ENVIRONMENTAL

LAWS &
PROTECTION
(CDI 109)

SEMI-FINAL COVERAGE
 EO 26 S. 2011
Section 2. Coverage. The National Greening Program shall plant some 1.5 Billion trees
covering about 1.5 Million hectares for a period of six (6) years from 2011 to 2016, in the
following lands of the public domain:
2.1 Forestlands
2.2 Mangrove and protected areas
2.3 Ancestral domains
2.4 Civil and military reservations
2.5 Urban areas under the greening plan of the LGUs
2.6 Inactive and abandoned mine sites; and
2.7 Other suitable lands
Section 3.1.1 All students, identified by the DepEd and CHED and all government
employees shall be individually required to plant a minimum of ten (10) seedlings per
year in areas determined by the Convergence Initiative. Private sectors and civil society
groups shall likewise be encouraged to participate in the NGP.

Green Courts, 2008

Supreme Court Administrative Order No. 23-2008, January 08, 2008, Re: Designation of
Special Courts (list of courts) to hear, decide and try environment cases
List of courts:
117 designated GREEN COURTS (CITIZEN’S HANDBOOK ON ENVIRONMENTAL
JUSTICE)
REGION VII (Second Level Courts)
RTC BRANCH 23 – CEBU CITY
RTC BRANCH 28 – MANDAUE CITY
RTC BRANCH 54 – LAPU-LAPU CITY
RTC BRANCH 34 – DUMAGUETE CITY
RTC BRANCH 47 – TAGBILARAN CITY
 Writ of Kalikasan
(A.M. No. 09-6-8-SC : Rules of Procedure for Environmental Cases Effective April 29,
2010)
An ordinary citizen or a juridical entity, PO, NGO or any public interest group can
file a petition to the SUPREME COURT or Stations of the COURT OF APPEALS that
his/her right for a balance or healthful ecology is being violated or threatened with the
violation of the law or omission of a public official or employee or private individual entity
involving environmental damage with magnitude as to prejudice the life, health or
property of inhabitants covering two or more cities or provinces.
If the Petition is granted, it can direct respondents to:
* permanently cease & desist from committing acts or neglecting the performance of
duty in violation of environmental laws resulting in environmental damage;
* public official, government agency, private person or entity to protect, preserve,
rehabilitate or restore the environment; monitor strict compliance with decisions or
orders of the courts; & make periodic reports on the execution of the final judgment.

BROWN LAWS
Refer to laws and rules which deal with the pollution control and the regulation of
activities which could affect the environment. These laws include those which control
hazardous and toxic waste and chemicals, solid waste management.
SCOPE
I. The Philippine Environmental Impact Statement System
(PD 1586)
II. The Toxic Substances and Hazardous and Nuclear Wastes Control Act of 1990
(RA 6969)
III. The Philippine Clean Air Act of 1999
(RA 8749)
IV. The Philippine Clean Water Act of 2004
(RA 9275)
V. The Ecological Solid Waste Management Act of 2000
(RA 9003)
 Common Objective of Brown Laws:
“Right of the People to a Healthful and Balanced Ecology, in accord with the
Rhythm and Harmony of Nature.”
General Mandates of Government Agencies
DENR: the primary government agency responsible for the conservation of the
environment and management of natural resources
EMB: absorbed the functions of the National Environmental Protection Council, National
Pollution Control Commission
PAB: assumed the powers and functions of the Commission/Commissioners of the
National Pollution Control Commission with respect to the adjudication of pollution
cases under Republic Act 3931 and Presidential Decree 984,
MGB: Develop and promulgates standards and operating procedures on mineral
resources development and geology;
LLDA: Enforces the Clean Water Act within the Laguna Lake area.
DOTC: responsible for enforcement of Clean Air Act with respect to mobile sources
DOE: regulates the fuel in the market
LGUs: general police power to protect its constituents including “odor pollution”
 REPUBLIC ACT NO. 6969
“Toxic Substances and Hazardous and Nuclear Wastes Control Act of 1990.”
Declaration of Policy
— It is the policy of the State to REGULATE, RESTRICT OR PROHIBIT the
IMPORTATION, MANUFACTURE, PROCESSING, SALE, DISTRIBUTION, USE and
DISPOSAL of chemical substances 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.
THE OBJECTIVES OF THIS ACT ARE:
 TO KEEP AN INVENTORY of chemicals that are presently being imported,
manufactured, or used, indicating, among others, their existing and possible uses, test
data, names of firms manufacturing or using them, and such other information as may
be considered relevant to the protection of health and the environment;
 TO MONITOR AND REGULATE the importation, manufacture, processing, handling,
storage, transportation, sale, distribution, use and disposal of chemical substances and
mixtures that present unreasonable risk or injury to health or to the environment in
accordance with national policies and international commitments;
 TO INFORM AND EDUCATE the populace regarding the hazards and risks attendant to
the manufacture, handling, storage, transportation, processing, distribution, use and
disposal of toxic chemicals and other substances and mixtures;
 TO PREVENT the entry, even in transit, as well as the keeping or storage and disposal
of hazardous and nuclear wastes into the country for whatever purpose.

DEFINITION OF TERMS
 CHEMICAL SUBSTANCE means any organic or inorganic substance of a particular
molecular identity.
 IMPORTATION means the entry of a product or substance 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.
 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.
 HAZARDOUS SUBSTANCES are substances which present either:
 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
  Long-term environmental hazards, including chronic toxicity upon repeated
exposure, carcinogenicity resistance to detoxification process such as
biodegradation, the potential to pollute underground or surface waters, or
aesthetically objectionable properties such as offensive odors.
 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.
 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.
The DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES shall be the
implementing agency tasked with the following functions, powers, and responsibilities
To require chemical substances and mixtures that present unreasonable risk or injury to
health or to the environment to be tested before they are manufactured or imported for
the first time;
To require chemical substances and mixtures which are presently being manufactured
or processed to be tested if there is a reason to believe that they pose unreasonable
risk or injury to health or the environment;
To conduct inspection of any establishment in which chemicals are manufactured,
processed, stored or held before or after their commercial distribution and to make
recommendations to the proper authorities concerned;
To monitor and prevent the entry, even in transit, of hazardous and nuclear wastes and
their disposal into the country;
To disseminate information and conduct educational awareness campaigns on the
effects of chemical substances, mixtures and wastes on health and environment
To subpoena witnesses and documents and to require other information if necessary to
carry out the provisions of this Act and
To call on any department, bureau, office, agency, state university or college, and other
instrumentalities of the Government for assistance in the form of personnel, facilities,
and other resources as the need arises in the discharge of its functions.

INTER-AGENCY TECHNICAL ADVISORY COUNCIL

There is hereby created an Inter-Agency Technical Advisory Council attached to the
Department of Environment and Natural Resources which shall be composed of the
following officials or their duly authorized representatives:
The SECRETARY of Environment and Natural Resources or his duly authorized
representative shall, within ninety (90) days from the date of filing of the notice of
manufacture, processing or importation of a chemical substance or mixture, DECIDE
whether or not to regulate or prohibit its importation, manufacture, processing, sale,
distribution, use or disposal. The Secretary may, for justifiable reasons, extend the
ninety-day pre-manufacture period within a reasonable time.
Classification of Hazardous Waste (IRR of RA 6969)
SEC. 13 Prohibited Acts
A. Knowingly use a chemical substance or mixture which is imported, manufactured,
processed or distributed in violation of this Act or implementing rules and regulations or
orders;
B. Failure or refusal to submit reports, notices or other information, access to records as
required by this Act, or permit inspection of establishment where chemicals are
manufactured, processed, stored or otherwise held;
C. Failure or refusal to comply with the pre-manufacture and pre-importation
requirements; and
D. Cause, aid or facilitate, directly or indirectly, in the storage, importation, or bringing
into Philippine territory, including its maritime economic zones, even in transit, either by
means of land, air or sea transportation or otherwise keeping in storage any amount of
hazardous and nuclear wastes in any part of the Philippines.

SEC 14. Criminal Offenses and Penalties.

The penalty of IMPRISONMENT of six (6) months and one (1) day to six (6) years and
one (1) day and a FINE ranging from Six hundred pesos (P600.00) to Four thousand
pesos (P4,000.00) shall be imposed upon any person who shall violate SECTION 13(A)
TO (C) of this Act and shall not be covered by the Probation Law.
The penalty of IMPRISONMENT of twelve (12) years and one (1) day to twenty (20)
years, shall be imposed upon any person who shall violate SECTION 13(D) of this Act.
If the offender is a foreigner, he or she shall be deported and barred from any
subsequent entry into the Philippines after serving his or her sentence
The PERSON OR FIRM responsible or connected with the bringing or importation into
the country of hazardous or nuclear wastes shall be under obligation to transport or
send back said prohibited wastes;
Any and all means of transportation, including all facilities and appurtenances that may
have been used in transporting to or in the storage in the Philippines of any significant
amount of hazardous or nuclear wastes shall at the option of the government be
forfeited in its favor.
SECTION 15. Administrative Fines. — In all cases of violations of this Act, including
violations of implementing rules and regulations which have been duly promulgated and
published in accordance with Section 16 of this Act, the Secretary of Environment and
Natural Resources is hereby authorized to impose a fine of not less than Ten thousand
pesos (P10,000.00), but not more than Fifty thousand pesos (P50,000.00) upon any
person or entity found guilty thereof. The administrative fines imposed and collected by
the Department of Environment and Natural Resources shall accrue to a special fund to
be administered by the Department exclusively for projects and research activities
relative to toxic substances and mixtures.
SECTION 16. Promulgation of Rules and Regulations. — The Department of
Environment and Natural Resources, in coordination with the member agencies of the
Inter-Agency Technical Advisory Council, shall prepare and publish the rules and
regulations implementing this Act within six (6) months from the date of its effectivity.

PD No. 1586
ESTABLISHING AN ENVIRONMENTAL IMPACT STATEMENT SYSTEM, INCLUDING
OTHER ENVIRONMENTAL MANAGEMENT RELATED MEASURES AND FOR
OTHER PURPOSES
Otherwise known as PEISS LAW
ENVIRONMENTAL IMPACT ASSESSMENT (EIA)
is a PROCESS involving predicting and evaluating the likely impacts of a project on the
environment during construction, commissioning, operation and abandonment.
Section 4 of PD 1586
provides that no person, partnership, or corporation shall undertake or operate any such
declared ENVIRONMENTALLY CRITICAL PROJECT (ECP) or AREA (ECA) without first
securing an ENVIRONMENTAL COMPLIANCE CERTIFICATE (ECC).
DENR ADMINISTRATIVE ORDER NO. 2003- 30 (IMPLEMENTING RULES AND
REGULATIONS (IRR) FOR THE PHILIPPINE ENVIRONMENTAL IMPACT
STATEMENT (EIS) SYSTEM)
Section 4. 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) (ii) the sensitivity or vulnerability of environmental resources in the project area.
PROJECT CLASSIFICATION:
 Category A. Environmentally Critical Projects (ECPs) with significant potential to
cause negative environmental impacts
 Category B. Projects that are not categorized as ECPs, but which may cause
negative environmental impacts because they are located in Environmentally
Critical Areas (ECA’s)
  Category C. Projects intended to directly enhance environmental quality or
address existing environmental problems not falling under Category A or B.
 Category D. Projects unlikely to cause adverse environmental impacts.
Environmentally Critical Projects - project or program that has high potential for
significant negative environmental impact.
Environmentally Critical Area (ECA) - area delineated as environmentally sensitive
such that significant environmental impacts are expected if certain types of proposed
projects or programs are located, developed or, implemented in it.

ENVIRONMENTAL COMPLIANCE CERTIFICATE (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 has complied with all the requirements of the EIS System and has
committed to implement its approved Environmental Management Plan, EMP to
address the environmental impacts.
CERTIFICATE OF NON-COVERAGE (CNC)
refers to the document issued by DENR stating that the proposed project is not covered
by the Philippine Environmental Impact Assessment System, therefore, the proponent is
not required to secure an ECC prior to commencement of operation. The issuance of
this certificate shall not exempt the grantee from compliance with applicable
environmental laws, rules and regulations including permitting requirements of other
government agencies.
The Green List : List of Projects Covered by the EIS System
A. Environmentally Critical Projects (ECP)
Heavy Industries
1. Non-ferrous metal industries
2. Iron and steel mills
3. Petroleum and petro-chemical industries, including oil and gas
4. Smelting plants
Resource Extractive Industries
1. Major mining and quarrying industries
2. Forestry projects
 a. Logging
b. Major wood processing projects
c. Introduction of fauna (exotic animals) in public/private forests
d. Forest occupancy
e. Extraction of mangrove products
f. Grazing

3. Fishery projects
a. Dikes for/and fishpond development projects
Infrastructure projects
1. Major dams
2. Major power plants (fossil-fueled, nuclear-fueled, hydro-electric, or
geothermal)
3. Major reclamation projects
4. Major roads and bridges
Golf course projects

B. Projects located in Environmentally Critical Areas (ECAs)

· All areas declared by law as national parks, watershed reserves, wildlife preserves,
and sanctuaries;
· Areas set aside as aesthetic potential tourist spots;
· Areas which constitute the habitat for any endangered or threatened species of
indigenous Philippine wildlife (flora and fauna)
· Areas of unique historic, archeological or scientific interest
· Areas which are traditionally occupied by cultural communities or tribes (indigenous
cultural communities)
· Areas frequently visited and/or hard-hit by natural calamities (geologic hazards, floods,
typhoons, volcanic activity, etc.)
· Areas with critical slopes
· Areas classified as prime agricultural lands
· Recharged areas of aquifers
· Water bodies characterized by one or any combination of the following conditions:
1. tapped for domestic purposes
2. within the controlled and/or protected areas declared by appropriate authorities
3. which support wildlife and fishery activities
· Mangrove areas characterized by one or any combination of the following conditions:
1. with primary pristine and dense young growth
2. adjoining mouth of major river systems
3. near or adjacent to traditional productive fry or fishing grounds
4. which act as natural buffers against shore erosion, strong winds and storm
floods
5. on which people are dependent for their livelihood
· Coral reefs characterized by one or any combination of the following conditions:
1. with fifty percent (50%) and above live corraline cover
2. spawning and nursery grounds for fish
3. which act as natural breakwater of coastlines