POLLUTION CONTROL LAWS IN THE PHILIPPINES

PD 984 POLLUTION CONTROL LAW, AND FOR OTHER PURPOSES

Section 8. Prohibitions. No person shall throw, run, drain, or otherwise dispose into any of
the water, air and/or land resources of the Philippines, or cause, permit, suffer to be thrown,
run, drain, allow to seep or otherwise dispose thereto any organic or inorganic matter or
any substance in gaseous or liquid form that shall cause pollution thereof.
No person shall perform any of the following activities without first securing a permit from
the Commission for the discharge of all industrial wastes and other wastes which could
cause pollution:
PROHIBITED ACTS:
1. the construction, installation, modification or operation of any sewage works or any
extension or addition thereto;
2. the increase in volume or strength of any wastes in excess of the permissive discharge
specified under any existing permit;
3. the construction, installation or operation of any industrial or commercial establishments
or any extension or modification thereof or addition thereto, the operation of which would
cause an increase in the discharge of waste directly into the water, air and/or land resources
of the Philippines or would otherwise alter their physical, chemical or biological properties
in any manner not already lawfully authorized.

Section 9. Penalties. (a) Any person found violating or failing to comply with any order, decision
or regulation of the Commission for the control or abatement of pollution shall pay a fine not
exceeding five thousand pesos per day for every day during which such violation or default
continues; and the Commission is hereby authorized and empowered to impose the fine after due
notice and hearing.
The fines so imposed shall be paid to the Government of the Philippines through the Commission,
and failure to pay the fine in any case within the time specified in the above-mentioned Order or
Decision shall be sufficient ground for the Commission to order the closure or the stoppage in the
operation of the establishment being operated and/or managed by said person or persons until
payment of the fines shall have been made. The Commission shall have the power and authority to
issue corresponding writs of execution directing the City or Provincial Sheriff or other peace
officers whom it may appoint to enforce the fine or the order of closure or stoppage of operations.

Payment of fines may also be enforced by appropriate action in a court of competent jurisdiction.
The remedies provided in this sub-section shall not be a bar to nor shall affect any other remedies
provided for in this Decree but shall be cumulative and additional to such remedies.

(b) Any person who shall violate any of the provisions of Section Eight of this Decree or its
implementing rules and regulations, or any Order or Decision of the Commission, shall be liable to
a penalty of not to exceed one thousand pesos for each day during which the violation continues,
or by imprisonment of from two years to six years, or by both fine and imprisonment, and in
addition such person may be required or enjoined from continuing such violation as hereinafter
provided.
(c) Any person who shall refuse, obstruct, or hamper the entry of the duly authorized
representatives of the Commission into any property of the pubic domain or private property
devoted to industrial manufacturing, processing or commercial use during reasonable hours for the
purpose of inspecting or investigating the conditions therein relating to pollution or possible or
imminent pollution, shall be liable to a fine not exceeding two hundred pesos or imprisonment of
not exceeding one month, or both.
(d) Any person who violates any of the provisions of, or fails to perform any duty imposed by this
Decree or its implementing rules and regulations or by Order or Decision of the Commission
promulgated pursuant to this Decree hereby causing the death of fish or other aquatic life, shall in
addition to the penalty above prescribed, be liable to pay the government for damages for fish or
aquatic life destroyed.
(e) In case the violator is a juridical person, the penalty shall be imposed on the managing head
responsible for the violation.
Section 10. Jurisdiction. The Commission shall have no jurisdiction over waterworks or sewage
system operated by the Metropolitan Waterworks Sewerage System, but the rules and regulations
issued by the Commission for the protection and prevention of pollution under the authority herein
granted shall supersede and prevail over any rules or regulations as may heretofore have been
issued by other government agencies or instrumentalities on the same subject.
In case of development projects involving specific human settlement sites or integrated
regional or sub- regional projects, such as the Tondo Foreshore Development Authority and
the Laguna Lake Development Authority, the Commission shall consult with the
authorities charged with the planning and execution of such projects to ensure that their
pollution control standards comply with those of the Commission. Once minimum
pollution standards are established and agreed upon, the development authorities concerned
may, by mutual agreement and prior consultation with the Commission, undertake the
pollution control activities themselves.

PD 1586 ESTABLISHING AN ENVIRONMENTAL IMPACT STATEMENT SYSTEM

INCLUDING OTHER ENVIRONMENTAL MANAGEMENT RELATED MEASURES
AND FOR OTHER PURPOSES

Section 4. Presidential Proclamation of Environmentally Critical Areas and Projects. - The

President of the Philippines may, on his own initiative or upon recommendation of the National
Environmental Protection Council, by proclamation declare certain projects, undertakings or areas
in the country as environmentally critical. 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. For the proper management of said critical project or area, the President may by his
proclamation reorganized such government offices, agencies, institutions, corporations or
instrumentalities including the realignment of government personnel, and their specific functions
and responsibilities.
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For the same purpose as above, the Ministry of Human Settlements shall:
(a) prepare the proper land or water use pattern for said critical project(s) or area(s);
(b) establish ambient environmental quality standards;
(c) develop a program of environmental enhancement or protective measures against calamitous
factors such as earthquake, floods, water erosion and others, and
(d) perform such other functions as may be directed by the
President from time to time.

Section 5. Environmentally Non-Critical Projects. - All other projects, undertakings and areas not
declared by the Presidents 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.
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 the suspension or cancellation of
his/its certificate and/or a fine in an amount not to exceed fifty thousand pesos (50,000.00) for
every violation thereof, at the discretion of the National Environmental Protection Council.

REPUBLIC ACT No. 6969 - AN ACT TO CONTROL TOXIC SUBSTANCES AND

HAZARDOUS AND NUCLEAR WASTES, PROVIDING PENALTIES FOR VIOLATIONS
THEREOF, AND FOR OTHER
PURPOSES
Section 3. Scope. - This Act shall cover the importation, manufacture, processing, handling,
storage, transportation, sale, distribution, use and disposal of all unregulated chemical
substances and mixtures in the Philippines, including the entry even in transit, as well as the
keeping or storage and disposal of hazardous and nuclear wastes into the country for whatever
purposes
Section 13. Prohibited Acts. - The following acts and omissions shall be considered unlawful:
a) Knowingly use in chemical substance or mixture which is imported, manufactured,
processed or distributed in violation of this Act or implementing rules and regulations or orders;
b) Failure or refusal to submit reports, notices or on the information, access to records as required
by this Act, or permit inspection of establishment where chemicals are manufactured, processed,
stored or otherwise held;
c) Failure or refusal to comply with the pre-manufacture and pre-importation requirements; and
d) Cause, aid or facilitate, directly or indirectly, in the storage, importation or bringing into
Philippine territory, including its maritime economic zones, even in transit, either by means of
land, air or sea transportation or otherwise keeping in storage any amount of hazardous and nuclear
wastes in any part of the Philippines.
Section 14. Criminal Offenses and Penalties. a)
(i) The penalty of imprisonment of six (6) months and one day to six (6) years and one day and a
fine ranging from Six hundred pesos (Php600.00) to Four thousand pesos (PhP4,000.00) shall be
imposed upon any person who shall violate section 13(a) to (c) of this Act and shall not be
covered by the Probation Law. If the offender is a foreigner, he or she shall be deported and
barred from any subsequent entry into the Philippines after serving his or her sentence;
(ii) In case any violation of this Act is committed by a partnership, corporation, association or any
juridical person, the partner, president, director or manager who shall consent to or shall
knowingly tolerate such violation shall be directly liable and responsible for the act of the
employees and shall be criminally liable as a co-principal;

(iii) In case the offender is a government official or employee, he or she shall, in addition to the
above penalties, be deemed automatically dismissed from office and permanently disqualified
from holding any elective or appointive position.
b)
(i)

The penalty of imprisonment of twelve (12) years and one day to twenty (20) years,
shall be imposed upon any person who shall violate section 13 (d) of this Act. If the
offender is a foreigner, he or she shall be deported and barred from any subsequent
entry into the Philippines after serving his or her sentence;

(ii)

In the case of corporations or other associations, the above penalty shall be imposed
upon the managing partner, president or chief executive in PRIME-M4 Page 7 of 8
addition to an exemplary damage of at least Five hundred thousand pesos (PhP500,000.00). If it is
a foreign firm, the director and all officers of such foreign firm shall be barred from entry into the
Philippines, in addition to the cancellation of its license to do business in the Philippines;
(iii) In case the offender is a government official or employee, he or she shall in addition to
the above penalties be deemed automatically dismissed from office and permanently
be disqualified from holding any elective or appointive position.
c) Every penalty imposed for the unlawful importation, entry, transport, manufacture, processing,
sale or distribution of chemical substances or mixtures into or within the Philippines shall carry
with it the confiscation and forfeiture in favor of the Government of the proceeds of the unlawful
act and instruments, tools or other improvements including vehicles, sea vessels and aircraft used
in or with which the offense was committed. Chemical substances so confiscated and forfeited by
the Government at its option shall be turned over to the Department of Environment
and Natural Resources for safekeeping and proper disposal.
d) The person or firm responsible or connected with the bringing or importation into the country
of hazardous or nuclear wastes shall be under obligation to transport or send back said prohibited
wastes; Any and all means of transportation, including all facilities and appurtenances that
may have been used in transporting to or in the storage in the Philippines of any significant
amount of hazardous or nuclear wastes shall at the option of the government be forfeited in its
favor.