Framework of Environmental

Regulations and EMB Mandates,

Plans, and Programs

by:

ATTY. DELMER L. RIPARIP, FE

Head, Legal Unit
EMB Caraga Region
Framework of
 Framework

Broad overview, outline, or skeleton of interlinked items which supports a particular approach to
a specific objective
 Environment

The air, water, and land in or on which people, animals, and plants live.
 Regulations

Rule based on and meant to carry out a specific piece of legislation (such as for the protection
of environment). Regulations are enforced usually by a regulatory agency formed or mandated
to carry out the purpose or provisions of a legislation. Also called regulatory requirement.
Framework of Environmental Regulations
THE CONSTITUTION

 the fundamental and paramount law of the nation

 supreme, imperious, absolute and unalterable except by the
authority from which it emanates
 prescribes the permanent framework of a system of
government, assigns to the different departments their
respective powers and
 it is a supreme law to which all other laws must conform,
under the doctrine of constitutional supremacy, if a law
violates any norm of the constitution that law whether
promulgated by the legislative or by the executive branch is
null and void and without any force and effect.
 it is deemed written in every statute and contract.

MANILA PRINCE HOTEL vs. GOVERNMENT SERVICE INSURANCE SYSTEM, G.R. No. 122156. February 3, 1997
The 1987 Constitution spells out our national policy
on the protection of our environment.
ARTICLE II
DECLARATION OF PRINCIPLES AND STATE POLICIES
PRINCIPLES

xxxxx
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.
xxxx

The right to a balanced and healthful ecology carries with it

the correlative duty to refrain from impairing the
environment.
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 self-perpetuation — 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
these basic rights need not even be written in
fact,
the Constitution for they are assumed to exist from
the inception of humankind.

OPOSA vs FACTORAN, G.R. No. 101083 July 30, 1993

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
highlighting their
policies by the Constitution itself, thereby
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.

OPOSA vs FACTORAN, G.R. No. 101083 July 30, 1993

What is exactly meant by “balanced ecology”?

Ecology is the branch of biology dealing with the

relations and interactions between and among living
organisms (including man) and their environment.

Operational meaning of right to a healthful ecology:

Healthful ecology as a concept is likewise all-

encompassing and covers basic human needs like clean
air to breath, clean water to drink and surroundings free
of hazardous and infectious solid wastes.
Take the case of clean air. Coal and diesel power plants, industrial
boilers, cement plants, smelting furnaces and incinerators emit
suspended particulates and all sorts of poisonous gases and heavy
metals. Cars, motorcycles, buses, boats and airplanes which move
people and goods around are likewise heavy sources of air
pollutants.

Clearly they all violate our rights to clean air under Article II Section
16 of the constitution. Shall the state demand that they cease to
operate? But if the state does, what do we replace them with?
Wouldn’t that be irresponsible? For sure the economy will ground to
a halt.

Banning the operations of these stationary and mobile sources of air

pollution invoking Article II Section 16, is unreal and illogical. The
proper course of action is to regulate them: set pollution emission
standards, monitor implementation, provide incentives for
compliance, and impose fines and imprisonment for offenders.
 LEGAL
FRAMEWORK
TO PROTECT
THE
ENVIRONMENT
The 1987 Constitution spells out our national policy
on the protection of our environment.

ARTICLE XII
National Economy and Patrimony

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. xxxxx The
exploration, development, and utilization of natural resources
shall be under the full control and supervision of the State.
xxxxx
NATIONAL LAWS

xxxxx constitutions are merely declarations of policies and

principles. Their provisions command the legislature to enact
laws and carry out the purposes of the framers who merely
establish an outline of government providing for the different
departments of the governmental machinery and securing
certain fundamental and inalienable rights of citizens. A
provision which lays down a general principle, such as those
found in Article II of the 1987 Constitution, is usually not self-
executing.

MANILA PRINCE HOTEL vs. GOVERNMENT SERVICE INSURANCE SYSTEM, G.R. No. 122156. February 3, 1997
Legislative acts and executive issuances which
implement Section 16 of Article II.

• Philippine Environmental Policy (PD No. 1151)

• Philippine Environmental Code (PD No. 1152)
• Revised Forestry Code (PD No. 705)
• Water Code (PD No. 1067)
• Establishing EIS System… (PD No. 1586)
• LLDA Act (RA No. 4850)
• Toxic Substances and Hazardous Waste Act (RA No. 6969)
• Strategic Environmental Plan for Palawan Act (RA No. 7611)
• Philippine Mining Act (RA No. 7942)
• IPRA (RA No. 8371)
• Philippine Fisheries Code (RA No. 8550)
• Clean Air Act (RA No. 8749)
• ESWM Act (RA No. 9003)
• Clean Water Act (RA No. 9275)
• E-NIPAS (RA No. 11038)
INTERNATIONAL AGREEMENTS

The Constitution did not envision a hermit-type isolation of the

country from the rest of the world. In its Declaration of
Principles and State Policies, the Constitution adopts the
generally accepted principles of international law as part
of the law of the land, and adheres to the policy of peace,
equality, justice, freedom, cooperation and amity, with
all nations." By the doctrine of incorporation, the country is
bound by generally accepted principles of international
law, which are considered to be automatically part of our
own laws.

TAŃADA vs ANGARA, GR No. 118295. May 2, 1997

INTERNATIONAL AGREEMENTS
One of the oldest and most fundamental rules in international
law is pacta sunt servanda -- international agreements must be
performed in good faith. A treaty engagement is not a mere
moral obligation but creates a legally binding obligation on the
parties x x x. A state which has contracted valid
international obligations is bound to make in its
legislations such modifications as may be necessary to
ensure the fulfillment of the obligations undertaken.

TAŃADA vs ANGARA, GR No. 118295. May 2, 1997

INTERNATIONAL AGREEMENTS

• Stockholm Declaration, 1972 (The Declaration of the United Nations

Conference on the Human Environment, or Stockholm Declaration,
was adopted June 16, 1972 by the United Nations Conference on
the Human Environment at the 21st plenary meeting as the first
document in international environmental law to recognize the right
to a healthy environment. In the declaration, the nations agreed to
accept responsibility for any environmental effects caused by their
actions.)

• Brundtland Commission’s Report, 1983 (released OUR COMMON

FUTURE, popularized sustainable development (environmental
protection, economic growth and social equity). A key element in
the definition is the unity of environment and development.
INTERNATIONAL AGREEMENTS

• Vienna Convention for the Protection of Ozone Layer, 1985 (a

Multilateral Environmental Agreement, one of the most successful
treaties of all time, having been ratified by 197 states, a framework
for the international efforts to protect the ozone layer.)

• UN Conference on the Environment and Development, 1992

(also known as the Rio de Janeiro Earth Summit, declared
“human beings are at the center of concerns for sustainable
development, they are entitled to a healthy and productive life in
harmony with nature”)

• Kyoto Protocol, 1997 (an international treaty that commits state

parties to reduce greenhouse gas emissions, based on the
scientific consensus that global warming is occurring and human-
made CO2 emissions have predominantly caused it.)
INTERNATIONAL AGREEMENTS

• Copenhagen Accord, 2009 (endorses the continuation of the

Kyoto Protocol, underlines that climate change is one of the
greatest challenges of our time and emphasises a "strong political
will to urgently combat climate change in accordance with the
principle of common but differentiated responsibilities and
respective capabilities")

• Manila Declaration on Resources Efficient and Green Industry,

2009 (It provides the framework to spur Asian nations to adopt
environmentally sustainable practices, ranging from installing
better regulatory policies to encouraging individuals to adopt
eco-friendly lifestyles.)
ADMINISTRATIVE ISSUANCES (IRR)

This case should remind all heads of executive agencies which

are given the power to promulgate rules and regulations, that
they assume the roles of lawmakers. It is well-settled that a
regulation should not conflict with the law it implements.
Thus, those drafting the regulations should study well the laws
their rules will implement, even to the extent of reviewing the
minutes of the deliberations of Congress about its intent when
it drafted the law. They may also consult the Secretary of
Justice or the Solicitor General for their opinions on the
drafted rules.

Cruz v. Del Rosario, G.R. No. L-17440, December 26, 1963

ADMINISTRATIVE ISSUANCES (IRR)

Administrative rules, regulations and orders have the efficacy

and force of law so long as they do not contravene any
statute or the Constitution. It is then the duty of the agencies
to ensure that their rules do not deviate from or amend acts
of Congress, for their regulations are always subordinate to
law.

Cruz v. Del Rosario, G.R. No. L-17440, December 26, 1963

ADMINISTRATIVE ISSUANCES (IRR)

The authority to make IRRs in order to carry out an express

legislative purpose, or to effect the operation and
enforcement of a law is not a power exclusively legislative in
character, but is rather administrative in nature. The rules and
regulations adopted and promulgated must not, however,
subvert or be contrary to existing statutes. The function of
promulgating IRRs may be legitimately exercised only for the
purpose of carrying out the provisions of a law.

Metropolitan Bank and Trust Company, Inc. v. National Wages and Productivity Commission, G.R. No. 144322,
February 6, 2007
ADMINISTRATIVE ISSUANCES (IRR)

The power of administrative agencies is confined to

implementing the law or putting it into effect. Corollary to this
is that administrative regulation cannot extend the law and
amend a legislative enactment. It is axiomatic that the clear
letter of the law is controlling and cannot be amended by a
mere administrative rule issued for its implementation.
Indeed, administrative or executive acts shall be valid only
when they are not contrary to the laws or the Constitution.

Metropolitan Bank and Trust Company, Inc. v. National Wages and Productivity Commission, G.R. No. 144322,
February 6, 2007
ADMINISTRATIVE ISSUANCES (IRR)
Indeed, administrative IRRs adopted by a particular department of
the Government under legislative authority must be in harmony
with the provisions of the law, and should be for the sole purpose
of carrying the laws general provisions into effect. The law itself
cannot be expanded by such IRRs, because an administrative
agency cannot amend an act of Congress.
Cebu Oxygen & Acetylene Co., Inc. v. Drilon, G.R. No. 82849, August 2, 1989

In case of discrepancy between the basic law and a rule or

regulation issued to implement said law, the basic law prevails
because said rule or regulation cannot go beyond the terms and
provisions of the basic law.
CIR vs Bicolandia Drug Corporation, G.R. No. 148083 July 21, 2006
 CONSTITUTION vs NATIONAL LAW vs PRESIDENTIAL PROCLAMATION vs PAMB
The Constitution of the PROCLAMATION NO. 902 (SIPLAS)
Republic of the • the terrestrial, wetland and
Philippines marine areas of Siargao Island
and its surrounding islets situated
Art XII Sec 3. Lands of
in the northeastern part of
the public domain are Mindanao, Province of Surigao
classified into del Norte subject to prior valid
agricultural, forest or private rights, if any, as Protected
timber, mineral lands, Area under the category of
and national parks. Protected Landscape and
Agricultural lands of the Seascape subject to ground
verification.
public domain may be
• shall be administered by the
further classified by law PAMB pursuant to NIPAS Act and
according to the uses its implementing rules and
which they may be regulations.
devoted. Alienable lands
of the public domain
shall be limited to SIPLAS - PAMB
agricultural lands.
• whole island, including private
lands

Administrative regulation cannot extend the law and amend a legislative enactment. Administrative or
executive acts shall be valid only when they are not contrary to the laws or the Constitution. (G.R. No. 144322,
February 6, 2007)
ADMINISTRATIVE ISSUANCES (IRR)
• DAO 1992-29: Implementing Rules and Regulations of Republic Act 6969
• DAO 1998-49: Technical Guidelines for Municipal Solid Waste Disposal
• DAO 1998-50: Adopting the Landfill Site Identification and Screening Criteria
for Municipal Solid Waste Disposal Facilities.
• DMO 1993-02: Adoption of Ecological Solid Waste Management System in the
DENR
• DAO 2000-81: Implementing Rules and Regulations for RA 8749
• DAO 2001-34: Implementing Rules and Regulations of Republic Act 9003
• DAO 2003-27: Amending DAO 26, DAO 29 and DAO 2000-81 Among Others on
the Preparation and Submission of Self-monitoring Report (SMR)
• DAO 2003-30: Implementing Rules and Regulations (IRR) for the Philippine
Environmental Impact Statement (EIS) System.
• DAO 2004-36: Revising DENR Administrative Order No. 29, Series of 1992, to
further strengthen the implementation of Republic Act of 6969 (Toxic
Substances and Hazardous and Nuclear Wastes Control Act of 1990) and
Prescribing the Use of the Procedural Manual
• DAO 2005-10: Implementing Rules and Regulations of the Philippine Clean
Water Act of 2004 (Republic Act No. 9275)
ADMINISTRATIVE ISSUANCES (IRR)
• DAO 2007-22: Guidelines on the Requirements for Continous Emission
Monitoring Systems (CEMS) and other Acceptable Protocols, Thereby
Modifying and Clarifying Certain Provisions of Section 5, Rule X of DAO 2000-
81 and Other Related Provisions
• DAO 2013-22: REVISED PROCEDURES AND STANDARDS FOR THE
MANAGEMENT OF HAZARDOUS WASTES (REVISING DAO 2004-36)
• DAO 2015-02: HARMONIZATION OF THE IMPLEMENTATION OF THE PHILIPPINE
ENVIRONMENTAL IMPACT STATEMENT SYSTEM AND THE PHILIPPINE MINING
ACT OF 1995 IN RELATION TO MINING PROJECTS
• DAO 2016-28: PROVIDING FOR NEW FEES AND CHARGES FOR VARIOUS
SERVICES OF THE ENVIRONMENTAL MANAGEMENT BUREAU
• DAO 2017-15: GUIDELINES ON PUBLIC PARTICIPATION UNDER THE PHILIPPINE
ENVIRONMENTAL IMPACT STATEMENT (EIS) SYSTEM
• DMO 2018-02: MORATORIUM ON ALL CONSTRUCTIONS OF ANY KIND AND
SUSPENSION OF ISSUANCE OF PERMITS AND OTHER LICENSES IN BORACAY
ISLAND
• DMC 2018-08: SUSPENSION OF ALL ENVIRONMENTAL COMPLIANCE
CERTIFICATES (ECCs) IN THE ISLAND OF BORACAY, MALAY, AKLAN
JUDICIAL DECISIONS

Decisions of this Court, although in themselves not laws, are

nevertheless evidence of what the laws mean, and this is the reason
why under Article 8 of the New Civil Code, "Judicial decisions
applying or interpreting the laws or the Constitution shall form a
part of the legal system . . ."
ALBINO S. CO vs. COURT OF APPEALS, G.R. No. 100776 October 28, 1993

Oposa vs. Factoran is a landmark decision of the Supreme Court of

the Philippines which recognizes the doctrine of Intergenerational
Responsibility (allows litigants to sue on behalf of generations yet
un born) on the environment in the Philippine legal system. The
case is a contributor to the development of international
environmental law.
ORDINANCES
An ordinance is a law passed by a municipal government. A
municipality, such as a city, town, village, or borough, is a
political subdivision of a state within which a municipal
corporation has been established to provide local government
to a population in a defined area.

The power of municipal governments to enact ordinances is

derived from the state constitution or statutes or through the
legislative grant of a municipal charter. Municipalities that
have been granted "home rule" charters by the legislature
have the most authority to act. If, however, a municipality
enacts an ordinance that exceeds its charter or is in conflict
with state or federal law, the ordinance can be challenged in
court and ruled void.
ORDINANCES

SP Ordinance No. 5064-2016 or “The Plastic Regulation

Ordinance of Butuan City”

• prohibits business establishments to utilize plastic bags as

packaging material on dry goods, EXCEPT dry goods which
need to be permanently contained to preserve and extend
shelf life
• bans the usage of Styrofoam and other similar materials as
containers for food, produce and other products.
The passage of the ordinance is the local government’s unwavering efforts in
maintaining the ecological balance within its territorial jurisdiction. "The banning
of the use and distribution of plastics bags and styrofoam will greatly contribute
to the reduction of solid wastes generated by local communities that end up in
canals, waterways, rivers, creeks, and streams and eventually in the Butuan Bay."
A legal and regulatory framework of
environment may be viewed as a set of
constitutional, legislative, regulatory,
jurisprudential, rules and regulations
that together protect the land, air and
water.
Framework of Environmental Regulations
As early as 1977, the Philippine’s Environmental Policy
(Presidential Decree No. 1151) mandates:

In every action, project or undertaking which significantly affects

the quality of the environment a detailed statement on:
a) the environmental impact of the proposed action, project or
undertaking;
b) any adverse environmental effect which cannot be avoided
should the proposal be implemented;
c) alternative to the proposed action;
d) a determination that the short-term uses of the resources of the
environment are consistent with the maintenance and
enhancement of the long-term productivity of the same; and
e) whenever a proposal involves the use of depletable or non-
renewable resources, a finding must be made that such use and
commitment are warranted.
The Philippine Environmental Code (Presidential Decree
No. 1152) is a body of laws settling forth the management
and conservation of the country’s natural resources.

The law provides for the development of standards and

management framework for the following areas of
concern: air quality management, water quality
management and land use management, natural
resources management and conservation, energy
development, and waste management .
 Bureaus of DENR
• Forest Management Bureau (FMB)
• Land Management Bureau (LMB)
• Mines and Geosciences Bureau (MGB)
• Environmental Management Bureau
(EMB)
• Ecosystems Research and Development
Bureau (ERDB)
• Biodiversity Management Bureau (BiMB)
 EXECUTIVE ORDER NO. 192
PROVIDING FOR THE REORGANIZATION OF THE DEENR;
RENAMING IT AS THE DENR AND FOR OTHER PURPOSES
SECTION 16. Environmental Management Bureau. —
There is hereby created an 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 into the Environmental Management Bureau in
accordance with Section 24 (c) hereof, subject to Section 19
hereof. Xxxxx The Environmental Management Bureau shall
have the following functions:
(a) Recommend possible legislations, policies and programs for
environmental management and pollution control;
(b) Advise the Regional Offices in the efficient and effective
implementation of policies, programs, and projects for the
effective and efficient environmental management and
pollution control;
(c) Formulate environmental quality standards such as the
quality standards for water, air, land, noise and radiations;
(d) Recommend rules and regulations for environmental
impact assessments and provide technical assistance for their
implementation and monitoring;
(e) Formulate rules and regulations for the proper
disposition of solid wastes, toxic and hazardous
substances;
(f) Advise the Secretary on the legal aspects of
environmental management and pollution control and
assist in the conduct of public hearings in pollution cases;
(g) Provide secretariat assistance to the Pollution
Adjudication Board, created under Section 19 hereof;
(h) Coordinate the inter-agency committees that may be
created for the preparation of the State of the Philippine
Environment Report and the National Conservation
Strategy;
(i) Provide assistance to the Regional Offices in the
formulation and dissemination of information on
environmental and pollution matters to the general public;
(j) Assist the Secretary and the Regional Officers by
providing technical assistance in the implementation of
environmental and pollution laws:
(k) Provide scientific assistance to the Regional Offices in
the conduct of environmental research programs.
 Presidential Decree 1586 (Environmental Impact
Statement System)
 Republic Act 6969 (Toxic Substances and Hazardous and
Nuclear Waste Control Act of 1990)
 Republic Act 8749 (Clean Air Act of 1999)
 Republic Act 9003 (Ecological Solid Waste Management
Act of 2000)
 Republic Act 9275 (Philippine Clean Water Act of 2004)
 Republic Act 9512 (Environmental Awareness and
Education Act of 2008)
1

Section 4. Presidential Proclamation of

Environmentally Critical Areas and Projects. xxxxx 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. xxxxx
A certificate issued by DENR-EMB after a positive
review of the ECC application.
• certifies that based on the application of the
proponent, the proposed project or undertaking will
not cause a significant negative impact on the
environment.
• contains specific measures and conditions that must
be met by the project proponent before, during and
abandonment of the operation of the project to
lessen identified potential environmental impacts.
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 xxxxx pursuant to this
Decree shall be punished by the suspension or
cancellation of his/its certificate or and/or a fine in an
amount not to exceed Fifty Thousand Pesos
(P50,000.00) for every violation thereof, at the discretion
of the National Environmental Protection Council (EMB as
amended by EO No. 192).
2
  Republic Act 6969 (Toxic Substances and
Hazardous and Nuclear Waste Control Act
of 1990)
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 6969 (Toxic Substances and
Hazardous and Nuclear Waste Control Act
of 1990)

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.
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.
3
The CAA was envisioned to fight air pollution by:

• Reducing emissions from motor vehicles (80% of the

air pollution) and from factories and power plants
(remaining 20%);
• Improving fuel quality to reduce or eliminate lead in
gasoline and sulfur in diesel;
• Strengthening air quality monitoring, evaluation, and
reporting through ICT equipment;
• Preventing other sources of pollution such as
incinerators, garbage burning and smoking.
 Republic Act 8749 (Clean Air Act of 1999)

Section 16. Permits. - Consistent with

the provisions of this Act, the
Department shall have the authority
to issue permits as it may determine
necessary for the prevention and
abatement of air pollution.

Said permits shall cover emission

limitations for the regulated air
pollutants to help attain and maintain
the ambient air quality standards.
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
(P10,000) but not more than
One Hundred Thousand Pesos
(P100,000) xxxxx
4
A legal framework for the country’s systematic,
comprehensive and ecological solid waste
management program that will ensure public health
and the environment. It underscores, among other
things, the need to create the necessary institutional
mechanisms and incentives, declaring certain acts
prohibited and providing penalties, appropriating
funds therefore, and for other purposes.
 Republic Act 9003 (Ecological Solid Waste
Management Act of 2000)
(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;
(11) Importation of consumer products packaged in non-environmentally
acceptable materials;
(12) Importation of toxic wastes misrepresented as "recyclable" or "with
recyclable content";
 Republic Act 9003 (Ecological Solid Waste
Management Act of 2000)
(13) Transport and dumping in bulk of collected domestic, industrial,
commercial, and institutional wastes in areas other than centers or
facilities prescribe under this Act;
(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;
(15) The construction of any establishment within two hundred (200)
meters from open dumps or controlled dumps, or sanitary landfill; 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.
 Republic Act 9003 (Ecological Solid Waste
Management Act of 2000)

Section 49. Fines and Penalties -

(d) 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) xxxxx.
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, pars. (9) and (10).
Section 49. Fines and Penalties -

(e) Any person who violates Sec. 48, pars. (12) and (13) shall, upon
conviction, be punished with a fine not less than Ten thousand
pesos (P10,000.00) but not more than Two hundred thousand
pesos (P200,000.00) xxxxx;
(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) xxxxx.
https://www.rappler.com/newsbreak/in-depth/210292-reason-philippines-cannot-solve-trash-problem
https://www.rappler.com/nation/212698-ombudsman-martires-recalls-suspension-mayors-local-officials-charged-solid-waste-act-violation
 5

Republic Act No. 9275 was signed to “pursue a policy of

economic growth in a manner consistent with the protection,
preservation and revival of the quality of fresh, brackish and
marine water.”

The law applies to:

• Water quality management in all waters;
• Abatement and control of pollution from land-based sources;
• Water quality standards and regulations; and
• Civil liability and penal provisions.
  Republic Act 9275 (Philippine Clean Water
Act of 2004)

SECTION 14. Discharge Pemits. - The Department shall require

owners or operators of facilities that discharge regulated effluents
pursuant to this Act to secure a permit to discharge. The
discharge permit shall be the legal authorization granted by
the Department to discharge wastewater: Provided, That
the discharge permit shall specify among others, the quantity
and quality of effluent that said facilities are allowed to
discharge into a particular water body, compliance schedule and
monitoring requirement.
 Republic Act 9275 (Philippine Clean Water
Act of 2004)

SECTION 27. Prohibited Acts. - The following acts are hereby

prohibited:
c) Operating facilities that discharge regulated water pollutants
without the valid required permits xxxxx;
k) Refusal to allow entry, inspection and monitoring by the
Department xxxxx;
m) Refusal or failure to submit reports xxxxx;
n) Refusal or failure to designate pollution control officers xxxxx; and
SECTION 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.
6
 DAO NO. 2018-18
ESTABLISHING A CENTRALIZED MANAGEMENT AND
COORDINATIVE MECHANISM AT THE REGIONAL OFFICES OF DENR,
MGB AND EMB, AND DESIGNATING THE DENR REGIONAL
DIRECTOR AS THE REGIONAL EXECUTIVE DIRECTOR PROVIDING
OVERALL COMMAND OF REGIONAL OPERATIONS

IV. ROLES AND RESPONSIBILITIES OF

DENR REGIONAL OFFICES IN
RELATION TO EMB REGIONAL
OFFICES

In close coordination with EMB

Regional Office, the DENR RED,
PENRO and CENRO shall have the
following roles and responsibilities.
B. Under Republic Act No. 9275 (RA
9275) or the Philippine Clean Water
Act of 2004 and DENR
Administrative Order No. 2005-10
(DAO 2005-10) or the IRR of the
Philippine Clean Water Act of 2004:
 
xxxxx 
1. Pursuant to Section 23 of RA 9275,
the DENR RED, PENRO and
CENRO are authorized to: xxxxx (b)
inspect any pollution or waste
source, control device, monitoring
equipment or method required;
and (c) test any discharge. 
xxxxx
C. Under Republic Act No. 8749 or
the Philippine Clean Air Act of 1999
and DENR Administrative Order No.
2000-81 (DAO 2000-810) or the IRR
for RA 8749:
 
xxxxx 
1. The DENR RED, the PENRO and
CENRO, are hereby authorized to
exercise xxxxx inspection of any
pollution or water source, etc., and
testing of any emission under
Section 2, Rule XXIV, Part VI of
DAO 2000-81, 
xxxxx
EMB Plans and Programs
1
PD No. 1586:
Environmental Impact Assesssment
CLEARANCE AND PERMITTING
Issuance of ECC
Issuance of CNC
Implementation of Regional Registry System for EIA prepares and reviewers
Identification/Survey of projects operating without ECC
MONITORING AND ENFORCEMENT
Monitoring of ECC Projects in compliance with ECC conditions and EMP
Validation of CNC
SUPPORT ACTIVITIES
  Orientation on EIA Stakeholders
  (EIA reviewers, LGU and other concerned stakeholders)
  Updating of EIA database
  Preparation of EIA Annual Report
RA No. 6969:
Implementation of Toxic Substances and Hazardous Waste
Management Regulations
A. Toxic Substances Management
CLEARANCE AND PERMITTING
2
Issuance of SQI clearance
Registration of Industries under Chemical Control Order (CCO)
-Mercury and mercury compounds
-Cyanide and cyanide compouds
-Asbestos and
-PCBs.
Importation Clearance under CCOs
-Mercury and Mercury Compounds
-Cyanide and Cyanide Compounds
-Asbestos
Clearance for ODS Chemical Dealers
Survey of importers, manufacturers (firms) , distributors/dealers, users
MONITORING AND ENFORCEMENT
Chemical Management Monitoring of industries (CCO Registration and Importation Clearance, SQI, & PCL)
Monitoring of approved plans
B. Hazardous Waste Management
CLEARANCE AND PERMITTING
Registration of Hazardous Waste Generators (HWG)
Issuance of Trasports permits
Evaluation, screening and recommendations of
applications for TSD
Survey of potential hazardous wastes generators to
ensure compliance to R.A 6969
MONITORING AND ENFORCEMENT
Compliance monitoring of HWGs, transporters and
TSD facilities
3
RA No. 8749:
Implementation of Clean Air Regulations

CLEARANCE AND PERMITTING

Issuance of Permit to Operate
Evaluation and Approval of Test Plan
Identification/survey of established firms/industries and commercial
establishments operating without permits
Updating of Industrial Database
Updating of Emission Inventory

MONITORING AND ENFORCEMENT

Ambient Air Monitoring
4
RA No. 9003:
Ecological Solid Waste Management Regulations
70% compliance of LGUs with ESWM Act by end of 2018
Provision of Technical Assistance in the implementation of ESWM
Support in the Closure and Rehabilitation of Dumpsites
Support in the Establishment of Materials Recovery facility
SWM Facilities/Sites Monitored
Strengthening of the Regional Ecology Centers
SUPPORT ACTIVITIES
Bayan ko Linis Ko Program
Validation of LGU on filing of cases
Information Education and Communication
Updating of ESWM Database
Preparation of Annual ESWM Status Report
Updating and Finalization of LGUs 10 yr SWM Plan
Solid Waste Enforcer and Educators Program (SWEEP)
CapDev SWEET/EnMOS
Implementation of Eco-Savers Program
5
RA No. 9275:
Implementation of Clean Water Regulations
CLEARANCE AND PERMITTING
Issuance of Waste Water Discharge Permit
Identification/survey of established firms/industries and commercial
establishments operating without permits
PCO Accreditation
MONITORING AND ENFORCEMENT
Ambient Water Quality Monitoring
Monitoring of model sites
Recreational waters monitoring (Pilot testing of EMB MC 2015-006
Adopt an Estero/Water Body Program
Classification/ re-classification of Water Bodies
Operationalization of Water Quality Management Areas
Compliance Monitoring of Commercial and Industrial Establishments
Feasebility Study for Sewearage Treatment Plants for WQMAS
SUPPORT ACTIVITIES
Updating of Water Quality Database
Preparation of Regional Water Quality Status report
RA No. 9512:
Environmental Education and Partnership Building
Environmental Education in the Non-formal Sector
6
Conduct of Special Events for national & environmental celebrations.
World Water Day (March 22)/Phil Water Week,'Earth Day(April), World Environment
Day (June 5)/Phil. Envt Month (June),National Clean-up Month/National Ozone Layer
Protection Month (September),International Lead Poisoning Prevention Week(Oct.
21-23),National Clean Air Month/National Environmental Awareness Month
(November),Global Warming and Climate Change Consciousness Week (Nov 19-25)

Production and dissemination of localized IEC Materials

Environmental Education in the Formal Sector
Promotion and Strengthening of the Regional Program for Sustainable and Eco-
friendly Schools
Conduct of Green Film Festival
Institution and Human Resources Capacity Building
Networking, Collaboration and Communication
Convening of Regional Inter-Agency Commitee on Environmental Education (RA 9512)
Strengthened Engagement of Private Sector in Youth involvement in Environmental
Protection
Conduct Radio/tv Program/guestings
Submission of photo releases to EMB Central Office for EMB Website
Creation and maintenance of Regional Facebook Page
Preparation of Annual Regional State of Brown Environment Report
Documentation and Compilation of Good Environmental Practices of Schools and
LGUs
Legal Unit
• Receiving and Acting on Complaints
• Reactivate inactive PAB Cases
• Implementation/Execution of PAB
Orders/Resolutions
• Monitoring of Firms Compliance to PAB
Orders/Resolutions
• Issuance of NOV's
• Issuance of Resolutions/Orders
 EMB Mandates, Plans, and Programs

EMB Mandates
DAO 2003-30

DAO 2005-10
DAO 2000-81

DAO 2001-34
DAO 2013-22
RA 6969

RA 9003
PD 1586

RA 8749

RA 9275

RA 9512
Philippine Environmental Code (PD No. 1152)
Philippine Environmental Policy (PD No. 1151)

1987 PHILIPPINE CONSTITUTION