Environmental Law TSN.pdf

Environmental Law TSN 2-Manresa 2012-2013 1

Based on the Lectures of Atty. Ramon Edison Batacan

Transcribed by: Mae Bungabong

Legislations for Environmental Law:

1. CONSTITUTIONAL BASIS FOR

ENVIRONMENTAL LAW

2. PD 1151 (PHILIPPINE

ENVIRONMENTAL POLICY)


ENVIROMENTAL CODE)

4. PD 984 (POLLUTION CONTROL LAW)

5. PD 1586 (ESTABLISHING AN

ENVIRONMENTAL

IMPACTSTATEMENT SYSTEM,

INCLUDING OTHER

ENVIRONMENTAL MANAGEMENT

RELATED MEASURES AND FOR

OTHER PURPOSES.)

6. PD 2146

7. CLEAN AIR ACT

8. CLEAN WATER ACT

9. PD 979

Cases:

1. Republic of the Philippines vs. The

City of Davao

Republic vs. Alvarez, in his capacity

as Sec. of DENR

2. PAB vs Solar Textile 195 SCRA 112

3. Mead vs Argel 115 SCRA 256

4. Technology Developers Inc. vs CA

(January 21, 1991)

Transcribed

No recordings (Please refer to the full texts

of the laws.)

*** Discussion




The Constitutional basis of Environmental

Law

Article II of the 1987 Constitution

Sec. 15-The State shall protect and promote

the right to health of the people and instill

health consciousness among them.

Sec. 16- The State shall protect and advance

the right of the people to a balanced and

healthful ecology in accord with the rhythm

and harmony of nature.

***balanced ecology-Others would say

sustainable development.

Q: What is sustainable development?

A: You only use what you need today and

save the rest for the future.

*** in accord-This means in agreement

***with the rhythm and harmony -According

to Sir, rhythm and harmony are redundant

words.

***with rhythm and harmony of nature-This

means all should be natural walang artificial.

Environmentalists would always say

that our present generation is the guardian of

the resources for the generations yet to come.

So we have to guard, reserve and conserve our

natural resources so that the generations yet

to come will have something towards their

own.

Sec. 23- The State shall encourage non-

governmental, community-based, or sectoral

organizations that promote the welfare of the

nation.

Article X

Sec. 20-Within its territorial jurisdiction and

subject to the provisions of this Constitution

and national laws, the organic act of

autonomous regions shall provide for

legislative powers over:

XXXXXXXXX

3. Ancestral domain and natural resources.

XXXXXXXXX

Article XII

Sec. 2- All lands of the public domain, waters,

minerals, coal, petroleum, and other mineral

oils, all forces of potential energy, fisheries,

forests or timber, wildlife, flora and fauna, and

other natural resources are owned by the

State. With the exception of agricultural lands,

all other natural resources shall not be

alienated. The exploration, development, and

utilization of natural resources shall be under

the full control and supervision of the State.

The State may directly undertake such

activities, or it may enter into co-production,

joint venture, or production sharing

agreements with Filipino citizens, or

corporations or associations at least sixty per

centum of whose capital is owned by such

citizens. Such agreements may be for a period




not exceeding twenty-five years, renewable for

not more than twenty-five years, and under

such terms and conditions as may be provided

by law. In cases of water rights for irrigation,

water supply fisheries, or industrial uses other

than the development of waterpower,

beneficial use may be the measure and limit of

the grant.

The State shall protect the nation's

marine wealth in its archipelagic waters,

territorial sea, and exclusive economic zone,

and reserve its use and enjoyment exclusively

to Filipino citizens.

The Congress may, by law, allow small-

scale utilization of natural resources by

Filipino citizens, as well as cooperative fish

farming, with priority to subsistence

fishermen and fishworkers in rivers, lakes,

bays, and lagoons.

The President may enter into

agreements with foreign-owned corporations

involving either technical or financial

assistance for large-scale exploration,

development, and utilization of minerals,

petroleum, and other mineral oils according to

the general terms and conditions provided by

law, based on real contributions to the

economic growth and general welfare of the

country. In such agreements, the State shall

promote the development and use of local

scientific and technical resources.

***This means that all natural resources are

owned by the State (Doctrine of Jura Regalia)

Sec. 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.

Taking into account the requirements of

conservation, ecology, and development, and

subject to the requirements of agrarian

reform, the Congress shall determine, by law,

the size of lands of the public domain which

may be acquired, developed, held, or leased

and the conditions therefor.

Sec. 4-The Congress shall, as soon as

possible, determine, by law, the specific limits

of forest lands and national parks, marking

clearly their boundaries on the ground.

Thereafter, such forest lands and national

parks shall be conserved and may not be




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.

***The Congress has the power to determine

the specific limits of an inalienable land in an

alienable land vice versa. The Congress can

extend it but this is only possible if theres a

law enacted by the Congress.

Sec. 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.

The Congress may provide for the applicability

of customary laws governing property rights or

relations in determining the ownership and

extent of ancestral domain.

Sec. 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.

Article XIII

Sec. 1-The Congress shall give highest priority

to the enactment of measures that protect and

enhance the right of all the people to human

dignity, reduce social, economic, and political

inequalities, and remove cultural inequities by

equitably diffusing wealth and political power

for the common good.

To this end, the State shall regulate the

acquisition, ownership, use, and disposition of

property and its increments.

Sec. 2- The promotion of social justice shall

include the commitment to create economic

opportunities based on freedom of initiative

and self-reliance.

Sect. 4- The State shall, by law, undertake an

agrarian reform program founded on the right

of farmers and regular farmworkers who are

landless, to own directly or collectively the

lands they till or, in the case of other

farmworkers, to receive a just share of the

fruits thereof. To this end, the State shall

encourage and undertake the just distribution

of all agricultural lands, subject to such

priorities and reasonable retention limits as

the Congress may prescribe, taking into

account ecological, developmental, or equity

considerations, and subject to the payment of

just compensation. In determining retention

limits, the State shall respect the right of

small landowners. The State shall further

provide incentives for voluntary land-sharing.




Sect. 5- The State shall recognize the right of

farmers, farmworkers, and landowners, as

well as cooperatives, and other independent

farmers' organizations to participate in the

planning, organization, and management of

the program, and shall provide support to

agriculture through appropriate technology

and research, and adequate financial,

production, marketing, and other support

services.

Sect. 6- The State shall apply the principles of

agrarian reform or stewardship, whenever

applicable in accordance with law, in the

disposition or utilization of other natural

resources, including lands of the public

domain under lease or concession suitable to

agriculture, subject to prior rights, homestead

rights of small settlers, and the rights of

indigenous communities to their ancestral

lands. The State may resettle landless farmers

and farmworkers in its own agricultural

estates which shall be distributed to them in

the manner provided by law.

Sect. 7- The State shall protect the rights of

subsistence fishermen, especially of local

communities, to the preferential use of the

communal marine and fishing resources, both

inland and offshore. It shall provide support to

such fishermen through appropriate

technology and research, adequate financial,

production, and marketing assistance, and

other services. The State shall also protect,

develop, and conserve such resources. The

protection shall extend to offshore fishing

grounds of subsistence fishermen against

foreign intrusion. Fishworkers shall receive a

just share from their labor in the utilization of

marine and fishing resources.

Sect. 8- The State shall provide incentives to

landowners to invest the proceeds of the

agrarian reform program to promote

industrialization, employment creation, and

privatization of public sector enterprises.

Financial instruments used as payment for

their lands shall be honored as equity in

enterprises of their choice.

URBAN LAND REFORM AND HOUSING

Sect. 9- The State shall, by law, and for the

common good, undertake, in cooperation with

the private sector, a continuing program of

urban land reform and housing which will

make available at affordable cost, decent

housing and basic services to under-privileged

and homeless citizens in urban centers and

resettlement areas. It shall also promote

adequate employment opportunities to such

citizens. In the implementation of such

program the State shall respect the rights of

small property owners.

Sec.10- Urban or rural poor dwellers shall not

be evicted nor their dwelling demolished,

except in accordance with law and in a just

and humane manner.




No resettlement of urban or rural dwellers

shall be undertaken without adequate

consultation with them and the communities

where they are to be relocated.

Sec. 12- The State shall establish and

maintain an effective food and drug regulatory

system and undertake appropriate health,

manpower development, and research,

responsive to the country's health needs and

problems.

4 Major Legislations for Environmental Law


ENVIRONMENTAL POLICY)


ENVIROMENTAL CODE)

12. PD 984 (POLLUTION CONTROL

LAW)

13. PD 1586 (ESTABLISHING AN

ENVIRONMENTAL

IMPACTSTATEMENT SYSTEM,

INCLUDING OTHER

ENVIRONMENTAL MANAGEMENT

RELATED MEASURES AND FOR

OTHER PURPOSES.)




PD 1586 Case:

Republic of the Philippines vs. The City of

Davao

Republic vs. Alvarez, in his capacity as Sec.

of

DENR

Facts: Alvarez filed an application for a

Certificate of Non-Coverage for its proposed

project, the Davao Artica Sports Dome, with

the Environmental Management Bureau

(EMB), Region 11.

The EMB Region 11 denied the application on

ground that the proposed project was within

an environmentally critical area, and ruled

that under the Environmental Impact

Statement System, the City of Davao must

undergo the environmental impact

assessment (EIA) process to secure an

Environmental Compliance Certificate (ECC),

before it can proceed with the construction of

its project

Believing that it was entitled to a Certificate

of Non-Coverage, respondent filed a petition

for mandamus with the RTC of Davao alleging

that the proposed project was neither an

environmentally critical project nor within an

environmentally critical area, thus it was

outside the scope of the EIS system.

The RTC granted the writ of mandamus and

directed EMB to issue a Certificate of Non

Coverage. It ruled that there is nothing in the

EIA System guidelines which requires

LGUs to comply with the EIS law, as only

agencies and instrumentalities are mandated

to go through the EIA process for their

proposed projects which have significant effect

on the quality of the environment. A local

government unit, not being an agency or

instrumentality of the National Government, is

deemed excluded

Issue: Whether LGUs are covered by the EIA

System?

Decision:

The Local Government Code provides that it is

the duty of the LGUs to promote the peoples

right to a balanced ecology. Pursuant to this,

an LGU, like the City of Davao, cannot claim

exemption from the coverage of PD 1586. As a

body politic endowed with governmental

functions, an LGU has the duty to ensure the

quality of the environment, which is the very

same objective of PD 1586.

Further, it is a rule of statutory construction

that every part must be read with other parts,

thus, the

TC in declaring local government units as

exempt from the coverage of the EIS law, failed

to relate




Section 2 of PD 1586 to the several provision

of the same law.

Section 4 of PD 1586 clearly states that no

person,

partnership or corporation shall undertake or

operate any such declared environmentally

critical project or area without first securing

an Environmental Compliance Certificate

issued by the President or his duly authorized

representative. Undoubtedly therefore, local

government units are not excluded from the

coverage of PD 1586.

Sec. 1 stated that the policy of the State is to

attain an orderly balance between socio-

economic growth and environmental

protection.

The Whereas clause stresses that such is only

possible if we adopt an integrated

environmental protection program where all

the sectors of the community are involved, i.e.,

the government and the private sectors. The

local government units, as part of the

machinery of the government, cannot

therefore be deemed as outside the scope of

the EIS system.

This however presuppose that a project, for

which an Environmental Compliance

Certificate is necessary, is environmentally

critical or within an environmentally critical

area. In the case at bar, respondent has

sufficiently shown that the Artica Sports

Dome will not have a significant negative

environmental impact because it is not an

environmentally critical project and it is not

located in an environmentally critical area.

They submitted Certification from the City

Planning and Development Office,

PHILVOLCS, CENRO-West in support thereof.

The Environmental Impact Statement System,

which ensures environmental protection and

regulates certain government activities

affecting the environment, was established by

Presidential Decree No. 1586. Under Article II,

Section 1, of the Rules and Regulations

Implementing PD 1586, the declaration of

certain projects or areas as environmentally

critical, and which shall fall within the scope

of the Environmental Impact Statement

System, shall be by Presidential Proclamation.

Pursuant thereto, Proclamation No. 2146 was

issued proclaiming the following areas and

types of projects as environmentally critical

and within the

scope of the Environmental Impact Statement

System established under PD 1586:

A. Environmentally Critical Projects

I. Heavy Industries

a. Non-ferrous metal industries

b. Iron and steel mills

c. Petroleum and petro-chemical industries

including oil and gas

d. Smelting plants




II. Resource Extractive Industries

a. Major mining and quarrying projects

b. Forestry projects

1. Logging

2. Major Wood processing projects

3. Introduction of fauna (exoticanimals) in

public/private forests

4. Forest occupancy

5. Extraction of mangrove products

6. Grazing

c. Fishery Projects

1. Dikes for/and fishpond development

projects

III. Infrastructure Projects

a. Major dams

b. Major power plants (fossil-fueled, nuclear

fueled, hydroelectric or geothermal)

c. Major reclamation projects

d. Major roads and bridges

B. Environmentally Critical Areas

1. All areas declared by law as national parks,

watershed reserves, wildlife preserve and

sanctuaries;

2. Areas set aside as aesthetic potential

tourist spots;

3. Areas which constitute the habitat for any

endangered or threatened species of

indigenous Philippine Wildlife (flora and

fauna);

4. Areas of unique historic, archaeological, or

scientific interests;

5. Areas which are traditionally occupied by

cultural communities or tribes;

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

natural calamities (geologic hazards, floods,

typhoons, volcanic activity, etc.);

7. Areas with critical slopes;

8. Areas classified as prime agricultural lands;

9. Recharged areas of aquifers;

10. Water bodies characterized by one or any

combination of the following conditions;

a. tapped for domestic purposes

b. within the controlled and/or

protected areas declared by

appropriate authorities

c. which support wildlife and

fishery activities

11. Mangrove areas characterized by one or

any

combination of the following conditions:

a. with primary pristine and dense

young growth;

b. adjoining mouth of major river

systems;

c. near or adjacent to traditional

productive fry or fishing grounds;

d. which act as natural buffers

against shore erosion, strong winds and

storm floods;

e. on which people are dependent

for their livelihood.

12. Coral reefs, characterized by one or any

combinations of the following conditions:

a. with 50% and above

live coralline cover;

b. spawning and nursery

grounds for fish;

c. which act as natural breakwater




of coastlines.

Environmentally Non-Critical Projects. All

other projects, undertakings and areas not

declared by the President as environmentally

critical shall be considered as non-critical and

shall not be required to submit an

environmental impact statement. The

National Environmental Protection Council,

thru the

Ministry of Human Settlements may however

require non-critical projects and undertakings

to provide additional environmental

safeguards as it may deem necessary.

The Artica Sports Dome in Langub does not

come close to any of the projects or areas

enumerated above. Neither is it analogous to

any of them. It is clear, therefore, that the said

project is not classified as environmentally

critical, or within an environmentally critical

area. Consequently, the

DENR has no choice but to issue the

Certificate of Non-Coverage. It becomes its

ministerial duty, the performance of which

can be compelled by writ of mandamus, such

as that issued by the trial court in the case at

bar.




PD 1151: PHILIPPINE ENVIRONMENTAL

POLICY

We will discuss the salient features of PD

1151.

As early as 1970s at the time of Marcos meron

na tayong policy on the environment.

Sec. 1-It is hereby the continuing policy of

the state-***Continuing-up to now the same

yung policy ng state.

(a) to create, develop, maintain and

improve conditions under which man and

nature can thrive in productive and

enjoyable harmony with each other,-***

Man and nature can thrive in productive and

enjoyable harmony with each other-So there is

no quarrel between man and nature because

merong harmony between them. It

presupposes a policy on sustainable

development.

(b) to fulfill the social, economic and other

requirements of present and future

generations of Filipinos,-***So if you are

aware of intergeneration responsibility-to

preserve our environment for the generations

yet to come, we are here to preserve and

conserve the environment for the generations

to come, tayo ang mag-proprotect we are not

here to destroy nor to exploit but to protect

the environment so that is intergenerational

responsibility so like in the case of Factoran.

And (c) to insure the attainment of an

environmental quality that is conducive to

a life of dignity and well-being.-***A quality

that is conducive to a life so like there is a

need for a clean and healthy environment and

there is dignity in ones person

Sec. 2. Goal- 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,-***So eto na naman yung

intergenerational responsibility. So hindi pa

nauso si Atty. Oposa meron na yang

intergenerational responsibility kasi as early

as 1970s meron na yan it is evidenced by PD

1152 so it is not entirely true na si Oposa

talaga ang responsible for the

intergenerational responsibility concept sa

Pilipinas though sumikat siya dahil diyan at

naging international celebrity I know that

because Atty. Oposa is my friend.

(b) assure the people of a safe, decent,

healthful, productive and aesthetic

environment, ***The environment is itself

aesthetic, there is art, there is artistry in the

environment so nakita niyo yung mga natural




wonders, yung mga sculptures created by

nature, yung mga rock monuments mga

korteng dinosaurs at kung anu-ano pa ang

mga itsura nila.

(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,

***Our natural resources itself constitute our

heritage itself. So under PD 1151 it is the

policy of the State to protect the cultural

aspect of the Philippine heritage, part of our

heritage.

(e) attain a rational and orderly balance

between population and resource use, and

(f) improve the utilization of renewable

and non-renewable resources-

*** As early as 70s we are talking about

renewable energy . Example ng renewable

energy wind energy, hydro-electrical, yan ang

trend right now. Geothermal not dependent

on mineral fuels. In so far as non-renewable

resources i-improve mo yun or i-preserve mo

pa kung ano pa yung natitira pa sa lupa mo.

Sec. 3. Right to a Healthy Environment.

*** You can find the right to a healthy

environment sa Constitution. So as early as

70s, na-incorporate na yan sa 1987

Constitution.

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-

***Who has the duty? You would say the

government, No!!! If you would look at the

Philippine environmental policy, it is the duty

of each and every one. Lahat ng citizens ng

Republic of the Philippines. It is our duty to

contribute to the preservation and

enhancement of our environment.

Sec. 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

action, project or undertaking which

significantly affects the quality of the

environment a detail 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

of the same; and

(e) whenever a proposal involve the use of

depletable or non-renewable resources, a

finding must be made that such use and

commitment are warranted.

***What are the mitigating measures to soften

the impact of the undertaking to the

government , yan yung EIS system. Under PD

1151 it says- all agencies and

instrumentalities of the national government

but it does not include the local government

units because under the Administrative Code,

the term local government unit has a different

definition at hindi yan kasali diyan. So using

the definition (local government unit under sa

Administrative Code) in the case of Davao

City vs DENR. It is about the Artica Sports

dome, during the time, the city government

started the project without undergoing the EIS

system, hindi sila kumuha ng ECC. Now the

opponents of then Mayor de Guzman filed a

case against him and some other individuals

for the violation of PD 1586. Because they

embarked on a project which is considered to

be environmentally critical project and within

an environmentally critical area at hindi sila

kumuha ng ECC which is required under PD

1586. Since it was already there, pinandigan

ko na, I said theres no need to secure an ECC

and to comply with PD 1586 because in the

first place: 1. Local government units are not

embraced with the scope of the law; 2. The

city is exempt from getting an ECC because it

is not an environmentally critical project and

it was not undertaken within an

environmentally critical area.

***So ang ginawa namin kumuha kami ng

Certificate of Non-Coverage or CNC which the

DENR refused to give. So we went to RTC and

the RTC sustained the decision of the City

government so the Sol. Gen. went up to the

Supreme Court and the SC decided that on

the argument that LGUs are not covered, the

SC said that ALL governmental units are

covered. It is clear now that all

instrumentalities including the LGUs are

covered pero parang may judicial legislation

kasi inilagay ang LGUs. However, on the

issue, W/N the city government or the mayor

violated the EIS law because they failed to

secure an ECC, sabi ng Supreme Court- the

city is exempt in securing an ECC because the

project is not considered as an

environmentally critical project and it is not

undertaken within an environmentally critical

area. So it paved the way for the issuance of

CNC so there was no legal impediment for the

continuation but at that time, Ben de Guzman




lost the elections so Mayor Duterte decided

not to continue the project notwithstanding

the clearance from DENR.

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-nine.

***So as early as June 6, 1979 meron na

tayong law for this and until now sinusunod

pa rin natin to.




PD 1152: PHILIPPINE ENVIRONMENTAL

CODE

***Medyo detalyado ito, Ano itong Philippine

Environmental Code? The establishment of

specific environment management policies

and prescribing environment quality

standards in a Philippine Environment

Code. So the Philippine Environment Code

actually establishes a quality, an

environmental quality standards. Yan ang

Philippine Environment Code, so ano yung

mga standards na yan?

TITLE I: AIR QUALITY MANAGEMENT

***What are the purposes?

(a) to achieve and maintain such levels of

air quality as to protect public health; and

***Levels of air quality so theres a standard of

minute particulates in the air. I remember

when I was in college nasa Maynila ako, may

nakikita akong billboard kung saan nakalagay

kung gaano karami yung particulates sa

environment to determine whether it is

polluted or not so everybody will know so if

you will pass by that billboard in Cubao

makikita mo doon kasi malaki yun so it will

really catch your attention so makikita mo

doon yung level of air standards kasi may

indication doon kung sumobra nab a siya.

Pero parang tinanggal na I dont know why

mas maganda sana yun so everybody would

know the quality of air we breathe especially

in Manila. One indication is that maraming

nagkakasakit or makikita mo yan sa katawan

like nahihirapan kang huminga like you are

on the plane, makikita niyo before you landing

kung gaano ka-polluted yung Maynila but

supposedly meron dapat tayong air quality

management.

(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.

***The growth of plants even yung animals

naapektuhan din sila some plants are

stunted, the growth is stunted, maliit pa

namumunga na (na-ahat siya) it will bear fruit

then it will wither then it will die. So kung

ganon sa plants, ganon din sa tao bata pa

pero parang matanda na.

***Ano yung standards ng air quality?

Sec. 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.

Sec. 4. National Emission

Standards. There shall be established

national emission standards for new and

existing stationary and mobile sources of

pollution which shall consider among

others such factors as type of industry,

practicable control technology available,

location and land use, and the nature of

pollutants emitted.

Sec. 5. Community Noise

Standards. Appropriate standards for

community noise levels shall be

established considering, among others,

location, zoning and land use

classification.

Sec. 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 standards shall set a

limit on the acceptable level of noise

emitted from a given equipment for the

protection of public health and welfare,

considering among others, the magnitude

and condition of use, the degree of noise

reduction achievable through the

application of best available technology

and the cost of compliance.

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.

Sec. 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.

***Lahat yan are actually standards.

Standards for noise-producing equipments

like jackhammers. I remember, I was told,

who are familiar with SNR? Diyan nag-

shoshopping yung mga high-end shoppers.

Everybody is happy about the proposed SNR

and it is now on construction pero ang sabi

nila na-stop ang construction. Why? Because

of noise pollution. Yung subdivision near SNR

nagrereklamo na kasi gusto ng SNR ng

magpile nang magpile kasi hindi pa nila na-

rereach ang desired depth na gusto nila so

araw gabi yun at yung mga tao hindi na

makatulog dahil sa sobrang ingay . Probably

those residents filed a complaint thats why




the construction is temporarily stopped. Then

nakausap ko yung isa sa mga contractors,

sabi niya the construction will resume after

ma-install yung machine pile that will

minimize the noise.

***Itong aircraft emissions and sonic booms. I

dont know if naabutan niyo yan pero I guess

naabutan niyo yung BAK 11(?) na eroplano.

In the earlier planes of Cebu Pacific, yung mga

luma (BAK 11(?)) Kapag dumating yan at

kapag nag-take-off yan napakaingay but they

are not being used anymore yung mga BAK

11(?) kasi hindi siya makapasa sa noise

standards. Pero I was really surprised kasi

these planes yung BAK 11(?) at DC 9 (?) are

not used in Philippines but they are used

outside of the Philippines kasi during one of

my trips abroad, from France to Italy, nakita

ko na ginagamit pa pala ang mga ito dito pero

hindi na ito ginagamit sa Pilipinas so yung

standard nila mas maliit so mas mas okay pa

pala tayo dito sa Pilipinas kasi mas mataas

ang ating standards. In fact, in the Philippines

we have the youngest fleet of planes sa buong

mundo.

Chapter II

Regulation and Enforcement

Sec. 8. Air Quality and Noise

Standards. The 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.

Sect. 9. Aircraft Noise. Community noise

standards around airports shall be

implemented by the Civil Aeronautics

Administration in coordination with the

National Pollution Control Commission.

Sec. 10. Vehicular Emissions. The Land

Transportation Commission, in

coordination with the National Pollution

Control Commission, shall implement

emission standards for motor vehicles and

may deputize other appropriate law

enforcement agencies for the purpose.

Sec. 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

radioactive materials shall be regulated

by the Philippine Atomic Energy




Commission in coordination with other

appropriate government agencies.

Chapter III

Monitoring

Sec. 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.

**Monitoring, theres a need for air monitoring.

So who is supposed to monitor? The NPCC in


agencies, shall establish to the greatest extent

practicable an air quality monitoring network

but this is not actually done.

The National Environmental Protection

Council shall be furnished with the results

of air quality monitoring activities.

Sec. 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 and/or in coordination

with the Philippine Atmospheric,

Geophysical and Astronomical Service

Administration.

***PAG-ASA. We have the oldest weather

equipments. I remember the former chief of

PAG-ASA, he was removed because the PAG-

ASA failed to foretell the coming of a typhoon

so he was removed by the president only to

find out (by the president himself) na medieval

pa yung mga equipments so bumili sila nga

bago. Who can accurately predict the

weather? Wala naman diba? Even the US. So

sabi nila, predicting weather is like also

predicting a mind of a woman. If you cant

predict the mind of a woman you cannot also

predict the weather.

TITLE II: WATER QUALITY MANAGEMENT

***Meron tayong Clean Water Act pero

actually ito na yun.

Sec. 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;

***Meron na tayo niyan, meron na tayong map

of rivers all over the Philippines on the

classification of such waters. Meron yan silang

grade. Like yung river na ito, eto ang kaniyang

river 123 or 4 like can it be used for drinking




or para saan it puwedeng gamitin like puwede

ba itong pang-recreation, pang-industrial etc.

(b) establishment of water quality

standards;

(c) protection and improvement of the

quality of the Philippine water resources,

and

(d) responsibilities for surveillance and

mitigation of pollution incidents.*** Wala

tayo niyan although sinasabi nila that the

ENP monitors all our waters in their respective

areas of responsibilities pero hindi nila

ginagawa yan what they do is that they just

act if theres an incident pero on their own di

talaga nila ginagawa yan.

Chapter I

Classification and Standards

Sec. 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 for

residential, agricultural, commercial,

industrial, navigational, recreational, and

aesthetic purposes.

Sec. 16. Reclassification of Waters Based

on Intended Beneficial Use. Where the

public interest so requires, the National

Pollution Control Commission, in


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.

Sec. 17. Upgrading of Water

Quality. Where the quality of water has

deteriorated to a degree where its state

will adversely affect its best usage, the

government agencies concerned shall take

such measures as may be necessary to

upgrade the quality of such water to meet

the prescribed water quality standards.

Sec. 18. Water 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

Sec. 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 the 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 discharge shall be regulated by

appropriate government agencies pursuant

to their respective charters and enabling

legislations. In the performance of the

above functions, the government agencies

concern 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.

Sec. 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 charged against the

persons and/or entities responsible for

such pollution.

Sec. 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 Environmental Protection

Council the results of these monitoring

activities as the need arises. ***Hindi

naman nila ginagawa yan.




***We also have land use management.

TITLE III: LAND USE MANAGEMENT

Sec. 22. Purpose. 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 and imbalance between the

nation's needs and such resources.

***Ito yung pinaka-importante dito kaya nga

meron tayong land management bureau. Ano

yung imbalance? Ito yung brought about by

different uses of lands yung mga agricultural

use, yung residential. Our population is

growing, yung mga lands devoted to

agriculture nababawasan yan so anong lupa

ang gagamitin natin for agriculture? Wala! The

agricultural production becomes smaller and

smaller as our need for residential lots grow.

So whats the objective of land management?

To create the balance between the needs and

the development.

Sec. 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, geographic and significant

environmental impact of said

establishments.

***Supposedly, there should be a

comprehensive zoning ordinance. Why

comprehensive? Kasi dapat ma-identify mo

kung ano yung industrial, residential,

commercial etc. But in Davao City we dont

have one. But we have SPOT Zoning katulad

sa isa may residential, commercial, industrial

sa kabila meron na naman, spot nga. Others

would say, its pocket zoning. It is very ideal

that all industries should be placed in one

location para alam mo kung saan ka mag-

iinvest at saan mo ilalagay ang factory mo the

same as residential.

***Ironic situation: HOLCIM-At the time that

HOLCIM was established there, wala pang

mga residents diyan but because of the

employees they were allowed to built their

houses near HOLCIM, right now the residents

are complaining at gusto na nilang paalisin

ang HOLCIM kasi daw nakaksira sila sa

environment at naapektuhan sila.

***But if we have that zoning ordinance

maiiwasan natin yung mga sitwasyon na

ganyan.

TITLE IV: NATURAL RESOURCES

MANAGEMENT AND CONSERVATION




Sec. 25. Purposes. The purposes of this

Title are:

(a) to provide the basic policy 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.

***We are talking here about sustainable

development so we have to preserve our

natural resources for the future

generation. Conservation means to use

only what we need.

Chapter I

Fisheries and Aquatic Resources

Sec. 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.

Sec. 27. Measures for National

Exploitation. Measures for the national

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 waters, coral reef-areas and

islands serving as sanctuaries for fish and

other aquatic life.

Chapter II

Wildlife

Sec. 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.




Sec. 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

reproduction, maintaining their original

habitat, habitat manipulation,

determining bag/creel 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

Sec. 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

time.

Sec. 31. Measures for Rational

Exploitation of Forest Resources. Measures

for the rational exploitation of forest


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 effect 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.




Sec. 32. 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. ***Fertilizers and

pesticides are supposed to be monitored but

sad to say wala rin.

Sec. 33. 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.

Chapter IV

Flood Control and Natural Calamities

Sec. 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 of lakes, and the

seashores;

(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.

***You see theres flood control program. One

of the ways to prevent floods is to preserve the

natural catch basins kasi diyan napupunta

yung mga tubig pero ang ginagawa because of

rapid development tinatabunan nalang. So

saan na ngayon pupunta ang tubig? It

supposedly go to the lowest portion. Like in

Davao City-Torres, Obrero, Boulevard,

Laverna Hills, etc. The best example here is




yung bagyo sa Maynila yung umapaw yung

Marikina River tapos may subdivision doon,

zero talaga maraming namatay kasi yung area

na yun ay natural catch basin.

Sec. 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

destructive effects. ***Typhoon Pablo-

matagal siyag nakalabas in fact bumalik pa

nga siya diba eh.

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

the utilization of invariant sources such

as solar, wind and tidal energy.

***Nuclear power plant, we have Bataan

nuclear power plant which was built during

the time of Marcos. But at the time of Cory,

she immediately abolished the Department of

Energy and I was in that department. During

that time we experienced a lot of brown outs

at such effects are experienced til now kasi

napabayaan kasi ang argument nila ang

department na yun daw ang isa sa pinaka-

corrupt but I would say that such agency was

the most effecient during the time of Marcos

kasi walang mga brown out but napabayaan

and now they are planning to revive it pero

maraming ayaw kasi natatakot silang matulad

sa Japan or yung nangyari sa Russia.

***The trend right now is to go into to the use

of renewable energy. There is a form of

compensation dito on renewable energy, this

is an international law. This so called

compensation, you use this much energy, you

save this much energy thats an equivalent

into saving our environment.

Sec. 37. Measures for Energy

Development.

Measures for energy development program

may include, but shall not be limited to,

the following:

(a) setting up of pilot plants utilizing

invariant sources of energy;

(b) training of technical personnel for

purposes of energy development; and




(c) conducting researches aimed at

developing technology for energy

development.

Sec. 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 exploring and

utilizing geothermal energy, whether

owned or controlled by private or

government entities shall:

(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

and Ground Waters

Sec. 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.

***Ang ginagamit natin for our basic water

need is for example the Davao City Water

District is yung ground water but as early as

now they are considering the possible usage of

surface water kasi nauubos na yung ground

water natin and the most viable surface water

is found at Tamugan river but it is being

contested by Aboitiz and the DCWD on the

use of the water. But I like to add to that now;

they were able to come up with a solution to

such problem.

***Theres an article about the control of the

sources of water and the next world war would

be about who has control over water resources

because it is believed that water in the future

would be scarce. Diyan mag-away-away, that

would be the cause of the next world war.

Chapter VII

Mineral Resources

***Theres a bill now pending in Congress

making Davao city mining-free if that would

be passed, Davao City would be the first one

in the Philippines. Walang mining sa Davao

City.

***Ang trending talaga is to go mining. We

extract our resources. It is just a matter of

how you manage it, kung paano mo kukunin

etc. Kaya nga nilagay yan diyan ng Panginoon

so man should use it but it should be used in

accordance with the needs.




Sec. 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.

***This became effective during the time of

Marcos. During the time of Marcos, ine-

encourage niya yung participation yung mga

under the social justice system, yung sinasabi

nilang backyard mining in order to support

the livelihood program ng government but the

problem is that these small-scale miners are

left on their own and they conduct mining

operations on their own without the guidance

of the government. So pollution dito pollution

doon then the problem became bigger and

bigger .

Sec. 41. Measures for Exploitation and

Utilization of Mineral Resources. Measures

for the gainful exploitation and rational

and efficient utilization of such mineral


limited to the following:

(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 exploration of

undiscovered mineral deposits; and

(e) encouraging the establishment of

processing plants for refined metals.

TITLE V: WASTE MANAGEMENT

***Waste management-it is also a problem

here in Davao City. We generate a lot of waste.

Hindi lang waste on our households, on our

offices but the bigger problem is the waste

generated from the hospitals they are highly

communicable, walang waste disposal system

ang mga hospital though sa kanila merong

segregation but it is only up to that. How do

we dispose of them? Zero! Why? 1. Lack of

initiative from the government to implement

the laws. 2. Sa local, wala tayong facilities. 3.

Wala tayong technology- even if gusto ng mga

hospitals but they are incapable because they

are busy running the hospitals . But right

now, the PAB is really looking forward that

such system would be implemented in the

next five years.

***In Davao city, we are supposed to have a

waste segregation, meron tayong mga

basurahan and we were provided with

thousands of recycle bins how many years ago

pero ngayon parang wala na kasi yung ibang

magagaling na mga Pilipino ninanakaw at

dinadala nila sa bahay nila, yung ibang




industries dinadala nila sa mga yarda nila.

Tapos meron tayong color coding even meron

tayong color coding like black (non-

biodegradable) and green (biodegradable).

Even the segregation starts at home the

problem began at the transport pagdating

doon sa truck iniisa nalang nila then

pagdating sa tambakan iniisa lang nila so

useless. There is no technical support from

the ENB. The ENB is supposed to take a

strong lead at this waste segregration program

pero wala pa rin.

Sec. 42. Purpose. 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.

Chapter I

Enforcement and Guidelines

Sec. 43. Waste Management

Programs. Preparation and

implementation of waste management

program 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 programs.

***The agency responsible for this would be

the LGUs. Actually meron nay an siya but it is

not actually being enforced. Tapos yung

initiative nawala na ngayaon kahit ano

nalang, supposedly it should be MWF-

biodegradable tapos TTH-non-biodegradable

tapos hindi nila kukunin yung basura mo sa

hindi takdang araw pero ngayon wala, sa

amin once a week lang so pinag-isa nila yung

bio at non-bio, binubuhos lang nila sa truck

tapos yung mga basurero sinesegregate nila

yung puwede pang-marecycle tapos binebenta

nila.

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.

Sec. 44. Responsibility of Local

Governments. Each province, city or

municipality shall provide measures to

facilitate the collection, transportation,

processing and disposal of waste within its

jurisdiction in coordination with other

government agencies concerned. For this

purpose, the national government shall

provide the necessary subsidy, to local

governments upon request made through the

National Environmental Protection Council

and subject to such terms and conditions as

the latter may provide.

Chapter II

Methods of Solid Waste Disposal

***Ano yung methods of waste disposal? Later

on we will discuss on Clean Air Act. So we

have solid waste disposal, sanitary landfill,

incinerations-actually sa Clean Air Act nawala

na itong incinerations. Yung incineration is

yung sinussunog yung mga basura tapos may

chimney yan doon sa chimney ini-emit yung

smoke. Nawala ito ngayon yung incineration

but the irony of it under Clean Air Act- it bans

incineration but it allows traditional

incineration-yung siga sa bahay. They say,

kung ipunin mo yang mga siga ng buong

Pilipinas compared to those incineration

plants, yung mga effluents, yung smoke, mas

sobra pa yang smoke na yan kaysa mga

smoke galing sa mga incineration plant.

Sec. 45. Solid Waste Disposal. Solid Waste

dispos.al shall be by sanitary landfill,

incineration, composing, and other

methods as may be approved by competent

government authority.

Sec. 46. Sanitary Landfills. Local

governments, including private

individuals, corporations or organizations

may 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.

Sec. 47. Incineration and Composting

Plants. The installation and establishment

of incineration or composting plants, or

the alteration/modification of any part

thereof shall be regulated by the local

governments concerned in coordination

with the National Pollution Control

Commission.

Sec. 48. Disposal Sites. The location of

solid waste disposal sites shall conform

with existing zoning; land use standards,

and pollution control regulations.

Sec. 49. Dumping into the Sea and Other

Navigable Waters. The dumping or

disposal of solid wastes into the sea and

any body of water in the Philippines,

including shorelines and river banks,

where these 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.




PD 1586: ESTABLISHING AN

ENVIRONEMTAL IMPACT STATEMENT

SYSTEM, INCLUDING OTHER

ENVIRONMENTAL MANAGEMENT RELATED

MEASURES AND FOR OTHER PURPOSES.

***What is the EIS? PD 1586 or otherwise

known as Environmental Impact Statement

System xxxxx.

***What is the rationale of this law? The

necessity of establishing and

institutionalizing of a system whereby the

exigencies of socio-economic undertakings

can be reconciled with the requirements of

environmental quality. So dapat i-reconcile

mo yung dalawa. Industry vs. the

environment, ano ang median diyan? The EIS

system is aimed at finding the line of best fit

(?) ilalagay mo yung industry diyan pero you

make sure that the impact on the environment

is mitigated. Hindi masyadong destructive sa

environment. Yan ang short na rational about

PD 1586.

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.

***When we say noh about environmental

protection, it does not mean that we should

live in caves noh, we should allow ourselves to

grow but not to destroy the environment or

kung merong industry na nakakasira diyan,

put up some mitigating measures so the

impact to the environment is lessen, lessen to

a tolerable degree, there are standards kung

hanggang saan lang ang puwede. Yan ang

objective ng EIS System.

Discussion of the direct or indirect

consequences upon the human welfare as

well as the ecological and environmental

integrity.

***Ano yung direct at yung indirect? Sabi nga

if you get the ecological footprint of a tree from

the time na tinanim yan hanggang sa time

lumaki at putulin yan, so ano ang direct

reason niyan? Siguro yung economic value

niya. What is the economic value of a tree?

70 pesos per board foot times kung ilang

board feet yung tree, yun yung kaniyang

economic value. How about yung other value?

Yung mga hindi puwedeng i-quantify through

money, ano yung puwedeng mawala? Sige

daw!! For example pinutol mo yung isang full

grown tree, ilang ibon ang namamahay diyan?

Diba mawawalan sila ng bahay? Ilang

butterflies ang gumagamit sa kniyang

bulaklak? I-mumultiply mo yan o bees kaya

na namumugad diyan? Yung mga uod na

nakatira sa roots ng kahoy na yan. So can you

quantify that? Isang kahoy lang yan, paano na

kaya kung ektarya ektarya , so can you

imagine the possible effects to the plants, the

animals pati na rin sa human beings. Kaya

nga sabi nila di mo talaga ma-quantify yan.




***Ano yung Environmental Impact

Statement Assessment? Ano ang i-aassess

mo diyan? To identify the important

environmental consequences including

social factors that may occur to the

projects that may be done. ***Ano yung

social factors? Ilang tao ang nakatira diyan?

Sino ang nakatira diyan? Kapag itinayo mo

yung project mo diyan ilang tao ang madi-

displace? It is a type of measure to eliminate

or minimize the said impacts. Ano yung mga

measures to be done in order to minimize the

impact to the environment at dito sa mga

social factors na ito, yung mga taong

apektado, yung mga animals na apektado.

***Later on meron diyang decree na naglilista

sa mga environmentally critical areas at yung

mga environmentally critical projects. So if

you fall either of these two then you must

undergo the EIS system. Kung hindi ka

naman na-bebelong diyan, puwedeng hindi na

but this has been I should say abused noh or

naging overzealousness ng ENB, almost all

types of undertakings or projects required an

ECC. Kahit gagawa ka lang ng maliit na

gasoline station diyan, you need to undergo

the EIS system.

***So what is PD 2146? It lists down the areas

which are considered to be environmentally

critical and what projects are considered to be

environmentally critical.

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.

***So tignan niyo yung penalty, 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, so do you think this would

deter a person in violating the EIS system?

Wala diba?

***So ano ang scope ng EIS system? Eto who

are covered? All government agencies,

including its instrumentalities as well as

GOCCs, private corporations, firms, entities

and individuals. I have told you about the

Artica Sports dome right? So they started the

construction of the dome without an ECC and

at that time si Mayor de Guzman was charged

to be criminally liable for the violation of PD

1586 dahil nagstart sila without undergoing

the EIS system. Ang sabi naming, Artica




Soprts dome ay hindi covered ng EIS system

because 1. LGUs are not included in the

scope. 2. The project is not considered to be

an undertaking in an environmentally critical

area and 3. The project is not considered to an

environmentally critical one. The SC struck

down the first line of defense, for the purposes

of PD 1586, LGUs are covered otherwise the

spirit of PD 1586 would be defeated by mere

technicality so that any LGU would just do

away with the EIS system. But the SC agreed

with the 2nd and the 3rd defences. Kasi ang

sabi ng Mines and Geosciences Bureau, the

entire Davao City is an environmentally

critical area then ang sabi naming, if thats

the case you yourself is violating the PD 1586

because kung mag-construct lang kayo ng

anything noh, kahit maliit na kubeta you have

to undergo the EIS system so you have to pass

your mitigating measures to minimize the

impact to the environment doon palang talon

a ang argument nila. And we also submitted

evidences to prove that Davao City is not an

environmentally critical area.

Environmental Compliance Certificate

(ECC)-

It is a piece of document issued by the

DENR/EMB after a positive review of an

ECC application, certifying that based on

the representations of the proponent, the

proposed project or undertaking will not

cause significant negative: environmental

impact. The ECC also certifies that the

proponent has complied with all the

requirements of the EIS System and has

committed to implement its approved

Environmental Management Plan. The ECC

contains specific measures and conditions

that the project proponent has to

undertake before and during the operation

of a project, and in some cases, during the

project's abandonment phase to mitigate

identified environmental impacts.

***Ibig sabihin if you have an ECC, sinasabi

lang na you have undergone the EIS system,

this is the project, this is the capacity of the

project and there are certain conditions there

that you have to follow. Kapag hindi mo yun i-

finollow, marerevoke ang ECC mo. Meron din

siyang mitigating measures also, you are

allowed to construct this project provided that

you have put up this mitigating measure like

canal diyan, big fences, water sewage system

etc.




PD 2146

***This is a list actually containing the

projects which are considered to be as critical

and the areas considered as critical.

***We go directly to environmentally critical

projects. I have to emphasize hah, if a project

is undertaken within an ECA (environmentally

critical areas) you have to undergo EIS

system. Kung project naman, irrespective of

the area kahit saan mo ilagay yan basta yung

project is listed as an ECP (environmentally

critical project) it has to go the EIS system. So

ECP regardless of the area, ECA regardless of

the project.

A. Environmentally Critical Projects

I. Heavy Industries

a. Non-ferrous metal industries

b. Iron and steel mills

c. Petroleum and petro-chemical industries

including oil and gas

d. Smelting plants

***Yan yung categorized as heavy industries.

II. Resource Extractive Industries

a. Major mining and quarrying projects

Environmental Law TSN.pdf

Documents

Transcript of Environmental Law TSN.pdf