Discussions For October 12 2019

Discussions for October 12, 2019
PD 1152 - Philippine Environment Code
- enacted on June 6, 1977

- features:
1. Title 1 - Air Quality Management
Chapter I - Standards
Section 3. Ambient Air Quality Standards
Section 5. Community Noise Standards
Chapter II - Regulation and Enforcement
Section 8. Air Quality and Noise Standards
- National Pollution Control Commission (NPCC),
now, Environmental Management Bureau (EMB)
Section 10. Vehicular Emissions
Chapter III - Monitoring
Section 12. Air Quality Monitoring
Section 13. Weather Condition
- PAGASA - Philippine Atmospheric, Geophysical and
Astronomical Services Administration
2. Title 2 - Water Quality Management, now covered by, Water Code of

the Philippines (PD 1067)
Chapter I - Classification and Standards
Section 16. Reclassification of Waters Based on Intended
Beneficial Use
Chapter II - Protection and Improvement of Water Quality
Section 20. Clean-Up Operations
3. Title 3 - Land Use Management
4. Title 4 - Natural Resources Management and Conservation

Chapter I - Fisheries and Aquatic Resources
now covered by, Philippine Fisheries Code of 1998
(RA 8550)
- Department of Agriculture
Section 27. Measures for National Exploitation
Chapter II - Wildlife
- Department of Environment and Natural Resources
Chapter III - Forestry and Soil Conservation, now covered by,
Revised Forestry Code (PD 705)
- DENR
Chapter IV - Flood Control and Natural Calamities
- NDRRMC
Chapter V - Energy Development, now covered by, Department of
Energy thru the Department of Energy Act of 1992 (RA 7638)
Chapter VII - Mineral Resources, now covered by, Philippine
Mining Act of 1995 (RA 7942); People’s Small-Scale Mining Act of
1991 (RA 7076); and Coal Development Act of 1976 (PD 972)
5. Title 5 - Waste Management

Chapter I - Waste Management Programs
- DILG thru LGUs
Section 46. Sanitary Landfills
6. Title 6 - Miscellaneous Provisions
Discussion for October 19, 2019
PD 1151 - Philippine Environmental Policy
- enacted on June 6, 1977

To protect the right of the people to a healthy environment
Purpose through a requirement of environmental impact assessments
and statements
 Conflicting demands of population growth, urbanization, industrial

expansion, rapid natural resources utilization, and increasing
technological advances have resulted in a piecemeal-approach concept
of environmental protection.
 The tunnel-vision concept is not conducive to the attainment of an
ideal environmental situation where man and nature can thrive in
Overview harmony with one another.
 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 statements.
 Declares a continuing policy of the State (a) to create, develop,

maintain, and improve conditions under which man and nature can
thrive in productive and enjoyable harmony with each other, (b) to
fulfill the social, economic, and other requirements of present and
future generations of Filipinos, (c) to ensure the attainment of an
environmental quality that is conducive to a life of dignity and well
being
 In pursuing this policy , it shall be the responsibility of the government,
in cooperation of concerned private organizations 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
nation may (a) recognize, discharge, and fulfill the responsibilities of
each generation as trustee and guardian of the environment for the
succeeding generations, (b) assure the people of a safe, decent,
helpful, productive, and aesthetic environment, (c) encourage the
Features widest exploitation of the environment without degrading it, or
endangering human life, health, and safety or cr4eating conditions
adverse to agriculture, commerce, and industry, (d) preserve
important historic and cultural aspects of the Philippine heritage, (e)
attain a rational and orderly balance between population and resource
use, (f) improve the utilization of renewable and nonrenewable
resources.
 In furtherance of these goals and 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.
 Pursuant to the above enunciated policies and goals, all agencies and
instrumentalities of the national government, including all government
owned and controlled corporations as well as private corporations and
firms and entities shall prepare, file, and include in every action,
project, or undertaking which significantly affects the quality of the
environment a detailed statement on:
1. the environmental impact of the proposed action, project, or

undertaking;
2. any adverse environmental effect which cannot be avoided
should the proposal be implemented;
3. alternative to the proposed action;
4. 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
5. whenever a proposal involves the use of depletable or
nonrenewable resources, a finding must be made that such
use and commitment are warranted.
PD 1586 - Environmental Impact Statement System
- It aims to protect the environment despite the increasing demand of

natural resources and development to attain sustainability.
- Every proposed (1) environmentally-critical project or (2) project

located in environmentally-critical area shall prepare an
Environmental Impact Statement [EIS] (1) to justify why the project should be
implemented. (2) The EIS also contains the predicted impact which is most
likely to occur and affect the environment and the surrounding communities
as well. (3) Along with it are the proper mitigation or environmental measures
to minimize if not prevent the negative impact to the environment. (4) It also
covers the monitoring program for different environmental media such as air,
water, soil and development program for the existing community. Only after
and upon the approval of the Environmental Impact Statement,
shall the Environmental Compliance Certificate [ECC] be issued by
the Environmental Management Bureau [EMB].
- What are Environmentally-Critical Areas?

- those areas ranging from national parks to areas frequently exposed to
hazards, or areas that are historically interesting.
- Presidential Proclamation 2146 identified the following:
A. Environmentally Critical Areas

1. All areas declared by law as national parks, watershed reserves,
wildlife preserves and sanctuaries;
2. Areas set aside as aesthetic potential tourist spots;
3. Areas which constitute the habitat for any endangered or threatened

species of indigenous Philippine Wildlife (flora and fauna);
4. Areas of unique historic, archaeological, or scientific interests;
5. Areas which are traditionally occupied by cultural communities or

tribes;
6. Areas frequently visited and/or hard-hit by natural calamities

(geologic hazards, floods, typhoons, volcanic activity, etc.);
7. Areas with critical slopes;
8. Areas classified 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 purposes

b. within the controlled and/or protected areas declared by
appropriate authorities
c. which support wildlife and fishery 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 fishing grounds;
d. which act as natural buffers against shore erosion, strong winds
and storm floods;
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 fish;
c. which act as natural breakwater of coastlines.
- What are Environmentally-Critical Projects?

- these are projects or industries that have critical environmental impacts and
therefore need to undergo environmental impact assessments and need to acquire
Environmental Compliance Certificates [ECC] prior to implementation.
- Presidential Proclamation 2146 identified the following:
B. Environmentally Critical Projects
I. Heavy Industries
a. Non-ferrous metal industries

b. Iron and steel mills
c. Petroleum and petro-chemical industries including oil and gas
d. Smelting plants
II. Resource Extractive Industries
a. Major mining and quarrying projects

b. Forestry projects
1. Logging
2. Major wood processing projects
3. Introduction of fauna (exotic-animals) in public/private forests
4. Forest occupancy
5. Extraction of mangrove products
6. Grazing
c. Fishery Projects
1. Dikes for/and fishpond development projects
III. Infrastructure Projects
a. Major dams
b. Major power plants (fossil-fueled, nuclear fueled, hydroelectric or
geothermal)
c. Major reclamation projects
d. Major roads and bridges
IV. Golf Courses Projects
- Which agencies are concerned?
- Environmental Management Bureau of DENR - main agency in charge
- LGU - although LGU may not play a significant tole in the environmental
impact assessment system, it is important to monitor these projects in order to plan
for the appropriate location of these projects vis-a-vis residential and other land uses.
- LLDA -
- BFAR
Year of
Enactment and Enacted and Implemented in 1978
Implementation
To attain and maintain a rational and orderly balance

Purpose between socio-economic growth and environmental
protection
Control Area Nationwide
 The pursuit of a comprehensive and integrated environmental

protection program necessitates the establishment and
institutionalization of a system whereby the exigencies of
socio-economic undertakings can be reconciled with the requirements
of environmental quality
Overview  The regulatory requirements of Environmental Impact Statement and
Assessments 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
 Declared environmentally critical projects and areas are required to

obtain an Environmental Compliance Certificate before operation
 Environmentally Critical Projects includes heavy industries, resource
extractive industries, infrastructure projects, golf course projects
 Characteristics of Environmentally Critical Areas:
o Areas declared by law as natural parks, watershed reserves,

wildlife reserves, and sanctuaries
o Areas set aside as aesthetic, potential tourist spots
Features o Areas which constitute the habitat for any endangered or
threatened species of indigenous Philippine wildlife (flora and
fauna)
o Areas of unique historical, archeological, geological or
scientific interests
o Areas which are traditionally occupied by cultural
communities or tribes
o Areas frequently visited and/or hard hit by natural calamities
(geologic hazards, floods, typhoons, volcanic activity, etc.)
o Areas of critical slope
o Areas classified as prime agricultural lands
o Recharged areas of aquifers
o Waterbodies
o Mangrove areas
o Coral reefs
 Violators shall be punished by the suspension of cancellation of his/its
certificate and or fine for each violation
DENR Administrative Order No. 96-37
Sec. 3 Definition of Terms
For purposes of this Order, the following terms shall mean:
a. CENRO - the Community Environment and Natural Resources Office of

the Department of Environment and Natural Resources.
b. DENR - the Department of Environment and Natural Resources.
c. EIS Procedural Manual - a detailed guide on the procedures to be

observed by the parties involved in the EIS System. It shall include, among
others, guidelines on public participation and social acceptability, the EIS/IEE
review criteria, and scoping procedures.
d. EMB - the Environmental Management Bureau of the DENR.
e. EMPAS - the Environmental Management and Protected Areas Sector of

the DENR Regional Office.
f. Environmental Compliance Certificate (ECC) - the document issued

by the DENR Secretary or the Regional Executive Director certifying that
based on the representations of the proponent and the preparers, as reviewed
and validated by the EIARC, the proposed project or undertaking will not
cause a significant negative environmental impact; that the proponent has
complied with all the requirements of the EIS System and that the proponent
is committed to implement its approved Environmental Management Plan in
the Environmental Impact Statement or mitigation measures in the Initial
Environmental Examination.
g. Environmentally Critical Area (ECA) - an area that is environmentally

sensitive and is so listed under Presidential Proclamation (Pres. Proc.) No.
2146, Series of 1981 as well as other areas which the President of the
Philippines may proclaim as environmentally critical in accordance with
section 4 of P.D. No. 1586.
h. Environmentally Critical Project (ECP) - a project that has high
potential for significant negative environmental impact and is listed as such
under Pres. Proc. No. 2146, Series of 1981 and Pres. Proc. No. 803, Series of
1996, as well as other projects which the President may proclaim as
environmentally critical in accordance with Section 4 of P.D. 1586.
i. Environmental Guarantee Fund (EGF) - a fund that proponents required or

opting to submit an EIS shall commit to establish when an ECC is issued by
the DENR for projects or undertakings determined by the latter to pose
significant public risk to answer for damage to life, health, property, and the
environment caused by such risk, or requiring rehabilitation or restoration
measures.
j. Environmental Impacts - the probable effects or consequences of

proposed projects or undertakings on the physical, biological and
socioeconomic environment that can be direct or indirect, cumulative, and
positive or negative.
k. Environmental Impact Assessment (EIA) - the process of

predicting the likely environmental consequences of implementing projects or
undertakings and designing appropriate preventive, mitigating and
enhancement measures.
l. Environmental Impact Assessment Review Committee (EIARC)

- a body of independent technical experts and professionals of known
probity from various fields organized by the EMB/RED whose main tasks are
to evaluate the EIS and other documents related thereto, and make
appropriate recommendations to the EMB/RED regarding the issuance or
non-issuance of ECCs.
m. Environmental Impact Statement (EIS) - the document(s) of

studies on the environmental impacts of a project including the discussions
on direct and indirect consequences upon human welfare and ecological and
environmental integrity. The EIS may vary from project to project but shall
contain in every case all relevant information and details about the proposed
project or undertaking, including the environmental impacts of the project
and the appropriate mitigating and enhancement measures.
n. Environmental Impact Statement (EIS) System - the entire

process of organization, administration, and procedures institutionalized for
purposes of assessing the significance of the effects of any project or
undertaking on the quality of the physical, biological and socio-economic
environment, and designing appropriate preventive, mitigating and
enhancement measures.
o. Environmental Management Plan (EMP) - a section in the EIS

that details the prevention, mitigation, compensation, contingency and
monitoring measures to enhance positive impacts and minimize negative
impacts of a proposed project or undertaking.
p. Environmental Monitoring Fund (EMF) - a fund that proponents

required or opting to submit an EIS shall commit to establish when an ECC is
issued by the DENR for its project or undertaking, to be used to support the
activities of the multipartite monitoring team.
q. Environmental Risk Assessment (ERA) - the use of scientific methods

and information to define the probability and magnitude of potentially
adverse effects which can result from exposure to hazardous materials or
situations. r. Initial Environmental Examination (IEE) - the document
required of proponents describing the environmental impact of, and
mitigation and enhancement measures for, projects or undertakings located in
an ECA. The IEE shall replace the Project Description required under DAO
21, series of 1992.
s. Multipartite Monitoring Team (MMT) - a multi-sectoral team covered for

the primary purpose of monitoring compliance by the proponent with the ECC,
the EMP and applicable laws, rules and regulations.
t. PENRO - the Provincial Environment and Natural Resources Office of

the DENR.
u. Preparer - the proponent’s technical staff or a competent professional

group commissioned by the proponent to prepare the EIS/IEE and other
related documents.
v. Project or Undertaking - any activity, regardless of scale or magnitude,

which may have significant impact on the environment.
w. Proponent - any natural or juridical person intending to implement a

project or undertaking.
x. Public Participation - a transparent, gender sensitive, and

community-based process involving the broadest range of stakeholders,
commencing at the earliest possible stage of project design and development
and continuing until postassessment monitoring which aims to ensure social
acceptability of a project or undertaking.
y. Public Risk - exposure of public health or the environment to toxic

substances, hazardous or organic wastes, extraction of natural resources, or
activities or structures that could endanger life, health, property, or the
environment.
z. RED - the Regional Executive Director of the DENR Regional Office.

aa. Scoping - the stage in the EIS System where information and
assessment requirements are established to provide the proponent with the
scope of work for the EIS.
bb. Secretary - the Secretary of the DENR.
cc. Social Acceptability - the result of a process mutually agreed upon

by the DENR, key stakeholders, and the proponent to ensure that the valid
and relevant concerns of stakeholders, including affected communities, are
fully considered and/or resolved in the decision-making process for granting
or denying the issuance of an ECC.
dd. Stakeholders - persons who may be significant affected by the

project or undertaking, such as, but not limited to, members of the local
community, industry, local government units (LGUs), non-governmental
organizations (NGOs), and people’s organizations (POs).
Procedural Flow of the Environmental Impact Statement System

(EIS System)
For Environmentally Critical Projects:
1. Scoping
- initiated by the proponent at the earliest possible stage of project
development;
Objectives:
a. Provide an early link between the DENR and the proponent to ensure
that Environmental Impact Assessment (EIA) addresses relevant issues;
b. Allow stakeholders (significantly affected by the project or
undertaking, i.e. local community, industry, LGUs, NGOs and People’s
Organizations (POs);
c. Establish an agreement based from Environmental Impact
Assessment (EIA) between the proponent, the DENR and the stakeholders;
d. Address issues and identify possible legal constraints regarding the
project proposal;
e. Determine whether the project or undertaking requires the conduct of
an environmental risk assessment; and
f. Determine issues relating to social acceptability
2. Initial Identification of EIARC Members [Environmental

Impact Assessment Review Committee] (EIARC) - a body of
independent technical experts and professionals of known probity from
various fields organized by the EMB/RED whose main tasks are to evaluate
the EIS and other documents related thereto, and make appropriate
recommendations to the EMB/RED regarding the issuance or non-issuance of
ECCs.
3. Formal Scoping Report

- to be submitted to the EMB
4. Review of the Scoping Report by the EMB
5. Agreed-upon Scope
- basis for the EIA and the review of the EIS
6. Adjustment of Scope - if needed
7. Submission of EIS
- the proponent shall submit 10 copies of the EIS and e-copies to the EMB
for review.
- the proponent shall likewise furnish a copy of the EIS to the Offices of
the Undersecretary handling the environment, the concerned Regional
Executive Director, PENRO, CENRO, and the Municipality/City Mayor where
the project is proposed to be located.
8. Eligible Preparers - EIS may be prepared by the proponent’s technical

staff OR a professional group commissioned by the proponent which must be
duly-accredited by the EMB
9. Contents of the EIS********* FINALS

A. Project Description
B. Scoping Report
C. Baseline Environmental Condition for land, water, air, and people
D. Impact Assessment
E. Environmental Risk Assessment
F. Environmental Management Plan
G. Proposals for Environmental Monitoring and Guarantee Funds
H. Supporting Documents
I. Accountability Statements of the preparer and the proponent
J. Socio-Economic Impact Assessment, for indigenous communities to
address their concerns and its impact
K. Socio-Economic Impact Assessment, should there be significant
impact on women
L. Socio-Economic Impact Assessment, should there be significant
impact on population
10. Initial Review of EIS Documents - Upon receipt of the EIS, the EMB
shall immediately determine the completeness of the documents submitted. If
it need revision, the same shall be returned and revised accordingly.
11. Convening of, and Endorsement to, the EIARC - Within 15 days
from the date of submission of the EIS, the EMB shall convene the EIARC and
endorse the EIS to said body for substantive review.
12. Substantive Review by the EIARC - EIARC shall evaluate the EIS
based on the following criteria, but not limited to, ocular inspection/site visits
and technical studies conducted by experts. Review must be completed within
60 days from receipt of the EIS
13. EIARC Report - Within 15 days from completion of review, the EIARC
shall submit a report to the EMB Director containing the results of its
review/evaluation. The report shall contain the following:
A. Environmental impacts and corresponding costed mitigation and
enhancement measures of the project or undertaking;
B. Key issues/concerns;
C. Proponent’s response to issues;
D. Compliance with review criteria, technical/substantive content and
social acceptability requirements; and
E. The acceptability of the proposed EIS
14. Recommendation of the EMB Director - Within 15 days from receipt

of the EIARC report, the EMB Director shall make his or her own
recommendations to the Office of the Secretary (DENR) for final decision.
15. Issuance of ECC - Within 15 days from receipt of the report of the EMB
Director, unless circumstances warrant a longer period of time, the Secretary
shall either grant or deny the issuance of the ECC (Environmental Compliance
Certificate)
16. Transmittal of EIS Records and ECCs - In the event that an ECC is
issued, the Secretary shall cause the transmittal of the EIS, all pertinent
records and documents, and the ECC to the EMB within 10 days from the date
of such issuance. The following offices shall likewise be furnished a copy: (1)
Regional Executive Director of the DENR; (2) PENRO; (3) CENRO; (4) the
Municipality/City Mayor; and (5) the proponent.
For Projects within Environmentally Critical Area:
1. Submission of IEE (Initial Environmental Examination)

- the proponent shall submit at least 10 copies of the IEE and ecopies to
EMPAS (Environmental Management and Protected Areas Sector of the
DENR Regional Office), copy furnish to PENRO, CENRO, Municipality/City
Mayor
2. Eligible Preparers
- the IEE may be prepared by the proponent’s technical staff or a
professional group commissioned by the proponent, duly-accredited by the
EMB.
3. Contents of the IEE

A. Brief description of the environmental setting and receiving
environment;
B. Brief description of the project or undertaking and its process of
operation;
C. Brief description of the environmental impact of the project or
undertaking, including its socio-economic impact;
D. A matrix of mitigation and enhancement measure;
E. A documentation of the consultative process undertaken;
F. Brief discussion indigenous people’s concern, if the project or
undertaking is located in ancestral lands or domains;
G. Brief discussion of gender issues, if it impacts women;
H. Brief discussion on the relationship with the population;
I. Accountability Statements of the preparer and the proponent.
4. Review and evaluation of IEE

- Upon receipt of the IEE, the EMPAS shall conduct substantive review of
the IEE. If found to be incomplete or needs revision, the same shall be
returned to the proponent.
5. Substantive Review by the EMPAS

- Within 15 days from the date of submission, the EMPAS shall conduct
substantive review of the IEE, through, but not limited to, ocular
inspection/site visits, studies conducted by experts, which must be completed
within 30 days from receipt of the IEE.
6. EMPAS Report
- Within 15 days from completion of the review, the EMPAS shall submit a
report to the RED of the DENR. The EMPAS may recommend the issuance or
non-issuance of the ECC, OR the preparation of the EIS. Should the EMPAS
recommend the issuance of the ECC, the report must contain the following:
A. The environmental impacts and costed mitigation and
enhancement measures of the project;
B. Key issues/concerns;
C. Proponent’s response to issues;
D. Compliance with review criteria, technical/substantive content and
social acceptability requirements; and
E. Acceptability of the proposed project.
7. Decision of the IEE

- Within 15 days from receipt of the EMPAS report, unless circumstances
warrant a longer period, the RED may:
A. Either grant or deny the issuance of the ECC; or
B. Decide that an EIS is further required, in which case he or she shall
inform the proponent.
8. Issuance of ECC pursuant to Section 23, Article III

- In granting or denying the issuance of the ECC, the RED shall take into
consideration the social and environmental cost implications relative to the
judicious utilization, development and conservation of the country’s natural
resources.
9. Scoping
- Should the RED decide that an EIS is further required, he or she shall
likewise the determine whether the IEE process was sufficient for scoping
purposes or not
10. [Same procedure as #7, 10, 12, 13, 14, 15 of the Environmentally Critical
Projects]
11. Transmittal of the ECCs

- the RED shall provide a copy of the ECC within 10 days from the date of
such issuance to the following offices: (1) EMB; (2) PENRO; (3) CENRO; (4)
Municipality/ City Mayor
Ignacia Balicas vs. Fact-Finding and Intelligence Bureau, G.R. No. 145972,
March 23, 2004
- Cherry Hills Subdivision Landslide/Tragedy

- August 3, 1999; killed 58 people and buried more than 100 homes
- located in Antipolo City, Rizal
FACTS: In the development of the Cherry Hills Subdivision (CHS), Philjas applied
for the issuance of ECC from the DENR-Region IV
Respondent BALICAS, PENRO senior environmental management specialist,
monitored the implementation of the CHS Project Development to check compliance
with the terms and conditions in the ECC. She conducted another monitoring on the
project for the same purpose. In both instances, she noted that the project was still in
the construction stage hence, compliance with the stipulated conditions could not be
fully assessed, and therefore, a follow-up monitoring is proper. It appeared from the
records that this August 23, 1995 monitoring inspection was the last one conducted by
the DENR.
Immediately after the tragic incident on August 3, 1999, a fact-finding investigation

was conducted by the Office of the Ombudsman through its Fact-Finding and
Intelligence Bureau (FFIB), which duly filed an administrative complaint with the
Office of the Ombudsman against several officials of the Housing and Land Use
Regulatory Board (HLURB), Department of Environment and Natural Resources
(DENR), and the local government of Antipolo.
The charge against petitioner involved a supposed failure on her part to monitor and
inspect the development of CHS, which was assumed to be her duty as DENR senior
environmental management specialist assigned in the province of Rizal.
For her part, petitioner belied allegations that monitoring was not conducted, claiming
that she monitored the development of CHS as evidenced by 3 monitoring
reports .She further claimed good faith and exercise of due diligence, insisting that the
tragedy was a fortuitous event. She reasoned that the collapse did not occur in Cherry
Hills, but in the adjacent mountain eastern side of the subdivision.
The Office of the Ombudsman rendered a decision imposing upon petitioner the
supreme penalty of dismissal from office for gross neglect of duty.
Petitioner seasonably filed a petition for review of the Ombudsmans decision with the
CA. The Court of Appeals dismissed the petition for lack of merit and affirmed the
appealed decision. It found that the landslide was a preventable occurrence and that
petitioner was guilty of gross negligence in failing to closely monitor Philjas
compliance with the conditions of the ECC given the known inherent instability of the
ground where the subdivision was developed. The appellate court likewise denied
petitioners motion for reconsideration.
This petition for review on certiorari
ISSUE: WON Balicas is guilty of gross neglect of duty
HELD: the petition is hereby GRANTED, The CA decision affirming the

Ombudsmans dismissal of petitioner IGNACIA BALICAS from office is
REVERSED and SET ASIDE, and petitioners REINSTATEMENT to her position
with back pay and without loss of seniority rights is hereby ordered.
NO
In order to ascertain if there had been gross neglect of duty, we have to look at the
lawfully prescribed duties of petitioner. Unfortunately, DENR regulations are silent
on the specific duties of a senior environmental management specialist. Internal
regulations merely speak of the functions of the Provincial Environment and Natural
Resources Office (PENRO) to which petitioner directly reports.
Tthe monitoring duties of the PENRO mainly deal with broad environmental concerns,
particularly pollution abatement. This general monitoring duty is applicable to all
types of physical developments that may adversely impact on the environment,
whether housing projects, industrial sites, recreational facilities, or scientific
undertakings.
However, a more specific monitoring duty is imposed on the HLURB as the sole
regulatory body for housing and land development.
P.D. No. 1586 prescribes the following duties on the HLURB (then Ministry of
Human Settlements) in connection with environmentally critical projects requiring an
ECC:
SECTION 4. Presidential Proclamation of Environmentally Critical Areas and

Projects. The President of the Philippines may, on his own initiative or upon
recommendation of the National Environment Protection Council, by proclamation
declare certain projects, undertakings or areas in the country as environmentally
critical. No person, partnership or corporation shall undertake or operate any such
declared environmentally critical project or area without first securing an
Environmental Compliance Certificate issued by the President or his duly authorized
representative. For the proper management of said critical project or area, the
President may by his proclamation reorganize such government offices, agencies,
institutions, corporations or instrumentalities including the re-alignment of
government personnel, and their specific functions and responsibilities.
For the same purpose as above, the Ministry of Human Settlements [now HLURB]
shall:
(a) prepare the proper land or water use pattern for said critical project(s) or area(s);
(b) establish ambient environmental quality standards;
(c) develop a program of environmental enhancement or protective measures

against calamitous factors such as earthquake, floods, water erosion and others;
and
(d) perform such other functions as may be directed by the President from time to
time.
The legal duty to monitor housing projects, like the CHP, against calamities such as
landslides due to continuous rain, is clearly placed on the HLURB, not on the
petitioner as PENRO senior environmental management specialist. In fact, the
law imposes no clear and direct duty on petitioner to perform such narrowly defined
monitoring function.
[G.R. No. 161436. June 23, 2004]
OTADAN vs. RIO TUBA NICKEL MINING CORP.
SECOND DIVISION
Gentlemen:
Quoted hereunder, for your information, is a resolution of this Court dated JUN 23
2004.
G.R. No. 161436 (Lipin Otadan, et al. vs. Rio Tuba Nickel Mining Corporation.)
Acting on the Motion for Reconsideration dated April 26, 2004 filed by the petitioners
of this Court's Resolution dated February 23, 2004 denying their petition for review
on certiorari for late filing, the Court resolved to DENY WITH FINALITY said
motion for lack of merit. It is axiomatic that the perfection of an appeal in the manner
and within the period prescribed by law is not only mandatory but jurisdictional and
the failure to perfect the appeal has the effect of rendering the judgment final and
executory.[1] cralaw
Moreover, the petitioners mainly assail the Decision dated September 30, 2003 of the
Court of Appeals in CA-G.R. SP No. 75014 finding no grave abuse of discretion on
the part of the Secretary of the Department of Environment and Natural Resources
(DENR) when he issued the Environmental Compliance Certificate (ECC) No.
0201-021-313 to the respondent Rio Tuba Nickel Mining Corporation for its
Hydrometallurgical Processing Plant in Barangay Rio Tuba, Municipality of Bataraza,
Palawan. The issuance of the ECC is an exercise by the Secretary of the DENR of his
quasi-judicial functions. This Court has consistently held that the courts will not
interfere in matters which are addressed to the sound discretion of the government
agency entrusted with the regulation of activities coming under the special and
technical training and knowledge of such agency.[2] It has also been held that the
cralaw
exercise of administrative discretion is a policy decision and a matter that can best be
discharged by the government agency concerned, and not by the courts.[3] This Court
cralaw
[1] cralaw Sy Chin v. Court of Appeals, 345 SCRA 673 (2000).
[2] cralaw Republic v. Express Telecommunications, Co., Inc., 373 SCRA 316 (2002)
[3] cralaw Ibid.

has likewise consistently adhered to the principle that factual findings of
quasi-judicial bodies which have acquired expertise because their jurisdiction is
confined to specific matters are generally accorded not only respect but even finality
and are binding even upon the Supreme Court if they are supported by substantial
evidence.[4] Further, administrative agencies are given a wide latitude in the
cralaw
evaluation of evidence and in the exercise of its adjudicative functions. This latitude
includes the authority to take judicial notice of facts within its special competence.[5]
cralaw
The petitioners failed to present compelling reasons to warrant the deviation by this
Court from the foregoing salutary principles.
Likewise, the petitioners' Motion for Leave to File Attached Motion for Extension of
Time and Amended Petition for Review on Certiorari is DENIED.
The Opposition dated May 7, 2004 filed by the respondent, the Letters, in the
vernacular, dated May 8, 2004, of the Katutubong Palawan at Katutubong Mulbog ng
Barangay Sarong, Bataraza, Palawan and the undated Separate Letters, in the
vernacular, of the residents of Barangay Iwahig, Sarong, and Rio Tuba, Bataraza,
Palawan are NOTED.
Very truly yours,
(Sgd.) LUDICHI YASAY-NUNAG

Clerk of Court
Endnotes:
Proclamation No. 2146, s. 1981

Signed on December 14, 1981
MALACAÑANG
MANILA
BY THE PRESIDENT OF THE PHILIPPINES
PROCLAMATION NO. 2146
[4] cralaw Id.
[5] cralaw Id.

PROCLAIMING CERTAIN AREAS AND TYPES OF PROJECTS AS
ENVIRONMENTALLY CRITICAL AND WITHIN THE SCOPE OF THE
ENVIRONMENTAL IMPACT STATEMENT SYSTEM ESTABLISHED UNDER
PRESIDENTIAL DECREE NO. 1586.
WHEREAS, it is the national policy to attain and maintain a rational and orderly
balance between socio-economic growth and environmental conservation and
protection;
WHEREAS, there is an urgent need to bring about an intensive, integrated program of

environmental protection through a requirement of environmental impact assessments
and statements;
WHEREAS, the environmental impact statement system established under

Presidential Decree No, 1586 calls for the proper management of environmentally
critical areas;
WHEREAS, the pursuit of a comprehensive and integrated environmental protection

program necessitates the establishment and institutionalization of a system whereby
the exigencies of socio-economic undertakings can be reconciled with the
requirements of environmental protection and conservation;
WHEREAS, the national leadership mandates the establishment of such a system to

regulate and minimize the environmental impacts of projects and undertakings which
may significantly affect the quality of the environment in Presidential Decree No.
1586; and
WHEREAS, in the effective implementation of such a system, there arises the need to
identify and declare certain projects determined to be environmentally critical;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, 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
Environmental Impact Statement System;
A. Environmentally Critical Projects
I. Heavy Industries
a. Non-ferrous metal industries

b. Iron and steel mills
c. Petroleum and petro-chemical industries including oil and gas
d. Smelting plants
II. Resource Extractive Industries

a. Major mining and quarrying projects
b. Forestry projects
1. Logging
2. Major wood processing projects
3. Introduction of fauna (exotic-animals) in public/private forests
4. Forest occupancy
5. Extraction of mangrove products
6. Grazing
c. Fishery Projects
1. Dikes for/and fishpond development projects
III. Infrastructure Projects
a. Major dams
b. Major power plants (fossil-fueled, nuclear fueled, hydroelectric or geothermal)
c. Major reclamation projects
d. Major roads and bridges
B. Environmentally Critical Areas
1. All areas declared by law as national parks, watershed reserves, wildlife preserves
and sanctuaries;
2. Areas set aside as aesthetic potential tourist spots;
3. Areas which constitute the habitat for any endangered or threatened species of
indigenous Philippine Wildlife (flora and fauna);
4. Areas of unique historic, archaeological, or scientific interests;
5. Areas which are traditionally occupied by cultural communities or tribes;
6. Areas frequently visited and/or hard-hit by natural calamities (geologic hazards,

floods, typhoons, volcanic activity, etc.);
7. Areas with critical slopes;
8. Areas classified 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 purposes
b. within the controlled and/or protected areas declared by appropriate authorities
c. which support wildlife and fishery 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 fishing grounds;
d. which act as natural buffers against shore erosion, strong winds and storm floods;
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 fish;
c. which act as natural breakwater of coastlines.
This Proclamation shall take effect immediately.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the
Republic of the Philippines to be affixed.
Done in the City of Manila, this 14th day of December, in the year of Our Lord,
nineteen hundred and eighty-one.
(Sgd.)FERDINAND E. MARCOS
President of the Philippines
By the President:
(Sgd.) JUAN C. TUVERA
Presidential Executive Assistant
RP (Hon. Heherson Alvarez as Sec. Of the DENR, Clarence Baguilat as the Reg. Executive Dir. Of
DENR- Region XI and Engr. Bienvenido Lipa as Reg. Dir. Of the DENR-ENVIRONMENTAL
MANAGEMENT BUREAU (DENR-EMB), Region XI v. THE CITY OF DAVAO
G.R. No. 148622. September 12, 2002
SYNOPSIS
Respondent filed an application for a Certificate of Non-Coverage (CNC) for its proposed project, the
Davao City Artica Sports Dome, with the Environmental Management Bureau (EMB), Region XI. The
same, however, was denied on the ground that the proposed project was within an environmentally
critical area; that the City of Davao must first undergo the environmental impact assessment (EIA)
process to secure an Environmental Compliance Certificate (ECC). Respondent then filed a petition for
mandamus with the Regional Trial Court (RTC), and the latter ruled in favor of respondent.
As the project in issue is not classified as environmentally critical or within an environmentally critical
area, the DENR has no choice but to issue the CNC. It becomes its ministerial duty, the performance of
which can be compelled by writ of mandamus, such as that issued herein by the trial court. The
petition filed by the Republic was denied.
SYLLABUS
1.POLITICAL LAW; ADMINISTRATIVE LAW; LOCAL GOVERNMENT CODE; LOCAL GOVERNMENT UNIT;
FUNCTIONS. — Section 15 of Republic Act 7160, otherwise known as the Local Government Code,
defines a local government unit as a body politic and corporate endowed with powers to be exercised
by it in conformity with law. As such, it performs dual functions, governmental and proprietary.
Governmental functions are those that concern the health, safety and the advancement of the public
good or welfare as affecting the public generally. Proprietary functions are those that seek to obtain
special corporate benefits or earn pecuniary profit and intended for private advantage and benefit.
When exercising governmental powers and performing governmental duties, an LGU is an agency of
the national government. When engaged in corporate activities, it acts as an agent of the community
in the administration of local affairs. ASDTEa
2.ID.; ID.; ID.; ID.; NOT EXCLUDED FROM THE COVERAGE OF PD 1586 (ENVIRONMENTAL IMPACT
STATEMENT SYSTEM). — Found in Section 16 of the Local Government Code 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, can
not claim exemption 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. Further, it is a rule of statutory construction that every part of a statute must be
interpreted with reference to the context, i.e., that every part must be considered with other parts,
and kept subservient to the general intent of the enactment. Section 4 of PD 1586 clearly states that
“no person, partnership or corporation shall undertake or operate any such declared environmentally
critical project or area without first securing an Environmental Compliance Certificate issued by the
President or his duly authorized representative.” The Civil Code defines a person as either natural or
juridical. The state and its political subdivisions, i.e., the local government units are juridical persons.
Undoubtedly therefore, local government units are not excluded from the coverage of PD 1586. Lastly,
very clear in Section 1 of PD 1586 that said law intends to implement the policy of the state to achieve
a balance between socio-economic development and environmental protection, which are the twin
goals of sustainable development. The first paragraph of the Whereas clause of the law stresses that
this can only be possible if we adopt a comprehensive and integrated environmental protection
program where all the sectors of the community are involved, i.e., the government and 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.
3.REMEDIAL LAW; EVIDENCE; FACTUAL FINDINGS OF THE TRIAL COURT, GENERALLY RESPECTED;
EXCEPTIONS. — The trial court, after a consideration of the evidence, found that the Artica Sports
Dome is not within an environmentally critical area. Neither is it an environmentally critical project. It
is axiomatic that factual findings of the trial court, when fully supported by the evidence on record,
are binding upon this Court and will not be disturbed on appeal. This Court is not a trier of facts.
There are exceptional instances when this Court may disregard factual findings of the trial court,
namely: a) when the conclusion is a finding grounded entirely on speculations, surmises, or
conjectures; b) when the inference made is manifestly mistaken, absurd, or impossible; c) where
there is a grave abuse of discretion; d) when the judgment is based on a misapprehension of facts; e)
when the findings of fact are conflicting; f) when the Court of Appeals, in making its findings, went
beyond the issues of the case and the same are contrary to the admissions of both appellant and
appellee; g) when the findings of the Court of Appeals are contrary to those of the trial court; h) when
the findings of fact are conclusions without citation of specific evidence on which they are based; i)
when the finding of fact of the Court of Appeals is premised on the supposed absence of evidence but
is contradicted by the evidence on record; and j) when the Court of Appeals manifestly overlooked
certain relevant facts not disputed by the parties and which, if properly considered, would justify a
different conclusion. None of these exceptions, however, obtain in this case.
4.ID.; SPECIAL CIVIL ACTIONS; MANDAMUS; PROPER FOR THE PERFORMANCE OF A MINISTERIAL DUTY.
— The Artica Sports Dome in Langub is not classified as environmentally critical, or within an
environmentally critical area. Consequently, the DENR has no choice but to issue the Certificate 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.
FACTS:
1. August 11, 2000- respondent filed an application for a Certificate of Non-Coverage (CNC) for
its proposed project, the “Davao City Artica Sports Dome”, with the EMB- Region XI ;
attached to the application
2. EMB Region XI denied the application after finding that the proposed project was within an
environmentally critical area
a. Basis: Section 2, Presidential Decree No. 1586, otherwise known as the Environmental
Impact Statement System, in relation to Section 4 of Presidential Decree No. 1151,
also known as the Philippine Environment Policy  the City of Davao must undergo
the environmental impact assessment (EIA) process to secure an Environmental
Compliance Certificate (ECC), before it can proceed with the construction of its
project
3. Respondent filed a petition for mandamus and injunction with the RTC of Davao with the ff.
Allegations:
a. project was neither an environmentally critical project nor within an environmentally
critical area
b. it was the ministerial duty of the DENR to issue a CNC in favor of respondent upon
submission of the required documents
4. RTC ruled in favour of the City of Davao and hence directed the DENR ro issue the CNC for
the project (PD 1586 as basis)
a. Ratio:
i. there is nothing in PD 1586, in relation to PD 1151 and Letter of Instruction
No. 1179 (prescribing guidelines for compliance with the EIA system),
which requires LGUs to comply with the EIS law.
ii. Only agencies and instrumentalities of the national government, including
GOCC’s, as well as private corporations, firms and entities are mandated to
go through the EIA process for their proposed projects which have
significant effect on the quality of the environment.
iii. A local government unit, not being an agency or instrumentality of the
National Government, is deemed excluded under the principle of expressio
unius est exclusio alterius
iv. based on the certifications of the DENR- CENRO, site for the Artica Sports
Dome was not within an environmentally critical area  . It therefore
becomes mandatory for the DENR, through the EMB Region XI, to approve
respondent's application for CNC after it has satisfied all the requirements
for its issuance
5. Petitioner filed a MR but it was denied.
6. Hence, this petition.
*Notes:
 Sec. 15, RA 7160 (LGC) –

o local government unit as a body politic and corporate endowed with powers to be
exercised by it in conformity with law.
o performs dual functions, governmental (those that concern the health, safety and the
advancement of the public good or welfare as affecting the public generally ) and
proprietary (those that seek to obtain special corporate benefits or earn pecuniary
profit and intended for private advantage and benefit)
o RULES:
 When exercising governmental powers and performing governmental
duties, an LGU is an agency of the national government
 When engaged in corporate activities, it acts as an agent of the community
in the administration of local affairs.
 Sec. 16, RA 7160 (LGC) – duty of the LGUs to promote the people's right to a balanced ecology
o an LGU, like the City of Davao, can not claim exemption from the coverage of PD 1586
o 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 158
ISSUE:
WON the LGU’s are excluded from the coverage of PD 1586, one which requires an environmental
impact assessment (EIA) process to secure an Environmental Compliance Certificate (ECC)
HELD:
No.
1.) Section 4 of PD 1586 - "no person, partnership or corporation shall undertake or operate
any such declared environmentally critical project or area without first securing an
Environmental Compliance Certificate issued by the President or his duly authorized
representative."
a. LGU’s are juridical persons
2.) Section 1 of PD 1586 - law intends to implement the policy of the state to achieve a balance
between socio-economic development and environmental protection, which are the twin
goals of sustainable development
a. Whereas clause stresses that this can only be possible if we adopt a comprehensive
and integrated environmental protection program where all the sectors of the
community are involved, i.e., the government and 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.
3.) HOWEVER, after consideration of the evidence finding Artica Sports Dome is not within an
environmentally critical area neither being a critical project... findings of the trial court
becomes binding with the SC
4.) The Artica Sports Dome in Langub does not come close to any of the projects or areas
enumerated in Presidential 2146 (proclaiming areas and types of projects as environmentally
critical and w/in scope of the EIS). Neither is it analogous to any of them. It is clear, therefore,
that the said project is not classified as environmentally critical, or within an environmentally
critical area. Consequently, the DENR has no choice but to issue the Certificate 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. ^ TC affirmed ^
Executive Order No. 292 [BOOK

IV/Title XIV/Chapter 1-General
Provisions]
Signed on July 25, 1987
TITLE XIV
Environment and Natural Resources
CHAPTER 1
General Provisions
SECTION 1. Declaration of Policy.—(1) The State shall ensure, for the benefit of the
Filipino people, the full exploration and development as well as the judicious
disposition, utilization, management, renewal and conservation of the country’s forest,
mineral, land, waters, fisheries, wildlife, off-shore areas and other natural resources,
consistent with the necessity of maintaining a sound ecological balance and protecting
and enhancing the quality of the environment and the objective of making the
exploration, development and utilization of such natural resources equitably
accessible to the different segments of the present as well as future generations.
(2) The State shall likewise recognize and apply a true value system that takes into
account social and environmental cost implications relative to the utilization,
development and conservation of our natural resources.
SECTION 2. Mandate.—(1) The Department of Environment and Natural Resources

shall be primarily responsible for the implementation of the foregoing policy.
(2) It shall, subject to law and higher authority, be in charge of carrying out the State’s
constitutional mandate to control and supervise the exploration, development,
utilization, and conservation of the country’s natural resources.
SECTION 3. Guidelines for Implementation.—In the discharge of its responsibility

the Department shall be guided by the following objectives:
(1) Assure the availability and sustainability of the country’s natural resources
through judicious use and systematic restoration or replacement, whenever possible;
(2) Increase the productivity of natural resources in order to meet the demands for the
products from forest, mineral, land and water resources of a growing population;
(3) Enhance the contribution of natural resources for achieving national economic and
social development;
(4) Promote equitable access to natural resources by the different sectors of the
population; and
(5) Conserve specific terrestrial and marine areas representative of the Philippine
natural and cultural heritage for present and future generations.
SECTION 4. Powers and Functions.—The Department shall:
(1) Advise the President and the Congress on the enactment of laws relative to the
exploration, development, use, regulation and conservation of the country’s natural
resources and the control of pollution;
(2) Formulate, implement and supervise the implementation of the government’s

policies, plans, and programs pertaining to the management, conservation,
development, use and replenishment of the country’s natural resources;
(3) Promulgate rules and regulations in accordance with law governing the
exploration, development, conservation, extraction, disposition, use and such other
commercial activities tending to cause the depletion and degradation of our natural
resources;
(4) Exercise supervision and control over forest lands, alienable and disposable public
lands, mineral resources and, in the process of exercising such control, impose
appropriate taxes, fees, charges, rentals and any such form of levy and collect such
revenues for the exploration, development, utilization or gathering of such resources;
(5) Undertake the exploration, assessment, classification and inventory of the

country’s natural resources, using ground surveys, remote sensing and complementary
technologies;
(6) Promote proper and mutual consultation with the private sector on matters
involving natural resources exploration, development, use and conservation;
(7) Undertake geological surveys of the whole country including its territorial waters;
(8) Issue licenses and permits for activities related to the use and development of
aquatic resources, treasure hunting, salvaging of sunken vessels and other similar
activities;
(9) Establish policies and implement programs for the:

(a) Accelerated inventory, survey and classification of lands, forest and mineral
resources, using appropriate technology, to be able to come up with a more accurate
assessment of resource quality and quantity;
(b) Equitable distribution of natural resources through the judicious administration,

regulation, utilization, development and conservation of public lands, forest, water
and mineral resources (including mineral reservation areas), that would benefit a
greater number of Filipinos;
(c) Promotion, development and expansion of natural resource-based industries;
(d) Preservation of cultural and natural heritage through wildlife conservation and
segregation of national parks and other protected areas;
(e) Maintenance of a wholesome natural environment by enforcing environmental

protection laws; and
(f) Encouragement of greater people participation and private initiative in rural

resource management;
(10) Promulgate rules and regulations necessary to:
(a) Accelerate cadastral and emancipation patent surveys, land use planning and
public land titling;
(b) Harness forest resources in a sustainable manner, to assist rural development,

support forest-based industries, and provide raw materials to meet increasing demands,
at the same time keeping adequate reserves for environmental stability;
(c) Expedite mineral resources surveys, promote the production of metallic and
non-metallic minerals and encourage mineral marketing;
(d) Assure conservation and judicious and sustainable development of aquatic

resources.
(11) Assess, review and provide direction to, in coordination with concerned
government agencies, energy research and development programs, including
identification of sources of energy and determination of their commercial feasibility
for development;
(12) Regulate the development, disposition, extraction, exploration and use of the
country’s forest, land, water and mineral resources;
(13) Assume responsibility for the assessment, development, protection, licensing and
regulation as provided for by law, where applicable, of all energy and natural
resources; the regulation and monitoring of service contractors, licensees, lessees, and
permit for the extraction, exploration, development and use of natural resources
products; the implementation of programs and measures with the end in view of
promoting close collaboration between the government and the private sector; the
effective and efficient classification and sub-classification of lands of the public
domain; and the enforcement of natural resources and environmental laws, rules and
regulations;
(14) Promulgate rules, regulations and guidelines on the issuance of licenses, permits,
concessions, lease agreements and such other privileges concerning the development,
exploration and utilization of the country’s marine, freshwater, and brackish water
and over all aquatic resources of the country and shall continue to oversee, supervise
and police our natural resources; cancel or cause to cancel such privileges upon
failure, non-compliance or violations of any regulation, order, and for all other causes
which are in furtherance of the conservation of natural resources and supportive of the
national interest;
(15) Exercise exclusive jurisdiction on the management and disposition of all lands of
the public domain and serve as the sole agency responsible for classification,
sub-classification, surveying and titling of lands in consultation with appropriate
agencies;
(16) Implement measures for the regulation and supervision of the processing of
forest products, grading and inspection of lumber and other forest products and
monitoring of the movement of timber and other forest products;
(17) Promulgate rules and regulations for the control of water, air and land pollution;
(18) Promulgate ambient and effluent standards for water and air quality including the
allowable levels of other pollutants and radiations;
(19) Promulgate policies, rules and regulations for the conservation of the country’s
genetic resources and biological diversity, and endangered habitats;
(20) Formulate an integrated, multi-sectoral, and multi-disciplinary National

Conservation Strategy, which will be presented to the Cabinet for the President’s
approval;
(21) Perform such other functions as may be provided by law.
SECTION 5. Organizational Structure.—The Department shall consist of the

Department Proper, the Staff Offices, the Staff Bureaus, and the Regional Offices,
Provincial Offices and Community Offices.
CHAPTER 2
The Department Proper

SECTION 6. Composition.—The Department Proper shall be composed of the Office
of the Secretary, the Offices of the Undersecretaries and Assistant Secretaries, and the
Public Affairs Office, Special Concerns Office, and the Pollution Adjudication Board.
SECTION 7. Office of the Secretary.—The Office of the Secretary shall consist of

the Secretary and his immediate staff.
SECTION 8. The Secretary.—The Secretary shall:
(1) Advise the President on the promulgation of rules, regulations and other issuances
relative to the conservation, management, development and proper use of the
country’s natural resources;
(2) Establish policies and standards for the efficient and effective operations of the
Department in accordance with the programs of the government;
(3) Promulgate rules, regulations and other issuances necessary in carrying out the
Department’s mandate, objectives, policies, plans, programs and projects.
(4) Exercise supervision and control over all functions and activities of the
Department;
(5) Delegate authority for the performance of any administrative or substantive

function to subordinate officials of the Department; and
(6) Perform such other functions as may be provided by law or assigned by the
President.
SECTION 9. Undersecretaries.—The Secretary shall be assisted by five (5)

Undersecretaries upon the recommendation of the Secretary. The Secretary is hereby
authorized to delineate, assign and/or reassign the respective functional areas of
responsibility of each Undersecretary, Provided, That such responsibility shall be with
respect to the mandate and objectives of the Department; and Provided, further, That
no Undersecretary shall be assigned primarily administrative responsibilities. Within
his functional area of responsibility, an Undersecretary shall have the following
functions:
(1) Advise the Secretary in the promulgation of Department orders, administrative

orders and other issuances, with respect to his area of responsibility;
(2) Exercise supervision and control over the offices, services, operating units and
officers and employees under his responsibility;
(3) Promulgate rules and regulations, consistent with Department policies, that will
efficiently and effectively govern the activities of units under his responsibility;
(4) Coordinate the functions and activities of the units under his responsibility with
those of other units under the responsibility of other Undersecretaries;
(5) Exercise such authority on substantive and administrative matters related to the
functions and activities of units under his responsibility to the extent granted by the
Secretary through administrative issuances; and
Secretary.
SECTION 10. Assistant Secretaries.—The Secretary and the Undersecretaries shall,

in the formulation, management and implementation of natural resources laws,
policies, plans, and programs and projects, also be assisted by seven (7) Assistant
Secretaries who shall be responsible for the following: one (1) for Policy and
Planning Studies, one (1) for Foreign-Assisted and Special Projects, one (1) for Field
Operations in Luzon, one (1) for Field Operations in the Visayas, and one (1) for
Field Operations in Mindanao, one (1) for Legal Affairs, and one (1) for Management
Services.
SECTION 11. Public Affairs Office.—The Public Affairs Office, under the Office of
the Secretary, shall be headed by a Director to be assisted by an Assistant Director,
and shall serve as the public information arm of the Department. It shall be
responsible for disseminating information on natural resources development policies,
plans, programs and projects and respond to public queries related to the development
and conservation of natural resources.
SECTION 12. Special Concerns Office.—The Special Concerns Office, also under
the Office of the Secretary, shall be headed by a Director to be assisted by an
Assistant Director, and shall be responsible for handling priority areas or subjects
identified by the Secretary which necessitate special and immediate attention.
SECTION 13. Pollution Adjudication Board.—The Pollution Adjudication Board,

under the Office of the Secretary, shall be composed of the Secretary as Chairman,
two Undersecretaries as may be designated by the Secretary, the Director of
Environmental Management, and three others to be designated by the Secretary as
members. The Board shall assume the powers and functions of the
Commission/Commissioners of the National Pollution Control Commission with
respect to the adjudication of pollution cases under Republic Act 3931 and
Presidential Decree 984, particularly with respect to Section 6 letters (e), (f), (g), (j),
(k) and (p) of P.D. 984. The Environmental Management Bureau shall serve as the
Secretariat of the Board. These powers and functions may be delegated to the regional
officers of the Department in accordance with rules and regulations to be promulgated
by the Board.
CHAPTER 3
The Staff Sectoral Bureaus

SECTION 14. Forest Management Bureau.—The Forest Management Bureau shall
be headed by a Director and assisted by an Assistant Director, and shall integrate and
absorb the powers of the Bureau of Forest Development and the Wood Industry
Development Authority which were abolished by Executive Order No. 131, except
those line functions and powers thereof which are transferred to the regional field
office.
It shall advise the Secretary on matters pertaining to forest development and

conservation. As its primary functions, it shall:
(1) Recommend policies and/or programs for the effective protection, development,
occupancy, management and conservation of forest lands and watersheds, including
the grazing and mangrove areas; reforestation and rehabilitation of critically denuded
or degraded forest reservations, improvement of water resource use and development,
development of national parks, preservation of wilderness areas, game refuges and
wildlife sanctuaries, ancestral lands, wilderness areas and other natural preserves,
development of forest plantations, including rattan, bamboo, and other valuable
non-timber forest resources; and rationalization of the wood-based industries,
regulation of the utilization and exploitation of forest resources, including wildlife, to
ensure continuous supply of forest and goods and services;
(2) Advise the regional offices in the implementation of the above policies and/or
programs;
(3) Develop plans, programs, operating standards and administrative measures to

promote the Bureau’s objectives and functions;
(4) Assist in the monitoring and evaluation of forestry and watershed development
projects to ensure efficiency and effectiveness;
(5) Undertake studies on the economics of forestry and forest-based industries,

including supply and demand trends on the local, national and international levels,
identifying investment problems and opportunities in various areas; and
Secretary.
SECTION 15. Lands Management Bureau.—The Lands Management Bureau, to be

headed by a Director and assisted by an Assistant Director, shall absorb the functions
and powers of the Bureau of Lands abolished by Executive Order No. 131, except
those line functions and powers thereof which are transferred to the regional field
offices.
It shall advise the Secretary on matters pertaining to rational land management and
disposition and shall have the following functions:
(1) Recommend policies and programs for the efficient and effective administration,
surveys, management and disposition of alienable and disposable lands of the public
domain and other lands outside the responsibilities of other government agencies,
such as reclaimed areas and other areas not needed for or are not being utilized for the
purposes for which they have been established;
(2) Advise the Regional Offices on the efficient and effective implementation of
policies, programs and projects for more effective public lands management;
(3) Assist in the monitoring and evaluation of land surveys, management and
disposition of lands to ensure efficiency and effectiveness thereof;
(4) Issue standards, guidelines, regulations and orders to enforce policies for the
maximization of land use and development;
(5) Develop operating standards and procedures to promote the Bureau’s objectives
and functions; and
Secretary.
SECTION 16. Mines and Geo-Sciences Bureau.—The Mines and Geo-Sciences

Bureau, to be headed by a Director and assisted by an Assistant Director shall absorb
the functions of the Bureau of Mines and Geo-Sciences, Mineral Reservations
Development Board, and the Gold Mining Industry Development Board which were
abolished by Executive Order No. 131, except line functions and powers thereof
which are transferred to the regional field offices.
It shall advise the Secretary on matters pertaining to geology and mineral resources
exploration, development, utilization and conservation and shall:
(1) Recommend policies, regulations or programs pertaining to mineral resources

development and geology;
(2) Advise the Secretary on the granting of mining rights and contracts over areas
containing metallic and non-metallic mineral resources;
(3) Advise the Regional Offices on the effective implementation of mineral

development and conservation programs as well as geological surveys;
(4) Recommend policies, regulations and oversee the development and exploitation of
mineral resources of the sea within the country’s jurisdiction such as silica sand, gold
placer, magnetic and chromite sand, etc;
(5) Assist in the monitoring and evaluation of the Bureau’s programs and projects to
ensure efficiency and effectiveness thereof;
(6) Develop and promulgate standards and operating procedures on mineral resources
development and geology;
(7) Supervise and control the development and packaging of nationally applicable
technologies on geological survey, mineral resource assessment, mining and
metallurgy; the provision of geological, metallurgical, chemical and rock mechanics
laboratory services; the conduct of marine geological and geophysical survey and
natural exploration drilling programs; and
Secretary.
SECTION 17. Environmental Management Bureau.—The Environmental

Management Bureau, to be headed by a Director who shall be assisted by an Assistant
Director shall, subject to the provisions of this Code relative to the Pollution
Adjudication Board, absorb and integrate the powers and functions of the National
Environmental Protection Council, the National Pollution Control Commission, and
the Environmental Center of the Philippines which are hereby abolished.
It shall advise the Secretary on matters relating to environmental management,

conservation, and pollution control, and shall:
(1) Recommend possible legislation, policies and programs for environmental

management and pollution control;
(2) Advise the Regional Offices in the efficient and effective implementation of
policies, programs, and projects for the effective and efficient environmental
management and pollution control;
(3) Formulate environmental quality standards such as the quality standards for water,
air, land, noise and radiations;
(4) Recommend rules and regulations for environmental impact assessments and
provide technical assistance for their implementation and monitoring;
(5) Formulate rules and regulations for the proper disposition of solid wastes, toxic
and hazardous substances;
(6) Advise the Secretary on the legal aspects of environmental management and
pollution control and assist in the conduct of public hearings in pollution cases;
(7) Provide secretariat assistance to the Pollution Adjudication Board;
(8) Coordinate the inter-agency committees that may be created for the preparation of
the State of the Philippine Environment Report and the National Conservation
Strategy;
(9) Provide assistance to the Regional Offices in the formulation and dissemination of
information on environmental and pollution matters to the general public;
(10) Assist the Secretary and the Regional Officers by providing technical assistance
in the implementation of environmental and pollution laws; and
(11) Provide scientific assistance to the Regional Offices in the conduct of

environmental research programs.
SECTION 18. Ecosystems Research and Development Bureau.—The Ecosystems

Research and Development Bureau, to be headed by a Director and assisted by an
Assistant Director, shall absorb the powers and functions of the Forest Research
Institute and the National Mangrove Committee, which are hereby abolished.
It shall:
(1) Formulate and recommend an integrated research program relating to Philippine

ecosystems and natural resources such as minerals, lands, forests, as holistic and
interdisciplinary fields of inquiry;
(2) Assist the Secretary in determining a system of priorities for the allocation of
resources to various technological research programs of the department;
(3) Provide technical assistance in the implementation and monitoring of the

aforementioned research programs;
(4) Generate technologies and provide scientific assistance in the research and
development of technologies relevant to the sustainable uses of Philippine ecosystems
and natural resources; and
(5) Assist the Secretary in the evaluation of the effectiveness of the implementation of
the integrated research program.
The Ecosystems Research and Development Bureau shall directly manage and
administer the Forest Research Institute Research Offices, laboratories, and forest
experiment stations located at UP Los Baños and such other field laboratories as the
Secretary may assign to its direct supervision. The Bureau shall coordinate all
technological researches undertaken by the field offices, assess and translate all
recommendable findings and disseminate such findings for all possible users and
clientele.
SECTION 19. Protected Areas and Wildlife Bureau.—The Protected Areas and
Wildlife Bureau, to be headed by a Director and assisted by an Assistant Director,
shall absorb the Division of Parks and Wildlife and the Marine Parks Program of the
Bureau of Forest Development as well as the Calauit Game Preserve and Wildlife
Sanctuary, Presidential Committee on the Conservation of Tamaraw, Ninoy Aquino
Parks and Wildlife Center (formerly Parks and Wildlife Nature Center), shares in
Kabuhayan Program and Agro Forestry State Projects of the KKK Processing
Authority, all national parks, wildlife sanctuaries and game preserves previously
managed and administered by the Ministry of Human Settlements including National
Parks Reservation situated in the provinces of Bulacan, Rizal, Laguna and Quezon
formerly declared as Bagong Lipunan Sites of said Ministry, Magat Forest
Reservation and Mt. Arayat National Park, formerly with the Ministry of Tourism.
The Bureau shall:
(1) Formulate and recommend policies, guidelines, rules and regulations for the
establishment and management of an Integrated Protected Areas Systems such as
national parks, wildlife sanctuaries and refuge, marine parks, and biospheric reserves;
(2) Formulate and recommend policies, guidelines, rules and regulations for the
preservation of biological diversity, genetic resources, the endangered Philippine flora
and fauna;
(3) Prepare an up-to-date listing of endangered flora and fauna and recommend a
program of conservation and propagation of the same;
(4) Assist the Secretary in the monitoring and assessment of the management of the
Integrated Protected Areas System and provide technical assistance to the Regional
Offices in the implementation of programs for these areas; and
Secretary.
CHAPTER 4
The Department Field Offices
SECTION 20. Field Offices of the Department.—The field offices of the Department
are the Environmental and Natural Resources Regional Offices in the thirteen (13)
administrative regions of the country; the Environment and Natural Resources
Provincial Office in every province, and the Community Office in every municipality,
whenever deemed necessary.
SECTION 21. Environment and Natural Resources Regional Office.—A Regional

Office shall be directly under the supervision and control of the Undersecretary for
Field Operations and shall be headed by a Regional Executive Director (with the rank
of Regional Director) who shall be assisted by five (5) Assistant Regional Technical
Directors, (with the rank of Assistant Regional Director), one (1) each for Forestry,
for Lands Management, for Mines and Geo-Sciences, Environmental Management
and Ecosystems Research, respectively, and who shall be Career Executive Service
Officers.
An Environment and Natural Resources Regional Office shall be located in the
identified regional capital and shall have the following functions:
(1) Implement laws, policies, plans, programs, projects, rules and regulations of the
Department to promote the sustainability and productivity of natural resources, social
equity in natural resource utilization and environmental protection;
(2) Provide efficient and effective delivery of services to the people;
(3) Coordinate with regional offices of other departments, offices, agencies in the
region and local government units in the enforcement of natural resource conservation
laws and regulations, and in the formulation/implementation of natural resource
programs and projects;
(4) Recommend and, upon approval, implement programs and projects on forestry,
minerals, and land management and disposition;
(5) Conduct a comprehensive inventory of natural resources in the region and

formulate regional short and long-term development plans for the conservation,
utilization and replacement of natural resources;
(6) Evolve respective regional budget in conformity with the priorities established by
the Regional Development Councils;
(7) Supervise the processing of natural resources products, grade and inspect minerals,
lumber and other wood processed products, and monitor the movement of these
products;
(8) Conduct field researches for appropriate technologies recommended for various
projects; and
Secretary.
SECTION 22. Provincial and Community Offices.—The Natural resources

provincial and community offices shall each be headed by a provincial natural
resource officer and community natural resource officer, respectively. They shall take
over the functions of the district offices of the former Bureau of Forest Development,
Bureau of Lands, and Bureau of Mines and Geo-Sciences.
CHAPTER 5
Attached Agencies and Corporations
SECTION 23. Attached Agencies and Corporations.—The following agencies and

corporations shall be attached to and under the administrative supervision of the
Department:
(1) National Mapping and Research Information Authority;
(2) National Electrification Administration; and
(3) National Resources Development Corporation.
The agencies attached to the Department shall continue to operate and function in
accordance with the respective laws creating them, except as otherwise provided in
this Code.
ANTONIO G. PRINCIPE vs. FACT-FINDING AND INTELLIGENCE BUREAU (FFIB),

OFFICE OF THE OMBUDSMAN[G.R. No. 145973, January 23, 2002]PARDO, J: FACTS:
On February 19, 1991, then City Mayor of Antipolo City, Daniel S. Garcia,
endorsedthe Philjas Corporation to the Housing and Land Use Regulatory
Board (HLURB) for the creation, development and sale of lots of the Cherry
Hills Subdivision (CHS) located in the abovementioned city. Thereafter,
Philjas was issued different permits and documents for purposes of
proceeding with the project. Eventually, a Small Scale Mining Permit (SSMP)
was issued to Philjas to extract and remove 10,000 cu. Meters of filling
materials from the area where the proposed subdivision is to be
constructed. However, another respondent (in the CA case) informed
Philjas that CHS is within the EIS System and as such must secure ECC from
the DENR. Subsequently, Philjas applied for an ECC permit. Upon the
recommendation of one of the subordinates of herein petitioner, the latter
approved Philjass application for an ECC permit. The petitioner approved
the same based from the Inspection Report conducted by petitioners
subordinates. The Ombudsman rendered a decision finding the petitioner
Principe administratively liable for Gross Neglect of Duty and imposed
upon him the penalty of dismissal from office. The CA affirmed the
Ombudsmans decision. Hence, this petition.ISSUE:Whether or not the
Ombudsman may dismiss petitioner from the service on an administrative
charge for gross neglect of duty, initiated, investigated and decided by
the Ombudsman himself without substantial evidence to support his
findings of gross neglect of duty because the duty to monitor and inspect
the project was not vested in the petitioner.HELD: NO. DAO 38-1990
specifically points out the functions of the office attached to
thepetitioner and nowhere in it can be found the latters responsibility
of monitoring housing and land development projects. The Ombudsman,
without taking into consideration the lawfully mandated duties and
functions attached to petitioners position, immediately concluded that
as the signing and approving authority of the ECC issued to Philjas, it
was incumbent upon the petitioner to conduct actual monitoring and enforce
strict compliance with the terms of the ECC. Hence, how could petitioner
be guilty of neglecting a duty, which is not even his to begin with?
Administrative liability could not be based on the fact that petitioner
was the person who signed and approved the ECC, without proof of actual
act or omission constituting neglect of duty. In the absence of
substantial evidence of gross neglect of petitioner, administrative
liability could not be based on the principle of command responsibility.
The negligence of the petitioners subordinates is not tantamount to his
own negligence. It was not within the mandated responsibilities of
petitioner to conduct actual monitoring of projects. The principles
governing public officers under the Revised Administrative Code of 1987
clearly provide that a head of a department or a superior officer shall
not be civilly liable for the wrongful acts, omissions of duty, negligence,
or misfeasance of his subordinates, unless he has actually authorized by
written order the specific act or misconduct complained of.

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PD 1152 - Philippine Environment Code

- enacted on June 6, 1977

2. Title 2 - Water Quality Management, now covered by, Water Code of

3. Title 3 - Land Use Management

4. Title 4 - Natural Resources Management and Conservation

5. Title 5 - Waste Management

6. Title 6 - Miscellaneous Provisions

Discussion for October 19, 2019

PD 1151 - Philippine Environmental Policy

- enacted on June 6, 1977

 Conflicting demands of population growth, urbanization, industrial

 Declares a continuing policy of the State (a) to create, develop,

1. the environmental impact of the proposed action, project, or

PD 1586 - Environmental Impact Statement System

- It aims to protect the environment despite the increasing demand of

- Every proposed (1) environmentally-critical project or (2) project

- What are Environmentally-Critical Areas?

A. Environmentally Critical Areas

2. Areas set aside as aesthetic potential tourist spots;

3. Areas which constitute the habitat for any endangered or threatened

4. Areas of unique historic, archaeological, or scientific interests;

5. Areas which are traditionally occupied by cultural communities or

6. Areas frequently visited and/or hard-hit by natural calamities

7. Areas with critical slopes;

8. Areas classified as prime agricultural lands;

9. Recharged areas of aquifers;

10. Water bodies characterized by one or any combination of the

a. tapped for domestic purposes

11. Mangrove areas characterized by one or any combination of the

a. with primary pristine and dense young growth;

12. Coral reefs characterized by one or any combinations of the

a. With 50% and above live coralline cover;

- What are Environmentally-Critical Projects?

- Presidential Proclamation 2146 identified the following:

B. Environmentally Critical Projects

a. Non-ferrous metal industries

II. Resource Extractive Industries

a. Major mining and quarrying projects

1. Dikes for/and fishpond development projects

III. Infrastructure Projects

IV. Golf Courses Projects

- Which agencies are concerned?

- Environmental Management Bureau of DENR - main agency in charge

To attain and maintain a rational and orderly balance

Control Area Nationwide

 The pursuit of a comprehensive and integrated environmental

 Declared environmentally critical projects and areas are required to

o Areas declared by law as natural parks, watershed reserves,

DENR Administrative Order No. 96-37

Sec. 3 Definition of Terms

For purposes of this Order, the following terms shall mean:

a. CENRO - the Community Environment and Natural Resources Office of

b. DENR - the Department of Environment and Natural Resources.

c. EIS Procedural Manual - a detailed guide on the procedures to be

d. EMB - the Environmental Management Bureau of the DENR.

e. EMPAS - the Environmental Management and Protected Areas Sector of

f. Environmental Compliance Certificate (ECC) - the document issued

g. Environmentally Critical Area (ECA) - an area that is environmentally

i. Environmental Guarantee Fund (EGF) - a fund that proponents required or

j. Environmental Impacts - the probable effects or consequences of

k. Environmental Impact Assessment (EIA) - the process of

l. Environmental Impact Assessment Review Committee (EIARC)