Act of 2007
2. DEPED – to implement objectives of the Climate Change Act
which provides that the Deped should integrate climate change
principles and concepts into the primary and secondary
education subjects.
3. DILG – the Climate Change Act mandates the DILG to
facilitate the development of a training program dealing with
climate change for LGUs.
4. DFA – tasked with the duty to review international
agreements related to climate change and to make
recommendations to the government for its ratification or
compliance.
5. PIA – is charged with information dissemination on climate
change matters.
Environmental Entities Created by
Law
1. FARMCs – created to institutionalize the major role
of the local fisherfolks and other resource users in the
community-based planning and implementation of
policies and programs for the management,
conservation, development and protection of fisheries
and aquatic resources of the municipal waters.
There are FARMCs established on the national level
and in all municipalities and cities abutting municipal
waters. LGUs can also create FARMCs on the barangay
level. Lake-wide FARMCS can also be established.
Other Entities
2. Inter-Agency Technical Advisory Council – created
under the Toxic Substances Act of 1990 and is attached to
the DENR. It assists the DENR in the formulation of rules
and regulations for the implementation of the said law.
3. LLDA – was created pursuant to the LLDA Act (RA
4850) and is an attached agency of the DENR. The lead
agency tasked to regulate and monitor activities within and
affecting the Laguna Lake region. It has the power to
approve/disapprove all plans, programs and projects within
the region and is empowered to institute the necessary
legal proceedings in the event that the person/entity
continues with the project without clearance from the
authority. It has exclusive jurisdiction to issue permits.
Read: LLDA vs. CA 231 SCRA 292
4. NATIONAL MUSEUM – created under RA 8492 (National
Museum Act of 1998). Its functions are to supervise restoration,
preservation, reconstruction, demolition, alteration, relocation
and remodeling of immovable properties and archaeological
landmarks and sites, and to maintain, preserve, interpret and
exhibit to the public the artifacts in sites of Paleolithic habitation
site of the possible earliest man to the Philippines, the Neolithic
habitation of the ancient Filipino at the Tabon Caves, and other
important archaeological sites. It is authorized to deputize the
PNP and the AFP with respect to the protection of newly
discovered sites from illegal exploitation, reporting of discovery
of archaeological sites; and preservation of important
archaeological sites in danger of destruction.
5. NATIONAL SOLID WASTE MANAGEMENT
COMMISSION – under the Office of the President. It
is tasked to oversee the implementation of plans and
policies aimed to achieve the objectives of the
Ecological Solid Waste Management Act. It is tasked to
prepare a national solid waste management
framework. It shall approve local swm plans and
review the implementation thereof. In exercising its
duties, it is mandated to coordinate with the LGUs.
The EMB provides secretariat support to the
Commission.
6. NATIONAL WATER RESOURCES BOARD - is under the
administrative supervision of the DENR as an attached
agency. It is tasked with the control and regulation of the
utilization, exploitation, development, conservation and
protection of water resources. The lead agency in the water
sector, the responsibilities of which include the
formulation of policies, programs and standards,
management and regulation of water-related activities and
the regulation and monitoring of water utilities. It also has
the authority to regulate the water tariffs of water districts.
It also has policy-making, regulatory and quasi-judicial
functions.
7. Palawan Council for Sustainable Development –
under the Office of the President, created under the
Strategic Environmental Plan for Palawan Act. It
formulates plans and policies and coordinates with
other government agencies in carrying out the
provisions of the Act. It may call on any department,
bureau or officer to assist in its functions, enforce the
provisions of the Act and perform such other functions
as may be necessary.
8. Pasig River Rehabilitation Commission – was created to
rehabilitate the Pasig River to its historically pristine
condition conducive to transport, recreation and tourism.
Its functions are the drawing up of an updated and
integrated Master Plan on the Rehabilitation of the Pasig
River taking into account its potential for transportation,
recreation and tourism, abating the dumping of untreated
industrial wastewater and sewerage into the river including
all acts and omissions in violation of pollution laws and
other related laws and relocating settlers, squatters and
other unauthorized or unlawful occupants along its banks.
9. Philippine Coconut Authority – is the lead agency in
implementing the Coconut Preservation Act of 1995. It
is in charge of formulating a general program for the
development of the coconut and palm oil industry.
10. Tubbataha Protected Area Management Board is
tasked with the management and administration of
the Tubbataha Reefs Natural Park (TRNP). It is also
the sole policy-making and permit-granting body of
the TRNP.
Role of LGUs
Is to aid the national government in enforcing
environmental laws. Various environmental laws
engage the participation of the LGUs or even task the
LGUs with the primary responsibility for their
implementation and enforcement.
Relevant CONSTITUTIONAL Provisions
Article 2, section 25
Article 10, secs. 1, 2, 4, 5, 7, 11, 13, 15, 16, and 20
Environment-related Provisions of
the Local Government Code)
Section 3 par (d), (i) and (l)
Section 16
Section 17 par (a), (b), and (g)
Section 18
Section 20 par (a) and (c)
Section 26
Section 27
Section 35
Section 36
Section 131 par (p), (r) and (l)
Section 149 par (a), (b) 1, 2 and 3
Forestry Code
In forest management, some DENR functions have
been devolved to the LGUs. The provinces and
municipalities now have the power to enforce forestry
laws, rules and regulations in community based
forestry project areas, community watersheds and
communal forests. Although there is no forest
management function assigned to barangays, they may
be designated or deputized by the DENR upon prior
consultation with the local chief executives.
Fisheries Code
The Fisheries Code vests upon municipal and city
governments jurisdiction over municipal waters.
Accordingly, the LGU has the duty to enforce all fishery
laws within its jurisdiction.
The Code also contains provisions requiring the
participation of LGUs such as the granting of demarcated
fishery rights, the prohibition or limitation of fishery
activities and the registration of fish hatcheries, fish
breeding facilities and private fishponds. Law enforcement
officers of LGUs are also authorized to enforce the Code
and other fishery laws, rules and regulations.
Local Government Code
LGUs may promulgate ordinances geared towards environmental
management and protection. The power of LGUs to promulgate
these ordinances is based on their police power.
In Tano vs. Socrates, 272 SCRA 154, the SC upheld the
constitutionality of an ordinance banning shipments of live fish
lobster outside Puerto Princesa and the protection of marine
coral dwelling saying that LGUs are directed by the LGC to enact
ordinances for the general welfare of the municipality and its
inhabitants, which shall include ordinances that protect the
environment and impose appropriate penalties for acts which
endanger the environment such as dynamite fishing and other
forms of destructive fishing. . . And such other activities which
result in pollution, acceleration of eutrophication of rivers and
lakes or of ecological imbalance.
Other laws
LGUs have the primary responsibility to implement and
enforce the provisions of the Ecological Solid Waste
Management Act ( Section 10).
In relation to the Philippine Environmental Impact
Assessment Statement System (PEISS) created under PD
1586, LGUs are given greater participation particularly with
environmentally critical projects. The local environment
and planning officers are invited as Resource Persons of the
EIARC who will participate in deciding whether to issue an
ECC.
Aspects of social acceptability in a proposed project other
than environmental aspects also fall within the jurisdiction
of the LGUs.
LGUs and Enforcement of
Environmental Laws
Since LGUs are tasked to aid the national government in
enforcing environmental laws, when LGUs fail to perform
this duty, can they be prosecuted for non-enforcement of
environmental laws?
As a general rule, the State cannot be sued without its
consent, except when it gives an express or implied consent
to be sued. The charter of LGUs provides that they can sue
and be sued and this serves as their general consent. An
LGU cannot be made liable for the torts of its officers in
their performance of governmental functions except in
those instances where the law expressly makes them so
liable example: Citizen suits under the Clean Air Act and
the Solid Waste Management Act.
RA 10174
People’s Survival Fund (PSF)
Is a law that amended the Climate Change Act of 2009
by establishing the country’s first legislated climate
change funding mechanism. The fund is dedicated to
supporting climate change adaptation and resiliencebuilding programs of LOCAL GOVERNMENTS and
communities.
Enacted in August 2012, the law stipulates the
allocation and maintenance of no less than P1B for the
Fund annually, appropriated through the General
Appropriations Act.
Philippine Environmental Impact
Statement System (PEISS)
Stakeholder participation in the field of environmental
management and protection is best displayed in the
objectives for establishing the System. The main
objective of the PEISS is to require every project
proponent to take the environment into consideration
in the implementation of its project in order to
provide adequate protection to the environment or at
least minimize the project’s potential negative
impacts.
Background of the PEISS
PD 1151 was passed in 1979 which declared the Government’s
recognition of the RIGHT OF THE PEOPLE TO A HEALTHY
ENVIRONMENT. In furtherance of this policy the law required all
agencies and instrumentalities of the national government, including
GOCC, as well as private corporation, firms, entities, to prepare, file
and include an Environmental Impact Statement (EIS) in every action,
project or undertaking which significantly affects the quality of the
environment. The EIS contains the environmental impact of the
proposed action, project or undertaking, its potential adverse
environmental effect and alternatives to the proposed activity.
Thereafter, PD 1586 was promulgated to give more teeth to this
requirement. PD 1586 established the EIS System, which provided a
systems-oriented and integrated approach to the filing of the EIS in
coordination with the whole environmental protection program of the
State. The system was eventually called the PEISS, which was derived
from the EIAS of the US.
EO 291 S. 1996 – Improving the
Environmental Impact Statement S
It is declared a policy of the State that optimum economic
development shall be achieved without delay and shall be
pursued consistent with the principles of SUSTAINABLE
DEVELOPMENT. Hence, the State shall ensure that the
present generation meets its needs without compromising
the ability of the future generations to meet their own
needs.
Project proponents are directed to simultaneously conduct
the environmental impact study and the feasibility study of
the proposed project. Proponents are urged to use
simultaneous conduct as a planning tool, with the end in
view of minimizing or managing adverse environmental
impacts of the proposed activity.
Requirement of Establishment of
In-House Environmental Units
National Government agencies, GOCCs, GFIs are
encouraged to create their respective environmental (EUs).
However, all agencies, whose mandate includes the
introduction of physical plants and infrastructure are
required to create their respective EUs.
The EUs of national government agencies, and GOCCs
shall assist in the preparation of EIS, ensure that their
respective agencies/GOCCs meet the procedural
requirements of the EIS System, facilitate the securing of
the ECCs of their respective projects and upon securing the
ECC, shall ensure the project’s compliance with the
conditions of the ECC.
DENR’s mandate to implement
the System
EO 291 seeks to further strengthen the Environmental
Management Bureau’s and the DENR Regional Office’s
capabilities to effectively and efficiently accomplish
their mandate in relation to the protection of the
environment, in general and the EIS System, in
particular.
Thus, the DENR and the EMB are tasked to monitor
compliance with the ECC, and be in-charge of the
formulation, dissemination and enforcement of
policies on environmental standards and compliance
monitoring.
What is the Environmental Impact
Assessment(EIA) Process?
The PEISS consists of the EIA process which is defined
as a “process of identifying and predicting the
potential environmental impacts (including biophysical, socio-economic and cultural) of proposed
actions, policies, programs and projects and
communicating this information to decision-makers
before they make decisions on the proposed actions.
The EIA process is a proponent-driven process
wherein the Proponent applies for an ECC by
submitting an Environmental Impact Statement.
Definition of EIA
It is a process that involves predicting and evaluating the
likely impacts of a project (including cumulative impacts)
on the environment during construction, commissioning,
operation and abandonment. It also includes designing
appropriate preventive, mitigating and enhancement
measures addressing these consequences to protect the
environment and the community’s welfare.
It is used to enhance planning and guide decision-making.
It is primarily required to integrate environmental concerns
in the planning process of projects at the feasibility stage.
EIA Process and the Project Cycle
The project cycle consists of the ff stages:
1. Pre-feasibility
2. Feasibility
3. Detailed Engineering and Design
4. Project Construction and Development
5. Operation and Maintenance
6. Project Conceptualization/Improvement
The process is designed to coincide with the project cycle at
every state beginning from pre-feasibility to project
conceptualization. The environmental impacts of the project
shall be determined and recommendations and guidance will be
provided at various stages of the project cycle.
Environmental Compliance
Certificate
Is a document issued by the DENR-EMB after a positive review of
an ECC application, certifying that the proponent has complied
with all the requirements of the EIS System and has committed
to implement its approved Environmental Management Plan.
It contains a summary of the information on the type, size and
location of the project, environmental impacts, the mitigating
measures and environmental management plan for the various
government agencies to consider in their decision-making
process.
This document is one of the requirements a Proponent must
obtain before it can begin or continue a project. Without the
ECC, the Proponent would not be able to acquire the necessary
approval from other government agencies and LGUs, thereby
effectively preventing it from proceeding with its project.
Difference of EIA and EIS
The Environmental Impact Statement is a document, while
the Environmental Impact Assessment is a process.
The EIS must be filed by a Proponent in order to obtain an
ECC. It is part of the EIA process.
Only projects covered by the EIA process are required to
obtain an ECC. Projects which are not covered have to
obtain a Certificate of Non- Coverage (CNC), instead of an
ECC. These projects can apply for a CNC by completing
and submitting a CNC application form to the DENR-EMB.
Read: Republic vs. City of Davao 388 SCRA 691
Boracay Foundation Inc. V Province of Aklan etc.
GR 196870 June 26, 2012
Pre-feasibility Stage
The most crucial stage in the EIA process is in this stage.
Malacanang Adm. Order No. 42 directs Project Proponents
to simultaneously conduct the environmental impact
study, required by the ECC application, and the feasibility
study of the proposed project.
The reason for this is that “ it is during the feasibility study
when a proponent defines its range of actions and
considers the project alternatives, thus, it is the most ideal
stage in the project cycle wherein the EIA study will have
its most added value.” (Revised Procedural Manual for
DAO No. 03-30).
EIA Process and the Enforcement
of other Environmental Laws
The EIA Process is only part of the country’s
environmental protection program. It supplements
and complements other existing environmental laws
by filling the gaps in certain environmental laws that
lack precise definitions. It is thus, a support system to
the enforcement of other Environmental laws.
By way of illustration, “the planting of greenbelts is
not a requirement under any environmental law but is
included in the ECC as a contractual obligation and
commitment of the project Proponent to the DENR.
EIA Process and other Agencies’
Requirements
It is inherent in the EIA process to undertake a
comprehensive and integrated approach in the review and
evaluation of environment-related concerns of Gas, LGUs
and the general public.
The findings in the EIA study will provide agencies with
guidance and recommendations which can prove useful in
evaluating the Proponent’s project. Therefore, the
issuance of the ECC comes ahead of the issuance of permits
by other pertinent government agencies. For this reason,
no permit or clearance issued by any other government
agency is required in processing ECC and CNC
applications.
Inter Agency Agreements
An inter-agency MOA on EIS Streamlining was entered in 1992 by 29
Gas wherein ECC of covered projects was agreed to be a pre-requisite of
all other subsequent government approvals.
DENR Memo Circular 2007-08 issued July 13,2007 reiterates the intent
of the MOA and reinforces the role of the ECC/CNC as a guidance
document to other Gas and LGUs such that:
1. The findings and recommendations of the EIA shall be transmitted
to relevant GAs for them to integrate in their decision making prior to
the issuance of clearances, permits and licenses under their mandates.
The final decision however, whether a project will be implemented or
not lies either with the LGUs who have spatial jurisdiction over the
project or with the lead GA who has sectoral mandate to promote
the government program where the project belongs, e.g. DOE for
energy projects, DENR-MGB for mining projects.
2. The issuance of an ECC or CNC for a project under
the EIS System does not exempt the proponent from
securing other government permits and clearances as
required by other laws.
3. Permits, licenses and clearances are inclusive of
other national and local government approvals such as
endorsements, resolutions, certifications, plans and
programs, which have to be cleared/approved or other
government documents required within the respective
mandates and jurisdiction of these agencies/LGUs.
4. Issues outside the DENR-EMB purview shall be
considered and evaluated within the EIA review process
but resolution shall be within the responsibility of the GA
or the LGU. For ex. Social acceptability within the EIA
process is limited to its environmental aspects, like EMB
can advice on magnitude of direct and indirect impacts,
extent of impact areas and nature of environmental
management measures needed to be considered in land
use rezoning, or in issuance of LGU endorsement or to
assuage the people’s fears and concerns on environmental
pollution, health and safety. Other aspects of social
acceptability shall be recognized by the DENR-EMB as
falling entirely within the LGU’s or respective GA’s
jurisdiction and authority.
Scope of the EIA Process
(Covered Projects)
Applies to projects which have been originally declared as
Environmentally Critical Projects (ECPs) or projects in
Environmentally Critical Areas (ECAs).
In addition, the DENR is authorized by law to expand the
scope of the EIA process to include Non-Environmentally
Critical Projects (NECPs) located in ECAs which may have
significant impact on the environment. (as provided in PD
1586 section 4).
The Proponents of these projects are required to obtain an
ECC. For those outside the coverage, they must acquire a
Certificate of Non-Coverage (CNC) from the DENR-EMB.
(Revised Procedural Manual for DAO 03-30).
PD 1586
Section 4 states that the President, by proclamation,
may declare certain projects, undertakings or areas in
the country as environmentally critical. Pursuant to
this, Proclamation No. 2146 and PD 803 were issued
establishing a list of ECP types and ECA categories.
Proclamation 2146 – Proclaiming certain areas and types
of projects as environmentally critical and within the
scope of the environmental impact statement system
established under PD 1586
Coverage of the EIS System
The projects covered by the EIA process are:
1. ECPs
2. ECAs
3. projects in ECAs
4. NECPs located in ECAs
which the DENR-EMB deem to have a potential significant
negative impact on the environment. These covered
projects are categorized into five (5) groups, each group
having its own subgroup. It is important to know which
group and subgroup a project falls under in order to
determine the particular requirements a Proponent will
have to submit in applying for an ECC.
5 Groups
1 - Single Environmentally Critical Projects (ECPs) in
either Environmentally Critical Areas (ECAs)
or Non-Environmentally Critical Areas (NECAs)
2 - Single Non-Environmentally Critical Projects (NECPs)
in Environmentally Critical Areas (ECAs)
3 - Single Non-Environmentally Critical Projects (NECPs)
in Non-Environmentally Critical Areas (NECAs)
4 – Co-located projects in either Environmentally
Critical Areas (ECAs) or Non-Environmentally
Critical Areas (NECAs)
5 - Unclassified Projects
Documentary Requirements
1. ENVIRONMENTAL IMPACT STATEMENT (EIS) - is a
document prepared and submitted by the project
proponent and/or EIA consultant that serves as an
application for an ECC. It is a comprehensive study of the
significant impacts of a project on the environment. It
includes an Environmental Management Plan that the
proponent will fund and implement to protect the
environment.
2. INITIAL ENVIRONMENTAL EXAMINATION REPORT
(IEE) - is a document similar to an EIS, but with reduced
details and depth of assessment and discussion.
3. PROGRAMMATIC ENVIRONMENTAL IMPACT
STATEMENT (PEISS) - is a documentation of
comprehensive studies on environmental baseline
conditions of a contiguous area. It includes an assessment
of the carrying capacity of the area to absorb impacts from
co-located projects such as those in industrial estates or
economic zones (ecozones).
4. ENVIRONMENTAL PERFORMANCE REPORT AND
MANAGEMENT PLAN (EPRMP) - is a documentation of
the actual cumulative environmental impacts and
effectiveness of current measures for single projects that
are already operating but without ECCs.
5. PROGRAMMATIC ENVIRONMENTAL
PERFORMANCE REPORT AND MANAGEMENT PLAN
(PEPRMP) - is documentation of actual cumulative
environmental impacts of co-located projects with
proposals for expansion. The PEPRMP should describe the
effectiveness of current environmental mitigation
measures and plans for performance improvement.
It is important to know which group a project falls under in
order to determine the appropriate documentary
requirements to submit.
Procedure for ECC application
Stage 1. Screening
The EIA Procedure for ECC application has six (6)
consecutive stages:
1. SCREENING - this stage is uniform in all ECC
applications regardless of whether the project is single, colocated, new and existing, with or without ECCs, or
proposing for resumption of operation or project
expansion/modification. In this stage, it is determined
whether a project is covered or not thru the EIA Coverage
and Requirements Screening Checklist (ECRSC).
The ECRSC is a self-screening tool for the Proponent to
determine coverage under the PEISS and the corresponding
requirements to comply with the system. The checklist
serves as a Site Inspection Report Form of the EMB for
ECC/CNC application.
Stage 2. Scoping
Three (3) levels of scoping activity:
1. Project Briefing meeting with review team,
2. Public Scoping with community; and
3. Technical Scoping with review team
Before going thru the three levels, social
preparation or information, education and
communication of LGUs with jurisdiction over the
project area shall be done first. The Proponent
initiates this activity, the result of which is used as a
basis for the identification of stakeholders and issues
in preparation for Public Scoping.
After the information, education and communication of
LGUs, the Proponent shall request for public scoping with
the EMB by submitting five(5) sets of Pro-forma Letters of
Request for Scoping with an attached Pro-Forma
Description for Scoping. These letters must also include a
filled-out EIA Scoping/Procedural Screening Checklist
(SPSC).
Within 5 working days from receipt of the letter-requests,
the EMB shall form the prospective Review Team which
shall consist of an EMB Case Handler, 3rd party EIARC
members and/or Resource Persons. In coordination with
the Proponent, the EMB shall confirm the date and venue
of the Three-Level Scoping Activity.
During the 1st level, the Proponent shall present a project
overview, key issues, proposed terms of reference of the
EIA Study and the SPSC.
The 2nd level, Public Scoping, is with project stakeholders.
The community sector will raise issues which shall be
addressed in the EIA study. This level is not required for
projects requiring PEPRMP, EPRMP Report types and for
projects in national waters that are outside of the
jurisdiction of any LGU.
In the 3rd level, the SPSC presented by the Proponent
during Project Briefing shall be reviewed, finalized and
signed by the Review Team and the Proponent.
Stage 3. EIA Study and Report
Preparation
In this stage, the Proponent shall undertake an EIA
Study with the assistance of its EIA Preparer Team.
This stage is wholly within the control of the
proponent. The DENR-EMB is not allowed to take
part in the EIA Study or in the preparation of the
report.
Stage 4. EIA Report Review and
Evaluation
After conducting and preparing the EIA Study and EIA
Report, the Proponent will submit a copy of the report and
the filled-out Procedural Screening portion of the SPSC to
the EMB for screening and evaluation. Within 3 days from
receipt of the EIA Report, the Screening Officer will
validate the procedural screening done by the proponent.
If the document conforms to the rules provided, a copy of
the validated SPSC shall be given to the Proponent, who
will then be instructed to pay the filing fee, set up a Review
Fund, and thereafter show the receipt to the EMB Case
Handler for the processing of the application. Otherwise,
the SPSC shall be returned.
Number of EIA Reports required
Once the requirements have been fulfilled, the
Proponent will submit the appropriate number of EIA
Reports to the EMB Case Handler.
ECC applications requiring PEIS -
10 hard + 1CD
ECC applications requiring EIS 7 hard + 1CD
ECC applications requiring PEPRMP - 5 hard + 1CD
ECC applications requiring EPRMP - 5 hard + 1CD
Stage 5. Decision Making
Once the Proponent submits the appropriate number of
EIA Reports, the EMB-controlled review process shall
begin. A Review Team composed of the EMB Case
Handler, EIARC and Resource persons shall conduct the
substantive review of the report. The review shall consist
of a maximum of 3 meetings.
During the review, the Review Team is allowed only two
additional information requests from the Proponent. If
the Proponent fails to submit the Additional Information
within the period prescribed the Review Team, the review
process would be terminated and the EIA Report would be
automatically returned to the Proponent. The Proponent
will be given one (1) year to resubmit without having to pay
processing and other fees.
The Review Team can also conduct
SITE VISITS,
PUBLIC CONSULTATIONS, or
PUBLIC HEARINGS
depending on the Report Type required to be submitted.
Offshore projects are not covered by SV, PC/PH if there are
no residents on site, no communities deriving livelihood
from the site and project area is outside LGU jurisdiction.
Within 5 days from receipt of EIARC Report, the EMB Case
handler shall prepare and submit the Review Process
Report (RPR) /Recommendation Document to the EIAMD
Review Section or EIAM Division Chief. Afterwards, the
EMB Chief or EMB Director will endorse the
recommendation and then issue the CASE DECISION
DOCUMENT which can either be an ECC or a Letter of
Denial.
If an ECC is issued, the EIARC Chair must sign Annex B of
the ECC. This portion is mandatory because it contains the
relevant EIA Findings and Recommendations to the
Proponent on issues both within the DENR-EMB mandate
and those within the jurisdiction of other concerned
government agencies or LGUs.
The ECC shall contain the scope and limitations of the
approved activities as well as conditions to ensure
compliance with the Environmental Management Plan.
The ECC shall also specify the setting up of an
Environmental Monitoring Fund (EMF) and
Environmental Guarantee Fund (EGF). No ECC shall be
released until the proponent has settled all liabilities, fines
and other obligations with DENR.
After the issuance, the EMB will transmit the ECC to the
concerned government agencies and LGUs with a mandate
on the project for the integration of recommendations into
their decision making process.
If a letter of denial is issued, an explanation of the reason
for the disapproval of the application shall be given
together with a guidance on how the application can be
approved.
The Decision Document shall be issued directly to the
project proponent or its duly authorized representative and
receipt of the letter shall be properly documented.
The ECC of a project not implemented within 5yrs from its
date of issuance is deemed expired. The Proponent shall
have to apply for a new ECC if it intends to pursue the
project. The reckoning date of project implementation is
the date of ground breaking, based on the proponent’s
work plan as submitted to the EMB.
Approving Authority of ECC
applications (ECProjects)
DENR Secretary/EMB Director (40 working days)
- co-located applying for Programmatic ECC
- mining projects
- forestry projects
- other types
EMB Regional Director ( 20 working days)
- EIS or PEDRMP-based
- IEE or EPRMP-based
The time frame is the period within which the EMB shall issue the
decision on the application. The period begins once the application
documents and the payment of the required processing and review
fees are received by EMB.
Legal Basis for requirement of ECC
Sec. 4 of PD 1586 states:
No person, partnership or corporation shall
undertake or operate any such declared
environmentally critical project or area without first
securing an Environmental Compliance Certificate
issued by the PRESIDENT or his DULY
AUTHORIZED REPRESENTATIVE.
DENR having the mandate, the DENR Secretary and
EMB Officers are authorized to issue the ECC and
monitor compliance thereto.
Stage 6 – Monitoring, Validation
and Evaluation/Audit
Although this stage is not part of the issuing process of the ECC, it still
forms part of the stages of the EIA process and is applicable to all types
of ECC applications because it is concerned with the ff:
a. Project compliance with the conditions set in the
ECC
b. Project compliance with the Environmental
Management Plan (EMP)
c. Effectiveness of environmental measures on
prevention or mitigation of actual project impacts
vis-a-vis the predicted impacts used as basis for the
EMP design and
d. Continual updating of the EMP for sustained responsiveness
to project operations and project impacts.
Roles and Responsibilities of
Monitoring
Proponents issued ECCs are primarily responsible for
monitoring their projects.
Multi-partite Monitoring Teams (MMTs) are organized to
encourage public participation, to promote greater
stakeholder vigilance and to provide appropriate check and
balance mechanisms in the monitoring of project
implementation. The MMT is recommendatory to EMB.
MMTs have the primary responsibility of VALIDATION of
proponent’s environmental performance.
The EMB shall be primarily responsible for the over-all
evaluation/audit of the proponent’s monitoring and the
MMT validation.
EMF and EGF
The Environmental Monitoring Fund (EMF) is a fund
that a proponent establishes in support of the
activities of the MMT.
The Environmental Guarantee Fund (EGF) is required
to be established for all co-located or single projects
that have been determined by DENR to pose a
significant public risk or where the project requires
rehabilitation or restoration.
Monitoring of CNCs
Projects issued Certificate of Non-Coverage (CNC) are not
subject to monitoring under the EIS System. Similarly,
projects issued ECCs under the old IRRs of PD 1586 but are
now non-covered shall be relieved of their ECC
commitments upon written confirmation by the EMB
provided the Proponents do not have pending
accountabilities. Environmental monitoring of these
projects shall be under the purview of any or all of the ff
entities:
1. EMB Pollution Control Division
2. Lead Government Agency
3. other Government Agencies
4. LGUs
Appeal Procedures
An appeal can be made for any of the ff decisions:
1. Issuance or non-issuance of the ECC
2. Ask for penalty reduction
3. Reconsideration of the order to cease and desist
operation
WHO MAY APPEAL
The proponent or any stakeholder, including but not limited to, the
LGUs concerned and affected communities.
Level of Appeals
Any party aggrieved by the decision of the approving/issuing
authority may appeal to the next administrative level. For such
purpose, the level of appeal are as follows:
Level of Appeals
An appeal on the decisions of the Division Chief shall
be submitted to the Regional Director.
An appeal on the decisions of the Regional Director
shall be submitted to the DENR-EMB Director.
An appeal on the decisions of the EIA Division Chief
(DENR-EMB Central Office) shall be submitted to the
DENR-EMB Director.
An appeal on the decisions of the DENR-EMB Director
shall be submitted to the DENR Secretary. In any case,
the decision of the Secretary shall be immediately
executory.
Grounds for Appeal
The grounds for appeal shall be limited to GRAVE ABUSE
OF DISCRETION and SERIOUS ERRORS IN THE
FINDINGS OF FACT, which would cause grave or
irreparable injury to the aggrieved party.
Frivolous appeals shall not be countenanced.
The appeal shall be taken by filing a NOTICE of APPEAL
with the appropriate appeal authority copy furnishing the
Record Office of the DENR Office concerned and nonapplicant stakeholders (if applicable). The Notice of
Appeal may be in the form of a letter or pleading, and
should clearly state the basic terms of the Order being
appealed from, the grounds for the appeal, and the fact
that the notice is being made within the prescribed period.
Decisions of the approving/issuing authority that may be subject
to appeal include those relating to the issuance or non-issuance
of an ECC, and the imposition of fines and penalties. Resort to
courts prior to availing of this remedy (administrative appeals)
would make the appellant’s action DISMISSIBLE on the ground
of non-exhaustion of administrative remedies.
Fifteen (15) days from receipt of the decision on the issuance or
non-issuance of an ECC is the period during which the aggrieved
party may file an appeal. Failure to do so within the requisite
period will result in the finality of the RD’s or Secretary’s
decisions which can no longer be changed.
An appeal shall not stay the effectivity of the RD’s decision,
unless the Secretary directs otherwise.
Motion for Reconsideration
The right to appeal does not prevent the aggrieved party
from first resorting to the filing of a motion for
reconsideration with the issuing/approving authority
within 15 days from receipt of the decision or approval in
order to give the issuing/approving authority an
opportunity to re-evaluate his decision.
Upon receipt – assign to a case handler
Transfer of Authority to resolve to the next level
of authority by forwarding case records
If a motion for reconsideration is denied, the aggrieved
party may file an appeal to the next level of authority.
Final Decision Document
Is the CASE RESOLUTION DOCUMENT (CRD). It shall
be served to the proponent through the DENR-EMB
Regional Office concerned.
If the ECC application is denied, the proponent may file a
new application. The filing of a new application shall
however, result on the waiver of the proponent’s right to
file a motion for reconsideration or appeal from the order
denying its original application. The EMB or Regional
Office can not refuse to accept the new application and
may only deny said application if it appears that said
application does not differ significantly from the previous
application, or if the EIARC determines that the new
application is still environmentally unacceptable.
Administrative Investigation
On Handling of complaints or Adverse Monitoring Findings
(alleged violations of proponents to the ECC, EMP or other
requirements of PD 1586).
We said that an Appeal may be taken:
- penalty reduction
- reconsideration of CDO
Procedure to appeal a Notice of Violation
Filing a Motion for Reconsideration within 15 days from
receipt of the Case Decision Document. If the case is founded
on a commonly encountered nature of violation, the appeal may
be pursued in the same office as the issuing authority of the
CDD. The proponent/complainant may elevate complex cases
to the next level of authority. -Section 26 on administrative
investigation of the Revised Procedural Manual for DAO 2003-30
Scope of Violations (a – e)
Classes of Violations of PD 1586 and DAO 2003-30:
a.) Projects with or without ECCs which pose grave and/or irreparable
danger to environment, life and property wherein causes are not
regulated by any specific environmental law;
b.) Projects are established and/or operating without an ECC. A
Project that has commenced its implementation is deemed operating
without an ECC whether or not it is in actual operation.
“Operating without an ECC” refers to all projects that were
implemented without ECC but should have secured one as provided for
by PD 1586, IRR effective at the time.
Operating with an ECC secured from agencies or entities other than
DENR is also considered “operating without an ECC”. Covered projects
operating without an ECC shall not be issued EMB regional
environmental permits by EMB-PCD/EQD until such projects have
complied with the PEISS in securing an ECC.
Cont. Scope of Violations
c.) Violations of conditions of ECCs with old format
referring to submission of documents, conduct of studies
and other conditions within the mandate of other agencies
(Relocation Plan under HLURB/NHA; Traffic Mgmt Plan
under LGU; Occupational Health and Safety Plan under
DOLE; Epidemiological Studies under DOH; etc.)
Violations shall be limited to procedural or
administrative non-compliance (Minor Offense # 1 on delay
or non-submission). The acceptability of these documents
based on substantive evaluation cannot be a ground for
violation under PD 1586. Mandated agencies shall have
primacy of jurisdiction on assessing compliance with these
requirements.
Cont. Scope of Violations
d.) Projects violating ECC conditions and EMP Commitments
and other procedural requirements of the PEISS.
Violations in relation to ECC conditions are classified as
MINOR and MAJOR offenses, differentiated by schedule of fines
based on seriousness and gravity of the offense.
MINOR offenses – violations of administrative conditions in the
ECC and the EIS System procedures, rules and regulations that
will NOT have direct significant impact on the environment but
can impede or delay compliance against other ECC conditions
and/or EMP commitments which the proponent is required to
comply or can prevent/deter EMB from performing monitoring
or audit functions on the proponent’s environmental
performance, such as:
Minor Offenses
1. non submission or delay in submission of reports/requirements
2. transfer of ownership of the project/ECC without prior approval from
ECC issuing authority
3. delay or failure to initiate formation or implementation of ECC
conditions which do not have significant impacts on the environment,
such as formation of EU, MMT, EMF, EGF, enhancement measures and
other similar/equivalent requirements prior to the required deadline in
the ECC
4. non-compliance with other administrative conditions in the ECC
5. non-compliance with administrative and technical procedural
guidelines in the DAO 2003-30 and its Revised Procedural Manual and
6. other offenses deemed “minor” at the discretion of the EMB CO/
RO Director.
Major Offenses
Violations of substantive conditions in the ECC and the EIS System
procedures, rules and regulations that will have significant impact on
the environment and which proponent is required to comply, such as:
1. non-implementation of substantive conditions in the ECC on the
EMP and EMoP and other related substantive commitments in the EIA
Report, including modifications during EIA Report Review;
2. exceedance of project limits or area
3. significant addition of project component or product without prior
DENR-EMB approval
4. major change in project process or technology resulting in
unmitigated significant impacts not addressed by approved EMP;
5. other offenses deemed “major” at the discretion of the EMB CO/ RO
Director
Cont. Scope of Violations
e.) Misrepresentation in the EIA Report or any other
EIA documents.
All misrepresentations, whether material or minor
constitute violations on the theory that full disclosure
in the EIA Report is the key to the effective use of the
EIS System as a PLANNING and MANAGEMENT
TOOL.
Legal Basis of Fines and Penalties
The fines, penalties and sanctions of the PEISS is based on
Section 9 of PD 1586 which provides:
“Penalty for Violation. Any person, corporation or
partnership found violating Section 4 of this Decree, or the
terms and conditions in the issuance of the ECC or of the
standards, rules and regulations issued by the NEPC (now
DENR-EMB) pursuant to this Decree shall be punished the
SUSPENSION or CANCELLATION of his/its certificate and/or a
FINE in an amount not to exceed P50,000 FOR EVERY
VIOLATION thereof, at the discretion of the NEPC.”
The authority to impose fines and penalties is vested on the
Directors of the EMB Central Office or Regional Office upon
persons and entities found violating provisions of PD 1586 and
its IRRs.
Assessment and Computation
of Fines
a.) Failure to pay a fine imposed by the Secretary, EMB Director
or the RD constitutes an offense separate from the original
offense that brought about the imposition of the original fine
and may warrant the imposition of another fine, and/or the
issuance of a CDO.
b.) For projects operating without an ECC:
The sum of P50,000 is set as reduced at the discretion of the
Secretary, the EMB Director, or the RD, considering the
circumstances of each case, i.e. Impact of the violation on the
environment. (See schedule of penalty reduction in case of
“Operating without ECC).
Note: A maximum of 80% reduction in penalty can only be
imposed provided that the project proponent meets all the
criteria for reduction.
Schedule of Penalty ReductionPercent reduction= Peso deduction
1. Timing of ECC application
Proponent applied for ECC before issuance of NOV
(notice of violation) - 25% = P12,500
2. Percentage Project Completion
Project 25% complete - 10% = P5,000
Project > 25% but < 50% complete - 5% = P2,500
Project > 50% complete - no reduction
3. Project Cost
Project < P5M - 20% = P10,000
Project > P5M - 10% = P5,000
4. Project Impact on the Environment
Project does not cause adverse environmental impacts 25% = P12,500
c.) In case of violation of ECC conditions, EMP, or
EIS rules and regulations:
The sum of P50,000 is again set as the maximum
amount of the fine PER VIOLATION. Violation of one
condition in the ECC is an offense separate and
distinct from the violation of another condition. It is
possible that a respondent be subjected to a fine of
more than P50,000 if more than one ECC condition is
violated. However, the amount of fine per violation
may be accordingly reduced. (See schedule of penalty
reduction).
Schedule of Penalty Reduction
MINOR Offenses
- Penalty
1st offense - P10,000
2nd offense - P25,000
3rd offense - P50,000
4th offense - P50,000 plus ECC suspension with
option of DENR-EMB to cease
operations if deemed necessary but
with corresponding requirement for
continued EMP implementation
MAJOR offenses
Penalty
1st offense - P25,000
2nd offense –P50,000
3rd offense – P50,000 plus ECC suspension with
option of DENR-EMB to cease
operations if deemed necessary but
with corresponding requirement for
continued EMP implementation
d.) Misrepresentation in the EIA Reports or any other
documents submitted by the proponent.
This violation shall be subjected to due process and
may result to a fine in a fixed maximum amount of
P50,000 for every proven misrepresentation. The
proponent and the preparer responsible for the
misrepresentation shall be solidarily liable for the
payment of the fine, without prejudice to other EMB
actions towards the proponent or preparer who
repeatedly commit the same offense.
Suspension of ECCs
ECCs may be suspended for violation of proponents to
comply with ECC conditions. The suspension does not
necessarily mean the proponent is absolved of its
responsibility in implementing its approved EMPlan.
PD 1586 does not preclude the fact that DENR may
require the proponent to institute environmental
safeguards/measures to prevent further threat or
actual damage to the environment.
Authority to issue
Cease and Desist Order (CDO)
The EMB Director or the EMB-RD may issue a CDO
based on violations under the PEISS which cannot be
attributed to specific environmental laws (Clean Air
Act, Clean Water Act, Toxic Substances Act etc.)
and/or which present grave or irreparable damage to
the environment. Such CDO shall be effective
immediately.
An appeal or any motion seeking to lift the CDO shall
not stay its effectivity. However, the DENR-EMB shall
act on such appeal or motion within ten (10) working
days from filing.
Publication of Firms
violating PD 1586
The EMB may publish the identities of firms that are
in violation of PD 1586 and its IRRs despite repeated
Notices of Violation.
RA 10587 - Environmental Planning
Act of 2013
An Act Regulating the Practice of Environmental Planning,
repealing PD 1308
Declaration of Policy – The State recognizes the
importance of environmental planning in nation-building
& development. It shall develop & nurture competent,
virtuous, productive & well rounded professional
environmental planners whose standards of practice &
service shall be excellent, world class & globally
competitive thru honest, effective, relevant & credible
licensure examinations & thru regulatory programs,
measures & activities that foster their professional growth,
social responsibility and development.
Coverage of the Act
The Act shall cover the ff aspects of the practice of the
profession:
1. examination, registration & licensure of environmental
planners
2. Supervision, control & regulation of the practice of
environmental planning
3. development, upgrading & updating the curriculum of
the environmental planning profession; and
4. development & improvement of the professional
competence & practice of environmental planners thru
among others, continuing professional education and
development.
Scope of Practice
a) providing professional services in the form of technical consultation,
rendering of technical advice, plan preparation, capacity building &
monitoring & evaluation of implementation involving the ff
1. National, regional or local dev &/or physical framework &
comprehensive land-use plans
2. Zoning & related ordinances, codes & other legal issuances for the
development & management, preservation, conservation,
rehabilitation, regulation & control of the environment, including all
land, water, air & natural resources;
3. Planning & dev of a barangay, municipality, city, province, region or
any portion or combination thereof;
4. development of a site for a particular need or special purpose, such
as economic or ecological zones, tourism development zones, &
housing & other estate development projects, including the creation of
any other spatial arrangement of buildings, utilities, transport & comm
b) In relation to any of the activities enumerated in par (a),
preparing the ff studies:
1. Pre-feasibility, feasibility & other related concerns
2. Environmental assessments, and
3. Institutional, administrative or legal systems
c) Curriculum & syllable development in licensure examinations
for environmental planners & teaching in academic institutions
& conducting review courses in environmental planning
d) serving as expert witness, resource person, lecturer, juror or
arbitrator in hearings, competitions, exhibition & other public
fora, conduct of hearings, competitions, exhibits & other public
fora;
e) Ensuring compliance with environmental laws including the
acquisition of regulatory permits.
Professional Regulatory Board of
Environmental Planning
A BOARD is created composed of a Chairperson and 2 members
under the administrative control and supervision of the PRC.
They shall hold office for a term of 3 years, with reappointment
for another 3 years but not more than 2 terms nor more than 6
years.
QUALIFICATIONS of Board members:
1. A citizen and resident of the Philippines
2. of good moral character & of sound mind
3. a holder of a Master’s Degree in Environmental Planning or its
equivalent
4. A registered & licensed environmental planner with a valid
Certificate of Registration & a Professional ID card & with at
least 7 years of practice in environmental planning prior to
his/her appointment
5. Not a member of the faculty of any school, college or
university where a regular academic course or review
course in environmental planning is offered, nor a
member of the staff or reviewers in a review school or
center & does not have any direct or indirect pecuniary
interest in such an institution;
6. A member in good standing but not an officer or
trustee thereof of the Accredited Professional
Organization; and
7. Not convicted by a court of competent jurisdiction
of an offense involving moral turpitude.
Philippine
Landscape
Environmental
The Philippines is one of the world’s richest natural
resources. It belongs to an elite list of one of the 17
megadiversity countries. The country’s landscape is
packed with numerous species of flora and fauna and a
rich concentration of marine life. About 65% of the 50,000
species of the flora and fauna known in the world can also
be found in the country. Within the Philippine waters are
500 of 800 known coral reef species, 2000 marine fish
species, more than 40 mangrove and 16 seagrass species.
For its climate, the Philippines is known to have a tropical
and monsoonal climate dominated by a dry and wet
season.
This wealth of natural resources should be protected and
preserved for future generations to come.
Environmental Problems
The Philippine environment is presently in crisis. The country’s rich
landscape is experiencing a drastic decline on account of human
activities. The forest cover is depleted and about 23% of the endemic
species are threatened with extinction. Industrialization played a
critical role in the increase of environmental problems in the country.
The growing need of Filipinos to sustain themselves has taken its toll
on the environment. There is water pollution and water scarcity.
Human migration resulted in the conversion of forest lands to
residential and industrial areas and the demand for transportation
services and increase in the number of factories and industrial plants
have all contributed to the worsening air pollution.
The recent tragedies brought about by natural disasters highlight the
country’s need to enhance its efforts to protect and rehabilitate the
environment.
Some Environmental problems
1. Water pollution
2. Deforestation
3. Loss of Biodiversity
4. Air pollution
5. Long term damaging effects caused by mining
operations
Let us now look at the Philippine legal framework
to see how the current environmental laws address
these problems.
Some pressing environment
problems
While Philippine biodiversity is considered as one of
the richest in the world, it is also one of the most
threatened ( at risk of extinction).
Philippines is left with only 24% forest cover, 2nd
lowest forest coverage area in Southeast Asia, next to
Singapore which has the lowest forest cover.
40% of the total coastal and marine areas are in poor
condition.
What is environmental justice?
As defined by the Environmental Protection Agency (EPA)
of the US, environmental justice is “the fair treatment of all
people, no matter what their race, color, national origin, or
income level, in the development, implementation and
enforcement of environmental laws, regulations and
policies.”
Fair treatment means that “no group of people, including
racial, ethnic, or socioeconomic groups should bear a
disproportionate share of the negative environmental
consequences resulting from industrial, municipal, and
commercial operations or the execution of programs and
policies.
Environmental Justice
Environmental Justice has no single universally accepted
definition. Some countries define the concept as “the
pursuit of equal justice and equal protection under the law
for all environmental statutes and regulations without
discrimination based on race, ethnicity, and or
socioeconomic status.
Others define it the same way as the EPA of the US.
However, the concept is defined, at the heart of
Environmental Justice lies the idea that brings together
environmental protection and social justice.
Environmental justice is therefore the FUSION of
environmental law and social justice.
Philippine definition of
environmental justice
In the case of Oposa vs. Factoran, 224 SCRA 792, the relevant
provision of our Constitution describes it as the “right of the
people to a balanced and healthful ecology” and “the correlative
duty to refrain from impairing the environment.” (Twin concept
of intergenerational and intragenerational equity.)
There is a need to address the environmental problems in our
country to prevent the harsh effects of environmental damage.
The most dangerous of all these effects is the threat of climate
change and global warming because the country is at risk, where
about half of the total area and more than 80% of the population
are vulnerable to natural disasters. When flash floods, typhoons
and changing weather patterns occur, the marginalized sectors
are especially affected and are the hardest hit.
Environmental Rights as a
component of Human Rights
Environmental rights grew out of human rights, a development
which resulted from the genocide and atrocities committed in
Wwar II.
In our Constitution, environmental protection is stated not in
the Bill of Rights under Article III but in the Declaration of State
Policies under Article II. Nevertheless, the right to a healthful
ecology is recognized as iron-clad and no less demandable than
those specifically enumerated in the Bill of Rights. These
environmental provisions in the Constitution without a
mechanism for its enforcement would be nothing. The need for
mechanisms to protect the environment has become critical
today. So that there should be a middle ground which can strike
the delicate balance between economic exploitation and
environmental protection.
Development of Environmental
justice in the Philippines
The concept of environmental justice is not foreign/alien
to Philippine experience. The Philippines is said to have
one of the world’s most developed approaches to
environmental protection and preservation. It is enshrined
as a fundamental State policy under Sec. 16, Art. II. (the
right to a healthful ecology).
The Constitution also provides that the Philippines “adopts
the generally accepted principles of international law as
part of the law of the land.” Customary international
environmental laws are deemed incorporated or
transposed into our national laws.
International Environmental Law
Is law adopted by sovereign states to define standards at the
international level. It prescribes obligations and regulates
behavior in international relations in matters affecting the
environment. There are several sources of international
environmental law but of special interest to the Philippine
judiciary are multilateral environmental agreements (MEAs) and
generally accepted principles of environmental protection.
The very first environmental instrument was the 1921 GENEVA
CONVENTION CONCERNING the USE of WHITE LEAD in
PAINTING. Since then, 283 other international instruments in
the field of the environment have been adopted.
Another important source of international environmental law is
the generally accepted principles of environmental protection.
Important MEAs
1. 1972 Stockholm Conference on the Human Environment
– considered as the chrysalis of International
Environmental Law.
The Conference was a discussion on the clashing
demands of the economy and ecology. The Stockholm
Declaration held that economic development is not
necessarily incompatible with environmental protection
and that development could proceed provided it avoids
damaging the environment.
Several principles in the Declaration are the sources of
our environmental policies in PD 1151 (Philippine
Environment Policy).
Important MEAs
2. United Nations Convention on the Law of the Sea
(UNCLOS) –
Ratified by the Philippines on May 8, 1984. Of
particular importance is Art. 194 which obliges parties
to take measures to prevent pollution of the marine
environment from any source, including “land-based
sources” and “installations and devices used in
exploration or exploitation of the natural resources of
the seabed and subsoil.”
1985 Vienna Convention for the
Protection of the Ozone layer
3. 1985 Vienna Convention for the Protection of the
Ozone layer and its 1987 Montreal Protocol on
Substances that Deplete the Ozone layer were both
ratified by the Philippines on July 17, 1991. These
international instruments oblige parties to phase
substances that deplete the ozone layer such as
chlorofluorocarbons (CFCs) and hydrochlorofluorocarbons (HCFCs) which are used in the
air-conditioning systems of many of our older cars,
offices and houses.
1989 Basel Convention on the
Control of TMHW
4. The 1989 Basel Convention on the Control of
Transboundary Movements of Hazardous Wastes and their
Disposal was ratified by the Philippines on October 23,
1993. It declares illegal the transboundary shipment and
disposal of hazardous wastes, such as your spent cellphone
batteries and old computer units, except for recycling.
In 1994, an amendment to the Basel Convention proposed a
total ban on the transboundary movement of hazardous
wastes from developed countries to developing countries.
The Philippines has not ratified this amendment. Neither
has Japan nor Australia.
1992 Convention on Biological
Diversity
Was ratified by the Philippines on October 8, 1993 while
the 1979 Bonn Convention on the Conservation of
Migratory Species of Wild Animals was ratified by the
Philippines only on January 2, 1994.
The Bonn Convention is a framework convention under
which parties may enter into agreements and memoranda
of understanding for the conservation of certain species. It
is significant that the Philippines is a signatory to the
Memoranda of Understanding (MOU) on the conservation
of marine turtles, dugongs and sharks. However, it is not a
signatory to the MOU on Pacific Island cetaceans.
1998 Rotterdam Convention
6. The 1998 Rotterdam Convention on the Prior
Informed Consent Procedure for Certain Hazardous
Chemicals and Pesticides in International Trade was
ratified by the Philippines on July 31,2006. The
convention requires exporters trading in specific
harmful chemicals such as ASBESTOS and
ENDOSULFAN to provide information on their
potential health and environmental effects so that the
importing country can decide on trade measures
affecting such chemicals.
2001 Stockholm Convention on
Persistent Organic Pollutants
7. 2001 Stockholm Convention was ratified by the
Philippines on February 27, 2004. It binds parties to
immediately ban the production and use of certain
pesticides such as ALDRIN and to eventually phase out
other pesticides such as DDT as these can adversely
affect human health and the environment around the
world. These dangerous substances are transportable
by wind and water.
What is environmental law?
The body of laws which contains elements to control
human impact on the earth. ( as defined in Black’s Law
Dictionary.)
It is gaining recognition because of the realization that
there is an urgent need to regulate human activities
because of their impact on the environment. It is however,
a new field dealing with the “maintenance and protection
of the environment, including preventive measures such as
the requirement of environmental-impact statements, as
well as measures to assign liability and provide cleanup for
incidents that harm the environment.
Environmental Law - definition
Environmental law covers all laws that relate to the
PRESERVATION, PROTECTION, CONSERVATION,
EXPLOITATION, UTILIZATION, DEVELOPMENT and
MANAGEMENT of the environment and its natural
resources.
Environmental law recognizes that human activities
AFFECT, IMPACT, and if left unattended, endanger the
natural environment. Laws and rules with corresponding
sanctions are implemented in order to ensure that human
activities are regulated with the end goal of ensuring that
the environment is adequately protected.
Constitutional policy on
Environmental Protection
The 1987 Constitution bears the framework of the
Philippine Environmental Policy. The PREAMBLE lays
down the foundation for the environmental provisions.
Our fundamental right to a healthy environment is
embodied in Article II which states ”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.” This provision is self-executing in nature and
deemed as the source of the citizen’s basic environmental
rights. It is not only a policy but a demandable legal right.
The duty of the state to protect and promote the health of
citizens is also an adjunct to the right of the Filipinos to a
healthy environment.
Significance of the Constitution
The 1987 Constitution cemented the Philippine’s
commitment to strike a delicate balance between the
demands of economics and the needs of the environment.
For the first time, the right of the person to a balanced and
healthful ecology was recognized not only as an abstract
policy statement, but an enforceable legal right. The
Supreme Court affirmed the enforceability of this legal
right in the seminal case of Oposa vs. Factoran.
Forming the matrix of this right is the recognition that
human beings are an integral part of a complex ecological
community. Nothing less than the survival of the human
species hangs on this delicate balance.
Relevant Constitutional provisions
Section 15, Article II - The State shall protect and
promote the right to health of the people and instill
health consciousness among them.
Most of the provisions of Article XII also highlight the
State’s primary objective of protecting the
environmental resources of the country. Sections 2, 3.
4 and 5 all seek to protect the country’s land from
abuse and exploitation and ensure that the
development of the country’s natural resources will
benefit the Filipino people.
Section 4, Article XII enjoins the State to protect our
endangered forest and watershed areas.
Section 7, Article XIII calls upon the State to protect,
develop and conserve communal marine and fishing
resources.
In pushing the frontiers of industrialization, Section 1,
Article XII cautioned the State to make “full and efficient
use of human and natural resources”.
Section 4, Article XIII emphasizes the duty of the
government to undertake the just distribution of all
agricultural lands, taking into account ECOLOGICAL,
DEVELOPMENTAL and other equity considerations.
Philippine Environmental Laws
Philippine Environmental Laws are geared towards the
attainment of SUSTAINABLE DEVELOPMENT. They seek to
address a wide array of environmental concerns ranging from
forest degradation, loss of biodiversity, water and air pollution
and hazardous waste management among others. The laws are
enumerated in the Rules of Procedure for Environmental Cases
and are classified into 4 groups: 1. TERRESTRIAL 2. MARINE
and AQUATIC RESOURCES 3. AERIAL and 4. OTHERS.
Terrestrial laws refer to the protection and preservation of forests
and biodiversity.
Marine and aquatic resources laws pertain to the protection and
preservation of the waters and preservation of marine life.
Aerial laws deal with preventing air pollution, while other laws
refer to those that involve hazardous wastes and other
environmental concerns.
3 Categories of Major Philippine
Environmental Laws
1. the regulation of exploitation, utilization and
development of natural resources;
2. the preservation, protection and conservation of
flora and fauna; and
3. pollution and environmental management
First Category
1. PD 705 Revised Forestry Code as amended by PD
1559, EO 277 and RA 7161
2. Rep. Act 8550, Philippine Fisheries Code
3. Rep. Act 7076, People’s Small Scale Mining Act
4. Rep. Act No. 7942, Philippine Mining Act
Second Category
1. Rep. Act 7586, National Integrated Protected Areas
System Act
2. Rep. Act 9147, Wildlife Conservation and
Protection Act; and
3. Rep. Act 9072, National Caves and Cave Resources
Management Act
Third Category
1. PD 979 Marine Pollution Decree
2. PD 1586 Establishing an Environmental Impact
3.
4.
5.
6.
Statement System
Rep. Act 8749 Clean Air Act
RA 9275 Clean Water Act
RA 9003 Ecological Solid Waste Management Act
RA 6969 Toxic Substances and Hazardous Waste
Act
Supplemental Laws
Apart from the general environmental laws, the Civil Code
provisions on the abuse of rights, abatement of nuisance,
easements and torts may also be used in claiming damages.
1. Chapter Two on Human Relations - the Civil Code
provisions on human relations seek to protect the rights
and dignity of every person. It lays down the general basis
for recovery of damages when there is bad faith or malice or
if the injury is inflicted upon a party, whether intentional
or not, in ordinary contractual relationships between
persons. In the absence of specific environmental laws to
support claim for damages, the provisions on human
relations can act as a supplement and serve as a legal basis.
This covers Articles 19 to 28 of the Civil Code.
Environmental Laws covered by
the Rules of Procedure
Supreme Court Adm. Matter No. 09-6-8- SC dated April 13,
2010 lays down the Rules of Procedure for Environmental
Cases.
Section 2 on the SCOPE thereof gives an enumeration of
laws, some 25 laws covered by the Rules. The enumeration
however is not exhaustive because of the phrase “such as
but not limited to the following” used in the Rules.
The Rules govern the uniform procedure in civil, criminal
and special civil actions before the RTC, MTC, MTCC and
MCTC involving enforcement or violations of
environmental and other related laws, rules and
regulations.
Abatement of Nuisance
Nuisance is defined as an “unreasonable activity or condition on
the defendant’s land which substantially or unreasonably
interferes with the plaintiff’s use and enjoyment of his property.
The provisions on nuisance may be used by plaintiffs to recover
damages for environmental harm in the absence of or in addition
to the applicable provisions in our environmental laws.
The application of the Civil Code provisions on the abatement of
nuisance does not require a physical invasion of property.
Among the typical nuisance-causing agents are noise, dust,
smoke, odors, airborne or water-borne contaminants, and
vermin and insects.
It is said that plaintiffs may recover damages for injury caused by
noise, dust, hazardous particles released by incinerators or oil
refineries or those arising from groundwater contamination.
(Powell, Law and the Environment, 1998).
Classes of nuisance
PRIVATE and PUBLIC
Private Nuisance stems from interference on an individual’s rights.
Public nuisance stems from violations of public rights and causes
pervasive and widespread harm.
The Civil Code provisions on nuisance are found in Articles 694 to 707
of Title VIII.
Sec. 4 of Rule III of the Rules of Procedure of the PAB on jurisdiction
and authority provides:
Abatement of Nuisance – Except where such would constitute a
pollution case, LGU shall have the power to abate a nuisance within
their respective areas pursuant to the Civil Code, Local Government
Code and the Code on Sanitation of the Philippines.
Public Nuisance –
LGU
Private Nuisance Courts
Pollution
PAB
Easements
Easement is defined as an “encumbrance imposed
upon an immovable for the benefit of another
immovable belonging to a different owner. In terms of
use, an easement may either be continuous or
discontinuous; and by its creation, an easement is
established either by law (legal easement) or by the
will of the parties (voluntary easement). Easements
are in the nature of encumbrance on the servient
estate or the estate on which the easement is made,
thus constituting a limitation on the dominical right of
the owner of the subjected property. They can be
acquired only by title and by prescription.
Civil Code Provisions on Easements
The Civil Code provisions on easements may serve as legal
basis for the recovery of environmental damages when flow
of water, right of way, light and view, and drainage are
disrupted. The general provisions on easements are found
in Articles 634 to 636.
Easements relating to water – Art. 637 to 648
Easements on right of way - Art. 649 to 652
Easement on light and view - Art. 667 to 673
Easement on drainage of bldgs - Art. 674 to 676
Provisions on intermediate
- Art. 677 to 681
distances and works for
certain constructions/plantings
Torts/Quasi-delict
Where the act complained of does not fall under a specific
violation of Environmental Law and there is evidence of
recklessness or negligence resulting in harm to the environment,
the Civil Code provisions on quasi-delict may apply. There is
negligence when a person’s act lacks the diligence required by
the nature of the obligation. Recklessness is conduct by a
defendant which demonstrates a conscious disregard for a
known risk of probable harm to others. Under the rules on
quasi-delict, the basic legal duty is to act with reasonable care. A
party may be held liable for activities which result in harm to
others even though he did not act intentionally in causing the
harm.
In environmental litigation, negligence is one of the arguments
raised by those who environmental rights are violated. The Civil
Code provisions on quasi-delicts are found in Art. 2176 to 2194.
Environmental Law Cases in the
Philippines
The Supreme Court has decided landmark environmental cases
which have been internationally hailed as groundbreaking.
These cases have put the country on the world map with respect
to innovative judicial thinking on environmental protection.
These cases demonstrate that Philippine courts are disposed to
rule in favor of protecting the environment.
1. Oposa vs. Factoran promulgated by the SC in 1993. The SC in
this case while recognizing the injury aspect of legal standing
(no injury no suit), has given the doctrine a more liberal
interpretation. The Court allowed parents to file suit on behalf
of “their children and generations yet unborn.” The Court ruled
that minors could, for themselves and for others of their
generation and for the succeeding generations yet unborn, file a
class suit.
The personality of the minors to sue on behalf of the
succeeding generations is based on the concept of
intergenerational responsibility insofar as the right to a
balanced and healthful ecology is concerned. This right
carries with it the obligation to preserve for future
generations.
The class suit filed by the minors represented and joined by
their parents aimed to stop deforestation. They asserted
that the permits granted by the Secretary of DENR to TLA
holders to cut trees in the country’s remaining forests was
violative of their constitutional right to a balanced and
healthful ecology. They prayed that the Secretary be
ordered to cancel all existing TLAs and to desist from
granting and renewing the existing ones.
MMDA vs. Concerned residents of
Manila Bay 574 SCRA 661
In 1999, the concerned residents of Manila Bay filed a
complaint against several government agencies for the
cleanup, rehabilitation and protection of the Bay. They
alleged that the continued neglect by these agencies of
their legal duty to abate the pollution in the Bay
constituted a violation of several laws including the
Environment Code, Pollution Control Law and the Water
Code among others. Proof was presented that the waters of
the Bay were unsafe for bathing and other recreational
activities. They prayed that these government agencies be
ordered to cleanup Manila Bay and submit a concrete plan
of action for the purpose.
Ruling
The RTC, CA and Sc unanimously ordered the government
agencies to coordinate for the cleanup of the Bay and its
restoration to its healthy state. The SC held that, under
numerous laws, the cleanup of the Bay is the ministerial
duty of the concerned agencies and they have no discretion
to do otherwise.
Of particular interest in this case was the issuance by the SC
of an order of continuing mandamus – the first ever in the
country. This order compelled the agencies to perform their
respective tasks for the cleanup and it continues
indefinitely. The SC likewise required the formation of an
advisory committee to ensure compliance with the order.
Resident marine mammals of
Tanon Strait Protected Seascape vs.
Reyes GR 180771 ( still pending)
Petitioners named were the resident marine mammals of
the protected seascape Tanon Strait located between the
islands of Negros and Cebu. They are the “toothed whales,
dolphins, porpoises and other cetacean species (marine
mammals which have a very large head, a tapering body
like a fish and nearly devoid of hair, a large brain and a
complex stomach). Thru their “human representatives”
these mammals filed a case for certiorari, mandamus and
injunction to enjoin the DOE et al. From implementing a
service contract involving the EDU of petroleum resources
in and around the Strait. Among the activities allowed in
2005 were the conduct of a seismic survey and oil drilling.
Marine Mammals
Petitioners claim that the marine mammals possess legal
standing to sue since they have sustained and will sustain direct
injury by reason of the oil exploration and resulting pollution in
the habitat. They claim that the effect of underwater noise to the
mammals is fatal. They also maintain that the service contract
violates the Constitution, the NIPAS Act and the Wildlife Con
and Pro Act.
Respondents, claim that marine mammals which are neither
natural nor juridical persons, cannot be parties in a civil action
and that contrary to the allegations, the service contract is
allowed under Sec. 2 Art. XII of the Consitution.
Meantime private respondent Japan Petroleum Exploration Inc.
Had announced its withdrawal from the project.
Mosquedo vs. Pilipino Banana
Growers and Exporters Assn Inc.
GR 189185 ( still pending)
The case involves the ban on aerial spraying of pesticides
on banana plantations in Davao City. In 2007 the
Sangguniang Panlungsod of Davao enacted an ordinance
banning aerial spraying as an agricultural practice in the
City. This prompted the PBGE Assn to file a petition
assailing the constitutionality of the ordinance. The City of
Davao was impleaded as lone respondent but Mosquedo et
al., residents of Davao City where aerial spraying had been
conducted, intervened invoking their right to a healthful
and balanced ecology. Then RTC ruled that the ordinance
was valid and constitutional but the CA reversed.
Mosquedo et al. Elevated the case to the SC.
Role of Community
The community plays a vital role in the promotion of
Environmental Justice as one of the pillars of the justice
system. It includes the citizens, corps, NGOs. LGUs and
GAs which do not form part of the traditional pillars of the
justice system. It is important to discuss their respective
roles, rights and responsibilities because the disadvantaged
groups of the community are the ones primarily affected by
the effects of environmental degradation.
The processes that may be undertaken by the members of
this pillar are CITIZEN’s suits, environmental impact
assessments and alternative dispute resolution (ADR).
Stakeholders
1. CITIZENS
A citizen is a person who, by either birth or naturalization, is a
member of a political community, owing allegiance to the
community and being entitled to enjoy all its rights and
protection. Article IV, Section 1 of the Constitution provides
who the citizens of the Philippines are.
a. Those who are citizens of the country at the time of the
adoption of the 1987 Constitution
b. Those whose father or mothers are citizens of this country
c. Those who were born before Jan 17, 1973, of Filipino mothers,
and who elect Philippine citizenship upon reaching the age of
majority; and
d. Those who are naturalized according to law
Role of a Citizen
Citizens are the stewards of the environment and there is an inherent
obligation in every citizen to preserve and care for the environment.
This obligation lies primarily with them because they are the ones who
would greatly benefit from the utilization of the country’s resources.
Citizens are expected to participate and cooperate in the development
and implementation of environmental laws.
EX. Fisheries Code which provides that the private sector should
coordinate with LGUs, FARMS and other concerned agencies for the
establishment of a monitoring, control and surveillance system to
ensure that the fisheries and aquatic resources are wisely utilized and
managed on a sustainable basis, for the exclusive benefit and
enjoyment of Filipino citizens.
The National Cave /Caves Resources Management and Protection Act
requires the scientific community and the academe to assess the
archaeological, cultural ,ecological, historical and scientific value of
potentially significant caves.
Rights of a Citizen
In promoting access to justice in the field of environmental
law, the ff are the rights of citizens stated in the
Constitution and SC decisions:
1. RIGHT to the ENVIRONMENT – refers to the right to a
balanced and healthful ecology in accord with the rhythm
and harmony of nature. Hence, citizens enjoy the right to
have the environment preserved, protected and advanced.
(Oposa case)
2. RIGHT to HEALTH - refers to the provision in the
Constitution saying “the State shall protect and promote
the right to health of the people and instill health
consciousness among them.
Right to Information
3. Right to Information – refers to the Constitutional
provision saying “ the State shall recognize the right of the
people to information on matters of public concern and
this includes access to official records and documents
pertaining to official acts, transaction or decision, subject
to limitations prescribed by law.
Government agencies cannot exercise discretion in refusing
disclosure of, or access to, information of public concern,
but can impose though reasonable regulations on the
manner by which the Right to Information may be
exercised. This authority to regulate does not mean that
government agencies have the power to prohibit.
Read: Legaspi vs. CSC 150 SCRA 538
Right to represent future
generations
4. Right to Represent Future Generations
(Intergenerational Responsibility) - this right is
anchored on the right of everyone, including future
generations, to a balanced and healthful ecology as
enunciated in the Oposa case. This principle was used
to give legal standing to minors who “represent their
generation as well as generations yet unborn.”
As now provided in the Rule of Procedure on
environmental cases, citizens have the legal standing
to file actions against the government and other
persons for violations of environmental laws.
Other Rights according to Law
CHAIN SAW ACT of 2000 – citizens are entitled to an
informant’s reward. A reward is given to any person
who voluntarily gives information leading to the
recovery or confiscation of an unregistered chain saw
and the conviction of such persons charged with the
possession thereof. The reward is equivalent to 20%
of the value of the chain saw unit/s. Since the law used
the word “any person”, the informer’s reward is not
limited to Filipino citizens.
Revised Forestry Code (PD 705)
Also provides informer’s reward equivalent to 20% of the
proceeds of the confiscated forest products. (Sec. 77-B)
Corollary to the rights, citizens as stewards of the
environment have the duty to protect and refrain from
impairing it.
Citizens may be deputized by the proper government
agencies to enforce environmental laws. The DENR Head
may deputize any qualified person to protect the forest and
to conduct citizen’s arrest. When effecting arrests for
violation of environmental laws, citizens are also afforded
the presumption of regularity in the performance of their
functions.
Private Corporations and
Enterprises as stakeholders
Private enterprises and corporations also take part in
promoting Environmental Justice. While corporations are
essentially a business medium whose primary purpose is to
generate income, they have the duty to take into
consideration the effects of their activities on the
environment. The 2007 Code of Corporate Governance
Score Card provides an item that gauges the corporation’s
activities towards environmental protection.
The Ecological Solid Waste Management Act of 2000 also
provides that private organizations and entities are entitled
to rewards, monetary or otherwise, for undertaking
“outstanding and innovative projects, technologies,
processes and techniques or activities in reuse, recycling
and reduction. ( Sec. 45).
Rights and Duties of Private
Enterprises and Corporations
Although these entities are composed of natural
persons, their rights and duties are not the same as
citizens because a corporation has a separate juridical
personality. Hence, a corporation cannot file a case
asserting the right to a balanced and healthful ecology
in representation of the natural persons comprising
the corporation. While the corporation’s primary
purpose is to profit from its undertakings or ventures,
it also has a corollary duty to ensure compliance with
environmental laws and to comply with the
Environmental Impact Statement (EIS) process.
Non-Government Organizations
and People’s Organizations
NGOs are private, non-profit voluntary organizations
that are committed to the task of socio-economic
development and established primarily for service.
Our discussion will be limited to environmental
NGOs.
POs are bona fide associations of citizens with
demonstrated capacity to promote the public interest
and with identifiable leadership, membership and
structure. The members of Pos are part of a sector
who group themselves voluntarily to work for their
own upliftment, development and greater good.
Roles of NGOs and POs
Have the same roles as citizens. They have strong roles
in preserving and protecting the environment since
they take concrete action against environmental
violations. Aside from pursuing environmental rights,
they also participate in the development and
implementation of environmental laws.
Toxic Substances and Hazardous and Nuclear Wastes
Control Act of 1990 in Sec. 7 provides that a
representative from a NGO on health and safety shall
be appointed by the President to become a member of
the Inter-Agency Technical Advisory Council. ((Sec. 7)
The Fisheries Code requires FARMCs to include NGOs as
members. (Sec. 69)
The Solid Waste Management Act also engages the
participation of NGOs by requiring a representative from
an NGO, which has the principal purpose of promoting
recycling and ensuring air and water quality, to be part of
the National Solid Waste Management Commission.
(Sec. 4 )
The Clean Air Act requires NGOs and Pos to participate
and coordinate with the DENR for the purpose of
determining whether or not to revise the designation of
non-attainment areas and/or to expand its coverage. (Sec.
10)
Rights and Duties of NGOs and POs
Basically the same as those of citizens except with
respect to the right to file citizen suits. Their right to
file an action before the courts against environmental
violations stems from their juridical personality, which
gives them the attributes of an individual including
the right to sue and be sued, provided that they are
duly registered with the SEC. In relation to these
rights, they have the duty to represent the voiceless in
the community in which they are based.
Government Agencies
DENR
The lead agency tasked with the implementation of
environmental laws. It consists of the Department
Proper, Staff Offices, Staff and Line Bureaus and the
regional/provincial community offices. The
Department Proper includes the Office of the
Secretary, Offices of the Undersecretaries, Offices of
the Asst. Secretaries, Public Affairs Office, Special
Concerns Office and the Pollution Adjudication Board
(PAB).
What is the PAB?
The Board is under the Office of the Secretary, DENR. The
Board shall be composed of the Secretary as Chairman, 2
Undersecretaries as may be designated by the Secretary,
the Director of the EMB, and 3 others to be designated by
the Secretary as members.
The Board shall have sole and exclusive jurisdiction over all
cases of pollution and all matters related thereto, including
the imposition of administrative sanctions, except as may
be provided by law.
The Environmental Management Bureau shall serve as the
Secretariat of the Board. These powers and functions may
be delegated to the regional offices of the Department in
accordance with rules and regulations to be promulgated
by the Board.
Powers and functions of PAB
1. Issue orders or decisions to compel compliance with the
provisions of the Clean Air Act and Clean Water Act after
proper notice and hearing
2. Issue cease and desist orders requiring the
discontinuance of pollution specifying the conditions and
the time within which such discontinuance must be
accomplished;
3. Issue, renew or deny permits, under such conditions as
it may determine to be reasonable for the prevention and
abatement of pollution
4. To issue such writs as may be necessary for the
enforcement and execution of such orders, resolutions or
decisions.
Staff bureaus of DENR
FOREST Management Bureau – support the effective protection,
development, occupancy management, and conservation of
forest lands and watersheds.
LAND Management Bureau – administer, survey, manage and
dispose A&D lands and other government lands not placed
under the jurisdiction of other government agencies.
ECOSYSTEMS Research & Development Bureau – principal
research and development unit of the DENR
PROTECTED Areas and Wildlife Bureau – establish and manage
protected areas, conserve wildlife, promote and institutionalize
ecotourism, manage coastal biodiversity and wetlands
ecosystems, conserve caves and cave resources, and inform and
educate on biodiversity and nature conservation.
Line Bureaus
A line bureau operates as a sub-organization in the
department with direct line of command, usually with its
own representative offices, down to the regional/field
offices of the department, performing regulatory functions.
ENVIRONMENTAL Management Bureau (staff bureau
converted to line bureau pursuant to the Clean Air Act) in charge of air , water and toxic and hazardous chemicals
management, environmental impact assessment system
implementation, solid waste management and secretariat
assistance to the PAB, and environmental compliance and
organizational performance.
MINES and Geosciences Bureau (staff bureau converted to
line bureau pursuant to the Mining Act of 1995) –
administer and dispose minerals and mineral lands
Other Government Agencies
1. Department of AGRICULTURE - to promulgate and enforce
all laws, rules and regulations governing the conservation and
proper utilization of agricultural resources, and to provide
integrated services to farmers and fishermen and other food
producers on the production, utilization conservation and
disposition of agricultural and fishery resources.
BFAR – is tasked with the preparation and implementation of
a Comprehensive National Fisheries Industry Development Plan,
the issuance of licenses for the operation of commercial fishing
vessels, and the issuance of identification cards to fishworkers
engaged in commercial fishing.
Bureau of Plant Industry – in charge of implementing and
enforcing the provisions of the Plant Quarantine Decree of 1978.
2. Department of HEALTH – responsible for the
promulgation, revision and enforcement of drinking
water quality standards. The Secretary of Health as a
member of the Inter-Agency Technical Advisory
Council, shall also assist in the promulgation of rules
and regulations for the enforcement and
implementation of the Toxic Substances and
Hazardous and Nuclear Wastes Control Act.
3. LTO – tasked under the Clean Air Act to ensure that
all motor vehicles and engines should first comply
with the emission standards set in the Act.
Philippine Ports Authority
Has over-all supervision over the port facilities of the
large foreign petroleum companies in matters
pertaining to safety, pollution and conservation in the
harbors, and regulatory and supervisory powers over
the marine aspect of the administration and operation
of port zones such as the Bataan Export Processing
Zone and free ports.
Other Government Agencies
1. DOTC – lead agency tasked with the implementation of the
Oil Pollution Compensation Act of 2007
2. DEPED – to implement objectives of the Climate Change Act
which provides that the Deped should integrate climate change
principles and concepts into the primary and secondary
education subjects.
3. DILG – the Climate Change Act mandates the DILG to
facilitate the development of a training program dealing with
climate change for LGUs.
4. DFA – tasked with the duty to review international
agreements related to climate change and to make
recommendations to the government for its ratification or
compliance.
5. PIA – is charged with information dissemination on climate
change matters.
Environmental Entities Created by
Law
1. FARMCs – created to institutionalize the major role
of the local fisherfolks and other resource users in the
community-based planning and implementation of
policies and programs for the management,
conservation, development and protection of fisheries
and aquatic resources of the municipal waters.
There are FARMCs established on the national level
and in all municipalities and cities abutting municipal
waters. LGUs can also create FARMCs on the barangay
level. Lake-wide FARMCS can also be established.
Other Entities
2. Inter-Agency Technical Advisory Council – created
under the Toxic Substances Act of 1990 and is attached to
the DENR. It assists the DENR in the formulation of rules
and regulations for the implementation of the said law.
3. LLDA – was created pursuant to the LLDA Act (RA
4850) and is an attached agency of the DENR. The lead
agency tasked to regulate and monitor activities within and
affecting the Laguna Lake region. It has the power to
approve/disapprove all plans, programs and projects within
the region and is empowered to institute the necessary
legal proceedings in the event that the person/entity
continues with the project without clearance from the
authority. It has exclusive jurisdiction to issue permits.
Read: LLDA vs. CA 231 SCRA 292
4. NATIONAL MUSEUM – created under RA 8492 (National
Museum Act of 1998). Its functions are to supervise restoration,
preservation, reconstruction, demolition, alteration, relocation
and remodeling of immovable properties and archaeological
landmarks and sites, and to maintain, preserve, interpret and
exhibit to the public the artifacts in sites of Paleolithic habitation
site of the possible earliest man to the Philippines, the Neolithic
habitation of the ancient Filipino at the Tabon Caves, and other
important archaeological sites. It is authorized to deputize the
PNP and the AFP with respect to the protection of newly
discovered sites from illegal exploitation, reporting of discovery
of archaeological sites; and preservation of important
archaeological sites in danger of destruction.
5. NATIONAL SOLID WASTE MANAGEMENT
COMMISSION – under the Office of the President. It
is tasked to oversee the implementation of plans and
policies aimed to achieve the objectives of the
Ecological Solid Waste Management Act. It is tasked to
prepare a national solid waste management
framework. It shall approve local swm plans and
review the implementation thereof. In exercising its
duties, it is mandated to coordinate with the LGUs.
The EMB provides secretariat support to the
Commission.
6. NATIONAL WATER RESOURCES BOARD - is under the
administrative supervision of the DENR as an attached
agency. It is tasked with the control and regulation of the
utilization, exploitation, development, conservation and
protection of water resources. The lead agency in the water
sector, the responsibilities of which include the
formulation of policies, programs and standards,
management and regulation of water-related activities and
the regulation and monitoring of water utilities. It also has
the authority to regulate the water tariffs of water districts.
It also has policy-making, regulatory and quasi-judicial
functions.
7. Palawan Council for Sustainable Development –
under the Office of the President, created under the
Strategic Environmental Plan for Palawan Act. It
formulates plans and policies and coordinates with
other government agencies in carrying out the
provisions of the Act. It may call on any department,
bureau or officer to assist in its functions, enforce the
provisions of the Act and perform such other functions
as may be necessary.
8. Pasig River Rehabilitation Commission – was created to
rehabilitate the Pasig River to its historically pristine
condition conducive to transport, recreation and tourism.
Its functions are the drawing up of an updated and
integrated Master Plan on the Rehabilitation of the Pasig
River taking into account its potential for transportation,
recreation and tourism, abating the dumping of untreated
industrial wastewater and sewerage into the river including
all acts and omissions in violation of pollution laws and
other related laws and relocating settlers, squatters and
other unauthorized or unlawful occupants along its banks.
9. Philippine Coconut Authority – is the lead agency in
implementing the Coconut Preservation Act of 1995. It
is in charge of formulating a general program for the
development of the coconut and palm oil industry.
10. Tubbataha Protected Area Management Board is
tasked with the management and administration of
the Tubbataha Reefs Natural Park (TRNP). It is also
the sole policy-making and permit-granting body of
the TRNP.
Role of LGUs
Is to aid the national government in enforcing
environmental laws. Various environmental laws
engage the participation of the LGUs or even task the
LGUs with the primary responsibility for their
implementation and enforcement.
Relevant CONSTITUTIONAL Provisions
Article 2, section 25
Article 10, secs. 1, 2, 4, 5, 7, 11, 13, 15, 16, and 20
Environment-related Provisions of
the Local Government Code)
Section 3 par (d), (i) and (l)
Section 16
Section 17 par (a), (b), and (g)
Section 18
Section 20 par (a) and (c)
Section 26
Section 27
Section 35
Section 36
Section 131 par (p), (r) and (l)
Section 149 par (a), (b) 1, 2 and 3
Forestry Code
In forest management, some DENR functions have
been devolved to the LGUs. The provinces and
municipalities now have the power to enforce forestry
laws, rules and regulations in community based
forestry project areas, community watersheds and
communal forests. Although there is no forest
management function assigned to barangays, they may
be designated or deputized by the DENR upon prior
consultation with the local chief executives.
Fisheries Code
The Fisheries Code vests upon municipal and city
governments jurisdiction over municipal waters.
Accordingly, the LGU has the duty to enforce all fishery
laws within its jurisdiction.
The Code also contains provisions requiring the
participation of LGUs such as the granting of demarcated
fishery rights, the prohibition or limitation of fishery
activities and the registration of fish hatcheries, fish
breeding facilities and private fishponds. Law enforcement
officers of LGUs are also authorized to enforce the Code
and other fishery laws, rules and regulations.
Local Government Code
LGUs may promulgate ordinances geared towards environmental
management and protection. The power of LGUs to promulgate
these ordinances is based on their police power.
In Tano vs. Socrates, 272 SCRA 154, the SC upheld the
constitutionality of an ordinance banning shipments of live fish
lobster outside Puerto Princesa and the protection of marine
coral dwelling saying that LGUs are directed by the LGC to enact
ordinances for the general welfare of the municipality and its
inhabitants, which shall include ordinances that protect the
environment and impose appropriate penalties for acts which
endanger the environment such as dynamite fishing and other
forms of destructive fishing. . . And such other activities which
result in pollution, acceleration of eutrophication of rivers and
lakes or of ecological imbalance.
Other laws
LGUs have the primary responsibility to implement and
enforce the provisions of the Ecological Solid Waste
Management Act ( Section 10).
In relation to the Philippine Environmental Impact
Assessment Statement System (PEISS) created under PD
1586, LGUs are given greater participation particularly with
environmentally critical projects. The local environment
and planning officers are invited as Resource Persons of the
EIARC who will participate in deciding whether to issue an
ECC.
Aspects of social acceptability in a proposed project other
than environmental aspects also fall within the jurisdiction
of the LGUs.
LGUs and Enforcement of
Environmental Laws
Since LGUs are tasked to aid the national government in
enforcing environmental laws, when LGUs fail to perform
this duty, can they be prosecuted for non-enforcement of
environmental laws?
As a general rule, the State cannot be sued without its
consent, except when it gives an express or implied consent
to be sued. The charter of LGUs provides that they can sue
and be sued and this serves as their general consent. An
LGU cannot be made liable for the torts of its officers in
their performance of governmental functions except in
those instances where the law expressly makes them so
liable example: Citizen suits under the Clean Air Act and
the Solid Waste Management Act.
RA 10174
People’s Survival Fund (PSF)
Is a law that amended the Climate Change Act of 2009
by establishing the country’s first legislated climate
change funding mechanism. The fund is dedicated to
supporting climate change adaptation and resiliencebuilding programs of LOCAL GOVERNMENTS and
communities.
Enacted in August 2012, the law stipulates the
allocation and maintenance of no less than P1B for the
Fund annually, appropriated through the General
Appropriations Act.
Philippine Environmental Impact
Statement System (PEISS)
Stakeholder participation in the field of environmental
management and protection is best displayed in the
objectives for establishing the System. The main
objective of the PEISS is to require every project
proponent to take the environment into consideration
in the implementation of its project in order to
provide adequate protection to the environment or at
least minimize the project’s potential negative
impacts.
Background of the PEISS
PD 1151 was passed in 1979 which declared the Government’s
recognition of the RIGHT OF THE PEOPLE TO A HEALTHY
ENVIRONMENT. In furtherance of this policy the law required all
agencies and instrumentalities of the national government, including
GOCC, as well as private corporation, firms, entities, to prepare, file
and include an Environmental Impact Statement (EIS) in every action,
project or undertaking which significantly affects the quality of the
environment. The EIS contains the environmental impact of the
proposed action, project or undertaking, its potential adverse
environmental effect and alternatives to the proposed activity.
Thereafter, PD 1586 was promulgated to give more teeth to this
requirement. PD 1586 established the EIS System, which provided a
systems-oriented and integrated approach to the filing of the EIS in
coordination with the whole environmental protection program of the
State. The system was eventually called the PEISS, which was derived
from the EIAS of the US.
EO 291 S. 1996 – Improving the
Environmental Impact Statement S
It is declared a policy of the State that optimum economic
development shall be achieved without delay and shall be
pursued consistent with the principles of SUSTAINABLE
DEVELOPMENT. Hence, the State shall ensure that the
present generation meets its needs without compromising
the ability of the future generations to meet their own
needs.
Project proponents are directed to simultaneously conduct
the environmental impact study and the feasibility study of
the proposed project. Proponents are urged to use
simultaneous conduct as a planning tool, with the end in
view of minimizing or managing adverse environmental
impacts of the proposed activity.
Requirement of Establishment of
In-House Environmental Units
National Government agencies, GOCCs, GFIs are
encouraged to create their respective environmental (EUs).
However, all agencies, whose mandate includes the
introduction of physical plants and infrastructure are
required to create their respective EUs.
The EUs of national government agencies, and GOCCs
shall assist in the preparation of EIS, ensure that their
respective agencies/GOCCs meet the procedural
requirements of the EIS System, facilitate the securing of
the ECCs of their respective projects and upon securing the
ECC, shall ensure the project’s compliance with the
conditions of the ECC.
DENR’s mandate to implement
the System
EO 291 seeks to further strengthen the Environmental
Management Bureau’s and the DENR Regional Office’s
capabilities to effectively and efficiently accomplish
their mandate in relation to the protection of the
environment, in general and the EIS System, in
particular.
Thus, the DENR and the EMB are tasked to monitor
compliance with the ECC, and be in-charge of the
formulation, dissemination and enforcement of
policies on environmental standards and compliance
monitoring.
What is the Environmental Impact
Assessment(EIA) Process?
The PEISS consists of the EIA process which is defined
as a “process of identifying and predicting the
potential environmental impacts (including biophysical, socio-economic and cultural) of proposed
actions, policies, programs and projects and
communicating this information to decision-makers
before they make decisions on the proposed actions.
The EIA process is a proponent-driven process
wherein the Proponent applies for an ECC by
submitting an Environmental Impact Statement.
Definition of EIA
It is a process that involves predicting and evaluating the
likely impacts of a project (including cumulative impacts)
on the environment during construction, commissioning,
operation and abandonment. It also includes designing
appropriate preventive, mitigating and enhancement
measures addressing these consequences to protect the
environment and the community’s welfare.
It is used to enhance planning and guide decision-making.
It is primarily required to integrate environmental concerns
in the planning process of projects at the feasibility stage.
EIA Process and the Project Cycle
The project cycle consists of the ff stages:
1. Pre-feasibility
2. Feasibility
3. Detailed Engineering and Design
4. Project Construction and Development
5. Operation and Maintenance
6. Project Conceptualization/Improvement
The process is designed to coincide with the project cycle at
every state beginning from pre-feasibility to project
conceptualization. The environmental impacts of the project
shall be determined and recommendations and guidance will be
provided at various stages of the project cycle.
Environmental Compliance
Certificate
Is a document issued by the DENR-EMB after a positive review of
an ECC application, certifying that the proponent has complied
with all the requirements of the EIS System and has committed
to implement its approved Environmental Management Plan.
It contains a summary of the information on the type, size and
location of the project, environmental impacts, the mitigating
measures and environmental management plan for the various
government agencies to consider in their decision-making
process.
This document is one of the requirements a Proponent must
obtain before it can begin or continue a project. Without the
ECC, the Proponent would not be able to acquire the necessary
approval from other government agencies and LGUs, thereby
effectively preventing it from proceeding with its project.
Difference of EIA and EIS
The Environmental Impact Statement is a document, while
the Environmental Impact Assessment is a process.
The EIS must be filed by a Proponent in order to obtain an
ECC. It is part of the EIA process.
Only projects covered by the EIA process are required to
obtain an ECC. Projects which are not covered have to
obtain a Certificate of Non- Coverage (CNC), instead of an
ECC. These projects can apply for a CNC by completing
and submitting a CNC application form to the DENR-EMB.
Read: Republic vs. City of Davao 388 SCRA 691
Boracay Foundation Inc. V Province of Aklan etc.
GR 196870 June 26, 2012
Pre-feasibility Stage
The most crucial stage in the EIA process is in this stage.
Malacanang Adm. Order No. 42 directs Project Proponents
to simultaneously conduct the environmental impact
study, required by the ECC application, and the feasibility
study of the proposed project.
The reason for this is that “ it is during the feasibility study
when a proponent defines its range of actions and
considers the project alternatives, thus, it is the most ideal
stage in the project cycle wherein the EIA study will have
its most added value.” (Revised Procedural Manual for
DAO No. 03-30).
EIA Process and the Enforcement
of other Environmental Laws
The EIA Process is only part of the country’s
environmental protection program. It supplements
and complements other existing environmental laws
by filling the gaps in certain environmental laws that
lack precise definitions. It is thus, a support system to
the enforcement of other Environmental laws.
By way of illustration, “the planting of greenbelts is
not a requirement under any environmental law but is
included in the ECC as a contractual obligation and
commitment of the project Proponent to the DENR.
EIA Process and other Agencies’
Requirements
It is inherent in the EIA process to undertake a
comprehensive and integrated approach in the review and
evaluation of environment-related concerns of Gas, LGUs
and the general public.
The findings in the EIA study will provide agencies with
guidance and recommendations which can prove useful in
evaluating the Proponent’s project. Therefore, the
issuance of the ECC comes ahead of the issuance of permits
by other pertinent government agencies. For this reason,
no permit or clearance issued by any other government
agency is required in processing ECC and CNC
applications.
Inter Agency Agreements
An inter-agency MOA on EIS Streamlining was entered in 1992 by 29
Gas wherein ECC of covered projects was agreed to be a pre-requisite of
all other subsequent government approvals.
DENR Memo Circular 2007-08 issued July 13,2007 reiterates the intent
of the MOA and reinforces the role of the ECC/CNC as a guidance
document to other Gas and LGUs such that:
1. The findings and recommendations of the EIA shall be transmitted
to relevant GAs for them to integrate in their decision making prior to
the issuance of clearances, permits and licenses under their mandates.
The final decision however, whether a project will be implemented or
not lies either with the LGUs who have spatial jurisdiction over the
project or with the lead GA who has sectoral mandate to promote
the government program where the project belongs, e.g. DOE for
energy projects, DENR-MGB for mining projects.
2. The issuance of an ECC or CNC for a project under
the EIS System does not exempt the proponent from
securing other government permits and clearances as
required by other laws.
3. Permits, licenses and clearances are inclusive of
other national and local government approvals such as
endorsements, resolutions, certifications, plans and
programs, which have to be cleared/approved or other
government documents required within the respective
mandates and jurisdiction of these agencies/LGUs.
4. Issues outside the DENR-EMB purview shall be
considered and evaluated within the EIA review process
but resolution shall be within the responsibility of the GA
or the LGU. For ex. Social acceptability within the EIA
process is limited to its environmental aspects, like EMB
can advice on magnitude of direct and indirect impacts,
extent of impact areas and nature of environmental
management measures needed to be considered in land
use rezoning, or in issuance of LGU endorsement or to
assuage the people’s fears and concerns on environmental
pollution, health and safety. Other aspects of social
acceptability shall be recognized by the DENR-EMB as
falling entirely within the LGU’s or respective GA’s
jurisdiction and authority.
Scope of the EIA Process
(Covered Projects)
Applies to projects which have been originally declared as
Environmentally Critical Projects (ECPs) or projects in
Environmentally Critical Areas (ECAs).
In addition, the DENR is authorized by law to expand the
scope of the EIA process to include Non-Environmentally
Critical Projects (NECPs) located in ECAs which may have
significant impact on the environment. (as provided in PD
1586 section 4).
The Proponents of these projects are required to obtain an
ECC. For those outside the coverage, they must acquire a
Certificate of Non-Coverage (CNC) from the DENR-EMB.
(Revised Procedural Manual for DAO 03-30).
PD 1586
Section 4 states that the President, by proclamation,
may declare certain projects, undertakings or areas in
the country as environmentally critical. Pursuant to
this, Proclamation No. 2146 and PD 803 were issued
establishing a list of ECP types and ECA categories.
Proclamation 2146 – Proclaiming certain areas and types
of projects as environmentally critical and within the
scope of the environmental impact statement system
established under PD 1586
Coverage of the EIS System
The projects covered by the EIA process are:
1. ECPs
2. ECAs
3. projects in ECAs
4. NECPs located in ECAs
which the DENR-EMB deem to have a potential significant
negative impact on the environment. These covered
projects are categorized into five (5) groups, each group
having its own subgroup. It is important to know which
group and subgroup a project falls under in order to
determine the particular requirements a Proponent will
have to submit in applying for an ECC.
5 Groups
1 - Single Environmentally Critical Projects (ECPs) in
either Environmentally Critical Areas (ECAs)
or Non-Environmentally Critical Areas (NECAs)
2 - Single Non-Environmentally Critical Projects (NECPs)
in Environmentally Critical Areas (ECAs)
3 - Single Non-Environmentally Critical Projects (NECPs)
in Non-Environmentally Critical Areas (NECAs)
4 – Co-located projects in either Environmentally
Critical Areas (ECAs) or Non-Environmentally
Critical Areas (NECAs)
5 - Unclassified Projects
Documentary Requirements
1. ENVIRONMENTAL IMPACT STATEMENT (EIS) - is a
document prepared and submitted by the project
proponent and/or EIA consultant that serves as an
application for an ECC. It is a comprehensive study of the
significant impacts of a project on the environment. It
includes an Environmental Management Plan that the
proponent will fund and implement to protect the
environment.
2. INITIAL ENVIRONMENTAL EXAMINATION REPORT
(IEE) - is a document similar to an EIS, but with reduced
details and depth of assessment and discussion.
3. PROGRAMMATIC ENVIRONMENTAL IMPACT
STATEMENT (PEISS) - is a documentation of
comprehensive studies on environmental baseline
conditions of a contiguous area. It includes an assessment
of the carrying capacity of the area to absorb impacts from
co-located projects such as those in industrial estates or
economic zones (ecozones).
4. ENVIRONMENTAL PERFORMANCE REPORT AND
MANAGEMENT PLAN (EPRMP) - is a documentation of
the actual cumulative environmental impacts and
effectiveness of current measures for single projects that
are already operating but without ECCs.
5. PROGRAMMATIC ENVIRONMENTAL
PERFORMANCE REPORT AND MANAGEMENT PLAN
(PEPRMP) - is documentation of actual cumulative
environmental impacts of co-located projects with
proposals for expansion. The PEPRMP should describe the
effectiveness of current environmental mitigation
measures and plans for performance improvement.
It is important to know which group a project falls under in
order to determine the appropriate documentary
requirements to submit.
Procedure for ECC application
Stage 1. Screening
The EIA Procedure for ECC application has six (6)
consecutive stages:
1. SCREENING - this stage is uniform in all ECC
applications regardless of whether the project is single, colocated, new and existing, with or without ECCs, or
proposing for resumption of operation or project
expansion/modification. In this stage, it is determined
whether a project is covered or not thru the EIA Coverage
and Requirements Screening Checklist (ECRSC).
The ECRSC is a self-screening tool for the Proponent to
determine coverage under the PEISS and the corresponding
requirements to comply with the system. The checklist
serves as a Site Inspection Report Form of the EMB for
ECC/CNC application.
Stage 2. Scoping
Three (3) levels of scoping activity:
1. Project Briefing meeting with review team,
2. Public Scoping with community; and
3. Technical Scoping with review team
Before going thru the three levels, social
preparation or information, education and
communication of LGUs with jurisdiction over the
project area shall be done first. The Proponent
initiates this activity, the result of which is used as a
basis for the identification of stakeholders and issues
in preparation for Public Scoping.
After the information, education and communication of
LGUs, the Proponent shall request for public scoping with
the EMB by submitting five(5) sets of Pro-forma Letters of
Request for Scoping with an attached Pro-Forma
Description for Scoping. These letters must also include a
filled-out EIA Scoping/Procedural Screening Checklist
(SPSC).
Within 5 working days from receipt of the letter-requests,
the EMB shall form the prospective Review Team which
shall consist of an EMB Case Handler, 3rd party EIARC
members and/or Resource Persons. In coordination with
the Proponent, the EMB shall confirm the date and venue
of the Three-Level Scoping Activity.
During the 1st level, the Proponent shall present a project
overview, key issues, proposed terms of reference of the
EIA Study and the SPSC.
The 2nd level, Public Scoping, is with project stakeholders.
The community sector will raise issues which shall be
addressed in the EIA study. This level is not required for
projects requiring PEPRMP, EPRMP Report types and for
projects in national waters that are outside of the
jurisdiction of any LGU.
In the 3rd level, the SPSC presented by the Proponent
during Project Briefing shall be reviewed, finalized and
signed by the Review Team and the Proponent.
Stage 3. EIA Study and Report
Preparation
In this stage, the Proponent shall undertake an EIA
Study with the assistance of its EIA Preparer Team.
This stage is wholly within the control of the
proponent. The DENR-EMB is not allowed to take
part in the EIA Study or in the preparation of the
report.
Stage 4. EIA Report Review and
Evaluation
After conducting and preparing the EIA Study and EIA
Report, the Proponent will submit a copy of the report and
the filled-out Procedural Screening portion of the SPSC to
the EMB for screening and evaluation. Within 3 days from
receipt of the EIA Report, the Screening Officer will
validate the procedural screening done by the proponent.
If the document conforms to the rules provided, a copy of
the validated SPSC shall be given to the Proponent, who
will then be instructed to pay the filing fee, set up a Review
Fund, and thereafter show the receipt to the EMB Case
Handler for the processing of the application. Otherwise,
the SPSC shall be returned.
Number of EIA Reports required
Once the requirements have been fulfilled, the
Proponent will submit the appropriate number of EIA
Reports to the EMB Case Handler.
ECC applications requiring PEIS -
10 hard + 1CD
ECC applications requiring EIS 7 hard + 1CD
ECC applications requiring PEPRMP - 5 hard + 1CD
ECC applications requiring EPRMP - 5 hard + 1CD
Stage 5. Decision Making
Once the Proponent submits the appropriate number of
EIA Reports, the EMB-controlled review process shall
begin. A Review Team composed of the EMB Case
Handler, EIARC and Resource persons shall conduct the
substantive review of the report. The review shall consist
of a maximum of 3 meetings.
During the review, the Review Team is allowed only two
additional information requests from the Proponent. If
the Proponent fails to submit the Additional Information
within the period prescribed the Review Team, the review
process would be terminated and the EIA Report would be
automatically returned to the Proponent. The Proponent
will be given one (1) year to resubmit without having to pay
processing and other fees.
The Review Team can also conduct
SITE VISITS,
PUBLIC CONSULTATIONS, or
PUBLIC HEARINGS
depending on the Report Type required to be submitted.
Offshore projects are not covered by SV, PC/PH if there are
no residents on site, no communities deriving livelihood
from the site and project area is outside LGU jurisdiction.
Within 5 days from receipt of EIARC Report, the EMB Case
handler shall prepare and submit the Review Process
Report (RPR) /Recommendation Document to the EIAMD
Review Section or EIAM Division Chief. Afterwards, the
EMB Chief or EMB Director will endorse the
recommendation and then issue the CASE DECISION
DOCUMENT which can either be an ECC or a Letter of
Denial.
If an ECC is issued, the EIARC Chair must sign Annex B of
the ECC. This portion is mandatory because it contains the
relevant EIA Findings and Recommendations to the
Proponent on issues both within the DENR-EMB mandate
and those within the jurisdiction of other concerned
government agencies or LGUs.
The ECC shall contain the scope and limitations of the
approved activities as well as conditions to ensure
compliance with the Environmental Management Plan.
The ECC shall also specify the setting up of an
Environmental Monitoring Fund (EMF) and
Environmental Guarantee Fund (EGF). No ECC shall be
released until the proponent has settled all liabilities, fines
and other obligations with DENR.
After the issuance, the EMB will transmit the ECC to the
concerned government agencies and LGUs with a mandate
on the project for the integration of recommendations into
their decision making process.
If a letter of denial is issued, an explanation of the reason
for the disapproval of the application shall be given
together with a guidance on how the application can be
approved.
The Decision Document shall be issued directly to the
project proponent or its duly authorized representative and
receipt of the letter shall be properly documented.
The ECC of a project not implemented within 5yrs from its
date of issuance is deemed expired. The Proponent shall
have to apply for a new ECC if it intends to pursue the
project. The reckoning date of project implementation is
the date of ground breaking, based on the proponent’s
work plan as submitted to the EMB.
Approving Authority of ECC
applications (ECProjects)
DENR Secretary/EMB Director (40 working days)
- co-located applying for Programmatic ECC
- mining projects
- forestry projects
- other types
EMB Regional Director ( 20 working days)
- EIS or PEDRMP-based
- IEE or EPRMP-based
The time frame is the period within which the EMB shall issue the
decision on the application. The period begins once the application
documents and the payment of the required processing and review
fees are received by EMB.
Legal Basis for requirement of ECC
Sec. 4 of PD 1586 states:
No person, partnership or corporation shall
undertake or operate any such declared
environmentally critical project or area without first
securing an Environmental Compliance Certificate
issued by the PRESIDENT or his DULY
AUTHORIZED REPRESENTATIVE.
DENR having the mandate, the DENR Secretary and
EMB Officers are authorized to issue the ECC and
monitor compliance thereto.
Stage 6 – Monitoring, Validation
and Evaluation/Audit
Although this stage is not part of the issuing process of the ECC, it still
forms part of the stages of the EIA process and is applicable to all types
of ECC applications because it is concerned with the ff:
a. Project compliance with the conditions set in the
ECC
b. Project compliance with the Environmental
Management Plan (EMP)
c. Effectiveness of environmental measures on
prevention or mitigation of actual project impacts
vis-a-vis the predicted impacts used as basis for the
EMP design and
d. Continual updating of the EMP for sustained responsiveness
to project operations and project impacts.
Roles and Responsibilities of
Monitoring
Proponents issued ECCs are primarily responsible for
monitoring their projects.
Multi-partite Monitoring Teams (MMTs) are organized to
encourage public participation, to promote greater
stakeholder vigilance and to provide appropriate check and
balance mechanisms in the monitoring of project
implementation. The MMT is recommendatory to EMB.
MMTs have the primary responsibility of VALIDATION of
proponent’s environmental performance.
The EMB shall be primarily responsible for the over-all
evaluation/audit of the proponent’s monitoring and the
MMT validation.
EMF and EGF
The Environmental Monitoring Fund (EMF) is a fund
that a proponent establishes in support of the
activities of the MMT.
The Environmental Guarantee Fund (EGF) is required
to be established for all co-located or single projects
that have been determined by DENR to pose a
significant public risk or where the project requires
rehabilitation or restoration.
Monitoring of CNCs
Projects issued Certificate of Non-Coverage (CNC) are not
subject to monitoring under the EIS System. Similarly,
projects issued ECCs under the old IRRs of PD 1586 but are
now non-covered shall be relieved of their ECC
commitments upon written confirmation by the EMB
provided the Proponents do not have pending
accountabilities. Environmental monitoring of these
projects shall be under the purview of any or all of the ff
entities:
1. EMB Pollution Control Division
2. Lead Government Agency
3. other Government Agencies
4. LGUs
Appeal Procedures
An appeal can be made for any of the ff decisions:
1. Issuance or non-issuance of the ECC
2. Ask for penalty reduction
3. Reconsideration of the order to cease and desist
operation
WHO MAY APPEAL
The proponent or any stakeholder, including but not limited to, the
LGUs concerned and affected communities.
Level of Appeals
Any party aggrieved by the decision of the approving/issuing
authority may appeal to the next administrative level. For such
purpose, the level of appeal are as follows:
Level of Appeals
An appeal on the decisions of the Division Chief shall
be submitted to the Regional Director.
An appeal on the decisions of the Regional Director
shall be submitted to the DENR-EMB Director.
An appeal on the decisions of the EIA Division Chief
(DENR-EMB Central Office) shall be submitted to the
DENR-EMB Director.
An appeal on the decisions of the DENR-EMB Director
shall be submitted to the DENR Secretary. In any case,
the decision of the Secretary shall be immediately
executory.
Grounds for Appeal
The grounds for appeal shall be limited to GRAVE ABUSE
OF DISCRETION and SERIOUS ERRORS IN THE
FINDINGS OF FACT, which would cause grave or
irreparable injury to the aggrieved party.
Frivolous appeals shall not be countenanced.
The appeal shall be taken by filing a NOTICE of APPEAL
with the appropriate appeal authority copy furnishing the
Record Office of the DENR Office concerned and nonapplicant stakeholders (if applicable). The Notice of
Appeal may be in the form of a letter or pleading, and
should clearly state the basic terms of the Order being
appealed from, the grounds for the appeal, and the fact
that the notice is being made within the prescribed period.
Decisions of the approving/issuing authority that may be subject
to appeal include those relating to the issuance or non-issuance
of an ECC, and the imposition of fines and penalties. Resort to
courts prior to availing of this remedy (administrative appeals)
would make the appellant’s action DISMISSIBLE on the ground
of non-exhaustion of administrative remedies.
Fifteen (15) days from receipt of the decision on the issuance or
non-issuance of an ECC is the period during which the aggrieved
party may file an appeal. Failure to do so within the requisite
period will result in the finality of the RD’s or Secretary’s
decisions which can no longer be changed.
An appeal shall not stay the effectivity of the RD’s decision,
unless the Secretary directs otherwise.
Motion for Reconsideration
The right to appeal does not prevent the aggrieved party
from first resorting to the filing of a motion for
reconsideration with the issuing/approving authority
within 15 days from receipt of the decision or approval in
order to give the issuing/approving authority an
opportunity to re-evaluate his decision.
Upon receipt – assign to a case handler
Transfer of Authority to resolve to the next level
of authority by forwarding case records
If a motion for reconsideration is denied, the aggrieved
party may file an appeal to the next level of authority.
Final Decision Document
Is the CASE RESOLUTION DOCUMENT (CRD). It shall
be served to the proponent through the DENR-EMB
Regional Office concerned.
If the ECC application is denied, the proponent may file a
new application. The filing of a new application shall
however, result on the waiver of the proponent’s right to
file a motion for reconsideration or appeal from the order
denying its original application. The EMB or Regional
Office can not refuse to accept the new application and
may only deny said application if it appears that said
application does not differ significantly from the previous
application, or if the EIARC determines that the new
application is still environmentally unacceptable.
Administrative Investigation
On Handling of complaints or Adverse Monitoring Findings
(alleged violations of proponents to the ECC, EMP or other
requirements of PD 1586).
We said that an Appeal may be taken:
- penalty reduction
- reconsideration of CDO
Procedure to appeal a Notice of Violation
Filing a Motion for Reconsideration within 15 days from
receipt of the Case Decision Document. If the case is founded
on a commonly encountered nature of violation, the appeal may
be pursued in the same office as the issuing authority of the
CDD. The proponent/complainant may elevate complex cases
to the next level of authority. -Section 26 on administrative
investigation of the Revised Procedural Manual for DAO 2003-30
Scope of Violations (a – e)
Classes of Violations of PD 1586 and DAO 2003-30:
a.) Projects with or without ECCs which pose grave and/or irreparable
danger to environment, life and property wherein causes are not
regulated by any specific environmental law;
b.) Projects are established and/or operating without an ECC. A
Project that has commenced its implementation is deemed operating
without an ECC whether or not it is in actual operation.
“Operating without an ECC” refers to all projects that were
implemented without ECC but should have secured one as provided for
by PD 1586, IRR effective at the time.
Operating with an ECC secured from agencies or entities other than
DENR is also considered “operating without an ECC”. Covered projects
operating without an ECC shall not be issued EMB regional
environmental permits by EMB-PCD/EQD until such projects have
complied with the PEISS in securing an ECC.
Cont. Scope of Violations
c.) Violations of conditions of ECCs with old format
referring to submission of documents, conduct of studies
and other conditions within the mandate of other agencies
(Relocation Plan under HLURB/NHA; Traffic Mgmt Plan
under LGU; Occupational Health and Safety Plan under
DOLE; Epidemiological Studies under DOH; etc.)
Violations shall be limited to procedural or
administrative non-compliance (Minor Offense # 1 on delay
or non-submission). The acceptability of these documents
based on substantive evaluation cannot be a ground for
violation under PD 1586. Mandated agencies shall have
primacy of jurisdiction on assessing compliance with these
requirements.
Cont. Scope of Violations
d.) Projects violating ECC conditions and EMP Commitments
and other procedural requirements of the PEISS.
Violations in relation to ECC conditions are classified as
MINOR and MAJOR offenses, differentiated by schedule of fines
based on seriousness and gravity of the offense.
MINOR offenses – violations of administrative conditions in the
ECC and the EIS System procedures, rules and regulations that
will NOT have direct significant impact on the environment but
can impede or delay compliance against other ECC conditions
and/or EMP commitments which the proponent is required to
comply or can prevent/deter EMB from performing monitoring
or audit functions on the proponent’s environmental
performance, such as:
Minor Offenses
1. non submission or delay in submission of reports/requirements
2. transfer of ownership of the project/ECC without prior approval from
ECC issuing authority
3. delay or failure to initiate formation or implementation of ECC
conditions which do not have significant impacts on the environment,
such as formation of EU, MMT, EMF, EGF, enhancement measures and
other similar/equivalent requirements prior to the required deadline in
the ECC
4. non-compliance with other administrative conditions in the ECC
5. non-compliance with administrative and technical procedural
guidelines in the DAO 2003-30 and its Revised Procedural Manual and
6. other offenses deemed “minor” at the discretion of the EMB CO/
RO Director.
Major Offenses
Violations of substantive conditions in the ECC and the EIS System
procedures, rules and regulations that will have significant impact on
the environment and which proponent is required to comply, such as:
1. non-implementation of substantive conditions in the ECC on the
EMP and EMoP and other related substantive commitments in the EIA
Report, including modifications during EIA Report Review;
2. exceedance of project limits or area
3. significant addition of project component or product without prior
DENR-EMB approval
4. major change in project process or technology resulting in
unmitigated significant impacts not addressed by approved EMP;
5. other offenses deemed “major” at the discretion of the EMB CO/ RO
Director
Cont. Scope of Violations
e.) Misrepresentation in the EIA Report or any other
EIA documents.
All misrepresentations, whether material or minor
constitute violations on the theory that full disclosure
in the EIA Report is the key to the effective use of the
EIS System as a PLANNING and MANAGEMENT
TOOL.
Legal Basis of Fines and Penalties
The fines, penalties and sanctions of the PEISS is based on
Section 9 of PD 1586 which provides:
“Penalty for Violation. Any person, corporation or
partnership found violating Section 4 of this Decree, or the
terms and conditions in the issuance of the ECC or of the
standards, rules and regulations issued by the NEPC (now
DENR-EMB) pursuant to this Decree shall be punished the
SUSPENSION or CANCELLATION of his/its certificate and/or a
FINE in an amount not to exceed P50,000 FOR EVERY
VIOLATION thereof, at the discretion of the NEPC.”
The authority to impose fines and penalties is vested on the
Directors of the EMB Central Office or Regional Office upon
persons and entities found violating provisions of PD 1586 and
its IRRs.
Assessment and Computation
of Fines
a.) Failure to pay a fine imposed by the Secretary, EMB Director
or the RD constitutes an offense separate from the original
offense that brought about the imposition of the original fine
and may warrant the imposition of another fine, and/or the
issuance of a CDO.
b.) For projects operating without an ECC:
The sum of P50,000 is set as reduced at the discretion of the
Secretary, the EMB Director, or the RD, considering the
circumstances of each case, i.e. Impact of the violation on the
environment. (See schedule of penalty reduction in case of
“Operating without ECC).
Note: A maximum of 80% reduction in penalty can only be
imposed provided that the project proponent meets all the
criteria for reduction.
Schedule of Penalty ReductionPercent reduction= Peso deduction
1. Timing of ECC application
Proponent applied for ECC before issuance of NOV
(notice of violation) - 25% = P12,500
2. Percentage Project Completion
Project 25% complete - 10% = P5,000
Project > 25% but < 50% complete - 5% = P2,500
Project > 50% complete - no reduction
3. Project Cost
Project < P5M - 20% = P10,000
Project > P5M - 10% = P5,000
4. Project Impact on the Environment
Project does not cause adverse environmental impacts 25% = P12,500
c.) In case of violation of ECC conditions, EMP, or
EIS rules and regulations:
The sum of P50,000 is again set as the maximum
amount of the fine PER VIOLATION. Violation of one
condition in the ECC is an offense separate and
distinct from the violation of another condition. It is
possible that a respondent be subjected to a fine of
more than P50,000 if more than one ECC condition is
violated. However, the amount of fine per violation
may be accordingly reduced. (See schedule of penalty
reduction).
Schedule of Penalty Reduction
MINOR Offenses
- Penalty
1st offense - P10,000
2nd offense - P25,000
3rd offense - P50,000
4th offense - P50,000 plus ECC suspension with
option of DENR-EMB to cease
operations if deemed necessary but
with corresponding requirement for
continued EMP implementation
MAJOR offenses
Penalty
1st offense - P25,000
2nd offense –P50,000
3rd offense – P50,000 plus ECC suspension with
option of DENR-EMB to cease
operations if deemed necessary but
with corresponding requirement for
continued EMP implementation
d.) Misrepresentation in the EIA Reports or any other
documents submitted by the proponent.
This violation shall be subjected to due process and
may result to a fine in a fixed maximum amount of
P50,000 for every proven misrepresentation. The
proponent and the preparer responsible for the
misrepresentation shall be solidarily liable for the
payment of the fine, without prejudice to other EMB
actions towards the proponent or preparer who
repeatedly commit the same offense.
Suspension of ECCs
ECCs may be suspended for violation of proponents to
comply with ECC conditions. The suspension does not
necessarily mean the proponent is absolved of its
responsibility in implementing its approved EMPlan.
PD 1586 does not preclude the fact that DENR may
require the proponent to institute environmental
safeguards/measures to prevent further threat or
actual damage to the environment.
Authority to issue
Cease and Desist Order (CDO)
The EMB Director or the EMB-RD may issue a CDO
based on violations under the PEISS which cannot be
attributed to specific environmental laws (Clean Air
Act, Clean Water Act, Toxic Substances Act etc.)
and/or which present grave or irreparable damage to
the environment. Such CDO shall be effective
immediately.
An appeal or any motion seeking to lift the CDO shall
not stay its effectivity. However, the DENR-EMB shall
act on such appeal or motion within ten (10) working
days from filing.
Publication of Firms
violating PD 1586
The EMB may publish the identities of firms that are
in violation of PD 1586 and its IRRs despite repeated
Notices of Violation.
RA 10587 - Environmental Planning
Act of 2013
An Act Regulating the Practice of Environmental Planning,
repealing PD 1308
Declaration of Policy – The State recognizes the
importance of environmental planning in nation-building
& development. It shall develop & nurture competent,
virtuous, productive & well rounded professional
environmental planners whose standards of practice &
service shall be excellent, world class & globally
competitive thru honest, effective, relevant & credible
licensure examinations & thru regulatory programs,
measures & activities that foster their professional growth,
social responsibility and development.
Coverage of the Act
The Act shall cover the ff aspects of the practice of the
profession:
1. examination, registration & licensure of environmental
planners
2. Supervision, control & regulation of the practice of
environmental planning
3. development, upgrading & updating the curriculum of
the environmental planning profession; and
4. development & improvement of the professional
competence & practice of environmental planners thru
among others, continuing professional education and
development.
Scope of Practice
a) providing professional services in the form of technical consultation,
rendering of technical advice, plan preparation, capacity building &
monitoring & evaluation of implementation involving the ff
1. National, regional or local dev &/or physical framework &
comprehensive land-use plans
2. Zoning & related ordinances, codes & other legal issuances for the
development & management, preservation, conservation,
rehabilitation, regulation & control of the environment, including all
land, water, air & natural resources;
3. Planning & dev of a barangay, municipality, city, province, region or
any portion or combination thereof;
4. development of a site for a particular need or special purpose, such
as economic or ecological zones, tourism development zones, &
housing & other estate development projects, including the creation of
any other spatial arrangement of buildings, utilities, transport & comm
b) In relation to any of the activities enumerated in par (a),
preparing the ff studies:
1. Pre-feasibility, feasibility & other related concerns
2. Environmental assessments, and
3. Institutional, administrative or legal systems
c) Curriculum & syllable development in licensure examinations
for environmental planners & teaching in academic institutions
& conducting review courses in environmental planning
d) serving as expert witness, resource person, lecturer, juror or
arbitrator in hearings, competitions, exhibition & other public
fora, conduct of hearings, competitions, exhibits & other public
fora;
e) Ensuring compliance with environmental laws including the
acquisition of regulatory permits.
Professional Regulatory Board of
Environmental Planning
A BOARD is created composed of a Chairperson and 2 members
under the administrative control and supervision of the PRC.
They shall hold office for a term of 3 years, with reappointment
for another 3 years but not more than 2 terms nor more than 6
years.
QUALIFICATIONS of Board members:
1. A citizen and resident of the Philippines
2. of good moral character & of sound mind
3. a holder of a Master’s Degree in Environmental Planning or its
equivalent
4. A registered & licensed environmental planner with a valid
Certificate of Registration & a Professional ID card & with at
least 7 years of practice in environmental planning prior to
his/her appointment
5. Not a member of the faculty of any school, college or
university where a regular academic course or review
course in environmental planning is offered, nor a
member of the staff or reviewers in a review school or
center & does not have any direct or indirect pecuniary
interest in such an institution;
6. A member in good standing but not an officer or
trustee thereof of the Accredited Professional
Organization; and
7. Not convicted by a court of competent jurisdiction
of an offense involving moral turpitude.
