BASIC TRAINING

FOR
POLLUTION
CONTROL OFFICERS
June 27 to July 1, 2016 VIP HOTEL,
Cagayan de Oro City

Framework of
Environmental
Regulations and EMB
Mandates, Plans and
Programs
ATTY. ABBAS I. LAO
Legal Officer
EMB Region-X

Coverage of the Topic

The 1987 Philippine Constitution
Presidential Decree No. 1151: Philippine
Environmental Policy
Executive Order No. 192 of 1987:
Reorganization Act of the Department of
Environment and Natural Resources
Philippines EIS System
EMB Mandates, Plans and Programs
Laws on Terrestrial, Marine and Aquatic
Resources, Aerial and other Laws

Philippine Constitution
Philippine
Constitution

1973

Eventually considered inadequate against the

changing needs of Filipinos, the 1935
Constitution was replaced with a new one
ratified in 1973. The 1973 Constitution was
approved for ratification two months after the
imposition of the martial law on Nov. 29,
1972.

Proclamation
No. 3

1986

When Ferdinand E. Marcos was ousted in

1986, the new government led by Corazon C.
Aquino promulgated what is known as the
Provisional FREEDOM CONSTITUTION of the
Republic of the Philippines.

Philippine
Constitution

1987

As mandated under the Freedom Constitution,

the 1987 Constitution was promulgated by a
Constitutional Commission and ratified by
Filipino people. The new Constitution
restored the Presidential form of government.

Relevant Provisions of the

Constitution

PREAMBLE

We,
the
sovereign
Filipino
people,
imploring the aid of Almighty God, in order to
build a just and humane society, and establish
a government that shall embody our ideals
and aspirations, promote the common good,
conserve and develop our patrimony, and
secure to ourselves and our posterity, the
blessings of independence and democracy
under the rule of law and a regime of truth,
justice, freedom, love, equality and peace, do
ordain and promulgate this Constitution.

Relevant Provisions of the

Constitution

Art. I Philippine Territory

-

Philippine Territory comprises:

- Phil. Archipelago, with all the islands
and waters embraced therein,
- and all
other territories over w/c Phil. has
sovereignty or jurisdiction (consisting of
terrestrial, fluvial, aerial domain, including
territorial sea, the seabed, the subsoil, the
insular shelves and other submarine
areas)

Relevant Provisions of the

Constitution
Art. I
Philippine Territory comprises:
- The waters around, between,
and connecting the islands of the
archipelago, REGARDLESS of their
breadth and dimensions.

Relevant Provisions of the

Constitution
Art. II- Declaration of Principles
and State Policy, Sec. 16
The State shall protect and
advance the right of the people to a
balanced and healthful ecology in
accord with the rhythm and harmony
of nature.

Relevant Provisions of
Constitution
Art. II- Declaration of Principles
and State Policy, Sec. 15
The State shall protect and
promote the right to health of the
people
and
instil
health
consciousness among them.

Relevant Provisions of
Constitution
Art. II- Declaration of Principles
and State Policy, Sec. 2
The State adopts the generally
accepted principles of international
law as part of the law of the land.

Relevant Provisions of the

Constitution
Art. XII- National Patrimony, Sec. 2
All lands of public domain, waters, minerals,
coal, petroleum, and other mineral oils, all forces
of potential energy, fisheries, forests or timber,
wildlife, flora and fauna and other natural
resources are own by the State. With the
exception of agricultural lands, all other natural
resources shall not be alienated. The exploration,
development, and utilization of natural resources
shall
be under
the
FULL
CONTROL
and
SUPERVISION of the State

Art. XII- Sections 3, 4, and 5

EXECUTIVE ORDER NO.

131
January 30, 1987
EO No. 131 was issued creating
the
Department
of
Energy,
Environment and Natural Resources
(DEENR) that took the powers and
functions of Ministry of Natural
Resources (MNR) and embraced the
emerging critical concern about
energy and environment.

EXECUTIVE ORDER NO.

192
June 10, 1987
EO
No.
192
was
issued
Providing for the Reorganization of
the Department of Environment,
Energy
and Natural Resources
(DEENR) and Renaming it as the
Department of Environment and
Natural Resources (DENR), and for
other purposes.

EXECUTIVE ORDER NO.

192
Main Feature:
Transfer energy matters to the
Office of the President and the
decentralization of the bureaucracy
by transforming the former line
bureaus to staff bureaus and
transforming most of the line
function to the REGIONAL and
FIELD offices of the DENR.

EXECUTIVE ORDER NO.

192

Sec. 16

There
is
hereby
created
Environmental Management Bureau. The
National
Environmental
Protection
Council (NEPC), the National Pollution
Control Commission (NPCC), and the
Environmental Center of the Philippines
(ECP), are hereby abolished and their
powers
and
functions
are
hereby
integrated to EMB.

EXECUTIVE ORDER NO.

192
Objectives:
1.Assure the availability and
sustainability of the countrys natural
resources through judicious use and
systematic restoration or replacement,
whenever possible;
2.Increase the productivity of natural
resources in order to meet the demands
for forest, mineral, and land resources of
a growing population;

EXECUTIVE ORDER NO.

192

Objectives:

3. Enhance the contribution of natural

resources for achieving national
economic and social development;
4. Promote equitable access to natural
resources by the different sectors of
the population; and
5. Conserve specific terrestrial and
marine areas representative of the
Philippine natural and cultural
heritage for present and future
generations.

Philippine Environmental
Policy
PD 1151
- mandated the formulation of 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.

Philippine Environmental Policy

PD 1151
Recognizes that the environment
is
a
matter
of
government
responsibility. Aiming to launch a
comprehensive
program
of
environmental
protection
and
management, the law covered the
following areas of concern: air quality
management,
water
quality
management, land-use management,
natural resources management and
conservation
and
waste
management.

Philippine Environmental
Policy

PD 1151
EIS
requirement:
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;

Philippine Environmental
Policy
PD 1151
(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

Philippine Environmental
Policy
PD 1151
(e) whenever a proposal involves the use
of depletable or non-renewable
resources, a finding must be made that
such use and commitment are
warranted.

Philippine Environmental
Policy
PD 1151
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 30 days from receipt of the same.

P.D. 1152 (ENVIRONMENTAL CODE)

Title I Air Quality Management
- revised by RA 8749 (See Chapter 3)
Title II Water Quality Management
- revised and superseded by RA
9275 (See Chapter 4)
Title III Land Use Management

P.D. 1152 (ENVIRONMENTAL CODE)

Title VI Natural Resources
Management and Conservation:
Chapter I Fisheries and Aquatic
Resources
- reiterated and amplified by RA 8550 (See
Chapter 4)
Chapter II Wild Life
- modified by RA 9147 (See Chapter 3,
Protected Species)

P.D. 1152 (ENVIRONMENTAL CODE)

Title VI Natural Resources Management
and Conservation:
Chapter III Forestry and Soil
Conservation
Chapter IV Flood Control and Natural
Calamities
Chapter V Energy Development
- modified and amplified by RA 7638 of
1992

P.D. 1152 (ENVIRONMENTAL CODE)

Title VI Natural Resources Management
and Conservation:
Chapter VI Conservation and Utilization
of Surface and Ground Waters
Chapter VII Mineral Resources
- amplified by RA 7942 Philippine Mining of 1995

P.D. 1152 (ENVIRONMENTAL CODE)

Title V Waste
- modified by RA 9003 of 2000
- the responsibility of LGUs for solid
wastes mgt. is further amplified by the
provisions of LGC of 1991 (RA 7160)
and RA 9003.
Chapter III Methods of Liquid Waste
Disposal revised by RA 9275 of 2004

Philippine EIS System

Laws/Regulations

Year

Features

PD. 1586

1978

Establishing an Environmental Impact

Statement (EIS) System: centralizes the EIS
System under the National Environmental
Protection Council (NEPC), & authorizes the
President and NEPC to proclaim projects and
activities subject to the EIS System

Proclamation 2146

1981

Proclaims certain areas and types of projects

as environmentally critical and within the
scope of the EIS System

DENR
Administrative
Order 03-30

2007

Revising DAO 96-37, Series of 2005, which

-integrates DENR MC 2007-08 issued on 13
July 2007 segregating from the EIA process
the practice of prior submission of permits,
clearances, licenses and other similar
government approvals outside the EMB
mandate.

The Philippine Environmental Impact

Statement System (PD 1586)
Establishing Philippine Environmental Impact Statement System,
Including Other Environmental Management Related Measures
and for Other Purposes

to attain and maintain a rational and

orderly balance between economic
growth and environmental protection
This policy is achieved through the
sustainable use, management, renewal
and conservation of the countrys natural
resources including the protection and
enhancement for the use of the present
and future generations.

PURPOSE OF EIA
The real value of the EIA Process is in
the reduction of adverse environmental
impact as a result of incremental
decision making before a proposed action
reaches final decision-making on whether
it should be allowed to proceed or not

 To

PURPOSE OF EIA

aid the proponent/applicant on

environmental considerations prior to
starting construction works on the
project1
To aid agencies in considering EIA
results in their decision making for
their respective permitting systems

DAO 2003-30 of June 30,2003: Sec 1 (b)

states - The EIS system aid proponents in
incorporating environmental considerations
in planning their projects as well as
determining the environmental impacts of
their projects
1

Prohibition (Sec. 4 of PD 1586)

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

No
person partnership or corporation shall
undertake
or
operate
any
such
declared
environmentally
critical
project or area without first securing
an ECC issued by the President or his
duly authorized representative. xxx
or

areas

in

the

country

as

environmentally

critical.

SCOPE OF THE EIS SYSTEM

Only projects that pose
potential
significant
impact
to
the
environment
shall
be
required to secure an
ECC

The issuance of ECC or Certificate of Noncoverage (CNC) for a project under the EIS
System does not exempt the proponent
from securing other government permits
and clearances as required by other laws.

What is an ECC ?
The document issued by the DENR Secretary
or the EMB certifying that based on the EIS by
the proponent and the preparers, as reviewed
by the EIARC, the proposed undertaking will
not cause significant negative impacts; that
the proponent has complied with all the
requirements of the EIS system, and that the
proponent is committed to implement its
approved EMP in the EIS or mitigating
measures in the IEE

Penalty of Violation

(Sec. 9 of PD 1586)

Any person, corporation or partnership

found violating Section 4 of PD 1586 or
the terms and conditions in the
issuance of the ECC or of the
standards, rules and regulations issued
pursuant to this decree shall be
punished by the NEPC (now DENR/EMB)
the suspension or cancellation of its
certificate and/or a fine not to exceed
P50,000 for every violation thereof.

Appeal (Sec. 6 of DAO 2003-30)

The proponent or any stakeholder may file

an appeal from any adverse jurisdiction
with the following:

Deciding Authority Where to file the appeal

EMB Regional Office Office of the EMB Director
EMB Central Office
DENR Secretary

Office
of
the
DENR
Secretary
Office of the President
Jurisdiction: DENR/EMB

TERRESTRIAL LAWS
Laws/Regulations

Year

Title

Act No. 3572

An Act to Prohibit the Cutting of

1929 Tindalo, Akle, or Molave Trees, under
Certain Conditions, and to Penalize
Violation Thereof.

P.D. 705

1975 Revised Forestry Code of the

Philippines .

P.D. 1433

1978 Plant Quarantine Decree of 1978

R.A. No. 3571

An Act to Prohibit the Cutting,

1963 Destroying or Injuring of Planted or
Growing Trees, Flowering Plants
and Shrubs or Plants of Scenic
Value along Public Roads, Plazas,
Parks, School Premises or in any
other Public Grounds.

TERRESTRIAL LAWS
Laws/Regulations

Year

Title

R.A. No. 7076

1991 Peoples Small Scale Mining Act of

1991.

R.A. No. 7586

1992 National Integrated Protected Areas

System Act of 1992

R.A. No. 7611

1992 Strategic Environmental Plan (SEP)

for Palawan Act

R.A. No. 7942

R.A. No. 9072
R.A. No. 9147
R.A. No. 9175

1995

Philippine Mining Act of 1995

2001 National Cave and Resources

Management and Protection Act

2001 Wildlife Resources Conservation
and Protection Act
2002 Chain Saw Act of 2002

MARINE AND AQUATIC RESOURCES

LAWS
Laws/Regulations

Year

Title

P.D. No. 979

1976 Marine Pollution Decree of 1976

P.D. No. 1067

1976 Water Code of the Philippines

R.A. No. 4850

1996 Laguna Lake Development Authority

Act

R.A. No. 8550

1998

Philippine Fisheries Code of 1998

R.A. No. 9275

2004

R.A. No. 9483

Philippine Clean Water

Act of 2004

2007 Oil Pollution Compensation Act of

2007

Clean Water Act of 2004

(RA No. 9275)

Aims to preserve, and revive the

quality of the countrys fresh, brackish, and
marine waters by promoting environmental
strategies geared towards the protection of
water resources.
It also formulates an Integrated Water
Quality Management Framework and Water
Quality Management Action Plan for the
utilization and development of the countrys
water supply and for the prevention of
water pollution.

AERIAL LAW
Laws/Regulations

R.A. No. 8749

Year

1999

Title

Philippine Clean Air

Act of 1999

Adopts the constitutional rights of the people to

a
balanced and healthful ecology .
It provides for an Integrated Air Quality
Improvement Framework designed to implement
a management and control program to reduce
emissions and prevent air pollution. It also
provides for an Air Quality Control Action Plan
that shall be implemented to enforce appropriate
devices, methods, systems, and measures to

OTHER LAWS
Laws/Regulations

Year

Title

P.D. No. 856

1975

R.A. No. 6969

1990

R.A. No. 8371

1997

Indigenous Peoples Rights Act of 2000

R.A. No. 9003

2000

R.A. No. 9512

2008

Ecological Solid Waste

Management Act of 2000

R.A. No. 9729

2009

Code of Sanitation of the Philippines

Toxic Substances and

Hazardous and Nuclear Waste
Control Act of 1990

Environmental Awareness Act

of 2008
Philippine Climate Change Act of 2009

Toxic Substances and Hazardous

and Nuclear Waste..

(RA No. 6969)

Aims 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 environment.
It also prohibits the entry of hazardous
materials and nuclear wastes into the
country.

Ecological Solid Waste

Management Act of 2000

(RA No. 9003)

Recognizes
the
States
crucial
responsibility to adopt a systematic,
comprehensive and ecological solid waste
management program. This is to ensure the
protection of public health and the
environment.
The law sets guidelines and targets for
solid
waste
avoidance
and
volume
reduction and aims to ensure the proper
segregation, collection, transport, storage,
treatment and disposal of solid waste.

Environmental Awareness Act of

2008

(RA No. 9512)

Responsible
Agencies
shall
integrate environmental education in its
school curricula at all levels, whether
public or private, including Barangay
Daycare,
Preschool,
Non-formal,
Technical vocational, Professional level,
Indigenous learning and out of school
youth courses or programs
Responsible Agencies:
DepEd, CHED, TESDA, DENR, DOST
and other relevant agencies.

THANK YOU
VERY MUCH!