OVERVIEW OF PHILIPPINE

ENVIRONMENTAL LAWS
AND
DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
EnP Niceforo N. Iroy, piep, DipURP, MPA
Environmental Planner
 Philippine Environmental Laws
• The Philippine Clean Air Act of 1999, RA 8749
• The Ecological Solid Waste Management Act
of 2000, R.A. 9003
• The Philippine Clean Water Act of 2004, R.A.
9275
Mission Vision and Core Functions

Mandate
•Executive Order No. 192 mandate
DENR to be the government
agency primarily responsible for
the country’s environment and
natural resources
 VISION

We envision a nation enjoying and

sustaining its natural resources
and clean and healthy
environment .
 MISSION

Our mission is to mobilize our

citizenry in producing, conserving
and managing the environment
and natural resources.
 CORE FUNCTIONS
• DENR is tasked to formulate and implement
– Policies
– Guidelines
– rules and regulation
relating to environmental management and pollution prevention
and control.
• Formulate, implement and supervise the government’s
policies, plans and programs pertaining to the
management, conservation, development, use and
replenishment of the country’s natural resources and
biological diversity
• Further, promulgate and implement rules and regulations
governing the exploration, development, extraction,
disposition and use of our forests, lands, minerals, wildlife
and other natural resources.
 MAJOR THRUSTS AND POLICIES
• Anchored on 5 Point Agenda:
1. Poverty reduction and hunger mitigation
2. Socio-economic development
3. Natural resources conservation
4. Climate change mitigation and adaptation
measures
5. Environmental education and enforcement
 Poverty Reduction and Hunger
Mitigation

Upland Development Program

Support the upland development program using
reforestration and agro-forestry as strategies for
sustainable forest management, poverty
alleviation and hunger mitigation

Delineation of Forest Boundary

As support to the upland development program,
almost 22,000 kilometers of forest boundaries
will be delineated . .target completion is 2011
 Land Distribution and Cadastral
Survey

Land Distribution and Cadastral Survey

Patent application of acquiring alienable and disposable
public land suitable for agricultural purposes
Cadastral surveys of municipalities to identify and
delineate claims of all land applicants
Establish registration and real property taxation and
correct disputed boundaries between municipalities and
accurately fix land area for purposes of Internal Revenue
Allotment (IRA)
 SOCIO ECONOMIC
DEVELOPMENT
• Mineral Resources
Development
• Revitalization of the
minerals industry
• Ensures benefits to the
local community
• Natural Resource
Conservation
• Biodiversity conservation
Program
• Ecotourism Program
 Climate Change Mitigation and
Adaptation
• Geohazard Mapping
 Disaster preparedness through geohazard
assessment and ground water resources
availability
 identify priority areas or sites prone to geological
hazards (Subsidence, flood risks, landslides etc.)
 Climate Change Mitigation and
Adaptation
• Air Quality Management
Focus on reducing air pollution and green house
gas that contribute to global warming and climate
change
• Solid Waste Management
 address pollution emanating from solid waste
 assists LGUs in the conversion of their open
dumpsite into sanitary landfills and
 establishment of material recovery facilities
(MRF)
 Climate Change Mitigation and
Adaptation
• Water Management
 improve water quality in priority rivers and water
bodies
 more pressure on water concessionaires to
accelerate their respective sewerage programs
 riverbank structures and informal settlers along
rivers will be relocated
 Environmental Education and
Enforcement
• Networking
Networks and maintains partnerships with NGOs, civil
society and LGUs
 Training and capacity building to barangay officials to
heighten awareness and knowledge of laws and
regulations on environment
• Law Enforcement
 fully utilize the green legal army, the environmental
ombudsmen and the green courts to increase rates in
detection, arrest, prosecution and conviction of
violators
THE PHILIPPINE
ENVIRONMENT
 Law on Creation of DENR
• Executive Order No. 192 dated June 10, 1987
“Providing for the Reorganization of the Department of
Environment, Energy and Natural Resources, Renaming it as
the Department of Environment and Natural Resources, and
for other Purposes”
• Primary agency responsible for the
conservation, management, development,
and proper use of the country’s environment
and natural resources
 Law on Creation of DENR
• Objectives
1. Assure the availability and sustainability of the country’s
natural resources through judicious use and systematic
restoration or replacement, whenever possible;
2. Increase the productivity of natural resources in order to meet
the demands for forest, mineral, and land resources of a
growing population;
3. Enhance the contribution of natural resources for achieving
national economic and social development;
4. Promote equitable access to natural resources by the different
sectors of the population; and
5. Conserve specific terrestrial and marine areas representative
of the Philippine natural and cultural heritage for present and
future generation.
 Terms - Definition
• Environmental Impact Assessment (EIA)
“process that involves predicting and
evaluating the likely impacts of a project on
the environment during construction,
commissioning, operation and
abandonment”

• Environmental Compliance Certificate

(ECC)
“A certificate of Environmental Compliance
Commitment to which the Proponent
conforms with, after DENR-EMP explains
the ECC conditions, by signing the sworn
undertaking of full responsibility over
implementation of specified measures which
are necessary to comply with existing
environmental regulations or to operate
within best environmental practices that are
not currently covered by existing laws”
 SALIENT FEATURES OF ECC
• Scope of project undertaking
• Conditions conformed with by the Proponent to
implement the mitigation measures for
potentially negative impacts and/or
enhancement measures for potentially positive
impacts as identified in the EIA Report.
• Suggestions/recommendation to assist LGUs and
other agencies of the government to incorporate
the EIA Results in their decision-making process.
 SALIENT FEATURES OF ECC
• Scope of project undertaking
• Conditions conformed with by the Proponent to
implement the mitigation measures for
potentially negative impacts and/or
enhancement measures for potentially positive
impacts as identified in the EIA Report.
• Suggestions/recommendation to assist LGUs and
other agencies of the government to incorporate
the EIA Results in their decision-making process.
 Terms - Definition
• Certificate of Non-Coverage (CNC)
“A certificate of Non-Coverage (CNC) is issued by the EMB
certifying that, based on the submitted project description,
the project is not covered by the EIS System and is not
required to secure an environmental compliance certificate or
ECC”
• Environmentally Critical Project (ECP)
“Projects belonging to project types declared thru
Proclamation No. 2146 and Proclamation No. 803 which may
pose significant negative environmental impact at certain
thresholds of operation regardless of location” (i.e. heavy
industries, mining, fish ponds etc.)
 Terms - Definition
• Environmental Critical Area (ECA)
“A general area declared thru Proclamation 2146 as
environmentally sensitive such that significant environmental
impacts are expected if certain types/thresholds of proposed
projects are located, developed or implemented in it.” ie.
National parks, wildlife, watershed areas etc.)
 PHILIPPINE
CLEAN AIR
ACT OF 1999,
R.A. 8749
Section 5. Definitions
• Air pollutant matter found in the atmosphere other than
oxygen, nitrogen, water vapor, carbon dioxide, and the inert gases
in their natural or normal concentrations, that is detrimental to
health or the environment, which include, but not limited to
smoke, dust, soot, cinders, fly ash, solid particles of any kind,
gases, fumes, chemical mists, steam and radioactive substances;
• Air pollution means alteration of the physical, chemical and
biological properties of the atmospheric air, or any discharge
thereto of any liquid, gaseous or solid substances that will or is
likely to create or to render the air resources of the country
harmful, detrimental, or injurious to public health, safety or
welfare or which will adversely affect their utilization for
domestic, commercial, industrial, agricultural, recreational, or
other legitimate purposes;
Section 5. Definitions
• Eco-profile means the geographic – based
instrument for planners and decision makers which
present an evaluation of the environment quality and
carrying capacity of an area;
• Emission means any air contaminant, pollutant, gas
stream or unwanted sound from known source which
is passed into the atmosphere;
• Greenhouse gas means those gases that can
potentially or can reasonably be expected to induce
global warming which include carbon dioxide, oxides
of nitrogen, chloroflourocarbons, and the like;
Section 5. Definitions
• Hazardous substances means those substance
which present either: (1) short-term acute hazards
such as acute toxicity by ingestion, inhalation, or skin
absorption, corrosivity or other skin or eye contact
hazard or the risk of fire explosion; or (2) long-term
toxicity upon repeated exposure, x.x.x.x ;
• Infectious waste means that portion of medical
waste that could transmit an infectious disease;
• Medical waste means the materials generated as
a result of patient diagnosis, treatment, or
immunization of human beings or animals;
Section 5. Definitions
• Ozone Depleting Substance means those substances that
significantly deplete or otherwise modify the ozone layer in a
manner that is likely to result in adverse effects of human health
and the environment such as, but not limited to,
chloroflourocarbons,halons and the like;
• Persistent Organic Pollutants means the organic
compounds that persist in the environment, bioaccumulate
through the food web, and pose a risk of causing adverse effects
to human health and the environment;
• Poisonous and toxic fumes means any emissions and
fumes which are beyond internationally – accepted standards,
including but not limited to the World Health Organization (WHO)
guidelines values;
Section 20. Ban on Incineration
• Incineration, hereby defined as the burning of municipal,
biomedical and hazardous waste, which process, emits poisonous
and toxic fumes is hereby prohibited; Provided however, that the
prohibition shall not apply to traditional small-scale method of
community/neighborhood sanitation “siga”, traditional,
agricultural, cultural, health, and food preparation and crematoria;
Provided, further that existing incinerators dealing with a
biomedical wastes shall be out within three (3) years after the
effectivity of this Act. Provided finally, that in the interim, such
units shall be limited to the burning of pathological and infectious
wastes, and subject to close monitoring by the Department.

Local government units are hereby mandated to promote,

encourage and implement in their respective jurisdiction a
comprehensive ecological waste management that includes waste
segregation, recycling and composting.
Section 20. Ban on Incineration
Local government units are hereby mandated to promote,
encourage and implement in their respective jurisdiction a
comprehensive ecological waste management that includes waste
segregation, recycling and composting.

With due concern on the effects of climate change, the

Department shall promote the use of state-of-the-art,
environmentally-sound and safe non-burn technologies for the
handling, treatment, thermal destruction, utilization, and disposal
of sorted, unrecycled, uncomposted, biomedical and hazardous
wastes.

[Although the small-scale method of community/neighborhood

sanitation “siga” is exempted, it is counter to the provisions of the
Ecological Solid Waste Management Act of 2000, Sec. 48(3) RA
9003, which prohibits the open burning of solid waste.]
Section 36. Role of Local Government Units
• LGUs shall share the responsibility in the management and
maintenance of air quality within their territorial jurisdiction.
Consistent with Sections 7, 8 and 9 of this Act, LGUs shall
implement air quality standards set by the Board in areas within
their jurisdiction; Provided, however, That in case where the board
has not been duly constituted and has not promulgated its
standards, the standards set forth in this Act shall apply.
The Department shall provide the LGUs with technical assistance,
trainings and a continuing capability-building program to prepare
them to undertake full administration of the air quality
management and regulation within their territorial jurisdiction.

Example of LGU initiatives

1. Tricycle motors shift: from two-stroke to four-stroke tricycles
2. Move from incineration to non-burn technology
3. Shilft from motorized to non-motorized transport
4. Declaration of Smoke-Free Cities or Municipalities
 ECOLOGICAL SOLID WASTE
MANAGEMENT ACT OF 2000, RA 9003
 Hierarchy of Values in Solid Waste
Management
1. Solid waste avoidance and volume reduction
a) Composting
b) Recycling
c) Re-use
d) Recovery
2. Collection
3. Treatment
4. Disposal
Section 3. Definitions
• Agricultural waste shall refer to waste generated from
planting or harvesting of crops, trimming or prunning of
plants and wastes or run-off materials from farms or fields;
• Bulky wastes refer to waste materials which cannot be
appropriately placed in separate containers because of
either its bulky size, shape or other physical attributes. ;
• Generator shall refer to a person, natural or juridical, who
last uses a material and makes it available for disposal or
recycling;
Section 3. Definitions
• Hazardous waste shall refer to solid waste management
or combination of solid waste which because of its
quantity, concentration or physical, chemical or infectious
characteristics may:
– Cause, or significantly contribute to an increase in mortality or
an increase in serious irreversible, or incapacitating reversible,
illness; or
– Pose a substantial present or potential hazard to human health
or the environment when improperly treated, stored,
transported, or disposed of or otherwise managed.
• Leachate shall refer to the liquid produced when waste
undergo decomposition, and when water percolate
through solid waste undergoing decomposition. It is
contaminated liquid that contains dissolved and
suspended materials;
Section 3. Definitions
• Materials recovery facility includes a solid waste
transfer station or sorting station, drop-off center, a
composting facility, and a recycling facility;
• Open dump shall refer to a disposal area wherein the
solid wastes are indiscriminately thrown or disposed
of without due planning and consideration for
environmental and health hazards;
• Sanitary landfill shall refer to a waste disposal site
designed, constructed, operated and maintained in a
manner that exerts engineering control over
significant potential environment impacts arising from
the development and operation of the facility
 Section 22. Requirements for the Segregation
and Storage of Solid Waste
a) There shall be a separate container for each type of waste from all
sources: Provided, That in the case of bulky waste it will suffice
that the same be collected and placed in a separate designated
area; and
b) The solid waste container depending on its use shall be properly
marked or identified for on-site collection as “compostable”, “non-
recyclable”, “recyclable” or “special waste”, or any other
classification as may be determined by the Commission;

COLOR TYPE OF WASTE

Black Non-biodegradable general waste
Green Biodegradable general waste
Red Hazardous waste
Yellow Pathological waste
Section 37. Prohibition Against Use of Open
Dumps for Solid Waste
• No open dumps shall be established and operated, nor any
practice or disposal of solid waste by any person, including LGUs,
which constitutes the use of open dumps for solid wastes, be
allowed after the effectivity of this Acts: Provided, That within
three (3) years after the effectivity of this Act, every LGU shall
convert its open dumps into controlled dumps, in accordance with
the guidelines ste in Sec. 41 of this Act: Provided, further That no
controlled dumps shall be allowed five (5) years following the
effectivity of this Act.

Serious environmental hazards of open and controlled dump sites

1. Leakage
2. Contamination
3. Release of harmful substances
Section 40. Criteria for Siting a Sanitary
Landfill
• The following shall be the minimum criteria for the
siting of sanitary landfills:
a) The site selected must be consistent with the overall land
use plan of the LGU;
b) The site must be accessible from major roadways or
thoroughfares;
c) The site should have an adequate quantity of earth cover
material that is easily handled and compacted;
d) The site must be chosen with regard for the sensitivities
of the community’s residents;
e) The site must be located in an area where the landfill’s
operation will not detrimentally affect environmentally
sensitive resources such as aquifer, groundwater
reservoir or watershed area;
Section 40. Criteria for Siting a Sanitary
Landfill
• The following shall be the minimum criteria for the siting
of sanitary landfills:
f) The site should be large enough to accommodate the
community’s wastes for a period of five (5) years during which
people must internalize the value of environmentally sound
and sustainable solid waste disposal;
g) The site chosen should facilitate developing a landfill that will
satisfy budgetary constraints, including site development,
operation for many years, closure, post-closure care and
possible remediation costs;
h) Operating plans must include provisions for coordinating with
recycling and resource recovery projects; and
i) Designation of a separate containment area for household
hazardous wastes.
Section 48. Probihited Acts.
• The following acts are probihited:
1. Littering, throwing, dumping of waste matters in public places,
such as roads, sidewalks, canals, esteros or parks, and
establishment, or causing or permitting the same;
2. Undertaking activities or operating, collecting or transporting
equipment in violation of sanitation operation and other
requirements or permits set forth in established pursuant;
3. Open burning of solid waste;
4. Causing or permitting the collection of non-segregated or
unsorted wastes;
5. Squatting in open dumps and landfills;
6. Open dumping, buying of biodegradable or non-biodegradable
materials in flood prone areas;
7. Unauthorized removal of recyclable material intended for
collection by authorized person;
Section 48. Probihited Acts.
• The following acts are probihited:
8. The mixing of source-separated recyclable material with other
solid waste in any vehicle, box, container or receptacle used in
solid waste collection or disposal;
9. Establishment or operation of open dumps as enjoined in this
Act, or closure of said dumps in violation of Sec. 37;
10. The manufacture, distribution or use of non-environmentally
acceptable packaging materials;
11. Importation of consumer products packaged in non-
environmentally acceptable materials;
12. Importation of toxic wastes misrepresented as “recyclable” or
“with recyclable content”;
13. Transport and dumplog in bulk of collected domestic,
industrial, commercial, and institutional wastes in areas other
than centers or facilities prescribe under this Act;
Section 48. Probihited Acts.

• The following acts are probihited:

14. Site preparation, construction, expansion or operation of
waste management facilities without an Environmental
Compliance Certificate required pursuant to Presidential
Decree No. 1586 and this Act and not conforming with
the land use plan of the LGU;
15. The construction of any establishment within two
hundred (200) meters from open dumps or controlled
dumps, or sanitary landfill; and
16. The construction or operation of landfills or any waste
disposal facility on any aquifer, groundwater reservoir, or
watershed area and or any portions thereof.
 Republic Act 9275

PHILIPPINE
CLEAN WATER
ACT OF 2004
Philippine Clean Water Act of 2004
Major River basins 18
Principal rivers 421
Natural lakes 79
Coastline 17,460 kilometers
Source: National Water Quality Status Report 2011-2005
 Major sources of water pollution
1. Domestic wastes : 33%
2. Livestock : 29%
3. Industrial sources : 27%
4. Non-point sources : 11%

• Point Sources. Any identifiable source of pollution with specific

point of discharge into particular water body. [i.e. industrial
facilities, sewer overflows, sewage treatment]

• Non-point sources. Any source of pollution, not identifiable as

point source, and include runoff from irrigation or rainwater [i.e.
cropland runoffs, animal wastes, construction sites, mining and
logging operations, landfills, spills]
Section 4. Definition of Terms
• Aquifers – means a layer of water-bearing rock located
underground that transmits water in sufficient quantity to supply
pumping wells or natural springs;
• Aquatic life – means all organisms living in freshwater, brackish
and marine environment.
• Classification/reclassification of Philippine Waters – means the
categorization of all water bodies taking into account, among
others, the following: (1) existing quality of the body of water, (2)
size, depth, surface area covered, volume, direction, rate of flow
and gradient of stream; (3) most beneficial existing and futlure use
of said bodies of water and lands bordering them, such as for
residential, agricultural, aquacultural, commercial, industrial,
navigational, groundwater to contamination from pollutive and
hazardous wastes, agricultural chemicals and underground storage
tanks of petroleum products.
Section 4. Definition of Terms

• Civil Society – means non-government organization

(NGO) and peoples organizations (POs);
• Contamination – means the production of substances
not found in the natural composition of water that
make the water less desirable or unfit desirable or
unfit for intended use.
• Discharge – includes, but is not limited to, the act of
spilling, leaking, pumping, pouring, emitting,
emptying, releasing or dumping of any material into a
water body or onto land from which it might flow or
drain into said water,
• Drinking water – means water intended for human
consumption or for use in food preparation,
Section 4. Definition of Terms
• Dumping – means any unauthorized or illegal disposal into any
body of water or land of wastes or toxic or hazardous material:
Provided, that it does not mean a release of effluent coming from
commercial, industrial, and domestic sources which are within the
effluent standards;
• Effluent – means discharge from known sources which is passed
into a body of water or land, or wastewater flowing out of a
manufacturing plant, industrial plan including domestic,
commercial and recreational facilities;
• Fresh water – means a subsurface water that occurs beneath a
water table in soils and rocks, or in geological formations;
• Integrated Water Quality Management Framework – means the
policy guideline integrating all the existing frameworks prepared
by all government agencies contain the following: water quality
goals and targets; (b) period of compliance; © water pollution
control strategies and techniques; (d) water quality information
and education program; (e) human resources development
program;
Section 4. Definition of Terms
• Septage – means the sludge produced on individual onsite
wastewater disposal systems principally septic tanks and
cesspools;
• Sewage – means water-borne human or animal wastes, excluding
oil or oil wastes, removed from residences, building, institutions,
industrial and commercial establishments together with such
groundwater, surface water and storm water as maybe present
including such waste from vessels, offshore structures, other
receptacles intended to receive or retain waste or other places or
the combination thereof;
• Sewerage – means includes, but is not limited to, any system or
network of pipelines, ditches, channels or conduits including
pumping stations and force mains, service connections including
other constructions, devices, and appliances appurtenant thereto,
which includes the collection, transport, pumping and treatment
of sewage to a point of disposal;
• Sludge – means any solid, semi-solid or liquid waste or residue
generated from a wastewater treatment plan, water supply
treatment plan, or water control pollution facility, or any other
such waste having similar characteristics and effects;
Section 4. Definition of Terms
• Treatment – means any method, technique, or process,
designed to alter the physical chemical or biological and
radiological character or composition of nay waste or
wastewater to reduce or prevent pollution;
• Toxic amount – means the lowest amount of
concentration of toxic pollutants, which may cause
chronic or long-term acute or lethal conditions or effects
to the aquatic life, or health of persons or which may
adversely affect designated water uses;
• Water pollution – means any alteration of the physical,
chemical, biological, or radiological properties of a water
body resulting in the impairment of its purity or quality;
• Water quality – means the characteristics of water, which
define its use in characteristics by terms of physical,
chemical, biological, bacteriological or radiological
characteristics by which the acceptability of water is
evaluated;
 WRIT OF KALIKASAN AND RELATED LAWS ON
ENVIRONMENT
RULES OF PROCEDURE FOR ENVIRONMENTAL CASES (Salient
Provisions)
PART 1
RULE 1
GENERAL PROVISIONS
Section 1. Title – These Rules shall be known as “The Rules of
Procedure for Environmental Cases”

Section 3. Objectives – The objectives of the these Rules are:

(a) To protect and advance the constitutional right of the people
to a balanced and healthful ecology;
(b) To provide a simplified, speedy and inexpensive procedure for
the enforcement of environmental rights, and duties
recognized under the Constitution, existing laws, rules and
regulations, and international agreement;
 WRIT OF KALIKASAN AND RELATED LAWS ON
ENVIRONMENT
Section 3. Objectives – The objectives of the these Rules
are:
(c) To introduce and adopt innovation and best practices
ensuring the effective enforcement of remedies and
redress for violation of environmental laws; and
(d) To enable the courts to monitor and exact compliance
with orders and judgments in environmental cases;
 WRIT OF KALIKASAN AND RELATED LAWS ON
ENVIRONMENT
RULE 7
WRIT OF KALIKASAN
Nature of the writ. – The writ is a remedy to a natural or
juridical person, entity authorized by law, people’s
organization, non-government organization, or any public
interest group accredited by or registered with any
government agency, on behalf of persons whose
constitutional right to a balanced and healthful ecology is
violated, or threatened with violation by an unlawful act or
omission of a public official or employee, or private
individual or entity, Involving environmental damage of
such magnitude as to prejudice the life, health or property
of inhabitants in two or more cities or provinces.
[Sec. 1 Rules of Procedure for Environmental Cases April 29, 2010]
 WRIT OF KALIKASAN AND RELATED LAWS ON
ENVIRONMENT
RULE 7
WRIT OF KALIKASAN
Section 3. Where to file – The petition shall be filed with the
1) Supreme Court or
2) With any of the stations of the Court of Appeals;
Section 4. No docket fees – The petitioner shall be exempt from the
payment of docket fees.
Section 5. Issuance of the writ – Within three (3) days from the date of
filing of the petition, if the petition is sufficient in form and
substance, the court shall give an order:
a) Issuing the writ; and
b) Requiring the respondent to file a verified return as provided in
Section 8 of this Rule. The clerk of court shall forthwith issue the
writ under the seal of the court including the issuance of a cease
and desist order and other temporary reliefs effective until further
order.
 WRIT OF KALIKASAN AND RELATED LAWS ON
ENVIRONMENT
RULE 7
WRIT OF KALIKASAN
Section 6. How the writ is served – The writ shall be served upon
the respondent by a court officer or any person deputized by the
court, who shall retain a copy on which to make a return of service.
In case the writ cannot be served personally, the rule on sustituted
service shall apply;
Section 8. Issuance of Temporary Environmental Protection Order
(TEPO) – If it appears from the verified complaint with a prayer
for the issuance of an Environmental Protection Order (EPO) that
the matter is of extreme urgency and the applicant will suffer
gave injustice and irreparable injury, the executive judge of the
multiple sala court before raffle or the presiding judge of a single-
sala court as the case may be, may issue ex parte a TEPO effective
for only seventy-two (72) hours from date of the receipt of the
TEPO by the party or person enjoined.
 WRIT OF KALIKASAN AND RELATED LAWS ON
ENVIRONMENT
RULE 7
WRIT OF KALIKASAN
xxxx…
Within said period, the court where the case is assigned,
shall conduct a summary hearing to determine whether
the TEPO may be extended until the termination of the
case. The court where the case is assigned, shall
periodically monitor the existence of acts that are the
subject matter of the TEPO even if issued by the executive
judge, and may lift the same at any time as circumstances
may warrant.

The applicant shall be exempted from the posting of a

bond for the issuance of a TEPO.
 WRIT OF CONTINUING MANDAMUS
Section 1. Petition for continuing mandamus – When any
agency or instrumentality of the government or officer
thereof
1. Unlawfully neglects the performance of an act which the law
specifically enjoins as a duty resulting from an office, trust or
station in connection with the enforcement or violation of an
environmental law, rule or regulation or a right therein, or
2. Unlawfully excludes another from the use or enjoyment of
such right and there is no other plain, speedy and adequate
remedy in the ordinary course of law, the person aggrieved
thereby may file a verified petition in the proper court,
alleging the facts with certainty, attaching thereto supporting
evidence, specifying that the petition concerns an
environmental law, rule or regulation, and praying that
judgment is fully satisfied, and to pay damages sustained by
the petitioner by reason of the malicious neglect to perform
the duties of the respondent, under the law rules or
regulations. x x x …
 WRIT OF CONTINUING MANDAMUS

Section 5. Expediting proceedings; TEPO – The

court in which the petition is filed may issue such
orders to expedite the proceedings, and it may also
grant a TEPO for the preservation of the rights of the
parties pending such proceedings.
 RULES OF PROCEDURE FOR
ENVIRONMENTAL CASES
PART I
RULE 1
GENERAL PROVISIONS
SECTION 1. Title.—These Rules shall be known as “The Rules
of Procedure for Environmental Cases.”
SEC. 2. Scope.—These Rules shall govern the procedure in
civil, criminal and special civil actions before the Regional Trial
Courts, Metropolitan Trial Courts, Municipal Trial Courts in Cities,
Municipal Trial Courts and Municipal Circuit Trial Courts involving
enforcement or violations of environmental and other related laws,
rules and regulations such as but not limited to the following:
 RULES OF PROCEDURE FOR
ENVIRONMENTAL CASES
(a) Act No. 3572, Prohibition Against Cutting of Tindalo,
Akli, and Molave Trees;
(b) P.D. No. 705, Revised Forestry Code;
(c) P.D. No. 856, Sanitation Code;
(d) P.D. No. 979, Marine Pollution Decree;
(e) P.D. No. 1067, Water Code;
(f) P.D. No. 1151, Philippine Environmental Policy of 1977;
(g) P.D. No. 1433, Plant Quarantine Law of 1978;
(h) P.D. No. 1586, Establishing an Environmental Impact
Statement System Including Other Environmental
Management Related Measures and for Other Purposes;
(i) R.A. No. 3571, Prohibition Against the Cutting,
Destroying or Injuring of Planted or Growing Trees,
 RULES OF PROCEDURE FOR
ENVIRONMENTAL CASES
Flowering Plants and Shrubs or Plants of Scenic Value
along Public Roads, in Plazas, Parks, School Premises or
in any Other Public Ground;
(j) R.A. No. 4850, Laguna Lake Development Authority
Act;
(k) R.A. No. 6969, Toxic Substances and Hazardous Waste
Act;
(l) R.A. No. 7076, People’s Small-Scale Mining Act;
(m) R.A. No. 7586, National Integrated Protected Areas
System Act including all laws, decrees, orders,
proclamations and issuances establishing protected areas;
(n) R.A. No. 7611, Strategic Environmental Plan for Palawan
Act;
 RULES OF PROCEDURE FOR
ENVIRONMENTAL CASES
(o) R.A. No. 7942, Philippine Mining Act;
(p) R.A. No. 8371, Indigenous Peoples Rights Act;
(q) R.A. No. 8550, Philippine Fisheries Code;
(r) R.A. No. 8749, Clean Air Act;
(s) R.A. No. 9003, Ecological Solid Waste Management
Act;
(t) R.A. No. 9072, National Caves and Cave Resource
Management Act;
(u) R.A. No. 9147, Wildlife Conservation and Protection
Act;
 RULES OF PROCEDURE FOR
ENVIRONMENTAL CASES
(v) R.A. No. 9175, Chainsaw Act;
(w) R.A. No. 9275, Clean Water Act;
(x) R.A. No. 9483, Oil Spill Compensation Act of 2007; and
(y) Provisions in C.A. No. 141, The Public Land Act;
R.A.No. 6657, Comprehensive Agrarian Reform Law of 1988;
R.A. No. 7160, Local Government Code of 1991;
R.A.No. 7161, Tax Laws Incorporated in the Revised Forestry
Code and Other Environmental Laws (Amending the NIRC);
R.A. No. 7308, Seed Industry Development Act of 1992;
R.A. No. 7900, High-Value Crops Development Act
 RULES OF PROCEDURE FOR
ENVIRONMENTAL CASES
R.A. No. 8048, Coconut Preservation Act;
R.A. No. 8435, Agriculture and Fisheries Modernization
Act of 1997;
R.A. No. 9522, The Philippine Archipelagic Baselines Law;
R.A. No. 9593, Renewable Energy Act of 2008;
R.A. No. 9637, Philippine Biofuels Act; and
other existing laws that relate to the conservation,
development, preservation, protection and utilization of
the environment and natural resources.
 Images references
• Philippine Environmental Law CRES ATM 2013
• Basic Principles of Ecology CRES ATM 2012
• https://www.google.com.ph/search?q=solid+waste+manage
ment&source
• https://www.google.com.ph/search?q=air+quality+managem
ent&source