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PRESIDENTIAL DECREE No.

1151
PHILIPPINE ENVIRONMENTAL POLICY
WHEREAS, the individual and, at times, conflicting, demands of population growth, urbanization, industrial
expansion, rapid natural resources utilization and increasing technological advances have resulted in a piecemealapproach concept of environmental protection;
WHEREAS, such tunnel-vision concept is not conducive to the attainment of an ideal environmental situation where
man and nature can thrive in harmony with one another; and
WHEREAS, there is now an urgent need to formulate an intensive, integrated program of environmental protection
that will bring about a concerted effort towards the protection of the entire spectrum of the environment through a
requirement of environmental impact assessments and statements:
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me
by the Constitution, do hereby order and decree:
Section 1. Policy. It is hereby declared a continuing policy of the State (a) to create, develop, maintain and improve
conditions under which man and nature can thrive in productive and enjoyable harmony with each other, (b) to fulfill
the social, economic and other requirements of present and future generations of Filipinos, and (c) to insure the
attainment of an environmental quality that is conducive to a life of dignity and well-being.
Section 2. Goal. In pursuing this policy, it shall be the responsibility of the Government, in cooperation with
concerned private organizations and entities, to use all practicable means, consistent with other essential
considerations of national policy, in promoting the general welfare to the end that the Nation may (a) recognize,
discharge and fulfill the responsibilities of each generation as trustee and guardian of the environment for succeeding
generations, (b) assure the people of a safe, decent, healthful, productive and aesthetic environment, (c) encourage
the widest exploitation of the environment without degrading it, or endangering human life, health and safety or
creating conditions adverse to agriculture, commerce and industry, (d) preserve important historic and cultural
aspects of the Philippine heritage, (e) attain a rational and orderly balance between population and resource use, and
(f) improve the utilization of renewable and non-renewable resources.
Section 3. Right to a Healthy Environment. In furtherance of these goals and policies, the Government recognizes
the right of the people to a healthful environment. It shall be the duty and responsibility of each individual to contribute
to the preservation and enhancement of the Philippine environment.
Section 4. Environmental Impact Statements. Pursuant to the above enunciated policies and goals, all agencies and
instrumentalities of the national government, including government-owned or controlled corporations, as well as
private corporations firms and entities shall prepare, file and include in every action, project or undertaking which
significantly affects the quality of the environment a detail statement on
(a) the environmental impact of the proposed action, project or undertaking
(b) any adverse environmental effect which cannot be avoided should the proposal be implemented;
(c) alternative to the proposed action;
(d) a determination that the short-term uses of the resources of the environment are consistent with the
maintenance and enhancement of the long-term productivity of the same; and

(e) whenever a proposal involve the use of depletable or non-renewable resources, a finding must be made
that such use and commitment are warranted.
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.
PRESIDENTIAL DECREE No. 1586
ESTABLISHING AN ENVIRONMENTAL IMPACT STATEMENT SYSTEM, INCLUDING OTHER ENVIRONMENTAL
MANAGEMENT RELATED MEASURES AND FOR OTHER PURPOSES
Section 2. Environmental Impact Statement System. There is hereby established an Environmental Impact
Statement System founded and based on the environmental impact statement required, under Section 4 of
Presidential Decree No. 1151, of all agencies and instrumentalities of the national government, including governmentowned or controlled corporations, as well as private corporations, firms and entities, for every proposed project and
undertaking which significantly affect the quality of the environment.
Section 4. Presidential Proclamation of Environmentally Critical Areas and Projects. The President of the Philippines
may, on his own initiative or upon recommendation of the National Environmental Protection Council, by proclamation
declare certain projects, undertakings or areas in the country as environmentally critical. No person, partnership or
corporation shall undertake or operate any such declared environmentally critical project or area without first securing
an Environmental Compliance Certificate issued by the President or his duly authorized representative. For the
proper management of said critical project or area, the President may by his proclamation reorganize such
government offices, agencies, institutions, corporations or instrumentalities including the re-alignment of government
personnel, and their specific functions and responsibilities.
For the same purpose as above, the Ministry of Human Settlements shall: (a) prepare the proper land or water use
pattern for said critical project(s) or area (s); (b) establish ambient environmental quality standards; (c) develop a
program of environmental enhancement or protective measures against calamituous factors such as earthquake,
floods, water erosion and others, and (d) perform such other functions as may be directed by the President from time
to time.
Section 5. Environmentally Non-Critical Projects. All other projects, undertakings and areas not declared by the
President as environmentally critical shall be considered as non-critical and shall not be required to submit an
environmental impact statement. The National Environmental Protection Council, thru the Ministry of Human
Settlements may however require non-critical projects and undertakings to provide additional environmental
safeguards as it may deem necessary.
Section 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.

PROCLAMATION NO. 2146


[DECEMBER 14, 1981]
PROCLAIMING CERTAIN AREAS AND TYPES OF PROJECTS AS ENVIRONMENTALLY CRITICAL AND WITHIN
THE SCOPE OF THE ENVIRONMENTAL IMPACT STATEMENT SYSTEM ESTABLISHED UNDER PRESIDENTIAL
DECREE NO. 1586.

WHEREAS, it is the national policy to attain and maintain a rational and orderly balance between socioeconomic growth and environmental conservation and protection;

WHEREAS, there is an urgent need to bring about an intensive, integrated program of environmental
protection through a requirement of environmental impact assessments and statements;

WHEREAS, the environmental impact statement system established under Presidential Decree No. 1586
calls for the proper management of environmentally critical area,

WHEREAS, the pursuit of a comprehensive and integrated environmental protection program necessitates
the establishment and institutionalization of a system whereby the exigencies of socio-economic
undertakings can be reconciled with the requirements of environmental protection and conservation;

WHEREAS, the national leadership mandates the establishment of such a system to regulate and minimize
the environmental impacts of projects and undertakings which may significantly affect the quality of the
environment in Presidential Decree No. 1586, and

WHEREAS, in the effective implementation of such a system, there arises the need to identify and declare
certain projects determined to be environmentally critical.

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers
vested in me by law, hereby proclaim the following areas and types of projects as environmentally critical
and within the scope of the Environmental Impact Statement System.
A. Environmentally Critical Projects
I. Heavy Industries
a.Non-ferrous metal industries
b. Iron and steel mills
c.Petroleum and petro-chemical industries including oil and gas
d. Smelting plants
II. Resource Extractive Industries
a.Major mining and quarrying projects
b. Forestry projects
1. Logging
2. Major wood processing projects
3. Introduction of fauna (exotic-animals) in public/private forests
4. Forest occupancy
5.Extraction of mangrove products
6. Grazing
c. Fishery Projects
1. Dikes for fishpond development projects

III. Infrastructure Projects


a. Major dams
b. Major power plants (fossil-fueled, nuclear fueled, hydroelectric or geothermal)
c. Major reclamation projects
d. Major roads and bridges.
B. Environmentally Critical Areas
1. All areas declared by law as national parks, watershed reserves, wildlife preserves and sanctuaries;
2. Areas set aside as aesthetic potential tourist spots;
3. Areas which constitute the habitat for any endangered or threatened species of indigenous Philippine
Wildlife (flora and fauna);
4. Areas of unique historic, archaeological , or scientific interests;
5. Areas which are traditionally occupied by cultural communities or tribes;
6. Areas frequently visited and/or hard-hit by natural calamities geologic hazards, floods, typhoons, volcanic
activity, etc.
7. Areas with critical slopes;
8. Areas classified as prime agricultural lands;
9. Recharged areas of aquifers;
10. Water bodies characterized by one or any combination of the following conditions;;
a. tapped for domestic purposes;;
b. within the controlled and/or protected areas declared by appropriate authorities;
c. which support wildlife and fishery activities.
11. Mangrove areas characterized by one or any combination or the following conditions:

chanroblesv irtuallawlibrary

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 reef characterized by one or any combination of the following conditions:

chanroblesvirtuallaw library

a. with 50% and above live coralline cover;


b. Spawning and nursery grounds for fish;
c. Which act as natural breakwater of coastlines.
This Proclamation shall take effect immediately.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the Republic of the
Philippines to be affixed.
Done in the City of Manila, this 14th day of December, in the year of Our Lord, nineteen hundred and eighty
one.

chanrobles virtualaw library

(SGD.) FERDINAND E. MARCOS


President of the Philippines
By the President:
chanroblesvirtuallaw library

JUAN C. TUVERA
Presidential Executive Assistant

Boracay Foundation, Inc. v. Province of Aklan


G.R. No. 196870, June 26, 2012

FACTS:
Claiming that tourist arrivals to Boracay would reach 1 million in the future, respondent Province
of Aklan planned to expand the port facilities at Barangay Caticlan, Municipality of Malay. Thus, on May 7,
2009, the Sangguniang Panlalawigan of Aklan Province issued a resolution, authorizing Governor Carlito
Marquez to file an application with respondent Philippine Reclamation Authority (PRA) to reclaim the 2.64
hectares of foreshore area in Caticlan. In the same year, the Province deliberated on the possible
expansion from its original proposed reclamation area of 2.64 hectares to forty (40) hectares in order to
maximize the utilization of its resources.
After PRAs approval, on April 27, 2010, respondent Department of Environment and Natural
Resources-Environmental Management Bureau-Region VI (DENR-EMB RVI) issued to the Province
Environmental Compliance Certificate-R6-1003-096-7100 (the questioned ECC) for Phase 1 of the
Reclamation Project to the extent of 2.64 hectares to be done along the Caticlan side beside the existing
jetty port.
On May 17, 2010, the Province finally entered into a MOA with PRA which stated that the land
use development of the reclamation project shall be for commercial, recreational and institutional and
other applicable uses. It was at this point that the Province deemed it necessary to conduct a series of
public consultation meetings.
On the other hand, the Sangguniang Barangay of Caticlan, the Sangguniang Bayan of the
Municipality of Malay and petitioner Boracay Foundation, Inc. (BFI), an organization composed of some
160 businessmen and residents in Boracay, expressed their strong opposition to the reclamation project
on environmental, socio-economic and legal grounds.
Despite the opposition, the Province merely noted their objections and issued a notice to the
contractor on December 1, 2010 to commence with the construction of the project. Thus, on June 1, 2011,
BFI filed with the Supreme Court the instant Petition for Environmental Protection Order/Issuance of the
Writ of Continuing Mandamus. Thereafter, the Court issued a Temporary Environmental Protection Order
(TEPO) and ordered the respondents to file their respective comments to the petition.
The Petition was premised on the following grounds, among others:
a) the Province failed to obtain the favorable endorsement of the LGU concerned;
b) the Province failed to conduct the required consultation procedures as required by the Local
Government Code (LGC).
The Province responded by claiming that its compliance with the requirements of DENR-EMB
RVI and PRA that led to the approval of the reclamation project by the said government agencies, as well
as the recent enactments of the Barangay Council of Caticlan and the Sangguniang Bayan of the
Municipality of Malay favorably endorsing the said project, had categorically addressed all the issues
raised by the BFI in its Petition. It also considered the Petition to be premature for lack of cause of action
due to the failure of BFI to fully exhaust the available administrative remedies even before seeking judicial
relief.

ISSUES:

WON the petition is premature because petitioner failed to exhaust administrative remedies
before filing this case?
WON there was proper, timely, and sufficient public consultation for the project?

RULING:
On the issue of prematurity due to failure to exhaust administrative remedies
The Court held that the petition is not premature for failing to exhaust administrative remedies
and to observe the hierarchy of courts as claimed by the respondents.
The Court reiterated their ruling in Pagara v. Court of Appeals where they clarified that the rule
regarding exhaustion of administrative remedies is not a hard and fast rule. It is not applicable where,
among others, there are circumstances indicating the urgency of judicial intervention such as in the
instant case. The rule may also be disregarded when it does not provide a plain, speedy and adequate
remedy or where the protestant has no other recourse.
Meanwhile, the new Rules of Procedure for Environmental Cases, A.M. No. 09-6-8-SC, provides
a relief for petitioner under the writ of continuing mandamus, which is a special civil action that may be
availed of to compel the performance of an act specifically enjoined by law and which provides for the
issuance of a TEPO as an auxiliary remedy prior to the issuance of the writ itself.
The writ of continuing mandamus allows an aggrieved party to file a verified petition in the proper
court when any government agency or instrumentality or officer thereof unlawfully neglects the
performance of an act which the law specifically enjoins as a duty xxx in connection with the enforcement
or violation of an environmental law rule or regulation or a right therein, xxx and there is no other plain,
speedy and adequate remedy in the ordinary course of law. Such proper court may be the Regional Trial
Court exercising jurisdiction over the territory where the actionable neglect or omission occurred, the
Court of Appeals, or the Supreme Court.
Here, the Court found that BFI had no other plain, speedy, or adequate remedy in the ordinary
course of law to determine the questions of unique national and local importance raised that pertain to
laws and rules for environmental protection.
Moreover, the writ of continuing mandamus permits the court to retain jurisdiction after judgment
in order to ensure the successful implementation of the reliefs mandated under the courts decision and,
in order to do this, the court may compel the submission of compliance reports from the respondent
government agencies as well as avail of other means to monitor compliance with its decision.

On the issue of whether or not there was proper, timely, and sufficient public consultation for the
project
The Court found that there was no proper, timely, and sufficient public consultation for the project.
The Local Government Code (LGC) establishes the duties of national government agencies in the
maintenance of ecological balance and requires them to secure prior public consultations and approval of
local government units. In Province of Rizal v. Executive Secretary, the Court emphasized that, under the

Local Government Code, two requisites must be met before a national project that affects the
environmental and ecological balance of local communities can be implemented: (1) prior consultation
with the affected local communities, and (2) prior approval of the project by the appropriate sanggunian.
The absence of either of such mandatory requirements will render the projects implementation as illegal.
Here, the Court classified the reclamation project as a national project since it affects the
environmental and ecological balance of local communities. In one ruling, the Court noted that such
national projects mentioned in Section 27 of the LGC include those that may cause pollution and bring
about climate change, among others, such as the reclamation project in this case.
Also, DENR DAO 2003-30 provides that project proponents should initiate public consultations
early in order to ensure that environmentally relevant concerns of stakeholders are taken into
consideration in the EIA study and the formulation of the management plan.
Thus, the law requires the Province, being the delegate of the PRAs power to reclaim land in this
case, to conduct prior consultations and prior approval. However, the information dissemination
conducted months after the ECC had already been issued was insufficient to comply with the
requirements under the LGC.
Furthermore, the lack of prior public consultation and approval is not corrected by the subsequent
endorsement of the reclamation project by the Sangguniang Barangay of Caticlan and the Sangguniang
Bayan in 2012, which were both undoubtedly achieved at the urging and insistence of the Province.
Special People Inc. Foundation vs. Nestor Canda, et al
(G.R. No. 160932, January 14, 2013)

Facts: Special People Inc. Foundation (SPIF) was a proponent of a water-resource development and
utilization project in Bohol that would involve the tapping and purifying of water from the Loboc River, and
the distribution of the purified water to the residents of Loboc and six other municipalities. SPIF applied for
a Certificate of Non-Coverage (CNC) with the Environmental Management Bureau (EMB) of the DENR,
Region 7, seeking to be exempt from the requirement of the Environmental Compliance Certificate (ECC)
under Section 4 of Presidential Decree No. 1586. Upon evaluating the nature and magnitude of the
environmental impact of the project, Nestor M. Canda, then Chief of EMB in Bohol, rendered his findings
that the project is located within a critical area; hence, Initial Environmental Examination is required. SPIF
appealed Candas findings to EMB RD Lipayon, claiming that it should also be issued a CNC because the
project was no different from the Loboc-Loay waterworks project of the DPWH that had recently been
issued a CNC. RD Lipayon notified SPIF that its documents substantially complied with the procedural
aspects of the EMBs review, and Later on, RD Lipayon informed the SPIF that an Initial Environmental
Examination documents was required for the project due to its significant impact in the area to determine
whether the project was within an environmentally critical area or not, one of which is a Certification from
PHIVOLCS that the area was not subjected to earthquakes of at least intensity VII in the Rossi-Forel
scale or its equivalent during the period of 1949 until the year 2001 to which the SPIF complied. However,
due to the tenor of the certification from PHIVOLCS, RD Lipayon declared that the project was within an
environmentally critical area, and that the petitioner was not entitled to the CNC. SPIF filed a petition for
mandamus and damages in the RTC in Loay, Bohol, alleging that it was now entitled to a CNC as a
matter of right after having complied with the certification requirements; and that the EMB had earlier
issued a CNC to the DPWH for a similar waterworks project in the same area.

The trial court dismissed the petition for mandamus ruling that the RTC would not interfere with the
primary prerogative of the EMB to review the merits of the petitioners application for the CNC. Hence,
this appeal brought directly to the Court via petition for review on certiorari.
Issues: 1. Whether or not the appeal directly to the Supreme Court from the RTC was proper
2. Whether or not the petition for mandamus was the correct recourse

Rulings:
1.Petitioners appeal is improper under Rule 45, Rules of Court. This appeal by certiorari is being taken
under Rule 45, Rules of Court, whose Section 1 expressly requires that the petition shall raise only
questions of law which must be distinctly set forth. Yet, the petitioner hereby raises a question of fact
whose resolution is decisive in this appeal. That issue of fact concerns whether or not the petitioner
established that its project was not located in an environmentally critical area. For this reason, the Court is
constrained to deny due course to the petition for review. It is a settled rule, indeed, that in the exercise of
our power of review, the Court is not a trier of facts and does not normally undertake the re-examination
of the evidence presented by the contending parties during the trial of the case.
2. Mandamus was an improper remedy for petitioner. The Supreme Court dismissed the recourse
because the SPIF failed to exhaust the available administrative remedies, and because it failed to show
that it was legally entitled to demand the performance of the act by the respondents.

Held: The peremptory writ of mandamus is an extraordinary remedy that is issued only in extreme
necessity, and the ordinary course of procedure is powerless to afford an adequate and speedy relief to
one who has a clear legal right to the performance of the act to be compelled.
Republic Act No. 9275

March 22, 2004

AN ACT PROVIDING FOR A COMPREHENSIVE WATER QUALITY MANAGEMENT AND FOR OTHER
PURPOSES
SECTION 3. Coverage of the Act. - This Act shall apply to water quality management in all water bodies: Provided,
That it shall primarily apply to the abatement and control of pollution from land based sources: Provided, further, That
the water quality standards and regulations and the civil liability and penal provisions under this Act shall be enforced
irrespective of sources of pollution.
SECTION 4. Definition of Terms. - As used in this Act:
h) Contamination - means the production of substances not found in the natural composition of water that make the
water less desirable or unfit desirable or unfit for intended use.
j) Discharge includes, but is not limited to, the act of spilling, leaking, pumping, pouring, emitting, emptying, releasing
or dumping of any material into a water body or onto land from which it might flow or drain into said water.
l) Dumping - means any unauthorized or illegal disposal into any body of water or land of wastes or toxic or
hazardous material: Provided, That it does not mean a release of effluent coming from commercial, industrial, and
domestic sources which are within the effluent standards.

bb) Pollutant- shall refer to any substance, whether solid, liquid, gaseous or radioactive, which directly or indirectly:
(i) alters the quality of any segment of the receiving water body to affect or tend to affect adversely any
beneficial use thereof;
(ii) is hazardous or potential hazardous to health;
(iii) imparts objectionable odor, temperature change, or physical, chemical or biological change to any
segment of the water body; or
(iv) is in excess of the allowable limits, concentrations, or quality standards specified, or in contravention of
the condition, limitation or restriction prescribed in this Act.
pp) Water Pollution - means any alteration of the physical, chemical, biological, or radiological properties of a water
body resulting in the impairment of its purity or quality.
SECTION 15. Financial Liability for Environmental Rehabilitation. - The Department shall require program and
project proponents to put up environmental guarantee fund {EGF) as part of the environmental management plan
attached to the environmental compliance certificate pursuant to Presidential Decree No.1586 and its implementing
rules and regulations. The EGF shall finance the maintenance of the health of the ecosystems and specially the
conservation of watersheds and aquifers affected by the development, and the needs of emergency response, cleanup or rehabilitation of areas that may be damaged during the program's or project's actual implementation. Liability for
damages shall continue even after the termination of a program or project and, until the lapse of a given period
indicated in the environmental compliance certificate, as determined by the Department. The EGF may be in the form
of a trust fund, environmental insurance, surety bonds, letters of credit, self-insurance and any other instruments
which may be identified by the Department. The choice of the guarantee instrument or combinations thereof shall
depend, among others, on the assessment of the risks involved and financial test mechanisms devised by the
Department. Proponents required to put up guarantee instruments shall furnish the Department with evidence of
availment of such instruments from accredited financial instrument providers.
SECTION 16. Clean-Up Operations. - Notwithstanding the provisions of Sections 15 and 26 hereof, any person who
causes pollution in or pollutes water bodies in excess of the applicable and prevailing standards shall be responsible
to contain, remove and clean-up any pollution incident at his own expense to the extent that the same water bodies
have been rendered unfit for utilization and beneficial use: Provided, That in the event emergency clean-up
operations are necessary and the polluter fails to immediately undertake the same, the Department, in coordination
with other government agencies concerned, shall conduct containment, removal and clean-up operations. 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. Reimbursements of the cost incurred shall be made to the
Water Quality Management Fund or to such other funds where said disbursements were sourced.
SECTION 17. Programmatic Environmental Impact Assessment. - The Department shall implement programmatic
compliance with the environmental impact assessment system, as in the following types of development:
a) development consisting of a series of similar projects, or a project subdivided into several phases and/or
stages whether situated in a contiguous area or geographically dispersed; and
b) development consisting of several components or a cluster of projects co-located in an area such as an
industrial estate, an export processing zone, or a development zone identified in a local land use plan.
Programmatic compliance with the environmental impact assessment system shall be guided by carrying capacity
assessments determined from ecological profiles. Ecological profiles shall Identify environmental constraints and
opportunities in programmatic areas. Programmatic assessment shall also take into account cumulative impacts and
risks.
Consistent with the provisions of the Local Government Code, the Department may enter into agreement with LGUs
to incorporate programmatic environmental impact assessment into the preparation, updating or revision of local land
use plans and area development plans.

SECTION 27. Prohibited Acts. - The following acts are hereby prohibited:
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;
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;
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;
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;
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;
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;
n) Refusal or failure to designate pollution control officers whenever required by, the Department in
accordance with this Act; and
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.
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.

SECTION 30. Administrative Action. - Without prejudice to the right of any affected person to file an administrative
action, the Department shall, on its own instance or upon verified complaint by any person, institute administrative
proceedings in the proper forum against any person who violates:
a) Standards or limitations provided by this Act; or
b) By any such order, rule or regulation issued by the Department with respect to such standard or limitation.
G.R. Nos. 171947-48

February 15, 2011

METROPOLITAN MANILA DEVELOPMENT AUTHORITY, DEPARTMENT OF ENVIRONMENT AND NATURAL


RESOURCES, DEPARTMENT OF EDUCATION, CULTURE AND SPORTS,1 DEPARTMENT OF HEALTH,
DEPARTMENT OF AGRICULTURE, DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS, DEPARTMENT OF
BUDGET AND MANAGEMENT, PHILIPPINE COAST GUARD, PHILIPPINE NATIONAL POLICE MARITIME
GROUP, and DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT, Petitioners,
vs.
CONCERNED RESIDENTS OF MANILA BAY, represented and joined by DIVINA V. ILAS, SABINIANO
ALBARRACIN, MANUEL SANTOS, JR., DINAH DELA PEA, PAUL DENNIS QUINTERO, MA. VICTORIA
LLENOS, DONNA CALOZA, FATIMA QUITAIN, VENICE SEGARRA, FRITZIE TANGKIA, SARAH JOELLE
LINTAG, HANNIBAL AUGUSTUS BOBIS, FELIMON SANTIAGUEL, and JAIME AGUSTIN R.
OPOSA,Respondents.
RESOLUTION
VELASCO, JR., J.:
On December 18, 2008, this Court rendered a Decision in G.R. Nos. 171947-48 ordering petitioners to clean up,
rehabilitate and preserve Manila Bay in their different capacities. The fallo reads:
WHEREFORE, the petition is DENIED. The September 28, 2005 Decision of the CA in CA-G.R. CV No. 76528 and
SP No. 74944 and the September 13, 2002 Decision of the RTC in Civil Case No. 1851-99 are AFFIRMED but with
MODIFICATIONS in view of subsequent developments or supervening events in the case. The fallo of the RTC
Decision shall now read:
WHEREFORE, judgment is hereby rendered ordering the abovenamed defendant-government agencies to clean up,
rehabilitate, and preserve Manila Bay, and restore and maintain its waters to SB level (Class B sea waters per Water
Classification Tables under DENR Administrative Order No. 34 [1990]) to make them fit for swimming, skin-diving,
and other forms of contact recreation.
In particular:
(1) Pursuant to Sec. 4 of EO 192, assigning the DENR as the primary agency responsible for the
conservation, management, development, and proper use of the countrys environment and natural
resources, and Sec. 19 of RA 9275, designating the DENR as the primary government agency responsible
for its enforcement and implementation, the DENR is directed to fully implement its Operational Plan for the
Manila Bay Coastal Strategy for the rehabilitation, restoration, and conservation of the Manila Bay at the
earliest possible time. It is ordered to call regular coordination meetings with concerned government
departments and agencies to ensure the successful implementation of the aforesaid plan of action in
accordance with its indicated completion schedules.
(2) Pursuant to Title XII (Local Government) of the Administrative Code of 1987 and Sec. 25 of the Local
Government Code of 1991, the DILG, in exercising the Presidents power of general supervision and its duty
to promulgate guidelines in establishing waste management programs under Sec. 43 of the Philippine
Environment Code (PD 1152), shall direct all LGUs in Metro Manila, Rizal, Laguna, Cavite, Bulacan,
Pampanga, and Bataan to inspect all factories, commercial establishments, and private homes along the
banks of the major river systems in their respective areas of jurisdiction, such as but not limited to the PasigMarikina-San Juan Rivers, the NCR (Paraaque-Zapote, Las Pias) Rivers, the Navotas-Malabon-TullahanTenejeros Rivers, the Meycauayan-Marilao-Obando (Bulacan) Rivers, the Talisay (Bataan) River, the Imus

(Cavite) River, the Laguna De Bay, and other minor rivers and waterways that eventually discharge water
into the Manila Bay; and the lands abutting the bay, to determine whether they have wastewater treatment
facilities or hygienic septic tanks as prescribed by existing laws, ordinances, and rules and regulations. If
none be found, these LGUs shall be ordered to require non-complying establishments and homes to set up
said facilities or septic tanks within a reasonable time to prevent industrial wastes, sewage water, and
human wastes from flowing into these rivers, waterways, esteros, and the Manila Bay, under pain of closure
or imposition of fines and other sanctions.
(3) As mandated by Sec. 8 of RA 9275, the MWSS is directed to provide, install, operate, and maintain the
necessary adequate waste water treatment facilities in Metro Manila, Rizal, and Cavite where needed at the
earliest possible time.
(4) Pursuant to RA 9275, the LWUA, through the local water districts and in coordination with the DENR, is
ordered to provide, install, operate, and maintain sewerage and sanitation facilities and the efficient and safe
collection, treatment, and disposal of sewage in the provinces of Laguna, Cavite, Bulacan, Pampanga, and
Bataan where needed at the earliest possible time.
(5) Pursuant to Sec. 65 of RA 8550, the DA, through the BFAR, is ordered to improve and restore the marine
life of the Manila Bay. It is also directed to assist the LGUs in Metro Manila, Rizal, Cavite, Laguna, Bulacan,
Pampanga, and Bataan in developing, using recognized methods, the fisheries and aquatic resources in the
Manila Bay.
(6) The PCG, pursuant to Secs. 4 and 6 of PD 979, and the PNP Maritime Group, in accordance with Sec.
124 of RA 8550, in coordination with each other, shall apprehend violators of PD 979, RA 8550, and other
existing laws and regulations designed to prevent marine pollution in the Manila Bay.
(7) Pursuant to Secs. 2 and 6-c of EO 513 and the International Convention for the Prevention of Pollution
from Ships, the PPA is ordered to immediately adopt such measures to prevent the discharge and dumping
of solid and liquid wastes and other ship-generated wastes into the Manila Bay waters from vessels docked
at ports and apprehend the violators.
(8) The MMDA, as the lead agency and implementor of programs and projects for flood control projects and
drainage services in Metro Manila, in coordination with the DPWH, DILG, affected LGUs, PNP Maritime
Group, Housing and Urban Development Coordinating Council (HUDCC), and other agencies, shall
dismantle and remove all structures, constructions, and other encroachments established or built in violation
of RA 7279, and other applicable laws along the Pasig-Marikina-San Juan Rivers, the NCR (ParaaqueZapote, Las Pias) Rivers, the Navotas-Malabon-Tullahan-Tenejeros Rivers, and connecting waterways and
esteros in Metro Manila. The DPWH, as the principal implementor of programs and projects for flood control
services in the rest of the country more particularly in Bulacan, Bataan, Pampanga, Cavite, and Laguna, in
coordination with the DILG, affected LGUs, PNP Maritime Group, HUDCC, and other concerned government
agencies, shall remove and demolish all structures, constructions, and other encroachments built in breach
of RA 7279 and other applicable laws along the Meycauayan-Marilao-Obando (Bulacan) Rivers, the Talisay
(Bataan) River, the Imus (Cavite) River, the Laguna De Bay, and other rivers, connecting waterways, and
esteros that discharge wastewater into the Manila Bay.
In addition, the MMDA is ordered to establish, operate, and maintain a sanitary landfill, as prescribed by RA
9003, within a period of one (1) year from finality of this Decision. On matters within its territorial jurisdiction
and in connection with the discharge of its duties on the maintenance of sanitary landfills and like
undertakings, it is also ordered to cause the apprehension and filing of the appropriate criminal cases
against violators of the respective penal provisions of RA 9003, Sec. 27 of RA 9275 (the Clean Water Act),
and other existing laws on pollution.
(9) The DOH shall, as directed by Art. 76 of PD 1067 and Sec. 8 of RA 9275, within one (1) year from finality
of this Decision, determine if all licensed septic and sludge companies have the proper facilities for the
treatment and disposal of fecal sludge and sewage coming from septic tanks. The DOH shall give the
companies, if found to be non-complying, a reasonable time within which to set up the necessary facilities
under pain of cancellation of its environmental sanitation clearance.

(10) Pursuant to Sec. 53 of PD 1152, Sec. 118 of RA 8550, and Sec. 56 of RA 9003, the DepEd shall
integrate lessons on pollution prevention, waste management, environmental protection, and like subjects in
the school curricula of all levels to inculcate in the minds and hearts of students and, through them, their
parents and friends, the importance of their duty toward achieving and maintaining a balanced and healthful
ecosystem in the Manila Bay and the entire Philippine archipelago.
(11) The DBM shall consider incorporating an adequate budget in the General Appropriations Act of 2010
and succeeding years to cover the expenses relating to the cleanup, restoration, and preservation of the
water quality of the Manila Bay, in line with the countrys development objective to attain economic growth in
a manner consistent with the protection, preservation, and revival of our marine waters.
(12) The heads of petitioners-agencies MMDA, DENR, DepEd, DOH, DA, DPWH, DBM, PCG, PNP Maritime
Group, DILG, and also of MWSS, LWUA, and PPA, in line with the principle of "continuing mandamus," shall,
from finality of this Decision, each submit to the Court a quarterly progressive report of the activities
undertaken in accordance with this Decision.
SO ORDERED.
The government agencies did not file any motion for reconsideration and the Decision became final in January 2009.
The case is now in the execution phase of the final and executory December 18, 2008 Decision. The Manila Bay
Advisory Committee was created to receive and evaluate the quarterly progressive reports on the activities
undertaken by the agencies in accordance with said decision and to monitor the execution phase.
In the absence of specific completion periods, the Committee recommended that time frames be set for the agencies
to perform their assigned tasks. This may be viewed as an encroachment over the powers and functions of the
Executive Branch headed by the President of the Philippines.
This view is misplaced.
The issuance of subsequent resolutions by the Court is simply an exercise of judicial power under Art. VIII of the
Constitution, because the execution of the Decision is but an integral part of the adjudicative function of the Court.
None of the agencies ever questioned the power of the Court to implement the December 18, 2008 Decision nor has
any of them raised the alleged encroachment by the Court over executive functions.
While additional activities are required of the agencies like submission of plans of action, data or status reports, these
directives are but part and parcel of the execution stage of a final decision under Rule 39 of the Rules of Court.
Section 47 of Rule 39 reads:
Section 47. Effect of judgments or final orders.The effect of a judgment or final order rendered by a court of the
Philippines, having jurisdiction to pronounce the judgment or final order, may be as follows:
xxxx
(c) In any other litigation between the same parties of their successors in interest, that only is deemed to have been
adjudged in a former judgment or final order which appears upon its face to have been so adjudged, or which was
actually and necessarily included therein or necessary thereto. (Emphasis supplied.)
It is clear that the final judgment includes not only what appears upon its face to have been so adjudged but also
those matters "actually and necessarily included therein or necessary thereto." Certainly, any activity that is needed
to fully implement a final judgment is necessarily encompassed by said judgment.
Moreover, the submission of periodic reports is sanctioned by Secs. 7 and 8, Rule 8 of the Rules of Procedure for
Environmental cases:
Sec. 7. Judgment.If warranted, the court shall grant the privilege of the writ of continuing mandamus requiring
respondent to perform an act or series of acts until the judgment is fully satisfied and to grant such other reliefs as

may be warranted resulting from the wrongful or illegal acts of the respondent. The court shall require the respondent
to submit periodic reports detailing the progress and execution of the judgment, and the court may, by itself or
through a commissioner or the appropriate government agency, evaluate and monitor compliance. The petitioner may
submit its comments or observations on the execution of the judgment.
Sec. 8. Return of the writ.The periodic reports submitted by the respondent detailing compliance with the judgment
shall be contained in partial returns of the writ. Upon full satisfaction of the judgment, a final return of the writ shall be
made to the court by the respondent. If the court finds that the judgment has been fully implemented, the satisfaction
of judgment shall be entered in the court docket. (Emphasis supplied.)
With the final and executory judgment in MMDA, the writ of continuing mandamus issued in MMDA means that until
petitioner-agencies have shown full compliance with the Courts orders, the Court exercises continuing jurisdiction
over them until full execution of the judgment.
There being no encroachment over executive functions to speak of, We shall now proceed to the recommendation of
the Manila Bay Advisory Committee.
Several problems were encountered by the Manila Bay Advisory Committee.2 An evaluation of the quarterly
progressive reports has shown that (1) there are voluminous quarterly progressive reports that are being submitted;
(2) petitioner-agencies do not have a uniform manner of reporting their cleanup, rehabilitation and preservation
activities; (3) as yet no definite deadlines have been set by petitioner DENR as to petitioner-agencies timeframe for
their respective duties; (4) as of June 2010 there has been a change in leadership in both the national and local
levels; and (5) some agencies have encountered difficulties in complying with the Courts directives.
In order to implement the afore-quoted Decision, certain directives have to be issued by the Court to address the said
concerns.
Acting on the recommendation of the Manila Bay Advisory Committee, the Court hereby resolves to ORDER the
following:
(1) The Department of Environment and Natural Resources (DENR), as lead agency in the Philippine Clean Water
Act of 2004, shall submit to the Court on or before June 30, 2011 the updated Operational Plan for the Manila Bay
Coastal Strategy.
The DENR is ordered to submit summarized data on the overall quality of Manila Bay waters for all four quarters of
2010 on or before June 30, 2011.
The DENR is further ordered to submit the names and addresses of persons and companies in Metro Manila, Rizal,
Laguna, Cavite, Bulacan, Pampanga and Bataan that generate toxic and hazardous waste on or before September
30, 2011.
(2) On or before June 30, 2011, the Department of the Interior and Local Government (DILG) shall order the Mayors
of all cities in Metro Manila; the Governors of Rizal, Laguna, Cavite, Bulacan, Pampanga and Bataan; and the Mayors
of all the cities and towns in said provinces to inspect all factories, commercial establishments and private homes
along the banks of the major river systemssuch as but not limited to the Pasig-Marikina-San Juan Rivers, the
National Capital Region (Paranaque-Zapote, Las Pinas) Rivers, the Navotas-Malabon-Tullahan-Tenejeros Rivers, the
Meycauayan-Marilao-Obando (Bulacan) Rivers, the Talisay (Bataan) River, the Imus (Cavite) River, and the Laguna
De Bayand other minor rivers and waterways within their jurisdiction that eventually discharge water into the Manila
Bay and the lands abutting it, to determine if they have wastewater treatment facilities and/or hygienic septic tanks,
as prescribed by existing laws, ordinances, rules and regulations. Said local government unit (LGU) officials are given
up to September 30, 2011 to finish the inspection of said establishments and houses.
In case of non-compliance, the LGU officials shall take appropriate action to ensure compliance by non-complying
factories, commercial establishments and private homes with said law, rules and regulations requiring the
construction or installment of wastewater treatment facilities or hygienic septic tanks.
The aforementioned governors and mayors shall submit to the DILG on or before December 31, 2011 their respective
compliance reports which will contain the names and addresses or offices of the owners of all the non-complying

factories, commercial establishments and private homes, copy furnished the concerned environmental agency, be it
the local DENR office or the Laguna Lake Development Authority.
The DILG is required to submit a five-year plan of action that will contain measures intended to ensure compliance of
all non-complying factories, commercial establishments, and private homes.
On or before June 30, 2011, the DILG and the mayors of all cities in Metro Manila shall consider providing land for the
wastewater facilities of the Metropolitan Waterworks and Sewerage System (MWSS) or its concessionaires (Maynilad
and Manila Water, Inc.) within their respective jurisdictions.
(3) The MWSS shall submit to the Court on or before June 30, 2011 the list of areas in Metro Manila, Rizal and Cavite
that do not have the necessary wastewater treatment facilities. Within the same period, the concessionaires of the
MWSS shall submit their plans and projects for the construction of wastewater treatment facilities in all the aforesaid
areas and the completion period for said facilities, which shall not go beyond 2037.
On or before June 30, 2011, the MWSS is further required to have its two concessionaires submit a report on the
amount collected as sewerage fees in their respective areas of operation as of December 31, 2010.
(4) The Local Water Utilities Administration is ordered to submit on or before September 30, 2011 its plan to provide,
install, operate and maintain sewerage and sanitation facilities in said cities and towns and the completion period for
said works, which shall be fully implemented by December 31, 2020.
(5) The Department of Agriculture (DA), through the Bureau of Fisheries and Aquatic Resources, shall submit to the
Court on or before June 30, 2011 a report on areas in Manila Bay where marine life has to be restored or improved
and the assistance it has extended to the LGUs in Metro Manila, Rizal, Cavite, Laguna, Bulacan, Pampanga and
Bataan in developing the fisheries and aquatic resources in Manila Bay. The report shall contain monitoring data on
the marine life in said areas. Within the same period, it shall submit its five-year plan to restore and improve the
marine life in Manila Bay, its future activities to assist the aforementioned LGUs for that purpose, and the completion
period for said undertakings.
The DA shall submit to the Court on or before September 30, 2011 the baseline data as of September 30, 2010 on
the pollution loading into the Manila Bay system from agricultural and livestock sources.
(6) The Philippine Ports Authority (PPA) shall incorporate in its quarterly reports the list of violators it has
apprehended and the status of their cases. The PPA is further ordered to include in its report the names, make and
capacity of the ships that dock in PPA ports. The PPA shall submit to the Court on or before June 30, 2011 the
measures it intends to undertake to implement its compliance with paragraph 7 of the dispositive portion of the
MMDA Decision and the completion dates of such measures.
The PPA should include in its report the activities of its concessionaire that collects and disposes of the solid and
liquid wastes and other ship-generated wastes, which shall state the names, make and capacity of the ships serviced
by it since August 2003 up to the present date, the dates the ships docked at PPA ports, the number of days the ship
was at sea with the corresponding number of passengers and crew per trip, the volume of solid, liquid and other
wastes collected from said ships, the treatment undertaken and the disposal site for said wastes.
(7) The Philippine National Police (PNP) Maritime Group shall submit on or before June 30, 2011 its five-year plan of
action on the measures and activities it intends to undertake to apprehend the violators of Republic Act No. (RA)
8550 or the Philippine Fisheries Code of 1998 and other pertinent laws, ordinances and regulations to prevent marine
pollution in Manila Bay and to ensure the successful prosecution of violators.
The Philippine Coast Guard shall likewise submit on or before June 30, 2011 its five-year plan of action on the
measures and activities they intend to undertake to apprehend the violators of Presidential Decree No. 979 or the
Marine Pollution Decree of 1976 and RA 9993 or the Philippine Coast Guard Law of 2009 and other pertinent laws
and regulations to prevent marine pollution in Manila Bay and to ensure the successful prosecution of violators.
(8) The Metropolitan Manila Development Authority (MMDA) shall submit to the Court on or before June 30, 2011 the
names and addresses of the informal settlers in Metro Manila who, as of December 31, 2010, own and occupy
houses, structures, constructions and other encroachments established or built along the Pasig-Marikina-San Juan

Rivers, the NCR (Paraaque-Zapote, Las Pias) Rivers, the Navotas-Malabon-Tullahan-Tenejeros Rivers, and
connecting waterways and esteros, in violation of RA 7279 and other applicable laws. On or before June 30, 2011,
the MMDA shall submit its plan for the removal of said informal settlers and the demolition of the aforesaid houses,
structures, constructions and encroachments, as well as the completion dates for said activities, which shall be fully
implemented not later than December 31, 2015.
The MMDA is ordered to submit a status report, within thirty (30) days from receipt of this Resolution, on the
establishment of a sanitary landfill facility for Metro Manila in compliance with the standards under RA 9003 or the
Ecological Solid Waste Management Act.
On or before June 30, 2011, the MMDA shall submit a report of the location of open and controlled dumps in Metro
Manila whose operations are illegal after February 21, 2006,3 pursuant to Secs. 36 and 37 of RA 9003, and its plan
for the closure of these open and controlled dumps to be accomplished not later than December 31, 2012. Also, on or
before June 30, 2011, the DENR Secretary, as Chairperson of the National Solid Waste Management Commission
(NSWMC), shall submit a report on the location of all open and controlled dumps in Rizal, Cavite, Laguna, Bulacan,
Pampanga and Bataan.
On or before June 30, 2011, the DENR Secretary, in his capacity as NSWMC Chairperson, shall submit a report on
whether or not the following landfills strictly comply with Secs. 41 and 42 of RA 9003 on the establishment and
operation of sanitary landfills, to wit:
National Capital Region
1. Navotas SLF (PhilEco), Brgy. Tanza (New Site), Navotas City
2. Payatas Controlled Dumpsite, Barangay Payatas, Quezon City
Region III
3. Sitio Coral, Brgy. Matictic, Norzagaray, Bulacan
4. Sitio Tiakad, Brgy. San Mateo, Norzagaray, Bulacan
5. Brgy. Minuyan, San Jose del Monte City, Bulacan
6. Brgy. Mapalad, Santa Rosa, Nueva Ecija
7. Sub-zone Kalangitan, Clark Capas, Tarlac Special Economic Zone
Region IV-A
8. Kalayaan (Longos), Laguna
9. Brgy. Sto. Nino, San Pablo City, Laguna
10. Brgy. San Antonio (Pilotage SLF), San Pedro, Laguna
11. Morong, Rizal
12. Sitio Lukutan, Brgy. San Isidro, Rodriguez (Montalban), Rizal (ISWIMS)
13. Brgy. Pintong Bukawe, San Mateo, Rizal (SMSLFDC)
On or before June 30, 2011, the MMDA and the seventeen (17) LGUs in Metro Manila are ordered to jointly submit a
report on the average amount of garbage collected monthly per district in all the cities in Metro Manila from January

2009 up to December 31, 2010 vis--vis the average amount of garbage disposed monthly in landfills and dumpsites.
In its quarterly report for the last quarter of 2010 and thereafter, MMDA shall report on the apprehensions for
violations of the penal provisions of RA 9003, RA 9275 and other laws on pollution for the said period.
On or before June 30, 2011, the DPWH and the LGUs in Rizal, Laguna, Cavite, Bulacan, Pampanga, and Bataan
shall submit the names and addresses of the informal settlers in their respective areas who, as of September 30,
2010, own or occupy houses, structures, constructions, and other encroachments built along the MeycauayanMarilao-Obando (Bulacan) Rivers, the Talisay (Bataan) River, the Imus (Cavite) River, the Laguna de Bay, and other
rivers, connecting waterways and esteros that discharge wastewater into the Manila Bay, in breach of RA 7279 and
other applicable laws. On or before June 30, 2011, the DPWH and the aforesaid LGUs shall jointly submit their plan
for the removal of said informal settlers and the demolition of the aforesaid structures, constructions and
encroachments, as well as the completion dates for such activities which shall be implemented not later than
December 31, 2012.
(9) The Department of Health (DOH) shall submit to the Court on or before June 30, 2011 the names and addresses
of the owners of septic and sludge companies including those that do not have the proper facilities for the treatment
and disposal of fecal sludge and sewage coming from septic tanks.
The DOH shall implement rules and regulations on Environmental Sanitation Clearances and shall require companies
to procure a license to operate from the DOH.
The DOH and DENR-Environmental Management Bureau shall develop a toxic and hazardous waste management
system by June 30, 2011 which will implement segregation of hospital/toxic/hazardous wastes and prevent mixing
with municipal solid waste.
On or before June 30, 2011, the DOH shall submit a plan of action to ensure that the said companies have proper
disposal facilities and the completion dates of compliance.
1avvphi1

(10) The Department of Education (DepEd) shall submit to the Court on or before May 31, 2011 a report on the
specific subjects on pollution prevention, waste management, environmental protection, environmental laws and the
like that it has integrated into the school curricula in all levels for the school year 2011-2012.
On or before June 30, 2011, the DepEd shall also submit its plan of action to ensure compliance of all the schools
under its supervision with respect to the integration of the aforementioned subjects in the school curricula which shall
be fully implemented by June 30, 2012.
(11) All the agencies are required to submit their quarterly reports electronically using the forms below. The agencies
may add other key performance indicators that they have identified.
SO ORDERED.
PRESIDENTIAL DECREE No. 979 August 18, 1976
PROVIDING FOR THE REVISION OF PRESIDENTIAL DECREE NO. 600 GOVERNING MARINE POLLUTION
Section 2. Statement of Policy. It is hereby declared a national policy 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.
Section 3. Definition of Terms. For the purposes of this Decree:
(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.
(b) "Dumping" means any deliberate disposal at sea and into navigable waters 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 Thirty-One, 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-made structures at sea and their equipment.
Section 4. Prohibited Acts. Except in cases of emergency imperiling 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,
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, it shall be unlawful for any person to
(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, wharf,
manufacturing establishment, 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
(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.
Section 5. It shall be the primary responsibility of the National Pollution Control Commission to promulgate national
rules and policies governing marine pollution, including but not limited to the discharge of effluents from any outfall
structure, industrial and manufacturing establishments or mill of any kind to the extent that it is regulated under the
provisions of Republic Act Numbered Three Thousand Nine Hundred Thirty-One, and to issue the appropriate rules
and regulations upon consultation with the Philippine Coast Guard.
The Philippine Coast Guard shall promulgate its own rules and regulations in accordance with the national rules and
policies set by the National Pollution Control Commission upon consultation with the latter, for the effective
implementation and enforcement of this decree and other applicable laws, rules and regulations promulgated by the
government.
The rules and regulations issued by the National Pollution Control Commission or the Philippine Coast Guard shall
not include deposit of oyster, shells, or other materials when such deposit is made for the purpose of developing,
maintaining or harvesting fisheries resources and is otherwise regulated by law or occurs pursuant to an authorized
government program: Provided, That the Philippine Coast Guard, whenever in its judgment navigation will not be
injured thereby and upon consultation with and concurrence of the National Pollution Control Commission, may
permit the deposit of any of the materials above-mentioned in navigable waters, and whenever any permit is so
granted, the conditions thereof shall be strictly complied with.
Section 6. Enforcement and Implementation. The Philippine Coast Guard shall have the primary responsibility of
enforcing the laws, rules and regulations governing marine pollution. However, it shall be the joint responsibility of the
Philippine Coast Guard and the National Pollution Control Commission to coordinate and cooperate with each other
in the enforcement of the provisions of this decree and its implementing rules and regulations, and may call upon any
other government office, instrumentality or agency to extend every assistance in this respect.
Republic Act No. 9483

June 02, 2007

AN ACT PROVIDING FOR THE IMPLEMENTATION OF THE PROVISIONS OF THE 1992 INTERNATIONAL
CONVENTI0N ON CIVIL LIABILITY FOR OIL POLLUTION DAMAGE AND THE 1992 INTERNATIONAL
CONVENTION ON THE ESTABLISHMENT OF AN INTERNATIONAL FUND FOR COMPENSATION FOR OIL
POLLUTION DAMAGE, PROVIDING PENALTIES FOR VIOLATIONS THEREOF, AND FOR OTHER PURPOSES
SEC. 2. Declaration of Policy. - The State, in the protection of its marine wealth in its archipelagic waters, territorial
sea and exclusive economic zone, adopts internationally accepted measures which impose strict liability for Oil
Pollution Damage and ensure prompt and adequate compensation for persons who suffer such damage. This Act
adopts and implements the provisions of the 1992 International Convention on Civil Liability for Oil Pollution Damage
and the 1992 International Convention on the Establishment of an International Fund for Compensation for Oil
Pollution Damage.
SEC. 3. Definition of Terms. - For the purpose of this Act:
(h) "Incident" means any occurrence or series of occurrences having the same origin which causes Pollution Damage
or creates a grave and imminent threat of causing such damage: Provided That a series of occurrences shall be
treated as having occurred on the date of the first such occurrence;
(l) "Pollution Damage" means:
(1) Loss or damage caused outside the Ship by contamination resulting from the escape or discharge of Oil
from the Ship, wherever such escape or discharge may occur: Provided, That compensation for impairment
of the environment other than loss of profit from such impairment shall be limited to costs of reasonable
measures of reinstatement actually undertaken or to be undertaken; and
(2) The costs of preventive measures and further loss or damage caused by preventive measure;
(n) "Ship" means any sea-going vessel and sea-home craft of any type whatsoever constructed or adapted for the
carriage of Oil in bulk as cargo: Provided That a Ship capable of carrying Oil and other cargoes shall be regarded as
a Ship only when it is actually carrying Oil in bulk as cargo and during any voyage following such carriage unless it is
proved that it has no residues of such carriage of Oil in bulk aboard;
SEC. 4. Incorporation of the 1992 Civil Liability Convention and 1992 Fund Convention. - Subject to the
provisions of this Act, the 1992 Civil Liability Convention and 1992 Fund Convention and their subsequent
amendments shall form part of the law of the Republic of the Philippines.
SEC. 5 Scope of Application. - This law shall apply exclusively to Pollution Damage caused in Philippine territory,
including its territorial sea and its exclusive economic zone, and to preventive measures, wherever taken, to prevent
or minimize such damage.
SEC. 6. Liability on Pollution Damage. - The Owner of the Ship at the time of an Incident, or where the Incident
consists of a series of occurrences, at the time of the first such occurrence, shall be liable for any Pollution Damage
caused by the Ship as a result of the Incident. Such damages shall include, but not limited to:
(a) Reasonable expenses actually incurred in clean-up operations at sea or on shore;
(b) Reasonable expenses of Preventive Measures and further loss or damage caused by preventive
measures;
(c) Consequential loss or loss of earnings suffered by Owners or users of property contaminated or
damaged as a direct result of an Incident;
(d) Pure economic loss or loss of earnings sustained by persons although the property contaminated or
damaged as a direct result of an Incident does not belong to them;

(e) Damage to human health or loss of life as a direct result of the Incident, including expenses for
rehabilitation and recuperation: Provided, That costs of studies or diagnoses to determine the long-term
damage shall also be included; and
(f) Environmental damages and other reasonable measures of environmental restoration.
SEC. 7. Exempting Circumstances. - No liability as stated in the immediately preceding section shall attach to the
Owner or his insurer if he proves that the damage:
(a) Resulted from an act of war, hostilities, civil war, insurrection or a natural phenomenon of an exceptional,
inevitable and irresistible character;
(b) Was wholly caused by an act or omission done with intent to cause damage by third party; and
(c) Was wholly caused by the negligence or other wrongful act of the government or other enforcement
agencies responsible for the maintenance of lights or other navigational aids in the exercise of that function.
If the Owner proves that the Pollution Damage resulted wholly or partially either from an act or omission
done with intent to cause damage by the person who suffered the damage or from the negligence of that
person, the Owner may be exonerated wholly or partially from his liability to such person.
SEC. 8. Persons Exempted from Claims for Compensation for Pollution Damage. - No claim for compensation
Pollution Damage under this Act may be made against:
(a) The servants or agents of the Owner or the members of the crew;
(b) The pilot or any other person who, without being a member of the crew, performs services for the Ship;
(c) Any charterer, howsoever described, including a bareboat charterer, manager or operator of the Ship;
(d) Any person performing salvage operations with the consent of the Owner or on the instructions of a
competent public authority;
(e) Any person taking Preventive Measures; and
(f) All servants or agents of persons mentioned in paragraphs (c), (d) and (e) hereof, unless the damage
resulted from their personal act or omission, committed with the intent to cause such damage, or committed
recklessly and with knowledge that such damage would probably result: Provided, That nothing in this Act
shall prejudice any right of recourse of the Owner against third parties.
SEC. 9. Joint and Several Liability. - When an Incident involving two or more Ships occurs and Pollution Damage
results therefrom, the Owners of all the Ships concerned, unless exonerated under Section 7 hereof, shall be jointly
and severally liable for all such damage which is not reasonably separable, without prejudice, however, to the right of
recourse of any of such Owners to proceed against each other or third parties.
SEC. 10. Limitation of Liability. - The Owner shall be entitled to limit his liability under this Act with respect to a
particular Incident to a total amount calculated as follows:
(a) Three million (3,000,000) units of account for a Ship not exceeding five thousand (5,000) units of
tonnage;
(b) For a Ship with a tonnage in excess thereof, for each unit of tonnage, four hundred twenty (420) units of
account for each unit in addition to the amount mentioned in paragraph (a): Provided, however, That this
aggregate amount shall not, in any event, exceeds 59.7 million units of account:
Provided, further, That the limit of liability of the Owner as aforementioned shall be subject to adjustment according to
subsequent amendments to the 1992 Civil Liability Convention.

The limited liability, under this Section may not be availed of by the Owner if it has been established that such
Pollution Damage resulted from his personal act or omission, committed with intent to cause such damage, or
committed recklessly and with knowledge that such damage would probably result.
The "unit of account" referred to in this Section is the Special Drawing Right (SDR) as defined by the International
Monetary Fund as set forth in the 1992 Civil Liability Convention. The said amount shall be converted into national
currency on the basis of the value of the currency by reference to the SDR on the date that the fund is constituted
under Section 11 of this Act.
The SDR is an international reserve asset, created by the IMF in 1969 to supplement the existing official reserves of
member countries. SDRs are allocated to member countries in proportion to their IMF quotas. The SDR also serves
as the unit of account of the IMF and some other international organizations. Its value is based on a basket of key
international currencies.
SEC. 17. Action for Compensation. - An action for compensation on account of Pollution Damage resulting from the
Incident which occurred in the territory may be brought before the RTC against the following persons:
(a) Owner of the polluting Ship; or
(b) Insurer or other person providing financial security of the said Owners liability for pollution.
For this purpose, foreign corporation, partnership, association or individual, whether or not licensed to transact
business in the Philippines by any appropriate government agencies, providing such insurance or financial security
for Pollution Damage shall be considered transacting or doing business in the Philippines and shall be subject to the
jurisdiction of the regular judicial courts of the country.
Such action shall be filed within three years of the date on which the damage occurred, but not later than six years of
the date of the Incident.
The PCG shall investigate, motu proprio or through compensation or violation of this Act, and shall forthwith file
appropriate action with the RTC.
It shall likewise provide the complainant necessary technical evidence or any assistance, whether or not testimonial
or documentary, insofar as the claim for compensation or violation of this Act is concerned.
Filing of the action under this section shall only require payment of filing fees equivalent to ten percentum (10%) of
the regular rates established therefore by the Supreme Court of the Philippines. However, indigent plaintiff shall be
exempt from payment of docket and other lawful fees, and of transcripts of stenographic notes which the court may
order to be furnished him. The amount of the docket and other lawful fees which the indigent was exempted from
paying shall be a lien on any judgment rendered in the case favorable to the indigent, unless the court otherwise
provides.
SEC. 18. Adjudication or Settlement of Claims. - The RTC shall decide claims for compensation or certify the
compromise agreement by the parties within a reasonable period.
Where compensation was not obtained or satisfied under the 1992 Civil Liability Convention, the claimant may seek
compensation under the 1992 Fund Convention. The RTC shall furnish the IOPC Fund with its certified decision,
together with pertinent documents, on a claim for Pollution Damages.
Where the fund under the 1992 Civil Liability Convention is insufficient to satisfy the claims of those who are entitled
to compensation, the amount of compensation of each claimant shall be distributed pro rata.
SEC. 19. Intervention by the IOPC Fund - The IOPC Fund may intervene as a party to any legal proceedings
instituted against the Owner of a Ship or his guarantor under Article IX of the 1992 Civil Liability Convention.
SEC. 20. Violation of the Act. - The following acts shall be considered violations of the Act and the persons
responsible shall suffer the corresponding fines:

(a) Any person who fails to institute or maintain insurance or other financial security required under Section
12 of this Act;
(1) Ships of 500 gross tons (GRT) and below - not less than One hundred thousand pesos
(P100,000.00) but not more than Two hundred-fifty thousand pesos (P250,000.00);
(2) Ships of above 500 to 1,000 GRT - not less than Two hundred fifty thousand pesos
(P250,000.00) but not more than Five hundred thousand pesos (P500,000.00);
(3) Ships of above 1,000 to 5,000 GRT - not less than Five hundred thousand pesos (P500,000.00)
but not more than One million pesos (P1,000,000.00);
(4) Ships of above 5,000 to 10,000 GRT - not less than One million pesos (P1,000,000.00) but not
more than Five million pesos (P5,000,000.00);
(5) Ships of above 10,000 to 20,000 GRT - not less than Five million pesos (P5,000,000.00) but not
more than Ten million pesos (P10,0000,000.00); and
(6) Ships of above 20,000 GRT - not less than Ten million pesos (P10,000,000.00) but not more
than Fifteen million pesos (P15,000,000.00).
(b) The Owner and the master of a Ship who operate a Ship without maintaining on board a certificate of
insurance required under Section 13 of this Act:
(1) First violation - Five hundred thousand pesos (P500,000.00);
(2) Second violation - One million pesos (P1,000,000.00); and
(3) Third violation - One million five hundred thousand pesos (P1,500,000.00).
(c) Any person required under Section 15 of this Act to contribute to the IOPC Fund but nevertheless fails to
comply therewith after due notice by the MARINA
(1) First violation - Three million pesos (P3,000,000.00);
(2) Second violation - Four million pesos (P4,000,000.00); and
(3) Third violation - Five million pesos (P5,000,000.00).
(d) Failure to Submit Report of Contributing Oil. - Any person required under Section 16 of this Act to submit
report of contributing Oil and notwithstanding l0.day notice thereto, fails to comply therewith:
(1) First violation - Five hundred thousand pesos (P500,000.00);
(2) Second violation - One million pesos (P 1,000,000.00); and
(3) Third violation - One million five hundred thousand pesos (P1,500,000.00).
(e) Any person who shall refuse, obstruct, or hamper the entry of the duly authorized representatives of the
Department or any person authorized under this Act aboard any Ship or establishment pursuant to this Act
shall be liable to pay a fine not exceeding One hundred thousand pesos (P100,000.00); and
(f) Any Ship apprehended for violation of this Act may be subjected to detention.

The fines prescribed in this Section and other sections of this Chapter shall be increased by at least ten percent
(10%) every three years to compensate for inflation and to maintain the deterrent function of such fines.
SEC. 21. Institutional Mechanism. - The DOTC shall be the lead implementing agency unless otherwise provided in
this Act.

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