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LECTURE 3:

ENVIRONMENTAL
LAWS IN THE
PHILIPPINES
PHILIPPINE
ENVIRONMENTAL LAWS
Major environmental laws implemented by the
Environmental Management Bureau (EMB) of the
Department of Environment and Natural
Resources (DENR):
1. Environmental Impact Statement System (PD1586) -1978
2. Toxic Substances and Hazardous Waste Control Act (RA
6969) – 1990
3. Clean Air Act of 1999 (RA 8749) 1999
4. Ecological Solid Waste Management Act (RA9003) –2000
5. Philippine Clean Water Act (RA 9275) - 2004
PRESIDENTIAL
DECREE No. 1586
Environmental Impact Statement
System
PRESIDENTIAL DECREE
No. 1586
• ESTABLISHING AN ENVIRONMENTAL
IMPACT STATEMENT SYSTEM
INCLUDING OTHER ENVIRONMENTAL
MANAGEMENT RELATED MEASURES
AND FOR OTHER PURPOSES
PRESIDENTIAL DECREE
No. 1586
• Section 1. Policy. - It is hereby declared
the policy of the State to attain and
maintain a rational and orderly balance
between socio-economic growth and
environmental protection.
PRESIDENTIAL DECREE
No. 1586
• Section 2. Environmental Impact Statement
System.
– There is hereby established an Environmental Impact
Statement System founded and based on the
environmental impact statement required, under
Section 4 of Presidential Decree No. 1151, of all
agencies and instrumentalities of the national
government, including government owned or
controlled corporations, as well as private
corporations, firms and entities for every proposed
project and undertaking which significantly affect the
quality of the environment
PRESIDENTIAL DECREE
No. 1586
• Section 3. Determination of Lead
Agency.
– The Minister of Human Settlements or his
designated representative is hereby authorized to
name the Lead Agencies referred to in Section 4 of
Presidential Decree No. 1151, which shall have
jurisdiction to undertake the preparation of the
necessary environmental impact statements on
declared environmentally critical projects and areas.
All Environmental Impact Statements shall be
submitted to the National Environmental Protection
Council for review and evaluation.
PRESIDENTIAL DECREE
No. 1586
• 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 reorganized such government offices,
agencies, institutions, corporations or instrumentalities including
the realignment of government personnel, and their specific
functions and responsibilities.
PRESIDENTIAL DECREE
No. 1586
• Section 5. Environmentally Non-Critical
Projects.
– All other projects, undertakings and areas not
declared by the Presidents 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.
PRESIDENTIAL DECREE
No. 1586
• Section 6. Secretariat.
– The National Environmental Protection
Council is hereby authorized to constitute the
necessary secretariat which will administer
the Environmental Impact Statement System
and undertake the processing and evaluation
of environmental impact statement.
PRESIDENTIAL DECREE
No. 1586
• Section 7. Management and Financial
Assistance.
– The Ministry of Human Settlements is hereby
authorized to provide management and
financial support to government offices and
instrumentalities placed under it's supervision
pursuant to this Decree financed from its
existing appropriation or from budgetary
augmentation as the Minister of Human
Settlements may deem necessary.
PRESIDENTIAL DECREE
No. 1586
• Section 8. Rules and Regulations.
– The National Environmental Protection
Council shall issue the necessary rules and
regulations to implement this Decree. For this
purpose, the National Pollution Control
Commission may be availed of as one of its
implementing arms, consistent with the
powers and responsibilities of the National
Pollution Control Commission as provided in
P.D. No. 984.
PRESIDENTIAL DECREE
No. 1586
• 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 the suspension or
cancellation of his/its certificate and/or a fine in an
amount not to exceed fifty thousand pesos
(50,000.00) for every violation thereof, at the
discretion of the National Environmental Protection
Council.
PRESIDENTIAL DECREE
No. 1586
• Section 10. Environmental Revolving
Fund.
– Proceeds from the penalties prescribed in the preceding
Section 9 and other penalties imposed by the National
Pollution Control Commission as authorized in P.D. 984
shall be automatically appropriated into an Environment
Revolving Fund hereby created as an exemption to P.D.
711 and P.D. 1234. The fund shall be used exclusively for
the operations of the National Environmental Protection
Council and the National Pollution Control Commission in
the implementation of this Decree. The rules and
regulations for the utilization of this fund shall be
formulated by the Ministry of Human Settlements and
submitted to the President for approval.
PRESIDENTIAL DECREE
No. 1586
• Section 11. Repealing Clause.
– The inter-agency Advisory Council of the
National Pollution Control Commission
created under Section 4 of P.D. 984 is hereby
abolished and its powers and responsibilities
are forthwith delegated and transferred to the
National Environmental Protection Council.
– All laws, decrees, executive orders, rules and
regulations, inconsistent herewith are hereby
repealed, amended or modified accordingly.
REPUBLIC ACT NO.
6969
Toxic Substances and
Hazardous and Nuclear
Wastes Control Act of
1990
REPUBLIC ACT NO.
6969
• AN ACT TO CONTROL TOXIC
SUBSTANCES AND HAZARDOUS AND
NUCLEAR WASTES, PROVIDING
PENALTIES FOR VIOLATIONS
THEREOF, AND FOR OTHER
PURPOSES
REPUBLIC ACT NO.
6969
• SECTION 2. Declaration of Policy.
– It is the policy of the State to regulate, restrict or
prohibit the importation, manufacture, processing,
sale, distribution, use and disposal of chemical
substances and mixtures that present unreasonable
risk and/or injury to health or the environment; to
prohibit the entry, even in transit, of hazardous and
nuclear wastes and their disposal into the Philippine
territorial limits for whatever purpose; and to
provide advancement and facilitate research and
studies on toxic chemicals.
REPUBLIC ACT NO.
6969
• SECTION 3. Scope
– This Act shall cover the importation,
manufacture, processing, handling, storage,
transportation, sale, distribution, use and
disposal of all unregulated chemical
substances and mixtures in the Philippines,
including the entry, even in transit as well as
the keeping or storage and disposal of
hazardous and nuclear wastes into the
country for whatever purpose
REPUBLIC ACT NO.
6969
• SECTION 4. Objectives. The objectives
of this Act are:
– a) To keep an inventory of chemicals that are
presently being imported, manufactured, or
used, indicating, among others, their existing
and possible uses, test data, names of firms
manufacturing or using them, and such other
information as may be considered relevant to
the protection of health and the environment;
REPUBLIC ACT NO.
6969
• The objectives of this Act are:
– b) To monitor and regulate the importation,
manufacture, processing, handling, storage,
transportation, sale, distribution, use and
disposal of chemical substances and mixtures
that present unreasonable risk or injury to
health or to the environment in accordance
with national policies and international
commitments;
REPUBLIC ACT NO.
6969
• The objectives of this Act are:
– c) To inform and educate the populace
regarding the hazards and risks attendant to
the manufacture, handling, storage,
transportation, processing, distribution, use
and disposal of toxic chemicals and other
substances and mixture; and
REPUBLIC ACT NO.
6969
• The objectives of this Act are:
– d) To prevent the entry, even in transit, as well
as the keeping or storage and disposal of
hazardous and nuclear wastes into the
country for whatever purpose.
REPUBLIC ACT NO.
6969
• SECTION 6. Functions, Powers and
Responsibilities of the Department of
Environment and Natural Resources.
– The Department of Environment and Natural
Resources shall be the implementing agency
tasked with the following functions, powers,
and responsibilities:
REPUBLIC ACT NO.
6969
• a) To keep an updated inventory of chemicals that are
presently being manufactured or used, indicating,
among others, their existing and possible uses, quality,
test data, names of firms manufacturing or using them,
and such other information as the Secretary may
consider relevant to the protection of health and the
environment;
• b) To require chemical substances and mixtures that
present unreasonable risk or injury to health or to the
environment to be tested before they are
manufactured or imported for the first time;
REPUBLIC ACT NO.
6969
• c) To require chemical substances and mixtures
which are presently being manufactured or
processed to be tested if there is a reason to
believe that they pose unreasonable risk or
injury to health or the environment;
• d) To evaluate the characteristics of chemicals
that have been tested to determine their toxicity
and the extent of their effects on health and the
environment;
REPUBLIC ACT NO.
6969
• e) To enter into contracts and make grants
for research, development, and monitoring
of chemical substances and mixtures;
• f) To conduct inspection of any
establishment in which chemicals are
manufactured, processed, stored or held
before or after their commercial
distribution and to make recommendations
to the proper authorities concerned;
REPUBLIC ACT NO.
6969
• g) To confiscate or impound chemicals
found not falling within said acts cannot be
enjoined except after the chemicals have
been impounded;
• h) To monitor and prevent the entry, even
in transit, of hazardous and nuclear
wastes and their disposal into the country;
REPUBLIC ACT NO.
6969
• i) To subpoena witnesses and documents and
to require other information if necessary to
carry out the provisions of this Act;
• i) To call on any department, bureau, office,
agency, state university or college, and other
instrumentalities of the Government for
assistance in the form of personnel, facilities,
and other resources as the need arises in the
discharge of its functions;
REPUBLIC ACT NO.
6969
• j) To disseminate information and conduct
educational awareness campaigns on the
effects of chemical substances, mixtures
and wastes on health and environment;
and
• k) To exercise such powers and perform
such other functions as may be necessary
to carry out its duties and responsibilities
under this Act.
REPUBLIC ACT NO.
6969
• SECTION 13. Prohibited Acts.
— The following acts and omissions shall be
considered unlawful:
a) Knowingly use a chemical substance or mixture
which is imported, manufactured, processed or
distributed in violation of this Act or implementing
rules and regulations or orders;
b) Failure or refusal to submit reports, notices or other
information, access to records, as required by this
Act, or permit inspection of establishment where
chemicals are manufactured, processed, stored or
otherwise held
REPUBLIC ACT NO.
6969
• c) Failure or refusal to comply with the pre-
manufacture and pre-importation requirements;
and
• d) Cause, aid or facilitate, directly or indirectly,
in the storage, importation, or bringing into
Philippines territory, including its maritime
economic zones, even in transit, either by
means of land, air or sea transportation or
otherwise keeping in storage any amount of
hazardous and nuclear wastes in any part of
the Philippines.
REPUBLIC ACT NO.
6969
• SECTION 14. Criminal Offenses and Penalties.
• a) (i )The penalty of imprisonment of six (6)
months and one day to six (6) years and one day
and a fine ranging from Six hundred pesos
(P600.00) to Four thousand pesos (P4,000.00)
shall be imposed upon any person who shall
violate section 13 (a) to (c) of this Act and shall not
be covered by the Probation Law. If the offender is
a foreigner, he or she shall be deported and
barred from any subsequent entry into the
Philippines after serving his or her sentence;
REPUBLIC ACT NO.
6969
• ii) In case any violation of this Act is
committed by a partnership, corporation,
association or any juridical person, the
partner, president, director or manager
who shall consent to or shall knowingly
tolerate such violation shall be directly
liable and responsible for the act of the
employee and shall be criminally liable as
a co-principal;
REPUBLIC ACT NO.
6969
• iii) In case the offender is a government
official or employee, he or she shall, in
addition to the above penalties, be
deemed automatically dismissed from
office and permanently disqualified from
holding any elective or appointive position.
REPUBLIC ACT NO.
6969
• b) (i) The penalty of imprisonment of
twelve (12) years and one day to twenty
(20) years, shall be imposed upon any
person who shall violate section 13 (d) of
this Act. If the offender is a foreigner, he or
she shall be deported and barred from any
subsequent entry into the Philippines after
serving his or her sentence
REPUBLIC ACT NO.
6969
• (ii) In the case of corporations or other
associations, the above penalty shall be
imposed upon the managing partner, president
or chief executive in addition to an exemplary
damage of at least Five hundred thousand
pesos (P500,000.00). If it is a foreign firm, the
director and all officers of such foreign firm
shall be barred from entry into the Philippines,
in addition to the cancellation of its license to
do business in the Philippines;
REPUBLIC ACT NO.
6969
• (iii) In case the offender is a government
official or employee, he or she in addition
to the above penalties be deemed
automatically dismissed from office and
permanently disqualified from holding any
elective or appointive position.
REPUBLIC ACT NO.
6969
• c) Every penalty imposed for the unlawful importation,
entry, transport, manufacture, processing, sale or
distribution of chemical substances or mixtures into or
within the Philippines shall carry with it the confiscation
and forfeiture in favor of the Government of the
proceeds of the unlawful act and instruments, tools or
other improvements including vehicles, sea vessels,
and aircrafts used in or with which the offense was
committed. Chemical substances so confiscated and
forfeited by the Government at its option shall be
turned over to the Department of Environment and
Natural resources for safekeeping and proper
disposal.
REPUBLIC ACT NO.
6969
• d) The person or firm responsible or connected
with the bringing or importation into the country
of hazardous or nuclear wastes shall be under
obligation to transport or send back said
prohibited wastes;
• Any and all means of transportation, including
all facilities and appurtenances that may have
been used in transporting to or in the storage
in the Philippines of any significant amount of
hazardous or nuclear wastes shall at the option
of the government be forfeited in its favor.
REPUBLIC ACT NO.
6969
• SECTION 15. Administrative Fines. In all cases of
violations of this Act, including violations of
implementing rules and regulations which have been
duly promulgated and published in accordance with
Section 16 of this Act, the Secretary of Environment
and Natural Resources is hereby authorized to impose
a fine of not less than Ten thousand pesos
(P10,000.00), but not more than Fifty thousand pesos
(P50,000.00) upon any person or entity found guilty
thereof.
REPUBLIC ACT NO.
6969
• The administrative fines imposed and
collected by the Department of
Environment and Natural Resources shall
accrue to a special fund to be
administered by the Department
exclusively for projects and research
activities relative to toxic substances and
mixtures.
Republic Act No.
8749
Philippine Clean Air Act of
1999
Republic Act No. 8749

• AN ACT PROVIDING FOR A


COMPREHENSIVE AIR POLLUTION
CONTROL POLICY AND FOR OTHER
PURPOSES
Republic Act No. 8749

• Section 2. Declaration of Principles


– 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.
– The State shall promote and protect the global
environment to attain sustainable development while
recognizing the primary responsibility of local
government units to deal with environmental problems.
– The State recognizes that the responsibility of cleaning
the habitat and environment is primarily area-based.
Republic Act No. 8749

• Section 2. Declaration of Principles


– The State also recognizes the principle that "polluters
must pay".
– Finally, the State recognizes that a clean and healthy
environment is for the good of all and should
therefore be the concern of all.
Fines And Penalties

• Section 45. Violation of Standards for


Stationary Sources.
– For actual exceedance of any pollution or air
quality standards under this Act or its rules
and regulations, the Department, through the
Pollution Adjudication Board (PAB), shall
impose a fine of not more than One hundred
thousand pesos (Php100,000.00) for every
day of violation against the owner or operator
of a stationary source until such time that the
standards have been complied with.
Republic Act No. 8749

• For purposes of the application of the fines, the PAB


shall prepare a fine rating system to adjust the
maximum fine based on the violator's ability to pay,
degree of willfulness, degree of negligence, history of
noncompliance and degree of recalcitrance: Provided,
That in case of negligence, the first time offender's
ability to pay may likewise be considered by the
Pollution Adjudication Board: Provided, further, That in
the absence of any extenuating or aggravating
circumstances, the amount of fine for negligence shall
be equivalent to one-half of the fine for willful violation.
Republic Act No. 8749

• The fines herein prescribed shall be


increased by at least ten percent (10%)
every three (3) years to compensate for
inflation and to maintain the deterrent
function of such fines.
Republic Act No. 8749

• In addition to the fines, the PAB shall order the closure,


suspension of development, construction, or operations of the
stationary sources until such time that proper environmental
safeguards are put in place: Provided, That an establishment
found liable for a third offense shall suffer permanent closure
immediately. This paragraph shall be without prejudice to the
immediate issuance of an ex parte order for such closure,
suspension of development or construction, or cessation of
operations during the pendency of the case upon prima facie
evidence that there is imminent threat to life, public health,
safety or PRIME - M4 Page 26 of 29 general welfare, or to
plant or animal life, or whenever there is an exceedance of
the emission standards set by the Department and/or the
Board and/or the appropriate LGU
Republic Act No. 8749

• Section 46. Violation of Standards for


Motor Vehicles. - No motor vehicle shall be
registered with the DOTC unless it meets
the emission standards set by the
Department as provided in Section 21
hereof.
Republic Act No. 8749

• Any vehicle suspected of violation of emission


standards through visual signs, such as, but not
limited to smoke-belching, shall be subjected to
an emission test by a duly authorized testing
center for this purpose, the DOTC or its
authorized testing center shall establish a
roadside inspection system. Should it be shown
that there was no violation of emission
standards, the vehicle shall be immediately
released.
Republic Act No. 8749

• Otherwise, a testing result indicating an


exceedance of the emission standards
would warrant the continuing custody of
the impounded vehicle unless the
appropriate penalties are fully paid, and
the license plate is surrendered to the
DOTC pending the fulfillment of the
undertaking by the owner/operator of the
motor vehicle to make the necessary
repairs so as to comply with the standards.
Republic Act No. 8749

• A pass shall herein be issued by the DOTC to


authorize the use of the motor vehicle within a
specified period that shall not exceed seven (7)
days for the sole purpose of making the
necessary repairs on the said vehicle. The
owner/operator of the vehicle shall be required
to correct its defects and show proof of
compliance to the appropriate pollution control
office before the vehicle can be allowed to be
driven on any public or subdivision roads.
Republic Act No. 8749
• In addition, the driver and operator of the
apprehended vehicle shall undergo a seminar
on pollution control and management conducted
by the DOTC and shall also suffer the following
penalties:
– a) First offense - a fine not to exceed Two thousand pesos
(Php2,000.00);
– b) Second offense - a fine not less than Two thousand
pesos (Php2,000.0) and not to exceed Four thousand
pesos (Php4,000.00); and
– c) Third offense - one (1) year suspension of the Motor
Vehicle Registration (MVR) and a fine of not less than Four
thousand pesos (Php4,000.00) and not more than Six
thousand pesos (Php6,000.00).
Republic Act No. 8749

• Any violation of the provisions of Section


21 paragraph (d) with regard to national
inspection and maintenance program,
including technicians and facility
compliance shall be penalized with a fine
of not less than Thirty thousand pesos
(Php30,000.00) or cancellation of license
of both the technician and the center, or
both, as determined by the DTI.
Republic Act No. 8749

• All law enforcement officials and deputized


agents accredited to conduct vehicle
emissions testing and apprehensions shall
undergo a mandatory training on emission
standards and regulations. For this
purpose, the Department, together with
the DOTC, DTI, DOST, Philippine National
Police (PNP) and other concerned
agencies and private entities shall design
a training program.
Republic Act No. 8749

• Section 47. Fines and Penalties for Violations of


Other Provisions in the Act. - For violations of all
other provisions provided in this Act and of the rules
and regulations thereof, a fine of not less than Ten
thousand pesos (Php10,000.00) but not more than
One hundred thousand pesos (Php100,000.00) or six
(6) months to six (6) years imprisonment or both shall
be imposed. If the offender is a juridical person, the
president, manager, directors, trustees, the pollution
control officer or the officials directly in charge of the
operations shall suffer the penalty herein provided.
Republic Act No.
9275
Philippine Clean Water
Act of 2004
Republic Act No. 9275

• SECTION 1. Short Title. - This Act shall be


known as the “Philippine Clean Water Act of
2004.”
• SEC. 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. To achieve this end, the
framework for sustainable development shall be
pursued. As such, it shall be the policy of the
State:
Republic Act No. 9275

• a) To streamline processes and procedures in the prevention,


control and abatement of pollution of the country’s water
resources;
• b) To promote environmental strategies, use of appropriate
economic instruments and of control mechanisms for the
protection of water resources;
• c) To formulate a holistic national program of water quality
management that recognizes that water quality management
issues cannot be separated from concerns about water
sources and ecological protection, water supply, public health
and quality of life;
• d) To formulate an integrated water quality management
framework through proper delegation and effective
coordination of functions and activities;
Republic Act No. 9275

• e) To promote commercial and industrial processes and


products that are environment friendly and energy
efficient;
• f) To encourage cooperation and self-regulation among
citizens and industries through the application of
incentives and market-based instruments and to promote
the role of private industrial enterprises in shaping its
regulatory profile within the acceptable boundaries of
public health and environment;
• g) To provide for a comprehensive management program
for water pollution focusing on pollution prevention;
Republic Act No. 9275

• h) To promote public information and education and to


encourage the participation of an informed and active public in
water quality management and monitoring;
• i) To formulate and enforce a system of accountability for
short and long-term adverse environmental impact of a
project, program or activity; and
• j) To encourage civil society and other sectors, particularly
labor, the academe and business undertaking environment-
related activities in their efforts to organize, educate and
motivate the people in addressing pertinent environmental
issues and problems at the local and national levels.
CIVIL LIABILITY/PENAL
PROVISIONS
• SEC. 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;
Republic Act No. 9275

• 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, 14 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;
Republic Act No. 9275

• 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;
Republic Act No. 9275

• 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;
Republic Act No. 9275

• 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 any condition therein;
• j) Noncompliance 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;
Republic Act No. 9275

• 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.
Republic Act No. 9275

• SEC. 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.
Republic Act No. 9275

• The fines herein prescribed shall be increased by ten


percent (10%) every two (2) years to compensate for
inflation and to maintain the deterrent function of such
fines: Provided, 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.
Republic Act No. 9275

• 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.
Republic Act No. 9275

• 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 (1) 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 omission and/or
contamination continues.
Republic Act No. 9275

• In case of gross violation of this Act, the PAB shall


issue a resolution recommending that the proper
government agencies file criminal charges against
the violators. 15 Gross violation shall mean any of
the following:
• (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;
Republic Act No. 9275

• (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. 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.
Republic Act No. 9275

• For violations falling under Section 4 of


Presidential Decree No. 979 or any regulations
prescribed in pursuance thereof, such person
shall be liable for a fine of not less than Fifty
thousand pesos (P50,000.00) nor more than
One million pesos (P1,000,000.00) or by
imprisonment of not less than one (1) year nor
more than six (6) years or both, for each offense,
without prejudice to the civil liability of the
offender in accordance with existing laws.
Republic Act No. 9275

• If the offender is a juridical entity, then its officers,


directors, agents or any person primarily responsible
shall be held liable: Provided, That any vessel from
which oil or other harmful substances are discharged
in violation of Section 4 of Presidential Decree No. 979
shall be liable for penalty of fine specified in the
immediately preceding paragraph and clearance of
such vessel from the port of the Philippines may be
withheld until the fine is paid and such penalty shall
constitute a lien on such vessel which may be
recovered in proceedings by libel in rem in the proper
court which the vessel may be.
Republic Act No. 9275

• The owner or operator of a vessel or


facility which discharged the oil or other
harmful substances will be liable to pay for
any clean-up costs.
• Provided, finally, That water pollution
cases involving acts or omissions
committed within the Laguna Lake Region
shall be dealt with in accordance with the
procedure under Republic Act No. 4850 as
amended.
REPUBLIC ACT NO.
9003
Ecological Solid Waste Management
Act - 2000
REPUBLIC ACT NO.
9003
• Section 2. Declaration of Policies. -- It is hereby declared
the policy of the State to adopt a systematic, comprehensive
and ecological solid waste management program which shall:
• (a) Ensure the protection of public health and environment;
• (b) Utilize environmentally-sound methods that maximize the
utilization of valuable resources and encourage resources
conservation and recovery;
• (c) Set guidelines and targets for solid waste avoidance and volume
reduction through source reduction and waste minimization
measures, including composing, recycling, re-use, recovery, green
charcoal process, and others, before collection, treatment and
disposal in appropriate and environmentally sound solid waste
management facilities in accordance with ecologically sustainable
development principles;
REPUBLIC ACT NO.
9003
• (d) Ensure the proper segregation, collection, transport,
storage, treatment and disposal of solid waste through the
formulation and adoption of the best environmental practices
in ecological waste management excluding incineration;
• (e) Promote national research and development programs for
improved solid waste management and resource conservation
techniques, more effective institutional arrangement and
indigenous and improved methods of waste reduction,
collection, separation and recovery.
• (f) Encourage greater private sector participation in solid
waste management;
REPUBLIC ACT NO.
9003
• (g) Retain primary enforcement and
responsibility of solid waste management with
local government units while establishing a
cooperative effort among the national
government, other local government units, non-
government organizations, and the private
sector;
• (h) Encourage cooperation and self-regulation
among waste generators through the application
of market-based instruments;
REPUBLIC ACT NO.
9003
• (i) Institutionalize public participation in the
development and implementation of national and local
integrated, comprehensive and ecological waste
management programs; and
• (j) Strengthen the integration of ecological solid waste
management and resource conservation and recovery
topics into the academic curricula of formal and non-
formal education in order to promote environmental
awareness and action among the citizenry
Penal Provisions

• Section 48. Prohibited Acts. – The


following acts are prohibited:
• (1) Littering, throwing, dumping of waste matters in
public places, such as roads, sidewalks, canals,
esteros or parks, and establishment, or causing or
permitting the same;
• (2) Undertaking activities or operating, collecting or
transporting equipment in violation of sanitation
operation and other requirements or permits set forth
in or established pursuant to this Act;
REPUBLIC ACT NO.
9003
• (3) The open burning of solid waste;
• (4) Causing or permitting the collection of
non-segregated or unsorted waste;
• (5) Squatting in open dumps and landfills;
• (6) Open dumping, burying of
biodegradable or non-biodegradable
materials in flood-prone areas;
REPUBLIC ACT NO.
9003
• (7) Unauthorized removal of recyclable material
intended for collection by authorized persons;
• (8) The mixing of source-separated recyclable material
with other solid waste in any vehicle, box, container or
receptacle used in solid waste collection or disposal;
(9) Establishment or operation of open dumps as
enjoined in this Act, or closure of said dumps in
violation of Sec. 37;
• (10) The manufacture, distribution or use of non-
environmentally acceptable packaging materials;
REPUBLIC ACT NO.
9003
• (11) Importation of consumer products
packaged in non-environmentally acceptable
materials;
• (12) Importation of toxic wastes
misrepresented as “recyclable” or “with
recyclable content”;
• (13) Transport and dumping in bulk of
collected domestic, industrial, commercial
and institutional wastes in areas other than
centers of facilities prescribed under this Act;
REPUBLIC ACT NO.
9003
• (14) Site preparation, construction, expansion or
operation of waste management facilities without an
Environmental Compliance Certificate required
pursuant to Presidential Decree No. 1586 and this Act
and not conforming with the land use plan of the LGU;
39
• (15) The construction of any establishment within two
hundred (200) meters from open dumps or controlled
dumps or sanitary landfills; and
• (16) The construction or operation of landfills or any
waste disposal facility on any aquifer, groundwater
reservoir or watershed area and or any portions
thereof;
Section 49. Fines and
Penalties –
• (a) Any person who violates Sec. 48,
paragraph (1) shall, upon conviction, be
punished with a fine of not less than Three
hundred pesos (P300.00) but not more
than One thousand pesos (P1,000.00) or
render community service for not less than
one (1) day to not more than fifteen (15)
days to an LGU where such prohibited
acts are committed, or both;
REPUBLIC ACT NO.
9003
• (b) Any person who violates Sec. 48, pars.
(2) and (3), shall, upon conviction, be
punished with a fine of not less than Three
hundred pesos (P300.00) but not more
than One thousand pesos (P1,000.00) or
imprisonment of not less than one (1) day
to not more than fifteen (15) days, or both;
REPUBLIC ACT NO.
9003
• (b) Any person who violates Sec. 48 pars.
(4), (5), (6), and (7) shall, upon conviction,
be punished with a fine of not less than
One thousand pesos (P1,000.00) but not
more than Three thousand pesos
(P3,000.00) or imprisonment of not less
than fifteen (15) days but not more than
six (6) months, or both;
REPUBLIC ACT NO.
9003
• (c) Any person who violates Sec. 48 pars.
(8), (9), (10) and (11) for the first time
shall, upon conviction, pay a fine of Five
hundred thousand pesos (P500,000.00)
plus an amount not less than five percent
(5%) but not more than ten percent (10%)
of his net annual income during the
previous year.
REPUBLIC ACT NO.
9003
• (d) The additional penalty of imprisonment
of a minimum period of one (1) year, but
not to exceed three (3) years at the
discretion of the court, shall be imposed
for second or subsequent violations of
Sec. 48, paragraphs (9) and (10).
REPUBLIC ACT NO.
9003
• (e) Any person who violates Sec. 48, pars.
(12) and (13), shall, upon conviction, be
punished with a fine of not less than Ten
thousand pesos (P10,000.00) but not
more than Two hundred thousand pesos
(P200,000.00) or imprisonment of not less
than thirty (30) days but not more than
three(3) years, or both;
REPUBLIC ACT NO.
9003
• (f) Any person who violates Sec. 48, pars.
(14), (15) and (16) shall, upon conviction,
be punished with a fine not less than One
hundred thousand pesos (P100,000.00)
but not more than One million pesos
(P1,000,000.00), or imprisonment not less
than one (1) year but not more than six (6)
years, or both.
REPUBLIC ACT NO.
9003
• If the offense is committed by a
corporation, partnership, or other juridical
entity duly organized in accordance with
law, the chief executive officer, president,
general manager, managing partner or
such other officer-in-charge shall be liable
for the commission of the offense
penalized under this Act.
REPUBLIC ACT NO.
9003
• If the offender is an alien, he shall, after
service of the sentence prescribed above,
be deported without further administrative
proceedings.
• The fines herein prescribed shall be
increased by at least ten percent (10%)
every three (3) years to compensate for
inflation and to maintain the deterrent
function of such fines.