LESSON 3.

ENVIRONMENTAL LAWS IN THE PHILIPPINES

Overview

This lesson discusses the environmental laws in the Philippines specifically the
Philippine Environmental Impact Statement (EIS) System that was enacted under the
P.D. No. 1586 on June 11, 1978. The system has been refined through a number of
laws, proclamations, regulations and guidelines.

Learning Outcomes

At the end of this lesson, the students will be able to:

1. Identify the major environmental laws in the Philippines

2. Discuss the penalties and sanctions of disobeying those environmental
laws; and
3. Enumerate the government sectors that are responsible in
implementing those environmental laws.

Materials Needed:

Gadgets (cellphone, laptop, etc.), Module, Internet connection, Activity

Notebook

Duration: 1 and 30 mins.

Learning Content:

Environmental Laws in the Philippines (Reporter 23 & 24)

1. Presidential Decree No. 1586 - ENVIRONMENTAL IMPACT STATEMENT

SYSTEM (EIA) - (11 June 1978):

This policy established the Philippine Environmental Impact Statement

System (PEISS) as the framework for all environmental impact assessment
activities nationwide. In consonance with the Philippine Environmental Policy
(PD 1151), the PEISS includes the classification of every development project
as either environmentally critical or environmentally non-critical. All projects that
can potentially cause any form of significant impact to the environment are
regarded as environmentally critical and are therefore required to secure one
of the following:
 • 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.

• 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.

2. Presidential Decree No. 1151 (06 June 1977):

In the pursuit of advancing both the productive and harmonious relationship of

nature and the Filipino people of today and the future, the Philippine
Environmental Policy mandates an intensive and integrated national
environmental protection program mainly by requiring environmental impact
assessments and statements.

3. Republic Act No. 7611: The Strategic Environmental Plan (SEP)

It is “a comprehensive framework for the sustainable development of Palawan.”

All projects of government agencies, from planning to implementation, in the
province should be coordinated and aligned to this framework. The main
strategy here is to establish an “Environmentally Critical Areas Network” or
ECAN which is a graded system of protective control over all terrestrial and
marine natural resources, as well as the tribal ancestral lands in Palawan. The
Palawan Council for Sustainable Development (PCSD) was created pursuant
to this policy.

4. Republic Act No. 9729:

In light of the climate vulnerability of the Philippines and its people, the Climate
Change Act of 2009 integrates climate change adaptation and mitigation
strategies into policy formulation and development activities of all government
agencies. It also created the Climate Change Commission, chaired by the
President of the Republic of the Philippines, as the central entity for all climate
change-related plans and programs in the country.

5. Presidential Decree No. 856 (23 December 1975):

The Philippine Sanitation Code sets sanitary standards for drinking water, food
and other business establishments, industrial hygiene, schools, health
services, markets, slaughterhouses, transport vehicles, terminals and other
service stations, and lodging areas and infrastructures among many others. It
regulates nuisances (anything that injures health, endangers life, offends
senses, or produces discomfort to the community), and activities concerning
dead persons, their funeral, and remains. Importantly, it regulates other forms
of pollution not covered in the above-mentioned places like that caused by
certain substances, radiation, noise, and biological pollutants among others. It
also sets the requirements for the collection of sewage, operation of sewerage
works and sewage treatment plants, construction of septic tanks, and disposal
of septic tank effluents (Chapter XVII).

6. Presidential Decree No. 979 (18 August 1976):

Pursuant to this policy, dumping of wastes and other hazardous matter into the
ocean and inland waters of the Philippines is considered unlawful unless due
to unavoidable accidents or otherwise prescribed by the National Pollution
Control Commission or the Philippine Coast Guard.
7. Presidential Decree No. 1067 (31 December 1976):

The Water Code of the Philippines governs the ownership, allocation,

utilization, control, conservation, and the overall administration of all waters and
water resources in the country through the National Water Resources Board.
Filipinos of legal age and entities, including government agencies, must acquire
a water permit (the written evidence of having a water right) in order to be able
to appropriate and use water. Any activities affecting water resources shall
likewise acquire a permit first.

The water permit specifies among others the

(1) maximum amount and rate as well as the schedule of water

diversion or withdrawal,

(2) location of wells,

(3) place of use, and

(4) purpose/s of water use

8. Republic Act No. 8749:

One of the salient features of this Act is the establishment of a multi-sectoral

Integrated Air Quality Improvement Framework and Air Quality Control Action
Plan which will serve as the primary guide for air pollution management and
control in the country. Adopting a multi-sectoral or participatory approach (also
called “partnership approach to healthy air” or “people-driven approach”)
means that ideas and comments should be gathered from all stakeholders, and
information is largely disclosed to the public. Alongside many other regulatory
measures, all sources of air pollutant emissions are also mandated by this Act
to secure a permit to operate apart from the Environmental Compliance
Certificate (ECC). Importantly, this Act sets the emission limits for various types
of pollutants both stationary and mobile, including smoking, fuel and fuel
additives, ozone-depleting substances, greenhouse gases, and organic
pollutants among many others.
Salient Features of the Clean Air Act of 1999:

• 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.

9. Republic Act No. 6969:

Importation, manufacturing, processing, sale, distribution, use, and disposal of

substances that pose an unreasonable risk and/or injury to the health of the
people and the environment are prohibited under this Act. All chemicals being
presently imported, manufactured, or used in the country are listed in an
inventory with full details and any new substances must undergo pre-
manufacturing or pre-importation regulations.

10. Republic Act No. 9003:

Aimed at establishing a nationwide ecological solid waste management

program, this Act provides for the furtherance of proper segregation, collection
and transport, recycling, and composting of wastes in the Philippines. Article 6
of RA 9003 promulgates the guidelines for a comprehensive waste
management strategy including but not limited to: Prohibition of open dumps,
Requiring a permit for solid waste management facility construction and
expansion, Guidelines for controlled dumps, and Criteria for siting,
establishment, and operations of sanitary landfills in the country.
11. Republic Act No. 9275:

The Philippine Clean Water Act of 2004 is the comprehensive strategy for the
protection and conservation of the country’s water resources, both freshwater
and marine. This Act requires the acquisition of water pollution permits through
the “Wastewater Charge System” which ensures that there are no
unauthorized, undocumented, and unregulated discharges in any water body
in the Philippines.

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; issue rules and regulations in the implementation of the Act.
• Department of Agriculture (DA) – shall develop guidelines for re-use of
wastewater for irrigation purposes or as soil conditioner or fertilizer;
together with the PCG shall enforce water quality standards in marine
waters
• Philippine Coast Guard (PCG ) – shall enforce standards and regulations
in offshore areas including the discharge of wastewater by ships;
together with the DA shall enforce water quality standards in marine
waters .
• 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 standards
• 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 re- injection constraints, that provides adequate protection
to other users of water bodies downstream of the geothermal project.
• 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.

References:

Complete List of all Environmental Laws and Policies in the Philippines -

GreenDev Solutions. (2022, January 27).
https://greendevsolutions.com/environmental-laws-and-policies-in-
the-philippines/
Lagarto, Jemuel. (n.d.). Module 3 of People and the Earth’s
Ecosystem [Review of Module 3 of People and the Earth’s Ecosystem].
Www.studocu.com. Retrieved March 13, 2023, from
https://www.studocu.com/ph/document/aurora-state-college-of-
technology/bachelor-of-science-in-civil-engineering/module-2-of-
people-and-the-earths-ecosystem/22638708