ENVIRONMENTAL LAWS AND POLICIES

*P.D. 1151 Philippine Environmen!l Poli"#

- defines the general policies on the pursuit of a better quality of life for the present and
future generations and mandates the undertaking the environmental impact assessments
for all projects, which may significantly affect the environment.
*P.D. 115$ Philippine Environmen!l Poli"#
-defines the policy objectives and the strategies for the various aspects of environmental
management, such as air and water quality management, natural source development, land
management, and waste management. It launches a comprehensive national program of
environmental protection and management, with reference to policies and standards of
noise, air quality, water quality, classification of water and waste management.
*P.D. 15%& defines the framework for the implementation of the environmental impact
assessment as the mechanism to reconcile the impacts of development projects on society
and the physical environment.
*P.D. 1'&( W!er Co)e o* he Philippine+
- adopts adequate measures to conserve and regulate the use of water in commercial,
industrial and residential areas. It also provides other policy guidelines in water quality
and management of water resources.
*R.A ,($' Food dditives
*RA. &-$5 !rugs
*R.A $%' "osmetics
*R.A. &.&. To/i" S01+!n"e+ !n) 2!3!r)o0+ !n) N0"le!r W!+e+ Conrol A" 41..'5
-regulates, restricts or prohibits the importation, manufacture, processing, sale,
distribution, use and disposal of chemical substances and mi#tures that present
0nre!+on!1le ri+6 !n)7or in80r# o he!lh or he environmen$
-prohibits the entry, even in transit, of h!3!r)o0+ !n) n0"le!r 9!+e+ and their disposal
into the %hilippine territorial limits for whatever purpose$ and
- provides advancement and facilitate research and studies on to#ic chemicals.
&&'a(ardous wastes are hereby defined as substances that are without any safe
commercial, industrial, agricultural or economic usage and are shipped, transported or
brought from the country of origin for dumping or disposal into or in transit through any
part of the territory of the %hilippines.
'a(ardous wastes shall also refer to by-products, side-products, process residues, spent
reaction media, contaminated plant or equipment or other substances from manufacturing
)
operations, and as consumer discards of manufacture products.
&& *uclear wastes are ha(ardous wastes made radioactive by e#posure to the radiation
incidental to the production or utili(ation of nuclear fuels but does not include nuclear
fuel, or radioisotopes which have reached the final stage of fabrication so as to be usable
for any scientific, medical, agricultural, commercial, or industrial purpose.
*R.A. (1&' Lo"!l :overnmen Co)e o* 1..1
-provides that local government should share with the national government the
responsibility in the management and maintenance of ecological balance within their
territorial jurisdiction subject to national policies and other pertinent provisions of the
"ode.
*R.A. %55' The ;i+herie+ Co)e o* he Philippine+ 41..%5
-defines the policies of the state in the protection, conservation and effective management
of fisheries stock as well as identifying allowable fishing methods in %hilippine coastal
waters.
*R.A. %(-. Philippine Cle!n Air A" o* 1...
- provides for a comprehensive air pollution control policy
*R.A. .'', The E"olo<i"!l Soli) W!+e M!n!<emen A" o* $''1
- an act providing for an ecological solid waste management program, creating the
necessary institutional mechanisms and incentives, declaring certain acts prohibited and
providing penalties, appropriating funds therefor, and for other purposes.
*R.A. .$(5= !l+o 6no9n !+ he Philippine Cle!n W!er A" o* $''-
n act providing a comprehensive water quality management and for other purposes.
&+io-Fuels ct ,-../0
- It is hereby declared the policy of the 1tate to reduce dependence on imported fuels with
due regard to the protection of public health, the environment, and natural ecosystems
consistent with the country2s sustainable economic growth that would e#pand
opportunities for livelihood by mandating the use of biofuels as a measure to3
a0develop and utili(e indigenous renewable and sustainably-sourced clean energy sources
to reduce dependence on imported oil$
b0mitigate to#ic and greenhouse gas ,4'40 emissions$
c0increase rural employment and income$ and
d0ensure the availability of alternative and renewable clean energy without any detriment
to the natural ecosystem, biodiversity and food reserves of the country.
%ursuant to the above policy, it is hereby enacted that all liquid fuels for motors and
-
engines sold in the %hilippines shall contain locally-sourced biofuels components as
follows3
5.) 6ithin two ,-0 years from the effectivity of this ct, at least five percent ,570
bioethanol shall comprise the annual total volume of gasoline fuel actually sold and
distributed by each and every oil company in the country, subject to the requirement that
all bioethanol blended gasoline shall contain a minimum of five percent ,570 bioethanol
fuel by volume3 %rovided, 8hat the ethanol blend conforms to %*1.
5.- Wihin *o0r 4-5 #e!r+ *rom he e**e"ivi# o* hi+ A", the *++ created under this
ct is empowered to determine the feasibility and thereafter recommend to !9: to
mandate a minim0m o* en 41'>5 per"en 1len) o* 1ioeh!nol 1# vol0me ino !ll
<!+oline *0el distributed and sold by each and every oil company in the country.
In the event of supply shortage of locally-produced bioethanol during the four-year period,
oil companies shall be allowed to import bioethanol but only to the e#tent of the shortage
as may be determined by the *++.
5.; In lieu of the effectivity of this ct, immediately within three ,;0 months upon the
signing which shall be promulgated upon the approval of this ct of the I<<? ! minim0m
of one percent ,)70 biodiesel by volume shall be blended into all diesel engine fuels sold
in the country3 %rovided, 8hat the biodiesel blend conforms to %*1 for biodiesel.
Wihin 9o 4$5 #e!r+ *rom e**e"ivi# o* hi+ A", the *++ created under this ct is
empowered to determine the feasibility and thereafter recommend to DOE o m!n)!e !
o!l o* 9o per"en 4$>5 1len) o* 1io)ie+el 1# vol0me subject to domestic supply and
availability of locally-sourced biodiesel component.
*R.A. .($. !l+o 6no9n !+ he Clim!e Ch!n<e A" o* $''..
- an act mainstreaming climate change into government policy formulations, establishing
the framework strategy and program on climate change, creating for this purpose the
climate change commission, and for other purposes.
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Relev!n Provi+ion+ o* he 1.%( Philippine+ Con+i0ion
<8I"=: I
*8I9*= 8:<<I89<>
8he national territory comprises the %hilippine archipelago, with all the islands and waters embraced
therein, and all other territories over which the %hilippines has sovereignty or jurisdiction, consisting of
its terrestrial, fluvial and aerial domains, including its territorial sea, the seabed, the subsoil, the insular
shelves, and other submarine areas. 8he waters around, between, and connecting the islands of the
;
archipelago, regardless of their breadth and dimensions, form part of the internal waters of the
%hilippines.
ARTICLE II@ STATE POLICIES
1ection )5. 8he 1tate shall protect and promote the right to health of the people and instill health
consciousness among them.
1ection )/. 8he 1tate shall protect and advance the right of the people to a balanced and healthful ecology
in accord with the rhythm and harmony of nature.
&& 9posa vs. Factoran. 4.<. *o. ).).?; @uly ;., )AA;.
8he complaint focuses on one specific fundamental legal right B the right to a balanced and healthful
ecology which, for the first time in our nationCs constitutional history, is solemnly incorporated in the
fundamental law. 1ection )/, rticle II of the )A?D "onstitution e#plicitly provides3
1ec. )/. 8he 1tate shall protect and advance the right of the people to a balanced and healthful
ecology in accord with the rhythm and harmony of nature.
8his right unites with the right to health which is provided for in the preceding section of the
same article3
1ec. )5. 8he 1tate shall protect and promote the right to health of the people and instill health
consciousness among them.
6hile the right to a balanced and healthful ecology is to be found under the !eclaration of %rinciples and
1tate %olicies and not under the +ill of <ights, it does not follow that it is less important than any of the
civil and political rights enumerated in the latter. S0"h ! ri<h 1elon<+ o ! )i**eren "!e<or# o* ri<h+
!lo<eher *or i "on"ern+ nohin< le++ h!n +el*=pre+erv!ion !n) +el*=perpe0!ion A !pl# !n)
*iin<l# +re++e) 1# he peiioner+ A he !)v!n"emen o* 9hi"h m!# even 1e +!i) o pre)!e !ll
<overnmen+ !n) "on+i0ion+. s a matter of fact, these basic rights need not even be written in the
"onstitution for they are assumed to e#ist from the inception of humankind. If they are now e#plicitly
mentioned in the fundamental charter, it is because of the well-founded fear of its framers that unless the
rights to a balanced and healthful ecology and to health are mandated as state policies by the "onstitution
itself, thereby highlighting their continuing importance and imposing upon the state a solemn obligation
to preserve the first and protect and advance the second, the day would not be too far when all else would
be lost not only for the present generation, but also for those to come B generations which stand to
inherit nothing but parched earth incapable of sustaining life.
The ri<h o ! 1!l!n"e) !n) he!lh*0l e"olo<# "!rrie+ 9ih i he "orrel!ive )0# o re*r!in *rom
imp!irin< he environmen. !uring the debates on this right in one of the plenary sessions of the )A?/
"onstitutional "ommission, the following e#change transpired between "ommissioner 6ilfrido
Eillacorta and "ommissioner dolfo (cuna who sponsored the section in question3
F<. EI=="9<83
!oes this section mandate the 1tate to provide sanctions against all forms of pollution B
air, water and noise pollutionG
F<. H"I*3
>es, Fadam %resident. 8he right to healthful ,sic0 environment necessarily carries with it
the correlative duty of not impairing the same and, therefore, sanctions may be provided
for impairment of environmental balance.
1$
J
8he said right implies, among many other things, the judicious management and conservation of the
countryCs forests. 6ithout such forests, the ecological or environmental balance would be irreversibly
disrupted.
B*Noe@ See !l+o Felipe Ysmael, Jr. & Co., Inc. vs. Deputy Executive SecretaryC
8imber licenses, permits and license agreements are the principal instruments by which the 1tate
regulates the utili(ation and disposition of forest resources to the end that public welfare is
promoted. nd it can hardly be gainsaid that they merely evidence a privilege granted by the
1tate to qualified entities, and do not vest in the latter a permanent or irrevocable right to the
particular concession area and the forest products therein. The# m!# 1e v!li)l# !men)e)?
mo)i*ie)? repl!"e) or re+"in)e) 1# he Chie* E/e"0ive 9hen n!ion!l inere++ +o reD0ire.
8hus, they are not deemed contracts within the purview of the due process of law clause
KSee 1ections ;,ee0 and -. of %res. !ecree *o. D.5, as amended. Also, 8an v. !irector of
Forestry, 4.<. *o. =--J5J?, 9ctober -D, )A?;, )-5 1"< ;.-L.
ARTICLE EII
NATIONAL ECONOMF AND PATRIMONF
1ection -. ll lands of the public domain, waters, minerals, coal, petroleum, and other mineral oils, all
forces of potential energy, fisheries, forests or timber, wildlife, flora and fauna, and other natural
resources are owned by the 1tate. 6ith the e#ception of agricultural lands, all other natural resources shall
not be alienated. The e/plor!ion? )evelopmen? !n) 0ili3!ion o* n!0r!l re+o0r"e+ +h!ll 1e 0n)er
he *0ll "onrol !n) +0pervi+ion o* he S!e. The S!e m!# )ire"l# 0n)er!6e +0"h !"iviie+? or i
m!# ener ino "o=pro)0"ion? 8oin ven0re? or pro)0"ion=+h!rin< !<reemen+ 9ih ;ilipino
"ii3en+? or "orpor!ion+ or !++o"i!ion+ ! le!+ +i/# per "en0m o* 9ho+e "!pi!l i+ o9ne) 1# +0"h
"ii3en+. 1uch agreements may be for a period not e#ceeding twenty-five years, renewable for not more
than twenty-five years, and under such terms and conditions as may be provided by law. In cases of water
rights for irrigation, water supply fisheries, or industrial uses other than the development of water power,
beneficial use may be the measure and limit of the grant.
8he 1tate shall protect the nationCs marine wealth in its archipelagic waters, territorial sea, and e#clusive
economic (one, and reserve its use and enjoyment e#clusively to Filipino citi(ens.
8he "ongress may, by law, allow small-scale utili(ation of natural resources by Filipino citi(ens, as well
as cooperative fish farming, with priority to subsistence fishermen and fish- workers in rivers, lakes, bays,
and lagoons.
The Pre+i)en m!# ener ino !<reemen+ 9ih *orei<n=o9ne) "orpor!ion+ involvin< eiher
e"hni"!l or *in!n"i!l !++i+!n"e *or l!r<e=+"!le e/plor!ion? )evelopmen? !n) 0ili3!ion o*
miner!l+? perole0m? !n) oher miner!l oil+ !""or)in< o he <ener!l erm+ !n) "on)iion+ provi)e)
1# l!9? 1!+e) on re!l "onri10ion+ o he e"onomi" <ro9h !n) <ener!l 9el*!re o* he "o0nr#. In
such agreements, the 1tate shall promote the development and use of local scientific and technical
resource.
8he %resident shall notify the "ongress of every contract entered into in accordance with this provision,
within thirty days from its e#ecution.
1ection J. 8he "ongress shall, as soon as possible, determine, by law, the specific limits of forest lands
and national parks, marking clearly their boundaries on the ground. 8hereafter, such forest lands and
national parks shall be conserved and may not be increased nor diminished, e#cept by law. 8he "ongress
5
shall provide for such period as it may determine measures to prohibit logging in endangered forests and
watershed areas.
1ection /. 8he 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 organi(ations, shall have the right to own, establish, and operate economic enterprises, subject
to the duty of the 1tate to promote distributive justice and to intervene when the common good so
demands.
PRESIDENTIAL DECREE No. 1151
P2ILIPPINE ENVIRONMENTAL POLICF
6':<:1, the individual and, at times, conflicting, demands of population growth, urbani(ation, industrial
e#pansion, rapid natural resources utili(ation and increasing technological advances have resulted in a
piecemeal-approach concept of environmental protection$
6':<:1, such tunnel-vision concept is not conducive to the attainment of an ideal environmental situation
where man and nature can thrive in harmony with one another$ and
6':<:1, there is now an urgent need to formulate an intensive, integrated program of environmental
protection that will bring about a concerted effort towards the protection of the entire spectrum of the
environment through a requirement of environmental impact assessments and statements3
*96, 8':<:F9<:, I, F:<!I**! :. F<"91, %resident of the %hilippines, by virtue of the powers
vested in me by the "onstitution, do hereby order and decree3
Se"ion 1. Policy. It is hereby declared a continuing policy of the 1tate ,a0 to create, develop, maintain and
improve conditions under which man and nature can thrive in productive and enjoyable harmony with each
other, ,b0 to fulfill the social, economic and other requirements of present and future generations of Filipinos,
and ,c0 to insure the attainment of an environmental quality that is conducive to a life of dignity and well-
being.
Se"ion $. Goal. In pursuing this policy, it shall be the responsibility of the 4overnment, in cooperation with
concerned private organi(ations and entities, to use all practicable means, consistent with other essential
considerations of national policy, in promoting the general welfare to the end that the *ation may ,a0
recogni(e, discharge and fulfill the responsibilities of each generation as trustee and guardian of the
environment for succeeding generations, ,b0 assure the people of a safe, decent, healthful, productive and
aesthetic environment, ,c0 encourage the widest e#ploitation of the environment without degrading it, or
endangering human life, health and safety or creating conditions adverse to agriculture, commerce and
industry, ,d0 preserve important historic and cultural aspects of the %hilippine heritage, ,e0 attain a rational and
orderly balance between population and resource use, and ,f0 improve the utili(ation of renewable and non-
renewable resources.
/
Se"ion ,. Right to a Healthy Environment. In furtherance of these goals and policies, the 4overnment
recogni(es the right of the people to a healthful environment. It shall be the duty and responsibility of each
individual to contribute to the preservation and enhancement of the %hilippine environment.
Se"ion -. Environmental Impact Statements. %ursuant to the above enunciated policies and goals, all agencies
and instrumentalities of the national government, including government-owned or controlled corporations, as
well as private corporations firms and entities shall prepare, file and include in every action, project or
undertaking which significantly affects the quality of the environment a detail statement on
,a0 the environmental impact of the proposed action, project or undertaking
,b0 any adverse environmental effect which cannot be avoided should the proposal be implemented$
,c0 alternative to the proposed action$
,d0 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
,e0 whenever a proposal involves the use of depletable or non-renewable resources, a finding must be
made that such use and commitment are warranted.
+efore an environmental impact statement is issued by a lead agency, all agencies having jurisdiction over, or
special e#pertise on, the subject matter involved shall comment on the draft environmental impact statement
made by the lead agency within thirty ,;.0 days from receipt of the same.
Se"ion 5. Agency Guidelines. 8he different agencies charged with environmental protection as enumerated in
=etter of Instruction *o. J-- shall, within si#ty ,/.0 days from the effectivity of this !ecree, submit to the
*ational :nvironmental %rotection "ouncil ,*:%"0, their respective guidelines, rules and regulations to carry
out the provisions of 1ec. J hereof on environmental impact assessments and statements.
Se"ion &. Repealing Clause. ll cts, %residential !ecrees, e#ecutive orders, rules and regulations or parts
thereof which are inconsistent with the provisions of this !ecree are hereby repealed, amended or modified
accordingly.
Se"ion (. Effectivity. 8his !ecree shall take effect immediately.
!one in the "ity of Fanila this /th day of @une in the year of 9ur =ord, nineteen hundred and seventy-nine.
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PRESIDENTIAL DECREE No. 115$
P2ILIPPINE ENVIRONMENTAL CODE
6':<:1, the broad spectrum of environment has become a matter of vital concern to the government$
6':<:1, the national leadership has taken a step towards this direction by creating the *ational
:nvironmental %rotection "ouncil under %residential !ecree *o. ))-)$
6':<:1, it is necessary that the creation of the "ouncil be implemented with the launching of a
comprehensive program of environmental protection and management$
6':<:1, such a program can assume tangible and meaningful significance only by establishing specific
environment management policies and prescribing environment quality standards in a %hilippine :nvironment
"ode3
*96, 8':<:F9<:, I, F:<!I**! :. F<"91, %resident of the <epublic of the %hilippines, by virtue of
the powers vested in me by the "onstitution, do hereby order and decree3
Se"ion 1. Short Title. 8his !ecree shall be known and cited as the M%hilippine :nvironment "ode.M
TITLE I
AIR GHALITF MANA:EMENT
Se"ion $. Purposes. 8he purposes of this 8itle are3
,a0 to achieve and maintain such levels of air quality as to protect public health$ and
D
,b0 to prevent to the greatest e#tent practicable, injury andNor damage to plant and animal life and
property, and promote the social and economic development of the country.
Ch!per I
S!n)!r)+
Se"ion ,. Amient Air !uality Standards. 8here shall be established ambient air quality standards which shall
prescribe the ma#imum 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.
Se"ion -. "ational Emission Standards. 8here shall be established national emission standards for new and
e#isting stationary and mobile sources of pollution which shall consider among others such factors as type of
industry, practicable control technology available, location and land use, and the nature of pollutants emitted.
Se"ion 5. Community "oise Standards. ppropriate standards for community noise levels shall be established
considering, among others, location, (oning and land use classification.
Se"ion &. Standards for "oise#Producing E$uipment. 8here 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. 8he 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.
8he Installation of any noise-producing equipment shall conform with the requirements of %residential !ecree
*o. ).A/ and other applicable laws as well as their implementing rules and regulations.
Se"ion (. Aircraft Emission and Sonic %ooms. ppropriate government agencies shall encourage research
studies on the harmful effects of aircraft emissions in the environment in order to establish permissible
emission standards.
<esearch and studies shall also be undertaken to mitigate andNor minimi(e the effects of sonic booms in the
environment.
Ch!per II
Re<0l!ion !n) En*or"emen
Se"ion %. Air !uality and "oise Standards. 8he *ational %ollution "ontrol "ommission 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 air
pollution control facilities, and the promulgation of appropriate rules and regulations.
:#isting air quality emission and noise standards may be revised andNor modified consistent with new
development and technology.
Se"ion .. Aircraft "oise. "ommunity noise standards around airports shall be implemented by the "ivil
eronautics dministration in coordination with the *ational %ollution "ontrol "ommission.
Se"ion 1'. &ehicular Emissions. 8he =and 8ransportation "ommission, in coordination with the *ational
%ollution "ontrol "ommission, shall implement emission standards for motor vehicles and may deputi(e other
appropriate law enforcement agencies for the purpose.
Se"ion 11. Radioactive Emissions. 8he release and emission of radioactivity into the environment incident to
the establishment or possession of nuclear energy facilities and radioactive materials, handling, transport,
production, storage, use and disposal of radioactive materials shall be regulated by the %hilippine tomic
:nergy "ommission in coordination with other appropriate government agencies.
Ch!per III
Moniorin<
Se"ion 1$. Air !uality 'onitoring. 8he *ational %ollution "ontrol "ommission, in coordination with
appropriate government agencies, shall establish to the greatest e#tent practicable an air quality monitoring
network. 1uch air quality monitoring network shall put to ma#imum use the capabilities of these agencies.
8he *ational :nvironmental %rotection "ouncil shall be furnished with the results of air quality monitoring
activities.
?
Se"ion 1,. (eather 'odification. 8he %hilippine tmospheric, 4eophysical and stronomical 1ervices
dministration shall monitor regularly meteorological factors affecting environmental conditions in order to
effectively guide air pollution monitoring activities.
ctivities relating to weather modification such as rainfall stimulation and storm seeding e#periments shall be
undertaken in consultation andNor in coordination with the %hilippine tmospheric, 4eophysical and
stronomical 1ervice dministration.
TITLE II
WATER GHALITF MANA:EMENT
Se"ion 1-. Purpose. It is the purpose of this 8itle to prescribe management guidelines aimed to protect and
improve the quality of %hilippine water resources through3
,a0 classification of %hilippine waters$
,b0 establishment of water quality standards$
,c0 protection and improvement of the quality of the %hilippine water resources, and
,d0 responsibilities for surveillance and mitigation of pollution incidents.
Ch!per I
Cl!++i*i"!ion !n) S!n)!r)+
Se"ion 15. Classification of Philippine (aters. 8he *ational %ollution "ontrol "ommission, in coordination
with appropriate government agencies, shall classify %hilippine waters, according to their best usage. In
classifying said waters, the *ational %ollution "ontrol "ommission shall take into account, among others, the
following3
,a0 the e#isting quality of the body of water at the time of classification$
,b0 the si(e, depth, surface area covered, volume, direction, rate of flow, gradient of stream$ and
,c0 the most beneficial uses of said bodies of water and lands bordering them for residential,
agricultural, commercial, industrial, navigational, recreational, and aesthetic purposes.
Se"ion 1&. Reclassification of (aters %ased on Intended %eneficial )se. 6here the public interest so requires,
the *ational %ollution "ontrol "ommission, in coordination with appropriate government agencies, shall
reclassify a body of water based on the intended beneficial use and take such steps as may be necessary to
upgrade the quality of said water. 9ther government agencies may adopt higher standards for a particular body
of water, subject to the approval of the *ational %ollution "ontrol "ommission.
Se"ion 1(. )pgrading of (ater !uality. 6here 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 meet the prescribed water quality standards.
Se"ion 1%. (ater !uality Standards. 8he *ational %ollution "ontrol "ommission shall prescribe quality and
effluent standards consistent with the guidelines set by the *ational :nvironmental %rotection "ouncil and the
classification of waters prescribed in the preceding sections, taking into consideration, among others, the
following3
,a0 the standard of water quality or purity may vary according to beneficial uses$ and
,b0 the technology relating to water pollution control.
Ch!per II
Proe"ion !n) Improvemen o* W!er G0!li#
Se"ion 1.. Enforcement and Coordination. 8he production, utili(ation, storage and distribution of ha(ardous,
to#ic and other substances such as radioactive materials, heavy metals, pesticides, fertili(ers, 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 %hilippines resulting from normal operations of industries, water-borne sources, and
other human activities 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
A
performance of the above functions, the government agencies concern shall coordinate with the *ational
:nvironmental %rotection "ouncil and furnish the latter with such information as may be necessary to enable it
to attain its objectives under %residential !ecree *o. ))-).
Se"ion $'. Clean#up *perations. It shall be the responsibility of the polluter to contain, remove and clean up
water pollution incidents at his own e#pense. In case of his failure to do so, the government agencies
concerned shall undertake containment, removal and clean-up operations and e#penses incurred in said
operations shall be charged against the persons andNor entities responsible for such pollution.
Se"ion $1. (ater !uality 'onitoring and Surveillance. 8he various government agencies concerned with
environmental protection shall establish to the greatest e#tent practicable a water quality surveillance and
monitoring network with sufficient stations and sampling schedules to meet the needs of the country. 1aid
water quality surveillance network shall put to ma#imum use the capabilities of such government agencies.
:ach agency involved in such network shall report to the *ational :nvironmental %rotection "ouncil the
results of these monitoring activities as the need arises.
TITLE III
LAND HSE MANA:EMENT
Se"ion $$. Purpose. 8he purposes of this 8itle are3
,a0 to provide a rational, orderly and efficient acquisition, utili(ation and disposition of land and its
resources in order to derive therefrom ma#imum benefits$ and
,b0 to encourage the prudent use and conservation of land resources in order to prevent and imbalance
between the nationCs needs and such resources.
Se"ion $,. "ational +and )se Scheme. 8he 'uman 1ettlements "ommission, in coordination with the
appropriate agencies of the government, shall formulate and recommend to the *ational :nvironmental
%rotection "ouncil a land use scheme consistent with the purpose of this 8itle.
8he =and Ise 1cheme shall include among others, the following3
,a0 a science-based and technology-oriented land inventory and classification system$
,b0 a determination of present land uses, the e#tent to which they are utili(ed, underutili(ed, rendered
idle or abandoned$
,c0 a comprehensive and accurate determination of the adaptability of the land for community
development, agriculture, industry, commerce and other fields of endeavor$
,d0 a method of identification of areas where uncontrolled development could result in irreparable
damage to important historic, cultural, or aesthetic values, or natural systems or processes of national
significance$
,e0 a method for e#ercising control by the appropriate government agencies over the use of land in
areas of critical environmental concern and areas impacted by public facilities including, but not
limited to, airports, highways, bridges, ports and wharves, buildings and other infrastructure projects$
,f0 a method to ensure the consideration of regional development and land use in local regulations$
,g0 policy for influencing the location of new communities and methods for assuring appropriate
controls over the use of land around new communities$
,h0 a system of controls and regulations pertaining to areas and development activities designed to
ensure that any source of pollution will not be located where it would result in a violation of any
applicable environmental pollution control regulations$ and
,i0 a recommended method for the periodic revisions and updating of the national land use scheme to
meet changing conditions.
).
Se"ion $-. +ocation of Industries. In the location of industries, factories, plants, depots and similar industrial
establishments, the regulating or enforcing agencies of the government shall take into consideration the social,
economic, geographic and significant environmental impact of said establishments.
TITLE IV
NATHRAL RESOHRCES MANA:EMENT AND CONSERVATION
Se"ion $5. Purposes. 8he purposes of this 8itle are3
,a0 to provide the basic policy on the management and conservation of the countryCs natural resources
to obtain the optimum benefits therefrom and to preserve the same for the future generations$ and
,b0 to provide general measures through which the aforesaid policy may be carried out effectively.
Ch!per I
;i+herie+ !n) AD0!i" Re+o0r"e+
Se"ion $&. 'anagement Policy. 8he *ational government, through the !epartment of *atural <esources,
shall establish a system of rational e#ploitation of fisheries and aquatic resources within the %hilippine territory
and shall encourage citi(en participation therein to maintain andNor enhance the optimum and continuous
productivity of the same.
Se"ion $(. 'easures for "ational E,ploitation. Feasures for the national e#ploitation of fisheries and other
aquatic resources may include, but shall not be limited to, the following3
,a0 undertaking manpower and e#pertise development$
,b0 acquiring the necessary facilities and equipment$
,c0 regulating the marketing of threatened species of fish or other aquatic resources$
,d0 reviewing all e#isting rules and regulations on the e#ploitation of fisheries and aquatic resources
with a view of formulating guidelines for the systematic and effective enforcement thereof$ and
,e0 conserving the vanishing species of fish 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 fish and other aquatic life.
Ch!per II
Wil)li*e
Se"ion $%. 'anagement Policy. 8he national government through the !epartment of *atural <esources, shall
establish a system of rational e#ploitation and conservation of wildlife resources and shall encourage citi(en
participation in the maintenance andNor enhancement of their continuous productivity.
Se"ion $.. 'easures for Rational E,ploitation. Feasures for rational e#ploitation of wildlife resources may
include, but shall not be limited to, the following3
,a0 regulating the marketing of threatened wildlife resources.
,b0 reviewing all e#isting rules and regulations on the e#ploitation of wildlife resources with a view of
formulating guidelines for the systematic and effective enforcement thereof$ and
,c0 conserving the threatened species of fauna, increasing their rate of reproduction, maintaining their
original habitat, habitat manipulation, determining bagNcreel limits, population control in relation to
the carrying capacity of any given area, banning of indiscriminate andNor destructive means of
catching or hunting them.
Ch!per III
;ore+r# !n) Soil Con+erv!ion
Se"ion ,'. 'anagement Policy for -orestry. 8he national government, through the !epartment of *atural
<esources, shall undertake a system of rational e#ploitation of forest resources and shall encourage citi(en
participation therein to keep the countryCs forest resources at ma#imum productivity at all time.
))
Se"ion ,1. 'easures for Rational E,ploitation of -orest Resources. Feasures for the rational e#ploitation of
forest resources may include, but shall not be limited to, the following3
,a0 regulating the marketing of threatened forest resources$
,b0 reviewing all e#isting rules and regulations on the e#ploitation of forest resources with a view of
formulating guidelines for the systematic and efficient enforcement thereof$
,c0 conserving threatened species of flora as well as increasing their rate of propagation$ the banning
of destructive modes of e#ploitation, kaingin making or shifting cultivation, indiscriminate harvesting
of minor forest products the recycling methods of waste materials, and
,d0 carrying out a continuing effect on reforestation$ timber stand improvement$ forest protection$ land
classification$ forest occupancy management$ agri-silviculture$ range management$ agri-
silviculturalNkaingin management$ industrial tree plantation$ parks and wildlife management$ multiple
use forest$ timber management and forest research.
Se"ion ,$. )se of -ertili.ers and Pesticides. 8he use of fertili(ers and pesticides in agriculture shall be
regulated prescribing therefor a tolerance level in their use. 8heir use shall be monitored by appropriate
government agencies to provide empirical data for effective regulation.
Se"ion ,,. 'anagement Policy on Soil Conservation. 8he national government, through the !epartment of
*atural <esources and the !epartment of griculture, shall likewise undertake a soil conservation program
including therein the identification and protection of critical watershed areas, encouragement of scientific
farming techniques, physical and biological means of soil conservation, and short-term and long-term
researches and technology for effective soil conservation.
Ch!per IV
;loo) Conrol !n) N!0r!l C!l!miie+
Se"ion ,-. 'easures in -lood Control Program. In addition to the pertinent provisions of e#isting laws, the
following shall be included in a soil erosion, sediment and flood control program$
,a0 the control of soil erosion on the banks of rivers, the shores of lakes, and the seashores$
,b0 the control of flow and flooding in and from rivers and lakes$
,c0 the conservation of water which, for purposes of this 1ection shall mean forms of water, but shall
not include captive water$
,d0 the needs of fisheries and wildlife and all other recreational uses of natural water$
,e0 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
,f0 measures to stimulate research in matters relating to natural water and soil conservation and the
application of knowledge thereby acquired.
Se"ion ,5. 'easures to 'itigate /estructive Effects of Calamities. 8he national government, through the
%hilippine tmospheric, 4eophysical and stronomical 1ervices dministration, shall promote intensified and
concerted research efforts on weather modification, typhoon, earthquake, tsunami, storm surge, and other
tropical natural phenomena in order to bring about any significant effect to mitigate or prevent their destructive
effects.
Ch!per V
Ener<# Developmen
Se"ion ,&. Policy. "onsistent with the environmental protection policies, the national government, through the
:nergy !evelopment +oard, shall undertake an energy development program encouraging the utili(ation of
invariant sources such as solar, wind and tidal energy.
Se"ion ,(. 'easures for Energy /evelopment. Feasures for energy development program may include, but
shall not be limited to, the following3
)-
,a0 setting up of pilot plants utili(ing invariant sources of energy$
,b0 training of technical personnel for purposes of energy development$ and
,c0 conducting researches aimed at developing technology for energy development.
Se"ion ,%. Safety 'easures on Energy /evelopment. <ules 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 e#ploring and utili(ing geothermal energy, whether owned or controlled by private or government
entities shall3
,a0 observe internationally accepted standards of safety$ and
,b0 provide safety devices to ensure the health and welfare of their personnel as well as the
surrounding community.
Ch!per VI
Con+erv!ion !n) Hili3!ion o* S0r*!"e !n) :ro0n) W!er+
Se"ion ,.. 'anagement Policy. In addition to e#isting laws, the national government through the *ational
6ater <esources "ouncil in coordination with other appropriate government agencies, shall prescribe
measures for the conservation and improvement of the quality of %hilippine water resources and provide for
the prevention, control and abatement of water pollution.
Ch!per VII
Miner!l Re+o0r"e+
Se"ion -'. 'anagement Policy. - 8he national government, through the !epartment of *atural <esources,
shall undertake a system of gainful e#ploitation and rational and efficient utili(ation of mineral resources and
shall encourage citi(en participation in this endeavor.
Se"ion -1. 'easures for E,ploitation and )tili.ation of 'ineral Resources. Feasures for the gainful
e#ploitation and rational and efficient utili(ation of such mineral resources may include, but shall not be
limited to the following3
,a0 increasing research and development in mineral resources technology$
,b0 training of additional technical manpower needed in geology, geophysics, mining engineering, and
related fields$
,c0 regulating the e#ploitation of identified mineral reserves$
,d0 accelerating the e#ploration of undiscovered mineral deposits$ and
,e0 encouraging the establishment of processing plants for refined metals.
TITLE V
WASTE MANA:EMENT
Se"ion -$. Purpose. 8he purposes of this 8itle are3
,a0 to set guidelines for waste management with a view to ensuring its effectiveness$
,b0 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 wastes and waste products$ and
,c0 to provide measures to guide and encourage appropriate government agencies in establishing
sound, efficient, comprehensive and effective waste management.
Ch!per I
En*or"emen !n) :0i)eline+
Se"ion -,. (aste 'anagement Programs. %reparation and implementation of waste management program
shall be required of all provinces, cities and municipalities. 8he !epartment of =ocal 4overnment and
"ommunity !evelopment shall promulgate guidelines for the formulation and establishment of waste
management programs.
);
:very waste management program shall include the following3
,a0 an orderly system of operation consistent with the needs of the area concerned$
,b0 a provision that the operation will not create pollution of any kind or will constitute public
nuisance$
,c0 a system for a safe and sanitary disposal of waste$
,d0 a provision that e#isting plans affecting the development, use and protection of air, water or natural
resources shall be considered$
,e0 schedules and methods of implementing the development, construction and operation of the plan
together with the estimated costs$ and
,f0 a provision for the periodic revision of the program to ensure its effective implementation.
Se"ion --. <esponsibility of =ocal 4overnments. :ach 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 government shall
provide the necessary subsidy, to local governments upon request made through the *ational :nvironmental
%rotection "ouncil and subject to such terms and conditions as the latter may provide.
Ch!per II
Meho)+ o* Soli) W!+e Di+po+!l
Se"ion -5. Solid (aste /isposal. 1olid 6aste disposal shall be by sanitary landfill, incineration, composing,
and other methods as may be approved by competent government authority.
Se"ion -&. Sanitary +andfills. =ocal governments, including private individuals, corporations or organi(ations
may operate one or more sanitary landfills. ny entity proposing to operate a sanitary landfill shall submit to
the appropriate government agency an operational work plan showing, among other 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 shall landfill or work locations under this 1ection
be located along any shore or coastline, or along the banks of rivers and streams. lakes throughout their entire
length, in violation of any e#isting rules and regulations.
Se"ion -(. Incineration and Composting Plants. 8he installation and establishment of incineration or
composting plants, or the alterationNmodification of any part thereof shall be regulated by the local
governments concerned in coordination with the *ational %ollution "ontrol "ommission.
Se"ion -%. /isposal Sites. 8he location of solid waste disposal sites shall conform with e#isting (oning$ land
use standards, and pollution control regulations.
Se"ion -.. /umping into the Sea and *ther "avigale (aters. 8he dumping or disposal of solid wastes into
the sea and any body of water in the %hilippines, including shorelines and river banks, where these wastes are
likely to be washed into the water is prohibited. 'owever, dumping of solid wastes or other materials into the
sea or any navigable waters shall be permitted in case of immediate or imminent danger to life and property,
subject to the rules and regulations of the %hilippine "oast 4uard and the *ational %ollution "ontrol
"ommission.
4overnment agencies and private entities which 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.
Ch!per III
Meho)+ o* LiD0i) W!+e Di+po+!l
Se"ion 5'. +i$uid (aste /isposal. 6astewater from manufacturing plants, industries, community, or domestic
sources shall be treated either physically, biologically or chemically prior to disposal in accordance with the
rules and regulations promulgated by proper government authority.
Se"ion 51. Applicaility of Sec. 0. 8he provisions of 1ec. ? hereof shall likewise apply to the dumping or
disposal of liquid waste into the sea and other bodies of water.
TITLE VI
MISCELLANEOHS PROVISIONS
)J
Se"ion 5$. Population#Environment %alance. In the assessment of development projects, the *ational
:nvironmental %rotection "ouncil, hereinafter referred to in this 8itle as the M"ouncilM shall take into
consideration their effect on population with a view to achieving a rational and orderly balance between man
and his environment.
Se"ion 5,. Environmental Education. 8he !epartment of :ducation and "ulture shall integrate subjects on
environmental education in its school curricula at all levels. It shall also endeavor to conduct special
community education emphasi(ing the relationship of man and nature as well as environmental sanitation and
practices.
8he "ouncil and other government agencies implementing environmental protection laws in coordination with
public information agencies of the government shall undertake public information activities for the purpose of
stimulating awareness and encouraging involvement in environmental protection.
Se"ion 5-. Environmental Research. 8he "ouncil shall undertake andNor promote continuing studies and
research programs on environmental management and shall, from time to time, determine priority areas of
environmental research.
Se"ion 55. 'onitoring and /issemination of Environmental Information of -oreign *rigin. 8he "ouncil shall
keep itself informed of current environmental developments by obtaining information and literature from
foreign sources through the !epartment of Foreign ffairs, government agencies and other entities, both
domestic and foreign. 1uch information and literature shall be given the widest dissemination possible.
Se"ion 5&. Incentives. 8o operate the installation and the utili(ation of pollution control facilities, the
following incentives are hereby granted3
,a0 e#emption to the e#tent of fifty ,5.0 per cent of tariff duties and compensating ta# for the
importation of pollution control equipment, devices, spare parts and accessories for a period of five ,50
years from the effectivity of this !ecree subject to the conditions that will be imposed by the "ouncil.
,b0 a ta# credit equivalent to fifty ,5.0 per cent of the value of the compensating ta# and tariff duties
that would have been paid on the pollution control equipment, devices, spare parts and accessories had
these items been imported shall, within a period of seven ,D0 years from the effectivity of this !ecree
be given to the person or firm who or which purchases them from a domestic manufacturer, and
another ta# credit equivalent to twenty-five ,-50 per cent thereof shall be given to the said
manufacturer subject to such conditions as may be imposed by the "ouncil$ and
,c0 deductions equivalent to fifty ,5.0 per cent of the e#penses actually incurred on research projects
undertaken to develop technologies for the manufacture of pollution control equipment which have
been proven effective and commercially reproducible, from the ta#able income of the person or firm
actually undertaking such projects subject to the conditions that may be imposed by the "ouncil.
8he pollution control equipment, devices, spare parts and accessories acquired under this 1ection shall not be
sold, transferred or disposed of within five ,50 years from the date of acquisition without the prior approval of
the "ouncil otherwise the importer or purchaser shall pay twice the amount of the ta# e#emption or ta# credit
granted.
Se"ion 5(. -inancial Assistance1Grant. Financial assistanceNgrant for the study, design and construction of
environmental protection facilities especially for waste disposal in favor of cities, municipalities, small and
medium-scale industries may be granted on a case to case basis subject to such conditions as may be imposed
by the "ouncil.
Se"ion 5%. Participation of +ocal Government )nits and Private Individuals. It shall be the responsibility of
local government units as well as private individuals to actively participate in the environmental management
and protection programs of the government.
)5
Se"ion 5.. Preservation of Historic and Cultural Resources and Heritage. It shall be the duty of every person
to help preserve the historic and cultural resources of the country such as sites, structures, artifacts, documents,
objects, memorials and priceless trees.
Se"ion &'. Government *ffices Performing Environmental Protection -unctions. 4overnment agencies
vested by law to e#ercise environmental management powers, shall continue to function as such within their
respective jurisdictions. 8he "ouncil may, however, in the e#ercise of its powers and functions under
%residential !ecree *o. ))-), inquire into any action or issue of environmental significance.
Se"ion &1. Pulic Hearings. 8he "ouncil may, whenever it deems necessary, conduct public hearings on
issues of environmental significance.
Se"ion &$. /efinition of Terms. s used in this "ode3
,a0 2Amient Air !uality2 means the average atmospheric purity as distinguished from discharge
measurements taken at the source of pollution. It is the general amount of pollution present in a broad
area.
,b0 2Emission2 means the act of passing into the atmosphere an air contaminant, pollutant, gas stream
and unwanted sound from a known source.
,c0 2(ater !uality2 means the characteristics of water which define its use in terms of physical,
chemical and biological contents$ hence the quality of water for domestic use is different from
industrial use.
,d0 2(ater !uality Surveillance2 means a close and continuous supervision of the water quality to
detect development movements or changes in the characteristics of the water.
,e0 2(ater !uality Standard2 means a plan that is established by governmental authority as a program
for water pollution prevention and abatement. 1uch a standard may include water use classification
and the criteria to support the uses of the water.
,f0 2Effluent Standards2 means restrictions established to limit levels of concentration of physical,
chemical and biological constituents which are discharged from point sources.
,g0 2Clean#up *perations2 refers to activities conducted in removing the pollutants discharged or
spilled in water to restore it to pre-spill condition.
,h0 2Accidental Spills2 refers to spills of oil or other ha(ardous substances in water that result from
accidents involving the carriers of such substance such as collisions and grounding.
,i0 2Areas of Critical Environmental Concern2 are areas where uncontrolled development could result
in irreparable damage to important historic, cultural, or aesthetic values or natural systems or
processes of national significance.
,j0 2Ha.ardous Sustances2 means elements or compounds which when discharged in any quantity
present imminent or substantial danger to public health and welfare.
,k0 2Areas Impacted y Pulic -acilities2 refers to areas where the introduction of public facilities
may tend to induce development and urbani(ation of more than local significance or impact.
,l0 2Environmental Impact2 is the alteration, to any degree, of environmental conditions or the creation
of a new set of environmental conditions, adverse or beneficial, to be induced or caused by a proposed
project.
,m0 2Government Agencies2 refers to national, local and regional agencies and instrumentalities
including government-owned and controlled corporations.
TITLE VII
;INAL PROVISIONS
)/
Se"ion &,. Separaility of Provisions. If any provision of this "ode, or the application of such provisions to
any person or circumstance, is declared unconstitutional, the remainder of the "ode or the application of such
provision to other persons or circumstances shall not be affected by such declaration.
Se"ion &-. Effectivity. 8his "ode shall take effect upon its approval.
!one in the "ity of Fanila, this /th day of @une in the year of 9ur =ord, nineteen hundred and seventy-seven.
*** PRESIDENTIAL DECREE No. 15%&
S018e"@ ESTAILIS2IN: AN ENVIRONMENTAL IMPACT STATEMENT SFSTEM
INCLHDIN: OT2ER ENVIRONMENTAL MANA:EMENT RELATED MEASHRES AND ;OR
OT2ER PHRPOSES
W2EREAS? the pursuit of a comprehensive and integrated environmental protection program
necessitates the establishment and institutionali(ation of a system whereby the e#igencies of
socio-economic undertakings can be reconciled with the requirements of environmental quality$
W2EREAS, the regulatory requirements of :nvironmental Impact 1tatement and ssessment
instituted in pursuit of this national environmental protection program have to work into their full
regulatory and procedural details in a manner consistent with the goals of the program.
NOW? T2ERE;ORE? I? ;ERDINAND E. MARCOS? Pre+i)en o* he Philippine+, by virtue of the
powers vested in me by the "onstitution, do hereby order and declare3
1ection ). %olicy. - It is hereby declared the policy of the 1tate to attain and maintain a rational
and orderly balance between socio-economic growth and environmental protection.
Se"ion $. Environmen!l Imp!" S!emen S#+em. = There i+ here1# e+!1li+he) !n
Environmen!l Imp!" S!emen S#+em *o0n)e) !n) 1!+e) on he environmen!l imp!"
+!emen reD0ire)? 0n)er Se"ion - o* Pre+i)eni!l De"ree No. 1151? o* !ll !<en"ie+ !n)
in+r0men!liie+ o* he n!ion!l <overnmen? in"l0)in< <overnmen o9ne) or "onrolle)
"orpor!ion+? !+ 9ell !+ priv!e "orpor!ion+? *irm+ !n) eniie+ *or ever# propo+e) pro8e" !n)
0n)er!6in< 9hi"h +i<ni*i"!nl# !**e" he D0!li# o* he environmen.
Se"ion ,. Deermin!ion o* Le!) A<en"#. = The Minister o !uman Settlements or his designated
representative is hereby authori(ed to name the =ead gencies referred to in 1ection J of
%residential !ecree *o. ))5), which shall have jurisdiction to undertake the preparation of the
necessary environmental impact statements on declared environmentally critical projects and
areas. ll :nvironmental Impact 1tatements shall be submitted to the *ational :nvironmental
%rotection "ouncil for review and evaluation.
*Noe@ All Environmen!l Imp!" S!emen+ m0+ no9 1e *ile) 1e*ore he Environmen!l
M!n!<emen I0re!0 4EMI5 o* he Dep!rmen o* Environmen !n) N!0r!l Re+o0r"e+.
Se"ion -. Pre+i)eni!l Pro"l!m!ion o* Environmen!ll# Crii"!l Are!+ !n) Pro8e"+. - 8he
%resident of the %hilippines may, on his own initiative or upon recommendation of the *ational
:nvironmental %rotection "ouncil, by proclamation declare certain projects, undertakings or
areas in the country as environmentally critical. *o person, partnership or corporation shall
undertake or operate any such declared environmentally critical project or area without first
)D
securing an :nvironmental "ompliance "ertificate issued by the %resident or his duly authori(ed
representative. For the proper management of said critical project or area, the %resident may by
his proclamation reorgani(ed such government offices, agencies, institutions, corporations or
instrumentalities including the realignment of government personnel, and their specific functions
and responsibilities.
*Noe@ Se"ion ,4)5 o* he Implemenin< R0le+ !n) Re<0l!ion+ o* he Philippine
Environmen!l Imp!" S!emen 4EIS5 S#+em.
Environmen!l Compli!n"e Ceri*i"!e 4ECC5 = )o"0men i++0e) 1# he DENR7EMI !*er
! po+iive revie9 o* !n ECC !ppli"!ion? "eri*#in< h! 1!+e) on he repre+en!ion+ o* he
proponen? he propo+e) pro8e" o* 0n)er!6in< 9ill no "!0+e +i<ni*i"!n ne<!ive
environmen!l imp!". The ECC !l+o "eri*ie+ h! he proponen h!+ "omplie) 9ih !ll he
reD0iremen+ o* he EIS +#+em !n) h!+ "ommie) o implemen i+ !pprove)
Environmen!l M!n!<emen Pl!n. The ECC "on!in+ +pe"i*i" me!+0re+ !n) "on)iion+
h! he pro8e" proponen h!+ o 0n)er!6e 1e*ore !n) )0rin< he oper!ion o* ! pro8e"?
!n) in +ome "!+e+? )0rin< he pro8e"J+ !1!n)onmen ph!+e o mii<!e i)eni*ie)
environmen!l imp!"+.
For the same purpose as above, the Finistry of 'uman 1ettlements shall3 ,a0 prepare the proper
land or water use pattern for said critical project,s0 or area,s0$ ,b0 establish ambient
environmental quality standards$ ,c0 develop a program of environmental enhancement or
protective measures against calamitous factors such as earthquake, floods, water erosion and
others, and ,d0 perform such other functions as may be directed by the %resident from time to
time.
Se"ion 5. Environmen!ll# Non=Crii"!l Pro8e"+. - ll other projects,
undertakings and areas not declared by the %residents as environmentally critical shall be
considered as non#critical and shall not e re$uired to sumit an environmental impact
statement. 8he *ational :nvironmental %rotection "ouncil, thru the Finistry of 'uman
1ettlements may however require non-critical projects and undertakings to provide additional
environmental safeguards as it may deem necessary.
*Noe@ Se"ion ,4!5 o* he IRR *or he 4EIS5 S#+em@
Ceri*i"!e o* Non=Cover!<e= ! "eri*i"!ion i++0e) 1# he EMI "eri*#in< h! 1!+e) on he
+01mie) pro8e" )e+"ripion? he pro8e" i+ no "overe) 1# he EIS S#+em !n) i+ no reD0ire) o
+01mi !n Environmen!l Compli!n"e Ceri*i"!e 4ECC5.
Se"ion &. Se"re!ri!. - 8he *ational :nvironmental %rotection "ouncil is hereby authori(ed to
constitute the necessary secretariat which will administer the :nvironmental Impact 1tatement
1ystem and undertake the processing and evaluation of environmental impact statement.
Se"ion (. M!n!<emen !n) ;in!n"i!l A++i+!n"e. - 8he Finistry of 'uman 1ettlements is hereby
authori(ed to provide management and financial support to government offices and
instrumentalities placed under its supervision pursuant to this !ecree financed from its e#isting
)?
appropriation or from budgetary augmentation as the Finister of 'uman 1ettlements may deem
necessary.
Se"ion %. R0le+ !n) Re<0l!ion+. = 8he *ational :nvironmental %rotection "ouncil ,*Noe@ No9
EMI0 shall issue the necessary rules and regulations to implement this !ecree. For this purpose,
the *ational %ollution "ontrol "ommission may be availed of as one of its implementing arms,
consistent with the powers and responsibilities of the *ational %ollution "ontrol "ommission as
provided in %.!. *o. A?J.
Se"ion .. Pen!l# *or Viol!ion. = ny person, corporation or partnership found violating 1ection J of
this !ecree, or the terms and conditions in the issuance of the :nvironmental "ompliance
"ertificate, or of the standards, rules and regulations issued by the *ational :nvironmental
%rotection "ouncil pursuant to this !ecree shall be punished the suspension or cancellation of
hisNits certificate andNor a fine in an amount not to e#ceed fifty thousand pesos ,5.,......0 for
every violation thereof, at the discretion of the *ational :nvironmental %rotection "ouncil.
Se"ion 1'. Environmen!l Revolvin< ;0n). - %roceeds from the penalties prescribed in the
preceding 1ection A and other penalties imposed by the *ational %ollution "ontrol "ommission
as authori(ed in %.!. A?J shall be automatically appropriated into an :nvironment <evolving
Fund hereby created as an e#emption to %.!. D)) and %.!. )-;J. 8he fund shall be used
e#clusively for the operations of the *ational :nvironmental %rotection "ouncil and the *ational
%ollution "ontrol "ommission in the implementation of this !ecree. 8he rules and regulations
for the utili(ation of this fund shall be formulated by the Finistry of 'uman 1ettlements and
submitted to the %resident for approval.
Se"ion 11. Repe!lin< Cl!0+e. = 8he inter-agency dvisory "ouncil of the *ational %ollution "ontrol
"ommission created under 1ection J of %.!. A?J is hereby abolished and its powers and responsibilities
are forthwith delegated and transferred to the *ational :nvironmental %rotection "ouncil.
ll laws, decrees, e#ecutive orders, rules and regulations, inconsistent herewith are hereby
repealed, amended or modified accordingly.
Se"ion 1$. E**e"ivi# Cl!0+e. - 8his !ecree shall take effect immediately.
!9*: in the "ity of Fanila, this ))th day of @une in the year of 9ur =ord *ineteen
'undred and 1eventy-:ight.
,1gd.0 F:<!I**! :. F<"91
Pre+i)en o* he Philippine+
*Noe@ Se"ion & o* he IRR *or he EIS S#+em provi)e+ h! !n# p!r#? proponen or
oppo+in< p!r#? m!# *ile !n Appe!l 9ihin 15 )!#+ *rom re"eip o* he *in!l )e"i+ion on he
ECC !ppli"!ion. The !ppe!l m!# 1e 1!+e) on <r!ve !10+e o* )i+"reion or +erio0+ error+
in revie9 *in)in<.
De"i)in< A0hori# Where o *ile he !ppe!l
:F+ <egional 9ffice !irector 9ffice of the :F+ !irector
:F+ "entral 9ffice !irector 9ffice of the !:*< 1ecretary
)A
!:*< 1ecretary 9ffice of the %resident

1ection ?.-.-3 If no decision is made within the specified timeframe, the :""N"*" application
is deemed automatically approved and the approving authority shall issue the :"" or "*"
within five ,50 working days after the prescribed processing timeframe has lapsed. 'owever,
the :F+ may deny issuance of :"" if the proponent fails to submit required additional
information critical to deciding on the :""N"*" application, despite written request from
:F+ and despite an adequate period for the proponent to comply with the said requirement.
*** Pro"l!m!ion No. $1-&@ Pro"l!imin< Cer!in Are!+ An) T#pe+ O* Pro8e"+
A+ Environmen!ll# Crii"!l An) Wihin The S"ope O* The Environmen!l
Imp!" S!emen S#+em E+!1li+he) Hn)er Pre+i)eni!l De"ree No. 15%&.
BDECEMIER 1-? 1.%1L
"!E#E$S? it is the national policy to attain and maintain a rational and orderly balance between
socio-economic growth and environmental conservation and protection$
"!E#E$S3 there is an urgent need to bring about an intensive, integrated program of
environmental protection through a requirement of environmental impact assessments and
statements$
"!E#E$S, the environmental impact statement system established under %residential !ecree
*o. )5?/ calls for the proper management of environmentally critical area,
"!E#E$S? the pursuit of a comprehensive and integrated environmental protection program
necessitates the establishment and institutionali(ation of a system whereby the e#igencies of
socio-economic undertakings can be reconciled with the requirements of environmental
protection and conservation$
"!E#E$S, the national leadership mandates the establishment of such a system to regulate and
minimi(e the environmental impacts of projects and undertakings which may significantly affect
the quality of the environment in %residential !ecree *o. )5?/, and
"!E#E$S? in the effective implementation of such a system, there arises the need to identify
and declare certain projects determined to be environmentally critical.
%&", T!E#EF&#E? I? ;ERDINAND E. MARCOS? Pre+i)en o* he Philippine+, by virtue of the
powers vested in me by law, hereby proclaim the following areas and types of projects as environmentally
critical and within the scope of the :nvironmental Impact 1tatement 1ystem.
$. Environmentally Critical 'ro(ects
I. 2e!v# In)0+rie+
a.*on-ferrous metal industries
b. Iron and steel mills
c.%etroleum and petro-chemical industries including oil and gas
d. 1melting plants
-.
II. Re+o0r"e E/r!"ive In)0+rie+
a.Fajor mining and quarrying projects
b. Forestry projects
). =ogging
-. Fajor wood processing projects
;. Introduction of fauna ,e#otic-animals0 in publicNprivate forests
J. Forest occupancy
5.:#traction of mangrove products
/. 4ra(ing
c. Fishery %rojects
). !ikes for fishpond development projects
III. In*r!+r0"0re Pro8e"+
a. Fajor dams
b. Fajor power plants ,fossil-fuelled, nuclear fuelled, hydroelectric or geothermal0
c. Fajor reclamation projects
d. Fajor roads and bridges.
). Environmentally Critical $reas
). ll areas declared by law as national parks, watershed reserves, wildlife preserve and
sanctuaries$
-. reas set aside as aesthetic potential tourist spots$
;. reas which constitute the habitat for any endangered or threatened species of indigenous
%hilippine 6ildlife ,flora and fauna0$
J. reas of unique historic, archaeological , or scientific interests$
5. reas which are traditionally occupied by cultural communities or tribes$
/. reas frequently visited andNor hard-hit by natural calamities geologic ha(ards, floods,
typhoons, volcanic activity, etc.
D. reas with critical slopes$
?. reas classified as prime agricultural lands$
A. <echarged areas of aquifers$
).. 6ater bodies characteri(ed by one or any combination of the following conditions$$
a. tapped for domestic purposes$
b. within the controlled andNor protected areas declared by appropriate authorities$
c. which support wildlife and fishery activities.
)). Fangrove areas ### ### ###
*Noe@ No lon<er !ppli"!1le. See Se"ion .- o* RA %55'? he Philippine ;i+herie+ Co)e5
)-. "oral reef characteri(ed by one or any combination of the following conditions3
a. with 5.7 and above live coralline cover$
b. 1pawning and nursery grounds for fish$
c. 6hich act as natural breakwater of coastlines.
8his %roclamation shall take effect immediately.
-)
I% "IT%ESS "!E#E&F3 I have hereunto set my hand and caused the seal of the <epublic of the
%hilippines to be affi#ed.
!one in the "ity of Fanila, this )Jth day of !ecember, in the year of 9ur =ord, nineteen
hundred and eighty one.

4S:D.5 ;ERDINAND E. MARCOS
Pre+i)en o* he Philippine+
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