Philippine Environment Laws
as enlisted and summarized by your preferred environmental consultancy & engineering firm in the Philippines
GENERAL ENVIRONMENTAL LAWS & POLICIES
Philippine Environmental Policy
Presidential Decree No. 1151 (06 June 1977): In the pursuit of advancing both the productive and harmonious relationship of nature and the Filipino people of today and the future, the Philippine Environmental Policy mandates an intensive and integrated national environmental protection program mainly by requiring environmental impact assessments and statements.
Philippine Environmental Impact Statement System
Presidential Decree No. 1586 (11 June 1978): This policy established the Philippine Environmental Impact Statement System (PEISS) as the framework for all environmental impact assessment activities nationwide. In consonance with the Philippine Environmental Policy (PD 1151), the PEISS includes the classification of every development project as either environmentally critical or environmentally non-critical. All projects that can potentially cause any form of significant impact to the environment are regarded as environmentally critical and are therefore required to secure an Environmental Compliance Certificate (ECC).
Strategic Environmental Plan for Palawan Act of 1992
Republic Act No. 7611: The Strategic Environmental Plan (SEP) is “a comprehensive framework for the sustainable development of Palawan.” All projects of government agencies, from planning to implementation, in the province should be coordinated and aligned to this framework. The main strategy here is to establish an “Environmentally Critical Areas Network” or ECAN which is a graded system of protective control over all terrestrial and marine natural resources, as well as the tribal ancestral lands in Palawan. The Palawan Council for Sustainable Development (PCSD) was created pursuant to this policy.
Climate Change Act of 2009
Republic Act No. 9729: In light of the climate vulnerability of the Philippines and its people, the Climate Change Act of 2009 integrates climate change adaptation and mitigation strategies into policy formulation and development activities of all government agencies. It also created the Climate Change Commission, chaired by the President of the Republic of the Philippines, as the central entity for all climate change-related plans and programs in the country.
Writ of Kalikasan
Rules of Procedure for Environmental Cases (A.M. No. 09-6-8-SC, 29 April 2010): The Writ of Kalikasan (A.M. No. 09-6-8-SC Rule 7) is one of the two (2) special civil actions that any person or entity can avail of whenever their constitutional right to a balanced and healthy environment is violated or threatened. The other civil action that can be availed of is the Writ for Continuing Mandamus (A.M. No. 09-6-8-SC Rule 8) which applies when a government agency or officer violates an environmental policy.
Philippine Disaster Risk Reduction and Management Act of 2010
Republic Act No. 10121: Making the then National Disaster Coordinating Council (NDCC) into what we know today as the National Disaster Risk Reduction and Management Council (NDRRMC) to serve as the lead agency for disaster-related programs in the Philippines such as but not limited to the development of the comprehensive guides for DRR efforts nationwide (referred to as the National Disaster Risk Reduction and Management Framework [NDRRMF] and National Disaster Risk Reduction and Management Plan [NDRRMP]).
Here is the NDRRMP for 2011 to 2028. Pursuant to this Act, regional, provincial, city, and municipal Disaster Risk Reduction and Management (DRRM) councils and barangay DRRM committees were also created. Among other provisions, RA 10121 also mandated DRRM Education in secondary and tertiary education as well as in the Sangguniang Kabataan along with the Mandatory DRRM training for public sector employees (Section 14).
ENVIRONMENTAL LAWS AND POLICIES ON WASTE & POLLUTION
Philippine Sanitation Code
Presidential Decree No. 856 (23 December 1975): The Philippine Sanitation Code sets sanitary standards for drinking water, food and other business establishments, industrial hygiene, schools, health services, markets, slaughterhouses, transport vehicles, terminals and other service stations, and lodging areas and infrastructures among many others. It regulates nuisances (anything that injures health, endangers life, offends senses, or produces discomfort to the community), and activities concerning dead persons, their funeral, and remains. Importantly, it regulates other forms of pollution not covered in the above-mentioned places like that caused by certain substances, radiation, noise, and biological pollutants among others. It also sets the requirements for the collection of sewage, operation of sewerage works and sewage treatment plants, construction of septic tanks, and disposal of septic tank effluents (Chapter XVII).
GreenDev has worked on a Sewage Treatment Plant project with Boracay Water and on the proposed Septage Management System in Tagum River, Iloilo City.
If you are looking for professionals to work with on similar projects, we’ll be glad to collaborate!
Marine Pollution Decree of 1976
Presidential Decree No. 979 (18 August 1976): Pursuant to this policy, dumping of wastes and other hazardous matter into the ocean and inland waters of the Philippines is considered unlawful unless due to unavoidable accidents or otherwise prescribed by the National Pollution Control Commission or the Philippine Coast Guard.
Water Code of the Philippines
Presidential Decree No. 1067 (31 December 1976): The Water Code of the Philippines governs the ownership, allocation, utilization, control, conservation, and the overall administration of all waters and water resources in the country through the National Water Resources Board. Filipinos of legal age and entities, including government agencies, must acquire a water permit (the written evidence of having a water right) in order to be able to appropriate and use water. Any activities affecting water resources shall likewise acquire a permit first.
The water permit specifies among others the
(1) maximum amount and rate as well as the schedule of water diversion or withdrawal,
(2) location of wells,
(3) place of use, and
(4) purpose/s of water use
The streambank easement zones of three (3) meters for urban areas, twenty (20) meters for agricultural areas, and forty (40) meters for forest areas along the entire length of the rivers and streams are also mandated under Article 51 of this Code.
Toxic Substances and Hazardous and Nuclear Wastes Control Act of 1990
Republic Act No. 6969: Importation, manufacturing, processing, sale, distribution, use, and disposal of substances that pose an unreasonable risk and/or injury to the health of the people and the environment are prohibited under this Act. All chemicals being presently imported, manufactured, or used in the country are listed in an inventory with full details and any new substances must undergo pre-manufacturing or pre-importation regulations. To get to know more about hazardous waste management in the Philippines, check out our definitive guide on this topic here.
Philippine Clean Air Act of 1999
Republic Act No. 8749: One of the salient features of this Act is the establishment of a multi-sectoral Integrated Air Quality Improvement Framework and Air Quality Control Action Plan which will serve as the primary guide for air pollution management and control in the country. Adopting a multi-sectoral or participatory approach (also called “partnership approach to healthy air” or “people-driven approach”) means that ideas and comments should be gathered from all stakeholders, and information is largely disclosed to the public. Alongside many other regulatory measures, all sources of air pollutant emissions are also mandated by this Act to secure a permit to operate apart from the Environmental Compliance Certificate (ECC). Importantly, this Act sets the emission limits for various types of pollutants both stationary and mobile, including smoking, fuel and fuel additives, ozone-depleting substances, greenhouse gases, and organic pollutants among many others.
Ecological Solid Waste Management Act of 2000
Republic Act No. 9003: Aimed at establishing a nationwide ecological solid waste management program, this Act provides for the furtherance of proper segregation, collection and transport, recycling, and composting of wastes in the Philippines. Article 6 of RA 9003 promulgates the guidelines for a comprehensive waste management strategy including but not limited to: Prohibition of open dumps, Requiring a permit for solid waste management facility construction and expansion, Guidelines for controlled dumps, and Criteria for siting, establishment, and operations of sanitary landfills in the country.
We wrote about solid waste management planning, requirements for solid waste management operations and the different guidelines for waste management facilities as mandated by this Act in this complete guide.
Philippine Clean Water Act of 2004
Republic Act No. 9275: The Philippine Clean Water Act of 2004 is the comprehensive strategy for the protection and conservation of the country’s water resources, both freshwater and marine. This Act requires the acquisition of water pollution permits through the “Wastewater Charge System” which ensures that there are no unauthorized, undocumented, and unregulated discharges in any water body in the Philippines. Project and program proponents are also required to establish an environmental guarantee fund (EGF) in order to finance the preservation and/or rehabilitation of the health of the affected ecosystems, especially that of the watersheds and aquifers among others. All persons or organizations that cause pollution are likewise required to clean-up any pollution they have caused at their own expense.
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