June 6, 1977

PRESIDENTIAL DECREE NO. 1152

PHILIPPINE ENVIRONMENT CODE

WHEREAS, the broad spectrum of environment has become a matter of vital concern to the government;
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WHEREAS, the national leadership has taken a step towards this direction by creating the National Environmental Protection Council under Presidential Decree No. 1121; WHEREAS, it is necessary that the creation of the Council be implemented with the launching of a comprehensive program of environmental protection and management; WHEREAS, such a program can assume tangible and meaningful significance only by establishing specific environment management policies and prescribing environment quality standards in a Philippine Environment Code; NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Republic of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby order and decree: SECTION 1.Short Title. This Decree shall be known and cited as the "Philippine Environment Code." TITLE I

Air Quality Management

SECTION 2.Purposes. The purposes of this Title are: a)to achieve and maintain such levels of air quality as to protect public health; and b)to prevent to the greatest extent practicable, injury and/or damage to plant and animal life and property, and promote the social and economic development of the country.
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CHAPTER I

Standards

SECTION 3.Ambient Air Quality Standards. There shall be established ambient air quality standards which shall prescribe the maximum concentration of air pollutants permissible in the atmosphere consistent with public health, safety and general welfare. In the establishment of ambient air quality standards, factors such as local atmospheric conditions, location and land use, and available technology, shall be considered among others. SECTION 4.National Emission Standards. There shall be established national emission standards for new and existing stationary and mobile sources of pollution which shall consider among others such factors as type of industry, practicable control technology available, location and land use, and the nature of pollutants emitted. SECTION 5.Community Noise Standards. Appropriate standards for community noise levels shall be established considering, among others, location, zoning and land use classification. SECTION 6.Standards for Noise-Producing Equipment. There shall be established a standard for noise producing equipment such as construction equipment, transportation equipment, stationary engines, and electrical or electronic equipment and such similar equipment or contrivances. The standards shall set a limit on the acceptable level of noise emitted from a given equipment for the protection of public health and welfare, considering among others, the magnitude and condition of use, the degree of noise reduction achievable through the application of best available technology and the cost of compliance.
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The Installation of any noise-producing equipment shall conform with the requirements of Presidential Decree No. 1096 and other applicable laws as well as their implementing rules and regulations.
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SECTION 7.Aircraft Emission and Sonic Booms. Appropriate government agencies shall encourage research studies on the harmful effects of aircraft emissions in the environment in order to establish permissible emission standards. Research and studies shall also be undertaken to mitigate and/or minimize the effects of sonic booms in the environment. CHAPTER II

Regulation and Enforcement

SECTION 8.Air Quality and Noise Standards. The National Pollution Control Commission in coordination with appropriate government agencies shall be responsible for the enforcement of ambient air quality emission and

noise standards, including the monitoring and surveillance of air pollutants, licensing and permitting of air pollution control facilities, and the promulgation of appropriate rules and regulations. Existing air quality emission and noise standards may be revised and/or modified consistent with new development and technology. SECTION 9.Aircraft Noise. Community noise standards around airports shall be implemented by the Civil Aeronautics Administration in coordination with the National Pollution Control Commission. SECTION 10.Vehicular Emissions. The Land Transportation Commission, in coordination with the National Pollution Control Commission, shall implement emission standards for motor vehicles and may deputize other appropriate law enforcement agencies for the purpose. SECTION 11.Radioactive Emissions. The release and emission of radioactivity into the environment incident to the establishment or possession of nuclear energy facilities and radioactive materials, handling, transport, production, storage, use and disposal of radioactive materials shall be regulated by the Philippine Atomic Energy Commission in coordination with other appropriate government agencies. CHAPTER III

Monitoring
SECTION 12.Air Quality Monitoring. The National Pollution Control Commission, in coordination with appropriate government agencies, shall establish to the greatest extent practicable an air quality monitoring network. Such air quality monitoring network shall put to maximum use the capabilities of these agencies. The National Environmental Protection Council shall be furnished with the results of air quality monitoring activities.
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SECTION 13.Weather Modification. The Philippine Atmospheric, Geophysical and Astronomical Services Administration shall monitor regularly meteorological factors affecting environmental conditions in order to effectively guide air pollution monitoring activities. Activities relating to weather modification such as rainfall stimulation and storm seeding experiments shall be undertaken in consultation and/or in coordination with the Philippine Atmospheric, Geophysical and Astronomical Services Administration. TITLE II

Water Quality Management

SECTION 14.Purpose. It is the purpose of this Title to prescribe management guidelines aimed to protect and improve the quality of Philippine water resources through: a)classification of Philippine waters; b)establishment of water quality standards; c)protection and improvement of the quality of Philippine water resources, and d)responsibilities for surveillance and mitigation of pollution incidents. CHAPTER I

Classification and Standards

SECTION 15.Classification of Philippine Waters. The National Pollution Control Commission, in coordination with appropriate government agencies, shall classify Philippine waters, according to their best usage. In classifying said waters, the National Pollution Control Commission shall take into account, among others, the following: a)the existing quality of the body of water at the time of classification; b)the size, depth, surface area covered, volume, direction, rate of flow, gradient of stream; and c)the most beneficial uses of said bodies of water and lands bordering them for residential, agricultural, commercial, industrial, navigational, recreational, and aesthetic purposes. SECTION 16.Reclassification of Waters Based on Intended Beneficial Use. Where the public interest so requires, the National Pollution Control Commission, in coordination with appropriate government agencies, shall reclassify a body of water based on the intended beneficial use and take such steps as may be necessary to upgrade the quality of said water. Other government agencies may adopt higher standards for a particular body of water, subject to the approval of the National Pollution Control Commission. SECTION 17.Upgrading of Water Quality. Where the quality of water has deteriorated to a degree where its state will adversely affect its best

usage, the government agencies concerned shall take such measures as may be necessary to upgrade the quality of such water to meet the prescribed water quality standards. SECTION 18.Water Quality Standards. The National Pollution Control Commission shall prescribe quality and effluent standards consistent with the guidelines set by the National Environmental Protection Council and the classification of waters prescribed in the preceding sections, taking into consideration, among others, the following: a)the standard of water quality or purity may vary according to beneficial uses; and b)the technology relating to water pollution control. CHAPTER II

Protection and Improvement of Water Quality

SECTION 19.Enforcement and Coordination. The production, utilization, storage and distribution of hazardous, toxic and other substances such as radioactive materials, heavy metals, pesticides, fertilizers, and oils, and the disposal, discharge and dumping of untreated wastewater, mine tailings and other substances that may pollute any body of water of the Philippines resulting from normal operations of industries, water-borne sources, and other human activities as well as those resulting from accidental spills and discharge shall be regulated by appropriate government agencies pursuant to their respective charters and enabling legislations. In the performance of the above functions, the government agencies concern shall coordinate with the National Environmental Protection Council and furnish the latter with such information as may be necessary to enable it to attain its objectives under Presidential Decree No. 1121. SECTION 20.Clean-up Operations. It shall be the responsibility of the polluter to contain, remove and clean up water pollution incidents at his own expense. In case of his failure to do so, the government agencies concerned shall undertake containment, removal and clean-up operations and expenses incurred in said operations shall be charged against the persons and/or entities responsible for such pollution.
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SECTION 21.Water Quality Monitoring and Surveillance. The various government agencies concerned with environmental protection shall establish to the greatest extent practicable a water quality surveillance and monitoring network with sufficient stations and sampling schedules to meet the needs of the country. Said water quality surveillance network shall put to maximum

use the capabilities of such government agencies. Each agency involved in such network shall report to the National Environmental Protection Council the results of these monitoring activities as the need arises.
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TITLE III

Land Use Management

SECTION 22.Purpose. The purposes of this Title are: a)to provide a rational, orderly and efficient acquisition, utilization and disposition of land and its resources in order to derive therefrom maximum benefits; and b)to encourage the prudent use and conservation of land resources in order to prevent an imbalance between the nation's needs and such resources. SECTION 23.National Land Use Scheme. The Human Settlements Commission, in coordination with the appropriate agencies of the government, shall formulate and recommend to the National Environmental Protection Council a land use scheme consistent with the purpose of this Title. The Land Use Scheme shall include among others, the following: a)a science-based and technology-oriented land inventory and classification system; b)a determination of present land uses, the extent to which they are utilized, underutilized, rendered idle or abandoned; c)a comprehensive and accurate determination of the adaptability of the land for community development, agriculture, industry, commerce and other fields of endeavor; d)a method of identification of areas where uncontrolled development could result in irreparable damage to important historic, cultural, or aesthetic values, or natural systems or processes of national significance; e)a method for exercising control by the appropriate government agencies over the use of land in areas of critical environmental concern and areas impacted by public facilities including, but not limited to, airports, highways,

bridges, ports and wharves, buildings and other infrastructure projects; f)a method to ensure the consideration of regional development and land use in local regulations; g)a policy for influencing the location of new communities and methods for assuring appropriate controls over the use of land around new communities; h)a system of controls and regulations pertaining to areas and development activities designed to ensure that any source of pollution will not be located where it would result in a violation of any applicable environmental pollution control regulations; and i)a recommended method for the periodic revisions and updating of the national land use scheme to meet changing conditions. SECTION 24.Location of Industries. In the location of industries, factories, plants, depots and similar industrial establishments, the regulating or enforcing agencies of the government shall take into consideration the social, economic, geographic and significant environmental impact of said establishments. TITLE IV

Natural Resources Management and Conservation

SECTION 25.Purposes. The purposes of this Title are: a)to provide the basic policy on the management and conservation of the country's natural resources to obtain the optimum benefits therefrom and to preserve the same for the future generations; and b)to provide general measures through which the aforesaid policy may be carried out effectively. CHAPTER I

Fisheries and Aquatic Resources

SECTION 26.Management Policy. The National government, through the Department of Natural Resources, shall establish a system of rational exploitation of fisheries and aquatic resources within the Philippine territory and shall encourage citizen participation therein to maintain and/or enhance the optimum and continuous productivity of the same. SECTION 27.Measures for National Exploitation. Measures for the rational exploitation of fisheries and other aquatic resources may include, but shall not be limited to, the following: a)undertaking manpower and expertise development; b)acquiring the necessary facilities and equipment; c)regulating the marketing of threatened species of fish or other aquatic resources; d)reviewing all existing rules and regulations on the exploitation of fisheries and aquatic resources with a view of formulating guidelines for the systematic and effective enforcement thereof; and
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e)conserving the vanishing species of fish and aquatic resources such as turtles, sea snakes, crocodiles, corals, as well as maintaining the mangrove areas, marshes and inland waters, coral reef-areas and islands serving as sanctuaries for fish and other aquatic life.
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CHAPTER II

Wildlife
SECTION 28.Management Policy. The national government, through the Department of Natural Resources, shall establish a system of rational exploitation and conservation of wildlife resources and shall encourage citizen participation in the maintenance and/or enhancement of their continuous productivity. SECTION 29.Measures for Rational Exploitation. Measures for rational exploitation of wildlife resources may include, but shall not be limited to, the following: a)regulating the marketing of threatened wildlife resources;

b)reviewing all existing rules and regulations on the exploitation of wildlife resources with a view of formulating guidelines for the systematic and effective enforcement thereof; and c)conserving the threatened species of fauna, increasing their rate of reproduction, maintaining their original habitat, habitat manipulation, determining bag/creel limits, population control in relation to the carrying capacity of any given area, banning of indiscriminate and/or destructive means of catching or hunting them. CHAPTER III

Forestry and Soil Conservation

SECTION 30.Management Policy for Forestry. The national government, through the Department of Natural Resources, shall undertake a system of rational exploitation of forest resources and shall encourage citizen participation therein to keep the country's forest resources at maximum productivity at all time. SECTION 31.Measures for Rational Exploitation of Forest Resources. Measures for the rational exploitation of forest resources may include, but shall not be limited to, the following: a)regulating the marketing of threatened forest resources; b)reviewing all existing rules and regulations on the exploitation of forest resources with a view of formulating guidelines for the systematic and efficient enforcement thereof; c)conserving threatened species of flora as well as increasing their rate of propagation; the banning of destructive modes of exploitation, kainginmaking or shifting cultivation, indiscriminate harvesting of minor forest products the recycling methods of waste materials, and d)carrying out a continuing effect on reforestation; timber stand improvement; forest protection; land classification; forest occupancy management; agri-silviculture; range management; agri-silvicultural/kaingin management; industrial tree plantation; parks and wildlife management; multiple use forest; timber management and forest research.

SECTION 32.Use of Fertilizers and Pesticides. The use of fertilizers and pesticides in agriculture shall be regulated prescribing therefor a tolerance level in their use. Their use shall be monitored by appropriate government agencies to provide empirical data for effective regulation. SECTION 33.Management Policy on Soil Conservation. The national government, through the Department of Natural Resources and the Department of Agriculture, shall likewise undertake a soil conservation program including therein the identification and protection of critical watershed areas, encouragement of scientific farming techniques, physical and biological means of soil conservation, and short-term and long-term researches and technology for effective soil conservation. CHAPTER IV

Flood Control and Natural Calamities

SECTION 34.Measures in Flood Control Program. In addition to the pertinent provisions of existing laws, the following shall be included in a soil erosion, sediment and flood control program:
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a)the control of soil erosion on the banks of rivers, the shores of lakes, and the seashores;
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b)the control of flow and flooding in and from rivers and lakes; c)the conservation of water which, for purposes of this Section shall mean forms of water, but shall not include captive water;

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d)the needs of fisheries and wildlife and all other recreational uses of natural water; e)measures to control the damming, diversion, taking, and use of natural water, so far as any such act may affect the quality and availability of natural water for other purposes; and f)measures to stimulate research in matters relating to natural water and soil conservation and the application of knowledge thereby acquired. SECTION 35.Measures to Mitigate Destructive Effects of Calamities. The national government, through the Philippine Atmospheric, Geophysical and Astronomical Services Administration, shall promote intensified and

concerted research efforts on weather modification, typhoon, earthquake, tsunami, storm surge, and other tropical natural phenomena in order to bring about any significant effect to mitigate or prevent their destructive effects. CHAPTER V

Energy Development
SECTION 36.Policy. Consistent with the environmental protection policies, the national government, through the Energy Development Board, shall undertake an energy development program encouraging the utilization of invariant sources such as solar, wind and tidal energy. SECTION 37.Measures for Energy Development. Measures for energy development program may include, but shall not be limited to, the following: a)setting up of pilot plants utilizing invariant sources of energy; b)training of technical personnel for purposes of energy development; and c)conducting researches aimed at developing technology for energy development. SECTION 38.Safety Measures on Energy Development. Rules and regulations shall be promulgated to prevent or mitigate the adverse effects of energy development on the environment. For this purpose, all nuclear powered plants exploring and utilizing geothermal energy, whether owned or controlled by private or government entities shall: a)observe internationally accepted standards of safety; and b)provide safety devices to ensure the health and welfare of their personnel as well as the surrounding community.

CHAPTER VI

Conservation and Utilization of Surface and Ground Waters

SECTION 39.Management Policy. In addition to existing laws, the national government through the National Water Resources Council in coordination with other appropriate government agencies, shall prescribe measures for the conservation and improvement of the quality of Philippine

water resources and provide for the prevention, control and abatement of water pollution. CHAPTER VII

Mineral Resources
SECTION 40.Management Policy. The national government, through the Department of Natural Resources, shall undertake a system of gainful exploitation and rational and efficient utilization of mineral resources and shall encourage citizen participation in this endeavor. SECTION 41.Measures for Exploitation and Utilization of Mineral Resources. Measures for the gainful exploitation and rational and efficient utilization of such mineral resources may include, but shall not be limited to, the following: a)increasing research and development in mineral resources technology;
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b)training of additional technical manpower needed in geology, geophysics, mining engineering, and related fields;
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c)regulating the exploitation of identified mineral reserves; d)accelerating the exploration of undiscovered mineral deposits; and e)encouraging the establishment of processing plants for refined metals. TITLE V

Waste Management
SECTION 42.Purposes. The purposes of this Title are: a)to set guidelines for waste management with a view to ensuring its effectiveness; b)to encourage, promote and stimulate technological, educational, economic and social efforts to prevent environmental damage and unnecessary loss of valuable resources of the nation through recovery, recycling and re-use of wastes and waste products; and

c)to provide measures to guide and encourage appropriate government agencies in establishing sound, efficient, comprehensive and effective waste management. CHAPTER I

Enforcement and Guidelines

SECTION 43.Waste Management Programs. Preparation and implementation of waste management programs shall be required of all provinces, cities and municipalities. The Department of Local Government and Community Development shall promulgate guidelines for the formulation and establishment of waste management programs. Every waste management program shall include the following: a)an orderly system of operation consistent with the needs of the area concerned; b)a provision that the operation will not create pollution of any kind or will constitute public nuisance; c)a system for a safe and sanitary disposal of waste; d)a provision that existing plans affecting the development, use and protection of air, water or natural resources shall be considered; e)schedules and methods of implementing the development, construction and operation of the plan together with the estimated costs; and f)a provision for the periodic revision of the program to ensure its effective implementation. SECTION 44.Responsibility of Local Governments. Each province, city or municipality shall provide measures to facilitate the collection, transportation, processing and disposal of waste within its jurisdiction in coordination with other government agencies concerned. For this purpose, the national government shall provide the necessary subsidy, to local governments upon request made through the National Environmental Protection Council and subject to such terms and conditions as the latter may provide.

CHAPTER II

Methods of Solid Waste Disposal

SECTION 45.Solid Waste Disposal. Solid Waste disposal shall be by sanitary landfill, incineration, composting, and other methods as may be approved by competent government authority. SECTION 46.Sanitary Landfills. Local governments, including private individuals, corporations or organizations may operate one or more sanitary landfills. Any entity proposing to operate a sanitary landfill shall submit to the appropriate government agency an operational work plan showing, among other things, a map of the proposed work location, disposal areas for rubbish, garbage, refuse and other waste matter; and the equipment or machinery needed to accomplish its operations. In no case shall landfill or work locations under this Section be located along any shore or coastline, or along the banks of rivers and streams, lakes, throughout their entire length, in violation of any existing rules and regulations. SECTION 47.Incineration and Composting Plants. The installation and establishment of incineration or composting plants, or the alteration/modification of any part thereof shall be regulated by the local governments concerned in coordination with the National Pollution Control Commission. SECTION 48.Disposal Sites. The location of solid waste disposal sites shall conform with existing zoning; land use standards, and pollution control regulations.
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SECTION 49.Dumping into the Sea and Other Navigable Waters. The dumping or disposal of solid wastes into the sea and any body of water in the Philippines, including shorelines and river banks, where these wastes are likely to be washed into the water is prohibited. However, dumping of solid wastes or other materials into the sea or any navigable waters shall be permitted in case of immediate or imminent danger to life and property, subject to the rules and regulations of the Philippine Coast Guard and the National Pollution Control Commission. Government agencies and private entities which are undertaking solid waste management programs shall make consultations with the government agencies concerned with respect to the effects of such dumping to the marine environment and navigation. CHAPTER III

Methods of Liquid Waste Disposal

SECTION 50.Liquid Waste Disposal. Wastewater from manufacturing plants, industries, community, or domestic sources shall be treated either physically, biologically or chemically prior to disposal in accordance with the rules and regulations promulgated by proper government authority. SECTION 51.Applicability of Sec. 8. The provisions of Sec. 8 hereof shall likewise apply to the dumping or disposal of liquid waste into the sea and other bodies of water. TITLE VI

Miscellaneous Provisions
SECTION 52.Population-Environment Balance. In the assessment of development projects, the National Environmental Protection Council, hereinafter referred to in this Title as the "Council" shall take into consideration their effect on population with a view to achieving a rational and orderly balance between man and his environment. SECTION 53.Environmental Education. The Department of Education and Culture shall integrate subjects on environmental education in its school curricula at all levels. It shall also endeavor to conduct special community education emphasizing the relationship of man and nature as well as environmental sanitation and practices. The Council and other government agencies implementing environmental protection laws in coordination with public information agencies of the government shall undertake public information activities for the purpose of stimulating awareness and encouraging involvement in environmental protection. SECTION 54.Environmental Research. The Council shall undertake and/or promote continuing studies and research programs on environmental management and shall, from time to time, determine priority areas of environmental research. SECTION 55.Monitoring and Dissemination of Environmental Information of Foreign Origin. The Council shall keep itself informed of current environmental developments by obtaining information and literature from foreign sources through the Department of Foreign Affairs, government agencies and other entities, both domestic and foreign. Such information and literature shall be given the widest dissemination possible. SECTION 56.Incentives. To operate the installation and the utilization of pollution control facilities, the following incentives are hereby granted:

a)exemption to the extent of fifty (50) per cent of tariff duties and compensating tax for the importation of pollution control equipment, devices, spare parts and accessories for a period of five (5) years from the effectivity of this Decree subject to the conditions that will be imposed by the Council; b)a tax credit equivalent to fifty (50) per cent of the value of the compensating tax and tariff duties that would have been paid on the pollution control equipment, devices, spare parts and accessories had these items been imported shall, within a period of seven (7) years from the effectivity of this Decree be given to the person or firm who or which purchases them from a domestic manufacturer, and another tax credit equivalent to twenty-five (25) per cent thereof shall be given to the said manufacturer subject to such conditions as may be imposed by the Council; and c)deductions equivalent to fifty (50) per cent of the expenses actually incurred on research projects undertaken to develop technologies for the manufacture of pollution control equipment which have been proven effective and commercially reproducible, from the taxable income of the person or firm actually undertaking such projects subject to the conditions that may be imposed by the Council. The pollution control equipment, devices, spare parts and accessories acquired under this Section shall not be sold, transferred or disposed of within five (5) years from the date of acquisition without the prior approval of the Council otherwise the importer or purchaser shall pay twice the amount of the tax exemption or tax credit granted. SECTION 57.Financial Assistance/Grant. Financial assistance/grant for the study, design and construction of environmental protection facilities especially for waste disposal in favor of cities, municipalities, small and medium-scale industries may be granted on a case to case basis subject to such conditions as may be imposed by the Council. SECTION 58.Participation of Local Government Units and Private Individuals. It shall be the responsibility of local government units as well as private individuals to actively participate in the environmental management and protection programs of the government.

SECTION 59.Preservation of Historic and Cultural Resources and Heritage. It shall be the duty of every person to help preserve the historic and cultural resources of the country such as sites, structures, artifacts, documents, objects, memorials and priceless trees. SECTION 60.Government Offices Performing Environmental Protection Functions. Government agencies vested by law to exercise environmental management powers, shall continue to function as such within their respective jurisdictions. The Council may, however, in the exercise of its powers and functions under Presidential Decree No. 1121, inquire into any action or issue of environmental significance.
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SECTION 61.Public Hearings. The Council may, whenever it deems necessary, conduct public hearings on issues of environmental significance. SECTION 62.Definition of Terms. As used in this Code: a)"Ambient Air Quality" means the average atmospheric purity as distinguished from discharge measurements taken at the source of pollution. It is the general amount of pollution present in a broad area. b)"Emission" means the act of passing into the atmosphere an air contaminant, pollutant, gas stream and unwanted sound from a known source. c)"Water Quality" means the characteristics of water which define its use in terms of physical, chemical and biological contents; hence the quality of water for domestic use is different from industrial use. d)"Water Quality Surveillance" means a close and continuous supervision of the water quality to detect developments, movements or changes in the characteristics of the water. e)"Water Quality Standard" means a plan that is established by governmental authority as a program for water pollution prevention and abatement. Such a standard may include water use classification and the criteria to support the uses of the water.

f)" Effluent Standards" means restrictions established to limit levels of concentration of physical, chemical and biological constituents which are discharged from point sources. g)"Clean-up Operations" refers to activities conducted in removing the pollutants discharged or spilled in water to restore it to pre-spill condition. h)"Accidental Spills" refers to spills of oil or other hazardous substances in water that result from accidents involving the carriers of such substance such as collisions and grounding. i)"Areas of Critical Environmental Concern" are areas where uncontrolled development could result in irreparable damage to important historic, cultural, or aesthetic values or natural systems or processes of national significance.
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j)"Hazardous Substances" means elements or compounds which when discharged in any quantity present imminent or substantial danger to public health and welfare. k)"Areas Impacted by Public Facilities" refers to areas where the introduction of public facilities may tend to induce development and urbanization of more than local significance or impact. l)"Environmental Impact" is the alteration, to any degree, of environmental conditions or the creation of a new set of environmental conditions, adverse or beneficial, to be induced or caused by a proposed project. m)"Government Agencies" refers to national, local and regional agencies and instrumentalities including government-owned and controlled corporations. TITLE VII

Final Provisions
SECTION 63.Separability of Provisions. If any provision of this Code, or the application of such provisions to any person or circumstance, is declared unconstitutional, the remainder of the Code or the application of

such provision to other persons or circumstances shall not be affected by such declaration. SECTION 64.Effectivity. This Code shall take effect upon its approval.
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DONE in the City of Manila, this 6th day of June, in the year of Our Lord, Nineteen Hundred and Seventy-Seven.

Published in the Official Gazette, Vol. 73 No. 32 Page 7363 on August 8, 1977.
December 16, 1983

EXECUTIVE ORDER NO. 927

FURTHER DEFINING CERTAIN FUNCTIONS AND POWERS OF THE LAGUNA LAKE DEVELOPMENT AUTHORITY

WHEREAS, the land and the waters of the Laguna Lake Region are limited natural resources requiring judicious management for their optimal utilization to insure renewability and to preserve the ecological balance; WHEREAS, the increasing pressure of urban growth and development dictate the need for a more rational allocation of the limited land and lake resources of the region responsive to the demands of the various beneficial users thereof; WHEREAS, the competing options for the use of such resources and conflicting jurisdictions over such uses are creating undue constraints on the institutional capabilities of LLDA in the light of the limited powers vested in it by its charter; WHEREAS, for LLDA to effectively perform its role, a thorough corporate reorganization aimed at: regrouping its various units for better administrative control and direction; expansion of its field offices; strengthening of its linkages with other government and private institutions; broadening of its financial base and revenue generations; and, enlarging its prerogatives of monitoring, licensing and enforcement, would be necessary.

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NOW, THEREFOR, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the Constitution and the authority vested in me by the Presidential Decree No. 1416, do hereby order and ordain:

SECTION 1.Reclassification. The Authority is hereby classified among the industrial/area development group (Class A) of corporations under Letter of Implementation No. 97 and for this purpose the Authority is hereby granted authority to modify its organization, providing for the creation of the position of deputy general manager, upgrading the existing divisions into departments to be headed by directors and regrouping of these departments into offices coordinated by assistant general managers and creating other offices its Board may deem necessary and appropriate to achieve its objectives and aims. SECTION 2.Water Rights Over Laguna de Bay and Other Bodies of Water within the Lake Region. To effectively regulate and monitor activities in the Laguna de Bay region, the Authority shall have exclusive jurisdiction to issue permit for the use of all surface water for any projects or activities in or affecting the said region including navigation, construction, and operation of fishpens, fish enclosures, fish corrals and the like. For the purpose of this Executive Order, the term "Laguna de Bay Region" shall refer to the Provinces of Rizal and Laguna; the Cities of San Pablo, Pasay, Caloocan, Quezon, Manila and Tagaytay; the towns of Tanauan, Sto. Tomas and Malvar in Batangas Province; the towns of Silang and Carmona in Cavite Province; the town of Lucban in Quezon Province; and the towns of Marikina, Pasig, Taguig, Muntinlupa, and Pateros in Metro Manila.
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SECTION 3.Collection of Fees. The Authority is hereby empowered to collect fees for the use of the lake waters and its tributaries for all beneficial purposes including but not limited to fisheries, recreation, municipal, industrial, agricultural, navigation, irrigation, and waste disposal purpose; Provided, that the rates of the fees to be collected, and the sharing with other government agencies and political subdivisions, if necessary, shall be subject to the approval of the President of the Philippines upon recommendation of the Authority's Board, except fishpen fee, which will be shared in the following manner: 20 percent of the fee shall go the lakeshore local governments, 5 percent shall go to the Project Development Fund which shall be administered by a Council and the remaining 75 percent shall constitute the share of LLDA. However, after the implementation within the three-years period of the Laguna Lake Fishery Zoning and Management Plan, the sharing will be modified as follows: 35 percent of the fishpen fee goes to the lakeshore local governments, 5 percent goes to the Project Development Fund and the remaining 60 percent shall be retained by LLDA; Provided, however, that the share of LLDA shall form part of its corporate funds and shall not be remitted to the National Treasury as an exception to the provisions of Presidential Decree No. 1234.

SECTION 4.Additional Powers and Functions. The Authority shall have the following powers and functions: a)Issue standards, rules and regulations to govern the approval of plans and specifications for sewage works and industrial waste disposal system and the issuance of permits in accordance with the provisions of this Executive Order; inspect the construction and maintenance of sewage works and industrial waste disposal systems for compliance to plans. b)Adopt, prescribe, and promulgate rules and regulations governing the Procedures of the Authority with respect to hearings, plans, specifications, designs, and other data for sewage works and industrial waste disposal system, the filing of reports, the issuance of permits, and other rules and regulations for the proper implementation and enforcement of this Executive Order.
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c)Issue orders or decisions to compel compliance with the provisions of this Executive Order and its implementing rules and regulations only after proper notice and hearing. d)Make, alter or modify orders requiring the discontinuance of population specifying the conditions and the time within which such discontinuance must be accomplished. e)Issue, renew, or deny permits, under such conditions as it may determine to be reasonable, for the prevention and abatement of pollution, for the discharge of sewage, industrial waste, or for the installation or operation of sewage works and industrial disposal system or parts thereof:Provided, however, that the Authority, by rules and regulations, may require subdivisions, condominiums, hospitals, public buildings and other similar human settlements to put up appropriate central sewerage system and sewage treatment works, except that no permits shall be required of any new sewage works or changes to or extensions of existing works that discharge only domestic or sanitary wastes from a single residential building provided with septic tanks or their equivalent. The Authority may

impose reasonable fees and charges for the issuance or renewal of all permits herein required. f)After due notice and hearing, the Authority may also revoke, suspend or modify any permit issued under this Order whenever the same is necessary to prevent or abate pollution. g)Deputize in writing or request assistance of appropriate government agencies or instrumentalities for the purpose of enforcing this Executive Order and its implementing rules and regulations and the orders and decisions of the Authority. h)Authorize its representative to enter at all reasonable times any property of the public dominion and private property devoted to industrial, manufacturing, processing or commercial use without doing damage, for the purpose of inspecting and investigating conditions relating to pollution or possible or imminent pollution. i)Exercise such powers and perform such other functions as may be necessary to carry out its duties and responsibilities under this Executive Order. SECTION 5.Board of Directors Composition. The corporate powers shall be vested in and exercised by the Board of Directors, hereinafter referred to as the Board which shall be composed of ten (10) members, to wit: Representative of the Office of the President; Minister of Economic Planning; Minister of Natural Resources; Minister of Trade and Industry; Representative of Laguna Province who shall be designated by the Provincial Board of Laguna; Representative of Rizal Province who shall be designated by the Provincial Board of Rizal; Representative of the Office of the Governor of the Metro Manila Commission; President of Laguna Lake Federation of Mayors, Inc.; General Manager of the Laguna Lake Development Authority to be appointed by the President of the Philippines; Representative of Private Investors; Provided, that incumbent representative of the private investors shall continue as members until the President appoints his successor. The Board of Directors shall elect annually from among their members, a Chairman and a Vice-Chairman. There shall be a Corporate Secretary who

shall be appointed by the Board with a rank equivalent to a Department Director.

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The officials next-in-rank to the above-mentioned members shall serve as permanent alternate members and shall attend meetings of the Board in the absence of their principal and receive the corresponding per diems. SECTION 6.Capitalization and Financing. The Authority shall have an authorized capital of Seven Hundred Million Pesos (P700,000,000) of which the amount of THREE HUNDRED FIFTY ONE MILLION PESOS (P351,000,000) shall be subscribed by the national government and THREE HUNDRED FORTY NINE MILLION PESOS (P349,000,000) shall be subscribed by the cities, provinces, municipalities, government corporations, and private investors; Provided, that at least twenty-five percent (25%) of the national government's subscription shall be fully paid; Provided, further, that the authorized capital stock may be increased upon recommendation of the NEDA and shall come from the fishpen fees. The authorized capital stock of Seven Hundred Million Pesos (P700,000,000) shall be divided into Seven Million (P7,000,000) shares of stock with a par value of One Hundred Pesos (P100) per share. The shares of stock of the Authority shall be divided into: 1) 4,900,000 common shares (voting and 2) 2,100,000 preferred shares (non-voting) with such fixed rates of return as shall be determined by the Board. Of the common shares of 4,900,000, a minimum of 2,800,000 shares shall be subscribed by the national government and at least sixty percent (60%) of the balance shall be subscribed by the Province of Laguna and Rizal in such proportion as may be agreed upon by both provincial governments in accordance with their respective financial capacities. The remaining balance of the common shares shall be open for subscription to cities, provinces, municipalities and private investors. Of the preferred shares of stock of 2,100,000, a minimum of 770,000 shares shall be subscribed by the national government. The balance of the preferred shares shall be available for subscription to cities, provinces, municipalities, government corporations and private investors. Provided, however, that preferred shares shall enjoy preference with respect to distribution of dividends and assets in case of dissolution.
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SECTION 7.Repealing Clause. All laws, decrees, orders, proclamations, rules, regulations and issuances on parts, thereof, which are inconsistent with any of the provisions of this Executive Order are hereby repealed or modified accordingly.

SECTION 8.Separability Clause. Any portion or provision of this Executive Order that may be declared unconstitutional shall not have the effect of nullifying the other provisions thereof; Provided, that such remaining portions can still stand and be given effect on their entirely to accomplish the objectives of this Executive Order.
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SECTION 9.Effectivity Clause. This Executive Order shall take effect immediately. DONE in the City of Manila, this 16th day of December, in the year of Our Lord, Nineteen Hundred and Eighty-Three.

Published in the Official Gazette, Vol. 80 No. 6 page 633 on February 6, 1984.

June 19, 1992

REPUBLIC ACT NO. 7611

AN ACT ADOPTING THE STRATEGIC ENVIRONMENTAL PLAN FOR PALAWAN, CREATING THE ADMINISTRATIVE MACHINERY FOR ITS IMPLEMENTATION, CONVERTING THE PALAWAN INTEGRATED AREA DEVELOPMENT PROJECT OFFICE TO ITS SUPPORT STAFF, PROVIDING FUNDS THEREFOR, AND FOR OTHER PURPOSES

CHAPTER I

General Provisions
SECTION 1.Title. This Act shall be known as the "Strategic Environmental Plan (SEP) for Palawan Act." SECTION 2.Declaration of Policy. It is hereby declared the policy of the State to protect, develop and conserve its natural resources. Towards this end, it shall assist and support the implementation of plans, programs and projects formulated to preserve and enhance the environment, and at the same time pursue the socioeconomic development goals of the country.
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It shall support and promote the sustainable development goals for the province through proper conservation, utilization and development of natural resources to provide optimum yields on a continuing basis. With specific reference to forest resources, the State shall pursue and implement forest

conservation and protection through the imposition of a total commercial logging ban as hereinafter provided.
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It shall also adopt the necessary measures leading to the creation of an institutional machinery including, among others, fiscal and financial programs to ensure the effective and efficient implementation of environmental plans, programs and projects. It shall also promote and encourage the involvement of all sectors of society and maximize people participation in natural resource management, conservation and protection. SECTION 3.Definition of Terms. As used in this Act, the following terms are defined as follows: (1)"Palawan" refers to the Philippine province composed of islands and islets located 747' and 1222' north latitude and 11700' and 11951' east longitude, generally bounded by the South China Sea to the northwest and by the Sulu Sea to the east; (2)"Sustainable development" means the improvement in the quality of life of the present and future generations through the complementation of development and environmental protection activities; (3)"Natural resources" refers to life-support systems such as the sea, coral reefs, soil, lakes, rivers, streams, and forests as well as useful products found therein such as minerals, wildlife, trees and other plants, including the aesthetic attributes of scenic sites that are not man-made; (4)"Tribal land areas" refers to the areas comprising both land and sea that are traditionally occupied by the cultural minorities; (5)"Environmentally critical areas" refers to terrestrial, aquatic and marine areas that need special protection and conservation measures as they are ecologically fragile; (6)"Participatory processes" means the involvement of all the key sectors of development, from the grassroots to the policymaking bodies of the National Government, in providing the

values and ideas from which strategic development and environmental protection action can come about; (7)"Conservation" refers to the wise use of natural resources that assures regeneration and replenishment for continuous benefit; (8)"Ecology" refers to the life-sustaining interrelationships and interactions of organisms with each other and with their physical surroundings; (9)"Commercial logging" refers to the cutting, felling or destruction of trees from old growth and residual forests for the purpose of selling or otherwise disposing of the cut or felled logs for profit; (10)"SEP" refers to the Strategic Environmental Plan discussed in Section 4 of this Act; (11)"ECAN" refers to the Environmentally Critical Areas Network as provided in Section 7 of this Act; and (12)"EMES" refers to the Environmental Monitoring and Evaluation System provided in Section 13 of this Act. CHAPTER II

Strategic Environmental Plan: Adoption, Philosophy and Legal Effects

SECTION 4.Strategic Environmental Plan. A comprehensive framework for the sustainable development of Palawan compatible with protecting and enhancing the natural resources and endangered environment of the province is hereby adopted. Such framework shall be known as the Strategic Environmental Plan for Palawan, hereinafter referred to as SEP, and shall serve to guide the local government of Palawan and the government agencies concerned in the formulation and implementation of plans, programs and projects affecting said province. SECTION 5.Strategic Environmental Plan (SEP) Philosophy. The SEP shall have, as its general philosophy, the sustainable development of Palawan, which is the improvement in the quality of life of its people in the present and future generations through the use of complementary activities of development and conservation that protect life-support ecosystems and

rehabilitate exploited areas to allow upcoming generations to sustain development growth. It shall have the following features: (1)Ecological viability The physical and biological cycles that maintain the productivity of natural ecosystems must always be kept intact; (2)Social acceptability The people themselves, through participatory processes, should be fully committed to support sustainable development activities by fostering equity in access to resources and the benefits derived from them; and (3)Integrated approach This allows for a holistic view of problems and issues obtaining in the environment as well as opportunities for coordination and sharing that will eventually provide the resources and political will to actually implement and sustain SEP activities. SECTION 6.Legal Effects. The SEP shall serve as the framework to guide the government agencies concerned in the formulation and implementation of plans, programs, and projects affecting the environmental and natural resources of Palawan. It shall therefore be incorporated in the Regional Development Plan of Region IV as part of said plan. All local governments in Palawan and the concerned national and regional government agencies operating therein shall coordinate and align their projects and the corresponding budgets with the projects, programs and policies of the SEP, as administered and implemented by an administrative machinery hereinafter created. SECTION 7.Environmentally Critical Areas Network (ECAN). The SEP shall establish a graded system of protection and development control over the whole of Palawan, including its tribal lands, forests, mines, agricultural areas, settlement areas, small islands, mangroves, coral reefs, seagrass beds and the surrounding sea. This shall be known as the Environmentally Critical Areas Network, hereinafter referred to as ECAN, and shall serve as the main strategy of the SEP. The ECAN shall ensure the following: (1)Forest conservation and protection through the imposition of a total commercial logging ban in all areas of maximum protection and in such other restricted use zones as the

Palawan Council for Sustainable Development as hereinafter created may provide; (2)Protection of watersheds; (3)Preservation of biological diversity; (4)Protection of tribal people and the preservation of their culture; (5)Maintenance of maximum sustainable yield; (6)Protection of the rare and endangered species and other habitat; (7)Provision of areas for environmental and ecological research, education and training; and (8)Provision of areas for tourist and recreation. SECTION 8.Main Components. The areas covered by the ECAN shall be classified into three (3) main components:
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(1)Terrestrial The terrestrial component shall consist of the mountainous as well as ecologically important low hills and lowland areas of the whole province. It may be further subdivided into smaller management components; (2)Coastal/marine area This area includes the whole coastline up to the open sea. This is characterized by active fisheries and tourism activities; and (3)Tribal ancestral lands These are the areas traditionally occupied by the cultural communities. SECTION 9.Terrestrial Component: Management Scheme and Zonation. The terrestrial component may be further subdivided into smaller management components for a more efficient supervision. These management components, in turn, shall each be further subdivided into the following zones: (1)Area of maximum protection or core zone This zone shall be fully and strictly protected and maintained free of human

disruption. Included here are all types of natural forest which include first growth forest, residual forest and edges of intact forest, areas above one thousand (1,000) meters elevation, peaks of mountains or other areas with very steep gradients, and endangered habitats and habitats of endangered and rare species. Exceptions, however, may be granted to traditional uses of tribal communities of these areas for minimal and soft impact gathering of forest species for ceremonial and medicinal purposes. (2)Buffer zone This area permits regulated use and may be further subdivided into three (3) sub-zones: (a)Restricted use area. Generally surrounds the core zone and provides a protective barrier. Limited and nonconsumptive activities may be allowed in this area; (b)Controlled use area. Encircles and provides the outer barrier to the core and restricted use areas. Controlled forest extraction, like the collecting of minor forest products, and strictly controlled logging and mining may be allowed; and (c)Traditional use area. Edges of intact forests where traditional land use is already stabilized or is being stabilized. Management and control shall be carried out with the other supporting programs of the SEP. (3)Multiple/manipulative use area. This is the area where the landscape has been modified for different forms of land use such as intensive timber extraction, grazing and pastures, agriculture and infrastructure development. Control and management shall be strictly integrated with the other supporting programs of the SEP and other similar programs of the government.

SECTION 10.Coastal/Marine Zone. A different and simplified scheme of management and zonation shall be applied to this component due to its geographical characteristics, critical nature, and patterns of resource use. Equitable access to the resource and management responsibility by the local

community shall be the underlying management philosophy of this component. (1)Core zone. This area shall be designated free from any human activity. This includes sanctuaries for rare and endangered species, selected coral reefs, seagrass and mangrove ecosystem reserves. (2)Multiple use zone. Aside from being the development area, this zone also serves as the buffer zone where fishery, mariculture, recreation, rehabilitation of small islands and mangrove ecosystem, education and research are allowed. SECTION 11.Tribal Ancestral Lands. These areas, traditionally occupied by cultural minorities, comprise both land and sea areas. These shall be treated in the same graded system of control and prohibition as in the others abovementioned except for stronger emphasis in cultural considerations. The SEP, therefore, shall define a special kind of zonation to fulfill the material and cultural needs of the tribes using consultative processes and cultural mapping of the ancestral lands. CHAPTER III

Management of Resources Outside of the Ecologically Critical Areas

SECTION 12.Management of Resources Outside of the Ecologically Critical Areas. The SEP shall provide for the management of resources outside of the ECAN and shall include coastal resources, resources of the catchment areas, timber and mines, development in the lowlands, and settlement areas. It shall also provide for tourism planning.
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CHAPTER IV

Support Mechanisms
SECTION 13.Environmental Monitoring and Evaluation System (EMES). In order to monitor achievement of its goals, the SEP shall establish an Environmental Monitoring and Evaluation System (EMES) which shall ensure a systematic and reliable means of data generation for the various concerns of the SEP. It shall measure changes in environmental status, identify adverse environmental trends and crisis areas, recommend solutions, assess the implementation of the SEP, and suggest measures to make the SEP more responsible to the changing needs. SECTION 14.Environmental Research. The SEP shall provide for a system of research so that additional information for accurate planning as

well as data to solve new problems in the implementation of the SEP shall be supplied. As such, the SEP's researches shall not be confined to the physical and biological features of the environment, achieved through surveys, monitoring, resources assessments and research into processes, but shall also extend to policies and socioeconomic questions.
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SECTION 15.Environmental Education and Extension. The SEP shall design an environmental information and education designed to gradually wean the people away from destructive practices and shall recommend practical ways as an alternative. Training programs for the nongovernmental organizations (NGOs), business sector representatives, and community leaders shall be organized. This may establish linkages between the NGO's, community leaders, sector representatives and the staff of line agencies' development communication or public information section and, at the same time, be used to plan out a comprehensive public information drive. Simultaneously, community organizing shall be enhanced to reinforce non-formal approaches, complementing regular environment/science courses in the school. CHAPTER V

Administrative Machinery for the Implementation of the SEP

SECTION 16.Palawan Council for Sustainable Development. The governance, implementation and policy direction of the Strategic Environmental Plan shall be exercised by the herein created Palawan Council for Sustainable Development (PCSD), hereinafter referred to as the Council, which shall be under the Office of the President. It shall be composed of the Members of the House of Representatives representing the Province of Palawan, the Deputy Director General of the National Economic and Development Authority, the Undersecretary of Environment and Natural Resources, the Undersecretary for Special Concerns of the Department of Agriculture, the Governor of Palawan, the Mayor of Puerto Princesa City, the President of the Mayor's League of Palawan, the President of the Provincial Chapter of the Liga ng mga Barangay, the Executive Director of the Palawan Council for Sustainable Development Staff as provided in Section 20 of this Act, and such other members from the public or private sectors as the majority of the Council may deem necessary.
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The Council shall elect, from among its members, a Chairman and a Vice-Chairman.

SECTION 17.Quorum. A majority of the members of the Council shall constitute a quorum for the conduct of business. SECTION 18.Compensation. The members of the Council shall be entitled to per diems and allowances in accordance with existing laws in the performance of their duties and in carrying out the business of the Council. The per diems shall be in the amount of Five hundred pesos (P500) for every meeting:Provided, That the per diems collected do not exceed the equivalent of per diems for four (4) meetings in a month. SECTION 19.Powers and Functions. In order to successfully implement the provisions of this Act, the Council is hereby vested with the following powers and functions: (1)Formulate plans and policies as may be necessary to carry out the provisions of this Act; (2)Coordinate with the local governments to ensure that the latter's plans, programs and projects are aligned with the plans, programs and policies of the SEP; (3)Call on any department, bureau, office, agency or instrumentality of the Government, and on private entities and organizations for cooperation and assistance in the performance of its functions; (4)Arrange, negotiate for, and accept donations, grants, gifts, loans, and other fundings from domestic and foreign sources to carry out the activities and purposes of the SEP; (5)Recommend to the Congress of the Philippines such matters that may require legislation in support of the objectives of the SEP; (6)Delegate any or all of its powers and functions to its support staffs, as hereinafter provided, except those which by provisions of law cannot be delegated; (7)Establish policies and guidelines for employment on the basis of merit, technical competence and moral character and prescribe a compensation and staffing pattern;

(8)Adopt, amend and rescind such rules and regulations and impose penalties therefor for the effective implementation of the SEP and the other provisions of this Act; (9)Enforce the provisions of this Act and other existing laws, rules and regulations similar to or complementary with this Act; (10)Perform related functions which shall promote the development, conservation, management, protection, and utilization of the natural resources of Palawan; and (11)Perform such other powers and functions as may be necessary in carrying out its functions, powers, and the provisions of this Act.
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Project Office (PIADPO) to the Palawan Council for Sustainable Development Staff . The Palawan Integrated Area Development Project Office,

SECTION 20.Conversion of Palawan Integrated Area Development

hereinafter referred to as PIADPO, is hereby converted to the Palawan Council for Sustainable Development Staff which shall serve as the regular professional support staff of the Council and shall provide the machinery to coordinate the policy and functions, implement programs, and organize such services as may be required by the Council in the exercise of its functions. It shall be independent of any other department or agency of the Government other than the herein provided Council. All the applicable powers, functions, personnel, complement, staff, appropriations, records, equipment, property, funds, and other assets of the PIADPO, as well as all its obligations and liabilities, are hereby transferred to the Palawan Council for Sustainable Development Staff. The incumbent Director of the PIADPO shall be the Executive Director of the Palawan Council for Sustainable Development Staff and shall lead all its operations. Thereafter, the Executive Director shall be appointed by the members of the Council. He shall also be ex officio member of the Council. CHAPTER VI

Appropriations and Final Provisions

SECTION 21.Appropriations. The amount necessary to carry out the provisions of this Act shall be charged to the current fiscal year appropriations of the PIADPO. Thereafter, such sums as may be necessary shall be included in the annual General Appropriations Act.

SECTION 22.Separability Clause. If any of the provisions of this Act shall be declared unconstitutional, the other provisions of this Act shall remain valid. SECTION 23.Repealing Clause. All laws, decrees, orders, rules and regulations or parts thereof contrary to or inconsistent with the provisions of this Act are hereby repealed or modified accordingly. SECTION 24.Effectivity Clause. This Act shall take effect upon its approval. Approved: June 19, 1992

Published in the Official Gazette, Vol. 88 No. 31 page 5051 on August 3, 1992.