PRESIDENTIAL DECREE of the same; and
No. 1151 e) whenever a proposal involves the use of depletable or non-renewable resources,
Subject: PHILIPPINE ENVIRONMENTAL POLICY
WHEREAS, the individual and, at times, conflicting demands of population growth,
urbanization, industrial expansion, rapid natural resources utilization and increasing
technological advances have resulted in a piece-meal-approach concept of environmental
protection;
WHEREAS, such tunnel-vision concept is not conducive to the attainment of an ideal
environmental situation where man and nature can thrive in harmony with one another; and
WHEREAS, there is now an urgent need to formulate an intensive, integrated program
of environmental protection that will bring about a concerted effort towards the protection of the
entire spectrum of the environment through a requirement of environmental impact
assessments and statements;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by
virtue of the powers vested in me by the Constitution, do hereby order and decree:
Section 1. Policy. -- It is hereby declared a continuing policy of the State (a) to
create, develop, maintain, and improve conditions under which man and nature can thrive in
productive and enjoyable harmony with each other, (b) to fulfill the social, economic and other
requirements of present and future generations of Filipinos, and (c) to insure the attainment of
an environmental quality that is conducive to a life of dignity and well-being.
Section 2. Goal. -- In pursuing this policy, it shall be the responsibility of the
Government, in cooperation with concerned private organizations and entities, to use all
practicable means, consistent with other essential considerations of national policy, in
promoting
the general welfare to the end that the Nation may (a) recognize, discharge and fulfill the
responsibilities of each generation as trustee and guardian of the environment for succeeding
generations, (b) assure the people of a safe, decent, healthful, productive and aesthetic
environment, (c) encourage the widest exploitation of the environment without degrading it, or
endangering human life, health and safety or creating conditions adverse to agriculture,
commerce and industry, (d) preserve important historic and cultural aspects of the Philippine
heritage, (e) attain a rational and orderly balance between population and resource use, and (f)
improve the utilization of renewable and non-renewable resources.
Section 3. Right to a Healthy Environment. -- In furtherance of these goals and
policies, the Government recognizes the right of the people to a healthful environment. It shall
be the duty and responsibility of each individual to contribute to the preservation and
enhancement of the Philippine environment.
Section 4. Environmental Impact Statements. -- Pursuant to the above
enunciated policies and goals, all agencies and instrumentalities of the national government,
including government-owned or controlled corporations, as well as private corporations, firms
PRIME-M4 Page 2 of 2
and entities shall prepare, file and include in every action, project or undertaking which
significantly affects the quality of the environment a detailed statement on:
a) the environmental impact of the proposed action, project or undertaking;
b) any adverse environmental effect which cannot be avoided should the proposal
be implemented;
c) alternative to the proposed action;
d) a determination that the short-term uses of the resources of the environment are
consistent with the maintenance and enhancement of the long-term productivity
a finding must be made that such use and commitment are warranted.
Before an environmental impact statement is issued by a lead agency, all agencies
having 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 Guidelines. - The different agencies charged with
environmental protection as enumerated in Letter of Instruction No. 422 shall, within sixty (60)
days from the effectivity of this Decree, submit to the National Environmental Protection
Council
(NEPC), their respective guidelines, rules and regulations to carry out the provisions of Sec. 4
hereof on environmental impact assessments and statements.
Section 6. Repealing Clause. - All Acts, Presidential Decrees, executive 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.
Done in the City of Manila this 6th day of June in the year of Our Lord, nineteen hundred
and seventy-seven.
PRESIDENTIAL DECREE
No. 1152
Subject: PHILIPPINE ENVIRONMENT CODE
WHEREAS, the broad spectrum of environment has become a matter of vital
concern to the government;
WHEREAS, the national leadership has taken a step towards this direction by
creating the National Environment Protection Council under Presidential Decree No. 1121;
WHEREAS, it is necessary that the creation of the Council be complemented with the
launching of comprehensive program of environmental protection and management.
WHEREAS, such a program can assume tangible and meaningful significance only
by establishing specific environment management policies and prescribing environment
quality standards in a Philippine Environment Code.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Republic of the
Philippines, by virtue of the powers vested in me by the Constitution, do hereby order and
decree:
Section 1. Short Title. - This Decree shall be known and cited as the
"Philippine Environment Code."
TITLE I
Air Quality Management
Section 2. Purposes. - The purposes of this Title are:
a) to achieve and maintain such levels of air quality as to protect public health and
b) to prevent to the greatest extent practicable, injury and/or damage to plant and
animal life and property, and promote the social and economic development of
the country.
CHAPTER I
Standards
Section 3. Ambient Air Quality Standards. - There shall be established
ambient air quality standards which shall prescribe the maximum concentration of air
pollutants permissible in the atmosphere consistent with public health, safety and general
welfare.
In the establishment of ambient air quality standards, factors such as local
atmospheric conditions, location and land use, and available technology, shall be
considered among others.
Section 4. National Emission Standards. - There shall be established national
emission standards for new and existing stationary and mobile sources of pollution which
PRIME-M4 Page 2 of 13
shall consider among others such factors as type of industry, practicable control technology
available, location and land use, and the nature of pollutants emitted.
Section 5. Community Noise Standards. - Appropriate standards for
community noise levels shall be established considering, among others, location, zoning and
land use classification.
Section 6. Standards for Noise-Producing Equipment. - There shall be
established a standard for noise-producing equipment such as construction equipment,
transportation equipment, stationary engines, and electrical or electronic equipment and
such similar equipment or contrivances. The standard shall set a limit on the acceptable
level of noise emitted from a given equipment for the protection of public health and welfare,
considering among others, the magnitude and condition of use, the degree of noise
reduction achievable through the application of best available technology and the cost of
compliance.
The installation of any noise-producing equipment shall conform with the
requirements of Presidential Decree No. 1096 and other applicable laws as well as their
implementing rules and regulations.
Section 7. Aircraft Emission and Sonic Booms. - Appropriate government
agencies shall encourage research studies on the harmful effects of aircraft emissions in the
environment in order to establish permissible emission standards.
Research and studies shall also be undertaken to mitigate and/or minimize the
effects of sonic booms in the environment.
CHAPTER II
Regulation and Enforcement
Section 8. Air Quality and Noise Standards. - National Pollution Control
Commission in coordination with appropriate government agencies shall be responsible for
the enforcement of ambient air quality emission and noise standards, including the
monitoring and surveillance of air pollutants, licensing and permitting of air pollution control
facilities, and the promulgation of appropriate rules and regulations.
Existing air quality emission and noise standards may be revised and/or modified
consistent with new development and technology.
Section 9. Aircraft Noise. - Community noise standards around airports shall
be implemented by the Civil Aeronautics Administration in coordination with the National
Pollution Control Commission.
Section 10. Vehicular Emissions. - The Land Transportation Commission,
shall implement emission standards for vehicles and may deputize other appropriate law
enforcement agencies for the purpose.
Section 11. Radioactive Emissions. - The release and emission of
radioactivity into the environment incident to the establishment or possession of nuclear
energy facilities and radioactive materials, handling, transport, production, storage, use and
disposal of radio active materials shall be regulated by the Philippine Atomic Energy
Commission in coordination with other appropriate government agencies.
PRIME-M4 Page 3 of 13
CHAPTER III
Monitoring
Section 12. Air Quality Monitoring. - The National Pollution Control
Commission in coordination with appropriate government agencies, shall establish to the
greatest extent practicable an air quality monitoring network. Such air quality monitoring
network shall put to maximum use the capabilities of these agencies.
The National Environmental Protection Council shall be furnished with the results of
air quality monitoring activities.
Section 13. Weather Modification. - The Philippine Atmospheric Geophysical
and Astronomical Services Administration shall monitor regularly meteorological factors
affecting environmental conditions in order to effectively guide air pollution monitoring
activities.
Activities relating to weather modification such as rainfall stimulation and storm
seeding experiments shall be undertaken in consultation or coordination with the Philippine
Atmospheric, Geophysical and Astronomical Services Administration.
TITLE II
Water Quality Management
Section 14. Purpose. - It is the purpose of this Title to prescribe management
guidelines aimed to protect and improve the quality of Philippine water resources through:
a) classification of Philippine waters,
b) establishment of water quality standards;
c) protection and improvement of the quality of Philippine water resources, and
d) responsibilities for surveillance and mitigation of pollution incidents.
CHAPTER I
Classification Standards
Section 15. Classification of Philippine Waters. - The National Pollution
Control Commission, in coordination with appropriate government agencies, shall classify
Philippine waters, according to their best usage. In classifying said waters, the National
Pollution Control Commission shall take into account, among others, the following:
a) the existing quality of the body of water at the time of classification;
b) the size , depth, surface area covered, volume, direction, rate of flow, gradient of
stream; and
c) the most beneficial uses of said bodies of water and lands bordering them such
as residential, agricultural, commercial, industrial, navigational, recreational, and
aesthetic purposes.
PRIME-M4 Page 4 of 13
Section 16. Reclassification of Waters Based on Intended Beneficial Use. -
Where the public interest so requires, the National Pollution Control Commission, in
coordination with appropriate government agencies, shall reclassify a body of water based
on the intended beneficial use and take such steps as may be necessary to upgrade the
quality of said water. Other government agencies may adopt higher standards for a
particular body of water, subject to the approval of the National Pollution Control
Commission.
Section 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.
Section 18. Water Quality Standards. - The National Pollution Control
Commission shall prescribe quality and effluent standards consistent with the guidelines set
by the National Environmental Protection Council and the classification of waters prescribed
in the preceding sections, taking into consideration, among others, the following:
a) the standard of water quality or purity may vary according to beneficial uses; and
b) the technology relating to water pollution control.
CHAPTER II
Protection and Improvement of Water Quality
Section 19. Enforcement and Coordination. - The production, utilization,
storage and distribution of hazardous, toxic and other substances such as radioactive
materials, heavy metals, pesticides, fertilizers, and oils, and disposal, discharge and
dumping of untreated wastewater, mine-tailings and other substances that may pollute any
body of water of the Philippines resulting from normal operations of industries, water-borne
sources, and other human activities, as well as those resulting from accidental spills and
discharges shall be regulated by appropriate government agencies pursuant to their
respective charters and enabling legislation. In the performance of the above functions, the
government agencies concerned shall coordinate with the National Environmental Protection
Council and furnish the latter with such information as may be necessary to enable it to
attain its objectives under Presidential Decree No. 1121.
Section 20. Clean-up Operations. - It shall be the responsibility of the polluter
to contain, remove and clean-up water pollution incidents at his own expense. In case of his
failure to do so, the government agencies concerned shall undertake containment, removal
and clean-up operations and expenses incurred in said operations shall be against the
persons and/or entities responsible for such pollution.
Section 21. Water Quality Monitoring and Surveillance. - The various
government agencies concerned with environmental protection shall establish to the greatest
extent practicable a water quality surveillance and monitoring network with 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 Environment Protection Council
the results of these monitoring activities as the need arises.
PRIME-M4 Page 5 of 13
TITLE III
Land Use Management
Section 22. Purposes. - The purposes of this Title are:
a) to provide a rational, orderly and efficient acquisition, utilization and disposition
of land and its resources in order to derive therefrom maximum benefits; and
b) to encourage the prudent use and conservation of land resources in order to
prevent an imbalance between the nation's needs and such resources.
Section 23. National Land Use Scheme. - The Human Settlements
Commission, in coordination with the appropriate agencies of the government, shall
formulate and recommend to the National Environmental Protection Council a land use
scheme consistent with the purpose of this Title.
The Land Use Scheme shall include among others, the following:
a) a science-based and technology-oriented land inventory and classification
system;
b) a determination of present land uses, the extent to which they are utilized, underutilized,
rendered idle or abandoned;
c) a comprehensive and accurate determination of the adaptability of the land for
community development, agriculture, industry, commerce, and other fields of
endeavor;
d) a method of identification of areas where uncontrolled development could result
in irreparable damage to important historic, cultural, or aesthetic values, or nature
systems or processes of national significance;
e) a method for exercising control by the appropriate government agencies over the
use of land in area of critical environmental concern and areas impacted by public
facilities including, but not limited to, airports, highways, bridges, ports and
wharves, buildings and other infrastructure projects;
f) a method to ensure the consideration of regional development and land use in
local regulations;
g) a policy for influencing the location of new communities and methods for assuring
appropriate controls over the use of land around new communities;
h) a system of controls and regulations pertaining to areas and development
activities designed to ensure that any source of pollution will not be located where
it would result in a violation of any applicable environmental pollution control
regulations, and
i) a recommended method for the periodic revisions and updating of the national
land use scheme to meet changing conditions.
Section 24. Location of Industries. - In the location of industries, factories,
plants, depots and similar industrial establishments, the regulating or enforcing agencies of
the government shall take into consideration the social, economic, geographical and
significant environmental impact of said establishment.
PRIME-M4 Page 6 of 13
TITLE IV
Natural Resources Management and Conservation
Section 25. Purposes. - The purposes of this Title are:
a) to provide the basics on the management and conservation of the country's
natural resources to obtain the optimum benefits therefrom and to preserve the
same for the future generations, and
b) to provide general measures through which the aforesaid policy may be carried
out effectively.
CHAPTER I
Fisheries and Aquatic Resources
Section 26. Management Policy. - The national government, through the
Department of Natural Resources, shall establish a system of rational exploitation of
fisheries and aquatic resources within the Philippine territory and shall encourage citizen
participation therein to maintain and/or enhance the optimum and continuous productivity of
the same.
Section 27. Measures for Rational Exploitation. - Measures for the rational
exploitation of fisheries and other aquatic resources may include, but shall not be limited to,
the following:
a) undertaking manpower and expertise development;
b) acquiring the necessary facilities and equipment,
c) regulating the marketing of threatened species of fish or other aquatic resources;
d) reviewing all existing rules and regulations on the exploitation of fisheries and
aquatic resources with a view of formulating guidelines for the systematic and
effective enforcement thereof; and
e) conserving the vanishing species of fish and aquatic resources such as turtles,
sea snakes, crocodiles, corals, as well as maintaining the mangrove areas,
marshes and inland areas, coral reef areas and islands serving as sanctuaries for
fish and other aquatic life.
CHAPTER II
Wildlife
Section 28. Management Policy. -- The national government, through the
Department of Natural Resources, shall establish a system of rational exploitation and
conservation of wildlife resources and shall encourage citizen participation in the
maintenance and/or enhancement of their continuous productivity.
PRIME-M4 Page 7 of 13
Section 29. Measures for Rational Exploitation. - Measures for rational
exploitation of wildlife resources may include, but shall not be limited to, the following:
a) regulating the marketing of threatened wildlife resources;
b) reviewing all existing rules and regulations on the exploitation of wildlife
resources with a view of formulating guidelines for the systematic and effective
enforcement thereof; and
c) conserving the threatened species of fauna, increasing their rate of production,
maintaining their original habitat, habitat manipulation, determining bag/cree
limits, population control in relation to the carrying capacity of any given area,
banning of indiscriminate and/or destructive means of catching or hunting them.
CHAPTER III
Forestry and Soil Conservation
Section 30. Management Policy for Forestry. - The national government,
through the Department of Natural Resources, shall undertake a system of rational
exploitation of forest resources and shall encourage citizen participation therein to keep the
country's forest resources at maximum productivity at all times.
Section 31. Measures for Rational Exploitation of Forest Resources. -
Measures for the rational exploitation of forest resources may include, but shall not be
limited to the following:
a) regulating the marketing of threatened forest resources;
b) reviewing all existing rules and regulations on the exploitation of forest resources
with a view of formulating guidelines for the systematic and efficient enforcement
thereof;
c) conserving threatened species of flora as well as increasing their rate of
propagation; the banning of destructive modes of exploitation, kaingin, making or
shifting cultivation, indiscriminate harvesting of minor forest products; the
recycling methods of waste materials; and
d) carrying out a continuing effort on reforestation, timber stand improvement, forest
protection, land classification, forest occupancy management, agri-silviculture,
range management, agri-silvicultural/kaingin management, industrial tree
plantation, parks and wildlife management, multiple use forest, timber
management and forest research.
Section 32. Management Policy on Soil Conservation. - The national
government, through the Department of Natural Resources and the Department of
Agriculture, shall likewise undertake a soil conservation program including therein the
identification and protection of critical watershed areas, encouragement of scientific farming
techniques, physical and biological means of soil conservation, and short-term and long-term
researches and technology for effective soil conservation.
Section 33. Use of Fertilizers and Pesticides. - The use of fertilizers and
pesticides in agriculture shall be regulated, prescribing therefor a tolerance level in their use.
Their use shall be monitored by appropriate government agencies to provide empirical data
for effective regulation.
PRIME-M4 Page 8 of 13
CHAPTER IV
Flood Control and Natural Calamities
Section 34. Measures in Flood Control Program. - In addition to the pertinent
provisions of existing laws, the following shall be included in a soil erosion, sediment and
flood control program:
a) the control of soil erosion on the banks of rivers, the shores or Lakes, and the
sea-shores;
b) the control of flow and flooding in and from rivers and lakes;
c) the conservation of water which, for purposes of this Section shall mean forms of
water, but shall not include captive water;
d) the needs of fisheries and wildlife and all other recreational uses of natural
water;
e) measures to control the damming, diversion, taking, and use of natural water, so
far as any such act may affect the quality and availability of natural water for
other purposes; and
f) measures to stimulate research in matters relating to natural water and soil
conservation and the application of knowledge thereby acquired.
Section 35. Measures to Mitigate Destructive Effects of Calamities. - The
national government, through the Philippine Atmospheric, Geophysical and Astronomical
Services Administration, shall promote intensified and concerted research efforts on weather
modification, typhoon, earthquake, tsunami, storm surge, and other tropical natural
phenomena in order to bring about any significant effect to mitigate or prevent their
destructive effects.
CHAPTER V
Energy Development
Section 36. Policy. - Consistent with the environmental protection policies, the
national government, through the Energy Development Board, shall undertake an energy
development program encouraging therein the utilization of invariant sources such as solar,
wind and tidal energy.
Section 37. Measures for Energy Development. - Measures for energy
development program may include, but shall not be limited to, the following:
a) setting up pilot plants utilizing invariant sources of energy;
b) training of technical personnel for purposes of energy development; and
c) concluding researches aimed at developing technology for energy development.
Section 38. Safety Measures on Energy Development. - Rules and
regulations shall be promulgated to prevent or mitigate the adverse effects of energy
development on the environment. For this purpose, all nuclear powered plants and plants
exploring and utilizing geothermal energy, whether owned or controlled by private or
government entities shall:
PRIME-M4 Page 9 of 13
a) observe internationally accepted standards of safety: and
b) provide safety devices to ensure the health and welfare of their personnel as well
as the surrounding community.
CHAPTER VI
Conservation and Utilization of Surface Ground Waters
Section 39. Management Policy. - In addition to existing laws, the national
government through the National Water Resources Council in coordination with other
appropriate government agencies, shall prescribe measures for the conservation and
improvement of the quality of Philippine water resources and provide for the prevention,
control and abatement of water pollution.
CHAPTER VII
Mineral Resources
Section 40. Management Policy. - The national government, through the
Department of Natural Resources, shall undertake a system of gainful exploitation and
rational and efficient utilization of mineral resources and shall encourage citizen participation
in this endeavor.
Section 41. Measure for Exploitation and Utilization of Mineral Resources. -
Measure for the gainful exploitation and rational and efficient utilization of such mineral
resources may include, but shall not be limited to, the following:
a) increasing research and development in mineral resources technology;
b) training of additional technical manpower needed in geology, geophysics, mining
engineering, and related fields;
c) regulating the exploitation of identified mineral reserves;
d) accelerating the exploitation of undiscovered mineral deposits; and
e) encouraging the establishment of processing plants for refined metal.
TITLE V
Waste Management
Section 42. Purposes. - The purposes of this Title are:
a) to set guidelines for waste management with a view to ensuring its effectiveness;
b) to encourage, promote and stimulate technological, educational, economic and
social efforts to prevent environmental damage and unnecessary loss of valuable
resources of the nation through recovery, recycling and re-use of wastes and
waste products; and
c) to provide measures to guide and encourage appropriate government agencies in
establishing sound, efficient, comprehensive and effective waste management.
PRIME-M4 Page 10 of 13
CHAPTER I
Enforcement and Guidelines
Section 43. Waste Management Programs. - Preparation and implementation
of waste management programs shall be required of all provinces, cities and municipalities.
The Department of Local Government and Community Development shall promulgate
guidelines for the formulation and establishment of waste management program.
Every waste management program shall include the following:
a) an orderly system of operation consistent with the needs of the area concerned;
b) a provision that the operation will not create pollution of any kind or will constitute
public nuisance;
c) a system for a safe and sanitary disposal of waste;
d) a provision that existing plans affecting the development, use and protection of
air, water or natural resources shall be considered;
e) schedules and methods of implementing the development, construction and
operation of the plan together with the estimated costs; and
f) a provision for the periodic revision of the program to ensure its effective
implementation.
Section 44. Responsibility of Local Government. - Each province, city or
municipality shall provide measures to facilitate collection, transportation, processing and
disposal of waste within its jurisdiction in coordination with other government agencies
concerned. For this purpose, the national government shall provide the necessary subsidy
to local governments upon request made through the National Environmental Protection
Council and subject to such terms and conditions as the latter may provide.
CHAPTER II
Methods of Solid Waste Disposal
Section 45. Solid Waste Disposal. - Solid waste disposal shall be by sanitary
landfill, incineration, composting, and other methods as may be approved by competent
government authority.
Section 46. Sanitary Landfills. - Local governments, including private
individuals, corporations or organizations may operate or propose to operate one or more
sanitary landfills. Any entity proposing to operate a sanitary landfill shall submit to the
appropriate government agency an operational work plan showing, among other things, a
map of the proposed work location, disposal areas for rubbish, garbage, refuse and other
waste matter; and the equipment or machinery needed to accomplish its operations. In no
case shall landfill or work locations under this Section be located along any shore or coastline,
or along the banks of rivers and streams, lakes, throughout their entire length, in
violation of any existing rules and regulations.
Section 47. Incineration and Composting Plants. - The installation and
establishment of incineration or composting plants, or the alternation/modification of any part
PRIME-M4 Page 11 of 13
thereof shall be regulated by the local governments concerned in coordination with the
National Pollution Control Commission.
Section 48. Disposal Sites. - The location of solid waste disposal sites shall
conform with existing zoning, land use standards, and pollution control regulations.
Section 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 shore-lines and river banks, where the wastes are likely to be washed into the
water is prohibited. However, dumping of solid wastes or other materials into the sea or any
navigable waters shall be permitted in case of immediate or 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 undertaking solid waste
management programs shall make consultations with the government agencies concerned
with respect to the effects of such dumping to the marine environment and navigation.
CHAPTER III
Methods of Liquid Waste Disposal
Section 50. Liquid Waste Disposal. - Wastewater from manufacturing plants,
industries, community, or domestic sources shall be treated either physically, biologically or
chemically prior to disposal in accordance with the rules and regulations promulgated by
proper government authority.
Section 51. Applicability of Section 49. - The provisions of Section 49 hereof
shall likewise apply to the dumping or disposal of liquid waste into the sea and other bodies
of water.
TITLE VI
Miscellaneous Provisions
Section 52. Population-Environment Balance. - In the assessment of
development projects, the National Environmental Protection Council, hereinafter referred to
in this Title as the Council, shall take into consideration their effect on population with a view
to achieving a rational and orderly balance between man and his environment.
Section 53. Environmental Education. - The Department of Education and
Culture shall integrate subjects on environmental education in its school curricula at all
levels. It shall also endeavor to conduct special community education emphasizing the
relationship of man and nature as well as environmental sanitation and practices.
The Council and other government agencies implementing environmental protection
laws in coordination with public information agencies of the government shall undertake
public information activities for the purpose of stimulating awareness and encouraging
involvement in environmental protection.
Section 54. Environmental Research. - The Council shall undertake and/or
promote continuing studies and research programs on environmental management and
shall, from time to time, determine priority areas of environmental research.
PRIME-M4 Page 12 of 13
Section 55. Monitoring and Dissemination of Environmental Information of
Foreign Origin. - The Council shall keep itself informed of current environmental
developments by obtaining information and literature from foreign sources through the
Department of Foreign Affairs, government agencies and other entities, both domestic and
foreign. Such information and literature shall be given the widest dissemination possible.
Section 56. Incentives. - To operate the installation and the utilization of
pollution control facilities, the following incentives are hereby granted:
a) exemption to the extent of fifty (50) percent of tariff duties and compensating tax
for importation of pollution control equipment, devices, spare parts and
accessories for a period of five (5) years from the effectivity of this Decree
subject to the conditions that will be imposed by the Council;
b) a tax credit equivalent of fifty (50) percent of the value of the compensating tax
and tariff duties that would have been paid on the pollution control equipment,
devices, spare parts and accessories had these items been imported shall, within
a period of seven (7) years from the effectivity of this effectivity of this Decree, be
given to the person or firm who or which purchases them from a domestic
manufacturer, and another tax credit equivalent to twenty-five (25) per cent
thereof shall be given to the said manufacturer subject to such conditions as may
be imposed by the Council; and
c) deductions equivalent to fifty (50) per cent of the expenses actually incurred on
research projects undertaken to develop technologies for the manufacture of
pollution control equivalent which have been proven effective and commercially
reproducible, from the taxable income of the person or firm actually undertaking
such projects subject to the conditions that may be imposed by the Council.
The pollution control equipment, devices, spare parts and accessories acquired
under this Section shall not be sold, transferred or disposed within five (5) years from the
date of acquisition without the prior approval of the Council otherwise the importer or
purchaser shall pay twice the amount of the tax exemption or tax credit granted.
Section 57. Financial Assistance/Grant. - Financial assistance/grant for the
study, design and construction of environmental protection facilities especially for waste
disposal in favor of cities, municipalities, small and medium scale industries may be granted
on case-to-case basis subject to such conditions as may be imposed by the Council.
Section 58. Participation of Local Government Units and Private Individuals.
- It shall be the responsibility of local government units as well as private individuals to
actively participate in the environmental management and protection programs of the
government.
Section 59. Preservation of Historic and Cultural Resources and Heritage. -
It shall be the duty of every person to help preserve the historic and cultural resources of
the country such as sites, structures, artifacts, documents, objects, memorials and priceless
trees.
Section 60. Government Offices Performing Environmental Protection
Functions. - Government agencies vested by laws to exercise environmental
management powers, shall continue to function as such within their respective jurisdictions.
PRIME-M4 Page 13 of 13
The Council may, however, in the exercise of its powers and functions under Presidential
Decree No. 1121, inquire into any action or issue of environmental significance.
Section 61. Public Hearings. - The Council may, whenever it deems
necessary, conduct public hearings on issues of environmental significance.
Definition of Terms. - As used in this Code.
a) "Ambient Air Quality" means the average atmospheric purity as distinguished
from discharge measurements taken at the source of pollution. It is the general
amount of pollution present in a broad area.
b) "Emission" means the act of passing into the atmosphere an air contaminant,
pollutant, gas stream and unwanted sound from a known source.
c) "Water Quality" means the characteristics of water which define its use in terms
of physical, chemical and biological contents;
TITLE VII
Final Provisions
Section 63. Separability of Provisions. - If any provision of this Code, or the
application of such provisions to any person or circumstance, is declared unconstitutional,
the remainder of the Code or the application of such provisions to other persons or
circumstances shall not be affected by such declaration.
Section 64. Effectivity. - This Code shall take effect upon its approval.
Done in the City of Manila, this 6th day of June in the year of Our Lord, nineteen
hundred and seventy-seven.
Executive Order No. 192
PROVIDING FOR THE REORGANIZATION OF THE DEPARTMENT OF
ENVIRONMENT, ENERGY AND NATURAL RESOURCES, RENAMING IT AS THE
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES, AND FOR
OTHER PURPOSES
WHEREAS, Executive Order No. 131, dated January 30, 1987, was suspended;
WHEREAS, a policy having been reached on energy, the reorganization of the Department of
Natural Resources can be effected;
WHEREAS, the environment will be affected by the use, development, management, renewal
and conservation of the countrys natural resources;
WHEREAS, there is a need to protect and enhance the quality of the countrys environment;
WHEREAS, to attain this objective, environmental concerns and natural resources concerns
should be given equal attention by the Department;
WHEREAS, under Article XVIII, Section 6 of the 1987 Constitution, the President shall
continue to exercise legislative powers until the First Congress is convened;
NOW, THEREFORE, I, CORAZON C. AQUINO, PRESIDENT OF THE PHILIPPINES, by
virtue of the powers vested in me by the Constitution, do hereby order;
SECTION 1. Title. This Executive Order shall otherwise be known as the Reorganization Act of
the Department of Environment and Natural Resources.
SECTION 2. Reorganization. The Department of Environment, Energy and Natural Resources
is hereby reorganized structurally and functionally and renamed as the Department of
Environment and Natural Resources, hereinafter referred to as Department, in accordance with
the provisions of this Executive Order.
SECTION 3. Declaration of Policy. It is hereby declared the policy of the State to ensure the
sustainable use, development, management, renewal and conservation of the countrys forest,
mineral, land, off-shore areas and other natural resources, including the protection and
enhancement of the quality of the environment, and equitable access of the different segments of
the population to the development and use of the countrys natural resources, not only for the
present generation but for future generations as well. It is also the policy of the state to
recognize and apply a true value system including social and environmental cost implications
relative to their utilization, development and conservation of our natural resources.
SECTION 4. Mandate. The Department shall be the primary government agency responsible
for the conservation, management, development, and proper use of the countrys environment
and natural resources, specifically forest and grazing lands of the public domain, as well as the
licensing and regulation of all natural resources as maybe provided for by law in order to ensure
equitable sharing of the benefits derived therefrom for the welfare of the present and future
generations of Filipinos.
To accomplish this mandate, the Department shall be guided by the following objectives that
will serve as basis for policy formulation:
a Assure the availability and sustainability of the countrys natural resources
through judicious use and systematic restoration of replacement,
whenever possible;
b Increase the productivity of natural resources in order to meet the demands
for forest, mineral and land resources of a growing population;
c k
d Enhance the contribution of natural resources for achieving national
economic and social development;
e Promote equitable access to natural resources by the different sectors of the
population;
f Conserve specific terrestrial and marine areas representative of the
Philippine natural and cultural heritage for present and future generations.
SECTION 5. Powers and Functions. To accomplished its mandate, the Department shall have
the following functions:
a Advise the President on the enactment of laws relative to the development,
use, regulation and conservation of the countrys natural resources; and
the control of pollution;
b Formulate, implement and supervise the governments policies, plans and
programs pertaining to the management, conservation, development, use
and replenishment of the countrys natural resources;
c Promulgate rules and regulations in accordance with the law governing the
exploration, development, conservation, extraction, disposition, use and
such other commercial activities tending to cause the depletion and
degradation, of our natural resources.
d Exercise supervision and control over forest lands, alienable and disposal
lands, and mineral resources and in the process of exercising such
control the Department shall impose appropriate payments, fees,
charges, rentals and any such revenues for the exploration, development,
utilization or gathering of such resources.
e Undertake exploration, assessment, classification and inventory of the
countrys natural resources using ground surveys, remote sensing and
complementary technologies;
f Promote proper and mutual consultation with the private sector involving
natural resources development, use and conservation;
g Undertake geological surveys of the whole country including its territorial
waters;
h Establish policies and implement programs for the:
i Accelerated inventory, surveys and classification of lands, forest,
and mineral resources using appropriate technology, to be able
to come up with a more accurate assessment of resource quality
and quantity;
j Equitable distribution of natural resources through the judicious
administration, regulation, utilization, development and
conservation of public lands, forest and mineral resources
(including mineral reservation areas); that would benefit a
greater number of Filipinos;
Promotion, development and expansion of natural resource-based
industries;
l Preservation of cultural and natural heritage through wildlife
conservation and segregation of national parks and other
protected areas;
m Maintenance of a wholesome natural environment by enforcing
environmental protection laws; and
n Encouragement of greater people participation and private
initiative in natural resource management.
o Promulgate rules and regulations necessary to:
p Accelerate cadastral and emancipation patent surveys, land use
planning and public land titling;
q Harness forest resources in a sustainable manner, to assist
development, support forest-based industries, and provide raw
materials to meet increasing demands, at the same time
keeping adequate reserves for environmental stability; and
r Expedite mineral resources surveys, promote the production of
metallic and non-metallic minerals and encourage mineral
marketing.
s Regulate the development, disposition, extraction, exploration and use of the
countrys forest, land and mineral resources;
t Assume responsibility for the assessment, development, protection,
conservation, licensing and regulation as provided for by law, where
applicable, of all natural resources; the regulation and monitoring of
service contractors, licensees, leasees, and permittees for the extraction,
exploration, development and utilization of natural resources products;
the implementation of programs and measures with the end view of
promoting close collaboration between the government and the private
sector; the effective and efficient classification and sub-classification of
lands of the public domain; and the enforcement of natural resources
laws, rules and regulations;
u Promulgate rules, regulations and guidelines on the issuance of co-
production, joint venture or production sharing agreements, licenses,
permits, concessions, leases and such other privileges and arrangement
concerning the development, exploration and utilization of the countrys
natural resources and shall continue to oversee, supervise and police our
natural resources; to cancel or cause to cancel such privileges and
arrangement upon failure, non-compliance or violations of any
regulations, orders, and for all other causes which are furtherance of the
conservation of natural resources and supportive of the national interest;
v Exercise exclusive jurisdiction on the management and disposition of all
lands of the public domain and shall continue to be the sole agency
responsible for classification, sub-classification, surveying and titling of
lands in consultation with appropriate agencies;
w Implement measures for the regulation and supervision of the processing of
forest products, grading and inspection of lumber and other forest
products and monitoring of the movement of timber and other forest
products;
x Promulgate rules and regulations for the control of water, air and land
pollution;
y Promulgate ambient, and affluent standards for water and air quality
including the allowable levels of other pollutants and radiations;
z Promulgate policies, rules and regulations for the conservation of the
countrys genetic resources and biological diversity and endangered
habitat;
aa Formulate an integrated, multi-sectoral and multidisciplinary National
Conservation Strategy, which will be presented to the cabinet for the
Presidents approval;
bb Exercise other powers and functions and perform such other acts as may be
necessary, proper or incidental to the attainment of its mandates and
objectives.
SECTION 6. Structural Organization. The Department shall consist of the Department
Proper, the staff offices, the staff bureaus and the regional/provincial/community natural
resources offices.
The Department Proper shall consist of the following:
a. Office of the Secretary
b. Offices of the Undersecretaries
c. Offices of Assistant Secretaries
d. Public Affairs Office
e. Special Concerns Office
f. Pollution Adjudication Office
The staff sectoral bureaus on the other hand, shall compose of:
a. Forest Management Bureau
b. Lands Management Bureau
c. Mines and Geo-Sciences Bureau
d. Environmental Management Bureau
e. Ecosystems Research and Development Bureau
f. Protected Areas and Wildlife Bureau
The field offices shall consist of all the department of regional offices, the provincial offices and
the community offices.
SECTION 7. Secretary of Environment and Natural Resources. The authority and
responsibility for the exercise of the mandate of the Department, the accomplishment of its
objectives and the discharge of its powers and functions shall be vested in the Secretary of
Environment and Natural Resources, hereinafter referred to as Secretary, who shall supervise
the Department and shall be appointed by the President. For such purposes, the Secretary shall
have the following functions;
a Advise the President on the promulgation of rules, regulations and other
issuances relative to the conservation, management, development and
 proper use of the countrys natural resources;
b Establish policies and standards for the efficient and effective operations of
the Department in accordance with the programs of the government;
c Promulgate rules, regulations and other issuances necessary in carrying out
the Departments mandate, objectives, policies, plans, programs and
projects;
d Exercise supervision over all functions and activities of the Department;
e Delegate authority for the performance of any administrative or substantive
function to subordinate officials of the Department;
f Perform other functions as may be provided by law or assigned appropriately
by the President.
SECTION 8. Office of the Secretary. The Office of the Secretary shall consist of the secretary
and his immediate staff.
SECTION 9. Undersecretary. The Secretary shall be assist by five (5) Undersecretaries who
shall be appointed by the President upon the recommendation of the Secretary. The Secretary is
hereby authorized to delineate, assign and/or reassign the respective functional areas of
responsibility of the Undersecretary, provided, that such responsibility shall be with respect to
the mandate and objectives of the Department; and provided, further, that no Undersecretary
shall be assigned primarily administrative responsibilities. Within his functional area of
responsibilities, an Undersecretary shall have the following functions:
a Advise the Secretary in the promulgation of department orders,
administrative orders and other issuances, with respect to his area of
responsibility;
b Exercise supervision over the offices, services, operating units and officers
and employees under his responsibility;
c Promulgate rules and regulations, consistent with Department policies, that
will efficiently and effectively govern the activities of units under his
responsibility;
d Coordinate the functions and activities of the units under his responsibility
with those of other units under the responsibility of other
Undersecretaries;
e Exercise authority on substantive and administrative matters related to the
functions and activities of units under his responsibility as may be
delegated by the Secretary;
f Perform other functions as may be provided by law or assigned appropriately
by the Secretary.
SECTION 10. Assistant Secretary. The Secretary and the Undersecretaries shall be assisted by
seven (7) Assistant Secretaries in the formulation, management and implementation of natural
resources laws, policies, plans, and programs and projects. They shall oversee the day-to-day
operations, administration and supervision of the constituents of the Department. The Seven (7)
Assistant Secretaries shall be responsible for the following:
a Policy and Planning Studies
b Foreign-Assisted and Special Projects
c Field Operations in Luzon
d Field Operations in Visayas
e Field Operations in Mindanao
f Legal Affairs
g Management Services
SECTION 11. Public Affairs Office. There is hereby created a Public Affairs Office, under the
Office of the Secretary , to be headed by a Director and assisted by an Assistant Director, which
shall serve as the public information arm of the Department. It shall be responsible for
disseminating information on natural resources development policies, plans, programs and
projects; and respond to public queries related to the development and conservation of natural
resources.
The Public Affairs Offices of all bureaus are hereby abolished and their functions are transferred
to the Public Affairs Office in accordance with Section 24 (b) hereof.
SECTION 12. Special Concerns Office. There is hereby created a Special Concerns Office
under the Office of the Secretary, to be headed by a Director and assisted by Assistant Director,
which shall be responsible for handling priority areas/subjects identified by the Secretary which
necessitates special and immediate attention.
SECTION 13. Forest Management Bureau. There is hereby created a Forest Management
Bureau which shall integrated and absorb the powers and functions of the Bureau of Forest
Development (BFD) and the Wood Industry Development Authority (WIDA), in accordance with
Section 24 (e) hereof except those line functions and powers are transferred to the regional field
office. The Forest Management Bureau, to be headed by a Director and Assistant Director shall
advise the Secretary on matters pertaining to forest development and conservation and shall
have the following functions, but not limited to:
a Recommend policies and/or programs for the effective protection,
development, occupancy, management and conservation of forest lands
and watersheds, including grazing and mangrove areas, reforestation and
rehabilitation of critically denuded/degraded forest reservations,
improvement of water resource use and development, ancestral lands,
wilderness areas and other natural preserves, development of forest
plantations including rattan, bamboo, and other valuable non-timber
forest resources, rationalization of the wood-based industries, regulation
of the utilization and exploitation of forest resources including wildlife,
to ensure continued supply of forest goods and services.
b
c Advise the regional offices in the implementation of the above policies
and/or programs.
d Develop plans, programs operating standards and administrative measures to
promote the Bureaus objectives and functions.
e Assist in the monitoring and evaluation of forestry and watershed
development projects to ensure efficiency and effectiveness.
 f Undertake studies on the economics of forestry and forest-based industries,
including supply and demand trends on the local, national and
international levels, identifying investment problems and opportunities,
in various areas.
g Perform other functions as maybe assigned by the Secretary and/or provided
by law.
SECTION 14. Lands Management Bureau. There is hereby created the Lands
Management Bureau which shall absorb functions and powers of the Bureau of
Lands except those line functions and powers which are transferred to the regional
field office. The Lands Management Bureau to be headed by a Director and
assisted by an Assistant Director shall advise the Secretary on matters pertaining
to a rational classification management and disposition and shall have the
following functions; but not limited to:
a Recommend policies and programs for the efficient and effective
administration, surveys, management and disposition of alienable and
disposable lands of the public domain and other lands outside the
responsibilities of other government agencies; such as reclaimed areas
and other areas not needed for or are not being utilized for purposes
b for which they have been established;
c Advise the Regional Offices on the efficient and effective implementation of
policies, programs and projects for more effective public lands
management:
d Assist in the monitoring and evaluation of land surveys, management and
disposition of lands to ensure efficiency and effectiveness thereof
e Issue standards, guidelines, regulation and orders to enforce policies for the
maximization of land use and development;
f Develop operating standards and procedures to enhance the Bureaus
objectives and functions;
g Assist the Secretary as Executive Officer charged with carrying out the
provisions of the Public Land Act (CA141 as amended) who shall have
direct executive control of the survey, classification, lease, sale or any
other forms of concession or disposition and management of the lands of
the public domain;
h Perform other functions as may be assigned by the Secretary and/or provided
by law.
SECTION 15. Mines and Geo-Sciences Bureau. There is hereby created the Mines and Geo-
Sciences Bureau which shall absorb the functions of the Bureau of Mines and Geo-Sciences
(BMGS), Mineral Reservations Development Board (MRDB) and the Gold Mining Industry
Development Board (GMIDB) all of which are hereby merged in accordance with Section 24
hereof except those line functions and powers which are transferred to the regional field office.
The Mines and Geo-Sciences Bureau, to be headed by a Director and assisted by an Assistant
Director shall advise the Secretary on matters pertaining to geology and mineral resources
exploration, development and conservation and shall have the following functions, but not
limited to:
a Recommend policies, regulations and programs pertaining to mineral
resources development and geology;
b Recommend policies, regulations and oversee the development and
exploitation of mineral resources of the sea within the countrys
jurisdiction such as silica sand, gold placer, magnetite and chromite
sand, etc;
c Advise the Secretary on the granting of mining rights and contracts over
areas containing metallic and non-metallic mineral resources;
d Advise the Regional Offices on the effective implementation of mineral
development and conservation programs as well as geological surveys;
e Assist in the monitoring and evaluation of the Bureaus programs and
projects to ensure efficiency and effectiveness thereof;
f Develop and promulgates standards and operating procedures on mineral
resources development and geology;
g Supervise and control the development and packaging of nationally
applicable technologies on geological survey, metallurgy; mineral
resource assessment; the provision of geological, metallurgical, chemical
and rock mechanics laboratory services; the conduct of marine geological
and geophysical survey and natural mining and exploration drilling
programs;
h Perform other functions as may be assigned by the Secretary and/or provided
by law.
SECTION 16. Environmental Management Bureau. There is hereby created an
Environmental Management Bureau. The National Environmental Protection
Council (NEPC), the National Pollution Control Commission (NPCC) and the
Environmental Center of the Philippines (ECP), are hereby abolished and their
powers and functions are hereby integrated into the Environmental Management
Bureau in accordance with Section 24 (c) hereof, subject to Section 19 hereof. The
Environmental Management Bureau shall be headed by a Director and assisted by
an Assistant Director who shall advise the Secretary on matters relating to
environmental management, conservation, and pollution control. The
Environmental Management Bureau shall have the following functions:
a Recommend possible legislations, policies and programs for environmental
management and pollution control;
b Advise the Regional Offices in the efficient and effective implementation of
policies, programs, and projects for the effective and efficient
environmental management and pollution control;
c Formulate environmental quality standards such as the quality standards for
water, air, land, noise and radiations;
 d Recommend rules and regulations for environmental impact assessments and
provide technical assistance for their implementation and monitoring;
e Formulate rules and regulations for the proper disposition of solid wastes,
toxic and hazardous substances;
f Advice the Secretary on the legal aspects of environmental management and
pollution control and assist in the conduct of public hearings in pollution
cases;
g Provide secretariat assistance to the Pollution Adjudication Board, created
under Section 19 hereof;
h Coordinate the inter-agency committees that may be created for the
preparation of the State of the Philippine Environment Report and the
National Conservation Strategy;
i Provide assistance to the Regional Offices in the formulation and
dissemination of information on environmental and pollution matters to
the general public;
j Assist the Secretary and the Regional Officers by providing technical
assistance in the implementation of environmental and pollution laws;
k Provide scientific assistance to the Regional Offices in the conduct of
environmental research programs.
SECTION 17. Ecosystems Research and Development Bureau. The Forest Research Institute
and the National Mangrove Committee are hereby abolished and integrated into the Ecosystems
Research and Development Bureau in accordance with Section 24 (e) hereof. The Ecosystems
Research and Development Bureau shall be headed by a Director and assisted by an Assistant
Director. The Bureau shall have the following functions:
a Formulate and recommend an integrated research program relating to
Philippine ecosystems and natural resources such as minerals, lands,
forest, as holistic and interdisciplinary fields of inquiry;
b Assist the Secretary in determining a systems of priorities for the allocation
of resources to various technological research programs of the
department;
c Provide technical assistance in the implementation and monitoring of the
aforementioned research programs;
d Generate technologies and provide scientific assistance in the research and
development of technologies relevant to the sustainable use of Philippine
ecosystems and natural resources;
e Assist the Secretary in the evaluation of the effectiveness of the
implementation of the integrated research program.
The Ecosystems Research and Development Bureau shall directly manage and administer the
FORI Research Offices, laboratories, and forest experiment stations located at UP Los Baos
and such other field laboratories as the Secretary may assign to its direct supervision. The
Bureau shall coordinate all technological researches undertaken by the field offices, assess and
translate all recommendable findings and disseminate such findings for all possible users and
clientele.
SECTION 18. Protected Areas and Wildlife Bureau. There is hereby created a Protected
Areas and Wildlife Bureau which shall absorb the Division of Parks and Wildlife and the
Marine Parks Program of the Bureau of Forest Development as well as: Calauit Game Preserve
and Wildlife Sanctuary, Presidential Committee on the Conservation of Tamaraw, Ninoy Aquino
Parks and Wildlife Center formerly Parks and Wildlife Nature Center, shares in Kabuhayan
Program and Agro-Forestry State Projects of the KKK Processing Authority, all national parks,
wildlife sanctuaries and game preserves previously managed and administered by the Ministry
of Human Settlements including National Parks Reservation situated in the provinces of
Bulacan, Rizal, Laguna and Quezon formerly declared as Bagong Lipunan Sites of said
Ministry, Magat Forest Reservation and Mt. Arayat National Park, formerly with the Ministry of
Tourism in accordance with Section 24 (c) hereof. The Protected Areas and Wildlife Bureau
shall be headed by a Director and assisted by an Assistant Director. The Bureau shall have the
following functions:
a Formulate and recommend policies, guidelines, rules and regulations for the
establishment and management of an Integrated Protected Areas System
such as national parks, wildlife sanctuaries and refuge, marine parks,
and biospheric reserves;
b Formulate and recommend policies, guidelines, rules and regulations for the
preservation of biological diversity, genetic resources, the endangered
Philippine flora and fauna;
c Prepare an up-to-date listing of endangered Philippine flora and fauna and
recommend a program of conservation and propagation of the same;
d Assist the Secretary in the monitoring and assessment of the management of
the Integrated Protected Areas System and provide technical assistance
to the regional offices in the implementation of programs for these areas;
e Perform other functions as may be assigned by the Secretary and/or provided
by law.
SECTION 19. Pollution Adjudication Board. There is hereby created a Pollution Adjudication
Board under the Office of the Secretary. The Board shall be composed of the Secretary as
Chairman, two (2) Undersecretaries as maybe designated by the Secretary, the Director of the
Environmental Management, and three (3) others to be designated by the Secretary as members.
The board shall assume the powers and functions of the Commission/Commissioners of the
National Pollution Control Commission with respect to the adjudication of pollution cases under
Republic Act 3931 and Presidential Decree 984, particularly with respect to Section 6 letters
e,f,g,j,k and p of P.D. 984. The Environmental Management Bureau shall serve as the
Secretariat of the Board. These powers and functions maybe delegated to the regional officers of
the Department in accordance with rules and regulation to be formulated by the Board.
SECTION 20. Field Offices of the Department. The field offices of the Department are the
Environment and Natural Resources Regional Offices in the thirteen (13) administrative regions
of the country, the Environment and Natural Resources Provincial Office in every province and
Community Office and municipalities wherever deemed necessary. The Regional Offices of the
Bureau of Forest Development, Bureau of Mines and Geo-Sciences and Bureau of Lands in
each thirteen (13) administrative regions and the research centers of the Forest Research
Institute are hereby integrated into the Department-wide Regional Environment and Natural
Resources Office of the Department, in accordance with Section 24 (e) hereof. A Regional
Office shall be headed by a Regional Executive Director (with the Rank of Regional Director)
and shall be assisted by five (5) Regional Technical Directors (with the Rank of Assistant
Regional Director) each for Forestry, Land Management, Mines and Geo-Sciences,
Environmental Management and Ecosystems Research. The Regional Executive Directors and
Regional Technical Directors shall be Career Executive Service Officers.
SECTION 21. Functions of Environment and Natural Resources Regional Office.
Environment and Natural Resources Regional Offices shall be located in the identified regional
capitals and shall have the following functions, but not limited to:
a Implement laws, policies, plans, programs, projects, rules and regulations of
the Department to promote the sustainability and productivity of natural
resources, social equity in natural resources utilization and
environmental protection;
b Provide efficient and effective delivery of services to the people;
c Coordinate with Regional Offices of other departments, offices, agencies in
the region and local government units in the enforcement of natural
resource conservation laws and regulations, and in the
formulation/implementation of natural resources programs and projects;
d Recommend and, upon approval, implement programs and projects on
forestry, minerals, and land management disposition;
e Conduct comprehensive inventory of natural resources in the regions and
formulate regional short and long-term development plans for the
conservation, utilization and replacement of natural resources;
f Evolve respective regional budget in conformity with the priorities
established by the Regional Development Councils;
g Supervise the processing of natural resources products, grade and inspect
minerals, lumber and other wood processed products, and monitor the
movement of these products;
h Conduct field researches for appropriate technologies recommended for
various projects;
i Perform other functions as may be assigned by the Secretary and/or provided
by law.
The natural resources provincial and community offices shall absorb, respectively, the functions
of the district offices of the bureaus, which are hereby abolished in accordance with Section 24
(b) hereof. The provincial and community natural resource office shall be headed by a provincial
natural resource officer and community natural resource officer, respectively.
SECTION 22. Attached Agencies and Corporations. The following agencies and corporations
are attached to the Department:
a National Mapping and Resource Information Authority. There is hereby
created the National Mapping and Resource Information Authority
(NAMRIA) which shall integrate the functions and powers of the Natural
Resource and Management Center (NRMC), National Cartography Authority
(NCA), the Bureau of Coast and Geodetic Survey (BCGS), and the Land
Classification Teams based at the then Bureau of Forest Development, in
accordance with Section 24 (e) hereof, which shall provide the Department
and the government with map-making services. The authority shall act as the
central mapping agency which will serve the needs of the line services of the
Department and other government offices with regard to information and
researches and shall expand its capability in the production and maintenance
of maps, charts and similar photogrammetry and cartography materials.
The Authority shall be responsible for conducting research on remote
sensing technologies such as satellite imagery analysis, airborne multi-
spectral scanning systems, and side-looking airborne radar; provide
remote sensing services and vital data on the environment, water
resources, agriculture, and other information needed by other
government agencies and the private sector; integrate all techniques of
producing maps from the ground surveys to various combinations of
remote sensing techniques in a cost effective and acceptable manner; and
the integration of geographic and related information to facilitate access
to an analysis of data and its transformation and to useful information for
resource policy formulation, planning management. It shall be the central
depository and distribution facility for natural resources data in the form
of maps, statistics, text, charts, etc. store on paper film or computer
compatible media and shall operate information services and networks to
facilitate transfer, sharing access and dissemination of natural resource
information in all regions and provinces of the country; establishment of
nationwide geodetic network of control points that serves as a common
reference system for all surveys in the country and conduct hydrographic
and coastal surveys to produced the hydrographic and nautical charts
vital to sea and water travel as well as the exploitation of our marine
resources; formulate and implement nationwide development program on
aerial photography, cartography and remote sensing mapping activities;
establish and implement technical standards and quality specifications
on map production and its reproduction; and provide photogrammetry,
cartographic and remote sensing mapping services in order to accelerate
the development of a comprehensive data bank and information systems
on base maps and charts.
The NAMRIA shall be provided with a policy directions by a five (5) member Board of
Governors consisting of key officers with no less than the rank of undersecretaries as follows:
Department of Environment and Natural Resources - Chairman
Department of Agriculture - Member
Department of Public Works and Highways - Member
Department of National Defense - Member
Department of Transportation and Communication - Member
provided elsewhere in this Executive Order:
The operations and management of NAMRIA shall be vested in an Administrator who shall be
assisted by three (3) Deputy Administrators. The Administrator shall sit in the Board as its
Secretary.
b. Natural Resources Development Corporation. The existing Natural
Resources Development Corporation (NRDC), shall be reorganized
under the direct supervision of the Secretary. It shall be responsible
primarily for promoting natural resource development and conservation
through:
1 Direct involvement in pioneering but potentially viable production, use, and
marketing ventures or projects using new/innovative technologies,
systems, and strategies such as but not limited to stumpage sale system,
industrial forest plantations or logging operations, rattan tissue culture;
provided, however, that activities which compete with the private sector
shall be avoided except in specific cases were the revenue of NRDC are
earmarked for a specific local developmental or social service.
2 Financing natural resources development projects undertaken by the private
sector such as establishing industrial tree plantations, agro-forestry, small
scale mining and retooling of the natural resources based processing
industries to improve their efficiency and competitiveness; to discharge these
functions effectivity, it is hereby authorized to generate funds through debt
instruments from various sources, and innovative income-generating
strategies.
The NRDC shall promote the enhancement of forest renewal rate through intensified industrial
Tree Plantation promotion including the provision of incidental services such as extension of
assistance on equity/capital, credit line/facilities, marketing and management.
c. The National Electrification Administration. The National
Electrification Administration (NEA) which is also attached to the
Department shall be reorganized in order that it can effectively and
efficiently act and operate as the principal implementing arm of the
Department in matters of energy forming and aspects and components of
energy policies, programs and plans which can not be carried out by the
private sector. The plans and programs of NEA shall be carried out in
conformity with policies defined by appropriate energy authorities.
SECTION 23. Detachment and Transfer. The following offices and corporations attached to
the Department of Environment, Energy and Natural Resources by E.O. 131 are hereby
detached and/or transferred as follows:
a Manila Seedling Bank Foundation, Inc. is administratively detached from
the Department.
b Bureau of Energy Utilization, and
c Bureau of Energy Development are transferred to the appropriate energy
governing body pursuant to the Executive Order pertaining to it.
SECTION 24. Transitory Provisions. In accomplishing the acts of reorganization herein
prescribed, the following transitory provisions shall be complied with, unless otherwise
1 The transfer of a government unit shall include the functions, appropriations, funds,
records, equipment, facilities, chosen in action, rights, other assets, and liabilities,
if any, of the transferred unit as well as the personnel thereof, as maybe necessary,
who shall, in a hold-over capacity, continue to perform their respective duties and
responsibilities and receive the corresponding salaries and benefits. Those
personnel for the transferred unit whose positions are not included in the
Departments new position structure and staffing pattern approved and prescribed
by the Secretary or who are not reappointed shall be deemed separated from the
service and shall be entitled to the benefits provided in the second paragraph of
Section 25 hereof.
2 The transfer of functions which results in the abolition of the government unit that
exercised them shall include the appropriations, funds, records, equipment,
facilities, chosen in action, rights, other assets and personnel as may be necessary
to the proper discharge of the transferred functions. the abolished units remaining
appropriations and funds, if any, shall revert to the General Fund and its
remaining assets, if any, shall be allocated to such appropriate units as the
Secretary shall determine or shall otherwise be disposed in accordance with the
Government Auditing Code and other pertinent laws, rules and regulations. Its
liabilities, if any, shall likewise be treated in accordance with the Government
Auditing Code and pertinent laws, rules, and regulations. Its personnel shall in
hold-over capacity, continue to perform their duties and responsibilities and
receive the corresponding salaries and benefits. Its personnel whose positions are
not included in the Departments structure and staffing pattern approved and
prescribed by the Secretary under Section 25 hereof or who is not reappointed,
shall be deemed separated for the service and shall be entitled to the benefits
provided in the second paragraph of the same Section 25.
3 Any transfer of functions which does not result in the abolition of the government unit
has exercised them shall include the appropriations, funds, records, equipment,
facilities, chosen in action, rights and assets and personnel as may be necessary to
the proper discharge of the transferred functions. The liabilities, if any, that may
have been incurred in connection with the discharge of the transferred functions,
shall be treated in accordance with the Government Auditing Code and other
pertinent laws, rules and regulations. Such personnel shall, in a hold-over
capacity, continue to perform their duties and responsibilities and receives the
corresponding salaries and benefits unless in the meantime they are separated
from the service. Any personnel, whose positions are not included in the
Departments new positions structure and staffing pattern approved and prescribed
by the Secretary under Section 25, hereof or who is not reappointed, shall be
deemed separated from the service and shall be entitled to the benefits provided in
the second paragraph of the same Section 25.
4 In case of the abolition of the government unit which does not result in the transfer of
its functions to another unit, the appropriations and funds of the abolished entity
shall revert to the General Fund, while the records, equipment, facilities, chosen
in action, rights, and other assets thereof shall be allocate to such appropriate
entities as the Secretary shall determine or shall otherwise be disposed in
 accordance with the Government Auditing Code and other pertinent laws, rules
and regulations. The liabilities of the abolished units shall be created in
accordance with the Government Auditing Code and other pertinent laws, rules
and regulations, while the personnel thereof, whose position, is not included in the
Departments new position structure and staffing pattern approved and prescribed
by the Secretary under Section 25 hereof or who has not been reappointed, shall
be deemed separated from the service and shall be entitled to the benefits
provided in the second paragraph of the same Section 25.
5 In case of merger or consolidation of government units, the new or surviving unit shall
exercise the functions (subject to the reorganization herein prescribed and the
laws, rules and regulations pertinent to the exercise of such functions) and shall
acquire the appropriations, funds, records, equipment, facilities, chosen in action,
rights and other assets, liabilities, if any, and personnel, as may be necessary, of
the units that compose the merged unit shall, in an hold-over capacity, continue to
perform their respective duties and responsibilities and receive the corresponding
salaries and benefits unless in the meantime they are separated for the service.
Any such personnel, whose positions are not included in the Departments new
position structure and staffing pattern approved and prescribed by the Secretary
under Section 25 hereof or who are not reappointed, shall be deemed separated
from the service and shall be entitled to the benefits provided in the second
paragraph of the same Section 25.
6 In case of termination of a function which does not result in the abolition of the
government unit which performed such functions, the appropriations and funds
intended to finance the discharge of such function shall revert to the General Fund
while the records, equipment, facilities, chosen in action, rights and other assets used
in connection with the discharged of such function shall be allocated to the appropriate
units as the Department shall determine or shall otherwise be disposed in accordance
with the Government Auditing Code and other pertinent laws, rules and regulations.
The liabilities, if any, that may have incurred in connection with the discharge of such
function shall likewise be treated in accordance with the Government Auditing Code
and other pertinent laws, rules and regulations. The personnel who have performed
such function, whose positions are not included in the Department new position
structure and staffing pattern approved and prescribed by the Secretary under Section
25 hereof or who have not been reappointed, shall be deemed separated from the
service and shall be entitled to the benefits provided in the second paragraph of the
same Section 25 hereof.
SECTION 25. New Structure and Pattern. Upon approval of this Executive Order, the officers
and employees of the Department shall, in a hold-over capacity, continue to perform their
respective duties and responsibilities and other receive the corresponding salaries and benefits
unless in he meantime they are separated from the government service.
The new position structure and staffing pattern of the Department shall be approved and
prescribed by the Secretary within sixty (60) days from the effectivity of this Executive Order
and the authorized positions created thereunder shall be filled with regular appointments by him
or by the President as the case may be. Those incumbents whose position are not included
therein or who are not reappointed shall be deemed separated from the service. Those separated
from the service shall receive the retirement benefits to which they may be entitled under
existing laws, rules and regulations. Otherwise, they shall be paid the equivalent of one (1)
month basic salary for every year of service in the government, or a fraction thereof, computed
on the basis of the highest salary received, but in no case such shall payment exceed the
equivalent of twelve (12) months salary.
SECTION 26. Periodic Performance Evaluation. The Department of Environment and
Natural Resources is hereby required to formulate and enforce a system of measuring and
evaluating periodically and objectively the performance of the Department and submit the same
annually to the President.
SECTION 27. Notice or Consent Requirement. If any reorganizational change herein
authorized is of such substance or materiality as to prejudice third persons with rights
recognized by law or contract such that notice to consent or creditors is required to be made or
obtained pursuant to any agreement entered into with any of such creditors, such notice or
consent requirement shall be complied with prior to the implementation of such reorganizational
change.
SECTION 28. Prohibition Against Structural Changes. No change in the reorganization
herein prescribed shall be valid except upon prior approval of the President for the purpose of
promoting efficiency and effectiveness in the delivery of public services.
SECTION 29. Funding. Funds needed to carry out the provisions of this Executive Order shall
be taken from the funds available in the Department.
SECTION 30. Implementing Authority of the Secretary. The Secretary shall issue such
orders, rules and regulations and other issuances as maybe necessary to ensure the effective
implementation of the provision of this Executive Order.
SECTION 31. Separability. Any portion or provision of this Executive Order that may be
declared unconstitutional shall not have the effect of nullifying other portions or provisions
hereof as long as such remaining portions or provisions can still subsist and be given effect in
their entirety.
SECTION 32. Repealing Clause. All laws, ordinances, rules, regulations and other issuances or
parts thereof, which are inconsistent with this Executive Order, are hereby repealed or modified
accordingly.
SECTION 33. Effectivity. This Executive Order shall take effect immediately.
APPROVED in the City of Manila, Philippines, this 10th day of June, in the year of Our Lord,
Nineteen Hundred and Eighty Seven.
PROCLAMATION NO. 2146
[DECEMBER 14, 1981]
PROCLAIMING CERTAIN AREAS AND TYPES OF
PROJECTS AS ENVIRONMENTALLY CRITICAL AND
WITHIN THE SCOPE OF THE ENVIRONMENTAL
IMPACT STATEMENT SYSTEM ESTABLISHED UNDER
PRESIDENTIAL DECREE NO. 1586.
WHEREAS, it is the national policy to attain and a.Non-ferrous metal industries
maintain a rational and orderly balance between
socio-economic growth and environmental conservation b. Iron and steel mills
and protection;
c.Petroleum and petro-chemical industries
WHEREAS, there is an urgent need to bring about an including oil and gas
intensive, integrated program of environmental
protection through a requirement of environmental
impact assessments and statements; d. Smelting plants

WHEREAS, the environmental impact statement system II. Resource Extractive Industries
established under Presidential Decree No. 1586 calls
for the proper management of environmentally critical a.Major mining and quarrying projects
area,
b. Forestry projects
WHEREAS, the pursuit of a comprehensive and
integrated environmental protection program 1. Logging
necessitates the establishment and
institutionalization of a system whereby the
exigencies of socio-economic undertakings can be 2. Major wood processing projects
reconciled with the requirements of environmental
protection and conservation; 3. Introduction of fauna (exotic-
animals) in public/private
WHEREAS, the national leadership mandates the forests
establishment of such a system to regulate and
minimize the environmental impacts of projects and 4. Forest occupancy
undertakings which may significantly affect the
quality of the environment in Presidential Decree No. 5.Extraction of mangrove products
1586, and

6. Grazing
WHEREAS, in the effective implementation of such a
system, there arises the need to identify and declare
certain projects determined to be environmentally c. Fishery Projects
critical.
1. Dikes for fishpond development
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of projects
the Philippines, by virtue of the powers vested in me
by law, hereby proclaim the following areas and types III. Infrastructure Projects
of projects as environmentally critical and within
the scope of the Environmental Impact Statement a. Major dams
System.

b. Major power plants (fossil-fueled,

A. Environmentally Critical Projects nuclear fueled, hydroelectric or
geothermal)
I. Heavy Industries
 c. Major reclamation projects 11. Mangrove areas characterized by one or any
combination or the following
d. Major roads and bridges. conditions:chanroblesvirtuallawlibrary

B. Environmentally Critical Areas a. with primary pristine and dense young

growth;

1. All areas declared by law as national parks,

watershed reserves, wildlife preserves and b. adjoining mouth of major river systems;
sanctuaries;
c. near or adjacent to traditional
2. Areas set aside as aesthetic potential tourist productive fry or fishing grounds;
spots;
d. which act as natural buffers against
3. Areas which constitute the habitat for any shore erosion, strong winds and storm
endangered or threatened species of indigenous floods;
Philippine Wildlife (flora and fauna);
e. on which people are dependent for their
4. Areas of unique historic, archaeological , or livelihood.
scientific interests;
12. Coral reef characterized by one or any
5. Areas which are traditionally occupied by cultural combination of the following
communities or tribes; conditions:chanroblesvirtuallawlibrary

6. Areas frequently visited and/or hard-hit by a. with 50% and above live coralline cover;
natural calamities geologic hazards, floods,
typhoons, volcanic activity, etc. b. Spawning and nursery grounds for fish;

7. Areas with critical slopes; c. Which act as natural breakwater of coastlines.

8. Areas classified as prime agricultural lands; This Proclamation shall take effect immediately.

9. Recharged areas of aquifers;
10. Water bodies characterized by one
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
activities.
IN WITNESS WHEREOF, I have hereunto set my hand and
caused the seal of the Republic of the Philippines to
or any be affixed.
Done in the City of Manila, this 14th day of
December, in the year of Our Lord, nineteen hundred
and eighty one.chanrobles virtualawlibrary
(SGD.) FERDINAND E. MARCOS
President of the Philippines
By the President:chanroblesvirtuallawlibrary
fishery
 DENR ADMINSTRATIVE ORDER Section 3.0 Definition of Terms

No. 1.2.7For the purpose of these rules and regulations, whenever any of the following words and
05 terms are used therein, they shall have the meaning ascribed in this section:
Series of 2000
1.Ambient levels or standards refers to the allowance of maximum levels of selected
pollutants in a water body or the surrounding air, with an adequate margin of safety, that will
Subject : REVISING DENR ADMINISTRATIVE ORDER (DAO) NO. 94- protect public health and the environment.
11, SUPPLEMENTING DAO NO. 96-37 AND PROVIDING FOR
PROGRAMMATIC COMPLIANCE PROCEDURES WITHIN 1.Carrying Capacity refers to the capacity of natural and human environments to
THE ENVIRONMENTAL IMPACT STATEMENT (EIS) accommodate and absorb change without experiencing conditions of instability and attendant
SYSTEM degradation.

ARTICLE I
1.CENRO refers to the Community Environment and Natural Resources Officer of the
Policy Objectives and Definition of Terms DENR.

1.Compliance Monitoring refers to the activity, usually through inspection, sampling, or

Section 1.0 Basic Policy
1.1.1 Supplementing DENR Administrative Order No. 37, Series of 1996 on the implementation
of the EIS System, the Department also assures environmentally and socially
acceptable development of industrial areas within the Philippines in furtherance of,
among other provisions, Art. I, Section 8, Rules and Regulations Implementing the
Intent and Provisions of PD 1586 Establishing the Environmental Impact Statement
(EIS) System in Relation to Presidential Decree No. 1151 Promulgating the Philippine
Environmental Policy.
other means of evaluation, designed to gauge the level of compliance with the discharge permit-
related conditions stipulated in the ECC and permits issued by other environmental statutory
authorities.
1.DENR refers to the Department of Environment and Natural Resources.
1.Discharge Allocations refers to pollution loadings that may be borne by the carrying
capacity of a given airshed or waterbody and which may be assigned to one or a number of
industrial sources to ensure that ambient levels are not exceeded.

Section 2.0 Policy Objectives 1.Eco-profile or ecological profile, refers to geographic-based instruments for planners and
decision-makers which present an evaluation of the environmental quality and carrying capacity
1.2.1 To identify environmental constraints and opportunities of natural systems in order to of an area. They are the result of the integration of primary and secondary data and information
guide the planning and development of industrial projects that have multiple stages or on natural resources and anthropogenic activities on the land which are evaluated by various
components. environmental risk assessment and forecasting methodologies that enable DENR to anticipate
1.2.2 To incorporate incentives for industrial siting in regional industrial centers. the type of development control necessary in the planning area. The technical detail is of
1.2.3 To incorporate cost-effective environmental management systems in compliance with particular use in the formulation of an EIS for a project or program.
Philippine environmental standards.
1.2.4 To assess the carrying capacity of the natural environment in areas designated for 1.Economic incentive refers to an administrative instrument founded in law or regulation
industrial development. that endeavors to stimulate the achievement of an environmental benefit through the economic
1.2.5 To assure environmentally sensitive development of industrial projects and programs. system without primary reliance on conmmand-and-control regulations. These are sometimes
1.2.6 To assess the induced effects on the social and natural environment of concentrated referred to as market-based incentives.
industrialization programs.
1.2.7To streamline the procedures for environmental compliance for industries locating in
regional industrial centers.
1.Ecozone refers to a Special Economic Zone (see definition of Special economic Zone
1.2.8 To encourage industries to locate in geographic areas which are environmentally and below)
socially suitable to their activities.
1.2.9 To ensure transparency through wide participation of concerned sectors, especially the 1.EMB - refers to the Environmental Management Bureau.
local communities, in compliance monitoring of development programs.
1.Environmental Compliance Certificate (ECC) refers to the document issued by the
Secretary of the Department of Environmental and Natural Resources or his duly authorized
representative certifying that the proposed project or program under consideration will not bring
about unacceptable environmental impacts and that the proponent has complied with the
requirements of the Environmental Impact Statement (EIS) System for programmatic
compliance; it is usually issued with conditionalities,
1.Environmental Impact Assessment (EIA) refers to the process of predicting the likely
environmental consequences of implementing project or program activities.
1.Environmental Impact Statement Review Committee refers to the body of experts from
various fields organized by DENR whose main task is to assist the DENR in evaluating EIS and
other documents from time to time.
1.Environmental Impact Statement/Study (EIS) refers to the documentation of studies on
the environmental impacts of a project or program including the discussions on direct and
indirect consequences upon human welfare and ecological and environmental integrity. The EIS
may vary in its specific application to differing projects and programs, but shall contain in every
case all the relevant information and details about the project to enable the DENR and other
concerned parties to make judicious decisions regarding the carrying capacity of certain areas
and systems to support projects or programs.
1.Environmental Impact Statement Programmatic Compliance (EISPC) refers to the
entire EIS system as it applies to programmatic compliance.
1.Environmental Impact Statement (EIS) System refers to the entire process of
organization, administration and procedure institutionalized for the purpose of assessing the
significance of the effects of physical developments on the quality of the environment.
1.Environmental Monitoring Fund refers to an ECC conditionality created to support the
activities of the Multisectoral Monitoring Teams and a reasonable environmental information
program.
1.Export Processing Zone (EPZ) a type of industrial estate. It is a customs-controlled
manufacturing enclave where industries are allowed to import raw materials and export finished
goods without duty and tax charges and import restrictions. The rationale is to encourage the
processing of imported raw materials for re-export while freeing the importer/exporter of the
bureaucratic procedure and red tape normally associated with such operations. EPZs are
designed mainly to attract foreign investments although local entrepreneurs may also establish
enterprises in this area.
1.Industrial Development Area (IDA) refers to an area, such as an ecozone, Regional Agro-
indistrial Growth Center (RGC), or industrial estate, that contains several facilities or a cluster
of enterprises co-located in a designated area which may have significant impact on the
environment.
1.Industrial Estate (IE) refers to a tract of land subdivided and developed according to a
comprehensive plan, under a unified and continuous management, with provisions for basic
infrastructure and utilities with or without prebuilt standard factory buildings and common
service facilities, for the use of a community of industries.
1.Locator Firm refers to an industrial facility that locates or is sited within the geographic
boundaries of an industrial development area (IDA).
1.Market or Market-based Incentive an administrative instrument founded in law or
regulation that endeavors to stimulate the achievement of an environmental benefit through the
market system without primary reliance on command-and-control regulations.
1.Methodologies to forecast environmental impacts, ambient levels, and discharge
allocation refers to such techniques as:
a.Delphi Technique uses the opinions of knowledgeable
experts and through a repetitive process, converges toward group
consensus.
a.Mathematical Modeling principal cause-effect relationships
of a proposed action are described in terms of mathematical
functions and combined to yield a mathematical model capable of
predicting future environmental conditions. It is particularly
helpful in assessing ambient levels.
a.Simulation generally used to assess the probabilities of
various classes of events, or to forecast environmental changes
from existing general trends. For example, the Monte Carlo
Method may be used to estimate how frequently the concentration
of the contaminant in the discharge might exceed a particular
value.
a.Geographical Information Systems (GIS) are essentially
computerized graphical overlays and interacting data files. If
environmental features are mapped systematically, information
acquired on specific projects can be combined, and the GIS
database becomes more detailed over time.
a.Cost-Benefit Analysis a formalized accounting of the
anticipated costs and benefits of an action of particular use when
comparing alternative forms of an action. It is not limited to
economic costs, but includes risks to long-term environmental
quality and public health.
a.Environmental Risk Assessment a category of analyses by
which the potential risk of harm to individuals, communities and
ecosystems can be evaluated. It is expected to be of significant
 value in the EIS process.
1.Multi-Sectoral Monitoring Team refers to a team of project or program stakeholders from
representative sectors, most particularly local communities, organized and chaired by DENR for
the purpose of providing general oversight over ECC conditionalities.
1.PENRO refers to the Provincial Environment and Natural Resources Officer of the DENR.
1.Permit refers to a license issued by DENR to project or program facilities that limits
emission/effluent discharges of individual sources in accordance with environmental standards.
PRESIDENTIAL DECREE No. 984 August 18, 1976
PROVIDING FOR THE REVISION OF REPUBLIC ACT NO. 3931, COMMONLY
KNOWN AS THE POLLUTION CONTROL LAW, AND FOR OTHER PURPOSES
WHEREAS, there is a need to modify the organizational structure of the NATIONAL
POLLUTION CONTROL COMMISSION to make it more effective and efficient in the
discharge of its functions and responsive to the demands of the times occasioned by the
accelerative phase of the country's industrialization program;
WHEREAS, there is an imperative need to strengthen this Commission to best protect the
people from the growing menace of environmental pollution; and
WHEREAS, it is urgently necessary to maintain the role of the Commission as the primary
agency responsible for the prevention and control of environmental pollution;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of
the powers vested in me by the Constitution, do hereby order and decree the revision of
Republic Act No. 3931, to be known as the "National Pollution Control Decree of 1976," to read
as follows:
Section 1. Statement of Policy. It is hereby declared a national policy to prevent, abate and
control pollution of water, air and land for the more effective utilization of the resources of this
country.
Section 2. Definitions. As used in this Decree:
(a) "Pollution" means any alteration of the physical, chemical and biological
properties of any water, air and/or land resources of the Philippines, or any
discharge thereto of any liquid, gaseous or solid wastes as will or is likely to create
or to render such water, air and land resources harmful, detrimental or injurious to
public health, safety or welfare or which will adversely affect their utililization for
domestic, commercial, industrial, agricultural, recreational or other legitimate
purposes.
(b) "Sewage" means the water-carried human or animal wastes from residences,
buildings, industrial establishments, or other places, together with such water
infiltration and surface water as may be present. The admixture or sewage and
industrial wastes or other wastes as hereafter defined shall also be considered
"sewage."
(c) "Industrial Waste" means any liquid, gaseous or solid matter, or other waste
substance or a combination thereof resulting from any process of industry,
manufacturing trade or business or from the development, processing or recovery
or any natural resources which may cause or tend to cause pollution, or contribute
to the pollution of the water, air and land resources of the Philippines.
(d) "Other Waste" means garbage, refuse, wood residues, sand, lime cinders,
ashes, offal, night-oil, tar, dye stuffs, acids, chemicals, and other substances not
sewage or industrial waste which may cause or tend to cause pollution; or
contribute to the pollution of the water, air and land resources of the Philippines.
(e) "Sewage System or Sewerage System" means pipe lines or conduits, pumping
stations, force mains, constructed drainage ditches, and all other constructions,
devices, and appurtenances used for collecting or conducting sewage, and
industrial wastes or other wastes to a point of treatment, discharge or ultimate
disposal.
(f) "Treatment Works" means any method, construction device or appliance
appurtenant thereto, installed for the purpose of treating, neutralizing, stabilizing,
disinfecting, or disposing of sewage, industrial waste or other wastes, or for the
recovery of by-product from such sewage, industrial waste or other wastes.
(g) "Sewage Works" means individually or collectively those constructions or
devices use for collecting, pumping, treating, and disposing of sewage, industrial
wastes or other waste, or for the recovery of by-products from such sewage,
industrial waste or other waste.
(h) "Outlet" means the terminus of a sewage works or point of emergence in the
water, air and land resources of the Philippines of any sewage, industrial wastes or
other wastes.
(i) "Commission" means the National Pollution Control Commission.
(j) "Person" or "Persons" includes any being, natural or juridical, susceptible of
rights and obligations or of being the subject of legal relations.
Section 3. Creation of the National Pollution Control Commission; Members. There is hereby
created and established a National Pollution Control Commission under the Office of the
President. The Commission shall be headed by one full-time commissioner and assisted by two
full-time deputy commissioners, one of whom shall be responsible for standard-setting and
monitoring and the other for enforcement.
The Commissioner shall be a man of proven executive ability. The Deputy Commissioner for
Standard-Setting and Monitoring shall preferably be a sanitary engineer, while the Deputy
Commissioner for Enforcement shall preferably be a lawyer. The Commissioner and the Deputy
Commissioners must have technical expertise in the field of pollution control.
The Commissioner and the Deputy Commissioners shall be appointed by the President of the
Philippines.
Section 4. Inter-Agency Advisory Council. There is created an Inter-Agency Advisory Council,
attached to the Commission, which shall be composed of representatives designated by the
Secretaries of the Department of Agriculture, Health, Industry, Justice, Labor, Local
Government and Community Development, National Defense, Natural Resources, and Public
Works, Transportation and Communications; the heads of the Laguna Lake Development
Authority, National Economic and Development Authority, the National Science Development
Board and the Human Settlements Commission. The Commissioner shall head the Inter-Agency
Advisory Council. Representatives from the private sector as may be affected, may be invited to
the deliberations of the Council.
Section 5. Organization of the Commission. The Commission shall have a Water Pollution
Control Division, an Air Pollution Control Division, a Research and Development Division, a
Legal Division, an Administrative Division and such other divisions or units as may be
approved in the General Appropriation Act. Nothing herein contained shall be construed as to
automatically terminate or abolish any existing position in the Commission nor shall it be
construed as a prohibition against termination of any position.
The Commission shall also establish such regional offices as may be necessary.
The Commission shall provide such technical, scientific and other services, including the
necessary laboratory and other facilities as may be required to carry out the provisions of this
Decree: Provided, That the Commission may secure such services as it may deem necessary
from other agencies of the National Government, and may make arrangements for the
compensation of such services. The Commission may also employ and compensate, within
appropriations available therefor, such consultants, experts, advisors, or assistants on a full or
part-time basis as may be necessary, coming from government or private business entities,
associations, or from local or foreign organizations, to carry out the provisions of this decree any
may prescribe their powers, duties and responsibilities.
The Commission may conduct scientific experiments, investigations and research to discover
economical and practical methods of preventing water, air and land pollution. To this end, the
Commission may cooperate with any public or private agency in the conduct of such
experiments, investigations and research, and may accept sums of money, for and in behalf of
the National Government, given by any international, national or other public or private agency
for water, air and land pollution control activities, surveys or programs.
Section 6. Powers and Functions. The Commission shall have the following powers and
functions:
(a) Determine the location, magnitude, extent, severity, causes, effects and other
pertinent information regarding pollution of the water, air and land resources of
the country; take such measures, using available methods and technologies, as it
shall deem best to prevent or abate such pollution; and conduct continuing
researches and studies on the effective means for the control and abatement of
pollution.
(b) Develop comprehensive multi-year and annual plans for the abatement of
existing pollution and the prevention of new or imminent pollution, the
implementation of which shall be consistent with the national development plan of
the country. Such plans shall indicate priorities and programs during the year.
(c) Issue standards, rules and regulations to govern the approval of plans and
specifications for sewage works and industrial waste disposal systems and the
issuance of permits in accordance with the provisions of this Decree; inspect the
construction and maintenance of sewage works and industrial waste disposal
system for compliance to plans.
(d) Adopt, prescribe, and promulgate rules and regulations governing the
procedures of the Commission with respect to hearings, plans, specifications,
designs, and other data for sewage works and industrial waste disposal system, the
filing of reports, the issuance of permits, and other rules and regulations for the
proper implementation and enforcement of this Decree.
(e) Issue orders or decisions to compel compliance with the provisions of this
Decree and its implementing rules and regulations only after proper notice and
hearing.
(f) Make, alter or modify orders requiring the discontinuance of pollution
specifying the conditions and the time within which such discontinuance must be
accomplished.
(g) Issue, renew, or deny permits, under such conditions as it may determine to be
reasonable, for the prevention and abatement of pollution, for the discharge of
sewage, industrial waste, or for the installation or operation of sewage works and
industrial disposal system or parts thereof: Provided, however, That the
Commission, by rules and regulations, may require subdivisions, condominium,
hospitals, public buildings and other similar human settlements to put up
appropriate central sewerage system and sewage treatment works, except that no
permits shall be required of any new sewage works or changes to or extensions of
existing works that discharge only domestic or sanitary wastes from a single
residential building provided with septic tanks or their equivalent. The
Commission may impose reasonable fees and charges for the issuance or renewal
of all permits herein required.
(h) After due notice and hearing, the Commission may also revoke, suspend or
modify any permit issued under this decree whenever the same is necessary to
prevent or abate pollution.
(i) Set up effluent, stream, ambient and emission standards and promulgate rules
and regulations therefor: Provided, That local governments, development
authorities, and other similar government instrumentalities or agencies may set up
higher standards subject to the written approval of the Commission.
(j) Serve as arbitrator for the determination of reparations, or restitution of the
damages and losses resulting from pollution.
(k) Deputize in writing or request assistance of appropriate government agencies
or instrumentalities for the purpose of enforcing this Decree and its implementing
rules and regulations and the orders and decisions of the Commission.
(l) Consult, participate, cooperate and enter into agreement with other agencies of
the government, and with affected political groups, political subdivisions, and
enterprises in the furtherance of the purpose of this Decree.
 (m) Collect and disseminate information relating to water, air, and land pollution
and the prevention, abatement and control thereof.
(n) Authorize its representative to enter at all reasonable times any property of the
public dominion and private property devoted to industrial, manufacturing,
processing or commercial use without doing damage, for the purpose of inspecting
and investigating conditions relating to pollution or possible or imminent
pollution.
(o) Prepare and submit sixty days after the close of each calendar year an annual
report to the President and such periodic reports of activities as may be required
from time to time. The annual report shall include the extent to which the
objectives in the plans referred to under Sec. 6 (b) have been achieved.
(p) Exercise such powers and perform such other functions as may be necessary to
carry out its duties and responsibilities under this Decree.
Section 7. (a) Public Hearing. Public hearings shall be conducted by the Commissioner, Deputy
Commissioners or any senior official duly designated by the Commissioner prior to issuance or
promulgation of any order or decision by the Commissioner requiring the discontinuance of
discharge of sewage, industrial wastes or other wastes into the water, air or land resources of the
Philippines as provided in this Decree: Provided, That whenever the Commission find a prima
facie evidence that the discharged sewage or wastes are of immediate threat to life, public
health, safety or welfare, or to animal or plant life, or exceeds the allowable standards set by the
Commission, the Commissioner may issue an ex-parte order directing the discontinuance of the
same or the temporary suspension or cessation of operation of the establishment or person
generating such sewage or wastes without the necessity of a prior public hearing. The said ex-
parte order shall be immediately executory and shall remain in force until said establishment or
person prevents or abates the said pollution within the allowable standards, or modified or
nullified by a competent court.
All records of the proceedings of said hearings shall be filed with the Commission.
All inquiries, hearings, investigations and proceedings conducted by the
Commission shall be governed by rules adopted by the Commission, and in the
conduct thereof the Commission shall not be bound by technical rules of evidence:
Provided, That the Commissioners or any of the duly designated Hearing Officers
may summarily punish for contempt, by a fine not exceeding two hundred pesos,
any person committing such misconduct in the presence of any of the
Commissioners or any of the duly designated Hearing Officers, or so near to them
as to seriously interrupt any hearing or session or any proceeding, or any person
willfully fails or refuses, without just cause, to comply with a summon, subpoena,
or subpoena duces tecum issued by the Commissioners or by the duly designated
Hearing Officer or, being present at a hearing, session or investigation, refuses to
be sworn as a witness or to answer questions when lawfully required to do so. The
Sheriff or other police agencies of the place where the hearing or investigation is
conducted, shall, upon request of the Hearing Officer, assist in the enforcement of
the provisions of this paragraph.
(b) Appeal to Courts. Any decision of the Commission, in the absence of an appeal
therefrom as herein provided, shall become final fifteen days after the date of
notification, and judicial review thereof shall be permitted only after any party
claiming to be aggrieved thereby has exhausted the remedies before the
Commission. The Commission shall be deemed to be a party to any judicial action
involving any decision.
(c) Court Review. The decision of the Commission upon any disputed matter may
be reviewed both upon the law and the facts of the case by the Court of Appeals.
For purposes of such review, the procedure concerning appeals from the Court of
First Instance shall be followed. Appeal from a decision of the Commission must
be perfected within fifteen days from notification of such decision: Provided,
however, That any decision of the Commission involving only questions of law,
shall be appealed to the Supreme Court. No appeal shall stay the execution of any
order or decision of the Commission unless the Commissioner himself or the
Court of Appeals or the Supreme Court so orders.
(d) Execution of Decision. Any decision or order of the Commission, after the
same has become final and executory, shall be enforced and executed in the same
manner as decisions of Courts of First Instance, and the Commission shall have
the power to issue to the City or Provincial Sheriff or duly constituted authorities
whom it may appoint, such writs of execution as may be necessary for the
enforcement of such decision or order and any person who shall fail or refuse to
comply with such decision, order, or writ, after being required to do so shall, upon
application by the Commission, be punished by the proper court for contempt.
Section 8. Prohibitions. No person shall throw, run, drain, or otherwise dispose into any of the
water, air and/or land resources of the Philippines, or cause, permit, suffer to be thrown, run,
drain, allow to seep or otherwise dispose thereto any organic or inorganic matter or any
substance in gaseous or liquid form that shall cause pollution thereof.
No person shall perform any of the following activities without first securing a permit from the
Commission for the discharge of all industrial wastes and other wastes which could cause
pollution:
1. the construction, installation, modification or operation of any sewage works or
any extension or addition thereto;
2. the increase in volume or strength of any wastes in excess of the permissive
discharge specified under any existing permit;
3. the construction, installation or operation of any industrial or commercial
establishments or any extension or modification thereof or addition thereto, the
operation of which would cause an increase in the discharge of waste directly into
the water, air and/or land resources of the Philippines or would otherwise alter
their physical, chemical or biological properties in any manner not already
lawfully authorized.
Section 9. Penalties. (a) Any person found violating or failing to comply with any order,
decision or regulation of the Commission for the control or abatement of pollution shall pay a
fine not exceeding five thousand pesos per day for every day during which such violation or
default continues; and the Commission is hereby authorized and empowered to impose the fine
after due notice and hearing.
The fines so imposed shall be paid to the Government of the Philippines
 through the Commission, and failure to pay the fine in any case within
the time specified in the above-mentioned Order or Decision shall be
sufficient ground for the Commission to order the closure or the stoppage
in the operation of the establishment being operated and/or managed by
said person or persons until payment of the fines shall have been made.
The Commission shall have the power and authority to issue
corresponding writs of execution directing the City or Provincial Sheriff
or other peace officers whom it may appoint to enforce the fine or the
order of closure or stoppage of operations.
Payment of fines may also be enforced by appropriate action in a court of
competent jurisdiction. The remedies provided in this sub-section shall
not be a bar to nor shall affect any other remedies provided for in this
Decree but shall be cumulative and additional to such remedies.
(b) Any person who shall violate any of the provisions of Section Eight of this
Decree or its implementing rules and regulations, or any Order or Decision of the
Commission, shall be liable to a penalty of not to exceed one thousand pesos for
each day during which the violation continues, or by imprisonment of from two
years to six years, or by both fine and imprisonment, and in addition such person
may be required or enjoined from continuing such violation as hereinafter
provided.
(c) Any person who shall refuse, obstruct, or hamper the entry of the duly
authorized representatives of the Commission into any property of the pubic
domain or private property devoted to industrial manufacturing, processing or
commercial use during reasonable hours for the purpose of inspecting or
investigating the conditions therein relating to pollution or possible or imminent
pollution, shall be liable to a fine not exceeding two hundred pesos or
imprisonment of not exceeding one month, or both.
(d) Any person who violates any of the provisions of, or fails to perform any duty
imposed by this Decree or its implementing rules and regulations or by Order or
Decision of the Commission promulgated pursuant to this Decree hereby causing
the death of fish or other aquatic life, shall in addition to the penalty above
prescribed, be liable to pay the government for damages for fish or aquatic life
destroyed.
(e) In case the violator is a juridical person, the penalty shall be imposed on the
managing head responsible for the violation.
Section 10. Jurisdiction. The Commission shall have no jurisdiction over waterworks or sewage
system operated by the Metropolitan Waterworks Sewerage System, but the rules and
regulations issued by the Commission for the protection and prevention of pollution under the
authority herein granted shall supersede and prevail over any rules or regulations as may
heretofore have been issued by other government agencies or instrumentalities on the same
subject.
In case of development projects involving specific human settlement sites or integrated regional
or sub- regional projects, such as the Tondo Foreshore Development Authority and the Laguna
Lake Development Authority, the Commission shall consult with the authorities charged with
the planning and execution of such projects to ensure that their pollution control standards
comply with those of the Commission. Once minimum pollution standards are established and
agreed upon, the development authorities concerned may, by mutual agreement and prior
consultation with the Commission, undertake the pollution control activities themselves.
Section 11. Appropriations. Such amount as may be necessary to carry out the provisions of this
Decree, which in no case shall be less than five million pesos, is hereby appropriated yearly for
the operating expenses of the Commission out of any funds in the National Treasury.
Section 12. Repealing Clause. Any provision of laws, presidential decree, executive order, rules
and regulations and/or parts thereof inconsistent with the provisions of this Decree, are hereby
repealed and/or modified accordingly.
Section 13. Effectivity. This Decree shall take effect immediately.
Done in the City of Manila, this 18th day of August, in the year of Our Lord, nineteen hundred
and seventy-six.
1.Pollution Management Appraisal (PMA) an analytical technique for identifying methods
by which industrial firms can reduce the amount or hazard of wastes generated, through
methods such as source reduction, recycling/reclamation/reuse or pollution control measures.
1.Program refers to activities and actions of an undertaking consisting of a series of similar
projects or enterprises, or a project subdivided into several phases and/or stages of determinable
duration; whether situated in a contiguous area or geographically dispersed, which may have
significant impact on the environment.
1.Programmatic Compliance refers to activities undertaken by a proponent to comply with
the policies and procedures established by this regulation to secure an ECC for its project or
program.
1.Project refers to activities and actions of an undertaking characterized by several
components or a cluster of enterprises co-located in a designated area which may have
significant impact on the environment.
1.Project Profile (PP) refers to the document submitted by the project proponent
substantially describing the proposed project or program and containing sufficient descriptive
detail of the environmental aspects of a proposed project or program to enable DENR to
determine whether the project or program is subject to programmatic procedures.
1.Project or Program Administrator refers to the operational representative of the
proponent who is vested with the authority and responsibility to manage the compliance of the
project or program with permitted discharges and emission allocations which are subject to
DENRs regulatory authority and approval.
1.Proponent - refers to any person, group, authority, association, public corporation, private
corporation, or other body undertaking or intending to undertake a project or program and duly
vested with administrative authority and responsibility over the project or program.

1.Public Hearing refers to the activity undertaken by DENR to gather facts and elicit all
issues, concerns and apprehensions and at the same time provide the proponent with the
opportunity to present the project or programs to the people/community who would be affected
by such.
1.RED refers to the Regional Executive Director of DENR.
1.Regional Agro-Industrial Center (RGC) refers to an industrial development area
identified by the Regional Development Council and the RGC Task Force as priority area where
government can rationalize the distribution of public and private investments in industrial
infrastructure to support its efforts of hastening the growth and development of lagging regions
and at the same time effect dispersal of industries.
1.Remediation Plan refers to the formulation of measures or a methodology for achieving
mitigation of one or more ECC conditionality violations.
1.RTD refers to the Regional Technical Director for Environmental Management and
Protected Areas Service of the DENR regional offices.
1.Social Acceptability refers to the process, respected by both DENR and a proponent, which
ensures that the concerns of affected communities are incorporated into the decision-making
process for programmatic compliance.
1.Special Economic Zone (Ecozone) refers to areas under the administration of the
Philippine Economic Zone Authority, created pursuant to R.A. 7916 (1994), with potential to be
developed, or already developed, into agro-industrial, industrial, tourist/recreational,
commercial, banking, investment, and financial centers, and which have been designated for
development in accordance with EISPC procedures.
ARTICLE II
Scope of the EIS Programmatic Compliance
Section 1.0 Projects and Programs Covered
1.2.7Projects that fall into the following categories are within the purview of programmatic
compliance, and are required to submit a programmatic EIS :
a.A project subdivided into several phases and/or stages situated in a contiguous
area .
a.A project consisting of several components or a cluster of projects co-located in a
designated area such as an industrial estate or export processing zone.
1.2.7A locator firm in an IDA holding a single-project ECC that pre-exists a proponents ECC
under programmatic compliance is not exempt from the conditionalities of the proponents ECC.
The IDA administrator will assign a portion of its discharge allocation, as identified in its ECC,
to the locator firm, which will immediately supersede the locator firms single-project ECC and
permit regarding discharges. For the five-year period following issuance of the IDA ECC, the
IDA Administrator, with DENRs concurrence, may negotiate with the locator firm regarding the
locators adoption of the other conditonalities in the IDAs ECC. Upon expiration of the five-
year period, the IDA ECC will supersede the locator firms pre-existing ECC conditionalities in
all respects.
Section 2.0 Projects and Programs Not Covered
2.2.1 Undertakings that are determined to be outside the purview of programmatic
compliance pursuant to Section 2.1.1 above, may be subject, however, to the
requirements of the individual project EIS as provided under DENR Administrative
Order No. 37, Series of 1996.
2.2.2 A new locator in an IDA (with ECC) that does not conform to the original
specifications of the programmatic EIS is required to submit a single-project EIS, but
may use the eco-profile data for its discharge allocations. Under such
circumstances, DENR must consider this as a separate ECC application.
ARTICLE III
Procedural Flow
The EMB shall be responsible for processing EIS programmatic compliance documents. The
flow chart showing the processing steps set out in the EISPC guidelines is attached.
Section 1.0 Screening
3.1.1ECC applications for Projects or Programs that falls within the categories described in
Article II Section 1, item 2.1.1 shall proceed with scoping and shall follow procedures as
detailed in the EISPC guidebook.
3.1.1A proponent, if it is unsure whether it falls within programmatic compliance guidelines,
may submit a Project Profile (PP) to the EMB . For these purposes, the PP shall contain
sufficient detail of the project or program elements, or the expansion thereof, to enable a
procedural assessment to be made as to whether the undertaking is subject to programmatic
compliance procedures. In that connection, an environmental description of sources and
emissions, rather than an analysis of their impacts, will constitute sufficient accompanying
technical detail.
3.1.1Project and programs shall not be developed within the Integrated Protected Areas System
of the Philippines, as designed by DENR, unless such areas are designated by the President or
his duly appointed representative to accommodate such projects and projects and programs, as
the public interest may warrant.
Section 2.0 Scoping
3.2.1Scoping shall be initiated by the project proponent at the earliest possible stage of project
development to define the range of actions, alternatives and impacts to be examined
as well as the area for ecoprofiling. Following are the main objectives of the scoping
activity :
3.2.2Provide an early link between the DENR and the proponent to ensure that the
EIA addresses relevant issues and presents that the EIA addresses relevant issues
and presents results in a form consistent with the EIS programmatic compliance
requirements
3.2.3Allow the stakeholders to make their concerns known to ensure that the EIA
adequately addresses the relevant issues;
3.2.4Address issues on carrying or assimilative capacity of the environment and
identify possible legal constraints or requirements regarding the project proposal;
and
3.2.5Determine and agree on the assessment methodologies and the process of dealing
with issues relating to social acceptability.
3.2.1The EMB shall identify reviewers who shall be invited to join the scoping sessions and
eventually review the results of the ecoprofiling and EIA study for the particular project or
undertaking whenever possible.
3.2.1Based on the scoping process, the proponent shall submit a scoping report to the EMB. The
scoping report should include among others the proposed scope of the ecoprofiling activity and
the EIA study. This shall be reviewed and approved by the EMB and shall serve as basis for the
studies to be conducted and a basis for the review of the EIS.
3.2.1The agreed-upon scope may be adjusted during the course of the study to take into account
new information or changing conditions.
Section 3.0 EIS Preparation
3.3.1A proponent having a project or program, or expansion thereof that is subject to
programmatic compliance shall secure a copy of the procedural guidelines published by EMB
for its guidance. On the basis of the regulations hereunder and the procedural guidelines, the
proponent shall prepare and submit a programmatic environmental impact statement (PEIS) to
the EMB. The EIS may be prepared by the proponents technical staff or be commissioned to a
competent contractor, at the option of the proponent.
3.3.1DENR shall require the proponent to involve the broadest range of stakeholders in the
project or program in specifically formulating and focusing the scope of the EIA study, prior to
its commencement, with a view toward initiating and conducting the EIA process on an open,
inclusive and transparent manner.
Section 4.0 Submission of the EIS
3.4.1Upon the completion of the study, the proponent shall submit a copy of the EIS to EMB for
completeness screening prior to its official acceptance as an ECC application. The
submitted document shall be evaluated within seven (7) working days for
completeness and decide whether the information contained in the EIS is sufficient
for a thorough evaluation of the subject environmental impacts. The EMB shall then
inform the proponent of any additional information that may be needed for further
evaluation of the EIS, and may also recommend and perform an ocular inspection of
the proposed site or sites of the undertaking in question in order to check the veracity
of the information contained therein.
3.4.2If found acceptable, the EMB shall require the proponent to submit at least fifteen (15)
legible copies of the EIS.
3.4.1The proponent of such project seeking programmatic compliance shall pay the necessary
fees in accordance with the schedule of fees.
3.4.1The proponent shall likewise furnish a copy of the EIS to the Offices of the concerned
Regional Executive Director, PENRO, CENRO and local government units. A laymanized
version of the EIS Executive Summary shall also be made available for the public.
Section 5.0 Review of the EIS
3.4.1secureEMB
3.5.1
1.2.7.1for procedural compliancee.enworking 1
After the evaluation for completeness, the EMB, at its discretion, may convene the EIA Review
Committee to assist in the review process.
3.5.2 The
EIA Review Committee shall be selected from a pool technical experts and subject area
specialists both from within DENR and from outside sources such as the academic
community, other government agencies and the private sector. EMB shall supplement
the Committees pool of experts when occasion demands.
1.2.7The EMB shall schedule the holding of a public hearing, subject to the process stipulated
in Article V, Section 3, and may likewise require the proponent to submit additional
information, if necessary. The proponent will also be expected to demonstrate social
acceptability of the project or program
Section 6.0 Granting or Denial of the ECC Application
3.6.1EIARC Recommendation
Within fifteen (15) days from the completion of the review, the EIARC shall submit a
report to the EMB Director containing the results of its review/evaluation and its
recommendations with respect to the issuance or non-issuance of the ECC.
3.6.1Recommendation of the EMB Director
Within fifteen (15) days from the receipt of the EIARC report, the EMB Director shall
 make his/her own recommendations to the Office of the Secretary for final decision. At the minimum, the EIS for programmatic compliance should contain the following:
Copies of the EIARC report and other pertinent documents shall be attached to the
EMB Directors recommendations. 1.Project Description

3.6.1Decision 2. Scoping Report

The DENR Secretary shall either grant or deny the issuance of the ECC. In granting or
denying the issuance of the ECC, the Secretary shall take into account the social and
environmental cost implications relative to the judicious utilization, development and
conservation of the countrys natural resources
In case the decision is to grant the ECC the following conditionalities shall be
highlighted:
3. Eco-profiling of Air, water, Land, and People Sectors
-Includes the application of analytical forecasting techniques for assessing
environmental carrying capacity, impacts, and discharge allocations
mathematical modeling, simulation, Delphi techniques and geographical
information systems (GIS).

1.Scope and delineation of the project or program and site(s), including, as appropriate, 4.Impact Analysis
approval of phased program elements
-includes project siting and alternatives
1.Pre-operational and construction activities -alternative techniques
-mitigation of industrial impacts and infrastructure burdens
1.Implementation of the Environmental Management and Monitoring Plan -including health impact analysis

1.Multi-sectoral monitoring of ECC general conditionalities

1.Discharge permits required under all relevant media programs and the emission allocations 5. Environmental Risk Assessment (if found necessary during scoping)
recommended therefor (for submission to the relevant DENR Regional permitting and
monitoring units for operationalizing) -individual locators risk assessment
-consequential/cumulative risk assessment
1.Completion of Memorandum of Agreement for Multi-sectotal Monitoring Team and
Environmental Monitoring Fund 5 6. Environmental Management Plan
2.Implementation of financial responsibility where warranted by public risk
-includes discharge allocation programs with offset provisions if the project
1.Relocation Plan, including compensation packages, as needed is located in a non-attainment area
-mitigation and enhancement measures
1.Construction of infrastructure facilities -framework for the operation of economic incentives
-allocation of monitoring responsibilities
1.Use of economic incentives and pollution management appraisals, as necessary. -environmental monitoring fund provisions
-financial responsibility procedures and options
3.6.1Transmittal of EIS Records and ECCs
7.Proposals for environmental monitoring and guarantee funds
The Office of the Secretary shall cause the transmittal of the decision, the EIS, all
pertinent records and documents to the EMB within five (5) days from the date of 7.Accountability statements of preparer and proponent
such issuance. The offices of the concerned Regional Executive Director, PENRO,
CENRO, the municipal/City mayor and the proponent shall also be furnished with a 7.Other supporting documents
copy of the decision within the same period by the Office of the Secretary
ARTICLE V
EMB Public Participation and Social Acceptability
ARTICLE IV Section 1.0 Public Information
Contents of the Programmatic EIS
a.All information about the proposed project or program shall be presented by the
 proponent to the public in a language and manner that are easily understood.
b.A notice of the submission of the EIS for programmatic compliance shall be posted by the
proponent in the barangay and municipal halls and other conspicuous places in the affected
community, together with a summary of the proposed project or undertaking.
Evidence demonstrating compliance with these requirements shall form part of the
supporting documents to be submitted with the EIS.
Section 2.0 Public Consultation
Proponents of projects or undertakings required to undergo an EIA shall initiate the conduct of
public consultations to ensure that the publics concerns are fully integrated into the EIA process
Section 3.0 Public Hearings
Public hearing(s), whose number shall be at the discretion of the EMB, shall be held to promote
a wide and timely exchange of views, information, and concerns among the affected parties,
communities, and the proponent. At a minimum, the proponent will present the tentative
conclusions of the draft EIS and their technical justification for the publics benefit and
information. Copies of the EIS shall be made available to the affected communities by the
proponent either at the DENR Regional Office, if convenient, or at a local school(s) or
library(ies).
5.3.1Notice of Public Hearing
A notice of public hearing shall be published once a week for two (2) consecutive
weeks in any newspaper of general circulation and in the area(s) of the project or
activity at least fifteen (1520) calendar days prior to a scheduled hearing. Notices
shall likewise be posted in conspicuous places in the municipality or barangays where
the project or projects are to be located. Expenses for the notices shall be borne by
the proponent.
5.3.1Designation of Hearing Officers
The EMB Director or his duly designated representative shall appoint hearing officers
for the conduct of public hearings.
5.3.1Powers and Duties of Hearing Officers
Hearing Officers shall have the power and authority to conduct proceedings with the
aim of eliciting further information and more pertinent facts.
They will ensure that all responsible positions/concerns are afforded an opportunity to
be heard.
The Hearing Officers shall submit a report of their findings to the EMB, as
appropriate, within five (5) working days after the hearing.
5.3.1Nature of Proceedings
Public hearings shall be summary in nature and need not strictly adhere to the
technical rules of evidence.
Copies of the report shall be considered as public documents and shall be made
available to all concerned parties and other interested entities, upon request.
5.3.1Process Documentation Report
The proponent shall prepare a process documentation report on the public
consultation, public hearing, and alternative dispute resolution processes which shall
be validated by the EMB.
Section 4. 0 Social Acceptability
DENR shall guarantee that the EIA process shall be open, transparent, and accessible.
The proponent shall bear the principal responsibility for initiating thee meetings and
consultations called for social acceptability , and shall attach to its EIS copies of
minutes or other appropriate documentation of such meetings and consultations as a
demonstration of its responsibility to promote wide public understanding of its project
or program.
ARTICLE VI
Monitoring
Section 1.0 Compliance Monitoring
6.1.1Formation of the Multi-Partite Monitoring Team
A multi-partite monitoring team (MMT) shall be formed immediately after the
issuance of an ECC. The composition of the Multisectoral Monitoring Team shall
broadly represent the sectoral stakeholders of the project or program, and most
particularly the local communities. The specific tasks of the members of the
MMT shall be provided in a Memorandum of Agreement (MOA) negotiated by
the proponent, the DENR and the major stakeholders.
6.1.1Responsibilities of the MMT
The MMT shall be principally tasked to undertake monitoring of compliance
with the ECC conditions, the EMP and applicable laws, rules and regulations. It
shall also be tasked to validate impacts predicted in the EIS.
6.1.3The project or program administrator (who shall be the successor to the project
 proponent) shall allow duly credentialed monitoring personnel entry to its premises at all
reasonable times during normal business hours to inspect, monitor, and sample.
Section 2.0 Discharge Allocations
Discharge allocations of sources in the project or program will become
operationalized through permits issued by the appropriate DENR Regional Office and
administered by the project or program administrator. EIS documentation will
establish the discharge levels to be permitted. The Regional Office will also conduct
compliance monitoring in order to assure the integrity of the permit limitations and
discharge allocations of the project or program.
DENR with the assistance of EMB
ARTICLE VII
Environmental Monitoring and Guarantee Funds
Section 1.0 Environmental Monitoring Fund
Proponents required to submit a programmatic EIS are mandated to include in their
EIS a commitment to establish an environmental monitoring fund (EMF) when an
ECC is eventually issued. The EMF shall be established not later than the initial
construction phase of its project or undertaking. The amount to be allocated for the
EMF shall be determined on the basis of the estimated cost of approved post-
assessment monitoring and environmental information programs.
Section 2.0 Environmental Guarantee Fund
An environmental guarantee fund (EGF) shall be established for all projects or
programs that have been determined by the DENR to pose significant public risk, or
where a project or program requires rehabilitation or restoration. DENR is authorized
to enter into negotiations with a proponent to ensure its financial responsibility to
respond to contingent events should a response be ordered by any lawful authority
such as corrective action for damage to the environment and/or damage to person or
property, through exposure to toxic substances or waste. Mechanisms that may be
used to demonstrate such financial responsibility include, but are not limited to,
commercial insurance, self-insurance through a financial test, surety bond, letter of
credit, and trust fund, or a combination of these instruments.
ARTICLE VIII
Economic Incentives
DENR shall promulgate guidelines on a range of economic incentives that are available to
proponents to promote environmental improvement for any project or any incentive
mechanisms, through pricing signals, can influence a facilitys investment decisions for
pollution prevention and control strategies, raw material use, and process technology. Among
the incentive mechanisms that will be made available to proponents and their successors (IDA
administrators) are offsets, tradable allowances, pollution charges, user fees, and waste
exchange.
The use of economic incentives under EISPC is voluntary. They may be employed for the
following purposes:
1.maintain a program or project area within its established pollutant loading limits as defined
by the eco-profile
2.provide a means to bring a program or project area that has exceeded its pollutant loading
limits into compliance as defined by the eco-profile
3.generate revenues to support an overall environmental management program for the program
or project area.
Pollution Management Appraisals (PMAs) are highly recommended procedures to identify
opportunities for source reduction or waste minimization. Proponents and IDA administrators
shall encourage the widespread use of PMAs among locator firms in the development of
economic incentive strategies.
ARTICLE IX
Memorandum of Agreement with Local Government Units
Section 1.0 Briefing
After the eco-profile of each RIC has been completed pursuant to Section 2.3.4,
DENR shall meet with all of the affected Local Government units (LGU) at the
barangay, municipal, and provincial level, together with other organized sectors, and
brief them on its technical findings, pursuant to the spirit of Art. 3, Section (c) and
(d), rules and Regulations Implementing the Local Government Code of 1991.
Section 2.0 Execution
After consultations have taken place between DENR and the appropriate LGUs, and
appropriate interest is expressed on the part of the LGUs, DENR shall undertake to
enter into a Memorandum of Agreement (MOA) with the LGUs, either jointly or
severally, with a view toward incorporating, either originally or by amendment, the
eco-profile for each RIC into the Comprehensive Land Use Plan required of the LGUs
pursuant to Art. 41, Ibid. with particular reference to the requirement therein that
ecological balance be considered in the Plan.
ARTICLE X
Duties and Responsibilities of Actors in the
EIS Programmatic Compliance Process
Section 1.0 Proponents
10.1.1Conduct an Environmental Impact Assessment (EIA) of the proposed project and
submit its findings to DENR in accordance with the prescribed guidelines.
10.1.1Ecoprofile the project area and its vicinities.
10.1.1Involve the public in project scoping and other appropriate opportunities.
10.1.1Provide a true, complete and accurate EIS (with Accountability Statement attached).
10.1.1Publish the notice of public hearing
10.1.1Provide resource persons to make presentations and answer questions during public
meetings and hearings
10.1.1Ensure that appropriate post-assessment permits are in place and that monitoring
and reporting are carried out as required
10.1.1Comply with the conditionalities of the ECC
10.1.2Submit the required reports to the DENR
Section 2.0 DENR
10.2.1Office of the Secretary
1.Approves and issues EIA policies, plans, programs, and guidelines
10.2.1Regional Offices
1.Advises the President and Congress on the need to enact and modify laws relative to
the EIS System
1.Issues or denies issuance of Environmental Compliance Certificate (ECC) for EIS
documents
10.2.1EMB
1.Formulates, recommends, and coordinates the implementation of EIA policies,
plans, programs and guidelines relative to the EIS System
1.In coordination with regional offices, conducts assessments and evaluations of the
EIS to serve as basis for recommending the issuance/denial of the ECC and/or advises
the proponent that its project as planned needs modification and correction
1.Develops procedural assessment and eco-profile guidelines and prescribes the
appropriate scoping guidelines for projects and programs undertaking programmatic
compliance
1.Validates or may conduct eco-profiles of areas and natural systems.
1.Serves as the administrative body which carries out certain support procedures of
the EIS System
1.Process applications for programmatic ECC.
1.In cooperation with the Regions, solicits in writing comments from other
government agencies and persons with expertise or regulatory powers over the
proposed projects and programs
1.Conduct on-site inspections for EIS purposes and make necessary recommendations.
1.Initiate the conduct of public hearings.
1.Coordinates with the DENR field offices, local government units (LGUs), non-
governmental organizations (NGOs), peoples organizations (POs), proponents and
other government agencies in the conduct of actual compliance and multisectoral
monitoring of projects and programs granted ECC under programmatic compliance
1.Initiate consultations with Local Government Units, and other sectors, with a view
toward entering into a Memorandum of Agreement designed to incorporate eco-
profiles into LGU Comprehensive Land Use Plans.
1.Recommend approval or denial of the ECC for EIS programmatic compliance under
Section 2.4.9.
1. Implement the laws, policies, plans, programs, projects, rules and regulations of
the DENR relative to the EIS System.
2.Investigate EIS-related complaints.
2.Assist EMB in the conduct of the site inspection for EIS purposes and make
necessary recommendation.
2.Conduct actual compliance monitoring of projects granted ECCs and prepare the
necessary reports.
2.Coordinate with other government agencies, non-governmental organizations, local
government units, private offices and proponents in the region in the implementation
and enforcement of EIS System rules and regulations and in public information
campaigns.
 2. In general, the project or program administrator shall be accountable for compliance with the
ECC issued to his project or program; and the individual component facilities under a project or
2.Initiate the formation of and chair Multisectoral Monitoring Teams for programmatic program may be held accountable under other authorities for compliance with their individual
compliance. permits and for appropriate corrective action. Accordingly, the Secretary of the Department of
Environment and Natural Resources or his duly authorized representative shall impose penalties
2. upon project or program administrators found violating provisions of PD 1586 or its
implementing rules and regulations. Nothing herein contained, however, shall prevent the
2.Encourage pollution prevention programs through economic incentives in imposition of any sanctions, whether civil or criminal, against a project/programs individual
coordination with project and program administrators through pollution management component facilities (and their managers) that may be authorized under any other pollution
appraisals and other means.Prepare control law or regulation of the Republic of the Philippines that regulates discharges, effluents,
emissions, conditions, or procedures to which such individual component facilities are subject.
10.2.1PENRO and CENRO

1.Coordinate with local government units, barangay officials, NGOs, POs and local Section 1.0 Scope of Violations
residents relative to the EIS System.
12.1.1Projects or programs defined under Section 2.1.1 found operating without an ECC
1.Conduct public information campaign regarding the EIS System.
12.1.1Projects or programs found violating ECC conditions
1.Assist the Regional Office in the conduct of on-site inspections and monitoring.

10.2.1EIA Review Committee Section 2.0 Imposition of Penalties

1.Whenever convened, in the discretion of the EMB, assist the EIA unit in the 12.2.1A report which will serve as the basis for the imposition of fine must be prepared by
evaluation and review of EIS documents. EMB or its Regional Office. The report will include the following information, at a minimum:

1.Make recommendations regarding the issuance of non-issuance of Environmental 1.Brief background of the project or program including any previous violation, if any.
Compliance Certificate of proposed projects or programs under review.
1.Nature of the violation and/or the ECC conditions violated.

ARTICLE XI 1.Results and discussion on any measurement, sampling or monitoring activities

Schedule of Fees conducted either by EMB, Regional Environmental Management Protected Areas
(EMPAS) or DENR accredited research institutions, academic and or technical
Section 1. 0 Payment of Fees organizations.

All proponents upon submission of the Programmatic EIS, shall pay a filing fee of
PhP 310.00, a processing fee of PhP 100.00 per ha of development area and a legal
research fee of PhP 70.00__.
Section 2.0 Additional Costs
The proponent shall be responsible for the payment of all costs r5elating to the
review of its EIS, in accordance with the existing Implementing Rules and
Regulations.
1.Discussion on the results obtained and the corresponding adverse impacts caused by
the violations.
1.Recommended amount of fine to be imposed in accordance with this Order.
12.2.1The Report shall be submitted to the Director of EMB of the Regional Executive Director
(RED), as the case may be, for appropriate action.
12.2.1The EMB Director or RED shall issue an order for the imposition of penalties.

12.2.1Corresponding Fines for specific violation types

ARTICLE XII
Penalties, Ground for Cancellation of ECC The violation of ECC requirements is categorized as follows:
and Administrative Sanction
AProjects or programs which are established and/or are operating without an ECC
Any project or program, which has been classified or is classifiable under Section
2.1.1 and has been established and/or is operating without an ECC, shall be
liable to penalty.
Any project or program that is subject to programmatic compliance and is
operating without an ECC shall be informed by DENR about the nature of the
violation and the corresponding amount of fine proposed to be imposed.
The DENR shall evaluate the merits of the explanation submitted by the
proponent or the duly authorized representatives of the violating project or
program and decide whether or not a fine and the submission of EIS shall be
imposed.
The amount of fine shall not exceed P100, 000 for each IDA plus P50, 000 for
every locator established/operating without ECC, at the discretion of the DENR.
The violator shall settle all requirements within forty-five (45) days following
notification. A separate violation occurs for each day that extends beyond such
forty-five-- (45) day period without having settled all requirements. The fine
shall not exceed P50, 000 for each such separate violation. Failure to comply
with these requirements also constitutes ground for issuance of an order for the
cessation of project or program operation.
AProjects or programs violating ECC Conditions
1.First Violation
The proponent (or the project or program administrator) shall be informed
about the nature of the violation by the Director of the EMB or the RED,
and shall be asked to explain, within seven (7) days following receipt of
notification, why it should not be penalized. The Director of the EMB or the
RED shall decide within seven (7) days following receipt of explanation
whether the justification is meritorious or a violation has been committed.
The Director of EMB or RED, upon determination that a fine is warranted,
shall impose a fine and require the proponent (or the project or program
administrator) to submit a redemption plan that will address the violations.
The Plan will also contain a time frame for completion of the redemption.
The Plan shall be approved by the Director of EMB or RED. If the violator
does not submit a Plan within five (5) days of the order to do so by the
Director of EMB or RED, the latter shall impose a Plan.
The amount of fine for each violation of the ECC conditions shall not exceed
P100, 000, which shall be set at the discretion of the DENR. A separate
violation occurs for each day that extends beyond the time frame for
redemption completion established in the redemption Plan. The fine shall
not exceed P100, 000 for each such separate violation. Failure to comply
with these requirements also constitutes grounds for the summary
suspension or revocation of the ECC.
1Subsequent Violations.
Upon further violation of any ECC condition by any proponents (or project
or program administrator), the EMB or Regional Office may order, in
addition to the imposition of fines as provided in subsection B.1 (above) of
this Sec. 4.2.4 or such other sanctions as may be available under applicable
pollution control laws, the cessation of operations and the revocation of the
violators ECC, and shall pursue these remedies under any legal authority
available to DENR whether intrinsic or extrinsic to PD 1586 and its rules.
Section 3.0 Implementing Body
The EMB and DENR Regional Offices shall be responsible for determining whether
there has been any violation of PD 1586, and its implementing rules and regulations.
Section 4.0 Motion for Reconsideration
All Motions for Reconsideration by the proponent (or the project or program
administrator) shall be submitted to the EMB Director or RED within fifteen (15)
days following receipt of the DENR order. The EMB Director or the RED shall issue
a decision on the Motion for Reconsideration within (30) days following receipt of the
motion. The decision of the EMB Director or the RED, as the case may be, shall be
final. A Motion for Reconsideration shall not stay the daily accumulation of penalties
for non-compliance with a remediation plan.
Section 5.0 Appeals
Any appeal from the decision/order of the EMB Director or RED shall be filed by the
proponent (or the project or program administrator) with the Office of the Secretary
within fifteen (15) days following receipt of the said order or devisor. The Secretary
shall issue a decision on the appeal within a period of thirty (30) days following the
receipt of the said appeal. The decision of the Secretary shall be final and executory.
ARTICLE XIII
Supplemental Rules and Regulations
13.1.1An application for an ECC which has been inactive on the part of the proponent for at
least a year shall be returned to the proponent. The DENR shall notify the proponent one month
before the application is terminated.
13.1.1If, after termination, the proponent decides to proceed with its project, it is considered a
new application and the proponent shall pay the corresponding fee.
ARTICLE XIV
Transitory Provision

Considering the technical details needed to operationalize this order, the EMB shall prepare the
appropriate blueprint plans of action that will prepare the implementation of the order within a
period not to exceed one year from the effectivity of the said order.
ARTICLE XV
Effectivity
This Administrative Order shall take effect thirty (30) days after its publication in any
newspaper of general circulation.
ARTICLE XVI
Repealing Clause
All rules and regulations found inconsistent herewith shall be superseded by this Administrative
order.
PRESIDENTIAL DECREE No. 984 August 18, 1976
PROVIDING FOR THE REVISION OF REPUBLIC ACT NO. 3931, COMMONLY
KNOWN AS THE POLLUTION CONTROL LAW, AND FOR OTHER PURPOSES
WHEREAS, there is a need to modify the organizational structure of the NATIONAL
POLLUTION CONTROL COMMISSION to make it more effective and efficient in the
discharge of its functions and responsive to the demands of the times occasioned by the
accelerative phase of the country's industrialization program;
WHEREAS, there is an imperative need to strengthen this Commission to best protect the
people from the growing menace of environmental pollution; and
WHEREAS, it is urgently necessary to maintain the role of the Commission as the primary
agency responsible for the prevention and control of environmental pollution;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of
the powers vested in me by the Constitution, do hereby order and decree the revision of
Republic Act No. 3931, to be known as the "National Pollution Control Decree of 1976," to read
as follows:
Section 1. Statement of Policy. It is hereby declared a national policy to prevent, abate and
control pollution of water, air and land for the more effective utilization of the resources of this
country.
Section 2. Definitions. As used in this Decree:
(a) "Pollution" means any alteration of the physical, chemical and biological
properties of any water, air and/or land resources of the Philippines, or any
discharge thereto of any liquid, gaseous or solid wastes as will or is likely to create
or to render such water, air and land resources harmful, detrimental or injurious to
public health, safety or welfare or which will adversely affect their utililization for
domestic, commercial, industrial, agricultural, recreational or other legitimate
purposes.
(b) "Sewage" means the water-carried human or animal wastes from residences,
buildings, industrial establishments, or other places, together with such water
infiltration and surface water as may be present. The admixture or sewage and
industrial wastes or other wastes as hereafter defined shall also be considered
"sewage."
(c) "Industrial Waste" means any liquid, gaseous or solid matter, or other waste
substance or a combination thereof resulting from any process of industry,
manufacturing trade or business or from the development, processing or recovery
or any natural resources which may cause or tend to cause pollution, or contribute
to the pollution of the water, air and land resources of the Philippines.
(d) "Other Waste" means garbage, refuse, wood residues, sand, lime cinders,
ashes, offal, night-oil, tar, dye stuffs, acids, chemicals, and other substances not
sewage or industrial waste which may cause or tend to cause pollution; or
contribute to the pollution of the water, air and land resources of the Philippines.
(e) "Sewage System or Sewerage System" means pipe lines or conduits, pumping
stations, force mains, constructed drainage ditches, and all other constructions,
devices, and appurtenances used for collecting or conducting sewage, and
industrial wastes or other wastes to a point of treatment, discharge or ultimate
disposal.
(f) "Treatment Works" means any method, construction device or appliance
appurtenant thereto, installed for the purpose of treating, neutralizing, stabilizing,
disinfecting, or disposing of sewage, industrial waste or other wastes, or for the
recovery of by-product from such sewage, industrial waste or other wastes.
(g) "Sewage Works" means individually or collectively those constructions or
devices use for collecting, pumping, treating, and disposing of sewage, industrial
wastes or other waste, or for the recovery of by-products from such sewage,
industrial waste or other waste.
(h) "Outlet" means the terminus of a sewage works or point of emergence in the
water, air and land resources of the Philippines of any sewage, industrial wastes or
other wastes.
(i) "Commission" means the National Pollution Control Commission.
(j) "Person" or "Persons" includes any being, natural or juridical, susceptible of
rights and obligations or of being the subject of legal relations.
Section 3. Creation of the National Pollution Control Commission; Members. There is hereby
created and established a National Pollution Control Commission under the Office of the
President. The Commission shall be headed by one full-time commissioner and assisted by two
full-time deputy commissioners, one of whom shall be responsible for standard-setting and
monitoring and the other for enforcement.
The Commissioner shall be a man of proven executive ability. The Deputy Commissioner for
Standard-Setting and Monitoring shall preferably be a sanitary engineer, while the Deputy
Commissioner for Enforcement shall preferably be a lawyer. The Commissioner and the Deputy
Commissioners must have technical expertise in the field of pollution control.
The Commissioner and the Deputy Commissioners shall be appointed by the President of the
Philippines.
Section 4. Inter-Agency Advisory Council. There is created an Inter-Agency Advisory Council,
attached to the Commission, which shall be composed of representatives designated by the
Secretaries of the Department of Agriculture, Health, Industry, Justice, Labor, Local
Government and Community Development, National Defense, Natural Resources, and Public
Works, Transportation and Communications; the heads of the Laguna Lake Development
Authority, National Economic and Development Authority, the National Science Development
Board and the Human Settlements Commission. The Commissioner shall head the Inter-Agency
Advisory Council. Representatives from the private sector as may be affected, may be invited to
the deliberations of the Council.
Section 5. Organization of the Commission. The Commission shall have a Water Pollution
Control Division, an Air Pollution Control Division, a Research and Development Division, a
Legal Division, an Administrative Division and such other divisions or units as may be
approved in the General Appropriation Act. Nothing herein contained shall be construed as to
automatically terminate or abolish any existing position in the Commission nor shall it be
construed as a prohibition against termination of any position.
The Commission shall also establish such regional offices as may be necessary.
The Commission shall provide such technical, scientific and other services, including the
necessary laboratory and other facilities as may be required to carry out the provisions of this
Decree: Provided, That the Commission may secure such services as it may deem necessary
from other agencies of the National Government, and may make arrangements for the
compensation of such services. The Commission may also employ and compensate, within
appropriations available therefor, such consultants, experts, advisors, or assistants on a full or
part-time basis as may be necessary, coming from government or private business entities,
associations, or from local or foreign organizations, to carry out the provisions of this decree any
may prescribe their powers, duties and responsibilities.
The Commission may conduct scientific experiments, investigations and research to discover
economical and practical methods of preventing water, air and land pollution. To this end, the
Commission may cooperate with any public or private agency in the conduct of such
experiments, investigations and research, and may accept sums of money, for and in behalf of
the National Government, given by any international, national or other public or private agency
for water, air and land pollution control activities, surveys or programs.
Section 6. Powers and Functions. The Commission shall have the following powers and
functions:
(a) Determine the location, magnitude, extent, severity, causes, effects and other
pertinent information regarding pollution of the water, air and land resources of
the country; take such measures, using available methods and technologies, as it
shall deem best to prevent or abate such pollution; and conduct continuing
researches and studies on the effective means for the control and abatement of
pollution.
(b) Develop comprehensive multi-year and annual plans for the abatement of
existing pollution and the prevention of new or imminent pollution, the
implementation of which shall be consistent with the national development plan of
the country. Such plans shall indicate priorities and programs during the year.
(c) Issue standards, rules and regulations to govern the approval of plans and
specifications for sewage works and industrial waste disposal systems and the
issuance of permits in accordance with the provisions of this Decree; inspect the
construction and maintenance of sewage works and industrial waste disposal
system for compliance to plans.
(d) Adopt, prescribe, and promulgate rules and regulations governing the
procedures of the Commission with respect to hearings, plans, specifications,
designs, and other data for sewage works and industrial waste disposal system, the
filing of reports, the issuance of permits, and other rules and regulations for the
proper implementation and enforcement of this Decree.
(e) Issue orders or decisions to compel compliance with the provisions of this
Decree and its implementing rules and regulations only after proper notice and
hearing.
(f) Make, alter or modify orders requiring the discontinuance of pollution
specifying the conditions and the time within which such discontinuance must be
accomplished.
(g) Issue, renew, or deny permits, under such conditions as it may determine to be
reasonable, for the prevention and abatement of pollution, for the discharge of
sewage, industrial waste, or for the installation or operation of sewage works and
industrial disposal system or parts thereof: Provided, however, That the
Commission, by rules and regulations, may require subdivisions, condominium,
hospitals, public buildings and other similar human settlements to put up
appropriate central sewerage system and sewage treatment works, except that no
permits shall be required of any new sewage works or changes to or extensions of
existing works that discharge only domestic or sanitary wastes from a single
residential building provided with septic tanks or their equivalent. The
Commission may impose reasonable fees and charges for the issuance or renewal
of all permits herein required.
(h) After due notice and hearing, the Commission may also revoke, suspend or
modify any permit issued under this decree whenever the same is necessary to
prevent or abate pollution.
(i) Set up effluent, stream, ambient and emission standards and promulgate rules
and regulations therefor: Provided, That local governments, development
authorities, and other similar government instrumentalities or agencies may set up
higher standards subject to the written approval of the Commission.
(j) Serve as arbitrator for the determination of reparations, or restitution of the
damages and losses resulting from pollution.
(k) Deputize in writing or request assistance of appropriate government agencies
or instrumentalities for the purpose of enforcing this Decree and its implementing
rules and regulations and the orders and decisions of the Commission.
 (l) Consult, participate, cooperate and enter into agreement with other agencies of
the government, and with affected political groups, political subdivisions, and
enterprises in the furtherance of the purpose of this Decree.
(m) Collect and disseminate information relating to water, air, and land pollution
and the prevention, abatement and control thereof.
(n) Authorize its representative to enter at all reasonable times any property of the
public dominion and private property devoted to industrial, manufacturing,
processing or commercial use without doing damage, for the purpose of inspecting
and investigating conditions relating to pollution or possible or imminent
pollution.
(o) Prepare and submit sixty days after the close of each calendar year an annual
report to the President and such periodic reports of activities as may be required
from time to time. The annual report shall include the extent to which the
objectives in the plans referred to under Sec. 6 (b) have been achieved.
(p) Exercise such powers and perform such other functions as may be necessary to
carry out its duties and responsibilities under this Decree.
Section 7. (a) Public Hearing. Public hearings shall be conducted by the Commissioner, Deputy
Commissioners or any senior official duly designated by the Commissioner prior to issuance or
promulgation of any order or decision by the Commissioner requiring the discontinuance of
discharge of sewage, industrial wastes or other wastes into the water, air or land resources of the
Philippines as provided in this Decree: Provided, That whenever the Commission find a prima
facie evidence that the discharged sewage or wastes are of immediate threat to life, public
health, safety or welfare, or to animal or plant life, or exceeds the allowable standards set by the
Commission, the Commissioner may issue an ex-parte order directing the discontinuance of the
same or the temporary suspension or cessation of operation of the establishment or person
generating such sewage or wastes without the necessity of a prior public hearing. The said ex-
parte order shall be immediately executory and shall remain in force until said establishment or
person prevents or abates the said pollution within the allowable standards, or modified or
nullified by a competent court.
All records of the proceedings of said hearings shall be filed with the Commission.
All inquiries, hearings, investigations and proceedings conducted by the
Commission shall be governed by rules adopted by the Commission, and in the
conduct thereof the Commission shall not be bound by technical rules of evidence:
Provided, That the Commissioners or any of the duly designated Hearing Officers
may summarily punish for contempt, by a fine not exceeding two hundred pesos,
any person committing such misconduct in the presence of any of the
Commissioners or any of the duly designated Hearing Officers, or so near to them
as to seriously interrupt any hearing or session or any proceeding, or any person
willfully fails or refuses, without just cause, to comply with a summon, subpoena,
or subpoena duces tecum issued by the Commissioners or by the duly designated
Hearing Officer or, being present at a hearing, session or investigation, refuses to
be sworn as a witness or to answer questions when lawfully required to do so. The
Sheriff or other police agencies of the place where the hearing or investigation is
conducted, shall, upon request of the Hearing Officer, assist in the enforcement of
the provisions of this paragraph.
(b) Appeal to Courts. Any decision of the Commission, in the absence of an appeal
therefrom as herein provided, shall become final fifteen days after the date of
notification, and judicial review thereof shall be permitted only after any party
claiming to be aggrieved thereby has exhausted the remedies before the
Commission. The Commission shall be deemed to be a party to any judicial action
involving any decision.
(c) Court Review. The decision of the Commission upon any disputed matter may
be reviewed both upon the law and the facts of the case by the Court of Appeals.
For purposes of such review, the procedure concerning appeals from the Court of
First Instance shall be followed. Appeal from a decision of the Commission must
be perfected within fifteen days from notification of such decision: Provided,
however, That any decision of the Commission involving only questions of law,
shall be appealed to the Supreme Court. No appeal shall stay the execution of any
order or decision of the Commission unless the Commissioner himself or the
Court of Appeals or the Supreme Court so orders.
(d) Execution of Decision. Any decision or order of the Commission, after the
same has become final and executory, shall be enforced and executed in the same
manner as decisions of Courts of First Instance, and the Commission shall have
the power to issue to the City or Provincial Sheriff or duly constituted authorities
whom it may appoint, such writs of execution as may be necessary for the
enforcement of such decision or order and any person who shall fail or refuse to
comply with such decision, order, or writ, after being required to do so shall, upon
application by the Commission, be punished by the proper court for contempt.
Section 8. Prohibitions. No person shall throw, run, drain, or otherwise dispose into any of the
water, air and/or land resources of the Philippines, or cause, permit, suffer to be thrown, run,
drain, allow to seep or otherwise dispose thereto any organic or inorganic matter or any
substance in gaseous or liquid form that shall cause pollution thereof.
No person shall perform any of the following activities without first securing a permit from the
Commission for the discharge of all industrial wastes and other wastes which could cause
pollution:
1. the construction, installation, modification or operation of any sewage works or
any extension or addition thereto;
2. the increase in volume or strength of any wastes in excess of the permissive
discharge specified under any existing permit;
3. the construction, installation or operation of any industrial or commercial
establishments or any extension or modification thereof or addition thereto, the
operation of which would cause an increase in the discharge of waste directly into
the water, air and/or land resources of the Philippines or would otherwise alter
their physical, chemical or biological properties in any manner not already
lawfully authorized.
Section 9. Penalties. (a) Any person found violating or failing to comply with any order,
decision or regulation of the Commission for the control or abatement of pollution shall pay a
fine not exceeding five thousand pesos per day for every day during which such violation or
default continues; and the Commission is hereby authorized and empowered to impose the fine
after due notice and hearing.
The fines so imposed shall be paid to the Government of the Philippines
through the Commission, and failure to pay the fine in any case within
the time specified in the above-mentioned Order or Decision shall be
sufficient ground for the Commission to order the closure or the stoppage
in the operation of the establishment being operated and/or managed by
said person or persons until payment of the fines shall have been made.
The Commission shall have the power and authority to issue
corresponding writs of execution directing the City or Provincial Sheriff
or other peace officers whom it may appoint to enforce the fine or the
order of closure or stoppage of operations.
Payment of fines may also be enforced by appropriate action in a court of
competent jurisdiction. The remedies provided in this sub-section shall
not be a bar to nor shall affect any other remedies provided for in this
Decree but shall be cumulative and additional to such remedies.
(b) Any person who shall violate any of the provisions of Section Eight of this
Decree or its implementing rules and regulations, or any Order or Decision of the
Commission, shall be liable to a penalty of not to exceed one thousand pesos for
each day during which the violation continues, or by imprisonment of from two
years to six years, or by both fine and imprisonment, and in addition such person
may be required or enjoined from continuing such violation as hereinafter
provided.
(c) Any person who shall refuse, obstruct, or hamper the entry of the duly
authorized representatives of the Commission into any property of the pubic
domain or private property devoted to industrial manufacturing, processing or
commercial use during reasonable hours for the purpose of inspecting or
investigating the conditions therein relating to pollution or possible or imminent
pollution, shall be liable to a fine not exceeding two hundred pesos or
imprisonment of not exceeding one month, or both.
(d) Any person who violates any of the provisions of, or fails to perform any duty
imposed by this Decree or its implementing rules and regulations or by Order or
Decision of the Commission promulgated pursuant to this Decree hereby causing
the death of fish or other aquatic life, shall in addition to the penalty above
prescribed, be liable to pay the government for damages for fish or aquatic life
destroyed.
(e) In case the violator is a juridical person, the penalty shall be imposed on the
managing head responsible for the violation.
Section 10. Jurisdiction. The Commission shall have no jurisdiction over waterworks or sewage
system operated by the Metropolitan Waterworks Sewerage System, but the rules and
regulations issued by the Commission for the protection and prevention of pollution under the
authority herein granted shall supersede and prevail over any rules or regulations as may
heretofore have been issued by other government agencies or instrumentalities on the same
subject.
In case of development projects involving specific human settlement sites or integrated regional
or sub- regional projects, such as the Tondo Foreshore Development Authority and the Laguna
Lake Development Authority, the Commission shall consult with the authorities charged with
the planning and execution of such projects to ensure that their pollution control standards
comply with those of the Commission. Once minimum pollution standards are established and
agreed upon, the development authorities concerned may, by mutual agreement and prior
consultation with the Commission, undertake the pollution control activities themselves.
Section 11. Appropriations. Such amount as may be necessary to carry out the provisions of this
Decree, which in no case shall be less than five million pesos, is hereby appropriated yearly for
the operating expenses of the Commission out of any funds in the National Treasury.
Section 12. Repealing Clause. Any provision of laws, presidential decree, executive order, rules
and regulations and/or parts thereof inconsistent with the provisions of this Decree, are hereby
repealed and/or modified accordingly.
Section 13. Effectivity. This Decree shall take effect immediately.
Done in the City of Manila, this 18th day of August, in the year of Our Lord, nineteen hundred
and seventy-six.
PRESIDENTIAL DECREE No. 1586
ESTABLISHING AN ENVIRONMENTAL IMPACT STATEMENT SYSTEM,
INCLUDING OTHER ENVIRONMENTAL MANAGEMENT RELATED MEASURES
AND FOR OTHER PURPOSES
WHEREAS, the pursuit of a comprehensive and integrated environment protection program
necessitates the establishment and institutionalization of a system whereby the exigencies of
socio-economic undertakings can be reconciled with the requirements of environmental quality;
WHEREAS, the regulatory requirements of environmental Impact Statements and Assessments
instituted in pursuit of this national environmental protection program have to be worked into
their full regulatory and procedural details in a manner consistent with the goals of the program.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of
the powers vested in me by the Constitution do hereby order and declare:
Section 1. Policy. It is hereby declared the policy of the State to attain and maintain a rational
and orderly balance between socio-economic growth and environmental protection.
Section 2. Environmental Impact Statement System. There is hereby established an
Environmental Impact Statement System founded and based on the environmental impact
statement required, under Section 4 of Presidential Decree No. 1151, of all agencies and
instrumentalities of the national government, including government-owned or controlled
corporations, as well as private corporations, firms and entities, for every proposed project and
undertaking which significantly affect the quality of the environment.
Section 3. Determination of Lead Agency. The Minister of Human Settlements or his designated
representative is hereby authorized to name the lead agencies referred to in Section 4 of
Presidential Decree No. 1151 which shall have jurisdiction to undertake the preparation of the
necessary environmental impact statements on declared environmentally critical projects and
areas. All Environmental Impact Statements shall be submitted to the National Environmental
Protection Council for review and evaluation. as authorized in P.D. 984, shall be automatically appropriated into an Environment Revolving
Fund hereby created as an exemption to P.D. 711 and P.D. 1234. The fund shall be used
Section 4. Presidential Proclamation of Environmentally Critical Areas and Projects. The exclusively for the operation of the National Environmental Protection Council and the National
President of the Philippines may, on his own initiative or upon recommendation of the National Pollution Control Commission in the implementation of this Decree. The rules and regulations
Environmental Protection Council, by proclamation declare certain projects, undertakings or for the utilization of this fund shall be formulated by the Ministry of Human Settlements and
areas in the country as environmentally critical. No person, partnership or corporation shall submitted to the President for approval.
undertake or operate any such declared environmentally critical project or area without first
securing an Environmental Compliance Certificate issued by the President or his duly Section 11. Repealing Clause. The Inter-Agency Advisory Council of the National Pollution
authorized representative. For the proper management of said critical project or area, the Control Commission created under Section 4 of P.D. 984 is hereby abolished and its powers and
President may by his proclamation reorganize such government offices, agencies, institutions, responsibilities are forthwith delegated and transferred to the Control of the National
corporations or instrumentalities including the re-alignment of government personnel, and their Environmental Protection Council.
specific functions and responsibilities.
All other laws, decrees, executive orders, rules and regulations inconsistent herewith are hereby
For the same purpose as above, the Ministry of Human Settlements shall: (a) prepare the proper repealed, amended or modified accordingly.
land or water use pattern for said critical project(s) or area (s); (b) establish ambient
environmental quality standards; (c) develop a program of environmental enhancement or Section 12. Effectivity Clause. This Decree shall take effect immediately.
protective measures against calamituous factors such as earthquake, floods, water erosion and DONE in the City of Manila, this 11th day of June, in the year of Our Lord, nineteen hundred
others, and (d) perform such other functions as may be directed by the President from time to and seventy-eight.
time.
Section 5. 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.
Section 6. Secretariat. The National Environmental Protection Council is hereby authorized to
constitute the necessary secretariat which will administer the Environmental Impact Statement
System and undertake the processing and evaluation of environmental impact statements.
Section 7. Management and Financial Assistance. The Ministry of Human Settlements is
hereby authorized to provide management and financial support to government offices and
instrumentalities placed under its supervision pursuant to this Decree financed from its existing
appropriation or from budgetary augmentation as the Minister of Human Settlements may deem
necessary.
Section 8. Rules and Regulations. The National Environmental Protection Council shall issue
the necessary rules and regulations to implement this Decree. For this purpose, the National
Pollution Control Commission may be availed of as one of its implementing arms, consistent
with the powers and responsibilities of the National Pollution Control Commission as provided
in P.D. No. 984.
Section 9. Penalty for Violation. Any person, corporation or partnership found violating Section
4 of this Decree, or the terms and conditions in the issuance of the Environmental Compliance
Certificate, or of the standards, rules and regulations issued by the National Environmental
Protection Council pursuant to this Decree shall be punished by the suspension or cancellation
of his/its certificate or and/or a fine in an amount not to exceed Fifty Thousand Pesos
(P50,000.00) for every violation thereof, at the discretion of the National Environmental
Protection Council.
Section 10. Environmental Revolving Fund. Proceeds from the penalties prescribed in the
preceding Section 9 and other penalties imposed by the National Pollution Control Commission