ENVIRONMENTAL

LAWS
What is Environmental Law?
Environmental laws protect the environment
through regulations, agreements, and common
law. They govern human interaction with natural
resources, management of forests, minerals, and
fisheries, and environmental impact assessments.
These laws aim to protect living things from harm
caused by human activity.
Air quality laws regulate the emission of
pollutants, with a specialized subset
regulating indoor air quality. These laws
protect human health by limiting pollutant
concentrations, while also addressing
ecological issues like ozone layer limitations
and climate change.
 Water quality laws are legal standards that regulate the
concentrations of water pollutants in regulated water
volumes. They are designed for various purposes, including
human consumption, industrial use, recreation, and aquatic
habitats. These laws also regulate the alteration of water
resources' characteristics, including sewage treatment,
waste management, and surface runoff control. They serve
as the foundation for regulations in water standards,
monitoring, inspections, permits, and enforcement.
Waste management laws regulate the
transportation, treatment, storage, and
disposal of various waste types, including
municipal solid waste, hazardous waste, and
nuclear waste, aiming to minimize
environmental harm and promote recycling
through regulatory efforts.
Environmental cleanup laws address
pollution in environmental media, defining
response actions and responsible parties.
They include rules for emergency response,
liability allocation, site assessment, remedial
investigation, feasibility studies, post-
remedial monitoring, and site reuse.
Chemical safety laws regulate human
activities, focusing on chemical control laws to
manage potential pollutants, including banning
specific chemical constituents in consumer
products and regulating pesticides.
Water resources laws govern the ownership
and use of water resources, including surface
water and ground water. Regulatory areas
may include water conservation, use
restrictions, and ownership regimes.
Forestry laws govern activities in designated forest lands,
primarily focusing on forest management and timber
harvesting. They are divided between private and public
management, with public forests being state property.
Government agencies plan and implement these laws,
involving forest inventory, planning, conservation, and
timber sales oversight. Scientific forestry management
relies on precise wood distribution, systematic felling,
and uniform plantation replacement.
Wildlife laws govern the potential impact of human activity on wild
animals, whether directly on individuals or populations, or indirectly via
habitat degradation. Similar laws may operate to protect plant species.
Such laws may be enacted entirely to protect biodiversity, or as a means for
protecting species deemed important for other reasons. Regulatory efforts
may including the creation of special conservation statuses, prohibitions on
killing, harming, or disturbing protected species, efforts to induce and
support species recovery, establishment of wildlife refuges to support
conservation, and prohibitions on trafficking in species or animal parts to
combat poaching.
Fish and game laws regulate the right to pursue and take or kill
certain kinds of fish and wild animal (game). Such laws may
restrict the days to harvest fish or game, the number of animals
caught per person, the species harvested, or the weapons or
fishing gear used. Such laws may seek to balance dueling needs
for preservation and harvest and to manage both environment
and populations of fish and game. Game laws can provide a legal
structure to collect license fees and other money which is used
to fund conservation efforts as well as to obtain harvest
information used in wildlife management practice.
 Philippine
Environmental Law
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]).
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
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.