PHILIPPINE ENVIRONMENTAL LAWS

Article II of the 1987 Philippine Constitution states that;

• The State shall protect the and promote the right to health of the
people and instill health consciousness among them. (Section 15)

• The State shall protect and advanced the right of the people to a
balanced and healthful ecology in accord with rhythm and harmony
of nature. (Section 16)
RA 9003 (Ecological Solid Waste Management Act Of 2000)

RA 9275 (The Philippine Clean Water Act Of

2004)

RA 8550 (The Philippine Fisheries Code Of 1998)

RA 8749 (The Philippine Clean Air Act Of 1999)

RA 6969 (Toxic Substances And Hazardous And

Nuclear Wastes Control Act 1990)
RA 9003 (Ecological Solid Waste Management Act Of 2000)

• An Act providing for an ecological solid waste management program, creating the
necessary institutional mechanisms, declaring certain prohibited acts.
• Was passed by the Congress and Senate on December 2000 and signed by the
President on January 26, 2001, took effect on February 16, 2001.
• In partnership with stakeholders, the law aims to adopt a systematic, comprehensive
and ecological solid waste management program that shall ensure the protection of
public health and environment. The law ensures proper segregation, collection,
storage, treatment and disposal of solid waste through the formulation and adaptation
of best eco-waste products.
• It provides the legal framework for the country's systematic, comprehensive, and
ecological solid waste management program that shall ensure protection of public
health and the environment. Key features of the Solid Waste Management Act.
• The NSWMB of provinces, cities, and municipalities shall be responsible for the
development of their respective SW management plans;
1. Formulation of the NSWMF 10-year SW plans by local government units; \
2. Mandatory segregation of SW to be conducted at the source;
3. Setting of minimum requirements to ensure systematic collection and transport of
wastes and the proper protection of garbage collectors' health;
4. Establishment of reclamation programs and buy-back centers for recyclable and
toxic materials;
5. Promotion of eco-labeling and prohibition on non-environmentally acceptable
products and packaging;
6. Establishment of Materials Recovery Facility (MRF) in every barangay or cluster of
barangays;
7. Prohibition against the use of open dumps and setting of guidelines/criteria for the
establishment of controlled dumps and sanitary landfills;
 PROHIBITIONS AND PENALTIES
1. Littering, throwing, dumping of waste matters in public places, such as Fine: not less than (Php300), not more than
roads, sidewalks, canals, esteros or parks, and establishment, or causing or (P1,000.00) or community service, not less
permitting the same; than 1 day not mor than 15 days in LGU where
acts committed or BOTH.

2. Undertaking activities or operating, collecting or transporting equipment in

violation of sanitation operation and other requirements or permits set forth in Fine: not less than (P300.00) but not more
or established pursuant to this Act; than (P1,000.00) or imprisonment of not less
than 1 day but to not more than 15 days, or
3. The open burning of solid waste; both;

4. Causing or permitting the collection of non-segregated or unsorted waste;

5. Squatting in open dumps and landfills Fine of not less than (P1,000.00) but not more
6. Open dumping, burying of biodegradable or non-biodegradable materials than (P3,000.00) or imprisonment of not less
in flood-prone areas; than 15 days but to not more than 6 months,
7. Unauthorized removal of recyclable material intended for collection by or both;
authorized persons;

8. The mixing of source-separated recyclable material with other solid waste in 1st time, (P500,000) plus 5%-10% of annual
any vehicle, box, container or receptacle used in solid waste collection or income or imprisonment of not less than of 1
disposal; year not more than 3 years, or both.
9. The manufacture, distribution or use of non-environmentally acceptable
packaging materials;

• If the offense is committed by a corporation, partnership, or other • If the offender is an alien, he shall, after
juridical entity duly organized in accordance with law, the chief executive service of the sentence prescribed above, be
officer, president, general manager, managing partner or such other deported without further administrative
officer-in-charge shall be liable for the commission of the offense proceedings.
penalized under this Act.
RA 9275 (The Philippine Clean Water Act Of 2004)
•It aims to protect the country's water bodies from pollution from land-based sources
(industries and commercial establishments, agriculture and community/household activities). It
provides for comprehensive and integral strategy to prevent and minimize pollution through a
multi sectoral and participatory approach involving all the stakeholders.

•Signed by President Gloria Macapagal-Arroyo on March 22, 2004. took effect on May 6, 2004.

•Under the Act, discharges of wastewater shall be controlled. Owners or operators of

facilities that discharge wastewater are required to get a permit to discharge from the EMB.
Domestic wastewater will be addressed accordingly.

•The Department of Public Works and Highways (DPWH), in coordination with local government
units (LGUs) will prepare a national program on sewage and septage management.
1. Discharging or depositing any water pollutant to the water body, or such which will
impede natural flow in the water body.
2.Discharging, injecting or allowing to enter into the soil, anything that would pollute
groundwater.
3.Operating facilities that discharge regulated water pollutants without the valid
required permits.
4. Disposal of potentially infectious medical waste into sea by vessels.
5.Unauthorized transport or dumping into waters of sewage sludge or solid waste.
6. Transport, dumping or discharge of prohibited chemicals, substances or pollutants
listed under Toxic Chemicals, Hazardous and Nuclear.
7. Discharging regulated water pollutants without the valid required discharge permit
pursuant to this Act.
8.Noncompliance of the LGU with the Water Quality Framework and Management
Area Action Plan.
 PROHIBITIONS AND PENALTIES
- Upon the recommendation of the Pollution
Adjudication Board (PAB)

Discharging untreated Fined for every day of violation, the amount of not
wastewater into any water body. less than Php 10,000 but not more than Php
200,000.
Failure to undertake clean-up Fine of not less than Php 50,000 and not more than Php
operations. 100,000 per day of violation or imprisonment of not less
than 2 years and not more than 4 years.

Failure or refusal to clean up which Fine of Php 500,000/day for each day the
results in serious injury or loss of life contamination or omission continues or imprisonment of
or lead to irreversible water not less than 6 years and 1 day and not more than 12
contamination of surface, ground, years.
coastal and marine water.
In cases of gross violation. Fine of not less than Php 500,000 but not more than
Php 3,000,000 will be imposed for each day of violation.
Criminal charges may also be filed.
 RA 8550 (The Philippine Fisheries Code Of 1998 R.A
10654)

• Approved: Feb 25, 1998, took effect on July

28,1998.
• An act providing for the development, management
and conservation of the fisheries, integrating all law
pertinent thereto and for other purposes
• further amended by also known as “The Philippine
Fisheries code of 1998”
The provision of this code shall be enforced in:
a. All Philippine water including waters over which the
Philippines has sovereignty and jurisdiction and the
country’s 200-nautical miles Exclusive Economic
Zone(EEZ) and continental shelf
b. All aquatic and fishery resources whether inland,
coastal or offshore fishing areas, including but not limited to
fishponds, fishpens/cages ;and
c. All lands devoted to aquaculture, or business and
activities relating to fishery, whether private or public lands.
 PROHIBITIONS AND PENALTIES
Fishing in Overfished Area and Fine of P6,000.00 and by forfeiture of the catch and
During Closed Season. cancellation of fishing permit or license or imprisonment of 6
months and one 1 day to 6 years.
Fishing in Fishery Reserves, Fine of P2,000.00 to P20,000.00 or imprisonment of 2 years
Refuge and Sanctuaries. to 6 years and/or and by forfeiture of the catch and the
cancellation of fishing permit or license.
Fishing Or Taking of Rare, Fine of P120,000.00 or Imprisonment of 12 years to 20 years
Threatened or Endangered and forfeiture of the catch, and the cancellation of fishing
Species. permit.
Ban on Coral Exploitation and Fine from P2,000.00 to 20,000.00 or imprisonment from 6
Exportation. months to 2 years or both such fine and imprisonment, at the
discretion of the court, and forfeiture of the subject corals,
including the vessel and its proper disposition.

The confiscated corals shall either be returned to the sea or

donated to schools and museums for educational or scientific
purposes or disposed through other means.
Illegal Use of Superlights. Fine of P5,000.00 per superlight or,imprisonment from 6
months to 2 years or a or both such fine and imprisonment at
the discretion of the courts. The superlight, fishing gears and
RA 8749 (The Philippine Clean Air Act Of 1999)
• It was signed by Joseph Estrada on June 23,1999
• This law aims to achieve and maintain clean air that meets the National Air Quality
guideline values for criteria pollutants, throughout the Philippines, while minimizing the
possible associated impacts to the economy.
• Provides for a comprehensive air quality management policy and program which aims to
achieve and maintain healthy air for all Filipinos. The DENR Secretary, upon
recommendation of the EMB, will divide the country into different airsheds.
• Airsheds are to be designated based on climate, weather, meteorology, and topology,
which affect the mixture and diffusion of pollutants in the air, share common interests or
face similar development problems. These will be managed by multi-sectoral Governing
Boards chaired by the DENR Secretary with representatives from concerned government
agencies, the private sector, NGOs and LGUS
• In order to achieve clean air, we need clean fuels. The CAA provides for the complete phase-out
of leaded gasoline; lowering of the sulfur content of industrial and automotive diesel: lowering of
aromatics and benzene in unleaded gasoline.
• Stationary sources must comply with the National Emission Standards for Source Specific
Air Pollutants (NESSAP) and National Ambient Air Quality Standards (NAAQS) and must
secure their permit to operate, prior to operation.
• A business firm is fined of not more than P100,000 for every day of violation until such time
that standards are met or imprisonment of not less than 6 years but not more than 10 years
upon the discretion of the court.
• The Pollution Adjudication Board (PAB) adjudicates all environmental cases.

• Emission Standards- sets specific limits for the amount of pollutants that can be emitted from
various sources, including industrial facilities, motor vehicles, and other mobile sources.
• Air Quality Management Fund is established to supportthe implementation of the Act. The
fund is sourced from fines, fees, and otherrevenues related to air pollution control and is used
forresearch, education, and the implementation of air quality programs.
The Clean Air Act covers all potential sources of air pollution, to
wit:
(1) Mobile Sources (e.g. motor vehicles); (Section 13)
(2) Point or Stationary Sources (e.g. industrial plants); (Section 19)
(3) Area Sources (e.g. wood or coal burning)
(4) Pollution from Other Sources
a. Pollution from smoking
b. Fuel and fuel-related products
Violators will be subject to the following fines/penalties (the driver and operator of the
apprehended vehicle shall undergo a seminar on pollution control management conducted by the
DOTC and shall also suffer the following penalties)
Ist Offense- fine not exceed P 2,000.00
2nd Offense- fine not less than P 2,000.00 an not to exceed P 4,000.00
3rd Offense- (1) year suspension of Motor Vehicle Registration and fine not less than P
4,000.00 and not more than P 6,000.00.
• Sec. 21 paragraph (d) with regard to national inspection and maintenance program, including technicians and
facility compliance shall penalized with a fine of not less than (P30,000.00) or cancellation of license of both
the technician and the center, or both, as determined by the DTI.
• Section 47 - For violations of all other provisions provided in this Act and of the rules and regulations thereof, a fine of
not less than (P10,000) but not more than (P100,000) or (6) months to (6) years imprisonment or both shall
be imposed. If the offender is a juridical person, the president, manager, directors, trustees, the pollution control
officer or the officials directly in charge of the operations shall suffer the penalty herein provided.

• Section 48. Gross Violations. - the PAB shall recommend to the proper government agencies to file the appropriate
criminal charges against the violators. The PAB shall assist the public prosecutor in the litigation of the case.
Gross violation shall mean:
(a) three (3) or more specific offenses within a period of (1) year;
(b) three (3) or more specific offenses with (3) consecutive years;
(c) blatant disregard of the orders of the PAB, such s but not limited to the breaking of seal, padlocks and
other similar devices, or operation despite the existence of an order for closure, discontinuance or cessation of
operation; and
(d) irreparable or grave damage to the environment as a consequence of any violation of the provisions of this
Act.
• Offenders shall be punished with imprisonment of not less than six (6) years but not more than ten (10) years
at the discretion of the court. If the offender is a juridical person, the president, manager, directors, trustees, the
pollution control officer or the officials directly in charge of the operations shall suffer the penalty herein provided.
RA 6969 (Toxic Substances And Hazardous And
Nuclear Wastes Control Act 1990)
The law aims to regulate restrict or prohibit the importation,
manufacture, processing, sale, distribution, use and disposal of chemical
substances and mixtures the present unreasonable risk to human health.
It likewise prohibits the entry, even in transit, of hazardous and nuclear
wastes and their disposal into the Philippine territorial limits for whatever
purpose, and to provide advancement and facilitate research and studies
on toxic chemicals.
The Act provides the legal framework for the Philippines to control and
manage the importation, manufacture, processing, distribution, use,
transport, treatment and disposal of toxic substances and hazardous and
nuclear.
SECTION 13. considered unlawful:

Prohibited Acts. The following acts and omissions shall be

a) Knowingly use a chemical substance or mixture which is imported, manufactured,
processed or distributed in violation of this Act or implementing rules and regulations or
orders;
b) 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;
c) Failure or refusal to comply with the pre-manufacture and pre-importation
requirements; and
d) Cause, aid or facilitate, directly or indirectly, in the storage, importation, or bringing
into Philippine territory, including its maritime economic zones, even in transit, either by
means of land, air or sea transportation or otherwise keeping in storage any amount of
hazardous and nuclear wastes in any part of the Philippines.
 a) The penalty of imprisonment of six (6) months and one (1) day to six (6) years
and one (1) day and a fine ranging from Six hundred pesos (P600.00) to Four
thousand pesos (P4,000.00) shall be imposed upon any person who shall violate
Section 13(a) to (c) of this Act and shall not be covered by the Probation Law.
-If the offender is a foreigner, he or she shall be deported and barred from any
subsequent entry into the Philippines after serving his or her sentence;
b) In case any violation of this Act is committed by a partnership, corporation,
association or any juridical person, the partner, president, director or manager who shall
consent to or shall knowingly tolerate such violation shall be directly liable and responsible
for the act of the employees and shall be criminally liable as a co-principal,

A Chemical Control Order (CCO) is issued by the DENR to prohibit, limit or regulate
the use, manufacture, import, export, transport, processing, storage, possession and
wholesale of priority chemicals that are determined to be regulated, phased-out, or
banned because of the serious risks they pose to public health and the environment.