1

2. RA 8749 : Philippines: Clean Air Act Government in air pollution cases, guarantee restoration of ecosystem and rehabilitate areas affected by the acts of
violators of this Act.
Overview: The Clean Air Act outlines the government’s measures to reduce air pollution and incorporate
environmental protection into its development plans. It relies heavily on the polluter pays principle and other market- Air Pollution Research and Development Program. The Department in coordination with the Department of Science and
based instruments to promote self-regulation among the population. It sets emission standards for all motor vehicles Technology (DOST), other agencies, the private sector, the academe, NGOs and POs, shall establish a National Research
and issues registration only upon demonstration of compliance. It also issues pollutant limitations for industry. and Development Program for the prevention and control of air pollution.
Polluting vehicles and industrial processes must pay a charge. Any individual, enterprise, corporation or groups that
installed pollution control devices or retrofitted its existing facilities to comply with the emissions standards in the Act AIR POLLUTION CLEARANCES AND FOR STATIONARY SOURCES
can apply for tax incentives of accelerated depreciation, deductibility of R&D expenditures or tax credits on the VAT of
the equipment and are exempt from real property tax on the machinery or equipment used to comply. It also establishes Permits. - Consistent with the provisions of this Act, the Department shall have the authority to issue permits as it may
a R&D program for air pollution reduction mechanisms and technologies. It bans incineration and smoking in public determine necessary for the prevention and abatement of air pollution.
places. At the local and municipal levels, governments are allowed to set emission quotas by pollution source, and the
development of recycling programs is encouraged. Pollution From Stationary Sources. - The Department shall within two (2) years from the effectivity of this Act, and
every two (2) years thereafter, review, or as the need therefor arises, revise and publish emission standards for
stationary sources of air pollution.

DECLARATION OF POLICIES Ban on Incineration. Incineration, hereby defined as the burning of municipal, bio-medical and hazardous wastes,
which process emits poisonous and toxic fumes, is hereby prohibited.
It shall be the policy of the State to: Formulate a holistic national program of air pollution management that shall be
implemented by the government through proper delegation and effective coordination of functions and activities. Local government units are hereby mandated to promote, encourage and implement in their respective jurisdiction a
comprehensive ecological wastes management that includes waste segregation, recycling and composting.
RECOGNITION OF RIGHTS
Pollution from Motor Vehicles. – The DOTC shall implement the emission standards for motor vehicles set pursuant to
The right to breathe clean air; and as provided in this Act. To further improve the emission standards, the Department shall review, revise and publish
the standards every two (2) years, or as the need arises.
The right to utilize and enjoy all natural resources according to the principle of sustainable development;
Regulation of All Motor Vehicles and Engines. Any imported new or locally-assembled new motor vehicle shall not be
The right to participate in the formulation, planning, implementation and monitoring of environmental policies and registered unless it complies with the emission standards set pursuant to this Act, as evidenced by a Certificate of
programs and in the decision-making process; Conformity (COC) issued by the Department

AIR QUALITY MANAGEMENT SYSTEM Pollution from Smoking. - Smoking inside a public building or an enclosed public place including public vehicles and
other means of transport or in any enclosed area outside of one's private residence, private place of work residence, or
Air Quality Monitoring and Information Network. - The Department shall prepare an annual National Air Quality any duly designated smoking area is hereby prohibited under this Act. This provision shall be implemented by the LGUs
Status Report which shall be used as the basis in formulating the Integrated Air Quality Improvement Framework as
provided for in Section 7. FUELS, ADDITIVES SUBSTANCES AND POLLUTANT'S ARTICLE ONE FUELS, ADDITIVES AND SUBSTANCES SEC.
26. Fuels and Additives.
Integrated Air Quality Improvement Framework - The Department shall, within six (6) months after the effectivity of
this Act, establish, with the participation of LGUs, NGOs, POs, the academe and other concerned entities from the private the Department of Energy (DOE), co-chaired by the Department of Environment and Natural Resources (DENR), in
sector, formulate and implement the Integrated Air Quality Improvement Framework for a comprehensive air pollution consultation with the Bureau of Product Standards (BPS) of the DTI, the DOST, the representatives of the fuel and
management and control program. automotive industries, academe and the consumers shall set the specifications for all types of fuel and fuel-related
products
Air Quality Control Action Plan. Within six (6) months after the formulation of the framework, the Department shall
with public participation, formulate and implement an air quality control action plan consistent with Section 7 of this SEC. 26. Fuels and Additives. - The DOE, shall also specify the allowable content of additives in all types of fuels and fuel-
Act. related products. Such standards shall be based primarily on threshold levels of health and research studies.

To effectively carry out the formulated action plans, a Governing Board is hereby created, hereinafter referred to as the the DOE shall likewise limit the content or begin the phase-out of additives in all types of fuels and fuel-related
Board. products

Air Quality Control Techniques. - Simultaneous with the issuance of the guideline values and standards, the SEC. 26. Fuels and Additives
Department, through the research and development program contained in this Act and upon consultation with the
appropriate advisory committees, government agencies and LGUs, shall issue, and from time to time, revise information No person shall manufacture, import, sell, supply, offer for sale, dispense, transport or introduce into commerce
on air pollution control techniques. beyond specified indexes.

Air Quality Management Fund. - An Air Quality Management Fund to be administered by the Department as a special Every two (2) years thereafter or as the need arises, the specifications of unleaded gasoline and of automotive and
account in the National Treasury is hereby established to finance containment, removal, and clean-up operations of the industrial diesel fuels shall be reviewed and revised for further improvement.
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SEC. 27. Regulation of Fuels and Fuel Additives
Administrative Action- Sec. 40 provides that the Department shall institute administrative proceedings against
The DOE, in coordination with the Department and the BPS, shall regulate the use of any fuel or fuel additive. any person who violates:

No manufacturer, processor or trader of any fuel or additive may import, sell, offer for sale, or introduce into commerce Standards or limitation provided under this Act; or
such fuel or additive unless the same has been registered with the DOE.
Any order, rule or regulation issued by the Department with respect to such standard or limitation.
Prior to registration, the manufacturer, processor or trader shall provide the DOE with the following relevant
information. Citizen Suits- Any person who violates or fails to comply with the provisions of this Act or its implementing rules and
regulations; or
Misfueling - no person shall introduce or cause or allow the introduction of leaded gasoline into any motor vehicle
equipped with a gasoline tank filler inlet and labeled “unleaded gasoline only” The Department or other implementing agencies with respect to orders, rules and regulations issued inconsistent with
this Act, and/or Any public officer who willfully or grossly neglects the performance of an act specifically enjoined as a
Prohibition on Manufacture, Import and Sale of Leaded Gasoline and of Engines and/or Components Requiring duty by this Act or its implementing rules and regulations; or abuses his authority in the performance of his duty; or, in
Leaded Gasoline any manner, improperly performs his duties under this Act or its implementing rules and regulations

no person shall manufacture, import, sell, offer for sale, introduce into commerce, convey or otherwise dispose of, in any
manner leaded gasoline and engines and components requiring the use of leaded gasoline 3. RA 9275: Clean Water Act

Ozone-Depleting Substances shall also be monitored. Why the need for the Clean Water Act?

Radioactive Emissions - projects which will involve the use, of atomic and/or nuclear energy, shall be regulated in the As early as 1996, monitoring of the country’s rivers showed that only 51% of the classified rivers still met the standards
interest of public health and welfare by the Philippine Nuclear Research Institute (PNRI) and other appropriate for their most beneficial use. The rest were already polluted from domestic, industrial and agricultural sources.
government agencies
Most studies point to the fact that domestic wastewater is the principal cause of organic pollution (at 48%) of our
INSTITUTIONAL MECHANISM water bodies. Yet, only 3% of investments in water supply and sanitation were going to sanitation and sewage
treatment.
The Department or its duly accredited entity shall, after proper consultation and notice, require any person who owns
or operates any emission source or who is subject to any requirement of this Act to: A recent World Bank report pointed out that Metro Manila was second to the lowest in sewer connections among major
cities in Asia and less than 7% compared to 20% for Katmandu, Nepal and 30% for Dhaka, Bangladesh.
establish and maintain relevant records;
Thirty-one percent (31%) of all illnesses in the country are attributed to polluted waters. Clearly, to ensure access to
make relevant reports; clean water for all Filipinos, it was imperative that government put together a comprehensive strategy to protect water
quality.
install, use and maintain monitoring equipment or methods;
What is the Clean Water Act?
sample emission, in accordance with the methods, locations, intervals, and manner prescribed by the
Department; 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
keep records on control equipment parameters, production variables or other indirect data when direct activities). It provides for a comprehensive and integrated strategy to prevent and minimize pollution through a
monitoring of emissions is impractical; multisectoral and participatory approach involving all the stakeholders.

provide such other information as the Department may reasonably require the Department, through its authorized Highlights of the Clean Water Act How will water quality be managed?
representatives, shall have the right of:
Management of water quality will either be based on watershed, river basin or water resources region. Water quality
entry or access to any premises including documents and relevant materials management areas with similar hydrological, hydrogeological, meteorological or geographic conditions which affect
the reaction and diffusion of pollutants in water bodies are to be designated by the DENR in coordination with the
inspect any pollution or waste source, control device, monitoring equipment or method required; and
National Water Resources Board (NWRB).
test any emission.
Who will manage these areas?
Public Education and Information Campaign. - A continuing air quality information and education campaign shall be
promoted Management will be localized. Multi-sectoral governing boards will be established to manage water quality issues
within their jurisdiction.
ACTIONS
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Who are the members of the Governing Boards? Governing Boards shall be composed of representatives of mayors and
governors as well as local government units, representatives of relevant national government agencies, Discharging, injecting or allowing to enter into the soil, anything that would pollute groundwater
duly registered non-government organizations, the concerned water utility sector and the business sector.
Operating facilities that discharge regulated water pollutants without the valid required permits
What are the functions of the Governing Boards? The Governing Boards will formulate strategies to coordinate policies
necessary for the effective implementation of this Act. They will create a multi-sectoral group to establish and effect Disposal of potentially infectious medical waste into sea by vessels
water quality surveillance and monitoring.
Unauthorized transport or dumping into waters of sewage sludge or solid waste.

How will discharges of wastewater be controlled? All owners or operators of facilities that discharge wastewater are Transport, dumping or discharge of prohibited chemicals, substances or pollutants listed under Toxic Chemicals,
required to get a permit to discharge from the DENR or the Laguna Lake Development Authority. Existing industries
without any permit are given 12 months from the effectivity of the implementing rules and regulations (IRR) Hazardous and Nuclear Wastes Control Act (Republic.Act No. 6969)
promulgated pursuant to this Act to secure a permit to discharge.
Discharging regulated water pollutants without the valid required discharge permit pursuant to this Act
How will domestic wastewater be addressed?
Noncompliance of the LGU with the Water Quality Framework and Management Area Action Plan
The Department of Public Works and Highways (DPWH), in coordination with local government units will prepare a
national program on sewage and septage management not later than 12 months from effectivity of this Act. A priority list Refusal to allow entry, inspection and monitoring as well as access to reports and records by the DENR in accordance
will likewise be prepared which will be the basis for the allotment of funds on an annual basis by the national with this Act
government for the construction and rehabilitation of required facilities.
Refusal or failure to submit reports and/or designate pollution control officers whenever required by the DENR
On the other hand, LGUs are to provide the land including road right of the way for the construction of sewage and/or in accordance with this Act
septage treatment facilities and raise funds for the operations and maintenance of said facilities.
Directly using booster pumps in the distribution system or tampering with the water supply in such a way to alter or
The Department of Health (DOH) will formulate guidelines and standards for the collection, treatment and disposal of impair the water quality
sewage as well as the guidelines for the establishment and operation of centralized sewage treatment system. The
MWSS and other agencies mandated to provide water supply and sewerage facilities are required to connect existing Operate facilities that discharge or allow to seep, willfully or through grave negligence, prohibited chemicals,
sewage lines, subject to the payment of sewerage service charges/fees within five years following effectivity of this Act. substances, or pollutants listed under R.A. No. 6969, into water bodies.

All sources of sewage and septage are required to comply with the law. Undertake activities or development and expansion of projects, or operating wastewater treatment/sewerage
facilities in violation of P.D.1586 and its IRR.
How will the discharge of wastewater be discouraged? Anyone discharging wastewater into a water body will have to
pay a wastewater charge. This economic instrument which will be developed in consultation with all concerned 4. RA 9003: Ecological Solid Waste Management Act
stakeholders is expected to encourage investments in cleaner production and pollution control technologies to reduce
the amount of pollutants generated and discharged. What is R.A. No. 9003?

Effluent trading per management area will also be allowed. Rewards will also be given to those whose wastewater Republic Act No. 9003 or the Philippine Ecological Solid Waste Management Act of 2000 provides the legal framework
discharge is better than the water quality criteria of the receiving body of water. Fiscal and non-fiscal incentives will also for the country’s systematic, comprehensive, and ecological solid waste management program that shall ensure
be given to LGUs, water districts, enterprise, private entities and individuals who develop and undertake outstanding protection of public health and the environment. It emphasizes the need to create the necessary mechanisms and
and innovative projects in water quality management. incentives to pursue an effective solid waste management at the local government levels.

What are the important features of the Solid Waste Management Act?
a. Creation of the National Solid Waste Management Commission (NSWMC), the National Ecology Center (NEC), and the
Solid Waste Management Board in every province, city and municipality in the country.
What safeguards are provided for?
The NSWMC shall be responsible in the formulation of the National Solid Waste Management Framework (NSWMF)
All possible dischargers are required to put up an environmental guarantee fund (EGF) as part of their environmental and other policies on solid waste, in overseeing the implementation of solid waste management plans and the
management plan. The EGF will finance the conservation of watersheds and aquifers, and the needs of emergency management of the solid waste management fund.
response, clean up or rehabilitation.
The NEC, on the other hand, shall be responsible for consulting, information, training and networking services relative
What are the prohibited acts under R.A. 9275? to the implementation of R.A.No. 9003.

Among others, the Act prohibits the following: The Solid Waste Management Board of provinces, cities, and municipalities shall be responsible for the development
of their respective solid waste management plans.
Discharging or depositing any water pollutant to the water body, or such which will impede natural flow in the water
body Formulation of the NSWMF: 10-year solid management plans by local government units;
4

Mandatory segregation of solid waste to be conducted primarily at the source such as household, institutional, Hazardous Waste- Substances that are without any safe commercial, industrial, agricultural or economic usage
industrial, commercial and agricultural sources;
IMPLEMENTING AGENCY - The Implementing Agency is the
Setting of minimum requirements to ensure systematic collection and transport of wastes and the proper protection
of garbage collectors' health; DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES (DENR)

Establishment of reclamation programs and buy-back centers for recyclable and toxic materials; In formulating the implanting rules and regulations of this law, the Inter-Agency Technical Advisory Council was
created.
Promotion of eco-labeling in local products and services;
Inter-Agency Technical Advisory Council - This council is composed of Director of Phil. Nuclear Research Institute and
Prohibition on non-environmentally acceptable products and packaging; 3 Representatives of NGO and the Secretaries of DENR, DOH, DTI, DOST, DND (Dept. of National Defense), DFA,
DOLE, DOF (Dept. of Finance), DA
Establishment of Materials Recovery Facility (MRF) in every barangay or cluster of barangays;
PRE-MANUFACTURING AND PRE-IMPORTATION REQUIREMENTS
Prohibition against the use of open dumps;
the manufacturer, processor or importer shall submit the following information: the name of the chemical substance or
Setting of guidelines/criteria for the establishment of controlled dumps and sanitary landfills; mixture, its chemical identity and molecular structure, proposed categories of use, an estimate of the amount to be
manufactured, processed or imported, processing and disposal thereof , any test data related to health and
Provision of rewards, incentives both monetary and non-monetary, financial assistance, grants and the like to encourage environmental effects which the manufacturer, processor or importer has.
LGUs and the general public to undertake effective solid waste management; and
l. Promotion of research on solid waste management and environmental education in the formal and non-formal After passing the requirements, what happens next?
sectors.
The Secretary of Environment and Natural Resources or his duly authorized representative shall, within ninety (90)
R.A 6969 - Toxic Substances and Hazardous and Nuclear Wastes Control Act of 1990 days from the date of filing of the notice of manufacture, processing or importation of a chemical substance or mixture,
decide whether or not to regulate or prohibit its importation, manufacture, processing, sale, distribution, use or disposal.
PURPOSE/OBJECTIVES
The Secretary may, for justifiable reasons, extend the ninety-day pre-manufacture period within a reasonable time.
To keep an inventory of chemicals and such other information as may be considered relevant to the
protection of health and the environment Chemicals Exempt from Pre-Manufacture Notification:

To monitor and regulate the chemical substances and mixtures that present unreasonable risk or injury to health or Those included in the categories of chemical substances and mixtures already listed in the inventory of existing
to the environment in accordance with national policies and international commitments chemicals;

To inform and educate the populace regarding the hazards and risks attendant of toxic chemicals and other Those to be produced in small quantities solely for experimental or research and developmental purposes;
substances and mixture
Chemical substances and mixtures that will not present an unreasonable risk to health and the environment; 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 Chemical substances and mixtures that exist temporarily and which have no human or environmental exposure such as
those which exist as a result of chemical reaction in the manufacture or processing of a mixture of another chemical
SCOPE : Importation, Manufacture, Processing, Handling, storage, Transportation, Sale, distribution, use and disposal of substance.
ALL unregulated chemical substances and mixtures in the Philippines, including the entry, even in transit as well as the
keeping or storage and disposal When will be the testing be required?

Some Important Definition of Terms When there is a reason to believe that the chemical substances or mixture may present an unreasonable risk to health or
the environment or there may be substantial human or environmental exposure thereto, When there are insufficient
Hazardous substances - Substances which presents either Short-term acute hazards or Long Term Environmental data and experience for determining or predicting the health and environmental effects of the chemical substance or
Hazards mixture; and, When the testing of the chemical substance or mixture is necessary to develop such data.

Short Term Acute Hazards- Acute toxicity by Ingestion / Inhalation or skin absorption / Corrosivity or other skin PROHIBITED ACTS
or eye contact hazards or The risk of fire or explosion;
Knowingly use a chemical substance or mixture which is imported, manufactured, processed or distributed in
Long-Term Environmental Hazards Chronic toxicity upon repeated exposure Carcinogenicity violation of this Act or implementing rules and regulations or orders

Resistance to detoxification process such as biodegradation The potential to pollute underground or surface waters
Aesthetically objectionable properties such as offensive odors.
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Failure or refusal to submit reports, notices or other information, access to records, as required by this Act, or
permit inspection of establishment where chemicals are manufactured, processed, stored or otherwise held; Cause, aid or facilitate, directly or indirectly, in the storage, importation, or bringing into Philippines territory, including
its maritime economic zones, even in transit, either by means of land, air or sea transportation or otherwise keeping in
Failure or refusal to comply with the pre-manufacture and pre-importation requirements; and storage any amount of hazardous and nuclear wastes in any part of the Philippines.
Noise: Sick of sound? Noise-related legal actions
Actually, two kinds of noise stand out in this jurisdiction — industrial noise pollution and non-industrial noise pollution.
AMADO S. TOLENTINO, JR.
First of 2 parts
Industrial noise is that unwanted sound emitted by machines and equipment found in a workplace such as generators
CERTAINLY, the streets of Metro Manila, in their entirety, is no place to go for peace and quiet. A noise expert has pointed
and engines. Non-industrial noise, on the other hand, is community noise, also known as domestic noise. It ranges from
out that the quietest place in the metropolis is a recording studio where the sound-muffling takes things down to 15
sources such as airconditioning systems, office machines, home appliances and neighbors.
decibels (degree of loudness). It could be that quiet at night in an area outside the center of a barangay in an island
province if there are no insects around.
Of the two, industrial noise pollution is prominently actionable because it is related to occupation or the workplace. In
fact, there is a Bureau of Working Conditions and an Institute of Occupational Health and Safety under DoLE with the
What’s wrong with noise?
function of “undertaking continuing studies and research on occupational health and safety of employees in their
Noise is unwanted man-made sound that penetrates the environment. It is any sound irritating to one’s ear which comes
working environment. Labor regulations spell out specific occupational limits for the length of time a worker may be
from an external source. Noise pollution, on the other hand, is environmental pollution consisting of annoying or harmful
exposed to noise of different decibel levels. The limits are based solely on the threat to hearing not on any other health
noise. According to the World Health Organization, “The recognition of noise as a serious health hazard as opposed to a
effects of noise.
nuisance is a recent development and the health effects of the hazardous noise exposure are now considered to be an
increasingly important public health problem.”
The noise produced by public or private infrastructure constructions is governed by the Environmental Compliance
Certificate (ECC) conditions for environmentally critical projects as determined by the Environmental Management
Aside from impaired hearing, noise can cause cardiovascular and psycho-physiological effects, disturb sleep, interfere
Bureau of the DENR. Non-compliance with the conditions is subject to penalties and sanctions.
with communication, reduce performance (e.g. attentiveness, problem solving, memory), provoke annoyance and
changes in social behavior.
(To be continued tomorrow)
Sources of noise pollution include, but is not limited to, roadway motor vehicles, aircrafts, factories, airconditioners,
machines, public address systems, karaoke concerts, videoke bars, sing-along clubs, loud parties, neighbors, industrial
development and construction works. ***

Noise in PH laws CORRECTIONS. In the Ambassadors’ Corner column that appeared in the Manila Times issue of September 22, 2018,
A close look at the corpus of Philippine environmental legislation reveals that what constitutes noise appears to be “Asean lip-servicing human rights?” by Danilo T. Ibayan, the author would like to make the following corrections:
universal though coached in different ways. The Sanitation Code, or PD 856 (1975), classifies excessive noise as a
nuisance, meaning anything that injures health, endangers life, offends the senses or produces discomfort to the
community while the Environment Code, PD 1152 (1977) defines noise as an unwanted sound from a known source. 1. The quotations, observations and comments in paragraphs 6, 7, 8, 9, 10 and 12 are not from the Freedom House Report
2018 but from press reports by human rights watchers and rights advocates;

Pertinently, a definition in the Clean Air Act, RA 8749 (1991) says, “Air pollutant means any matter found in the
atmosphere other than oxygen, nitrogen water vapor, carbon dioxide and the inert gases in their natural or normal 2. Phelim Kline, not Pauline Kline, of Human Rights Watch sums up the work of Asean; and
concentrations, that is detrimental to health or the environment, which includes but is not limited to smoke, dust, soot,
cinders, fly ash, solid particles of any kind, gases, fumes, chemical mists, stream or radioactive substances.” In short, air
pollution consists of particulate matter and gaseous pollutants such as nitrogen oxides, sulphur dioxide, volatile organic Last of 2 parts
compounds and carbon monoxide. Since noise is not matter but energy, it is not an air pollutant, according to some legal BUT what about community noise? Is there a law which sets the limits on noise coming from open-air or open-door
minds. Be that as it may, the same Clean Air Act classifies noise as an emission, i.e. an unwanted sound from a known karaoke bars in cities or towns all over the country which bring about nighttime acoustic pollution? What about noise
source which is passed into the atmosphere. emitted by jeepneys, buses, trucks, cars fitted with racing devices, tricycles and motorbikes?

Early on, the Civil Code, RA 386 (1950 as amended) says unwanted noise may fall under the classification of a nuisance, The recourse of anyone affected by annoyingly excessive noise is to make a complaint before barangay (village) officials
as it injures, annoys, endangers, or offends the senses. There is also the law on unjust vexation in the Revised Penal Code, in accordance with the Local Government Code, RA 7160 (1991) which says that they shall “enforce laws and regulations
RA 3815 (as amended) which, as further interpreted by the Supreme Court, is any human conduct which, although not relating to pollution control and protection of the environment” and “promote the general welfare of the barangay.”
productive of some physical or material harm, would unjustly annoy or irritate an innocent person. The paramount Community noise problems are now addressed by many city/municipal ordinances, zoning restrictions and local
question is whether the offender’s act causes annoyance, irritation, torment, distress or disturbance to the mind of the licensing requirements. For LGUs still without anti-noise ordinances, the people’s direct lawmaking power via a legal
person to whom it is directed. process called initiative under the Local Government Code could be utilized.
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As to noise-polluting motor vehicles, RA 4136 (An Act to Compile Laws Relative to Land Transportation and Traffic Rules, Measurements need to be taken with the proper equipment at the right time and the right places to document a noise
1964)) states in part, “No motor vehicle shall be operated in such a manner as to cause it to emit or make unnecessary or infraction. (Ultimately, noise is subjective. Previously, if police officers in New York City wanted to issue a fine for a car
disagreeable odor, smoke or noise.” There are those who say that this anti-noise provision was effectively enforced by alarm or a barking dog they needed a meter. Under the new law, they can merely judge with their ears.)
the Land Transportation Office and LGUs which ordered the removal of the loud mufflers and ear-splitting horns and
stereo sound systems of jeepneys and tricycles three decades ago. But that conclusion is no longer valid these days owing
to the uncontrolled increase in the number of motor vehicles overflowing main streets all over the country. Nevertheless, when there is a bothersome noise outside one’s control, the first thing to do is to find out if the kind of
noise is covered by a law, an ordinance or a regulation, if the intent is recourse to legal action. This necessitates contact
with the appropriate government agency or an LGU to find out more about one’s noise concern.
Above all, a first or last recourse is afforded by the remedies against a public nuisance which may either be through
criminal prosecution (Revised Penal Code or local ordinance) and civil action or abatement without judicial proceedings.
A private nuisance, on the other hand, may be remedied only by a civil action or abatement without judicial proceedings For city noise, silencing the house is resorted to by installation of double or triple-pane windows, interior sliders or even
a big pane to seal up the window permanently. Or heavy draperies which definitely cannot be recommended for a
tropical country like ours.
How loud is it?

For condo dwellers, slipping a note to partying neighbors or talking directly to the building management is preferable.
In law and regulations, noise is covered by different decibel levels. Regulations mandate measures to be taken as noise Direct confrontation while a raucous party is going on is not advisable. As is often said, entertainment to one is
approach the limits, including engineering controls, information dissemination and awareness programs, compulsory use disturbance to another; music to one is annoyance to another.
of hearing protection devices, and hearing tests for exposed people like factory workers. Despite available limits,
compliance is not assured since funding is often absent to implement control measures and enforce standards. This is
especially true as it relates to aircraft noise and roadway noise. As mentioned above, community noise, motor vehicles The most promising quality-of-life noise legislation in developed countries is lessening noise at construction sites with
with high-powered audio systems, construction noise are most often addressed by local ordinances, zoning limitations sound barriers and blankets for jackhammers. But what about guidelines for airplanes and trains that plague some
and mandates of local licensing bodies. subdivisions as well as commercial and residential train routes?

Still in use in the Philippines is the National Pollution Control Commission’s Memorandum Circular No. 002 (1980) which In the end, living in close proximity and the noise that entails is a defining part of urban or city life. But the new sound of
is the basis of noise standards for the country. An amendatory draft was formulated and circulated during the previous a city anywhere now is the steady buzz of people conversing privately with unseen companions. How can you beat that?
administration by the DENR’s Environmental Management Bureau (which took over the functions of the defunct NPCC)
to the inter-agency committee handling the task but it did not reach adoption stage.
Is the sound of silence still possible at this point in time?

The memorandum circular spells out the general restriction on noise level and control with the use of the best
practicable technology available. Aside from operation of sound reproduction devices and construction, commercial and Rainwater: An insufficiently recognized resource
industrial activities, no person shall permit animal noise under his control that cause unnecessary noise. ByAmado S. Tolentino, JR.
July 28, 2018
MANY countries around the world are increasingly vulnerable to drought as climate change brings higher temperature
Ambient (noise) quality and emission standards are also provided for depending on the classification of an area. and less precipitation. Among Asean countries, Thailand’s response is notable. It has adopted a policy to minimize use of
water by not growing off-season rice to conserve water for household consumption.

Standards are likewise covered for areas directly facing a public transportation route. The limits, however shall not apply
to incidental sounds greater than 75 decibels emanating from a sport, entertainment and public event for which a permit But there are few easy fixes available for places like Cyprus in the Mediterranean and its almost 1.2 million people facing
has been issued. the looming reality of life without fresh water. The government has imposed restrictions on using water for irrigation to
prevent reservoirs from running dry before the end of the year to ensure enough water if drought persists. Taps,
however, continue to flow in urban areas because of a supply of more costly potable water that has been transformed
Noise vs peace and quiet from seawater by four desalination facilities

In many jurisdictions around the world, noise, be it a nuisance, a health hazard, or a safety issue suffers from low priority In the recent past, there were cities that are known to have imported waters in tankers from neighboring countries and
in law enforcement. There is also inconsistency in the application of restrictions depending on the source of noise — one city is known, at one time, to have forced residents to forego regular showers and flushing toilets – a way to adjust to
motor vehicles, community noise, industrial noise, etc. Many government agencies lack the funding personnel and what one has.
instruments to quantify noise. The lack of political will to enforce is also due to the fact that, compared to other types of
pollution, noise is invisible and highly intermittent, making violations difficult to prove.
In connection therewith, what comes to mind is the Philippines’ 1989 Rainwater Collection Act (RA 6716) which has
remained in the books, barely implemented. The law mandates the construction of, among others, rainwater collectors or
rainwater collection facilities in barangays as water source during the long, rainless summer months.
7
Blue and green water into the ocean. In short, the trade in hazardous wastes allowed by the Basel Convention can be further restricted by
The water necessary to produce food for the expanding population is normally discussed only as an issue of blue water receiving countries.
for irrigation, referring to the water that people use from rivers and aquifers, as compared to green water from infiltrated
rain, meaning the soil moisture used by plants and returned as water vapor flow.
Upheld was the pressure from President Duterte for Canada to take back some 69 shipping containers of household
trash, including kitchen refuse and baby diapers labeled as plastic scraps for recycling. The Philippines maintained a
In short, a sustainable water future needs to incorporate the water from infiltrated rain and the water-consuming “diminished diplomatic presence” in Canada, which lasted until its garbage was ship bound there. Aside from the
vegetation systems which provide life support to humans and nature. Or, to be more specific, discussions of water Philippines, destination countries of plastic garbage in Asean like Malaysia have already initiated the return of waste
necessary to produce the population’s food requirements should necessarily include the issue of both blue and green imports from identified developed countries; Thailand and Vietnam have begun to crack down on waste dumping, while
water. That is because food produced from rain-fed farming is critical in finding solutions to hunger in poverty-stricken Indonesia is reportedly in the process of implementing its strict policies and regulations already in place about hazardous
areas. waste exportation/importation.

Shift in water thinking (Lost in the “translation” in media accounts of the Canadian waste issue is the “chapter” on the identity of the Canadian
A broadened approach to water is necessary to improve the livelihoods of communities as well as to understand what exporting company and the Philippine consignee as well as the regulatory system which is the cornerstone of the Basel
and where the world’s water resources are. The shift in water thinking starts by labeling and understanding the water Convention on the Control of Transboundary Movement of Hazardous Wastes and their Disposal. Based on the concept of
required by plants, picked up by roots from the soil and transmitted to the air through photosynthesis. That is green prior informed consent, it requires that before an export may take place, the authorities of the state of export must notify
water. the authorities of the state of import, providing the latter with detailed information on the intended movement. The
movement may only proceed if and when the states concerned have given their written consent, including an assurance
from the receiving state that it is able to dispose of the final resultant wastes or residual wastes in an environmentally
Actually, plants can feed on two types of water – liquid blue water from rivers and aquifers used in irrigation and sound manner. Be that as it may, the Canadian-Philippines waste issue became the prelude to the Basel Ban Amendment
transferred to soil water, and naturally infiltrated rain water in the soil that vaporizes during use and disappears to the approved at the recent COP mentioned above. And take note, despite NIMBY [“Not in my backyard, you don’t!”], the Basel
air as green water flow. Convention is designed to reduce and control the allowed movement of hazardous wastes between countries on the
theory that the waste of one country is useful for another country.)

Integrated water resources management

There is now a growing interest in advancing the thinking on the role of blue and green water flows in protecting the life Given the cross-border and global nature of plastic debris, collective action is not only useful but has become a necessity.
support system as a basis for a more effective understanding of the role of water for sustainable development. A Reference is to the entire plastic supply chain, from producer to consumer and waste manager, highlighting the role of
consequence of all this is the vital information that vapor flows can no longer be ignored and the close links between land extended producer responsibility; and partnerships with local governments as leader and the private sector as innovator
use and water have to be translated into adequate governance activities in the area of integrated water resources as envisioned by the Ecological Solid Waste Management Act, or RA 9003, of the Philippines.
management.

Interesting is the notion of plastic footprint similar to carbon footprint as a method to encourage self-regulation and
The activities contemplated include, but is not limited to: 1) awareness of the distinction between blue water in rivers measurable action by cities/local governments, companies and even individuals. This could provide benchmarks for
and aquifers and green water in the soil; 2) acceptance of the fundamental fact that there is not enough blue water left to corporate social responsibility.
meet competing food, water and environment needs for the future; 3) realization that proper management of the green
water in the soil represents a large potential for global food production; 4) further clarify the linkages between global
poverty, hunger and shortage of green and/or blue water; and 5) awareness of the improvements possible in the Everyone is in agreement that reducing plastic use is the key to curbing marine plastic pollution. Foremost is to put
livelihoods of communities through a broadened approach to water. plastics and microplastics out of the water. Avoid single-use plastics, e.g. soft drink straws and stirrers, bottles, shopping
bags, packaging for medicines, shampoo sachets, etc.; ban the use of microplastics in cosmetics like facial cleansers and
toothpaste; collect carelessly discarded plastic garbage; successively replace disposable plastic by recyclable synthetics
Plastic wastes: Improving approach, changing behavior or environmentally sound alternatives.
ByAmado S. Tolentino, JR.
June 15, 2019
A byproduct of oil refining, low-cost and durable plastics were a wonder material introduced in the 20th century.
Plastics, however, do not decay like wood, paper, cloth or leather. It takes centuries to break down and remains in the
THE Philippines is at the center of the global ocean plastic pollution issue. In 2015, scientists estimated that 275 million environment for a much longer time or forever. Plastics fill up landfills, float in vast masses in the oceans until consumed
metric tons of plastic wastes had been dumped in the world’s oceans, with China as the leading dumping country, by whales and other sea creatures in search of food.
followed by Indonesia, the Philippines, Vietnam and Sri Lanka.

Gradually, wind and waves break up larger plastic wastes into smaller pieces (microplastics) with the toxins produced
Fortunately, at the UN Conference of the Parties (COP) to the Basel Convention on the Transboundary Movement of entering the entire food chain when ingested by small fishes or marine species.
Hazardous Wastes, held in Geneva last month, countries decided to regulate the export of hazardous wastes, which
means developing countries may now refuse plastic waste dumping ostensibly done for recycling in the receiving
country. Much of the contaminated mixed garbage cannot be recycled and is instead dumped or burned or finds its way
8
According to the National Geographic, a team of British researchers who went to the Marianas Trench east of the Most important is the designation of the LGUs as primarily responsible for the implementation and enforcement of RA
Philippines found that 100 percent of the animals endemic in that area had plastic fragments in their digestive tracts. 9003 within their respective jurisdictions. Specifically, segregation and collection of solid wastes shall be conducted at
Even tiny shrimps have been discovered to have ingested plastic. the barangay level for biodegradable, compostable and reusable wastes but collection of non-recyclable materials and
special wastes shall be the responsibility of the municipality or city.

We have the most educated population in the history of mankind vis-à -vis their environment. This is borne by the fact
that governments and the UN system, media and educational institutions as well as religions all over the world are one in Interestingly, the law mandates compulsory segregation and collection of wastes, identifies recycling/buy-back centers
acknowledging man’s role as earth stewards. Yet, a plastic-polluted environment does not seem to matter. Perhaps, we for recyclables, prohibits the use of non-environmentally acceptable packaging and disallows open dumps/open burning
do not have an in-depth awareness of why it matters. Without that, one does not have motivation and without of solid wastes.
motivation, it does not actually matter.

In the past few years, there have been media accounts of successes in some LGUs relative to waste segregation and
The Philippines’ pioneer environmental NGO, Haribon Foundation, is currently engaged in coastal activities year-round collection as well as recycling efforts giving way to livelihood opportunities to local communities. Often cited as examples
at the Las Piñ as-Parañ aque Critical Habitat and Ecotourism Area (LLPCHEA), considered to be the last mangrove refuge are the City of San Fernando (Pampanga), which achieved a 78 percent diversion record by composting and recycling
in Manila Bay. The objective is to give participants the opportunity to see, touch and feel firsthand the plastic trash that waste instead of going into landfills, and Tacloban City (Leyte) which was able to markedly improve waste collection and
washes up in our oceans to raise consciousness and awareness in order to change behavior, habits or lifestyle about daily managed to decrease the volume of waste destined to landfills.
consumption and waste segregation. Collecting plastic litter on the shoreline would hopefully encourage the use of
alternatives to plastic use. As Haribon says, “Change starts with the individual and small continued acts could create a
ripple effect.” Waste as a resource

Now is the time to be brave enough to jump into action and get involved. The time to urgently act is now. Be that as it may, daring and transformative pathways are still wanting in the implementation of our Ecological Solid
Waste Management Law. In this regard, efforts of other developing countries are worth looking into:

Indeed, this is the most opportune time to firmly break free from plastics and plastic wastes.
Lagos, Nigeria. Locally manufactured and low-cost bicycles designed for collecting recycled wastes are used by volunteer
youth pickers or collectors, referred to as Wecyclers. Collected recyclables are sold to recycling companies. Households
Now, the local garbage challenge that recycle with Wecyclers get points for each kilogram of waste. They can exchange the points with specific rewards
ByAmado S. Tolentino, JR. like kitchen items and various sponsored prizes. That way, the benefits of recycling become tangible.
August 31, 2019

WITH the Canadian wastes back to Canada, it is time to direct our political will to the matter of effective local waste Kathmandu, Nepal. Proper and formal landfills are being tried in some areas on the theory that landfills should only serve
management. Fortunately, we have a 20-year-old well-crafted Republic Act (RA) 9003 or the “Ecological Solid Waste to dispose of final garbage/wastes that cannot be used anymore. Local policy makers negotiate with local communities
Management Act,” which provides a systematic and comprehensive waste management program waiting for more and ensure that people who live near landfills are well compensated and the landfill itself is well managed, making use of
effective implementation and enforcement. environmental and climate funds available or recourse to aid agencies in general for investing in landfill management.

The law was thought of by some quarters as too advanced for its time (2000). To think that as early as the 1980s, the Behavior change is manifest in separating organic, plastic and paper waste so the best use can be made of them. Waste
National Environmental Protection Council (NEPC), forerunner of the present Environmental Management Bureau, under sorting reduces the volume of wastes that needs to be landfilled. Most important is people are taught to see waste as a
the leadership of Filipino pioneer environmentalist, Dr. Celso R. Roque, had a very successful waste exchange initiative resource rather than a nuisance.
(“waste of one is useful to another”) among various business enterprises and industries, including cottage industries
which benefited much from the exchange. Another was the NEPC mandate to award P7,000-grant money to local
government units (LGUs) that could submit an easily implementable waste management-related scheme. The awarded Transformative actions
proposals, include among others, the use of the amount to purchase a kariton (pushcart or native open cart) and carabao
as well as purchase of an old pick-up truck with which to haul the community’s household wastes.
Coping with waste management is a huge challenge. For a developing country like the Philippines, recycling makes
economic sense. Recently, two Philippine-based international companies revealed daring and transformational waste-
PH law advances in waste management related programs as follows:

RA 9003 sets the guidelines for waste avoidance and reduction through composting, recycling, reuse, recovery, etc. Coca-Cola Philippines. The bottling arm of Coca-Cola in the Philippines will lead the investment for a P1-billion state-of-
before treatment and disposal in an environmentally appropriate manner. It also ensures proper segregation, collection, the-art food-grade recycling facility that would transform used recyclable polyethylene terephthalate (PET) plastic
transport, storage, treatment and disposal excluding incineration. bottles back into new beverage bottles. It will be the country’s first beverage bottle made from 100 percent recycled
plastic.
9
Briefly, the recycling facility will collect, sort, clean and wash post-consumer recyclable plastic bottles and turn these into
new bottles using advanced technology, bringing these back into the value chain.

Nestlé Philippines. The company launched its first city-wide pilot program dubbed “May Balik! Sa Plastic!” in Valenzuela
City aimed at recovering single-use plastics and turning them into Green Antz ecobricks that can be used for building
houses, schools and other infrastructure. The program consists of public school and barangay-based collection of waste
laminates and used beverage cartons. Public school students will be eligible to participate in weekly raffles with gift
checks as prizes and city street sweepers will receive Nestlé products.

Green Antz is an innovative social enterprise that manufactures alternative construction materials such as ecobricks that
incorporate waste plastic laminates.

Philippine nongovernment organizations are not wanting in ideas about changing mindsets to meet the challenge posed
by local garbage. For one, the Society for the Conservation of Philippine Wetlands (SCPW) (e-mail: [email protected])
targets behavior change vis-à -vis trash matters in wetlands cleanup, i.e., rivers. Aware that the volunteers cleaning up a
river system are usually not from the locality, SCPW believes that a river cleanup should also engage those who live in the
area or close to the river so that they are able to see the waste that came from them. In other words, there should be an
“emotional connection” between the wetland and the people engaged in the clean-up operations. It will make them
realize how much of the waste came from them and be motivated to take action to minimize throwing debris into the
river. This should also go hand in hand with community briefings on simple waste management concepts so that people
understand why it is important to manage waste at source. In short, river cleanups should actively involve the members
of the affected community.

Leapfrog waste management to waste reduction

As people’s purchasing power increase, so does the consumption of goods and ever more wastes generated. Waste RA 7586 [NIPAS Act]
producers like private households, businesses or restaurants appreciate the opportunity to sell sorted waste to recyclers.
The latter, in some instances, even resort to buying recyclables from neighboring areas. LGUs must provide spaces for What does this act aim to do?
recycling centers and provision of tactical support like grant of authorization for collecting recyclable wastes and advice
on collaboration with government agencies in charge of waste management. In fact, investment in recycling is on the rise -to secure for the Filipino people of present and future generations the perpetual existence of all native plants and
in developed countries as a consequence of the recent further restrictions on hazardous waste export-import. At the animals through the establishment of a comprehensive system of integrated protected areas within the classification of
same time, legislation banning production of single-use plastics like plastic straws, bags and cutlery are being enforced, national park as provided for in the Constitution.
too. Developing countries should follow suit to ease the world’s waste disposal problem.
to establish a National Integrated Protected Areas System (NIPAS)

What are protected areas?

In connection therewith, our LGUs must make use of the newfound sense of political will at a more dynamic and effective
approach to local garbage management. One such is Baguio City’s latest move in which residents will set up community
refers to identified portions of land and water set aside by reason of their unique physical and biological significance,
operations to collect and compost household organic waste to be used to grow backyard food, a way to repurpose trash
managed to enhance biological diversity and protected against destructive human exploitation;
and avoid waste. Otherwise, our LGUs will be confronted with huge garbage dumpsites at every turn.
What are national parks?
refers to a forest reservation essentially of natural wilderness character which has been withdrawn from settlement,
occupancy or any form of exploitation except in conformity with approved management plan and set aside as such
exclusively to conserve the area or preserve the scenery, the natural and historic objects, wild animals and plants
therein and to provide enjoyment of these features in such areas;

Examples:

Hundred Islands in Alaminos Pangasinan

Mt. Pulag National Park (Benguet, Ifugao)

10
What are the prohibited acts?
What are natural parks?
Hunting, destroying, disturbing, or mere possession of any plants or animals or products derived therefrom without a
a relatively large area not materially altered by human activity where extractive resource uses are not allowed and permit from the Management Board;
maintained to protect outstanding natural and scenic areas of national or international significance for scientific,
educational and recreational use; Dumping of any waste products detrimental to the protected area, or to the plants and animals or inhabitants

Apo Reef Natural Park (Oriental Mindoro) Mayon Volcano (Albay, Bicol) Use of any motorized equipment without a permit from the Management Board

What are natural monuments? Mutilating, defacing or destroying objects of natural beauty, or objects of interest to cultural communities (of scenic
value)
is a relatively small area focused on protection of small features to protect or preserve nationally significant natural
features on account of their special interest or unique characteristics Damaging and leaving roads and trails in a damaged condition

Chocolate Hills (Bohol) Squatting, mineral locating, or otherwise occupying any land

How will this be operationalized? Constructing or maintaining any kind of structure, fence or enclosures, conducting any business enterprise without a
permit
The DENR shall submit to the Senate and the House of Representatives a map and legal descriptions or natural
boundaries of each protected area initially comprising the System. Leaving in exposed or unsanitary conditions refuse or debris, or depositing in ground or in bodies of water

It will also be made public Altering, removing destroying or defacing boundary marks or signs

How will this be operationalized? 2. RA 9147 [Wildlife Act]

Notify the public of the proposed action Approved by President Gloria Macapagal-Arroyo was an important legislative measure geared towards ensuring
environmental sustainability. Originating in the House of Representatives as HB 10622, filed by Rep. J.R. Nereus O.
the President shall issue a presidential proclamation designating the recommended areas as protected areas and
providing for measures for their protection until such time when Congress shall have enacted a law finally declaring such Acosta, the Wildlife Resources Conservation and Protection Act (RA 9147) aims to protect our country’s fauna from
recommended areas as part of the integrated protected area systems; illicit trade, abuse and destruction, through (1) conserving and protecting wildlife species and their habitats, (2)
regulating the collection and trade of wildlife,
Who will be in charge of administration and management of the system?
The National Integrated Protected Areas System is hereby placed under the control and administration of the pursuing, with due regard to the national interest, the Philippine commitment to international conventions,
Department of Environment and Natural Resources. protection of wildlife and their habitats, and

A Protected Areas and Wildlife Division will be created as a division in the regional offices of the DENR. initiating or supporting scientific studies on the conservation of biological diversity.

What is the Protected Area Management Board? The provisions of this Act shall be enforceable for all wildlife species found in all areas of the country, including critical
HABITATS and protected areas under the National Integrated Protected Areas System (NIPAS) Act. Exotic species, or
The Board shall, by a majority vote, decide the allocations for budget, approve proposals for funding, decide matters species which do not naturally occur in the country, are also covered by this Act. All designated critical habitats shall be
relating to planning, peripheral protection and general administration of the area in accordance with the general protected, in coordination with the local government units and other concerned groups, from any form of exploitation or
management strategy. destruction which may be detrimental to the survival of species dependent upon these areas.
What is Environmental Impact Assessment?
The introduction, reintroduction or re-stocking of endemic and indigenous wildlife shall be allowed only for population
Proposals for activities which are outside the scope of the management plan for protected areas shall be subject to an enhancement or recovery. Any introduction shall be subject to a scientific study. The Act also prohibits the introduction
environmental impact assessment as required by law before they are adopted, and the results thereof shall be taken into of exotic species into protected areas and critical habitats. If and when introduction is allowed, it shall be subjected to
consideration in the decision-making process. environmental impact assessment and the informed consent from local stakeholders.
Republic of the Philippines vs City of Davao G.R. No. 148622
Conservation breeding or propagation of threatened species shall be encouraged to enhance its population in its natural
What if the protected area is an ancestral land? habitat. Breeding shall be done simultaneously with the rehabilitation and protection of the habitat where the captive-
bred or propagated species shall be released or reintroduced. When economically important species become threatened,
Ancestral lands and customary rights and interest arising shall be accorded due recognition. collection shall be limited to scientific, educational or breeding purposes.

The DENR shall prescribe rules and regulations to govern ancestral lands within protected areas. They can be evicted The Act makes it unlawful for any person to undertake the following:
by the DENR or arranged in a resettlement without their consent provided there is notice and hearing.
11
killing and destroying wildlife species, except when it is done as part of the religious rituals of established tribal groups The Implementing Rules and Regulations (DENR Administrative Order No.96-40) of the Philippine Mining Act of 1995
or indigenous cultural communities, when the wildlife is afflicted with an incurable communicable disease, when it is provides strict adherence to the principle of SUSTAINABLE DEVELOPMENT. This strategy mandates that the needs of the
deemed necessary to put an end to the misery suffered by the wildlife, or when it is done to prevent an imminent danger present should be met without compromising the ability of the future generations to meet their own needs, with the view
to the life or limb of a human being; when the wildlife is killed or destroyed after it has been used in authorized research of improving the quality of life, both now and in the future. Sustainable development provides that the use of mineral
or experiments wealth shall be pro-people and pro-environment in sustaining wealth creation and improve quality of life.

inflicting injury which cripples and/or impairs the reproductive system of wildlife species The principles of SUSTAINABLE MINING operates under the following terms:

effecting any of the following acts in critical habitats: dumping of waste products detrimental to wildlife; squatting Mining is a temporary land use for the creation of wealth, leading to an optimum land use in post-mining stage as
or otherwise occupying any portion of the critical habitat; mineral exploration and/or extraction; burning; consequence of progressive and engineered mine rehabilitation works done in cycle with mining operations;
logging; and quarrying
Mining activities must always be guided by current Best Practices in environmental management committed to
introduction, reintroduction, or restocking of wildlife resource reducing the impacts of mining while efficiently and effectively protecting the environment.

trading of wildlife The wealth created as a result of mining accruing to the Government and the community should lead to other
wealth-generating opportunities for people in the communities and for other environment-responsible endeavors.
collecting, hunting or possessing wildlife, their by-products and derivatives
Mining activities shall be undertaken with due and equal regard for economic and environmental considerations, as
gathering or destroying of active nests, nest trees, host plants and the like well as for health, safety, social and cultural concerns.

maltreating and/or inflicting other injuries not covered by the preceding paragraph; and Conservation of minerals is effected not only through technological efficiencies of mining operations but also
through the recycling of mineral-based products, to effectively lengthen the usable life of mineral commodities.
transporting of wildlife. The granting of mining rights shall harmonize existing activities, policies and programs of the Government that
directly or indirectly promote self-reliance, development and resource management. Activities, policies and
For any person who undertakes these illegal acts, stiff penalties and fines are meted out. Imprisonment of as much programs that promote community-based, community-oriented and procedural development shall be encouraged,
as 12 years and a fine of P1 million pesos shall be imposed, if inflicted or undertaken against species listed as critical. consistent with the principles of people empowerment and grassroots development.

With the approval of The Wildlife Resources Conservation and Protection Act, Congress continues its commitment to ORGANIZATIONAL IMPLEMENTATION - The Mining Act reverts back the Mines and Geosciences Bureau (MGB) from a
protect the environment to ensure an economically and ecologically sustainable future, following the constitutional Staff to a Line Bureau. Under this arrangement, the MGB Central Office has now the administrative jurisdiction and
mandate of the State to protect and advance the right of its people to “a balanced and healthful ecology in accord with responsibility over its regional offices. The Line Bureau structure was contemplated to ensure organizational efficiency
rhythm and harmony of nature.” and flexibility in managing limited resources and technical expertise.

ROLE OF LOCAL GOVERNMENTS - The IRR highlights the role of local government units (LGUs) in mining projects,
RA 7942 [ Mineral Resources Act] both as beneficiaries and as active participants in mineral resources management, in consonance with the Constitution
and government policies on local autonomy and empowerment.
The Philippine Mining Act of 1995 and its Revised Implementing Rules and Regulations (RIRR) is considered in the
industry today as one of the most socially and environmentally-sensitive legislations in its class. It has specific AREAS CLOSED TO THE MINING APPLICATION Pursuant to the Mining Act of 1995 and in consonance with State
provisions that take into consideration: policies and existing laws, areas may either be closed to mining operations, or conditionally opened, as follows: Areas
Local government empowerment; CLOSED to mining applications:

Respect and concern for the indigenous cultural communities; Areas covered by valid and existing mining rights and applications;

Equitable sharing of benefits of natural wealth; Old growth or virgin forests, mossy forests, national parks, provincial/municipal forests, tree parks, greenbelts, game
refuge, bird sanctuaries and areas proclaimed as marine reserve/marine parks and sanctuaries and areas proclaimed as
Economic demands of present generation while providing the necessary foundation for future marine reserve/marine parks and tourist zones as defined by law and identified initial components of the NIPAS, and
generations; such areas as expressly prohibited thereunder, as well as under DENR Administrative Order No. 25, s. 1992, and other
laws;
Worldwide trend towards globalization; and
Areas which the Secretary may exclude based, inter alia, or proper assessment of their environmental impacts and
Protection for and wise management of the environment. These were the products of long periods of assessment, implications on sustainable land uses, such as built-up areas and critical watershed with appropriate
evaluation, and rectification of the sins of the past, the gaps of the old mining law, and the realities of the present barangay/municipal/ provincial Sanggunian ordinances specifying therein the location and specific boundaries of the
times. concerned area; and

GOVERNING PRINCIPLES Areas expressly prohibited by law

12
ANCESTRAL LANDS AND ICC AREAS - The Mining Act fully recognizes the rights of the Indigenous Peoples
(IPs)/Indigenous Cultural Communities (ICCs) and respect their ancestral lands.

ENVIRONMENTAL AND SAFETY CONCERNS

A significant feature of the Mining Act of 1995 and its IRR is the premium given to environmental protection. Stringent
measures were institutionalized to ensure the compliance of mining contractors/operators to internationally accepted
standards of environmental management.

TAXES AND INCENTIVES

Mining contractors of MPSA and FTAA can avail of fiscal and non-fiscal incentives granted under the Omnibus
Investment Code of 1987, as amended.

In addition to these incentives, the following are also granted by the Mining Act.

Incentives for pollution control devises;

Incentives for income tax carry forward of losses;

Incentives for income tax accelerated depreciation on fixed assets;

Investment guarantees, such as investment repatriation, earnings remittance, freedom from expropriation, and
requisition of investment, and confidentiality of information.
13
Indigenous Peoples Rights Act RA 8371 (connected to Convention on Biodiversity Act) Indigenous Cultural Communities/Indigenous Peoples - refer to a group of people or homogenous societies identified by
self-ascription and ascription by other, who have continuously lived as organized community on communally bounded
ACT TO RECOGNIZE, PROTECT AND PROMOTE THE RIGHTS OF INDIGENOUS CULTURAL COMMUNITIES/INDIGENOUS and defined territory, and who have, under claims of ownership since time immemorial, occupied, possessed customs,
PEOPLES, CREATING A NATIONAL COMMISSION ON INDIGENOUS PEOPLES, ESTABLISHING IMPLEMENTING tradition and other distinctive cultural traits, or who have, through resistance to political, social and cultural inroads of
MECHANISMS, APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES colonization, non-indigenous religions and culture, became historically differentiated from the majority of Filipinos.
ICCs/IPs shall likewise include peoples who are regarded as indigenous on account of their descent from the populations
SECTION 2. Declaration of State Policies. — The State shall recognize and promote all the rights of Indigenous Cultural which inhabited the country, at the time of conquest or colonization, or at the time of inroads of non-indigenous religions
Communities/Indigenous Peoples (ICCs/IPs) hereunder enumerated within the framework of the Constitution: and cultures, or the establishment of present state boundaries, who retain some or all of their own social, economic,
cultural and political institutions, but who may have been displaced from their traditional domains or who may have
The State shall recognize and promote the rights of ICCs/IPs within the framework of national unity and resettled outside their ancestral domains;
development;
National Commission on Indigenous Peoples (NCIP) - refers to the office created under this Act, which shall be under the
The State shall protect the rights of ICCs/IPs to their ancestral domains to ensure their economic, social and cultural well Office of the President, and which shall be the primary government agency responsible for the formulation and
being and shall recognize the applicability of customary laws governing property rights or relations in determining the implementation of policies, plans and programs to recognize, protect and promote the rights of ICCs/IPs;
ownership and extent of ancestral domain;
Native Title - refers to pre-conquest rights to lands and domains which, as far back as memory reaches, have been held
The State shall recognize, respect and protect the rights of ICCs/IPs to preserve and develop their cultures, traditions under a claim of private ownership by ICCs/IPs, have never been public lands and are thus indisputably presumed to
and institutions. It shall consider these rights in the formulation of national laws and policies; have been held that way since before the Spanish Conquest;

The State shall guarantee that members of the ICCs/IPs regardless of sex, shall equally enjoy the full measure of Sustainable Traditional Resource Rights - refer to the rights of ICCs/IPs to sustainably use,manage, protect and
human rights and freedoms without distinction or discrimination; conserve a) land, air, water, and minerals; b) plants, animals and other organisms; c) collecting, fishing and hunting
grounds; d) sacred sites; and e) other areas of economic, ceremonial and aesthetic value in accordance with their
The State shall take measures, with the participation of the ICCs/IPs concerned, to protect their rights and guarantee indigenous knowledge, beliefs, systems and practices; and
respect for their cultural integrity, and to ensure that members of the ICCs/IPs benefit on an equal footing from the
rights and opportunities which national laws and regulations grant to other members of the population; and Time Immemorial - refers to a period of time when as far back as memory can go, certain ICCs/IPs are known to have
occupied, possessed in the concept of owner, and utilized a defined territory devolved to them, by operation of
The State recognizes its obligations to respond to the strong expression of the ICCs/IPs for cultural integrity by assuring customary law or inherited from their ancestors, in accordance with their customs and traditions.
maximum ICC/IP participation in the direction of education, health, as well as other services of ICCs/IPs, in order to
render such services more responsive to the needs and desires of these communities. CHAPTER III RIGHTS TO ANCESTRAL DOMAINS

Towards these ends, the State shall institute and establish the necessary mechanisms to enforce and guarantee the Section 4. Concept of Ancestral Lands/Domains. - Ancestral lands/domains shall include such concepts of territories
realization of these rights, taking into consideration their customs, traditions, values, beliefs, interests and institutions, which cover not only the physical environment but the total environment including the spiritual and cultural bonds to
and to adopt and implement measures to protect their rights to their ancestral domains. the area which the ICCs/IPs possess, occupy and use and to which they have claims of ownership.

Section 3. Definition of Terms. - For purposes of this Act, the following terms shall mean: Section 5. Indigenous Concept of Ownership. - Indigenous concept of ownership sustains the view that ancestral
domains and all resources found therein shall serve as the material bases of their cultural integrity. The indigenous
Ancestral Domains - Subject to Section 56 hereof, refer to all areas generally belonging to ICCs/IPs comprising concept of ownership generally holds that ancestral domains are the ICC's/IP's private but community property which
lands,inland waters, coastal areas, and natural resources therein, held under a claim of ownership, occupied or possessed belongs to all generations and therefore cannot be sold, disposed or destroyed. It likewise covers sustainable traditional
by ICCs/IPs, themselves or through their ancestors, communally or individually since time immemorial, continuously to resource rights.
the present except when interrupted by war, force majeure or displacement by force, deceit, stealth or as a consequence
of government projects or any other voluntary dealings entered into by government and private individuals, Section 6. Composition of Ancestral Lands/Domains. - Ancestral lands and domains shall consist of all areas
corporations, and which are necessary to ensure their economic, social and cultural welfare. It shall include ancestral generally belonging to ICCs/IPs as referred under Sec. 3, items (a) and (b) of this Act.
land, forests, pasture,
residential, agricultural, and other lands individually owned whether alienable and disposable or Section 7. Rights to Ancestral Domains. - The rights of ownership and possession of ICCs/IPs t their ancestral domains
otherwise, hunting grounds, burial grounds, worship areas, bodies of water, mineral and other natural shall be recognized and protected. Such rights shall include:
resources, and lands which may no longer be exclusively occupied by ICCs/IPs but from which their
traditionally had access to for their subsistence and traditional activities, particularly the home ranges of a. Rights of Ownership.- The right to claim ownership over lands, bodies of water traditionally and actually occupied by
ICCs/IPs who are still nomadic and/or shifting cultivators; ICCs/IPs, sacred places, traditional hunting and fishing grounds, and all improvements made by them at any time within
Ancestral Lands - Subject to Section 56 hereof, refers to land occupied, possessed and utilized by individuals, families the domains;
and clans who are members of the ICCs/IPs since time immemorial, by themselves or through their predecessors-in-
interest, under claims of individual or traditional group ownership,continuously, to the present except when b. Right to Develop Lands and Natural Resources. - Subject to Section 56 hereof, right to develop, control and use lands and
interrupted by war, force majeure or displacement by force, deceit, stealth, or as a consequence of government territories traditionally occupied, owned, or used; to manage and conserve natural resources within the territories and
projects and other voluntary dealings entered into by government and private individuals/corporations, including, uphold the responsibilities for future generations; to benefit and share the profits from allocation and utilization of the
but not limited to, residential lots, rice terraces or paddies, private forests, swidden farms and tree lots; natural resources found therein; the right to negotiate the terms and conditions for the exploration of natural resources
in the areas for the purpose of ensuring ecological, environmental protection and the conservation measures, pursuant to
national and customary laws; the right to an informed and intelligent participation in the formulation and
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implementation of any project, government or private, that will affect or impact upon the ancestral domains and to
receive just and fair compensation for any damages which they sustain as a result of the project; and the right to effective RULES AND REGULATIONS IMPLEMENTING “THE INDIGENOUS PEOPLES’ RIGHTS ACT OF 1997”
measures by the government to prevent any interfere with, alienation and encroachment upon these rights;
c. Right to Stay in the Territories- The right to stay in the territory and not be removed therefrom. No ICCs/IPs will be Section 4. Operating Principles. In implementing the policies enumerated in these Rules, the following operating
relocated without their free and prior informed consent, nor through any means other than eminent domain. Where principles shall be adhered to:
relocation is considered necessary as an exceptional measure, such relocation shall take place only with the free and
prior informed consent of the ICCs/IPs concerned and whenever possible, they shall be guaranteed the right to return to Cultural Diversity. As the beginning of unity is difference, the diversity of cultures, traditions, beliefs and
their ancestral domains, as soon as the grounds for relocation cease to exist. When such return is not possible, as aspirations of indigenous peoples shall be encouraged and fostered in openness, mutual respect for, and active defense of
determined by agreement or through appropriate procedures, ICCs/IPs shall be provided in all possible cases with lands the equal and inalienable dignity and universal, indivisible, interdependent and interrelated rights of every human being,
of quality and legal status at least equal to that of the land previously occupied by them, suitable to provide for their in the spirit of inter-people cooperation;
present needs and future development. Persons thus relocated shall likewise be fully compensated for any resulting loss
or injury; Consensus and Peace-Building. In resolving conflicts or disputes affecting or pertaining to indigenous peoples,
any determination or decision thereon shall be reached through dialogue and consensus as far as practicable;
d. Right in Case of Displacement. - In case displacement occurs as a result of natural catastrophes, the State shall endeavor
to resettle the displaced ICCs/IPs in suitable areas where they can have temporary life support system: Provided, That Cultural Integrity. Within ancestral domains/lands, the holistic and integrated adherence of indigenous
the displaced ICCs/IPs shall have the right to return to their abandoned lands until such time that the normalcy and peoples to their respective customs, beliefs, traditions, indigenous knowledge systems and practices, and the assertion of
safety of such lands shall be determined: Provided, further, That should their ancestral domain cease to exist and their character and identity as peoples shall remain inviolable;
normalcy and safety of the previous settlements are not possible, displaced ICCs/IPs shall enjoy security of tenure over
lands to which they have been resettled: Provided, furthermore, That basic services and livelihood shall be provided to Human Dignity. The inherent and inalienable distinct character, sacred human dignity, and unique identity of
them to ensure that their needs are adequately addressed: indigenous peoples as peoples shall be respected;

e. Right to Regulate Entry of Migrants. - Right to regulate the entry of migrant settlers and organizations into the Subsidiarity, Solidarity and Total Human Development. In the pursuit of civil, political, economic, social and
cultural development, the human person shall be the central subject thereof and its active participant and beneficiary.
domains; Everyone has duties to the community. In the exercise of rights and freedoms, everyone shall be subject only to such
f. Right to Safe and Clean Air and Water. - For this purpose, the ICCs/IPs shall have access to integrated systems for the limitations as are determined by custom or law, solely for the purpose of securing due recognition and respect for the
management of their inland waters and air space; rights and freedoms of others and of meeting the just requirements of
morality, public order and the general welfare in a democratic society; and f) Transparency and Capacity Building. The
g. Right to Claim Parts of Reservations. - The right to claim parts of the ancestral domains which have been reserved Commission shall perform its tasks on the basis of transparency and active support and participation by the ICCs/IPs,
for various purposes, except those reserved and intended for common and public welfare and service; and and shall take a proactive strategy in empowering ICCs/IPs and in the fulfillment of its mandate
h. Right to Resolve Conflict. - Right to resolve land conflicts in accordance with customary laws of the area where the land
is located, and only in default thereof shall the complaints be submitted to amicable settlement and to the Courts of
Justice whenever necessary.

Section 8. Rights to Ancestral Lands. - The right of ownership and possession of the ICCs/IPs, to their ancestral lands
shall be recognized and protected.

a. Right to transfer land/property. - Such right shall include the right to transfer land or property rights to/among
members of the same ICCs/IPs, subject to customary laws and traditions of the community concerned
b. Right to Redemption. - In cases where it is shown that the transfer of land/property rights by virtue of any agreement
or devise, to a non-member of the concerned ICCs/IPs is tainted by the vitiated consent of the ICCs/IPs,or is transferred
for an unconscionable consideration or price, the transferor ICC/IP shall have the right to redeem the same within a
period not exceeding fifteen (15) years from the date of transfer.

Section 9. Responsibilities of ICCs/IPs to their Ancestral Domains. - ICCs/IPs occupying a duly certified ancestral domain
shall have the following responsibilities:

a. Maintain Ecological Balance- To preserve, restore, and maintain a balanced ecology in the ancestral domain by
protecting the flora and fauna, watershed areas, and other reserves;

b. Restore Denuded Areas- To actively initiate, undertake and participate in the reforestation of denuded areas and other
development programs and projects subject to just and reasonable remuneration; and

c. Observe Laws- To observe and comply with the provisions of this Act and the rules and regulations for its effective
implementation.

National Commission on Indigenous Peoples [AO No. 1, s. 1998]