Download - Environmental Law TSN
8/10/2019 Environmental Law TSN
http://slidepdf.com/reader/full/environmental-law-tsn 1/63
Environmental Law TSN 2-Manresa 2012- 1
Legislations for Environmental Law:
1.CONSTITUTIONAL BASIS FOR
ENVIRONMENTAL LAW
2.PD 1151 (PHILIPPINEENVIRONMENTAL POLICY)
3.PD 1152 (PHILIPPINE
ENVIROMENTAL CODE)4.PD 984 (POLLUTION CONTROL LAW)5.PD 1586 (ESTABLISHING AN
ENVIRONMENTAL
IMPACTSTATEMENT SYSTEM,
INCLUDING OTHER
ENVIRONMENTAL MANAGEMENT
RELATED MEASURES AND FOR
OTHER PURPOSES.)6.PD 21467.CLEAN AIR ACT8.CLEAN WATER ACT
9.PD 979
Cases:
1.Republic of the Philippines vs. The
City of DavaoRepublic vs. Alvarez, in his capacity
as Sec. of DENR2.PAB vs Solar Textile 195 SCRA 1123.Mead vs Argel 115 SCRA 2564.Technology Developers Inc. vs CA
(January 21, 1991)
Transcribed
No recordings (Please refer t o the full texts
of the laws.)
*** Discussion
Based on the Lectures of Att ! "amon Edison Batacan
Transcri#ed # $ Mae Bun%a#on%
8/10/2019 Environmental Law TSN
http://slidepdf.com/reader/full/environmental-law-tsn 2/63
Environmental Law TSN 2-Manresa 2012- 2
The Constitutional basenta
Law
Article
Sec. 15 -The State shall protect and promote
the right t o health of the people and instill
health consciousness among them.
Sec. 16 - 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.
*** balanced ecology -Others would say
sustainable development.
Q: What is sustainable development?
A: You only use what you need today and
save the rest f or t he future.
*** in accord -This means in agreement
*** with the rhythm and harmony -According
to Sir, rhythm and harmony are redundant
words.
*** with rhythm and harmony of nature -This
means a ll should be n atural walang a rticial.
“Environmentalists would always say
that ou r pres ent generation is t he gu ardian of
the resou rces for t he generations yet t o come.
So we have to guard, reserve and conserve our
natural resources so that t he generations yet
to come will have something towards their
own.”
Sec. 23 - The State shall encourage non-governmental, community-based, or sectoral
organizations that p romote the welfare of the
nation.
Article X
Sec. 20 -Within its territorial j urisdiction and
subject t o the provisions of this Constitution
and national laws, the organic act of
autonomous regions shall provide for
legislative p owers o ver:
XXXXXXXXX
3. Ancestral domain and natural resources.
XXXXXXXXX
Article XII
Sec. 2 - All lands of the p ublic domain, waters,
minerals, coal, petroleum, an d other m ineral
oils, a ll forces of p otential en ergy, sheries,
forests o r t imber, wildlife, ora and fauna, andother natural resources are owned by the
State. With the ex ception of agricultural lands,
all other natural resources shall not be
alienated. Th e exploration, devel opment, an d
utilization of natural resources shall be u nder
Based on the Lectures of Att ! "amon Edison Batacan
Transcri#ed # $ Mae Bun%a#on%
8/10/2019 Environmental Law TSN
http://slidepdf.com/reader/full/environmental-law-tsn 3/63
Environmental Law TSN 2-Manresa 2012- 3
the full control and supervision of the State.
The State may directly undertake such
activities,o it m ay enter into co-production,
join venture or production sharing
agreements with Filipino citizens, or
corporations or associations at l east si xty per
centum of whose capital is owned by such
citizens. Such agreements may be for a p eriod
not exc eeding twenty-ve yea rs, renewable for
not more than twenty-ve years, and under
such terms an d conditions as m ay be p rovided
by law.
water supply sheries
other than the development of w aterpower,
benecial ay
the gran t.
The State shall protect the nation's
marine wealth in its archipelagic waters,
territorial sea d exclusive economic zone,
and reserve its u se a nd enjoyment exclusively
to Filipino c itizens.
The Congress may, by law, allow small-
scale utilization of natural resources by
Filipino citizens, as well as cooperative shfarming, with priority to subsistence
shermen and sh- workers in rivers, lakes,
bays, d
The President may enter into
agreements with foreign-owned corporations
involving either technical or nancial
assistance for large-scale exploration,
development, and utilization of minerals,
petroleum, and other m ineral oils a ccording to
the general terms a nd conditions provided by
law, based on real contributions to the
economic growth and general welfare of the
country. In such agreements, the State shall
promote the development and use of local
scientic an d technical resources.
***This means that al l natural resources a reowned by the State (Doctrine of Jura Regalia)
Sec. 3- Lands of the public domain are
classied into agricultural, forest o r timber,
mineral lands a nd national parks. Agricultural
lands of the public domain may be further
classied by law according to the uses to which they may be devoted. Alienable lands of
the public domain shall be limited to
agricultural lands. Private corporations or
associations may not hold such alienable
lands of the public domain except by lease, for
a period not exceeding twenty-ve years,
renewable for n ot more than twenty-ve years,and not to exceed one thousand hectares in
area. Citizens o f the Philippines m ay lease not
more than ve hundred hectares, or acquire
not more than twelve hectares thereof, by
purchase, homestead, or grant.
Based on the Lectures of Att ! "amon Edison Batacan
Transcri#ed # $ Mae Bun%a#on%
8/10/2019 Environmental Law TSN
http://slidepdf.com/reader/full/environmental-law-tsn 4/63
Environmental Law TSN 2-Manresa 2012- &
Taking into account the requirments of
conservation, ecology, an d development, an d
subject to the requirements of agrarian
reform, the Congress sh all determine, by law,
the size of lands of the public domain which
may be acquired, d eveloped, h eld, or l eased
and the con ditions t herefor.
Sec. 4- The Congress shall, as soon as
possible, determine, by law, the specic limits
of forest lands and national par ks, marking
clearly their boundaries on the ground.
Thereafte
parks shall be conserved and may not be
increased nor d iminished, except by law. The
Congress shall provide for such period as it
may determine, measures to prohibit logging
in endangered forests an d watershed areas.
***The Congress has the power to determine
the sp ecic limits o f an inalienable land in an
alienable land vice versa. Th e Congress can
extend it b ut t his is only possible if there’s a
law enacted by the Congress.
Sec. 5- The State, subject to the provis
this Constitution and national development
policies a nd programs, shall protect t he ri ghts
of indigenous cultural communities to their
ancestral lands to ensure their economic,
social, and cultural well-being.
The Congress may provide for the applicability
of customary l aws govern ing p roperty rights o r
relations in determining the ownership and
extent of ancestral domain.
Sec. 6-T he use of property bears a social
function, and all economic agents shall
contribute to the common good. Individuals
and private groups, including corporations,
cooperatives, and similar collective
organizations, sh all have the right to own,
establish, and operate economic enterprises,
subject to the duty of the State to promote
distributive justice and to intervene when the
common good so demands.
Article XIII
Sec. 1- The Congress shall give highest priority
to the enactment of measures t hat protect and
enhance the right of all the people to human
dignity, reduce social, economic, and political
inequalities, and remove cultural inequities by
equitably diffusing wealth and political power
for the common good.
To this end, the State shall regulate the
acquisition, ownership, use, and disposition of
property a nd its increments.
Sec. 2- The promotion of social justice shall
include the commitment to create economic
Based on the Lectures of Att ! "amon Edison Batacan
Transcri#ed # $ Mae Bun%a#on%
8/10/2019 Environmental Law TSN
http://slidepdf.com/reader/full/environmental-law-tsn 5/63
Environmental Law TSN 2-Manresa 2012- '
opportunities based on freedom of initiative
and self-reliance.
Sect. 4- The State sh all, by law, undertake a n
agrarian reform program founded on the right
of farmers and regular farmworkers who are
landless, t o own directly or collectively the
lands they till or, in the case of other
farmworkers, to receive a just sh are of the
fruits thereof. To this end, the State shall
encourage and undertake t he just distribution
of all agricultural lands, su bject to such
priorities and reasonable retention limits as
the Congress may prescribe, taking into
account ecological, developmental, or eq uity
considerations, and subject to the payment of
just mpensatin
limits, t he State shall respect t he right of
small landowners. The State shall further
provide incentives f or vol untary l and-sharing.
Sect. 5- The S tate shall recognize t he right of
farmers, farmworkers, and landowners, as w ell
as cooperatives, and other independent
farmers' organizations to participate in the
planning, organization, and management of
the program, and shall provide support to
agriculture through appropriate technology
and research, and adequate nancial,
production, marketing, and other support
services.
Sect. 6- The State sh all apply the p rinciples o f
agrarian reform or stewardship, whenever
applicable in accordance with law, in the
disposition or utilization of other natural
resources, including lands of the public
domain under lease o r concession suitable to
agriculture, subject t o prior ri ghts, homestead
rights of small settlers, an d the rights of
indigenous communities to their ancestral
lands. The State m ay resettle landless f armers
and farmworkers in its own agricultural
estates which shall be distributed to them in
the manner provided by law.
Sect. 7- The State shall protect t he rights of
subsistence shermen, especially of local
communities, to the preferential u se of the
communal marine and shing resources, both
inland and offshore. It shall provide su pport to
such shermen through appropriate
technology and research, adequate nancial,
production, and marketing assistance, and
other services. T he State shall also protect,
develop, and conserve such resources. The
protection shall extend to offshore shing
grounds of subsistence shermen against
foreign intrusion. Fishworkers shall receive a
just share from their labor in the utilization of
marine and shing resources.
Based on the Lectures of Att ! "amon Edison Batacan
Transcri#ed # $ Mae Bun%a#on%
8/10/2019 Environmental Law TSN
http://slidepdf.com/reader/full/environmental-law-tsn 6/63
Environmental Law TSN 2-Manresa 2012- (
Sect. 8- The State shall provide incentives to
landowners to invest the proceeds of the
agrarian reform program to promote
industrialization, employment creation, and
privatization of public sector enterprises.
Financial instruments used as payment for
their lands shall be honored as equity in
enterprises of their ch oice.
URBAN LAND REFORM AND HOUSING
Sect. 9- The State shall, by law, and for t he
common good, undertake, in cooperation with
the private sector, a continuing program of
urban land reform and housing which will
make available at affordable cost, decent
housing and basic services to under-privileged
and homeless citizens in urban centers and
resettlement areas. It shall also promote
adequate employment opportunities to such
citizens. In the implementation of such
program the State shall respect t he rights of
small property owners.
Sec.10- Urban or r ural poor d wellers sh all not
be evicted nor theeexcept in accordance with law and in a just
and humane manner.
No resettlement of u rban or rural dwellers
shall be undertaken without adequate
consultation with them and the communities
where they are to be relocated.
Sec. 12 - The State shall establish and
maintain an effective food and drug regulatory
system and undertake appropriate health,
manpower development, and research,
responsive to the country's health needs and
problems.
4 Major Legislations for Environmental Law
10. PD 1151 (PHILIPPINE
ENVIRONMENTAL POLICY)11. PD 1152 (PHILIPPINE
ENVIROMENTAL CODE)12. PD 984 (POLLUTION CONTROL
LAW)13. PD 1586 (ESTABLISHING AN
ENVIRONMENTAL
IMPACTSTATEMENT SYSTEM,
INCLUDING OTHER
ENVIRONMENTAL MANAGEMENT
RELATED MEASURES AND FOR
OTHER PURPOSES.)
Based on the Lectures of Att ! "amon Edison Batacan
Transcri#ed # $ Mae Bun%a#on%
8/10/2019 Environmental Law TSN
http://slidepdf.com/reader/full/environmental-law-tsn 7/63
Environmental Law TSN 2-Manresa 2012- )
PD 1586 Case:
Republic of the Philippines vs. The City of
Davao
Republic vs. Alvarez, in his cap acity as Sec.
of
DENR
Facts: ·Alvarez led an application for a
Certicate of Non-Coverage for its proposed
project, the Davao Artica Sports Dome, with
the Environmental Management Bureau
(EMB), Region 11.
The EMB Region 11 denied the appl
ground that the proposed project was within
an environmentally critical area, an d ruled
that under the Environmental Impact
Statement System, the City of Davao must
undergo the environmental impact assessment
(EIA) process to secure an Environmental
Compliance Certicate (ECC), before it can
proceed with the co nstruction of its p roject
· Believing that it w as e ntitled to a Certicate
of Non-Coverage, respondent led a petition
for mandamus with the RTC of Davao alleging
that the proposed project was neither an
environmentally critical project n or w ithin an
environmentally critical area, thus it was
outside the scop e of the EIS system.
· The RTC granted the writ of mandamus and
directed EMB to issue a Certicate of Non
Coverage. I t r uled that t here is nothing in the
EIA System guidelines which requires
LGUs to comply with the EIS law, as only
agencies and instrumentalities are mandated
to go through the EIA process for their
proposed projects which have signicant effect
on the quality of the environment. A local
government unit, not being an agency or
instrumentality of the National Government, is
deemed excluded
Issue: Whether LGUs are covered by the EIA
System?
Decision:
The Local Government Code provides that it is
the duty of the LGUs to promote the people’s
right to a balanced ecology. Pursuant to this,
an LGU, like the City of Davao, cannot claimexemption from the coverage of PD 1586. As a
body politic endowed with governmental
functions, an LGU has the duty to ensure the
quality of the environment, which is the very
same objective of PD 1586.
Based on the Lectures of Att ! "amon Edison Batacan
Transcri#ed # $ Mae Bun%a#on%
8/10/2019 Environmental Law TSN
http://slidepdf.com/reader/full/environmental-law-tsn 8/63
Environmental Law TSN 2-Manresa 2012- *
Further, it is a rule of statutory construction
that every part must be read with other parts,
thus, the
TC in declaring
exempt from the coverage of the E IS law, failed
to relate
Section 2 of PD 1586 to the sever al provision
of the sam e law.
Section 4 of PD 1586 clearly states that “no
person,
partnership or corpo ration shall undertake or
operate any such declared environmentally
critical project or area without rst secu ring
an Environmental Compliance Certicate
issued by the President or h is duly authorized
representative. Undoubtedly therefore, l ocal
government units are not excluded from the
coverage of PD 1586.
Sec. 1 stated that t he policy of the S tate is t o
attain an orderly balance between socio-
economic growth and environmental
protection.
The Whereas clause
possible if we adopt an integrated
environmental protection program where all
the sect ors o f the co mmunity a re involved, i.e.,
the government an d the private sectors. The
local government units, as part of the
machinery of the government, cannot
therefore be deemed as outside the scope of
the EIS system.
This however presuppose that a project, for
which an Environmental Compliance
Certicate is necessary, is environmentally
critical or within an environmentally critical
area. In the case at bar, respondent has
sufficiently shown that the Artica Sports
Dome will not have a signicant negative
environmental impact because it is not an
environmentally critical project a nd it is not
located in an environmentally critical a rea.
They submitted Certication from the City
Planning and Development Office,
PHILVOLCS, CENRO-West in support thereof.
The Environmental Impact Statement System,
which ensures environmental protection and
regulates certain government activities
affecting the en vironment, was established by
Presidential Decree N o. 1586. Under Article II,
Section 1, of the Rules and Regulations
Implementing PD 1586, the declaration of
certain projects or areas as environmentally
critical, and which shall fall within the scope
Based on the Lectures of Att ! "amon Edison Batacan
Transcri#ed # $ Mae Bun%a#on%
8/10/2019 Environmental Law TSN
http://slidepdf.com/reader/full/environmental-law-tsn 9/63
Environmental Law TSN 2-Manresa 2012- +
of the Environmental Impact Statement
System, shall be b y Presidential Proclamation.
Pursuant thereto, Proclamation No. 2146 was
issued proclaiming the following areas and
types of projects as environmentally critical
and within the
scope of the Environmental Impact Statement
System established under PD 1586:
A. Environmentall
I. Heavy Industries
a. Non-ferrous metal industries
b.
c. Petroleum and petro-chemical industries
including oil and gas
d. Smelting plants
II. Resource Extractive Industries
a. Major mining an d quarrying projects
b. For
1. Logging
2. Major Wood processing projects
3. Introduction of fauna (exoticanimals) in
public/private forests
4. Forest occupancy
5. Extraction of mangrove prod ucts
6. Grazing
c. Fishery Projects
1. Dikes for/and shpond development
projects
III. Infrastru ctu re P rojects
a. Major dams
b. Major power plants (fossil-fueled, nuclear
fueled, hydroelectric or ge othermal)
c. Major r eclamation projects
d. Major roads an d bridges
B. Environmentally Critical Areas
1. All areas d eclared by law as n ational parks,
watershed reserves, wildlife preserve and
sanctuaries;
2. Areas set aside a s a esthetic p otential tourist
spots;
3. Areas which constitute the habitat for a ny
endangered or threatened species of
indigenous Philippine Wildlife (ora and
fauna);
4. Areas of u nique historic, archaeological, or
scientic interests;
5. Areas which are t raditionally occupied by
cultural communities or t ribes;
6. Areas frequently visited and/or h ard-hit by
natural ca lamities (geologic hazards, oods,
typhoons, volcanic a ctivity, etc.);
7. Areas with critical slopes;
8. Areas classied as prime a gricultural lands;
9. Recharged areas o f aquifers;
Based on the Lectures of Att ! "amon Edison Batacan
Transcri#ed # $ Mae Bun%a#on%
8/10/2019 Environmental Law TSN
http://slidepdf.com/reader/full/environmental-law-tsn 10/63
Environmental Law TSN 2-Manresa 2012- 10
10. Water bodies characterized by one or an y
combination of the following con ditions;
a. tapped for domestic purposes
b. wi
protected areas declared by
appropriate authorities
c. which support wildlife a nd
shery activities
11. Mangrove areas characterized by one or
any
combination of the following con ditions:
a. with primary p ristine an d dense
young growth;
b. ad
systems;
c. near or adjacent to tr aditional
productive fry or sh ing grou nds;
d. which act as n atural buffers
against shore er osion, strong winds an d
storm oods;
e. on which people are dependent
for t heir l ivelihood.
12. Coral reefs, characterized by one o r an y
combinations of the following con ditions:
a. with 50% and above
live coralline c over;
b. awning d
grounds for sh;
c. which act as n atural breakwater
of coastlines.
Environmentally Non-Critical Proj ects. — All
other projects, u ndertakings and areas not
declared by the President as environmentally
critical shall be c onsidered as n on-critical and
shall not be required to submit an
environmental impact statement. The
National Environmental Protection Council,
thru the
Ministry of Human Settlements may however
require non-critical projects and undertakings
to provide additional environmental
safeguards as i t may deem necessary.
The Artica Sports Dome in Langub does not
come close to any of the projects or areas
enumerated above. Neither is it analogous to
any of them. It is c lear, therefore, that the s aid
project is not classied as environmentally
critical, or within an environmentally critical
area. Consequently, the
DENR has no choice but to issue the
Certicate of Non-Coverage. It becomes its
ministerial duty, the performance of which can
be compelled by writ of mandamus, such as
that issued by the trial court in the case at
bar.
Based on the Lectures of Att ! "amon Edison Batacan
Transcri#ed # $ Mae Bun%a#on%
8/10/2019 Environmental Law TSN
http://slidepdf.com/reader/full/environmental-law-tsn 11/63
Environmental Law TSN 2-Manresa 2012- 11
Based on the Lectures of Att ! "amon Edison Batacan
Transcri#ed # $ Mae Bun%a#on%
8/10/2019 Environmental Law TSN
http://slidepdf.com/reader/full/environmental-law-tsn 12/63
Environmental Law TSN 2-Manresa 2012- 12
PD 1151: PHILIPPINE ENVIRONMENTAL
POLICY
We will discuss PD
1151.
As earl
na t ayong policy on the environment.
Sec. 1-It is hereby the continuing policy of
the state- *** Continuing-up to now the same
yung poli
(a) to create, develop, maintain and
improve conditions under which man and
nature can thrive in productive and
enjoyable harmony with each other, -***Man and nature can thrive in productive and
enjoyable harmony with each other- So there is
no quarrel between man and nature because
merong harmony between them. It
presupposes a policy on sustainable
development.
(b) to fulll the social, economic a nd other
requirements of present and future
generations of Filipinos, -***So if you are
aware of intergeneration responsibility -to
preserve our environment for the generations
yet to come, we are here to preserve and
conserve the environment for t he generations
to come, tayo ang mag-proprotect we are not
here t o destroy nor to ex ploit but to p rotect the
environment so that is intergenerational
responsibility so like in the ca se of Factoran.
And (c) to insure the attainment of an
environmental quality that is conducive to
a life of d ignity and well-being .- ***A quality
that is conducive to a life so like there is a
need for a cl ean and healthy environment and
there i s d ignity in one’s p erson
Sec. 2. Goal - To use all practicable means,
consistent with other essential
considerations of national policy, in
promoting the general welfare to the end
that the Nation may (a) recognize,
discharge a nd fulll the resp onsibilities o f
each generation as trustee and guardian
of the environment for succeeding
generations,- ***So eto na naman yung
intergenerational responsibility. S o hindi pa
nauso si Atty. Oposa meron na yang
intergenerational responsibility kasi as early
as 1970s meron na yan it is evidenced by PD
1152 so it is not entirely true na si Oposa
talaga ang responsible for the
intergenerational responsibility concept sa
Based on the Lectures of Att ! "amon Edison Batacan
Transcri#ed # $ Mae Bun%a#on%
8/10/2019 Environmental Law TSN
http://slidepdf.com/reader/full/environmental-law-tsn 13/63
Environmental Law TSN 2-Manresa 2012- 13
Pilipinas though sumikat si ya dahil diyan at
naging international celebrity I know that
because Atty
(b) assure the people of a safe, decent,
healthful, productive and aesthetic
environment, ***The environment is itself
aesth etic, t here is art, there is artistry in the
environment so nakita niyo yung mga natural
wonders, yung mga sculptures created by
nature, yung mga rock monuments mga
korteng dinosaurs at kung anu-ano pa ang
mga itsura n ila.
(c) encourage the widest exploitation of the
environment without degrading it, or
endangering human life, health and safety
or creating conditions adverse to
agriculture, commerce and industry, (d)
preserve important hist
aspects o f the Philippine h eritage,
***Our n atural resources i tself constitute our
heritage itself.So under PD 1151 it is the
policy of the State to protect t he cultural
aspect of t he Philippine heritage, part of ou r
heritage.
(e) attain a rational and orderly balance
between population and resource use, and
(f) improve the utilization of renewable
and non-renewable resources-
*** As early as 70s we are talking about
renewable energy . Example ng renewable
energy –wind energy, hydro-electrical, yan ang
trend right now. Geothermal not dependent
on mineral fuels. In so far a s non-renewable
resources i-improve mo yun or i-preserve mo
pa kung ano pa yung natitira pa sa l upa mo.
Sec. 3 . Right to a Healthy Environment .
*** You can nd the right to a healthy
environment sa Constitution. So as early as
70s, na-incorporate na yan sa 1987
Constitution.
In furtherance of these goals a nd policies,
the Government recognizes the right of the
people to a healthful environment. It shall
be the duty and responsibility of each
individual to contribute to the
preservation and enhancement of the
Philippine environment -
***Who has the duty? You would say the
government, No!!! If you would look at the
Philippine environmental policy, it i s the duty
of each and every one. Lahat n g citizens ng
Republic of t he Philippines. It is our d uty to
Based on the Lectures of Att ! "amon Edison Batacan
Transcri#ed # $ Mae Bun%a#on%
8/10/2019 Environmental Law TSN
http://slidepdf.com/reader/full/environmental-law-tsn 14/63
Environmental Law TSN 2-Manresa 2012- 1&
contribute to the preservation and
enhancement of our environment.
Sec. 4. Environmental Impact Statements.
Pursuant to the bove uncia
and goals, all agencies and
instrumentalities of the national
government, including government-owned
or controlled corporations, as well as
private corporat rms and entities
shall prepare, le and include in every
action, project or undertaking which
signicantly affects the quality of the
environment a detail statement on
(a) the environmental impact of the
proposed action,
(b) any adverse environmental effect which
cannot be avoided should the proposal be
implemented;
(c) alternative tohe proposed action;
(d) a determination that the short-term
uses of the resources of the environment
are consistent with the maintenance and
enhancement of the long-term productivity
of the same; and
(e) whenever a proposal involve the use of
depletable or non-renewable resources, a
nding must be made that such use and
commitment are warranted.
***What ar e the m itigating measures t o soften
the impact of the undertaking to the
government , yan yung EIS system. Under PD
1151 it says- all agencies and
instrumentalities of the national government
but it does not include the local government
units because u nder the Administrative Code,
the term local government unit has a different
denition at h indi yan kasali diyan. So using
the denition (local government unit under sa
Administrative Code) in the case of Davao
City vs DENR. It is about the Artica Sports
dome, during the time, the city governmentstarted the project without undergoing the EIS
system, hindi sila kumuha ng ECC. Now the
opponents of then Mayor de Guzman led a
case against him and some other individuals
for the violation of PD 1586. Because they
embarked on a project which is considered to
be environmentally critical project and withinan environmentally critical area at h indi sila
kumuha ng ECC which is required under PD
1586. Since it was already there, pinandigan
ko na, I said there’s n o need to secu re an ECC
and to comply with PD 1586 because in the
Based on the Lectures of Att ! "amon Edison Batacan
Transcri#ed # $ Mae Bun%a#on%
8/10/2019 Environmental Law TSN
http://slidepdf.com/reader/full/environmental-law-tsn 15/63
Environmental Law TSN 2-Manresa 2012- 1'
rst place: 1. Local government units are not
embraced with the scope of the law; 2. The
city is exempt from getting an ECC because it
is n ot an environmentally critical project an d
it was not undertaken within an
environmentally c ritical area.
***So ang ginawa namin kumuha kami ng
Certicate of Non-Coverage or CNC which the
DENR refused to give. So we went to RTC and
the RTC sustained the decision of the City
government so the Sol. Gen. went up to the
Supreme Court and the SC decided that on
the argument that LGUs are not covered, the
SC said that ALL governmental units are
covered. It is clear now that all
instrumentalities including the LGUs are
covered pero parang may judicial legislation
kasi inilagay a ng LGUs. However, on the issue,
W/N the city government or the mayor
viol
secure an ECC, sabi ng Supreme Court- the
city is exempt in securing an ECC because the
project is not considered as an
environmentally critical project a nd it is not
undertaken within an environmentally critical
area. So it paved the way for the issuance of
CNC so there was n o legal impediment for the
continuation but at that time, Ben de Guzman
lost t he elections so Mayor Duterte decided
not to continue the project n otwithstanding
the clearance from DENR.
Before an environmental impact statement
is issued by a lead agency, all agencies
having jurisdiction over, or special
expertise on, the subject m atter involved
shall comment on the draft environmental
impact statement made by the lead agency
within thirty (30) days from receipt of the
same.
Section 5. Agency Guidelines. The
different agencies charged with
environmental protection as enumerated
in Letter of Instruction No. 422 shall,
within sixty (60) days from the effectivity
of this Decree, submit to the National
Environmental Protection Council (NEPC),
their respective guidelines, rules and
regulations to carry out the provisions of
Sec. 4 hereof on environmental impact
assessments a nd statements.
Section 6. Repealing Clause. All Acts,
Presidential Decrees, executive orders,
rules and regulations or parts thereof
which are inconsistent with the provisions
Based on the Lectures of Att ! "amon Edison Batacan
Transcri#ed # $ Mae Bun%a#on%
8/10/2019 Environmental Law TSN
http://slidepdf.com/reader/full/environmental-law-tsn 16/63
Environmental Law TSN 2-Manresa 2012- 1(
of this Decree are hereby repealed,
amended or modied accordingly.
Section 7. Effectivity. This Decree shall
take effect immediately.
Done in the City of Manila this 6th day of
June in the year of Our Lord, nineteen
hundred and seventy-nine.
***So as early as June 6, 1979 meron na
tayong law for this and until now sinusunod
pa ri n natin to.
Based on the Lectures of Att ! "amon Edison Batacan
Transcri#ed # $ Mae Bun%a#on%
8/10/2019 Environmental Law TSN
http://slidepdf.com/reader/full/environmental-law-tsn 17/63
Environmental Law TSN 2-Manresa 2012- 1)
PD 1152: PHILIPPINE ENVIRONMENTAL
CODE
***Medyo detalyado ito, Ano itong PhilippineEnvironmental Code? The establishment of
specic environment management policies
and prescribing environment quality
standards in a Philippine Environment
Code. So the Philippine Environment Code
actually establishes a quality, an
environmental quality standards. Yan ang
Philippine Environment Code, so ano yung
mga standards na yan?
TITLE I: AIR QUALITY MANAGEMENT
***What are the purposes?
(a) to achieve and maintain such levels of
air qu ality a s to protect pu blic health; and
***Levels o f air qu ality s o there’s a standard of
minute particulates in the air. I r emember
when I was in
nakikita akong billboard k ung saan nakalagay
kung gaano karami yung particulates sa
environment to determine whether it is
polluted or not so everybody will know so if
you will pass by tha
makikita mo doon kasi malaki yun so it will
really catch your attention so makikita mo
doon yung level of air standards kasi may
indication doon kung sumobra nab a siya.
Pero parang tinanggal na I don’t know why
mas maganda sana yun so everybody would
know the quality of air we breathe especially
in Manila. One indication is that maraming
nagkakasakit or makikita mo yan sa katawan
like nahihirapan kang huminga like you are
on the p lane, makikita niyo before you landing
kung gaano ka-polluted yung Maynila but
supposedly meron dapat tayong air quality
management.
(b) to prevent to the greatest extent
practicable, injury and/or damage to plant
and animal life and property, and promote
the social and economic development of
the country.
***The growth of plants even yung animals
naapektuhan din sila some plants are
stunted, the growth is stunted, maliit pa
namumunga n a (na-ahat siya) it will bear fruit
then it will wither t hen it will die. So kung
ganon sa plants, ganon din sa tao bata pa
pero parang matanda na.
***Ano yu ng standards n g air quality?
Sec. 3. Ambient Air Quality
Standards. There shall be established
Based on the Lectures of Att ! "amon Edison Batacan
Transcri#ed # $ Mae Bun%a#on%
8/10/2019 Environmental Law TSN
http://slidepdf.com/reader/full/environmental-law-tsn 18/63
Environmental Law TSN 2-Manresa 2012- 1*
ambient air quality standards which shall
prescribe te maximum concentration of
air pollutants permissible in the
atmosphere consistent with public health,safety and general welfare.
In the establishment of ambient air
quality standards, factors such as local
atmospheric conditions, location and land
use, and available technology, shall be
considered among others.
Sec. 4. National Emission
Standards. There shall be established
national emission standards for new and
existing stationary and mobile sources of
pollutin which shall consider among
others such factors as type of industry,
practicable cont
location and land use, and the nature of
pollutants mi
Sec. 5. Community Noise
Standards. Appropriate standards for
community noise levels shall be
established considering, among others,
location, zoning and land use
classication.
Sec. 6. Standards for Noise-Producing
Equipment. There shall be established a
standard for noise producing equipment
such as construction equipment,transportation equipment, stationary
engines, and electrical or electronic
equipment and such similar equipment or
contrivances. The standards shall set a
limit on the acceptable level of noise
emitted from a given equipment for the
protection of public health and welfare,
considering among others, the magnitude
and condition of use, the degree of noise
reduction achievable through the
application of best available technology
and the cost of compliance.
The Installation of any noise-producing
equipment shall conform with the
requirements of Presidential Decree No.
1096 and other applicable laws as w ell as
their implementing rules an d regulations.
Sec. 7. Aircraft Emission and Sonic
Booms. Appropriate government agencies
shall encourage research studies on the
harmful effects of aircraft emissions in
the environment in order to establish
permissible emission standards.Based on the Lectures of Att ! "amon Edison Batacan
Transcri#ed # $ Mae Bun%a#on%
8/10/2019 Environmental Law TSN
http://slidepdf.com/reader/full/environmental-law-tsn 19/63
Environmental Law TSN 2-Manresa 2012- 1+
Research and studies shall also be
undertaken to mitigate and/or minimize
the effects of sonic booms in the
environment.
***Lahat yan are actually standards.
Standards for noise-producing equipments
like jackhammers. I remember, I was t old, who
are familiar with SNR? Diyan nag-
shoshopping yung mga high-end shoppers.
Everybody is happy about the proposed SNR
and it is now on construction pero ang sabi
nila na-stop ang construction. Why? Because
of noise pollution. Yung subdivision near SNR
nagrereklamo na kasi gusto ng SNR ng
magpile nang magpile kasi hindi pa nila na-
rereach ang desired depth na gusto nila so
araw gabi yun at yung mga tao hindi na
makatulog dahil sa sobrang ingay . Pr obably
those residents led a complaint that’s why
the con struction is temporarily stopped. Then
nakausap ko yung isa sa mga contractors,
sabi niya the construction will resume after
ma-install yung machine pile that will
minimize the noise.
***Itong aircraft emissions a nd sonic booms. I
don’t know if naabutan niyo yan pero I guess
naabutan niyo yung BAK 11(?) na eroplano.
In the ear lier planes ofCebu Pacic, yung mga
luma (BAK 11(?)) Kapag dumating yan at
kapag nag-take-off yan napakaingay but they
are not being used anymore yung mga BAK
11(?) kasi hindi siya makapasa sa noise
standards. Pero I was really surprised kasi
these planes yung BAK 11(?) at DC 9 (?) are
not used in Philippines but they are used
outside of the Philippines kasi during one of
my trips abroad, from France to Italy, nakita
ko na ginagamit pa pala ang mga ito dito pero
hindi na ito ginagamit sa Pilipinas so yung
standard nila mas maliit so mas mas okay p a
pala tayo dito sa Pilipinas kasi mas mataas
ang a ting standards. In fact, in the P hilippines
we have the youngest eet of planes sa buong
mundo.
Chapter II
Regulation and Enforcement
Sec. 8. Air Quality and Noise
Standards. The National Pollution Control
Commission in coordination with
appropriate government agencies shall be
responsible for the enforcement of ambient
air quality emission and noise standards,
including the monitoring and surveillance
of air pollutants, licensing and permitting
of a ir p ollution control f acilities, and the
promulgation of appropriate rules and
regulations.
Based on the Lectures of Att ! "amon Edison Batacan
Transcri#ed # $ Mae Bun%a#on%
8/10/2019 Environmental Law TSN
http://slidepdf.com/reader/full/environmental-law-tsn 20/63
Environmental Law TSN 2-Manresa 2012- 20
Existing air quality emission and noise
standards may be revised and/or modied
consistent with new development and
technology.
Sect. 9. Aircraft Noise. Community noise
standards around airports shall be
implemented by the Civil Aeronautics
Administration in coordinatin with te
National Pollution Control Commission.
Sec. 10. Vehicular Emissions. The Land
Transportation Commission, in
coordination with the National Pollution
Control Commission, shall implement
emission standards for motor vehicles and
may deputize other appropriate law
enforcement agencies for the purpose.
Sec. 11. Radioactive Emissions. The
release a nd emission of radioactivity into
the environment incident to the
establishment or possession of nuclear
energy facilities and radioactive
materials, handling, transport,
production, st
radioactive materials shall be regulated
by the Philippine Atomic Energy
Commission in coordination with other
appropriate government a gencies.
Chapter III
Monitoring
Sec. 12. Air Quality Monitoring. The
National Pollution Control Commission, in
coordination with appropriate government
agencies, shall establish to the greatest
extent practicable an air quality
monitoring network. Such air quality
monitoring network shall put to maximum
use the ca pabilities of these a gencies.
**Monitoring, there’s a need for a ir m onitoring.
So who is supposed to monitor? The NPCC in
coordination with appropriate government
agencies, shall establish to the greatest ext ent
practicable an air qu ality monitoring network
but this is not actually done.
The National Environmental Protection
Council shall be furnished with the results
of air qu ality monitoring activities.
Sec. 13. Weather Modication. The
Philippine Atmospheric, Geophysical and
Astronomical Services Administration
shall monitor regularly meteorological
Based on the Lectures of Att ! "amon Edison Batacan
Transcri#ed # $ Mae Bun%a#on%
8/10/2019 Environmental Law TSN
http://slidepdf.com/reader/full/environmental-law-tsn 21/63
Environmental Law TSN 2-Manresa 2012- 21
factors ffect ental
in order to effectively guide air pollution
monitoring activities.
Activit
such as rainfall stimulation and storm
seeding experiments shall be undertaken
in consultation and/or in coordination
with the Philippine Atmospheric,
Geophysical and Astronomical Service
Administration.
***PAG-ASA. We have the oldest weather
equipments. I remember the former chief of
PAG-ASA, he was removed because the PAG-
ASA failed
so he was removed by the president only to
nd out (by the president himself) na m edievalpa yung mga equipments so bumili sila nga
bago. Who can accurately predict the
weather? Wala naman diba? Even the US. o
sabi nila, predicting weather is like also
predicting a mind of a woman. If you can’t
predict the mind of a woman you cannot also
predict the weather.
TITLE II: WATER QUALITY MANAGEMENT
*** Meron tayong Clean Water Act pero actually
ito na yun.
Sec. 14. Purpose. It is the purpose of this
Title to prescribe management guidelines
aimed to protect and improve the quality
of Philippine water resources through:
(a) classication of Philippine waters
***Meron na tayo niyan, meron na tayong map
of rivers all over the Philippines on the
classication of such waters. Meron yan silang
grade. Like yung river na ito, eto a ng kaniyang
river 12 3 or 4 like can it be u sed for d rinking
or para saan it puwedeng gamitin like puwede
ba itong pang-recreation, pang-industrial etc.
(b) establishment of water quality
standards;
(c) protection and improvement of the
quality of the Philippine water resources,
and
(d) responsibilities for surveillance and
mitigation of pollution incidents .*** Wala
tayo niyan although sinasabi nila that the
ENP monitors al l our w aters i n their r espective
areas of responsibilities pero hindi nila
ginagawa yan what they do is that they just
act i f there’s an incident pero on their own di
talaga nila ginagawa yan.
Based on the Lectures of Att ! "amon Edison Batacan
Transcri#ed # $ Mae Bun%a#on%
8/10/2019 Environmental Law TSN
http://slidepdf.com/reader/full/environmental-law-tsn 22/63
Environmental Law TSN 2-Manresa 2012- 22
Chapter I
Classication and Standards
Sec. 15. Classication of Philippine
Waters. The National Pollution Control
Commission, in coordination with
appropriate government agencies, shall
classify Philippine waters, according to
their best usage. In classifying said
waters, the National Pollution Control
Commission shall take into account,
among others, the following:
(a) the ex isting quality of the body of water
at the time of classication;
(b) the size, depth, surface area covered,
volume, direction, rate of ow, gradient of
stream; and
(c) the most benecial uses of s aid bodies
of water and lands bordering them for
residential, agricultural, commercial,
industrial, navigational, recreational, and
aesthetic purposes.
Sec. 16. Reclassication of Waters Based
on Intended Benecial Use. Where the
public int
Pollutin Control Commission, in
coordination with appropriate government
agencies, shall reclassify a body of water
based on the intended benecial use and
take such steps as may be necessary toupgrade the quality of said water. Other
government agencies may adopt higher
standards for a particular body of water,
subject to the approval of the National
Pollution Control Commission.
Sec. 17. Upgrading of Water
Quality. Where the quality of water has
deteriorated to a degree where its state
will adversely affect its best usage, the
government agencies concerned shall take
such measures as may be necessary to
upgrade the quality of such water to meetthe prescribed water quality standards.
Sec. 18. Water Quality Standards. The
National Pollution Control Commission
shall prescribe quality and effl uent
standards consistent with the guidelines
set by the National Environmental
Protection Council and the classication
of waters prescribed in the preceding
sections, taking into consideration, among
others, the following:
Based on the Lectures of Att ! "amon Edison Batacan
Transcri#ed # $ Mae Bun%a#on%
8/10/2019 Environmental Law TSN
http://slidepdf.com/reader/full/environmental-law-tsn 23/63
Environmental Law TSN 2-Manresa 2012- 23
(a) the standard of water qu ality or purity
may vary according to benecial uses;
and
(b) the technology relating to water
pollutin
Chapter II
Protection and Improvement of Water
Quality
Sec. 19. Enforcement and
Coordination. The production, utilization,
storage and distribution of hazardous, toxic
and other substances such as radioactive
materials, heavy metals, pesticides,
fertilizers,and oils, and the disposal,
discharge and dumping of untreated wastewater, mine tailings and other
substances that may pollute any body of
water of the Philippines resul
normal operations of industries, water-
borne sources, and other man activi
as well as those resulting from accidental
spills and discharge shall be regulated by
appropriate government agencies pursuant
to their respective charters and enabling
legislations. In the performance of the
above functions, the government agencies
concern shall coordinate with the National
Environmental Protection Council and
furnish the latter with such information as
may be necessary to enable it to attain itsobjectives under Presidential Decree No.
1121.
Sec. 20. Clean-up Operations. It shall be
the responsibility of the polluter to
contain, remove and clean up water
pollution incidents at h is own expense. In
case of his failure to do so, the government
agencies concerned shall undertake
containment, removal and clean-up
operations and expenses incurred in said
operations shall be charged against the
persons and/or entities responsible for
such pollution.
Sec. 21. Water Quality Monitoring and
Surveillance. The various government
agencies concerned with environmental
protection shall establish to the greatest
extent practicable a water quality
surveillance and monitoring network with
suffi cient stations and sampling schedules
to meet the needs of the country. Said
water quality surveillance network shall
put to maximum use the capabilities of
Based on the Lectures of Att ! "amon Edison Batacan
Transcri#ed # $ Mae Bun%a#on%
8/10/2019 Environmental Law TSN
http://slidepdf.com/reader/full/environmental-law-tsn 24/63
Environmental Law TSN 2-Manresa 2012- 2&
such government agencies. Each agency
involved in such network shall report to
the National Environmental Protection
Council the results of these monitoringactivities as the need arises . ***Hindi
naman nila ginagawa yan.
***We also h ave land use management.
TITLE III: AND USE MANAGEMENT
Sec. 22. Purpose. The purposes of this Title
are:
(a) to provide a rational, orderly and
efficient acquisition, utilization and
disposition of land and its resources in
order to derive therefrom maximum
benets; and
(b) to encourage the prudent use and
conservation of land resources in order to
prevent and imbalance between the
nation's needs and such resources .
***Ito yung pinaka-importante dito kaya nga
meron tayong land management bureau. Ano
yung imbalance? Ito ng bght
different uses of lands yung mga agricultural
use, yung residential. Our population is
growing, yung mga lands devoted to
agriculture nababawasan yan so anong lupa
ang gaga mitin natin for agri culture? Wala! The
agricultural production becomes smaller an d
smaller a s our n eed for resi dential lots grow.
So what’s the objective of land management?
To create the balance between the needs and
the development.
Sec. 24 . Location of Industries. In the
location of industries, factories, p lants,
depots and similar industrial
establishments, the regulating or
enforcing agencies of the government shall
take into consideration the social,
economic, geographic and signicant
environmental impact of said
establishments .
***Supposedly, there should be a
comprehensive zoning ordinance. Why
comprehensive? Kasi dapat ma-identify mo
kung ano yung industrial, residential,
commercial etc. But in Davao City we don’t
have one. But we have SPOT Zoning katulad
sa isa may residential, commercial, industrialsa kabila meron na naman, spot nga. Others
would say, it’s pocket zoning. It is very ideal
that a ll industries should be placed in one
location para alam mo kung saan ka mag-
Based on the Lectures of Att ! "amon Edison Batacan
Transcri#ed # $ Mae Bun%a#on%
8/10/2019 Environmental Law TSN
http://slidepdf.com/reader/full/environmental-law-tsn 25/63
Environmental Law TSN 2-Manresa 2012- 2'
iinvest at saan mo ilalagay ang factory m o the
same a s r esidential.
***Ironic situation: HOLCIM-At the time that
HOLCIM was established there, wala pang
mga residents diyan but because of the
employees they were allowed to built their
houses n ear HOLCIM, right now the residents
are complaining at gu sto na nilang paalisin
ang HOLCIM kasi daw nakaksira sila sa
environment at naapektuhan sila.
***But if we have that zoning ordinance
maiiwasan natin yung mga sitwasyon na
ganyan.
TITLE IV: NATURAL RESOURCES
MANAGEMENT AND CONSERVATION
Sec. 25. Purposes. The purposes of this
Title a re:
(a) to provide the basic policy on the
management and conservation of the
country's natural resources to obtain the
optimum benets therefrom and to
preserve the same for the future
generations; and
(b) to provide general measures through
which the aforesaid policy may be carried
out effectively.
***We are talking here about sustainable
development so we have to preserve our
natural resources for the future
generation. Conservation means to use
only what we need.
Chapter I
Fisheries and Aquatic Resources
Sec. 26. Management Policy. The National
government, through the Department of
Natural Resources, shall establish a
system of rational exploitation of sheries
and aquatic resources within the
Philippine territory and shall encourage
citizen participation therein to maintain
and/or enhance the optimum and
continuous productivity of the same.
Sec. 27. Measures for National
Exploitation. Measures for the national
exploitation of sheries a nd other a quatic
resources may include, but shall not be
limited to, the following:
Based on the Lectures of Att ! "amon Edison Batacan
Transcri#ed # $ Mae Bun%a#on%
8/10/2019 Environmental Law TSN
http://slidepdf.com/reader/full/environmental-law-tsn 26/63
Environmental Law TSN 2-Manresa 2012- 2(
(a) undertaking manpower and expertise
development;
(b) acquiring the necessary facilities and
equipment;
(c) regulating the marketing of threatened
species of sh or other a quatic resources;
(d) reviewing all existing rules and
regulations on the exploitation of sheries
and aquatic resources with a view of
formulating guidelies
and effective enforcement thereof; and
(e) conserving the vanishing species of sh
and aquatic resources such as turtles, sea
snakes, crocodiles, corals, as well as
maintaining the mangrove areas, marshes
and inland waters, coral reef-areas and
islands serving as sanctuaries for sh
and other a quatic life.
Chapter II
Wildlife
Sec. 28. Management Policy. The national
government through the Department of
Natural Resources, shall establish a
system of rational exploitation and
conservation of wildlife resources and
shall encourage citizen participation in
the maintenance and/or enhancement of
their continuous productivity.
Sec. 29. Measures for Rational
Exploitation. Measures for rational
exploitation of wildlife resources may
include, but shall not be limited to, the
following:
(a) regulating the marketing of threatened
wildlife reso urces.
(b) reviewing all existing rules and
regulations on the exploitation of wildlife
resources with a view of formulating
guidelines for the systematic a nd effective
enforcement thereof; and
(c) conserving the threatened species of
fauna, increasing their rate of
reproduction, maintaining their original
habitat, habitat manipulation,
determining bag/creel limits, population
control in relation to the carrying
capacity of any given area, banning of
indiscriminate and/or destructive means
of catching or hunting them.
Based on the Lectures of Att ! "amon Edison Batacan
Transcri#ed # $ Mae Bun%a#on%
8/10/2019 Environmental Law TSN
http://slidepdf.com/reader/full/environmental-law-tsn 27/63
Environmental Law TSN 2-Manresa 2012- 2)
Chapter III
Forestry and Soil Conservation
Sec. 30. Management Policy for
Forestry. The national government,
through the Department of Natural
Resources, shall undertake a system of
rational exploitation of forest resources
and shall encourage citizen participation
therein to keep the country's forest
resources at maximum productivity at all
time.
Sec. 31. Measures for Rational
Exploitation of Forest Resources. Measures
for the rational exploi
resources may include, but shall not be
limited to, the following:
(a) regulating the marketing of threatened
forest
(b) reviewing all existing rules and
regulations on the exploitation of forest
resources with a view of formulating
guidelines for the systematic and effi cient
enforcement thereof;
(c) conserving threatened species of ora
as well as increasing their rate of
propagation; the banning of destructive
modes of exploitation, kaingin making or
shifting cultivation, indiscriminate
harvesting of minor forest products therecycling methods of waste materials, and
(d) carrying out a continuing effect on
reforestation; timber stand improvement;
forest protection; land classication;
forest occupancy management; agri-
silviculture; range management; agri-
silvicultural/kaingin management;
industrial tree plantation; parks and
wildlife management; multiple use forest;
timber management and forest research.
Sec. 32. Use of Fertilizers and
Pesticides. The use of fertilizers and
pesticides in agriculture shall be
regulated prescribing therefor a tolerance
level in their use. Their use shall be
monitored by appropriate government
agencies to provide empirical data for
effective regulation. ***Fertilizers and
pesticides are supposed to be monitored but
sad to sa y wala rin.
Sec. 33. Management Policy on Soil
Conservation. The national government,
Based on the Lectures of Att ! "amon Edison Batacan
Transcri#ed # $ Mae Bun%a#on%
8/10/2019 Environmental Law TSN
http://slidepdf.com/reader/full/environmental-law-tsn 28/63
Environmental Law TSN 2-Manresa 2012- 2*
through the Department of Natural
Resources and the Department of
Agriculture, a
soil conservation program includingtherein the identication and protection
of critical watershed areas,
encouragement of scientic farming
techniques, physical and biological means
of soil conservation, and short-term and
long-term researches and technology for
effective soil conservation.
Chapter IV
Flood Control and Natural Calamities
Sec. 34. Measures in Flood Control
Program. In addition to the pertinent
provisions of
shall be included in a soil erosion,
sediment and ood control program;
(a) the control of soil erosion on the banks
of rivers, the shores of lakes, and the
seashores;
(b) the control of ow and ooding in and
from rivers
(c) the conservation of water which, for
purposes of t
of water, but shall not include captive
water;
(d) the needs of sheries and wildlife and
all other recreational uses of natural
water;
(e) measures to control the damming,
diversion, taking, and use of natural
water, so far as any such act may affect
the quality and availability of natural
water for other purposes; and
(f) measures to stimulate research in
matters relating to natural water an d soil
conservation and the application of
knowledge thereby acquired .
***You see t here’s ood control program. One
of the ways t o prevent oods is to preserve t he
natural catch basins kasi diyan napupunta
yung mga tubig pero ang ginagawa because of
rapid development tinatabunan nalang. So
saan na ngayon pupunta ang tubig? It
supposedly go to the lowest portion. Like in
Davao City-Torres, Obrero, Boulevard, Laverna
Hills, etc. The best example h ere is yu ng bagyo
sa Maynila yung umapaw yung Marikina River
tapos may subdivision doon, zero talaga
maraming namatay kasi yung area na yun ay
natural catch basin.Based on the Lectures of Att ! "amon Edison Batacan
Transcri#ed # $ Mae Bun%a#on%
8/10/2019 Environmental Law TSN
http://slidepdf.com/reader/full/environmental-law-tsn 29/63
Environmental Law TSN 2-Manresa 2012- 2+
Sec. 35. Measures to Mitigate Destructive
Effects of Calamities. The national
government, through the Philippine
Atmospheric, Geophysical and Astronomical Services Administration,
shall promote intensied and concerted
research efforts on weather modication,
typhoon, earthquake, tsunami, storm
surge, and other tropical natural
phenomena in order to bring about any
signicant effect to mitigate or prevent
destructive effects. *** Typhoon Pablo-
matagal siyag nakalabas in fact bumalik pa
nga siya d iba eh.
Chapter V
Energy Development
Section 36. Policy. Consistent with the
environmental protection policies, the
national government, through the EnergyDevelopment Board, shall undertake an
energy development program encouraging
the utilization of invariant sources such
as solar, wind and tidal energy.
***Nuclear power plant, we have Bataan
nuclear power plant which was built du ring
the time of Marcos. But at the time of Cory,
she immediately abolished the Department of
Energy and I was in that department. During
that t ime we experienced a lot of brown outs
at su ch effects are experienced til now kasi
napabayaan kasi ang argument nila ang
department na yun daw ang isa sa pinaka-
corrupt but I would say that such agency was
the most effecient du ring the time of Marcos
kasi walang mga brown out but napabayaan
and now they are planning to revive it pero
maraming ayaw kasi natatakot silang matulad
sa Jap an or yung nangyari sa Russia.
***The trend right now is to go into to th e u se
of renewable energy. There is a form of
compensation dito on renewable en ergy, this is
an international law. This so called
compensation, you use this much energy, you
save this much energy that’s an equivalent
into saving our environment.
Sec. 37. Measures for Energy
Development.
Measures for energy development program
may include, but shall not be l imited to,
the following:
Based on the Lectures of Att ! "amon Edison Batacan
Transcri#ed # $ Mae Bun%a#on%
8/10/2019 Environmental Law TSN
http://slidepdf.com/reader/full/environmental-law-tsn 30/63
Environmental Law TSN 2-Manresa 2012- 30
(a) setting up of pilot plants utilizing
invariant sources of energy;
(b) training of technical personnel for
purposes of energy vment;
(c) conducting researches aimed at
developing technology for energy
development.
Sec. 38. Safety Measures on Energy
Development. Rules and regulations shall
be promulgated to prevent or mitigate the
adverse effects of energy development on
the environment. For this purpose, all
nuclear powered plants exploring and
utilizing geothermal energy, whether
owned or controlled by private or
government entities sh all:
(a) observe internationally accepted
standards of safety; and
(b) provide safety devices to ensure the
health and welfare of their personnel aswell as the surrounding community.
Chapter VI
Conservation and Utilization of Surface
and Ground Waters
Sec. 39. Management Policy. In addition to
existing laws, the national government
through the National Water Resources
Council in coordination with otherappropriate government agencies, shall
prescribe measures for the conservation
and improvement of the quality of
Philippine water resources and provide for
the prevention, control and abatement of
water pollution.
***Ang ginagamit natin for our basic water
need is for example the Davao City Water
District is yu ng ground water bu t as early as
now they are con sidering the possible u sage of
surface water kasi nauubos na yung ground
water natin and the most viable surface water
is found at Tamugan river but it is being
contested by Aboitiz and the DCWD on the
use of the water. But I like to add to that n ow;
they were able to come up with a solution to
such problem.
***There’s an article about t he control of t he
sources of water and the next world war would be about who has control over water resources
because it is believed that water in the future
would be scarce. Diyan mag-away-away, that
would be the cause of the next world war .
Based on the Lectures of Att ! "amon Edison Batacan
Transcri#ed # $ Mae Bun%a#on%
8/10/2019 Environmental Law TSN
http://slidepdf.com/reader/full/environmental-law-tsn 31/63
Environmental Law TSN 2-Manresa 2012- 31
Chapter VII
Mineral Resources
***There’s a bill now pending in Congress
making Davao city mining-free if that would
be passed, Davao Ci
in the Philippines. Walang mining sa Davao
City.
***Ang trending talaga is to go mining. We
extract o ur resources. It is just a matter of
how you manage it, kung paano mo kukuninetc. Kaya nga nilagay yan diyan ng Panginoon
so man should use it but it should be used in
accordance with the needs.
Sec. 40. Management Policy. - The
national government, through the
Department of Natural Resources, shall
undertake a system of gainful exploitation
and rational and effi cient utilization of
mineral resources and shall encourage
citizen participation in this en deavor .
***This became effective during the time of
Marcos. During the time of Marcos, ine-
encourage niya yung participation yung mga
under t he soci al justice syst em, yung sinasabi
nilang backyard mining in order to support
the livelihood program ng government but the
problem is that t hese small-scale miners are
left on their own and they conduct mining
operations on their own without the guidance
of the government. So pollution dito pollution
doon then the problem became bigger and
bigger .
Sec. 41. Measures for Exploitation and
Utilization of Mineral Resources. Measures
for the gainful exploitation and rational
and effi cient utilization of such mineral
resources may include, but shall not be
limited to the following:
(a) increasing research and development in
mineral resources technology;
(b) training of additional technical
manpower needed in geology, geophysics,
mining engineering, and related elds;
(c) regulating the exploitation of identied
mineral reserves;
(d) accelerating the exploration of
undiscovered mineral deposits; and
(e) encouraging the establishment of
processing plants for rened metals.
TITLE V: WASTE MANAGEMENT
Based on the Lectures of Att ! "amon Edison Batacan
Transcri#ed # $ Mae Bun%a#on%
8/10/2019 Environmental Law TSN
http://slidepdf.com/reader/full/environmental-law-tsn 32/63
Environmental Law TSN 2-Manresa 2012- 32
***Waste management-it is also a problem
here in Davao City. We gen erate a lot of waste.
Hindi lang waste on our households, on our
offices but the bigger problem is the waste
generated from the hospitals –they are h ighly
communicable, walang waste disposal system
ang mga hospital though sa kanila merong
segregation but it is only up to that. How do
we dispose of m? Zero Why? 1. Lack
initiative from the government to implement
the laws. 2. Sa local, wala tayong facilities. 3 .
Wala tayong tnol
hospitals but they are incapable because t hey
are busy running the hospitals . But right
now, the PAB is really looking forward that
such system would be implemented in the
next ve years.
***In Davao city, we are supposed to have a
waste segregation, meron tayong mga
basurahan and we were provided with
thousands of recycle bins how many years ago
pero ngayon parang wala na kasi yung ibang
magagaling na mga Pilipino ninanakaw at
dinadala nila sa bahay nila, yung ibang
industries dinadala nila sa mga yarda nila.
Tapos meron tayong color
tayong color coding like black (non-
biodegradableand green (biodegradabl
Even the segregation starts at home the
problem began at the transport pagdating
doon sa truck iniisa nalang nila then
pagdating sa tambakan iniisa lang nila so
useless. There is no technical su pport from
the ENB. The ENB is supposed to take a
strong lead at this waste seg regration program
pero wala p a rin.
Sec. 42. Purpose. The purposes of this
Title are:
(a) to set guidelines for waste management
with a view to ensuring its effectiveness;
(b) to encourage, promote and stimulate
technological, educational economic and
social efforts to prevent environmental
damage and unnecessary loss of valuable
resources of the nation through recovery,
recycling and re-use of w astes and waste
products; and
(c) to provide measures to guide and
encourage appropriate government
agencies in establishing sound, effi cient,
comprehensive and effective waste
management.
Chapter I
Enforcement and Guidelines
Based on the Lectures of Att ! "amon Edison Batacan
Transcri#ed # $ Mae Bun%a#on%
8/10/2019 Environmental Law TSN
http://slidepdf.com/reader/full/environmental-law-tsn 33/63
Environmental Law TSN 2-Manresa 2012- 33
Sec. 43 . Waste Management
Programs. Preparation and
implementation of waste management
program shall be cities and municipalities. The Department
of Local Government and Community
Development shall promulgate guidelines
for te ulatd
waste management programs .
***The agency responsible for this would be
the LGUs. Actually meron nay an siya but it is
not actually being enforced. Tapos yung
initiative nawala na ngayaon kahit ano n alang,
supposedly it should be MWF-biodegradable
tapos TTH-non-biodegradable tapos h indi nila
kukunin yung basura mo sa hindi takdang
araw pero ngayon wala, sa amin once a w eek
lang so pinag-isa nila yung bio at non-bio,
binubuhos lang ni
basurero sinesegrwede
pang-marecycle t apos binebenta nila.
Every waste management program shall
include t he following:
(a) an orderly system of operation consistent
with t
(b) a provision that the operation will not
create pollution of an y kind or will constitute
public nu isance;
(c) a system for a safe a nd sanitary disposal of
waste;
(d) a provision that existing plans a ffecting the
development, use and protection of air, water
or n atural resources sh all be con sidered;
(e) schedules and methods of implementing
the development, construction and operation
of the plan together w ith the estimated costs;
and
(f) a provision for th e periodic revision of the
program to ensure its effective
implementation.
Sec. 44. Responsibility of Local Governments.
Each province, city or municipality shall
provide measures to facilitate the collection,
transportation, processing and disposal of
waste within its jurisdiction in coordination
with other government agencies concerned.
For this purpose, the national governmentshall provide the necessary subsidy, to local
governments upon request made through the
National Environmental Protection Council
and subject to such terms and conditions as
the latter m ay provide.
Based on the Lectures of Att ! "amon Edison Batacan
Transcri#ed # $ Mae Bun%a#on%
8/10/2019 Environmental Law TSN
http://slidepdf.com/reader/full/environmental-law-tsn 34/63
Environmental Law TSN 2-Manresa 2012- 3&
Chapter II
Methods of Solid Waste Disposal
***Ano yung methods of waste disposal? Later
on we will discuss on Clean Air Act. So we
have solid waste disposal, san itary landll,
incinerations-actually sa Clean Air Act n awala
na itong incinerations. Yu ng incineration is
yung sinussunog yung mga basura ay
chimney yan doon sa chimney ini-emit yung
smoke. Nawala ito ngayon yung incineration
but the
incineration but it allows traditional
incineration-yung siga sa bahay. They say,
kung ipunin mo yang mga siga ng buong
Pilipinas compared to those incineration
plants, yung mga effluents, yung smoke, mas
sobra pa y ang smoke na y an kaysa mga smoke
galing sa m ga incineration plant.
Sec. 45. Solid Waste Disposal. Solid Waste
dispos.al shall be by sanitary landll,
incineration, composing, and other
methods as may be approved by competent
government authority.
Sec. 46. Sanitary Landlls. Local
governments, including private
individuals, corporations or orga nizations
may operate one or more sanitary
landlls. Any entity proposing to operate
a sanitary landll shall submit to the
appropriate government agency an
operational work plan showing, amongother things, a map of the proposed work
location, disposal areas for rubbish,
garbage, refuse and other waste matter;
and the equipment or machinery needed to
accomplish its operations. In no case sh all
landll or work locations under this
Section be located along any shore or
coastline, or a long the banks of rivers a nd
streams. lakes throughout their entire
length, in violation of any existing rules
and regulations.
Sec. 47. Incineration and Composting Plants. The installation and establishment
of incineration or composting plants, or
the alteration/modication of any part
thereof shall be regulated by the local
governments concerned in coordination
with the National Pollution Control
Commission.
Sec. 48. Disposal Sites. The location of
solid waste disposal sites shall conform
with existing zoning; land use standards,
and pollution control regulations.Based on the Lectures of Att ! "amon Edison Batacan
Transcri#ed # $ Mae Bun%a#on%
8/10/2019 Environmental Law TSN
http://slidepdf.com/reader/full/environmental-law-tsn 35/63
Environmental Law TSN 2-Manresa 2012- 3'
Sec. 49. Dumping into the Sea and Other
Navigable Waters. The dumping or
disposal of solid wastes into the sea and
any body of water in the Philippines,including shorelines and river banks,
where these wastes are l ikely to be w ashed
into the water is prohibited. However,
dumping of solid wastes or other
materials into the sea or any navigable
waters shall be permitted in case of
immediate or i mminent danger to life and
property, subject to the rules and
regulations of t he Philippine Coast Guard
and the National Pollution Control
Commission.
Government agencies and private entitieswhich are undertaking solid waste
management programs shall make
consultations with the government
agencies concerned with respect to the
effects of such dumping to the marine
environment and navigation.
Based on the Lectures of Att ! "amon Edison Batacan
Transcri#ed # $ Mae Bun%a#on%
8/10/2019 Environmental Law TSN
http://slidepdf.com/reader/full/environmental-law-tsn 36/63
Environmental Law TSN 2-Manresa 2012- 3(
PD 1586: ESTABLISHING AN
ENVIRONEMTAL IMPACT STATEMENT
SYSTEM, INCLUDING OTHER
ENVIRONMENTAL MANAGEMENT RELATED
MEASURES AND FOR OTHER PURPOSES.
***What is the EIS? PD 1586 or otherwise
known as Environmental Impact Statement
System xxxxx.
***What is the rationale of this law ? Thenecessity of establishing and
institutionalizing of a syst em whereby the
exigencies of s ocio-economic undertakings
can be reconciled with the requirements of
environmental quality. So dapat i -reconcile
mo yung dalawa. Industry vs. the
environment, ano ang median diyan? The EIS
system is a imed at n ding the line of best t
(?) ilalagay mo yung industry diyan pero you
make sure that the impact on the environment
is mitigated. Hindi masyadong destructive sa
environment. ‘Yan ang sh ort na rational about
PD 1586.
Section 1. Policy. It is h ereby declared the
policy of
a rational and orderly balance between
socio-economic growth and environmental
protection.
***When we say noh about environmental
protection, it does not mean that we should
live in caves n oh, we sh ould allow ourselves t o
grow but not t o destroy the environment or
kung merong industry na nakakasira diyan,
put up some mitigating measures so the
impact t o the en vironment is lessen, lessen to
a tolerable degree, there are st andards kung
hanggang saan lang ang puwede. Yan ang
objective ng EIS System.
Discussion of the direct or indirect
consequences upon the human welfare as
well as the ecological and environmental
integrity.
***Ano yung direct at yu ng indirect? Sabi nga
if you get the e cological footprint of a tree from
the time na tinanim yan hanggang sa time
lumaki at pu tulin yan, so ano ang direct
reason niyan? Siguro yung economic value
niya. What is the economic value of a tree?
70 pesos per board foot times kung ilang
board feet yung tree, yun yung kaniyang
economic value. How about yung other value?
Yung mga hindi puwedeng i-quantify through
money, ano yung puwedeng mawala? Sige
daw!! For example pinutol mo yung isang full
Based on the Lectures of Att ! "amon Edison Batacan
Transcri#ed # $ Mae Bun%a#on%
8/10/2019 Environmental Law TSN
http://slidepdf.com/reader/full/environmental-law-tsn 37/63
Environmental Law TSN 2-Manresa 2012- 3)
grown tree, ilang ibon ang namamahay diyan?
Diba mawawalan sila ng bahay? Ilang
butteriang gumagamit sa kniyang
bulaklak? Iumultipo yan o
na namumugad diyan? Yung mga uod na
nakatira sa roots n g kahoy na yan . So can you
quantify that? Isang kahoy lang yan, paano na
kaya kung ektarya ektarya , so can you
imagine the possible effects to the plants, the
animals pati na rin sa human beings. Kaya
nga sa bi nila di mo talaga ma-quantify yan.
***Ano yung Environmental Impact
Statement Assessment? Ano ang i-aassess
mo diyan? To identify the important
environmental consequences including
social factors that may occur to the
projects that may be done. ***Ano yungsocial factors? Ilang tao ang nakatira diyan?
Sino ang nakatira diyan? Kapag itinayo mo
yung project mo diyan i
displace? It is a type of measure to eliminate
or minimize the said impacts. Ano yung mga
measures to be done in order to minimize the
impact to the environment at di to sa mgasocial factors na ito, yung mga taong
apektado, yung mga animals na ap ektado.
***Later on meron diyang decree na naglilista
sa mga environmentally critical areas a t yung
mga environmentally critical projects. So if
you fall either of these two then you must
undergo the EIS system. Kung hindi ka
naman na-bebelong diyan, puwedeng hindi na
but this has been I should say abused noh or
naging overzealousness ng ENB, almost all
types of undertakings or proj ects requ ired an
ECC. Kahit gagawa ka lang ng maliit na
gasoline station diyan, you need to undergo
the EIS system.
***So what i s PD 2146 ? It lists d own the a reas
which are considered to be environmentally
critical and what projects a re considered t o be
environmentally critical.
Section 9. Penalty for Violation. Any
person, corporation or partnership found
violating Section 4 of this Decree, or the
terms and conditions in the issuance of
the Environmental Compliance Certicate,
or of the standards, rules and regulations
issued by the National Environmental
Protection Council pursuant to this Decree
shall be punished by the suspension or
cancellation of h is/its ce rticate or a nd/or
a ne in an amount not to exceed Fifty
Thousand Pesos (P50,000.00) for every
violation thereof, at t he discretion of the
National Environmental Protection
Council.
Based on the Lectures of Att ! "amon Edison Batacan
Transcri#ed # $ Mae Bun%a#on%
8/10/2019 Environmental Law TSN
http://slidepdf.com/reader/full/environmental-law-tsn 38/63
Environmental Law TSN 2-Manresa 2012- 3*
***So tignan niyo yung penalty, suspension or
cancellation of h is/its certicate or and/or a
ne in an amount not to exceed Fifty
Thousand Pesos (P50,000.00) for every
viol
deter a person in violating the EIS system?
Wala diba?
***So ano ang scope ng EIS system? Eto who
are covered? All government agencies,
including its instrumentalities as well as
GOCCs, private corporations, rms, entities
and individuals. I have told you about the
Artica o
construction of the dome without an ECC and
at that time si Mayor de Guzman was charged
to be criminally liable for the violation of P D
1586 dahil nagstart s ila without u ndergoing
the EIS system. Ang sabi naming, Artica
Soprts dome ay hindi covered ng EIS system
because 1. LGUs are not included in the
scope. 2. The project i s not con sidered to be
an undertaking in an environmentally critical
area a nd 3. The project is n ot considered to an
environmentally critical on e. The SC struck
down the rst line of defense, for t he p urposes
of PD 1586, LGUs are covered otherwise the
spirit of PD 1586 would be defeated by mere
technicality so that any LGU would just do
away with the EIS system. But the SC agreed
with the 2 nd and the 3 rd defences. Kasi ang
sabi ng Mines and Geosciences Bureau, the
entire Davao City is an environmentally
critical area then ang sabi naming, if that’s
the ca se you yourself is violating the PD 1586
because kung mag-construct lang kayo ng
anything noh, kahit maliit na kubeta you have
to undergo the EIS system so you have to pass
your mitigating measures to minimize the
impact to the environment doon palang talon
a ang argument nila. And we also submitted
evidences to prove that D avao City is not an
environmentally c ritical area.
Environmental Compliance Certicate
(ECC)-
It is a piece of document issued by the
DENR/EMB after a positive review of an
ECC application, certifying that based on
the representations of the proponent, the
proposed project or undertaking will not
cause signicant n egative: environmental
impact. The ECC also certies that the
proponent has complied with all the
requirements of the EIS System and has
committed to implement its approved
Environmental Management Plan. The ECC
contains specic measures and conditions
that the project proponent has to
undertake before and during the operation
Based on the Lectures of Att ! "amon Edison Batacan
Transcri#ed # $ Mae Bun%a#on%
8/10/2019 Environmental Law TSN
http://slidepdf.com/reader/full/environmental-law-tsn 39/63
8/10/2019 Environmental Law TSN
http://slidepdf.com/reader/full/environmental-law-tsn 40/63
Environmental Law TSN 2-Manresa 2012- &0
PD 2146
***This is a list actually containing the
projects which are co nsidered to be a s critical
and the a reas con sidered a s cri tical.
***We go directly to environmentally critical
projects. I have to emphasize h ah, if a project
is u ndertaken within an ECA (environmentally
critical areas)you have to u ndergo EIS system.
Kung project naman, irrespective of the areakahit saan mo ilagay yan basta yung project is
listed as an ECP (environmentally critical
project) it has to gothe EIS system. So ECP
regardless of the area, ECA regardless of the
project.
A.Environmentally Critical Projects
I. Heavy Industries
a. Non-ferrous m etal industries
b. Iron and steel mills
c. Petroleum and petro-chemical industries
including oil and gas
d. Smelting plants
***Yan yung cat egorized a s h eavy industries.
II. Resource E xtractive Industries
a. Major mining and quarrying projects
b. Forestry projects1. Logging
2. Major Wood processing projects
3. Introduction of fauna (exoticanimals) in
public/private forests
4. Forest occupancy
5. Extraction of mangrove products
6. Grazing
c. Fishery Projects
1. Dikes for/and shpond development
projects
III. Infrastru cture Projects
a. Major dams
b. Major power plants (fossil-fueled,
nuclear fueled, hydroelectric or
geothermal)
c. Major reclamation projectsd. Major roads and bridges
***So if you are p lanning to construct a major
dam kailangan ng ECC or kung yung power
plants l ike c oal plants.
Based on the Lectures of Att ! "amon Edison Batacan
Transcri#ed # $ Mae Bun%a#on%
8/10/2019 Environmental Law TSN
http://slidepdf.com/reader/full/environmental-law-tsn 41/63
Environmental Law TSN 2-Manresa 2012- &1
***So what are those considered as
environmentally critical areas?
B.Environmentally Critical Areas
1. All areas declared by law as national
parks, watershed reserves, wildlife
preserve and sanctuari
*** So kahit ano pa ang ilagay mo diyan you
have to undergo the EIS system.
2. Areas set a side as aesthetic potential
tourist sp ots;
3. Areas which constitute the habitat for
any endangered or threatened species of
indigenous Philippine Wildlife (ora and
fauna);
4. Areas of unique historic,
archaeological, or scientic interests;
5. Areas which are traditionally occupied
by cultural communities or t ribes;
6. Areas frequently visited and/or h ard-hit
by natural calamities (geologic hazards,
oods, typhoons, volni
7. Areas w ith critical slopes;
8. Areas classied as prime agricultural
lands;
9. Recharged areas of aquifers;
10. Water bodies characterized by one or
any combination of the following
conditions;
a. tapped for domestic purposesb. within the controlled and/or protected
areas declared by appropriate a uthorities
c. which support wildlife and shery
activities
11. Mangrove areas characterized by one
or any combination of the following
conditions:
a. with primary pristine and dense young
growth;
b. adjoining mouth of major river systems;
c. near or adjacent to traditional
productive fry or shing grounds;
d. which act as natural buffers against
shore erosion, strong winds and storm
oods;
e. on which people are dependent for their
livelihood.
12. Coral reefs, characterized by one or
any combinations of the following
conditions:
a. with 50% and above live coralline cover;
b. spawning and nursery grounds for sh;
Based on the Lectures of Att ! "amon Edison Batacan
Transcri#ed # $ Mae Bun%a#on%
8/10/2019 Environmental Law TSN
http://slidepdf.com/reader/full/environmental-law-tsn 42/63
Environmental Law TSN 2-Manresa 2012- &2
c. which act as natural breakwater of
coastlines.
***So that’s the full listbut you can also havethe full text of the l aw.
Based on the Lectures of Att ! "amon Edison Batacan
Transcri#ed # $ Mae Bun%a#on%
8/10/2019 Environmental Law TSN
http://slidepdf.com/reader/full/environmental-law-tsn 43/63
Environmental Law TSN 2-Manresa 2012- &3
RA NO. 9275: AN ACT PROVIDING FOR A
COMPREHENSIVE WATER QUALITY
MANAGEMENT AND FOR OTHER
PURPOSES
SECTION 2. Declaration of Policy . - The
State shall pursue a policy of economic
growth in a manner consistent with the
protectin
quality of our fresh, brackish and marine
waters.
***Coverage of the Act- Water quality
management in all water bodies: Provided,
That it shall primarily apply to the
abatement and control of p ollution from
land based sources . ***So basically, the
Clean Water Act covers the water quality
management in all bodies of waters. What is
the p urpose To abate o r con trol pollution from
land-based sources. Tandaan niyo huh, Land
based sources
***The water quality management area
supposedly the NWRB, the department based
on DENR in coordination with NWRB shall
designate areas that sh all designate certain
areas a s water quality management areas, this
is also in coordination with the LGUs using
appropriate physiographic units such as
watershed, river basins or water resources
regions. They would identify certain areas
within the local government unit and
designate the same as water quality
management area. Sino ang namamahala
nito? Well in the Philippines we have 60
watersheds and 9 are located in Davao: The
Lasang river, the Bunawan river, Panacan
river, Davao river, Matina (?), Talomo river,
Lipadas river, Kinawayan river and Sibulanriver . These are the 9 watersheds in Davao
city.
*** Sources of water: Groundwater and
Surface water . Actually sa Constitution
kasali ang atmospheric water (Yung ulan ba)
but it is not covered by the Clean Water Act.
***Water quality management area- ito ay
governed by a board comprising of
mayors, governors of member LGUs. So
sabihin natin that this area is between 2
adjacent LGUs, yung mga mayors and
governors diyan would compose the
management board. And representatives of
relevant national government agencies,
duly registered non-governmental
organization, water utility sector, and
Based on the Lectures of Att ! "amon Edison Batacan
Transcri#ed # $ Mae Bun%a#on%
8/10/2019 Environmental Law TSN
http://slidepdf.com/reader/full/environmental-law-tsn 44/63
Environmental Law TSN 2-Manresa 2012- &&
business sec tor. But I am not aware if merong
ganyang board here in Davao city.
*** Management of Non-attainment Area s-
The DENR also identies areas kung saan
polluted na masyado and label it as NON-
ATTAINMENT AREAS . Ano yung non-
attainment areas? Yun yung mga areas which
exceed the allowable standards or standards
allowed by the law.
Classication of Water according to
quality:
1.Meron tayong CLASS AA- Like
watersheds, pristine ang quality ng
water n ito.
2.CLASS A-For water supplies, puwede
ito maging source of water supply
for an entire community but it must
treated gaya ng DCWD. Dumadaan
yan ng treatment.
3.CLASS B- When it says Class B it
means for recreation such as
bathing, swimming, etc. Those
designated for tourism purposes.
4.CLASS C- It shall be for the
propagation of other aquatic
resources. Recreational water class
like for boating etc. and for
industrial supply.
5.CLASS D- Agriculture, irrigation.
Primarily for irrigation. Industrialwater supply and cooling para sa
cooling power for industrial
purposes (?).
2006 Classication of Water bodies in
Davao City: (Do you think the water
quality has improved?) As of 20 06 Davao
city:
a.Bunawan river- Class C
b. Davao river (Up stream)-Class A
c. Maa river(Down stream)- Class C
d. Ilang river- Class C
***So wala tayong Class A A.
SECTION 7. National Sewerage and
Septage Management Program . ***So in
Davao city wala tayong sewerage and septic
system, kami sa Maynila meron yung Manila
Waterworks and Sewerage System. Although
the DPWH under the Clean Water Act is
directed to prepare a national program on
sewerage and septic management, I don’t
know again if we have that kind of program in
Davao city, but one thing is su re we don’t have
Based on the Lectures of Att ! "amon Edison Batacan
Transcri#ed # $ Mae Bun%a#on%
8/10/2019 Environmental Law TSN
http://slidepdf.com/reader/full/environmental-law-tsn 45/63
Environmental Law TSN 2-Manresa 2012- &'
such system so how can we have a pr ogram if
we don’t
*** There’s a policy in na Lake, we
have an authority there diba? LLDA. There is
a program kung saan napupunta ito sa
national water management fund but that is
within LLDA but there is no such thing
working here in Davaocity
POLLUTERS SHALL PAY. If you pollute, you
pay. In Laguna de Bay, maraming mga
factories yung mga dumi nila dumidiretso sa
Laguna de Bay. Now if you exceed the
standards allowed by the law I mean the
effluents, they pay. Hindi ka naman puwedeng
mag-discharge ng effluents without a permit
from the LLDA but in Davao city seems that
those effluence from the factories did notpassed itong waste water management. (For
purposes of complying such permit, these
factories h ave water sewage system. When the
DENR inspects there’s water sewage system
but at R
actual practice, di ginagamit n iyan kasi it is
very expensiv pero titignan mo andyan yan.)
SECTION 12. Categories of Industry Sector .
- Within twenty-four (24) months from the
effectivity of this Act, and every two (2)
years thereafter, the Department shall,
through due public consultation, revise
and publish a list of categories of industrysector for which effl uent standards will be
provided for each signicant wastewater
parameter per industry sector.
The Department shall provide additional
classication based on other parameters
specically associated to discharge of a
particular industry which shall be
included in the listing of categories
prescribed in the preceding paragraph .
***If you are for exam ple in a manufacturing
industry, i-claclassify kayo or if you are an
agricultural industry meron kayong sariling
mga standards, the effluents or discharges
which come from your factory would be
regulated based on the standards and if you
exceed the standards you will pay or if you
violate later tignan ninyo ang mga penalties.
***Tignan ninyo-Laguna Lake Region andRegional Industrial Centres which will collect
waste industrial charges. It yung tawag nila
“POLLUTERS SHALL PAY.”
SECTION 13. Wastewater Charge System
XXXX The system shall be established on theBased on the Lectures of Att ! "amon Edison Batacan
Transcri#ed # $ Mae Bun%a#on%
8/10/2019 Environmental Law TSN
http://slidepdf.com/reader/full/environmental-law-tsn 46/63
Environmental Law TSN 2-Manresa 2012- &(
basis of payment to the government for
discharging wastewater into the water bo dies.
XXXX
***It is n ot r eally, even if you do not exce ed the
standards for as long as you discharge water
into the water body depending on the volume
of waste more so if you exceed the standards
then you have violated the law. So sasabihin
nila you are allowed to discharge then you
have the permit to discharge based on the
volume mapupunta sa fund yan, anong
purpose ng fund na yan? For rehabilitation
purposes.
***Discharge p ermits, yan! The Department
shall require owners or operators of
facil discharge regulated
effl uents pursuant to this Act to secure a
permit to di ***So if you discharged
without a
SECTION 16. Clean-Up Operations . ***Kung
may pollution na? Example, Oil Spill-The
corporation who caused it or t he owner of
such oil, a tanker for example shall be
responsible to contain, remove and clean-up
any pollution incident at h is own expense.
Emergency clean-up operations shall be
undertaken by DENR especially if the
corporation has no capability of doing so but
expenses i ncurred in said operations shall be
reimbursed by the persons found to have
caused such pollution upon proper
administrative determination in accordance
with this Act.
***How much did the Phoenix paid? When
yung kanilang tank ay nasira, I think 1.2
Billion Pesos. But that is not enough to
rehabilitate that area. T his brings back to
what happened in Guimaras. Ito yung aerial
view, eto lang yung oil na nasadsad di pa
talaga yun yung nangyari sa d agat, this would
take 20 years t o put ba ck to its original state
(Just imagine) You see the damage in the
environment.
***Lead Agency: The DENR.
***What is the role of the LGUSs? Ang
sinasabi is you share in the management and
improvement of water quality within your
territorial j urisdictions.
SECTION 24. Pollution Research and
Development Programs .
SECTION 25. Rewards . ***Bibigyan ka ng
medalya ng gobyerno if you undertake
outstanding and innovative projects,
technologies, processes and techniques or
activities in water quality management.
Based on the Lectures of Att ! "amon Edison Batacan
Transcri#ed # $ Mae Bun%a#on%
8/10/2019 Environmental Law TSN
http://slidepdf.com/reader/full/environmental-law-tsn 47/63
Environmental Law TSN 2-Manresa 2012- &)
***Several years ago, I wrote an article about
water sabi
water i
ilagay mo diyan lahat ng water only about a
teaspoon of water ang potable, ganon lang an g
ratio and if there would be a world war, it will
not be about oil but about who will control
water.
na yang water actually kahit ngayon napaka-
crucial nay an. If we will not do something
about our sources of water, dito palang
magpapatayan na yan. So fast forward ng 100
years more, you wi
people around with masks. Nakamaskara na
lahat so din a mag-matter kung pangit ka o
maganda pati yung mga make-up.
SECTION 27. Prohibited Acts .
a) Discharging, depositing or cau sing to be
deposited material of any kind directly or
indirectly into the water bodies or along
the margins of a ny surface water, where,
the same shall be liable to be washed into
such surface water, either by tide a ction or
by storm, oods or otherwise, which could
cause water pollution or impede natural
ow in the water body;
***This is a very motherhood statement that
would constitutdi
would constitute deposit, and anything that is
considered material-kasali ang HUMAN
WASTE. Yung sa Bankerohan, yung home
along the river. Dumidiretso sa river tapos
kinankain ng janitor sh tapos hinuhuli ng
tao. You know in Manila, yung isang
dinadaanan naming doon along the river, ang
daming taong nag-shing, tapos sabi ko
anong hinuhuli nila sabi ng kausap ko, janitor
sh sabi ko diba sa aqu arium lang yan. Tapos
tanong ko ulit, anong ginagawa nila diyan?
Ginagawa raw na pulutan. So kinakain nap
ala ang mga Janitor sh ngayon sabi pa nga
nila, sa mga palainum daw yan daw ang
masarap na pulutan. So any discharge, so if
you discharge you are already violating Sec.
27.Directly or i ndirectly, direst o ano ba (?)into
the water bodies or al ong the margins of any
surface w ater.
b) Discharging, injecting or allowing to
seep into the soil or su b-soil any su bstance
in any form that would pollute
groundwater. In the case of geothermal
projects, and subject to the approval of theDepartment, regulated discharge for short-
term activities (e.g. well testing, ushing,
commissioning, venting) and deep re-
injection of geothermal liquids may be
allowed: Provided, That safety measures
Based on the Lectures of Att ! "amon Edison Batacan
Transcri#ed # $ Mae Bun%a#on%
8/10/2019 Environmental Law TSN
http://slidepdf.com/reader/full/environmental-law-tsn 48/63
Environmental Law TSN 2-Manresa 2012- &*
are adopted to prevent the contamination
of the groundwater;
***Biro niyo huh,di man lang sinabing
knowingly, intentionally, walang sinasabi so
like if you own a house in a subdivision along
Dumoy, yang Dumoy ay part na ng aquifer, an
aquifer is a source of water like the ones
owned by DCWD then you have a se ptic tank
but you’r
the water from the sep tic tank lalabas then it
will
are sleeping di mo alam you are already
viol
allowing these pollutants to seep into the
ground water. Check your septic tanks huh!
Baka n akakaviolate na kayo.
c) Operating facilities that discharge
regulated water pollutants without the
valid required permits or a fter the permit
was revoked for any violation of any
condition therein;
***So here it is presumed that you really
intentionally violatedthe law when you
operate without a p ermit.
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 an d imminent peril;
***Sea water was a big issue before yung sa
Subic. Kasi isa sa m ga provider s a port, yung
mga provider ito yung kumukuha sa mga
waste sa barko, nililinisan nila ang mga barko
tapos itatapon nila pero yung provider dito
pagkatapos niyag kunin yung mga basura
dinala niya sa malayong part ng dagat tapos
doon niya i-tinapon tapos nahuli siya pero
mayroong underlying story doon yung nag-
sumbong is yung competing provider. So you
know the motives.
***Tignan niyo ito huh sea water, sea water.
Kapag sinabi niyong su rface water it does n ot
only covered rivers but it al so covers oceans
within our territorial jurisdiction, sea kasama
ang sea w aters.
***Actually kung ano yung mga prohibition
dito, if you look at t he Marine Pollution Decree
halos pareho lang ng mga violation though
yung nasa MPD is more specic sa sea water.
e) Unauthorized transport or dumping into
sea waters of sewage sludge or s olid waste
as dened under Republic Act No.9003;
f) Transport, dumping or discharge of
prohibited chemicals, substances orBased on the Lectures of Att ! "amon Edison Batacan
Transcri#ed # $ Mae Bun%a#on%
8/10/2019 Environmental Law TSN
http://slidepdf.com/reader/full/environmental-law-tsn 49/63
Environmental Law TSN 2-Manresa 2012- &+
pollutants liunder Republic Act
No.6969;
g) Operate facilities that discharge or
allow to seep, willfully or through gross
negligence, prohibited chemicals,
substances or p ollutants listed under R. A.
No. 6969 into water bodies or w herein the
same shall be liable to be washed into
such surface, ground, coastal, and marine
water;
h) Undertaking activities or development
and expansion of projects, or operating
wastewater/sewerage facilities in violation
of Presidential Decree. No.1586 and its
implementing rules, and regulations;
***Ano ito? Yung EIS system.
i) Discharging regulated water pollutants
without the valid required discharge
permit pursuant to thiAct
permit was revoked for any violation of
condition therein;
j) Non-compliance of the LGU with the
Water Quality Framework and
Management Area Action Plan. In such a
case, sanctions shall be i mposed on the
local government offi cials concerned;
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;
***klm-These w ould also c onstitute prohibitive
acts.
n) Refusal or failure t o designate pollutioncontrol offi cers whenever required by, the
Department in accordance with this Act;
and
***PCOs ang tawag so l ahat ng mga companies
ngayon are required to employ an PCO or if
that employees are connected with the rm hehas to be designated as a PCO. Alam niyo
malaking sou rce of income I would also say i f
there’s income th ere’s a lso corruption dito sa
Davao City you would ask saan napupunta
yung pera? Because there is an organization
Based on the Lectures of Att ! "amon Edison Batacan
Transcri#ed # $ Mae Bun%a#on%
8/10/2019 Environmental Law TSN
http://slidepdf.com/reader/full/environmental-law-tsn 50/63
Environmental Law TSN 2-Manresa 2012- '0
usually naka-attach sa DENR then sila yung
usually nag-conconduct ng mga seminars on
regulations about the environmental
management, pollution control, new
memoranda from DENR kagaya ng MCLE
because di ka uwedeng maging PCO if you
are not accredited by DENR so dapat ka
munang mag-seminar. I think 3 to 5 t housand
peso every 4 months and if you think
maraming PCOs so saan kaya napupunta ang
pera di nila masagot yan.
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 .
***Bawal yung booster kasi kawawa naman
yung kapitbahay mo kung gagamitan mo ng
booster mp ang
***Talking about c orruption, sabi nila without
any offense which is the correct statement,
half of the congressmen in the congress a re
like crocodiles or half of them are not
crocodiles. Alin ang tamang statement doon?It is l ike s aying is th e g lass of water h alf full or
half empty. I will say, not all of them are not
crocodiles kasi marami naming mga mababait.
SECTION 28. Fines, Damages and
Penalties . - Unless otherwise provided
herein, any person who commits any of
the prohibited acts provided in theimmediately preceding section or violates
any of the provision of this Act or its
implementing rules and regulations, shall
be ned by the Secretary, upon the
recommendation of the PAB 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.
***Kayang-kaya yang bayaran ng mga multi-
national companies. They would rather pay
the nes than to maintain a water sewage
facility. It w ould take millions of dollar t o put
up then to operate that facility than to pay th e
ne so it does not det er t he provision of the
violation (?).
That the Secretary, upon recommendation
of the PAB may order the closure,
suspension of development or
construction, or cessa tion of operations or,
where appropriate disconnection of water
supply, until such time that proper
environmental safeguards are put in place
Based on the Lectures of Att ! "amon Edison Batacan
Transcri#ed # $ Mae Bun%a#on%
8/10/2019 Environmental Law TSN
http://slidepdf.com/reader/full/environmental-law-tsn 51/63
Environmental Law TSN 2-Manresa 2012- '1
and/or compliance with this Act or its
rules and regulations are undertaken.
This paragraph shall be without prejudice
to the issuance of a n ex parte order forsuch closure, suspension of development
or co nstruction, or cessa tion of operations
during the pendency of the case.
***Ano yung PAB? Pollution Adjudication
Board, it is an adjunct of DENR under the
office of the Secretary.
***There are 2 instances where the PAB can
issue the cease an d desist order. Ano yunn? 1.
When the effluents exceed the standards of
the law and 2. If there’s an imminent da nger
to persons, property or animals the PAB can
immediately issue CDO.
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 (
thousand pesos (P50,000.00) and not morethan 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 a nd one day and
not more than twelve (12) years, and a neof Five Hundred Thousand Pesos
(P500,000.00) per day for each day during
which the omission and/or contamination
continues.
***Failure to undertake clean-up operations-
so what do es this imply? So if there’s an oilspill, you are n ot h eld criminally liable u nless
you intentionally fail to undertake clean-up
operations.
***So anong ibig sa bihin ng gross vi olation?
a) deliberate discharge of toxic pollutants
identied pursuant to Republic Act
No.6969 in toxic amounts;
b) ve {5) or more violations within a
period of two (2) years; (So it encourages
repetition) or
c) blatant disregard of the orders of the
PAB, such as the non-payment of nes,
breaking of seals or o perating despite the
existence of an order for closure,
discontinuance or cess ation of operation .
Based on the Lectures of Att ! "amon Edison Batacan
Transcri#ed # $ Mae Bun%a#on%
8/10/2019 Environmental Law TSN
http://slidepdf.com/reader/full/environmental-law-tsn 52/63
Environmental Law TSN 2-Manresa 2012- '2
***Eto yung kanyang penalty kasi
pangmalakihan na ito . In which case,
offenders shall be punished with a ne of
not less than Five hundred thousand pesos
(P500,000.00) but not more than Three
million pesos (P3,000,000.00} per day for
each day of violation or imprisonment of
not less than six {6) years but not more
than ten {10) years, or both, at the
discretion of the court.
If the offender is a juridical person, the
president, manager and the pollution
control offi cer or the offi cial in charge of
the operation shall suffer the penalty
herein provided.
SECTION 29. Administrative Sanctions
Against Non-compliance with the Water
Quality Management Area Action Plan. -
Local government offi cials concerned
shall be subject to Administrative
sanctions incase of failure to comply with
their action plan accordance with the
relevant provisions of R.A. No. 7160.
***Who is interested in this?
SECTION 36. Effectivity. - This Act shall
take effect fteen (15) days from the date
of its publication in the Offi cial Gazette or
in at least two (2) newspapers of gen eral
circulation.
Based on the Lectures of Att ! "amon Edison Batacan
Transcri#ed # $ Mae Bun%a#on%
8/10/2019 Environmental Law TSN
http://slidepdf.com/reader/full/environmental-law-tsn 53/63
Environmental Law TSN 2-Manresa 2012- '3
(Ang sabi ni Sir PD 976 sa kanyang lecture
pero iba ang PD 976 kasi it talks about soil
management pero kapag tinignan niyo ang
PD 979 mostly sa mga diniscuss niya aygaling sa PD 979.)
PD 979: PROVIDING FOR THE REVISION
OF PRESIDENTIAL DECREE NO. 600
GOVERNING MARINE POLLUTION
This Decree shall be known as the Marine
Pollutin Decree of 1976.
***What is t he p olicy of the st ate? To prevent
and control the pollution of seas by the
dumping of wastes and other matter which
create hazards to human health, harm
living resources and marine life, damage
amenities, or interfere w ith the legitimate
uses of the sea within the territorial
jurid of the Philippines.
***So at rs t glance, you can always see that
Marine Pollution Decree co vers sea s b ut it also
covers f resh waters l ike th e n avigable ri vers.
***Denition of terms:
a. "Discharge" includes, but is not
limited to, any spilling, leaking,
pumping, pouring, emitting,
emptying or dumping but does notinclude discharge of effl uents from
industrial or manufacturing
establishments, or m ill of any kind.
***It does n ot include discharge of effluents
from industrial or manufacturing
establishments, or mill of any kind kasicovered na ito ng Clean Water Act. Yung
mga effluents being discharged by the
factories
b."Dumping" means any deliberate
disposal at se a and into navigable
waters (***Ano yung ibig sabihin ng
navbigable waters? These includes
yung mga navigable rivers) of wastes
or other matter from vessels,
aircraft, platforms or other man-
made structures at sea, includingthe disposal of wastes or other
matter directly arising from or
related to the exploration,
exploitation and associated off-
shore processing of sea bed mineral
Based on the Lectures of Att ! "amon Edison Batacan
Transcri#ed # $ Mae Bun%a#on%
8/10/2019 Environmental Law TSN
http://slidepdf.com/reader/full/environmental-law-tsn 54/63
Environmental Law TSN 2-Manresa 2012- '&
resources unless the same is
permitted and/or regulated under
this decree: Provided, That it does
not mean a disposition of anyeffl uent from any outfall structure
to the extent that such disposition is
regulated under the provisions of
Republic Act Numbered Three
Thousand Nine Hundred Thirty-One,
nor does it mean a routine
discharge of effl uent or other matter
incidental to the propulsion of, or
derived from the normal operations
of vessels, aircraft, platforms or
other man-made structures at sea
and their equipment.
c. " Oil" means oil of any kind or in
any form including, but not limited
to, petroleum, fuel oil, (***The term
fuel oil in other co untries they refer a s
diesel oil ) sludge, oil refuse, and oil
mixed with wastes other than
dredge spoil.
d. " Navigable Waters" means the
waters of the Philippines, including
the territorial sea and inland waters
which are presently, or be in the
future susceptible for use by
watercraft.
***Territorial sea nasa labas ng
teritoryo n atin and inland waters yu ng
nasa pagitan ng mga isla kasali yan
which which are presently, or be in the
future s usceptible for u se b y watercraft-
so ginagamit na o puwedeng gamitin sa
future.
e . "Vessel" means every description
of watercraft, or other articial
contrivance used, or capable of
being used, as a means of
transportation on water.
f. "Person" includes any being,
natural or juridical, su sceptible of
rights and obligations or of being
the su bject of l egal relations.
g. "Refuse" means garbage, waste,
wood residues, sand, lime cinders
ashes, offal, nightsoil, tar, dye
Based on the Lectures of Att ! "amon Edison Batacan
Transcri#ed # $ Mae Bun%a#on%
8/10/2019 Environmental Law TSN
http://slidepdf.com/reader/full/environmental-law-tsn 55/63
Environmental Law TSN 2-Manresa 2012- ''
staffs, acids, chemicals and
substances other than sewage and
industrial wastes that may cause
pollution.
***Even though it is all embracing
except industrial waste a nd sewage it is
covered by other law.
***What ar e the prohibited acts?
a.discharge, dump or suffer, permit
the discharge of oil, noxious
gaseous and liquid substances
and other harmful substances
from or out of any ship, vessel,
barge, or any other oating
craft, or other man-made
structures at sea, by any method,
means or manner, into or upon
the territorial and inland
navigable waters of the
Philippines;
b.throw, discharge or deposit,
dump, or cause suffer or procure
to be thrown, discharged, or
deposited either from or out of
any ship, barge, or other oating
craft of vessel of a ny kind, or
from the shore (***So nagtapon ka
diyan sa shoreline, you have vi olated
the Marine Pollution Decree),
wharf, manufacturing
establishment (***Except yung
effluents), or mill of any kind, any
refuse matter of any kind or
description whatever other than
that owing from streets and
sewers and passing therefrom in
a liquid state into tributary of
any navigable water from which
the same shall oat or be
washed into such navigable
water; and
***So again it gives us the impression
that it covers a lso itong mga privitaries
(?) Saan lalabas ba yung mga
privitaries? Sa sea or sa river or any
bodies of water.
c. deposit or cause, suffer or
procure to be deposited material
of any kind in any place on the
bank of any navigable water or
on the bank of any tributary of
any navigable water, where the
same shall be liable to be w ashed
Based on the Lectures of Att ! "amon Edison Batacan
Transcri#ed # $ Mae Bun%a#on%
8/10/2019 Environmental Law TSN
http://slidepdf.com/reader/full/environmental-law-tsn 56/63
Environmental Law TSN 2-Manresa 2012- '(
into such navigable water, either
by ordinary or high tides, or by
storms or oods, or otherwise,
whereby navigation shall or maybe impeded or obstructed or
increased the level of p ollution of
such water.
***Kahit anong itapon provided that
kapag naghihigh tide nawawash-out
away sa shore so h ave violated the law.
***So what are the exceptions? Except in
cases of emergency imperilling life or
property, or unavoidable accident,
collision, or stranding or in any cases
which constitute danger to human life or
property or ***Thereis a term there, what is that? Jettison- you
can throw away things to the sea. Do you
think this would violate the law?) , aircraft,
platforms, or oman-made structure,
or if damping appears to be the only way
of averting the threat and if there is
probabilimage consequent
upon such dumping will be lees than
would otherwise occur, and except as
otherwise permitted by regulations
prescribed by the National Pollution
Control Commission or the Philippine
Coast Guard.
***Penalties for violations-Fine -200 to 10
thousand pesos. Imprisonment- by
imprisonment of not less t han thirty days n or
more than one year or both such ne and
imprisonment, for each offense, without
prejudice to the civil liability of the offender i n
accordance with existing laws. For vessels
pareho lang, in addition clearance of such
vessel from the port of the Philippines may be
withheld until the ne is paid.
Based on the Lectures of Att ! "amon Edison Batacan
Transcri#ed # $ Mae Bun%a#on%
8/10/2019 Environmental Law TSN
http://slidepdf.com/reader/full/environmental-law-tsn 57/63
Environmental Law TSN 2-Manresa 2012- ')
THREE CASES
***These a re very i mportant cases.
First, PAB vs Court of Appeals and Solar
Textile
*** This is an old case
Facts: In 1988 PAB (Pollution Adjudication
Board, a office adjunct to DENR under the
office of the Secretary) issued an ex parte Order (***Alam niyo naman yang ex
parte? FOR ITS OWN without a hearing)
directing Solar immediately to cease and
desist from utilizing its wastewater
pollution source installations which were
discharging untreated wastewater directly
into a canal leading to the adjacent
Tullahan-Tinejeros River (***I remember I
told you before t hat m ost of the factories have
waste water t
high maintenance so a ng ginawagawa nila is
for the purposes of showing it to the DENR
whenever DENR conducts an inspection,
pinapaandar nila yan para sabihing
nagcocomply sila pero kapag natapos na ang
inspection wala na.) The basis for the
issuance of the CDO were the inspections I
guess there were two inspections
conducted by DENR and accordingly the
waste water facility was not operating and
the combined wastewater generated from
its operation was about 30 gallons perminute and 80% of the wastewater was
being directly discharged into a drainage
canal leading to the Tullahan-Tinejeros
River by means of a by-pass and the
remaining 20% was channelled into the
plant's existing Wastewater Treatment
Plant (WTP). (***Biro niyo 20% lang pero sira
pa talaga)
The remaining 20% of the wastewater was
being channeled through Solar's non-
operational wastewater treatment plant.
Chemical analysis of samples of Solar's
effluents showed the presence of pollutants
on a level in excess of what was permissible
under P.D. No. 984 and its Implementing
Regulations. ***So merong standards but the
effluents or discharge coming from the factory
exceeds the standards. So PAB issued a C DO.
According to PAB under P.D. No. 984,
Section 7(a), it has legal authority to
issue ex parte orders to suspend the
operations of an establishment when there
is prima facie evidence that such
Based on the Lectures of Att ! "amon Edison Batacan
Transcri#ed # $ Mae Bun%a#on%
8/10/2019 Environmental Law TSN
http://slidepdf.com/reader/full/environmental-law-tsn 58/63
Environmental Law TSN 2-Manresa 2012- '*
establishment is discharging effluents or
wastewater, the pollut
exceeds the maximum permissible
standards set by the NPCC (now, theBoard). (***So wala na yang NPCC yan na
ngayon yang PAB) Petitioner Board contends
that the reports before it concerning the
effluent discharges of Solar into the
Tullahan-Tinejeros River provided prima
facie evidence of violation by Solar of
Section 5 of the 1982 Effluent Code. ***So
sabi ng PAB yun palang that is an eveidence
itself that t hey have violate the standards for
PAB to issue a C DO on the other hand Solar
said that under the Board's own rules and
regulations, an ex parte order may issue
only if the effluents discharged pose an
"immediate threat to life, public health,
safety or welfare, or to animal and plant
life." In the instant case, according to
Solar, the inspection reports before the
Board made no nding that Solar's
wastewater discharged posed such a
***In other words Solar says t hat PAB should
prove that there is an immediate threat to
immediate threat t o life, public health, safety
or welfare, or to animal an d plant life. But
since there is n o proof of such the PAB cannot
issue a C DO ex parte.
Ruling: Sabi ng Supreme Court under
Section 7(a) of P.D. No. 984, an ex
parte cease and desist order may be issued
by the Board (a) whenever the wastes
discharged by an establishment pose an
"immediate threat to life, public health,
safety or welfare, or t o animal or pl ant l ife,"
or (b) whenever such discharges or wastes
exceed "the allowable standards set by the
[NPCC]." Sabi ng SC it is not essen tial that
the Board prove that a n "immediate threat
to life, pu blic health, safety or welfare, or
to animal or plant life" exists before an ex
parte cease an d desist order may be issued.
It is enough if the Board nds that the
wastes discharged do exceed "the allowable
standards set by the [NPCC] . ***So if you
exceed the allowable st andards set by law that
is enough basis to issue a CDO. So eto
naman, Where, however, the effluents or
discharges have not yet been the subject
matter of allowable standards set by the
Commission, then the Board may act on an
ex parte basis when it nds at least prima
facie proof that the wastewater or material
involved presents an "immediate threat to
life, p ublic health, safety or welfare or to
Based on the Lectures of Att ! "amon Edison Batacan
Transcri#ed # $ Mae Bun%a#on%
8/10/2019 Environmental Law TSN
http://slidepdf.com/reader/full/environmental-law-tsn 59/63
Environmental Law TSN 2-Manresa 2012- '+
animal or plant life." Since the applicable
standards set by the Commission existing
at any given time may well not cover every
possible or imaginable kind of effluent or waste discharge,
"immediate threat to life, public health,
safety or welfare, or to animal and plant
life" remains necessary. ***So walang
standards gamitin niyo lang yung ordinary
prudence xxx then you can issue a C DO.
***So the next case, Mead vs Argel , t his is
also a very interesting case. Now if you are
found to violate an environmental law, does
the scal has t he jurisdiction to le a n action
against you?
***So yu ng kanyang kaso is for t he violation of
RA 3931(Pollution Control Law). The
information states, willfully, unlawfully and
feloniously drain or oth erwise dispose into
the highway canal and/or cause, permit,
suffer to be drained or allow to seep into
such waterway the industrial and other
waste matters discharged due to the
operation of the said Insular Oil Renery
Co. so managed and operated by them,
thereby causing pollution of such waterway
with the resulting damage and/or
destruction to the living plants in the
vicinity and providing hazard to health and
property in the same vicinity. ***Yun yung
nile ng scal kasi there’s a probable cause
for t he violation of the s aid law.
***Sabi ng SC the denition of the term
"pollution" in itself connotes that the
determination of its existence requires
specialized knowledge of technical and
scientic matters which are not ordinarily within the competence of Fiscals or of
those sitting in a court of j ustice. ***Sino
ang magsasabing pollution na yan? Sino
ang nagca-cause ng pollution, ang sabi ng
SC before maghain ng kaso there must be
rst a determination of competent
authorities or by experts that such
discharge causes pollution or resu lted into
pollution but who can say that? Sabin g SC-
It is our considered view that the
Provincial Fiscal of Rizal lacked the
authority to le the information charging
the petitioner with a violation of the
provisions of Republic Act No. 3931 there
being no prior nding (***There i s a need for
a prior nding) or determination by the
Commission that the act of the petitioner
had caused pollution in any water orBased on the Lectures of Att ! "amon Edison Batacan
Transcri#ed # $ Mae Bun%a#on%
8/10/2019 Environmental Law TSN
http://slidepdf.com/reader/full/environmental-law-tsn 60/63
Environmental Law TSN 2-Manresa 2012- (0
atmospheric air of t he Philippines. ***This
is a ---parang kasama ang decision na ito
yung such cert
kung ano yung dinidischarge, what if yung
makikita mo yung oil sludge o r oil spill, do you
still have to goN PCC or PAB? To d etermine the
existence of the pollution. Lalo ng yung oil
spill- Eh namatay na yung mga corals, yung
mga animals, yung mga kahoy like the
Guimaras o il spill. So it means t hat you can’t
le directly before the scal’s office then the
scal will le a complaint without a prior
determination that there’s pollution prior to
the ling. Mahirap itong kasong ito, what is
the effect therefore if we follow this
pronouncement of SC of ling without prior
determination of the existence of such
pollution-the case is premature it will result to
the d ismissal the ca se. Moreover, it i s n ot to
be understood, however, that a scal or
public prosecutor may not le an
information for a violation of the said law
at all. He may do so if the Commission had
made a nding or determination that the
law or any of its orders h ad been violated.
In the criminal case presently considered,
there had been no prior determination by
the Commission that the supposed acts of
the petitioner had caused pollution to any
water of the Philippines. The ling of the
information for the violation of Section 9
of the law is, therefore, premature and
unauthorized. Concommittantly, therespondent Ju dge is without jurisdiction to
take cognizance of the offense charged
therein. ***That is the pronouncement of the
SC.
***So the next case, Technology Developers
Inc. vs Court of Appeals. This is also a verynice case.
The authority of the local executive to
protect the community from pollution is
the ce nter of t his co ntroversy.
The Petitioner, a domestic privatecorporation engaged in the manufacture
and export of charcoal briquette, received a
letter dated February 16, 1989 from private
respondent acting mayor Pablo N. Cruz,
ordering to cease from operating sa
Bulacan pala ito until further notice. The
letter likewise requested Plant Manager Mr.
Armando Manese to bring with him to the
office of the mayor on February 20, 1989
the following: a) Building permit; b) Mayor's
permit; c) Region III-Pollution of
Based on the Lectures of Att ! "amon Edison Batacan
Transcri#ed # $ Mae Bun%a#on%
8/10/2019 Environmental Law TSN
http://slidepdf.com/reader/full/environmental-law-tsn 61/63
Environmental Law TSN 2-Manresa 2012- (1
Environment and Natural Resources Anti-
Pollution Permit; and of other document .
***Kasi yung kanilang planta maraming
nagrereklamo.So isinumbong then
pinuntahan tapos na-conrm nila then they
ordered for t he cessat ion kasi ang sabi rin ng
mayor wala akong matandaang nag-issue ako
mayor’s p ermit para d iyan.
At the requested conference on February
20, 1989, petitioner, through its
representative, undertook to comply with
respondent's request for the production of
the required documents. In compliance
with said undertaking, petitioner
commenced to secure "Region III-
Department of Environmental and Natural
Resources Anti-Pollution Permit," although
among the permits previously secured prior
to the operation of petitioner's plant was a
"Temporary Permit to Operate Air Pollution
Installation" issued by the then National
Pollution Control Commission (now
Environmental Management Bureau)(***Pero nag-expire na yan) and is now at a
stage where the Environmental
Management Bureau is trying to determine
the correct k ind of anti-pollution devise to
be installed as part of petitioner's request
for the ren ewal of its permit.
Petitioner's att ention having been called to
its lack of mayor's permit, it sent its
representatives to the office of the mayor
to secure the same but were not
entertained.
***Ang nangyari sa Artica Sports dome when
the construction started, it started without
complying the EIS system then it came up
such time when a case was led against the
city mayor and other individuals. Ako kasi
yung counsel ni Mayor ang sabi ko we should
le for a CNC kasi di naman kasali ang mga
LGUs diyan eh but tinanggihan ng DENR so
nag-le kami ng case then umabot na sa SC
after many pleadings the SC nally decided
that kasali ang mga LGUs. Pero hindi na
kailangang kumuha ng ECC for the said
project kasi di n aman siya environmentally
critical p roject a t h indi siya ginawa in an
environmentally critical ar ea pero sadly hindi
siya itinuloy. xxxxxxxxxxxxx
On April 6, 1989, without previous and
reasonable notice upon petitioner,
respondent acting mayor ordered the
Municipality's station commander to
Based on the Lectures of Att ! "amon Edison Batacan
Transcri#ed # $ Mae Bun%a#on%
8/10/2019 Environmental Law TSN
http://slidepdf.com/reader/full/environmental-law-tsn 62/63
Environmental Law TSN 2-Manresa 2012- (2
padlock the premises of petitioner's plant,
thus effectively causing the stoppage of its
operation.
Left with no recourse, petitioner instituted
an action for certiorari , prohibition,
mandamus with preliminary injunction
against private respondent with the court
a quo which is presided by the respondent
judge. In
writ of prandatory ic
it alleged therein that the closure order
was issued i
respondent judge, April 19, 1989, found
that petitioner is entitled to the issuance
of the writ of preliminary mandatory
injunction. But after re-assessing the
evidences the lower court, on June 14,
1989, issued an order (a) setting aside the
order dated April 28, 1989, which granted a
Writ of Prelinary Mandatory Injunctin
and (b) dissolving the writ consequently
issued.
A motion for reconsidera
1989 was led by petitioner. Said motion
drew an opposition dated July 19, 1989
from private respondent. But the CA
affirmed the decision of the LC.
Hence this petition, the petition is devoid
of merit because of these reasons among
others , ***So itong dalawang reason ang
pinakamabigat pero meron pa talagang iba:
1. No mayor's permit had been secured.
While it is true that the matter of
determining whether there is a pollution of
the environment that requires control if
not prohibition of the operation of a
business is essentially addressed to thethen National Pollution Control
Commission of the Ministry of Human
Settlements, now the Environmental
Management Bureau of the Department of
Environment and Natural Resources, it
must be recognized that the mayor of a
town has as m uch responsibility to protect
its inhabitants from pollution, and by
virtue of his police power, he may deny the
application for a permit to operate a
business or otherwise close the same
unless appropriate measures are taken to
control and/or avoid injury to the health of
the residents of the community from the
emissions in the operation of the business
(***So hindi mo puwedeng sabihin that mayor
you can’t do that kasi walang prior
dtermination kasi sabi ng SC the mayor of a
Based on the Lectures of Att ! "amon Edison Batacan
Transcri#ed # $ Mae Bun%a#on%
8/10/2019 Environmental Law TSN
http://slidepdf.com/reader/full/environmental-law-tsn 63/63
Environmental Law TSN 2-Manresa 2012- (3
town has as much responsibility to protect its
inhabitants from pollution, and by virtue of
his police power, he m ay deny the application
for a p ermit to operate a business or ot herwise
close the same unless appropriate measures
are t aken to control and/or avoi d injury t o the
health of the residents o f the com munity from
the emissions in the operation of the
business)
***So if there’s pollution in your area kung
gusto niyong magreklamo you can go directly
to your mayor then isumbong niyo. Paano
kung merong Mayor’s permit? Puwede naman
yang i-d
of pollution is considered as nuisance which
can be abated judicially or ex tra-judicially.
2. The Acting Mayor, in a letter of
February 16, 1989, called the a ttention of
petit
fumes of its plant whose offensive odor
"not on ly pollute the a ir in the locality but
also affect the health of the residents in
the area," so that petitioner was ordered
to stop its operation until further orders
(3) Region III-Department of E nvironment
and Natural Resources Anti-Pollution
permit.
The petitioner takes note of the plea of
petitioner focusing on its huge investment
in this dollar-earning industry . ***Sabin g
SC we are aware of that- It must be stressed
however, that concomitant with the need
to promote investment and contribute to
the growth of the economy is the equally
essential imperative of protecting the
health, nay the very lives of the people,
from the deleterious effect o f the pollution
of the environment. ***So hindi na yung
importante ang investment kasi mas
importante ang bu hay ng m ga tao.