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Legislations for Environmental Law:

1. CONSTITUTIONAL BASIS FOR


ENVIRONMENTAL LAW
2. PD 1151 (PHILIPPINE ENVIRONMENTAL
POLICY)
3. PD 1152 (PHILIPPINE ENVIROMENTAL
CODE)
4. PD 984 (POLLUTION CONTROL LAW)
5. PD 1586 (ESTABLISHING AN
ENVIRONMENTAL IMPACTSTATEMENT
SYSTEM, INCLUDING OTHER
ENVIRONMENTAL MANAGEMENT
RELATED MEASURES AND FOR OTHER
PURPOSES.)
6. PD 2146
7. CLEAN AIR ACT
8. CLEAN WATER ACT
9. PD 979
Cases:
1. Republic of the Philippines vs. The City
of Davao
Republic vs. Alvarez, in his capacity as
Sec. of DENR
2. PAB vs Solar Textile 195 SCRA 112
3. Mead vs Argel 115 SCRA 256
4. Technology Developers Inc. vs CA
(January 21, 1991)


Transcribed
No recordings (Please refer to the full
texts of the laws.)
*** Discussion















































The Constitutional basis of Environmental Law
Article II of the 1987 Constitution
Sec. 15-The State shall protect and promote the
right to health of the people and instill health
consciousness among them.
Sec. 16- The State shall protect and advance the
right of the people to a balanced and healthful
ecology in accord with the rhythm and harmony of
nature.
***balanced ecology-Others would say sustainable
development.
Q: What is sustainable development?
A: You only use what you need today and save
the rest for the future.
*** in accord-This means in agreement
***with the rhythm and harmony -According to Sir,
rhythm and harmony are redundant words.
***with rhythm and harmony of nature-This means
all should be natural walang artificial.
Environmentalists would always say that
our present generation is the guardian of the
resources for the generations yet to come. So we
have to guard, reserve and conserve our natural
resources so that the generations yet to come will
have something towards their own.
Sec. 23- The State shall encourage non-
governmental, community-based, or sectoral
organizations that promote the welfare of the
nation.
Article X
Sec. 20-Within its territorial jurisdiction and subject
to the provisions of this Constitution and national
laws, the organic act of autonomous regions shall
provide for legislative powers over:
XXXXXXXXX
3. Ancestral domain and natural resources.
XXXXXXXXX
Article XII
Sec. 2- All lands of the public domain, waters,
minerals, coal, petroleum, and other mineral oils, all
forces of potential energy, fisheries, forests or
timber, wildlife, flora and fauna, and other natural
resources are owned by the State. With the
exception of agricultural lands, all other natural
resources shall not be alienated. The exploration,
development, and utilization of natural resources
shall be under the full control and supervision of the
State. The State may directly undertake such
activities, or it may enter into co-production, joint
venture, or production sharing agreements with
Filipino citizens, or corporations or associations at
least sixty per centum of whose capital is owned by
such citizens. Such agreements may be for a
period not exceeding twenty-five years, renewable
for not more than twenty-five years, and under such
terms and conditions as may be provided by law. In
cases of water rights for irrigation, water supply
fisheries, or industrial uses other than the
development of waterpower, beneficial use may be
the measure and limit of the grant.
The State shall protect the nation's marine
wealth in its archipelagic waters, territorial sea, and
exclusive economic zone, and reserve its use and
enjoyment exclusively to Filipino citizens.
The Congress may, by law, allow small-
scale utilization of natural resources by Filipino
citizens, as well as cooperative fish farming, with
priority to subsistence fishermen and fish- workers
in rivers, lakes, bays, and lagoons.
The President may enter into agreements
with foreign-owned corporations involving either
technical or financial assistance for large-scale
exploration, development, and utilization of
minerals, petroleum, and other mineral oils
according to the general terms and conditions
provided by law, based on real contributions to the
economic growth and general welfare of the
country. In such agreements, the State shall
promote the development and use of local scientific
and technical resources.
***This means that all natural resources are owned
by the State (Doctrine of Jura Regalia)
Sec. 3- Lands of the public domain are classified
into agricultural, forest or timber, mineral lands and
national parks. Agricultural lands of the public
domain may be further classified by law according
to the uses to which they may be devoted.
Alienable lands of the public domain shall be limited
to agricultural lands. Private corporations or
associations may not hold such alienable lands of
the public domain except by lease, for a period not
exceeding twenty-five years, renewable for not
more than twenty-five years, and not to exceed one
thousand hectares in area. Citizens of the
Philippines may lease not more than five hundred
hectares, or acquire not more than twelve hectares
thereof, by purchase, homestead, or grant.
Taking into account the requirements of
conservation, ecology, and development, and
subject to the requirements of agrarian reform, the
Congress shall determine, by law, the size of lands
of the public domain which may be acquired,
developed, held, or leased and the conditions
therefor.
Sec. 4-The Congress shall, as soon as possible,
determine, by law, the specific limits of forest lands
and national parks, marking clearly their boundaries
on the ground. Thereafter, such forest lands and
national parks shall be conserved and may not be
increased nor diminished, except by law. The
Congress shall provide for such period as it may
determine, measures to prohibit logging in
endangered forests and watershed areas.
***The Congress has the power to determine the
specific limits of an inalienable land in an alienable
land vice versa. The Congress can extend it but
this is only possible if theres a law enacted by the
Congress.
Sec. 5-The State, subject to the provisions of this
Constitution and national development policies and
programs, shall protect the rights of indigenous
cultural communities to their ancestral lands to
ensure their economic, social, and cultural well-
being.
The Congress may provide for the applicability of
customary laws governing property rights or
relations in determining the ownership and extent of
ancestral domain.
Sec. 6-The use of property bears a social function,
and all economic agents shall contribute to the
common good. Individuals and private groups,
including corporations, cooperatives, and similar
collective organizations, shall have the right to own,
establish, and operate economic enterprises,
subject to the duty of the State to promote
distributive justice and to intervene when the
common good so demands.
Article XIII
Sec. 1-The Congress shall give highest priority to
the enactment of measures that protect and
enhance the right of all the people to human
dignity, reduce social, economic, and political
inequalities, and remove cultural inequities by
equitably diffusing wealth and political power for the
common good.
To this end, the State shall regulate the acquisition,
ownership, use, and disposition of property and its
increments.
Sec. 2- The promotion of social justice shall include
the commitment to create economic opportunities
based on freedom of initiative and self-reliance.
Sect. 4- The State shall, by law, undertake an
agrarian reform program founded on the right of
farmers and regular farmworkers who are landless,
to own directly or collectively the lands they till or, in
the case of other farmworkers, to receive a just
share of the fruits thereof. To this end, the State
shall encourage and undertake the just distribution
of all agricultural lands, subject to such priorities
and reasonable retention limits as the Congress
may prescribe, taking into account ecological,
developmental, or equity considerations, and
subject to the payment of just compensation. In
determining retention limits, the State shall respect
the right of small landowners. The State shall
further provide incentives for voluntary land-
sharing.
Sect. 5- The State shall recognize the right of
farmers, farmworkers, and landowners, as well as
cooperatives, and other independent farmers'
organizations to participate in the planning,
organization, and management of the program, and
shall provide support to agriculture through
appropriate technology and research, and
adequate financial, production, marketing, and
other support services.
Sect. 6- The State shall apply the principles of
agrarian reform or stewardship, whenever
applicable in accordance with law, in the disposition
or utilization of other natural resources, including
lands of the public domain under lease or
concession suitable to agriculture, subject to prior
rights, homestead rights of small settlers, and the
rights of indigenous communities to their ancestral
lands. The State may resettle landless farmers and
farmworkers in its own agricultural estates which
shall be distributed to them in the manner provided
by law.
Sect. 7- The State shall protect the rights of
subsistence fishermen, especially of local
communities, to the preferential use of the
communal marine and fishing resources, both
inland and offshore. It shall provide support to such
fishermen through appropriate technology and
research, adequate financial, production, and
marketing assistance, and other services. The
State shall also protect, develop, and conserve
such resources. The protection shall extend to
offshore fishing grounds of subsistence fishermen
against foreign intrusion. Fishworkers shall receive
a just share from their labor in the utilization of
marine and fishing resources.
Sect. 8- The State shall provide incentives to
landowners to invest the proceeds of the agrarian
reform program to promote industrialization,
employment creation, and privatization of public
sector enterprises. Financial instruments used as
payment for their lands shall be honored as equity
in enterprises of their choice.
URBAN LAND REFORM AND HOUSING
Sect. 9- The State shall, by law, and for the
common good, undertake, in cooperation with the
private sector, a continuing program of urban land
reform and housing which will make available at
affordable cost, decent housing and basic services
to under-privileged and homeless citizens in urban
centers and resettlement areas. It shall also
promote adequate employment opportunities to
such citizens. In the implementation of such
program the State shall respect the rights of small
property owners.
Sec.10- Urban or rural poor dwellers shall not be
evicted nor their dwelling demolished, except in
accordance with law and in a just and humane
manner.
No resettlement of urban or rural dwellers shall be
undertaken without adequate consultation with
them and the communities where they are to be
relocated.
Sec. 12- The State shall establish and maintain an
effective food and drug regulatory system and
undertake appropriate health, manpower
development, and research, responsive to the
country's health needs and problems.
4 Major Legislations for Environmental Law
10. PD 1151 (PHILIPPINE ENVIRONMENTAL
POLICY)
11. PD 1152 (PHILIPPINE ENVIROMENTAL
CODE)
12. PD 984 (POLLUTION CONTROL LAW)
13. PD 1586 (ESTABLISHING AN
ENVIRONMENTAL IMPACTSTATEMENT
SYSTEM, INCLUDING OTHER
ENVIRONMENTAL MANAGEMENT
RELATED MEASURES AND FOR OTHER
PURPOSES.)
PD 1586 Case:
Republic of the Philippines vs. The City of
Davao
Republic vs. Alvarez, in his capacity as Sec. of
DENR
Facts: Alvarez filed an application for a Certificate
of Non-Coverage for its proposed project, the
Davao Artica Sports Dome, with the Environmental
Management Bureau (EMB), Region 11.

The EMB Region 11 denied the application on
ground that the proposed project was within an
environmentally critical area, and ruled that under
the Environmental Impact Statement System, the
City of Davao must undergo the environmental
impact assessment (EIA) process to secure an
Environmental Compliance Certificate (ECC),
before it can proceed with the construction of its
project

Believing that it was entitled to a Certificate of
Non-Coverage, respondent filed a petition for
mandamus with the RTC of Davao alleging that the
proposed project was neither an environmentally
critical project nor within an environmentally critical
area, thus it was outside the scope of the EIS
system.

The RTC granted the writ of mandamus and
directed EMB to issue a Certificate of Non
Coverage. It ruled that there is nothing in the EIA
System guidelines which requires

LGUs to comply with the EIS law, as only agencies
and instrumentalities are mandated to go through
the EIA process for their proposed projects which
have significant effect on the quality of the
environment. A local government unit, not being an
agency or instrumentality of the National
Government, is deemed excluded

Issue: Whether LGUs are covered by the EIA
System?

Decision:
The Local Government Code provides that it is the
duty of the LGUs to promote the peoples right to a
balanced ecology. Pursuant to this, an LGU, like
the City of Davao, cannot claim exemption from the
coverage of PD 1586. As a body politic endowed
with governmental functions, an LGU has the duty
to ensure the quality of the environment, which is
the very same objective of PD 1586.

Further, it is a rule of statutory construction that
every part must be read with other parts, thus, the
TC in declaring local government units as exempt
from the coverage of the EIS law, failed to relate

Section 2 of PD 1586 to the several provision of the
same law.

Section 4 of PD 1586 clearly states that no person,
partnership or corporation shall undertake or
operate any such declared environmentally critical
project or area without first securing an
Environmental Compliance Certificate issued by the
President or his duly authorized representative.
Undoubtedly therefore, local government units are
not excluded from the coverage of PD 1586.

Sec. 1 stated that the policy of the State is to attain
an orderly balance between socio-economic growth
and environmental protection.

The Whereas clause stresses that such is only
possible if we adopt an integrated environmental
protection program where all the sectors of the
community are involved, i.e., the government and
the private sectors. The local government units, as
part of the machinery of the government, cannot
therefore be deemed as outside the scope of the
EIS system.

This however presuppose that a project, for which
an Environmental Compliance Certificate is
necessary, is environmentally critical or within an
environmentally critical area. In the case at bar,
respondent has sufficiently shown that the Artica
Sports Dome will not have a significant negative
environmental impact because it is not an
environmentally critical project and it is not located
in an environmentally critical area. They submitted
Certification from the City Planning and
Development Office, PHILVOLCS, CENRO-West in
support thereof.

The Environmental Impact Statement System,
which ensures environmental protection and
regulates certain government activities affecting the
environment, was established by Presidential
Decree No. 1586. Under Article II, Section 1, of the
Rules and Regulations Implementing PD 1586, the
declaration of certain projects or areas as
environmentally critical, and which shall fall within
the scope of the Environmental Impact Statement
System, shall be by Presidential Proclamation.
Pursuant thereto, Proclamation No. 2146 was
issued proclaiming the following areas and types of
projects as environmentally critical and within the
scope of the Environmental Impact Statement

System established under PD 1586:

A. Environmentally Critical Projects
I. Heavy Industries
a. Non-ferrous metal industries
b. Iron and steel mills
c. Petroleum and petro-chemical industries
including oil and gas
d. Smelting plants

II. Resource Extractive Industries
a. Major mining and quarrying projects
b. Forestry projects
1. Logging
2. Major Wood processing projects
3. Introduction of fauna (exoticanimals) in
public/private forests
4. Forest occupancy
5. Extraction of mangrove products
6. Grazing
c. Fishery Projects
1. Dikes for/and fishpond development projects

III. Infrastructure Projects
a. Major dams
b. Major power plants (fossil-fueled, nuclear fueled,
hydroelectric or geothermal)
c. Major reclamation projects
d. Major roads and bridges

B. Environmentally Critical Areas
1. All areas declared by law as national parks,
watershed reserves, wildlife preserve and
sanctuaries;
2. Areas set aside as aesthetic potential tourist
spots;
3. Areas which constitute the habitat for any
endangered or threatened species of indigenous
Philippine Wildlife (flora and fauna);
4. Areas of unique historic, archaeological, or
scientific interests;
5. Areas which are traditionally occupied by cultural
communities or tribes;
6. Areas frequently visited and/or hard-hit by
natural calamities (geologic hazards, floods,
typhoons, volcanic activity, etc.);
7. Areas with critical slopes;
8. Areas classified as prime agricultural lands;
9. Recharged areas of aquifers;
10. Water bodies characterized by one or any
combination of the following conditions;
a. tapped for domestic purposes
b. within the controlled and/or
protected areas declared by
appropriate authorities
c. which support wildlife and
fishery activities
11. Mangrove areas characterized by one or any
combination of the following conditions:
a. with primary pristine and dense
young growth;
b. adjoining mouth of major river
systems;
c. near or adjacent to traditional
productive fry or fishing grounds;
d. which act as natural buffers
against shore erosion, strong winds and
storm floods;
e. on which people are dependent
for their livelihood.
12. Coral reefs, characterized by one or any
combinations of the following conditions:
a. with 50% and above
live coralline cover;
b. spawning and nursery
grounds for fish;
c. which act as natural breakwater
of coastlines.

Environmentally Non-Critical Projects. All other
projects, undertakings and areas not declared by
the President as environmentally critical shall be
considered as non-critical and shall not be required
to submit an environmental impact statement. The
National Environmental Protection Council, thru the
Ministry of Human Settlements may however
require non-critical projects and undertakings to
provide additional environmental safeguards as it
may deem necessary.

The Artica Sports Dome in Langub does not come
close to any of the projects or areas enumerated
above. Neither is it analogous to any of them. It is
clear, therefore, that the said project is not
classified as environmentally critical, or within an
environmentally critical area. Consequently, the
DENR has no choice but to issue the Certificate of
Non-Coverage. It becomes its ministerial duty, the
performance of which can be compelled by writ of
mandamus, such as that issued by the trial court in
the case at bar.















































































































PD 1151: PHILIPPINE ENVIRONMENTAL
POLICY

We will discuss the salient features of PD 1151.

As early as 1970s at the time of Marcos meron na
tayong policy on the environment.

Sec. 1-It is hereby the continuing policy of the
state-***Continuing-up to now the same yung
policy ng state.
(a) to create, develop, maintain and improve
conditions under which man and nature can
thrive in productive and enjoyable harmony
with each other,-*** Man and nature can thrive in
productive and enjoyable harmony with each other-
So there is no quarrel between man and nature
because merong harmony between them. It
presupposes a policy on sustainable development.
(b) to fulfill the social, economic and other
requirements of present and future generations
of Filipinos,-***So if you are aware of
intergeneration responsibility-to preserve our
environment for the generations yet to come, we
are here to preserve and conserve the environment
for the generations to come, tayo ang mag-
proprotect we are not here to destroy nor to exploit
but to protect the environment so that is
intergenerational responsibility so like in the case of
Factoran.
And (c) to insure the attainment of an
environmental quality that is conducive to a life
of dignity and well-being.-***A quality that is
conducive to a life so like there is a need for a
clean and healthy environment and there is dignity
in ones person
Sec. 2. Goal- To use all practicable means,
consistent with other essential considerations
of national policy, in promoting the general
welfare to the end that the Nation may (a)
recognize, discharge and fulfill the
responsibilities of each generation as trustee
and guardian of the environment for
succeeding generations,-***So eto na naman
yung intergenerational responsibility. So hindi pa
nauso si Atty. Oposa meron na yang
intergenerational responsibility kasi as early as
1970s meron na yan it is evidenced by PD 1152 so
it is not entirely true na si Oposa talaga ang
responsible for the intergenerational responsibility
concept sa Pilipinas though sumikat siya dahil
diyan at naging international celebrity I know that
because Atty. Oposa is my friend.
(b) assure the people of a safe, decent,
healthful, productive and aesthetic
environment, ***The environment is itself
aesthetic, there is art, there is artistry in the
environment so nakita niyo yung mga natural
wonders, yung mga sculptures created by nature,
yung mga rock monuments mga korteng dinosaurs
at kung anu-ano pa ang mga itsura nila.
(c) encourage the widest exploitation of the
environment without degrading it, or
endangering human life, health and safety or
creating conditions adverse to agriculture,
commerce and industry, (d) preserve important
historic and cultural aspects of the Philippine
heritage,
***Our natural resources itself constitute our
heritage itself. So under PD 1151 it is the policy of
the State to protect the cultural aspect of the
Philippine heritage, part of our heritage.
(e) attain a rational and orderly balance between
population and resource use, and (f) improve
the utilization of renewable and non-renewable
resources-
*** As early as 70s we are talking about renewable
energy . Example ng renewable energy wind
energy, hydro-electrical, yan ang trend right now.
Geothermal not dependent on mineral fuels. In so
far as non-renewable resources i-improve mo yun
or i-preserve mo pa kung ano pa yung natitira pa sa
lupa mo.
Sec. 3. Right to a Healthy Environment.
*** You can find the right to a healthy environment
sa Constitution. So as early as 70s, na-incorporate
na yan sa 1987 Constitution.
In furtherance of these goals and policies, the
Government recognizes the right of the people
to a healthful environment. It shall be the duty
and responsibility of each individual to
contribute to the preservation and
enhancement of the Philippine environment-
***Who has the duty? You would say the
government, No!!! If you would look at the
Philippine environmental policy, it is the duty of
each and every one. Lahat ng citizens ng Republic
of the Philippines. It is our duty to contribute to the
preservation and enhancement of our environment.
Sec. 4. Environmental Impact Statements.
Pursuant to the above enunciated policies and
goals, all agencies and instrumentalities of the
national government, including government-
owned or controlled corporations, as well as
private corporations firms and entities shall
prepare, file and include in every action, project
or undertaking which significantly affects the
quality of the environment a detail statement on
(a) the environmental impact of the proposed
action, project or undertaking
(b) any adverse environmental effect which
cannot be avoided should the proposal be
implemented;
(c) alternative to the proposed action;
(d) a determination that the short-term uses of
the resources of the environment are consistent
with the maintenance and enhancement of the
long-term productivity of the same; and
(e) whenever a proposal involve the use of
depletable or non-renewable resources, a
finding must be made that such use and
commitment are warranted.
***What are the mitigating measures to soften the
impact of the undertaking to the government , yan
yung EIS system. Under PD 1151 it says- all
agencies and instrumentalities of the national
government but it does not include the local
government units because under the Administrative
Code, the term local government unit has a
different definition at hindi yan kasali diyan. So
using the definition (local government unit under sa
Administrative Code) in the case of Davao City vs
DENR. It is about the Artica Sports dome, during
the time, the city government started the project
without undergoing the EIS system, hindi sila
kumuha ng ECC. Now the opponents of then Mayor
de Guzman filed a case against him and some
other individuals for the violation of PD 1586.
Because they embarked on a project which is
considered to be environmentally critical project
and within an environmentally critical area at hindi
sila kumuha ng ECC which is required under PD
1586. Since it was already there, pinandigan ko na,
I said theres no need to secure an ECC and to
comply with PD 1586 because in the first place: 1.
Local government units are not embraced with the
scope of the law; 2. The city is exempt from getting
an ECC because it is not an environmentally critical
project and it was not undertaken within an
environmentally critical area.
***So ang ginawa namin kumuha kami ng
Certificate of Non-Coverage or CNC which the
DENR refused to give. So we went to RTC and the
RTC sustained the decision of the City government
so the Sol. Gen. went up to the Supreme Court and
the SC decided that on the argument that LGUs are
not covered, the SC said that ALL governmental
units are covered. It is clear now that all
instrumentalities including the LGUs are covered
pero parang may judicial legislation kasi inilagay
ang LGUs. However, on the issue, W/N the city
government or the mayor violated the EIS law
because they failed to secure an ECC, sabi ng
Supreme Court- the city is exempt in securing an
ECC because the project is not considered as an
environmentally critical project and it is not
undertaken within an environmentally critical area.
So it paved the way for the issuance of CNC so
there was no legal impediment for the continuation
but at that time, Ben de Guzman lost the elections
so Mayor Duterte decided not to continue the
project notwithstanding the clearance from DENR.
Before an environmental impact statement is
issued by a lead agency, all agencies having
jurisdiction over, or special expertise on, the
subject matter involved shall comment on the
draft environmental impact statement made by
the lead agency within thirty (30) days from
receipt of the same.
Section 5. Agency Guidelines. The different
agencies charged with environmental
protection as enumerated in Letter of
Instruction No. 422 shall, within sixty (60) days
from the effectivity of this Decree, submit to the
National Environmental Protection Council
(NEPC), their respective guidelines, rules and
regulations to carry out the provisions of Sec. 4
hereof on environmental impact assessments
and statements.
Section 6. Repealing Clause. All Acts,
Presidential Decrees, executive orders, rules
and regulations or parts thereof which are
inconsistent with the provisions of this Decree
are hereby repealed, amended or modified
accordingly.
Section 7. Effectivity. This Decree shall take
effect immediately.
Done in the City of Manila this 6th day of J une
in the year of Our Lord, nineteen hundred and
seventy-nine.
***So as early as June 6, 1979 meron na tayong
law for this and until now sinusunod pa rin natin to.
















PD 1152: PHILIPPINE ENVIRONMENTAL CODE
***Medyo detalyado ito, Ano itong Philippine
Environmental Code? The establishment of
specific environment management policies and
prescribing environment quality standards in a
Philippine Environment Code. So the Philippine
Environment Code actually establishes a quality, an
environmental quality standards. Yan ang
Philippine Environment Code, so ano yung mga
standards na yan?
TITLE I: AIR QUALITY MANAGEMENT
***What are the purposes?
(a) to achieve and maintain such levels of air
quality as to protect public health; and
***Levels of air quality so theres a standard of
minute particulates in the air. I remember when I
was in college nasa Maynila ako, may nakikita
akong billboard kung saan nakalagay kung gaano
karami yung particulates sa environment to
determine whether it is polluted or not so everybody
will know so if you will pass by that billboard in
Cubao makikita mo doon kasi malaki yun so it will
really catch your attention so makikita mo doon
yung level of air standards kasi may indication doon
kung sumobra nab a siya. Pero parang tinanggal
na I dont know why mas maganda sana yun so
everybody would know the quality of air we breathe
especially in Manila. One indication is that
maraming nagkakasakit or makikita mo yan sa
katawan like nahihirapan kang huminga like you
are on the plane, makikita niyo before you landing
kung gaano ka-polluted yung Maynila but
supposedly meron dapat tayong air quality
management.
(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.
***The growth of plants even yung animals
naapektuhan din sila some plants are stunted, the
growth is stunted, maliit pa namumunga na (na-
ahat siya) it will bear fruit then it will wither then it
will die. So kung ganon sa plants, ganon din sa tao
bata pa pero parang matanda na.
***Ano yung standards ng air quality?
Sec. 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.
Sec. 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.
Sec. 5. Community Noise
Standards. Appropriate standards for
community noise levels shall be established
considering, among others, location, zoning
and land use classification.
Sec. 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.
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.
Sec. 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.
***Lahat yan are actually standards. Standards for
noise-producing equipments like jackhammers. I
remember, I was told, who are familiar with SNR?
Diyan nag-shoshopping yung mga high-end
shoppers. Everybody is happy about the proposed
SNR and it is now on construction pero ang sabi
nila na-stop ang construction. Why? Because of
noise pollution. Yung subdivision near SNR
nagrereklamo na kasi gusto ng SNR ng magpile
nang magpile kasi hindi pa nila na-rereach ang
desired depth na gusto nila so araw gabi yun at
yung mga tao hindi na makatulog dahil sa sobrang
ingay . Probably those residents filed a complaint
thats why the construction is temporarily stopped.
Then nakausap ko yung isa sa mga contractors,
sabi niya the construction will resume after ma-
install yung machine pile that will minimize the
noise.
***Itong aircraft emissions and sonic booms. I dont
know if naabutan niyo yan pero I guess naabutan
niyo yung BAK 11(?) na eroplano. In the earlier
planes of Cebu Pacific, yung mga luma (BAK 11(?))
Kapag dumating yan at kapag nag-take-off yan
napakaingay but they are not being used anymore
yung mga BAK 11(?) kasi hindi siya makapasa sa
noise standards. Pero I was really surprised kasi
these planes yung BAK 11(?) at DC 9 (?) are not
used in Philippines but they are used outside of the
Philippines kasi during one of my trips abroad, from
France to Italy, nakita ko na ginagamit pa pala ang
mga ito dito pero hindi na ito ginagamit sa Pilipinas
so yung standard nila mas maliit so mas mas okay
pa pala tayo dito sa Pilipinas kasi mas mataas ang
ating standards. In fact, in the Philippines we have
the youngest fleet of planes sa buong mundo.
Chapter II
Regulation and Enforcement
Sec. 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.
Sect. 9. Aircraft Noise. Community noise
standards around airports shall be implemented
by the Civil Aeronautics Administration in
coordination with the National Pollution Control
Commission.
Sec. 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.
Sec. 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
Sec. 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.
**Monitoring, theres a need for air monitoring. So
who is supposed to monitor? The NPCC in
coordination with appropriate government
agencies, shall establish to the greatest extent
practicable an air quality monitoring network but
this is not actually done.
The National Environmental Protection Council
shall be furnished with the results of air quality
monitoring activities.
Sec. 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 Service Administration.
***PAG-ASA. We have the oldest weather
equipments. I remember the former chief of PAG-
ASA, he was removed because the PAG-ASA
failed to foretell the coming of a typhoon so he was
removed by the president only to find out (by the
president himself) na medieval pa yung mga
equipments so bumili sila nga bago. Who can
accurately predict the weather? Wala naman diba?
Even the US. So sabi nila, predicting weather is like
also predicting a mind of a woman. If you cant
predict the mind of a woman you cannot also
predict the weather.
TITLE II: WATER QUALITY MANAGEMENT
***Meron tayong Clean Water Act pero actually ito
na yun.
Sec. 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; ***Meron
na tayo niyan, meron na tayong map of rivers all
over the Philippines on the classification of such
waters. Meron yan silang grade. Like yung river na
ito, eto ang kaniyang river 123 or 4 like can it be
used for drinking or para saan it puwedeng gamitin
like puwede ba itong pang-recreation, pang-
industrial etc.
(b) establishment of water quality standards;
(c) protection and improvement of the quality of
the Philippine water resources, and
(d) responsibilities for surveillance and
mitigation of pollution incidents.*** Wala tayo
niyan although sinasabi nila that the ENP monitors
all our waters in their respective areas of
responsibilities pero hindi nila ginagawa yan what
they do is that they just act if theres an incident
pero on their own di talaga nila ginagawa yan.
Chapter I
Classification and Standards
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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
Sec. 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.
Sec. 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.
Sec. 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.
***Hindi naman nila ginagawa yan.
***We also have land use management.
TITLE III: LAND USE MANAGEMENT
Sec. 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 and imbalance between the nation's
needs and such resources.
***Ito yung pinaka-importante dito kaya nga meron
tayong land management bureau. Ano yung
imbalance? Ito yung brought about by different
uses of lands yung mga agricultural use, yung
residential. Our population is growing, yung mga
lands devoted to agriculture nababawasan yan so
anong lupa ang gagamitin natin for agriculture?
Wala! The agricultural production becomes smaller
and smaller as our need for residential lots grow.
So whats the objective of land management? To
create the balance between the needs and the
development.
Sec. 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.
***Supposedly, there should be a comprehensive
zoning ordinance. Why comprehensive? Kasi
dapat ma-identify mo kung ano yung industrial,
residential, commercial etc. But in Davao City we
dont have one. But we have SPOT Zoning katulad
sa isa may residential, commercial, industrial sa
kabila meron na naman, spot nga. Others would
say, its pocket zoning. It is very ideal that all
industries should be placed in one location para
alam mo kung saan ka mag-iinvest at saan mo
ilalagay ang factory mo the same as residential.
***Ironic situation: HOLCIM-At the time that
HOLCIM was established there, wala pang mga
residents diyan but because of the employees they
were allowed to built their houses near HOLCIM,
right now the residents are complaining at gusto na
nilang paalisin ang HOLCIM kasi daw nakaksira
sila sa environment at naapektuhan sila.
***But if we have that zoning ordinance maiiwasan
natin yung mga sitwasyon na ganyan.
TITLE IV: NATURAL RESOURCES
MANAGEMENT AND CONSERVATION
Sec. 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.
***We are talking here about sustainable
development so we have to preserve our
natural resources for the future generation.
Conservation means to use only what we need.
Chapter I
Fisheries and Aquatic Resources
Sec. 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.
Sec. 27. Measures for National
Exploitation. Measures for the national
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
(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.
Chapter II
Wildlife
Sec. 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.
Sec. 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
Sec. 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.
Sec. 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,
kaingin making 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.
Sec. 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. ***Fertilizers and pesticides are
supposed to be monitored but sad to say wala rin.
Sec. 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
Sec. 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;
(a) the control of soil erosion on the banks of
rivers, the shores of lakes, and the seashores;
(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;
(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.
***You see theres flood control program. One of
the ways to prevent floods is to preserve the natural
catch basins kasi diyan napupunta yung mga tubig
pero ang ginagawa because of rapid development
tinatabunan nalang. So saan na ngayon pupunta
ang tubig? It supposedly go to the lowest portion.
Like in Davao City-Torres, Obrero, Boulevard,
Laverna Hills, etc. The best example here is yung
bagyo sa Maynila yung umapaw yung Marikina
River tapos may subdivision doon, zero talaga
maraming namatay kasi yung area na yun ay
natural catch basin.
Sec. 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
destructive effects. ***Typhoon Pablo- matagal
siyag nakalabas in fact bumalik pa nga siya diba
eh.


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.
***Nuclear power plant, we have Bataan nuclear
power plant which was built during the time of
Marcos. But at the time of Cory, she immediately
abolished the Department of Energy and I was in
that department. During that time we experienced a
lot of brown outs at such effects are experienced til
now kasi napabayaan kasi ang argument nila ang
department na yun daw ang isa sa pinaka-corrupt
but I would say that such agency was the most
effecient during the time of Marcos kasi walang
mga brown out but napabayaan and now they are
planning to revive it pero maraming ayaw kasi
natatakot silang matulad sa Japan or yung nangyari
sa Russia.
***The trend right now is to go into to the use of
renewable energy. There is a form of compensation
dito on renewable energy, this is an international
law. This so called compensation, you use this
much energy, you save this much energy thats an
equivalent into saving our environment.
Sec. 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.
Sec. 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
Sec. 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.
***Ang ginagamit natin for our basic water need is
for example the Davao City Water District is yung
ground water but as early as now they are
considering the possible usage of surface water
kasi nauubos na yung ground water natin and the
most viable surface water is found at Tamugan
river but it is being contested by Aboitiz and the
DCWD on the use of the water. But I like to add to
that now; they were able to come up with a solution
to such problem.
***Theres an article about the control of the
sources of water and the next world war would be
about who has control over water resources
because it is believed that water in the future would
be scarce. Diyan mag-away-away, that would be
the cause of the next world war.
Chapter VII
Mineral Resources
***Theres a bill now pending in Congress making
Davao city mining-free if that would be passed,
Davao City would be the first one in the Philippines.
Walang mining sa Davao City.
***Ang trending talaga is to go mining. We extract
our resources. It is just a matter of how you
manage it, kung paano mo kukunin etc. Kaya nga
nilagay yan diyan ng Panginoon so man should use
it but it should be used in accordance with the
needs.
Sec. 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.
***This became effective during the time of
Marcos. During the time of Marcos, ine-encourage
niya yung participation yung mga under the social
justice system, yung sinasabi nilang backyard
mining in order to support the livelihood program ng
government but the problem is that these small-
scale miners are left on their own and they conduct
mining operations on their own without the
guidance of the government. So pollution dito
pollution doon then the problem became bigger and
bigger .
Sec. 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;
(b) training of additional technical manpower
needed in geology, geophysics, mining
engineering, and related fields;
(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
***Waste management-it is also a problem here in
Davao City. We generate a lot of waste. Hindi lang
waste on our households, on our offices but the
bigger problem is the waste generated from the
hospitals they are highly communicable, walang
waste disposal system ang mga hospital though sa
kanila merong segregation but it is only up to that.
How do we dispose of them? Zero! Why? 1. Lack of
initiative from the government to implement the
laws. 2. Sa local, wala tayong facilities. 3. Wala
tayong technology- even if gusto ng mga hospitals
but they are incapable because they are busy
running the hospitals . But right now, the PAB is
really looking forward that such system would be
implemented in the next five years.
***In Davao city, we are supposed to have a waste
segregation, meron tayong mga basurahan and we
were provided with thousands of recycle bins how
many years ago pero ngayon parang wala na kasi
yung ibang magagaling na mga Pilipino ninanakaw
at dinadala nila sa bahay nila, yung ibang industries
dinadala nila sa mga yarda nila. Tapos meron
tayong color coding even meron tayong color
coding like black (non-biodegradable) and green
(biodegradable). Even the segregation starts at
home the problem began at the transport pagdating
doon sa truck iniisa nalang nila then pagdating sa
tambakan iniisa lang nila so useless. There is no
technical support from the ENB. The ENB is
supposed to take a strong lead at this waste
segregration program pero wala pa rin.
Sec. 42. Purpose. 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
Sec. 43. Waste Management
Programs. Preparation and implementation of
waste management program 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.
***The agency responsible for this would be the
LGUs. Actually meron nay an siya but it is not
actually being enforced. Tapos yung initiative
nawala na ngayaon kahit ano nalang, supposedly it
should be MWF-biodegradable tapos TTH-non-
biodegradable tapos hindi nila kukunin yung basura
mo sa hindi takdang araw pero ngayon wala, sa
amin once a week lang so pinag-isa nila yung bio at
non-bio, binubuhos lang nila sa truck tapos yung
mga basurero sinesegregate nila yung puwede
pang-marecycle tapos binebenta nila.
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.
Sec. 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
***Ano yung methods of waste disposal? Later on
we will discuss on Clean Air Act. So we have solid
waste disposal, sanitary landfill, incinerations-
actually sa Clean Air Act nawala na itong
incinerations. Yung incineration is yung sinussunog
yung mga basura tapos may chimney yan doon sa
chimney ini-emit yung smoke. Nawala ito ngayon
yung incineration but the irony of it under Clean Air
Act- it bans incineration but it allows traditional
incineration-yung siga sa bahay. They say, kung
ipunin mo yang mga siga ng buong Pilipinas
compared to those incineration plants, yung mga
effluents, yung smoke, mas sobra pa yang smoke
na yan kaysa mga smoke galing sa mga
incineration plant.
Sec. 45. Solid Waste Disposal. Solid Waste
dispos.al shall be by sanitary landfill,
incineration, composing, and other methods as
may be approved by competent government
authority.
Sec. 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.
Sec. 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.
Sec. 48. Disposal Sites. The location of solid
waste disposal sites shall conform with existing
zoning; land use standards, and pollution
control regulations.
Sec. 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.






























PD 1586: ESTABLISHING AN ENVIRONEMTAL
IMPACT STATEMENT SYSTEM, INCLUDING
OTHER ENVIRONMENTAL MANAGEMENT
RELATED MEASURES AND FOR OTHER
PURPOSES.
***What is the EIS? PD 1586 or otherwise known
as Environmental Impact Statement System xxxxx.
***What is the rationale of this law? The necessity
of establishing and institutionalizing of a
system whereby the exigencies of socio-
economic undertakings can be reconciled with
the requirements of environmental quality. So
dapat i-reconcile mo yung dalawa. Industry vs. the
environment, ano ang median diyan? The EIS
system is aimed at finding the line of best fit (?)
ilalagay mo yung industry diyan pero you make
sure that the impact on the environment is
mitigated. Hindi masyadong destructive sa
environment. Yan ang short na rational about PD
1586.
Section 1. Policy. It is hereby declared the
policy of the State to attain and maintain a
rational and orderly balance between socio-
economic growth and environmental protection.
***When we say noh about environmental
protection, it does not mean that we should live in
caves noh, we should allow ourselves to grow but
not to destroy the environment or kung merong
industry na nakakasira diyan, put up some
mitigating measures so the impact to the
environment is lessen, lessen to a tolerable degree,
there are standards kung hanggang saan lang ang
puwede. Yan ang objective ng EIS System.
Discussion of the direct or indirect
consequences upon the human welfare as well
as the ecological and environmental integrity.
***Ano yung direct at yung indirect? Sabi nga if you
get the ecological footprint of a tree from the time
na tinanim yan hanggang sa time lumaki at putulin
yan, so ano ang direct reason niyan? Siguro yung
economic value niya. What is the economic value
of a tree? 70 pesos per board foot times kung
ilang board feet yung tree, yun yung kaniyang
economic value. How about yung other value?
Yung mga hindi puwedeng i-quantify through
money, ano yung puwedeng mawala? Sige daw!!
For example pinutol mo yung isang full grown tree,
ilang ibon ang namamahay diyan? Diba
mawawalan sila ng bahay? Ilang butterflies ang
gumagamit sa kniyang bulaklak? I-mumultiply mo
yan o bees kaya na namumugad diyan? Yung mga
uod na nakatira sa roots ng kahoy na yan. So can
you quantify that? Isang kahoy lang yan, paano na
kaya kung ektarya ektarya , so can you imagine the
possible effects to the plants, the animals pati na
rin sa human beings. Kaya nga sabi nila di mo
talaga ma-quantify yan.
***Ano yung Environmental Impact Statement
Assessment? Ano ang i-aassess mo diyan? To
identify the important environmental
consequences including social factors that may
occur to the projects that may be done. ***Ano
yung social factors? Ilang tao ang nakatira diyan?
Sino ang nakatira diyan? Kapag itinayo mo yung
project mo diyan ilang tao ang madi-displace? It is
a type of measure to eliminate or minimize the said
impacts. Ano yung mga measures to be done in
order to minimize the impact to the environment at
dito sa mga social factors na ito, yung mga taong
apektado, yung mga animals na apektado.
***Later on meron diyang decree na naglilista sa
mga environmentally critical areas at yung mga
environmentally critical projects. So if you fall
either of these two then you must undergo the EIS
system. Kung hindi ka naman na-bebelong diyan,
puwedeng hindi na but this has been I should say
abused noh or naging overzealousness ng ENB,
almost all types of undertakings or projects required
an ECC. Kahit gagawa ka lang ng maliit na
gasoline station diyan, you need to undergo the EIS
system.
***So what is PD 2146? It lists down the areas
which are considered to be environmentally critical
and what projects are considered to be
environmentally critical.
Section 9. Penalty for Violation. Any person,
corporation or partnership found violating
Section 4 of this Decree, or the terms and
conditions in the issuance of the Environmental
Compliance Certificate, or of the standards,
rules and regulations issued by the National
Environmental Protection Council pursuant to
this Decree shall be punished by the
suspension or cancellation of his/its certificate
or and/or a fine in an amount not to exceed Fifty
Thousand Pesos (P50,000.00) for every
violation thereof, at the discretion of the
National Environmental Protection Council.
***So tignan niyo yung penalty, suspension or
cancellation of his/its certificate or and/or a fine in
an amount not to exceed Fifty Thousand Pesos
(P50,000.00) for every violation thereof, so do you
think this would deter a person in violating the EIS
system? Wala diba?
***So ano ang scope ng EIS system? Eto who are
covered? All government agencies, including its
instrumentalities as well as GOCCs, private
corporations, firms, entities and individuals. I have
told you about the Artica Sports dome right? So
they started the construction of the dome without
an ECC and at that time si Mayor de Guzman was
charged to be criminally liable for the violation of
PD 1586 dahil nagstart sila without undergoing the
EIS system. Ang sabi naming, Artica Soprts dome
ay hindi covered ng EIS system because 1. LGUs
are not included in the scope. 2. The project is not
considered to be an undertaking in an
environmentally critical area and 3. The project is
not considered to an environmentally critical one.
The SC struck down the first line of defense, for the
purposes of PD 1586, LGUs are covered otherwise
the spirit of PD 1586 would be defeated by mere
technicality so that any LGU would just do away
with the EIS system. But the SC agreed with the 2
nd

and the 3
rd
defences. Kasi ang sabi ng Mines and
Geosciences Bureau, the entire Davao City is an
environmentally critical area then ang sabi naming,
if thats the case you yourself is violating the PD
1586 because kung mag-construct lang kayo ng
anything noh, kahit maliit na kubeta you have to
undergo the EIS system so you have to pass your
mitigating measures to minimize the impact to the
environment doon palang talon a ang argument
nila. And we also submitted evidences to prove that
Davao City is not an environmentally critical area.
Environmental Compliance Certificate (ECC)-
It is a piece of 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: environmental impact. The ECC also
certifies that the proponent has complied with
all the requirements of the EIS System and has
committed to implement its approved
Environmental Management Plan. The ECC
contains specific measures and conditions that
the project proponent has to undertake before
and during the operation of a project, and in
some cases, during the project's abandonment
phase to mitigate identified environmental
impacts.

***Ibig sabihin if you have an ECC, sinasabi lang na
you have undergone the EIS system, this is the
project, this is the capacity of the project and there
are certain conditions there that you have to follow.
Kapag hindi mo yun i-finollow, marerevoke ang
ECC mo. Meron din siyang mitigating measures
also, you are allowed to construct this project
provided that you have put up this mitigating
measure like canal diyan, big fences, water sewage
system etc.

PD 2146

***This is a list actually containing the projects
which are considered to be as critical and the areas
considered as critical.

***We go directly to environmentally critical
projects. I have to emphasize hah, if a project is
undertaken within an ECA (environmentally critical
areas) you have to undergo EIS system. Kung
project naman, irrespective of the area kahit saan
mo ilagay yan basta yung project is listed as an
ECP (environmentally critical project) it has to go
the EIS system. So ECP regardless of the area,
ECA regardless of the project.

A. Environmentally Critical Projects

I. Heavy Industries

a. Non-ferrous metal industries
b. Iron and steel mills
c. Petroleum and petro-chemical industries
including oil and gas
d. Smelting plants

***Yan yung categorized as heavy industries.

II. Resource Extractive Industries

a. Major mining and quarrying projects

b. Forestry projects
1. Logging
2. Major Wood processing projects
3. Introduction of fauna (exoticanimals) in
public/private forests
4. Forest occupancy
5. Extraction of mangrove products
6. Grazing

c. Fishery Projects
1. Dikes for/and fishpond development projects

III. Infrastructure Projects

a. Major dams
b. Major power plants (fossil-fueled, nuclear
fueled, hydroelectric or geothermal)
c. Major reclamation projects
d. Major roads and bridges

***So if you are planning to construct a major dam
kailangan ng ECC or kung yung power plants like
coal plants.
***So what are those considered as
environmentally critical areas?

B. Environmentally Critical Areas

1. All areas declared by law as national parks,
watershed reserves, wildlife preserve and
sanctuaries;
*** So kahit ano pa ang ilagay mo diyan you have
to undergo the EIS system.
2. Areas set aside as aesthetic potential tourist
spots;
3. Areas which constitute the habitat for any
endangered or threatened species of
indigenous Philippine Wildlife (flora and fauna);
4. Areas of unique historic, archaeological, or
scientific interests;
5. Areas which are traditionally occupied by
cultural communities or tribes;
6. Areas frequently visited and/or hard-hit by
natural calamities (geologic hazards, floods,
typhoons, volcanic activity, etc.);
7. Areas with critical slopes;
8. Areas classified as prime agricultural lands;
9. Recharged areas of aquifers;

10. Water bodies characterized by one or any
combination of the following conditions;
a. tapped for domestic purposes
b. within the controlled and/or protected areas
declared by appropriate authorities
c. which support wildlife and fishery activities

11. Mangrove areas characterized by one or any
combination of the following conditions:
a. with primary pristine and dense young
growth;
b. adjoining mouth of major river systems;
c. near or adjacent to traditional productive fry
or fishing grounds;
d. which act as natural buffers against shore
erosion, strong winds and storm floods;
e. on which people are dependent for their
livelihood.

12. Coral reefs, characterized by one or any
combinations of the following conditions:
a. with 50% and above live coralline cover;
b. spawning and nursery grounds for fish;
c. which act as natural breakwater of coastlines.

***So thats the full list but you can also have the
full text of the law.









































































































RA NO. 9275: AN ACT PROVIDING FOR A
COMPREHENSIVE WATER QUALITY
MANAGEMENT AND FOR OTHER PURPOSES

SECTION 2. Declaration of Policy. - The State
shall pursue a policy of economic growth in a
manner consistent with the protection,
preservation and revival of the quality of our
fresh, brackish and marine waters.

***Coverage of the Act- Water quality
management in all water bodies: Provided, That
it shall primarily apply to the abatement and
control of pollution from land based sources.
***So basically, the Clean Water Act covers the
water quality management in all bodies of waters.
What is the purpose To abate or control pollution
from land-based sources. Tandaan niyo huh, Land
based sources.

***The water quality management area supposedly
the NWRB, the department based on DENR in
coordination with NWRB shall designate areas that
shall designate certain areas as water quality
management areas, this is also in coordination with
the LGUs using appropriate physiographic units
such as watershed, river basins or water resources
regions. They would identify certain areas within
the local government unit and designate the same
as water quality management area. Sino ang
namamahala nito? Well in the Philippines we have
60 watersheds and 9 are located in Davao: The
Lasang river, the Bunawan river, Panacan river,
Davao river, Matina (?), Talomo river, Lipadas
river, Kinawayan river and Sibulan river. These
are the 9 watersheds in Davao city.

***Sources of water: Groundwater and Surface
water. Actually sa Constitution kasali ang
atmospheric water (Yung ulan ba) but it is not
covered by the Clean Water Act.

***Water quality management area- ito ay
governed by a board comprising of mayors,
governors of member LGUs. So sabihin natin that
this area is between 2 adjacent LGUs, yung mga
mayors and governors diyan would compose the
management board. And representatives of
relevant national government agencies, duly
registered non-governmental organization,
water utility sector, and business sector. But I
am not aware if merong ganyang board here in
Davao city.

***Management of Non-attainment Areas- The
DENR also identifies areas kung saan polluted na
masyado and label it as NON-ATTAINMENT
AREAS. Ano yung non-attainment areas? Yun
yung mga areas which exceed the allowable
standards or standards allowed by the law.

Classification of Water according to quality:
1. Meron tayong CLASS AA- Like
watersheds, pristine ang quality ng water
nito.
2. CLASS A-For water supplies, puwede ito
maging source of water supply for an
entire community but it must treated
gaya ng DCWD. Dumadaan yan ng
treatment.
3. CLASS B- When it says Class B it means
for recreation such as bathing,
swimming, etc. Those designated for
tourism purposes.
4. CLASS C- It shall be for the propagation
of other aquatic resources. Recreational
water class like for boating etc. and for
industrial supply.
5. CLASS D- Agriculture, irrigation.
Primarily for irrigation. Industrial water
supply and cooling para sa cooling
power for industrial purposes (?).

2006 Classification of Water bodies in Davao
City: (Do you think the water quality has
improved?) As of 2006 Davao city:
a. Bunawan river- Class C
b. Davao river (Up stream)-Class A
c. Maa river(Down stream)- Class C
d. Ilang river- Class C

***So wala tayong Class AA.

SECTION 7. National Sewerage and Septage
Management Program. ***So in Davao city wala
tayong sewerage and septic system, kami sa
Maynila meron yung Manila Waterworks and
Sewerage System. Although the DPWH under the
Clean Water Act is directed to prepare a national
program on sewerage and septic management, I
dont know again if we have that kind of program in
Davao city, but one thing is sure we dont have
such system so how can we have a program if we
dont have a system.

***Theres a policy in the Laguna Lake, we have an
authority there diba? LLDA. There is a program
kung saan napupunta ito sa national water
management fund but that is within LLDA but there
is no such thing working here in Davaocity, yung
policy na POLLUTERS SHALL PAY. If you pollute,
you pay. In Laguna de Bay, maraming mga
factories yung mga dumi nila dumidiretso sa
Laguna de Bay. Now if you exceed the standards
allowed by the law I mean the effluents, they pay.
Hindi ka naman puwedeng mag-discharge ng
effluents without a permit from the LLDA but in
Davao city seems that those effluence from the
factories did not passed itong waste water
management. (For purposes of complying such
permit, these factories have water sewage system.
When the DENR inspects theres water sewage
system but at the time the DENR turns its back in
actual practice, di ginagamit niyan kasi it is very
expensive to operate and maintain one pero
titignan mo andyan yan.)

SECTION 12. Categories of Industry Sector. -
Within twenty-four (24) months from the
effectivity of this Act, and every two (2) years
thereafter, the Department shall, through due
public consultation, revise and publish a list of
categories of industry sector for which effluent
standards will be provided for each significant
wastewater parameter per industry sector.
The Department shall provide additional
classification based on other parameters
specifically associated to discharge of a
particular industry which shall be included in
the listing of categories prescribed in the
preceding paragraph.
***If you are for example in a manufacturing
industry, i-claclassify kayo or if you are an
agricultural industry meron kayong sariling mga
standards, the effluents or discharges which come
from your factory would be regulated based on the
standards and if you exceed the standards you will
pay or if you violate later tignan ninyo ang mga
penalties.
***Tignan ninyo-Laguna Lake Region and Regional
Industrial Centres which will collect waste industrial
charges. It yung tawag nila POLLUTERS SHALL
PAY.
SECTION 13. Wastewater Charge System. XXXX
The system shall be established on the basis of
payment to the government for discharging
wastewater into the water bodies. XXXX
***It is not really, even if you do not exceed the
standards for as long as you discharge water into
the water body depending on the volume of waste
more so if you exceed the standards then you have
violated the law. So sasabihin nila you are allowed
to discharge then you have the permit to discharge
based on the volume mapupunta sa fund yan,
anong purpose ng fund na yan? For rehabilitation
purposes.
***Discharge permits, yan! The Department shall
require owners or operators of facilities that
discharge regulated effluents pursuant to this
Act to secure a permit to discharge. ***So if you
discharged without a permit you violate the law.
SECTION 16. Clean-Up Operations. ***Kung may
pollution na? Example, Oil Spill-The corporation
who caused it or the owner of such oil, a tanker for
example shall be responsible to contain, remove
and clean-up any pollution incident at his own
expense. Emergency clean-up operations shall be
undertaken by DENR especially if the corporation
has no capability of doing so but expenses incurred
in said operations shall be reimbursed by the
persons found to have caused such pollution upon
proper administrative determination in accordance
with this Act.
***How much did the Phoenix paid? When yung
kanilang tank ay nasira, I think 1.2 Billion Pesos.
But that is not enough to rehabilitate that area. This
brings back to what happened in Guimaras. Ito
yung aerial view, eto lang yung oil na nasadsad di
pa talaga yun yung nangyari sa dagat, this would
take 20 years to put back to its original state (Just
imagine) You see the damage in the environment.
***Lead Agency: The DENR.
***What is the role of the LGUSs? Ang sinasabi is
you share in the management and improvement of
water quality within your territorial jurisdictions.
SECTION 24. Pollution Research and
Development Programs.
SECTION 25. Rewards. ***Bibigyan ka ng medalya
ng gobyerno if you undertake outstanding and
innovative projects, technologies, processes and
techniques or activities in water quality
management. ***Several years ago, I wrote an
article about water sabi ko doon if you can put all
potable water into a jar of water like a gallon of
water, ilagay mo diyan lahat ng water only about a
teaspoon of water ang potable, ganon lang ang
ratio and if there would be a world war, it will not be
about oil but about who will control water. Like 100
years from now pinag-aawayan na yang water
actually kahit ngayon napaka-crucial nay an. If we
will not do something about our sources of water,
dito palang magpapatayan na yan. So fast forward
ng 100 years more, you will not be surprise to see
people around with masks. Nakamaskara na lahat
so din a mag-matter kung pangit ka o maganda pati
yung mga make-up.
SECTION 27. Prohibited Acts.
a) Discharging, depositing or causing to be
deposited material of any kind directly or
indirectly into the water bodies or along the
margins of any surface water, where, the same
shall be liable to be washed into such surface
water, either by tide action or by storm, floods
or otherwise, which could cause water pollution
or impede natural flow in the water body;
***This is a very motherhood statement that would
constitute discharge, anything that would constitute
deposit, and anything that is considered material-
kasali ang HUMAN WASTE. Yung sa Bankerohan,
yung home along the river. Dumidiretso sa river
tapos kinankain ng janitor fish tapos hinuhuli ng
tao. You know in Manila, yung isang dinadaanan
naming doon along the river, ang daming taong
nag-fifishing, tapos sabi ko anong hinuhuli nila sabi
ng kausap ko, janitor fish sabi ko diba sa aquarium
lang yan. Tapos tanong ko ulit, anong ginagawa
nila diyan? Ginagawa raw na pulutan. So kinakain
nap ala ang mga Janitor fish ngayon sabi pa nga
nila, sa mga palainum daw yan daw ang masarap
na pulutan. So any discharge, so if you discharge
you are already violating Sec. 27.Directly or
indirectly, direst o ano ba (?)into the water bodies
or along the margins of any surface water.
b) Discharging, injecting or allowing to seep
into the soil or sub-soil any substance in any
form that would pollute groundwater. In the
case of geothermal projects, and subject to the
approval of the Department, regulated
discharge for short- term activities (e.g. well
testing, flushing, commissioning, venting) and
deep re-injection of geothermal liquids may be
allowed: Provided, That safety measures are
adopted to prevent the contamination of the
groundwater;
***Biro niyo huh,di man lang sinabing knowingly,
intentionally, walang sinasabi so like if you own a
house in a subdivision along Dumoy, yang Dumoy
ay part na ng aquifer, an aquifer is a source of
water like the ones owned by DCWD then you have
a septic tank but youre septic tank is not well-
constructed the water from the septic tank lalabas
then it will seep in into the ground water so while
you are sleeping di mo alam you are already
violating the Clean Water Act kasi you are allowing
these pollutants to seep into the ground water.
Check your septic tanks huh! Baka nakakaviolate
na kayo.
c) Operating facilities that discharge regulated
water pollutants without the valid required
permits or after the permit was revoked for any
violation of any condition therein;
***So here it is presumed that you really
intentionally violated the law when you operate
without a permit.
d) Disposal of potentially infectious medical
waste into sea water by vessels unless the
health or safety of individuals on board the
vessel is threatened by a great and imminent
peril;
***Sea water was a big issue before yung sa Subic.
Kasi isa sa mga provider sa port, yung mga
provider ito yung kumukuha sa mga waste sa
barko, nililinisan nila ang mga barko tapos itatapon
nila pero yung provider dito pagkatapos niyag kunin
yung mga basura dinala niya sa malayong part ng
dagat tapos doon niya i-tinapon tapos nahuli siya
pero mayroong underlying story doon yung nag-
sumbong is yung competing provider. So you know
the motives.
***Tignan niyo ito huh sea water, sea water. Kapag
sinabi niyong surface water it does not only
covered rivers but it also covers oceans within our
territorial jurisdiction, sea kasama ang sea waters.
***Actually kung ano yung mga prohibition dito, if
you look at the Marine Pollution Decree halos
pareho lang ng mga violation though yung nasa
MPD is more specific sa sea water.
e) Unauthorized transport or dumping into sea
waters of sewage sludge or solid waste as
defined under Republic Act No.9003;
f) Transport, dumping or discharge of
prohibited chemicals, substances or pollutants
listed under Republic Act No.6969;
g) Operate facilities that discharge or allow to
seep, willfully or through gross negligence,
prohibited chemicals, substances or pollutants
listed under R. A. No. 6969 into water bodies or
wherein the same shall be liable to be washed
into such surface, ground, coastal, and marine
water;
h) Undertaking activities or development and
expansion of projects, or operating
wastewater/sewerage facilities in violation of
Presidential Decree. No.1586 and its
implementing rules, and regulations;
***Ano ito? Yung EIS system.
i) Discharging regulated water pollutants
without the valid required discharge permit
pursuant to this Act or after the permit was
revoked for any violation of condition therein;
j) Non-compliance of the LGU with the Water
Quality Framework and Management Area
Action Plan. In such a case, sanctions shall be
imposed on the local government officials
concerned;
k) Refusal to allow entry, inspection and
monitoring by the Department in accordance
with this Act;
l) Refusal to allow access by the Department to
relevant reports and records in accordance with
this Act;
m) Refusal or failure to submit reports
whenever required by the Department in
accordance with this Act;
***klm-These would also constitute prohibitive acts.
n) Refusal or failure to designate pollution
control officers whenever required by, the
Department in accordance with this Act; and
***PCOs ang tawag so lahat ng mga companies
ngayon are required to employ an PCO or if that
employees are connected with the firm he has to be
designated as a PCO. Alam niyo malaking source
of income I would also say if theres income theres
also corruption dito sa Davao City you would ask
saan napupunta yung pera? Because there is an
organization usually naka-attach sa DENR then
sila yung usually nag-conconduct ng mga seminars
on regulations about the environmental
management, pollution control, new memoranda
from DENR kagaya ng MCLE because di ka
puwedeng maging PCO if you are not accredited by
DENR so dapat ka munang mag-seminar. I think 3
to 5 thousand peso every 4 months and if you think
maraming PCOs so saan kaya napupunta ang pera
di nila masagot yan.
o) Directly using booster pumps in the
distribution system or tampering with the water
supply in such a way as to alter or impair the
water quality.
***Bawal yung booster kasi kawawa naman yung
kapitbahay mo kung gagamitan mo ng booster
pump ang linya ng tubig.
***Talking about corruption, sabi nila without any
offense which is the correct statement, half of the
congressmen in the congress are like crocodiles or
half of them are not crocodiles. Alin ang tamang
statement doon? It is like saying is the glass of
water half full or half empty. I will say, not all of
them are not crocodiles kasi marami naming mga
mababait.
SECTION 28. Fines, Damages and Penalties. -
Unless otherwise provided herein, any person
who commits any of the prohibited acts
provided in the immediately preceding section
or violates any of the provision of this Act or its
implementing rules and regulations, shall be
fined by the Secretary, upon the
recommendation of the PAB in the amount of
not less than Ten thousand pesos (P10,000.00)
nor more than Two hundred thousand pesos
(P200,000.00) for every day of violation.
***Kayang-kaya yang bayaran ng mga multi-
national companies. They would rather pay the
fines than to maintain a water sewage facility. It
would take millions of dollar to put up then to
operate that facility than to pay the fine so it does
not deter the provision of the violation (?).
That the Secretary, upon recommendation of
the PAB may order the closure, suspension of
development or construction, or cessation of
operations or, where appropriate disconnection
of water supply, until such time that proper
environmental safeguards are put in place
and/or compliance with this Act or its rules and
regulations are undertaken. This paragraph
shall be without prejudice to the issuance of an
ex parte order for such closure, suspension of
development or construction, or cessation of
operations during the pendency of the case.
***Ano yung PAB? Pollution Adjudication Board, it
is an adjunct of DENR under the office of the
Secretary.
***There are 2 instances where the PAB can issue
the cease and desist order. Ano yunn? 1. When the
effluents exceed the standards of the law and 2. If
theres an imminent danger to persons, property or
animals the PAB can immediately issue CDO.
Failure to undertake clean-up operations,
willfully, or through gross negligence, shall be
punished by imprisonment of not less than two
(2) years and not more than four (4) years and a
fine not less than Fifty thousand pesos
(P50,000.00) and not more than One hundred
thousand pesos (P100,000.00) per day for each
day of violation. Such failure or refusal which
results in serious injury or loss of life and/or
irreversible water contamination of surface,
ground, coastal and marine water shall be
punished with imprisonment of not less than
six (6) years and one day and not more than
twelve (12) years, and a fine of Five Hundred
Thousand Pesos (P500,000.00) per day for each
day during which the omission and/or
contamination continues.
***Failure to undertake clean-up operations- so
what does this imply? So if theres an oil spill, you
are not held criminally liable unless you
intentionally fail to undertake clean-up operations.
***So anong ibig sabihin ng gross violation?
a) deliberate discharge of toxic pollutants
identified pursuant to Republic Act No.6969 in
toxic amounts;
b) five {5) or more violations within a period of
two (2) years; (So it encourages repetition) or
c) blatant disregard of the orders of the PAB,
such as the non-payment of fines, breaking of
seals or operating despite the existence of an
order for closure, discontinuance or cessation
of operation.
***Eto yung kanyang penalty kasi pangmalakihan
na ito. In which case, offenders shall be
punished with a fine of not less than Five
hundred thousand pesos (P500,000.00) but not
more than Three million pesos (P3,000,000.00}
per day for each day of violation or
imprisonment of not less than six {6) years but
not more than ten {10) years, or both, at the
discretion of the court.
If the offender is a juridical person, the
president, manager and the pollution control
officer or the official in charge of the operation
shall suffer the penalty herein provided.
SECTION 29. Administrative Sanctions Against
Non-compliance with the Water Quality
Management Area Action Plan. - Local
government officials concerned shall be subject
to Administrative sanctions incase of failure to
comply with their action plan accordance with
the relevant provisions of R.A. No. 7160.
***Who is interested in this?
SECTION 36. Effectivity. - This Act shall take
effect fifteen (15) days from the date of its
publication in the Official Gazette or in at least
two (2) newspapers of general circulation.













(Ang sabi ni Sir PD 976 sa kanyang lecture pero
iba ang PD 976 kasi it talks about soil
management pero kapag tinignan niyo ang PD
979 mostly sa mga diniscuss niya ay galing sa
PD 979.)

PD 979: PROVIDING FOR THE REVISION OF
PRESIDENTIAL DECREE NO. 600 GOVERNING
MARINE POLLUTION

This Decree shall be known as the Marine
Pollution Decree of 1976.


***What is the policy of the state? To prevent and
control the pollution of seas by the dumping of
wastes and other matter which create hazards
to human health, harm living resources and
marine life, damage amenities, or interfere with
the legitimate uses of the sea within the
territorial jurisdiction of the Philippines.

***So at first glance, you can always see that
Marine Pollution Decree covers seas but it also
covers fresh waters like the navigable rivers.

***Definition of terms:
a. "Discharge" includes, but is not limited
to, any spilling, leaking, pumping,
pouring, emitting, emptying or dumping
but does not include discharge of
effluents from industrial or
manufacturing establishments, or mill of
any kind.
***It does not include discharge of effluents
from industrial or manufacturing
establishments, or mill of any kind kasi covered
na ito ng Clean Water Act. Yung mga effluents
being discharged by the factories

b. "Dumping" means any deliberate
disposal at sea and into navigable
waters (***Ano yung ibig sabihin ng
navbigable waters? These includes yung
mga navigable rivers) of wastes or other
matter from vessels, aircraft, platforms
or other man-made structures at sea,
including the disposal of wastes or other
matter directly arising from or related to
the exploration, exploitation and
associated off-shore processing of sea
bed mineral resources unless the same
is permitted and/or regulated under this
decree: Provided, That it does not mean
a disposition of any effluent from any
outfall structure to the extent that such
disposition is regulated under the
provisions of Republic Act Numbered
Three Thousand Nine Hundred Thirty-
One, nor does it mean a routine
discharge of effluent or other matter
incidental to the propulsion of, or
derived from the normal operations of
vessels, aircraft, platforms or other man-
made structures at sea and their
equipment.

c. "Oil" means oil of any kind or in any
form including, but not limited to,
petroleum, fuel oil, (***The term fuel oil in
other countries they refer as diesel oil )
sludge, oil refuse, and oil mixed with
wastes other than dredge spoil.

d. "Navigable Waters" means the waters
of the Philippines, including the
territorial sea and inland waters which
are presently, or be in the future
susceptible for use by watercraft.
***Territorial sea nasa labas ng teritoryo
natin and inland waters yung nasa pagitan
ng mga isla kasali yan which which are
presently, or be in the future susceptible for
use by watercraft-so ginagamit na o
puwedeng gamitin sa future.

e. "Vessel" means every description of
watercraft, or other artificial contrivance
used, or capable of being used, as a
means of transportation on water.

f. "Person" includes any being, natural
or juridical, susceptible of rights and
obligations or of being the subject of
legal relations.

g. "Refuse" means garbage, waste, wood
residues, sand, lime cinders ashes, offal,
nightsoil, tar, dye staffs, acids,
chemicals and substances other than
sewage and industrial wastes that may
cause pollution.
***Even though it is all embracing except
industrial waste and sewage it is covered by
other law.
***What are the prohibited acts?
a. discharge, dump or suffer, permit the
discharge of oil, noxious gaseous
and liquid substances and other
harmful substances from or out of
any ship, vessel, barge, or any other
floating craft, or other man-made
structures at sea, by any method,
means or manner, into or upon the
territorial and inland navigable
waters of the Philippines;
b. throw, discharge or deposit, dump, or
cause suffer or procure to be thrown,
discharged, or deposited either from
or out of any ship, barge, or other
floating craft of vessel of any kind, or
from the shore (***So nagtapon ka
diyan sa shoreline, you have violated
the Marine Pollution Decree), wharf,
manufacturing
establishment(***Except yung
effluents), or mill of any kind, any
refuse matter of any kind or
description whatever other than that
flowing from streets and sewers and
passing therefrom in a liquid state
into tributary of any navigable water
from which the same shall float or be
washed into such navigable water;
and
***So again it gives us the impression that it
covers also itong mga privitaries (?) Saan
lalabas ba yung mga privitaries? Sa sea or
sa river or any bodies of water.
c. deposit or cause, suffer or procure to
be deposited material of any kind in
any place on the bank of any
navigable water or on the bank of any
tributary of any navigable water,
where the same shall be liable to be
washed into such navigable water,
either by ordinary or high tides, or by
storms or floods, or otherwise,
whereby navigation shall or may be
impeded or obstructed or increased
the level of pollution of such water.
***Kahit anong itapon provided that kapag
naghihigh tide nawawash-out away sa
shore so have violated the law.
***So what are the exceptions? Except in cases of
emergency imperilling life or property, or
unavoidable accident, collision, or stranding or
in any cases which constitute danger to human
life or property or a real threat to
vessels(***There is a term there, what is that?
Jettison- you can throw away things to the sea. Do
you think this would violate the law?) , aircraft,
platforms, or other man-made structure, or if
damping appears to be the only way of averting
the threat and if there is probability that the
damage consequent upon such dumping will be
lees than would otherwise occur, and except as
otherwise permitted by regulations prescribed
by the National Pollution Control Commission
or the Philippine Coast Guard.
***Penalties for violations-Fine -200 to 10 thousand
pesos. Imprisonment- by imprisonment of not less
than thirty days nor more than one year or both
such fine and imprisonment, for each offense,
without prejudice to the civil liability of the offender
in accordance with existing laws. For vessels
pareho lang, in addition clearance of such vessel
from the port of the Philippines may be withheld
until the fine is paid.






































THREE CASES
***These are very important cases.
First, PAB vs Court of Appeals and Solar Textile
Finishing Corporation.
***This is an old case but it is still okay.
Facts: In 1988 PAB (Pollution Adjudication
Board, a office adjunct to DENR under the office
of the Secretary) issued an ex parte Order
(***Alam niyo naman yang ex parte? FOR ITS
OWN without a hearing) directing Solar
immediately to cease and desist from utilizing
its wastewater pollution source installations
which were discharging untreated wastewater
directly into a canal leading to the adjacent
Tullahan-Tinejeros River. (***I remember I told
you before that most of the factories have waste
water treatment facility but it is very high
maintenance so ang ginawagawa nila is for the
purposes of showing it to the DENR whenever
DENR conducts an inspection, pinapaandar nila
yan para sabihing nagcocomply sila pero kapag
natapos na ang inspection wala na.) The basis for
the issuance of the CDO were the inspections I
guess there were two inspections conducted by
DENR and accordingly the waste water facility
was not operating and the combined
wastewater generated from its operation was
about 30 gallons per minute and 80% of the
wastewater was being directly discharged into a
drainage canal leading to the Tullahan-
Tinejeros River by means of a by-pass and the
remaining 20% was channelled into the plant's
existing Wastewater Treatment Plant (WTP).
(***Biro niyo 20% lang pero sira pa talaga)
The remaining 20% of the wastewater was being
channeled through Solar's non-operational
wastewater treatment plant. Chemical analysis
of samples of Solar's effluents showed the
presence of pollutants on a level in excess of
what was permissible under P.D. No. 984 and its
Implementing Regulations. ***So merong
standards but the effluents or discharge coming
from the factory exceeds the standards. So PAB
issued a CDO.

According to PAB under P.D. No. 984, Section
7(a), it has legal authority to issue ex
parte orders to suspend the operations of an
establishment when there is prima
facie evidence that such establishment is
discharging effluents or wastewater, the
pollution level of which exceeds the maximum
permissible standards set by the NPCC (now,
the Board). (***So wala na yang NPCC yan na
ngayon yang PAB) Petitioner Board contends
that the reports before it concerning the effluent
discharges of Solar into the Tullahan-Tinejeros
River provided prima facie evidence of violation
by Solar of Section 5 of the 1982 Effluent Code.
***So sabi ng PAB yun palang that is an eveidence
itself that they have violate the standards for PAB
to issue a CDO on the other hand Solar said that
under the Board's own rules and regulations,
an ex parte order may issue only if the effluents
discharged pose an "immediate threat to life,
public health, safety or welfare, or to animal and
plant life." In the instant case, according to
Solar, the inspection reports before the Board
made no finding that Solar's wastewater
discharged posed such a threat. ***In other
words Solar says that PAB should prove that there
is an immediate threat to immediate threat to life,
public health, safety or welfare, or to animal and
plant life. But since there is no proof of such the
PAB cannot issue a CDO ex parte.

Ruling: Sabi ng Supreme Court under Section 7(a)
of P.D. No. 984, an ex parte cease and desist
order may be issued by the Board (a) whenever
the wastes discharged by an establishment
pose an "immediate threat to life, public health,
safety or welfare, or to animal or plant life," or
(b) whenever such discharges or wastes exceed
"the allowable standards set by the [NPCC]."
Sabi ng SC it is not essential that the Board
prove that an "immediate threat to life, public
health, safety or welfare, or to animal or plant
life" exists before an ex parte cease and desist
order may be issued. It is enough if the Board
finds that the wastes discharged do exceed
"the allowable standards set by the [NPCC].
***So if you exceed the allowable standards set by
law that is enough basis to issue a CDO. So eto
naman, Where, however, the effluents or
discharges have not yet been the subject matter
of allowable standards set by the Commission,
then the Board may act on an ex parte basis
when it finds at least prima facie proof that the
wastewater or material involved presents an
"immediate threat to life, public health, safety or
welfare or to animal or plant life." Since the
applicable standards set by the Commission
existing at any given time may well not cover
every possible or imaginable kind of effluent or
waste discharge, the general standard of an
"immediate threat to life, public health, safety or
welfare, or to animal and plant life" remains
necessary. ***So walang standards gamitin niyo
lang yung ordinary prudence xxx then you can
issue a CDO.

***So the next case, Mead vs Argel, this is also a
very interesting case. Now if you are found to
violate an environmental law, does the fiscal has
the jurisdiction to file an action against you?
***So yung kanyang kaso is for the violation of RA
3931(Pollution Control Law). The information
states, willfully, unlawfully and feloniously drain
or otherwise dispose into the highway canal
and/or cause, permit, suffer to be drained or
allow to seep into such waterway the industrial
and other waste matters discharged due to the
operation of the said Insular Oil Refinery Co. so
managed and operated by them, thereby
causing pollution of such waterway with the
resulting damage and/or destruction to the
living plants in the vicinity and providing hazard
to health and property in the same vicinity.
***Yun yung finile ng fiscal kasi theres a probable
cause for the violation of the said law.
***Sabi ng SC the definition of the term
"pollution" in itself connotes that the
determination of its existence requires
specialized knowledge of technical and
scientific matters which are not ordinarily
within the competence of Fiscals or of those
sitting in a court of justice. ***Sino ang
magsasabing pollution na yan? Sino ang
nagca-cause ng pollution, ang sabi ng SC
before maghain ng kaso there must be first a
determination of competent authorities or by
experts that such discharge causes pollution or
resulted into pollution but who can say that?
Sabin g SC- It is our considered view that the
Provincial Fiscal of Rizal lacked the authority to
file the information charging the petitioner with
a violation of the provisions of Republic Act No.
3931 there being no prior finding(***There is a
need for a prior finding) or determination by the
Commission that the act of the petitioner had
caused pollution in any water or atmospheric
air of the Philippines. ***This is a ---parang
kasama ang decision na ito yung such certain
pollution na hindi mo alam kung ano yung
dinidischarge, what if yung makikita mo yung oil
sludge or oil spill, do you still have to go NPCC or
PAB? To determine the existence of the pollution.
Lalo ng yung oil spill- Eh namatay na yung mga
corals, yung mga animals, yung mga kahoy like the
Guimaras oil spill. So it means that you cant file
directly before the fiscals office then the fiscal will
file a complaint without a prior determination that
theres pollution prior to the filing. Mahirap itong
kasong ito, what is the effect therefore if we follow
this pronouncement of SC of filing without prior
determination of the existence of such pollution-the
case is premature it will result to the dismissal the
case. Moreover, it is not to be understood,
however, that a fiscal or public prosecutor may
not file an information for a violation of the said
law at all. He may do so if the Commission had
made a finding or determination that the law or
any of its orders had been violated. In the
criminal case presently considered, there had
been no prior determination by the Commission
that the supposed acts of the petitioner had
caused pollution to any water of the
Philippines. The filing of the information for the
violation of Section 9 of the law is, therefore,
premature and unauthorized. Concommittantly,
the respondent Judge is without jurisdiction to
take cognizance of the offense charged therein.
***That is the pronouncement of the SC.
***So the next case, Technology Developers Inc.
vs Court of Appeals. This is also a very nice
case.
The authority of the local executive to protect
the community from pollution is the center of
this controversy.
The Petitioner, a domestic private corporation
engaged in the manufacture and export of
charcoal briquette, received a letter dated
February 16, 1989 from private respondent
acting mayor Pablo N. Cruz, ordering to cease
from operating sa Bulacan pala ito until further
notice. The letter likewise requested Plant
Manager Mr. Armando Manese to bring with him
to the office of the mayor on February 20, 1989
the following: a) Building permit; b) Mayor's
permit; c) Region III-Pollution of Environment
and Natural Resources Anti-Pollution Permit;
and of other document. ***Kasi yung kanilang
planta maraming nagrereklamo.So isinumbong
then pinuntahan tapos na-confirm nila then they
ordered for the cessation kasi ang sabi rin ng
mayor wala akong matandaang nag-issue ako
mayors permit para diyan.
At the requested conference on February 20,
1989, petitioner, through its representative,
undertook to comply with respondent's request
for the production of the required documents.
In compliance with said undertaking, petitioner
commenced to secure "Region III-Department
of Environmental and Natural Resources Anti-
Pollution Permit," although among the permits
previously secured prior to the operation of
petitioner's plant was a "Temporary Permit to
Operate Air Pollution Installation" issued by the
then National Pollution Control Commission
(now Environmental Management Bureau)
(***Pero nag-expire na yan)and is now at a stage
where the Environmental Management Bureau
is trying to determine the correct kind of anti-
pollution devise to be installed as part of
petitioner's request for the renewal of its permit.
Petitioner's attention having been called to its
lack of mayor's permit, it sent its
representatives to the office of the mayor to
secure the same but were not entertained.
***Ang nangyari sa Artica Sports dome when the
construction started, it started without complying
the EIS system then it came up such time when a
case was filed against the city mayor and other
individuals. Ako kasi yung counsel ni Mayor ang
sabi ko we should file for a CNC kasi di naman
kasali ang mga LGUs diyan eh but tinanggihan ng
DENR so nag-file kami ng case then umabot na sa
SC after many pleadings the SC finally decided that
kasali ang mga LGUs. Pero hindi na kailangang
kumuha ng ECC for the said project kasi di naman
siya environmentally critical project at hindi siya
ginawa in an environmentally critical area pero
sadly hindi siya itinuloy. xxxxxxxxxxxxx
On April 6, 1989, without previous and
reasonable notice upon petitioner, respondent
acting mayor ordered the Municipality's station
commander to padlock the premises of
petitioner's plant, thus effectively causing the
stoppage of its operation.
Left with no recourse, petitioner instituted an
action for certiorari, prohibition, mandamus
with preliminary injunction against private
respondent with the court a quo which is
presided by the respondent judge. In its prayer
for the issuance of a writ of preliminary
mandatory injunction, it alleged therein that the
closure order was issued in grave abuse of
discretion. The respondent judge, April 19,
1989, found that petitioner is entitled to the
issuance of the writ of preliminary mandatory
injunction. But after re-assessing the evidences
the lower court, on June 14, 1989, issued an
order (a) setting aside the order dated April 28,
1989, which granted a Writ of Preliminary
Mandatory Injunction, and (b) dissolving the
writ consequently issued.
A motion for reconsideration dated July 6, 1989
was filed by petitioner. Said motion drew an
opposition dated July 19, 1989 from private
respondent. But the CA affirmed the decision of
the LC.
Hence this petition, the petition is devoid of
merit because of these reasons among others,
***So itong dalawang reason ang pinakamabigat
pero meron pa talagang iba:
1. No mayor's permit had been secured. While it
is true that the matter of determining whether
there is a pollution of the environment that
requires control if not prohibition of the
operation of a business is essentially
addressed to the then National Pollution
Control Commission of the Ministry of Human
Settlements, now the Environmental
Management Bureau of the Department of
Environment and Natural Resources, it must be
recognized that the mayor of a town has as
much responsibility to protect its inhabitants
from pollution, and by virtue of his police
power, he may deny the application for a permit
to operate a business or otherwise close the
same unless appropriate measures are taken to
control and/or avoid injury to the health of the
residents of the community from the emissions
in the operation of the business (***So hindi mo
puwedeng sabihin that mayor you cant do that kasi
walang prior dtermination kasi sabi ng SC the
mayor of a town has as much responsibility to
protect its inhabitants from pollution, and by virtue
of his police power, he may deny the application for
a permit to operate a business or otherwise close
the same unless appropriate measures are taken to
control and/or avoid injury to the health of the
residents of the community from the emissions in
the operation of the business).
***So if theres pollution in your area kung gusto
niyong magreklamo you can go directly to your
mayor then isumbong niyo. Paano kung merong
Mayors permit? Puwede naman yang i-suspend or
ipa-close kasi nga all forms of pollution is
considered as nuisance which can be abated
judicially or extra-judicially.
2. The Acting Mayor, in a letter of February 16,
1989, called the attention of petitioner to the
pollution emitted by the fumes of its plant
whose offensive odor "not only pollute the air
in the locality but also affect the health of the
residents in the area," so that petitioner was
ordered to stop its operation until further orders
and it was required to bring the following:
(1) Building permit;
(2) Mayor's permit; and
(3) Region III-Department of Environment and
Natural Resources Anti-Pollution permit.
The petitioner takes note of the plea of
petitioner focusing on its huge investment in
this dollar-earning industry. ***Sabin g SC we
are aware of that- It must be stressed however,
that concomitant with the need to promote
investment and contribute to the growth of the
economy is the equally essential imperative of
protecting the health, nay the very lives of the
people, from the deleterious effect of the
pollution of the environment. ***So hindi na yung
importante ang investment kasi mas importante
ang buhay ng mga tao.