PHILIPPINES

BY RACHEL SHAPIRO
Population: 97,976,603 (2009)
Land Area: 300,000 km
Principal Environmental Problems:
oMarine resources are heavily stressed by over-fishing and pollution.
oDeforestation: Urbanization, illegal logging, and forest fires are rapidly depleting Philippine
forestlands and grasslands.
oWater Pollution: agricultural runoff and discharge of domestic and industrial wastewater in the form
of raw sewage, detergents, fertilizer, heavy metals, chemical products and oils have caused severe
water pollution.
oAir Pollution: air pollution levels in Metro Manila and other cities exceed national air quality
standards.
oWaste Management: 90% of sewage is neither treated nor disposed of in an environmentally prudent
manner. Less than 10% of the countrys total population is connected to sewers.
Ranking on 2008 Environmental Performance Index: 61st

Principal Environmental Laws: There are five types of environmental laws: (1) congressional statutes; (2)
presidential decrees; (3) executive orders; (4) administrative orders; and (5) ordinances. Below are several
major Philippine environmental laws:
oPresidential Decree No. 1151, creating an environmental impact statement system. Issued by
President Marcos in 1977.
oNational Integrated Protected Areas System Act (Rep. Act No. 7586 (1992)), establishing
national parks to protect native plants and animals. Congress passed the Act in 1992.
oPresidential Decree No. 705, issued in 1975 to control use of forest land consistent with the
countrys development goals and the public welfare.
oComprehensive Agrarian Reform Law, signed into law in 1988 by President Aquino. The
purpose of the law is to redistribute the countrys agricultural lands.
oWildlife Resources Conservation and Protection Act (Rep. Act No. 9147 (2001)) passed by
Congress in 2000 to protect wildlife species and their habitats, to regulate wildlife trade, and
encourage scientific research on biodiversity.
oPhilippine Mining Act of 1955 (Rep. Act No. 7942 (1955)).
oFertilizer and Pesticide Authority (FPA), created under Presidential Decree No. 1144 in 1977.
oToxic Substances and Hazardous Wastes Control Act (Rep. Act No. 6969) was signed into law
by Congress in 1990 to regulate the importation, manufacture, processing, handling, storage,
transportation, sale, use and disposal of chemical substances.
oDepartment of Energy Act of 1992 (Rep. Act No. 7638 (1992)), created the Department of
Energy, and charged it with achieving the countrys goals of self-reliance and increased
productivity without sacrificing ecological concerns.
oPhilippine Clean Air Act of 1999 (Rep. Act No. 8749). Among other things, the Act charges
DENR with developing an Air Quality Control Action Plan, designating ambient air quality
standards in coordination with other concerned agencies to protect public health, safety, and
general welfare, and issuing or denying permits.

oPhilippine Clean Water Act of 2004 (Rep. Act No. 9275 (2004)) charges DENR with water
quality management of all water national water bodies.
oPhilippine Fisheries Code of 1998 (Rep. Act No. 8550 (1998)).
oEcological Solid Waste Management Act of 2000 (Rep. Act No. 9003 (2000).

Constitution: The Philippines has re-written its Constitution three times over the last millennium with the
most recent constitution coming into effect in 1987. Below are the significant environmental provisions of that
Constitution.
Article II, Section 16 of the 1987 Constitution declares that [t]he 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.
Article II, Section 15 provides that the State shall protect and promote the right to health of the people
and instill health conscious among them.
Article XII, Sections 1-6 entitled National Economy and Patrimony provides for the efficient use and
state ownership of natural resources.
Principal Environmental Agencies:
oDepartment of Environment and Natural Resources (DENR): is the primary government
agency responsible for the environment. The agency was created by Executive Order (EO) No.
192, and is headed by a secretary who is a member of the presidents cabinet. DENR is
comprised of several bureaus that, collectively, promulgate and enforce rules and regulations
for: (1) the control of water, air and land pollution; (2) ambient and effluent standards for water
and air quality, and (3) the conservation of the countrys genetic resources, biological diversity
and endangered habitats.
oDepartment of Agriculture: also plays a part in regulating certain environmental acts (e.g.,
Phillipine Fisheries Code of 1998).
International Environmental Treaties:
o1972: Stockholm Declaration of the United Nations Conference on the Human
Environment (U.N. Doc. A/Conf.48/14/Rev.1(1973); 11 ILM 1416 (1972)).
o1973: Convention on International Trade in Endangered Species of Wild Flora and Fauna (27
U.S.T. 1087, 993 U.N.T.S. 243; 12 I.L.M. 1085 (1973)).
o1987: Vienna Convention on the Protection of the Ozone Layer (TIAS No. 11,097; 1513 UNTS
323; 26 ILM 1529 (1987)).
o1987: Montreal Protocol on Substances that Deplete the Ozone Layer (S. Treaty Doc. No 10,
100th Cong., 1st Sess. 1; 26 ILM 1550 (1987)).
o1989: Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and
their Disposal(1673 UNTS 126; 28 ILM 657 (1989)).
o1992: Rio de Janeiro Declaration on Environment and Development (Agenda 21) (U.N. GAOR,
46th Sess., Agenda Item 21, UN Doc A/Conf.151/26 (1992)).
o1992: United Nations Framework Convention on Climate Change (1771 UNTS 107; S. Treaty
Doc No. 102-38; U.N. Doc. A/AC.237/18 (Part II)/Add.1; 31 ILM 849 (1992)).

o1998: Kyoto Protocol to Global Climate Change Convention (UN Doc FCCC/CP/1997/7/Add.1,
Dec. 10, 1997; 37 ILM 22 (1998)).
o2001: Stockholm Convention on Persistent Organic Pollutants (140 ILM 532 (2001)).

Energy Situation: The Philippines has limited oil and natural gas resources. It thus imports most of its energy
needs. To achieve self-sufficiency, it aims to increase oil and gas reserves by around 20% and to reduce coal
imports by 20%. Oil consumption, at 53%, accounted for the majority of the Philippines final energy
consumption mix in 2005, followed by coal at 19%. Renewable energy sources comprised 15% of
consumption, followed by natural gas and hydroelectric consumption at 7% and 6%, respectively.
Protected Areas:
Mt. Isarog: the regions second highest volcano
Mt. Iglit-Baco, Mindoro
Palanan Wilderness, Northeast Luzon: 200,000 ha. of prime virgin forest
Mount Guiting-Guiting, Romblon: mountain with rare species
El Nido Marine Reserve, Palawan
Coron Island, Palawan
Mt. Pulag, Mountain Province
Mt. Mayon, Albay: volcano known for its frequent eruptions
Bulusan Volcano, Sorsogon: sleeping volcano
Turtle Islands: group of small islands named Boan, Lihiman, Langaan, Great Bakkungan, Taganak and
Baguan
Twin Lakes, Southern Negros
Mount Kanlaon, Negros
Mt. Apo National Park, Mindanao: dormant volcano
Mount Arayat, Central Luzon: sleeping volcano
Sohoton Natural Bridge, Samar
Apo Reef, Occidental Mindoro
Lake Mahagnao, Leyte
Lake Danao, Western Leyte
St. Paul Subterranean, Palawan
Citizen Suit Provisions:
oCase law:
oIn Oposa v. Factoran, 224 SCRA 792 (1993), the Philippine Supreme Court held that denial or
violation of the constitutional right to a balanced and healthful ecology by another gives rise
to a cause of action.
oIn statutes:
oThe Philippine Clean Air Act of 1999 contains a citizen suit pursuant to which any citizen may
file an appropriate civil, criminal or administrative action in the proper courts against (1) any
person who violates of fails to comply with the Act or its regulations, or (2) the Department or

other agencies with respect to orders, rules and regulations issued inconsistent with the Act.

Quotes:
oThe countrys deforestation problem has not gone unnoticed by the Philippine Supreme Court, which
once stated that the profligate waste of the countrys forest resources . . . has not only resulted in the
irreversible loss of flora and fauna peculiar to the region but has produced even more disastrous and
lasting economic and social effects. . . . While there is a desire to harness natural resources to amass
profit and to meet the countrys immediate financial requirements, the more essential need to ensure
future generations of Filipinos of their survival in a viable environment demands effective and
circumspect action from the government to check further denudation of whatever remains of the forest
lands. Nothing less is expected of the government, in view of the clear constitutional command to
maintain a balanced and healthful ecology. (Valex 393-93, citing Ysmael v. Deputy Executive Sec.,
190 SCRA 673 (1990)).
Resources for Further Information:
oBooks:
Valdez, Philippines, in Environmental Law and Enforcement in the Asia-Pacific Rim,
ed. Terri Mottershead (2002). [This is a very well organized layout of both the
Philippines legal system and its environmental law. The descriptions are detailed, yet
succinct.]
Baumgarten, Environmental Law of the Philippines, (2008) in Comparative
Environmental Law and Regulation, v. 2 (Oceana, New York). [This is a very helpful,
clear summary of Environmental laws and agencies in the Philippines.]
oJournals:
International Environment Reporter
Yearbook of International Environmental Law, Oxford University Press [Provides yearly
country and regional reports on environmental laws. Reports on the Philippines are
often, but not always included]
oWebsites and Electronic Journals:
Official Website of the Department of Environment and Natural
Resources: http://www.denr.gov.ph/
Greenpeace, South East Asia: http://www.greenpeace.org/seasia/en/
http://en.wikipedia.org/wiki/Environmental_issues_in_the_Philippines