Republic of the Philippines

OCCIDENTAL MINDORO STATE COLLEGE

Rizal Street, San Jose, Occidental Mindoro 5100
Website: www.omsc.edu.ph Email address: [email protected]
Tele/Fax: (043) 491-1460

COLLEGE OF ARCHITECTURE, ENGINEERING and TECHNOLOGY

Main Campus

BACHELOR OF SCIENCE IN CIVIL ENGINEERING

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PROGRAM

ENVIRONMENTAL SCIENCE AND ENGINEERING BSCE 2A

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SUBJECT AND SECTION

PHILIPPINE ENVIRONMENTAL LAWS AND PROVISIONS

________________________________________________________________
TITLE OF THE REPORT/ACTVITY/ASSIGNMENT

CATCHILLAR, PRECIOUS ANTONETTE M.

___________________________________________
NAME

FEBRUARY 12, 2022

___________________________________________
DATE Rating

DR NORMA B MUYOT
___________________________________________ __________________________________________
GROUP NUMBER INSTRUCTOR
 PHILIPPINE ENVIRONMENTAL LAWS AND PROVISIONS

According to the Phillipe Sands (2003) environmental law is a collective

term encompassing aspects of the law that provide protection to the environment. As stated by the World
Bank (2009), the Philippines has sound and comprehensive environmental laws and policies.

WATER ENVIRONMENT

REPUBLIC ACT 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) It provides for a comprehensive
and integrated strategy to prevent and minimize pollution through a multi-sectoral and participatory approach
involving all the stakeholders. Under the Act, discharges of wastewater shall be controlled. Owners or
operators of facilities that discharge wastewater are required to get a permit to discharge from the EMB or
the Laguna Lake Development Authority. Domestic wastewater will be addressed accordingly. 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. On the other hand, LGUs are to
provide the land including road right of the way for the construction of sewage and/or septage treatment
facilities and raise funds for the operations and maintenance of said facilities. The Department of Health
(DOH) will formulate guidelines and standards for the collection, treatment and disposal of sewage as well
as the guidelines for the establishment and operation of centralized sewage treatment system. The water
district will provide water supply and sewerage facilities and to connect existing sewage lines, subject to the
payment of sewerage service charges/fees within five years following effectivity of this Act. Anyone
discharging wastewater into a water body will have to pay a wastewater charge. This economic instrument
will encourage investments in cleaner production and pollution control technologies to reduce the amount of
pollutants generated and discharged.

RA 6969: Philippine Toxic Substances and Hazardous and Nuclear Waste Act

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.

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. Of the 48 toxic chemicals listed in the Priority Chemical List (PCL), five have
already been covered by CCOs in the form of DAOs. These CCOs are for: mercury (DAO 97-38), cyanide
(DAO 97-39), asbestos (DAO 2000-02), ozone-depleting substances (DAO 2000 18), and polychlorinated
biphenyls (DAO 2004-01).

REPUBLIC ACT NO. 8550 THE PHILIPPINE FISHERIES CODE OF 1998

THE PHILIPPINE FISHERIES CODE OF 1998 WAS ENACTED INTO LAW TO ACHIEVE FOOD
SECURITY; LIMIT ACCESS TO THE FISHERY AND AQUATIC RESOURCES OF THE PHILIPPINES FOR
THE EXCLUSIVE ENJOYMENT OF FILIPINO CITIZENS; ENSURE THE RATIONAL AND SUSTAINABLE
DEVELOPMENT, MANAGEMENT AND CONSERVATION OF THE FISHERY
 Is the response to address the trend of blind resource exploitation. This Act, otherwise known as the
Fisheries Code of 1998, is the governing law in Philippine fisheries to address the interconnected issues of
resource degradation and unrelenting poverty among municipal fishers. It provides for a national policy on
sustainable use of fishery resources to meet the growing food needs of the population. It calls for
management of fishery and aquatic resources in a manner that is consistent with the concept of an integrated
coastal area management in specific natural fishery management areas.

The Code also promotes and protects the rights of municipal fisherfolk, especially in the preferential use of
municipal waters. Resident fisherfolks and their cooperatives/organizations are given the priority to exploit
the expanded 15-kilometer limit of municipal waters. It further mandates the government to promote the
general welfare of municipal fishers through provision of support services and fair labor practices.

The Fisheries Code was passed by the Philippine Congress on 19 February 1998 and was subsequently
approved by the Office of the President on 25 February 1998. The law became effective on 23 June 1998. It
contains nine (9) chapters with provisions on utilization, management, development, conservation and
allocation system of fisheries and aquatic resources; reconstitution of the Bureau of Fisheries and Aquatic
Resources and creation of the Fisheries and Aquatic Resources Management Councils; fishery
reserves, refuge and sanctuaries; and research and development. One chapter each is dedicated for
prohibitions and penalties; general provisions; transitory and final provisions.

Efforts to address resource degradation:

Overfished or in danger of being overfished areas are established as fish refuge and marine
sanctuaries. These are designated areas where fishing and other forms of activities that may damage the
ecosystem are regulated, restricted or prohibited, depending on their degree of harm. The law also provides
that at least 15% of the total coastal areas in each municipality should be designated as fishery refuge and
sanctuaries to establish more fish sanctuaries and marine protected areas.

Participatory management through various levels of Fisheries and Aquatic Resources

Management Councils (FARMCs) is enhanced and institutionalized by the law. FARMCs are established
in the national level and all municipalities/cities abutting municipal waters to act as an advisory and
recommendatory body and to assist in the enforcement of ordinances and other fishery laws, rules and
regulations. The combination of organized fishers and local government units (LGUs) is intended to serve as
a venue for close collaboration among civil society groups in the management of contiguous resources.

Violation of the above shall subject the offender to a fine from Two thousand pesos (P2,000.00) to
Twenty thousand pesos (P20,000.00) or imprisonment form six (6) months to tow (2) years or both such fine
and imprisonment at the discretion of the court: Provided, That the owner/operator of the commercial fishing
vessel who violates this provisions shall be subjected to the same penalties provided herein: Provided, finally,
That the Department is hereby empowered to impose upon the offender an administrative fine and/or cancel
his permit or license or both.
PRESIDENTIAL DECREE NO. 1067 THE WATER CODE OF THE PHILIPPINES

A decree instituting a water code, thereby revising and consolidating the laws governing the
ownership, appropriation, utilization, exploitation, development, conservation and protection of water
resources.

Art. 2. The objectives of this Code are:

a. To establish the basic principles and framework relating to the appropriation, control and conservation of
water resources to achieve the optimum development and rational utilization of these resources;

b. To define the extent of the rights and obligation of water users and owners including the protection and
regulation of such rights;

c. To adopt a basic law governing the ownership, appropriation, utilization, exploitation, development,
conservation and protection of water resources and rights to land related thereto; and

d. To identify the administrative agencies which will enforce this Code.

Art. 3. The underlying principles of this code are:

a. All waters belong to the State.

b. All waters that belong to the state cannot be the subject to acquisitive prescription.

c. The State may allow the use or development of waters by administration concession.

d. The utilization, exploitation, development, conservation and protection of water resources shall be subject
to the control and regulation of the government through the National Water Resources Council, hereinafter
referred to as the Council.

Art. 9. Waters may be appropriated and used in accordance with the provisions of this Code.

Appropriation of water, as used in this Code, is the acquisition of rights over the use of waters or the taking
or diverting of waters from a natural source in the manner and for any purpose allowed by law.

Art. 10. Water may be appropriated for the following purposes:

a. Domestic; g.Industrial;

b. Municipal; h.Recreational;and

c. Irrigation; i.Other purposes

d. Power generation;

e. Fisheries;

f. Livestock raising;
Art. 11. The state, for reasons of public policy, may declare waters not previously appropriated, in whole or
in part, exempt from appropriation for any or all purposes and, thereupon, such waters may not be
appropriated for those purposes.

Art. 16. Any person who desires to obtain a water permit shall file an application with the Council who shall
make known said application to the public for any protests.

In determining whether to grant or deny an application, the Council shall consider the following: protests filed,
if any; prior permits granted; the availability of water; the water supply need for beneficial use; possible
adverse effects; land-use economics; and other relevant factors.

Upon approval of an application, a water permit shall be issued and recorded.

Art. 17. The right to the use of water is deemed acquired as of the date of filing of the application for a water
permit in case of approved permits, or as of the date of actual use in a case where no permit is required.

Art. 18. All water permits granted shall be subject to conditions of beneficial use, adequate standards of
design and construction, and such other terms and conditions as may be imposed by the Council.

Such permits shall specify the maximum amount of water which may be diverted or withdrawn, the maximum
rate diversion or withdrawal, the time or times during the year when water may be diverted or withdrawn, the
points or points of diversion or location of wells, the place of use, the purpose for which water may be used
and such other requirements the Council deems desirable.

Art. 19. Water rights may be lent or transferred in whole or in part to another person with prior approval of
the Council, after due notice and hearing.

Presidential Decree No. 600 and PRESIDENTIAL DECREE No. 979

“PREVENTION AND CONTROL OF MARINE POLLUTION”

It is hereby declared a national policy to prevent and control the pollution of seas by the dumping of
wastes and other matter which create hazards to human health, harm living resources and marine life,
damage amenities, or interfere with the legitimate uses of the sea within the territorial jurisdiction of the
Philippines.

Prohibited Acts. Except in cases of emergency imperiling life or property, or unavoidable accident,
collision, or stranding or in any cases which constitute danger to human life or property or a real threat to
vessels, aircraft, platforms, or other man-made structure, or if damping appears to be the only way of averting
the threat and if there is probability that the damage consequent upon such dumping will be lees than would
otherwise occur, and except as otherwise permitted by regulations prescribed by the National Pollution
Control Commission or the Philippine Coast Guard, it shall be unlawful for any person to

(a) discharge, dump or suffer, permit the discharge of oil, noxious gaseous and liquid substances and other
harmful substances from or out of any ship, vessel, barge, or any other floating craft, or other man-made
structures at sea, by any method, means or manner, into or upon the territorial and inland navigable waters
of the Philippines;
(b) throw, discharge or deposit, dump, or cause suffer or procure to be thrown, discharged, or deposited
either from or out of any ship, barge, or other floating craft of vessel of any kind, or from the shore, wharf,
manufacturing establishment, or mill of any kind, any refuse matter of any kind or description whatever other
than that flowing from streets and sewers and passing therefrom in a liquid state into tributary of any navigable
water from which the same shall float or be washed into such navigable water; and

(c) deposit or cause, suffer or procure to be deposited material of any kind in any place on the bank of any
navigable water or on the bank of any tributary of any navigable water, where the same shall be liable to be
washed into such navigable water, either by ordinary or high tides, or by storms or floods, or otherwise,
whereby navigation shall or may be impeded or obstructed or increased the level of pollution of such water.
It shall be the primary responsibility of the National Pollution Control Commission to promulgate national rules
and policies governing marine pollution, including but not limited to the discharge of effluents from any outfall
structure, industrial and manufacturing establishments or mill of any kind to the extent that it is regulated
under the provisions of Republic Act Numbered Three Thousand Nine Hundred Thirty-One, and to issue the
appropriate rules and regulations upon consultation with the Philippine Coast Guard.

The Philippine Coast Guard shall promulgate its own rules and regulations in accordance with the national
rules and policies set by the National Pollution Control Commission upon consultation with the latter, for the
effective implementation and enforcement of this decree and other applicable laws, rules and regulations
promulgated by the government.

The rules and regulations issued by the National Pollution Control Commission or the Philippine Coast Guard
shall not include deposit of oyster, shells, or other materials when such deposit is made for the purpose of
developing, maintaining or harvesting fisheries resources and is otherwise regulated by law or occurs
pursuant to an authorized government program: Provided, That the Philippine Coast Guard, whenever in its
judgment navigation will not be injured thereby and upon consultation with and concurrence of the National
Pollution Control Commission, may permit the deposit of any of the materials above-mentioned in navigable
waters, and whenever any permit is so granted, the conditions thereof shall be strictly complied with. Any
person who violates of this Decree or any regulations prescribed in pursuance thereof, shall be liable for a
fine of not less than Two Hundred Pesos nor more than Ten Thousand Pesos or by imprisonment of not less
than thirty days nor more than one year or both such fine and imprisonment, for each offense, without
prejudice to the civil liability of the offender in accordance with existing laws.

SOIL/GEOGRAPHIC ENVIRONMENT

REPUBLIC ACT 9003 ECOLOGICAL SOLID WASTE MANAGEMENT ACT OF 2000

In partnership with stakeholders, the law aims to adopt a systematic, comprehensive and ecological
solid waste management program that shall ensure the protection of public health and environment. The law
ensures proper segregation, collection, storage, treatment and disposal of solid waste through the formulation
and adaptation of best eco-waste products.
AIR ENVIRONMENT

REPUBLIC ACT 8749 PHILIPPINE CLEAN AIR ACT OF 1999

The law aims to achieve and maintain clean air that meets the national air quality guideline values for criteria
pollutants, throughout the philippines, while minimizing the possible associated impacts to the economy.

Provides for a comprehensive air quality management policy and program which aims to achieve
and maintain healthy air for all Filipinos. The DENR Secretary, upon recommendation of the EMB, will divide
the country into different airsheds. Airsheds are to be designated based on climate, weather, meteorology,
and topology, which affect the mixture and diffusion of pollutants in the air, share common interests or face
similar development problems. These will be managed by multi-sectoral Governing Boards chaired by the
DENR Secretary with representatives from concerned government agencies, the private sector, NGOs and
LGUs. The Clean Air Act covers allpotential sources of air pollution, to wit: (1) Mobile Sources (eg. motor
vehicles); (2) Point or Stationary Sources (eg. industrial plants); and (3) Area Sources (eg. wood or coal
burning) 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.

In order to achieve clean air, we need clean fuels. The CAA provides for the complete phase-out of leaded
gasoline; lowering of the sulfur content of industrial and automotive diesel; lowering ofaromatics and benzene
in unleaded gasoline. Stationary sources must comply with the National Emission Standards for Source
Specific Air Pollutants (NESSAP) and National Ambient Air Quality Standards (NAAQS) and must
secure their permit to operate, prior to operation. A business firm is fined of not more than P100,000 for every
day of violation until such time that standards are met or imprisonment of not less than 6 years but not more
than 10 years upon the discretion of the court. The Pollution Adjudication Board (PAB) adjudicates all
environmental cases.

PRESIDENTIAL DECREE No. 1181- PROVIDING FOR THE PREVENTION, CONTROL AND
ABATEMENT OF AIR POLLUTION FROM MOTOR VEHICLES AND FOR OTHER PURPOSES

It is the purpose of this Decree to prevent, control, and abate the emission of air pollution from motor
vehicles in order to protect the health and welfare of the people and to prevent or minimize damage to
property and hazards to land transportation. The National Pollution Control Commission, in cooperation with
the National Science Development Board, Department of Energy, Department of Industry, and Land
Transportation Commission, shall promulgate rules and regulations for appropriate control measures to
implement and attain the objectives of this Decree, which shall include but shall not be confined to the
following: (1) establishment of maximum allowable emission of specific air pollutants for all classes, types or
models of motor vehicles currently registered and for new motor vehicles not yet registered; (2) specifications
of the kind of pollution control device(s) which may be required to be installed on such motor vehicles; (3)
regulations for the distribution, sale, registration and use of motor vehicles (4) specifications for the correct
motor fuels to be used by various types of motor vehicle engines; (5) setting of date or dates of effectivity of
certain rules and regulations governing particular subject matter; (6) requirement for the issuance and life of
certificate of compliance; and (7) procedure with respect to hearings which shall not be bound by technical
rules of evidence.

Any person violating this decree and/or its implementing rules and regulations involving the same vehicle
shall, for the first offense, be liable to a fine of not exceeding P200.00; for the second offense, to a fine of not
exceeding P500.00; and for the third and succeeding offense to a fine of not exceeding P1,000.00 plus the
suspension of his vehicle's certificate of registration, until such time as he shall have complied with the
requirements of the regulations.

ECOSYSTEM

REPUBLIC ACT 6969 TOXIC SUBSTANCES, HAZARDOUS AND NUCLEAR WASTE CONTROL ACT OF
1990

The law aims to regulate restrict or prohibit the importation, manufacture, processing, sale,
distribution, use and disposal of chemical substances and mixtures the present unreasonable risk to human
health. It likewise prohibits 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

PRESIDENTIAL DECREE 1586 ENVIRONMENTAL IMPACT STATEMENT (EIS) STATEMENT OF 1978

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. 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). In general, only projects that pose potential significant impact to the environment shall be
required to secure an ECC. In determining the scope of the EIS System, two factors are considered: (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. Environmental Impact
Assessment (EIA) is the process that involves evaluating and predicting the likely impacts of a projecton the
environment during construction, commissioning, operation and abandonment. It is undertaken by, among
others, the project proponent and/or EIA Consultant, EMB, a Review Committee, affected communities and
other stakeholders. An ECC is a document issued by the DENR/EMB after a positive review of an ECC
application, certifying that based on the representations of the proponent, the proposed project or undertaking
will not cause significant negative environmental impact. The ECC also certifies that the proponent has
complied with all the requirements of the EIS System and has committed to implement its approved
Environmental Management Plan.

PD 705 REVISED FORESTRY CODE OF THE PHILIPPINES

Features of the Law:

a) Creation of, and merger of all forestry agencies into, the Bureau of Forest Development.
b) The law mandated the DENR Secretary to study, devise, determine and prescribe the criteria, guidelines
and methods for the proper and accurate classification and survey of all lands of the public domain into
 agricultural, industrial or commercial, residential, resettlement, mineral, timber or forest, and grazing
lands, and into such other classes provided by law.
c) Utilization and of any forest land, or any activity therein, involving one or more of its resources should be
confined to that which will produce the optimum benefits to the development and progress of the country
and public welfare.
d) Certain grants or privileges may be made available to qualified persons by means of lease, license,
license agreement or permit.
e) The continued privilege to harvest timber shall be subject to the condition that the licensee shall reforest
all the areas which shall be determined by the Bureau.
f) Production of logs by all licensees is required to be processed locally, and to that end the establishment
of an integrated wood industry (establishment of wood processing plants), are to be given incentives.
g) Criminal Offenses under the code are the following:
a) Cutting, gathering and/or collecting timber or other products without license.
b) Unlawful occupation or destruction of forest lands.
c) Pasturing Livestock in forest lands without authority
d) Illegal occupation of national parks system and recreation areas and vandalism therein.
e) Destruction of wildlife resources.
f) Survey by unauthorized person.
g) Misclassification and survey by government official or employee.
h) Issuance of tax declaration on real property without proper certification from the Director of Forest
Development and the Director of the Land Management Bureau.
i) Coercing, and influencing the public offer or employee to commit the two preceding offenses.
j) Unlawful possession of implements and devices used by forest officers.
k) Failure to pay the amount due and payable under the provisions of this Code, the National Internal
Revenue Code, or the implementing rules and regulations.
l) Sale of wood products with compliance to grading rules established by the Government.

REPUBLIC ACT 3571

AN ACT TO PROHIBIT THE CUTTING, DESTROYING, OR INJURING OF PLANTED OR GROWING

TREES FLOWERING PLANTS, AND SHRUBS OR PLANTS OF SCENIC VALUE ALONG PUBLIC ROADS,
IN PLAZAS, PARKS, SCHOOL PREMISES, OR IN ANY OTHER PUBIC GROUND.

Features:

a) No cutting, destroying, or injuring of planted or growing trees along public roads, in plazas parks, school
premises, or in any other public ground.
b) Violators shall be punished by prison correctional in its minimum period t prison mayor in its minimum
period.

PRESIDENTIAL DECREE 1153 REQUIRING THE PLANTING OF ONE TREE EVERY MONTH FOR FIVE
CONSECUTIVE YEARS BY EVERY CITIZENS OF THE PHILIPPINES

Features:

a) The trees to be planted shall be fruit-bearing, shade, ornamental or forest trees which should be taken
cared of for at least two years.
b) Violators shall punished with a fine of not more than P1000 or disqualification to acquire or enjoy any
privilege granted exclusively to citizens of the Philippines; and for a period of 5 years e disqualified to
hold public office, to graduate from any educational institution at all levels, to take any bar, or board, or
civil service examination, and to practice any profession licensed by the Supreme Court or the
Professional Regulation Commission.
PRESIDENTIAL DECREE 953 THE PLANTING OF TREES IN CERTAIN PLACES AND PENALIZING
UNAUTHORIZED CUTTING, DESTRUCTION, DAMAGING, AND INJURING CERTAIN TREES, PLANTS
AND VEGETATION

Features:

a) Planting of trees on lands adjoining the edge of rivers and creeks

Planting of trees along roads and areas intended for the common use of owners of lots in subdivisions.

RA NO. 9729 CLIMATE CHANGE ACT OF 2009

This law calls for the State to integrate the concept of climate change in various phases of policy
formulation, development plans, poverty reduction strategies, and other government development tools and
techniques.

Likewise, the government shall encourage the participation of the national and local government, businesses,
non-government organizations (NGOs), and local communities and public to mitigate the adverse effects of
climate change.

REFERENCES:

“WORLD BANK. 2009. THE PHILIPPINES : COUNTRY ENVIRONMENTAL ANALYSIS. WORLD BANK. ©
WORLD BANK. HTTPS://OPENKNOWLEDGE.WORLDBANK.ORG/HANDLE/10986/3178 LICENSE: CC
BY 3.0 IGO.”

HTTPS://WWW.ECOLEX.ORG/DETAILS/LEGISLATION/STRATEGIC-ENVIRONMENTAL-PLAN-SEP-
FOR-PALAWAN-ACT-NO-7611-LEX-
FAOC019797/#:~:TEXT=AN%20ACT%20ADOPTING%20THE%20STRATEGIC,THEREFOR%2C%20AN
D%20FOR%20OTHER%20PURPOSES.

HTTPS://WWW.CHANROBLESBAR.COM/
Phillipe Sands (2003) Principles of International Environmental Law. 2nd Edition. p. xxi