Environmental Laws in the Philippines

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).

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).

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.

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.

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.