XAVIER UNIVERSITY

COLLEGE OF LAW

A Paper on RA 6969 and Data Related to Toxic Waste Management

NATRES1A

Submitted by:
Group 3
ABADAY, Noelen JC Kristy
ABANTAS, Sharieff
BERNAL, John Leonard
BITOY, Giovanni
CABATO, Reeno
DELA CERNA, James Kenneth
GALLEGO, Jan Mar
HADJIER, Fairouza Mae
MENDOZA, Elyca Laxxie
NISTAL, June Alexander
ROSAS, Leo Angelo
UMPA, Baby Love
VELEZ, Thomas Martin

Submitted to:
Judge Jarley Sulay
 DISCUSSIONS AND RELEVANT INFORMATION ON
Republic Act No. 6969

AN ACT TO CONTROL TOXIC SUBSTANCES AND HAZARDOUS AND NUCLEAR

WASTES, PROVIDING PENALTIES FOR VIOLATIONS THEREOF, AND FOR OTHER
PURPOSES

October 26, 1990

Introduction

The first few integrations of the concepts of hazardous, toxic and

nuclear wastes, its regulation and enforcement in the Philippine laws were
through Presidential Decree No. 1152, otherwise known as the Philippine
Environmental Code. Promulgated in June 6, 1977, this 7-titled decree
aimed to codify all necessary and relevant environmental management
provisions such as air quality, water quality, land use and waste
management, and the conservation and management of natural
resources.
The “production, utilization, storage and distribution of hazardous,
toxic and other substances such as radioactive materials”1 were
pronounced to be regulated under the title of Water Quality
Management; and under the jurisdiction of the National Environmental
Council (NEPC) which was previously created through another decree –
PD No. 1121. In addition, under the Air Quality Management title,
radioactive emissions from nuclear energy facilities were to be regulated

1
Presidential Decree No. 1152 (1977), Title II, Ch. II, Sec. 19.
by the Philippine Atomic Energy Commission (PAEC) in coordination with
other government agencies2.
22 years after, the Eighth Philippine Congress enacted Republic Act
no. 6969, also known as the “Toxic Substances and Hazardous and
Nuclear Wastes Control Act of 1990”. Compared to PD 1152 which dealt
with hazardous, toxic and nuclear substances in only 2 provisional
sections, this 20-sectioned statute extensively broadened the concept
and scope of the abovementioned provisions of PD 1152. Aside from the
production, utilization, storage and distribution, RA 6969 added significant
activities such as importation, transportation, sale and disposal of
“unregulated chemical substances and mixtures”, and “hazardous and
nuclear wastes”. The statute also transferred and integrated the
jurisdiction from the Philippine Atomic Energy Commission for radioactive
emissions-related substances and the now-defunct NEPC for hazardous
and toxic substances into one Department of Environment and Natural
Resources (DENR) which was newly created at the time of RA 6969’s
enactment, through EO 192 in 1987.
The salient provisions, importance, related international protocols
and implementing issuances of RA 6969 shall be further discussed in the
subsequent chapters of this paper.

2
Id., Title I, Ch. 11, Sec. 11.
Salient Provisions

Objectives

Aside from the monitoring and regulation of various

abovementioned activities related to toxic substances, and hazardous
and nuclear wastes, one of the most remarkable augmentations of RA
6969 is the task to keep an inventory of all “chemicals that are presently
being imported, manufactured, or used”3 in the country. This shall be
further explored in the below discussion of DENR Administrative Order No.
29, Series of 1992 (DAO 1992-29) which defined the implementing rules
and regulations of RA 6969.
RA 6969 also noteworthily aimed to prevent the entry of hazardous
and nuclear wastes into the country “for whatever purpose”. Furthermore,
the importance of information dissemination and education of the
populace regarding to the activities related to toxic substances, and
hazardous and nuclear wastes was recognized through its inclusion in the
objectives.

Definition of Terms

The statute operationally defined 9 terms in relation to its other

provisions. All 9 terms, which are deemed to be vital are presented below.
The discussion on DAO 1992-92 shall present additional relevant terms
which were uniquely included in the DAO.
“Section 5. Definition. – As used in this Act:

3
Republic Act No. 6969 (1990), Sec. 4(a).
a) Chemical substance means any organic or inorganic
substance of a particular molecular identity, including:
i. Any combination of such substances occurring in whole
or in part as a result of chemical reaction or occurring in
nature; and
ii. Any element or uncombined chemical.
b) Chemical mixture means any combination of two or more
chemical substances if the combination does not occur in
nature and is not, in whole or in part, the result of a chemical
reaction, if none of the chemical substances comprising the
combination is a new chemical substance and if the
combination could have been manufactured for commercial
purposes without a chemical reaction at the time the
chemical substances comprising the combination were
combined. This shall include nonbiodegradable mixtures.
c) Process means the preparation of a chemical substance or
mixture after its manufacture for commercial distribution:
i. In the same form or physical state or in a different form or
physical state from that which it was received by the
person so preparing such substance or mixture; or
ii. As part of an article containing a chemical substance or
mixture.
d) Importation means the entry of a products or substances into
the Philippines (through the seaports or airports of entry) after
having been properly cleared through or still remaining under
customs control, the product or substance of which is
 intended for direct consumption, merchandising,
warehousing, or for further processing.
e) Manufacture means the mechanical or chemical
transformation of substances into new products whether work
is performed by power-driven machines or by hand, whether it
is done in a factory or in the worker's home, and whether the
products are sold at wholesale or retail.
f) Unreasonable risk means expected frequency of undesirable
effects or adverse responses arising from a given exposure to a
substance.
g) Hazardous substances are substances which present either:
1) short-term acute hazards, such as acute toxicity by
ingestion, inhalation or skin absorption, corrosivity or
other skin or eye contact hazards or the risk of fire or
explosion; or
2) long-term environmental hazards, including chronic
toxicity upon repeated exposure, carcinogenicity
(which may in some cases result from acute exposure
but with a long latent period), resistance to
detoxification process such as biodegradation, the
potential to pollute underground or surface waters, or
aesthetically objectionable properties such as offensive
odors.
h) Hazardous wastes are hereby defined as substances that are
without any safe commercial, industrial, agricultural or
economic usage and are shipped, transported or brought
 from the country of origin for dumping or disposal into or in
transit through any part of the territory of the Philippines.
Hazardous wastes shall also refer to by-products, side-
products, process residues, spent reaction media,
contaminated plant or equipment or other substances from
manufacturing operations, and as consumer discards of
manufacture products.
i) Nuclear wastes are hazardous wastes made radioactive by
exposure to the radiation incidental to the production or
utilization of nuclear fuels but does not include nuclear fuel, or
radioisotopes which have reached the final stage of
fabrication so as to be usable for any scientific, medical,
agricultural, commercial, or industrial purpose.”4

Function, Powers and Responsibilities of DENR

As mentioned above, the jurisdiction of implementing the provisions

of RA 6969 is now under the DENR. The aforementioned objectives of the
statutes are to be implemented by said agency. In addition to this and
other inherently relevant functions, powers and responsibilities, the
department is tasked to require the testing and evaluation of chemical
substances and other mixtures that “pose unreasonable risk or injury to
health or the environment”5 prior to its entry into or manufacturing in the
country, including those which are already being manufactured or
processed. The department also has the power to conduct inspection of

4
Id.
5
Id, Sec. 6(a).
any establishment pursuant to the monitoring and regulation of toxic
substances, and hazardous and nuclear wastes 6; and confiscate and
impound chemicals7 when deemed proper. They may also enter into
contracts and make grants for research, development, and monitoring of
chemical substances and mixtures.8

Pre-Manufacture and Pre-Importation Requirements, and Chemicals

Subject to Testing

In order to regulate the production or entry of new chemical

substances and mixtures, manufacturers and importers are required to
submit a Pre-Manufacture or Pre-Importation Notification to the
department. Said notification shall include relevant information such as
the chemical identity and molecular structure of such substances or
mixtures, the estimated amount to be manufactured or imported, how
they shall be processed and disposed, and data related to health and
environmental effects if available.9
Also, as stated in the responsibilities of DENR, substances or mixtures
that are either new to the country or are already existing are subject to
testing if there are reasons to believe that they pose significant impacts to
health or the environment. In the absence or insufficiency of relevant
data for such substances or mixtures, they shall also undergo said testing
by the department.10

6
Id, Sec. 6(f).
7
Id, Sec. 6(g).
8
Id, Sec. 6(e).
9
Id, Sec. 8.
10
Id, Sec. 9
Importance

Prior to the completion of the Bataan Nuclear Power Plant (BNPP) in

1984 under the Marcos regime, the Philippines was able to jumpstart its
nuclear energy program after the United States gave the country its first
nuclear fission reactor.11 This paved the way for the creation of PAEC
through Republic Act No. 1815 in the year 1957 and Republic Act No.
2067, otherwise known as the “Science Act of 1958”. Subsequently, in
order to “encourage, promote and assist the development and use of
atomic energy for all peaceful purposes”, Congress enacted Republic
Act No. 5207 in 1969, also known as “The Atomic Energy Regulatory and
Liability Act of 1968” which also aimed to control the “use of atomic
energy facilities and atomic energy materials”.12 Said republic act was
subsequently amended by President Marcos in 1978 through his
Presidential Decree No. 1484 after the Government “entered into
agreements for the installation, construction, development, maintenance
and use of nuclear power plants in the Philippines”. Finally, even after the
decline of interest with the BNPP during the C. Aquino administration,
research dealing with nuclear energy and materials subsisted upon the
conversion of PAEC into the current Philippine Nuclear Research Institute
(PNRI) through Executive Order No. 128. All these nuclear-related activities
in the country plus the proliferation of nuclear power plants in first-world
countries such as Japan, Russia, Canada and the U.S.13, and lastly, the

11
Teo Camacho, The Controversy of the Bataan Nuclear Power Plant, May 24, 2017,
<http://large.stanford.edu/courses/2017/ph241/camacho2/> (visited Sept. 15, 2019).
12
Republic Act No. 5207 (1968), Sec. 2, par. 2.
13
H. Jacobs, “The 17 Countries Generating the Most Nuclear Power”, Mar. 6, 2014,
<https://www.businessinsider.com/countries-generating-the-most-nuclear-energy-2014-3 > visited (Sept. 15,
2019).
practical application of nuclear technology in medicine,14 generated
and continues to generate radioactive wastes locally and abroad.
Without RA 6969, the possibilities of untoward spread of such wastes or its
unregulated entry into the country may result to dire consequences to
health and the environment.
Alongside radioactive or nuclear wastes, the medicine industry also
generates “solid and liquid wastes, such as sharps, blood, body parts,
chemicals, pharmaceuticals, [and] medical devices”.15 In addition to this,
the promotion of importation during the early 90’s and the subsequent
growth of the local manufacturing industry consequentially resulted to the
increase in by-production of hazardous wastes and toxic substances. 16 A
2001 study enumerated the hazardous waste generators by industry in the
country with Manufacturing at the top (64.5%), followed by Energy
(17.2%), and Public Administration and Defense (8.8%).17 The study also
identified the country’s top 3 generated hazardous wastes which are
inorganic chemical wastes (24.5%), alkali wastes (20.2%), and
putrescible/organic wastes (11.0%).18 In the pursuit for a “self-reliant and
independent national economy”, wastes and substances including those
of hazardous, toxic, and nuclear in nature are consequential. These are
ultimately unavoidable yet nonetheless controllable.

14
P. Bautista & T. San Luis Jr., “Nuclear Medicine in the Philippines: A Glance at the Past, a Gaze at the Present, and
a Glimpse of the Future”, 2016, < https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4938874/> visited (Sept. 15,
2019).
15
World Health Organization, “Status of health-care waste management in selected countries of the Western
Pacific Region”, 2015, p. 1.
16
JICA and DENR, “The Study on Hazardous Waste Management in the Republic of the Philippines (Phase 1), June
2001, p. 1.
17
Id, p. 30, Table 5.1.1.
18
Id, p. 31, Table 5.1.2.
International Protocol

Between 2013 to 2014, a total of 103 containers arrived in the port of

Manila which were declared to contain scrap plastics for recycling. Upon
notification by the DENR and inspection by the Bureau of Customs, it was
discovered that the containers’ actual contents were 64% “baled
municipal solid waste or garbage destined for immediate local disposal
and cannot be recycled”. This led to the 5-year long dispute between the
governments of Canada and the Philippines due to the former’s initial
rejection of taking the trash back to its borders. The issue was only
resolved by the end of May of 2019.19
On July 21, 2018, some 5,100 metric tons of trash, also erroneously
declared but this time as “plastic synthetic flakes” arrived at the
Mindanao Container Terminal via MV Affluent from South Korea. 20 With
the prompt response of the South Korean government, the wastes were
shipped back to said country in January of 2019, only about 6 months
from its arrival in the Philippines.21
These two recent instances of illegal entry of trash into the Philippines
are said to be clear violations of the Basel Conventions on the Control of
Transboundary Movements of Hazardous Wastes and their Disposal, or
simply called the Basel Convention. This convention, adopted on March
22, 1989 in Basel, Switzerland, generally aims to “protect human health

19
EcoWaste Coalition, “Timeline of Canada’s trash dumping in the Philippines”,
<https://ipen.org/sites/default/files/documents/timeline_of_canada_waste_dumping_in_philippines_30_may_20
19.pdf> visited (Sept. 17, 2019).
20
J. Mayuga, “DENR: Return of Korean toxic waste may take time”, Business Mirror, Nov. 16, 2018,
<https://businessmirror.com.ph/2018/11/16/denr-return-of-korean-toxic-waste-may-take-time/> visited (Sept.
17, 2019).
21
D. Suson, “Philippines sends back tons of trash to South Korea”, UCANews,
<https://www.ucanews.com/news/philippines-sends-back-tons-of-trash-to-south-korea/84286> visited (Sept. 17,
2019).
and the environment against the adverse effects of hazardous wastes”
through cooperation between signatory states. Based on the Basel
Convention, once an illegally transported hazardous waste takes place
between states, the responsibility is attributed to said involved states and
the Convention imposes them the duty to ensure safe disposal, either by
re-importation to the waste-generating State or otherwise.22

Salient Features of the Implementing Rules and Regulation

Construction
One of the important features of the implementing rules of RA 6969 is
its construction which is provided in Section 4 which states that, “these
[r]ules and [r]egulations shall be liberally construed to carry out the
national policy to regulate, restrict or prohibit the importation,
manufacture, processing, sale, distribution, use and disposal of chemical
substance and mixtures that present unreasonable risk and/or injury to
health or the environment; to prohibit the entry, even in transit, of
hazardous and nuclear wastes and their disposal into the Philippine
territorial limits for whatever purpose and to provide advancement and
facilitate research and studies on toxic chemicals and hazardous and
nuclear wastes.23

Definition of Terms
In addition to the definition of the technical terms from the
abovementioned law, the different key roles that the implementing
agencies will fulfil are also defined as follows:

22
Secretariat of the Basel Convention, “Overview”, 2011,
<http://www.basel.int/TheConvention/Overview/tabid/1271/Default.aspx> visited (Sept. 17, 2019).
23
Section 4, Implementing Rules and Regulations of Republic Act 6969
1) Environmental Protection Officer means and officer
appointed or deputized by the Secretary to
execute the provisions of these [r]ules and
[r]egulations subject to conditions, limitations or
restrictions as prescribed by the Secretary.
2) Inert waste means any waste that, when placed in
a landfill is reasonably expected not to undergo
any physical, chemical, and/or biological changes
to such an extent as to cause pollution or hazard to
public health and safety.
3) New Chemicals means any chemical substance
imported into or manufactured in the country after
December 31, 1993 and which are not included in
the Philippines Inventory of Chemicals and
Chemical Substances as published by the
Department.
4) Occupier is one who must have a license to
accept, produce, generate, store, treat, recycle,
reprocess, process, manufacture or dispose of
hazardous waste.
5) Waste generator means a person who generates
or produces, through any commercial, industrial or
trade activities, hazardous wastes.
6) Waste transporter means a person who is licensed
to treat, store, recycle, or dispose of hazardous
wastes.
 7) Waste treater means a person who is licensed to
treat, store, recycle, or dispose of hazardous
wastes.24
Duties and Responsibilities of an Environmental Protection Officer
As defined above, the Environmental Protection Officer are those
assigned to enforce the provisions of RA 6969. Specifically, they are tasked
to:
1) To make such examination or inquiry as is necessary to determine
whether these Rules and Regulations are being complied with
2) To enter any premises in which he reasonably believes that
chemical substance or hazardous waste are being used,
manufactured, stored, processed, reprocessed, generated, treated,
transported or disposed of and may –
a. Without payment take or require the occupier or person in
charge of the premises or person in possession of any
chemical substance to give the Environmental Protection
Officer samples of the chemical substance for examination
and testing subject to pertinent provisions of these Rules and
Regulations.
b. Require the production of any relevant documents and
inspect, examine and make copies of or extracts from them or
remove them to make a copy of extract; and
c. Take such photographs or audio or visual recordings as he
considers necessary
3) To stop, detain, inspect, examine and remove to some suitable
place for inspection and examination any vehicle or boat that he

24
Id, Section 6
 believes is being or likely to be used for the transport of chemical
substances and hazardous wastes without the necessary permit
from the Department.
4) To require a person found committing an offense under these Rules
and Regulations to state the person’s full name and address.
5) To exercise such other duties and responsibilities as may be
authorized by the Secretary.25
Notification of New Chemicals
The implementing rules also provided for a standard on how to
introduce a new chemical in the industry. As emphasized in Section 17, a
new chemical is a chemical substance which is not included in the
chemical inventory after 31 December 1993. Unless exempted, any
person who uses, stores, imports, manufacturers, transports or processes a
chemical substance after the said date shall be liable for violating the
provisions provided in the implementing rules and regulations and shall be
subject to sanctions.
Thus, in utilizing new chemical, one must obtain a permit by the
Department. The said permit shall only be granted under two conditions:
(a) the Department must be notified of the intention to do so at least one
hundred and eighty (180) days before commencing such activity; and (b)
the Department shall be provided with such information as outlined in the
IRR.
The notification must be made in accordance with a form and in a
manner prescribed by the Department and accompanied with the
payment of the prescribed fee. It is also emphasized that the Department
shall have the discretion not to include the new chemical substance in

25
Id, Section 9
the chemical inventory if the information provided to the Department
suspects that the data are of dubious quality.
Pursuant to the provision on the notification of new chemicals, a
provision on the assessment of chemicals is also provided. Section 18
states that upon notification of a new chemical substance, the
Department shall within ninety (90) days determine whether
a. To add the chemical substance to the chemical inventory;
b. To seek further information to any person for the purpose of
assessing public health and environmental risk posed by the
use, storage, manufacture, import, process or transport of
the chemical substance or;
c. To issue Chemical Control Order in accordance to Section
20 of these Rules and Regulations
The Department shall notify the applicant in writing of its decision.26
Priority Chemical List
The IRR also provided a list of priority chemical that shall be
complied and may be amended from time to time that shall be known as
the Priority Chemicals List. The Department may determine which
chemical substance from the chemical inventory should be included,
deleted, or excluded from the Priority Chemicals List. The Department may
also require information from any person for the purpose of assessing the
public and environmental risk posed by the use, storage, manufacture,
import, process or transport of the priority chemicals.27

26
Id, Section 17
27
Id, Section 19
Classification of Hazardous Waste
Section 25 states the following:
1. The classes and subcategories of wastes listed in Table 1 shall be
prescribed as hazardous waste for the purposes of these Rules
and Regulations
2. The types of wastes listed in Table 2 shall be exempted from the
requirements of these Rules and Regulations
3. The listings provided for Tables 1 and 2 are not inclusive and shall
be subject to periodic review.28

28
Id, Section 25
 Policy
Section 32 further provides that (1) It shall be the policy of the
government to prohibit the entry, even in transit, of nuclear waste
and their storage or disposal into the Philippine territorial limits for
whatever purpose, (2) The Philippine Nuclear Research Institute
(PNRI) shall be the government agency responsible for the
regulation and licensing of nuclear facilities and radioactive
materials pursuant to the provisions of R.A. 2067, the Science Act 56
of 1958, and R.A. 5207, the Atomic Energy Regulatory and Liability
Act of 1968, both as amended. Radioactive material as defined in
the laws include radioactive products or wastes.29

Data Related to RA 6969

I. Local Government Unit Mechanism on Solid Waste Management
Ecological Solid Waste Management Act: Environmental
Protection Through Proper Solid Waste Practice

29
Id, Section 32
 Introduction

Waste mismanagement has serious environmental effects

making the passage of the Republic Act (RA) 9003 or the Ecological
Solid Waste Management Act of 2000 a landmark environmental
legislation in the Philippines. The law was crafted in response to the
looming garbage problems in the country. RA 9003 declares the
policy of the state in adopting a systematic, comprehensive and
ecological solid waste management program that ensures the
protection of public health and the environment and the proper
segregation, collection, transport, storage, treatment and disposal
of solid waste through the formulation and adoption of best
environmental practices. Moreover, it illustrates the potentials and
benefits of recycling not only in addressing waste management
problems but also in alleviating poverty.

RA 9003 was passed by the Philippine Congress on December

20, 2000 and was subsequently approved by the Office of the
President on January 26, 2001. It contains seven (7) chapters sub-
divided into 66 sections setting out policy direction for an effective
solid waste management program in the country.

Ecological Solid Waste Management Act of 2000

RA 9003 describes solid waste management as a discipline

associated with the control of generation, storage, collection,
transfer and transport, processing, and disposal of solid wastes. The
manner by which these activities are conducted shall be in accord
with the best principles of public health, economics, engineering,
conservation, aesthetics, other environmental considerations, and
public attitudes. The Act provides for a comprehensive ecological
solid waste management program by creating the necessary
institutional mechanisms and incentives, appropriating funds,
declaring certain acts prohibited, and providing penalties.

Institutional Mechanism

The establishment of a National Solid Waste Management

Commission (NSWMC) and Solid Waste Management Board (SWMB)
in each local government unit (LGU) is mandated by RA 9003 to be
represented by public officials, in their ex-officio capacity, and the
private sector. The Commission shall serve as the coordinating body
and likewise develop and implement the National Solid Waste
Management Framework. The SWMB, on the other hand, is directed
to formulate a 10-year local Ecological Solid Waste Management
Plans instituting an effective and sustainable solid waste
management plan with primary emphasis on implementation of all
feasible re-use, recycling and composting programs. This is pursuant
to relevant provisions under RA 7160 or the Local Government
Code.

Comprehensive Solid Waste Management

Waste Characterization and Segregation. The solid waste

generated within the area of jurisdiction shall be characterized for
initial source reduction and recycling element of the local waste
management plan. A separate container is required for each type
of waste for on-site collection properly marked as “compostable”,
“non-recyclable”, “recyclable” or “special waste”. Waste
segregation shall primarily be conducted at the source including
household, commercial, industrial and agricultural sources.

Source Reduction. This refers to the methods by which the

LGUs can reduce a sufficient amount of solid waste disposed within
five (5) years. LGUs are expected to divert at least 25% of all solid
waste from waste disposal facilities through re-use, recycling and
composting activities. The rate of waste diversion is set to increase
every three (3) years.

Collection and Transport of Solid Waste. The geographic

subdivisions are taken into account in the coverage of the solid
waste collection area in every barangay ensuring 100% collection
efficiency within 24 hours from all sources. The plan shall define and
identify specific strategies and activities taking into account the
availability and provision of properly designed containers in selected
collection points while awaiting collection and transfer, segregation
of different types of waste, hauling and transfer of solid waste from
collection points to final disposal sites, issuance and enforcement of
ordinances for effective implementation, and provision of properly
trained officers and workers. All personnel directly dealing with
collection of solid waste must be equipped with personal protective
gears for their protection.
 Recycling Program. The Department of Trade and Industry
(DTI), in coordination with other concerned agencies, is directed to
publish an inventory of existing markets for recyclable materials,
product standards for recyclable and recycled materials, and a
proposal to stimulate demand for the production of recycled
materials and products. Moreover, a coding system for eco-labeling
is expected from DTI. Non-environmentally acceptable products
shall be allowed within one (1) year after public notice as
alternatives available to consumers but at cost not exceeding ten
(10) percent of the disposable product. The use of non-
environmentally acceptable packaging is strictly prohibited by the
Act.

LGUs are mandated to establish Materials Recovery Facility

(MRF) in each barangay or cluster of barangays designed to
receive, sort, process and store compostable and recyclable
materials efficiently. The residual wastes shall then be transferred to
a long-term storage or disposal facility or sanitary landfill. All solid
waste disposal facilities or sites in the country shall be published by
the Department of Natural Environment and Natural Resources
(DENR). No open dumps nor any practice or disposal of solid waste
that constitutes open dumps for solid waste shall be allowed. The
Act further provides for conversion of existing open dumps to
controlled dumps within three (3) years.

Composting. The Department of Agriculture (DA) shall publish

an inventory of existing markets and demands for composts that is
updated annually. These composts intended for commercial
distribution should conform to the standards set by the DA for
organic fertilizers.

Local Government Solid Waste Management

To encourage and facilitate the development of local plans,

NSWMC is mandated to publish guidelines for identification of areas
with common waste management problems and appropriate units
for clustering solid waste management services. This is to reinforce
provisions of the Local Government Code for all provinces, cities,
municipalities and barangays to consolidate or coordinate efforts,
services and resources to establish common waste treatment and
disposal facilities.

Incentive Scheme

An incentive scheme, pursuant to Omnibus Investment Code,

is provided by the Act to encourage participation of individuals,
private organizations and entities, including non-government
organizations, in developing outstanding and innovative projects,
technologies, processes and techniques or activities in re-use,
recycling and reduction. This includes 10-year tax and duty
exemption on imported capital equipment, vehicles, legacies, gifts
and donations used for collection of solid waste and tax credit
equivalent to 50% of the national internal revenue taxes and custom
duties. Non-fiscal incentives are granted to businesses and industries
engaged in recycling of waste in the form of simplified procedures
for importation of equipment, spare parts, new materials and
supplies, and for the export of processed products.

Other forms of incentives include extension of financial

services to individuals, enterprises or private entities engaged in solid
waste management and grant entitlement to outstanding LGUs.
Those LGUs who host common waste management facilities can
likewise receive incentives.

Penal Provisions

Chapter 6 provides a comprehensive list of prohibited acts

including: (1) littering, throwing, dumping of waste matters in public
places; (2) undertaking activities in violation of sanitation operation;
(3) open burning of solid waste; (4) causing non-segregated waste;
(5) squatting in open dumps and landfills; (6) open dumping, burying
of biodegradable materials in flood-prone areas; (7) unauthorized
removal of recyclable material; (8) mixing of source-separated
recyclable material with other solid waste; (9) establishment or
operation of open-dumps; (10) manufacturing, distributing, using,
and importing consumer products that are non-environmentally-
friendly materials; (11) importing toxic wastes misrepresented as
“recyclable” or “with recyclable content”; (12) transporting and
dumping in bulk in areas other than facility centers; (13) site
preparation, construction, expansion or operation of waste
management facilities without an Environmental Compliance
 Certificate and not conforming with the land use plan of LGUs; (14)
construction of establishment within 200 meters from dump sites or
sanitary landfills; and (15) operation of waste disposal facility on any
aquifer, groundwater reservoir or watershed area.

II. DAO 1994-28

General policy
Importation of materials containing hazardous substances as
defined under RA 6969, its implementing rules and regulations and
subsequent directives for the control of importation of wastes, for
recovery, recycling and reprocessing, may be allowed only upon
obtaining prior written approval from the Secretary of the
Department of Environment and Natural Resources or his duly
authorized representative.

Scope and coverage of the guidelines

These interim guidelines shall apply to prospective importers
intending to import recyclable materials containing hazardous
substances after 14 March 1994. In the context of these guidelines, a
recyclable material is any material which is reused, following its
original use, for any purpose of commercial, industrial, agricultural or
economic value.

Scope of required submissions

All importers of recyclable materials containing hazardous

substances as listed in “Annex A” must first register with the
Department of Environment and Natural Resources (DENR), through
the Environmental Management Bureau (EMB), by filling up and
submitting Form R-1 detailing interalia the following information:

a) names and addresses of waste importer and receiving parties;

b) types and quantities of the imported material;

c) physical characteristics;

d) chemical characteristics;
e) justification for the import;

f) methods for handling, including collection, packaging, labeling,

transportation,
and route which must conform with internationally accepted
standards;

g) listing of personnel who will be responsible for supervising the

collection,
transport and unpacking of the recyclable materials and their
respective
qualifications; and

h) emergency response plan describing steps to be taken by

parties concerned in case of spill/accident which may occur during
transport from the premises of the recyclable material generator to
the importer.

Per Shipment Importation Requirements

 Application for Importation Clearance (IC) for each shipment
should be made by filling up and submitting form R-2 containing the
following information:

a) names and addresses of waste importer and receiving parties;

b) types and quantities of the imported material;

c) Registry Reference Code;

d) an affidavit of undertaking specifying the following:

1) liabilities of parties for clean-up operations in case of spill

and emergencies;

2) responsibility of the exporter to retrieve/return the waste

when denied entry
by the Government of the Philippines (GOP);

3) a copy of insurance coverage for the shipment; and

4) liabilities of parties to compensate for damages to

properties and life in case
of emergencies and accidents.

PROCEDURE FOR PROCESSING OF APPLICATIONS

A. RegistrationApplications

The EMB shall, upon receipt of the registration application,

determine the completeness of the submission and coordinate with
the concerned Regional Office to inspect the recycling/receiving
facility. Upon determination that the applicant has the capability to
recycle the imported material in an environmentally acceptable
manner, the EMB shall consider the importer as “registered”. The
registered importer may proceed with the importation by submitting
the required import applications to the DENR.

B. Import Applications

Each shipment of imported recyclable material must be

covered by an Importation Clearance (IC) which should be applied
for at least thirty (30) working days prior to the actual importation.
Only duly registered importers can apply for the IC. The EMB shall
process the application by comparing the submission (Form R-2)
against the registered information (R-1). Once the examination is
completed, an Importation Clearance (IC) covering that particular
shipment shall be issued to the importer stipulating the conditions for
the importation.

CONDUCT OF TESTS AND SAMPLING OF MATERIALS

The DENR reserves the right to require the testing and sampling
of the imported recyclable materials at the expense of the importer.
Testing of imported materials shall be done by the DENR through its
EMB laboratory and/or any of its duly recognized laboratories.
 Schedule Of Recyclable Materials Containing Hazardous
Substances That May Be Imported Subject To The Corresponding
Limiting Conditions

CATEGORY SPECIFIC ITEMS LIMITING CONDITIONS

1. SCRAP METALS a. Scrap and waste All materials under this
containing precious category should not
metals and their contain radioactive
alloys of: materials such as
Cesium (Cs), Cobalt
-Gold (Co), Americium (Am),
Strontium (Sr),
-Platinum (which lanthanide, actinide
include iridium osmium, and others as
palladium, rhodium determined by PNRI.
and rathenium)
The alloys or metals do
- Silver not contain mercury
and its compounds.

b. Metal sludges
containing precious
metals and all
associated metals

c. Ferrous waste and

scrap for remelting

- cast iron

- stainless steels

-Other alloy steels

-Tinned iron or steel

-Tunnings, shavings,
chips, milling waste,
fillings, trimmings, and
stamping

-scraping

-Used iron and

steel nails

d. Non-ferrous scraps
and alloys.
e. Other metal bearing
waste arising from
melting, smelting and
refining of metals of:
- hard zinc
smelter

- zinc containing
drosses such as
galvanizing slab zinc
top dross (>90% Zn);
slab zinc bottom dross
(>92% Zn); Zinc die cast
dross (>85% Zn); Hot tip
galvanizers zinc dross
(>92% Zn)

- zinc skimmings

- slags from
processing for further
refining

f. Lead acid batteries All lead acid batteries

imported must be free
of liquid and
extraneous material.
2. SOLID PLASTIC a. Waste parings and No importation of
MATERIALS scrap of plastics heterogenous and
unsorted plastic
materials shall be
b. polymerized or co- allowed.
polymerized
All plastics should have
no traces of toxic
c. Resins of materials like asbestos
condensation products

3. ELECTRONIC All electronic All residuals of recycled

ASSEMBLIES AND assemblies containing material which contain
SCRAP printed circuit boards hazardous substances
without any
acceptable disposal
Electronic components methods in the
containing hazardous Philippines must be
substances such as shipped back.
T.V.s, VCR, stereo, etc.

III. DAO No. 2004-36

Waste Generators
· Hazardous Waste Generators are required to submit
accomplished registration form(s) and pay the registration fee to
the EMB Regional Office having jurisdiction over the location of
the waste generator.
· Waste generators shall perform the following activities:
1. Notify the Department of the type and quantity of wastes
generated in accordance with the form and in a manner
approved by the Department and pay the prescribed fee; and
2. Provide the Department, on a quarterly basis, with information
to include the type and quantity of the hazardous waste
generated, produced or transported outside in a form as
provided for in Appendix “B”.
3. Continue to own and be responsible for the hazardous waste
generated or produced in the premises until the hazardous waste
has been certified by the waste treater as adequately treated,
recycled, reprocessed or disposed of.
4. Prepare and submit to the Department comprehensive
emergency contingency plans to mitigate spills and accidents
involving hazardous wastes. These plans shall conform with the
guidelines issued by the Department.
5. train/inform its personnel and staff on:
A. the implementation of the plan, and
B. the hazards posed by the improper handling, storage,
transport, and use of hazardous wastes and their containers.
· Requirements for Proper Hazardous Waste Management :
(1) Designation of a Pollution Control Officer
(2) Compliance with storage requirements - comply with the
packaging and labeling requirements as provided for in RA 6969.
(3) Compliance with pre-transport requirements - Hazardous
waste generator whose hazardous wastes are transported
outside the generator’s premises shall comply with the packaging
and labeling requirements as provided for in the Implementing
Rules and Regulations of RA 6969 and prepare a spill response
plan to be handed to the designated waste transporter. The spill
response plan includes the following instructions to the waste
transporter in the event of an accident:
a. immediate reporting to the EMB-DENR
b. securing or containing the affected area
c. cleaning up spilled or leaked hazardous waste
(4) Use of authorized transporters
(5) Compliance with Waste Transport or Manifest System
(6) Use of recognized treaters
(7) Confirmation of completion of treatment/disposal

Waste Transporters

REQUIREMENTS FOR WASTE TRANSPORTERS:

a) Business Permit/SEC Registration Certificate
b) Description/Specification of Conveyance, Details of Transport
Service
c) Photographs of conveyance (inside and outside parts of
vehicle)
d) Sketch/Photograph of a garage
e) Proof of ownership of vehicle (Contract of Lease and/or Deed
of Sale, if applicable)
f) Certification from the Bureau of Fire Protection, in case of tank
lorry Contingency/Emergency Preparedness Plan
g) Accountability Statement (duly notarized)
h) Copy of the Certificate of Registration and Official Receipt (
LTO)
Notification of change in information in the registration form
If there is a change in the information in the registration form, the
waste transporter is required to notify the EMB Central Office
immediately in writing.

Renewal of registration
A waste transporter shall renew its DENR Transporter I.D. Number
one (1) month prior to the expiration date. Renewal procedure
shall follow the initial registration procedure.
Hazardous Waste Storage Labeling
Responsibilities of Generators and Treatment, Storage and
Disposal (TSD) Facilities
a. The Pollution Control Officer/Environmental Officer designated
by the hazardous waste generator or TSD facility shall be
responsible for the management of the storage facility;
b. The Hazardous Waste Generator/TSD facility shall ensure that
all movement of hazardous wastes, toxic substances and treated
materials in and out of the storage facility shall be properly
documented;
c. The Hazardous Waste Generator/TSD facility shall ensure that
the requirements of classification, packaging and labeling of
hazardous wastes, toxic substances and treated materials shall
be complied with.
Types of vessels, containers, tanks and containment buildings
used for storage of hazardous waste
Vessels, containers, tanks and buildings used for storage
ofhazardous waste include:
1. metal drum (with a lid or a cap)
2. plastic container
3. metal container
4. cloth container
5. container van
6. tanker truck
7. built tank
8. containment building/warehouse (completely enclosed
structure with four walls, a roof, and a floor used to store non-
containerized waste, such as bulky and high volume non-liquid
waste)
9. settling ponds not used as treatment of wastewater
 IV. DAO No. 2010-06
Definition of terms:

Alternative fuel: Non-traditional fuel such as waste material that

provides thermal energy in the production of cement

Alternative raw Material: Non-traditional fuel such as waste material

that provides minerals essential in the production of cement

Traditional Fuel: non-renewable energy

Traditional Raw: Materials: concentrate materials and Slag

Co-processing: reuse or recovery of mineral or energy content of

waste material

Emission factor: refers to the value that relates the quantity of

pollutant released to the atmosphere. This is done during the stack
emissions test

Hazardous wastes: substance that are without any safe commercial,

industrial, agricultural or economic usage which presents unreasonable
risk and injury to health and safety and to the environment

Pre-processing: Are operations performed on waste materials in

order to improve its handling characteristics.

SEC 1: adheres to the policy of the government to regulate, use and

dispose of hazardous substance and wastes

SEC 2: the scope and coverage of this guidelines is to set the

registration and permitting requirements on co processing of alternative
fuels and raw materials for clinker production which include among others
 a. Waste delivery control
b. Waste acceptance criteria
c. Occupational health and safety requirements
d. Co-processing operation
e. Emission limits and monitoring
f. Documentation and reporting
g. Enforcement of standards and requirements

SEC 4: Hazardous waste materials acceptable for Co-processing

1. It qualifies as alternative fuel or alternative raw materials

2. Its use of cement compliance with the environmental law standards
3. It should pass waste acceptable criteria based on its substance

SEC 5: Waste materials not acceptable for co-processing

1. Health case wastes

2. Asbestos containing wastes
3. All types of batteries
4. Electronic assemblies and scraps
5. Explosives
6. Cyanide wastes
7. Mineral acids
8. Radioactive wastes
9. Unsegregated municipal solid wastes

SEC 6: Procedure for accepting hazardous material for co-

processing

1. It must be properly documented

2. Subject for contamination and adulteration
 3. It must be sampled and tested
4. It must be properly stored and weighted
5. It must be regulated by RA 6969
6. Noncompliance with the above mentioned criteria law must be
rejected

SEC 9: Operating Conditions and Process Control in Co-Processing

Facility. To ensure safe and effective operations of the co-processing
facility, the following must be observed:

1. The feed point of waste materials should be located in a cement kiln in

accordance with manufacturer or with international standards.

2. The facility must be equipped with a continuous temperature

monitoring system at the feed point.

3. Waste materials should only be fed into the kiln when operating
conditions are stable. Feeding of waste materials must be discontinued
under any of the following conditions:

• Failure of the dust collector;

• Power failure;
• Failure of feed point temperature monitoring system;
• Failure of the CEMS; and
• Failure of the process equipment

4. The co-processing facility must be equipped with CEMS capable of

measuring the ff. parameters: CO, Particulates, VOC or HCI, NOx, and
SOx.
5. Under no circumstances shall a co-processing facility allow feeding of
waste materials to continue beyond 4 hours of continuous non-
compliance with CEMS monitored emission limit values.

6. Each facility must develop, implement and communicate a detailed

spill response plan to ensure effective containment and clean up in event
of a spill.

7. All personnel of the facility directly handling or exposed to waste

materials shall be provided with proper personal equipment in
compliance with existing laws, rules, and regulations.

SEC 10: Emissions Monitoring. Emissions must conform to the

standards specified in the Philippines Clean Air Act (RA8749) or approved
by the EMB.
 SEC 11: Documentation and Reporting. All aspects of co-processing
waste materials in a cement kiln must be well documented.

1. Delivery record for each waste material received in the facility must be
maintained for 5 years. The record of each waste must show the ff.
information:

 Name of waste material and waste ID no.

 Category of waste material
 Tons of waste delivered
 Name of transporter and ID
 Name of waste generator and waste generator ID
 Date delivered
 Sample ref. no.
 Copy Hazardous Waste Manifest record of each delivery
 Copy of transport permit
2. Daily co-processing operation log sheet must be maintained, covering
a period of 5 years, showing or attaching the following information:

 IDs of waste materials co-processed

 Quantity of waste material co-processed
 CEMS printout
 Temperature at materials feed point

3. Laboratory analysis of sample waste materials received in the facility

shall be kept for a minimum of 5 years.

SEC 12: Public Access to Confidential Information on Co-Processing

Facility Records and Reports. Confidential business information that would
tend to affect adversely the competitive position of such cement
manufacturer shall not be made available to the public.

SEC 13: Auditing. The EMB shall conduct audits to ensure

compliance of the facility with its co-processing permit and with these
guidelines:

The EMB at any time may collect waste samples verify if it conforms to
waste acceptance criteria. Cost shall be charged against the account of
the facility.

The compliance audit of the facility shall be done at least once a year. A
3rd party may be required by EMB, as it may deem necessary.

The tracking system for these guidelines shall use the system under DAO
No. 04-36.

SEC 14: Fines and Penalties. Fines and penalties shall be governed
by the provisions given in:

 Philippine Clean Air Act (RA8749)

 Toxic Substances and Hazardous and Nuclear Wastes Control
Act of 1990 (RA6969)
 Environmental Impact Statement System (PD1586)

V.
Jurisprudence
I. G.R. No. 194239. June 16, 2015.*

WEST TOWER CONDOMINIUM CORPORATION, on behalf of the Residents of

West Tower Condominium and in representation of Barangay Bangkal,
and others, including minors and generations yet unborn, petitioners
vs.

FIRST PHILIPPINE INDUSTRIAL CORPORATION, FIRST GEN CORPORATION and

their RESPECTIVE BOARD OF DIRECTORS AND OFFICERS, JOHN DOES, and
RICHARD DOES, respondents

FACTS: Respondent FPIC operates two pipelines since 1969, viz.: (1) the
White Oil Pipeline (WOPL) System, which covers a 117-kilometer stretch
from Batangas to thePandacan Terminal in Manila and transports diesel,
gasoline, jet fuel and kerosene; and (b) the Black Oil Pipeline (BOPL)
System, which extends 105 kilometers and transports bunker fuel from
Batangas to a depot in Sucat, Parañaque. These systems transport nearly
60% of the petroleum requirements of Metro Manila and parts of the
provinces of Bulacan, Laguna, and Rizal.

The two pipelines were supposedly designed to provide more than double
the standard safety allowance against leakage, considering that they are
made out of heavy duty steel that can withstand more than twice the
current operating pressure and are buried at a minimum depth of 1.5
meters, which is deeper than the US Department of Transportation
standard of 0.9 meters. In May 2010, however, a leakage from one of the
pipelines (WOPL) was suspected after the residents of West Tower
Condominium (West Tower) started to smell gas within the condominium.
Eventually, the sump pit of the condominium was ordered shut down by
the City of Makati to prevent the discharge of contaminated water into
the drainage system of Barangay Bangkal. Thus, for petitioners, the
continued use of the now 47-year-old pipeline would not only be a hazard
or a threat to the lives, health, and property of those who live or sojourn in
all the municipalities in which the pipeline is laid, but would also affect the
rights of the generations yet unborn to live in a balanced and “healthful
ecology,” guaranteed under Section 16, Article II of the 1987 Constitution.

ISSUE:

1. Whether a Permanent Environmental Protection Order should be issued

to direct the respondents to perform or to desist from performing acts in
order to protect, preserve, and rehabilitate the affected environment;
2. Whether FGC and the directors and officers of respondents FPIC and
FGC may be held liable under the environmental protection order.

RULING:

1. With respect to leak detection, FPIC claims that it has in place the
following systems: (a) regular cleaning scraper runs, which are done
quarterly; (b) pipeline integrity gauge (PIG) tests/Intelligent PIG, now
known as in-line inspections (ILI), which is done every five years; (c)
pressure monitoring valves; and (d) 24-hour patrols. Additionally, FPIC
asserted that it also undertook the following: (a) monitoring of wells and
borehole testing/vapor tests; (b) leak tightness test, also known as
segment pressure test; (c) pressure-controlled test; (d) inspection and
reinforcement of patches; (e) inspection and reinforcement of dents; and
(f) Pandacan segment replacement.47 Furthermore, in August 2010, with
the oil leak hogging the headlines, FPIC hired NDT Middle East FZE (NDT) to
conduct ILI inspections through magnetic flux leakage (MFL) and
ultrasonic tests to, respectively, detect wall thinning of the pipeline and
check it for cracks.

The CA, however, observed that all of these tests and measures are
inconclusive and insufficient for purposesof leak detection and pipeline
integrity maintenance. Hence, considering the necessary caution and
level of assurance required to ensure that the WOPL system is free from
leaks and is safe for commercial operation, the CA recommended that
FPIC obtain from the DOE a certification that the WOPL is already safe for
commercial operation. This certification, according to theCA, was to be
issued with due consideration of the adoption by FPIC of the appropriate
leak detection systems to monitor sufficiently the entire WOPL and the
need to replace portions of the pipes with existing patches and sleeves.
Sans the required certification, use of the WOPL shall remain abated. The
Court found this recommendation of the appellate court proper. Hence,
We required FPIC to obtain the adverted DOE Certification in Our July 30,
2013 Resolution.

After a perusal of the recommendations of the DOE and the submissions

of the parties, the Court adopts the activities and measures prescribed in
the DOE letter dated August 5, 2014 to be complied with byFPIC as
conditions for the resumption of the commercia operations of the WOPL.
The DOE should, therefore, proceed with the implementation of the tests
proposed in the said August 5, 2014 letter. Thereafter, if it is satisfied that
the results warrant the immediate reopening of the WOPL, the DOE shall
issue an order allowing FPIC to resume the operation of the WOPL. On the
other hand, should the probe result in a finding that the pipeline is no
longer safe for continued use and that its condition is irremediable, or that
it already exceeded its serviceable life, among others, the closure of the
WOPL may be ordered.

2. Liability of FPIC, FGC and their respective Directors and Officers

On the last issue of the liability of FPIC, FGC and their respective directors
and officers, the CA found FGC not liable under the TEPO and, without
prejudice to the outcome of the civil case (Civil Case No. 11-256, RTC,
Branch 58 in Makati City) and criminal complaint (Complaint-Affidavit for
Reckless Imprudence, Office of the Provincial Prosecutor of Makati City)
filed against them, the individual directors and officers of FPIC and FGC
are not liable in their individual capacities. The Court will refrain from ruling
on the finding of the CA that the individual directors and officers of FPIC
and FGC are not liable due to the explicit rule in the Rules of Procedure
for Environmental cases that in a petition for a writ of kalikasan, the Court
cannot grant the award of damages to individual petitioners under Rule
7, Sec. 15(e) of the Rules of Procedure for Environmental Cases. As duly
noted by the CA, the civil case and criminal complaint filed by petitioners
against respondents are the proper proceedings to ventilate and
determine the individual liability of respondents, if any, on their exercise of
corporate powers and the management of FPIC relative to the dire
environmental impact of the dumping of petroleum products stemming
from the leak in the WOPL in Barangay Bangkal, Makati City. Hence, the
Court will not rule on the alleged liability on the part of the FPIC and FGC
officials which can, however, be properly resolved in the civil and criminal
cases now pending against them.
II. G.R. Nos. 171947-48. December 18, 2008.*

METROPOLITAN MANILA DEVELOPMENT AUTHORITY, DEPARTMENT OF

ENVIRONMENT AND NATURAL RESOURCES, DEPARTMENT OF EDUCATION,
CULTURE AND SPORTS,1 DEPARTMENT OF HEALTH, DEPARTMENT OF
AGRICULTURE, DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS,
DEPARTMENT OF BUDGET AND MANAGEMENT, PHILIPPINE COAST GUARD,
PHILIPPINE NATIONAL POLICE MARITIME GROUP, and DEPARTMENT OF THE
INTERIOR AND LOCAL GOVERNMENT, petitioners

vs.

CONCERNED RESIDENTS OF MANILA BAY, represented and joined by

DIVINA V. ILAS, SABINIANO ALBARRACIN, MANUEL SANTOS, JR., DINAH
DELA PEÑA, PAUL DENNIS QUINTERO, MA. VICTORIA LLENOS, DONNA
CALOZA, FATIMA QUITAIN, VENICE SEGARRA, FRITZIE TANGKIA, SARAH
JOELLE LINTAG, HANNIBAL AUGUSTUS BOBIS, FELIMON SAN-TIAGUEL, and
JAIME AGUSTIN R. OPOSA, respondents

FACTS:

On January 29, 1999, respondents Concerned Residents of Manila Bay

filed a complaint before the Regional Trial Court (RTC) in Imus, Cavite
against several government agencies, among them the petitioners, for
the cleanup, rehabilitation, and protection of the Manila Bay. Raffled to
Branch 20 and docketed as Civil Case No. 1851-99 of the RTC, the
complaint alleged that the water quality of the Manila Bay had fallen way
below the allowable standards set by law, specifically Presidential Decree
No. (PD) 1152 or the Philippine Environment Code. In their individual
causes of action, respondents alleged that the continued neglect of
petitioners in abating the pollution of the Manila Bay constitutes a
violation of, among others: (1) Respondents’ constitutional right to life,
health, and a balanced ecology; (2) The Environment Code (PD 1152);
(3) The Pollution Control Law (PD 984); (4) The Water Code (PD 1067);
(5) The Sanitation Code (PD 856); (6) The Illegal Disposal of Wastes
Decree (PD 825); (7) The Marine Pollution Law (PD 979); (8) Executive
Order No. 192; (9) The Toxic and Hazardous Wastes Law (Republic Act
No. 6969); (10) Civil Code provisions on nuisance and human relations;
(11) The Trust Doctrine and the Principle of Guardianship; and (12)
International Law.

Inter alia, respondents, as plaintiffs a quo, prayed that petitioners be

ordered to clean the Manila Bay and submit to the RTC a concerted
concrete plan of action for the purpose. The trial of the case started off
with a hearing at the Manila Yacht Club followed by an ocular inspection
of the Manila Bay. Renato T. Cruz, the Chief of the Water Quality
Management Section, Environmental Management Bureau, Department
of Environment and Natural Resources (DENR), testifying for petitioners,
stated that water samples collected from different beaches around the
Manila Bay showed that the amount of fecal coliform content ranged
from 50,000 to 80,000 most probable number (MPN)/ml when what DENR
Administrative Order No. 34-90 prescribed as a safe level for bathing and
other forms of contact recreational activities, or the “SB” level, is one not
exceeding 200 MPN/100 ml.4 Rebecca de Vera, for Metropolitan
Waterworks and Sewerage System (MWSS) and in behalf of other
petitioners, testified about the MWSS’ efforts to reduce pollution along the
Manila Bay through the Manila Second Sewerage Project. For its part, the
Philippine Ports Authority (PPA) presented, as part of its evidence, its
memorandum circulars on the study being conducted on ship-generated
waste treatment and disposal, and its Linis Dagat (Clean the Ocean)
project for the cleaning of wastes accumulated or washed to shore.

ISSUE: 1. Whether or not the Sections 17 and 20 of PD 1152 under the

headings, Upgrading of Water Quality and Clean-up Operations,
envisage a cleanup in general or are they limited only to the cleanup of
specific pollution incidents

2. Whether or not the petitioners be compelled by mandamus to clean up

and rehabilitate the Manila Bay

RULING: WHEREFORE, judgment is hereby rendered ordering the

abovenamed defendant-government agencies to clean up, rehabilitate,
and preserve Manila Bay, and restore and maintain its waters to SB level
(Class B sea waters per Water Classification Tables under DENR
Administrative Order No. 34 [1990]) to makethem fit for swimming, skin-
diving, and other forms of contact recreation.

1. Respondents are correct. For one thing, said Sec. 17 does not in any
way state that the government agencies concerned ought to confine
themselves to the containment, removal, and cleaning operations when
a specific pollution incident occurs. On the contrary, Sec. 17 requires them
to act even in the absence of a specific pollution incident, as long as
water quality “has deteriorated to a degree where its state will adversely
affect its best usage.” This section, to stress, commands concerned
government agencies, when appropriate, “to take such measures as may
be necessary to meet the prescribed water quality standards.” In fine, the
underlying duty to upgrade the quality of water is not conditional on the
occurrence of any pollution incident.
A perusal of Sec. 20 of the Environment Code, as couched, indicates that
it is properly applicable to a specific situation in which the pollutionis
caused by polluters who fail to clean up the mess they left behind. In such
instance, the concerned government agencies shall undertake the
cleanup work for the polluters’ account. Petitioners’ assertion, that they
have to perform cleanup operations in the Manila Bay only when there is
a water pollution incident and the erring polluters do not undertake the
containment, removal, and cleanup operations, is quite off mark. As
earlier discussed, the complementary Sec. 17 of the Environment Code
comes into play and the specific duties of the agencies to clean up come
in even if there are no pollutionincidents staring at them. Petitioners, thus,
cannot plausibly invoke and hide behind Sec. 20 ofPD 1152 or Sec. 16 of
RA 9275 on the pretext that their cleanup mandate depends on the
happening of a specific pollution incident.

2. Generally, the writ of mandamus lies to require the execution of a

ministerial duty; Mandamus is available to compel action, when refused,
on matters involving discretion, but not to direct the exercise of judgment
or discretion one way or the other. The Metropolitan Manila Development
Authority’s (MMDA’s) duty to put up an adequate and appropriate
sanitary landfill and solid waste and liquid disposal as well as other
alternative garbage disposal system is ministerial, its duty being a statutory
imposition. These government agencies are enjoined, as a matter of
statutory obligation, to perform certain functions relating directly or
indirectly to the cleanup, rehabilitation, protection and preservation of
the Manila Bay.