Atty. Falconi V. Millar, CPA. Philippine Constitution Section 16, Article II of the 1987 Philippine Constitution The State shall protect and advance the

Atty. Falconi V. Millar, CPA

OVERVIEW OF PHILIPPINE ENVIRONMENTAL LAWS FOR POLLUTION CONTROL OFFICER

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;


• Fulfill the social, economic, and other requirements of present and future generations of Filipinos; and


• 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

PHILIPPINE ENVIRONMENTAL LAWS

PD 1586The 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)

• 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 projectsi. Dikes and fishpond development projects

Examples of Resource Extractive Industries

• Major dams• Major power plants (fossil-fueled,

nuclear-fueled, hydro-electric or geothermal)

• Major reclamation projects• Major roads and bridges

Examples of Infrastructure Project

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)


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);


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 ControlControl 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;


b) Attain and maintain a balance between development and environmental protection; and


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.

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.

PD 984 National Pollution Control Decree (1976)

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


ii. The increase in volume of wastes in excess of the permitted discharge under the existing permit;

Permit Requirements


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


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


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


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 20Civil 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 20Civil 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.”

NuisanceArticle 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.

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;


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;


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;


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;


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

Thank you!

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Documents

Atty. Falconi V. Millar, CPA. Philippine Constitution Section 16, Article II of the 1987 Philippine Constitution The State shall protect and advance the