Module 3
Module 3
MODULE
51
MODULE 3
OVERVIEW OF SALIENT FEATURES OF BASIC
PHILIPPINE ENVIRONMENTAL LAWS
PRE-TEST
52
b. Multi-sectoral governing boards with representatives from local governments
concerned, private sector, people’s organizations, NGO’s, and other concerned
government agencies.
c. The private sector alone
d. The secretary of DENR alone
_____7. This law was crafted in response to the looming garbage problems in the
country.
a. RA 9275
b. RA 9003
c. RA 6969
d. RA 8749
_____8. One of this law’s objective is to keep an inventory of chemicals that are
presently being imported, manufactured, or used; indicating, among others, their
existing and possible uses, test data, names of firms manufacturing or using them,
and such other information as may be considered relevant to the protection of
health and the environment.
a. RA 9275
b. RA 9003
c. RA 6969
d. RA 8749
_____9. Knowingly use in chemical substance or mixture which is imported,
manufactured, processed or distributed in violation of this Act or implementing
rules and regulations or orders is a prohibited act under which law?
a. RA 9275
b. RA 9003
c. RA 6969
d. RA 8749
_____10. Established in 1978 to facilitate the attainment and maintenance of rational
and orderly balance between socio-economic development and environmental
protection.
a. Environmental Impact Statement
b. Environmental Profile
c. Environmental Law
d. Environmental Assessment
53
Through the years, humanity has witnessed how various human activities has led
to countless environmental problems – pollution of bodies of water, waste generation,
deforestation, depletion of natural resources, and climate change. With the growing
awareness of humanity of the state of the environment, several laws had been made to
protect it and to preserve it for the generations to come.
This module will give an overview of the salient features of some of the existing
environmental laws in the Philippines.
ENVIRONMENTAL LAW
Environmental law is a collective term encompassing aspects of the law that
provide protection to the environment (Sands, 2003). Environmental Laws are essential
to prevent and combat issues associated with the environment and conservation of
natural resources. It is mostly considered with regulations and treaty agreements between
countries, corporations, and public interest initiatives that work to promote the
conservation of natural resources and to enhance energy efficiency (Conserve Energy
Future, 2020).
These laws focus on issues like global warming, climate change, greenhouse gas
emissions, acid rain, hunting of endangered species, deforestation, depletion of natural
resources, and pollution.
AREAS OF CONCERN
Several areas are covered by the environmental law. All of which has a common
denominator: the protection of ecology and the health of the environment.
1. Pollution
The first and most visible way in
which the public is aware of and
engaged with environmental law is
pollution. Some of the world's earliest
environmental laws concern the
protection of our environment from
polluting materials and, by extension,
aim to improve public health.
Air Pollution and Quality
Figure 12: Smog Covering Metro Manila (PHOTO
Contaminant Clean-up, Prevention BY JAY DIRECTO, AFP,01/01/2013 01:55 PM)
and Mitigation
Safe Use of Chemicals
54
Waste Management
Water Quality
2. Sustainability of Resources
As well as prevention, treatment and mitigation of the above resources, there
is increasingly a need for laws concerning sustainability. This is defined as the
ability or desire to sustain a resource at a certain level and based on three scientific
principles: increased dependence on renewable energy, biodiversity, and chemical
cycling. Typically, it involved interventions to place limits on use or to enforce
standards of replacement. It covers the following areas.
Forestry and landscape sustainability
Impact Assessment and monitoring
Mineral resource sustainability
Water Resource Sustainability
Wildlife and Fishery Sustainability
IMPORTANT TERMS
Listed below are some of the defined environmental terms from (Mason, 2020) that
you may find handy as you go about this module.
Abatement: The process of reducing the quantity, intensity, or saturation of a pollutant or
other harmful substance by way of treatment.
Acidification: Reducing the pH rating of a substance making it more acidic in nature, for
example, increased carbon emissions lead to the oceans absorbing more of it, increasing
acidification and damaging ecology such as coral bleaching.
Active ingredient: Also used in medicine, the “active ingredient” in a chemical compound
is the one that has the intended effect. In medicinal use, it's the substance that attacks
the bacteria/virus/tumor. In pesticide use, it's the substance that kills or repels pests.
Air emissions: Any gas emitted into the atmosphere from industrial or commercial
activity. Typically used in conjunction with “greenhouse gas” but some emissions are not
GHGs.
55
Catalyst: A chemical compound that alters another to render it inert, less harmful, or less
intense without removing some of its parts - usually adding to it.
Climate change: The process by which the climate changes due to “forcings”. These can
be natural events or, as is the case at present, the result of industrial age actions in
increasing greenhouse gases and reducing carbon sinks.
Dredging: The removal of silt, mud, or other sold material from the bed of a body of water.
Too much of this material can cause flooding.
Emission: Any pollutant discharged into the atmosphere that will contribute to overall
chemical change as it will not be broken down or otherwise removed.
Endangered species: Any species whose numbers and diversity is so low that they are
at danger of becoming extinct.
Energy Efficiency: The amount of energy harnessed from the combustion process
(burning fuel). Machinery, motor vehicles, and our homes are said to be energy efficient
the more energy that is extracted from lower or smaller volumes of the source.
Filtration: Removing solid waste and material from water in the process of wastewater
treatment.
56
Fossil fuel: Any mineralized formerly organic material extracted from the ground and
used in energy production: coal, natural gas, oil.
Half-life: the time it takes for any pollutant (usually refers to radioactive material but also
includes other toxic material) to halve its effect on the environment.
Hazardous Waste: Similar to above, but waste material produced as a byproduct of any
commercial or industrial activity that has the same dangerous attributes. As it is a waste,
it serves no purpose on its own.
Indoor air (pollution): coming under OSHA rather than EPA, there are laws in place to
ensure that employees work in a clean and safe environment with good ventilation. Indoor
air is anything contained with a building. Indoor air pollution is any chemical or other
substances contributing to an imbalance that could affect the health of the building's
inhabitants.
Landfill: An area of land set aside for the disposal of waste - usually commercial or
residential of non-toxic waste although in the case of where they might contain such,
treatment may be required to prevent pollution.
Ozone layer: A protective layer of gas in the upper atmosphere that absorbs the sun's
must harmful radiation. Its depletion was one of the major problems of the 1980s.
57
Pollutant: A substance or material introduced into an environment that has negative or
harmful effects to the ecology or specific biological species, or one that reduces the
efficiency or safety of a resource.
Remediation: The process of removing toxic materials from an environment and the
attempt to restore it to a previous state. This can be anything from asbestos, lead and
other heavy metals, and radioactive isotopes.
Sanctions: This legal term also exists outside of environmental law and it means the
same thing. It's the application of measures against a polluter or other entity or person
who breaks environmental law. Often, measures will include a ban on government
contracts.
Sewage: Solid and liquid waste removed from residential properties, typically human
waste but also includes anything that uses water to take it away. Sometimes called
wastewater.
Smog: a portmanteau of “smoke” and “fog”. Smog is not natural, It is the direct result of
emissions from industrial processes.
Vulnerable Zone: During a chemical leak, it will be necessary to track its most likely path
based on meteorological data. The vulnerable zone is the area where the airborne
pollutant or chemical might because problematic.
Water table: The “typical” level of water beneath solid ground. It's higher during wet
periods and lower during drier spells.
Wetlands: A wetland is an area of land that has a high water table or one that is typically
flooded for most of the time. It can be tidal or non-tidal and includes marshes and
floodplains. The Everglades National Park is one such example. They are often a haven
for wildlife and subject to protections to preserve their unique profile.
58
FUNDAMENTAL PHILIPPINE ENVIRONMENTAL LAWS
According to (Bunye, 2019), The Philippine Constitution provides special
protection to environmental rights. It declares as a policy that the state shall “protect and
advance the right to a balanced and healthful ecology in accord with the rhythm and
harmony of nature”. Guided by this policy, the Philippine Congress has enacted
environmental laws that strictly regulate a large portion of the country’s economic activity.
Republic Act 9275
PHILIPPINE CLEAN WATER ACT OF 2004
March 22, 2004
Republic Act 9275 provides for a comprehensive water quality management policy
amidst economic growth. The policy provides for the consistent protection, preservation,
and revival of the quality of Philippine waters with frameworks patterned through the
pursuit of sustainable development. Importantly provided for by this act are Water Quality
Management Systems and Institutional Mechanisms.
The law aims to protect the country's
water bodies from pollution from land-based KNOW MORE ABOUT THE
sources (industries and commercial CLEAN WATER ACT
establishments, agriculture and http://119.92.161.2/ECA%20Center/R
community/household activities). It provides A9275.pdf
for comprehensive and integrated strategy
to prevent and minimize pollution through a multi-sectoral and participatory approach
involving all the stakeholders (Environmental Management Bureau).
OBJECTVES
It shall be the policy of the state to:
1. Streamline processes and procedures in the prevention, control and abatement of
pollution of the country’s water resources;
2. Promote environmental strategies, use of appropriate economic instruments and
of control mechanisms for the protection of water resources;
3. Formulate a holistic national program of water quality management that recognizes
that water quality management issues cannot be separated from concerns about
water sources and ecological protection, water supply, public health and quality of
life;
4. Formulate an integrated water quality management framework through proper
delegation and effective coordination of functions and activities
5. Promote commercial and industrial processes and products that are environment
friendly and energy efficient
59
6. Encourage cooperation and self-regulation among citizens and industries through
the application of incentives and market-based instruments and to promote the role
of private industrial enterprises in shaping its regulatory profile within the
acceptable boundaries of public health and environment
7. Provide for a comprehensive management program for water pollution focusing on
pollution prevention
8. Promote public information and education and to encourage the participation of an
informed and active public in water quality management and monitoring
9. Formulate and enforce a system of accountability for short and long-term adverse
environmental impact of a project, program or activity
10. Encourage civil society and other sectors, particularly labor, the academe and
business undertaking environment-related activities in their efforts to organize,
educate and motivate the people in addressing pertinent environmental issues and
problems at the local and national levels.
As early as 1996, monitory of the country’s rivers showed that only 51% of
the classified rivers still met the standards for their most beneficial use. The
rest were polluted from domestic, industrial and agricultural sources
Most studies point to the fact that domestic wastewater is the principal cause
of organic pollution (at48%) of our water bodies. Yet, only 3% of investments
in water supply and sanitation were going to sanitation and sewage
treatment.
A recent World Bank report pointed out that Metro Manila was second to the
lowest in sewer connections among major cities in Asia and less that 7%
compared to 20% for Katmandu, Nepal and 30% for Dhaka, Bangladesh.
Thirty-one percent (31%) of all illnesses in the country are attributed to
polluted waters. Clearly, to ensure access to clean water for all Filipinos, it
was imperative that government put together a comprehensive strategy to
protect water quality.
60
pollutants in water bodies are to be designated by the DENR in coordination with the
National Water Resources Board (NWRB).
Controlling the Discharge of Wastewater
All owners or operators of facilities that discharge wastewater are required to get
a permit to discharge from the DENR or the Laguna Lake Development Authority. Existing
industries without any permit are given 12 months from the effectivity of the implementing
rules and regulations (IRR) promulgated pursuant to this Act to secure a permit to
discharge.
Anyone discharging wastewater into a water body will have to pay a wastewater
charge. This economic instrument which will be developed in consultation with all
concerned stakeholders is expected to encourage investments in cleaner production and
pollution control technologies to reduce the amount of pollutants generated and
discharged.
Effluent trading per management area will also be allowed. Rewards will also be
given to those whose wastewater discharge is better than the water quality criteria of the
receiving body of water. Fiscal and non-fiscal incentives will also be given to LGUs, water
districts, enterprise, private entities and individuals who develop and undertake
outstanding and innovative projects in water quality management.
1. Discharging or depositing any water pollutant to the water body, or such which
will impede natural flow in the water body
2. Discharging, injecting or allowing to enter into the soil, anything that would
pollute groundwater
3. Operating facilities that discharge regulated water pollutants without the valid
required permits
4. Disposal of potentially infectious medical waste into sea by vessels
5. Unauthorized transport or dumping into waters of sewage sludge or solid
waste.
6. Transport, dumping or discharge of prohibited chemicals, substances or
pollutants listed under Toxic Chemicals, Hazardous and Nuclear
7. Wastes Control Act (Republic Act No. 6969)
8. Discharging regulated water pollutants without the valid required discharge
permit pursuant to this Act
9. Noncompliance of the LGU with the Water Quality Framework and
Management Area Action Plan
61
10. Refusal to allow entry, inspection and monitoring as well as access to reports
and records by the DENR in accordance with this Act
11. Refusal or failure to submit reports and/or designate pollution control officers
whenever required by the DENR in accordance with this Act
12. Directly using booster pumps in the distribution system or tampering with the
water supply in such a way to alter or impair the water quality
13. Operate facilities that discharge or allow seeping, willfully or through grave
negligence, prohibited chemicals, substances, or pollutants listed under R.A.
No. 6969, into water bodies.
14. Undertake activities or development and expansion of projects, or operating
wastewater treatment/sewerage facilities in violation of P.D.1586 and its IRR.
FUNDAMENTAL DUTIES
RA 9275 mandates the various agencies to do the following in support of the act:
Table 2: Fundamental Duties of Various Agencies
62
Department of Energy (DOE)With the DENR shall formulate water quality criteria
and standards specifically for geothermal
exploration that encounters re-injection constraints,
that provides adequate protection to other users of
water bodies downstream of the geothermal
project.
Department of Science and With the DENR shall prepare a program for the
Technology (DOST) evaluation, verification, development and public
dissemination of pollution prevention and cleaner
production technologies.
The Philippines Clean Air Act of 1999 (Republic Act No. 8749) outlines
the government’s measures to reduce air pollution and incorporate
environmental protection into its development plans. It relies heavily on the
polluter pays principle and other market-based instruments to promote self-
regulation among the population. It sets emission standards for all motor
vehicles and issues pollutant limitations for industry. Emission limit values
are laid down by The Department of Environment and Natural Resources,
Philippines as ‘Implementing Rules and Regulations for Philippine Clean
Air Act of 1999’. These rules and regulations shall apply to all industrial
emissions and other establishments which are potential sources of air
pollution.
63
1. Formulate a holistic national program of air pollution that shall be implemented by
the government through proper delegation and effective coordination of function
and activities;
2. Encourage cooperation and self-regulation among citizen and industries through
the application of incentives market-based instruments;
3. Focus primarily on pollution prevention rather than on control and provide for a
comprehensive management program on air pollution;
4. Promote public information and education to encourage the participation of an
informed and active public in air quality planning and monitoring;
5. Formulate and enforce a system of accountability for short and long term adverse
environmental impact of a project, program or activity. This shall include setting up
of a funding or guarantee mechanism for clean-up and environmental rehabilitation
and compensation for personal damages.
Designation of Airsheds
64
Section 12 states that the Department, in coordination with other concerned
agencies, shall review and/or revise and publish annually a list of hazardous air pollutants
with corresponding ambient guideline values and/or standard necessary to protect public
health and safety, and general welfare. The initial list and values of the hazardous air
pollutants shall be as follows:
a Maximum limits represented by ninety-eight percentile (98%) values not to be exceeded more
than once a year.
b Arithmetic mean.
c SO2 and Suspended Particulate Matter are sampled once every six days when using the
manual methods. A minimum of twelve sampling days per quarter or forty-eight sampling days
each year is required for these methods. Daily sampling may be done in the future once
continuous analyzers are procured and become available.
d Limits for Total Suspended Particulate Matter with mass median diameter less than 25-50 µm.
e Annual Geometric Mean.
f Provisional limits for Suspended Particulate Matter with mass median diameter less than 10
microns and below until sufficient monitoring data are gathered to base a proper guideline.
g Evaluation of this guideline is carried out for 24-hour averaging time and averaged over three
moving calendar months. The monitored average value for any three months shall not exceed the
guideline value.
65
Figure 14: Air Quality Standards for Source Specific Air Pollutants from Industrial
Sources/Operations
FUNDAMENTAL DUTIES
It mandates the various government agencies to do the following in support of
the Act:
Table 3: Fundamental Duties of Various Agencies
66
Department of Transportation and in coordination with the DENR in case of
Communication (DOTC) 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
Department of Science and with the DENR, other agencies, private sector ,
Technology ( DOST) the academe, non-government organizations
and people’s organization, shall establish a
National Research Development Program for
the prevention and control of air pollution.
Department of Trade and Industry together with the DENR shall develop an action
(DTI) , DOST Local Government plan for the control and management of air
Units (LGUs) pollution from motor vehicles with the
Integrated Air Quality Management
Framework.
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.
Department of Energy (DOE) co- shall set specifications for all types of fuel and
chaired with the DENR, in fuel-related products, to improve fuel
consultataion with the Bureau of composition for increased efficiency and
Product Standards of DTI, DOST reduced emissions.
with the fuel and automotive
industries, academe and the
consumers
Philippine Atmospheric, shall regularly monitor meteorological factors
Geophysical and astronomical affecting environmental conditions including
Service Administration (PAGASA) ozone depletion and greenhouse gases.
Philippine Nuclear Research with the DENR shall regulate all projects which
Institute (PNRI) 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.
Department of Education (DepEd), With the DENR shall prepare a program for the
Commission on Higher Education evaluation, verification, shall encourage
(CHED) , Department of Interior participation of government agencies and the
and Local Governments (DILG) private sector including NGOs, POs, academe,
67
and the Philippine Information environmental groups and other private entities
Agency ( PIA) in a multi-sectoral campaign.and public
dissemination of pollution prevention and
cleaner production technologies.
OBJECTIVES
It is the policy of the state to adopt a systematic, comprehensive, and ecological
solid waste management program which shall:
1. Ensure the protection of public health and environment
68
2. Utilize environmentally-sound methods that maximize the utilization of
valuable resources and encourage resources conservation and recovery
3. Set guidelines and targets for solid waste avoidance and volume reduction
through source reduction and waste minimization measures, including
composing, recycling, re-use, recovery, green charcoal process, and
others, before collection, treatment and disposal in appropriate and
environmentally sound solid waste management facilities in accordance
with ecologically sustainable development principles
4. Ensure the proper segregation, collection, transport, storage, treatment and
disposal of solid waste through the formulation and adoption of the best
environmental practices in ecological waste management excluding
incineration
5. Promote national research and development programs for improved solid
waste management and resource conservation techniques, more effective
institutional arrangement and indigenous and improved methods of waste
reduction, collection, separation and recovery
6. Encourage greater private sector participation in solid waste management
7. Retain primary enforcement and responsibility of solid waste management
with local government units while establishing a cooperative effort among
the national government, other local government units, non-government
organizations, and the private sector
8. Encourage cooperation and self-regulation among waste generators
through the application of market-based instrument
9. Institutionalize public participation in the development and implementation
of national and local integrated, comprehensive and ecological waste
management programs
10. Strengthen the integration of ecological solid waste management and
resource conservation and recovery topics into the academic curricula of
formal and non-formal education in order to promote environmental
awareness and action among the citizenry.
Brief features of the Republic Act 9003 are presented in a short policy paper
submitted by (Aquino, Derequito, & Festejo-Abeleda, 2013) to the Food and Fertilizer
Technology Center (FFTC). The features are as follows:
Institutional Mechanism
The establishment of the National Solid Waste Management Commission
(NSWMC) and Solid Waste Management Board (SWMB) in each local government unit
(LGU) is mandated by RA 9003 to be presented by public officials, I their ex-officio
capacity, and the private sector. The commission shall serve as the coordinating body
and likewise develop and implement the National Solid Waste Management Framework.
69
The SWMB, on the other hand, is directed to formulate a 10-year local Ecological
Solid Waste Management Plans instituting an effective and sustainable solid waste
management plan with primary emphasis on implementation of all feasible reuse,
recycling, and composting program.
Comprehensive Solid Waste Management
1. Waste Characterization and Segregation
2. Source Reduction
This refers to the methods which the LGUs can reduce a sufficient
amount of solid waste disposed within 5 years. LGUs are expected to divert
25% of all solid waste from waste disposal facilities through reuse, recycling
and composting activities.
The plan shall define and identify specific strategies and activities taking
into account the availability and provision of properly designed containers
in selected collection points while awaiting collection and transfer,
segregation, hauling and transfer from collection points to final disposal
sites, issuance and enforcement of ordinances for effective implementation,
and provision of properly trained officers and workers.
4. Recycling Program
5. Composting
70
The Department of Agriculture shall publish an inventory of existing
markets and demands for composts that is updated annually. These
composts intended for commercial distribution should conform to the
standards set by the DA for organic fertilizers.
FUNDAMENTAL DUTIES
It mandates the various government agencies to do the following in support of
the Act:
Table 4: Fundamental Duties of Various Agencies
71
environmental concerns in school curricula at
all levels
OBJECTIVES
1. To keep an inventory of chemicals that are presently being imported,
manufactured, or used; indicating, among others, their existing and possible uses,
test data, names of firms manufacturing or using them, and such other information
as may be considered relevant to the protection of health and the environment;
2. To monitor and regulate the importation, manufacture, processing, handling,
storage, transportation, sale, distribution, use and disposal of chemical substances
and mixtures that present unreasonable risk or injury to health or to the
environment in accordance with national policies and international commitments;
3. To inform and educate the populace regarding the hazards and risks attendant to
the manufacture, handling, storage, transportation, processing, distribution, use
and disposal of toxic chemicals and other substances and mixtures; and
4. To prevent the entry, even in transit, as well as the keeping or storage and disposal
of hazardous and nuclear wastes into the country for whatever purpose.
72
FUNCTIONS, POWERS AND RESPONSIBILITIES OF THE DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Section 6 states that the Department of Environment and Natural Resources shall
be the implementing agency tasked with the following functions, powers, and
responsibilities:
1. To keep an updated, inventory of chemicals that are presently being
manufactured or used, indicating, among others, their existing and possible
uses, quantity, test data, names of firms manufacturing or using them, and such
other information as the Secretary may consider relevant to the protection of
health and the environment;
2. To require chemical substances and mixtures that present unreasonable risk
or injury to health or to the environment to be tested before they are
manufactured or imported for the first time;
3. To require chemical substances and mixtures which are presently being
manufactured or processed to be tested if there is a reason to believe that they
pose unreasonable risk or injury to health and the environment;
4. To evaluate the characteristics of chemicals that have been tested to determine
their toxicity and the extent to their effects on health and the environment;
5. To enter into contracts and make grants for research, development, and
monitoring of chemical substances and mixtures;
6. To conduct inspection of any establishment in which chemicals are
manufactured, processed, stored or held before or after their commercial
distribution and to make recommendations to the proper authorities concerned;
7. To confiscate or impound chemicals found not falling within the standard set
by the rules and regulations and the said acts cannot be enjoined except after
the chemicals have been impounded;
8. To monitor and prevent the entry, even in transit, of hazardous and nuclear
wastes and their disposal into the country;
9. To subpoena witnesses and documents and to require other information if
necessary to carry out the provisions of this Act;
10. To call on any department, bureau, office, agency, state university or college,
and other instrumentalities of the Government for assistance in the form of
personnel, facilities, and other resources as the need arises in the discharge of
its functions; PRIME-M4 Page 4 of 8
11. To disseminate information and conduct educational awareness campaign on
the effects of chemical substances, mixtures and wastes on health and
environment; and
12. To exercise such powers and perform such other functions as may be
necessary to carry out its duties and responsibilities under this Act.
73
CHEMICALS SUBJECT TO TESTING
Section 9 states that testing shall be required in all cases where:
1. There is a reason to believe that the chemical substances or mixture may
present an unreasonable risk to health or environmental exposure thereto;
2. There are insufficient data and experience for determining or predicting the
health and environmental effects of the chemical substance or mixture; and
3. The testing of the chemical substance or mixture is necessary to develop such
data. The manufacturers, processors or importers shall shoulder the costs of
testing the chemical substance or mixture that will be manufactured, processed
or imported.
PROHIBITED ACTS
Section 13 states that the following acts and omissions shall be considered
unlawful:
1. Knowingly use in chemical substance or mixture which is imported,
manufactured, processed or distributed in violation of this Act or implementing
rules and regulations or orders;
2. Failure or refusal to submit reports, notices or on the information, access to
records as required by this Act, or permit inspection of establishment where
chemicals are manufactured, processed, stored or otherwise held;
3. Failure or refusal to comply with the pre-manufacture and pre-importation
requirements; and
74
4. Cause, aid or facilitate, directly or indirectly, in the storage, importation or
bringing into Philippine territory, including its maritime economic zones, even
in transit, either by means of land, air or sea transportation or otherwise keeping
in storage any amount of hazardous and nuclear wastes in any part of the
Philippines.
IMPLEMENTING RULES AND
REGULATIONS (IRR)
http://119.92.161.2/portal/Portals/30/I
RR%20of%20Republic%20Act%2069
69.pdf
The Chainsaw Act, or Republic Act 9175, signed on November 7, 2002, regulates
the ownership, possession, sale, importation, and use of chainsaws and penalizes
violators.
Section 2 of RA 9175 states that it is the policy of the State, consistent with the
Constitution, to conserve, develop and protect the forest resources under sustainable
management. Toward this end, the State
shall pursue an aggressive forest protection KNOW MORE ABOUT CHAIN
program geared towards eliminating illegal SAW ACT OF 2002
logging and other forms of forest destruction https://forestry.denr.gov.ph/images/po
licies/2003/dao/dao2003-24.pdf
which are being facilitated with the use of
chainsaws. The State shall therefore
75
regulate the ownership, possession, sale, transfer, importation and/or use of chainsaws
to prevent them from being used in illegal logging or unauthorized clearing of forests.
PERSONS AUTHORIZED TO POSSESS AND USE CHAINSAW
Section 5 states that the department is hereby authorized to issue permits to
possess and/or use a chainsaw for the felling and/or cutting of trees, timber and other
forest or agro-forest products to any applicant who:
1. Has a subsisting timber license agreement, production sharing agreement, or
similar agreements, or private and land permit.
2. Is an orchard and fruit tree farmer.
3. Is an industrial tree farmer
4. Is a licensed wood processor and the chain saw shall be used for the cutting of
timber that has been legally sold to said applicant
5. Shall use the chain for legal purpose
OBJECTIVES
1. To conserve and protect wildlife species and their habitats to promote ecological
balance and enhance biological diversity;
2. To regulate the collection and trade of wildlife;
3. To pursue, with due regard to the national interest, the Philippine commitment to
international conventions, protection of wildlife and their habitats; and
4. To initiate or support scientific studies on the conservation of biological diversity.
PROHIBITED ACTS
Unless otherwise allowed in accordance with this Act, it shall be unlawful for any
person to willfully and knowingly exploit wildlife resources and their habitats, or undertake
the following acts;
76
a. when it is done as part of the religious rituals of established tribal groups or
indigenous cultural communities;
b. when the wildlife is afflicted with an incurable communicable disease;
c. when it is deemed necessary to put an end to the misery suffered by the wildlife;
d. when it is done to prevent an imminent danger to the life or limb of a human
being; and
e. when the wildlife is killed or destroyed after it has been used in authorized
research or experiments.
2. Inflicting injury which cripples and/or impairs the reproductive system of wildlife
species;
3. Effecting any of the following acts in critical habitat(s)
a. dumping of waste products detrimental to wildlife;
b. squatting or otherwise occupying any portion of the critical habitat;
c. mineral exploration and/or extraction;
d. burning;
e. logging; and
f. quarrying
4. Introduction, reintroduction or restocking of wildlife resources;
5. Trading of wildlife;
6. Collecting, hunting or possessing wildlife, their by-products and derivatives;
7. Gathering or destroying of active nests, nest trees, host plants and the like;
8. Maltreating and/or inflicting other injuries not covered by the preceding paragraph;
and
9. Transporting of wildlife.
Section 4 of Republic Act. No. 8048, also known as the "Coconut Preservation Act
of 1995″, is hereby amended to read as follows:
PROHIBITION
KNOW MORE ABOUT
REPUBLIC ACT 10593
Section 4 states that no coconut tree shall
https://lawphil.net/statutes/repacts/ra2
be cut except in the following cases and only
013/ra_10593_2013.html
after a permit had been issued therefor:
1. When the tree is sixty (60) years old in the case of tall varieties, and at least forty
(40) years old for dwarf varieties;
2. When the tree is no longer economically productive;
3. When the tree is severely disease-infested and beyond rehabilitation;
4. When the tree is severely damaged by typhoon or lightning;
77
5. When the agricultural land devoted to coconut production shall have been
converted in accordance with law into residential, commercial or industrial areas;
6. When the land devoted to coconut production shall be converted into other
agricultural uses or other agriculture-related activities in pursuance to a conversion
duly applied for by the owner and approved by the proper
authorities: Provided, That no conversion shall be allowed by the PCA until after it
shall have been verified and certified that for a period of at least three (3) years the
majority of the coconut trees have become senescent and economically
unproductive or where the coconut farm is not adaptable to sound management
practices on account of geographical location, topography, drainage and other
conditions rendering the farm economically unproductive; and
7. When the tree would cause hazard to life and property.
"No other causes other than those abovementioned shall be considered as a valid ground
for cutting."
IMPLEMENTING RULES
Section 4 states that Section 7 of Republic Act No. 8048, hereby renumbered as
Section 8, is hereby amended to read as follows:
"SEC. 8. Implementing Rules. – The Philippine Coconut Authority shall be the lead
agency to implement the provisions of this Act. For this purpose, the Philippine
Coconut Authority shall prescribe the necessary rules and regulations for the
immediate and effective implementation of this Act.
"The PCA, in order to effectively implement the provisions of this Act, may request
the assistance of any local government unit, to monitor and ensure compliance
with this Act including its implementing rules and regulations. For this purpose, the
PCA may deputize the Philippine National Police or other law enforcement
agencies to investigate and apprehend those caught violating the provisions of this
Act, including the confiscation of illegally cut coconut trees. In order to prevent
wastage, the PCA shall order the immediate disposition of confiscated coconut
lumber in a manner to be determined by the PCA.
"In addition to the foregoing, the PCA shall also, in coordination, with the local
government unit concerned, require the registration of all sawmills, lumberyards,
coconut wood dealers and other persons or entities dealing in the processing and
sawing of coconut trees."
78
Republic Act 7942
PHILIPPINE MINING ACT OF 1995
March 3, 1995
All mineral resources in public and private lands within the territory and exclusive
economic zone of the Republic of the Philippines are owned by the State. It shall be the
responsibility of the State to promote their rational exploration, development, utilization
and conservation through the combined efforts of government and the private sector in
order to enhance national growth in a way that effectively safeguards the environment
and protect the rights of affected communities.
AREAS OPEN TO MINING OPERATIONS
Stated in Section 18, subject to any existing rights or reservations and prior
agreements of all parties, all mineral resources in public or private lands, including timber
or forestlands as defined in existing laws, shall be open to mineral agreements or financial
or technical assistance agreement applications.
Any conflict that may arise under this provision shall be heard and resolved by the
panel of arbitrators.
79
d. In areas expressedly prohibited by law;
e. In areas covered by small-scale miners as defined by law unless with prior
consent of the small-scale miners, in which case a royalty payment upon the
utilization of minerals shall be agreed upon by the parties, said royalty forming
a trust fund for the socioeconomic development of the community concerned;
and
f. Old growth or virgin forests, proclaimed watershed forest reserves, wilderness
areas, mangrove forests, mossy forests, national parks provincial/municipal
forests, parks, greenbelts, game refuge and bird sanctuaries as defined by law
and in areas expressly prohibited under the National Integrated Protected
Areas System (NIPAS) under Republic Act No. 7586, Department
Administrative Order No. 25, series of 1992 and other laws.
SMALL-SCALE MINING
QUARRY RESOURCES
Quarry Permit
From Section 43, any qualified person may apply to the provincial/city mining
regulatory board for a quarry permit on privately-owned lands and/or public lands for
building and construction materials such as:
a. marble,
b. basalt,
c. andesite,
d. conglomerate,
e. tuff,
f. adobe,
g. granite,
h. gabbro,
i. serpentine,
j. inset filling materials,
k. clay for ceramic tiles and building bricks,
l. pumice,
m. perlite and
n. other similar materials that are extracted by quarrying from the ground.
80
The provincial governor shall grant the permit after the applicant has complied with
all the requirements as prescribed by the rules and regulations.
The maximum area which a qualified person may hold at any one time shall be five
hectares (5 has.): Provided, that in large-scale quarry operations involving cement raw
materials, marble, granite, sand and gravel and construction aggregates, a qualified
person and the government may enter into a mineral agreement as defined herein.
A quarry permit shall have a term of five (5) years, renewable for like periods but
not to exceed a total term of twenty-five (25) years. No quarry permit shall be issued or
granted on any area covered by a mineral agreement or financial or technical assistance
agreement.
CATEGORIES
81
Section 3 states that the following categories of protected areas are hereby
established:
The establishment and operationalization of the System shall involve the following:
1. All areas or islands in the Philippines proclaimed, designated or set aside, pursuant
to a law, presidential decree, presidential proclamation or executive order as
national park, game refuge, bird and wildlife sanctuary, wilderness area, strict
nature reserve, watershed, mangrove reserve, fish sanctuary, natural and
historical landmark, protected and managed landscape/seascape as well as
identified virgin forests before the effectivity of this Act are hereby designated as
initial components of the System. The initial components of the System shall be
governed by existing laws, rules and regulations, not inconsistent with this Act;
2. Within one (1) year from the effectivity of this Act, the DENR shall submit to the
Senate and the House of Representatives a map and legal descriptions or natural
boundaries of each protected area initially comprising the System. Such maps and
legal description shall, by virtue of this Act, constitute the official documentary
representation of the entire System, subject to such changes as Congress deems
necessary;
3. All DENR records pertaining to said protected areas, including maps and legal
descriptions or natural boundaries, copies of rules and regulations governing them,
copies of public notices of, and reports submitted to Congress regarding pending
additions, eliminations, or modifications shall be made available to the public.
These legal documents pertaining to protected areas shall also be available to the
public in the respective DENR Regional Offices, Provincial Environment and
Natural Resources Offices (PENROs) and Community Environment and Natural
Resources Offices (CENROs) where NIPAS areas are located;
4. Within three (3) years from the effectivity of this Act, the DENR shall study and
review each area tentatively composing the System as to its suitability or non-
82
suitability for preservation as protected area and inclusion in the System according
to the categories established in Section 3 hereof and report its findings to the
President as soon as each study is completed. The study must include in each
area:
a. A forest occupants survey;
b. An ethnographic study;
c. A protected area resource profile;
d. Land use plans done in coordination with the respective Regional
Development Councils; and
e. Such other background studies as will be sufficient bases for selection.
PROHIBITED ACTS
Section 20 states that except as may be allowed by the nature of their categories
and pursuant to rules and regulations governing the same, the following acts are
prohibited within protected areas:
83
Even today, people who live in the most heavily industrialized areas tend to suffer more
health issues and more longer-term health problems too. It's vital that we clean up the air,
water and other aspects of the environment to improve their health.
For Ecology
The importance of protecting ecology cannot be overstated. The food chain, the
water cycle, our resource security all depend on how well our environment is protected.
Any upset to this balance such as a resource depletion or removal, the introduction of
an invasive species, damaging tree cover and uncontrolled emissions can cause long-
term and wide-scale problems for an environment.
84