environmental law

ENVIRONMENTAL LAW (Ambassador Tolentino) SY 2014-2015 SUMMER

1 AJDM Notes 2014 / Diato / L. Mendoza

INTRODUCTION ENVIRONMENTAL LAW-has been defined as that set of legal rules

addressed specifically to activities which potentially affect the quality of the environment, whether natural or man-made. It consists of international and national laws relating to the protection and enforcement of the environment and encompasses both hard law (i.e. international treaties and national legislations) and soft law (i.e. guidelines, standards, etc.). Its elements are derived from sectoral subject areas (e.g., air, marine and inland water, soil, energy, biological diversity) and functional tasks (e.g. environmental impact assessment, natural resources accounting, environmental auditing, etc.) [Craig, 2002).

UNFCC AND KYOTO PROTOCOL

International Environmental Treaty that was produced at the UN Conference on Environment and Development. It is aimed at STABILIZING greenhouse gas concentrations in the atmosphere at a level that would prevent interference with climate system.

Since the UNFCCC entered into force, the parties have been meeting annually in Conferences of the Parties (COP) to assess progress in dealing with climate change, and beginning in the mid-1990s, to negotiate the Kyoto Protocol to establish legally binding obligations for developed countries to reduce their greenhouse gas emissions.

Under the Convention, governments:

gather and share information on greenhouse gas emissions, national policies and best practices;

launch national strategies for addressing greenhouse gas emissions and adapting to expected impacts, including the provision of financial and technological support to developing countries ;

cooperate in preparing for adaptation to the impacts of climate change

KEY ELEMENT: parties should act to protect the climate system on the basis of EQUALITY and in accordance with their COMMON BUT DIFFERENTIATED responsibilities and respective capabilities.

The principle of COMMON but DIFFERENTIATED responsibilities includes 2 elements: (Very important. Tinatanong ni Ambatol pag malapit na finals. Tinanong din sa final exam)

(1) Common responsibilities of parties to protect the

environment, parts of it, at the national, regional, and global levels

(2) Need to take into account the different circumstances, particularly each partys contribution to the problem and its ability to prevent, reduce, and control threat.

*** Common: everyone is in the same position (ex. Everyone uses machinery) *** Differentiated: developed countries has more responsibility because they deal with the activities in large scale (ex. More machineries for factories)

Another element underpinning the UNFCCC is the polluter pays principle. This means that the party responsible for producing pollution is responsible for paying for the damage done to the natural environment.

KYOTO PROTOCOL

Sets emission targets for developed countries which are binding under international law

Countries must meet their targets primarily through national measures

PHILIPPINE LAWS:

RA 9729 CLIMATE CHANGE ACT Section 2. Declaration of Policy. It is the policy of the State to afford full protection and the advancement of the right of the people to a healthful ecology in accord with the rhythm and harmony of nature. In this light, the State has adopted the Philippine Agenda 21 framework which espouses sustainable development, to fulfill human needs while maintaining the quality of the natural environment for current and future generations.

Towards this end, the State adopts the principle of protecting the climate system for the benefit of humankind, on the basis of climate justice or common but differentiated responsibilities and the Precautionary Principle to guide decision-making in climate risk management. As a party to the United Nations Framework Convention on Climate Change, the State adopts the ultimate objective of the Convention which is the stabilization of greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system which should be achieved within a time frame sufficient to allow ecosystems to adapt naturally to climate change, to ensure that food production is not



threatened and to enable economic development to proceed in a sustainable manner.1awphil As a party to the Hyogo Framework for Action, the State likewise adopts the strategic goals in order to build national and local resilience to climate change-related disasters.

Recognizing the vulnerability of the Philippine archipelago and its local communities, particularly the poor, women, and children, to potential dangerous consequences of climate change such as rising seas, changing landscapes, increasing frequency and/or severity of droughts, fires, floods and storms, climate-related illnesses and diseases, damage to ecosystems, biodiversity loss that affect the countrys environment, culture, and economy, the State shall cooperate with the global community in the resolution of climate change issues, including disaster risk reduction. It shall be the policy of the State to enjoin the participation of national and local governments, businesses, nongovernment organizations, local communities and the public to prevent and reduce the adverse impacts of climate change and, at the same time, maximize the benefits of climate change. It shall also be the policy of the State to incorporate a gender-sensitive, pro-children and pro-poor perspective in all climate change and renewable energy efforts, plans and programs. In view thereof, the State shall strengthen, integrate, consolidate and institutionalize government initiatives to achieve coordination in the implementation of plans and programs to address climate change in the context of sustainable development.

Further recognizing that climate change and disaster risk reduction are closely interrelated and effective disaster risk reduction will enhance climate change adaptive capacity, the State shall integrate disaster risk reduction into climate change programs and initiatives.

Cognizant of the need to ensure that national and subnational government policies, plans, programs and projects are founded upon sound environmental considerations and the principle of sustainable development, it is hereby declared the policy of the State to systematically integrate the concept of climate change in various phases of policy formulation, development plans, poverty reduction strategies and other development tools and techniques by all agencies and instrumentalities of the government

Greenhouse gases (GHG) refers to constituents of the atmosphere that contribute to the greenhouse effect including, but not limited to, carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons and sulfur hexafluoride.

The Commission shall be an independent and autonomous body and shall

have the same status as that of a national government agency. It shall be attached to the Office of the President.

Section 5. Composition of the Commission. The Commission shall be composed of the President of the Republic of the Philippines who shall serve as the Chairperson, and three (3) Commissioners to be appointed by the President, one of whom shall serve as the Vice Chairperson of the Commission. RA 10121 NDRRMC 2010

A working group of various government, non-government, civil sector, and private sector organizations of the Philippines. It is under the Department of National Defense. The Council is responsible for ensuring the protection and welfare of the people during disasters/emergencies.

Section 5. National Disaster Risk Reduction and Management Council. - The present National Disaster Coordinating Council or NDCC shall henceforth be known as the National Disaster Risk Reduction and Management Council, hereinafter referred to as the NDRRMC or the National Council.

The National Council shall be headed by the Secretary of the Department of National Defense (DND) as Chairperson with the Secretary of the Department of the Interior and Local Government (DILG) as Vice Chairperson for Disaster Preparedness, the Secretary of the Department of Social

Welfare and Development (DSWD) as Vice Chairperson for Disaster Response, the Secretary of the Department of Science and Technology (DOST) as Vice Chairperson for Disaster Prevention and Mitigation, and the Director-General of the National Economic and Development Authority (NEDA) as Vice Chairperson for Disaster Rehabilitation and Recovery.

Overview of the councils power: Section 6. Powers and Functions of the NDRRMC. - The National Council, being empowered with policy-making, coordination, integration, supervision, monitoring and evaluation functions

Section 7. Authority of the NDRRMC Chairperson. - The Chairperson of the NDRRMC may call upon other instrumentalities or entities of the government and nongovernment and civic organizations for assistance In terms of the use of their facilities and resources for the protection and preservation of life and properties in the whole range of disaster risk reduction and management. This authority includes the power to call on the reserve force as defined in Republic Act No. 7077 to assist in relief and rescue during disasters or calamities.

Section 8. The Office of Civil Defense. - The Office of Civil Defense (OCD) shall have the primary mission of administering a comprehensive national civil defense and disaster risk reduction and management program by providing leadership in the continuous development of strategic and systematic approaches as well as measures to reduce the vulnerabilities and risks to hazards and manage the consequences of disasters.



Section 13. Accreditation, Mobilization, and Protection of Disaster Volunteers and National

Service Reserve Corps, CSOs and the Private Sector. - The government agencies, CSOs, private sector and LGUs may mobilize individuals or organized volunteers to augment their respective personnel complement and logistical requirements in the delivery of disaster risk reduction programs and activities. The agencies, CSOs, private sector, and LGUs concerned shall take full responsibility for the enhancement, welfare and protection of volunteers, and shall submit the list of volunteers to the OCD, through the LDRRMOs, for accreditation and inclusion in the database of community disaster volunteers

Section 16. Declaration of State of Calamity. - The National Council shall recommend to the President of the Philippines the declaration of a cluster of barangays, municipalities, cities, provinces, and regions under a state of calamity, and the lifting thereof, based on the criteria set by the National Council. The President's declaration may warrant international humanitarian assistance as deemed necessary.

The declaration and lifting of the state of calamity may also be issued by the local sanggunian, upon the recommendation of the LDRRMC, based on the results of the damage assessment and needs analysis.

RA 10174 PEOPLES SURVIVAL FUND SEC. 2. Declaration of Policy. It is the policy of the State to afford full protection and the advancement of the right of the people to a healthful ecology in accord with the rhythm and harmony of nature. In this light, the State has adopted the Philippine Agenda 21 framework which espouses sustainable development, to fulfill human needs while maintaining the quality of the natural environment for current and future generations.

Towards this end, the State adopts the principle of protecting the climate system for the benefit of humankind, on the basis of climate justice or common but differentiated responsibilities and the Precautionary Principle to guide decision-making in climate risk management. As a party to the United Nations Framework Convention on Climate Change (UNFCCC), the State adopts the ultimate objective of the Convention which is the stabilization of greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system which should be achieved within a time frame sufficient to allow ecosystems to adapt naturally to climate change, to ensure that food production is not threatened and to enable economic development to proceed in a sustainable manner. As a party to the Hyogo Framework for Action, the State likewise adopts the strategic goals in order to build national and local resilience to climate change-related disasters.

Recognizing the vulnerability of the Philippine archipelago and its local

communities, particularly the poor, women, and children, to potential dangerous consequences of climate change and global warming such as increasing temperatures,

rising seas, changing landscapes, increasing frequency and/or severity of droughts, fire, floods and storms, climate-related illnesses and diseases, damage to ecosystems, biodiversity loss that affect the countrys environment, culture, and economy, the State shall cooperate with the global community in the resolution of climate change issues, including disaster risk reduction. It shall be the policy of the State to enjoin the participation of national and local governments, businesses, nongovernment organizations, local communities and the public to prevent and reduce the adverse impacts of climate change and, at the same time, maximize the potential benefits of climate change. It shall also be the policy of the State to incorporate a gender-sensitive, pro-children and pro-poor perspective in all climate change and renewable energy efforts, plans and programs. In view thereof, the State shall strengthen, integrate, consolidate and institutionalize government initiatives to achieve coordination in the implementation of plans and programs to address climate change in the contest of sustainable development.

Further recognizing that climate change and disaster risk reduction and

management are closely interrelated and effective disaster risk reduction and management will enhance adaptive capacity to climate change, climate variability and extreme climate events, the State shall integrate disaster risk reduction into climate change programs and initiatives.

Cognizant of the need to ensure that national and sub-national government

policies, plans, programs and projects are founded upon sound environmental considerations and the principle of sustainable development, it is hereby declared the policy of the State to systematically integrate the concept of climate change in various phases of policy formulation, development plans, poverty reduction strategies and other development tools and techniques by all agencies and instrumentalities of the government.

SEC. 4. Creation of the Climate Change Commission. There is hereby established a Climate Change Commission, hereinafter referred to as the Commission. Thu Commission shall be an independent and autonomous body and shall have the same status as that of a national government agency. It shall be attached to the Office of the President.

The Commission shall be the lead policy-making body of the government, which shall be tasked to coordinate, monitor and evaluate the programs and action plans of the government in order to ensure the mainstreaming of climate change into the national, sectoral and local development plans and programs pursuant to the provisions of this Act.

SEC. 5. Composition of the Commission. The Commission shall be composed of the President, of the Republic of the Philippines who shall serve as the



Chairperson, and three (3) Commissioners to be appointed by the President, one of whom shall be appointed as Vice Chairperson of the Commission. SEC. 18. Creation of the Peoples Survival Fund. A Peoples Survival Fund (PSF) is hereby established as a special fund in the National Treasury for the financing of adaptation programs and projects based on the National Strategic Framework. (according to Amb. Tolentino this is merely suppletory to other climate change programs) SEC. 19. Sources of the Fund One billion pesos (P1,000,000,000.00) shall be appropriated under the General Appropriations Act (GAA) as opening balance of the PSF balance of the PSF including the amount appropriated in the GAA which shall form part of the fund shall not revert to the general fund SEC. 21. The Peoples Survival Fund Board. There is hereby created a Peoples Survival Fund Board, hereinafter referred to as the PSF Board, which shall be lodged under the Commission SEC. 24. Prioritization of Fund Allocation. The Commission shall develop criteria to prioritize use of the fund based on, but not. limited to, the following:

(a) Level of risk and vulnerability to climate change; (b) Participation of affected communities in the design of the project; (c) Poverty reduction potential; (d) Cost effectiveness and attainability of the proposal; (e) Identification of potential co-benefits extending beyond LGU territory; (f) Maximization of multi-sectoral or cross-sectoral benefits; (g) Responsiveness to gender-differentiated vulnerabilities; and (h) Availability of climate change adaptation action plan.

SEC. 25. Community Participation. To ensure transparency and participation of vulnerable and marginalized groups in the adaptation projects to be supported by the fund, community representatives and/or NGO counterparts may participate as observers in the project identification, monitoring and evaluation process of the Commission. BIOFUEL ACT

The act mandates the government to reduce the countrys dependence on imported fuels, to phase out the use of harmful gasoline additives, to rather use biofuels, and to create an incentive scheme. With the creation of a National Biofuel Board (NBB), it shall monitor the Biofuel Program and ensure the sufficient supply of sugar to meet the domestic demands

Implementing agency: Main agency: Department of Energy Supporting agency/agencies: Department of Environment and

Natural Resources (DENR), Department of Labor and Employment (DOLE), Department of Finance (DOF), Department of Science and Technology (DOST), Department of Trade and Industry (DTI), Departent of Agriculture (DOA), National Biofuel Board, Bureau of Internal Revenue (BIR), the Bureau of Customs (BOC), the Philippine Council for Industry and Energy Research and Development (PCIERD), and local government units (LGUs)

law was legislated to develop and utilize renewable energy, to mitigate toxic and greenhouse gas effects, to decrease the countrys dependence on imported fuel and to increase rural employment and income.

It mandated the incorporation of 1% biodiesel in diesel and 5% bioethanol in gasoline by 2009.

DECLARATION OF POLICY: .reduce dependence on imported fuels with due regard to the protection of public health, the environment, and natural ecosystems consistent with the countrys sustainable economic growth that would expand opportunities for livelihood by mandating the use of biofuels. as a measure to: a) develop and utilize indigenous renewable and sustainably-sourced clean energy sources to reduce dependence on imported oil; b) mitigate toxic and greenhouse gas (GHG) emissions; c) increase rural employment and income; and d) ensure the availability of alternative and renewable clean energy without any detriment to the natural ecosystem, biodiversity and food reserves of the country.

DEFINITION OF TERMS c) Bioethanol - shall refer to ethanol (C&Ow) produced d) Biodiesel - shall refer to Fatty Acid Methyl Ester (FAME) or

mono-alkyl esters derived from vegetable oils or animal fats and other biomass-derived oils that shall be technically proven and approved by the DOE for use in diesel engines, with quality specifications in accordance with the Philippine National Standards (PNS); 3

e) Bioethmol Fuel - shall refer to hydrous or anhydrous bioethanol suitably denatured for use as motor fuel, with quality specifications in accordance with the PNS;



f) Biofuel - shall refer to bioethanol and biodiesel and other fuels made from biomass and primarily used for motive, thermal and power generation, with quality specifications in accordance with the PNS;

g) Biomass - shall refer to any organic matter, particularly cellulosic or ligno-cellulosic matter, which is available on a renewable or recurring basis, including trees, crops and associated residues, plant fiber, poultry litter and other animal wastes, industrial wastes, and the biodegradable component of solid waste;

SEC. 4. Phasing Out of the Use of Harmful Gasoline Additives and/or Oxygenates. - Within six months from the effectivity of this Act

Incentive Scheme: specific tax, VAT, exempt from wastewater charges, financial assistance

Primary Agency: Department of Energy

SEC. 12. Prohibited Acts. - The following acts shall be prohibited a) Diversion of biofuels, whether locally produced or

imported, to purposes other than those envisioned in this Act;

b) Sale of biofuel-blended gasoline or diesel that fails to comply with the minimum biofuel-blend by volume in violation of the requirement under Section 5 of this Act;

c) Dishibution, sale and use of automotive fuel containing harmful additives such as, but not limited to, MTBE at such concentration exceeding the limits to be determined by the NBB

d) Noncompliance'with the established guidelines of the PNS and DOE adopted for the implementation of this Act; and

e) False labeling of gasoline, diesel, biofuels and biofuelblended gasoline and diesel.

SOVEREIGNTY OVER NATURAL RESOURCES: CHANGE OF CONCEPT OR CHANGE OF PERCEPTION (BEDAN REVIEW VOL. 1 ALABANG) (READ FULL TEXT)

Take Note of the following 1. Change in the concept of Sovereignty 2. Permanent Sovereignty Over Natural Society? 3. Transboundary Natural Resources 4. Equitable Utilization that states are entitled to a reasonable and equitable

share in the beneficial uses of transboundary natural resources. No use or category is inherently superior to any other use or category of use

5. Should we relax the concept of sovereignty? Why? 6. Why toward humankind oriented from state- oriented laws? 7. Functional Sovereignty

ENVIRONMENTAL GOVERNANCE: SUSTAINABLE DEVELOPMENT THORUGH ENVIRONMENTAL LAW (BEDAN LAW JOURNAL_ MARCH 2010 PAGE 17 (READ FULL TEXT)

SUSTAINABLE DEVELOPMENT (Tagalog: Likas-kayang pag-unlad) -often equated with development without destruction. It is optimal development with minimal destruction. In short, wise use of the environment. By wise use is meant sustainable utilization for the benefit of mankind in a way compatible with the maintenance of the natural elements of the ecosystem. It is, in other words, a forward-looking development.

Things to take note of: 1. What is Environmental Law? 2. What is the role of man in the environment? custodian. 3. What are MEAs or Multilateral Environment Agreements? 4. Natural Resource Law : from use oriented to resource oriented

why? 5. Take note of the Conclusion of the readings

CASE : OROPOSA VS FORMOSA 224 SCRA 792 (WHAT IS SUSTAINABLE DEVELOPMENT?) FACTS: The principal petitioners are all minors duly represented and joined by their respective parents. Impleaded as an additional plaintiff is the Philippine Ecological Network, Inc. (PENI), a domestic non-stock and non-profit corporation organized for the purpose of engaging in concerted action geared for protection of the environment



and natural resources. The original defendant was Hon. Fulgencio Factoran, Jr., Secretary of DENR. The complaint was instituted as a taxpayers class suit and alleges that plaintiffs are all citizens of the Republic of the Philippines, taxpayers, and entitled to the full benefit, use, and enjoyment of natural resource treasure that is the countrys virgin tropical forests. The instant petition was filed to seek for the cancellation of all existing timber license agreements (TLA) in the country and to cease and desist from receiving, accepting, processing, renewing, or approving new timber license agreements. Minor petitioners contend that continued granting of timber license constitutes a misappropriation or impairment of the natural resource property and violates their constitutional right to a balanced and healthful ecology (Art. II, Sec. 16) and the protection by the State in its capacity as PARENS PATRIAE. Petitioners likewise rely on respondents correlative obligation per Sec. 4 of Executive Order 192, to safeguard the peoples right to a healthful environment. ISSUES: (1) Whether the petitioners have locus standi (2) Whether the petitioners failed to allege in their complaint a specific legal right violated by the respondent Secretary for which any relief is provided by law. HELD: (1) YES. They represent their generation as well as generations yet unborn. Their personality to sue in behalf of the succeeding generations can only be based on the concept of INTERGENERATIONAL RESPONSIBILITY insofar as the right to a balanced and healthful ecology is concerned. Such a right as hereinafter expounded considers the rhythm and harmony of nature. Nature means the created world in its entirety. Such rhythm and harmony indispensably include, inter alia, the judicious disposition, utilization, management, renewal, and conservation of the countrys forest, mineral, land, waters, fisheries, wildlife, off-shore areas, and other natural resources to the end that their exploration, development, and utilization be equitably accessible to the present as well as future generations. Every generation has a responsibility to the next to preserve that rhythm and harmony for the FULL ENJOYMENT of a balanced and healthful ecology. The minors assertion of their right to a sound environment constitutes, at the same time,

the performance of their obligation to ensure the protection of that right for the generations to come. (2) NO. The Court does not agree with the trial courts conclusions that the plaintiffs failed to allege with sufficient definiteness a specific legal right involved or a specific legal wrong committed, and that the complaint is replete with vague assumptions and conclusions based on unverified data. The complaint focuses on one specific fundamental legal rightthe RIGHT TO A BALANCED AND HEALTHFUL ECOLOGY which is solemnly incorporated in fundamental law. While said right is to be found under the Declaration of Principles and State Policies, it does not follow that it is less important than any civil political rights. The right to a balanced and healthful ecology carries with it the correlative right to refrain from impairing the environment. ENVIRONMENTAL PROVISIONS OF 1987 CONSTITUTION

Sec. 16, Art. II: 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.

Sec. 2 (2), Art. XII: The State shall protect the nations marine wealth in its archipelagic waters, territorial sea, and exclusive economic zone, and reserve its use and enjoyment exclusively to Filipino citizens.

Sec.5, Art. XII: The State, subject to the provisions of this Constitution and national development policies and programs, shall protect the rights of indigenous cultural communities to their ancestral lands to ensure their economic, social, and cultural well-being.

The Congress may provide for the applicability of customary laws governing property rights or relations in determining the ownership and extent of ancestral domain. (Note: Indigenous peoples traditional ecological knowledge is an integral part of understanding the environment).

ROLE OF GOVERNMENTAL INSTITUTIONS IN ENVIRONMENTAL ADMINISTRATION Department of Health (DOH)

o Has environmental health programs. These concerns PREVENTING ILLNESS through managing the environment. These are primarily concerned with effects of the environment to health of people.



o Issues environmental sanitation clearance

Department of Agriculture (DA) o Executive branch responsible for the promotion of agriculture and fisheries

development and growth. o Emphasizes on the productivity and sustainability in the use of agricultural

resources. o Reports on areas where marine life has to be restored. o Extends assistance to LGUS in developing fisheries.

Department of Education (DepEd)

o Department responsible for ensuring access to, promoting equity in, and improving the quality of basic education.

o Integrates environmental education in schools curricula (e.g. environmental laws concepts and principles), thus promoting environmental awareness.

o Integrates lessons in pollution prevention, waste management, environmental protection etc.

Department of Tourism

o Department responsible for the regulation of Philippine tourism industry and promotion of the Philippines as a tourist destination.

o Assumes prominent role in developing responsible tourism thereby ensuring protection, preservation, and promotion of resources.

o Promotes tourism industry that is ecologically sustainable. Department of Public Works and Highways (DPWH)

o Department responsible for the safety of projects in the field of public works. It is also responsible for the maintenance of Philippine road network and irrigation system.

o Responsible for removal and demolition of structures obstructing free flow of water.

o Integrates environmental and social concerns into road and infrastructure development projects.

o Utilizes Environmental Impact Assessment in its projects. Philippine National Police (PNP)

o Enforces laws involving agriculture, environment, and natural resources. o Apprehends violators of environmental laws.

Department of Interior and Local Government (DILG)

o Improves performance of local governments in governance, administrative, social, and economic development and ENVIRONMENTAL

MANAGEMENT (e.g. It may order LGUs to determine if they have proper wastewater treatment facilities).

Philippine Atmospheric Geophysical and Astronomical Services Administration (PAGASA).

o Government agency for weather forecasting, flood control, astronomical observations, and time service.

o Maintains NATIONWIDE NETWORK pertaining to observation and forecasting of weather and other climatological conditions affecting national safety, welfare, and economy.

o Undertakes researches on the structure, development, and motion of typhoons and formulates measures for their moderation.

o Maintains effective linkages with scientific organization here and abroad, and promotes exchange of scientific information and cooperation among personnel engaged in atmospheric, geological, and astronomical studies.

DENR AND ITS BUREAUS DENR: Reorganized under EO 192

PAB is under the Office of the president Applicable: Doctrine of Exhaustion

(1) Ecosystems Research and Development Bureau-principal research and development (R & D) unit of DENR. Its R & D and extension activities are focused on the 5 major ecosystems of the Philippines which include forests, upland farms, grassland and degraded areas, coastal zone and freshwater, and urban areas. (2) Environmental Management Bureau (EMB)- the primary government agency under the Department of Environment and Natural Resources to formulate, integrate, coordinate, supervise and implement all policies, programs, projects and activities relative to the prevention and control of pollution as well as the management and enhancement of environment (e.g. It is mainly responsible for the implementation and enforcement of RA 8749 (Phil Clean Air Act of 1999). (3) Forest Management Bureau (FMB)- provides support for the effective protection, development, occupancy management, and conservation of FOREST LANDS and WATERSHEDS. (4) Land Management Bureau (LMB)- As per Executive Order 192, LMB shall ADVISE the Secretary on matters pertaining to rational land classification, management, and disposition.



It is an agency of the Philippine government under the Department of Environment and Natural Resources responsible for administering, surveying, managing, and disposing Alienable and Disposable (A&D) lands and other government lands not placed under the jurisdiction of other government agencies. (5) Mines and Geosciences Bureau (MGB)- government agency responsible for the conservation, management, development, and proper use of the countrys mineral resources including those in reservations and lands of public domains. (6) Protective Areas and Wildlife Bureau (PAWB)- The Bureau shall have the following functions:

Formulate and recommend policies, guidelines, rules and regulations for the establishment and management of an Integrated Protected Areas Systems such as national parks, wildlife sanctuaries and refuge, marine parks, and biospheric reserves;

Formulate an up-to-date listing of endangered Philippine flora and fauna and recommend a program of conservation and propagation of the same;

Assist the Secretary in the monitoring and assessment of the management of the Integrated Protected Areas System and provide technical assistance to the regional offices in the implementation of programs for these areas;

Formulate and recommend policies, guidelines, rules and regulations for the preservation of biological diversity, genetic resources, the endangered Philippine flora and fauna;

Perform other functions as may be assigned by the Secretary and/or provided by law.

POLLUTION ADJUDICATORY BOARD The Pollution Adjudication Board (PAB) is a quasi-judicial body created under Section 19 of Executive Order (E.O.) 192 for the adjudication of pollution cases. It is created under the Office of the Secretary. The Board shall be composed of the Secretary as the Chairman, Two (2) Undersecretaries as may be designated by the Secretary, the Director of the Environmental Management Bureau (EMB), the Three (3) others to be designated by the Secretary as members. The Board shall assume the powers and functions of the Commission/ Commissioners of the National Pollution

Control Commission (NPCC) with respect to the adjudication of pollution cases under Republic Act 3931 and Presidential Decree 984. The PAB is organizationally under the supervision of the Office of the Secretary of the Department of Environment and Natural Resources (the DENR) with Secretariat support provided by the Environmental Management Bureau (EMB). Power and function maybe delegated to the DENR Regional Officers in accordance with rules and regulations of the Board.

RA 4850 AN ACT CREATING THE LAGUNA LAKE DEVELOPMENT AUTHORITY

The LLDA was organized by virtue of Republic Act No. 4850 as a quasi-government agency with regulatory and proprietary functions. Through Presidential Decree 813 in 1975, and Executive Order 927 in 1983, its powers and functions were further strengthened to include environmental protection and jurisdiction over the lake basins surface water. In 1993, through Executive Order 149, the administrative supervision over LLDA was transferred from the Office of the President to the Department of Environment and Natural Resources (DENR).

LLDA has jurisdiction over the following towns/cities he jurisdiction and scope of authority of Laguna Lake

Development Authority comprises the towns of Rizal and Laguna Provinces, towns of Silang, General Mariano Alvarez, Carmona, Tagaytay City in Cavite, Lucban, Quezon, City of Tanauan, towns of Sto. Tomas and Malvar in Batangas, Cities of Marikina, Pasig, Taguig, Muntinlupa, Pasay, Caloocan, Quezon and town of Pateros in Metro Manila.

Special Powers and Functions 1) To make a comprehensive survey of the physical and natural resources and

potentialities of the Laguna Lake region particularly its social and economic conditions, hydrologic characteristics, power potentials, scenic and tourist spots, regional problems, and on the basis thereof, to draft a comprehensive and detailed plan designed to conserve and utilize optimally the resources within the region particularly Laguna de Bay to promote the region's rapid social and economic development and upon approval by the National Economic and Development Authority (NEDA) Board of such plan, to implement the same including projects in line with said plan: Provided, That implementation of all fisheries plans and programs of the authority shall



require prior consensus of the Bureau of Fisheries and Aquatic Resources to ensure that such plans and programs are consistent with the national fisheries plans and programs. For the purpose of said survey, public agencies shall submit and private entities shall provide necessary data except such data which under existing laws are deemed inviolable.

2) To provide the machinery for extending the necessary planning, management and technical assistance to prospective and existing investors in the region;

3) To make recommendation to the proper agencies on the peso or dollar financing, technical support, physical assistance and, generally, the level of priority to be accorded agricultural, industrial and commercial projects, soliciting or requiring direct help from or through the government or any of its instrumentalities;

4) To pass upon and approve or disapprove all plans, programs, and projects proposed by local government offices/agencies within the region, public corporations, and private persons or enterprises where such plans, programs and/or projects are related to those of the Authority for the development of the region as envisioned in this Act. The Authority shall issue the necessary clearance for approved proposed plans, programs, and projects within thirty days from submission thereof unless the proposals are not in consonance with those of the Authority or that those will contribute to the unmanageable pollution of the Laguna Lake waters or will bring about the ecological imbalance of the region: Provided, further, That the Authority is hereby empowered to institute necessary legal proceeding against any person who shall commence to implement or continue implementation of any project, plan or program within the Laguna de Bay region without previous clearance from the Authority: Provided, furthermore, That any local government office, agency, public corporation, private person, or enterprise whose plans, programs and/or projects have been disapproved by the Authority may appeal the decision of the Authority to the NEDA within fifteen (15) days from receipt of such disapproval whose decision on the matter shall be final. Reasonable processing fees as may be fixed by the Authority's Board of Directors shall be collected by the Authority for the processing of such plans, programs and/or projects: Provided, finally, The expansion plans shall be considered as new plans subject to review of the Authority and to payment of the processing fees.

a. The Authority and national and local government offices, agencies and public corporations shall coordinate their plans, programs,

projects and licensing procedures with respect to the Laguna Lake region for the purpose of drawing up a Laguna Lake development plan which shall be binding upon all parties concerned upon approval of the NEDA board.

5) To engage in agriculture, industry, commerce, or other activities within the

region which may be necessary or directly contributory to the socio-economic development of the region, and, for this purposes, whether by itself or in cooperation with private persons or entities, to organize, finance, invest in, and operate subsidiary corporations: Provided, That the Authority shall engage only, unless public interest requires otherwise, in those activities as are in the nature of new ventures or are clearly beyond the scope, capacity, or interest or private enterprises due to consideration of geography, technical or capital requirements, returns on investment, and risk;

6) To plan, program finance/or undertake infrastructure projects such as river, flood and tidal control works, waste water and sewerage works, water supply, roads, portworks, irrigation, housing and related works, when so required within the context of its development plans and programs including the readjustment, relocation or settlement of population within the region as may be necessary and beneficial by the Authority: Provided, That should any project be financed wholly or in part by the Authority, it is hereby authorized to collect reasonable fees and tolls as may be fixed by its Board of Directors subject to the approval of the NEDA Board from users and/or beneficiaries thereof to recover costs of construction, operation and maintenance of the projects: Provided, further, That if the Authority should find it necessary to undertake such infrastructure projects which are classified, as social overhead capital projects as determined by the NEDA, the Authority shall be authorized to receive financial assistance from the government in such amount as may be necessary to carry out the said projects subject to such terms and condition that may be imposed by the government, upon recommendation of the NEDA Board: Provided, finally, That such amount as may be necessary for the purpose is hereby authorized to be appropriated out of the funds of the National Treasury not otherwise appropriated.

7) To make an annual report to the stockholders regarding the operation of the Authority more particularly a statement of its financial conditions, activities undertaken, progress of projects and programs and plans of actions for the incoming years: Provided, however, That a majority of the stockholders may require the Authority to submit report or reports other than the annual report herein required, which report must be submitted within a period of thirty (30) days from notice thereof;



8) To lend or facilitate the extension of financial assistance and/or act as surety or guarantor to worthwhile agricultural, industrial and commercial enterprises;

9) To reclaim or cause to the reclaimed portions of the Lake or undertake reclamation projects and/or acquire such bodies of land from the lake which may be necessary to accomplish the aims and purposes of the Authority subject to the approval of the NEDA Board: Provided, That the land so reclaimed shall be the property of the Authority and title thereto shall be vested in the Authority: Provided, further, That the resulting lake shore shall continue to be owned by the national government.

10) The provisions of existing laws to the contrary notwithstanding, to engage in fish production and other aqua-culture projects in Laguna de Bay and other bodies of water within its jurisdiction and in pursuance thereof to conduct studies and make experiments, whenever necessary, with the collaboration and assistance of the Bureau of Fisheries and Aquatic Resources, with the end in view of improving present techniques and practice. Provided, That until modified, altered or amended by the procedure provided in the following sub-paragraph, the present laws, rules and permits or authorizations remain in force;

11) For the purpose of effectively regulating and monitoring activities in Laguna de Bay, the Authority shall have exclusive jurisdiction to issue new permit for the use of the lake waters for any projects or activities in or affecting the said lake including navigation, construction, and operation of fishpens, fish enclosures, fish corrals and the like, and to impose necessary safeguards for lake quality control and management and to collect necessary fees for said activities and projects: Provided, That the fees collected for fisheries may be shared between the Authority and other government agencies and political sub-divisions in such proportion as may be determined by the President of the Philippine upon recommendation of the Authority's Board: Provided, further, That the Authority's Board may determine new areas of fisheries development or activities which it may place under the supervision of the Bureau of Fisheries and Aquatic taking into account the overall development plans and programs for Laguna de Bay and related bodies of water: Provided, finally, That the Authority shall subject to the approval of the President of the Philippines promulgate such rules and regulations which shall govern fisheries development activities in Laguna de Bay which shall take into consideration among others the following: socioeconomic

amelioration of bonafide resident fisherman whether individually or collectively in the form of cooperatives, lakeshore town development, a master plan for fishpen construction and operation, communal fishing ground for lakeshore town residents, and preference to lakeshore town residents in hiring laborers for fishery projects.

12) To require the cities and municipalities embraced within the region to pass appropriate zoning ordinances and other regulatory measures necessary to carry out the objectives of the Authority and enforce the same with the assistance of the Authority.

13) The provisions of existing laws to the contrary notwithstanding, to exercise water rights over public waters within the Laguna de Bay region whenever necessary to carry out the Authority's projects;

14) To act in coordination with existing governmental agencies in establishing water quality standards for industrial, agricultural and municipal waste discharges into the lake and to cooperate with said existing agencies of the government of the Philippines in enforcing such standards, or to separately pursue enforcement and penalty actions as provided for in Section 4(d) and Section 39-A of this Act: Provided, That in case of conflict on the appropriate water quality standard to be enforced such conflict shall be resolved thru the NEDA Board;

15) To develop water supply from ground and/or lake water resources for municipal, agricultural and industrial usages, in coordination with the National Water Resources Council created by Presidential Decree No. 424 dated March 28, 1974 or its successors in interests, and to enter into agreements with municipalities, governmental agencies and corporations and the private sector to supply, distribute and market such water;

16) Undertake studies on the improvement and maintenance of the desirable lake water quality of Laguna de Bay, and in pursuance thereof, prepare a water quality management program on a continuing basis, subject to the approval of the NEDA, which the Authority shall carry out with the assistance and support of all national and local government units involved in water quality management.



EO 927 FURTHER DEFINING CERTAIN FUNCTIONS AND POWERS OF THE LAGUNA LAKE DEVELOPMENT AUTHORITY -Further defines certain functions and powers of the Laguna Lake Development Authority. Additional Powers and Functions of LLDA under E.O 927:

1. Issue standards, rules and regulations to govern the approval of plans and specifications for sewage works and industrial waste disposal system and the issuance of permits in accordance with the provisions of this Executive Order; inspect the construction and maintenance of sewage works and industrial waste disposal systems for compliance to plans.

2. Adopt, prescribe, and promulgate rules and regulations governing the Procedures of the Authority with respect to hearings, plans, specifications, designs, and other data for sewage works and industrial waste disposal system, the filing of reports, the issuance of permits, and other rules and regulations for the proper implementation and enforcement of this Executive Order.

3. Issue orders or decisions to compel compliance with the provisions of this Executive Order and its implementing rules and regulations only after proper notice and hearing.

4. Make, alter or modify orders requiring the discontinuance of population specifying the conditions and time within which such discontinuance must be accomplished.

5. Issue, renew, or deny permits, under such conditions as it may determine to be reasonable, for the prevention and abatement of pollution, for the discharge of sewage, industrial waste, or for the installation or operation of sewage works and industrial disposal system or parts thereof: Provided, however, that the Authority, by rules and regulations, may require subdivisions, condominiums, hospitals, public buildings and other similar human settlements to put up appropriate central sewerage system and sewage treatment works, except that no permits shall be required of any new sewage works or changes to or extensions of existing works that discharge only domestic or sanitary wastes from a single residential building provided with septic tanks or their equivalent. The Authority may impose reasonable fees and charges for the issuance or renewal of all permits herein required.

6. After due notice and hearing, the Authority may also revoke, suspend

modify any permit issued under this Order whenever the same is necessary to prevent or abate pollution.

7. Deputize in writing or request assistance of appropriate government agencies or instrumentalities for the purpose of enforcing this Executive Order and its implementing rules and regulations and the orders and decisions of the Authority.

8. Authorize its representative to enter at all reasonable times any property of the public dominion and private property devoted to industrial, manufacturing, processing or commercial use without doing damage, for the purpose of inspecting and investigating conditions relating to pollution or possible or imminent pollutions.

9. Exercise such powers and perform such other functions as may be necessary to carry out its duties and responsibilities under this Executive Order.

Further, to effectively regulate and monitor activities in the Laguna de Bay region, the Authority shall have exclusive jurisdiction to issue permit for the use of all surface water for any projects or activities in or affecting the said region including navigation, construction, and operation of fishpens, fish enclosures, fish corrals and the like.

CASE: PAB vs CA GT 93891 March 11, 1991 FACTS: Solar Textile Finishing Corporation was involved in bleaching, rinsing, and dyeing textiles with wastewater being directly discharged into a canal leading to adjacent Tullahan-Tinejeros River. Petitioner Board, an agency charged with the task of determining whether effluents of a particular industrial establishments comply with or violate applicable anti-pollution statutory and regulatory provisions have been remarkably forbearing, enforced the applicable standards vis--vis Solar. Petitioner issued an ex parte order directing Solar to immediately cease and desist from utilizing its wastewater pollution source installations. Solar then went to the RTC on petitioner for certiorari. Case was, however, dismissed due to the following:



Appeal, not certiorari, is the proper remedy. Boards subsequent order allowing Solar to operate temporarily rendered

Solars petition moot and academic. CA reversed the order of dismissal and declared the Writ of Execution null and void. It held that certiorari is the proper remedy since the order of petitioner would result in great and irreparable damage to Solar. Petitioner asked the Supreme Court to review CAs decision. It claimed that ex-parte order with writ was issued in accordance with law. It claimed that under PD 984, Sec. 7 (a), it has legal authority to issue ex-parte orders to suspend the operations of an establishment where there is prima facie evidence that such establishment is discharging wastewater, the pollution level exceeds the maximum permissible standards set by the Board. Respondents contention: No threat to life, public health safety or welfare. ISSUE: Whether the CA erred in reversing the Trial Courts decision. HELD: Yes. The Board was acting within its powers in issuing the cease and desist orders as per PD 9874, Sec. 7 (a). It is not essential that an immediate threat to life, public health, safety exists before an ex-parte cease and desist order may be issued. It is enough if the Board finds that the wastes discharged do exceed the allowable standards set by the Board.

CASE: LLDA vs CA GR 120865-71 December 7, 1995 FACTS: Laguna Lake Development Authority (LLDA) was created through RA No. 4850 in order to execute the policy of towards environmental protection and sustainable development so as to accelerate the development and balanced growth of the Laguna Lake Area and the surrounding provinces and towns. EO 927 further defined and enlarged the powers and functions of LLDA and enumerated towns, cities, and provinces encompassed by the term Laguna de Bay Region. Upon the implementation of RA No. 7160 (Local Government Code), the municipalities assumed EXCLUSIVE JURISDICTION and authority to issue fishing privileges within their municipal waters since Sec. 149 thereof provides that Municipal

corporations shall have authority to grant in municipal waters and impose rental fees or charges thereof. Big fish pen operators took advantage of the occasion to establish fish pens and fish cages to the dismay of LLDA. Implementation of separate, independent policies in fish cages/fish pen operation and the INDISCRIMINATE grant of fish pen permits by the lakeshore municipalities aggravated the current environmental problems and ecological stress of Laguna Lake. LLDA then served notice to general public that:

Fish pens, cages, and other aquaculture structures unregistered with LLDA are declared illegal;

Those declared illegal shall be subject to demolition; Owners of those declared illegal shall be criminally charged with violations

of provisions of RA No. 4850/PD 813. A month later, LLDA sent notices advising the owner of the illegally constructed fish pens/cages and aqua structures, advising them to dismantle their respective structures otherwise demolition shall be effected. ISSUE: Which agency of the governmentLLDA or towns/municipalities comprising the regionshould exercise jurisdiction over the Laguna Lake and its surrounding district insofar as issuance of permits for fishing privileges is concerned. HELD: LLDA. Sec. 4 (k) of LLDA charter and Sec. 2 of EO 927, specifically provide that the LLDA shall have exclusive jurisdiction to issue permits for the use of all surface water for any projects or activities affecting the region. On the other hand, RA No. 7610 has granted municipalities exclusive authority to grant fishery privilege on municipal waters. Provisions of RA No. 7610 do not necessarily repeal the laws creating LLDA. Where theres conflict between general and special laws, the latter should prevail as it evinces legislative intent more clearly than general statute. Special law cannot be repealed, amended, or altered by a subsequent general law by mere implications. Moreover, the powers of LLDA , for the purpose of effectively rehabilitating and monitoring Laguna de Bay, partakes of the nature of police power, most pervasive, least limitable, most demanding of all state powers.



PD 7611STRATEGIC ENVIRONMENTAL PLAN (SEP) FOR PALAWAN ACT

SEC. 4 Strategic Environmental Plan. - A comprehensive framework for the sustainable development of Palawan compatible with protecting and enhancing the natural resources and endangered environment of the province is hereby adopted. Such framework shall be known as the Strategic Environmental Plan for Palawan, hereinafter referred to as SEP, and shall serve to guide the local government of Palawan and the government agencies concerned in the formulation and implementation of plans, programs and projects affecting said province.

SEC. 5 Strategic Environmental Plan (SEP) Philosophy. - The SEP shall have as its general philosophy, the sustainable development of Palawan, which is the improvement in the quality of life of its people in the present and future generations through the use of complementary activities of development and conservation that protect life-support ecosystem and rehabilitate exploited areas to allow upcoming generations to sustain development growth.

o (1) Ecological viability - The physical and biological cycles that maintain the productivity of natural ecosystems must always be kept intact.

o (2) Social acceptability - The people themselves, through participatory process, should be fully committed to support sustainable development activities by fostering equity in access to resources and the benefits derived from them.

o (3) Integrated approach - This allow for a holistic view of problems and issues obtaining in the environment as well as opportunities for coordination and sharing that will eventually provide the resources and political will to actually implement and sustain SEP activities.

SEC. 6 Legal effects. - The SEP shall serve as the framework to guide the government agencies concerned in the formulation and implementation of plans, programs and projects affecting the environment and natural resources of Palawan

SEC. 7 Environmentally Critical Areas Network (ECAN) - The SEP shall establish a graded system of protection and development control over the whole of Palawan, including its tribal lands, forest, mines, agricultural areas, settlement areas, small islands mangroves, coral reefs, seagrass beds and the surrounding sea.

CASE: TANO VS. SOCRATES 278 SCRA 154 FACTS: The Sangguniang Panglungsod of Puerto Princesa enacted Ordinance No. 15-92 banning the shipment of live fish and lobster outside Puerto Princesa City for a period of 5 years. In the same light, the SP Palawan also enacted a Resolution that prohibits the catching, gathering, buying, selling, possessing, and shipment of live marine coral-dwelling aquatic organisms for 5 years within Palawan waters. Petitioners Airline Shippers Association of Palawan, together with marine merchants, were charged for violating the above ordinance and resolution by the city and provincial governments. Petitioners now alleged that they have the preferential rights as marginal fishermen granted with privileges provided in Sec. 149 of the Local Government Code, invoking the invalidity of the enactments as violative of their preferential rights. ISSUE: Whether the enactments are violative of preferential rights. HELD: No. Enactments are valid exercise of police power of LGU to protect public interests and the public rights to a balanced and healthful ecology. Rights and privileges invoked by petitioner are not absolute. The General Welfare Clause of the Local Government Code mandates for the liberal interpretation in giving the LGUs more powers to accelerate economic development and to upgrade the life of people in the community. LGUs are then empowered to enact fishery laws in its municipal waters which necessarily include the enactment of ordinances in order to effectively carry out enforcement of fishery laws in the community.

CASE: MMDA VS CONCERNED CITIZENS OF MANILA BAY GR 171947 DECEMBER 8, 2008 FACTS: At the core of this case is Manila Bay, a place with proud historic past, once brimming with marine life, but now a dirty and slowly dying expanse mainly due to



official indifference of people and institutions that could have otherwise made a difference. Respondents Concerned Residents filed a complaint before the RTC in Imus, Cavite against several government agencies, among them the petitioners, for the cleanup, rehabilitation, and protection of Manila Bay and to submit to RTC a concerted concrete plan of action for the purpose. The complaint alleged the following:

Water quality had fallen way below the allowable standards set by law (as confirmed by the DENR). Given the sample water collected, the amount of fecal coliform content is beyond the standard.

The continued neglect of officials violates several laws With the reckless, accumulated, and ongoing acts, omission, commission of defendants resulting in clear and present danger to public health and in the depletion and contamination of the marine life of Manila Bay, the RTC held petitioner liable and ordered to clean up and rehabilitate Manila Bay and to restore its water quality to class B waters fit for swimming, skin-diving, and other forms of contact recreation. Petitioners appealed before the CA contending that the provisions of Environmental Code (PD 1152) relate only to the cleaning of specific pollution incidents and do not cover cleaning in general. They also asserted that cleaning of the Manila Bay is not a ministerial act which can be compelled by mandamus. ISSUES:

(1) Whether Sec. 17 and 20 f PD 1152 under the headings, Upgrading of Water Quality and Clean-Up Operations, envisage a clean-up in general or are they limited only to the cleanup of specific pollution incidents?

(2) Can petitioner be compelled by mandamus to clean up and rehabilitate Manila Bay?

HELD:

(1) NO. Sec. 17 does not state that government agencies concerned ought to confine themselves to containment, removal, and cleaning operations when specific pollution incident occurs. On the contrary, Sec. 17 requires them to act even in the absence of specific pollution incident, as long as the water quality has deteriorated to a degree

where its state will adversely affect its best usage. This is not conditional on occurrence of any pollution incident.

(2) YES. SC held that cleaning up and rehabilitating Manila Bay is ministerial in nature and can be compelled by mandamus. Sec. 3 (c) of RA No. 7924 (law creating MMDA) is mandated to put up an adequate and appropriate sanitary landfill and solid waste and liquid disposal as well as alternative garbage disposal systems. This is set up by law (enjoined as a matter of statutory obligations).

PHILIPPINE ENVIRONMENT POLICY PD 1151 Purpose: To protect the right of the people to a healthy environment through a requirement of environmental impact assessments and statements POLICY

It is hereby declared a continuing policy of the State (a) to create, develop, maintain and improve conditions under which man and nature can thrive in productive and enjoyable harmony with each other, (b) to fulfill the social, economic and other requirements of present and future generations of Filipinos, and (c) to insure the attainment of an environmental quality that is conducive to a life of dignity and well-being.

GOAL: (pertains to sustainable development/wise use concept during this time was not yet recognized or known)

recognize, discharge, and fulfil the responsibilities of each generation as trustee and guardian of the environment for the succeeding generations,

(b) assure the people of a safe, decent, helpful, productive, and aesthetic environment,

(c) encourage the widest exploitation of the environment without degrading it, or endangering human life, health, and safety or cr4eating conditions adverse to agriculture, commerce, and industry,

(d) preserve important historic and cultural aspects of the Philippine heritage,

(e) attain a rational and orderly balance between population and resource use,

(f) improve the utilization of renewable and non-renewable resources.

RIGHT TO A HEALTHY ENVIRONMENT the government recognizes the right of the people to a healthful

environment. It shall be the duty and responsibility of each individual to



contribute to the preservation and enhancement of the Philippine environment.

ENVIRONMENTAL IMPACT STATEMENTS Pursuant to the above enunciated policies and goals, all agencies and

instrumentalities of the national government, including all government owned and controlled corporations as well as private corporations and firms and entities shall prepare, file, and include in every action, project, or undertaking which significantly affects the quality of the environment a detailed statement

CLASS NOTES: Policy direction / guide

PHILIPPINE ENVIRONMENTAL CODE PD 1152 Purpose: To achieve and maintain such levels of air quality as to protect public health and to prevent to the greatest extent practicable, injury and/or damage to plant and animal life and property, and promote the social and economic development of the country Features:

(1) Provided a comprehensive program of environmental protection and management. The Code established specific environment management policies and prescribes environmental quality standards.

(2) To achieve and maintain such levels of air quality as to protect public health

and to prevent to the greatest extent practicable, injury and/or damage to plant and animal life and property, and promote the social and economic development of the country

(3) Prescribe management guidelines to protect and improve water quality through: classification of Philippine waters, establishment of water quality standards, protection and improvement of the quality of the Philippine water resources, and responsibilities for surveillance and mitigation of pollution incidents

(4) Set guidelines for waste management with a view to ensuring its effectiveness, encourage, promote and stimulate technological, educational, economic and social efforts to prevent environmental damage and unnecessary loss of valuable resources of the nation through recovery, recycling and re-use of wastes and wastes products, and provide measures to

guide and encourage appropriate government agencies in establishing sound, efficient, comprehensive and effective wastes management covering both solid and liquid wastes

NOTE: For PD 1152, usually, Ambatol gives the student reciting much leeway on choosing a specific title he/she wants to recite on. For example: Title II: Water Quality Management. So, make sure to read one specific title thoroughly.

OTHER TOPICS: 1. Air Quality Management 2. Water Quality Management 3. Land Use Management (land use, industrial lands,) 4. Nature Resources Management and Conservation (fisheries and aquatic resources,

wildlife, forestry and soil conservation, flood control and natural calamities, energy development, conservation and utilization of surface ground waters, mineral resources)

5. Waste Management MISCELLANEOUS PROVISIONS

Section 52. Population-Environment Balance Section 53. Environmental Education. The Department of Education and

Culture shall integrate subjects on environmental education in its school curricula at all levels

Section 55. Monitoring and Dissemination of Environmental Information of Foreign Origin. The Council shall keep itself informed of current environmental developments by obtaining information and literature from foreign sources

Section 56. Incentives. To operate the installation and the utilization of pollution control facilities (according to Amb. Tolentino some of the provision of this section was stopped since it was abused it became a controversial issue)

Section 57. Financial Assistance/Grant. Section 58. Participation of Local Government Units and Private Individuals. It shall

be the responsibility of local government units as well as private individuals to actively participate in the environmental management and protection programs of the government.

Section 59. Preservation of Historic and Cultural Resources and Heritage. It shall be the duty of every person to help preserve the historic and cultural resources of the country such as sites, structures, artifacts, documents, objects, memorials and priceless trees.

CLASS NOTES: This law sets the standards for quality



It also incite cooperation and coordination (not only government offices but everyone)

NPCC NPEC Reorganized to become DENR (NPCC and NPEX is under the EMB)

ESTABLISHING AN ENVIRONMENTAL IMPACT STATEMENT PD1586 OVERVIEW: it is the study of the environment WITH or WITHOUT the chemical project

Law establishing an environmental impact statement system, including other environmental management-related measures.

This is a PLANNING/MANAGEMENT tool EIA procedure EIS document passed to the Department

Purpose: To attain and maintain a rational and orderly balance between socio-economic growth and environmental protection

This established an ENVIRONMENTAL IMPACT STATEMENT SYSTEM founded and based on environmental impact statement, required under Section 4 of P.D. No. 1151, of all agencies, instrumentalities of national government, including GOCCs, as well as private corporations and entities for every proposed project/undertaking which significantly affect the quality of the environment. Section 4 of P.D. No. 1151 provides: Section 4. Environmental Impact Statements. Pursuant to the above enunciated policies and goals, all agencies and instrumentalities of the national government, including government-owned or controlled corporations, as well as private corporations firms and entities shall prepare, file and include in every action, project or undertaking which significantly affects the quality of the environment a detail statement on: (a) The environmental impact of the proposed action, project or undertaking (b) Any adverse environmental effect which cannot be avoided should the proposal be implemented; (c) Alternative to the proposed action; (d) a determination that the short-term uses of the resources of the environment are consistent with the maintenance and enhancement of the long-term productivity of the same; and (e) Whenever a proposal involves the use of depletable or non-renewable resources, a finding must be made that such use and commitment are warranted.

WHO DECLARES THE CRITICAL AREAS

Section 4. Presidential Proclamation of Environmentally Critical Areas and Projects. - The President of the Philippines may, on his own initiative or upon recommendation of the National Environmental Protection Council, by proclamation declare certain projects, undertakings or areas in the country as environmentally critical. No person, partnership or corporation shall undertake or operate any such declared environmentally critical project or area without first securing an Environmental Compliance Certificate issued by the President or his duly authorized representative.

FEATURES:

Declared environmentally critical projects and areas are required to obtain an Environmental Compliance Certificate before operation

Environmentally Critical Projects includes 1. heavy industries, 2. resource extractive industries, 3. infrastructure projects, 4. golf course projects

Characteristics of Environmentally Critical Areas:

Areas declared by law as natural parks, watershed reserves, wildlife reserves, 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 historical, archeological, geological or scientific interests Areas which are traditionally occupied by cultural communities or tribes Areas frequently visited and/or hard hit by natural calamities (geologic

hazards, floods, typhoons, volcanic activity, etc.) Areas of critical slope Areas classified as prime agricultural lands Recharged areas of aquifers Waterbodies Mangrove areas Coral reefs

Violators shall be punished by the suspension of cancellation of his/its

certificate and or fine for each violation



PROCLAMATION 2146 (ENVIRONMENTALLY CRITICAL AND WITHIN THE SCOPE OF THE ENVIRONMENTAL IMPACT STATEMENT SYSTEM ESTABLISHED UNDER PRESIDENTIAL DECREE NO. 1586.)

A. Environmentally Critical Projects a. Heavy Industries

i. Non-ferrous metal industries ii. Iron and steel mills iii. Petroleum and petro-chemical industries including oil and

gas iv. Smelting plants

b. Resource Extractive Industries i. Major mining and quarrying projects ii. Forestry projects

1. Logging 2. Major wood processing projects 3. Introduction of fauna (exotic-animals) in

public/private forests 4. Forest occupancy 5. Extraction of mangrove products 6. Grazing

iii. Fishery Projects 1. Dikes for/and fishpond development projects

c. Infrastructure Projects i. Major dams ii. Major power plants (fossil-fueled, nuclear fueled,

hydroelectric or geothermal) iii. Major reclamation projects iv. Major roads and bridges

B. Environmentally Critical Areas

a. All areas declared by law as national parks, watershed reserves, wildlife preserves and sanctuaries;

b. Areas set aside as aesthetic potential tourist spots; c. Areas which constitute the habitat for any endangered or

threatened species of indigenous Philippine Wildlife (flora and fauna);

d. Areas of unique historic, archaeological, or scientific interests; e. Areas which are traditionally occupied by cultural communities or

tribes; f. Areas frequently visited and/or hard-hit by natural calamities

(geologic hazards, floods, typhoons, volcanic activity, etc.); g. Areas with critical slopes; h. Areas classified as prime agricultural lands;

i. Recharged areas of aquifers; j. Water bodies characterized by one or any combination of the

following conditions; i. tapped for domestic purposes ii. within the controlled and/or protected areas declared by

appropriate authorities iii. which support wildlife and fishery activities

k. Mangrove areas characterized by one or any combination of the following conditions:

i. with primary pristine and dense young growth; ii. adjoining mouth of major river systems; iii. near or adjacent to traditional productive fry or fishing

grounds; iv. which act as natural buffers against shore erosion, strong

winds and storm floods; v. on which people are dependent for their livelihood.

l. Coral reefs characterized by one or any combinations of the following conditions

i. With 50% and above live coralline cover; ii. Spawning and nursery grounds for fish; iii. which act as natural breakwater of coastlines.

What is an ENVIRONMENTAL IMPACT ASSESSMENT (EIA)?

It is the process of predicting the likely environmental consequences of implementing a project or undertaking, and designing appropriate preventive, mitigating and enhancement measures.

EIA provides options for the project to be implemented with assurance that the quality of the environment and well- being of people will be safe-guarded. HENCE, EIA is a PLANNING TOOL.

REAL PURPOSE OF EIA:

1. To aid the proponent/applicant on environmental considerations prior to starting construction works on the project.

2. To aid agencies in considering EIA results in their decision making for their respective permitting system

ENVIRONMENTALLY CRITICAL PROJECTS (ECP):

The project include activities that have significant environmental consequences

A project in this category is likely to have significant adverse impact that may be sensitive, irreversible and diverse. If the project is an ECP, an EIS document will have to be submitted. It will be the Environmental



Management Bureau (EMB-Manila) that has jurisdiction on the matter. In other words, a project that is categorized as an ECP falls under the authority of the EMB and must follow the steps identified with the preparation of an EIS.

EIA STAGES 1. Screening - Determines if a project is covered or not covered by the PEISS

(Philippine Environmental Impact Statement System). If a project is covered, screening further determines what document type the project should prepare to secure the needed approval, and what the rest of the requirements are in terms of EMB office of application, endorsing and decision authorities, duration of processing.

2. Scoping - Identifies the most significant issues/impacts of a proposed project, and then, delimits the extent of baseline information to those necessary to evaluate and mitigate the impacts.

3. EIA Study and Report Preparation - Involves a description of the proposed project and its alternatives, characterization of the project environment, impact identification and prediction, evaluation of impact significance, impact mitigation, formulation of Environmental Management and Monitoring Plan,

4. EIA Report Review and Evaluation - An EMB procedural screening for compliance to minimum requirements specified during Scoping, followed by a substantive review of either composed third party experts commissioned by EMB as the EIA Review Committee for PEIS/EIS-based applications, or DENR/EMB internal specialists, the Technical Committee, for IEE based applications.

5. Decision Making - Involves evaluation of EIA recommendations and the draft decision document, resulting to the issuance of an ECC, CNC or Denial Letter. When approved, a covered project is issued its certificate of Environmental Compliance Commitment (ECC) while an application of a non-covered project is issued a Certificate of Non-Coverage (CNC).

6. Monitoring, Validation and Evaluation - Assesses performance of the Proponent against the ECC and its commitments in the Environmental Management and Monitoring Plans to ensure actual impacts of the project are adequately prevented or mitigated.

CASE: RP VS CITY OF DAVAO 388 SRA 691 FACTS: City of Davao filed an application for a Certificate of Non-Coverage (CNC) for its proposed project, the ARTICA Sports Dome. The application was filed with the

DENR-Environmental Management Bureau (EMB). Attached is a certificate from Planning & Development Office that the project is not located in a critical area. EMB denied application. It found:

Davao is located in an environmentally-critical area. It must undergo Environmental Impact Assessment process and submit

EIS. Davao filed a petition for mandamus and injunction with the RTC. RTC granted. It held that nothing in P.D. No. 1586 requires LGU to comply. ISSUES:

1. Whether Davao City, as a local government unit, is covered by PD No. 1586.

2. Whether CNC should be issued to it. HELD:

1. YES. Sec. 16 of the Local Government Code states that among the duties of an LGU is to promote peoples right to a balanced ecology. Hence, it is not exempt Also, as per the Civil Code, a person is either natural or juridical. The State and its political subdivisions are juridical persons. Hence, LGU is a person covered by PD No. 1586.

2. YES. Davao has sufficiently shown that the project area is not

environmentally-critical. Proclamation 2146 laid down all the environmentally-critical areas/projects. The Sports Dome does not fall under any of the categories.

CLEAN AIR ACT RA8749 1999 DECLARATION OF PRINCIPLES

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

The State shall promote and protect the global environment to attain sustainable development while recognizing the primary responsibility of local government units to deal with environmental problems.



The State recognizes that the responsibility of cleaning the habitat and environment is primarily area-based. The State also recognizes the principle that "polluters must pay".

Finally, the State recognizes that a clean and healthy environment is for the good of all and should therefore be the concern of all.

WHAT? outlines the governments measures to REDUCE air pollution and INCORPORATE environmental protection into its development plans. It mandates the various government agencies to do the following in support of the Act:

1. Department of Environment and Natural Resources (DENR) act as overall of the lead agency; prepare a National Air Quality Status Report which shall be used as a basis in formulating the Integrated Air Quality Improvement Framework; issue rules and regulations in the implementation of the Act.

2. Department of Transportation and Communication (DOTC) in coordination with the DENR in case of industrial dischargers and the DOTC, in case of motor vehicles, shall, based on environmental techniques, design, impose on and collect regular emission fees from all said dischargers as part of the emission permitting system or vehicle registration renewal system, as the case may be; implement the emission standards for motor vehicles

3. Department of Science and Technology (DOST) with the DENR, other agencies, private sector , the academe, non-government organizations and peoples organization, shall establish a National Research Development Program for the prevention and control of air pollution.

4. Department of Trade and Industry (DTI) , DOST Local Government Units (LGUs) - together with the DENR shall develop an action plan for the control and management of air pollution from motor vehicles with the Integrated Air Quality Management Framework.

5. DOTC, DTI and DENR - shall establish the procedures for the inspection of motor vehicles and the testing of their emissions for the purpose of determining the concentration and/or rate of emission of pollutants discharged by the said sources.

6. Department of Energy (DOE) co-chaired with the DENR, in consultation with the Bureau of Product Standards of DTI, DOST with the fuel and automotive industries, academe and the consumers shall set specifications for all types of fuel and fuel-related products, to improve fuel composition for increased efficiency and reduced emissions.

7. Philippine Atmospheric, Geophysical and astronomical Service Administration (PAGASA) shall regularly monitor meteorological factors affecting environmental conditions including ozone depletion and greenhouse gases.

8. Philippine Nuclear Research Institute (PNRI) with the DENR shall regulate all projects which will involve the use of atomic and/or nuclear energy, and will entail relaease of radioactive substances into the environment, incident to the establishment or possession of nuclear energy facilities and radioactive materials, handling, transport , production , storage and use of radioactive materials.

9. Department of Education (DepEd), Commission on Higher Education (CHED) , Department of Interior and Local Governments (DILG) and the Philippine Information Agency ( PIA) shall encourage participation of government agencies and the private sector including NGOs, POs, academe, environmental groups and other private entities in a multi-sectoral campaign.

PROHIBITED ACTS

1. BURNING a. Burning of Municipal Waste b. Burning of Hazardous Substances and Wastes c. Burning of Bio-Medical Waste (Incineration)

2. SMOKING a. Smoking in Public Places

3. FUEL RELATED ACTS a. Manufacture, Importation, Sale, Offer for Sale, Introduction into

Commerce, Conveyance or other Disposition of Leaded Gasoline b. Manufacture, Processing, Trade of Fuel or Fuel Additive Without

Prior Registration of the Fuel or Fuel Additive with the DOE c. Misfuelling

COVERED BY CLEAN AIR ACT A. POLLUTION FROM MOTOR VEHICLES- refers to vehicle like cars, trucks, buses, jeepneys, tricycles, motorcycles and vans.



B. POLLUTION FROM STATIONARY SOURCES- refers industrial firms and smokestacks of power plants, hotels and other establishments.

With respect to any trade, industry, process and fuel burning equipment or industrial plant emitting air pollutants, the concentration at the point of emission shall not exceed the following limits:

All 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.

C. POLLUTION FROM OTHER SOURCES- refers to sources of emission other than the above. These include smoking, burning of garbage, and dust from construction, unpaved grounds, etc.

CLEAN WATER ACT RA 9279 2004 -aims to protect the countrys water bodies from pollution from land-based sources, industries and commercial establishments, agriculture and community (household activities). Coverage of the Act - This Act shall apply to water quality management in all water bodies: Provided, That it shall primarily apply to the abatement and control of pollution from land based sources: Provided, further, That the water quality standards and regulations and the civil liability and penal provisions under this Act shall be enforced irrespective of sources of pollution. It mandates the various government agencies to do the following in support of the Act:

(1) Philippine Coast Guard in coordination with DA and the Department shall enforce for the enforcement of water quality standards in marine waters, set pursuant to this Act, specifically from offshore sources;

(2) DPWH through its attached agencies, such as the MWSS, LWUA, and including other urban water utilities for the provision or sewerage and sanitation facilities and the efficient and safe collection, treatment and disposal of sewage within their area of jurisdiction;

(3) DA, shall coordinate with the Department, in the formulation of guidelines for the re-use of wastewater for irrigation and other agricultural uses and for the prevention, control and abatement of pollution from agricultural and aquaculture activities: Provided, That discharges coming from non-point sources be categorized and further defined pursuant to this Act: Provided, further, That the Bureau of Fisheries and Aquatic Resources (BFAR) of the

DA shall be primarily responsible for the prevention and control of water pollution for the development, management and conservation of the fisheries and aquatic resources;

(4) DOH shall be primarily responsible for the promulgation, revision and enforcement of drinking water quality standards;

(5) DOST, in coordination with the Department and other concerned agencies, shall prepare a program for the evaluation

environmental law

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