SYLLABUS ON ENVIRONMENTAL LAWS Part 1: Constitutional Provisions, Civil Code Provisions and General Laws IV.

Relevant Provisions of the 1987 Constitution

V. 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. VI. National Territory The national territory comprises the Philippine archipelago, with all the islands and waters embraced therein, and all other territories over which the Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial and aerial domains, including its territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas. The waters around, between, and connecting the islands of the archipelago, regardless of their breadth and dimensions, form part of the internal waters of the Philippines. Philippine national territory includes the following: (a) the Philippine archipelago, with all the islands and waters embraced therein; (b) all other territories over which the Philippines has sovereignty or jurisdiction consisting of territorial, fluvial and aerial domains; (c) the territorial sea, the seabed, the subsoil, and insular shelves and other submarine areas; and (d) the waters around, between, and connecting the islands of the archipelago, regardless of their breadth and dimensions.

Territorial sea is that part of the sea extending 12 nautical miles (19 kms) from the low-water mark. It is also called the marginal sea, the marginal belt or the marine belt. Seabed is the land that holds the sea, lying beyond the seashore, including mineral and natural resources. It is at the top portion of the submarine area. The subsoil is everything beneath the surface soil and the seabed including mineral and natural resources. Insural shelves are the submerged portions of a continent or offshore island, which slope gently seaward from the low waterline to a point where a substantial break in grade occurs, at which point the bottom slopes seaward at a considerable increase in slope until the great ocean depths are reached; and Other submarine areas refers to those which are under the territorial sea. They are ottherwise referred to as seamount, trough, trench, deep, bank, shoal, and reef.

VII.Declaration of Principles and State Policies Section 15. The State shall protect and promote the right to health of the people and instill health consciousness among them. Section 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. Oposa vs. Factoran 224 SCRA 792 The complaint focuses on one specific fundamental legal right the right to a balanced and healthful ecology which, for the first time in our nation's constitutional history, is solemnly incorporated in the fundamental law. Section 16, Article II of the 1987 Constitution explicitly provides: xxx This right unites with the right to health which is provided for in the preceding section of the same article: Sec. 15. xxx While the right to a balanced and healthful ecology is to be found under the Declaration of Principles and State Policies and not under the Bill of Rights, it does not follow that it is less important than any of the civil and political rights enumerated in the latter. Such a right belongs to a different category of rights altogether for it concerns nothing less than self-preservation and selfperpetuation aptly and fittingly stressed by the petitioners the advancement of which may even be said to predate all governments and constitutions. As a matter of fact, these basic rights need not even be written in the Constitution for they are assumed to exist from the inception of humankind. If they are now explicitly mentioned in the fundamental charter, it is because of the well-founded fear of its framers that unless the rights to a balanced and healthful ecology and to health are mandated as state policies by the Constitution itself, thereby highlighting their continuing importance and imposing upon the state a solemn obligation to preserve the first and protect and advance the second, the day would not be too far when all else would be lost not only for the present generation, but also for those to come generations which stand to inherit nothing but parched earth incapable of sustaining life. The right to a balanced and healthful ecology carries with it the correlative duty to refrain from impairing the environment. The said right implies, among many other things, the judicious management and conservation of the country's forests. Without such forests, the ecological or environmental balance would be irreversiby disrupted. Conformably with the enunciated right to a balanced and healthful ecology and the right to health, as well as the other related provisions of the Constitution concerning the conservation, development and utilization of the country's natural resources, then President Corazon C. Aquino promulgated on 10 June 1987 E.O. No. 192, Section 4 of which expressly mandates that the Department of Environment and Natural Resources "shall be the primary government agency responsible for the conservation, management, development and proper use of the country's environment and natural resources, specifically forest and grazing lands, mineral, resources, including those in reservation and watershed areas, and lands of the public domain, as well as the licensing and regulation of all

natural resources as may be provided for by law in order to ensure equitable sharing of the benefits derived therefrom for the welfare of the present and future generations of Filipinos." Section 3 thereof makes the following statement of policy: xxx This policy declaration is substantially re-stated it Title XIV, Book IV of the Administrative Code of 1987, specifically in Section 1 thereof which reads: xxx The above provision stresses "the necessity of maintaining a sound ecological balance and protecting and enhancing the quality of the environment." Section 2 of the same Title, on the other hand, specifically speaks of the mandate of the DENR; however, it makes particular reference to the fact of the agency's being subject to law and higher authority. Said section provides: xxx Both E.O. NO. 192 and the Administrative Code of 1987 have set the objectives which will serve as the bases for policy formulation, and have defined the powers and functions of the DENR. It may, however, be recalled that even before the ratification of the 1987 Constitution, specific statutes already paid special attention to the "environmental right" of the present and future generations. On 6 June 1977, P.D. No. 1151 (Philippine Environmental Policy) and P.D. No. 1152 (Philippine Environment Code) were issued. The former "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." As its goal, it speaks of the "responsibilities of each generation as trustee and guardian of the environment for succeeding generations." The latter statute, on the other hand, gave flesh to the said policy. Thus, the right of the petitioners (and all those they represent) to a balanced and healthful ecology is as clear as the DENR's duty under its mandate and by virtue of its powers and functions under E.O. No. 192 and the Administrative Code of 1987 to protect and advance the said right. A denial or violation of that right by the other who has the corelative duty or obligation to respect or protect the same gives rise to a cause of action. Petitioners maintain that the granting of the TLAs, which they claim was done with grave abuse of discretion, violated their right to a balanced and healthful ecology; hence, the full protection thereof requires that no further TLAs should be renewed or granted. VIII.Bill of Rights IX. Right to Due Process of Law Section 1. No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws. X. Right to Privacy Section 2. The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no search warrant or

warrant of arrest shall issue except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the persons or things to be seized. Section 3. (1) The privacy of communication and correspondence shall be inviolable except upon lawful order of the court, or when public safety or order requires otherwise, as prescribed by law. (2) Any evidence obtained in violation of this or the preceding section shall be inadmissible for any purpose in any proceeding. XI. Right to Access to Information (Valmonte v. Belmonte; Legaspi v. CSC) Section 7. The right of the people to information on matters of public concern shall be recognized. Access to official records, and to documents and papers pertaining to official acts, transactions, or decisions, as well as to government research data used as basis for policy development, shall be afforded the citizen, subject to such limitations as may be provided by law. Legaspi v. CSC These constitutional provisions are self-executing. They supply the rules by means of which the right to information may be enjoyed (Cooley, A Treatise on the Constitutional Limitations 167 [1927]) by guaranteeing the right and mandating the duty to afford access to sources of information. Hence, the fundamental right therein recognized may be asserted by the people upon the ratification of the constitution without need for any ancillary act of the Legislature. (Id. at, p. 165) What may be provided for by the Legislature are reasonable conditions and limitations upon the access to be afforded which must, of necessity, be consistent with the declared State policy of full public disclosure of all transactions involving public interest (Constitution, Art. 11, Sec. 28). However, it cannot be overemphasized that whatever limitation may be prescribed by the Legislature, the right and the duty under Art. III Sec. 7 have become operative and enforceable by virtue of the adoption of the New Charter. Therefore, the right may be properly invoked in a mandamus proceeding such as this one. But then, it is not enough that the information sought is of public interest. For mandamus to lie in a given case, the information must not be among the species exempted by law from the operation of the constitutional guarantee. In the instant, case while refusing to confirm or deny the claims of eligibility, the respondent has failed to cite any provision in the Civil Service Law which would limit the petitioner's right to know who are, and who are not, civil service eligibles. We take judicial notice of the fact that the names of those who pass the civil service examinations, as in bar examinations and licensure examinations for various professions, are released to the public. Hence, there is nothing secret about one's civil service eligibility, if actually possessed. Petitioner's request is, therefore, neither unusual nor unreasonable. And when, as in this case, the government employees concerned claim to be civil service eligibles, the public, through any citizen, has a right to verify their professed eligibilities from the Civil Service Commission. The civil service eligibility of a sanitarian being of public concern, and in the absence of express limitations under the law upon access to the register of civil service eligibles for said position, the duty of the respondent Commission

to confirm or deny the civil service eligibility of any person occupying the position becomes imperative. Mandamus, therefore lies.

XII.National Economy and Patrimony XIII.Efficient Use of Resources Section 1. The goals of the national economy are a more equitable distribution of opportunities, income, and wealth; a sustained increase in the amount of goods and services produced by the nation for the benefit of the people; and an expanding productivity as the key to raising the quality of life for all, especially the under-privileged. The State shall promote industrialization and full employment based on sound agricultural development and agrarian reform, through industries that make full and efficient use of human and natural resources, and which are competitive in both domestic and foreign markets. However, the State shall protect Filipino enterprises against unfair foreign competition and trade practices. In the pursuit of these goals, all sectors of the economy and all regions of the country shall be given optimum opportunity to develop. Private enterprises, including corporations, cooperatives, and similar collective organizations, shall be encouraged to broaden the base of their ownership. XIV.State Ownership of Natural Resources Section 2. All lands of the public domain, waters, minerals, coal, petroleum, and other mineral oils, all forces of potential energy, fisheries, forests or timber, wildlife, flora and fauna, and other natural resources are owned by the State. With the exception of agricultural lands, all other natural resources shall not be alienated. The exploration, development, and utilization of natural resources shall be under the full control and supervision of the State. The State may directly undertake such activities, or it may enter into coproduction, joint venture, or production-sharing agreements with Filipino citizens, or corporations or associations at least sixty per centum of whose capital is owned by such citizens. Such agreements may be for a period not exceeding twenty-five years, renewable for not more than twenty-five years, and under such terms and conditions as may be provided by law. In cases of water rights for irrigation, water supply fisheries, or industrial uses other than the development of water power, beneficial use may be the measure and limit of the grant. The State shall protect the nation's marine wealth in its archipelagic waters, territorial sea, and exclusive economic zone, and reserve its use and enjoyment exclusively to Filipino citizens. The Congress may, by law, allow small-scale utilization of natural resources by Filipino citizens, as well as cooperative fish farming, with priority to subsistence fishermen and fish- workers in rivers, lakes, bays, and lagoons. The President may enter into agreements with foreign-owned corporations involving either technical or financial assistance for large-scale exploration, development, and utilization of minerals, petroleum, and other mineral oils according to the general terms and conditions provided by law, based on real

contributions to the economic growth and general welfare of the country. In such agreements, the State shall promote the development and use of local scientific and technical resources. The President shall notify the Congress of every contract entered into in accordance with this provision, within thirty days from its execution. Oh Cho v. Director of Lands, 75 Phil. 890 All lands that were not acquired from the Government, either by purchase or grant, belong to the public domain. An exception to the rule would be any land that should have been in the possession of an occupant and of his predecessors in interest since time immemorial. FOR SUCH POSSESSION WOULD JUSTIFY THE PRESUMPTION THAT THE LAND HAVE NEVER BEEN PART OF THE PUBLIC DOMAIN OR THAT IT HAD BEEN A PRIVATE PROPERTY EVEN BEFORE THE SPANISH CONQUEST. Director of Lands vs. CA, G.R. No. 112567, February 7, 2000 The underlying principle is that all lands that were not acquired from the government, either by purchase or by grant, belong to the state as part of the public domain. REGALIAN DOCTRINE Under the Regalian doctrine, which is embodied in our Constitution, all lands of the public domain belong to the State, which is the source of any asserted right to any ownership of land. All lands not appearing to be clearly within private ownership are presumed to belong to the State. Accordingly, public lands not shown to have been reclassified or released as alienable agricultural land, or alienated to a private person by the State, remain part of the inalienable public domain. The burden of proof in overcoming the presumption of State ownership of the lands of the public domain is on the person applying for registration (or claiming ownership), who must prove that the land subject of the application is alienable or disposable. To overcome this presumption, incontrovertible evidence must be established that the land subject of the application (or claim) is alienable or disposable. Republic vs. dela Paz, G.R. No. 171631, November 15, 2010 This is an application of the Regalian doctrine which, as its name implies, is intended for the benefit of the State, not of private persons. The rule simply reserves to the State all minerals that may be found in public and even private land devoted to "agricultural, industrial, commercial, residential or (for) any purpose other than mining." Thus, if a person is the owner of agricultural land in which minerals are discovered, his ownership of such land does not give him the right to extract or utilize the said minerals without the permission of the State to which such minerals belong. Republic vs. CA, G.R. No. L-43938, April 15, 1988

XV.Land Public Domain and Classification

Section 3. Lands of the public domain are classified into agricultural, forest or timber, mineral lands and national parks. Agricultural lands of the public domain may be further classified by law according to the uses to which they may be devoted. Alienable lands of the public domain shall be limited to agricultural lands. Private corporations or associations may not hold such alienable lands of the public domain except by lease, for a period not exceeding twenty-five years, renewable for not more than twenty-five years, and not to exceed one thousand hectares in area. Citizens of the Philippines may lease not more than five hundred hectares, or acquire not more than twelve hectares thereof, by purchase, homestead, or grant. Taking into account the requirements of conservation, ecology, and development, and subject to the requirements of agrarian reform, the Congress shall determine, by law, the size of lands of the public domain which may be acquired, developed, held, or leased and the conditions therefor. XVI.Limits of Forest Lands 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 conserved and may not be increased nor diminished, except by law. The Congress shall provide for such period as it may determine, measures to prohibit logging in endangered forests and watershed areas. Ancestral Domains - refer to all areas generally belonging to Indigenous Cultural Communities/Indigenous Peoples (ICCs/Ips) comprising lands,inland waters, coastal areas, and natural resources therein, held under a claim of ownership, occupied or possessed by ICCs/IPs, themselves or through their ancestors, communally or individually since time immemorial, continuously to the present except when interrupted by war, force majeure or displacement by force, deceit, stealth or as a consequence of government projects or any other voluntary dealings entered into by government and private individuals, corporations, and which are necessary to ensure their economic, social and cultural welfare. It shall include ancestral land, forests, pasture, residential, agricultural, and other lands individually owned whether alienable and disposable or otherwise, hunting grounds, burial grounds, worship areas, bodies of water, mineral and other natural resources, and lands which may no longer be exclusively occupied by ICCs/IPs but from which their traditionally had access to for their subsistence and traditional activities, particularly the home ranges of ICCs/IPs who are still nomadic and/or shifting cultivators; (RA 8371) Ancestral Lands - refers to land occupied, possessed and utilized by individuals, families and clans who are members of the ICCs/IPs since time immemorial, by themselves or through their predecessors-in-interest, under claims of individual or traditional group ownership,continuously, to the present except when interrupted by war, force majeure or displacement by force, deceit, stealth, or as a consequence of government projects and other voluntary dealings entered into by government and private individuals/corporations, including, but not limited to, residential lots, rice terraces or paddies, private forests, swidden farms and tree lots; (RA 8371)

XVII.Indigenous Cultural Communities Section 5. The State, subject to the provisions of this Constitution and national development policies and programs, shall protect the rights of indigenous cultural communities to their ancestral lands to ensure their economic, social, and cultural well-being. The Congress may provide for the applicability of customary laws governing property rights or relations in determining the ownership and extent of ancestral domain. XVIII.Social Function of Property Section 6. The use of property bears a social function, and all economic agents shall contribute to the common good. Individuals and private groups, including corporations, cooperatives, and similar collective organizations, shall have the right to own, establish, and operate economic enterprises, subject to the duty of the State to promote distributive justice and to intervene when the common good so demands. XIX.Social Justice and Human Rights XX.Ecological Considerations in Agrarian Reform Section 4. The State shall, by law, undertake an agrarian reform program founded on the right of farmers and regular farmworkers who are landless, to own directly or collectively the lands they till or, in the case of other farmworkers, to receive a just share of the fruits thereof. To this end, the State shall encourage and undertake the just distribution of all agricultural lands, subject to such priorities and reasonable retention limits as the Congress may prescribe, taking into account ecological, developmental, or equity considerations, and subject to the payment of just compensation. In determining retention limits, the State shall respect the right of small landowners. The State shall further provide incentives for voluntary landsharing. XXI.Preferential Use of Marine Resources for Subsistence Fishermen Section 7. The State shall protect the rights of subsistence fishermen, especially of local communities, to the preferential use of the communal marine and fishing resources, both inland and offshore. It shall provide support to such fishermen through appropriate technology and research, adequate financial, production, and marketing assistance, and other services. The State shall also protect, develop, and conserve such resources. The protection shall extend to offshore fishing grounds of subsistence fishermen against foreign intrusion. Fishworkers shall receive a just share from their labor in the utilization of marine and fishing resources. XXII.Health Care and Regulation Section 11. The State shall adopt an integrated and comprehensive approach to health development which shall endeavor to make essential goods, health and other social services available to all the people at affordable cost. There shall be priority for the needs of the under-privileged, sick, elderly, disabled,

women, and children. The State shall endeavor to provide free medical care to paupers. Section 12. The State shall establish and maintain an effective food and drug regulatory system and undertake appropriate health, manpower development, and research, responsive to the country's health needs and problems. Section 13. The State shall establish a special agency for disabled person for their rehabilitation, self-development, and self-reliance, and their integration into the mainstream of society. XXIII.Rights of Women Section 14. The State shall protect working women by providing safe and healthful working conditions, taking into account their maternal functions, and such facilities and opportunities that will enhance their welfare and enable them to realize their full potential in the service of the nation. XXIV.Role and Rights of Peoples Organization Section 15. The State shall respect the role of independent people's organizations to enable the people to pursue and protect, within the democratic framework, their legitimate and collective interests and aspirations through peaceful and lawful means. People's organizations are bona fide associations of citizens with demonstrated capacity to promote the public interest and with identifiable leadership, membership, and structure. Section 16. The right of the people and their organizations to effective and reasonable participation at all levels of social, political, and economic decision-making shall not be abridged. The State shall, by law, facilitate the establishment of adequate consultation mechanisms. XXV.Local Autonomy Section 5. Each local government unit shall have the power to create its own sources of revenues and to levy taxes, fees and charges subject to such guidelines and limitations as the Congress may provide, consistent with the basic policy of local autonomy. Such taxes, fees, and charges shall accrue exclusively to the local governments. Section 6. Local government units shall have a just share, as determined by law, in the national taxes which shall be automatically released to them. Section 7. Local governments shall be entitled to an equitable share in the proceeds of the utilization and development of the national wealth within their respective areas, in the manner provided by law, including sharing the same with the inhabitants by way of direct benefits.

XXVI.General Environmental Laws

1. Philippine Environmental Policy (PD 1151) 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; Section 1 - Policy It is hereby declared a continuing policy of the State: XXVII.to create, develop, maintain, and improve conditions under which man and nature can thrive in productive and enjoyable harmony with each other; XXVIII.to fulfill the social, economic and other requirements of present and future generations of Filipino; and XXIX.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 XXX.recognize, discharge and fulfill the responsibilities of each generation as trustee and guardian of the environment for succeeding generations; XXXI.to assure the people of a safe, decent, healthful, productive and aesthetic environment; XXXII.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; XXXIII.preserve important historic and cultural aspects of the Philippine heritage; XXXIV.attain a rational and orderly balance between population and resource use; and XXXV.improve the utilization of renewable and non-renewable resources. Section 3 - Right to a Healthy 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 Statement All agencies and instrumentalities of the national government-owned or controlled corporations, as well firms and entities shall prepare, file and include in undertaking which significantly affects the quality detailed statement on: government, including as private corporations, every action, project or of the environment a

XXXVI.the environmental impact of the proposed action, project or undertaking; XXXVII.any adverse environmental effect which cannot be avoided should the proposal be implemented; XXXVIII.alternative to the proposed action; XXXIX.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

XL. whenever a proposal involves the use of depletable or nonrenewable 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 the receipt of the same. Section 5 - Agency Guidelines The different agencies charged with environmental protection shall submit to the National Environmental Protection Council (NEPC), their respective, guidelines, rules and regulations to carry out the provisions of Section 4 hereof on environmental impact assessments and statements. 2. Philippine Environmental Code (PD 1152) See separate printed copy. 3. Environmental Impact Assessment System Environmental Impact Assessment System The environmental impact assessment system is part of the planning process to devise a measure for estimating and analyzing the negative effects of a development project on the natural environment and reducing such effects when establishing the plan for the development project, as well as a method to support decision-making activities. It is recognized that it is hard to solve the root causes of environmental pollution with ex post facto measures alone, as the destruction of ecosystems and environmental pollution has been increasing. In response, the environmental impact assessment system was introduced as a preliminary preventive policy measure that ensures environmental factors are considered at the initial stage of setting up a development plan. The environmental impact assessment system has come to be an important system for preventing environmental conditions from becoming worse and achieving environmentally and socially sustainable development, as it is designed to consider not only economic and technical aspects but also environmental aspects when establishing and implementing a development project. Introduction and Implementation of Environmental Impact Assessment System The environmental impact assessment system was first introduced when Article 5 (on Prior Consultation) of the Environment Preservation Act legislated in 1977 established a legal basis for consultation on urban development, the preparation of industrial sites, and the implementation of energy development by public institutions, but EIA could not be conducted as related subordinate regulations such as one on how to write EIA report were not established. Environmental impact assessment could be conducted in earnest following the establishment of the Regulations for Drawing up Environmental Impact Assessment (Notification of Environment Agency No.81-4) in February 1981. Subsequently, through the revision of the Environment Preservation Act, the

government expanded the range of projects to which the Environment Preservation Act could be applied. With this expansion, the Environmental Preservation Act was applied not only to projects led by administrative institutions, public institutions, and government-invested institutions, but also projects carried out by private corporations. Since then, as the law that provides a legal basis for EIA has been changed to the Framework Act on Environmental Policy (1990), the Environmental Impact Assessment Act (June 1993), the Act on Assessment of Impacts on Environment, Traffic, and Disaster (December 1999), and the Environmental Impact Assessment Act (January 2009), the environmental impact assessment system has been achieving systematic developments such as the continuous expansion of the range of projects to which the law is applied, the enhancement of consultations with residents, as well as the introduction of the scoping system and enhancement of integration with the prior environmental review system. As of now, environmental impact assessment is applied to 74 projects in 17 fields such as urban development. As of the end of 2007, 3,484 consultations for environmental impact assessment have been carried out. Procedure of Environmental Impact Assessment System ?

XLI.Drawing up of a project plan (Contractor) XLII.Determination of the items and range of Environmental Impact
Assessment (Public institution responsible for project approval)

XLIII.Drawing up of a draft of Environmental Impact Assessment report

(Contractor)

XLIV.Consultation with local residents and relevant administrative institutions

(Contractor) XLV.Drawing up of the Environment Impact Assessment report (contractor)

XLVI.Request for consultation (Contractor) XLVII.Approval Institution The Ministry of Environment

XLVIII.Notification of the consultation EnvironmentApproval Institution) XLIX.Reflection of the consultation results L. Implementation of the consultation results (such as ex post facto research on environmental impact) 4. Environmentally Critical Areas and Projects results (The Ministry of

LI. Environmentally Critical Projects

I. Heavy Industries a. Non-ferrous metal industries b. Iron and steel mills c. 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. 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.

LII. 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: 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: a. with 50% and above live coralline cover; b. Spawning and nursery grounds for fish; c. Which act as natural breakwater of coastlines. 5. Pollution Control Law (PD 984) Section 6 - Powers and Functions The Commission shall have the following powers and functions: LIII.Determine the location, magnitude, extent, severity, causes, effects and other pertinent information regarding pollution of the water, air and land resources of the country; take such measures, using available methods and technologies, as it shall deem best to prevent or abate such pollution; and conduct continuing researches and studies on the effective means for the control and abatement of pollution. LIV.Develop comprehensive multi-year and annual plans for the abatement of existing pollution and the prevention of new or imminent pollution, the implementation of which shall be consistent with the national development plan of the country. Such plans shall indicate priorities and programs during the year. LV. Issue standards, rules and regulations to govern the approval of plans and specifications for sewage works and industrial waste disposal systems and the issuance of permits in accordance with the provisions of this Decree; inspect the construction and maintenance of sewage works and industrial waste disposal system for compliance to plans. LVI.Adopt, prescribe, and promulgate rules and regulations governing the procedures of the Commission with respect to hearings, plans, specifications, designs, and other data for sewage works and industrial waste disposal system, the filing of reports, the issuance of permits, and other rules and regulations for the proper implementation and enforcement of this Decree. LVII.Issue orders or decisions to compel compliance with the provisions of this Decree and its implementing rules and regulations only after proper notice and hearing. LVIII.Make, alter or modify orders requiring the discontinuance of pollution specifying the conditions and the time within which such discontinuance

must be accomplished. LIX.Issue, renew, or deny permits, under such conditions as it may determine to be reasonable, for the prevention and abatement of pollution, for the discharge of sewage, industrial waste, or for the installation or operation of sewage works and industrial disposal system or parts thereof: Provided, however, That the Commission, by rules and regulations, may require subdivisions, condominium, hospitals, public buildings and other similar human settlements to put up appropriate central sewerage system and sewage treatment works, except that no permits shall be required of any new sewage works or changes to or extensions of existng works that discharge only domestic or sanitary wastes from a single residential building provided with septic tanks or their equivalent. The Commission may impose reasonable fees and charges for the issuance or renewal of all permits herein required. LX. After due notice and hearing, the Commission may also revoke, suspend or modify any permit issued under this decree whenever the same is necessary to prevent or abate pollution. LXI.Set up effluent, stream ambient and emission standards and promulgate rules and regulations therefore: Provided, That local governments, development authorities, and other similar government instrumentalities or agencies may set up higher standards subjects to the written approval of the Commission. LXII.Serve as arbitrator for the determination of reparations, or restitution of the damages and losses resulting from pollution. LXIII.Deputize in writing or request assistance of appropriate government agencies or instrumentalities for the purpose of enforcing this Decree and its implementing rules and regulations and the orders and decisions of the Commission. LXIV.Consult, participate, cooperate and enter into agreement with other agencies of the government, and with affected political groups, political subdivisions, and enterprises in the furtherance of the purpose of this Decree. LXV.Collect and disseminate information relating to water, air, and land pollution and the prevention, abatement and control thereof. LXVI.Authorize its representative to enter to all reasonable times any property of the public dominion and private property devoted to industrial, manufacturing, processing or commercial use without doing damage, for the purpose of inspecting and investigating conditions relating to pollution or possible or imminent pollution. LXVII.Prepare and submit sixty days after the close of each calendar year and annual report to the President and such periodic reports of activities as may be required from time to time. The annual report shall include the extent to which the objectives in the plans referred to under Section 6(b) have been achieved. LXVIII.Exercise such powers and perform such other functions as may be necessary to carry out its duties and responsibilities under this Decree. Section 8 - Prohibitions

No person shall throw, run, drain, or otherwise dispose into any of the water, air and/or land resources of the Philippines, or cause, permit, suffer to be thrown, run, drain, allow to seep or otherwise dispose thereto any organic or inorganic matter or any substance in gaseous or liquid form that shall cause pollution thereof. No person shall perform any of the following activities without first securing a permit from the Commission for the discharge of all industrial wastes and other wastes which could cause pollution. LXIX.the construction, installation, modification or operation of any sewage works or any extension or addition thereto; LXX.the increase in volume or strength of any wastes in excess of the permissive discharge specified under any existing permit; LXXI.the construction, installation or operation of any industrial or commercial establishments or any extension or modification thereof or addition thereto, the operation of which would cause an increase in the discharge of waste directly into the water, air and/or land resources of the Philippines or would otherwise alter their physical, chemical or biological properties in any manner not already lawfully authorized.

6. Toxic Substances and Hazardous and Nuclear Wastes

LXXII.Environmental Administration and the Writ of Kalikasan

LXXIII.Civil Code Provisions on the Environment