Beruflich Dokumente
Kultur Dokumente
Philippine
Landscape
Environmental
Environmental Problems
The Philippine environment is presently in crisis. The countrys rich
4. Air pollution
5. Long term damaging effects caused by mining
operations
Environmental Justice
Environmental Justice has no single universally accepted
Philippine definition of
environmental justice
In the case of Oposa vs. Factoran, 224 SCRA 792, the relevant
Environmental Rights as a
component of Human Rights
Environmental rights grew out of human rights, a development
Development of Environmental
justice in the Philippines
The concept of environmental justice is not foreign/alien
Important MEAs
1. 1972 Stockholm Conference on the Human Environment
Important MEAs
2. United Nations Convention on the Law of the Sea
(UNCLOS)
Ratified by the Philippines on May 8, 1984. Of
particular importance is Art. 194 which obliges parties
to take measures to prevent pollution of the marine
environment from any source, including land-based
sources and installations and devices used in
exploration or exploitation of the natural resources of
the seabed and subsoil.
Constitutional policy on
Environmental Protection
The 1987 Constitution bears the framework of the
First Category
1. PD 705 Revised Forestry Code as amended by PD
Second Category
1. Rep. Act 7586, National Integrated Protected Areas
System Act
2. Rep. Act 9147, Wildlife Conservation and
Protection Act; and
3. Rep. Act 9072, National Caves and Cave Resources
Management Act
Third Category
1. PD 979 Marine Pollution Decree
2. PD 1586 Establishing an Environmental Impact
3.
4.
5.
6.
Statement System
Rep. Act 8749 Clean Air Act
RA 9275 Clean Water Act
RA 9003 Ecological Solid Waste Management Act
RA 6969 Toxic Substances and Hazardous Waste
Act
Supplemental Laws
Apart from the general environmental laws, the Civil Code
Abatement of Nuisance
Nuisance is defined as an unreasonable activity or condition on
Classes of nuisance
PRIVATE and PUBLIC
Private Nuisance stems from interference on an individuals rights.
Public nuisance stems from violations of public rights and causes
Easements
Easement is defined as an encumbrance imposed
Torts/Quasi-delict
Where the act complained of does not fall under a specific
violation of Environmental Law and there is evidence of
recklessness or negligence resulting in harm to the environment,
the Civil Code provisions on quasi-delict may apply. There is
negligence when a persons act lacks the diligence required by
the nature of the obligation. Recklessness is conduct by a
defendant which demonstrates a conscious disregard for a
known risk of probable harm to others. Under the rules on
quasi-delict, the basic legal duty is to act with reasonable care. A
party may be held liable for activities which result in harm to
others even though he did not act intentionally in causing the
harm.
In environmental litigation, negligence is one of the arguments
raised by those who environmental rights are violated. The Civil
Code provisions on quasi-delicts are found in Art. 2176 to 2194.
Ruling
The RTC, CA and Sc unanimously ordered the government
agencies to coordinate for the cleanup of the Bay and its
restoration to its healthy state. The SC held that, under
numerous laws, the cleanup of the Bay is the ministerial
duty of the concerned agencies and they have no discretion
to do otherwise.
Of particular interest in this case was the issuance by the SC
of an order of continuing mandamus the first ever in the
country. This order compelled the agencies to perform their
respective tasks for the cleanup and it continues
indefinitely. The SC likewise required the formation of an
advisory committee to ensure compliance with the order.
Marine Mammals
Petitioners claim that the marine mammals possess legal
standing to sue since they have sustained and will sustain direct
injury by reason of the oil exploration and resulting pollution in
the habitat. They claim that the effect of underwater noise to the
mammals is fatal. They also maintain that the service contract
violates the Constitution, the NIPAS Act and the Wildlife Con
and Pro Act.
Respondents, claim that marine mammals which are neither
natural nor juridical persons, cannot be parties in a civil action
and that contrary to the allegations, the service contract is
allowed under Sec. 2 Art. XII of the Consitution.
Meantime private respondent Japan Petroleum Exploration Inc.
Had announced its withdrawal from the project.
Role of Community
The community plays a vital role in the promotion of
Stakeholders
1. CITIZENS
A citizen is a person who, by either birth or naturalization, is a
Role of a Citizen
Citizens are the stewards of the environment and there is an inherent
Rights of a Citizen
In promoting access to justice in the field of environmental
Right to Information
3. Right to Information refers to the Constitutional
Non-Government Organizations
and Peoples Organizations
NGOs are private, non-profit voluntary organizations
Government Agencies
DENR
provisions of the Clean Air Act and Clean Water Act after
proper notice and hearing
2. Issue cease and desist orders requiring the
discontinuance of pollution specifying the conditions and
the time within which such discontinuance must be
accomplished;
3. Issue, renew or deny permits, under such conditions as
it may determine to be reasonable for the prevention and
abatement of pollution
4. To issue such writs as may be necessary for the
enforcement and execution of such orders, resolutions or
decisions.
Line Bureaus
Other Entities
2. Inter-Agency Technical Advisory Council created
Role of LGUs
Is to aid the national government in enforcing
Article 2, section 25
Article 10, secs. 1, 2, 4, 5, 7, 11, 13, 15, 16, and 20
Environment-related Provisions of
the Local Government Code)
Forestry Code
In forest management, some DENR functions have
Fisheries Code
The Fisheries Code vests upon municipal and city
Other laws
LGUs have the primary responsibility to implement and
RA 10174
Peoples Survival Fund (PSF)
Is a law that amended the Climate Change Act of 2009
Requirement of Establishment of
In-House Environmental Units
National Government agencies, GOCCs, GFIs are
Definition of EIA
It is a process that involves predicting and evaluating the
Environmental Compliance
Certificate
Is a document issued by the DENR-EMB after a positive review of
Pre-feasibility Stage
The most crucial stage in the EIA process is in this stage.
Malacanang Adm. Order No. 42 directs Project Proponents
PD 1586
Section 4 states that the President, by proclamation,
may declare certain projects, undertakings or areas in
the country as environmentally critical. Pursuant to
this, Proclamation No. 2146 and PD 803 were issued
establishing a list of ECP types and ECA categories.
Proclamation 2146 Proclaiming certain areas and types
of projects as environmentally critical and within the
scope of the environmental impact statement system
established under PD 1586
5 Groups
Documentary Requirements
1. ENVIRONMENTAL IMPACT STATEMENT (EIS) - is a
5. PROGRAMMATIC ENVIRONMENTAL
consecutive stages:
1. SCREENING - this stage is uniform in all ECC
applications regardless of whether the project is single, colocated, new and existing, with or without ECCs, or
proposing for resumption of operation or project
expansion/modification. In this stage, it is determined
whether a project is covered or not thru the EIA Coverage
and Requirements Screening Checklist (ECRSC).
The ECRSC is a self-screening tool for the Proponent to
determine coverage under the PEISS and the corresponding
requirements to comply with the system. The checklist
serves as a Site Inspection Report Form of the EMB for
ECC/CNC application.
Stage 2. Scoping
10 hard + 1CD
ECC applications requiring EIS 7 hard + 1CD
ECC applications requiring PEPRMP - 5 hard + 1CD
ECC applications requiring EPRMP - 5 hard + 1CD
SITE VISITS,
PUBLIC CONSULTATIONS, or
PUBLIC HEARINGS
depending on the Report Type required to be submitted.
Offshore projects are not covered by SV, PC/PH if there are
The time frame is the period within which the EMB shall issue the
forms part of the stages of the EIA process and is applicable to all types
of ECC applications because it is concerned with the ff:
a. Project compliance with the conditions set in the
ECC
b. Project compliance with the Environmental
Management Plan (EMP)
c. Effectiveness of environmental measures on
prevention or mitigation of actual project impacts
vis-a-vis the predicted impacts used as basis for the
EMP design and
d. Continual updating of the EMP for sustained responsiveness
to project operations and project impacts.
Monitoring of CNCs
Projects issued Certificate of Non-Coverage (CNC) are not
Appeal Procedures
Level of Appeals
Any party aggrieved by the decision of the approving/issuing
Level of Appeals
An appeal on the decisions of the Division Chief shall
Administrative Investigation
On Handling of complaints or Adverse Monitoring Findings
Scope of Violations (a e)
Classes of Violations of PD 1586 and DAO 2003-30:
a.) Projects with or without ECCs which pose grave and/or irreparable
Minor Offenses
1. non submission or delay in submission of reports/requirements
2. transfer of ownership of the project/ECC without prior approval from
Major Offenses
Violations of substantive conditions in the ECC and the EIS System
EIA documents.
- Penalty
1st offense - P10,000
2nd offense - P25,000
3rd offense - P50,000
4th offense - P50,000 plus ECC suspension with
option of DENR-EMB to cease
operations if deemed necessary but
with corresponding requirement for
continued EMP implementation
MAJOR offenses
Penalty
1st offense - P25,000
2nd offense P50,000
3rd offense P50,000 plus ECC suspension with
option of DENR-EMB to cease
operations if deemed necessary but
with corresponding requirement for
continued EMP implementation
Suspension of ECCs
ECCs may be suspended for violation of proponents to
Authority to issue
Cease and Desist Order (CDO)
The EMB Director or the EMB-RD may issue a CDO
Publication of Firms
violating PD 1586
The EMB may publish the identities of firms that are
repealing PD 1308
Declaration of Policy The State recognizes the
importance of environmental planning in nation-building
& development. It shall develop & nurture competent,
virtuous, productive & well rounded professional
environmental planners whose standards of practice &
service shall be excellent, world class & globally
competitive thru honest, effective, relevant & credible
licensure examinations & thru regulatory programs,
measures & activities that foster their professional growth,
social responsibility and development.
profession:
1. examination, registration & licensure of environmental
planners
2. Supervision, control & regulation of the practice of
environmental planning
3. development, upgrading & updating the curriculum of
the environmental planning profession; and
4. development & improvement of the professional
competence & practice of environmental planners thru
among others, continuing professional education and
development.
Scope of Practice
a) providing professional services in the form of technical consultation,