You are on page 1of 30

Legislations for Environmental Law: 1. CONSTITUTIONAL BASIS FOR ENVIRONMENTAL LAW 2. PD 1151 (PHILIPPINE ENVIRONMENTAL POLICY) 3.

PD 1152 (PHILIPPINE ENVIROMENTAL CODE) 4. PD 984 (POLLUTION CONTROL LAW) 5. PD 1586 (ESTABLISHING AN ENVIRONMENTAL IMPACTSTATEMENT SYSTEM, INCLUDING OTHER ENVIRONMENTAL MANAGEMENT RELATED MEASURES AND FOR OTHER PURPOSES.) 6. PD 2146 7. CLEAN AIR ACT 8. CLEAN WATER ACT 9. PD 979 Cases: 1. Republic of the Philippines vs. The City of Davao Republic vs. Alvarez, in his capacity as Sec. of DENR 2. PAB vs Solar Textile 195 SCRA 112 3. Mead vs Argel 115 SCRA 256 4. Technology Developers Inc. vs CA (January 21, 1991)

Transcribed No recordings (Please refer to the full texts of the laws.) *** Discussion

The Constitutional basis of Environmental Law Article II of the 1987 Constitution Sec. 15-The State shall protect and promote the right to health of the people and instill health consciousness among them. Sec. 16- The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature. ***balanced ecology-Others would say sustainable development. Q: What is sustainable development? A: You only use what you need today and save the rest for the future. *** in accord-This means in agreement ***with the rhythm and harmony -According to Sir, rhythm and harmony are redundant words. ***with rhythm and harmony of nature-This means all should be natural walang artificial. Environmentalists would always say that our present generation is the guardian of the resources for the generations yet to come. So we have to guard, reserve and conserve our natural resources so that the generations yet to come will have something towards their own. Sec. 23- The State shall encourage nongovernmental, community-based, or sectoral organizations that promote the welfare of the nation. Article X Sec. 20-Within its territorial jurisdiction and subject to the provisions of this Constitution and national laws, the organic act of autonomous regions shall provide for legislative powers over: XXXXXXXXX 3. Ancestral domain and natural resources. XXXXXXXXX Article XII Sec. 2- All lands of the public domain, waters, minerals, coal, petroleum, and other mineral oils, all forces of potential energy, fisheries, forests or timber, wildlife, flora and fauna, and other natural resources are owned by the State. With the exception of agricultural lands, all other natural resources shall not be alienated. The exploration, development, and utilization of natural resources shall be under the full control and supervision of the State. The State may directly undertake such

activities, or it may enter into co-production, joint venture, or production sharing agreements with Filipino citizens, or corporations or associations at least sixty per centum of whose capital is owned by such citizens. Such agreements may be for a period not exceeding twenty-five years, renewable for not more than twenty-five years, and under such terms and conditions as may be provided by law. In cases of water rights for irrigation, water supply fisheries, or industrial uses other than the development of waterpower, beneficial use may be the measure and limit of the grant. The State shall protect the nation's marine wealth in its archipelagic waters, territorial sea, and exclusive economic zone, and reserve its use and enjoyment exclusively to Filipino citizens. The Congress may, by law, allow 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 corporations involving either technical or financial assistance for large-scale exploration, development, and utilization of minerals, petroleum, and other mineral oils according to the general terms and conditions provided by law, based on real contributions to the economic growth and general welfare of the country. In such agreements, the State shall promote the development and use of local scientific and technical resources. ***This means that all natural resources are owned by the State (Doctrine of Jura Regalia) Sec. 3- Lands of the public domain are classified into agricultural, forest or timber, mineral lands and national parks. Agricultural lands of the public domain may be further classified by law according to the uses to which they may be devoted. Alienable lands of the public domain shall be limited to agricultural lands. Private corporations or associations may not hold such alienable lands of the public domain except by lease, for a period not exceeding twenty-five years, renewable for not more than twenty-five years, and not to exceed one thousand hectares in area. Citizens of the Philippines may lease not more than five hundred hectares, or acquire not more than twelve hectares thereof, by purchase, homestead, or grant. Taking into account the requirements of conservation, ecology, and development, and subject to the requirements of agrarian reform, the Congress shall determine, by law, the size of lands of the public domain which may be acquired, developed, held, or leased and the conditions therefor. Sec. 4-The Congress shall, as soon as possible, determine, by law, the specific limits of forest lands and national parks, marking clearly their boundaries on the ground. Thereafter, such forest lands and national parks shall be conserved and may not be

increased nor diminished, except by law. The Congress shall provide for such period as it may determine, measures to prohibit logging in endangered forests and watershed areas. ***The Congress has the power to determine the specific limits of an inalienable land in an alienable land vice versa. The Congress can extend it but this is only possible if theres a law enacted by the Congress. Sec. 5-The State, subject to the provisions of this Constitution and national development policies and programs, shall protect the rights of indigenous cultural communities to their ancestral lands to ensure their economic, social, and cultural wellbeing. The Congress may provide for the applicability of customary laws governing property rights or relations in determining the ownership and extent of ancestral domain. Sec. 6-The use of property bears a social function, and all economic agents shall contribute to the common good. Individuals and private groups, including corporations, cooperatives, and similar collective organizations, shall have the right to own, establish, and operate economic enterprises, subject to the duty of the State to promote distributive justice and to intervene when the common good so demands. Article XIII Sec. 1-The Congress shall give highest priority to the enactment of measures that protect and enhance the right of all the people to human dignity, reduce social, economic, and political inequalities, and remove cultural inequities by equitably diffusing wealth and political power for the common good. To this end, the State shall regulate the acquisition, ownership, use, and disposition of property and its increments. Sec. 2- The promotion of social justice shall include the commitment to create economic opportunities based on freedom of initiative and self-reliance. Sect. 4- The State shall, by law, undertake an agrarian reform program founded on the right of farmers and regular farmworkers who are landless, to own directly or collectively the lands they till or, in the case of other farmworkers, to receive a just share of the fruits thereof. To this end, the State shall encourage and undertake the just distribution of all agricultural lands, subject to such priorities and reasonable retention limits as the Congress may prescribe, taking into account ecological, developmental, or equity considerations, and subject to the payment of just compensation. In determining retention limits, the State shall respect the right of small landowners. The State shall

further provide incentives for voluntary landsharing. Sect. 5- The State shall recognize the right of farmers, farmworkers, and landowners, as well as cooperatives, and other independent farmers' organizations to participate in the planning, organization, and management of the program, and shall provide support to agriculture through appropriate technology and research, and adequate financial, production, marketing, and other support services. Sect. 6- The State shall apply the principles of agrarian reform or stewardship, whenever applicable in accordance with law, in the disposition or utilization of other natural resources, including lands of the public domain under lease or concession suitable to agriculture, subject to prior rights, homestead rights of small settlers, and the rights of indigenous communities to their ancestral lands. The State may resettle landless farmers and farmworkers in its own agricultural estates which shall be distributed to them in the manner provided by law. Sect. 7- The State shall protect the rights of subsistence fishermen, especially of local communities, to the preferential use of the communal marine and fishing resources, both inland and offshore. It shall provide support to such fishermen through appropriate technology and research, adequate financial, production, and marketing assistance, and other services. The State shall also protect, develop, and conserve such resources. The protection shall extend to offshore fishing grounds of subsistence fishermen against foreign intrusion. Fishworkers shall receive a just share from their labor in the utilization of marine and fishing resources. Sect. 8- The State shall provide incentives to landowners to invest the proceeds of the agrarian reform program to promote industrialization, employment creation, and privatization of public sector enterprises. Financial instruments used as payment for their lands shall be honored as equity in enterprises of their choice. URBAN LAND REFORM AND HOUSING Sect. 9- The State shall, by law, and for the common good, undertake, in cooperation with the private sector, a continuing program of urban land reform and housing which will make available at affordable cost, decent housing and basic services to under-privileged and homeless citizens in urban centers and resettlement areas. It shall also promote adequate employment opportunities to such citizens. In the implementation of such program the State shall respect the rights of small property owners. Sec.10- Urban or rural poor dwellers shall not be evicted nor their dwelling demolished, except in accordance with law and in a just and humane manner.

No resettlement of urban or rural dwellers shall be undertaken without adequate consultation with them and the communities where they are to be relocated. Sec. 12- The State shall establish and maintain an effective food and drug regulatory system and undertake appropriate health, manpower development, and research, responsive to the country's health needs and problems. 4 Major Legislations for Environmental Law 10. PD 1151 (PHILIPPINE ENVIRONMENTAL POLICY) 11. PD 1152 (PHILIPPINE ENVIROMENTAL CODE) 12. PD 984 (POLLUTION CONTROL LAW) 13. PD 1586 (ESTABLISHING AN ENVIRONMENTAL IMPACTSTATEMENT SYSTEM, INCLUDING OTHER ENVIRONMENTAL MANAGEMENT RELATED MEASURES AND FOR OTHER PURPOSES.) PD 1586 Case: Republic of the Philippines vs. The City of Davao Republic vs. Alvarez, in his capacity as Sec. of DENR Facts: Alvarez filed an application for a Certificate of Non-Coverage for its proposed project, the Davao Artica Sports Dome, with the Environmental Management Bureau (EMB), Region 11. The EMB Region 11 denied the application on ground that the proposed project was within an environmentally critical area, and ruled that under the Environmental Impact Statement System, the City of Davao must undergo the environmental impact assessment (EIA) process to secure an Environmental Compliance Certificate (ECC), before it can proceed with the construction of its project Believing that it was entitled to a Certificate of Non-Coverage, respondent filed a petition for mandamus with the RTC of Davao alleging that the proposed project was neither an environmentally critical project nor within an environmentally critical area, thus it was outside the scope of the EIS system. The RTC granted the writ of mandamus and directed EMB to issue a Certificate of Non Coverage. It ruled that there is nothing in the EIA System guidelines which requires

LGUs to comply with the EIS law, as only agencies and instrumentalities are mandated to go through the EIA process for their proposed projects which have significant effect on the quality of the environment. A local government unit, not being an agency or instrumentality of the National Government, is deemed excluded Issue: Whether LGUs are covered by the EIA System? Decision: The Local Government Code provides that it is the duty of the LGUs to promote the peoples right to a balanced ecology. Pursuant to this, an LGU, like the City of Davao, cannot claim exemption from the coverage of PD 1586. As a body politic endowed with governmental functions, an LGU has the duty to ensure the quality of the environment, which is the very same objective of PD 1586. Further, it is a rule of statutory construction that every part must be read with other parts, thus, the TC in declaring local government units as exempt from the coverage of the EIS law, failed to relate Section 2 of PD 1586 to the several provision of the same law. Section 4 of PD 1586 clearly states that no person, partnership or corporation shall undertake or operate any such declared environmentally critical project or area without first securing an Environmental Compliance Certificate issued by the President or his duly authorized representative. Undoubtedly therefore, local government units are not excluded from the coverage of PD 1586. Sec. 1 stated that the policy of the State is to attain an orderly balance between socio-economic growth and environmental protection. The Whereas clause stresses that such is only possible if we adopt an integrated environmental protection program where all the sectors of the community are involved, i.e., the government and the private sectors. The local government units, as part of the machinery of the government, cannot therefore be deemed as outside the scope of the EIS system. This however presuppose that a project, for which an Environmental Compliance Certificate is necessary, is environmentally critical or within an environmentally critical area. In the case at bar, respondent has sufficiently shown that the Artica Sports Dome will not have a significant negative environmental impact because it is not an

environmentally critical project and it is not located in an environmentally critical area. They submitted Certification from the City Planning and Development Office, PHILVOLCS, CENRO-West in support thereof. The Environmental Impact Statement System, which ensures environmental protection and regulates certain government activities affecting the environment, was established by Presidential Decree No. 1586. Under Article II, Section 1, of the Rules and Regulations Implementing PD 1586, the declaration of certain projects or areas as environmentally critical, and which shall fall within the scope of the Environmental Impact Statement System, shall be by Presidential Proclamation. Pursuant thereto, Proclamation No. 2146 was issued proclaiming the following areas and types of projects as environmentally critical and within the scope of the Environmental Impact Statement System established under PD 1586: A. Environmentally Critical Projects I. Heavy Industries a. Non-ferrous metal industries b. Iron and steel mills c. Petroleum and petro-chemical including oil and gas d. Smelting plants

industries

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

in

3. Areas which constitute the habitat for any endangered or threatened species of indigenous Philippine Wildlife (flora and fauna); 4. Areas of unique historic, archaeological, or scientific interests; 5. Areas which are traditionally occupied by cultural communities or tribes; 6. Areas frequently visited and/or hard-hit by natural calamities (geologic hazards, floods, typhoons, volcanic activity, etc.); 7. Areas with critical slopes; 8. Areas classified as prime agricultural lands; 9. Recharged areas of aquifers; 10. Water bodies characterized by one or any combination of the following conditions; a. tapped for domestic purposes b. within the controlled and/or protected areas declared by appropriate authorities c. which support wildlife and fishery activities 11. Mangrove areas characterized by one or any combination of the following conditions: a. with primary pristine and dense young growth; b. adjoining mouth of major river systems; c. near or adjacent to traditional productive fry or fishing grounds; d. which act as natural buffers against shore erosion, strong winds and storm floods; e. on which people are dependent for their livelihood. 12. Coral reefs, characterized by one or any combinations of the following conditions: a. with 50% and above live coralline cover; b. spawning and nursery grounds for fish; c. which act as natural breakwater of coastlines. Environmentally Non-Critical Projects. All other projects, undertakings and areas not declared by the President as environmentally critical shall be considered as non-critical and shall not be required to submit an environmental impact statement. The National Environmental Protection Council, thru the Ministry of Human Settlements may however require non-critical projects and undertakings to provide additional environmental safeguards as it may deem necessary. The Artica Sports Dome in Langub does not come close to any of the projects or areas enumerated above. Neither is it analogous to any of them. It is clear, therefore, that the said project is not

III. Infrastructure Projects a. Major dams b. Major power plants (fossil-fueled, nuclear fueled, hydroelectric or geothermal) c. Major reclamation projects d. Major roads and bridges B. Environmentally Critical Areas 1. All areas declared by law as national parks, watershed reserves, wildlife preserve and sanctuaries; 2. Areas set aside as aesthetic potential tourist spots;

classified as environmentally critical, or within an environmentally critical area. Consequently, the DENR has no choice but to issue the Certificate of Non-Coverage. It becomes its ministerial duty, the performance of which can be compelled by writ of mandamus, such as that issued by the trial court in the case at bar.

PD 1151: PHILIPPINE ENVIRONMENTAL POLICY We will discuss the salient features of PD 1151. As early as 1970s at the time of Marcos meron na tayong policy on the environment.

yung mga rock monuments mga korteng dinosaurs at kung anu-ano pa ang mga itsura nila. (c) encourage the widest exploitation of the environment without degrading it, or endangering human life, health and safety or creating conditions adverse to agriculture, commerce and industry, (d) preserve important historic and cultural aspects of the Philippine heritage, ***Our natural resources itself constitute our heritage itself. So under PD 1151 it is the policy of the State to protect the cultural aspect of the Philippine heritage, part of our heritage. (e) attain a rational and orderly balance between population and resource use, and (f) improve the utilization of renewable and non-renewable resources*** As early as 70s we are talking about renewable energy . Example ng renewable energy wind energy, hydro-electrical, yan ang trend right now. Geothermal not dependent on mineral fuels. In so far as non-renewable resources i-improve mo yun or i-preserve mo pa kung ano pa yung natitira pa sa lupa mo. Sec. 3. Right to a Healthy Environment. *** You can find the right to a healthy environment sa Constitution. So as early as 70s, na-incorporate na yan sa 1987 Constitution. In furtherance of these goals and policies, the Government recognizes the right of the people to a healthful environment. It shall be the duty and responsibility of each individual to contribute to the preservation and enhancement of the Philippine environment***Who has the duty? You would say the government, No!!! If you would look at the Philippine environmental policy, it is the duty of each and every one. Lahat ng citizens ng Republic of the Philippines. It is our duty to contribute to the preservation and enhancement of our environment. Sec. 4. Environmental Impact Statements. Pursuant to the above enunciated policies and goals, all agencies and instrumentalities of the national government, including governmentowned or controlled corporations, as well as private corporations firms and entities shall prepare, file and include in every action, project or undertaking which significantly affects the quality of the environment a detail statement on (a) the environmental impact of the proposed action, project or undertaking (b) any adverse environmental effect which cannot be avoided should the proposal be implemented;

Sec. 1-It is hereby the continuing policy of the state-***Continuing-up to now the same yung policy ng state. (a) to create, develop, maintain and improve conditions under which man and nature can thrive in productive and enjoyable harmony with each other,-*** Man and nature can thrive in productive and enjoyable harmony with each otherSo there is no quarrel between man and nature because merong harmony between them. It presupposes a policy on sustainable development. (b) to fulfill the social, economic and other requirements of present and future generations of Filipinos,-***So if you are aware of intergeneration responsibility-to preserve our environment for the generations yet to come, we are here to preserve and conserve the environment for the generations to come, tayo ang magproprotect we are not here to destroy nor to exploit but to protect the environment so that is intergenerational responsibility so like in the case of Factoran. And (c) to insure the attainment of an environmental quality that is conducive to a life of dignity and well-being.-***A quality that is conducive to a life so like there is a need for a clean and healthy environment and there is dignity in ones person Sec. 2. Goal- To use all practicable means, consistent with other essential considerations of national policy, in promoting the general welfare to the end that the Nation may (a) recognize, discharge and fulfill the responsibilities of each generation as trustee and guardian of the environment for succeeding generations,-***So eto na naman yung intergenerational responsibility. So hindi pa nauso si Atty. Oposa meron na yang intergenerational responsibility kasi as early as 1970s meron na yan it is evidenced by PD 1152 so it is not entirely true na si Oposa talaga ang responsible for the intergenerational responsibility concept sa Pilipinas though sumikat siya dahil diyan at naging international celebrity I know that because Atty. Oposa is my friend. (b) assure the people of a safe, decent, healthful, productive and aesthetic environment, ***The environment is itself aesthetic, there is art, there is artistry in the environment so nakita niyo yung mga natural wonders, yung mga sculptures created by nature,

(c) alternative to the proposed action; (d) a determination that the short-term uses of the resources of the environment are consistent with the maintenance and enhancement of the long-term productivity of the same; and (e) whenever a proposal involve the use of depletable or non-renewable resources, a finding must be made that such use and commitment are warranted. ***What are the mitigating measures to soften the impact of the undertaking to the government , yan yung EIS system. Under PD 1151 it says- all agencies and instrumentalities of the national government but it does not include the local government units because under the Administrative Code, the term local government unit has a different definition at hindi yan kasali diyan. So using the definition (local government unit under sa Administrative Code) in the case of Davao City vs DENR. It is about the Artica Sports dome, during the time, the city government started the project without undergoing the EIS system, hindi sila kumuha ng ECC. Now the opponents of then Mayor de Guzman filed a case against him and some other individuals for the violation of PD 1586. Because they embarked on a project which is considered to be environmentally critical project and within an environmentally critical area at hindi sila kumuha ng ECC which is required under PD 1586. Since it was already there, pinandigan ko na, I said theres no need to secure an ECC and to comply with PD 1586 because in the first place: 1. Local government units are not embraced with the scope of the law; 2. The city is exempt from getting an ECC because it is not an environmentally critical project and it was not undertaken within an environmentally critical area. ***So ang ginawa namin kumuha kami ng Certificate of Non-Coverage or CNC which the DENR refused to give. So we went to RTC and the RTC sustained the decision of the City government so the Sol. Gen. went up to the Supreme Court and the SC decided that on the argument that LGUs are not covered, the SC said that ALL governmental units are covered. It is clear now that all instrumentalities including the LGUs are covered pero parang may judicial legislation kasi inilagay ang LGUs. However, on the issue, W/N the city government or the mayor violated the EIS law because they failed to secure an ECC, sabi ng Supreme Court- the city is exempt in securing an ECC because the project is not considered as an environmentally critical project and it is not undertaken within an environmentally critical area. So it paved the way for the issuance of CNC so there was no legal impediment for the continuation but at that time, Ben de Guzman lost the elections so Mayor Duterte decided not to continue the project notwithstanding the clearance from DENR. Before an environmental impact statement is issued by a lead agency, all agencies having jurisdiction over, or special expertise on, the

subject matter involved shall comment on the draft environmental impact statement made by the lead agency within thirty (30) days from receipt of the same. Section 5. Agency Guidelines. The different agencies charged with environmental protection as enumerated in Letter of Instruction No. 422 shall, within sixty (60) days from the effectivity of this Decree, submit to the National Environmental Protection Council (NEPC), their respective guidelines, rules and regulations to carry out the provisions of Sec. 4 hereof on environmental impact assessments and statements. Section 6. Repealing Clause. All Acts, Presidential Decrees, executive orders, rules and regulations or parts thereof which are inconsistent with the provisions of this Decree are hereby repealed, amended or modified accordingly. Section 7. Effectivity. This Decree shall take effect immediately. Done in the City of Manila this 6th day of June in the year of Our Lord, nineteen hundred and seventy-nine. ***So as early as June 6, 1979 meron na tayong law for this and until now sinusunod pa rin natin to.

PD 1152: PHILIPPINE ENVIRONMENTAL CODE ***Medyo detalyado ito, Ano itong Philippine Environmental Code? The establishment of specific environment management policies and prescribing environment quality standards in a Philippine Environment Code. So the Philippine Environment Code actually establishes a quality, an environmental quality standards. Yan ang Philippine Environment Code, so ano yung mga standards na yan? TITLE I: AIR QUALITY MANAGEMENT ***What are the purposes? (a) to achieve and maintain such levels of air quality as to protect public health; and ***Levels of air quality so theres a standard of minute particulates in the air. I remember when I was in college nasa Maynila ako, may nakikita akong billboard kung saan nakalagay kung gaano karami yung particulates sa environment to determine whether it is polluted or not so everybody will know so if you will pass by that billboard in Cubao makikita mo doon kasi malaki yun so it will really catch your attention so makikita mo doon yung level of air standards kasi may indication doon kung sumobra nab a siya. Pero parang tinanggal na I dont know why mas maganda sana yun so everybody would know the quality of air we breathe especially in Manila. One indication is that maraming nagkakasakit or makikita mo yan sa katawan like nahihirapan kang huminga like you are on the plane, makikita niyo before you landing kung gaano ka-polluted yung Maynila but supposedly meron dapat tayong air quality management. (b) to prevent to the greatest extent practicable, injury and/or damage to plant and animal life and property, and promote the social and economic development of the country. ***The growth of plants even yung animals naapektuhan din sila some plants are stunted, the growth is stunted, maliit pa namumunga na (naahat siya) it will bear fruit then it will wither then it will die. So kung ganon sa plants, ganon din sa tao bata pa pero parang matanda na. ***Ano yung standards ng air quality? Sec. 3. Ambient Air Quality Standards. There shall be established ambient air quality standards which shall prescribe the maximum concentration of air pollutants permissible in the atmosphere consistent with public health, safety and general welfare. In the establishment of ambient air quality standards, factors such as local atmospheric conditions, location and land use, and available technology, shall be considered among others.

Sec. 4. National Emission Standards. There shall be established national emission standards for new and existing stationary and mobile sources of pollution which shall consider among others such factors as type of industry, practicable control technology available, location and land use, and the nature of pollutants emitted. Sec. 5. Community Noise Standards. Appropriate standards for community noise levels shall be established considering, among others, location, zoning and land use classification. Sec. 6. Standards for Noise-Producing Equipment. There shall be established a standard for noise producing equipment such as construction equipment, transportation equipment, stationary engines, and electrical or electronic equipment and such similar equipment or contrivances. The standards shall set a limit on the acceptable level of noise emitted from a given equipment for the protection of public health and welfare, considering among others, the magnitude and condition of use, the degree of noise reduction achievable through the application of best available technology and the cost of compliance. The Installation of any noise-producing equipment shall conform with the requirements of Presidential Decree No. 1096 and other applicable laws as well as their implementing rules and regulations. Sec. 7. Aircraft Emission and Sonic Booms. Appropriate government agencies shall encourage research studies on the harmful effects of aircraft emissions in the environment in order to establish permissible emission standards. Research and studies shall also be undertaken to mitigate and/or minimize the effects of sonic booms in the environment. ***Lahat yan are actually standards. Standards for noise-producing equipments like jackhammers. I remember, I was told, who are familiar with SNR? Diyan nag-shoshopping yung mga high-end shoppers. Everybody is happy about the proposed SNR and it is now on construction pero ang sabi nila na-stop ang construction. Why? Because of noise pollution. Yung subdivision near SNR nagrereklamo na kasi gusto ng SNR ng magpile nang magpile kasi hindi pa nila na-rereach ang desired depth na gusto nila so araw gabi yun at yung mga tao hindi na makatulog dahil sa sobrang ingay . Probably those residents filed a complaint thats why the construction is temporarily stopped. Then nakausap ko yung isa sa mga contractors, sabi niya the construction will resume after mainstall yung machine pile that will minimize the noise.

***Itong aircraft emissions and sonic booms. I dont know if naabutan niyo yan pero I guess naabutan niyo yung BAK 11(?) na eroplano. In the earlier planes of Cebu Pacific, yung mga luma (BAK 11(?)) Kapag dumating yan at kapag nag-take-off yan napakaingay but they are not being used anymore yung mga BAK 11(?) kasi hindi siya makapasa sa noise standards. Pero I was really surprised kasi these planes yung BAK 11(?) at DC 9 (?) are not used in Philippines but they are used outside of the Philippines kasi during one of my trips abroad, from France to Italy, nakita ko na ginagamit pa pala ang mga ito dito pero hindi na ito ginagamit sa Pilipinas so yung standard nila mas maliit so mas mas okay pa pala tayo dito sa Pilipinas kasi mas mataas ang ating standards. In fact, in the Philippines we have the youngest fleet of planes sa buong mundo. Chapter II Regulation and Enforcement Sec. 8. Air Quality and Noise Standards. The National Pollution Control Commission in coordination with appropriate government agencies shall be responsible for the enforcement of ambient air quality emission and noise standards, including the monitoring and surveillance of air pollutants, licensing and permitting of air pollution control facilities, and the promulgation of appropriate rules and regulations. Existing air quality emission and noise standards may be revised and/or modified consistent with new development and technology. Sect. 9. Aircraft Noise. Community noise standards around airports shall be implemented by the Civil Aeronautics Administration in coordination with the National Pollution Control Commission. Sec. 10. Vehicular Emissions. The Land Transportation Commission, in coordination with the National Pollution Control Commission, shall implement emission standards for motor vehicles and may deputize other appropriate law enforcement agencies for the purpose. Sec. 11. Radioactive Emissions. The release and emission of radioactivity into the environment incident to the establishment or possession of nuclear energy facilities and radioactive materials, handling, transport, production, storage, use and disposal of radioactive materials shall be regulated by the Philippine Atomic Energy Commission in coordination with other appropriate government agencies. Chapter III Monitoring Sec. 12. Air Quality Monitoring. The National Pollution Control Commission, in coordination

with appropriate government agencies, shall establish to the greatest extent practicable an air quality monitoring network. Such air quality monitoring network shall put to maximum use the capabilities of these agencies. **Monitoring, theres a need for air monitoring. So who is supposed to monitor? The NPCC in coordination with appropriate government agencies, shall establish to the greatest extent practicable an air quality monitoring network but this is not actually done. The National Environmental Protection Council shall be furnished with the results of air quality monitoring activities. Sec. 13. Weather Modification. The Philippine Atmospheric, Geophysical and Astronomical Services Administration shall monitor regularly meteorological factors affecting environmental conditions in order to effectively guide air pollution monitoring activities. Activities relating to weather modification such as rainfall stimulation and storm seeding experiments shall be undertaken in consultation and/or in coordination with the Philippine Atmospheric, Geophysical and Astronomical Service Administration. ***PAG-ASA. We have the oldest weather equipments. I remember the former chief of PAGASA, he was removed because the PAG-ASA failed to foretell the coming of a typhoon so he was removed by the president only to find out (by the president himself) na medieval pa yung mga equipments so bumili sila nga bago. Who can accurately predict the weather? Wala naman diba? Even the US. So sabi nila, predicting weather is like also predicting a mind of a woman. If you cant predict the mind of a woman you cannot also predict the weather. TITLE II: WATER QUALITY MANAGEMENT ***Meron tayong Clean Water Act pero actually ito na yun. Sec. 14. Purpose. It is the purpose of this Title to prescribe management guidelines aimed to protect and improve the quality of Philippine water resources through: (a) classification of Philippine waters; ***Meron na tayo niyan, meron na tayong map of rivers all over the Philippines on the classification of such waters. Meron yan silang grade. Like yung river na ito, eto ang kaniyang river 123 or 4 like can it be used for drinking or para saan it puwedeng gamitin like puwede ba itong pang-recreation, pangindustrial etc. (b) establishment of water quality standards; (c) protection and improvement of the quality of the Philippine water resources, and

(d) responsibilities for surveillance and mitigation of pollution incidents.*** Wala tayo niyan although sinasabi nila that the ENP monitors all our waters in their respective areas of responsibilities pero hindi nila ginagawa yan what they do is that they just act if theres an incident pero on their own di talaga nila ginagawa yan. Chapter I Classification and Standards Sec. 15. Classification of Philippine Waters. The National Pollution Control Commission, in coordination with appropriate government agencies, shall classify Philippine waters, according to their best usage. In classifying said waters, the National Pollution Control Commission shall take into account, among others, the following: (a) the existing quality of the body of water at the time of classification; (b) the size, depth, surface area covered, volume, direction, rate of flow, gradient of stream; and (c) the most beneficial uses of said bodies of water and lands bordering them for residential, agricultural, commercial, industrial, navigational, recreational, and aesthetic purposes. Sec. 16. Reclassification of Waters Based on Intended Beneficial Use. Where the public interest so requires, the National Pollution Control Commission, in 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

(b) the technology relating to water pollution control. Chapter II Protection and Improvement of Water Quality Sec. 19. Enforcement and Coordination. The production, utilization, storage and distribution of hazardous, toxic and other substances such as radioactive materials, heavy metals, pesticides, fertilizers, and oils, and the disposal, discharge and dumping of untreated wastewater, mine tailings and other substances that may pollute any body of water of the Philippines resulting from normal operations of industries, water-borne sources, and other human activities as well as those resulting from accidental spills and discharge shall be regulated by appropriate government agencies pursuant to their respective charters and enabling legislations. In the performance of the above functions, the government agencies concern shall coordinate with the National Environmental Protection Council and furnish the latter with such information as may be necessary to enable it to attain its objectives under Presidential Decree No. 1121. Sec. 20. Clean-up Operations. It shall be the responsibility of the polluter to contain, remove and clean up water pollution incidents at his own expense. In case of his failure to do so, the government agencies concerned shall undertake containment, removal and clean-up operations and expenses incurred in said operations shall be charged against the persons and/or entities responsible for such pollution. Sec. 21. Water Quality Monitoring and Surveillance. The various government agencies concerned with environmental protection shall establish to the greatest extent practicable a water quality surveillance and monitoring network with sufficient stations and sampling schedules to meet the needs of the country. Said water quality surveillance network shall put to maximum use the capabilities of such government agencies. Each agency involved in such network shall report to the National Environmental Protection Council the results of these monitoring activities as the need arises. ***Hindi naman nila ginagawa yan. ***We also have land use management. TITLE III: LAND USE MANAGEMENT Sec. 22. Purpose. The purposes of this Title are: (a) to provide a rational, orderly and efficient acquisition, utilization and disposition of land and its resources in order to derive therefrom maximum benefits; and (b) to encourage the prudent use and conservation of land resources in order to

prevent and imbalance between the nation's needs and such resources. ***Ito yung pinaka-importante dito kaya nga meron tayong land management bureau. Ano yung imbalance? Ito yung brought about by different uses of lands yung mga agricultural use, yung residential. Our population is growing, yung mga lands devoted to agriculture nababawasan yan so anong lupa ang gagamitin natin for agriculture? Wala! The agricultural production becomes smaller and smaller as our need for residential lots grow. So whats the objective of land management? To create the balance between the needs and the development. Sec. 24. Location of Industries. In the location of industries, factories, plants, depots and similar industrial establishments, the regulating or enforcing agencies of the government shall take into consideration the social, economic, geographic and significant environmental impact of said establishments. ***Supposedly, there should be a comprehensive zoning ordinance. Why comprehensive? Kasi dapat ma-identify mo kung ano yung industrial, residential, commercial etc. But in Davao City we dont have one. But we have SPOT Zoning katulad sa isa may residential, commercial, industrial sa kabila meron na naman, spot nga. Others would say, its pocket zoning. It is very ideal that all industries should be placed in one location para alam mo kung saan ka mag-iinvest at saan mo ilalagay ang factory mo the same as residential. ***Ironic situation: HOLCIM-At the time that HOLCIM was established there, wala pang mga residents diyan but because of the employees they were allowed to built their houses near HOLCIM, right now the residents are complaining at gusto na nilang paalisin ang HOLCIM kasi daw nakaksira sila sa environment at naapektuhan sila. ***But if we have that zoning ordinance maiiwasan natin yung mga sitwasyon na ganyan. TITLE IV: NATURAL RESOURCES MANAGEMENT AND CONSERVATION Sec. 25. Purposes. The purposes of this Title are: (a) to provide the basic policy on the management and conservation of the country's natural resources to obtain the optimum benefits therefrom and to preserve the same for the future generations; and (b) to provide general measures through which the aforesaid policy may be carried out effectively. ***We are talking here about sustainable development so we have to preserve our natural resources for the future generation. Conservation means to use only what we need.

Chapter I Fisheries and Aquatic Resources Sec. 26. Management Policy. The National government, through the Department of Natural Resources, shall establish a system of rational exploitation of fisheries and aquatic resources within the Philippine territory and shall encourage citizen participation therein to maintain and/or enhance the optimum and continuous productivity of the same. Sec. 27. Measures for National Exploitation. Measures for the national exploitation of fisheries and other aquatic resources may include, but shall not be limited to, the following: (a) undertaking manpower and expertise development; (b) acquiring the necessary facilities and equipment; (c) regulating the marketing of threatened species of fish or other aquatic resources; (d) reviewing all existing rules and regulations on the exploitation of fisheries and aquatic resources with a view of formulating guidelines for the systematic and effective enforcement thereof; and (e) conserving the vanishing species of fish and aquatic resources such as turtles, sea snakes, crocodiles, corals, as well as maintaining the mangrove areas, marshes and inland waters, coral reef-areas and islands serving as sanctuaries for fish and other aquatic life. Chapter II Wildlife Sec. 28. Management Policy. The national government through the Department of Natural Resources, shall establish a system of rational exploitation and conservation of wildlife resources and shall encourage citizen participation in the maintenance and/or enhancement of their continuous productivity. Sec. 29. Measures for Rational Exploitation. Measures for rational exploitation of wildlife resources may include, but shall not be limited to, the following: (a) regulating the marketing of threatened wildlife resources. (b) reviewing all existing rules and regulations on the exploitation of wildlife resources with a view of formulating guidelines for the systematic and effective enforcement thereof; and

(c) conserving the threatened species of fauna, increasing their rate of reproduction, maintaining their original habitat, habitat manipulation, determining bag/creel limits, population control in relation to the carrying capacity of any given area, banning of indiscriminate and/or destructive means of catching or hunting them. Chapter III Forestry and Soil Conservation Sec. 30. Management Policy for Forestry. The national government, through the Department of Natural Resources, shall undertake a system of rational exploitation of forest resources and shall encourage citizen participation therein to keep the country's forest resources at maximum productivity at all time. Sec. 31. Measures for Rational Exploitation of Forest Resources. Measures for the rational exploitation of forest resources may include, but shall not be limited to, the following: (a) regulating the marketing of threatened forest resources; (b) reviewing all existing rules and regulations on the exploitation of forest resources with a view of formulating guidelines for the systematic and efficient enforcement thereof; (c) conserving threatened species of flora as well as increasing their rate of propagation; the banning of destructive modes of exploitation, kaingin making or shifting cultivation, indiscriminate harvesting of minor forest products the recycling methods of waste materials, and (d) carrying out a continuing effect on reforestation; timber stand improvement; forest protection; land classification; forest occupancy management; agri-silviculture; range management; agri-silvicultural/kaingin management; industrial tree plantation; parks and wildlife management; multiple use forest; timber management and forest research. Sec. 32. Use of Fertilizers and Pesticides. The use of fertilizers and pesticides in agriculture shall be regulated prescribing therefor a tolerance level in their use. Their use shall be monitored by appropriate government agencies to provide empirical data for effective regulation. ***Fertilizers and pesticides are supposed to be monitored but sad to say wala rin. Sec. 33. Management Policy on Soil Conservation. The national government, through the Department of Natural Resources and the Department of Agriculture, shall likewise undertake a soil conservation program including therein the identification and protection of critical watershed areas, encouragement of scientific farming

techniques, physical and biological means of soil conservation, and short-term and long-term researches and technology for effective soil conservation. Chapter IV Flood Control and Natural Calamities Sec. 34. Measures in Flood Control Program. In addition to the pertinent provisions of existing laws, the following shall be included in a soil erosion, sediment and flood control program; (a) the control of soil erosion on the banks of rivers, the shores of lakes, and the seashores; (b) the control of flow and flooding in and from rivers and lakes; (c) the conservation of water which, for purposes of this Section shall mean forms of water, but shall not include captive water; (d) the needs of fisheries and wildlife and all other recreational uses of natural water; (e) measures to control the damming, diversion, taking, and use of natural water, so far as any such act may affect the quality and availability of natural water for other purposes; and (f) measures to stimulate research in matters relating to natural water and soil conservation and the application of knowledge thereby acquired. ***You see theres flood control program. One of the ways to prevent floods is to preserve the natural catch basins kasi diyan napupunta yung mga tubig pero ang ginagawa because of rapid development tinatabunan nalang. So saan na ngayon pupunta ang tubig? It supposedly go to the lowest portion. Like in Davao City-Torres, Obrero, Boulevard, Laverna Hills, etc. The best example here is yung bagyo sa Maynila yung umapaw yung Marikina River tapos may subdivision doon, zero talaga maraming namatay kasi yung area na yun ay natural catch basin. Sec. 35. Measures to Mitigate Destructive Effects of Calamities. The national government, through the Philippine Atmospheric, Geophysical and Astronomical Services Administration, shall promote intensified and concerted research efforts on weather modification, typhoon, earthquake, tsunami, storm surge, and other tropical natural phenomena in order to bring about any significant effect to mitigate or prevent destructive effects. ***Typhoon Pablo- matagal siyag nakalabas in fact bumalik pa nga siya diba eh.

Chapter V Energy Development Section 36. Policy. Consistent with the environmental protection policies, the national government, through the Energy Development Board, shall undertake an energy development program encouraging the utilization of invariant sources such as solar, wind and tidal energy. ***Nuclear power plant, we have Bataan nuclear power plant which was built during the time of Marcos. But at the time of Cory, she immediately abolished the Department of Energy and I was in that department. During that time we experienced a lot of brown outs at such effects are experienced til now kasi napabayaan kasi ang argument nila ang department na yun daw ang isa sa pinaka-corrupt but I would say that such agency was the most effecient during the time of Marcos kasi walang mga brown out but napabayaan and now they are planning to revive it pero maraming ayaw kasi natatakot silang matulad sa Japan or yung nangyari sa Russia. ***The trend right now is to go into to the use of renewable energy. There is a form of compensation dito on renewable energy, this is an international law. This so called compensation, you use this much energy, you save this much energy thats an equivalent into saving our environment. Sec. 37. Measures for Energy Development. Measures for energy development program may include, but shall not be limited to, the following: (a) setting up of pilot plants utilizing invariant sources of energy; (b) training of technical personnel for purposes of energy development; and (c) conducting researches aimed at developing technology for energy development. Sec. 38. Safety Measures on Energy Development. Rules and regulations shall be promulgated to prevent or mitigate the adverse effects of energy development on the environment. For this purpose, all nuclear powered plants exploring and utilizing geothermal energy, whether owned or controlled by private or government entities shall: (a) observe internationally accepted standards of safety; and (b) provide safety devices to ensure the health and welfare of their personnel as well as the surrounding community. Chapter VI Conservation and Utilization of Surface and Ground Waters

Sec. 39. Management Policy. In addition to existing laws, the national government through the National Water Resources Council in coordination with other appropriate government agencies, shall prescribe measures for the conservation and improvement of the quality of Philippine water resources and provide for the prevention, control and abatement of water pollution. ***Ang ginagamit natin for our basic water need is for example the Davao City Water District is yung ground water but as early as now they are considering the possible usage of surface water kasi nauubos na yung ground water natin and the most viable surface water is found at Tamugan river but it is being contested by Aboitiz and the DCWD on the use of the water. But I like to add to that now; they were able to come up with a solution to such problem. ***Theres an article about the control of the sources of water and the next world war would be about who has control over water resources because it is believed that water in the future would be scarce. Diyan mag-away-away, that would be the cause of the next world war. Chapter VII Mineral Resources ***Theres a bill now pending in Congress making Davao city mining-free if that would be passed, Davao City would be the first one in the Philippines. Walang mining sa Davao City. ***Ang trending talaga is to go mining. We extract our resources. It is just a matter of how you manage it, kung paano mo kukunin etc. Kaya nga nilagay yan diyan ng Panginoon so man should use it but it should be used in accordance with the needs. Sec. 40. Management Policy. - The national government, through the Department of Natural Resources, shall undertake a system of gainful exploitation and rational and efficient utilization of mineral resources and shall encourage citizen participation in this endeavor. ***This became effective during the time of Marcos. During the time of Marcos, ine-encourage niya yung participation yung mga under the social justice system, yung sinasabi nilang backyard mining in order to support the livelihood program ng government but the problem is that these smallscale miners are left on their own and they conduct mining operations on their own without the guidance of the government. So pollution dito pollution doon then the problem became bigger and bigger . Sec. 41. Measures for Exploitation and Utilization of Mineral Resources. Measures for the gainful exploitation and rational and efficient utilization of such mineral resources

may include, but shall not be limited to the following: (a) increasing research and development in mineral resources technology; (b) training of additional technical manpower needed in geology, geophysics, mining engineering, and related fields; (c) regulating the exploitation of identified mineral reserves; (d) accelerating the exploration of undiscovered mineral deposits; and (e) encouraging the establishment of processing plants for refined metals. TITLE V: WASTE MANAGEMENT ***Waste management-it is also a problem here in Davao City. We generate a lot of waste. Hindi lang waste on our households, on our offices but the bigger problem is the waste generated from the hospitals they are highly communicable, walang waste disposal system ang mga hospital though sa kanila merong segregation but it is only up to that. How do we dispose of them? Zero! Why? 1. Lack of initiative from the government to implement the laws. 2. Sa local, wala tayong facilities. 3. Wala tayong technology- even if gusto ng mga hospitals but they are incapable because they are busy running the hospitals . But right now, the PAB is really looking forward that such system would be implemented in the next five years. ***In Davao city, we are supposed to have a waste segregation, meron tayong mga basurahan and we were provided with thousands of recycle bins how many years ago pero ngayon parang wala na kasi yung ibang magagaling na mga Pilipino ninanakaw at dinadala nila sa bahay nila, yung ibang industries dinadala nila sa mga yarda nila. Tapos meron tayong color coding even meron tayong color coding like black (non-biodegradable) and green (biodegradable). Even the segregation starts at home the problem began at the transport pagdating doon sa truck iniisa nalang nila then pagdating sa tambakan iniisa lang nila so useless. There is no technical support from the ENB. The ENB is supposed to take a strong lead at this waste segregration program pero wala pa rin. Sec. 42. Purpose. The purposes of this Title are: (a) to set guidelines for waste management with a view to ensuring its effectiveness; (b) to encourage, promote and stimulate technological, educational economic and social efforts to prevent environmental damage and unnecessary loss of valuable resources of the nation through recovery, recycling and re-use of wastes and waste products; and

(c) to provide measures to guide and encourage appropriate government agencies in establishing sound, efficient, comprehensive and effective waste management. Chapter I Enforcement and Guidelines Sec. 43. Waste Management Programs. Preparation and implementation of waste management program shall be required of all provinces, cities and municipalities. The Department of Local Government and Community Development shall promulgate guidelines for the formulation and establishment of waste management programs. ***The agency responsible for this would be the LGUs. Actually meron nay an siya but it is not actually being enforced. Tapos yung initiative nawala na ngayaon kahit ano nalang, supposedly it should be MWF-biodegradable tapos TTH-nonbiodegradable tapos hindi nila kukunin yung basura mo sa hindi takdang araw pero ngayon wala, sa amin once a week lang so pinag-isa nila yung bio at non-bio, binubuhos lang nila sa truck tapos yung mga basurero sinesegregate nila yung puwede pang-marecycle tapos binebenta nila. Every waste management program shall include the following: (a) an orderly system of operation consistent with the needs of the area concerned; (b) a provision that the operation will not create pollution of any kind or will constitute public nuisance; (c) a system for a safe and sanitary disposal of waste; (d) a provision that existing plans affecting the development, use and protection of air, water or natural resources shall be considered; (e) schedules and methods of implementing the development, construction and operation of the plan together with the estimated costs; and (f) a provision for the periodic revision of the program to ensure its effective implementation. Sec. 44. Responsibility of Local Governments. Each province, city or municipality shall provide measures to facilitate the collection, transportation, processing and disposal of waste within its jurisdiction in coordination with other government agencies concerned. For this purpose, the national government shall provide the necessary subsidy, to local governments upon request made through the National Environmental Protection Council and subject to such terms and conditions as the latter may provide. Chapter II Methods of Solid Waste Disposal

***Ano yung methods of waste disposal? Later on we will discuss on Clean Air Act. So we have solid waste disposal, sanitary landfill, incinerationsactually sa Clean Air Act nawala na itong incinerations. Yung incineration is yung sinussunog yung mga basura tapos may chimney yan doon sa chimney ini-emit yung smoke. Nawala ito ngayon yung incineration but the irony of it under Clean Air Act- it bans incineration but it allows traditional incineration-yung siga sa bahay. They say, kung ipunin mo yang mga siga ng buong Pilipinas compared to those incineration plants, yung mga effluents, yung smoke, mas sobra pa yang smoke na yan kaysa mga smoke galing sa mga incineration plant. Sec. 45. Solid Waste Disposal. Solid Waste dispos.al shall be by sanitary landfill, incineration, composing, and other methods as may be approved by competent government authority. Sec. 46. Sanitary Landfills. Local governments, including private individuals, corporations or organizations may operate one or more sanitary landfills. Any entity proposing to operate a sanitary landfill shall submit to the appropriate government agency an operational work plan showing, among other things, a map of the proposed work location, disposal areas for rubbish, garbage, refuse and other waste matter; and the equipment or machinery needed to accomplish its operations. In no case shall landfill or work locations under this Section be located along any shore or coastline, or along the banks of rivers and streams. lakes throughout their entire length, in violation of any existing rules and regulations. Sec. 47. Incineration and Composting Plants. The installation and establishment of incineration or composting plants, or the alteration/modification of any part thereof shall be regulated by the local governments concerned in coordination with the National Pollution Control Commission. Sec. 48. Disposal Sites. The location of solid waste disposal sites shall conform with existing zoning; land use standards, and pollution control regulations. Sec. 49. Dumping into the Sea and Other Navigable Waters. The dumping or disposal of solid wastes into the sea and any body of water in the Philippines, including shorelines and river banks, where these wastes are likely to be washed into the water is prohibited. However, dumping of solid wastes or other materials into the sea or any navigable waters shall be permitted in case of immediate or imminent danger to life and property, subject to the rules and regulations of the Philippine Coast Guard and the National Pollution Control Commission. Government agencies and private entities which are undertaking solid waste management

programs shall make consultations with the government agencies concerned with respect to the effects of such dumping to the marine environment and navigation.

PD 1586: ESTABLISHING AN ENVIRONEMTAL IMPACT STATEMENT SYSTEM, INCLUDING OTHER ENVIRONMENTAL MANAGEMENT RELATED MEASURES AND FOR OTHER PURPOSES. ***What is the EIS? PD 1586 or otherwise known as Environmental Impact Statement System xxxxx. ***What is the rationale of this law? The necessity of establishing and institutionalizing of a system whereby the exigencies of socioeconomic undertakings can be reconciled with the requirements of environmental quality. So dapat i-reconcile mo yung dalawa. Industry vs. the environment, ano ang median diyan? The EIS system is aimed at finding the line of best fit (?) ilalagay mo yung industry diyan pero you make sure that the impact on the environment is mitigated. Hindi masyadong destructive sa environment. Yan ang short na rational about PD 1586. Section 1. Policy. It is hereby declared the policy of the State to attain and maintain a rational and orderly balance between socioeconomic growth and environmental protection. ***When we say noh about environmental protection, it does not mean that we should live in caves noh, we should allow ourselves to grow but not to destroy the environment or kung merong industry na nakakasira diyan, put up some mitigating measures so the impact to the environment is lessen, lessen to a tolerable degree, there are standards kung hanggang saan lang ang puwede. Yan ang objective ng EIS System. Discussion of the direct or indirect consequences upon the human welfare as well as the ecological and environmental integrity. ***Ano yung direct at yung indirect? Sabi nga if you get the ecological footprint of a tree from the time na tinanim yan hanggang sa time lumaki at putulin yan, so ano ang direct reason niyan? Siguro yung economic value niya. What is the economic value of a tree? 70 pesos per board foot times kung ilang board feet yung tree, yun yung kaniyang economic value. How about yung other value? Yung mga hindi puwedeng i-quantify through money, ano yung puwedeng mawala? Sige daw!! For example pinutol mo yung isang full grown tree, ilang ibon ang namamahay diyan? Diba mawawalan sila ng bahay? Ilang butterflies ang gumagamit sa kniyang bulaklak? I-mumultiply mo yan o bees kaya na namumugad diyan? Yung mga uod na nakatira sa roots ng kahoy na yan. So can you quantify that? Isang kahoy lang yan, paano na kaya kung ektarya ektarya , so can you imagine the possible effects to the plants, the animals pati na rin sa human beings. Kaya nga sabi nila di mo talaga ma-quantify yan. ***Ano yung Environmental Impact Statement Assessment? Ano ang i-aassess mo diyan? To identify the important environmental

consequences including social factors that may occur to the projects that may be done. ***Ano yung social factors? Ilang tao ang nakatira diyan? Sino ang nakatira diyan? Kapag itinayo mo yung project mo diyan ilang tao ang madi-displace? It is a type of measure to eliminate or minimize the said impacts. Ano yung mga measures to be done in order to minimize the impact to the environment at dito sa mga social factors na ito, yung mga taong apektado, yung mga animals na apektado. ***Later on meron diyang decree na naglilista sa mga environmentally critical areas at yung mga environmentally critical projects. So if you fall either of these two then you must undergo the EIS system. Kung hindi ka naman na-bebelong diyan, puwedeng hindi na but this has been I should say abused noh or naging overzealousness ng ENB, almost all types of undertakings or projects required an ECC. Kahit gagawa ka lang ng maliit na gasoline station diyan, you need to undergo the EIS system. ***So what is PD 2146? It lists down the areas which are considered to be environmentally critical and what projects are considered to be environmentally critical. Section 9. Penalty for Violation. Any person, corporation or partnership found violating Section 4 of this Decree, or the terms and conditions in the issuance of the Environmental Compliance Certificate, or of the standards, rules and regulations issued by the National Environmental Protection Council pursuant to this Decree shall be punished by the suspension or cancellation of his/its certificate or and/or a fine in an amount not to exceed Fifty Thousand Pesos (P50,000.00) for every violation thereof, at the discretion of the National Environmental Protection Council. ***So tignan niyo yung penalty, suspension or cancellation of his/its certificate or and/or a fine in an amount not to exceed Fifty Thousand Pesos (P50,000.00) for every violation thereof, so do you think this would deter a person in violating the EIS system? Wala diba? ***So ano ang scope ng EIS system? Eto who are covered? All government agencies, including its instrumentalities as well as GOCCs, private corporations, firms, entities and individuals. I have told you about the Artica Sports dome right? So they started the construction of the dome without an ECC and at that time si Mayor de Guzman was charged to be criminally liable for the violation of PD 1586 dahil nagstart sila without undergoing the EIS system. Ang sabi naming, Artica Soprts dome ay hindi covered ng EIS system because 1. LGUs are not included in the scope. 2. The project is not considered to be an undertaking in an environmentally critical area and 3. The project is not considered to an environmentally critical one. The SC struck down the first line of defense, for the purposes of PD 1586, LGUs are covered otherwise the spirit of PD 1586 would be defeated by mere

technicality so that any LGU would just do away with the EIS system. But the SC agreed with the 2nd and the 3rd defences. Kasi ang sabi ng Mines and Geosciences Bureau, the entire Davao City is an environmentally critical area then ang sabi naming, if thats the case you yourself is violating the PD 1586 because kung mag-construct lang kayo ng anything noh, kahit maliit na kubeta you have to undergo the EIS system so you have to pass your mitigating measures to minimize the impact to the environment doon palang talon a ang argument nila. And we also submitted evidences to prove that Davao City is not an environmentally critical area. Environmental Compliance Certificate (ECC)It is a piece of document issued by the DENR/EMB after a positive review of an ECC application, certifying that based on the representations of the proponent, the proposed project or undertaking will not cause significant negative: environmental impact. The ECC also certifies that the proponent has complied with all the requirements of the EIS System and has committed to implement its approved Environmental Management Plan. The ECC contains specific measures and conditions that the project proponent has to undertake before and during the operation of a project, and in some cases, during the project's abandonment phase to mitigate identified environmental impacts. ***Ibig sabihin if you have an ECC, sinasabi lang na you have undergone the EIS system, this is the project, this is the capacity of the project and there are certain conditions there that you have to follow. Kapag hindi mo yun i-finollow, marerevoke ang ECC mo. Meron din siyang mitigating measures also, you are allowed to construct this project provided that you have put up this mitigating measure like canal diyan, big fences, water sewage system etc. PD 2146 ***This is a list actually containing the projects which are considered to be as critical and the areas considered as critical. ***We go directly to environmentally critical projects. I have to emphasize hah, if a project is undertaken within an ECA (environmentally critical areas) you have to undergo EIS system. Kung project naman, irrespective of the area kahit saan mo ilagay yan basta yung project is listed as an ECP (environmentally critical project) it has to go the EIS system. So ECP regardless of the area, ECA regardless of the project. A. Environmentally Critical Projects I. Heavy Industries a. Non-ferrous metal industries b. Iron and steel mills c. Petroleum and petro-chemical industries including oil and gas

d. Smelting plants ***Yan yung categorized as heavy industries. II. Resource Extractive Industries a. Major mining and quarrying projects b. Forestry projects 1. Logging 2. Major Wood processing projects 3. Introduction of fauna (exoticanimals) in public/private forests 4. Forest occupancy 5. Extraction of mangrove products 6. Grazing c. Fishery Projects 1. Dikes for/and fishpond development projects III. Infrastructure Projects a. Major dams b. Major power plants (fossil-fueled, nuclear fueled, hydroelectric or geothermal) c. Major reclamation projects d. Major roads and bridges ***So if you are planning to construct a major dam kailangan ng ECC or kung yung power plants like coal plants. ***So what are those considered as environmentally critical areas? B. Environmentally Critical Areas 1. All areas declared by law as national parks, watershed reserves, wildlife preserve and sanctuaries; *** So kahit ano pa ang ilagay mo diyan you have to undergo the EIS system. 2. Areas set aside as aesthetic potential tourist spots; 3. Areas which constitute the habitat for any endangered or threatened species of indigenous Philippine Wildlife (flora and fauna); 4. Areas of unique historic, archaeological, or scientific interests; 5. Areas which are traditionally occupied by cultural communities or tribes; 6. Areas frequently visited and/or hard-hit by natural calamities (geologic hazards, floods, typhoons, volcanic activity, etc.); 7. Areas with critical slopes; 8. Areas classified as prime agricultural lands; 9. Recharged areas of aquifers;

10. Water bodies characterized by one or any combination of the following conditions; a. tapped for domestic purposes b. within the controlled and/or protected areas declared by appropriate authorities c. which support wildlife and fishery activities 11. Mangrove areas characterized by one or any combination of the following conditions: a. with primary pristine and dense young growth; b. adjoining mouth of major river systems; c. near or adjacent to traditional productive fry or fishing grounds; d. which act as natural buffers against shore erosion, strong winds and storm floods; e. on which people are dependent for their livelihood. 12. Coral reefs, characterized by one or any combinations of the following conditions: a. with 50% and above live coralline cover; b. spawning and nursery grounds for fish; c. which act as natural breakwater of coastlines. ***So thats the full list but you can also have the full text of the law.

RA NO. 9275: AN ACT PROVIDING FOR A COMPREHENSIVE WATER QUALITY MANAGEMENT AND FOR OTHER PURPOSES SECTION 2. Declaration of Policy. - The State shall pursue a policy of economic growth in a manner consistent with the protection, preservation and revival of the quality of our fresh, brackish and marine waters. ***Coverage of the Act- Water quality management in all water bodies: Provided, That it shall primarily apply to the abatement and control of pollution from land based sources. ***So basically, the Clean Water Act covers the water quality management in all bodies of waters. What is the purpose To abate or control pollution from land-based sources. Tandaan niyo huh, Land based sources. ***The water quality management area supposedly the NWRB, the department based on DENR in coordination with NWRB shall designate areas that shall designate certain areas as water quality management areas, this is also in coordination with the LGUs using appropriate physiographic units such as watershed, river basins or water resources regions. They would identify certain areas within the local government unit and designate the same as water quality management area. Sino ang namamahala nito? Well in the Philippines we have 60 watersheds and 9 are located in Davao: The Lasang river, the Bunawan river, Panacan river, Davao river, Matina (?), Talomo river, Lipadas river, Kinawayan river and Sibulan river. These are the 9 watersheds in Davao city. ***Sources of water: Groundwater and Surface water. Actually sa Constitution kasali ang atmospheric water (Yung ulan ba) but it is not covered by the Clean Water Act. ***Water quality management area- ito ay governed by a board comprising of mayors, governors of member LGUs. So sabihin natin that this area is between 2 adjacent LGUs, yung mga mayors and governors diyan would compose the management board. And representatives of relevant national government agencies, duly registered non-governmental organization, water utility sector, and business sector. But I am not aware if merong ganyang board here in Davao city. ***Management of Non-attainment Areas- The DENR also identifies areas kung saan polluted na masyado and label it as NON-ATTAINMENT AREAS. Ano yung non-attainment areas? Yun yung mga areas which exceed the allowable standards or standards allowed by the law. Classification of Water according to quality: 1. Meron tayong CLASS AALike watersheds, pristine ang quality ng water nito. 2. CLASS A-For water supplies, puwede ito maging source of water supply for an entire community but it must treated

gaya ng DCWD. Dumadaan yan ng treatment. 3. CLASS B- When it says Class B it means for recreation such as bathing, swimming, etc. Those designated for tourism purposes. 4. CLASS C- It shall be for the propagation of other aquatic resources. Recreational water class like for boating etc. and for industrial supply. 5. CLASS DAgriculture, irrigation. Primarily for irrigation. Industrial water supply and cooling para sa cooling power for industrial purposes (?). 2006 Classification of Water bodies in Davao City: (Do you think the water quality has improved?) As of 2006 Davao city: a. Bunawan river- Class C b. Davao river (Up stream)-Class A c. Maa river(Down stream)- Class C d. Ilang river- Class C ***So wala tayong Class AA. SECTION 7. National Sewerage and Septage Management Program. ***So in Davao city wala tayong sewerage and septic system, kami sa Maynila meron yung Manila Waterworks and Sewerage System. Although the DPWH under the Clean Water Act is directed to prepare a national program on sewerage and septic management, I dont know again if we have that kind of program in Davao city, but one thing is sure we dont have such system so how can we have a program if we dont have a system. ***Theres a policy in the Laguna Lake, we have an authority there diba? LLDA. There is a program kung saan napupunta ito sa national water management fund but that is within LLDA but there is no such thing working here in Davaocity, yung policy na POLLUTERS SHALL PAY. If you pollute, you pay. In Laguna de Bay, maraming mga factories yung mga dumi nila dumidiretso sa Laguna de Bay. Now if you exceed the standards allowed by the law I mean the effluents, they pay. Hindi ka naman puwedeng mag-discharge ng effluents without a permit from the LLDA but in Davao city seems that those effluence from the factories did not passed itong waste water management. (For purposes of complying such permit, these factories have water sewage system. When the DENR inspects theres water sewage system but at the time the DENR turns its back in actual practice, di ginagamit niyan kasi it is very expensive to operate and maintain one pero titignan mo andyan yan.)

SECTION 12. Categories of Industry Sector. Within twenty-four (24) months from the effectivity of this Act, and every two (2) years thereafter, the Department shall, through due public consultation, revise and publish a list of categories of industry sector for which effluent standards will be provided for each significant wastewater parameter per industry sector.

The Department shall provide additional classification based on other parameters specifically associated to discharge of a particular industry which shall be included in the listing of categories prescribed in the preceding paragraph. ***If you are for example in a manufacturing industry, i-claclassify kayo or if you are an agricultural industry meron kayong sariling mga standards, the effluents or discharges which come from your factory would be regulated based on the standards and if you exceed the standards you will pay or if you violate later tignan ninyo ang mga penalties. ***Tignan ninyo-Laguna Lake Region and Regional Industrial Centres which will collect waste industrial charges. It yung tawag nila POLLUTERS SHALL PAY. SECTION 13. Wastewater Charge System. XXXX The system shall be established on the basis of payment to the government for discharging wastewater into the water bodies. XXXX ***It is not really, even if you do not exceed the standards for as long as you discharge water into the water body depending on the volume of waste more so if you exceed the standards then you have violated the law. So sasabihin nila you are allowed to discharge then you have the permit to discharge based on the volume mapupunta sa fund yan, anong purpose ng fund na yan? For rehabilitation purposes. ***Discharge permits, yan! The Department shall require owners or operators of facilities that discharge regulated effluents pursuant to this Act to secure a permit to discharge. ***So if you discharged without a permit you violate the law. SECTION 16. Clean-Up Operations. ***Kung may pollution na? Example, Oil Spill-The corporation who caused it or the owner of such oil, a tanker for example shall be responsible to contain, remove and clean-up any pollution incident at his own expense. Emergency clean-up operations shall be undertaken by DENR especially if the corporation has no capability of doing so but expenses incurred in said operations shall be reimbursed by the persons found to have caused such pollution upon proper administrative determination in accordance with this Act. ***How much did the Phoenix paid? When yung kanilang tank ay nasira, I think 1.2 Billion Pesos. But that is not enough to rehabilitate that area. This brings back to what happened in Guimaras. Ito yung aerial view, eto lang yung oil na nasadsad di pa talaga yun yung nangyari sa dagat, this would take 20 years to put back to its original state (Just imagine) You see the damage in the environment. ***Lead Agency: The DENR.

***What is the role of the LGUSs? Ang sinasabi is you share in the management and improvement of water quality within your territorial jurisdictions. SECTION 24. Pollution Development Programs. Research and

SECTION 25. Rewards. ***Bibigyan ka ng medalya ng gobyerno if you undertake outstanding and innovative projects, technologies, processes and techniques or activities in water quality management. ***Several years ago, I wrote an article about water sabi ko doon if you can put all potable water into a jar of water like a gallon of water, ilagay mo diyan lahat ng water only about a teaspoon of water ang potable, ganon lang ang ratio and if there would be a world war, it will not be about oil but about who will control water. Like 100 years from now pinag-aawayan na yang water actually kahit ngayon napaka-crucial nay an. If we will not do something about our sources of water, dito palang magpapatayan na yan. So fast forward ng 100 years more, you will not be surprise to see people around with masks. Nakamaskara na lahat so din a mag-matter kung pangit ka o maganda pati yung mga make-up. SECTION 27. Prohibited Acts. a) Discharging, depositing or causing to be deposited material of any kind directly or indirectly into the water bodies or along the margins of any surface water, where, the same shall be liable to be washed into such surface water, either by tide action or by storm, floods or otherwise, which could cause water pollution or impede natural flow in the water body; ***This is a very motherhood statement that would constitute discharge, anything that would constitute deposit, and anything that is considered materialkasali ang HUMAN WASTE. Yung sa Bankerohan, yung home along the river. Dumidiretso sa river tapos kinankain ng janitor fish tapos hinuhuli ng tao. You know in Manila, yung isang dinadaanan naming doon along the river, ang daming taong nag-fifishing, tapos sabi ko anong hinuhuli nila sabi ng kausap ko, janitor fish sabi ko diba sa aquarium lang yan. Tapos tanong ko ulit, anong ginagawa nila diyan? Ginagawa raw na pulutan. So kinakain nap ala ang mga Janitor fish ngayon sabi pa nga nila, sa mga palainum daw yan daw ang masarap na pulutan. So any discharge, so if you discharge you are already violating Sec. 27.Directly or indirectly, direst o ano ba (?)into the water bodies or along the margins of any surface water. b) Discharging, injecting or allowing to seep into the soil or sub-soil any substance in any form that would pollute groundwater. In the case of geothermal projects, and subject to the approval of the Department, regulated discharge for short- term activities (e.g. well testing, flushing, commissioning, venting) and deep re-injection of geothermal liquids may be allowed: Provided, That safety measures are

adopted to prevent the contamination of the groundwater; ***Biro niyo huh,di man lang sinabing knowingly, intentionally, walang sinasabi so like if you own a house in a subdivision along Dumoy, yang Dumoy ay part na ng aquifer, an aquifer is a source of water like the ones owned by DCWD then you have a septic tank but youre septic tank is not wellconstructed the water from the septic tank lalabas then it will seep in into the ground water so while you are sleeping di mo alam you are already violating the Clean Water Act kasi you are allowing these pollutants to seep into the ground water. Check your septic tanks huh! Baka nakakaviolate na kayo. c) Operating facilities that discharge regulated water pollutants without the valid required permits or after the permit was revoked for any violation of any condition therein; ***So here it is presumed that you really intentionally violated the law when you operate without a permit. d) Disposal of potentially infectious medical waste into sea water by vessels unless the health or safety of individuals on board the vessel is threatened by a great and imminent peril; ***Sea water was a big issue before yung sa Subic. Kasi isa sa mga provider sa port, yung mga provider ito yung kumukuha sa mga waste sa barko, nililinisan nila ang mga barko tapos itatapon nila pero yung provider dito pagkatapos niyag kunin yung mga basura dinala niya sa malayong part ng dagat tapos doon niya i-tinapon tapos nahuli siya pero mayroong underlying story doon yung nagsumbong is yung competing provider. So you know the motives. ***Tignan niyo ito huh sea water, sea water. Kapag sinabi niyong surface water it does not only covered rivers but it also covers oceans within our territorial jurisdiction, sea kasama ang sea waters. ***Actually kung ano yung mga prohibition dito, if you look at the Marine Pollution Decree halos pareho lang ng mga violation though yung nasa MPD is more specific sa sea water. e) Unauthorized transport or dumping into sea waters of sewage sludge or solid waste as defined under Republic Act No.9003; f) Transport, dumping or discharge of prohibited chemicals, substances or pollutants listed under Republic Act No.6969; g) Operate facilities that discharge or allow to seep, willfully or through gross negligence, prohibited chemicals, substances or pollutants listed under R. A. No. 6969 into water bodies or wherein the same shall be liable to be washed

into such surface, ground, coastal, and marine water; h) Undertaking activities or development and expansion of projects, or operating wastewater/sewerage facilities in violation of Presidential Decree. No.1586 and its implementing rules, and regulations; ***Ano ito? Yung EIS system. i) Discharging regulated water pollutants without the valid required discharge permit pursuant to this Act or after the permit was revoked for any violation of condition therein; j) Non-compliance of the LGU with the Water Quality Framework and Management Area Action Plan. In such a case, sanctions shall be imposed on the local government officials concerned; k) Refusal to allow entry, inspection and monitoring by the Department in accordance with this Act; l) Refusal to allow access by the Department to relevant reports and records in accordance with this Act; m) Refusal or failure to submit reports whenever required by the Department in accordance with this Act; ***klm-These would also constitute prohibitive acts. n) Refusal or failure to designate pollution control officers whenever required by, the Department in accordance with this Act; and ***PCOs ang tawag so lahat ng mga companies ngayon are required to employ an PCO or if that employees are connected with the firm he has to be designated as a PCO. Alam niyo malaking source of income I would also say if theres income theres also corruption dito sa Davao City you would ask saan napupunta yung pera? Because there is an organization usually naka-attach sa DENR then sila yung usually nag-conconduct ng mga seminars on regulations about the environmental management, pollution control, new memoranda from DENR kagaya ng MCLE because di ka puwedeng maging PCO if you are not accredited by DENR so dapat ka munang mag-seminar. I think 3 to 5 thousand peso every 4 months and if you think maraming PCOs so saan kaya napupunta ang pera di nila masagot yan. o) Directly using booster pumps in the distribution system or tampering with the water supply in such a way as to alter or impair the water quality. ***Bawal yung booster kasi kawawa naman yung kapitbahay mo kung gagamitan mo ng booster pump ang linya ng tubig.

***Talking about corruption, sabi nila without any offense which is the correct statement, half of the congressmen in the congress are like crocodiles or half of them are not crocodiles. Alin ang tamang statement doon? It is like saying is the glass of water half full or half empty. I will say, not all of them are not crocodiles kasi marami naming mga mababait. SECTION 28. Fines, Damages and Penalties. Unless otherwise provided herein, any person who commits any of the prohibited acts provided in the immediately preceding section or violates any of the provision of this Act or its implementing rules and regulations, shall be fined by the Secretary, upon the recommendation of the PAB in the amount of not less than Ten thousand pesos (P10,000.00) nor more than Two hundred thousand pesos (P200,000.00) for every day of violation. ***Kayang-kaya yang bayaran ng mga multinational companies. They would rather pay the fines than to maintain a water sewage facility. It would take millions of dollar to put up then to operate that facility than to pay the fine so it does not deter the provision of the violation (?). That the Secretary, upon recommendation of the PAB may order the closure, suspension of development or construction, or cessation of operations or, where appropriate disconnection of water supply, until such time that proper environmental safeguards are put in place and/or compliance with this Act or its rules and regulations are undertaken. This paragraph shall be without prejudice to the issuance of an ex parte order for such closure, suspension of development or construction, or cessation of operations during the pendency of the case. ***Ano yung PAB? Pollution Adjudication Board, it is an adjunct of DENR under the office of the Secretary. ***There are 2 instances where the PAB can issue the cease and desist order. Ano yunn? 1. When the effluents exceed the standards of the law and 2. If theres an imminent danger to persons, property or animals the PAB can immediately issue CDO. Failure to undertake clean-up operations, willfully, or through gross negligence, shall be punished by imprisonment of not less than two (2) years and not more than four (4) years and a fine not less than Fifty thousand pesos (P50,000.00) and not more than One hundred thousand pesos (P100,000.00) per day for each day of violation. Such failure or refusal which results in serious injury or loss of life and/or irreversible water contamination of surface, ground, coastal and marine water shall be punished with imprisonment of not less than six (6) years and one day and not more than twelve (12) years, and a fine of Five Hundred Thousand Pesos (P500,000.00) per day for each

day during which the contamination continues.

omission

and/or

***Failure to undertake clean-up operations- so what does this imply? So if theres an oil spill, you are not held criminally liable unless you intentionally fail to undertake clean-up operations. ***So anong ibig sabihin ng gross violation? a) deliberate discharge of toxic pollutants identified pursuant to Republic Act No.6969 in toxic amounts; b) five {5) or more violations within a period of two (2) years; (So it encourages repetition) or c) blatant disregard of the orders of the PAB, such as the non-payment of fines, breaking of seals or operating despite the existence of an order for closure, discontinuance or cessation of operation. ***Eto yung kanyang penalty kasi pangmalakihan na ito. In which case, offenders shall be punished with a fine of not less than Five hundred thousand pesos (P500,000.00) but not more than Three million pesos (P3,000,000.00} per day for each day of violation or imprisonment of not less than six {6) years but not more than ten {10) years, or both, at the discretion of the court. If the offender is a juridical person, the president, manager and the pollution control officer or the official in charge of the operation shall suffer the penalty herein provided. SECTION 29. Administrative Sanctions Against Non-compliance with the Water Quality Management Area Action Plan. - Local government officials concerned shall be subject to Administrative sanctions incase of failure to comply with their action plan accordance with the relevant provisions of R.A. No. 7160. ***Who is interested in this? SECTION 36. Effectivity. - This Act shall take effect fifteen (15) days from the date of its publication in the Official Gazette or in at least two (2) newspapers of general circulation.

(Ang sabi ni Sir PD 976 sa kanyang lecture pero iba ang PD 976 kasi it talks about soil management pero kapag tinignan niyo ang PD 979 mostly sa mga diniscuss niya ay galing sa PD 979.) PD 979: PROVIDING FOR THE REVISION OF PRESIDENTIAL DECREE NO. 600 GOVERNING MARINE POLLUTION This Decree shall be known as the Marine Pollution Decree of 1976.

made structures at sea and their equipment. c. "Oil" means oil of any kind or in any form including, but not limited to, petroleum, fuel oil, (***The term fuel oil in other countries they refer as diesel oil ) sludge, oil refuse, and oil mixed with wastes other than dredge spoil. d. "Navigable Waters" means the waters of the Philippines, including the territorial sea and inland waters which are presently, or be in the future susceptible for use by watercraft. ***Territorial sea nasa labas ng teritoryo natin and inland waters yung nasa pagitan ng mga isla kasali yan which which are presently, or be in the future susceptible for use by watercraft-so ginagamit na o puwedeng gamitin sa future. e. "Vessel" means every description of watercraft, or other artificial contrivance used, or capable of being used, as a means of transportation on water. f. "Person" includes any being, natural or juridical, susceptible of rights and obligations or of being the subject of legal relations. g. "Refuse" means garbage, waste, wood residues, sand, lime cinders ashes, offal, nightsoil, tar, dye staffs, acids, chemicals and substances other than sewage and industrial wastes that may cause pollution. ***Even though it is all embracing except industrial waste and sewage it is covered by other law. ***What are the prohibited acts? a. discharge, dump or suffer, permit the discharge of oil, noxious gaseous and liquid substances and other harmful substances from or out of any ship, vessel, barge, or any other floating craft, or other man-made structures at sea, by any method, means or manner, into or upon the territorial and inland navigable waters of the Philippines; b. throw, discharge or deposit, dump, or cause suffer or procure to be thrown, discharged, or deposited either from or out of any ship, barge, or other floating craft of vessel of any kind, or from the shore (***So nagtapon ka

***What is the policy of the state? To prevent and control the pollution of seas by the dumping of wastes and other matter which create hazards to human health, harm living resources and marine life, damage amenities, or interfere with the legitimate uses of the sea within the territorial jurisdiction of the Philippines. ***So at first glance, you can always see that Marine Pollution Decree covers seas but it also covers fresh waters like the navigable rivers. ***Definition of terms: a. "Discharge" includes, but is not limited to, any spilling, leaking, pumping, pouring, emitting, emptying or dumping but does not include discharge of effluents from industrial or manufacturing establishments, or mill of any kind. ***It does not include discharge of effluents from industrial or manufacturing establishments, or mill of any kind kasi covered na ito ng Clean Water Act. Yung mga effluents being discharged by the factories

b. "Dumping" means any deliberate disposal at sea and into navigable waters (***Ano yung ibig sabihin ng navbigable waters? These includes yung mga navigable rivers) of wastes or other matter from vessels, aircraft, platforms or other man-made structures at sea, including the disposal of wastes or other matter directly arising from or related to the exploration, exploitation and associated off-shore processing of sea bed mineral resources unless the same is permitted and/or regulated under this decree: Provided, That it does not mean a disposition of any effluent from any outfall structure to the extent that such disposition is regulated under the provisions of Republic Act Numbered Three Thousand Nine Hundred ThirtyOne, nor does it mean a routine discharge of effluent or other matter incidental to the propulsion of, or derived from the normal operations of vessels, aircraft, platforms or other man-

diyan sa shoreline, you have violated the Marine Pollution Decree), wharf, manufacturing establishment(***Except yung effluents), or mill of any kind, any refuse matter of any kind or description whatever other than that flowing from streets and sewers and passing therefrom in a liquid state into tributary of any navigable water from which the same shall float or be washed into such navigable water; and ***So again it gives us the impression that it covers also itong mga privitaries (?) Saan lalabas ba yung mga privitaries? Sa sea or sa river or any bodies of water. c. deposit or cause, suffer or procure to be deposited material of any kind in any place on the bank of any navigable water or on the bank of any tributary of any navigable water, where the same shall be liable to be washed into such navigable water, either by ordinary or high tides, or by storms or floods, or otherwise, whereby navigation shall or may be impeded or obstructed or increased the level of pollution of such water. ***Kahit anong itapon provided that kapag naghihigh tide nawawash-out away sa shore so have violated the law. ***So what are the exceptions? Except in cases of emergency imperilling life or property, or unavoidable accident, collision, or stranding or in any cases which constitute danger to human life or property or a real threat to vessels(***There is a term there, what is that? Jettison- you can throw away things to the sea. Do you think this would violate the law?) , aircraft, platforms, or other man-made structure, or if damping appears to be the only way of averting the threat and if there is probability that the damage consequent upon such dumping will be lees than would otherwise occur, and except as otherwise permitted by regulations prescribed by the National Pollution Control Commission or the Philippine Coast Guard. ***Penalties for violations-Fine -200 to 10 thousand pesos. Imprisonment- by imprisonment of not less than thirty days nor more than one year or both such fine and imprisonment, for each offense, without prejudice to the civil liability of the offender in accordance with existing laws. For vessels pareho lang, in addition clearance of such vessel from the port of the Philippines may be withheld until the fine is paid.

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

***So sabi ng PAB yun palang that is an eveidence itself that they have violate the standards for PAB to issue a CDO on the other hand Solar said that under the Board's own rules and regulations, an ex parte order may issue only if the effluents discharged pose an "immediate threat to life, public health, safety or welfare, or to animal and plant life." In the instant case, according to Solar, the inspection reports before the Board made no finding that Solar's wastewater discharged posed such a threat. ***In other words Solar says that PAB should prove that there is an immediate threat to immediate threat to life, public health, safety or welfare, or to animal and plant life. But since there is no proof of such the PAB cannot issue a CDO ex parte. Ruling: Sabi ng Supreme Court under Section 7(a) of P.D. No. 984, an ex parte cease and desist order may be issued by the Board (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 (b) whenever such discharges or wastes exceed "the allowable standards set by the [NPCC]." Sabi ng SC 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 if the Board finds that the wastes discharged do exceed "the allowable standards set by the [NPCC]. ***So if you exceed the allowable standards set by law that is enough basis to issue a CDO. So eto naman, Where, however, the effluents or discharges have not yet been the subject matter of allowable standards set by the Commission, then the Board may act on an 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 Commission 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. ***So walang standards gamitin niyo lang yung ordinary prudence xxx then you can issue a CDO. ***So the next case, Mead vs Argel, this is also a very interesting case. Now if you are found to violate an environmental law, does the fiscal has the jurisdiction to file an action against you? ***So yung kanyang kaso is for the violation of RA 3931(Pollution Control Law). The information

states, willfully, unlawfully and feloniously drain or otherwise dispose into the highway canal and/or cause, permit, suffer to be drained or allow to seep into such waterway the industrial and other waste matters discharged due to the operation of the said Insular Oil Refinery Co. so managed and operated by them, thereby causing pollution of such waterway with the resulting damage and/or destruction to the living plants in the vicinity and providing hazard to health and property in the same vicinity. ***Yun yung finile ng fiscal kasi theres a probable cause for the violation of the said law. ***Sabi ng SC the 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 or of those sitting in a court of justice. ***Sino ang magsasabing pollution na yan? Sino ang nagca-cause ng pollution, ang sabi ng SC before maghain ng kaso there must be first a determination of competent authorities or by experts that such discharge causes pollution or resulted into pollution but who can say that? Sabin g SC- It is our considered view that the Provincial Fiscal of Rizal lacked the authority to file the information charging the petitioner with a violation of the provisions of Republic Act No. 3931 there being no prior finding(***There is a need for a prior finding) or determination by the Commission that the act of the petitioner had caused pollution in any water or atmospheric air of the Philippines. ***This is a ---parang kasama ang decision na ito yung such certain pollution na hindi mo alam kung ano yung dinidischarge, what if yung makikita mo yung oil sludge or oil spill, do you still have to go NPCC or PAB? To determine the existence of the pollution. Lalo ng yung oil spill- Eh namatay na yung mga corals, yung mga animals, yung mga kahoy like the Guimaras oil spill. So it means that you cant file directly before the fiscals office then the fiscal will file a complaint without a prior determination that theres pollution prior to the filing. Mahirap itong kasong ito, what is the effect therefore if we follow this pronouncement of SC of filing without prior determination of the existence of such pollution-the case is premature it will result to the dismissal the case. Moreover, it is not to be understood, however, that a fiscal or public prosecutor may not file an information for a violation of the said law at all. He may do so if the Commission had made a finding or determination that the law or any of its orders had been violated. In the criminal case presently considered, there had been no prior determination by the Commission that the supposed acts of the petitioner had caused pollution to any water of the Philippines. The filing of the information for the violation of Section 9 of the law is, therefore, premature and unauthorized. Concommittantly, the respondent Judge is without jurisdiction to take cognizance of the offense charged therein. ***That is the pronouncement of the SC.

***So the next case, Technology Developers Inc. vs Court of Appeals. This is also a very nice case. The authority of the local executive to protect the community from pollution is the center of this controversy. The Petitioner, a domestic private corporation engaged in the manufacture and export of charcoal briquette, received a letter dated February 16, 1989 from private respondent acting mayor Pablo N. Cruz, ordering to cease from operating sa Bulacan pala ito until further notice. The letter likewise requested Plant Manager Mr. Armando Manese to bring with him to the office of the mayor on February 20, 1989 the following: a) Building permit; b) Mayor's permit; c) Region III-Pollution of Environment and Natural Resources Anti-Pollution Permit; and of other document. ***Kasi yung kanilang planta maraming nagrereklamo.So isinumbong then pinuntahan tapos na-confirm nila then they ordered for the cessation kasi ang sabi rin ng mayor wala akong matandaang nag-issue ako mayors permit para diyan. At the requested conference on February 20, 1989, petitioner, through its representative, undertook to comply with respondent's request for the production of the required documents. In compliance with said undertaking, petitioner commenced to secure "Region III-Department of Environmental and Natural Resources AntiPollution Permit," although among the permits previously secured prior to the operation of petitioner's plant was a "Temporary Permit to Operate Air Pollution Installation" issued by the then National Pollution Control Commission (now Environmental Management Bureau) (***Pero nag-expire na yan)and is now at a stage where the Environmental Management Bureau is trying to determine the correct kind of antipollution devise to be installed as part of petitioner's request for the renewal of its permit. Petitioner's attention having been called to its lack of mayor's permit, it sent its representatives to the office of the mayor to secure the same but were not entertained. ***Ang nangyari sa Artica Sports dome when the construction started, it started without complying the EIS system then it came up such time when a case was filed against the city mayor and other individuals. Ako kasi yung counsel ni Mayor ang sabi ko we should file for a CNC kasi di naman kasali ang mga LGUs diyan eh but tinanggihan ng DENR so nag-file kami ng case then umabot na sa SC after many pleadings the SC finally decided that kasali ang mga LGUs. Pero hindi na kailangang kumuha ng ECC for the said project kasi di naman siya environmentally critical project at hindi siya ginawa in an environmentally critical area pero sadly hindi siya itinuloy. xxxxxxxxxxxxx

On April 6, 1989, without previous and reasonable notice upon petitioner, respondent acting mayor ordered the Municipality's station commander to padlock the premises of petitioner's plant, thus effectively causing the stoppage of its operation. Left with no recourse, petitioner instituted an action for certiorari, prohibition, mandamus with preliminary injunction against private respondent with the court a quo which is presided by the respondent judge. In its prayer for the issuance of a writ of preliminary mandatory injunction, it alleged therein that the closure order was issued in grave abuse of discretion. The respondent judge, April 19, 1989, found that petitioner is entitled to the issuance of the writ of preliminary mandatory injunction. But after re-assessing the evidences the lower court, on June 14, 1989, issued an order (a) setting aside the order dated April 28, 1989, which granted a Writ of Preliminary Mandatory Injunction, and (b) dissolving the writ consequently issued. A motion for reconsideration dated July 6, 1989 was filed by petitioner. Said motion drew an opposition dated July 19, 1989 from private respondent. But the CA affirmed the decision of the LC. Hence this petition, the petition is devoid of merit because of these reasons among others, ***So itong dalawang reason ang pinakamabigat pero meron pa talagang iba: 1. No mayor's permit had been secured. 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 the then National Pollution Control Commission of the Ministry of Human Settlements, now the Environmental Management Bureau of the Department of Environment and Natural Resources, it must be recognized that the mayor of a town has as much responsibility to protect its inhabitants from pollution, and 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 in the operation of the business (***So hindi mo puwedeng sabihin that mayor you cant do that kasi walang prior dtermination kasi sabi ng SC the mayor of a town has as much responsibility to protect its inhabitants from pollution, and 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 in the operation of the business).

***So if theres pollution in your area kung gusto niyong magreklamo you can go directly to your mayor then isumbong niyo. Paano kung merong Mayors permit? Puwede naman yang i-suspend or ipa-close kasi nga all forms of pollution is considered as nuisance which can be abated judicially or extra-judicially. 2. The Acting Mayor, in a letter of February 16, 1989, called the attention of petitioner to the pollution emitted by the fumes of its plant whose offensive odor "not only pollute the air in the locality but also affect the health of the residents in the area," so that petitioner was ordered to stop its operation until further orders and it was required to bring the following: (1) Building permit; (2) Mayor's permit; and (3) Region III-Department of Environment and Natural Resources Anti-Pollution permit. The petitioner takes note of the plea of petitioner focusing on its huge investment in this dollar-earning industry. ***Sabin g SC we are aware of that- It must be stressed however, that concomitant with 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. ***So hindi na yung importante ang investment kasi mas importante ang buhay ng mga tao.