Environmental Law TSN PDF

Environmental Law TSN
2-Manresa 2012-2013
Legislations for Environmental Law:
1. CONSTITUTIONAL
No recordings (Please refer to the full texts
BASIS
FOR
ENVIRONMENTAL LAW
2. PD
1151
of the laws.)
*** Discussion
(PHILIPPINE
ENVIRONMENTAL POLICY)
3. PD
1152
(PHILIPPINE
ENVIROMENTAL CODE)
4. PD 984 (POLLUTION CONTROL LAW)
5. PD
1586
(ESTABLISHING
AN
ENVIRONMENTAL
IMPACTSTATEMENT
SYSTEM,
INCLUDING
OTHER
ENVIRONMENTAL
RELATED
MANAGEMENT
MEASURES
AND
FOR
OTHER PURPOSES.)
6. PD 2146
7. CLEAN AIR ACT
8. CLEAN WATER ACT
9. PD 979
Cases:
1. Republic of the Philippines vs. The
City of Davao
Republic vs. Alvarez, in his capacity
as Sec. of DENR
2. PAB vs Solar Textile 195 SCRA 112
3. Mead vs Argel 115 SCRA 256
4. Technology Developers Inc. vs CA
(January 21, 1991)
Transcribed
Based on the Lectures of Atty. Ramon Edison Batacan

Transcribed by: Mae Bungabong

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The Constitutional basis of Environmental
Sec. 23- The State shall encourage non-
Law
governmental, community-based, or sectoral

organizations that promote the welfare of the
Article II of the 1987 Constitution
nation.
Sec. 15-The State shall protect and promote

the right to health of the people and instill
health consciousness among them.
Sec. 20-Within its territorial jurisdiction and
Sec. 16- The State shall protect and advance

the right of the people to a balanced and
healthful ecology in accord with the rhythm
and harmony of nature.
***balanced
ecology-Others
would
Article X
say
subject to the provisions of this Constitution

and
national
autonomous
laws,
the
regions
organic
shall
act
provide
for
legislative powers over:

XXXXXXXXX
sustainable development.
3. Ancestral domain and natural resources.
Q: What is sustainable development?
XXXXXXXXX
A: You only use what you need today and
Article XII
save the rest for the future.

*** in accord-This means in agreement
***with the rhythm and harmony -According
to Sir, rhythm and harmony are redundant
words.
of
Sec. 2- All 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
State. With the exception of agricultural lands,
***with rhythm and harmony of nature-This
all other natural resources shall not be
means all should be natural walang artificial.
alienated. The exploration, development, and
Environmentalists would always say

that our present generation is the guardian of
the resources for the generations yet to come.
So we have to guard, reserve and conserve our
natural resources so that the generations yet
to come will have something towards their
own.
utilization of natural resources shall be under

the full control and supervision of the State.
The
State
may
directly
undertake
such
activities, or it may enter into co-production,

joint
venture,
agreements
with
or
production
Filipino
sharing
citizens,
or
corporations or associations at least sixty per

centum of whose capital is owned by such
citizens. Such agreements may be for a period


2-Manresa 2012-2013
not exceeding twenty-five years, renewable for
***This means that all natural resources are
not more than twenty-five years, and under
owned by the State (Doctrine of Jura Regalia)
such terms and conditions as may be provided

by law. In cases of water rights for irrigation,
Sec. 3- Lands of the public domain are
water supply fisheries, or industrial uses other
classified into agricultural, forest or timber,
than
waterpower,
mineral lands and national parks. Agricultural
beneficial use may be the measure and limit of
lands of the public domain may be further
the grant.
classified by law according to the uses to
the
development
of
which they may be devoted. Alienable lands of

The State shall protect the nation's
the
public
domain
shall
be
limited
to
marine wealth in its archipelagic waters,
agricultural lands. Private corporations or
territorial sea, and exclusive economic zone,
associations may not hold such alienable
and reserve its use and enjoyment exclusively
lands of the public domain except by lease, for
to Filipino citizens.
a period not exceeding twenty-five years,
The Congress may, by law, allow smallscale
utilization
of
natural
resources
by
Filipino citizens, as well as cooperative fish

farming,
with
priority
to
subsistence
fishermen and fishworkers in rivers, lakes,

bays, and lagoons.
The
President
may
enter
into
agreements with foreign-owned corporations

involving
either
assistance
development,
for
and
technical
or
large-scale
utilization
financial
exploration,
of
minerals,
petroleum, and other mineral oils according to

the general terms and conditions provided by
law, based on real contributions to the
economic growth and general welfare of the
country. In such agreements, the State shall
promote the development and use of local
scientific and technical resources.
renewable for not more than twenty-five years,

and not to exceed one thousand hectares in
area. Citizens of the Philippines may lease not
more than five hundred hectares, or acquire
not more than twelve hectares thereof, by
purchase, homestead, or grant.
Taking into account the requirements of
conservation, ecology, and development, and
subject
to
the
requirements
of
agrarian
reform, the Congress shall determine, by law,

the size of lands of the public domain which
may be acquired, developed, held, or leased
and the conditions therefor.
Sec.
4-The
Congress
shall,
as
soon
as
possible, determine, by law, the specific limits

of forest lands and national parks, marking
clearly
their
boundaries
on
the
ground.
Thereafter, such forest lands and national

parks shall be conserved and may not be


2-Manresa 2012-2013
increased nor diminished, except by law. The
Sec. 1-The Congress shall give highest priority
Congress shall provide for such period as it
to the enactment of measures that protect and
may determine, measures to prohibit logging
enhance the right of all the people to human
in endangered forests and watershed areas.
dignity, reduce social, economic, and political

inequalities, and remove cultural inequities by
***The Congress has the power to determine
equitably diffusing wealth and political power
the specific limits of an inalienable land in an
for the common good.
alienable land vice versa. The Congress can

extend it but this is only possible if theres a
To this end, the State shall regulate the
law enacted by the Congress.
acquisition, ownership, use, and disposition of

property and its increments.
Sec. 5-The State, subject to the provisions of

this Constitution and national development
Sec. 2- The promotion of social justice shall
policies and programs, shall protect the rights
include the commitment to create economic
of indigenous cultural communities to their
opportunities based on freedom of initiative
ancestral lands to ensure their economic,
and self-reliance.
social, and cultural well-being.

Sect. 4- The State shall, by law, undertake an
The Congress may provide for the applicability
agrarian reform program founded on the right
of customary laws governing property rights or
of farmers and regular farmworkers who are
relations in determining the ownership and
landless, to own directly or collectively the
extent of ancestral domain.
lands they till or, in the case of other

farmworkers, to receive a just share of the
Sec. 6-The use of property bears a social
fruits thereof. To this end, the State shall
function,
shall
encourage and undertake the just distribution
contribute to the common good. Individuals
of all agricultural lands, subject to such
and private groups, including corporations,
priorities and reasonable retention limits as
cooperatives,
the
and
all
and
economic
similar
agents
collective
Congress may prescribe, taking into
organizations, shall have the right to own,
account ecological, developmental, or equity
establish, and operate economic enterprises,
considerations, and subject to the payment of
subject to the duty of the State to promote
just compensation. In determining retention
distributive justice and to intervene when the
limits, the State shall respect the right of
common good so demands.
small landowners. The State shall further
Article XIII
provide incentives for voluntary land-sharing.


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Sect. 5- The State shall recognize the right of
protection shall extend to offshore fishing
farmers, farmworkers, and landowners, as
grounds of subsistence fishermen against
well as cooperatives, and other independent
foreign intrusion. Fishworkers shall receive a
farmers' organizations to participate in the
just share from their labor in the utilization of
planning, organization, and management of
marine and fishing resources.
the program, and shall provide support to

agriculture through appropriate technology
Sect. 8- The State shall provide incentives to
and
landowners to invest the proceeds of the
research,
and
adequate
financial,
production, marketing, and other support
agrarian
reform
services.
industrialization, employment creation, and

privatization
of
program
public
sector
to
promote
enterprises.
Sect. 6- The State shall apply the principles of
Financial instruments used as payment for
agrarian reform or stewardship, whenever
their lands shall be honored as equity in
applicable in accordance with law, in the
enterprises of their choice.
disposition or utilization of other natural

resources,
including
lands
of
the
public
domain under lease or concession suitable to

agriculture, subject to prior rights, homestead
rights of small settlers, and the rights of
indigenous communities to their ancestral
lands. The State may resettle landless farmers
and farmworkers in its own agricultural
estates which shall be distributed to them in
the manner provided by law.
URBAN LAND REFORM AND HOUSING

Sect. 9- The State shall, by law, and for the
common good, undertake, in cooperation with
the private sector, a continuing program of
urban land reform and housing which will
make available at affordable cost, decent
housing and basic services to under-privileged
and homeless citizens in urban centers and
resettlement areas. It shall also promote
Sect. 7- The State shall protect the rights of
adequate employment opportunities to such
subsistence
citizens.
fishermen,
especially
of
local
In
the
implementation
of
such
communities, to the preferential use of the
program the State shall respect the rights of
communal marine and fishing resources, both
small property owners.
inland and offshore. It shall provide support to

such
fishermen
through
appropriate
technology and research, adequate financial,

production, and marketing assistance, and
other services. The State shall also protect,
Sec.10- Urban or rural poor dwellers shall not

be evicted nor their dwelling demolished,
except in accordance with law and in a just
and humane manner.
develop, and conserve such resources. The


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No resettlement of urban or rural dwellers
shall
be
undertaken
without
adequate
consultation with them and the communities

where they are to be relocated.
Sec.
12-
The
State
shall establish
and
maintain an effective food and drug regulatory

system and undertake appropriate health,
manpower
development,
and
research,
responsive to the country's health needs and

problems.
4 Major Legislations for Environmental Law
10.
PD
1151
(PHILIPPINE
ENVIRONMENTAL POLICY)
11.
PD
1152
(PHILIPPINE
ENVIROMENTAL CODE)
12.
PD 984 (POLLUTION CONTROL
LAW)
13.
PD 1586 (ESTABLISHING AN
ENVIRONMENTAL
IMPACTSTATEMENT
SYSTEM,
INCLUDING
OTHER
ENVIRONMENTAL
RELATED
MANAGEMENT
MEASURES
AND
FOR
OTHER PURPOSES.)


2-Manresa 2012-2013
PD 1586 Case:
The RTC granted the writ of mandamus and
Republic of the Philippines vs. The City of
Republic vs. Alvarez, in his capacity as Sec.

of
Coverage. It ruled that there is nothing in the
LGUs to comply with the EIS law, as only

agencies and instrumentalities are mandated
to go through the EIA process for their
DENR
Facts: Alvarez filed an application for a
Certificate of Non-Coverage for its proposed
project, the Davao Artica Sports Dome, with
Environmental
Management
Bureau
(EMB), Region 11.

The EMB Region 11 denied the application on
ground that the proposed project was within
an environmentally critical area, and ruled
that
directed EMB to issue a Certificate of Non

EIA System guidelines which requires
Davao
the
under
the
Environmental
Impact
Statement System, the City of Davao must

undergo
assessment
the
(EIA)
environmental
process
to
impact
secure
an
Environmental Compliance Certificate (ECC),

before it can proceed with the construction of
its project
proposed projects which have significant effect

on the quality of the environment. A local
government unit, not being an agency or
instrumentality of the National Government, is
deemed excluded
Issue: Whether LGUs are covered by the EIA
System?
Decision:
The Local Government Code provides that it is
the duty of the LGUs to promote the peoples
right to a balanced ecology. Pursuant to this,
an LGU, like the City of Davao, cannot claim
exemption from the coverage of PD 1586. As a
body
politic
endowed
with
governmental
functions, an LGU has the duty to ensure the
Believing that it was entitled to a Certificate

of Non-Coverage, respondent filed a petition
for mandamus with the RTC of Davao alleging
that the proposed project was neither an
environmentally critical project nor within an
environmentally critical area, thus it was
outside the scope of the EIS system.
quality of the environment, which is the very

same objective of PD 1586.
Further, it is a rule of statutory construction
that every part must be read with other parts,
thus, the
TC in declaring local government units as
exempt from the coverage of the EIS law, failed
to relate


2-Manresa 2012-2013
Section 2 of PD 1586 to the several provision
Dome will not have a significant negative
of the same law.
environmental impact because it is not an

environmentally critical project and it is not
Section 4 of PD 1586 clearly states that no
located in an environmentally critical area.
person,
They submitted Certification from the City
partnership or corporation shall undertake or
Planning
operate any such declared environmentally
PHILVOLCS, CENRO-West in support thereof.
and
Development
Office,
critical project or area without first securing

an
Environmental
Compliance
Certificate
The Environmental Impact Statement System,
issued by the President or his duly authorized
which ensures environmental protection and
representative. Undoubtedly therefore, local
regulates
government units are not excluded from the
affecting the environment, was established by
coverage of PD 1586.
Presidential Decree No. 1586. Under Article II,
certain
government
activities
Section 1, of the Rules and Regulations

Sec. 1 stated that the policy of the State is to
Implementing PD 1586, the declaration of
attain an orderly balance between socio-
certain projects or areas as environmentally
economic
critical, and which shall fall within the scope
growth
and
environmental
protection.
of
the
Environmental
Impact
Statement
System, shall be by Presidential Proclamation.

The Whereas clause stresses that such is only
Pursuant thereto, Proclamation No. 2146 was
possible
integrated
issued proclaiming the following areas and
environmental protection program where all
types of projects as environmentally critical
the sectors of the community are involved, i.e.,
and within the
if
we
adopt
an
the government and the private sectors. The

local
government
machinery
of
units,
the
as
part
government,
of
scope of the Environmental Impact Statement
the
cannot
System established under PD 1586:
therefore be deemed as outside the scope of

the EIS system.
A. Environmentally Critical Projects

I. Heavy Industries
This however presuppose that a project, for
a. Non-ferrous metal industries
which
b. Iron and steel mills
an
Environmental
Compliance
Certificate is necessary, is environmentally
c. Petroleum and petro-chemical industries
critical or within an environmentally critical
including oil and gas
area. In the case at bar, respondent has
d. Smelting plants
sufficiently shown that the Artica Sports


2-Manresa 2012-2013
II. Resource Extractive Industries
6. Areas frequently visited and/or hard-hit by
a. Major mining and quarrying projects
natural calamities (geologic hazards, floods,
b. Forestry projects
typhoons, volcanic activity, etc.);
1. Logging
7. Areas with critical slopes;
2. Major Wood processing projects
8. Areas classified as prime agricultural lands;
3. Introduction of fauna (exoticanimals) in
9. Recharged areas of aquifers;
public/private forests
10. Water bodies characterized by one or any
4. Forest occupancy
combination of the following conditions;
5. Extraction of mangrove products
a. tapped for domestic purposes
6. Grazing
b. within the controlled and/or
c. Fishery Projects
protected areas declared by
1.
Dikes
for/and
fishpond
development
projects
appropriate authorities
c. which support wildlife and
fishery activities
III. Infrastructure Projects
11. Mangrove areas characterized by one or
a. Major dams
any
b. Major power plants (fossil-fueled, nuclear
combination of the following conditions:
fueled, hydroelectric or geothermal)
a. with primary pristine and dense
c. Major reclamation projects
young growth;
d. Major roads and bridges
b. adjoining mouth of major river

systems;
B. Environmentally Critical Areas
c. near or adjacent to traditional
1. All areas declared by law as national parks,
productive fry or fishing grounds;
watershed
d. which act as natural buffers
reserves,
wildlife
preserve
and
sanctuaries;
against shore erosion, strong winds and
2. Areas set aside as aesthetic potential
storm floods;
tourist spots;
e. on which people are dependent
3. Areas which constitute the habitat for any
for their livelihood.
endangered
12. Coral reefs, characterized by one or any
indigenous
or
threatened
Philippine
Wildlife
species
(flora
of
and
combinations of the following conditions:
fauna);
a. with 50% and above
4. Areas of unique historic, archaeological, or
live coralline cover;
scientific interests;
b. spawning and nursery
5. Areas which are traditionally occupied by
grounds for fish;
cultural communities or tribes;
c. which act as natural breakwater


2-Manresa 2012-2013
of coastlines.
Environmentally Non-Critical Projects. All
other projects, undertakings and areas not
declared by the President as environmentally
critical shall be considered as non-critical and
shall
not
be
required
to
submit
an
environmental impact statement. The

National Environmental Protection Council,
thru the
Ministry of Human Settlements may however
require non-critical projects and undertakings
to
provide
additional
environmental
safeguards as it may deem necessary.

The Artica Sports Dome in Langub does not
come close to any of the projects or areas
enumerated above. Neither is it analogous to
any of them. It is 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.

10

2-Manresa 2012-2013
PD
1151:
PHILIPPINE
ENVIRONMENTAL
POLICY
11
the environment so that is intergenerational

responsibility so like in the case of Factoran.
We will discuss the salient features of PD
And (c) to insure the attainment of an

environmental quality that is conducive to
1151.
a life of dignity and well-being.-***A quality

As early as 1970s at the time of Marcos meron
that is conducive to a life so like there is a
na tayong policy on the environment.
need for a clean and healthy environment and

there is dignity in ones person
Sec. 1-It is hereby the continuing policy of
Sec. 2. Goal- To use all practicable means,
the state-***Continuing-up to now the same
consistent
yung policy ng state.
considerations
with
other
essential
of
national
policy,
in
promoting the general welfare to the end

(a)
to
create,
develop,
maintain
and
that
the
Nation
may
(a)
recognize,
improve conditions under which man and
discharge and fulfill the responsibilities of
nature
each generation as trustee and guardian
can
thrive
in
productive
and
enjoyable harmony with each other,-***
of
Man and nature can thrive in productive and
generations,-***So
enjoyable harmony with each other-So there is
intergenerational responsibility. So hindi pa
no quarrel between man and nature because
nauso
merong
It
intergenerational responsibility kasi as early
sustainable
as 1970s meron na yan it is evidenced by PD
harmony
presupposes
between
policy
on
them.
development.
the
si
environment
Atty.
eto
Oposa
for
na
succeeding
naman
meron
na
yung
yang
1152 so it is not entirely true na si Oposa

talaga
ang
responsible
for
the
(b) to fulfill the social, economic and other
intergenerational
requirements
future
Pilipinas though sumikat siya dahil diyan at
generations of Filipinos,-***So if you are
naging international celebrity I know that
aware of intergeneration responsibility-to
because Atty. Oposa is my friend.
of
present
and
responsibility
concept
sa
preserve our environment for the generations

yet to come, we are here to preserve and
(b) assure the people of a safe, decent,
conserve the environment for the generations
healthful,
to come, tayo ang mag-proprotect we are not
environment, ***The environment is itself
here to destroy nor to exploit but to protect
aesthetic, there is art, there is artistry in the
productive
and
aesthetic
environment so nakita niyo yung mga natural


2-Manresa 2012-2013
wonders, yung mga sculptures created by
70s,
na-incorporate
nature, yung mga rock monuments mga
Constitution.
na
yan
12
sa
1987
korteng dinosaurs at kung anu-ano pa ang

In furtherance of these goals and policies,
mga itsura nila.
the Government recognizes the right of the

(c) encourage the widest exploitation of the
people to a healthful environment. It shall
environment
be the duty and responsibility of each
without
degrading
it,
or
endangering human life, health and safety
individual
to
contribute
or
preservation
and
enhancement
creating
conditions
adverse
to
agriculture, commerce and industry, (d)
to
the
of
the
Philippine environment-
preserve important historic and cultural

aspects of the Philippine heritage,
***Who has the duty? You would say the

government, No!!! If you would look at the
***Our natural resources itself constitute our
Philippine environmental policy, it is the duty
heritage itself. So under PD 1151 it is the
of each and every one. Lahat ng citizens ng
policy of the State to protect the cultural
Republic of the Philippines. It is our duty to
aspect of the Philippine heritage, part of our
contribute
heritage.
enhancement of our environment.
(e) attain a rational and orderly balance
Sec. 4. Environmental Impact Statements.
to
the
preservation
and
between population and resource use, and

(f) improve the utilization of renewable
Pursuant to the above enunciated policies
and non-renewable resources-
and
goals,
all
instrumentalities
agencies
of
the
and
national
*** As early as 70s we are talking about
government, including government-owned
renewable energy . Example ng renewable
or controlled corporations, as well as
energy wind energy, hydro-electrical, yan ang
private corporations firms and entities
trend right now.
shall prepare, file and include in every
Geothermal not dependent
on mineral fuels. In so far as non-renewable
action,
resources i-improve mo yun or i-preserve mo
significantly affects the quality of the
pa kung ano pa yung natitira pa sa lupa mo.
environment a detail statement on
Sec. 3. Right to a Healthy Environment.
(a)
the
project
or
undertaking
environmental
impact
which
of
proposed action, project or undertaking

*** You can find the right to a healthy
environment sa Constitution. So as early as

the

2-Manresa 2012-2013
13
(b) any adverse environmental effect which
be environmentally critical project and within
cannot be avoided should the proposal be
an environmentally critical area at hindi sila
implemented;
kumuha ng ECC which is required under PD

1586. Since it was already there, pinandigan
(c) alternative to the proposed action;
ko na, I said theres no need to secure an ECC
(d) a determination that the short-term

uses of the resources of the environment
are consistent with the maintenance and
enhancement of the long-term productivity
of the same; and
and to comply with PD 1586 because in the

first place: 1. Local government units are not
embraced with the scope of the law; 2. The
city is exempt from getting an ECC because it
is not an environmentally critical project and
it
(e) whenever a proposal involve the use of

depletable or non-renewable resources, a
finding must be made that such use and
commitment are warranted.
was
not
undertaken
within
an
environmentally critical area.

***So ang ginawa namin kumuha kami ng
Certificate of Non-Coverage or CNC which the
DENR refused to give. So we went to RTC and
***What are the mitigating measures to soften
the RTC sustained the decision of the City
the
the
government so the Sol. Gen. went up to the
government , yan yung EIS system. Under PD
Supreme Court and the SC decided that on
1151
and
the argument that LGUs are not covered, the
instrumentalities of the national government
SC said that ALL governmental units are
but it does not include the local government
covered.
units because under the Administrative Code,
instrumentalities
the term local government unit has a different
covered pero parang may judicial legislation
definition at hindi yan kasali diyan. So using
kasi inilagay ang LGUs. However, on the
the definition (local government unit under sa
issue, W/N the city government or the mayor
Administrative Code) in the case of Davao
violated the EIS law because they failed to
City vs DENR. It is about the Artica Sports
secure an ECC, sabi ng Supreme Court- the
dome, during the time, the city government
city is exempt in securing an ECC because the
started the project without undergoing the EIS
project
system, hindi sila kumuha ng ECC. Now the
environmentally critical project and it is not
opponents of then Mayor de Guzman filed a
undertaken within an environmentally critical
case against him and some other individuals
area. So it paved the way for the issuance of
for the violation of PD 1586.
Because they
CNC so there was no legal impediment for the
embarked on a project which is considered to
continuation but at that time, Ben de Guzman
impact
it
of
the
says-
undertaking
all
agencies
to
It
is
is
clear
including
not
now
that
all
the
LGUs
are
considered

as
an

2-Manresa 2012-2013
14
lost the elections so Mayor Duterte decided
Done in the City of Manila this 6th day of
not to continue the project notwithstanding
June in the year of Our Lord, nineteen
the clearance from DENR.
hundred and seventy-nine.
Before an environmental impact statement
***So as early as June 6, 1979 meron na
is issued by a lead agency, all agencies
tayong law for this and until now sinusunod
having
pa rin natin to.
jurisdiction
over,
or
special
expertise on, the subject matter involved

shall comment on the draft environmental
impact statement made by the lead agency
within thirty (30) days from receipt of the
same.
Section
5. Agency
different
agencies
Guidelines. The
charged
with
environmental protection as enumerated

in Letter of Instruction No. 422 shall,
within sixty (60) days from the effectivity
of this Decree, submit to the National
Environmental Protection Council (NEPC),
their
respective
guidelines,
rules
and
regulations to carry out the provisions of

Sec. 4 hereof on environmental impact
assessments and statements.
Section
6. Repealing
Presidential
Decrees,
Clause. All
executive
Acts,
orders,
rules and regulations or parts thereof

which are inconsistent with the provisions
of
this
Decree
are
hereby
repealed,
amended or modified accordingly.

Section 7. Effectivity. This Decree shall
take effect immediately.


2-Manresa 2012-2013
PD
1152:
PHILIPPINE
ENVIRONMENTAL
CODE
in Manila. One indication
15
is that maraming
nagkakasakit or makikita mo yan sa katawan

like nahihirapan kang huminga like you are
***Medyo detalyado ito, Ano itong Philippine
on the plane, makikita niyo before you landing
Environmental Code? The establishment of
kung gaano ka-polluted yung Maynila but
specific environment management policies
supposedly meron dapat tayong air quality
and
management.
prescribing
environment
quality
standards in a Philippine Environment

Code. So the Philippine Environment Code
(b)
actually
an
practicable, injury and/or damage to plant
environmental quality standards. Yan ang
and animal life and property, and promote
Philippine Environment Code, so ano yung
the social and economic development of
mga standards na yan?
the country.
TITLE I: AIR QUALITY MANAGEMENT
***The growth of plants even yung animals
establishes
quality,
to
prevent
naapektuhan
***What are the purposes?
to
din
the
sila
greatest
some
extent
plants
are
stunted, the growth is stunted, maliit pa
(a) to achieve and maintain such levels of

air quality as to protect public health; and
***Levels of air quality so theres a standard of
minute particulates in the air. I remember
when I was in college nasa Maynila ako, may
namumunga na (na-ahat siya) it will bear fruit

then it will wither then it will die. So kung
ganon sa plants, ganon din sa tao bata pa
pero parang matanda na.
***Ano yung standards ng air quality?
nakikita akong billboard kung saan nakalagay
Sec.
kung gaano karami yung particulates sa
Standards. There
environment
is
ambient air quality standards which shall
polluted or not so everybody will know so if
prescribe the maximum concentration of
you will pass by that billboard in Cubao
air
makikita mo doon kasi malaki yun so it will
atmosphere consistent with public health,
really catch your attention so makikita mo
safety and general welfare.
to
determine
whether
it
3. Ambient
pollutants
shall
Air
Quality
be
established
permissible
in
the
doon yung level of air standards kasi may

indication doon kung sumobra nab a siya.
In
the
establishment
Pero parang tinanggal na I dont know why
quality standards, factors such as local
mas maganda sana yun so everybody would
atmospheric conditions, location and land
know the quality of air we breathe especially

of
ambient
air

2-Manresa 2012-2013
16
use, and available technology, shall be
application of best available technology
considered among others.
and the cost of compliance.
Sec.
4. National
Standards. There
Emission
shall
be
established
The Installation of any noise-producing

equipment
shall
conform
with
the
national emission standards for new and
requirements of Presidential Decree No.
existing stationary and mobile sources of
1096 and other applicable laws as well as
pollution
their implementing rules and regulations.
which
shall
consider
among
others such factors as type of industry,

practicable control technology available,
Sec.
7. Aircraft
Emission
and
Sonic
location and land use, and the nature of
Booms. Appropriate government agencies
pollutants emitted.
shall encourage research studies on the

harmful effects of aircraft emissions in
Sec.
5. Community
Standards. Appropriate
community
established
location,
noise
standards
levels
considering,
zoning
Noise
shall
among
and
land
for
the environment in order to establish

permissible emission standards.
be
others,
use
Research
studies
shall
also
be
undertaken to mitigate and/or minimize

the
classification.
and
effects
of
sonic
booms
in
the
environment.
Sec.
6. Standards for Noise-Producing
Equipment. There shall be established a
***Lahat
standard for noise producing equipment
Standards for noise-producing equipments
such
equipment,
like jackhammers. I remember, I was told,
stationary
who are familiar with SNR? Diyan nag-
electronic
shoshopping yung mga high-end shoppers.
equipment and such similar equipment or
Everybody is happy about the proposed SNR
contrivances. The standards shall set a
and it is now on construction pero ang sabi
limit on the acceptable level of noise
nila na-stop ang construction. Why? Because
emitted from a given equipment for the
of noise pollution. Yung subdivision near SNR
protection of public health and welfare,
nagrereklamo na kasi gusto ng SNR ng
considering among others, the magnitude
magpile nang magpile kasi hindi pa nila na-
and condition of use, the degree of noise
rereach ang desired depth na gusto nila so
reduction
araw gabi yun at yung mga tao hindi na
as
construction
transportation
engines,
and
equipment,
electrical
achievable
or
through
the
yan
are
actually
standards.
makatulog dahil sa sobrang ingay . Probably

those residents filed a complaint thats why


2-Manresa 2012-2013
17
the construction is temporarily stopped. Then
air quality emission and noise standards,
nakausap ko yung isa sa mga contractors,
including the monitoring and surveillance
sabi niya the construction will resume after
of air pollutants, licensing and permitting
ma-install
of air pollution control facilities, and the
yung
machine
pile
that
will
minimize the noise.
promulgation of appropriate rules and

regulations.
***Itong aircraft emissions and sonic booms. I

dont know if naabutan niyo yan pero I guess
Existing air quality emission and noise
naabutan niyo yung BAK 11(?) na eroplano.
standards may be revised and/or modified
In the earlier planes of Cebu Pacific, yung mga
consistent
luma (BAK 11(?)) Kapag dumating yan at
technology.
with
new
development
and
kapag nag-take-off yan napakaingay but they

are not being used anymore yung mga BAK
Sect. 9. Aircraft Noise. Community noise
11(?) kasi hindi siya makapasa sa noise
standards
standards. Pero I was really surprised kasi
implemented
these planes yung BAK 11(?) at DC 9 (?) are
Administration in coordination with the
not used in Philippines but they are used
National Pollution Control Commission.
outside of the Philippines kasi during one of

my trips abroad, from France to Italy, nakita
ko na ginagamit pa pala ang mga ito dito pero
hindi na ito ginagamit sa Pilipinas so yung
standard nila mas maliit so mas mas okay pa
pala tayo dito sa Pilipinas kasi mas mataas
ang ating standards. In fact, in the Philippines
we have the youngest fleet of planes sa buong
mundo.
II
Regulation and Enforcement

Sec.
8. Air
Quality
by
airports
the
Civil
shall
be
Aeronautics
Sec. 10. Vehicular Emissions. The Land

Transportation
Commission,
in
coordination with the National Pollution

Control
Commission,
shall
implement
emission standards for motor vehicles and

may
deputize
other
appropriate
law
enforcement agencies for the purpose.

Sec.
Chapter
around
11. Radioactive
Emissions. The
release and emission of radioactivity into

the
environment
incident
to
the
establishment or possession of nuclear

and
Noise
energy
facilities
and
radioactive
Standards. The National Pollution Control
materials,
Commission
with
production, storage, use and disposal of
appropriate government agencies shall be
radioactive materials shall be regulated
responsible for the enforcement of ambient
by
in
coordination
the
handling,
Philippine

Atomic
transport,
Energy

2-Manresa 2012-2013
18
Commission in coordination with other
seeding experiments shall be undertaken
appropriate government agencies.
in consultation and/or in coordination

with
Chapter
III
Monitoring
Sec.
the
Geophysical
Philippine
and
Atmospheric,
Astronomical
Service
Administration.
12. Air
Quality
Monitoring. The
***PAG-ASA. We have the oldest weather
National Pollution Control Commission, in
equipments. I remember the former chief of
coordination with appropriate government
PAG-ASA, he was removed because the PAG-
agencies, shall establish to the greatest
ASA failed to foretell the coming of a typhoon
extent
quality
so he was removed by the president only to
quality
find out (by the president himself) na medieval
monitoring network shall put to maximum
pa yung mga equipments so bumili sila nga
use the capabilities of these agencies.
bago.
practicable
monitoring
network.
an
air
Such
air
**Monitoring, theres a need for air monitoring.

So who is supposed to monitor? The NPCC in
coordination
with
appropriate
government
agencies, shall establish to the greatest extent

practicable an air quality monitoring network
but this is not actually done.
The
National
Who
can
accurately
predict
the
weather? Wala naman diba? Even the US. So

sabi nila, predicting weather is like also
predicting a mind of a woman. If you cant
predict the mind of a woman you cannot also
predict the weather.
TITLE II: WATER QUALITY MANAGEMENT
Environmental
Protection
Council shall be furnished with the results
***Meron
tayong
Clean
Water
Act
pero
actually ito na yun.
of air quality monitoring activities.

Sec. 14. Purpose. It is the purpose of this
Sec.
13. Weather
Modification. The
Title to prescribe management guidelines
Philippine Atmospheric, Geophysical and
aimed to protect and improve the quality
Astronomical
Services
Administration
of Philippine water resources through:
shall
regularly
meteorological
monitor
factors affecting environmental conditions
(a)
classification
of
Philippine
waters;
in order to effectively guide air pollution
***Meron na tayo niyan, meron na tayong map
monitoring activities.
of rivers all over the Philippines on the

classification of such waters. Meron yan silang
Activities relating to weather modification
grade. Like yung river na ito, eto ang kaniyang
such as rainfall stimulation and storm
river 123 or 4 like can it be used for drinking


2-Manresa 2012-2013
19
or para saan it puwedeng gamitin like puwede
(b) the size, depth, surface area covered,
ba itong pang-recreation, pang-industrial etc.
volume, direction, rate of flow, gradient of

stream; and
(b)
establishment
of
water
quality
standards;
(c) the most beneficial uses of said bodies

of water and lands bordering them for
(c) protection and improvement of the
residential,
quality of the Philippine water resources,
industrial, navigational, recreational, and
and
aesthetic purposes.
(d) responsibilities for surveillance and
Sec. 16. Reclassification of Waters Based
mitigation of pollution incidents.*** Wala
on
tayo niyan although sinasabi nila that the
public interest so requires, the National
ENP monitors all our waters in their respective
Pollution
areas
nila
coordination with appropriate government
ginagawa yan what they do is that they just
agencies, shall reclassify a body of water
act if theres an incident pero on their own di
based on the intended beneficial use and
talaga nila ginagawa yan.
take such steps as may be necessary to
of
responsibilities
pero
hindi
Chapter
Classification and Standards

Sec.
15. Classification
Waters. The
Commission,
National
in
of
Philippine
Pollution
Control
coordination
with
classify Philippine waters, according to

best
usage.
In
classifying
waters, the
National Pollution
Commission
shall
take
Intended
Beneficial
Control
commercial,
Use. Where
Commission,
the
in
upgrade the quality of said water. Other

government agencies may adopt higher
standards for a particular body of water,
appropriate government agencies, shall

their
agricultural,
into
said
Control
account,
among others, the following:

(a) the existing quality of the body of water
at the time of classification;
subject to the approval of the National

Pollution Control Commission.
Sec.
17. Upgrading
of
Water
Quality. Where the quality of water has

deteriorated to a degree where its state
will adversely affect its best usage, the
government agencies concerned shall take
such measures as may be necessary to
upgrade the quality of such water to meet
the prescribed water quality standards.
Sec.
18. Water
National
shall
Quality
Pollution
prescribe
Standards. The
Control
quality

Commission
and
effluent

2-Manresa 2012-2013
standards consistent with the guidelines
Environmental
set
Environmental
furnish the latter with such information as
Protection Council and the classification
may be necessary to enable it to attain its
of waters prescribed in the preceding
objectives under Presidential Decree No.
sections, taking into consideration, among
1121.
by
the
National
Protection
20
Council
and
others, the following:

Sec.
20. Clean-up Operations. It shall be
(a) the standard of water quality or purity
the
responsibility
may vary according to beneficial uses; and
contain,
remove
of
the
and
polluter
clean
up
to
water
pollution incidents at his own expense. In

(b)
the
technology
relating
to
water
pollution control.
agencies
Chapter
Protection
II
and
Improvement
of
Water
Quality
Sec.
19. Enforcement
and
storage and distribution of hazardous, toxic

and other substances such as radioactive
heavy
metals,
fertilizers,
and
oils,
discharge
and
dumping
wastewater,
concerned
containment,
shall
removal
undertake
and
clean-up
operations and expenses incurred in said

operations shall be charged against the
persons and/or entities responsible for
Coordination. The production, utilization,
materials,
case of his failure to do so, the government
mine
and
tailings
pesticides,
the
of
disposal,
untreated
and
other
substances that may pollute any body of

water of the Philippines resulting from
normal operations of industries, waterborne 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 performance of the
above functions, the government agencies
such pollution.
Sec. 21. Water Quality Monitoring and
Surveillance. The
various
government
agencies concerned with environmental

protection shall establish to the greatest
extent
practicable
water
quality
surveillance and monitoring network with

sufficient stations and sampling schedules
to meet the needs of the country. Said
water quality surveillance network shall
put to maximum use the capabilities of
such government agencies. Each agency
involved in such network shall report to
the
National
Environmental
Protection
Council the results of these monitoring

activities
as
the
need
naman nila ginagawa yan.
concern shall coordinate with the National

arises. ***Hindi

2-Manresa 2012-2013
***We also have land use management.
enforcing agencies of the government shall

take
TITLE III: LAND USE MANAGEMENT
are:
to
provide
efficient
rational,
acquisition,
orderly
utilization
and
and
disposition of land and its resources in

order
to
derive
therefrom
into
economic,
Sec. 22. Purpose. The purposes of this Title
(a)
21
maximum
benefits; and
consideration
geographic
environmental
the
and
social,
significant
impact
of
said
establishments.
***Supposedly,
there
comprehensive
zoning
should
be
ordinance.
a
Why
comprehensive? Kasi dapat ma-identify mo

kung
ano
yung
industrial,
residential,
commercial etc. But in Davao City we dont

have one. But we have SPOT Zoning katulad
(b) to encourage the prudent use and
sa isa may residential, commercial, industrial
conservation of land resources in order to
sa kabila meron na naman, spot nga. Others
prevent
would say, its pocket zoning. It is very ideal
and
imbalance
between
the
that all industries should be placed in one
nation's needs and such resources.
location para alam mo kung saan ka mag***Ito yung pinaka-importante dito kaya nga
iinvest at saan mo ilalagay ang factory mo the
meron tayong land management bureau. Ano
same as residential.
yung imbalance? Ito yung brought about by

different uses of lands yung mga agricultural
***Ironic situation: HOLCIM-At the time that
use, yung residential. Our population is
HOLCIM was established there, wala pang
growing,
to
mga residents diyan but because of the
agriculture nababawasan yan so anong lupa
employees they were allowed to built their
ang gagamitin natin for agriculture? Wala! The
houses near HOLCIM, right now the residents
agricultural production becomes smaller and
are complaining at gusto na nilang paalisin
smaller as our need for residential lots grow.
ang HOLCIM kasi daw nakaksira sila sa
So whats the objective of land management?
environment at naapektuhan sila.
yung
mga
lands
devoted
To create the balance between the needs and

the development.
Sec.
24. Location
maiiwasan natin yung mga sitwasyon na

of
Industries. In
the
location of industries, factories, plants,

depots
and
establishments,
***But if we have that zoning ordinance
similar
the
industrial
regulating
or
ganyan.
TITLE
IV:
NATURAL
RESOURCES
MANAGEMENT AND CONSERVATION


2-Manresa 2012-2013
Sec.
25. Purposes. The purposes of this
22
resources may include, but shall not be
Title are:
limited to, the following:
(a) to provide the basic policy on the
(a) undertaking manpower and expertise
management
development;
and
conservation
of
the
country's natural resources to obtain the

optimum
benefits
preserve
the
therefrom
same
for
and
the
to
future
generations; and
(b) acquiring the necessary facilities and

equipment;
(c) regulating the marketing of threatened
(b) to provide general measures through

which the aforesaid policy may be carried
out effectively.
species of fish or other aquatic resources;

(d)
reviewing
all
existing
rules
and
regulations on the exploitation of fisheries
***We are talking here about sustainable
and aquatic resources with a view of
development so we have to preserve our
formulating guidelines for the systematic
natural
and effective enforcement thereof; and
resources
generation.
for
the
future
Conservation means to use
only what we need.
(e) conserving the vanishing species of fish

and aquatic resources such as turtles, sea
Chapter
snakes, crocodiles, corals, as well as

maintaining the mangrove areas, marshes
Fisheries and Aquatic Resources
and inland waters, coral reef-areas and

Sec. 26. Management Policy. The National
islands serving as sanctuaries for fish and
government, through the Department of
other aquatic life.
Natural
Resources,
shall
establish
system of rational exploitation of fisheries
Chapter
and
Wildlife
aquatic
resources
within
the
Philippine territory and shall encourage

citizen participation therein to maintain
and/or
enhance
the
optimum
and
continuous productivity of the same.

Sec.
27. Measures
for
National
II
Sec. 28. Management Policy. The national

government through the Department of
Natural
system
Resources,
of
conservation
shall
rational
of
establish
exploitation
and
wildlife resources and
Exploitation. Measures for the national
shall encourage citizen participation in
exploitation of fisheries and other aquatic
the maintenance and/or enhancement of

their continuous productivity.


2-Manresa 2012-2013
Sec.
29. Measures
for
Rational
resources at maximum productivity at all
rational
time.
Exploitation. Measures
for
exploitation
resources
of
wildlife
23
may
include, but shall not be limited to, the
Sec.
31. Measures
for
Rational
following:
Exploitation of Forest Resources. Measures

for the rational exploitation of forest
(a) regulating the marketing of threatened
wildlife resources.
limited to, the following:
(b)
reviewing
all
existing
rules
and
regulations on the exploitation of wildlife

resources
with
view
of
(a) regulating the marketing of threatened

forest resources;
formulating
guidelines for the systematic and effective
(b)
reviewing
enforcement thereof; and
regulations on the exploitation of forest

resources
all
with
existing
view
of
rules
and
formulating
(c) conserving the threatened species of
guidelines for the systematic and efficient
fauna,
enforcement thereof;
increasing
their
rate
of
reproduction, maintaining their original

habitat,
habitat
manipulation,
(c) conserving threatened species of flora
determining bag/creel limits, population
as
control in relation to the carrying capacity
propagation; the banning of destructive
of
modes of exploitation, kaingin making or
any
given
area,
banning
of
well
as
increasing
cultivation,
their
rate
of
indiscriminate and/or destructive means
shifting
indiscriminate
of catching or hunting them.
harvesting of minor forest products the

recycling methods of waste materials, and
Chapter
III
(d) carrying out a continuing effect on
Forestry and Soil Conservation
reforestation; timber stand improvement;

Sec.
30. Management
Forestry. The
through
Policy
national
the
Department
for
forest
protection;
land
government,
forest
occupancy
management;
agri-
of
silviculture;
management;
agri-
Natural
range
classification;
Resources, shall undertake a system of
silvicultural/kaingin
rational exploitation of forest resources
industrial
and shall encourage citizen participation
wildlife management; multiple use forest;
therein
timber management and forest research.
to
keep
the
country's
forest
tree
plantation;

management;
parks
and

2-Manresa 2012-2013
Sec.
32. Use
Pesticides. The
pesticides
of
use
in
Fertilizers
of
fertilizers
agriculture
shall
24
and
(a) the control of soil erosion on the banks
and
of rivers, the shores of lakes, and the
be
seashores;
regulated prescribing therefor a tolerance

level in their use. Their use shall be
(b) the control of flow and flooding in and
monitored
from rivers and lakes;
by
appropriate
government
agencies to provide empirical data for

effective
regulation.
***Fertilizers
and
pesticides are supposed to be monitored but

sad to say wala rin.
Sec.
Conservation. The
the
Resources
purposes of this Section shall mean forms

of water, but shall not include captive
water;
33. Management
through
(c) the conservation of water which, for
Policy
national
the
Soil
government,
Department
and
on
of
Natural
Department
of
(d) the needs of fisheries and wildlife and

all other recreational uses of natural
water;
Agriculture, shall likewise undertake a
(e)
soil
including
diversion, taking, and use of natural
therein the identification and protection
water, so far as any such act may affect
of
the quality and availability of natural
conservation
program
critical
encouragement
watershed
of
scientific
areas,
farming
measures
to control the damming,
water for other purposes; and
techniques, physical and biological means

of soil conservation, and short-term and
(f)
measures
to
stimulate
long-term researches and technology for
matters relating to natural water and soil
effective soil conservation.
conservation
and
the
research
application
in
of
knowledge thereby acquired.

Chapter
IV
Flood Control and Natural Calamities
***You see theres flood control program. One

of the ways to prevent floods is to preserve the
Sec.
34. Measures
Program. In
in
addition
Flood
to
the
Control
natural catch basins kasi diyan napupunta
pertinent
yung mga tubig pero ang ginagawa because of
provisions of existing laws, the following
rapid development tinatabunan nalang.
shall
saan
be
included
in
soil
erosion,
sediment and flood control program;
na ngayon
pupunta ang
So
tubig? It
supposedly go to the lowest portion. Like in

Davao
City-Torres,
Obrero,
Boulevard,
Laverna Hills, etc. The best example here is


2-Manresa 2012-2013
25
yung bagyo sa Maynila yung umapaw yung
***Nuclear power plant, we have Bataan
Marikina River tapos may subdivision doon,
nuclear power plant which was built during
zero talaga maraming namatay kasi yung area
the time of Marcos. But at the time of Cory,
na yun ay natural catch basin.
she immediately abolished the Department of

Energy and I was in that department. During
Sec. 35. Measures to Mitigate Destructive
that time we experienced a lot of brown outs
Effects
national
at such effects are experienced til now kasi
Philippine
napabayaan kasi ang argument nila ang
and
department na yun daw ang isa sa pinaka-
Administration,
corrupt but I would say that such agency was
shall promote intensified and concerted
the most effecient during the time of Marcos
research efforts on weather modification,
kasi walang mga brown out but napabayaan
typhoon,
storm
and now they are planning to revive it pero
natural
maraming ayaw kasi natatakot silang matulad
of
Calamities. The
government,
through
Atmospheric,
Geophysical
Astronomical
surge,
the
Services
earthquake,
and
other
tsunami,
tropical
phenomena in order to bring about any
sa Japan or yung nangyari sa Russia.
significant effect to mitigate or prevent

destructive
effects.
***Typhoon
Pablo-
***The trend right now is to go into to the use
matagal siyag nakalabas in fact bumalik pa
of renewable energy. There is a form of
nga siya diba eh.
compensation dito on renewable energy, this

is
an
international
law.
This
so
called
compensation, you use this much energy, you

save this much energy thats an equivalent
into saving our environment.
Chapter
Energy Development
Section
protection
37. Measures
for
Energy
Development.
36. Policy. Consistent
environmental
Sec.
with
the
policies,
the
national government, through the Energy

Development Board, shall undertake an
Measures for energy development program

may include, but shall not be limited to,
the following:
energy development program encouraging
(a) setting up of pilot plants utilizing
the utilization of invariant sources such
invariant sources of energy;
as solar, wind and tidal energy.

(b) training of technical personnel for
purposes of energy development; and


2-Manresa 2012-2013
(c)
conducting
developing
researches
technology
aimed
for
26
at
***Ang ginagamit natin for our basic water
energy
need is for example the Davao City Water
development.
District is yung ground water but as early as

now they are considering the possible usage of
Sec.
38. Safety
Energy
surface water kasi nauubos na yung ground
Development. Rules and regulations shall
water natin and the most viable surface water
be promulgated to prevent or mitigate the
is found at Tamugan river but it is being
adverse effects of energy development on
contested by Aboitiz and the DCWD on the
the environment. For this purpose, all
use of the water. But I like to add to that now;
nuclear powered
they were able to come up with a solution to
utilizing
owned
Measures
plants
geothermal
or
on
exploring and
energy,
controlled
by
whether
private
such problem.
or
government entities shall:
***Theres an article about the control of the

sources of water and the next world war would
(a)
observe
internationally
accepted
standards of safety; and
be about who has control over water resources

because it is believed that water in the future
(b) provide safety devices to ensure the

health and welfare of their personnel as
well as the surrounding community.
would be scarce. Diyan mag-away-away, that

would be the cause of the next world war.
Chapter
Chapter
VI
VII
Mineral Resources
Conservation and Utilization of Surface
***Theres a bill now pending in Congress
and Ground Waters
making Davao city mining-free if that would
Sec. 39. Management Policy. In addition to

existing laws, the national government
through the National Water Resources
Council
in
coordination
in the Philippines. Walang mining sa Davao

City.
other
***Ang trending talaga is to go mining. We
appropriate government agencies, shall
extract our resources. It is just a matter of
prescribe measures for the conservation
how you manage it, kung paano mo kukunin
and
of
etc. Kaya nga nilagay yan diyan ng Panginoon
Philippine water resources and provide for
so man should use it but it should be used in
the prevention, control and abatement of
accordance with the needs.
improvement
of
the
with
be passed, Davao City would be the first one
quality
water pollution.


2-Manresa 2012-2013
Sec.
40. Management
national
government,
27
Policy. -
The
(c) regulating the exploitation of identified
through
the
mineral reserves;
Department of Natural Resources, shall

undertake a system of gainful exploitation
(d)
and rational and efficient utilization of
undiscovered mineral deposits; and
mineral resources and shall encourage

citizen participation in this endeavor.
***This became effective during the time of
Marcos. During the time of Marcos, ine-
(e)
accelerating
the
encouraging
the
exploration
establishment
of
of
processing plants for refined metals.

TITLE V: WASTE MANAGEMENT
encourage niya yung participation yung mga
***Waste management-it is also a problem
under the social justice system, yung sinasabi
here in Davao City. We generate a lot of waste.
nilang backyard mining in order to support
Hindi lang waste on our households, on our
the livelihood program ng government but the
offices but the bigger problem is the waste
problem is that these small-scale miners are
generated from the hospitals they are highly
left on their own and they conduct mining
communicable, walang waste disposal system
operations on their own without the guidance
ang mga hospital though sa kanila merong
of the government. So pollution dito pollution
segregation but it is only up to that. How do
doon then the problem became bigger and
we dispose of them? Zero! Why? 1. Lack of
bigger .
initiative from the government to implement
Sec. 41. Measures for Exploitation and

Utilization of Mineral Resources. Measures
for the gainful exploitation and rational
and efficient utilization of such mineral
limited to the following:
mineral resources technology;

training
of
additional
Wala tayong technology- even if gusto ng mga

hospitals but they are incapable because they
are busy running the hospitals . But right
now, the PAB is really looking forward that
such system would be implemented in the
next five years.
(a) increasing research and development in
(b)
the laws. 2. Sa local, wala tayong facilities. 3.
***In Davao city, we are supposed to have a

waste
technical
segregation,
basurahan
and
we
meron
tayong
mga
were
provided
with
manpower needed in geology, geophysics,
thousands of recycle bins how many years ago
mining engineering, and related fields;
pero ngayon parang wala na kasi yung ibang

magagaling na mga Pilipino ninanakaw at
dinadala nila sa bahay nila, yung ibang


2-Manresa 2012-2013
industries dinadala nila sa mga yarda nila.
Sec.
Tapos meron tayong color coding even meron
Programs. Preparation
tayong
implementation
color
coding
biodegradable)
(non-
of
and
waste
management
program shall be required of all provinces,
Even the segregation starts at home the
cities and municipalities. The Department
problem began at the transport pagdating
of
doon
then
Development shall promulgate guidelines
pagdating sa tambakan iniisa lang nila so
for the formulation and establishment of
useless. There is no technical support from
waste management programs.
the ENB.
truck
green
black
Management
(biodegradable).
sa
and
like
43. Waste
28
iniisa
nalang
nila
Local
Government
and
Community
The ENB is supposed to take a
strong lead at this waste segregration program
***The agency responsible for this would be

the LGUs. Actually meron nay an siya but it is
pero wala pa rin.
not actually being enforced. Tapos yung

Sec.
42. Purpose. The
purposes
of
this
Title are:
initiative
nalang,
nawala
na
supposedly
ngayaon
it
should
kahit
be
ano
MWF-
biodegradable tapos TTH-non-biodegradable

(a) to set guidelines for waste management
tapos hindi nila kukunin yung basura mo sa
with a view to ensuring its effectiveness;
hindi takdang araw pero ngayon wala, sa
(b) to encourage, promote and stimulate

technological, educational economic and
social efforts to prevent environmental
damage and unnecessary loss of valuable
resources of the nation through recovery,
amin once a week lang so pinag-isa nila yung

bio at non-bio, binubuhos lang nila sa truck
tapos yung mga basurero sinesegregate nila
yung puwede pang-marecycle tapos binebenta
nila.
recycling and re-use of wastes and waste
Every
products; and
include the following:
(c) to provide measures to guide and
(a) an orderly system of operation consistent
encourage
with the needs of the area concerned;
appropriate
government
waste
management
program
shall
agencies in establishing sound, efficient,

comprehensive
and
effective
waste
management.
(b) a provision that the operation will not

create pollution of any kind or will constitute
public nuisance;
Chapter
Enforcement and Guidelines
(c) a system for a safe and sanitary disposal of

waste;


2-Manresa 2012-2013
29
(d) a provision that existing plans affecting the
chimney yan doon sa chimney ini-emit yung
development, use and protection of air, water
smoke. Nawala ito ngayon yung incineration
or natural resources shall be considered;
but the irony of it under Clean Air Act- it bans

incineration
but
it
allows
traditional
(e) schedules and methods of implementing
incineration-yung siga sa bahay. They say,
the development, construction and operation
kung ipunin mo yang mga siga ng buong
of the plan together with the estimated costs;
Pilipinas
and
plants, yung mga effluents, yung smoke, mas
(f) a provision for the periodic revision of the

program
to
ensure
its
effective
implementation.
Sec.
Each
municipality
facilitate
shall
the
incineration
smoke galing sa mga incineration plant.
of
province,
provide
collection,
Local
city
or
measures
to
transportation,
dispos.al shall be by sanitary landfill,

incineration,
Sec.
governments,
government
agencies
with
concerned.
this
other
46. Sanitary
Landfills. Local
including
private
individuals, corporations or organizations
government
shall
may
subsidy,
local
landfills. Any entity proposing to operate
governments upon request made through the
a sanitary landfill shall submit to the
National Environmental Protection Council
appropriate
and subject to such terms and conditions as
operational work plan showing, among
the latter may provide.
other things, a map of the proposed work
provide
the
national
For
other
and
government authority.
in
coordination
composing,
methods as may be approved by competent
jurisdiction
the
those
sobra pa yang smoke na yan kaysa mga
processing and disposal of waste within its
purpose,
to
Sec. 45. Solid Waste Disposal. Solid Waste
44. Responsibility
Governments.
compared
necessary
Chapter
to
II
Methods of Solid Waste Disposal
operate
location,
one
or
more
government
disposal
areas
sanitary
agency
for
an
rubbish,
garbage, refuse and other waste matter;

and the equipment or machinery needed to
***Ano yung methods of waste disposal? Later
accomplish its operations. In no case shall
on we will discuss on Clean Air Act. So we
landfill
have solid waste disposal, sanitary landfill,
Section be located along any shore or
incinerations-actually sa Clean Air Act nawala
coastline, or along the banks of rivers and
na itong incinerations. Yung incineration is
streams. lakes throughout their entire
or
work
locations
yung sinussunog yung mga basura tapos may

under
this

2-Manresa 2012-2013
with
the
30
length, in violation of any existing rules
consultations
government
and regulations.
agencies concerned with respect to the

effects of such dumping to the marine
Sec.
47. Incineration
and
Composting
environment and navigation.
Plants. The installation and establishment

of incineration or composting plants, or
the alteration/modification of any part
thereof shall be regulated by the local
governments
with
concerned
the
National
in coordination
Pollution
Control
Commission.
Sec. 48. Disposal Sites. The location of
solid waste disposal sites shall conform
with existing zoning; land use standards,
and pollution control regulations.
Sec. 49. Dumping into the Sea and Other
Navigable
Waters. The
dumping
or
disposal of solid wastes into the sea and

any body of water in the Philippines,
including
where
shorelines
these
washed
into
wastes
the
and
river
banks,
are
likely
to
water
is
be
prohibited.
However, 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 Philippine Coast Guard

and
the
National
Pollution
Control
Commission.
Government agencies and private entities
which
are
management
undertaking
solid
waste
programs
shall
make


2-Manresa 2012-2013
PD
1586:
ESTABLISHING
31
AN
put up some mitigating measures so the
STATEMENT
impact to the environment is lessen, lessen to
OTHER
a tolerable degree, there are standards kung
ENVIRONMENTAL MANAGEMENT RELATED
hanggang saan lang ang puwede. Yan ang
MEASURES AND FOR OTHER PURPOSES.
objective ng EIS System.
***What is the EIS? PD 1586 or otherwise
Discussion
known as Environmental Impact Statement
consequences upon the human welfare as
System xxxxx.
well as the ecological and environmental
ENVIRONEMTAL
SYSTEM,
IMPACT
INCLUDING
of
the
direct
or
indirect
integrity.
***What is the rationale of this law? The
necessity
and
***Ano yung direct at yung indirect? Sabi nga
institutionalizing of a system whereby the
if you get the ecological footprint of a tree from
exigencies of socio-economic undertakings
the time na tinanim yan hanggang sa time
can be reconciled with the requirements of
lumaki at putulin yan, so ano ang direct
environmental quality. So dapat i-reconcile
reason niyan? Siguro yung economic value
mo
niya. What is the economic value of a tree?
yung
of
establishing
dalawa.
Industry
vs.
the
environment, ano ang median diyan? The EIS
70 pesos per board foot
system is aimed at finding the line of best fit
board feet yung tree, yun yung kaniyang
(?) ilalagay mo yung industry diyan pero you
economic value. How about yung other value?
make sure that the impact on the environment
Yung mga hindi puwedeng i-quantify through
is mitigated. Hindi masyadong destructive sa
money, ano yung puwedeng mawala? Sige
environment. Yan ang short na rational about
daw!! For example pinutol mo yung isang full
PD 1586.
grown tree, ilang ibon ang namamahay diyan?

Diba
mawawalan
sila
times kung ilang
ng
bahay?
Ilang
Section 1. Policy. It is hereby declared the
butterflies
policy of the State to attain and maintain
bulaklak? I-mumultiply mo yan o bees kaya
a rational and orderly balance between
na namumugad diyan? Yung mga uod na
socio-economic growth and environmental
nakatira sa roots ng kahoy na yan. So can you
protection.
quantify that? Isang kahoy lang yan, paano na
***When we say noh about environmental

protection, it does not mean that we should
live in caves noh, we should allow ourselves to
grow but not to destroy the environment or
ang
gumagamit
sa
kniyang
kaya kung ektarya ektarya , so can you

imagine the possible effects to the plants, the
animals pati na rin sa human beings. Kaya
nga sabi nila di mo talaga ma-quantify yan.
kung merong industry na nakakasira diyan,


2-Manresa 2012-2013
***Ano
yung
Environmental
Impact
Section
9.
Penalty
for
Violation.
32
Any
Statement Assessment? Ano ang i-aassess
person, corporation or partnership found
mo
diyan?
To
environmental
social
factors
identify
the
important
violating Section 4 of this Decree, or the
consequences
including
terms and conditions in the issuance of
the
the Environmental Compliance Certificate,
projects that may be done. ***Ano yung
or of the standards, rules and regulations
social factors? Ilang tao ang nakatira diyan?
issued
Sino ang nakatira diyan? Kapag itinayo mo
Protection Council pursuant to this Decree
yung project mo diyan ilang tao ang madi-
shall be punished by the suspension or
displace? It is a type of measure to eliminate
cancellation of his/its certificate or and/or
or minimize the said impacts. Ano yung mga
a fine in an amount not to exceed Fifty
measures to be done in order to minimize the
Thousand Pesos (P50,000.00) for every
impact to the environment at dito sa mga
violation thereof, at the discretion of the
social
National
factors
that
na
may
ito,
occur
yung
to
mga
taong
by
the
National
Environmental
Environmental
Protection
apektado, yung mga animals na apektado.
Council.
***Later on meron diyang decree na naglilista
***So tignan niyo yung penalty, suspension or
sa mga environmentally critical areas at yung
cancellation of his/its certificate or and/or a
mga environmentally critical projects.
fine
So if
in
an
amount not
Pesos
to
exceed
(P50,000.00)
for
Fifty
you fall either of these two then you must
Thousand
every
undergo the EIS system. Kung hindi ka
violation thereof, so do you think this would
naman na-bebelong diyan, puwedeng hindi na
deter a person in violating the EIS system?
but this has been I should say abused noh or
Wala diba?
naging overzealousness ng ENB, almost all

types of undertakings or projects required an
***So ano ang scope ng EIS system? Eto who
ECC. Kahit gagawa ka lang ng maliit na
are
gasoline station diyan, you need to undergo
including its instrumentalities as well as
the EIS system.
GOCCs, private corporations, firms, entities
covered?
and individuals.
All
government
agencies,
I have told you about the
***So what is PD 2146? It lists down the areas
Artica Sports dome right? So they started the
which are considered to be environmentally
construction of the dome without an ECC and
critical and what projects are considered to be
at that time si Mayor de Guzman was charged
environmentally critical.
to be criminally liable for the violation of PD

1586 dahil nagstart sila without undergoing
the EIS system. Ang sabi naming, Artica


2-Manresa 2012-2013
33
Soprts dome ay hindi covered ng EIS system
requirements of the EIS System and has
because 1. LGUs are not included in the
committed
scope. 2. The project is not considered to be
Environmental Management Plan. The ECC
an undertaking in an environmentally critical
contains specific measures and conditions
area and 3. The project is not considered to an
that
environmentally critical one. The SC struck
undertake before and during the operation
down the first line of defense, for the purposes
of a project, and in some cases, during the
of PD 1586, LGUs are covered otherwise the
project's abandonment phase to mitigate
spirit of PD 1586 would be defeated by mere
identified environmental impacts.
the
to
implement
project
its
approved
proponent
has
to
technicality so that any LGU would just do

away with the EIS system. But the SC agreed
***Ibig sabihin if you have an ECC, sinasabi
with the 2nd and the 3rd defences. Kasi ang
lang na you have undergone the EIS system,
sabi ng Mines and Geosciences Bureau, the
this is the project, this is the capacity of the
entire
environmentally
project and there are certain conditions there
critical area then ang sabi naming, if thats
that you have to follow. Kapag hindi mo yun i-
the case you yourself is violating the PD 1586
finollow, marerevoke ang ECC mo. Meron din
because kung mag-construct lang kayo
ng
siyang mitigating measures also, you are
anything noh, kahit maliit na kubeta you have
allowed to construct this project provided that
to undergo the EIS system so you have to pass
you have put up this mitigating measure like
your mitigating measures to minimize the
canal diyan, big fences, water sewage system
impact to the environment doon palang talon
etc.
Davao
City
is
an
a ang argument nila. And we also submitted

evidences to prove that Davao City is not an
environmentally critical area.
Environmental
Compliance
Certificate
(ECC)It is a piece of document issued by the

DENR/EMB after a positive review of an
ECC application, certifying that based on
the representations of the proponent, the
proposed project or undertaking will not
cause significant negative: environmental
impact. The ECC also certifies that the
proponent
has
complied
with
all
the


2-Manresa 2012-2013
PD 2146
34
2. Major Wood processing projects

3. Introduction of fauna (exoticanimals) in
***This
is
a list actually
containing the
public/private forests
projects which are considered to be as critical
4. Forest occupancy
and the areas considered as critical.
5. Extraction of mangrove products

6. Grazing
***We go directly to environmentally critical

projects. I have to emphasize hah, if a project
c. Fishery Projects
is undertaken within an ECA (environmentally
1. Dikes for/and fishpond development
critical areas) you have to undergo EIS
projects
system. Kung project naman, irrespective of

the area kahit saan mo ilagay yan basta yung
III. Infrastructure Projects
project is listed as an ECP (environmentally

critical project) it has to go the EIS system. So
a. Major dams
ECP regardless of the area, ECA regardless of
b.
the project.
nuclear
Major
power
plants
fueled,
(fossil-fueled,
hydroelectric
or
geothermal)
A. Environmentally Critical Projects
c. Major reclamation projects

d. Major roads and bridges
I. Heavy Industries
***So if you are planning to construct a major
a. Non-ferrous metal industries
dam kailangan ng ECC or kung yung power
b. Iron and steel mills
plants like coal plants.
c. Petroleum and petro-chemical industries
***So
including oil and gas
environmentally critical areas?
what
are
those
considered
as
d. Smelting plants
B. Environmentally Critical Areas
***Yan yung categorized as heavy industries.
1. All areas declared by law as national
II. Resource Extractive Industries
parks,
watershed
reserves,
wildlife
preserve and sanctuaries;

a. Major mining and quarrying projects
*** So kahit ano pa ang ilagay mo diyan you

have to undergo the EIS system.
b. Forestry projects
1. Logging


2-Manresa 2012-2013
35
2. Areas set aside as aesthetic potential
d. which act as natural buffers against
tourist spots;
shore erosion, strong winds and storm
3. Areas which constitute the habitat for
floods;
any endangered or threatened species of
e. on which people are dependent for their
indigenous Philippine Wildlife (flora and
livelihood.
fauna);
4.
Areas
of
unique
historic,
12. Coral reefs, characterized by one or
archaeological, or scientific interests;
any
combinations
of
the
following
5. Areas which are traditionally occupied
conditions:
by cultural communities or tribes;
a. with 50% and above live coralline cover;
6. Areas frequently visited and/or hard-hit
b. spawning and nursery grounds for fish;
by natural calamities (geologic hazards,
c. which act as natural breakwater of
floods, typhoons, volcanic activity, etc.);
coastlines.
7. Areas with critical slopes;

8. Areas classified as prime agricultural
***So thats the full list but you can also have
lands;
the full text of the law.
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;


2-Manresa 2012-2013
36
RA NO. 9275: AN ACT PROVIDING FOR A
nito? Well in the Philippines we have 60
COMPREHENSIVE
QUALITY
watersheds and 9 are located in Davao: The
OTHER
Lasang river, the Bunawan river, Panacan
MANAGEMENT
WATER
AND
FOR
PURPOSES
river, Davao river, Matina (?), Talomo river,

Lipadas river, Kinawayan river and Sibulan
SECTION 2. Declaration of Policy. - The
river. These are the 9 watersheds in Davao
State shall pursue a policy of economic
city.
growth in a manner consistent with the

protection, preservation and revival of the
***Sources
of
water:
quality of our fresh, brackish and marine
Surface
waters.
kasali ang atmospheric water (Yung ulan ba)
water.
Groundwater
Actually
sa
and
Constitution
but it is not covered by the Clean Water Act.

***Coverage
of
the
Act-
Water
quality
management in all water bodies: Provided,
***Water quality management area- ito ay
That
the
governed by a board comprising of mayors,
abatement and control of pollution from
governors of member LGUs. So sabihin natin
land based sources. ***So basically, the
that this area is between 2 adjacent LGUs,
Clean Water Act covers the water quality
yung mga mayors and governors diyan would
management in all bodies of waters. What is
compose
the purpose To abate or control pollution from
representatives
land-based sources. Tandaan niyo huh, Land
government agencies, duly registered non-
based sources.
governmental organization, water utility
it
shall
primarily
apply
to
the
management
of
board.
relevant
And
national
sector, and business sector. But I am not

***The
water
quality
management
area
supposedly the NWRB, the department based
aware if merong ganyang board here in Davao

city.
on DENR in coordination with NWRB shall

designate areas that shall designate certain
***Management of Non-attainment Areas-
areas as water quality management areas, this
The DENR also identifies areas kung saan
is also in coordination with the LGUs using
polluted na masyado and label it as NON-
appropriate
ATTAINMENT
physiographic
units
such
as
AREAS.
Ano
yung
non-
watershed, river basins or water resources
attainment areas? Yun yung mga areas which
regions. They would identify certain areas
exceed the allowable standards or standards
within
allowed by the law.
the
designate
local
the
government
same
as
unit
water
and
quality
management area. Sino ang namamahala


2-Manresa 2012-2013
Classification
of
Water
according
to
quality:
SECTION
1. Meron
tayong
CLASS
AA-
37
7.
National
Sewerage
and
Like
Septage Management Program. ***So in
watersheds, pristine ang quality ng
Davao city wala tayong sewerage and septic
water nito.
system, kami sa Maynila meron yung Manila
2. CLASS A-For water supplies, puwede
Waterworks and Sewerage System. Although
ito maging source of water supply
the DPWH under the Clean Water Act is
for an entire community but it must
directed to prepare a national program on
treated gaya ng DCWD. Dumadaan
sewerage and septic management, I dont
yan ng treatment.
know again if we have that kind of program in
3. CLASS B- When it says Class B it

means
for
bathing,
recreation
swimming,
such
etc.
as
Those
Davao city, but one thing is sure we dont

have such system so how can we have a
program if we dont have a system.
designated for tourism purposes.

4. CLASS
C-
It
the
***Theres a policy in the Laguna Lake, we
aquatic
have an authority there diba? LLDA. There is
resources. Recreational water class
a program kung saan napupunta ito sa
like
national water management fund but that is
propagation
for
shall
of
be
for
other
boating
etc.
and
for
industrial supply.
5. CLASS
D-
within LLDA but there is no such thing
Agriculture,
irrigation.
working here in Davaocity, yung policy na
Primarily for irrigation. Industrial
POLLUTERS SHALL PAY. If you pollute, you
water supply and cooling para sa
pay. In Laguna de Bay, maraming mga
cooling
factories yung mga dumi nila dumidiretso sa
power
for
industrial
purposes (?).
Laguna de Bay. Now if you exceed the

standards allowed by the law I mean the
2006 Classification of Water bodies in
effluents, they pay. Hindi ka naman puwedeng
Davao City: (Do you
water
mag-discharge ng effluents without a permit
quality has improved?) As of 2006 Davao
from the LLDA but in Davao city seems that
city:
those effluence from the factories did not
think the
a. Bunawan river- Class C
passed itong waste water management. (For
b. Davao river (Up stream)-Class A
purposes of complying such permit, these
c. Maa river(Down stream)- Class C
factories have water sewage system. When the
d. Ilang river- Class C
DENR inspects theres water sewage system

but at the time the DENR turns its back in
***So wala tayong Class AA.
actual practice, di ginagamit niyan kasi it is


2-Manresa 2012-2013
38
very expensive to operate and maintain one
SECTION 13. Wastewater Charge System.
pero titignan mo andyan yan.)
XXXX The system shall be established on the

basis of payment to the government for
discharging wastewater into the water bodies.
SECTION 12. Categories of Industry Sector.
XXXX
- Within twenty-four (24) months from the

effectivity of this Act, and every two (2)
***It is not really, even if you do not exceed the
years thereafter, the Department shall,
standards for as long as you discharge water
through due public consultation, revise
into the water body depending on the volume
and publish a list of categories of industry
of waste more so if you exceed the standards
sector for which effluent standards will be
then you have violated the law. So sasabihin
provided for each significant wastewater
nila you are allowed to discharge then you
parameter per industry sector.
have the permit to discharge based on the

volume
mapupunta
sa
fund
yan,
anong
The Department shall provide additional
purpose ng fund na yan? For rehabilitation
classification based on other parameters
purposes.
specifically associated to discharge of a

particular
included
industry
in
the
which
listing
of
shall
be
categories
prescribed in the preceding paragraph.
***Discharge permits, yan! The Department

shall
require
facilities
owners
that
or
operators
discharge
of
regulated
effluents pursuant to this Act to secure a

***If you are for example in a manufacturing
permit to discharge. ***So if you discharged
industry, i-claclassify kayo or if you are an
without a permit you violate the law.
agricultural industry meron kayong sariling

mga standards, the effluents or discharges
SECTION 16. Clean-Up Operations. ***Kung
which come from your factory would be
may pollution na? Example, Oil Spill-The
regulated based on the standards and if you
corporation who caused it or the owner of
exceed the standards you will pay or if you
such oil, a tanker for example shall be
violate later tignan ninyo ang mga penalties.
responsible to contain, remove and clean-up

any pollution incident at his own expense.
***Tignan ninyo-Laguna Lake
Region and
Emergency
Regional Industrial Centres which will collect
undertaken
waste industrial charges. It yung tawag nila
corporation has no capability of doing so but
POLLUTERS SHALL PAY.
expenses incurred in said operations shall be
clean-up
by
operations
DENR
especially
shall
if
be
the
reimbursed by the persons found to have


2-Manresa 2012-2013
caused
such
pollution
upon
proper
39
not be about oil but about who will control
administrative determination in accordance
water. Like
100 years
from now
pinag-
with this Act.
aawayan na yang water actually kahit ngayon

napaka-crucial nay an. If we will not do
***How much did the Phoenix paid? When
something about our sources of water, dito
yung kanilang tank ay nasira, I think 1.2
palang magpapatayan na yan. So fast forward
Billion Pesos. But that is not enough to
ng 100 years more, you will not be surprise to
rehabilitate that area. This brings back to
see people around with masks. Nakamaskara
what happened in Guimaras. Ito yung aerial
na lahat so din a mag-matter kung pangit ka o
view, eto lang yung oil na nasadsad di pa
maganda pati yung mga make-up.
talaga yun yung nangyari sa dagat, this would

take 20 years to put back to its original state
SECTION 27. Prohibited Acts.
(Just imagine) You see the damage in the

a) Discharging, depositing or causing to be
environment.
deposited material of any kind directly or

***Lead Agency: The DENR.
indirectly into the water bodies or along

the margins of any surface water, where,
***What is the role of the LGUSs? Ang
the same shall be liable to be washed into
sinasabi is you share in the management and
such surface water, either by tide action
improvement of water quality within your
or by storm, floods or otherwise, which
territorial jurisdictions.
could cause water pollution or impede
SECTION
24.
Pollution
Research
and
Development Programs.
***This is a very motherhood statement that
SECTION 25. Rewards. ***Bibigyan ka ng

medalya
ng
outstanding
gobyerno
and
if
you
undertake
innovative
projects,
technologies, processes and techniques or

activities
in
water
natural flow in the water body;
quality
management.
***Several years ago, I wrote an article about

water sabi ko doon if you can put all potable
water into a jar of water like a gallon of water,
ilagay mo diyan lahat ng water only about a
teaspoon of water ang potable, ganon lang ang
ratio and if there would be a world war, it will
would constitute discharge, anything that

would constitute deposit, and anything that is
considered
material-kasali
ang
HUMAN
WASTE. Yung sa Bankerohan, yung home

along the river. Dumidiretso sa river tapos
kinankain ng janitor fish tapos hinuhuli ng
tao.
You
know
in
Manila,
yung
isang
dinadaanan naming doon along the river, ang

daming taong nag-fifishing, tapos sabi ko
anong hinuhuli nila sabi ng kausap ko, janitor
fish sabi ko diba sa aquarium lang yan. Tapos


2-Manresa 2012-2013
40
tanong ko ulit, anong ginagawa nila diyan?
ground water. Check your septic tanks huh!
Ginagawa raw na pulutan. So kinakain nap
Baka nakakaviolate na kayo.
ala ang mga Janitor fish ngayon sabi pa nga

nila, sa mga palainum daw yan daw ang
c)
masarap na pulutan. So any discharge, so if
regulated water pollutants without the
you discharge you are already violating Sec.
valid required permits or after the permit
27.Directly or indirectly, direst o ano ba (?)into
was revoked for any violation of any
the water bodies or along the margins of any
condition therein;
surface water.
Operating
facilities
intentionally
seep into the soil or sub-soil any substance
operate without a permit.
any
discharge
***So here it is presumed that you really
b) Discharging, injecting or allowing to

in
that
form
that
would
pollute
groundwater. In the case of geothermal

projects, and subject to the approval of the
Department, regulated discharge for shortterm activities (e.g. well testing, flushing,
commissioning,
venting)
and
deep
re-
d)
violated
Disposal
of
the
law
potentially
when
you
infectious
medical waste into sea water by vessels

unless the health or safety of individuals
on board the vessel is threatened by a
great and imminent peril;
injection of geothermal liquids may be
***Sea water was a big issue before yung sa
allowed: Provided, That safety measures
Subic. Kasi isa sa mga provider sa port, yung
are adopted to prevent the contamination
mga provider ito yung kumukuha sa mga
of the groundwater;
waste sa barko, nililinisan nila ang mga barko
***Biro
niyo
huh,di
man
lang
sinabing
knowingly, intentionally, walang sinasabi so

like if you own a house in a subdivision along
Dumoy, yang Dumoy ay part na ng aquifer, an
aquifer is a source of water like the ones
owned by DCWD then you have a septic tank
but youre septic tank is not well-constructed
tapos itatapon nila pero yung provider dito

pagkatapos niyag kunin yung mga basura
dinala niya sa malayong part ng dagat tapos
doon niya i-tinapon tapos nahuli siya pero
mayroong underlying story doon yung nagsumbong is yung competing provider. So you
know the motives.
the water from the septic tank lalabas then it
***Tignan niyo ito huh sea water, sea water.
will seep in into the ground water so while you
Kapag sinabi niyong surface water it does not
are sleeping di mo alam you are already
only covered rivers but it also covers oceans
violating the Clean Water Act kasi you are
within our territorial jurisdiction, sea kasama
allowing these pollutants to seep into the
ang sea waters.


2-Manresa 2012-2013
41
***Actually kung ano yung mga prohibition
j) Non-compliance of the LGU with the
dito, if you look at the Marine Pollution Decree
Water
halos pareho lang ng mga violation though
Management Area Action Plan. In such a
yung nasa MPD is more specific sa sea water.
case, sanctions shall be imposed on the
Quality
Framework
and
local government officials concerned;

e) Unauthorized transport or dumping into
sea waters of sewage sludge or solid waste
k) Refusal to allow entry, inspection and
as defined under Republic Act No.9003;
monitoring
by
the
Department
in
accordance with this Act;

f) Transport, dumping or discharge of
prohibited
pollutants
chemicals,
listed
under
substances
or
Republic
Act
l)
Refusal
Department
to
to
allow
access
relevant
by
reports
the
and
No.6969;
records in accordance with this Act;
g) Operate facilities that discharge or
m) Refusal or failure to submit reports
allow to seep, willfully or through gross
whenever required by the Department in
negligence,
accordance with this Act;
prohibited
chemicals,
substances or pollutants listed under R. A.

No. 6969 into water bodies or wherein the
***klm-These would also constitute prohibitive
same shall be liable to be washed into
acts.
such surface, ground, coastal, and marine

water;
n) Refusal or failure to designate pollution

control officers whenever required by, the
h) Undertaking activities or development
Department in accordance with this Act;
and expansion of projects, or operating
and
wastewater/sewerage facilities in violation

of Presidential Decree. No.1586 and its
implementing rules, and regulations;
***PCOs
ang
tawag
so
lahat
ng
mga
companies ngayon are required to employ an

PCO or if that employees are connected with
the firm he has to be designated as a PCO.
***Ano ito? Yung EIS system.
Alam niyo malaking source of income I would

i) Discharging regulated water pollutants
also
without
discharge
corruption dito sa Davao City you would ask
permit pursuant to this Act or after the
saan napupunta yung pera? Because there is
permit was revoked for any violation of
an organization usually naka-attach sa DENR
condition therein;
then sila yung usually nag-conconduct ng
the
valid
required
say
if
theres
income

theres
also

2-Manresa 2012-2013
mga
seminars
on
regulations
about
the
be
fined
by
the
Secretary,
42
upon
the
environmental management, pollution control,
recommendation of the PAB in the amount
new memoranda from DENR kagaya ng MCLE
of not less than Ten thousand pesos
because di ka puwedeng maging PCO if you
(P10,000.00) nor more than Two hundred
are not accredited by DENR so dapat ka
thousand pesos (P200,000.00) for every
munang mag-seminar. I think 3 to 5 thousand
day of violation.
peso every 4 months and if you think

maraming PCOs so saan kaya napupunta ang
***Kayang-kaya yang bayaran ng mga multi-
pera di nila masagot yan.
national companies. They would rather pay

the fines than to maintain a water sewage
o) Directly using booster pumps in the
facility. It would take millions of dollar to put
distribution system or tampering with the
up then to operate that facility than to pay the
water supply in such a way as to alter or
fine so it does not deter the provision of the
impair the water quality.
violation (?).
***Bawal yung booster kasi kawawa naman
That the Secretary, upon recommendation
yung kapitbahay mo kung gagamitan mo ng
of
booster pump ang linya ng tubig.
suspension
the
PAB
may
order
of
the
closure,
development
or
construction, or cessation of operations or,

***Talking about corruption, sabi nila without
where appropriate disconnection of water
any offense which is the correct statement,
supply,
half of the congressmen in the congress are
environmental safeguards are put in place
like crocodiles or half of them are not
and/or compliance with this Act or its
crocodiles. Alin ang tamang statement doon?
rules and regulations are undertaken.
It is like saying is the glass of water half full or
This paragraph shall be without prejudice
half empty. I will say, not all of them are not
to the issuance of an ex parte order for
crocodiles
such closure, suspension of development
kasi
marami
naming
mga
mababait.
until
such
time
that
proper
or construction, or cessation of operations
SECTION
28.
Penalties.
Fines,
Unless
Damages
otherwise
and
provided
during the pendency of the case.

***Ano
yung
PAB?
Pollution
Adjudication
herein, any person who commits any of the
Board, it is an adjunct of DENR under the
prohibited
office of the Secretary.
acts
provided
in
the
immediately preceding section or violates

any of the provision of this Act or its
***There are 2 instances where the PAB can
implementing rules and regulations, shall
issue the cease and desist order. Ano yunn? 1.


2-Manresa 2012-2013
43
When the effluents exceed the standards of
b) five {5) or more violations within a
the law and 2. If theres an imminent danger
period of two (2) years; (So it encourages
to persons, property or animals the PAB can
repetition) or
immediately issue CDO.

c) blatant disregard of the orders of the
Failure to undertake clean-up operations,
PAB, such as the non-payment of fines,
willfully, or through gross
breaking of seals or operating despite the
negligence,
shall be punished by imprisonment of not
existence
of
an
order
for
closure,
less than two (2) years and not more than
discontinuance or cessation of operation.
four (4) years and a fine not less than Fifty

thousand pesos (P50,000.00) and not more
***Eto
than
pangmalakihan na ito.
One
hundred
thousand
pesos
yung
kanyang
penalty
kasi
In which case,
(P100,000.00) per day for each day of
offenders shall be punished with a fine of
violation. Such failure or refusal which
not less than Five hundred thousand pesos
results in serious injury or loss of life
(P500,000.00) but not more than Three
and/or irreversible water contamination of
million pesos (P3,000,000.00} per day for
surface, ground, coastal and marine water
each day of violation or imprisonment of
shall be punished with imprisonment of
not less than six {6) years but not more
not less than six (6) years and one day and
than
not more than twelve (12) years, and a fine
discretion of the court.
of
Five
Hundred
Thousand
Pesos
(P500,000.00) per day for each day during

which the omission and/or contamination
continues.
ten {10)
years, or both, at the
If the offender is a juridical person, the

president,
manager
and
the
pollution
control officer or the official in charge of

the operation shall suffer the penalty
***Failure to undertake clean-up operationsso what does this imply? So if theres an oil
spill, you are not held criminally liable unless
you intentionally fail to undertake clean-up
operations.
herein provided.
SECTION
29.
Administrative
Sanctions
Against Non-compliance with the Water

Quality Management Area Action Plan. Local government officials concerned shall
***So anong ibig sabihin ng gross violation?
be
subject to Administrative
sanctions
incase of failure to comply with their

a) deliberate discharge of toxic pollutants
action plan accordance with the relevant
identified
provisions of R.A. No. 7160.
pursuant
to
Republic
Act
No.6969 in toxic amounts;


2-Manresa 2012-2013
***Who is interested in this?
SECTION 36. Effectivity. - This Act shall
take effect fifteen (15) days from the date
of its publication in the Official Gazette or
in at least two (2) newspapers of general
circulation.

44

2-Manresa 2012-2013
(Ang sabi ni Sir PD 976 sa kanyang lecture
industrial
pero iba ang PD 976 kasi it talks about soil
establishments, or mill of any kind.
management pero kapag tinignan niyo ang

PD 979 mostly sa mga diniscuss niya ay
galing sa PD 979.)
PRESIDENTIAL
GOVERNING
manufacturing
***It does not include discharge of effluents

from
industrial
or
manufacturing
establishments, or mill of any kind kasi
PD 979: PROVIDING FOR THE REVISION

OF
or
45
DECREE
MARINE
NO.
600
POLLUTION
covered na ito ng Clean Water Act. Yung

mga effluents being discharged by the
factories
This Decree shall be known as the Marine

Pollution
Decree
of
1976.
b. "Dumping"
means
any
deliberate
disposal at sea and into navigable

waters (***Ano yung ibig sabihin ng
***What is the policy of the state? To prevent
navbigable waters? These includes
and control the pollution of seas by the
yung mga navigable rivers) of wastes
dumping
or
of
wastes
and
other
matter
other
matter
from
vessels,
which create hazards to human health,
aircraft, platforms or other man-
harm living resources and marine life,
made structures at sea, including
damage amenities, or interfere with the
the disposal of wastes or other
legitimate uses of the sea within the
matter
directly
territorial jurisdiction of the Philippines.
related
to
arising
the
exploitation
and
from
or
exploration,
associated
off-
***So at first glance, you can always see that
shore processing of sea bed mineral
Marine Pollution Decree covers seas but it also
resources
covers fresh waters like the navigable rivers.
permitted and/or regulated under
unless
the
same
is
this decree: Provided, That it does

not
***Definition of terms:
mean
disposition
of
any
effluent from any outfall structure

a. "Discharge"
includes,
not
to the extent that such disposition is
limited to, any spilling, leaking,
regulated under the provisions of
pumping,
Republic
pouring,
but
is
emitting,
Act
Numbered
Three
emptying or dumping but does not
Thousand Nine Hundred Thirty-One,
include discharge of effluents from
nor
does
it
mean
routine
discharge of effluent or other matter


2-Manresa 2012-2013
incidental to the propulsion of, or
being
used,
as
derived from the normal operations
transportation on water.
46
means
of
of vessels, aircraft, platforms or

other man-made structures at sea
and their equipment.
f.
"Person"
includes
any
being,
natural or juridical, susceptible of

rights and obligations or of being
c. "Oil" means oil of any kind or in
the subject of legal relations.
any form including, but not limited

to, petroleum, fuel oil, (***The term
fuel oil in other countries they refer as
diesel oil ) sludge, oil refuse, and oil
mixed
with
wastes
other
than
dredge spoil.
g. "Refuse" means garbage, waste,

wood residues, sand, lime cinders
ashes,
offal,
staffs,
nightsoil,
acids,
tar,
chemicals
dye
and
substances other than sewage and

industrial wastes that may cause
d.
"Navigable
Waters"
means
the
waters of the Philippines, including

the territorial sea and inland waters
which are presently, or be in the
future
susceptible
for
use
by
watercraft.
***Territorial
pollution.
***Even though it is all embracing
except industrial waste and sewage it is
covered by other law.
***What are the prohibited acts?
sea
nasa
labas
ng
a. discharge, dump or suffer, permit
teritoryo natin and inland waters yung
the
nasa pagitan ng mga isla kasali yan
gaseous and liquid substances
which which are presently, or be in the
and
future
from or out of any ship, vessel,
susceptible
for
use
by
discharge
other
watercraft-so ginagamit na o puwedeng
barge,
gamitin sa future.
craft,
or
of
oil,
harmful
any
or
substances
other
other
noxious
floating
man-made
structures at sea, by any method,

e. "Vessel" means every description
of watercraft, or other artificial
contrivance
used,
or
capable
of
means or manner, into or upon

the
territorial
navigable
and
waters
Philippines;

inland
of
the

2-Manresa 2012-2013
b. throw,
deposit,
by ordinary or high tides, or by
dump, or cause suffer or procure
storms or floods, or otherwise,
to
whereby navigation shall or may
be
discharge
thrown,
or
discharged,
or
deposited either from or out of
be
any ship, barge, or other floating
increased the level of pollution of
craft of vessel of any kind, or
such water.
from the shore (***So nagtapon ka

diyan
sa
shoreline,
violated
the
Decree),
wharf,
you
Marine
have
Pollution
manufacturing
establishment(***Except
impeded
or
obstructed
or
***Kahit anong itapon provided that

kapag naghihigh tide nawawash-out
away sa shore so have violated the law.
yung
***So what are the exceptions? Except in
effluents), or mill of any kind, any
cases of emergency imperilling life or
refuse matter of any kind or
property,
description whatever other than
collision, or stranding or in any cases
that flowing from streets and
which constitute danger to human life or
sewers and passing therefrom in
property or a real threat to vessels(***There
a liquid state into tributary of
is a term there, what is that? Jettison- you
any navigable water from which
can throw away things to the sea. Do you
the same shall float or be washed
think this would violate the law?) , aircraft,
into such navigable water; and
platforms, or other man-made structure,
***So again it gives us the impression

that it covers also itong mga privitaries
(?)
47
Saan
lalabas
ba
yung
mga
privitaries? Sa sea or sa river or any

bodies of water.
c. deposit
or
cause,
suffer
or
or
of averting the threat and if there is

probability that the damage consequent
upon such dumping will be lees than
would otherwise occur, and except as
otherwise
permitted
prescribed
by
Control
of any kind in any place on the
Coast Guard.
on the bank of any tributary of

any navigable water, where the
same shall be liable to be washed
into such navigable water, either
accident,
or if damping appears to be the only way
procure to be deposited material

bank of any navigable water or
unavoidable
the
by
regulations
National
Commission
or
the
Pollution
Philippine
***Penalties for violations-Fine -200 to 10

thousand
pesos.
Imprisonment-
by
imprisonment of not less than thirty days nor

more than one year or both such fine and
imprisonment,
for
each

offense,
without

2-Manresa 2012-2013
prejudice to the civil liability of the offender in
accordance with existing laws. For vessels
pareho lang, in addition clearance of such
vessel from the port of the Philippines may be
withheld
until
the
fine
is
paid.

48

2-Manresa 2012-2013
THREE CASES
49
canal leading to the Tullahan-Tinejeros

River by means of a by-pass and the
***These are very important cases.
remaining 20% was channelled into the
First, PAB vs Court of Appeals and Solar
plant's
existing
Wastewater
Treatment
Textile Finishing Corporation.
Plant (WTP). (***Biro niyo 20% lang pero sira

pa talaga)
***This is an old case but it is still okay.

The remaining 20% of the wastewater was
Facts: In 1988 PAB (Pollution Adjudication
being
Board, a office adjunct to DENR under the
operational wastewater treatment plant.
office
an ex
Chemical analysis of samples of Solar's
parte Order (***Alam niyo naman yang ex
effluents showed the presence of pollutants
parte? FOR ITS OWN without a hearing)
on a level in excess of what was permissible
directing Solar immediately to cease and
under P.D. No. 984 and its Implementing
desist
wastewater
Regulations. ***So merong standards but the
pollution source installations which were
effluents or discharge coming from the factory
discharging untreated wastewater directly
exceeds the standards. So PAB issued a CDO.
into
of
the
from
Secretary)
utilizing
canal
leading
issued
its
to
the
channeled
through
Solar's
non-
adjacent
Tullahan-Tinejeros River. (***I remember I
According to PAB under P.D. No. 984,
told you before that most of the factories have
Section 7(a), it has legal authority to
waste water treatment facility but it is very
issue ex
high maintenance so ang ginawagawa nila is
operations of an establishment when there
for the purposes of showing it to the DENR
is prima
whenever
inspection,
establishment is discharging effluents or
sabihing
wastewater, the pollution level of which
DENR
pinapaandar
conducts
nila
yan
an
para
parte orders
to
suspend
facie evidence
that
the
such
nagcocomply sila pero kapag natapos na ang
exceeds
inspection wala na.)
the
standards set by the NPCC (now, the
issuance of the CDO were the inspections I
Board). (***So wala na yang NPCC yan na
guess
inspections
ngayon yang PAB) Petitioner Board contends
conducted by DENR and accordingly the
that the reports before it concerning the
waste water facility was not operating and
effluent
the combined wastewater generated from
Tullahan-Tinejeros
its operation was about 30 gallons per
facie evidence of violation by Solar of
minute and 80% of the wastewater was
Section 5 of the 1982 Effluent Code. ***So
being directly discharged into a drainage
sabi ng PAB yun palang that is an eveidence
there
were
The
basis
two
for
the
maximum
discharges
of
River

Solar
permissible
into
the
provided prima

2-Manresa 2012-2013
50
itself that they have violate the standards for
exceed the allowable standards set by law that
PAB to issue a CDO on the other hand Solar
is enough basis to issue a CDO. So eto
said that under the Board's own rules and
naman, Where, however, the effluents or
regulations, an ex parte order may issue
discharges have not yet been the subject
only if the effluents discharged pose an
matter of allowable standards set by the
"immediate threat to life, public health,
Commission, then the Board may act on an
safety or welfare, or to animal and plant
ex parte basis when it finds at least prima
life." In the instant case, according to
facie proof that the wastewater or material
Solar, the inspection reports before the
involved presents an "immediate threat to
Board
Solar's
life, public health, safety or welfare or to
wastewater discharged posed such a threat.
animal or plant life." Since the applicable
***In other words Solar says that PAB should
standards set by the Commission existing
prove that there is an immediate threat to
at any given time may well not cover every
immediate threat to life, public health, safety
possible or imaginable kind of effluent or
or welfare, or to animal and plant life. But
waste discharge, the general standard of an
since there is no proof of such the PAB cannot
issue a CDO ex parte.
safety or welfare, or to animal and plant
made
no
finding
that
life"
Ruling: Sabi ng Supreme
Section
7(a)
of
P.D.
No.
Court under
984,
an ex
remains
necessary.
***So
walang
standards gamitin niyo lang yung ordinary

prudence xxx then you can issue a CDO.
parte cease and desist order may be issued

by the Board (a) whenever the wastes
***So the next case, Mead vs Argel, this is
discharged by an establishment pose an
also a very interesting case. Now if you are
found to violate an environmental law, does
safety or welfare, or to animal or plant life,"
the fiscal has the jurisdiction to file an action
or (b) whenever such discharges or wastes
against you?
exceed "the allowable standards set by the

[NPCC]." Sabi ng SC it is not essential that
***So yung kanyang kaso is for the violation of
the Board prove that an "immediate threat
RA
to life, public health, safety or welfare, or
information states, willfully, unlawfully and
to animal or plant life" exists before an ex
feloniously drain or otherwise dispose into
parte cease and desist order may be issued.
the highway canal and/or cause, permit,
It is enough if the Board finds that the
suffer to be drained or allow to seep into
wastes discharged do exceed "the allowable
such waterway the industrial and other
standards set by the [NPCC]. ***So if you
waste
3931(Pollution
matters
Control
discharged

Law).
due
to
The
the

2-Manresa 2012-2013
51
operation of the said Insular Oil Refinery
yung such certain pollution na hindi mo alam
Co. so managed and operated by them,
kung ano yung dinidischarge, what if yung
thereby causing pollution of such waterway
makikita mo yung oil sludge or oil spill, do
with
and/or
you still have to go NPCC or PAB? To
destruction to the living plants in the
determine the existence of the pollution. Lalo
vicinity and providing hazard to health and
ng yung oil spill- Eh namatay na yung mga
property in the same vicinity. ***Yun yung
corals, yung mga animals, yung mga kahoy
finile ng fiscal kasi theres a probable cause
like the Guimaras oil spill. So it means that
for the violation of the said law.
you cant file directly before the fiscals office
the
resulting
damage
then the fiscal will file a complaint without a

***Sabi ng SC the definition of the term
prior determination that theres pollution prior
"pollution"
to the filing. Mahirap itong kasong ito, what is
in
itself connotes
that the
determination of its existence requires
the
specialized knowledge of technical and
pronouncement of SC of filing without prior
scientific matters which are not ordinarily
determination
within the competence of Fiscals or of
pollution-the case is premature it will result to
those sitting in a court of justice. ***Sino
the dismissal the case. Moreover, it is not to
ang magsasabing pollution na yan? Sino
be understood, however, that a fiscal or
ang nagca-cause ng pollution, ang sabi ng
public
SC before maghain ng kaso there must be
information for a violation of the said law
first
at all. He may do so if the Commission had
determination
authorities
experts
the
prosecutor
we
follow
existence
may
not
of
file
this
such
an
discharge causes pollution or resulted into
law or any of its orders had been violated.
pollution but who can say that? Sabin g SC-
In the criminal case presently considered,
It
that
the
there had been no prior determination by
lacked
the
the Commission that the supposed acts of
authority to file the information charging
the petitioner had caused pollution to any
the petitioner with a violation of the
water of the Philippines. The filing of the
provisions of Republic Act No. 3931 there
information for the violation of Section 9
being no prior finding(***There is a need for
of the law is, therefore, premature and
a prior finding) or determination by the
unauthorized.
Commission that the act of the petitioner
respondent Judge is without jurisdiction to
had caused pollution in any water or
take cognizance of the offense charged
atmospheric air of the Philippines. ***This
therein. ***That is the pronouncement of the
is a ---parang kasama ang decision na ito
SC.
Provincial
considered
Fiscal
of
view
that
of
if
made a finding or determination that the
our
by
competent
therefore
such
is
or
of
effect
Rizal
Concommittantly,

the

2-Manresa 2012-2013
to
secure
52
***So the next case, Technology Developers
commenced
"Region
III-
Inc. vs Court of Appeals. This is also a very
Department of Environmental and Natural
nice case.
Resources Anti-Pollution Permit," although

among the permits previously secured prior
The authority of the local executive to
to the operation of petitioner's plant was a
protect the community from pollution is
"Temporary Permit to Operate Air Pollution
the center of this controversy.
Installation" issued by the then National
The
Petitioner,
domestic
private
corporation engaged in the manufacture

and export of charcoal briquette, received a
letter dated February 16, 1989 from private
respondent acting mayor Pablo N. Cruz,
ordering
to
cease
from
operating
sa
Bulacan pala ito until further notice. The

letter likewise requested Plant Manager Mr.
Pollution
Control
Environmental
Commission
Management
(now
Bureau)
(***Pero nag-expire na yan)and is now at a

stage
where
the
Environmental
Management Bureau is trying to determine

the correct kind of anti-pollution devise to
be installed as part of petitioner's request
for the renewal of its permit.
Armando Manese to bring with him to the
Petitioner's attention having been called to
office of the mayor on February 20, 1989
its lack of mayor's permit, it sent its
the following: a) Building permit; b) Mayor's
representatives to the office of the mayor
permit;
to
c)
Region
III-Pollution
of
Environment and Natural Resources Anti-
secure
the
same
but
were
not
entertained.
Pollution Permit; and of other document.

***Kasi
yung
kanilang
maraming
***Ang nangyari sa Artica Sports dome when
then
the construction started, it started without
pinuntahan tapos na-confirm nila then they
complying the EIS system then it came up
ordered for the cessation kasi ang sabi rin ng
such time when a case was filed against the
mayor wala akong matandaang nag-issue ako
city mayor and other individuals. Ako kasi
mayors permit para diyan.
yung counsel ni Mayor ang sabi ko we should
nagrereklamo.So
planta
isinumbong
file for a CNC kasi di naman kasali ang mga

At the requested conference on February
LGUs diyan eh but tinanggihan ng DENR so
20,
its
nag-file kami ng case then umabot na sa SC
representative, undertook to comply with
after many pleadings the SC finally decided
respondent's request for the production of
that kasali ang mga LGUs. Pero hindi na
the required documents. In compliance
kailangang kumuha ng ECC for the said
with
project kasi di naman siya environmentally
1989,
said
petitioner,
undertaking,
through
petitioner


2-Manresa 2012-2013
critical project at hindi siya ginawa in an
from
private
respondent.
But
environmentally critical area pero sadly hindi
affirmed the decision of the LC.
53
the
CA
siya itinuloy. xxxxxxxxxxxxx

Hence this petition, the petition is devoid
On April 6, 1989, without previous and
of merit because of these reasons among
reasonable
others, ***So itong dalawang reason ang
notice
respondent
acting
Municipality's
upon
mayor
station
petitioner,
ordered
the
commander
to
pinakamabigat pero meron pa talagang iba:
padlock the premises of petitioner's plant,
1. No mayor's permit had been secured.
thus effectively causing the stoppage of its
While
operation.
determining whether there is a pollution of
it
is
true
that
the
matter
of
the environment that requires control if

Left with no recourse, petitioner instituted
not prohibition of the operation
an
business is essentially addressed to the
action
mandamus
for
with
certiorari,
preliminary
prohibition,
injunction
then
National
Pollution
of a
Control
against private respondent with the court a
Commission of the Ministry of Human
quo which is presided by the respondent
Settlements,
judge. In its prayer for the issuance of a
Management Bureau of the Department of
writ of preliminary mandatory injunction,
Environment and Natural Resources, it
it alleged therein that the closure order
must be recognized that the mayor of a
was issued in grave abuse of discretion. The
town has as much responsibility to protect
respondent judge, April 19, 1989, found
its inhabitants from pollution, and by
that petitioner is entitled to the issuance
virtue of his police power, he may deny the
of
application for a permit to operate a
the
writ
injunction.
of
But
preliminary
after
mandatory
re-assessing
the
business
or
now
the
otherwise
Environmental
close
the
same
evidences the lower court, on June 14,
unless appropriate measures are taken to
1989, issued an order (a) setting aside the
control and/or avoid injury to the health of
order dated April 28, 1989, which granted a
the residents of the community from the
Writ of Preliminary Mandatory Injunction,
emissions in the operation of the business
and (b) dissolving the writ consequently
(***So hindi mo puwedeng sabihin that mayor
issued.
you
cant
do
that
kasi
walang
prior
dtermination kasi sabi ng SC the mayor of a

A motion for reconsideration dated July 6,
town has as much responsibility to protect its
1989 was filed by petitioner. Said motion
inhabitants from pollution, and by virtue of
drew an opposition dated July 19, 1989
his police power, he may deny the application


2-Manresa 2012-2013
54
for a permit to operate a business or otherwise
SC we are aware of that- It must be stressed
close the same unless appropriate measures
however, that concomitant with the need
are taken to control and/or avoid injury to the
to promote investment and contribute to
health of the residents of the community from
the growth of the economy is the equally
the
essential
emissions
in
the
operation
of
the
business).
imperative
of
protecting
the
health, nay the very lives of the people,

from the deleterious effect of the pollution
***So if theres pollution in your area kung
of the environment. ***So hindi na yung
gusto niyong magreklamo you can go directly
importante
to your mayor then isumbong niyo. Paano
importante ang buhay ng mga tao.
ang
investment
kung merong Mayors permit? Puwede naman

yang i-suspend or ipa-close kasi nga all forms
of pollution is considered as nuisance which
can be abated judicially or extra-judicially.
2.
The
Acting
Mayor,
in
letter
of
February 16, 1989, called the attention of

petitioner to the pollution emitted by the
fumes of its plant whose offensive odor
"not only pollute the air in the locality but
also affect the health of the residents in
the area," so that petitioner was ordered
to stop its operation until further orders
and it was required to bring the following:
(1) Building permit;
(2) Mayor's permit; and
(3) Region III-Department of Environment
and
Natural
Resources
Anti-Pollution
permit.
The petitioner takes note of the plea of
petitioner focusing on its huge investment
in this dollar-earning industry. ***Sabin g

kasi
mas

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Based on the Lectures of Atty. Ramon Edison Batacan