Philippine Normal University

National Center for Teacher Education

Taft Avanue, Manila

Written report in Ecology

Philippine Environmental Laws

Submitted by:
Dimacali, Khristian B.
Ribon, Vincent B.

February 19, 2016

Khristian B. Dimacali

Philippine Initiatives to Address Environmental Issues

The 1987 Constitution stipulates that 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.
In 1991, the Philippines began to address the issue of climate change in its thrust to achieve
sustainable development with the formulation of the Philippine Strategy for Sustainable
Development. As a result, the Philippines:
-

Adopted the Philippine Agenda 21

Philippine Agenda 21 is part of the country's response to fulfill its commitments in the historic
Earth Summit in 1992 where government and key sectors of society agreed to implement an
action agenda for sustainable development, known as the Agenda 2 1.
Philippine Agenda 21 seeks to answer four questions:
-

Where are we now?

What is sustainable development?

Where do we want to go?

How do we get there?

In answering these questions, the major stakeholders involved in the formulation of the
Philippine Agenda 21 found it necessary to seek common ground. The Principles of Unity,
forming part of this document, embodies this common ground which unites the key actors in
their pursuit of sustainable development.
-

Created the Inter-agency Committee on Climate Change (IACCC)

This was led by the Environmental Management Bureau of the Department of Environment and
Natural Resources (DENR). The Committee aimed at harnessing and synergizing the various
activities undertaken by the national government and civil society in response to the crisis posed
by growing problem on climate change.
-

Supported the United Nations Framework Convention on Climate Change -1994

This is an intergovernmental treaty developed to address the problem of climate change. The
Convention, which sets out an agreed framework for dealing with the issue, was negotiated from
February 1991 to May 1992 and opened for signature at the June 1992 UN Conference on
Environment and Development (UNCED) also known as the Rio Earth Summit. The
UNFCCC entered into force on 21 March 1994, ninety days after the 50th
countrys ratification had been received. By December 2007, it had been ratified by 192
countries.
-

Kyoto Protocol 2003

The Kyoto Protocol is an international agreement linked to the United Nations Framework
Convention on Climate Change, which commits its Parties by setting internationally binding
emission reduction targets.
Recognizing that developed countries are principally responsible for the current high levels
of GHG emissions in the atmosphere as a result of more than 150 years of industrial activity, the
Protocol places a heavier burden on developed nations under the principle of "common but
differentiated responsibilities."
The Kyoto Protocol was adopted in Kyoto, Japan, on 11 December 1997 and entered into
force on 16 February 2005. The detailed rules for the implementation of the Protocol were
adopted at COP 7 in Marrakesh, Morocco, in 2001, and are referred to as the "Marrakesh
Accords." Its first commitment period started in 2008 and ended in 2012.

Article 3 of the Convention states that states who have aligned themselves with the mandates set
forth should protect the climate system for the benefit of present and future generations of
humankind, on the basis of equity and in accordance with their common but differentiated
responsibilities and respective capabilities. In 2000, the Philippines forwarded to the UNFCCC
its Initial National Communication which enumerated the accomplishments of the country in
meeting the objectives of the Convention. The report presented the gains made in the fields of
greenhouse gas abatement and inventory. Also noted were significant achievements in
strengthening institutions and processes in relation to the mitigation, prevention and adaptation
initiatives in the country. Further, in adherence to the Kyoto Protocol, the Philippines adopted
the Clean Development Mechanism.

Administrative Order 171

In 2007, Administrative Order 171 was issued to create a Presidential Task Force on Climate
Change (PTFCC). The task force is mandated to address and mitigate the impact of climate
change in the Philippines, paying special attention to adaptation, mitigation and technological
solutions. In particular, the task force focuses on improving compliance to air emission standards
and acts to combat deforestation and environmental degradation.

Some of the Major Legislations enacted:

R.A. 9729 Climate Change Act of 2009

- AN ACT MAINSTREAMING CLIMATE CHANGE INTO GOVERNMENT POLICY

FORMULATIONS, ESTABLISHING THE FRAMEWORK STRATEGY AND PROGRAM ON
CLIMATE CHANGE, CREATING FOR THIS PURPOSE THE CLIMATE CHANGE
COMMISSION, AND FOR OTHER PURPOSES
This aims to systematically integrate the concept of climate change in the policy formulation and
development plans of all government agencies and units, to the end that the government will be
prepared for the impact of climate change was enacted also creating the Philippine Climate
Change Commission (PCCC).
The PCCC, an independent and autonomous body attached to the Office of the President, shall be
the sole policy making body of the government to coordinate, monitor and evaluate the programs
and action plans relating to climate change. The PCCC has drafted the National Framework
Strategy on Climate Change 2010-2022 which is committed towards ensuring and strengthening
the adaptation of our natural ecosystems and human communities to climate change.

If you put up a wind-powered plant, what do you do when there is no wind? If you put up a
solar plant, what do you do when the sky is cloudy? President Benigno Aquino III

R.A. 9147 Wildlife Resources Conservation and Protection Act

- AN ACT PROVIDING FOR THE CONSERVATION AND PROTECTION OF WILDLIFE

RESOURCES AND THEIR HABITATS, APPROPRIATING FUNDS THEREFOR AND FOR
OTHER PURPOSES
SECTION 2. Declaration of Policy. It shall be the policy of the State to conserve the
countrys wildlife resources and their habitats for sustainability. In the pursuit of this policy, this
Act shall have the following objectives:
(a) to conserve and protect wildlife species and their habitats to promote ecological balance and
enhance biological diversity;

(b) to regulate the collection and trade of wildlife;

(c) to pursue, with due regard to the national interest, the Philippine commitment to international
conventions, protection of wildlife and their habitats; and
(d) to initiate or support scientific studies on the conservation of biological diversity.
SECTION 28. Penalties for Violations of this Act. For any person who undertakes illegal acts
under paragraph (a) of the immediately preceding section to any species as may be categorized
pursuant to this Act, the following penalties and/or fines shall be imposed:
(a) imprisonment of a minimum of six (6) years and one (1) day to twelve (12) years and/or a
fine of One hundred thousand pesos (100,000.00) to One million pesos (1,000,000.00), if
inflicted or undertaken against species listed as critical;
(b) imprisonment of four (4) years and one (1) day to six (6) years and/or a fine of Fifty thousand
pesos (P50,000.00) to Five hundred thousand pesos (P500,000.00), if inflicted or undertaken
against endangered species;
(c) imprisonment of two (2) years and one (1) day to four (4) years and/or a fine of Thirty
thousand pesos (P30,000.00) to Three hundred thousand pesos (P300,000.00), if inflicted or
undertaken against vulnerable species; ADEHTS
(d) imprisonment of one (1) year and one (1) day to two (2) years and/or a fine of Twenty
thousand pesos (P20,000.00) to Two hundred thousand pesos (P200,000.00), if inflicted or
undertaken against other threatened species; and
(e) imprisonment of six (6) months and one (1) day to one (1) year and/or a fine of Ten thousand
pesos (P10,000.00) to One hundred thousand pesos (P100,000.00), if inflicted or undertaken
against other wildlife species.

R.A. 8485/ R.A. 10631 Amended Animal Welfare Act

SECTION 1. It is the purpose of this Act to protect and promote the welfare of all terrestrial,
aquatic and marine animals in the Philippines by supervising and regulating the establishment
and operations of all facilitiesutilized for breeding, maintaining, keeping, treating or training of
all animals either as objects of trade or as household pets. For this purpose of this Act, pet
animal shall include birds.
For purposes of this Act, animal welfare pertains to the physical and psychological wellbeing of animals. It includes, but not limited to, the avoidance of abuse, maltreatment, cruelty
and exploitation of animals by humans by maintaining appropriate standards of accommodation,

feeding and general care, the prevention and treatment of decease and the assurance of freedom
from fear, distress, harassment, and unnecessary discomfort and pain, and allowing animals to
express normal behavior.

Section 9. Any person who subjects any animal to cruelty, maltreatment or neglect shall, upon
conviction by final judgment, be punished by imprisonment and/ or fine, as indicated in the
following graduated scale:

1) Imprisonment of one (1) year and six (6) months and one (1) day to two (2) years and/or fine
not exceeding One hundred thousand pesos (P100,000.00) if the animal subjected to cruelty,
maltreatment, or neglect dies;
2) Imprisonment of one (1) year and one (1) day to one (1) year and six (6) months and/or a fine
not exceeding Fifty thousand pesos (P50,000.00) if the animal subjected to cruelty, maltreatment
or neglect survives but is severely injured with loss of its natural faculty to survive on its own
and needing human intervention to sustain its life; and
3) Imprisonment of six (6) months to one (1) year and/or fine not exceeding Thirty thousand
pesos (P30,000.00) for subjecting any animal to cruelty, maltreatment or neglect but without
causing its death or incapacitating it to survive on its own.

Executive Order No. 79, s.2012/R.A. 7492 Philippine Mining Act

- INSTITUTIONALIZING AND IMPLEMENTING REFORMS IN THE PHILIPPINEMINING

SECTOR PROVIDING POLICIES AND GUIDELINES TO ENSURE ENVIRONMENTAL
PROTECTION AND RESPONSIBLE MINING IN THE UTILIZATION OF MINERAL
RESOURCES

References:
Philippine Initiatives to Address Environmental Issues. Retrieved from http://pcw.gov.ph/focusareas/environment/climate-change/initiatives
PHILIPPINE AGENDA 21 Executive Summary. Retrieved from
http://www.psdn.org.ph/agenda21/execsum.htm
THE ANIMAL WELFARE LAW AS AMENDED Retrieved from http://www.paws.org.ph/theamended-animal-welfare-act-ra-8485ra-10631.html
Republic Act 9729. Retrieved from http://www.gov.ph/2009/10/23/republic-act-no-9729/

Republic Act 9147. Retrieved from http://www.gov.ph/2001/07/30/republic-act-no-9417/

Executive Order No. 79 s, 2012. Retrieved from http://www.gov.ph/2012/07/06/executive-orderno-79-s-2012
Vincent B. Ribon

Presidential Decree (PD) 1586: Philippine Environmental

Impact Statement System
ESTABLISHING AN ENVIRONMENTAL IMPACT STATEMENT SYSTEM INCLUDING
OTHER ENVIRONMENTAL MANAGEMENT RELATED MEASURES AND FOR OTHER
PURPOSES
Section 1. Policy. - It is hereby declared the policy of the State to attain and maintain a
rational and orderly balance between socio-economic growth and environmental protection.
Section 2. Environmental Impact Statement System. - requires private corporations, firms
or entities including agencies and instrumentalities of the government to prepare an
environmental impact statement (EIS) for every proposed project and undertaking which
significantly affect the quality of the environment.
Section 3.

Determination of Lead Agency.

- National Environmental Protection Council

Section 4. Presidential Proclamation of Environmentally Critical Areas and Projects.

- The President of the Philippines may 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.
Section 6. Secretariat. - The National Environmental Protection Council is hereby
authorized to constitute the necessary secretariat which will administer the Environmental
Impact Statement System and undertake the processing and evaluation of environmental impact
statement.
Section 7. Management and Financial Assistance. - The Ministry of Human
Settlements is hereby authorized to provide management and financial support to government
offices and instrumentalities.
Section 8. Rules and Regulations. - The National Environmental Protection Council
shall issue the necessary rules and regulations to implement this Decree.
Section 9. Penalty for Violation. - Any person, corporation or partnership found
violating Section 4 of this Decree shall be punished the suspension or cancellation of his/its

certificate and/or a fine in an amount not to exceed fifty thousand pesos (50,000.00) for every
violation thereof, at the discretion of the National Environmental Protection Council.
Section 10. Environmental Revolving Fund. - Proceeds from the penalties prescribed in the
preceding Section 9 and other penalties imposed by the National Pollution Control Commission
as authorized in P.D. 984 shall be automatically appropriated into an Environment Revolving
Fund.
by: President FERDINAND E. MARCOS
June 11, 1978

Republic Act (RA) 8749:

Clean Air Act (CAA) of 1999
AN ACT PROVIDING FOR A COMPREHENSIVE AIR POLLUTION CONTROL POLICY
AND FOR OTHER PURPOSES

The Clean Air Act

covers all potential sources of air pollution:

(1) Mobile Sources (motor vehicles)

(2) Point or Stationary Sources (industrial plants)
(3) Area Sources (wood or coal burning)

Smoke belching vehicles on the road will undergo emission testing. Violators will be subject to
the following fines/penalties:
1st Offense

P 1,000.00

2nd Offense

P 3,000.00

3rd Offense

P 5,000.00 plus a seminar on pollutionmanagement

The CAA provides for the complete phase-out of leaded gasoline; lowering of the sulfur content
of industrial and automotive diesel; lowering of aromatics and benzene in unleaded gasoline.
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.
A business firm is fined of not more than P100,000 for every day of violation until such time that
standards are met or imprisonment of not less than 6 years but not more than 10 years upon the
discretion of the court.

RA 9275:
Philippine Clean Water Act of 2004
AN ACT PROVIDING FOR A COMPREHENSIVE WATER QUALITY MANAGEMENT
AND FOR OTHER PURPOSES

The law aims to protect the countrys water bodies from land-based pollution sources
(industries and commercial establishments, agriculture and community/household
activities)

It provides for a comprehensive and integrated strategy to prevent and minimize pollution
through a multi-sectoral and participatory approach involving all the stakeholders.

Owners or operators of facilities that discharge wastewater are required to get a permit to
discharge from the EMB or the Laguna Lake Development Authority.
The Department of Public Works and Highways (DPWH) and local government units (LGUs)
will prepare a national program on sewage and septage management.
The Department of Health (DOH) will formulate guidelines and standards for the collection,
treatment and disposal of sewage as well as the guidelines for the establishment and operation of
centralized sewage treatment system.
The water district will provide water supply and sewerage facilities and to connect existing
sewage lines, subject to the payment of sewerage service charges/fees within five years
following effectivity of this Act.
CHAPTER 5
CIVIL LIABILITY/PENAL PROVISIONS
SECTION 27. Prohibited Acts
a) Discharging, depositing or causing to be deposited material of any kind directly or indirectly
into the water bodies or along the margins of any surface water

b) Discharging, injecting or allowing to seep into the soil or sub-soil any substance in any form
that would pollute groundwater.
c) Operating facilities that discharge regulated water pollutants without the valid required
permits or after the permit was revoked for any violation of any condition therein
d) Disposal of potentially infectious medical waste into sea water by vessels unless the health or
safety of individuals on board the vessel is threatened by a great and imminent peril
e) Unauthorized transport or dumping into sea waters of sewage sludge or solid waste
f) Transport, dumping or discharge of prohibited chemicals, substances or pollutants listed under
Republic Act No.6969
g) Operate facilities that discharge or allow to seep, willfully or through gross negligence,
prohibited chemicals, substances or pollutants listed under R. A. No. 6969 into water bodies or
wherein the same shall be liable to be washed into such surface, ground, coastal, and marine
water
i) Discharging regulated water pollutants without the valid required discharge permit pursuant to
this Act or after the permit was revoked for any violation of condition therein;
k) Refusal to allow entry, inspection and monitoring by the Department in accordance with this
Act;
l) Refusal to allow access by the Department to relevant reports and records in accordance with
this Act
m) Refusal or failure to submit reports whenever required by the Department in accordance with
this Act;
n) Refusal or failure to designate pollution control officers whenever required by, the Department
in accordance with this Act; and
o) Directly using booster pumps in the distribution system or tampering with the water supply in
such a way as to alter or impair the water quality.
SECTION 28. Fines, Damages and Penalties.

shall be fined by the Secretary in the amount of not less than Ten thousand pesos
(P10,000.00) nor more than Two hundred thousand pesos (P200,000.00) for every day of
violation. The fines herein prescribed shall be increased by ten percent (10%) every two
(2) years to compensate for inflation and to maintain the deterrent function of such fines

Failure to undertake clean-up operations, willfully, or through gross negligence, shall be

punished by imprisonment of not less than two (2) years and not more than four (4) years
and a fine not less than Fifty thousand pesos (P50,000.00) and not more than One
hundred thousand pesos (P100,000.00) per day for each day of violation.

Such failure or refusal which results in serious injury or loss of life and/or irreversible
water contamination of surface, ground, coastal and marine water shall be punished with
imprisonment of not less than six (6) years and one day and not more than twelve (12)
years, and a fine of Five Hundred Thousand Pesos (P500,000.00) per day for each day
during which the omission and/or contamination continues.

RA 9512:
Environmental Awareness and Education Act of 2008.
Section 2. Declaration of Policy. - The state shall promote national awareness on the role of
natural resources in economic growth and the importance of environmental conservation and
ecological balance towards sustained national development.
Section 3. Scope of Environmental Education. - The Department of Education (DepEd), the
Commission on Higher Education (CHED), the Technical Education and Skills Development
Authority (TESDA), the Department of Social Welfare and Development (DSWD), in
coordination with the Department of Environment and Natural Resources (DENR), the
Department of Science and Technology (DOST) and other relevant agencies, shall integrate
environmental education in its school curricula at all levels, whether public or private, including
in barangay daycare, preschool, non-formal, technical vocational, professional level, indigenous
learning and out-of-school youth courses or programs.
Section 4. Environmental Education and Activities as Part of National Service Training
Program. - The CHED and the TESDA shall include environmental education and awareness
programs and activities in the National Service Training Program under Republic Act No. 9163,
as part of the Civic Welfare Training Service component required for all baccalaureate degree
courses and vocational courses with a curriculum of at least two (2) years.
Section 5. Declaration of Environmental Awareness Month. - Pursuant to the policy set forth in
this Act, the month of November of every year shall be known as the "Environmental Awareness
Month" throughout the Philippines.
Section 6. Interagency and Multi-sectoral Effort. - The DepEd, CHED, TESDA, DENR, DOST
and other relevant agencies, in consultation with experts on the environment and the academe,
shall lead in the implementation of public education and awareness programs on environmental
protection and conservation through collaborative interagency and multi-sectoral effort at all
levels.
Section 7. Capacity-Building. - The DepEd, CHED and TESDA, in coordination with the DENR
and other relevant agencies, shall undertake capacity-building programs nationwide such as

trainings, seminars, workshops on environmental education, development and production of

environmental education materials, and teacher-education courses and related livelihood
programs.

REPUBLIC ACT No. 6969:

Toxic Substances and Hazardous and Nuclear Wastes
Control Act of 1990
AN ACT TO CONTROL TOXIC SUBSTANCES AND HAZARDOUS AND NUCLEAR
WASTES, PROVIDING PENALTIES FOR VIOLATIONS THEREOF, AND FOR OTHER
PURPOSES
Section 2. Declaration of Policy. - It is the policy of the State to regulate, restrict or prohibit
the importation, manufacture, processing, sale, distribution, use and disposal of chemical
substances and mixtures that present unreasonable risk and/or injury to health or the
environment; to prohibit the entry, even in transit, of hazardous and nuclear wastes and their
disposal into the Philippine territorial limits for whatever purpose; and to provide advancement
and facilitate research and studies on toxic chemicals.
Section 3. Scope. - This Act shall cover the importation, manufacture, processing, handling,
storage, transportation, sale, distribution, use and disposal of all unregulated chemical substances
and mixtures in the Philippines, including the entry even in transit, as well as the keeping or
storage and disposal of hazardous and nuclear wastes into the country for whatever purposes.
Section 4. Objectives.
a) 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;
b) 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;
c) 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

d) 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.
Section 8. Pre-Manufacturing and Pre-Importation Requirements. - Before any new
chemical substances or mixture can be manufactured, processed or imported for the first time as
determined by the Department of Environment and Natural Resources, the manufacturer,
processor or importer shall submit the following information:

the name of the chemical substances;

its chemical identity and molecular structure;

proposed categories of use;

an estimate of the amount to be manufactured, processed or imported;

processing and disposal thereof;

and any test data related to health and environmental effects which the manufacturer,
processor or importer has.

Section 13.

Prohibited Acts.

a) 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;
b) 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;
c) Failure or refusal to comply with the pre-manufacture and pre-importation requirements; and
d) 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.
Section 15. Administrative Fines. - The Secretary of Environment an Natural Resources is
hereby authorized to impose a fine of not less than Ten thousand pesos (Php10,000.00), but not
more than Fifty thousand pesos (PhP50,000.00) upon any person or entity found guilty thereof.
The administrative fines imposed and collected by the Department of Environment and Natural
Resources shall accrue to a special fund to be administered by the Department exclusively for
projects and research activities relative to toxic substances and mixtures.
References:

Presidential Decree (PD) 1586: Philippine Environmental Impact Statement System

from: http://www.doe.gov.ph/pecr5/pecr5_files/issuances/Petroleum_PD_1586.pdf

Republic Act (RA) 8749: Clean Air Act (CAA) of 1999 from: www.ieacoal.org.uk/documents/82556/7846/Philippines
RA 9275: Philippine Clean Water Act of 2004 from:
http://www.crllabs.com/files/Clean_Water_IRR.pdf
RA 9512: Environmental Awareness and Education Act of 2008 from:
www.ecolex.org/ecolex/ledge/view/RecordDetails?index...id=LEX...
REPUBLIC ACT No. 6969: Toxic Substances and Hazardous and Nuclear Wastes
Control Act of 1990 from: www.env.go.jp/en/recycle/asian_net/Country.../phillipines1.pd