EnvironmentalJURISPRUDENCE

Law

A rule of action established by authority.

Defined in the most generic way by St. Augustine as “an ordinance of reason promulgated for the common good by Him who is in in charge.”

EXECUTIVE ORDER NO. 192 (1987) - Providing for the reorganization of the Department of Environment, Energy, and Natural Resources it as the Department of Environment and Natural Resources (DENR) and for other purposes.Section 13: Forest Management Bureau – to absorb the functions of BFD and WIDASection 14: Land Management Bureau – Bureau of LandsSection 15: Mines and Geosciences Bureau – MBGS, MRDP, GMIDBSection 16: Environment Management Bureau – NEPC, NPCC and ECPSection 17: Ecosystem Research and Development Bureau – abolished the Research Institute and National Mangrove Committee

The Environmental Protection Laws of the Philippines

ARTICLE XIINational Economy and Patrimony

Section 4: The Congress shall, as soon as possible determine by law the specific limits of forest lands and national parks, marking clearly their boundaries on the ground. Thereafter such forest lands and national parks shall be considered and may not be increased nor diminished, except by law. The Congress shall provide, for such period as it may determine, measures to prohibit logging in endangered forests and watershed areas.

PRESIDENTIAL DECREE NO. 1151

1. The Philippine Environmental Policy: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.

2. Philippine Environment Code:Section 1: Short Title: “Philippine Environment”

Title I. Air Quality ManagementTitle II. Water Quality ManagementTitle III. Land Use and ManagementTitle IV. Natural Resources

Management and Conservation

Chapter I.Fisheries and Aquatic Resources

Chapter II. WildlifeChapter III. Forestry and Soil ConservationChapter IV.

Flood Control and Natural CalamitiesChapter V. Energy Development

Chapter VI.Conservation and Utilization of Surface and Ground Water

Chapter VII. Mineral ResourcesTitle V. Waste ManagementTitle VI. Miscellaneous Provisions

Some additional Laws:

P.D. No. 1442 - An act to promote the exploration and development of Geothermal resources.

E.O No. 223 – Vesting of the Philippine National Oil Company (PNOC) the Jurisdiction, Control and Management, Protection, Development and Rehabilitation over the Watershed Areas of Geothermal Reservation where PNOC has geothermal projects, plants and properties.

---

Laws on FisheriesP.D. No. 1152 (Title IV) Chapter 1. Fisheries and

Aquatic Resources.P.D. No. 704 – Revising and consolidating all laws

and decrees affecting fishing and fisheries.

P.D. No. 1219 – Providing for the exploration, exploitation, utilization ad conservation of coral resources.

<<<

Law on Flood Control and Natural Calamities and the Forestry LawP.D. No. 1152 (Title IV) Chapter III – Forestry and Soil ConservationR.A. No. 3571 – An act prohibiting the cutting, destroying or injuring of

planted or growing trees or of the flowering plants and shrubs or plants of scenic value along public roads, in plazas, parks, school premises, or in any public ground.

<<<

P.D. No. 1152 (Title IV) Chapter IV – Flood Control and Natural CalamitiesSection 34: a. the control of flow and flooding in and from rivers and lakes.

P.D. No. 18 – Established the Metropolitan Manila Flood Control And Drainage Council.

P.D. No. 78 - Established the Philippine Atmospheric, Geophysical and Astronomical Services Administration (PAG-ASA).

<<<

Land Use Planning and ManagementP.D. No. 1152 (Title III) – Land Use ManagementP.D. No. 957 – Regulating the sale of subdivision lots

and condominiums, providing penalties for violations thereof.

P.D. No. 1198 – Requiring all individuals, partnership or corporation engaged in exploration, development and exploitation of natural resources in the construction of infrastructure of projects to restore or rehabilitate areas subject thereof or affected thereby to their original condition.

<<<

MiningP.D. No. 1152 (Title IV) Chapter VII – Mineral ResourceP.D. No. 463 – Providing for a modernized system of

administration and disposition of mineral lands and to promote and encourage the development and exploitation thereof.

P.D. No 211 Series of 87 – Prescribing the interim procedures in the processing and approval of applications for the exploitation, development and utilization of minerals.

LOI 1214 – Directing measures to safeguard the gold, copper and other metals industry.

<<<

Pollution and Traffic ManagementP.D. No. 1152 (Title I) – Air Quality Management

Section 3: Ambient Air Quality StandardSection 4: Natural Emission StandardSection 5: Community Noise StandardSection 6: Standard for Noise-Producing EquipmentSection 7: Aircraft Emission and Sonic booms

P.D. No. 602 – Establishing an Oil Pollution Operations Center in the Philippine Coast Guard Headquarters.

P.D. No. 1181 – Providing for the prevention, control and abatement of air pollution from motor vehicles and for other purposes.

<<<

Philippine Law on Energy

P.D. No. 1152 (Title IV) Chapter V – Energy Development

R.A. 1815 – An act to create the Philippine Nuclear Energy Commission to administer, regulate and control the use, application and disposition of fissionable materials, to authorize the establishment and administration of an atomic reactor, to determine the manner of development, use and control of atomic energy, to provide funds thereof, and for other purposes.

P.D. No. 508 – Providing guideline for the development and utilization of small or sub-commercial deposits of natural marsh gas or methane gas in the Philippines and granting gratuitous permits thereof.

Section 49 – The dumping or disposal of solid wastes into the sea and any body of water in the Philippines, including shorelines and river banks where these wastes are likely to be washed into the water is prohibited.

<<<

Water and Water Quality ManagementP.D. No. 1152 (Title IV) Chapter VI –

Conservation and Utilization of Surface and Ground Waters

P.D. No. 274 – Pertains to the preservation, beautification, improvement and gainful utilization of the Pasig River, providing for the regulation and control of pollution of the river and its banks in order to enhance its development, thereby maximizing its utilization for socio-economic purposes.

<<<

WildlifeSection 29 – Measures for Rational Exploitation – Measures for

rational exploitation of wildlife resources may include, but shall not be limited to the following:a. regulating the marketing of threatened wildlife resources;b. reviewing all existing rules and regulations on the exploitation of wildlife resources with a view of formulating guidelines for the systematic and effective enforcement thereof; andc. conserving the threatened species of fauna, increasing their rate of production, maintaining their original habitat; habitat manipulation, determining bag/cree limits, population control in relation to the carrying capacity of any given area, banning of indiscriminate and/or destructive means of catching or hunting them.

<<<

Waste ManagementChapter I – Enforcement and GuidelinesSection 44. Responsibility of Local Government. - Each province,

city or municipality shall provide measures to facilitate collection, transportation, processing and disposal of waste within its jurisdiction in coordination with other government agencies concerned. For this purpose, the national government shall provide the necessary subsidy to local governments upon request made through the National Environmental Protection Council and subject to such terms and conditions as the latter may provide.

Chapter II - Section 45. Solid Waste Disposal. - Solid waste disposal shall be by sanitary landfill, incineration, composting, and other methods as may be approved by competent government authority.

Section 49. Dumping into the Sea and Other Navigable Waters. – The dumping or disposal of solid wastes into the sea and any body of water in the Philippines, including shore-lines and river banks, where the wastes are likely to be washed into the water is prohibited. However, dumping of solid wastes or other materials into the sea or any navigable waters shall be permitted in case of immediate or imminent danger to life and property, subject to the rules and regulations of the Philippine Coast Guard and the National Pollution Control Commission.

Chapter III - Section 50. Liquid Waste Disposal. - Wastewater from manufacturing plants, industries, community, or domestic sources shall be treated either physically, biologically or chemically prior to disposal in accordance with the rules and regulations promulgated by proper government authority.

Section 51. Applicability of Section 49. - The provisions of Section 49 hereof shall likewise apply to the dumping or disposal of liquid waste into the sea and other bodies of water.

<<<

Miscellaneous ProvisionsSection 52. Population-Environment Balance. - In the assessment of

development projects, the National Environmental Protection Council, hereinafter referred to in this Title as the Council, shall take into consideration their effect on population with a view to achieving a rational and orderly balance between man and his environment.

Section 53. Environmental Education. - The Department of Education and Culture shall integrate subjects on environmental education in its school curricula at all levels. It shall also endeavor to conduct special community education emphasizing the relationship of man and nature as well as environmental sanitation and practices. The Council and other government agencies implementing environmental protection laws in coordination with public information agencies of the government shall undertake public information activities for the purpose of stimulating awareness and encouraging involvement in environmental protection.

<<<

Water Quality ManagementSection 14. Purpose. - It is the purpose of this Title

to prescribe management guidelines aimed to protect and improve the quality of Philippine water resources through:

a) classification of Philippine waters,b) establishment of water quality standards;c) protection and improvement of the quality of

Philippine water resources, andd) responsibilities for surveillance and mitigation of

pollution incidents.<<<