CHAPTER 1: TOUR OF THE HORIZON

Government and Legal System

Overview of the System of Government The Philippines is a republic and is governed by a Constitution enacted in February 1987. The Executive Branch of government is led by a President, who also serves as the head of state. The President is elected by popular vote, without reelection, to a six-year term of office. The President appoints a cabinet. The bicameral legislative branch consists of the Senate and the House of Representatives. The Senate consists of twenty-four members, serving six-year terms while the House of Representatives consists of a maximum of 250 members, each serving a three-year term of office. The judicial branch is headed by the Supreme Court, which is composed of a chief justice and fourteen associate "Nature is an endless combination and repetition of a very few laws." - Ralph Waldo justices, all whom are Emerson appointed by the countrys President. Other judicial bodies include a court of appeals and, trial courts of the first instance distributed by regions, cities, and municipalities.

Hierarchy of Legislation At the national level, there are a number of different legal instruments, each of which is briefly discussed here. Law A law passed by Congress is referred to as a Republic Act (R.A.). The presentation of a bill is initiated either by any, or by both of the legislative chambers (House or Senate) or by the executive. The legislative bill is then studied and heard by the committees concerned (e.g., Senate Committee on Environment) which conducts an inquiry in aid of legislation to hear out the concerns and views on the bill. Thereafter, the bill is approved by the entire body. When both chambers have approved the bill, the same is referred to a Bicameral Conference Committee to reconcile any conflicting provisions. After this stage, it is referred back to the respective chambers (House and Senate) for ratification. For finality, the bill is forwarded to the President for approval or veto. The bill becomes law after it is signed by the President and published. A twothirds vote of Congress is needed to override a veto of the President. From 1988 to the present, law making in the Philippines has been by act of Congress. Presidential Decree During the period known as the Martial Law Years, (1972-1986), legislation was made by Presidential fiat of then President Ferdinand Marcos. Many of the environment, health, and safety laws were passed during this period. They continue to be valid unless otherwise amended or repealed by a subsequent law passed by an act of Congress. Examples of the Presidential Decrees are the Forestry Code of the Philippines (P.D. 705) or the Pollution Control Law (P.D. 984). To this date, they continue to be valid in the absence of a subsequent law. Executive Order An Executive Order (E. O.) is a presidential act providing for rules of a general or permanent character in the implementation or execution of constitutional or statutory powers. Administrative Order An administrative order is an act of the Cabinet/Department Secretary which relates to particular aspects of governmental operations pursuant to his/her duties as administrative head of government. For example, the implementing rules of the Clean Air Act or the Toxic and Hazardous Wastes Act are in the form of a Department Administrative Order (DAO). In the Coast Guard, the implementing rules are called Memorandum Circulars. These administrative orders/circulars

have to be published in the Official Gazette or in newspapers for general circulation for it to be effective. Another requirement is that these be filed with the Office of the National Register in the University of the Philippines Law Center. Proclamation A proclamation is an act of the President fixing a date or declaring a status or condition of public moment or interest. An example of this is a proclamation declaring June as the Environment Month, or the proclamation of a working day as a holiday. Memorandum Order A memorandum order is a presidential act on matters of administrative detail which only concerns a particular office or an office of government. A memorandum order by the President directing the all-out enforcement of the laws on forestry is an example. Implementing Rule and Regulation (IRR) The term implementing rules and regulations (IRR) is a generic term referring to the detailed legal procedures and processes designed to implement the law. This is usually done by way of a Department Administrative Order (DAO) issued by the Department mandated to implement the law. Ordinance An ordinance is a local law passed by the local legislative body of the province, city, municipality, or barangay (village) and approved by the chief executive officer [provincial governor, city or municipal mayor, or barangay leader (also called barangay captain or Chairman) respectively.
"Like water, be gentle and strong. Be gentle enough to follow the natural paths of the earth, and strong enough to rise up and reshape the world." --Brenda Peterson

Environmental Authorities The principal agency tasked with the mandate for environmental protection is the Department of Environment and Natural Resources (DENR). It was created pursuant to Executive Order No. 192 (1987) which fused the functions of the Ministry of Natural Resources (MNR), the National Pollution Control Commission (NPCC), and the National Environmental Protection Council (NEPC). All references to these agencies in the texts of the laws contained in this book (e.g., Environment Code, Pollution Control Law) are deemed to refer to the DENR. Particularly, the DENR is responsible for: 1. The conservation, management, development, and proper use of the countrys environmental and natural resources, specifically forest and grazing lands, mineral resources, including those in reservation and watershed areas, and lands of the public domain; The preservation of cultural and natural heritage through wildlife conservation and segregation of national parks and other protected areas; The promulgation and enforcement of rules and regulations for the control of water, air, and land pollution; The promulgation "In nature there are neither rewards nor punishments - there are only and enforcement of consequences." - Robert G. Ingersoll ambient and effluent standards for water and air quality including the allowable levels of other pollutants and radiation; The promulgation of policies, rules, and regulations for the conservation of the countrys genetic resources, biological diversity, and endangered habitats.

2.

3.

4.

5.

The DENR is headed by the Cabinet Secretary, a position appointed by the President, and assisted by three undersecretaries. Below them are the bureaus of: Mines and Geosciences, Forest Management, Land Management, Environmental Management, and Ecosystems Research. The line functions and regulatory powers of the DENR are performed by the regional offices distributed throughout the thirteen administrative regions of the country. The Autonomous Region of Muslim Mindanao (ARMM) has its own version of the DENR.

Nature is the book of which God is the Author. - Harvey

Attached to the DENR is the Natural Resources Development Corporation (NRDC), a government-owned corporation responsible for promoting natural resource development through investment/involvement in innovative technologies and ventures involving forest management. Other agencies attached to the DENR include the National Mapping and Resource Information Authority (NAMRIA) and the Laguna Lake Development Authority (LLDA). The NAMRIA serves as the central mapping authority of the government. It also conducts research on remotesensing technologies, satellite imagery, and similar technologies. The LLDA is a government-owned corporation which serves as the environmental regulatory authority for the Laguna Lake region. A line bureau within the DENR is the Environmental Management Bureau (EMB), tasked with the principal responsibility of implementing the countrys environmental laws. It also serves as the secretariat of the Pollution Adjudication Board (PAB), which hears and decides pollution cases.

Relevant Provisions of the 1987 Constitution The following provisions in the 1987 Constitution directly or indirectly affect natural resources and environment. Preamble We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane society and establish a government that shall embody our ideals and aspirations, promote the common good, conserve and develop our patrimony, and secure to ourselves and our posterity the blessings of independence and democracy under the rule of law and a regime of truth, justice, freedom, love, equality, and peace, do ordain and promulgate this Constitution. National Territory Article I The national territory comprises the Philippine archipelago, with all the islands and waters embraced therein, and all other territories over which the Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial, and aerial domains, including its territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas. The waters around, between, and connecting the islands of the archipelago, regardless of their breadth and dimensions, form part of the internal waters of the Philippines. Declaration of Principles and State Policies Article II State Policies Right to Health SEC. 15. The State shall protect and promote the right to health of the people and to instill health consciousness among them. 1

The case of LLDA v. CA, 231 SCRA 292 (1994), states that the right to health is a fundamental human right.

Right to Health is Paramount Over Presumed Economic Benefits Facts: In 1996, NAPOCOR began the construction of 29 decagon-shaped steel poles or towers to support overhead high tension cables in connection with its 230 Kilovolt Sucat-Araneta-Balintawak Power Transmission Project. Said transmission lines passes through Sergio Osmea, Sr. Highway (South Superhighway), the perimeter of Fort Bonifacio and Dasmarias Village proximate to Tamarind Road, where petitioners' homes are. Petitioners got hold of published articles and studies linking the the incidence of a fecund of illnesses to exposure to electromagnetic fields. These illnesses range from cancer to leukemia. In 2000, petitioners sought the issuance of a preliminary injunction on the ground that the NAPOCOR Project impinged on their right to health as enshrined in Article II, Section 15 of the 1987 Constitution, which provides: Sec. 15. The State shall protect and promote the right to health of the people and instill consciousness among them. The trial court temporarily restrained the respondent from energizing and transmitting high voltage electric current through the said project. NAPOCOR filed a Petition for Certiorari with the Court of Appeals. Alluding to Presidential Decree No. 1818 (1981), "Prohibiting Courts from Issuing Restraining Orders or Preliminary Injunctions in Cases Involving Infrastructure and Natural Resource Development Projects of, and Public Utilities Operated by, the Government, particularly Sec. 1, NAPOCOR stalwartly sought the dismissal of the case on the ground of lack jurisdiction.
Presidential Decree No. 1818 provides: Section 1. No Court in the Philippines shall have jurisdiction to issue any restraining order, preliminary injunction or preliminary mandatory injunction in any case, dispute, or controversy involving an infrastructure project, or a mining, fishery, forest or other natural resource development project of the government, or any public utility operated by the government, including among other public utilities for transport of the goods or commodities, stevedoring and arrastre contracts, to prohibit any person or persons, entity or government official from proceeding with or continuing the execution or implementation of any such project, or the operation of such public utility or pursuing any lawful activity necessary for such execution, implementation or operation.

In the meantime, the trial court ordered the issuance of a writ of preliminary injunction against NAPOCOR. It was of the view that Presidential Decree No. 1818 and jurisprudence proscribing injunctions against infrastructure projects do not find application in the case at bar because of the health risks involved.

The Court of Appeals reversed the trial courts order. Hence, this petition. Issue: Whether or not the trial court has jurisdiction to issue a TRO and a preliminary injunction even if the petitioners' right to health is at stake? Held/Ratio: NO, the trial court has no jurisdiction. The issue of petitioner's right to health is a veritable question of law thus removing the case from the protective mantle of Presidential Decree No. 1818. Moreover, the issuance by the trial court of a preliminary injunction finds legal support in Section 3 of Rule 58 of the Rules of Court. For a writ of preliminary injunction to be issued, the Rules do not require that the act complained of be in violation of the rights of the applicant. Indeed, what the Rules require is that the act complained of be probably in violation of the rights of the applicant. In the case at bar, there is adequate evidence on record to justify the conclusion that the project of NAPOCOR probably imperils the health and safety of the petitioners so as to justify the issuance by the trial court of a writ of preliminary injunction. Petitioners adduced in evidence copies of studies linking the incidence of illnesses such as cancer and leukemia to exposure to electromagnetic fields. Despite the parties conflicting results of studies made on the issue, the possibility that the exposure to electromagnetic radiation causes cancer and other disorders is still, indeed, within the realm of scientific scale of probability. In sum, what Presidential Decree No. 1818 aims to avert is the untimely frustration of government infrastructure projects, particularly by provisional remedies, to the detriment of the greater good by disrupting the pursuit of essential government projects or frustrate the economic development effort of the nation. Presidential Decree No. 1818, however, was not meant to be a blanket prohibition so as to disregard the fundamental right to health, safety and wellbeing of a community guaranteed by the fundamental law of the land. In the present case, the far-reaching irreversible effects to human safety should be the primordial concerns over presumed economic benefits per se as alleged by the NAPOCOR.
Eduardo F. Hernandez, et al vs. National Power Corporation GR No. 145328 March 23, 2006

Right to a Balanced Ecology 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.2

Article III Bill of Rights Right to Due Process of Law SECTION 1. No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws. Right to Privacy SEC. 2. The right of the people to be secure in their persons, houses, papers, and effects against unreasonable Sunrise in Bantayan Island. searches and seizures of whatever nature and for any purpose shall be inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the persons or things to be seized. Right of Access to Information SEC. 7. The right of the people to information on matters of public concern shall be recognized. Access to official records, and to documents and papers pertaining to official acts, transactions, or decisions, as well as to government research data used as basis for policy development, shall be afforded the citizen, subject to such limitations as may be provided by law.

The case of Minors v. DENR, 224 SCRA 792 (1993), states that the right to a balanced ecology is an enforceable legal right.

Firepower in the Legal Arsenal

The constitutional right to information is a very powerful tool in the game, and legal arsenal of environmental advocacy. For example, it can be used to legally compel the Government to release the relevant environmental data. Thus, it is our Constitutional right to demand that Government release, for example, data on the environmental performance of a certain company. Of course, it is also a legal duty of the polluting company to submit truthful and accurate data to the Government, in fact, in pain of perjury. All together, the stimulus of transparency makes for better environmental governance. Transparency is a most effective tool to deter environmental mischief. A company which knows, for example, that its pollution data can be made public will do its best to clean up. A logging or mining company which knows that its environmental records can be opened for public scrutiny, will also do its best to comply with the environmental standards. In the U.S. jurisdiction, they belatedly realized the power of the Community Right to Know provisions of their laws. In many societies, especially in Asia, social sanction has long been held as the highest form of punishment, more painful than ordinary legal sanction. In this part, it is quite quaintly called the loss of face.

Right of Access to Information

The right to information on matters of public concern is applicable and enforceable against a government-owned corporation. Said corporation cannot invoke the right to privacy, a right available only to individuals. Facts: Valmonte, together with other members of the media, sought to compel the GSIS: a. to furnish them with the list of names of Batasan members belonging to UNIDO and PDP-Laban who were able to secure clean loans immediately before the February 7 election through the intercession of Imelda Marcos; b. to furnish them with certified true copies of the documents evidencing their respective loans; and c. to allow them access to public records for the subject information. In reply, GSIS asserts confidentiality of its relationship with those who obtain loans. Issue: Can Valmonte, et. al. compel GSIS to reveal the desired information? Held: Yes. Petitioners have the right to access to the public documents. The public nature of the loanable funds of the GSIS and the public office held by the alleged borrowers make the information sought a matter of public concern. The GSIS cannot plead privacy because privacy may be raised only by the party concerned, in this case, the borrowers. But considering the public office of the borrowers, they still cannot plead privacy. The right to privacy belongs to the individual and must be invoked by the individual. A public agency like the GSIS cannot invoke said right. A corporation has no right to privacy since the entire basis of the right to privacy is an inquiry to the feelings and sensibilities of the party and a corporation would have no such ground for relief. Government, whether carrying out its sovereign attributes or running some business, discharges the same function of service to the people. Moreover, it was clearly the intent of the Constitutional Commission to include government-owned and controlled corporations in the scope of the right to information. But this does not mean that GSIS must furnish the petitioners with the list of the names requested. The constitutional right gives them access to official records. But the Constitution does not accord them the right to compel custodians of official records to prepare lists, abstracts, summaries, and the like in their desire to acquire information on matters of public concern.
Valmonte v. Belmonte 170 SCRA 256, G. R. No. 74930 February 13, 1989

The Right to Information is Not Discretionary

Information of public concern is a demandable right. Government officials have no discretion whether or not to release the information. They can only prescribe the manner by which the right can be exercised, such as, for example, that it can be secured only during office hours. However, this right admits of exceptions such as when the information requested is a matter of national security. Facts: Attorney Valentin L. Legaspi of Cebu City requested for information from the Civil Service Commission. He wanted to know if two persons who were appointed as sanitarians in the Health Department of the city were civil service eligible. When the Commission denied his request, he filed a petition before the Supreme Court to compel the Commission to disclose the information he sought. Mr. Legaspi based his demand on Sec. 7, Article III of the 1987 Constitution which describes a persons constitutional right to information on matters of public concern. The Commission defended itself by saying that Mr. Legaspi had no right to ask the Court to compel the Commission to give him the information he seeks. Moreover, the Commission asserted that it had the discretion on whether or not it should furnish a person with the information requested. Issue: Does Mr. Legaspi have the right to obtain the information he seeks? Held: Yes. The right of the people to have information on matters of public interest is, by its very nature, a public right. In Taada v.Tuvera (136 SCRA 27), it was said that when the question is one of public right and the object of the mandamus is to procure the enforcement of a public duty, the people are regarded as the real party in interest and the realtor at whose instigation the proceedings are instituted need not show that he has any legal or special interest in the result, it being sufficient to show that he is a citizen and as such interested in the execution of the laws. From the foregoing, it becomes apparent that when a mandamus proceeding1 involves the assertion of a public right, the requirement of personal interest is satisfied by the mere fact that the petitioner is a citizen, and therefore, part of the general public which possesses the right.

Issue: Can the respondent exercise its discretion to refuse Mr. Legaspi access to such information? Held: No. According to the Supreme Court, For every right of the people recognized as fundamental, there lies a corresponding duty on the part of those who govern to respect and protect that right. In recognizing the peoples right to be informed . . . the New Charter expressly mandates the duty of the State and its agents to afford access to official records, documents, papers, and in addition, government research data used as basis for policy development, subject to such limitations as may be provided by law (Sec. 7, Article III, 1987 Constitution). The guarantee has been further enhanced . . . with the adoption of a policy of full public disclosure, this time subject to reasonable conditions prescribed by law, in Sec. 28, Article II thereof, to wit: Subject to reasonable conditions prescribed by law, the State adopts or implements a policy of full public disclosure of all its transactions involving public interest. It is clear from the foregoing pronouncements of this Court (in the cited case of Taada and in Subido v.Ozaeta, 80 Phil. 383) that government agencies are without discretion to refuse disclosure of, or access to, information of public concern. However, this is not to lose sight of the reasonable regulations which may be imposed by said agencies in custody of public records on the manner in which the right to information may be exercised by the public. In the Subido case, We (Supreme Court) recognized the authority of the Register of Deeds to regulate the manner in which persons desiring to do so may inspect, examine, or copy records relating to registered lands. However, the regulations which the Register of Deeds may promulgate are confined to: . . . prescribing the manner and hours of examination to the end that damage to or loss of the records may be avoided, that undue interference with the duties of the custodian of the books and documents and other employees may be prevented, that the right of other persons entitled to make inspection may be insured. . . . We were emphatic in our statement that the authority to regulate the manner of examining public records does not carry with it the power to prohibit. A distinction has to be made between the discretion to refuse outright the disclosure of or access to a particular information and the authority to regulate the manner in which the access is to be afforded.

Issue: Is there any limitation on the constitutional right to information? Held: Yes. The decisive question on the propriety of the issuance of the writ of mandamus in this case is whether the information sought by the petitioner is within the ambit of the constitutional guarantee. (T)he constitutional guarantee to information on matters of public concern is not absolute. It is still subject to limitations as may be provided by law (Sec. 7, Article III). Certain types of information may not be available for public scrutiny, such as those affecting national security. Two requisites must first be fulfilled in order for the right to be enforceable: a. b. The information sought is of public concern or one that involves public interest, and, It is not exempted by law from the operation of the constitutional guarantee.

With regard to the first, it is for the courts to decide on a case-to-case basis whether an information sought is of public interest or concern. In this case, the information the petitioner sought to access is clearly of public interest. It is the legitimate concern of citizens to ensure that government positions requiring civil service eligibility are occupied only by persons who are eligible. With regard to the second requisite, the information sought must not be among the species exempted by law from the operation of the constitutional guarantee. Here, the petitioners right to know is upheld because there is no law prohibiting such information from being disclosed. It is in fact the case that civil service examination results are released to the public. There is therefore no reason to withhold it from the petitioner.
Legaspi v. Civil Service Commission 150 SCRA 530, G. R. No. 72119 May 29, 1987

National Economy and Patrimony Article XII Efficient Use of Resources The goals of the SECTION 1. national economy are a more equitable distribution of opportunities, income, and wealth; a sustained increase in the amount of goods and services produced by the nation for the benefit of the people; and an expanding productivity as the key to raising the quality of life for all, especially the underprivileged. The State shall promote industrialization and full employment based on sound agricultural development and agrarian reform, through industries "Through primrose tufts, in that sweet bower, The periwinkle trail'd that make full and efficient use of its wreaths; And 'tis my faith that every flower Enjoys the air it human and natural resources, and breathes." --William Wordsworth which are competitive in both domestic and foreign markets. However, the State shall protect Filipino enterprises against unfair foreign competition and trade practices. In the pursuit of these goals, all sectors of the economy and all regions of the country shall be given optimum opportunity to develop. Private enterprises, including corporations, cooperatives, and similar collective organizations, shall be encouraged to broaden the base of their ownership. State Ownership of Natural Resources 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 corporation or associations at least sixty percent 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 water power, beneficial use may be the measure and limit of the grant. The State shall protect the nations 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 smallscale utilization of natural resources by Filipino citizens, as well as cooperative fish farming, with priority to subsistence fishermen and fish workers in rivers, lakes, bays, and lagoons. The President may enter into agreements with foreign-owned "If there is magic on this planet, it is contained in water." --LORAN EISELY, The Immense Journey, 1957 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. The President shall notify the Congress of every contract entered into in accordance with this provision, within thirty days from its execution.

Lands of Public Domain and Classification 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, Congress shall determine, by law, the size of lands of the public domain which may be acquired, developed, held, or leased and in the conditions therefore. Limits of Forest Lands and National Parks 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 forest and watershed areas. Indigenous Cultural Communities

Before the forests can be protected, their boundaries must be clearly identified and marked on the ground with clear and visible boundary markers.

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 "The fishing was good; it was the catching that was bad." --A.K. Best laws governing property rights or relations in determining the ownership and extent of ancestral domain. Social Function of Property The use of property bears a social function and all economic agents SEC. 6. 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.

Social Justice and Human Rights Article XIII Ecological Considerations in Agrarian Reform SEC. 4. The State shall, by law, undertake an agrarian reform program founded on the right of farmers and regular farm workers, who are landless, to own directly or collectively the lands they till or, in the case of other farm workers, 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 rights of small landowners. The State shall further provide incentives for voluntary landsharing.

Preferential Use of Marine Resources for Subsistence Fishermen

SEC. 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 marine resources. The protection shall extend to offshore fishing grounds of subsistence fishermen against foreign intrusion. Fish workers shall receive a just share from their labor in the utilization of marine and fishing resources. Health Care and Regulation SEC. 11. The State shall adopt an integrated and comprehensive approach to health development which shall endeavor to make essential goods, health and other social services available to all the people at affordable cost. There shall be priority for the needs of the underprivileged, sick, elderly, disabled, women, and children. The State shall endeavor to provide free medical care to paupers. 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 countrys health needs and problems. Rights of Women SEC. 14. The State shall protect working women by providing safe and healthful working conditions, taking into account their maternal functions, and such facilities and opportunities that will enhance their welfare and enable them to realize their full potential in the service of the nation. Role and Rights of Peoples Organizations SEC. 23. The State shall encourage nongovernmental, community-based, or sectoral organizations that promote the welfare of the nation (Article II). SEC. 15. The State shall respect the role of the independent peoples organizations to enable the people to pursue and protect, within the democratic framework, their legitimate and collective interests and aspirations through peaceful and lawful means. Peoples organizations are bona fide associations of citizens with demonstrated capacity to promote the public interest and with identifiable leadership, membership, and structure. Local Autonomy Article X

SEC. 25. The State shall ensure the autonomy of local governments (Article II)

General Environmental Laws

Philippine Environmental Policy (Presidential Decree 1151) 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 tunnelvision concept is not conducive to the attainment of an ideal environmental situation where man and nature can thrive in harmony with one another; and

Sing sweetness, to the last palpitation of the Earth.

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 ensure the attainment of an environmental quality that is conducive to a life of dignity and well-being. SEC. 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 nonrenewable resources. SEC. 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. 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 detailed statement on: a. b. c. d. the environmental impact of the proposed action, project, or undertaking; any adverse environmental effect which cannot be avoided should the proposal be implemented; alternative to the proposed action; 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 whenever a proposal involves the use of depletable or nonrenewable resources, a finding must be made that such use and commitment are warranted.

e.

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. Agency Guidelines The different agencies charged with SEC. 5. 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),3 their respective guidelines, rules, and
3

All reference to the NEPC (or council) and the National Pollution Control Commission (NPCC) shall mean to refer to the DENR.

regulations to carry out the provisions of Section 4 hereof on environmental impact assessments and statements. SEC. 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. SEC. 7. Effectivity This Decree shall take effect immediately. Done in the City of Manila this 6th day of June, 1977.

Philippine Environment Code (Presidential Decree 1152) 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 Environmental Protection Council under Presidential Decree No. 1121;4 Whereas, it is necessary that the creation of the Council be implemented with the launching of a comprehensive program of environmental protection and management;

"We are surrounded by a rich and fertile mystery." --Henry David Thoreau

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.

Abolished by Sec. 16, E.O. No. 192, s. 1987.

Title IAir Quality Management ________________________________________________________________N ote: The provisions on air quality management have been revised by the Clean Air Act of 1999 (R. A. No. 8749. Please see Chapter 3). -----------------------------------------------------------------------------------------------------------Title IIWater Quality Management Note: The provisions on Water Quality have been revised by the Clean Water Act (Republic Act ____, Please see Chapter 4) . The provisions quoted hereunder, esp. Sec. 17 and 20, were creatively used to compel the various government agencies to clean up Manila Bay. Please news article below. However, the case is still under litigation with the Government filing a Petiton for Review before the Supreme Court from the Decision of the Court of Appeals. 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. b. c. d. classification of Philippine waters; establishment of water quality standards; protection and improvement of the quality of the Philippine water resources, and responsibilities for surveillance and mitigation of pollution incidents.

Chapter IClassification and Standards SEC.15. Classification of Philippine Waters The National Pollution Control Commission,5 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. b. c. the existing quality of the body of water at the time of classification; the size, depth, surface area covered, volume, direction, rate of flow, gradient of stream; and 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
5

All references to NPCC now refer to the DENR.

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. 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 the technology relating to water pollution control.

b.

Chapter IIProtection 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 discharges 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 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. 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.

Title IIILand 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 to encourage the prudent use and conservation of land resources in order to prevent an imbalance between the nations needs and such resources.

b.

SEC. 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. b. c. a science-based and technology-oriented land inventory and classification system; a determination of present land uses, the extent to which they are utilized, underutilized, rendered idle, or abandoned; a comprehensive and accurate determination of the adaptability of the land for community development, agriculture, industry, commerce, and other fields of endeavor; a method of identification of areas where uncontrolled development could result in irreparable damage to important historic, cultural, or aesthetic values, or natural systems or processes of national significance; a method for exercising control by the appropriate government agencies

d.

e.

f. g.

h.

i.

over the use of land in areas 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; a method to ensure the consideration of regional development and land use in local regulations; a policy for influencing the location of new communities and methods for assuring appropriate controls over the use of land around new communities; 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 a recommended method for the periodic revisions and updating of the national land use scheme to meet changing conditions.

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.

Title IVNatural 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 countrys natural resources to obtain the optimum benefits therefrom and to preserve the same for the future generations; and to provide general measures through which the aforesaid policy may be carried out effectively.

b.

Chapter IFisheries and Aquatic Resources ________________________________________________________________ Note: The policies on fisheries and aquatic resources are further reiterated and amplified by the Fisheries Code of 1998 (Rep. Act No. 8550. Please see Chapter 4 Sea). ----------------------------------------------------------------------------------------------------------SEC. 26. Management Policy The national government, through the Department of Natural shall Resources,6 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 beauty if it were surrounded by water." --JAN ERIK VOLD, What All The World National Exploitation Knows, 1970 Measures for the national exploitation of fisheries and other aquatic resources may include, but shall not be limited to, the following: a. b. c. d. undertaking manpower and expertise development; acquiring the necessary facilities and equipment; regulating the marketing of threatened species of fish or other aquatic resources; 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 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.
"If you gave me several million years, there would be nothing that did not grow in

e.

DNR is now the DENR.

Chapter IIWildlife ________________________________________________________________ Note: SECTIONS 28 and 29. The provisions of these sections are deemed modified by Rep. Act 9147, the new comprehensive law on the Conservation and Protection of Wildlife (Please see Chapter 3, Protected Species) -----------------------------------------------------------------------------------------------------------

Chapter IIIForestry 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 countrys forest resources at maximum productivity at all times. SEC. 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. b.
"The nation that destroys its soil destroys itself." - Franklin D. Roosevelt

regulating the marketing of threatened forest resources; reviewing all existing rules and regulations on the exploitation of forest resources with a view of formulating guidelines for the systematic and efficient

c.

d.

enforcement thereof; 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 carrying out a continuing effect on reforestation, timber stand improvement, forest protection, land classification, forest occupancy management, agriculture, range management, agricultural/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 therefore a tolerance level in their use. Their use shall be monitored by appropriate government agencies to provide empirical data for effective regulation. 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.

Grass and sky are the two canvasses into which the rich details of the Earth are drawn. - Louise Erdrich, Big Grass

Chapter IVFlood 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. b. c. d. e. the control of soil erosion on the banks of rivers, the shores of lakes, and the seashores; the control of flow and flooding in and from rivers and lakes; the conservation of water which, for purposes of this Section shall mean forms of water, but shall not include captive water; the needs of fisheries and wildlife and all other recreational uses of natural water; 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 measures to stimulate research in matters relating to natural water and soil conservation and the application of knowledge thereby acquired.

f.

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 their destructive effects.

Chapter VEnergy Development ________________________________________________________________ Note: The following provisions are deemed modified and amplified by the creation of the Department of Energy, R. A. No. 7638 (1992). ----------------------------------------------------------------------------------------------------------SEC. 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 invariant7 sources such as solar, wind, and tidal energy. SEC. 37. Measures for Energy Development Measures for [an] energy development program may include, but shall not be limited to, the following: a. b. c. setting up of pilot plants utilizing invariant sources of energy; training of technical personnel for purposes of energy development; and conducting researches aimed at developing technology for energy development.

Safety Measures on Energy Development Rules and regulations SEC. 38. 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. b. observe internationally accepted standards of safety; and provide safety devices to ensure the health and welfare of their personnel as well as the surrounding community.

Chapter VIConservation 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.
7

Also known as renewable sources of energy.

Chapter VIIMineral Resources ________________________________________________________________ Note: The provisions on mineral resources are deemed amplified by the Philippine Mining Act of 1995 (R. A. No. 7942). ----------------------------------------------------------------------------------------------------------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. SEC. 41. Measures for Exploitation and Utilization of Mineral Resources Measures for the gainful exploitation and rational and efficient utilization of such mineral resources may include, but shall not be limited to, the following: a. b. c. d. e. increasing research and development in mineral resources technology; training of additional technical manpower needed in geology, geophysics, mining engineering, and related fields; regulating the exploitation of identified mineral reserves; accelerating the exploration of undiscovered mineral deposits; and encouraging the establishment of processing plants for refined metals.

Title VWaste Note: Sections 42 to 49 on waste management are deemed modified by the Solid Waste Management Act (R.A. 9003). The responsibility of local governments for solid waste management is further amplified by the provisions of the Local Government Code of 1991 (Rep. Act No. 7160) and the Ecological Solid Waste Management Act (R.A. 9003). Chapter IIIMethods of Liquid Waste Disposal Liquid Waste Disposal Wastewater SEC. 50. 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.
"The emergence of intelligence, I am convinced, tends to unbalance the ecology. In other words, intelligence is the great polluter. It is not until a creature begins to manage its environment that nature is thrown into disorder." --Clifford D. Simak

SEC. 51.

Applicability

of

Section

The

provisions of Section 8 hereof shall likewise apply to the dumping or disposal of liquid waste into the sea and other bodies of water. Title VIMiscellaneous Provisions Population-Environment Balance In the assessment of SEC. 52. development projects, the National Environmental Protection Council, hereinafter referred to in this Title as the Council shall take into consideration their effect on the population with a view to achieving a rational and orderly balance between man and his environment. Environmental Education The Department of Education and SEC. 53. 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. Environmental Research The Council shall undertake and/or SEC. 54. promote continuing studies and research programs on environmental management and shall, from time to time, determine priority areas of environmental research. Monitoring and Dissemination of Environmental Information of SEC. 55. 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. Incentives To operate the installation and the utilization of SEC. 56. pollution control facilities, the following incentives are hereby granted: a. exemption to the extent of fifty percent (50%) of tariff duties and compensating tax for the 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; a tax credit equivalent to fifty percent (50%) 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 Decree, be given to the person or firm who or which

b.

c.

purchases them from a domestic manufacturer, and another tax credit equivalent to twenty-five percent (25%) thereof shall be given to the said manufacturer subject to such conditions as may be imposed by the Council; and deductions equivalent to fifty percent (50%) of the expenses actually incurred on research projects undertaken to develop technologies for the manufacture of pollution control equipment 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 of 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.

Incentives While the incentives mentioned above (Sec. 55) have lapsed and are no longer applicable, other incentives granted by the annual list of investment priority areas are still available (e.g., income tax holidays, tax credits, etc.) Please see Chapter 7 for an example of the listing of the incentives for environment - related industries and facilities.

SEC. 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 a case-to-case basis subject to such conditions as may be imposed by the Council. SEC. 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. SEC. 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.

Government SEC. 60. Offices Performing Environmental Protection Functions Government agencies vested by law to exercise environmental management power, shall continue to function as such within their respective jurisdictions. The Council may, however, in the exercise of its powers and "Though inland far we be, Our souls have sight of that immortal sea Which functions under Presidential brought us hither." ~William Wordsworth, Intimations of Immortality Decree No. 1121, inquire into any action or issue of environmental significance. SEC. 61. Public Hearings The Council may, whenever it deems necessary, conduct public hearings on issues of environmental significance. SEC. 62. a. Definition of Terms As used in this Code:

b. c.

d.

e.

f.

g. h.

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. Emission means the act of passing into the atmosphere an air contaminant, pollutant, gas stream, and unwanted sound from a known source. Water quality means the characteristics of water which define its use in terms of physical, chemical, and biological contents; hence the quality of water for domestic use is different from industrial use. Water quality surveillance means a close and continuous supervision of the water quality to detect developments, movements, or changes in the characteristics of the water. Water quality standard means a plan that is established by governmental authority as a program for water pollution prevention and abatement. Such a standard may include water use classification and the criteria to support the uses of the water. Effluent standards means restrictions established to limit levels of concentration of physical, chemical, and biological constituents which are discharged from point sources. Clean-up operations refers to activities conducted in removing the pollutants discharged or spilled in water to restore it to pre-spill condition. Accidental spills refers to spills of oil or other hazardous substances in water that result from accidents involving the carriers of such substance such as collisions and grounding.

i. Areas of critical environmental concern are areas where uncontrolled development could result in irreparable damage to important historic, cultural, or aesthetic values or natural systems or processes of national significance. j. Hazardous substances means elements or compounds which when discharged in any quantity present imminent or substantial danger to public health and welfare. k. Areas impacted by public facilities refers to areas where the introduction of public facilities may tend to induce development and urbanization of more than local significance or impact. l. Environmental impact is the alteration, to any degree, of environmental conditions or the creation of a new set of environmental conditions, adverse or beneficial, to be "The sun, with all those plants revolving around it and induced or caused by a proposed dependent upon it, can still ripen a bunch of grapes as if it had project. nothing else in the universe to do." --Galileo m. Government agencies refers to national, local, and regional agencies and instrumentalities including government-owned and controlled corporations.

Title VIIFinal Provisions SEC. 63. Separability of Provisions If any provision of this Code, or the application of such provision to any person or circumstance, is declared unconstitutional, the remainder of the Code or the application of such provision to other persons or circumstances shall not be affected by such declaration. SEC. 64. Effectivity This Code shall take effect upon its approval. Done in the City of Manila, this 6th day of June, 1977.

Environmental Impact Statement System (Presidential Decree 1586)

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 socioeconomic growth and environmental protection.
In Nature, there are no rewards nor punishments. There are only consequences. -Robert Ingersoll, Some Reasons Why

SEC. 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. 1151,9 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 affects the quality of the environment. SEC. 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 410 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. SEC. 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
8

This Law provides in more detail the policy on the assessment of the environmental impact of any proposed project as stated in Sec. 4 of the Environmental Policy Act (P.D. 1151). 9 Philippine Environmental Policy. 10 Environmental Impact Statements.

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 realignment of government personnel, and their specific functions and responsibilities. For the same purpose as above, the Ministry of Human Settlements shall: a. b. c. prepare the proper land or water use pattern for said critical project(s) or area(s); establish ambient environmental quality standards; develop a program of environmental enhancement or protective measures against calamitous factors such as earthquake, floods, water erosion, and others, and perform such other functions as may be directed by the President from time to time.

d.

SEC. 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, through the Ministry of Human Settlements, may, however, require non-critical projects and undertakings to provide additional environmental safeguards as it may deem necessary. SEC. 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. SEC. 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. SEC. 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 Presidential Decree No.

984.11 SEC. 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 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. SEC. 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 Presidential Decree No. 984, shall be automatically appropriated into an Environment Revolving Fund hereby created as an exemption to Presidential Decree No. 711 and Presidential Decree No. 1234.12 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. SEC. 11. Repealing Clause The Inter-Agency Advisory Council of the National Pollution Control Commission created under Section 4 of Presidential Decree 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. SEC. 12. Effectivity Clause This Decree shall take effect immediately. Done in the City of Manila, this 11th day of June, 1978.

11 12

Pollution Control Law. Re: Fiduciary Funds of the national government. However, under the one-fund policy of the national government, all revenues derived from penalties are remitted to the black hole called the National Treasury.

Environmentally Critical Areas and Projects (Presidential Decree 2146)

Whereas, it is the national policy to attain and maintain a rational and orderly balance between socio-economic growth and environmental conservation and protection; Whereas, there is an urgent need to bring about an intensive integrated program of environmental protection through a requirement of environmental impact assessments and statements; Whereas, the environmental impact statement system established under Presidential Decree No. 1586 calls for the proper management of environmentally critical areas; Whereas, the pursuit of a comprehensive and integrated environmental protection program necessitates the establishment and institutionalization of a system whereby the exigencies of socio-economic undertakings can be reconciled with the requirements of environmental protection and conservation; Whereas, the national leadership mandates the establishment of such a system to regulate and minimize the environmental impacts of projects and undertakings which may significantly affect the quality of the environment in Presidential Decree No. 1586; and Whereas, in the effective implementation of such a system, there arises the need to identify and declare certain projects determined to be environmentally critical. Now, Therefore, I, Ferdinand E. Marcos, President of the Philippines, by virtue of the powers vested in me by law, hereby proclaim the following areas and types of projects as environmentally critical and within this scope of the Environmental Impact Statement System:

"It is a wholesome and necessary thing for us to turn again to the earth and in the contemplation of her beauties to know of wonder and humility." -- Rachel Carson

A.

Environmentally Critical Projects I. Heavy Industries a. b. c. d. Nonferrous metal industries Iron and steel mills Petroleum and petro-chemical industries including oil and gas Smelting plants

II. Resource Extractive Industries a. b. Major mining and quarrying projects Forestry projects 1. Logging 2. Major wood-processing projects 3. Introduction of fauna (exotic animals) in public/ private forests 4. Forest occupancy 5. Extraction of mangrove products 6. Grazing Fishery Projects 1. Dikes and/or fishpond development projects

c.

III. Infrastructure Projects a. b. c. d. B. Major dams Major power plants (fossil-fueled, nuclear-fueled, hydroelectric, or geothermal) Major reclamation projects Major roads and bridges

Environmentally Critical Areas 1. 2. 3. 4. 5. 6. 7. 8. 9. All areas declared by law as national parks, watershed reserves, wildlife preserves, and sanctuaries; Areas set aside as aesthetic potential tourist spots; Areas which constitute the habitat for any endangered or threatened species of indigenous Philippine wildlife (flora and fauna); Areas of unique historic, archaeological, or scientific interests; Areas which are traditionally occupied by cultural communities or tribes; Areas frequently visited and/or hard hit by natural calamities (geologic hazards, floods, typhoons, volcanic activity, etc.) Areas with critical slopes; Areas classified as prime agricultural lands; Recharged areas of aquifers;

10.

11.

12.

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. Mangrove areas characterized by one or any combination of the following conditions: a. with primary pristine and dense young growth; b. adjoining mouth or 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; and e. on which people are dependent for their livelihood. 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; and c. which acts as natural breakwater of coastlines.

This proclamation shall take effect immediately. Done in the City of Manila, this 14th day of December, 1981. -----------------------------------------------------------------------------------------------------------A HORSE DESIGNED BY GOVERNMENT The EIA system in the Philippines has been undergoing changing times. The latest rules governing the EIA system is Department Administrative Order No. 2003 03. There have been interesting developments in the area of the Multi- Partite Monitoring (MMT), the Environmental Guaranty Fund, and the implementation of the principle of Social Acceptability. These developments only prove one thing about Governments and Laws: That a camel was a horse designed by Government. (No offense meant to the camel.) Pollution Control Law (Presidential Decree 984)

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 countrys 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:

"Only within the moment of time represented by the present century has one species -- man -- acquired significant power to alter the nature of his world." -Rachel Carson

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. SEC. 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 utilization for domestic, commercial, industrial, agricultural, recreational, or other legitimate purposes. Sewage means the water-carried human or animal wastes from residences, buildings, industrial establishments, or other places, together

b.

c.

d.

e.

f.

g.

h.

i. j.

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. 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 of 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. 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. 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. 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-products from such sewage, industrial waste, or other wastes. Sewage works means individually or collectively those constructions or devices used 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. 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. Commission means the National Pollution Control Commission. Person/Persons includes any being, natural or juridical, susceptible of rights and obligations or of being the subject of legal relations.

13 SEC. 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 fulltime 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
13

Secs. 3, 4, and 5, insofar as they relate to the creation, membership, and organization of the NPCC and the Inter-Agency Advisory Council, are deemed repealed by E.O. No. 192 creating the DENR.

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. SEC. 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 Departments of Agriculture, Health, Industry, Justice, Labor, Local Government and Community Development, National Defense, Natural Resources, Public Works, and Transportation and Communications; the heads of the Laguna Lake Development Authority, National Economic and Development Authority, National Science Development Board, and 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. SEC. 5. Organization of the CommissionThe 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 Appropriations 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 therefore, 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 and 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.
14 SEC. 6. Powers and Functions The Commission shall have the following powers and functions:

a.

b.

c.

d.

e.

f.

g.

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. 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. 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. Adopt, prescribe, and promulgate rules and regulations governing the procedures of the Board 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. 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. Make, alter, or modify orders requiring the discontinuance of pollution specifying the conditions and the time within which such discontinuance must be accomplished. 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 Board, by rules and regulations, may require subdivisions, condominiums, hospitals, public buildings, and other similar human settlements to put up appropriate central sewerage systems 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

14

The powers and functions listed as d, e, f, and the adjudicatory powers have been absorbed by the DENRPAB pursuant to Sec. 19, E.O. No. 192 (1987). Reference to the Commission is hereinafter meant to refer to the Pollution Adjudicatory Board.

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 therefore; Provided, That local governments, development authorities, and other similar government instrumentalities or agencies may set up higher standards15 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 "How strange that Nature does not knock, and yet does not intrude!" -include the extent to which the Emily Dickinson, letter to Mrs. J.S. Cooper, 1880 objectives in the plans referred to under Section 6 (b) have been achieved.
15

Meaning more stringent.

p.

Exercise such powers and perform such other functions as may be necessary to carry out its duties and responsibilities under this Decree.

16 SEC. 7. Public Hearing

a.

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 finds 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 (P200.00), 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 members of the Commission 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. Appeal to CourtsAny 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

b.

16

This quasi-judicial power is now exercised by the Pollution Adjudication Board (PAB or Board) per E.O. 192. This reference to the Commission or its members shall deemed to refer to the Board or to the members thereof.

c.

d.

after any party claiming to be aggrieved thereby has exhausted the remedies before the Board. The Board shall be deemed to be a party to any judicial action involving any decision. 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 Regional Trial Court17 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 Chairman of the Commission himself or the Court of Appeals or the Supreme Court so orders. 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 the Regional Trial Court, 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.

SEC. 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. 2. 3. the construction, installation, modification, or operation of any sewage works or any extension or addition thereto; the increase in volume or strength of any wastes in excess of the permissive discharge specified under any existing permit; 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.

17

P.D. No. 984 used the outdated term Court of First Instance (CFI). Per B.P. Blg. 129, it is now referred to as the Regional Trial Court (RTC), a court of general jurisdiction.

SEC. 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 "I believe that there is a subtle magnetism in Nature, which, if we Pesos per day for every unconsciously yield to it, will direct us aright." --Henry David Thoreau 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 abovementioned 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 subsection shall not be a bar to, nor shall affect any other remedies provided for in this Decree but shall not be cumulative and additional to such remedies. Any person who shall violate any of the provisions of Section 8 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. Any person who shall refuse, obstruct, or hamper the entry of the duly authorized representatives of the DENR into any property of the public 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.

b.

c.

d.

e.

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 any order or decision of the Commission promulgated pursuant to this Decree thereby 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. In case the violator is a juridical person, the penalty shall be imposed on the managing head responsible for the violation.

SEC. 10. Jurisdiction The Commission shall have no jurisdiction over waterworks or sewage systems 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,18 the DENR 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 DENR. Once minimum pollution standards are established and agreed upon, the development authorities concerned may, by mutual agreement and prior consultation with the DENR, undertake the pollution control activities themselves.19 SEC. 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. SEC. 12. Repealing Clause Any provision of laws, presidential decrees, executive orders, rules, and regulations and/or parts thereof inconsistent with the provisions of this Decree, are hereby repealed and/or modified accordingly. SEC. 13. Effectivity This Decree shall take effect immediately. Done in the City of Manila, this 18th day of August, 1976.

18

The Laguna Lake Development Authority is government-owned corporation with its owned special charter and was formerly under the administrative supervision of the Office of the President through the National Economic Development Authority (NEDA). Per E.O. No. 129 (1993), the LLDA is now an attached agency of the DENR. 19 The power of the LLDA to exercise pollution control activities and adopt its own procedures for notice, hearing, and closure of polluting establishments is believed to be derived from this provision of the Pollution Control Law.

Pollution is a Technical Issue The determination of the existence of pollution is a technical matter that must first be resolved by competent authority. Without such determination, a criminal case for pollution cannot be filed. Facts: On March 11, 1975, petitioner Donald Mead and Isaac Arivas, president and general manager respectively of the Insular Oil Refinery Co. (INSOIL), were charged by the provincial fiscal of Rizal for a violation of Sections 9 and 10 of Republic Act No. 3931, entitled An Act Creating a National Water and Air Pollution Control Commission. Specifically, the complaint alleged that INSOIL polluted the environment by dumping its industrial and other hazardous wastes into the highway canal in the vicinity of its plant. Mr. Mead assails the jurisdiction of the court saying that the National Water and Air Pollution Commission has the exclusive authority to determine the existence of pollution before a criminal case can be filed for violation of said law and that the Commission has the exclusive authority to prosecute said violations. Thus, the not having finally ruled that there is a violation of Republic Act No. 3931 in this case, the provincial fiscal lacks the authority to prosecute him for violation of said law. The respondents on the other hand, maintain that the courts have concurrent jurisdiction with the Commission to prosecute violations of Republic Act No. 3931. Issue: Does the court have jurisdiction to try the case for pollution? Held: No. Republic Act No. 3931231 is a law prohibiting the pollution of waterways and/or the atmospheric air. As such, any prosecution for violation of said law requires that the complainant prove that the accused committed the act which the law tries to preventthat is, that he polluted the air or waterways through some means. The term pollution as used in the law is not to be taken in its ordinary signification. In Sec. 2, paragraph (a), of Republic Act No. 3931, pollution is defined in these words: (a) Pollution means such alteration of the physical, chemical, and/or biological properties of any water and/or atmospheric air of the Philippines, or any such discharge of any liquid, gaseous, or solid substances into any of the waters and/or atmospheric air of the country as will or is likely to create or render such waters and/or atmospheric air harmful or detrimental or injurious to public health, safety or welfare, or to domestic, commercial, industrial, agricultural, recreational, or other legitimate uses, or to livestock, wild animals, birds, fish, or other aquatic life.

Th(is) definition of the term pollution in itself connotes that the determination of its existence requires specialized knowledge of technical and scientific matters which are not ordinarily within the competence of fiscals (prosecutors) or of those sitting in a court of justice. This is probably the reason why the power to determine the existence of pollution is vested by the law in the Commission. Section 6 . . . gives the Commission the authority to determine whether a pollution exists in any of the waters and/or atmospheric air of the Philippines while Section 8 contains explicit provisions as to the authority of the Commission to determine the existence of pollution and to take appropriate actions to abate or prevent the same. This same section expressly provides that on matters not related to nuisance, no court action shall be initiated until the Commission shall have finally ruled thereon. This provision leaves little room for doubt that a court action involving the determination of the existence of pollution may not be initiated until and unless the Commission has so determined the existence of what in the law is considered pollution. As may be seen from the law, the determination of the existence of pollution requires investigation, public hearings, and the collection of various information relating to water and atmospheric pollution. Thus, there being no investigation or finding from the Commission regarding this matter, the provincial fiscal acted prematurely in instituting this action. Consequently, the respondent court cannot acquire jurisdiction. Case dismissed.
Mead v. Argel 115 SCRA 256, G. R. No. L-41958, July 20, 1982

Grass is the forgiveness of Nature her constant benediction Forest decay, Harvest perish and Flowers vanish, But grass is immortal*

Ingalls, Speech 1874

Cease and Desist Order May Be Issued Without Extensive Hearing The PAB has the legal authority to issue a cease and desist order ex parte without a hearing where the discharges exceed the allowable standards. Facts: Solar Textile Finishing Corp. (Solar, for brevity) was charged in the PAB with violating Section 8 of Presidential Decree No. 984, Section 103 of its Implementing Rules and Regulations and the 1982 Effluent Regulations. The case stemmed from PABs findings after several inspections that Solars textile plant in Malabon was discharging untreated wastewater directly into a canal leading to the Tullahan-Tenejeros River. On September 22, 1988, the PAB issued an ex parte cease and desist order (CDO) against Solar signed by Board Chairman and then DENR Secretary Fulgencio Factoran, Jr. On March 31, 1989, a writ of execution was issued. Solar filed a motion for reconsideration to stay the execution of the CDO. Acting on this motion, the PAB issued an order allowing Solar to operate temporarily pending another inspection and evaluation by the PAB and the DENR. However, on April 21, Solar went to the RTC Quezon City on a petition to enjoin the execution of the CDO. The RTC dismissed Solars petition saying that appeal was the proper remedy and that the Boards subsequent order allowing Solar to operate temporarily has rendered the petition moot and academic. Solar appealed to the Court of Appeals which decided in its favor. Thus, this petition by the PAB to the Supreme Court to assail the correctness of the CAs decision. Issue: Did PAB deny Solar its constitutional right to due process when it issued the closure order without a hearing or ex parte? Held: No. The Pollution Control Law (Presidential Decree No. 984) in Section 7 a. gives the PAB the necessary legal authority to issue an ex parte cease and desist order (a)whenever the wastes discharged by an establishment pose an immediate threat to life, public health, safety or welfare, or to animal or plant life, or whenever such discharges or wastes exceed the allowable standards . ..

b.

On the one hand, it is not essential that the Board prove that an immediate threat to life, public health, safety or welfare, or to animal or plant life exists before an ex parte cease and desist order may be issued. It is enough for the Board to find that the wastes discharged exceed the allowable standards.

In respect of discharges of wastes as to which allowable standards have been set by the DENR, the Board may act on ex parte basis when it finds at least prima facie proof that the wastewater or material involved presents an immediate threat to life, public health, safety or welfare or to animal or plant life. Since the applicable standards set by the DENR existing at any given time may well not cover every possible or imaginable kind of effluent or waste discharge, the general standard of an immediate threat to life, public health, safety or welfare, or to animal and plant life remains necessary. In this case, records show that there was at least prima facie evidence before the Board that the effluents emanating from Solars plant exceeded the maximum allowable levels of physical and chemical substances set by the DENR and that accordingly there was adequate basis supporting the ex parte cease and desist order issued by the Board. Industrial establishments are not constitutionally entitled to reduce their capital costs and operating expenses and to increase their profits by imposing upon the public threats and risks to safety, health and general welfare and comfort, by disregarding the requirement of anti-pollution statutes and their implementing regulations.
Pollution Adjudication Board v. CA 195 SCRA 112, G. R. No. 93891, March 11, 1991

Unjust Enrichment and the Internalization of Environmental Costs The last quoted paragraph of this decision is quite interesting. First of all, it says what it says and almost speaks directly to irresponsible industrial establishments to clean up their act and not to unduly enrich themselves at the expense of the public. In law, this is known as the principle of unjust enrichment. Second, and very subtly, this passage is actually an early example of the modern concept of cost internalization. In the manufacturing process, only the costs of capital, materials, and labor are factored into the cost of production. Environmental costs, i.e., the costs borne by the public as area of the pollution however, the cost to the public of the industrial pollution, are not included in the cost of goods manufactured. In economic parlance, they are called cost externalities, i.e., costs external to the cost of production. If the law can compel industrial establishments to install pollution control equipment and/or establish environmental management systems, the environmental cost would then perforce be internalized into the cost of the goods. The present laws do not specifically allow for the imposition of the environmental user fee system. However, the language existing authorizing the collection of fees for the issuance of environmental permits to operate an industrial or commercial establishment.

Jurisdiction Over Pollution Case Pollution cases are within the exclusive jurisdiction and competence of the DENR and therefore are beyond the power of the local mayor to resolve. Facts: Technology Developers Inc. (TDI) is a domestic private corporation engaged in the business of manufacturing and exporting charcoal briquettes. It has a plant located in the municipality of Sta. Maria, Bulacan which became the subject of complaints from residents. The complainants alleged that hazardous fumes or smoke from the plants chimney was polluting the environment and causing sickness among the locals. Responding to the complaints, acting Mayor Pablo N. Cruz ordered the closure of the plant basing his decision on TDIs apparent lack of building permit, mayors permit and antipollution permit from the National Pollution Control Commission (now DENR-EMB).

"The earth we abuse and the living things we kill, in the end, take their revenge; for in exploiting their presence we are diminishing our future." --Marya Mannes

TDI brought a petition before the RTC of Bulacan to prevent the mayor from carrying out his order. However, the RTC allowed the mayor to effect the closure. TDI then went to the Court of Appeals which also dismissed the petition. Hence, this petition before the Supreme Court. Issue: Was the RTC correct in allowing the mayor to effect the closure of the allegedly polluting establishment? Held: No.

January 21, 1991 Decision The initial decision of the Supreme Court dated January 21, 1991 declared that the Mayors closure order was done pursuant to the latters police power. It quoted the portion of the RTC decision which said: While it is true that the matter of determining whether there is a pollution of the environment that requires control if not prohibition of the operation of a business is essentially addressed to then National Pollution Control Commission of the Department of Natural Resources, it must be recognized that the mayor of a town has as much responsibility of protecting its inhabitants from pollution, by virtue of his police power, he may deny the application for a permit to operate a business or otherwise close the same unless appropriate measures are taken to control and/or avoid injury to the health of the residents of the community from the emissions. Moreover, the Supreme Court held that concomitant to the need to promote investment and contribute to the growth of the economy is the equally essential imperative of protecting the health, nay, the very lives of the people, from the deleterious effect of the pollution of the environment.

July 31, 1991 Resolution (Note: However, upon motion for reconsideration, in a Resolution dated July 31, 1991, the Court reversed itself 180 degrees apparently in the face of certain evidence submitted by TDI. Among others, the company submitted a building permit issued by the Building Official of the then Ministry of Public Works and a permit to operate issued by the DENR-EMB. The Court also found that certain signatures in the complaint/petition submitted to the mayor as the basis of the latters closure order were falsified. In its resolution, the Court said, (o)ur previous decision was anchored on factual allegations in the respondent mayors pleadings, which the trial court, the Court of Appeals, and this court assumed to be true. The petitioners motion for reconsideration of our decision has knocked down those factual moorings of our decision.) We are impelled to reconsider our decision for, regardless of the mayors justifications for issuing his arbitrary closure order, he was, and is, bereft of jurisdiction to issue it. The applicable law is Presidential Decree No. 984 which created and established on August 18, 1976 the National Pollution Control Commission, later renamed Environmental Management Bureau (or EMB) as the primary agency responsible for the prevention and control of environmental pollution in the country. The primacy of its jurisdiction on matters of air, water, and pollution, is affirmed in Sections 10 and 17 of Presidential Decree No. 984 which provide that the rules and regulations issued by the EMB for the prevention of pollution 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, and any provision of laws, presidential decrees, executive orders, rules and regulations and/or parts thereof inconsistent with the provisions of this Decree are hereby repealed and/or modified accordingly. Evidently, even the provision of the Civil Code on nuisance, insofar as the nuisance is caused by pollution of the air, water, or land resources, are deemed superseded by Presidential Decree No. 984 which is the special law on the subject of pollution. The powers and functions of the EMB enumerated in Section 6 of Presidential Decree No. 984 are not conferred by law on town officials. Significantly, it is the discharge of industrial wastes, not the operation of the business, that may be discontinued. The acting mayor may not capriciously deny a permit to operate TDIs otherwise legitimate business on the ground that its plant was causing excessive air pollution. Only the EMB, after due notice and hearing, may determine whether excessive pollution exists. The complaint against the TDI for violation of anti-pollution laws should have been addressed to the EMB which alone is empowered to investigate and, after a public hearing, to determine whether the charcoal briquette plant was causing air pollution in excess of permissible limits, whether the discharge of smoke from petitioners 16-meter smoke stack should be reduced or discontinued, whether additional devices for that purpose should be installed, and whether its business should be temporarily suspended or totally banned. That investigation and determination can only be made by the EMB, assisted by its staff of sanitary engineers, environmental experts, chemists, physicians, and technical men working with scientific equipment and laboratory facilities to measure the degree and extent of air pollution in the plant site and around it, and determine the danger, if any, that it poses to the health of the people in the barangay where the plant is located. It was never the laws intention to place in the hands of just any layman, however high his motives may be, the authority to determine if pollution exists, and the power to toll the death knell of a multi-million peso industry which, in this case, not only provides jobs, but also brings in export dollars for the countrys dollar-starved economy. A special agency, the EMB, was created by law for this purpose.
Technology Developers, Inc. v. C.A. 193 SCRA 147, G. R. No. 94759, January 21, 1991; 201 SCRA 11, July 31, 1991

Ripe for Judicial Clarification This case is ripe for judicial clarification in light of the passage of the Local Government Code of 1991. The case cited above and its implications on local governance are excellent subjects to explore in a path-breaking legal research paper. Note however that the resolution of the Motion for Reconsideration was based on certain facts: that TDI, after all, had a permit from the EMB and a building permit from the then Ministry of Public Works and that certain signatures which formed the basis of the residents complaint were falsified. Given a different set of facts and considering the eloquent call for vigilance by the Supreme Court in the closing lines in the case of Tano v. Socrates, it is believed that the Court would rule differently if a similar case is brought today. Incidentally, the Courts reference to the EMB as the proper body is slightly inaccurate. The power to hear and decide on pollution cases is actually vested in the Pollution Adjudication Board (PAB) per Executive Order No. 192 (1987), a quasi-judicial body of which the EMB is only the Secretariat.

Do not go where the path may lead; Go instead where there is no path and thenleave a trail. (Ralph W. Emerson, Essays)

Philippine Environment Partnership Program (DAO 2003-14) Article I Policy Statement, Objectives and Definition of Terms Pursuant to and in line with the policy of the State to promote the people's right to a balanced and healthful ecology, the Philippine Agenda 21, Executive Order 192 (Sec 5, (h)(6), PD 1152 (Sec 58)] and the Medium Term Philippine Development Plan (19992004) Clean Air Act of 1999, Pollution Control Law [PD 984, Sec 6 (f)(g)], Ecological Solid Waste Management Act "All my life through, the new sights of Nature made me rejoice like a child." (Article 1, Section 2 (h), Marie Curie Environmental Code (PD 1152, Sec 57), and recognizing that Environmental Management System (EMS), Pollution Prevention/Cleaner Production (P2/CP) are significant programs to reduce pollution and promote sound environmental management, this Order is hereby promulgated to encourage and support establishments to adopt self-regulation for improved environmental performance through the provision of regulatory assistance and other incentives under the Philippine Environment Partnership Program (PEPP). SECTION 1. Basic Policy It is the policy of the State to promote sustainable development by encouraging 'the business and/or industrial sector to engage in environmental improvement activities and advance self-regulation and mandatory compliance with environmental standards. SEC. 2. Objectives 2.1 To promote mandatory self-monitoring and compliance with environmental standards and to encourage voluntary self-regulation among establishments for improved environmental performance. To provide incentives and package of assistance to establishments particularly the small and medium enterprises to achieve pollution prevention/cleaner production process.

2.2

2.3 2.4

To build or enhance the capability of establishments and/or their associations on self-regulation. To strengthen the capability of the Department of Environment and Natural Resources Environmental Management Bureau (DENR-EMB) and other Environmental Authorities in implementing the PEPP towards industry selfregulation.

Toxic Substances and Hazardous Wastes (Republic Act 6969) SECTION 1. Short Title This Act shall be known as the Toxic Substances and Hazardous and Nuclear Wastes Control Act of 1990. SEC. 2. Declaration of Policy It is the policy of the State to regulate, restrict, or prohibit the importation, manufacture, processing, sale, distribution, use, and disposal of chemical substances and mixtures that present unreasonable risk and/or injury to health or the environment; to prohibit the entry, even in transit, of hazardous and nuclear wastes and their disposal into the Philippine territorial limits for whatever purpose; and to provide advancement and facilitate research and studies on toxic chemicals. SEC. 3. Scope This Act shall "Civilization is being poisoned by its own waste products". - William Ralph Inge cover the importation, manufacture, processing, handling, storage, transportation, sale, distribution, use, and disposal of all unregulated chemical substances and mixtures in the Philippines, including the entry, even in transit, as well as the keeping or storage and disposal of hazardous and nuclear wastes20 into the country for whatever purpose. SEC. 4. Objectives The objectives of this Act are:

20

The phrase as well as the keeping or storage and disposal of hazardous and nuclear waste is the legal basis for the passage of regulations on the storage, handling, transportation, ad disposal of hazardous wastes.

a.

b.

c.

d.

To keep an inventory of chemicals that are presently being imported, manufactured, or used, indicating, among others, their existing and possible uses, test data, names of firms manufacturing or using them, and such other information as may be considered relevant to the protection of health and the environment; To monitor and regulate the importation, manufacture, processing, handling, storage, transportation, sale, distribution, use, and disposal of chemical substances and mixtures that present unreasonable risk or injury to health or to the environment in accordance with national policies and international commitments; To inform and educate the populace regarding the hazards and risks attendant to the manufacture, handling, storage, transportation, processing, distribution, use, and disposal of toxic chemicals and other substances and mixture; and To prevent the entry, even in transit, as well as the keeping or storage and disposal of hazardous and nuclear wastes into the country for whatever purpose.

SEC. 5. Definition As used in this Act: a. Chemical substance means any organic or inorganic substance of a particular molecular identity, including: i. Any combination of such substances occurring in whole or in part as a result of chemical reaction or occurring in nature; and ii. Any element or uncombined chemical. Chemical mixture means any combination of two or more chemical substances if the combination does not occur in nature and is not, in whole or in part, the result of a chemical reaction, if none of the chemical substances comprising the combination is a new chemical substance and if the combination could have been manufactured for commercial purposes without a chemical reaction at the time the chemical substances comprising the combination were combined. This shall include non-biodegradable mixtures. Process means the preparation of a chemical substance or mixture after its manufacture for commercial distribution: i. In the same form or physical state or in a different form or physical state from that which it was received by the person so preparing such substance or mixture; or ii. As part of an article containing a chemical substance or mixture. Importation means the entry of a product or substance into the Philippines (through the seaports or airports of entry) after having been properly cleared through or still remaining under customs control, the product or substance of which is intended for direct consumption, merchandising, warehousing, or for further processing. Manufacture means the mechanical or chemical transformation of substances into new products whether work is performed by power-driven

b.

c.

d.

e.

f. g.

h.

i.

machines or by hand, whether it is done in a factory or in the workers home, and whether the products are sold at wholesale or retail. Unreasonable risk means expected frequency of undesirable effects or adverse responses arising from a given exposure to a substance. Hazardous substances are substances which present either: i. short-term acute hazards, such as acute toxicity by ingestion, inhalation, or skin absorption, corrosivity or other skin or eye contact hazards or the risk of fire or explosion; or ii. long-term environmental hazards, including chronic toxicity upon repeated exposure, carcinogenicity (which may in some cases result from acute exposure but with a long latent period), resistance to detoxification process such a biodegradation, the potential to pollute underground or surface waters, or aesthetically objectionable properties such as offensive odors. Hazardous wastes are hereby defined as substances that are without any safe commercial, industrial, agricultural, or economic usage and are shipped, transported, or brought from the country of origin for dumping or disposal into or in transit through any part of the territory of the Philippines. Hazardous wastes shall also refer to by-products, side-products, process residues, spent reaction media, contaminated plant or equipment or other substances from manufacturing operations, and consumer discards of manufacture products. Nuclear wastes are hazardous wastes made radioactive by exposure to the radiation incidental to the production or utilization of nuclear fuels but does not include nuclear fuel, or radioisotopes which have reached the final stage of fabrication so as to be usable for any scientific, medical, agricultural, commercial, or industrial purpose.

SEC. 6. Functions, Powers, and Responsibilities of the Department of Environment and Natural Resources The Department of Environment and Natural Resources shall be the implementing agency tasked with the following functions, powers, and responsibilities: a. To keep an updated inventory of chemicals that are presently being manufactured or used, indicating, among others, their existing and possible uses, quality, test data, names of firms manufacturing or using them, and such other information as the Secretary may consider relevant to the protection of health and the environment; To require chemical substances and mixtures that present unreasonable risk or injury to health or to the environment to be tested before they are manufactured or imported for the first time; To require chemical substances and mixtures which are presently being manufactured or processed to be tested if there is a reason to believe that they pose unreasonable risk or injury to health or the environment; To evaluate the characteristics of chemicals that have been tested to determine their toxicity and the extent of their effects on health and the

b.

c.

d.

e. f.

g. h. i. j.

k.

l.

environment; To enter into contracts and make grants for research, development, and monitoring of chemical substances and mixtures; To conduct inspection of any establishment in which chemicals are manufactured, processed, stored, or held before or after their commercial distribution and to make recommendations to the proper authorities concerned; To confiscate or impound chemicals found not falling within said acts and cannot be enjoined except after the chemicals have been impounded; To monitor and prevent the entry, even in transit, of hazardous and nuclear wastes and their disposal into the country; To subpoena witnesses and documents and to require other information if necessary to carry out the provisions of this Act; To call on any department, bureau, office, agency, state university or college, and other instrumentalities of the government for assistance in the form of personnel, facilities, and other resources as the need arises in the discharge of its functions; To disseminate information and conduct educational awareness campaigns on the effects of chemical substances, mixtures, and wastes on health and environment; and To exercise such powers and perform such other functions as may be necessary to carry out its duties and responsibilities under this Act.

SEC. 7. Inter-Agency Technical Advisory Council There is hereby created an Inter-Agency Technical Advisory Council attached to the Department of Environment and Natural Resources which shall be composed of the following officials or their duly authorized representatives: Secretary of Environment and Natural Resources Chairman Secretary of HealthMember Director of the Philippine Nuclear Research InstituteMember Secretary of Trade and IndustryMember Secretary of Science and TechnologyMember Secretary of National DefenseMember Secretary of Foreign AffairsMember Secretary of Labor and EmploymentMember Secretary of FinanceMember Secretary of AgricultureMember Representative from a nongovernmental organization on health and safetyMember

"The earth we abuse and the living things we kill, in the end, take their revenge; for in exploiting their presence we are diminishing our future." - Marya Mannes

The representative from the nongovernmental organization shall be appointed by the President for a term of three (3) years. The Council shall have the following functions: a. To assist the Department of Environment and Natural Resources in the formulation of the pertinent rules and regulations for the effective implementation of this Act; To assist the Department of Environment and Natural Resources in the preparation and updating of the inventory of chemical substances and mixtures that fall within the coverage of this Act; To conduct preliminary evaluation of the characteristics of chemical substances and mixtures to determine their toxicity and effects on health and the environment and make the necessary recommendations to the Department of Environment and Natural Resources; and To perform such other functions as the Secretary of Environment and Natural Resources may, from time to time, require.

b.

c.

d.

SEC. 8. Pre-Manufacture and Pre-Importation Requirements Before any new chemical substance or mixture can be manufactured, processed, or imported for the first time as determined by the Department of Environment and Natural Resources, the manufacturer, processor, or importer shall submit the following information: the name of the chemical substance or mixture; its chemical identity and molecular structure; proposed categories of use; an estimate of the amount to be manufactured, processed, or imported; processing and disposal thereof; and any test data related to health and environmental effects which the manufacturer, processor, or importer has. SEC. 9. Chemicals Subject to Testing Testing shall be required in all cases where: a. There is reason to believe that the chemical substance or mixture may present an unreasonable risk to health or the environment or there may be substantial human or environmental exposure thereto; There are insufficient data and experience for determining or predicting the health and environmental effects of the chemical substance or mixture; and The testing of the chemical substance or mixture is necessary to develop such data.

b. c.

The manufacturers, processors, or importers shall shoulder the costs of testing the chemical substance or mixture that will be manufactured, processed, or imported. SEC. 10. Action by the Secretary of Environment and Natural Resources or his Duly Authorized Representative The Secretary of Environment and Natural Resources or his duly authorized representative shall, within ninety (90) days from the date of filing of the notice of manufacture, processing, or importation of a

chemical substance or mixture, decide whether or not to regulate or prohibit its importation, manufacture, processing, sale, distribution, use, or disposal. The Secretary may, for justifiable reasons, extend the ninety-day pre-manufacture period within a reasonable time. SEC. 11. Chemical Substances Exempt from Pre-Manufacture Notification The manufacture of the following chemical substances or mixtures shall be exempt from pre-manufacture notification: a. b. c. d. Those included in the categories of chemical substances and mixtures already listed in the inventory of existing chemicals; Those to be produced in small quantities solely for experimental or research and developmental purposes; Chemical substances and mixtures that will not present an unreasonable risk to health and the environment; and Chemical substances and mixtures that exist temporarily and which have no human or environmental exposure such as those which exist as a result of chemical reaction in the manufacture or processing of a mixture of another chemical substance.

SEC. 12. Public Access to Records, Reports, or Notification The public shall have access to records, reports, or information concerning chemical substances and mixtures including safety data submitted, data on emission or discharge into the environment, and such documents shall be available for inspection or reproduction during normal business hours except that the Department of Environment and Natural Resources may consider a record, report or information or particular portions thereof confidential and may not be made public when such would divulge trade secrets, production or sales figures or methods, production or processes unique to such manufacturer, processor, or distributor, or would otherwise tend to affect adversely the competitive position of such manufacturer, processor, or distributor. The Department of Environment and Natural Resources, however, may release information subject to claim of confidentiality to a medical research or scientific institution where the information is needed for the purpose of medical diagnosis or treatment of a person exposed to the chemical substance or mixture. SEC. 13. Prohibited Acts The following acts and omissions shall be considered unlawful: a. Knowingly use a chemical substance or mixture which is imported, manufactured, processed, or distributed in violation of this Act or implementing rules and regulations or orders; Failure or refusal to submit reports, notices, or other information, access to records, as required by this Act, or permit inspection of establishment where chemicals are manufactured, processed, stored, or otherwise held; Failure or refusal to comply with the pre-manufacture and pre- importation

b.

c.

d.

requirements; and Cause, aid, or facilitate, directly or indirectly, in the storage, importation, or bringing into Philippines territory, including its maritime economic zones, even in transit, either by means of land, air, or sea transportation or otherwise keeping in storage any amount of hazardous and nuclear wastes in any part of the Philippines.

SEC. 14. Criminal Offenses and Penalties a. The penalty of imprisonment of six (6) months and one day to six (6) years and one day and a fine ranging from Six Hundred Pesos (P600.00) to Four Thousand Pesos (P4,000.00) shall be imposed upon any person who shall violate Section 13 (a) to (c) of this Act and shall not be covered by the Probation Law. If the offender is a foreigner, he or she shall be deported and barred from any subsequent entry into the Philippines after serving his or her sentence; ii. In case any violation of this Act is committed by a partnership, corporation, association, or any juridical person, the partner, president, director, or manager who shall consent to or shall knowingly tolerate such violation shall be directly liable and responsible for the act of the employee and shall be criminally liable as a co-principal; iii. In case the offender is a government official or employee, he or she shall, in addition to the above penalties, be deemed automatically dismissed from office and permanently disqualified from holding any elective or appointive position. i. The penalty of imprisonment of twelve (12) years and one day to twenty (20) years, shall be imposed upon any person who shall violate Section 13 (d) of this Act. If the offender is a foreigner, he or she shall be deported and barred from any subsequent entry into the Philippines after serving his or her sentence; ii. In the case of corporations or other associations, the above penalty shall be imposed upon the managing partner, president, or chief executive in addition to an exemplary damage of at least Five Hundred Thousand Pesos (P500,000.00). If it is a foreign firm, the director and all officers of such foreign firm shall be barred from entry into the Philippines, in addition to the cancellation of its license to do business in the Philippines; iii. In case the offender is a government official or employee, he or she shall in addition to the above penalties be deemed automatically dismissed from office and permanently disqualified from holding any elective or appointive position. Every penalty imposed for the unlawful importation, entry, transport, manufacture, processing, sale, or distribution of chemical substances or mixtures into or within the Philippines shall carry with it the confiscation and i.

b.

c.

d.

forfeiture in favor of the government of the proceeds of the unlawful act and instruments, tools or other improvements including vehicles, sea vessels, and aircrafts used in or with which the offense was committed. Chemical substances so confiscated and forfeited by the government at its option shall be turned over to the Department of Environment and Natural Resources for safekeeping and proper disposal. The person or firm responsible or connected with the bringing or importation into the country of hazardous or nuclear wastes shall be under obligation to transport or send back said prohibited wastes. Any and all means of transportation, including all facilities and appurtenances that may have been used in transporting to or in the storage in the Philippines of any significant amount of hazardous or nuclear wastes shall at the option of the government be forfeited in its favor.

SEC. 15. Administrative Fine In all cases of violations of this Act, including violations of implementing rules and regulations which have been duly promulgated and published in accordance with Section 16 of this Act, the Secretary of Environment and Natural Resources is hereby authorized to impose a fine of not less than Ten Thousand Pesos (P10,000.00), but not more than Fifty Thousand Pesos (P50,000.00) upon any person or entity found guilty thereof. The administrative fines imposed and collected by the Department of Environment and Natural Resources shall accrue to a special fund to be administered by the Department exclusively for projects and research activities relative to toxic substances and mixtures. SEC. 16. Promulgation of Rules and Regulations The Department of Environment and Natural Resources, in coordination with the member agencies of the Inter-Agency Technical Advisory Council, shall prepare and publish the rules and regulations implementing this Act within six months from the date of its effectivity. SEC. 17. Appropriations Such amount as may be necessary to implement the provisions of this Act is hereby annually appropriated and included in the budget of the Department of Environment and Natural Resources. SEC. 18. Separability Clause If any provision of this Act is declared void or unconstitutional, the remaining provisions thereof not affected thereby shall remain in full force and effect. SEC. 19. Repealing Clause All laws, presidential decrees, executive orders, and issuances, and rules and regulations which are inconsistent with this Act are hereby repealed or modified accordingly. SEC. 20. Effectivity This Act shall take effect after fifteen (15) days following its publication in the Official Gazette or in any newspaper of general circulation.

Approved: October 26, 1990

Environmental Administration Department of Environment and Natural Resources (Executive Order 192, 1987)21 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 now be effected; Whereas, the environment will be effected 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;

"When Nature has work to be done, she creates a genius to do it." -Ralph Waldo Emerson

Whereas, under Article XIII, 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.

21

NOTE: In the period between the February 1986 People Power revolution (that installed Mrs. Corazon C. Aquino as President of the Philippines) and the convening of Congress in late 1987, President Aquino exercised legislative powers by way of executive orders. This was especially used in the reorganization of government offices, one of which was the Ministry of Natural Resources. By Executive Order, this was transformed into a Department which included environmental protection in its very mandate.

SEC. 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. SEC. 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, offshore 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 the utilization, development, and conservation of our natural resources. SEC. 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, mineral resources, including those in reservation and watershed areas, and lands of the public domain, as well as the licensing and regulation of all natural resources as may be 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 its 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 or replacement, whenever possible; Increase the productivity of natural resources in order to meet the demands for forest, mineral, and land resources of a growing population; Enhance the contribution of natural resources for achieving national economic and social development; Promote equitable access to natural resources by the different sectors of the population; Conserve specific terrestrial and marine areas representative of the Philippine natural and cultural heritage for present and future generations.

b. c. d. e.

SEC. 5. Powers and Functions To accomplish its mandate, the Department shall have the following powers and 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;

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d.

e.

f. g. h.

Formulate, implement, and supervise the governments policies, plans and programs pertaining to the management, conservation, development, use, and replenishment of the countrys natural resources; Promulgate rules and regulations in accordance with law governing the exploration, development, conservation, extraction, disposition, use, and such other commercial activities tending to cause the depletion and degradation of our natural resources; Exercise supervision and control over forest lands, alienable and disposable lands, and mineral resources and in the process of exercising such control, the Department shall impose appropriate payments, fees, charges, rentals and any such form of levy and collect such revenues for the exploration, development, utilization, or gathering of such revenues; Undertake exploration, assessment, classification, and inventory of the countrys natural resources using ground surveys, remote sensing, and complementary technologies; Promote proper and mutual consultation with the private sector involving natural resources development, use, and conservation; Undertake geological surveys of the whole country including its territorial waters; Establish policies and implement programs for the: 1. Accelerated inventory, surveys, and classification of land, forest, and mineral resources using appropriate technology, to be able to come up with a more accurate assessment of resource quality and quantity; 2. Equitable distribution of natural resources through the judicious administration, regulation, utilization, development, and conservation of public lands, forests, and mineral resources (including mineral reservation areas), that would benefit a greater number of Filipinos; 3. Promotion, development, and expansion of natural resource-based industries; 4. Preservation of cultural and natural heritage through wildlife conservation and segregation of national parks and other protected areas; 5. Maintenance of a wholesome natural environment by enforcing environmental protection laws; and 6. Encouragement of greater people participation and private initiative in natural resource management. Promulgate rules and regulations necessary to: 1. 2. Accelerate cadastral and emancipation patent surveys, land use planning, and public land titling; Harness forest resources in a sustainable manner, to assist rural development, support forest-based industries, and provide raw materials to meet increasing demands, at the same time keeping adequate reserves for environmental stability; and

i.

Expedite mineral resources surveys, promote the production of metallic and nonmetallic minerals, and encourage mineral marketing. j. Regulate the development, disposition, extraction, exploration, and use of the countrys forest, land, and mineral resources; k. 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, lessees, and permittees for the extraction, exploration, development, and utilization of natural resource products; the implementation of programs and measures with the end in view of promoting close collaboration between the government and the "Human judges can show mercy. But against the laws of nature, there is private sector; the effective and no appeal." --Arthur C. Clarke efficient classification and subclassification of lands of the public domain; and the enforcement of natural resources laws, rules, and regulations; l. Promulgate rules, regulations, and guidelines on the issuance of coproduction, 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 arrangements upon failure, noncompliance or violations of any regulations, orders, and for all other causes which are in furtherance of the conservation of natural resources and supportive of the national interests: m. 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, subclassification, surveying, and titling of lands in consultation with appropriate agencies. n. 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; o. Promulgate rules and regulations for the control of water, air, and land pollution;

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Promulgate ambient and effluent standards for water and air quality including the allowable levels of other pollutants and radiations; Promulgate policies, rules, and regulations for the conservation of the countrys genetic resources and biological diversity, and endangered habitats; Formulate an integrated, multisectoral, and multidisciplinary National Conservation Strategy, which will be presented to the Cabinet for the Presidents approval; 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.

SEC. 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. b. c. d. e. f. Office of the Secretary Offices of Undersecretaries Offices of Assistant Secretaries Public Affairs Office Special Concerns Office Pollution Adjudication Board The staff sectoral bureaus on the other hand, shall be composed of: a. b. c. d. e. f. Forest Management Bureau Lands Management Bureau Mines and Geosciences Bureau Environmental Management Bureau Ecosystems Research and Development Bureau Protected Areas and Wildlife Bureau

The field offices shall consist of all the department regional offices, the provincial offices, and the community offices. SEC. 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 and regulations and

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d. e. f.

other issuances relative to the conservation, management, development, and proper use of the countrys natural resources; Establish policies and standards for the efficient and effective operations of the Department in accordance with the programs of the government; Promulgate rules, regulations, and other issuances necessary in carrying out the Departments mandate, objectives, policies, plans, programs, and projects; Exercise supervision over all functions and activities of the Department; Delegate authority for the performance of any administrative or substantive function to subordinate officials of the Department; Perform other functions as may be provided by law or assigned appropriately by the President.

SEC. 8. Office of the Secretary The Office of the Secretary shall consist of the Secretary and his immediate staff. SEC. 9. Undersecretary The Secretary shall be assisted 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 responsibility, 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; Exercise supervision over the offices, services, operating units, and officers and employees under his responsibility; Promulgate rules and regulations, consistent with Department policies, that will efficiently and effectively govern the activities of units under his responsibility; Coordinate the functions and activities of the units under his responsibility with those of other units under the responsibility of other Undersecretaries; 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; Perform other functions as may be provided by law or assigned appropriately by the Secretary.

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SEC. 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, 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. b. c. d. e. f. g. Policy and Planning Studies Foreign-Assisted and Special Projects Field Operations in Luzon Field Operations in Visayas Field Operations in Mindanao Legal Affairs Management Services

Public Affairs Office There is hereby created a Public Affairs SEC. 11. 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. Special Concerns Office There is hereby created a Special SEC. 12. Concerns Office under the Office of the Secretary, to be headed by a Director and assisted by an Assistant Director, which shall be responsible for handling priority areas/subjects identified by the Secretary which necessitates special and immediate attention. Forest Management Bureau There is hereby created a Forest SEC. 13. Management Bureau which shall integrate 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 which are transferred to the regional field office. The Forest Management Bureau, to be headed by a Director and assisted by an 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

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f.

continued supply of forest goods and services. Advise the regional offices in the implementation of the above policies and/or programs. Develop plans, programs, operating standards, and administrative measures to promote the Bureaus objectives and functions. Assist in the monitoring and evaluation of forestry and watershed development projects to ensure efficiency and effectiveness. 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. Perform other functions as may be assigned by the Secretary and/or provided by law.

Lands Management Bureau There is hereby created the Lands SEC. 14. 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 rational land 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 the purposes for which they have been established; Advise the regional offices on the efficient and effective implementation of policies, programs, and projects for more effective public lands management; Assist in the monitoring and evaluation of land surveys, management, and disposition of lands to ensure efficiency and effectiveness thereof; Issue standards, guidelines, regulations, and orders to enforce policies for the maximization of land use and development; Develop operating standards and procedures to enhance the Bureaus objectives and functions; Assist the Secretary as executive officer charged with carrying out the provisions of the Public Land Act (Commonwealth Act No. 141, as amended), who shall have direct executive control of the survey, classification, lease, sale, or any other form of concessions or disposition and management of the lands of the public domain; Perform other functions as may be assigned by the Secretary and/or provided by law.

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Hammock on the seashore of the Bantayan Island Sea Camp

Mines and Geosciences Bureau There is hereby created the SEC. 15. Mines and Geosciences Bureau which shall absorb the functions of the Bureau of Mines and Geosciences (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 Geosciences 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. b. Recommend policies, regulations, and programs pertaining to mineral resources development and geology; Recommend policies and 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. Advise the Secretary on the granting of mining rights and contracts over

c.

d. e. f. g.

h.

areas containing metallic and nonmetallic mineral resources; Advise the regional offices on the effective implementation of mineral development and conservation programs as well as geological surveys; Assist in the monitoring and evaluation of the Bureaus programs and projects to ensure efficiency and effectiveness thereof; Develop and promulgate standards and operating procedures on mineral resources development and geology; Supervise and control the development and packaging of nationally applicable technologies on geological survey, mineral resource assessment, mining and metallurgy; the provision of geological, metallurgical, chemical, and rock mechanics laboratory services; the conduct of marine geological and geophysical survey and natural exploration drilling programs; and Perform other functions as may be assigned by the Secretary and/or provided by law.

Environmental Management Bureau There is hereby created an SEC. 16. 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 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. b. Recommend possible legislations, policies, and programs for environmental management and pollution control; 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; Formulate environmental quality standards such as the quality standards for water, air, land, noise, and radiations; Recommend rules and regulations for environmental impact assessments and provide technical assistance for their implementation and monitoring; Formulate rules and regulations for the proper disposition of solid wastes, toxic and hazardous substances; Advise the Secretary on the legal aspects of environmental management and pollution control and assist in the conduct of public hearings in pollution cases; Provide secretariat assistance to the Pollution Adjudication Board, created under Section 19 hereof; 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;

c. d. e. f.

g. h.

i.

j. k.

Provide assistance to the regional offices in the formulation and dissemination of information on environmental and pollution matters to the general public; Assist the Secretary and the regional officers by providing technical assistance in the implementation of environmental and pollution laws; Provide scientific assistance to the regional offices in the conduct of environmental research programs.

Ecosystems Research and Development Bureau The Forest SEC. 17. Research Institute (FORI) 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, forests, as holistic and interdisciplinary fields of inquiry; Assist the Secretary in determining a system of priorities for the allocation of resources to various technological research programs of the department; Provide technical assistance in the implementation and monitoring of the aforementioned research programs; Generate technologies and provide scientific assistance in the research and development of technologies relevant to the sustainable uses of Philippine ecosystems and natural resources; Assist the Secretary in the evaluation of the effectiveness of the implementation of the integrated research program.

b. c. d.

e.

The Ecosystems Research and Development Bureau shall directly manage and administer the FORI Research Offices, laboratories, and forest experiment stations located at UP Los Banos 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. Protected Areas and Wildlife Bureau There is hereby created a SEC. 18. 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 the Calauit Game Preserve and Wildlife Sanctuary, Presidential Committee on the Conservation of Tamaraw, Ninoy Aquino Parks and Wildlife Center (formerly Parks and Wildlife Nature Center), shares in Kabuhayan Program and Agro Forestry State Projects of the KKK Processing Authority, all national parks, wildlife sanctuaries and game preserves previously managed and administered by the Ministry of Human Settlements including National Parks reservations 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 Systems such as national parks, wildlife sanctuaries and refuge, marine parks, and biospheric reserves; Formulate and recommend policies, guidelines, rules, and regulations for the preservation of biological diversity, genetic resources, and endangered Philippine flora and fauna; Prepare an up-to-date listing of endangered Philippine flora and fauna and recommend a program of conservation and propagation of the same; 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; Perform other functions as may be assigned by the Secretary and/or provided by law.

b.

c. d.

e.

Pollution Adjudication Board (PAB)22 There is hereby created a SEC. 19. Pollution Adjudication Board under the Office of the Secretary. The Board shall be composed of the Secretary as Chairman, two (2) Undersecretaries as may be designated by the Secretary, the Director of 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 NPCC with respect to the adjudication of pollution cases under Republic Act No. 3931 and Presidential Decree No. 984, particularly with respect to Section 6 (e, f, g, j, k, and p) of Presidential Decree No. 984.23 The Environmental Management Bureau shall serve as the Secretariat of the Board. These powers and functions may be delegated to the regional officers of the Department in accordance with rules and regulations to be promulgated by the Board. Field Offices of the Department The field offices of the SEC. 20. 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 the community office in municipalities wherever deemed necessary. The regional offices of the Bureau of Forest Development, Bureau of Mines and Geosciences, and Bureau of Lands in each of the 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
22

The PAB is the successor body in the DENR which exercises the quasi-judicial functions of the former National Pollution Control Commission (NPCC). 23 Pollution Control Law.

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 Geosciences, Environmental Management, and Ecosystems Research. The regional executive directors and regional technical directors shall be career executive service officers. Functions of Environment and Natural Resources Regional Office SEC. 21. The 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 resource utilization and environmental protection. Provide efficient and effective delivery of services to the people; 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; Recommend and, upon approval, implement programs and projects on forestry, minerals, and land management and disposition; Conduct comprehensive inventory of natural resources in the region and formulate regional short and long-term development plans for the conservation, utilization and replacement of natural resources; Evolve respective regional budget in conformity with the priorities established by the regional development councils; Supervise the processing of natural resources products, grade and inspect minerals, lumber and other wood-processed products, and monitor the movement of these products; Conduct field researches for appropriate technologies recommended for various projects; Perform other functions as may be assigned by the Secretary and/or provided by law.

b. c.

d. e.

f. g.

h i.

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. Attached Agencies and Corporations The following agencies and SEC. 22. corporations are attached to the Department:24
24

The LLDA was made as an attached agency of the DENR by virtue of E.O. No. 129 (1993).

a. National Mapping and Resource Information Authority (NAMRIA) There is hereby created the National Mapping and Resource Information Authority which shall integrate the functions and powers of the Natural Resources Management Center (NRMC), National Cartography Authority (NCA), Bureau of Coast and Geodetic Survey (BCGS), and 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, Map of the Balabac (Southern Palawan) Protected airborne multi-spectral scanning systems, and Eco-Region. Red-shaded patch represents part of side-looking airborne radar; provide remotethe 15% of their water area reserved as a fish sensing services and vital data on the sanctuary/strict protection zone.. 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 and analysis of data and its transformation into useful information for resource policy formulation, planning, and management. It shall be the central depository and distribution facility for natural resources data in the form of maps, statistics, text, charts, etc., stored 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 a 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 produce 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 programs 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 policy directions by a five-member Board of Governors consisting of key officers with no less than the rank of undersecretaries as follows: Department of Environment and Natural ResourcesChairman Department of AgricultureMember Department of Public Works and HighwaysMember Department of National DefenseMember Department of Transportation and CommunicationsMember 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 (NRDC)The existing Natural Resources Development Corporation, 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 sales 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 where the revenues of NRDC are earmarked for specific local development of social service. Financing natural resource development projects undertaken by the private sector such as establishing industrial tree plantations, agroforestry, small-scale mining, and retooling of the natural resourcebased processing industries to improve their efficiency and competitiveness to discharge these functions effectively, it is hereby authorized to generate funds through debt instruments from various sources, and innovative income generating strategies.

2.

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 (NEA)The National Electrification Administration 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

farming and aspects and components of energy policies, programs, and plans which cannot 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.25 SEC. 23. Detachment and Transfers The following offices and corporation attached to the Department of Environment, Energy and Natural Resources by Executive Order 131 are hereby detached and/or transferred as follows: a. b. c. Manila Seedling Bank Foundation, Inc., which is administratively detached from the Department; Bureau of Energy Utilization; and Bureau of Energy Development, which is transferred to the appropriate energy governing body pursuant to the executive order pertaining to it.

Transitory Provisions In accomplishing the acts of reorganization SEC. 24. herein prescribed, the following transitory provisions shall be complied with, unless otherwise provided elsewhere in this executive order: a. 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 may be 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 from 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. 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 other pertinent laws, rules, and regulations. Its personnel shall, in a 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

b.

25

The NEA has since been detached from the DENR and transferred to the Department of Energy by virtue of R.A. No. 7638 (1992).

c.

d.

e.

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. Any transfer of functions which does not result in the abolition of the government unit that has exercised them shall include the appropriations, funds, records, equipment, facilities, chosen in action, rights, 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 receive 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 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. 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 allocated 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 treated in accordance with the Government Auditing Code and other pertinent laws, rules and regulations, while the personnel thereof, whose position, are not included in the Departments 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. 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, other assets, liabilities, if any, and personnel, as may be necessary, of the units that compose the merged unit shall, in a 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 from 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

f.

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. In case of termination of a function which does not result in the abolition of the government unit which performed such function, 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 discharge 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 been 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 Departments 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.

New Structure and Pattern Upon approval of this executive order, SEC. 25. the officers and employees of the Department shall, in a 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 from 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 positions 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 shall such payment exceed the equivalent of twelve (12) months salary.

"Now there is one outstandingly important fact regarding Spaceship Earth, and that is that no instruction book came with it." -- Buckminster Fuller

SEC. 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. SEC. 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 or consent of 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. SEC. 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. SEC. 29. Funding Funds needed to carry out the provisions of this Executive Order shall be taken from funds available in the Department. Implementing Authority of the Secretary The Secretary shall issue SEC. 30. such orders, rules and regulations, and other issuances as may be necessary to ensure the effective implementation of the provisions of this Executive Order. SEC. 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. SEC. 32. Repealing Clause All laws, ordinances, rules and regulations, and other issuances, or parts thereof, which are inconsistent with this Executive Order, are hereby repealed or modified accordingly. SEC. 33. Effectivity This Executive Order shall take effect immediately. Approved in the City of Manila, Philippines, this 10th day of June, 1987.

Civil Code Provisions on Environment (Republic Act 386)

Relevance of the Civil Code While the Environmental Laws listed above are more than sufficient to address the range of environmental issues, these laws are seen as primarily the concern of government. In other words, they are generally public interest in character. However, a more general law exists, the law that governs the civil relations between members of human society especially where private rights and interest are affected. It is supplemental and complementary to the general environmental laws. Passed in 1949, the Civil Code continues to be in full force and effect. A selection of some of these Civil Code provisions are here cited insofar as they are relevant to private Environmental Enforcement, such as those referring to general human relations, nuisance, damages, easements, and easements. Human Relations Art. 19. Every person must, in the exercise of his rights and in the performance of his duties, act with justice, give everyone his due, and observe honesty and good faith. Art. 20. Every person who, contrary to law, willfully or negligently causes damage to another, shall indemnify the latter for the same. Art. 21. Any person who willfully causes loss or injury to another in a manner that is contrary to morals, good customs, or public policy shall compensate the latter for the damage. Art. 22. Every person who through an act or performance by another, or any other means, acquires or comes into possession of something at the expense of the

Front yard of the Bantayan Island Sea Camp. Outlying posts on the right are the innovative boundary markers to delineate the marine protected area. This innovation was introduced by the community and logistically assisted by a civic organization (Sacred Heart School Alumni: Spirit of 71).

latter without just or legal ground, shall return the same to him. Art. 23. Even when an act or event causing damage to anothers property was not due to the fault or negligence of the defendant, the latter shall be liable for indemnity if through the act or event he was benefited. Art. 24. In all contractual, property, or other relations, when one of the parties is at a disadvantage on account of his moral dependence, ignorance, indigence, mental weakness, tender age, or other handicap, the courts must be vigilant for his protection. Art. 25. Thoughtless extravagance in expenses for pleasure or display during a period of acute public want or emergency may be stopped by order of the courts at the instance of any government or private charitable institution. Art. 26. Every person shall respect the dignity, personality, privacy, and peace of mind of his neighbors and other persons. The following similar acts, though they may not constitute a criminal offense, shall produce a cause of action for damages, prevention, and other relief: 1. 2. 3. 4. Prying into the privacy of anothers residence; Meddling with or disturbing the private life or family relations of another; Intriguing to cause another to be alienated from his friends; Vexing or humiliating another on account of his religious beliefs, lowly station in life, place of birth, physical defect, or other personal condition.

Art. 27. Any person suffering material or moral loss because a public servant or employee refuses or neglects, without just cause, to perform his official duty may file an action for damages and other relief against the latter, without prejudice to any disciplinary administrative action that may be taken. Art. 28. Unfair competition in agricultural, commercial, or industrial enterprises or in labor through the use of force, intimidation, deceit, machination, or any other unjust, oppressive, or highhanded method shall give rise to a right of action by the person who thereby suffers damage. Art. 29. When the accused in a criminal prosecution is acquitted on the ground that his guilt has not been proved beyond reasonable doubt, a civil action for damages for the same act or omission may be instituted. Such action requires only a preponderance of evidence. Upon motion of the defendant, the court may require the plaintiff to file a bond to answer for damages in case the complaint should be found to be malicious. If in a criminal case, the judgement of acquittal is based upon reasonable doubt, the court shall so declare. In the absence of any declaration to that effect, it may be inferred from the text of the decision whether or not the acquittal is due

to that ground. Art. 30. When a separate civil action is brought to demand civil liability arising from a criminal offense, and no criminal proceedings are instituted during the pendency of the civil case, a preponderance of evidence shall likewise be sufficient to prove the act complained of. Art. 31. When the civil action is based on an obligation not arising from the act or omission complained of as a felony, such civil action may proceed independently of the criminal proceedings and regardless of the result of the latter. Art. 32. Any public officer or employee, or any private individual, who directly or indirectly obstructs, defeats, violates, or in any manner impedes or impairs any of the following rights and liberties of another person shall be liable to the latter for damages: 1. 2. Freedom of religion; and Freedom of speech;

Actionable Acts Contrary to Good Customs Although an act may not be punishable by law, it is nevertheless actionable for damages when it is contrary to morals, good customs, and public policy. Facts: Magbanua, together with five other persons, alleged that they were sharetenants of the Perezes. They claimed that the Perezes diverted the free flow of water from their farm lots, which caused portions of their landholdings to dry up, to their great damage and prejudice. Later, they were told by the Perezes overseer to vacate their respective areas for they could not plant palay (rice) any longer due to lack of water. They filed a case against the Perezes and prayed that they be declared as leasehold tenants and that the Perezes be ordered to pay moral and other kinds of damages and costs. Issue: Whether or not the share-tenants are entitled to moral damages?

Held: Yes. Under the facts of the case the share-tenants are entitled to a measure of moral damages. Article 2219 of the Civil Code permits the award of moral damages for acts mentioned in Article 21 of the same code and the latter stipulates that: Any person who wilfully causes loss or injury to another in a manner that is contrary to morals, good customs, or public policy shall compensate the latter for the damage. It appears that the share-tenants were denied irrigation water for their farm lots in order to make them vacate their landholdings. The Perezes violated the plaintiffs rights and caused prejudice to the latter by the unjustified diversion of the water.
Magbanua v. IAC G.R. Nos. L-6687072, June 29, 1985

Nuisance Definition of a Nuisance Art. 694. A nuisance is any act, omission, establishment, business, condition of property, or anything else which: 1. 2. 3. 4. 5. Injures or endangers the health or safety of others; or Annoys or offends the senses; or Shocks, defies, or disregards decency or morality; or Obstructs or interferes with the free passage of any public highway or street, or any body of water; or Hinders or impairs the use of property.

Public and Private Nuisance Art. 695. Nuisance is either public or private. A public nuisance affects a community or neighborhood or any considerable number of persons, although the extent of the annoyance, danger, or damage upon individuals may be unequal. A private nuisance is one that is not included in the foregoing definition. Art. 696. Every successive owner or possessor of property who fails or refuses to abate a nuisance in that property started by a former owner or possessor is liable therefore in the same manner as the one who created it. Art. 697. The abatement of a nuisance does not preclude the right of any person injured to recover damages for its past existence.

Art. 698. Lapse of time cannot legalize any nuisance, whether public or private.

Procedure Nuisance

for

Abatement

of

Art. 699. The remedies against a public nuisance are: 1. A prosecution under the Penal Code or any local ordinance; or 2. A civil action; or 3. Abatement, without judicial proceedings.

"There are two things which cannot be attacked in front: ignorance and narrow-mindedness. They can only be shaken by the simple development of the contrary qualities. They will not bear discussion." --Lord Acton

Art. 700. The district health officer shall take care that one or all of the remedies against a public nuisance are availed of. Art. 701. If a civil action is brought by reason of the maintenance of a public nuisance, such action shall be commenced by the city or municipal mayor. Art. 702. The district health officer shall determine whether or not abatement, without judicial proceedings, is the best remedy against a public nuisance. Art. 703. A private person may file an action on account of a public nuisance, if it is especially injurious to himself. Art. 704. Any private person may abate a public nuisance which is especially injurious to him by removing, or if necessary, by destroying the thing which constitutes the same, without committing breach of the peace, or doing unnecessary injury. But it is necessary: 1. 2. 3. 4. That demand be first made upon the owner or possessor of the property to abate the nuisance; That such demand has been rejected; That the abatement be approved by the district health officer and executed with the assistance of the local police; and That the value of the destruction does not exceed three thousand pesos.

Art. 705. The remedies against a private nuisance are: 1. 2. A civil action; or Abatement, without judicial proceedings.

Art. 706. Any person injured by a private nuisance may abate it by removing, or if necessary, by destroying the thing which constitutes the nuisance, without committing a breach of the peace or doing unnecessary injury. However, it is indispensable that the procedure for extra-judicial abatement of a public nuisance by a private person be followed. Art. 707. A private person or a public official extra-judicially abating a nuisance shall be liable for damages: 1. 2. If he causes unnecessary injury; or If an alleged nuisance is later declared by the courts to be not a real nuisance.

Excessive Dust is a Nuisance Facts: Ernesto Rodriguez Jr., together with his neighbors, filed an action for abatement of a public nuisance with damages against Daytona Construction and Development Corporation. When Daytona failed to answer, the court declared it in default and authorized the plaintiffs to present evidence ex parte. Ernesto Rodriguez Jr. testified that he has three parcels of residential lots adjacent to the Daytona compound. He said that his property has been overrun by effluent from the Daytona cement-batching plant. The sediment settled on the lots and all forms of vegetation had died as a result, and the land tremendously diminished in value. Zenaida Rodriguez testified that two-thirds of her lot had been damaged by the cement dust emanating from the Daytona cement-batching plant. The continuous flow of cement dust into her property affected her deep well, their source of drinking water, and most of their fruit-bearing and ornamental trees dried up. Even her previous pedigreed poodles had been afflicted by all sorts of illnesses, many of them dying in the process. Dr. Raul I. del Rosario, a neighboring physician, testified that he had treated several patients who traced their sickness to the pollution caused by the Daytona cement-batching plant. He said that cement dust produces cardiopulmonary complications, and the people living in the neighborhood of the batching plant are the most susceptible to these diseases. He reported many cases of bronchial asthma in both children and adults who lived in the vicinity of the cement-batching plant. The court rendered judgment against Daytona, declaring the operation of the cement-batching plant as a nuisance and ordering its permanent closure.

The court granted execution pending appeal because the continued operation of the cement-batching plant of Daytona posed a great menace to the neighborhood, both in point of health and property. On appeal, the IAC reversed and set aside the decision of the lower court. Issue: Should the cement-batching plant be closed on the ground that it is a public nuisance? Held: Yes. The cement dust coming from the batching plant of the (Daytona) corporation is injurious to the health of the plaintiffs and other residents in the area. The noise, the vibration, the smoke, and the odor generated by the day and night operation of the plant must indeed be causing them serious discomfort and untold miseries. Its operation therefore violates certain rights of the plaintiffs and causes them damage. It is thus a nuisance and its abatement justified.
Ernesto R. Rodriguez, Jr., et al. v. IAC G. R. No. 74816, March 17, 1987

________________________________________________________________ Note: This case appears to have been decided before the passage of the law creating the DENR and the PAB. Note also the statement in the case of TDI vs. CA, supra, p. 44 that a nuisance caused by the pollution of land, air and water is within the jurisdiction of the PAB. -----------------------------------------------------------------------------------------------------------

NOISE POLLUTION
Do not break the silence unless you can improve it. Modern man seems to equate noise with progress and economic development. Because of the din that one hears everyday from motor vehicles, machinery, loud music, and the like, human psychology becomes upset and imbalanced, reducing ones quality of life. The standards for noise pollution are as follows. The existence of noise pollution is determined by a sound meter. Filipinos are interesting characters they like to blare out their music and let the whole world listen to their music, all night. In some places, during their fiestas, the Fiesta Committee rents a sound system whose speakers are as tall as houses. At a very high cost, the sound system blares out heart thumping music, if you can call it that, and seem to equate noise with gaiety.

The noise quality standards are stated below. While one would need a noise meter to scientifically prove the noise pollution, it is believed that this is a nuisance in that it is offensive to the sense of sound. As such, it can, and must, be abated by the local government unit the Barangay and/or the Municipal Government under the general principles of nuisance. The key in this game is to hold the local officials liable for failure to implement the law. Under Sec. 389 (9) of the Local Government Code, Rep. Act 7160), the Punong Barangay (Village Chief) is duty-bound to enforce laws and regulations relating to pollution control and protection of the environment. The law on nuisance being a fundament part of Environmental Law, the Barangay Chairmans failure to enforce it is an act of gross negligence.

Damages Art. 2195. The provisions of this Title shall be respectively applicable to all obligations mentioned in Article 1157. The rules Art. 2196. under this Title are without prejudice to special provisions on damages formulated elsewhere in this Code. Compensation for workmen and other employees in case of death, injury, or illness is "For whatever we lose (like a you or a me), It's always our self we find in the sea." -regulated by special laws. E.E. Cummings Rules governing damages laid down in other laws shall be observed insofar as they are not in conflict with this Code. Kinds of Damages Art. 2197. Damages may be: 1. 2. 3. 4. 5. 6. Actual or compensatory; Moral; Nominal; Temperate or moderate; Liquidated; or Exemplary or corrective.

Art. 2198. The principles of the general law on damages are hereby adopted insofar as they are not inconsistent with this Code. Actual or Compensatory Damages Art. 2199. Except as provided by law or by stipulation, one is entitled to an adequate compensation only for such pecuniary loss suffered by him as he has duly proved. Such compensation is referred to as actual or compensatory damages. Art. 2200. Indemnification for damages shall comprehend not only the value of the loss suffered, but also that of the profits which the obligee failed to obtain. Art. 2201. In contracts and quasi-contracts, the damages for which the obligor who acted in good faith is liable shall be those that are the natural and probable consequences of the breach of the obligation, and which the parties have foreseen or could have reasonably foreseen at the time the obligation was constituted. In case of fraud, bad faith, malice, or wanton attitude, the obligor shall be responsible for all damages which may be reasonably attributed to the nonperformance of the obligation. Art. 2202. In crimes and quasi-delicts, the defendant shall be liable for all damages which are the natural and probable consequences of the act or omission complained of. It is not necessary that such damages have been foreseen or could have reasonably been foreseen by the defendant. Art. 2203. The party suffering loss or injury must exercise the diligence of a good father of a family to minimize the damages resulting from the act or omission in question. Art. 2204. In crimes, the damages to be adjudicated may be respectively increased or lessened according to the aggravating or mitigating circumstances. Art. 2205. 1. 2. Damages may be recovered:

For loss or impairment of earning capacity in cases of temporary or permanent personal injury; For injury to the plaintiffs business standing or commercial credit.

Art. 2206. The amount of damages for death caused by a crime or quasi-delict shall be at least three thousand pesos, even though there may have been mitigating circumstances. In addition: 1. The defendant shall be liable for the loss of the earning capacity of the

2.

3.

deceased, and the indemnity shall be paid to the heirs of the latter; such indemnity shall in every case be assessed and awarded by the court, unless the deceased on account of permanent physical disability not caused by the defendant, had no earning capacity at the time of his death; If the deceased was obliged to give support according to the provisions of Article 291, the recipient who is not an heir called to the decedents inheritance by the law of testate or intestate succession, may demand support from the person causing the death, for a period not exceeding five years, the exact duration to be fixed by the court; The spouse, legitimate and illegitimate descendants and ascendants of the deceased may demand moral damages for mental anguish by reason of the death of the deceased.

Art. 2207. If the plaintiffs property has been insured, and he has received indemnity from the insurance company for the injury or loss arising out of the wrong or breach of contract complained of, the insurance company shall be subrogated to the rights of the insured against the wrongdoer or the person who has violated the contract. If the amount paid by the insurance company does not fully cover the injury or loss, the aggrieved party shall be entitled to recover the deficiency from the person causing the loss or injury. Art. 2208. In the absence of stipulation, attorneys fees and expenses of litigation, other than judicial costs, cannot be recovered, except: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. When exemplary damages are awarded; When the defendants act or omission has compelled the plaintiff to litigate with third persons or to incur expenses to protect his interest; In criminal cases of malicious prosecution against the plaintiff; In case of a clearly unfounded civil action or proceeding against the plaintiff; Where the defendant acted in gross and evident bad faith in refusing to satisfy the plaintiffs plainly valid, just, and demandable claim; In actions for legal support; In actions for the recovery of wages of household helpers, laborers, and skilled workers; In actions for indemnity under workmens compensation and employers liability laws; In a separate civil action to recover civil liability arising from a crime; When at least double judicial costs are awarded; In any other case where the court deems it just and equitable that attorneys fees and expenses of litigation should be recovered. In all cases, the attorneys fees and expenses of litigation must be reasonable.

Art. 2209. If the obligation consists in the payment of a sum of money, and the debtor incurs in delay, the indemnity for damages, there being no stipulation to the contrary, shall be the payment of the interest agreed upon, and in the absence of stipulation, the legal interest, which is six percent per annum. Art. 2210. Interest may, in the discretion of the court, be allowed upon damages awarded for breach of contract. Art. 2211. In crimes and quasi-delicts, interest as a part of the damages may, in a proper case, be adjudicated in the discretion of the court. Art. 2212. Interest due shall earn legal interest from the time it is judicially demanded, although the obligation may be silent upon this point. Art. 2213. Interest cannot be recovered upon unliquidated claims or damages, except when the demand can be established with reasonable certainty. Art. 2214. In quasi-delicts, the contributory negligence of the plaintiff shall reduce the damages that he may recover. Art. 2215. In contracts, quasi-contracts, and quasi-delicts, the court may equitably mitigate the damages under circumstances other than the case referred to in the preceding article, as in the following instances: 1. 2. 3. 4. 5. That the plaintiff himself has contravened the terms of the contract; That the plaintiff has derived some benefit as a result of the contract; In cases where exemplary damages are to be awarded, that the defendant acted upon the advice of counsel; That the loss would have resulted in any event; That since the filing of the action, the defendant has done his best to lessen the plaintiffs loss or injury.

Other Kinds of Damages Art. 2216. No proof of pecuniary loss is necessary in order that moral, nominal, temperate, liquidated, or exemplary damages may be adjudicated. The assessment of such damages, except liquidated ones, is left to the discretion of the court, according to the circumstances of each case.

"All sensible people are selfish, and nature is tugging at every contract to make the terms of it fair." --Ralph Waldo Emerson

SECTION 1. Moral Damages Art. 2217. Moral damages include physical suffering, mental anguish, fright, serious anxiety, besmirched reputation, wounded feelings, moral shock, social humiliation, and similar injury. Though incapable of pecuniary computation, moral damages may be recovered if they are the proximate result of the defendants wrongful act for omission. Art. 2218. In the adjudication of moral damages, the sentimental value of property, real or personal, may be considered. Art. 2219. cases: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Moral damages may be recovered in the following and analogous

A criminal offense resulting in physical injuries; Quasi-delicts causing physical injuries; Seduction, abduction, rape, or other lascivious acts; Adultery or concubinage; Illegal or arbitrary detention or arrest; Illegal search; Libel, slander, or any other form of defamation; Malicious prosecution; Acts mentioned in Article 309; Acts and actions referred to in Articles 21, 26, 27, 28, 29, 30, 32, 34, and 35.

The parents of the female seduced, abducted, raped, or abused, referred to in No. 3 of this article, may also recover moral damages. The spouse, descendants, ascendants, and brothers and sisters may bring the action mentioned in No. 9 of this article, in the order named. Art. 2220. Wilful injury to property may be a legal ground for awarding moral damages if the court should find that, under the circumstances, such damages are justly due. The same rule applies to breaches of contract where the defendant acted fraudulently or in bad faith. SEC. 2. Nominal Damages

Art. 2221. Nominal damages are adjudicated in order that a right of the plaintiff, which has been violated or invaded by the defendant, may be vindicated or recognized, and not for the purpose of indemnifying the plaintiff for any loss suffered by him.

Art. 2222. The court may award nominal damages in every obligation arising from any source enumerated in Article 1157, or in every case where any property right has been invaded. Art. 2223. The adjudication of nominal damages shall preclude further contest upon the right involved and all accessory questions, as between the parties to the suit, or their respective heirs and assigns. SEC. 3. Temperate or Moderate Damages

Art. 2224. Temperate or moderate damages, which are more than nominal but less than compensatory damages, may be recovered when the court finds that some pecuniary loss has been suffered but its amount cannot, from the nature of the case, be provided with certainty. Art. 2225. Temperate damages must be reasonable under the circumstances.

SEC. 4. Liquidated Damages Art. 2226. Liquidated damages are those agreed upon by the parties to a contract, to be paid in case of breach thereof. Art. 2227. Liquidated damages, whether intended as an indemnity or a penalty, shall be equitably reduced if they are iniquitous or unconscionable. Art. 2228. When the breach of the contract committed by the defendant is not the one contemplated by the parties in agreeing upon the liquidated damages, the law shall determine the measure of damages, and not the stipulation. SEC. 5. Exemplary or Corrective Damages Art. 2229. Exemplary or corrective damages are imposed, by way of example or correction, for the public good, in addition to the moral, temperate, liquidated, or compensatory damages. Art. 2230. In criminal offenses, exemplary damages as a part of the civil liability may be imposed when the crime was committed with one or more aggravating circumstances. Such damages are separate and distinct from fines and shall be paid to the offended party. Art. 2231. In quasi-delicts, exemplary damages may be granted if the defendant acted with gross negligence.

Crocodile Swamp at Sunset. Bugsuk Island, Balabac, Palawan.

Art. 2232. In contracts and quasi-contracts, the court may award exemplary damages if the defendant acted in a wanton, fraudulent, reckless, oppressive, or malevolent manner. Art. 2233. Exemplary damages cannot be recovered as a matter of right; the court will decide whether or not they should be adjudicated. Art. 2234. While the amount of the exemplary damages need not be proved, the plaintiff must show that he is entitled to moral, temperate, or compensatory damages before the court may consider the question of whether or not exemplary damages should be awarded. In case liquidated damages have been agreed upon, although no proof of loss is necessary in order that such liquidated damages may be recovered, nevertheless, before the court may consider the question of granting exemplary in addition to the liquidated damages, the plaintiff must show that he would be entitled to moral, temperate, or compensatory damages were it not for the stipulation for liquidated damages. Art. 2235. A stipulation whereby exemplary damages are renounced in advance shall be null and void.

Moral Damages is Awarded on a Case-to-Case Basis There is no hard and fast rule in the determination of what would be a fair amount of moral damages, since each case must be governed by its own peculiar circumstances. Be that as it may and in amplification of this generalization, we set the criterion that in the case of moral damages, the yardstick should be that the amount awarded should not be palpably and scandalously excessive so as to indicate that it was the result of passion, prejudice, or corruption on the part of the trial court.
Filinvest Credit Corporation v. IAC 166 SCRA 15, G.R. No. 65935, September 30, 1988

Only a Wrongful Act May be Awarded Moral Damages In the absence of a wrongful act or omission or of fraud or bad faith, moral damages cannot be awarded. The adverse result of an action does not per se make the action wrongful and subject the actor to the payment of damages, for the law could not have meant to impose a penalty on the right to litigate. Moral damages are emphatically not intended to enrich a complainant at the expense of a defendant; they are awarded only to enable the injured party to obtain means, diversion, or amusements that will serve to alleviate the moral suffering he has undergone, by reason of the defendants culpable action.
R & B Surety & Insurance Co., Inc. v. IAC and Uson 129 SCRA 736, G.R. No. 64515, June 22, 1984

Special Damages The damages recoverable upon breach of contract are, primarily, the ordinary, natural, and, in a sense, necessary damage resulting from the breach. Other damages, known as special damages, are recoverable where it appears that the particular conditions which made such damages a probable consequence of the breach were known to the delinquent party at the time the contract was made. This proposition must be understood with the qualification that, if the damages are in the legal sense remote or speculative, knowledge of the special conditions which render such damages possible will not make them recoverable. Special damages of this character cannot be recovered unless made the subject of special stipulation. Whatever may be the character of the liability, if any, which a stranger to a

contract may incur by advising or assisting one of the parties to evade performance, he cannot become more extensively liable in damages for the nonperformance of the contract than the party in whose behalf he inter meddles.
Daywalt v. La Corporacion de los Padres Agustinos Recoletos G.R. No. 13505, February 4, 1919

Quasi-Delict: Quasi - like, similar to Delict crime A quasi-delict is like a crime in the sense that there is wrongful conduct on the part of the person who committed the act which resulted in damage or injury. The conduct may be in the form of an act of commission, an active deed, or an act of negligent omission.

Quasi-Delict Art. 2176. Whoever by act or omission causes damage to another, there being fault or negligence, is obliged to pay for the damage done. Such fault or negligence, if there is no pre-existing contractual relation between the parties, is called a quasi-delict and is governed by the provisions of this chapter. Art. 2177. Responsibility for fault or negligence under the preceding article is entirely separate and distinct from the civil liability arising from negligence under the Penal Code. But the plaintiff cannot recover damages twice for the same act or omission of the defendant. Art. 2178. The provisions of Articles 1172 to 1174 are also applicable to a quasi-delict. Art. 2179. When the plaintiffs own negligence was the immediate and proximate cause of his injury, he cannot recover damages. But if his negligence was only contributory, the immediate and proximate cause of the injury being the defendants lack of due care, the plaintiff may recover damages, but the courts shall mitigate the damages to be awarded Art. 2180. The obligation imposed by Article 2176 is demandable not only for ones own acts or omissions, but also for those of persons for whom one is responsible. The father and, in case of his death or incapacity, the mother, are responsible for the damages caused by the minor children who live in their

company. Guardians are liable for damages caused by the minors or incapacitated persons who are under their authority and live in their company. The owners and managers of an establishment or enterprise are likewise responsible for damages caused by their employees in the service of the branches in which the latter are employed or on the occasion of their functions. Employers shall be liable for the damages caused by their employees and household helpers acting within the scope of their assigned tasks, even though the former are not engaged in any business or industry. The State is responsible in like manner when it acts through a special agent; but not when the damage has been caused by the official to whom the task done properly pertains, in which case what is provided in Article 2176 shall be applicable. Lastly, teachers or heads of establishments of arts and trades shall be liable for damages caused by their pupils and students or apprentices, so long as they remain in their custody.

Dear water, dear water, playful in your streams..

The responsibility treated of in this article shall cease when the persons herein mentioned prove that they observed all the diligence of a good father of a family to prevent damage. Art. 2181. Whoever pays for the damage caused by his dependents or employees may recover from the latter what he has paid or delivered in satisfaction of the claim. Art. 2182. If the minor or insane person causing damage has no parents or guardian, the minor or insane person shall be answerable with his own property in an action against him where a guardian ad litem shall be appointed. Art. 2183. The possessor of an animal or whoever may make use of the same

is responsible for the damage which it may cause, although it may escape or be lost. This responsibility shall cease only in case the damage should come from force majeure or from the fault of the person who has suffered damage. Art. 2184. In motor vehicle mishaps, the owner is solidarily liable with his driver, if the former, who was in the vehicle, could have, by the use of the due diligence, prevented the misfortune. It is disputably presumed that a driver was negligent, if he had been found guilty of reckless driving or violating traffic regulations at least twice within the next preceding two months. If the owner was not in the motor vehicle, the provisions of Article 2180 are applicable. Art. 2185. Unless there is proof to the contrary, it is presumed that a person driving a motor vehicle has been negligent if at the time of the mishap, he was violating any traffic regulation. Art. 2186. Every owner of a motor vehicle shall file with the proper government office a bond executed by a government-controlled corporation or office, to answer for damages to third persons. The amount of the bond and other terms shall be fixed by the competent public official. Art. 2187. Manufacturers and processors of foodstuffs, drinks, toilet articles, and similar goods shall be liable for death or injuries caused by any noxious or harmful substances used, although no contractual relation exists between them and the consumers. Art. 2188. There is prima facie presumption of negligence on the part of the defendant if the death or injury results from his possession of dangerous weapons or substances, such as firearms and poison, except when the possession or use thereof is indispensable in his occupation or business. Art. 2189. Provinces, cities, and municipalities shall be liable for damages for the death of, or injuries suffered by, any person by reason of the defective condition of roads, streets, bridges, public buildings, and other public works under their control or supervision. Art. 2190. The proprietor of a building or structure is responsible for the damages resulting from its total or partial collapse, if it should be due to the lack of necessary repairs.

Art. 2191. 1.

Proprietors shall also be responsible for damages caused:

2. 3. 4.

By the explosion of machinery which has not been taken care of with due diligence, and the inflammation of explosive substances which have not been kept in a safe and adequate place; By excessive smoke, which may be harmful to persons or property; By the falling of trees situated at or near highways or lanes, if not caused by force majeure; By emanations from tubes, canals, sewers, or deposits of infectious matter, constructed without precautions suitable to the place.

Art. 2192. If damage referred to in the two preceding articles should be the result of any defect in the construction mentioned in Article 1723, the third person suffering damages may proceed only against the engineer or architect or contractor in accordance with said article, within the period therein fixed. Art. 2193. The head of a family that lives in a building or a part thereof, is responsible for damages caused by things thrown or falling from the same. Art. 2194. The responsibility of two or more persons who are liable for quasidelict is solidary.

(Mt. Isarog) "When I go into the garden with a spade, and dig a bed, I feel such an exhilaration and health that I discover that I have been defrauding myself all this time in letting others do for me what I should have done with my own hands." --Ralph Waldo Emerson

The Evidence Speaks for Itself The doctrine res ipsa loquitur (the thing speaks for itself) creates presumption of negligence. The thing which caused the injury must first be shown to be under the management of the person or his servants. If in the ordinary course of things, the accident would not happen when those who have its management use proper care, it affords reasonable evidence, in the absence of explanation by such person or his servants, that the accident arose from want of care.
Africa v. Caltex G.R. No.12986, March 31, 1966

Legal Easements Easements imposed by law have for their object either public use or Art. 634. the interest of private persons. All matters concerning easements established for public or Art. 635. communal use shall be governed by the special laws and regulations relating thereto, and, in the absence thereof, by the provisions of this Title. Easements established by law in the interest of private persons or Art. 636. for private use shall be governed by the provisions of this Title, without prejudice to the provisions of general or local laws and ordinances for the general welfare. These easements may be modified by agreement of the interested parties, whenever the law does not prohibit it or no injury is suffered by a third person. Flowing Waters Lower estates are obliged to receive the waters which naturally and Art. 637. without the intervention of man descend from the higher estates, as well as the stones or earth which they carry with them. The owner of the lower estate cannot construct works which will impede this easement; neither can the owner of the higher estate make works which will increase the burden. The banks of rivers and streams, even in case they are of private Art. 638. ownership, are subject throughout their entire length and within a zone of three meters along their margins, to the easement of public use in the general interest of navigation, floatage, fishing and salvage.

Estates adjoining the banks of navigable or floatable rivers are, furthermore, subject to the easement of towpath for the exclusive service of river navigation and floatage. If it be necessary for such purpose to occupy lands of private ownership, the proper indemnity shall first be paid. ________________________________________________________________ Note: The distances of the easement margins provided under the Civil Code are deemed modified by Sec. 51 of the Water Code (P.D. 1067). It is now 3 meters for urban, 20 meters for agricultural, and 40 meters for forest lands. ----------------------------------------------------------------------------------------------------------Whenever for the diversion or taking of water from a river or brook, Art. 639. or for the use of any other continuous or discontinuous stream, it should be necessary to build a dam, and the person who is to construct it is not the owner of the banks, or lands which must support it, he may establish the easement of abutment of a dam, after payment of the proper indemnity. Compulsory easements for drawing water or for watering animals Art. 640. can be imposed only for reasons of public use in favor of a town or village, after payment of the proper indemnity. Easements for drawing water and for watering animals carry with Art. 641. them the obligation of the owners of the servient estates to allow passage to persons and animals to the place where such easements are to be used, and the indemnity shall include this service. Any person who may wish to use upon his own estate any water of Art. 642. which he can dispose shall have the right to make it flow through the intervening estates, with the obligation to indemnify their owners, as well as the owners of the lower estates upon which the waters may filter or descend. One desiring to make use of the right granted in the preceding Art. 643. article is obliged: 1. 2. 3. To prove that he can dispose of the water and that it is sufficient for the use for which it is intended; To show that the proposed right of way is the most convenient and the least onerous to third persons; To indemnify the owner of the servient estate in the manner determined by the laws and regulations.

The easement of aqueduct for private interest cannot be imposed on Art. 644. buildings, courtyards, annexes, or outhouses, or on orchards or gardens already existing.

The easement of aqueduct does not prevent the owner of the Art. 645. servient estate from closing or fencing it or from building over the aqueduct in such manner as not to cause the latter any damage, or render necessary repairs and cleanings impossible. For legal Art. 646. purposes, the easement of aqueduct shall be considered as continuous and apparent, even though the flow of the water may not be continuous, or its use depends upon the needs of the dominant estate, or upon a schedule of alternate days or hours. One who for Art. 647. the purposes of irrigating or improving his estate, has to construct a stop lock or (Pagsanjan Rapids.) "What would the world be, once bereft of wet and wildness? Let sluice gate in the bed of the them be left, O let them be left, wildness and wet; Long live the weeds and the stream from which the water wilderness yet." --Gerard Manley Hopkins is to be taken, may demand that the owners of the banks permit its construction, after payment of damages, including those caused by the new easement to such owners and to the other irrigators. The establishment, extent, form, and conditions of the servitudes of Art. 648. waters, to which this Section refers, shall be governed by the special laws relating thereto insofar as no provision therefore is made in this Code. Right of Way The owner, or any person who by virtue of a real right may cultivate Art. 649. or use any immovable, which is surrounded by other immovables pertaining to other persons and without adequate outlet to a public highway, is entitled to demand a right of way through the neighboring estates, after payment of the proper indemnity. Should this easement be established in such a manner that its use may be continuous for all the needs of the dominant estate, establishing a permanent passage, the indemnity shall consist of the value of the land occupied and the amount of the damage caused to the servient estate.

In case the right of way is limited to the necessary passage or the cultivation of the estate surrounded by others and for the gathering of its crops through the servient estate without a permanent way, the indemnity shall consist in the payment of the damage caused by such encumbrance. This easement is not compulsory if the isolation of the immovable is due to the proprietors own acts. The easement of right of way shall be established at the point least Art. 650. prejudicial to the servient estate, and, insofar as consistent with this rule, where the distance from the dominant estate to a public highway may be the shortest. The width of the easement of right of way shall be that which is Art. 651. sufficient for the needs of the dominant estate, and may accordingly be changed from time to time. Whenever a piece of land acquired by sale, exchange, or partition is Art. 652. surrounded by other estates of the vendor, exchanger, or co-owner, he shall be obliged to grant a right of way without indemnity. In case of a simple donation, the donor shall be indemnified by the donee for the establishment of the right of way. Light and View No part-owner may, without the consent of the others, open through Art. 667. the party wall any window or aperture of any kind. The period of prescription for the acquisition of an easement of light Art. 668. and view shall be counted: 1. 2. From the time of the opening of the window, if it is through a party wall; or From the time of the formal prohibition upon the proprietor of the adjoining land or tenement, if the window is through a wall on the dominant estate.

When the distances in Article 670 are not observed, the owner of a Art. 669. wall which is not a party wall, adjoining a tenement or piece of land belonging to another, can make in it openings to admit light at the height of the ceiling joists or immediately under the ceiling, and of the size of thirty centimeters square, and, in every case, with an iron grating imbedded in the wall and with a wire screen. Nevertheless, the owner of the tenement or property adjoining the wall in which the openings are made can close them should he acquire part-ownership thereof, if there be no stipulation to the contrary.

He can also obstruct them by constructing a building on his land or by raising a wall thereon contiguous to that having such openings, unless an easement of light has been acquired. No windows, apertures, balconies, or other similar projections which Art. 670. afford a direct view upon or towards an adjoining land or tenement can be made, without leaving a distance of two meters between the wall in which they are made and such contiguous property. Neither can side or oblique, views upon or towards such conterminous property be had, unless there be a distance of sixty centimeters. The non observance of these distances does not give rise to prescription. The distances referred to in the preceding article shall be measured Art. 671. in cases of direct views from the outer line of the wall when the openings do not project, from the outer line of the latter when they do, and in cases of oblique views from the dividing line between the two properties. The provisions of Article 670 are not applicable to buildings Art. 672. separated by a public way or alley, which is not less than three meters wide, subject to special regulations and local ordinances. Whenever by any title a right has been acquired to have direct Art. 673. views, balconies, or belvederes overlooking an adjoining property, the owner of the servient estate cannot build thereon at less than a distance of three meters to be measured in the manner provided in Article 671. Any stipulation permitting distances less than those prescribed in Article 670 is void.

Drainage and Falling Waters The owner of a building shall be obliged to construct its roof or Art. 674. covering in such manner that the rain water shall fall on his own land or on a street or public place, and not on the land of his neighbor, even though the adjacent land may belong to two or more persons, one of whom is the owner of the roof. Even if it should fall on his own land, the owner shall be obliged to collect the water in such a way as not to cause damage to the adjacent land or tenement. The owner of a tenement or a piece of land, subject to the easement Art. 675. of receiving water falling from roofs, may build in such manner as to receive the water upon his own roof or give it another outlet in accordance with local ordinances or customs, and in such a way as not to cause any nuisance or damage whatever to the dominant estate.

Whenever the yard or court of a house is surrounded by other Art. 676. houses, and it is not possible to give an outlet through the house itself to the rain water collected thereon, the establishment of an easement of drainage can be demanded, giving an outlet to the water at the point of the contiguous lands or tenements where its egress may be easiest, and establishing a conduit for the drainage in such manner as to cause the least damage to the servient estate, after payment of the proper indemnity.

Plantings and Constructions

"I am comforted by life's stability, by earth's unchangeableness. What has seemed new and frightening assumes its place in the unfolding of knowledge. It is good to know our universe. What is new is only new to us." -- Pearl S. Buck

No construction can be built or plantings made near fortified places Art. 677. or fortresses without compliance with the conditions required in special laws, ordinances, and regulations relating thereto.

No persons shall build any aqueduct, well, sewer, furnace, forge, Art. 678. chimney, stable, depository of corrosive substance, machinery, or factory which by reason of its nature or products is dangerous or noxious, without observing the distances prescribed by the regulations and customs of the place, and without making the necessary protective works subject in regard to the manner thereof to the conditions prescribed by such regulations. These prohibitions cannot be altered or renounced by stipulation on the part of the adjoining proprietors. In the absence of regulations, such precaution shall be taken as may be considered necessary, in order to avoid any damage to the neighboring lands or tenements. No trees shall be planted near a tenement or piece of land belonging Art. 679. to another except at the distance authorized by the ordinances or customs of the place, and in the absence thereof, at a distance of at least two meters from the dividing line of the estates if tall trees are planted and at a distance of at least fifty centimeters if shrubs or small trees are planted. Every landowner shall have the right to demand that trees hereafter planted at a shorter distance from his land or tenement be uprooted. The provisions of this Article also apply to trees which have grown spontaneously. If the branches of any trees should extend over a neighboring Art. 680. estate, tenement, garden, or yard, the owner of the latter shall have the right to demand that they be cut off insofar as they may spread over his property, and, if it be the roots of a neighboring tree which should penetrate into the land of another, the latter may cut them off himself within his property. Art. 681. said land. Fruits naturally falling upon adjacent land belong to the owner of

(Isla Encantada, somewhere in the Visayan Sea.) "I am comforted by life's stability, by earth's unchangeableness. What has seemed new and frightening assumes its place in the unfolding of knowledge. It is good to know our universe. What is new is only new to us." -- Pearl S. Buck

On Beaches and Tree Planting 1. Nuisance The beach is illegally appropriated and occupied by informal settlers who use the seashore as their toilet. Despite the clear mandate of the Water Code on easements, and the mandate of the Local Government Code, the local government unit concerned is hesitant to remove these squatters because of the political implications of this action. (Squatters mean votes come election time.) A private citizen can use the provisions on public nuisance to gain the necessary legal personality to initiate a public interest case to enforce the law on easements. 2. Land Pollution Other than the clean-up provision of the Environment Code (Presidential Decree No. 1152) which relates to water pollution, there is no specific provision requiring the clean-up of land contaminated by pollution (usually by hazardous wastes).

For this purpose, the law on the abatement of a nuisance by the successive owner or possessor of a property may be creatively used to require whoever is in possession of said land to undertake the clean-up. The person sued (the last-touch possessor) can then file a third-party complaint against all previous owners and possessors. (N. B. This subject matter on the clean-up of contaminated land is ripe for legislation.) 3. Tree Planting with Easement of Two Meters Oftentimes in the enthusiasm for tree planting especially in urban areas, one tends to disregard the easement required by law. If planted too close to the boundary of the adjoining property, the roots may penetrate the soil of said property and may cause structural damage to any structure standing thereon. On roadsides, sidewalks, parking lots and other concretely-paved over ground, planted trees themselves must have an easement of soil of at least one meter on each side. While no law provides for this, common sense dictates that it must have enough land and soil to absorb rain and moisture and for its roots to grow.