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Atty. Falconi V.

Millar, CPA
Philippine Constitution
• Section 16, Article II of the 1987
Philippine Constitution
The State shall protect and
advance the right of the people to a
balanced and healthful ecology in
accord with the rhythm and
harmony of nature.
Philippine Constitution
• Article XII of the 1987 Philippine Constitution –
National Economy and Patrimony
All lands public domain, waters, minerals,
coal, petroleum, and other mineral oils, all
sources of potential energy, fisheries,
forests or timber, wildlife, flora and fauna,
and other natural resources are owned
by the State.
Philippine Environmental Policy
(PD1151) (1977)
Create, develop, maintain, and
improve conditions under which
man and nature can thrive in
productive and enjoyable
harmony with each other;
Philippine Environmental Policy
(PD1151) (1977)

• Fulfill the social, economic,


and other requirements of
present and future
generations of Filipinos; and
Philippine Environmental Policy
(PD1151) (1977)

• Ensure the attainment of an


environmental quality that is
conducive to a life of dignity and
well-being.
1. Presidential Decree (PD) 1586: Philippine Environmental Impact
Statement System 1978
2. Republic Act (RA) 8749: Clean Air (CAA) of 1999
3. Republic Act (RA) 9275: Clean Water Act of 2004
4. Republic Act (RA) 6969: Philippine Toxic Substances and Hazardous
and Nuclear Waste Act (1990)
5. Republic Act(RA) 9003: Philippine Ecological Solid Waste
Management Act (PESWMA) of 2000
6. Republic Act (RA) 9729: Climate Change Act of 2009
7. Republic Act (RA) 9512: Environmental Awareness and Education
Act of 2008.
8. Fisheries Code of 1998 Republic Act 8550
PD 1586
The Decree established the environmental
impact assessment system, which requires
private establishments and government agencies
to submit Environmental Impact Statements
(EIS) for every action, project, or undertaking
planned by them, which significantly affects
the quality of the environment. (Adopted from
1977 PD 1151)
Proclamation No. 2146 (1981)
Types of Environmentally Critical Projects

• Heavy Industries
• Resource Extractive Industries
• Infrastructure
• All Golf Courses (Proclamation
No. 803)
Examples of Heavy Industries
• Non-ferrous metal industries
• Iron and steel mills
• Petroleum and petro-chemical
industries, including oil and gas
• Smelting plants (extraction of metal
from the ore)
Examples of Resource Extractive Industries

• Major mining and quarry projects


• Forestry products
i. Logging
ii. Major wood processing projects
iii. Introduction of fauna (exotic-animals) into public/private
forests
iv. Forest occupancy
v. Extraction of mangrove products
vi. Grazing
• Fishery projects
i. Dikes and fishpond development projects
Examples of Infrastructure Project
• Major dams
• Major power plants (fossil-fueled,
nuclear-fueled, hydro-electric or
geothermal)
• Major reclamation projects
• Major roads and bridges
Environmental critical areas
include the following:
1. All areas declared by law as national parks,
watershed reserves and wildlife preserves and
sanctuaries;
2. Areas set aside as aesthetic potential tourist
spots;
3. Areas which constitute the habitat for any
endangered or threatened species of indigenous
Philippine wildlife (flora and fauna)
Environmental critical areas
include the following:

4. Areas of unique historical, archeological or


scientific interests;
5. Areas which are traditionally occupied by
cultural communities or tribes;
6. Areas frequently visited and/or hard-hit by
natural calamities (geological hazards, floods,
typhoons);
Environmental critical areas
include the following:

7. Areas with critical slopes;


8. Areas classified as prime agricultural lands;
9. Aquifers recharge areas;
10. Water bodies;
11. Mangrove areas;
12. Coral reefs.
Environmental Impact Assessment

A process which consists of identifying


and predicting the impact of proposed
projects and programmes on the
biophysical environment and on man’s
health and well being and interpreting and
communicating information about such
impacts in a manner which can be utilized
by planners and decision-makers.
Importance of Environmental
Impact Assessment
It measures resource
allocation and utilization in
terms of costs associated
with environmental
conservation.
Purpose of EIA Process

As a basic principle, EIA is


used to enhance planning
and guide decision-making.
Purpose of EIA Process

Adverse environmental impacts of


proposed actions are considerably
reduced through a reiterative review
process of project site selection, design and
other alternatives, and the subsequent
formulation of environmental management
and monitoring plans.
Who are covered by PD
1586?
This law requires private corporations,
firms or entities including agencies and
instrumentalities of the government to
prepare an environmental impact
statement (EIS) for every proposed project
and undertaking which significantly
affect the quality of the environment.
Environmental Impact Statement

The EIS is a document that provides a


comprehensive study of the significant
impacts of a project on the environment.
It is prepared and submitted by the project
proponent and/or EIA Consultant as an
application for an Environmental
Compliance Certificate (ECC).
Non-Critical Projects

Section 5. Environmentally Non-Critical


Projects. All other projects, undertakings and
areas not declared by the President as
environmentally critical shall be considered as
non-critical and shall not be required to submit
an environmental impact statement. DENR
however may require additional environmental
safeguards as it may deem necessary.
Factors in determining the scope
the EIS System
(i) the nature of the project and its
potential to cause significant negative
environmental impacts, and
(ii) the sensitivity or vulnerability of
environmental resources in the
project area.
(In relation to Section 5 of PD 1586)
Kinds of an Environmental
Impact
• Positive Impact
• Negative Impact
• Immediate Impact
• Cumulative Impact
• Direct Impact
• Indirect Impact
Environmental Compliance Certificate

• An ECC is a document issued by the


DENR/EMB after a positive review of an ECC
application.

• ECC certifies that based on the representations


of the proponent, the proposed project or
undertaking will not cause significant negative
environmental impact.
Environmental Compliance Certificate

The ECC also certifies that the proponent


has complied with all the requirements of
the EIS System or IEE Checklist and has
committed to implement its approved
Environmental Management Plan.

ECC comes with Post Condition


Requirements
What is Pollution Control Officer (PCO)

A Pollution Control
Officer (PCO), is a person engaged
in environmental protections and
environmental compliance.
What is Pollution Control Officer (PCO)

The main goal is to provide and establish


companies Objective, Targets and Programs, that
will help the company and the organization on
the preservation of our natural resources,
reduce the generations of the company waste
and establish proper mitigation on pollutions
controls in the environment aspect and impact
on air, land, water, flora and fauna and human
being.
Definition of Pollution
• ANY ALTERATION of physical, chemical or
biological properties of any water, air, and/or land
resources of the Philippines OR ANY
DISCHARGE OR EMISSION thereto of any
liquid, gaseous or solid wastes as will likely create
or render such water, air and land resources
harmful, detrimental or injurious, to public
health, safety or welfare or which will adversely
affect their utilization for domestic, commercial,
industrial, agricultural, recreational or other
legitimate purposes
Definition of Pollution
When harmful substances
contaminate the environment, it is
called pollution. Pollution refers to
the very bad condition of
environment in terms of quantity
and quality.
Definition of Control
Control is one of the managerial functions
like planning, organizing, staffing and
Directing.
It helps to check the errors and to take the
corrective action so that deviation from
standards are minimized and stated goals of
the organization are achieved in a desired
manner.
Definition of Control
According to modern concepts, control is a foreseeing
action whereas earlier concept of control was used only
when errors were detected.

Control in management means setting standards, measuring


actual performance and taking corrective action.

Preventive rather than curative. Pro-active rather than


reactive.
Kinds of Pollution
 Air Pollution
 Water Pollution
 Noise Pollution
 Land Pollution
 Radio Active Pollution

 Odor Pollution?
Kinds of Pollution
 Outdoor Pollution
 Indoor Pollution

Is fire a source of pollution?


Republic Act Clean Air Act (CAA)
1999 RA No. 8749
Provides for a comprehensive air
quality management policy and
program which aims to achieve and
maintain healthy air for all Filipinos.
Clean Air Act Policy
a)Protect and advance the right
of people to a balanced and
healthy ecology in accord with
the rhythm and harmony of
nature;
Clean Air Act Policy

b) Attain and maintain a


balance between development
and environmental protection;
and
Clean Air Act Policy

c) Maintain a quality of air


that protects human health
welfare.
Prohibition against Incinerator
Section 20 of Clean Air Act does not
absolutely prohibit incineration as a
mode of waste disposal, rather only
those burning processes which emit
poisonous and toxic fumes are
banned.
MMDA v Jancom GR No. 147465, 30 January 2002,
375 SCRA 320.
Republic Act 3931
An Act Creating the National Water and Air
Pollution Control Commission provided the
basis for air quality management when it
declared a national policy to maintain
reasonable standards for purity for the water
and the atmospheric air vis-à-vis their
utilization for domestic, agricultural, industrial
and other legitimate uses.
Presidential Decree 984 (1976)

Presidential Decree 984 revising


RA 3931 elaborated the policy of
RA 3931 by including the control
of land pollution and all other kinds
of pollution and environmental
disturbances like noise and odor.
PD 984 National Pollution
Control Decree
AKA Pollution Control Law of 1976
Prohibits the throwing, running,
draining or otherwise disposing into
any of the water, air and/or land
resources any organic or inorganic
matter or any substance in gaseous or
liquid form that shall cause pollution
thereof.
Sources of Air Pollution
The Clean Air Act covers all potential
sources of air pollution:
(1) Mobile Sources (eg. Motor vehicles);
(2) Point or Stationary Sources (eg.
Industrial plants); and
(3) Area Sources (eg. Wood or Coal
burning)
Penalties for Smoke belching

Smoke belching vehicles on the road will


undergo emission testing. Violators will be
subject to the following fines/penalties:

1st Offense P 1,000.00


2nd Offense P 3,000.00
3rd Offense P 5,000.00 plus a seminar on
pollution management.
Prohibitions in CAA

In order to achieve clean air, we need clean


fuels. The CAA provides for the:
1. complete phase-out of leaded gasoline;
2. lowering of the sulfur content of
industrial and automotive diesel;
3. lowering of aromatics and benzene in
unleaded gasoline.
Water Pollution
Any physical (temperature, oxygen), chemical
(mercury), or biological (disease, sewage)
change to water that adversely affects its use by
human beings.
PD 984 National Pollution
Control Decree (1976)
Prohibits the throwing, running,
draining or otherwise disposing into
any of the water, air and/or land
resources any organic or inorganic
matter or any substance in gaseous or
liquid form that shall cause pollution
thereof.
Permit Requirements
Permit requirements for the discharge of industrial wastes and
other wastes

i. The construction, installation,


modification or operation of any
sewage works or extentions
thereof;
Permit Requirements
Permit requirements for the discharge of industrial wastes and
other wastes

The increase in volume of wastes in


ii.

excess of the permitted discharge


under the existing permit;
Permit Requirements
Permit requirements for the discharge of industrial wastes and
other wastes
iii. The construction or operation of any
industrial/commercial establishment which
would cause an increase in the discharge of
wastes 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.
RA 9275: Philippine Clean Water
Act of 2004
The law aims to protect the
country’s water bodies from
land-based pollution sources
(industries and commercial
establishments, agriculture and
community/household activities)
RA 9275: Philippine Clean Water
Act of 2004
It provides for a comprehensive
and integrated strategy to prevent
and minimize pollution through a
multi-sectoral and participatory
approach involving all the
stakeholders.
PROHIBITED ACTS UNDER
SECTION 27 OF RA 9275
Discharging or depositing materials
that could pollute any water body

Discharging regulated pollutants without a


valid discharge permit

Undertaking activities in
violation of P.D. 1586
PROHIBITED ACTS UNDER
SECTION 27 OF RA 9275
Transport or discharge of prohibited
chemicals under RA 6969

Transport or dumping of solid wastes


under R.A. 9003

Transport or dumping of solid


wastes into sea waters
PROHIBITED ACTS UNDER
SECTION 27 OF RA 9275
Transport or dumping of solid
wastes into sea waters

Refusal to allow entry, inspection, and


monitoring by the DENR

Refusal to allow access to relevant


reports
PROHIBITED ACTS UNDER
SECTION 27 OF RA 9275
Refusal or Failure to
submit reports whenever
required by DENR

Refusal or Failure to
designate Pollution
Control Officers
Discharge Permit
Under the Act, discharges of wastewater
shall be controlled. Owners or operators
of facilities that discharge wastewater are
required to secure a permit to discharge
from the EMB or the Laguna Lake
Development Authority.
Domestic Wastewater
The Department of Public Works and Highways
(DPWH), in coordination with local government
units (LGUs) will prepare a national program on
sewage and septage management.

LGUs are to provide the land including road


right of the way for the construction operations
and maintenance of said facilities.
Noise Pollution
Noise can be simply defined as unwanted
sound.

The sound is pleasant or not depending upon


its loudness, duration, rhythm and the mood
of the person.
Noise Pollution

Noise pollution results in irritation and anger.

Noise Levels: Decibels (dB)


• Intensity
• Frequency
• Periods of exposure and
• Duration
Civil Code Provision
Civil Code broadly classified
excessive noise as nuisance. In
Velasco v Meralco, SC held that
noise continuously emitted by an
electric substation constitutes an
actionable nuisance.
Article 19 and 20
Civil Code of the Philippines
Article 19. Every person must,
in the exercise of his rights and
in the performance of his duties,
act with justice, give everyone
his due, and observe honesty
and good faith.
Article 19 and 20
Civil Code of the Philippines

Article 20. Every person who,


contrary to law, wilfully or
negligently causes damage to
another, shall indemnify the latter
for the same.
Unjust Vexation
Unjust vexation is punished under the 2nd
paragraph of Article 287 of the Revised
Penal Code:
“Any other coercions or unjust vexations
shall be punished by arresto menor or a fine
ranging from 5 pesos to 200 pesos, or
both.”
Nuisance
Article 694 of the Civil Code defines nuisance as any
act, omission, establishment, business, condition or
property or anything else that:
1) Injuries or endangers the health or safety of others;
2) Annoys or offends the senses;
3) Shocks, defies or disregards decency or morality;
4) Obstructs or interferes with the free passage of any
pubic highway or street, or any body of water, or,
5) Hinders or impairs the use of property.
Kinds of Nuisance
A nuisance may be per se or per
accidens, A nuisance per se is that
which affects the immediate safety of
persons and property and may
summarily be abated under the
undefined law of necessity.

(Gancayco vs MMDA GR No, 177807)


Republic Act No. 4136 (1964)
Land Transportation Code
In relation to noise pollution

Republic Act 4136: No mufflers on motor


vehicles in order to prevent or minimize the
emission of exceptionally loud, startling or
disagreeable sounds in the operation of said
vehicles.
Presidential Decree No 96 (1973)
Presidential Decree No 96 (1973) further
regulated the use or attachments of
sirens, bells horns, whistles and other
similar gadgets that produce exceptionally
loud or startling sounds, including dome
lights, blinkers and similar signaling or
flashing devices, unless authorized or
allowed to use the same.
Presidential Decree No 96 (1973)
Offenders are liable to imprisonment
for six months and/or a fine of P600 in
addition to cancellation or renovation
of the certificate of registration of the
motor vehicle on which the
unauthorized gadget or device is
installed.
Presidential Decree 1096 (1977)
(National Building Code of the Philippines
Presidential Decree 1096 (1997) (National
Building Code of the Philippines) requires all
industrial establishments to provide positive
noise abatement devices to tone down the
noise level of equipment and machineries in
accordance with the acceptable levels laid down
by the Department of Environment and Natural
Resources (DENR).
RA 6969: Philippine Toxic Substances and
Hazardous and Nuclear Waste Act 1990

The Act provides the legal framework for


the Philippines to control and manage the
importation, manufacture, processing,
distribution, use, transport, treatment
and disposal of toxic substances and
hazardous and nuclear wastes.
Chemical Control Order (CCO)

A Chemical Control Order (CCO) is issued


by the DENR to prohibit, limit or regulate
the use, manufacture, import, export,
transport, processing, storage, possession
and wholesale of priority chemicals that are
determined to be regulated, phased-out, or
banned because of the serious risks they
pose to public health and the environment.
Prohibited Chemicals
Of the 48 toxic chemicals listed in the Priority
Chemical List (PCL), SIX (6) have already been
covered by CCOs in the form of DAOs. These
CCOs are for: mercury (DAO 97-380, cyanide
(DAO 97-39), asbestos (DAO 2000-02), ozone-
depleting substances (DAO 2000-18), and
polychlorinated biphenyls (DAO 2004-01)
Also: lead (in relation to Clean Air Act)
RA 9003: Philippine Ecological Solid Waste
Management Act (PESWMA) of 2000

It provides the legal framework for the


country’s systematic, comprehensive, and
ecological solid waste management
program that shall ensure protection of
public health and the environment.
Key features of the Solid Waste
Management Act
1. Creation of the National Solid Waste
Management Commission (NSWMC), the
Ecology Center (NEC), and the Solid Waste
Management Board (NSWMB) in every
province, city and municipality in the country.
Key features of the Solid Waste
Management Act
2. Formulation of 10-year SW plans by local
government units;
3. Mandatory segregation of SW to be conducted at
the source;
4. Setting of minimum requirements to ensure
systematic collection and transport of wastes and the
proper protection of garbage collectors’ health;
5. Establishment of reclamation programs and buy-
back centers for recyclable and toxic materials;
Key features of the Solid Waste
Management Act
6. Promotion of eco-labeling and prohibition on non-
environmentally acceptable products and packaging;
7. Establishment of Materials Recovery Facility
(MRF) in every barangay or cluster of barangays;
8. Prohibition against the use of open dumps and
setting of guidelines/criteria for the establishment of
controlled dumps and sanitary landfills;
Key features of the Solid Waste
Management Act
9. Provision of rewards, grants and incentives both
monetary and non-monetary to encourage LGUs and
the public to undertake effective SW management;
10. Promotion of research on SWM and
environmental education in the formal and non-formal
sectors.
Functions of NSWMC
(National Solid Waste Management Commission)

The NSWMC shall be responsible in the


formulation of the National Solid Waste
Management Framework (NSWMF) and
other policies on solid waste (SW), in
overseeing the implementation of solid
waste management fund.
Functions of the NEC
(National Ecology Center)
The NEC, on the other hand shall
be responsible for consulting,
information, training and
networking services relative to the
implementation of RA No. 9003
RA 9729:
Climate Change Act of 2009
RA 9729 aims to systematically integrate
the concept of climate change in the policy
formulation and development plans of all
government agencies and units, to the end
that the government will be
prepared for the impact of climate
change.
RA 9512: Environmental Awareness
and Education Act of 2008
It’s an Act to promote environmental
awareness through Environmental
Education (EE) and covers the integration
of EE in the school curricula at all levels,
be it public or private, including daycare,
preschool, non-formal, technical,
vocational, indigenous learning and out-of-
school youth courses or programs.
The Philippine Fisheries Code of 1998

It regulates all aquatic and fishery


resources whether inland, coastal and
fishing areas including but not limited to
fishponds, fish pens and cages as well as
all lands devoted to aquaculture or
businesses relating to fishery, whether
public or private lands.
The Philippine Fisheries Code of 1998

The provisions of the Code are enforced in all


Philippine waters over which the Philippines has
sovereignty and jurisdiction including the Exclusive
Economic Zone (EEZ) and continental shelf.

PD 1599 (1978): 200 nautical miles from baseline.


RA 9522 (2009): Kalayaan Island Group and Bajo
de Masinloc (Scarborough Shoal)
Prohibited Acts under the
Philippine Fisheries Code
1. Unauthorized fishing or engaging in other unauthorized
fisheries activities;
2. Poaching in Philippine waters;
3. Fishing through explosives, noxious or poisonous
substance and/or use of electricity;
4. Use of fine mesh net;
5. Use of active gear in the municipal waters and bays and
other fishery management areas;
6. Ban on coral exploitation and exportation;
7. Ban on muro-ami, other methods and gear destructive
to coral reefs and other marine habitat;
Prohibited Acts under the
Philippine Fisheries Code
8. Illegal use of super lights; (fishing light
attractor)
9. Conversion of mangroves;
10. Fishing in overfished areas and during closed
season;
11. Fishing in fishery reserves, refuge and
sanctuaries;
12. Fishing or taking of rare, threatened or
endangered species;
Prohibited Acts under the
Philippine Fisheries Code
13. Capture of Sabalo and other
breeders/spawners; (sabalo: large spanish fish)
(breeders are animals that breed in a particular way,
spawners are eggs of aquatic animals)
14. Exportation of breeders, spawners, eggs or fry;
15. Importation or exportation of breeders, fish or
fishery species;
16. Violation of catch ceilings;
17. Aquatic pollution