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Environmental Laws in the Philippines

As you go through this chapter, you will be able to:

1. Identify the major environmental laws in the Philippines.
2. Discuss the penalties and sanctions for disobeying those environmental laws.
3. Enumerate the government sectors that are responsible for implementing those
environmental laws.

Presidential Decree No. 1586 - ENVIRONMENTAL IMPACT STATEMENT SYSTEM (EIA)

 The process of predicting the likely environmental consequences of implementing a
project and designing appropriate preventive mitigating and enhancement measures.
Environment Compliance Certificate (EEC)
 Document issued by the DENR/EMB after a positive review of an ECC application,
certifying that based on the representations of the proponent, the proposed project or
undertaking will not cause significant negative environment impact.
Certificate of Non-Coverage (CNC)
 Document issued by the DENR/EMB after a positive review of an ECC application,
certifying that based on there presentations of the proponent, the proposed project or
undertaking will not cause significant negative environmental impact.
Environmentally Critical Project (ECP)
 Project or program that has high potential for significant negative environmental
impact.v
Environmental Compliance Assistance (ECA)
 Area delineated as environmentally sensitive such that significant environmental
impacts are expected if certain types of proposed projects or programs are located,
developed or implemented.

List of ECPs As declared by proclamation No. 2146 (1981)

Heavy Industries
 Non-ferrous Metal Industries, Iron and Steel Mills

Resource Extractive Industries

 Major Mining and Quarrying Projects, Forestry Projects (logging, major wood processing
projects, introduction of fauna (exotic animals) in public and private forests
Infrastructure Projects
 Major Dams, Major Power Plants (fossilfueled, nuclear fueled, hydroelectric or
geothermal).

As declared by Proclamation No. 803 (1996)

 All golf course projects

List of ECA Categories

As declared by proclamation No. 2146 (1981)

 All areas declared by law as national parks, water shedre serves, wildlife preserves,
wildlife preserves, sanctuaries.
 Areas set aside as aesthetic potential tourist spots
 Areas which constitute the habitat of any endangered or threatened species of the
Philippine wildlife (Flora and Fauna)
 Areas of unique historic, archaeological or scientific interest
 Areas which are traditionally occupied by cultural communities or tribes
 Areas frequently visited and/or hard hit by natural calamities (geologic hazards, flood,
typhoons, volcanic activity, etc.)
 Areas with critical slopes

 Areas classified as prime agricultural land

 Recharged areas of aquifers

 Water bodies characterized by one or any combination of the following conditions:

tapped for domestic purposes; within the controlled and/or protected areas declared by
appropriate authorities; which support wildlife and fishery activities
 Mangrove areas characterized by one or any combination of the following conditions:
with primary pristine and dense young growth; adjoining mouth of major river systems,
near or adjacent to traditional productive fry or fishing grounds; areas which act as
natural buffers against shore erosion, strong wind sandstorm floods; areas on which
people dependent for their livelihood.
 Coral reefs characterized by one or any combination of the following conditions: with
50% and above live coralline cover; spawning and nursery grounds for fish; acts as
natural break water of coastlines.
 Class 1 and 2 Caves (Memorandum Circular No.2014-004 dated June 6, 2014 Declaring
Class 1 and 2 cave as Environmentally Critical Ares(ECAs)

Environmental Impact Assessment (EIA)

Environmental Impact Statement (EIS)

 Document, prepared and submitted by the project proponent and/or EIA Consultant
that serves as an application for an ECC.
Initial Environmental Examination (IEE)
 Document similar to an EIS, but with reduced details and depth of assessment and
discussion
Initial Environmental Examination (IEE) Checklist
 Document similar to IEE, however, it is a question and answer form documents.

DENR MC NO. 2007 -08

 No permits, and/or clearances issued by other National Government Agencies and Local
Government Units shall be required in the processing of ECC or CNC applications.
 The findings and recommendations of the EIA shall be transmitted to relevant
government agencies for them to integrate in their decision making prior the issuance of
clearances, permits and licenses under their mandates.
 The issuance of an ECC or CNC for a project under theEIS System does not exempt the
proponent fromsecuring other government permits and clearances asrequired by other
laws.

RA 9275 - PHILIPPINE CLEAN WATER ACT OF 2004

 The Philippine Clean Water Act of 2004 (Republic Act No. 9275) aims to protect the
country’s water bodies from pollution from land-based sources (industries and
commercial establishments, agriculture and community/household activities).
Salient Features of the Clean Water Act of 2004
 The State shall pursue a policy of economic growth in a manner consistent with the
protection, preservation and revival of a quality of our fresh, brackish and marine
waters. . To achieve this end, the framework for sustainable development shall be
pursued. As such, it shall be the policy of the State to:
 Streamline processes and procedures in the prevention, control and
abatement of pollution of the country’s water resources;
 Promote environmental strategies, use of appropriate economic
instruments and of control mechanisms for the protection of water
resources;
 Formulate a holistic national program of water quality management that
recognizes that water quality management issue cannot be separated
from concerns about water sources and ecological protection , water
supply, public health and quality of life;
 Formulate an integrated water quality management framework through
proper delegation and effective coordination of functions and activities;
 Promote commercial and industrial processes and products that are
environment friendly and energy- efficient;
 Encourage cooperation and self-regulation among citizen and industries
through the application of incentives market-based instruments and to
promote the role of private industrial enterprises in shaping its regulatory
profile within the acceptable boundaries of public health and
environment;
 Provide for a comprehensive management program for water pollution
focusing on pollution prevention;
 Promote public information and education to encourage the participation
of an informed and active public in water quality management and
monitoring; and
 Formulate and enforce a system of accountability for short and long term
adverse environmental impact of a project, program or activity.
 Encourage civil society and other sectors, particularly labor, the academe
and business undertaking environment-related activities in their efforts
to organize, eradicate and motivate the people in addressing pertinent
environmental issue and problems at the local and national levels.

It mandates the various government agencies to do the following in support of the Act:

Department of Environment and Natural Resources (DENR)

- act as overall of the lead agency; prepare a National Water Quality Status Report.
Philippine Coast Guard (PCG )
– shall enforce standards and regulations in offshore areas including the discharge of
wastewater by ships.
Department of Public Works and Highways (DPWH)
- together with the DENR and LGUs shall prepare a national program on sewerage and
septage management.
Department of Health (DOH)
- shall provide specific health criteria and data related to the promulgation, revision and
enforcement of drinking water quality standrads
Metropolitan Waterworks and Sewerage System (MWSS) and Local Water
Utilities Authority (LWUA) – shall contribute inputs relative to the responsibilities of
concessionaires and water districts in sewerage, septage and sanitation management.
Department of Education (DepEd), Commission on Higher Education (CHED) ,
Department of Interior and Local Governments (DILG) and the Philippine
Information Agency ( PIA)
– shall prepare and implement a comprehensive and continuing public education and
information program
Department of Energy ( DOE)
– with the DENR shall formulate water quality criteria and standards specifically for
geothermal exploration that encounters reinjection constraints
Department of Science and Technology ( DOST)
– with the DENR shall prepare a program for the evaluation, verification, development and
public dissemination of pollution prevention and cleaner production technologies.

RA 8749 - PHILIPPINE CLEAN AIR ACT OF 1999

- Republic Act No. 8749, otherwise known as the Philippine Clean Air Act, is a
comprehensive air quality management policy and program which aims to achieve and
maintain healthy air for all Filipinos.
Salient Features of the Clean Air Act of 1999
- The State shall pursue a policy of balancing development and environmental protection.
To achieve this end, the framework for sustainable development shall be pursued. As
such, it shall be the policy of the State to:

 Formulate a holistic national program of air pollution that shall be

implemented by the government through proper delegation and effective
coordination of function and activities;

 Encourage cooperation and self-regulation among citizen and industries

through the application of incentives market-based instruments;

 Focus primarily on pollution prevention rather than on control and

provide for a comprehensive management program on air pollution;

 Promote public information and education to encourage the participation

of an informed and active public in air quality planning and monitoring;
and

 Formulate and enforce a system of accountability for short and long term
adverse environmental impact of a project, program or activity. This shall
include setting up of a funding or guarantee mechanism for clean-up and
environmental rehabilitation and compensation for personal damages.
It mandates the various government agencies to do the following in support of the Act:
Department of Environment and Natural Resources (DENR)
- act as overall of the lead agency; prepare a National Air Quality Status Report which
shall be used as a basis in formulating the Integrated Air Quality Improvement
Framework; issue rules and regulations in the implementation of the Act.
Department of Transportation and Communication (DOTC)
– in coordination with the DENR in case of industrial dischargers and the DOTC, in case
of motor vehicles, shall, based on environmental techniques, design, impose on and
collect regular emission fees from all said dischargers as part of the emission permitting
system or vehicle registration renewal system, as the case may be; implement the
emission standards for motor vehicles
Department of Science and Technology ( DOST)
– with the DENR, other agencies, private sector , the academe, non-government
organizations and people’s organization, shall establish a National Research
Development Program for the prevention and control of air pollution.
Department of Trade and Industry (DTI) , DOST Local Government Units (LGUs)
- together with the DENR shall develop an action plan for the control and management
of air pollution from motor vehicles with the Integrated Air Quality Management
Framework.
DOTC, DTI and DENR
- shall establish the procedures for the inspection of motor vehicles and the testing of
their emissions for the purpose of determining the concentration and/or rate of
emission of pollutants discharged by the said sources.
Department of Energy ( DOE)
- co-chaired with the DENR, in consultation with the Bureau of Product Standards of DTI,
DOST with the fuel and automotive industries, academe and the consumers – shall set
specifications for all types of fuel and fuel related products, to improve fuel composition
for increased efficiency and reduced emissions.
Philippine Atmospheric, Geophysical and astronomical Service Administration
(PAGASA)
– shall regularly monitor meteorological factors affecting environmental conditions
including ozone depletion and greenhouse gases
Philippine Nuclear Research Institute (PNRI)
– with the DENR shall regulate all projects which will involve the use of atomic and/or
nuclear energy, and will entail release of radioactive substances into the environment,
incident to the establishment or possession of nuclear energy facilities and radioactive
materials, handling, transport , production , storage and use of radioactive materials.
Department of Education (DepEd), Commission on Higher Education (CHED) ,
Department of Interior and Local Governments (DILG) and the Philippine Information
Agency ( PIA)
– shall encourage participation of government agencies and the private sector including
NGOs, POs, academe, environmental groups and other private entities in a multi-
sectoral campaign.
RA 6969 - TOXIC SUBSTANCES AND HAZARDOUS AND NUCLEAR WASTE
CONTROL ACT OF 1990
- Under this act, the importation, manufacture, processing, handling, storage, transportation,
sale, distribution, use and disposal of all unregulated chemical substances and mixtures in the
Philippines.

Objectives of RA 6969
- To keep an inventory of chemicals that are presently being imported, manufactured, or used,
indicating, among others, their existing and possible uses, test data, names of firms
manufacturing or using them, and such other information;
- To monitor and regulate the importation, manufacture, processing, handling, storage,
transportation, sale, distribution, use and disposal of chemical substances and mixtures that
present unreasonable risk or injury to health or to the environment in accordance with national
policies and international commitments;
- To inform and educate the populace regarding the hazards and risks attendant to the
manufacture, handling, storage, transportation, processing, distribution, use and disposal of
toxic chemicals and other substances and mixture; and
- To prevent the entry, even in transit, as well as the keeping or storage and disposal of hazardous
and nuclear wastes into the country for whatever purpose.