1987 CONSTITUTION Article XII, Section 10.

Article XII, Section 10. The Congress shall, upon recommendation of the economic and planning agency, when
Article XII, Section 3. Lands of the public domain are classified into agricultural, forest or timber, mineral lands
and national parks. Agricultural lands of the public domain may be further classified by law according to the uses
to which they may be devoted. Alienable lands of the public domain shall be limited to agricultural lands. Private
corporations or associations may not hold such alienable lands of the public domain except by lease, for a period
not exceeding twenty-five years, renewable for not more than twenty-five years, and not to exceed one thousand
hectares in area. Citizens of the Philippines may lease not more than five hundred hectares, or acquire not more
than twelve hectares thereof, by purchase, homestead, or grant.cralaw
Taking into account the requirements of conservation, ecology, and development, and subject to the
requirements of agrarian reform, the Congress shall determine, by law, the size of lands of the public domain
which may be acquired, developed, held, or leased and the conditions therefor.cralaw
the national interest dictates, reserve to citizens of the Philippines or to corporations or associations at least sixty
per centum of whose capital is owned by such citizens, or such higher percentage as Congress may prescribe,
certain areas of investments. The Congress shall enact measures that will encourage the formation and operation
of enterprises whose capital is wholly owned by Filipinos.cralaw
In the grant of rights, privileges, and concessions covering the national economy and patrimony, the State shall
give preference to qualified Filipinos.cralaw
The State shall regulate and exercise authority over foreign investments within its national jurisdiction and in
accordance with its national goals and priorities.cralaw

Article XII, Section 12. The State shall promote the preferential use of Filipino labor, domestic materials and
locally produced goods, and adopt measures that help make them competitive.
Article XII, Section 4. The Congress shall, as soon as possible, determine, by law, the specific limits of forest lands
and national parks, marking clearly their boundaries on the ground. Thereafter, such forest lands and national
parks shall be conserved and may not be increased nor diminished, except by law. The Congress shall provide for
such period as it may determine, measures to prohibit logging in endangered forests and watershed areas.cralaw

Article XII, Section 5. The State, subject to the provisions of this Constitution and national development policies
and programs, shall protect the rights of indigenous cultural communities to their ancestral lands to ensure their
economic, social, and cultural well-being.cralaw

The Congress may provide for the applicability of customary laws governing property rights or relations in
determining the ownership and extent of ancestral domain.crala

Article XII, Section 6. The use of property bears a social function, and all economic agents shall contribute to the
common good. Individuals and private groups, including corporations, cooperatives, and similar collective
organizations, shall have the right to own, establish, and operate economic enterprises, subject to the duty of the
State to promote distributive justice and to intervene when the common good so demands.cralaw

Article XII, Section 7. Save in cases of hereditary succession, no private lands shall be transferred or conveyed
except to individuals, corporations, or associations qualified to acquire or hold lands of the public domain.cralaw

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 action, project or undertaking which significantly affects the quality of the environment a detail statement
on
MALACAÑANG
Manila (a) the environmental impact of the proposed action, project or undertaking

PRESIDENTIAL DECREE No. 1151
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 piecemeal-approach concept of environmental protection;
(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 of the same; and

WHEREAS, such tunnel-vision concept is not conducive to the attainment of an ideal environmental (e) whenever a proposal involve the use of depletable or non-renewable resources, a finding
situation where man and nature can thrive in harmony with one another; and must be made that such use and commitment are warranted.

WHEREAS, there is now an urgent need to formulate an intensive, integrated program of environmental Before an environmental impact statement is issued by a lead agency, all agencies having jurisdiction
protection that will bring about a concerted effort towards the protection of the entire spectrum of the over, or special expertise on, the subject matter involved shall comment on the draft environmental
environment through a requirement of environmental impact assessments and statements: impact statement made by the lead agency within thirty (30) days from receipt of the same.

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers Section 5. Agency Guidelines. The different agencies charged with environmental protection as
vested in me by the Constitution, do hereby order and decree: 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,
Section 1. Policy. It is hereby declared a continuing policy of the State (a) to create, develop, maintain rules and regulations to carry out the provisions of Sec. 4 hereof on environmental impact assessments
and improve conditions under which man and nature can thrive in productive and enjoyable harmony and statements.
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 Section 6. Repealing Clause. All Acts, Presidential Decrees, executive orders, rules and regulations or
a life of dignity and well-being. parts thereof which are inconsistent with the provisions of this Decree are hereby repealed, amended or
modified accordingly.
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 Section 7. Effectivity. This Decree shall take effect immediately.
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 Done in the City of Manila this 6th day of June in the year of Our Lord, nineteen hundred and seventy-
of the environment for succeeding generations, (b) assure the people of a safe, decent, healthful, nine.
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 and entities shall prepare, file and include in every

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MALACAÑANG
Manila
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.
Section 4. Presidential Proclamation of Environmentally Critical Areas and Projects. The President of the
Philippines may, on his own initiative or upon recommendation of the National Environmental Protection
Council, by proclamation declare certain projects, undertakings or areas in the country as environmentally
critical. No person, partnership or corporation shall undertake or operate any such declared environmentally
critical project or area without first securing an Environmental Compliance Certificate issued by the President
or his duly authorized representative. For the proper management of said critical project or area, the President
may by his proclamation reorganize such government offices, agencies, institutions, corporations or
instrumentalities including the re-alignment of government personnel, and their specific functions and
responsibilities.
For the same purpose as above, the Ministry of Human Settlements shall: (a) prepare the proper land or water
use pattern for said critical project(s) or area (s); (b) establish ambient environmental quality standards; (c)
develop a program of environmental enhancement or protective measures against calamituous factors such
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as earthquake, floods, water erosion and others, and (d) perform such other functions as may be directed by
the President from time to 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 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 exclusively for the operation of the National Environmental
Protection Council and the National Pollution Control Commission in the implementation of this Decree. The
rules and regulations for the utilization of this fund shall be formulated by the Ministry of Human Settlements
and submitted to the President for approval.
Section 11. Repealing Clause. The Inter-Agency Advisory Council of the National Pollution Control
Commission created under Section 4 of P.D. 984 is hereby abolished and its powers and responsibilities are
forthwith delegated and transferred to the Control of the National Environmental Protection Council.
All other laws, decrees, executive orders, rules and regulations inconsistent herewith are hereby repealed,
amended or modified accordingly.
Section 12. Effectivity Clause. This Decree shall take effect immediately.
DONE in the City of Manila, this 11th day of June, in the year of Our Lord, nineteen hundred and seventy-
eight.
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