Environmental Law TSN

8/10/2019 Environmental Law TSN

http://slidepdf.com/reader/full/environmental-law-tsn 1/63

Environmental Law TSN 2-Manresa 2012- 1

Legislations for Environmental Law:

1.CONSTITUTIONAL BASIS FOR

ENVIRONMENTAL LAW

2.PD 1151 (PHILIPPINEENVIRONMENTAL POLICY)

3.PD 1152 (PHILIPPINE

ENVIROMENTAL CODE)4.PD 984 (POLLUTION CONTROL LAW)5.PD 1586 (ESTABLISHING AN

ENVIRONMENTAL

IMPACTSTATEMENT SYSTEM,

INCLUDING OTHER

ENVIRONMENTAL MANAGEMENT

RELATED MEASURES AND FOR

OTHER PURPOSES.)6.PD 21467.CLEAN AIR ACT8.CLEAN WATER ACT

9.PD 979

Cases:

1.Republic of the Philippines vs. The

City of DavaoRepublic vs. Alvarez, in his capacity

as Sec. of DENR2.PAB vs Solar Textile 195 SCRA 1123.Mead vs Argel 115 SCRA 2564.Technology Developers Inc. vs CA

(January 21, 1991)

Transcribed

No recordings (Please refer t o the full texts

of the laws.)

*** Discussion

Based on the Lectures of Att ! "amon Edison Batacan

Transcri#ed # $ Mae Bun%a#on%




The Constitutional basenta

Law

Article

Sec. 15 -The State shall protect and promote

the right t o health of the people and instill

health consciousness among them.

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.

*** balanced ecology -Others would say

sustainable development.

Q: What is sustainable development?

A: You only use what you need today and

save the rest f or t he future.

*** in accord -This means in agreement

*** with the rhythm and harmony -According

to Sir, rhythm and harmony are redundant

words.

*** with rhythm and harmony of nature -This

means a ll should be n atural walang a rticial.

“Environmentalists would always say

that ou r pres ent generation is t he gu ardian of

the resou rces for t he generations yet t o come.

So we have to guard, reserve and conserve our

natural resources so that t he generations yet

to come will have something towards their

own.”

Sec. 23 - The State shall encourage non-governmental, community-based, or sectoral

organizations that p romote the welfare of the

nation.

Article X

Sec. 20 -Within its territorial j urisdiction and

subject t o the provisions of this Constitution

and national laws, the organic act of

autonomous regions shall provide for

legislative p owers o ver:

XXXXXXXXX

3. Ancestral domain and natural resources.

XXXXXXXXX

Article XII

Sec. 2 - All lands of the p ublic domain, waters,

minerals, coal, petroleum, an d other m ineral

oils, a ll forces of p otential en ergy, sheries,

forests o r t imber, wildlife, ora and fauna, andother natural resources are owned by the

State. With the ex ception of agricultural lands,

all other natural resources shall not be

alienated. Th e exploration, devel opment, an d

utilization of natural resources shall be u nder






the full control and supervision of the State.

The State may directly undertake such

activities,o it m ay enter into co-production,

join venture or production sharing

agreements with Filipino citizens, or

corporations or associations at l east si xty per

centum of whose capital is owned by such

citizens. Such agreements may be for a p eriod

not exc eeding twenty-ve yea rs, renewable for

not more than twenty-ve years, and under

such terms an d conditions as m ay be p rovided

by law.

water supply sheries

other than the development of w aterpower,

benecial ay

the gran t.

The State shall protect the nation's

marine wealth in its archipelagic waters,

territorial sea d exclusive economic zone,

and reserve its u se a nd enjoyment exclusively

to Filipino c itizens.

The Congress may, by law, allow small-

scale utilization of natural resources by

Filipino citizens, as well as cooperative shfarming, with priority to subsistence

shermen and sh- workers in rivers, lakes,

bays, d

The President may enter into

agreements with foreign-owned corporations

involving either technical or nancial

assistance for large-scale exploration,

development, and utilization of minerals,

petroleum, and other m ineral oils a ccording to

the general terms a nd 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

scientic an d technical resources.

***This means that al l natural resources a reowned by the State (Doctrine of Jura Regalia)

Sec. 3- Lands of the public domain are

classied into agricultural, forest o r timber,

mineral lands a nd national parks. Agricultural

lands of the public domain may be further

classied 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-ve years,

renewable for n ot more than twenty-ve years,and not to exceed one thousand hectares in

area. Citizens o f the Philippines m ay lease not

more than ve hundred hectares, or acquire

not more than twelve hectares thereof, by

purchase, homestead, or grant.





Environmental Law TSN 2-Manresa 2012- &

Taking into account the requirments of

conservation, ecology, an d development, an d

subject to the requirements of agrarian

reform, the Congress sh all determine, by law,

the size of lands of the public domain which

may be acquired, d eveloped, h eld, or l eased

and the con ditions t herefor.

Sec. 4- The Congress shall, as soon as

possible, determine, by law, the specic limits

of forest lands and national par ks, marking

clearly their boundaries on the ground.

Thereafte

parks shall be conserved and may not be

increased nor d iminished, except by law. The

Congress shall provide for such period as it

may determine, measures to prohibit logging

in endangered forests an d watershed areas.

***The Congress has the power to determine

the sp ecic limits o f an inalienable land in an

alienable land vice versa. Th e Congress can

extend it b ut t his is only possible if there’s a

law enacted by the Congress.

Sec. 5- The State, subject to the provis

this Constitution and national development

policies a nd programs, shall protect t he ri ghts

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 l aws govern ing p roperty rights o r

relations in determining the ownership and

extent of ancestral domain.

Sec. 6-T he 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, sh all 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.

Article XIII

Sec. 1- The Congress shall give highest priority

to the enactment of measures t hat protect and

enhance the right of all the people to human

dignity, reduce social, economic, and political

inequalities, and remove cultural inequities by

equitably diffusing wealth and political power

for the common good.

To this end, the State shall regulate the

acquisition, ownership, use, and disposition of

property a nd its increments.

Sec. 2- The promotion of social justice shall

include the commitment to create economic





Environmental Law TSN 2-Manresa 2012- '

opportunities based on freedom of initiative

and self-reliance.

Sect. 4- The State sh all, by law, undertake a n

agrarian reform program founded on the right

of farmers and regular farmworkers who are

landless, t o own directly or collectively the

lands they till or, in the case of other

farmworkers, to receive a just sh are of the

fruits thereof. To this end, the State shall

encourage and undertake t he just distribution

of all agricultural lands, su bject to such

priorities and reasonable retention limits as

the Congress may prescribe, taking into

account ecological, developmental, or eq uity

considerations, and subject to the payment of

just mpensatin

limits, t he State shall respect t he right of

small landowners. The State shall further

provide incentives f or vol untary l and-sharing.

Sect. 5- The S tate shall recognize t he right of

farmers, farmworkers, and landowners, as w ell

as cooperatives, and other independent

farmers' organizations to participate in the

planning, organization, and management of

the program, and shall provide support to

agriculture through appropriate technology

and research, and adequate nancial,

production, marketing, and other support

services.

Sect. 6- The State sh all apply the p rinciples o f

agrarian reform or stewardship, whenever

applicable in accordance with law, in the

disposition or utilization of other natural

resources, including lands of the public

domain under lease o r concession suitable to

agriculture, subject t o prior ri ghts, homestead

rights of small settlers, an d the rights of

indigenous communities to their ancestral

lands. The State m ay resettle landless f armers

and farmworkers in its own agricultural

estates which shall be distributed to them in

the manner provided by law.

Sect. 7- The State shall protect t he rights of

subsistence shermen, especially of local

communities, to the preferential u se of the

communal marine and shing resources, both

inland and offshore. It shall provide su pport to

such shermen through appropriate

technology and research, adequate nancial,

production, and marketing assistance, and

other services. T he State shall also protect,

develop, and conserve such resources. The

protection shall extend to offshore shing

grounds of subsistence shermen against

foreign intrusion. Fishworkers shall receive a

just share from their labor in the utilization of

marine and shing resources.





Environmental Law TSN 2-Manresa 2012- (

Sect. 8- The State shall provide incentives to

landowners to invest the proceeds of the

agrarian reform program to promote

industrialization, employment creation, and

privatization of public sector enterprises.

Financial instruments used as payment for

their lands shall be honored as equity in

enterprises of their ch oice.

URBAN LAND REFORM AND HOUSING

Sect. 9- The State shall, by law, and for t he

common good, undertake, in cooperation with

the private sector, a continuing program of

urban land reform and housing which will

make available at affordable cost, decent

housing and basic services to under-privileged

and homeless citizens in urban centers and

resettlement areas. It shall also promote

adequate employment opportunities to such

citizens. In the implementation of such

program the State shall respect t he rights of

small property owners.

Sec.10- Urban or r ural poor d wellers sh all not

be evicted nor theeexcept in accordance with law and in a just

and humane manner.

No resettlement of u rban or rural dwellers

shall be undertaken without adequate

consultation with them and the communities

where they are to be relocated.

Sec. 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.

4 Major Legislations for Environmental Law

10. PD 1151 (PHILIPPINE

ENVIRONMENTAL POLICY)11. PD 1152 (PHILIPPINE

ENVIROMENTAL CODE)12. PD 984 (POLLUTION CONTROL

LAW)13. PD 1586 (ESTABLISHING AN

ENVIRONMENTAL

IMPACTSTATEMENT SYSTEM,

INCLUDING OTHER

ENVIRONMENTAL MANAGEMENT

RELATED MEASURES AND FOR

OTHER PURPOSES.)





Environmental Law TSN 2-Manresa 2012- )

PD 1586 Case:

Republic of the Philippines vs. The City of

Davao

Republic vs. Alvarez, in his cap acity as Sec.

of

DENR

Facts: ·Alvarez led an application for a

Certicate of Non-Coverage for its proposed

project, the Davao Artica Sports Dome, with

the Environmental Management Bureau

(EMB), Region 11.

The EMB Region 11 denied the appl

ground that the proposed project was within

an environmentally critical area, an d ruled

that under the Environmental Impact

Statement System, the City of Davao must

undergo the environmental impact assessment

(EIA) process to secure an Environmental

Compliance Certicate (ECC), before it can

proceed with the co nstruction of its p roject

· Believing that it w as e ntitled to a Certicate

of Non-Coverage, respondent led a petition

for mandamus with the RTC of Davao alleging

that the proposed project was neither an

environmentally critical project n or w ithin an

environmentally critical area, thus it was

outside the scop e of the EIS system.

· The RTC granted the writ of mandamus and

directed EMB to issue a Certicate of Non

Coverage. I t r uled that t here is nothing in the

EIA System guidelines which requires

LGUs to comply with the EIS law, as only

agencies and instrumentalities are mandated

to go through the EIA process for their

proposed projects which have signicant effect

on the quality of the environment. A local

government unit, not being an agency or

instrumentality of the National Government, is

deemed excluded

Issue: Whether LGUs are covered by the EIA

System?

Decision:

The Local Government Code provides that it is

the duty of the LGUs to promote the people’s

right to a balanced ecology. Pursuant to this,

an LGU, like the City of Davao, cannot claimexemption from the coverage of PD 1586. As a

body politic endowed with governmental

functions, an LGU has the duty to ensure the

quality of the environment, which is the very

same objective of PD 1586.





Environmental Law TSN 2-Manresa 2012- *

Further, it is a rule of statutory construction

that every part must be read with other parts,

thus, the

TC in declaring

exempt from the coverage of the E IS law, failed

to relate

Section 2 of PD 1586 to the sever al provision

of the sam e law.

Section 4 of PD 1586 clearly states that “no

person,

partnership or corpo ration shall undertake or

operate any such declared environmentally

critical project or area without rst secu ring

an Environmental Compliance Certicate

issued by the President or h is duly authorized

representative. Undoubtedly therefore, l ocal

government units are not excluded from the

coverage of PD 1586.

Sec. 1 stated that t he policy of the S tate is t o

attain an orderly balance between socio-

economic growth and environmental

protection.

The Whereas clause

possible if we adopt an integrated

environmental protection program where all

the sect ors o f the co mmunity a re involved, i.e.,

the government an d the private sectors. The

local government units, as part of the

machinery of the government, cannot

therefore be deemed as outside the scope of

the EIS system.

This however presuppose that a project, for

which an Environmental Compliance

Certicate is necessary, is environmentally

critical or within an environmentally critical

area. In the case at bar, respondent has

sufficiently shown that the Artica Sports

Dome will not have a signicant negative

environmental impact because it is not an

environmentally critical project a nd it is not

located in an environmentally critical a rea.

They submitted Certication from the City

Planning and Development Office,

PHILVOLCS, CENRO-West in support thereof.

The Environmental Impact Statement System,

which ensures environmental protection and

regulates certain government activities

affecting the en vironment, was established by

Presidential Decree N o. 1586. Under Article II,

Section 1, of the Rules and Regulations

Implementing PD 1586, the declaration of

certain projects or areas as environmentally

critical, and which shall fall within the scope





Environmental Law TSN 2-Manresa 2012- +

of the Environmental Impact Statement

System, shall be b y Presidential Proclamation.

Pursuant thereto, Proclamation No. 2146 was

issued proclaiming the following areas and

types of projects as environmentally critical

and within the

scope of the Environmental Impact Statement

System established under PD 1586:

A. Environmentall

I. Heavy Industries

a. Non-ferrous metal industries

b.

c. Petroleum and petro-chemical industries

including oil and gas

d. Smelting plants

II. Resource Extractive Industries

a. Major mining an d quarrying projects

b. For

1. Logging

2. Major Wood processing projects

3. Introduction of fauna (exoticanimals) in

public/private forests

4. Forest occupancy

5. Extraction of mangrove prod ucts

6. Grazing

c. Fishery Projects

1. Dikes for/and shpond development

projects

III. Infrastru ctu re P rojects

a. Major dams

b. Major power plants (fossil-fueled, nuclear

fueled, hydroelectric or ge othermal)

c. Major r eclamation projects

d. Major roads an d bridges

B. Environmentally Critical Areas

1. All areas d eclared by law as n ational parks,

watershed reserves, wildlife preserve and

sanctuaries;

2. Areas set aside a s a esthetic p otential tourist

spots;

3. Areas which constitute the habitat for a ny

endangered or threatened species of

indigenous Philippine Wildlife (ora and

fauna);

4. Areas of u nique historic, archaeological, or

scientic interests;

5. Areas which are t raditionally occupied by

cultural communities or t ribes;

6. Areas frequently visited and/or h ard-hit by

natural ca lamities (geologic hazards, oods,

typhoons, volcanic a ctivity, etc.);

7. Areas with critical slopes;

8. Areas classied as prime a gricultural lands;

9. Recharged areas o f aquifers;






10. Water bodies characterized by one or an y

combination of the following con ditions;

a. tapped for domestic purposes

b. wi

protected areas declared by

appropriate authorities

c. which support wildlife a nd

shery activities

11. Mangrove areas characterized by one or

any

combination of the following con ditions:

a. with primary p ristine an d dense

young growth;

b. ad

systems;

c. near or adjacent to tr aditional

productive fry or sh ing grou nds;

d. which act as n atural buffers

against shore er osion, strong winds an d

storm oods;

e. on which people are dependent

for t heir l ivelihood.

12. Coral reefs, characterized by one o r an y

combinations of the following con ditions:

a. with 50% and above

live coralline c over;

b. awning d

grounds for sh;

c. which act as n atural breakwater

of coastlines.

Environmentally Non-Critical Proj ects. — All

other projects, u ndertakings and areas not

declared by the President as environmentally

critical shall be c onsidered as n on-critical and

shall not be required to submit an

environmental impact statement. The

National Environmental Protection Council,

thru the

Ministry of Human Settlements may however

require non-critical projects and undertakings

to provide additional environmental

safeguards as i t may deem necessary.

The Artica Sports Dome in Langub does not

come close to any of the projects or areas

enumerated above. Neither is it analogous to

any of them. It is c lear, therefore, that the s aid

project is not classied as environmentally

critical, or within an environmentally critical

area. Consequently, the

DENR has no choice but to issue the

Certicate of Non-Coverage. It becomes its

ministerial duty, the performance of which can

be compelled by writ of mandamus, such as

that issued by the trial court in the case at

bar.











PD 1151: PHILIPPINE ENVIRONMENTAL

POLICY

We will discuss PD

1151.

As earl

na t ayong policy on the environment.

Sec. 1-It is hereby the continuing policy of

the state- *** Continuing-up to now the same

yung poli

(a) to create, develop, maintain and

improve conditions under which man and

nature can thrive in productive and

enjoyable harmony with each other, -***Man and nature can thrive in productive and

enjoyable harmony with each other- So there is

no quarrel between man and nature because

merong harmony between them. It

presupposes a policy on sustainable

development.

(b) to fulll the social, economic a nd other

requirements of present and future

generations of Filipinos, -***So if you are

aware of intergeneration responsibility -to

preserve our environment for the generations

yet to come, we are here to preserve and

conserve the environment for t he generations

to come, tayo ang mag-proprotect we are not

here t o destroy nor to ex ploit but to p rotect the

environment so that is intergenerational

responsibility so like in the ca se of Factoran.

And (c) to insure the attainment of an

environmental quality that is conducive to

a life of d ignity and well-being .- ***A quality

that is conducive to a life so like there is a

need for a cl ean and healthy environment and

there i s d ignity in one’s p erson

Sec. 2. Goal - 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 (a) recognize,

discharge a nd fulll the resp onsibilities o f

each generation as trustee and guardian

of the environment for succeeding

generations,- ***So eto na naman yung

intergenerational responsibility. S o hindi pa

nauso si Atty. Oposa meron na yang

intergenerational responsibility kasi as early

as 1970s meron na yan it is evidenced by PD

1152 so it is not entirely true na si Oposa

talaga ang responsible for the

intergenerational responsibility concept sa






Pilipinas though sumikat si ya dahil diyan at

naging international celebrity I know that

because Atty

(b) assure the people of a safe, decent,

healthful, productive and aesthetic

environment, ***The environment is itself

aesth etic, t here is art, there is artistry in the

environment so nakita niyo yung mga natural

wonders, yung mga sculptures created by

nature, yung mga rock monuments mga

korteng dinosaurs at kung anu-ano pa ang

mga itsura n ila.

(c) 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, (d)

preserve important hist

aspects o f the Philippine h eritage,

***Our n atural resources i tself constitute our

heritage itself.So under PD 1151 it is the

policy of the State to protect t he cultural

aspect of t he Philippine heritage, part of ou r

heritage.

(e) attain a rational and orderly balance

between population and resource use, and

(f) improve the utilization of renewable

and non-renewable resources-

*** As early as 70s we are talking about

renewable energy . Example ng renewable

energy –wind energy, hydro-electrical, yan ang

trend right now. Geothermal not dependent

on mineral fuels. In so far a s non-renewable

resources i-improve mo yun or i-preserve mo

pa kung ano pa yung natitira pa sa l upa mo.

Sec. 3 . Right to a Healthy Environment .

*** You can nd the right to a healthy

environment sa Constitution. So as early as

70s, na-incorporate na yan sa 1987

Constitution.

In furtherance of these goals a nd policies,

the Government recognizes the right of the

people to a healthful environment. It shall

be the duty and responsibility of each

individual to contribute to the

preservation and enhancement of the

Philippine environment -

***Who has the duty? You would say the

government, No!!! If you would look at the

Philippine environmental policy, it i s the duty

of each and every one. Lahat n g citizens ng

Republic of t he Philippines. It is our d uty to





Environmental Law TSN 2-Manresa 2012- 1&

contribute to the preservation and

enhancement of our environment.

Sec. 4. Environmental Impact Statements.

Pursuant to the bove uncia

and goals, all agencies and

instrumentalities of the national

government, including government-owned

or controlled corporations, as well as

private corporat rms and entities

shall prepare, le and include in every

action, project or undertaking which

signicantly affects the quality of the

environment a detail statement on

(a) the environmental impact of the

proposed action,

(b) any adverse environmental effect which

cannot be avoided should the proposal be

implemented;

(c) alternative tohe 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 involve the use of

depletable or non-renewable resources, a

nding must be made that such use and

commitment are warranted.

***What ar e the m itigating measures t o soften

the impact of the undertaking to the

government , yan yung EIS system. Under PD

1151 it says- all agencies and

instrumentalities of the national government

but it does not include the local government

units because u nder the Administrative Code,

the term local government unit has a different

denition at h indi yan kasali diyan. So using

the denition (local government unit under sa

Administrative Code) in the case of Davao

City vs DENR. It is about the Artica Sports

dome, during the time, the city governmentstarted the project without undergoing the EIS

system, hindi sila kumuha ng ECC. Now the

opponents of then Mayor de Guzman led a

case against him and some other individuals

for the violation of PD 1586. Because they

embarked on a project which is considered to

be environmentally critical project and withinan environmentally critical area at h indi sila

kumuha ng ECC which is required under PD

1586. Since it was already there, pinandigan

ko na, I said there’s n o need to secu re an ECC

and to comply with PD 1586 because in the





Environmental Law TSN 2-Manresa 2012- 1'

rst place: 1. Local government units are not

embraced with the scope of the law; 2. The

city is exempt from getting an ECC because it

is n ot an environmentally critical project an d

it was not undertaken within an

environmentally c ritical area.

***So ang ginawa namin kumuha kami ng

Certicate of Non-Coverage or CNC which the

DENR refused to give. So we went to RTC and

the RTC sustained the decision of the City

government so the Sol. Gen. went up to the

Supreme Court and the SC decided that on

the argument that LGUs are not covered, the

SC said that ALL governmental units are

covered. It is clear now that all

instrumentalities including the LGUs are

covered pero parang may judicial legislation

kasi inilagay a ng LGUs. However, on the issue,

W/N the city government or the mayor

viol

secure an ECC, sabi ng Supreme Court- the

city is exempt in securing an ECC because the

project is not considered as an

environmentally critical project a nd it is not

undertaken within an environmentally critical

area. So it paved the way for the issuance of

CNC so there was n o legal impediment for the

continuation but at that time, Ben de Guzman

lost t he elections so Mayor Duterte decided

not to continue the project n otwithstanding

the clearance from DENR.

Before an environmental impact statement

is issued by a lead agency, all agencies

having jurisdiction over, or special

expertise on, the subject m atter involved

shall comment on the draft environmental

impact statement made by the lead agency

within thirty (30) days from receipt of the

same.

Section 5. Agency Guidelines. The

different agencies charged with

environmental protection as enumerated

in Letter of Instruction No. 422 shall,

within sixty (60) days from the effectivity

of this Decree, submit to the National

Environmental Protection Council (NEPC),

their respective guidelines, rules and

regulations to carry out the provisions of

Sec. 4 hereof on environmental impact

assessments a nd statements.

Section 6. Repealing Clause. All Acts,

Presidential Decrees, executive orders,

rules and regulations or parts thereof

which are inconsistent with the provisions





Environmental Law TSN 2-Manresa 2012- 1(

of this Decree are hereby repealed,

amended or modied accordingly.

Section 7. Effectivity. This Decree shall

take effect immediately.

Done in the City of Manila this 6th day of

June in the year of Our Lord, nineteen

hundred and seventy-nine.

***So as early as June 6, 1979 meron na

tayong law for this and until now sinusunod

pa ri n natin to.





Environmental Law TSN 2-Manresa 2012- 1)

PD 1152: PHILIPPINE ENVIRONMENTAL

CODE

***Medyo detalyado ito, Ano itong PhilippineEnvironmental Code? The establishment of

specic environment management policies

and prescribing environment quality

standards in a Philippine Environment

Code. So the Philippine Environment Code

actually establishes a quality, an

environmental quality standards. Yan ang

Philippine Environment Code, so ano yung

mga standards na yan?

TITLE I: AIR QUALITY MANAGEMENT

***What are the purposes?

(a) to achieve and maintain such levels of

air qu ality a s to protect pu blic health; and

***Levels o f air qu ality s o there’s a standard of

minute particulates in the air. I r emember

when I was in

nakikita akong billboard k ung saan nakalagay

kung gaano karami yung particulates sa

environment to determine whether it is

polluted or not so everybody will know so if

you will pass by tha

makikita mo doon kasi malaki yun so it will

really catch your attention so makikita mo

doon yung level of air standards kasi may

indication doon kung sumobra nab a siya.

Pero parang tinanggal na I don’t know why

mas maganda sana yun so everybody would

know the quality of air we breathe especially

in Manila. One indication is that maraming

nagkakasakit or makikita mo yan sa katawan

like nahihirapan kang huminga like you are

on the p lane, makikita niyo before you landing

kung gaano ka-polluted yung Maynila but

supposedly meron dapat tayong air quality

management.

(b) to prevent to the greatest extent

practicable, injury and/or damage to plant

and animal life and property, and promote

the social and economic development of

the country.

***The growth of plants even yung animals

naapektuhan din sila some plants are

stunted, the growth is stunted, maliit pa

namumunga n a (na-ahat siya) it will bear fruit

then it will wither t hen it will die. So kung

ganon sa plants, ganon din sa tao bata pa

pero parang matanda na.

***Ano yu ng standards n g air quality?

Sec. 3. Ambient Air Quality

Standards. There shall be established





Environmental Law TSN 2-Manresa 2012- 1*

ambient air quality standards which shall

prescribe te maximum concentration of

air pollutants permissible in the

atmosphere consistent with public health,safety and general welfare.

In the establishment of ambient air

quality standards, factors such as local

atmospheric conditions, location and land

use, and available technology, shall be

considered among others.

Sec. 4. National Emission

Standards. There shall be established

national emission standards for new and

existing stationary and mobile sources of

pollutin which shall consider among

others such factors as type of industry,

practicable cont

location and land use, and the nature of

pollutants mi

Sec. 5. Community Noise

Standards. Appropriate standards for

community noise levels shall be

established considering, among others,

location, zoning and land use

classication.

Sec. 6. Standards for Noise-Producing

Equipment. There shall be established a

standard for noise producing equipment

such as construction equipment,transportation equipment, stationary

engines, and electrical or electronic

equipment and such similar equipment or

contrivances. The standards shall set a

limit on the acceptable level of noise

emitted from a given equipment for the

protection of public health and welfare,

considering among others, the magnitude

and condition of use, the degree of noise

reduction achievable through the

application of best available technology

and the cost of compliance.

The Installation of any noise-producing

equipment shall conform with the

requirements of Presidential Decree No.

1096 and other applicable laws as w ell as

their implementing rules an d regulations.

Sec. 7. Aircraft Emission and Sonic

Booms. Appropriate government agencies

shall encourage research studies on the

harmful effects of aircraft emissions in

the environment in order to establish

permissible emission standards.Based on the Lectures of Att ! "amon Edison Batacan




Environmental Law TSN 2-Manresa 2012- 1+

Research and studies shall also be

undertaken to mitigate and/or minimize

the effects of sonic booms in the

environment.

***Lahat yan are actually standards.

Standards for noise-producing equipments

like jackhammers. I remember, I was t old, who

are familiar with SNR? Diyan nag-

shoshopping yung mga high-end shoppers.

Everybody is happy about the proposed SNR

and it is now on construction pero ang sabi

nila na-stop ang construction. Why? Because

of noise pollution. Yung subdivision near SNR

nagrereklamo na kasi gusto ng SNR ng

magpile nang magpile kasi hindi pa nila na-

rereach ang desired depth na gusto nila so

araw gabi yun at yung mga tao hindi na

makatulog dahil sa sobrang ingay . Pr obably

those residents led a complaint that’s why

the con struction is temporarily stopped. Then

nakausap ko yung isa sa mga contractors,

sabi niya the construction will resume after

ma-install yung machine pile that will

minimize the noise.

***Itong aircraft emissions a nd sonic booms. I

don’t know if naabutan niyo yan pero I guess

naabutan niyo yung BAK 11(?) na eroplano.

In the ear lier planes ofCebu Pacic, yung mga

luma (BAK 11(?)) Kapag dumating yan at

kapag nag-take-off yan napakaingay but they

are not being used anymore yung mga BAK

11(?) kasi hindi siya makapasa sa noise

standards. Pero I was really surprised kasi

these planes yung BAK 11(?) at DC 9 (?) are

not used in Philippines but they are used

outside of the Philippines kasi during one of

my trips abroad, from France to Italy, nakita

ko na ginagamit pa pala ang mga ito dito pero

hindi na ito ginagamit sa Pilipinas so yung

standard nila mas maliit so mas mas okay p a

pala tayo dito sa Pilipinas kasi mas mataas

ang a ting standards. In fact, in the P hilippines

we have the youngest eet of planes sa buong

mundo.

Chapter II

Regulation and Enforcement

Sec. 8. Air Quality and Noise

Standards. The National Pollution Control

Commission in coordination with

appropriate government agencies shall be

responsible for the enforcement of ambient

air quality emission and noise standards,

including the monitoring and surveillance

of air pollutants, licensing and permitting

of a ir p ollution control f acilities, and the

promulgation of appropriate rules and

regulations.






Existing air quality emission and noise

standards may be revised and/or modied

consistent with new development and

technology.

Sect. 9. Aircraft Noise. Community noise

standards around airports shall be

implemented by the Civil Aeronautics

Administration in coordinatin with te

National Pollution Control Commission.

Sec. 10. Vehicular Emissions. The Land

Transportation Commission, in

coordination with the National Pollution

Control Commission, shall implement

emission standards for motor vehicles and

may deputize other appropriate law

enforcement agencies for the purpose.

Sec. 11. Radioactive Emissions. The

release a nd emission of radioactivity into

the environment incident to the

establishment or possession of nuclear

energy facilities and radioactive

materials, handling, transport,

production, st

radioactive materials shall be regulated

by the Philippine Atomic Energy

Commission in coordination with other

appropriate government a gencies.

Chapter III

Monitoring

Sec. 12. Air Quality Monitoring. The

National Pollution Control Commission, in

coordination with appropriate government

agencies, shall establish to the greatest

extent practicable an air quality

monitoring network. Such air quality

monitoring network shall put to maximum

use the ca pabilities of these a gencies.

**Monitoring, there’s a need for a ir m onitoring.

So who is supposed to monitor? The NPCC in


agencies, shall establish to the greatest ext ent

practicable an air qu ality monitoring network

but this is not actually done.

The National Environmental Protection

Council shall be furnished with the results

of air qu ality monitoring activities.

Sec. 13. Weather Modication. The

Philippine Atmospheric, Geophysical and

Astronomical Services Administration

shall monitor regularly meteorological






factors ffect ental

in order to effectively guide air pollution

monitoring activities.

Activit

such as rainfall stimulation and storm

seeding experiments shall be undertaken

in consultation and/or in coordination

with the Philippine Atmospheric,

Geophysical and Astronomical Service

Administration.

***PAG-ASA. We have the oldest weather

equipments. I remember the former chief of

PAG-ASA, he was removed because the PAG-

ASA failed

so he was removed by the president only to

nd out (by the president himself) na m edievalpa yung mga equipments so bumili sila nga

bago. Who can accurately predict the

weather? Wala naman diba? Even the US. o

sabi nila, predicting weather is like also

predicting a mind of a woman. If you can’t

predict the mind of a woman you cannot also

predict the weather.

TITLE II: WATER QUALITY MANAGEMENT

*** Meron tayong Clean Water Act pero actually

ito na yun.

Sec. 14. Purpose. It is the purpose of this

Title to prescribe management guidelines

aimed to protect and improve the quality

of Philippine water resources through:

(a) classication of Philippine waters

***Meron na tayo niyan, meron na tayong map

of rivers all over the Philippines on the

classication of such waters. Meron yan silang

grade. Like yung river na ito, eto a ng kaniyang

river 12 3 or 4 like can it be u sed for d rinking

or para saan it puwedeng gamitin like puwede

ba itong pang-recreation, pang-industrial etc.

(b) establishment of water quality

standards;

(c) protection and improvement of the

quality of the Philippine water resources,

and

(d) responsibilities for surveillance and

mitigation of pollution incidents .*** Wala

tayo niyan although sinasabi nila that the

ENP monitors al l our w aters i n their r espective

areas of responsibilities pero hindi nila

ginagawa yan what they do is that they just

act i f there’s an incident pero on their own di

talaga nila ginagawa yan.






Chapter I

Classication and Standards

Sec. 15. Classication of Philippine

Waters. The National Pollution Control

Commission, in coordination with

appropriate government agencies, shall

classify Philippine waters, according to

their best usage. In classifying said

waters, the National Pollution Control

Commission shall take into account,

among others, the following:

(a) the ex isting quality of the body of water

at the time of classication;

(b) the size, depth, surface area covered,

volume, direction, rate of ow, gradient of

stream; and

(c) the most benecial uses of s aid bodies

of water and lands bordering them for

residential, agricultural, commercial,

industrial, navigational, recreational, and

aesthetic purposes.

Sec. 16. Reclassication of Waters Based

on Intended Benecial Use. Where the

public int

Pollutin Control Commission, in


agencies, shall reclassify a body of water

based on the intended benecial use and

take such steps as may be necessary toupgrade the quality of said water. Other

government agencies may adopt higher

standards for a particular body of water,

subject to the approval of the National

Pollution Control Commission.

Sec. 17. Upgrading of Water

Quality. Where the quality of water has

deteriorated to a degree where its state

will adversely affect its best usage, the

government agencies concerned shall take

such measures as may be necessary to

upgrade the quality of such water to meetthe prescribed water quality standards.

Sec. 18. Water Quality Standards. The

National Pollution Control Commission

shall prescribe quality and effl uent

standards consistent with the guidelines

set by the National Environmental

Protection Council and the classication

of waters prescribed in the preceding

sections, taking into consideration, among

others, the following:






(a) the standard of water qu ality or purity

may vary according to benecial uses;

and

(b) the technology relating to water

pollutin

Chapter II

Protection and Improvement of Water

Quality

Sec. 19. Enforcement and

Coordination. The production, utilization,

storage and distribution of hazardous, toxic

and other substances such as radioactive

materials, heavy metals, pesticides,

fertilizers,and oils, and the disposal,

discharge and dumping of untreated wastewater, mine tailings and other

substances that may pollute any body of

water of the Philippines resul

normal operations of industries, water-

borne sources, and other man activi

as well as those resulting from accidental

spills and discharge shall be regulated by

appropriate government agencies pursuant

to their respective charters and enabling

legislations. In the performance of the

above functions, the government agencies

concern shall coordinate with the National

Environmental Protection Council and

furnish the latter with such information as

may be necessary to enable it to attain itsobjectives under Presidential Decree No.

1121.

Sec. 20. Clean-up Operations. It shall be

the responsibility of the polluter to

contain, remove and clean up water

pollution incidents at h is own expense. In

case of his failure to do so, the government

agencies concerned shall undertake

containment, removal and clean-up

operations and expenses incurred in said

operations shall be charged against the

persons and/or entities responsible for

such pollution.

Sec. 21. Water Quality Monitoring and

Surveillance. The various government

agencies concerned with environmental

protection shall establish to the greatest

extent practicable a water quality

surveillance and monitoring network with

suffi cient stations and sampling schedules

to meet the needs of the country. Said

water quality surveillance network shall

put to maximum use the capabilities of






such government agencies. Each agency

involved in such network shall report to

the National Environmental Protection

Council the results of these monitoringactivities as the need arises . ***Hindi

naman nila ginagawa yan.

***We also h ave land use management.

TITLE III: AND USE MANAGEMENT

Sec. 22. Purpose. The purposes of this Title

are:

(a) to provide a rational, orderly and

efficient acquisition, utilization and

disposition of land and its resources in

order to derive therefrom maximum

benets; and

(b) to encourage the prudent use and

conservation of land resources in order to

prevent and imbalance between the

nation's needs and such resources .

***Ito yung pinaka-importante dito kaya nga

meron tayong land management bureau. Ano

yung imbalance? Ito ng bght

different uses of lands yung mga agricultural

use, yung residential. Our population is

growing, yung mga lands devoted to

agriculture nababawasan yan so anong lupa

ang gaga mitin natin for agri culture? Wala! The

agricultural production becomes smaller an d

smaller a s our n eed for resi dential lots grow.

So what’s the objective of land management?

To create the balance between the needs and

the development.

Sec. 24 . Location of Industries. In the

location of industries, factories, p lants,

depots and similar industrial

establishments, the regulating or

enforcing agencies of the government shall

take into consideration the social,

economic, geographic and signicant

environmental impact of said

establishments .

***Supposedly, there should be a

comprehensive zoning ordinance. Why

comprehensive? Kasi dapat ma-identify mo

kung ano yung industrial, residential,

commercial etc. But in Davao City we don’t

have one. But we have SPOT Zoning katulad

sa isa may residential, commercial, industrialsa kabila meron na naman, spot nga. Others

would say, it’s pocket zoning. It is very ideal

that a ll industries should be placed in one

location para alam mo kung saan ka mag-






iinvest at saan mo ilalagay ang factory m o the

same a s r esidential.

***Ironic situation: HOLCIM-At the time that

HOLCIM was established there, wala pang

mga residents diyan but because of the

employees they were allowed to built their

houses n ear HOLCIM, right now the residents

are complaining at gu sto na nilang paalisin

ang HOLCIM kasi daw nakaksira sila sa

environment at naapektuhan sila.

***But if we have that zoning ordinance

maiiwasan natin yung mga sitwasyon na

ganyan.

TITLE IV: NATURAL RESOURCES

MANAGEMENT AND CONSERVATION

Sec. 25. Purposes. The purposes of this

Title a re:

(a) to provide the basic policy on the

management and conservation of the

country's natural resources to obtain the

optimum benets therefrom and to

preserve the same for the future

generations; and

(b) to provide general measures through

which the aforesaid policy may be carried

out effectively.

***We are talking here about sustainable

development so we have to preserve our

natural resources for the future

generation. Conservation means to use

only what we need.

Chapter I

Fisheries and Aquatic Resources

Sec. 26. Management Policy. The National

government, through the Department of

Natural Resources, shall establish a

system of rational exploitation of sheries

and aquatic resources within the

Philippine territory and shall encourage

citizen participation therein to maintain

and/or enhance the optimum and

continuous productivity of the same.

Sec. 27. Measures for National

Exploitation. Measures for the national

exploitation of sheries a nd other a quatic

resources may include, but shall not be

limited to, the following:






(a) undertaking manpower and expertise

development;

(b) acquiring the necessary facilities and

equipment;

(c) regulating the marketing of threatened

species of sh or other a quatic resources;

(d) reviewing all existing rules and

regulations on the exploitation of sheries

and aquatic resources with a view of

formulating guidelies

and effective enforcement thereof; and

(e) conserving the vanishing species of sh

and aquatic resources such as turtles, sea

snakes, crocodiles, corals, as well as

maintaining the mangrove areas, marshes

and inland waters, coral reef-areas and

islands serving as sanctuaries for sh

and other a quatic life.

Chapter II

Wildlife

Sec. 28. Management Policy. The national

government through the Department of

Natural Resources, shall establish a

system of rational exploitation and

conservation of wildlife resources and

shall encourage citizen participation in

the maintenance and/or enhancement of

their continuous productivity.

Sec. 29. Measures for Rational

Exploitation. Measures for rational

exploitation of wildlife resources may

include, but shall not be limited to, the

following:

(a) regulating the marketing of threatened

wildlife reso urces.

(b) reviewing all existing rules and

regulations on the exploitation of wildlife

resources with a view of formulating

guidelines for the systematic a nd effective

enforcement thereof; and

(c) conserving the threatened species of

fauna, increasing their rate of

reproduction, maintaining their original

habitat, habitat manipulation,

determining bag/creel limits, population

control in relation to the carrying

capacity of any given area, banning of

indiscriminate and/or destructive means

of catching or hunting them.






Chapter III

Forestry and Soil Conservation

Sec. 30. Management Policy for

Forestry. The national government,

through the Department of Natural

Resources, shall undertake a system of

rational exploitation of forest resources

and shall encourage citizen participation

therein to keep the country's forest

resources at maximum productivity at all

time.

Sec. 31. Measures for Rational

Exploitation of Forest Resources. Measures

for the rational exploi


limited to, the following:

(a) regulating the marketing of threatened

forest

(b) reviewing all existing rules and

regulations on the exploitation of forest

resources with a view of formulating

guidelines for the systematic and effi cient

enforcement thereof;

(c) conserving threatened species of ora

as well as increasing their rate of

propagation; the banning of destructive

modes of exploitation, kaingin making or

shifting cultivation, indiscriminate

harvesting of minor forest products therecycling methods of waste materials, and

(d) carrying out a continuing effect on

reforestation; timber stand improvement;

forest protection; land classication;

forest occupancy management; agri-

silviculture; range management; agri-

silvicultural/kaingin management;

industrial tree plantation; parks and

wildlife management; multiple use forest;

timber management and forest research.

Sec. 32. Use of Fertilizers and

Pesticides. The use of fertilizers and

pesticides in agriculture shall be

regulated prescribing therefor a tolerance

level in their use. Their use shall be

monitored by appropriate government

agencies to provide empirical data for

effective regulation. ***Fertilizers and

pesticides are supposed to be monitored but

sad to sa y wala rin.

Sec. 33. Management Policy on Soil

Conservation. The national government,






through the Department of Natural

Resources and the Department of

Agriculture, a

soil conservation program includingtherein the identication and protection

of critical watershed areas,

encouragement of scientic farming

techniques, physical and biological means

of soil conservation, and short-term and

long-term researches and technology for

effective soil conservation.

Chapter IV

Flood Control and Natural Calamities

Sec. 34. Measures in Flood Control

Program. In addition to the pertinent

provisions of

shall be included in a soil erosion,

sediment and ood control program;

(a) the control of soil erosion on the banks

of rivers, the shores of lakes, and the

seashores;

(b) the control of ow and ooding in and

from rivers

(c) the conservation of water which, for

purposes of t

of water, but shall not include captive

water;

(d) the needs of sheries and wildlife and

all other recreational uses of natural

water;

(e) measures to control the damming,

diversion, taking, and use of natural

water, so far as any such act may affect

the quality and availability of natural

water for other purposes; and

(f) measures to stimulate research in

matters relating to natural water an d soil

conservation and the application of

knowledge thereby acquired .

***You see t here’s ood control program. One

of the ways t o prevent oods is to preserve t he

natural catch basins kasi diyan napupunta

yung mga tubig pero ang ginagawa because of

rapid development tinatabunan nalang. So

saan na ngayon pupunta ang tubig? It

supposedly go to the lowest portion. Like in

Davao City-Torres, Obrero, Boulevard, Laverna

Hills, etc. The best example h ere is yu ng bagyo

sa Maynila yung umapaw yung Marikina River

tapos may subdivision doon, zero talaga

maraming namatay kasi yung area na yun ay

natural catch basin.Based on the Lectures of Att ! "amon Edison Batacan




Environmental Law TSN 2-Manresa 2012- 2+

Sec. 35. Measures to Mitigate Destructive

Effects of Calamities. The national

government, through the Philippine

Atmospheric, Geophysical and Astronomical Services Administration,

shall promote intensied and concerted

research efforts on weather modication,

typhoon, earthquake, tsunami, storm

surge, and other tropical natural

phenomena in order to bring about any

signicant effect to mitigate or prevent

destructive effects. *** Typhoon Pablo-

matagal siyag nakalabas in fact bumalik pa

nga siya d iba eh.

Chapter V

Energy Development

Section 36. Policy. Consistent with the

environmental protection policies, the

national government, through the EnergyDevelopment Board, shall undertake an

energy development program encouraging

the utilization of invariant sources such

as solar, wind and tidal energy.

***Nuclear power plant, we have Bataan

nuclear power plant which was built du ring

the time of Marcos. But at the time of Cory,

she immediately abolished the Department of

Energy and I was in that department. During

that t ime we experienced a lot of brown outs

at su ch effects are experienced til now kasi

napabayaan kasi ang argument nila ang

department na yun daw ang isa sa pinaka-

corrupt but I would say that such agency was

the most effecient du ring the time of Marcos

kasi walang mga brown out but napabayaan

and now they are planning to revive it pero

maraming ayaw kasi natatakot silang matulad

sa Jap an or yung nangyari sa Russia.

***The trend right now is to go into to th e u se

of renewable energy. There is a form of

compensation dito on renewable en ergy, this is

an international law. This so called

compensation, you use this much energy, you

save this much energy that’s an equivalent

into saving our environment.

Sec. 37. Measures for Energy

Development.

Measures for energy development program

may include, but shall not be l imited to,

the following:






(a) setting up of pilot plants utilizing

invariant sources of energy;

(b) training of technical personnel for

purposes of energy vment;

(c) conducting researches aimed at

developing technology for energy

development.

Sec. 38. Safety Measures on Energy

Development. Rules and regulations shall

be promulgated to prevent or mitigate the

adverse effects of energy development on

the environment. For this purpose, all

nuclear powered plants exploring and

utilizing geothermal energy, whether

owned or controlled by private or

government entities sh all:

(a) observe internationally accepted

standards of safety; and

(b) provide safety devices to ensure the

health and welfare of their personnel aswell as the surrounding community.

Chapter VI

Conservation and Utilization of Surface

and Ground Waters

Sec. 39. Management Policy. In addition to

existing laws, the national government

through the National Water Resources

Council in coordination with otherappropriate government agencies, shall

prescribe measures for the conservation

and improvement of the quality of

Philippine water resources and provide for

the prevention, control and abatement of

water pollution.

***Ang ginagamit natin for our basic water

need is for example the Davao City Water

District is yu ng ground water bu t as early as

now they are con sidering the possible u sage of

surface water kasi nauubos na yung ground

water natin and the most viable surface water

is found at Tamugan river but it is being

contested by Aboitiz and the DCWD on the

use of the water. But I like to add to that n ow;

they were able to come up with a solution to

such problem.

***There’s an article about t he control of t he

sources of water and the next world war would be about who has control over water resources

because it is believed that water in the future

would be scarce. Diyan mag-away-away, that

would be the cause of the next world war .






Chapter VII

Mineral Resources

***There’s a bill now pending in Congress

making Davao city mining-free if that would

be passed, Davao Ci

in the Philippines. Walang mining sa Davao

City.

***Ang trending talaga is to go mining. We

extract o ur resources. It is just a matter of

how you manage it, kung paano mo kukuninetc. Kaya nga nilagay yan diyan ng Panginoon

so man should use it but it should be used in

accordance with the needs.

Sec. 40. Management Policy. - The

national government, through the

Department of Natural Resources, shall

undertake a system of gainful exploitation

and rational and effi cient utilization of

mineral resources and shall encourage

citizen participation in this en deavor .

***This became effective during the time of

Marcos. During the time of Marcos, ine-

encourage niya yung participation yung mga

under t he soci al justice syst em, yung sinasabi

nilang backyard mining in order to support

the livelihood program ng government but the

problem is that t hese small-scale miners are

left on their own and they conduct mining

operations on their own without the guidance

of the government. So pollution dito pollution

doon then the problem became bigger and

bigger .

Sec. 41. Measures for Exploitation and

Utilization of Mineral Resources. Measures

for the gainful exploitation and rational

and effi cient utilization of such mineral


limited to the following:

(a) increasing research and development in

mineral resources technology;

(b) training of additional technical

manpower needed in geology, geophysics,

mining engineering, and related elds;

(c) regulating the exploitation of identied

mineral reserves;

(d) accelerating the exploration of

undiscovered mineral deposits; and

(e) encouraging the establishment of

processing plants for rened metals.

TITLE V: WASTE MANAGEMENT






***Waste management-it is also a problem

here in Davao City. We gen erate a lot of waste.

Hindi lang waste on our households, on our

offices but the bigger problem is the waste

generated from the hospitals –they are h ighly

communicable, walang waste disposal system

ang mga hospital though sa kanila merong

segregation but it is only up to that. How do

we dispose of m? Zero Why? 1. Lack

initiative from the government to implement

the laws. 2. Sa local, wala tayong facilities. 3 .

Wala tayong tnol

hospitals but they are incapable because t hey

are busy running the hospitals . But right

now, the PAB is really looking forward that

such system would be implemented in the

next ve years.

***In Davao city, we are supposed to have a

waste segregation, meron tayong mga

basurahan and we were provided with

thousands of recycle bins how many years ago

pero ngayon parang wala na kasi yung ibang

magagaling na mga Pilipino ninanakaw at

dinadala nila sa bahay nila, yung ibang

industries dinadala nila sa mga yarda nila.

Tapos meron tayong color

tayong color coding like black (non-

biodegradableand green (biodegradabl

Even the segregation starts at home the

problem began at the transport pagdating

doon sa truck iniisa nalang nila then

pagdating sa tambakan iniisa lang nila so

useless. There is no technical su pport from

the ENB. The ENB is supposed to take a

strong lead at this waste seg regration program

pero wala p a rin.

Sec. 42. Purpose. The purposes of this

Title are:

(a) to set guidelines for waste management

with a view to ensuring its effectiveness;

(b) to encourage, promote and stimulate

technological, educational economic and

social efforts to prevent environmental

damage and unnecessary loss of valuable

resources of the nation through recovery,

recycling and re-use of w astes and waste

products; and

(c) to provide measures to guide and

encourage appropriate government

agencies in establishing sound, effi cient,

comprehensive and effective waste

management.

Chapter I

Enforcement and Guidelines






Sec. 43 . Waste Management

Programs. Preparation and

implementation of waste management

program shall be cities and municipalities. The Department

of Local Government and Community

Development shall promulgate guidelines

for te ulatd

waste management programs .

***The agency responsible for this would be

the LGUs. Actually meron nay an siya but it is

not actually being enforced. Tapos yung

initiative nawala na ngayaon kahit ano n alang,

supposedly it should be MWF-biodegradable

tapos TTH-non-biodegradable tapos h indi nila

kukunin yung basura mo sa hindi takdang

araw pero ngayon wala, sa amin once a w eek

lang so pinag-isa nila yung bio at non-bio,

binubuhos lang ni

basurero sinesegrwede

pang-marecycle t apos binebenta nila.

Every waste management program shall

include t he following:

(a) an orderly system of operation consistent

with t

(b) a provision that the operation will not

create pollution of an y kind or will constitute

public nu isance;

(c) a system for a safe a nd sanitary disposal of

waste;

(d) a provision that existing plans a ffecting the

development, use and protection of air, water

or n atural resources sh all be con sidered;

(e) schedules and methods of implementing

the development, construction and operation

of the plan together w ith the estimated costs;

and

(f) a provision for th e periodic revision of the

program to ensure its effective

implementation.

Sec. 44. Responsibility of Local Governments.

Each province, city or municipality shall

provide measures to facilitate the collection,

transportation, processing and disposal of

waste within its jurisdiction in coordination

with other government agencies concerned.

For this purpose, the national governmentshall provide the necessary subsidy, to local

governments upon request made through the

National Environmental Protection Council

and subject to such terms and conditions as

the latter m ay provide.






Chapter II

Methods of Solid Waste Disposal

***Ano yung methods of waste disposal? Later

on we will discuss on Clean Air Act. So we

have solid waste disposal, san itary landll,

incinerations-actually sa Clean Air Act n awala

na itong incinerations. Yu ng incineration is

yung sinussunog yung mga basura ay

chimney yan doon sa chimney ini-emit yung

smoke. Nawala ito ngayon yung incineration

but the

incineration but it allows traditional

incineration-yung siga sa bahay. They say,

kung ipunin mo yang mga siga ng buong

Pilipinas compared to those incineration

plants, yung mga effluents, yung smoke, mas

sobra pa y ang smoke na y an kaysa mga smoke

galing sa m ga incineration plant.

Sec. 45. Solid Waste Disposal. Solid Waste

dispos.al shall be by sanitary landll,

incineration, composing, and other

methods as may be approved by competent

government authority.

Sec. 46. Sanitary Landlls. Local

governments, including private

individuals, corporations or orga nizations

may operate one or more sanitary

landlls. Any entity proposing to operate

a sanitary landll shall submit to the

appropriate government agency an

operational work plan showing, amongother things, a map of the proposed work

location, disposal areas for rubbish,

garbage, refuse and other waste matter;

and the equipment or machinery needed to

accomplish its operations. In no case sh all

landll or work locations under this

Section be located along any shore or

coastline, or a long the banks of rivers a nd

streams. lakes throughout their entire

length, in violation of any existing rules

and regulations.

Sec. 47. Incineration and Composting Plants. The installation and establishment

of incineration or composting plants, or

the alteration/modication of any part

thereof shall be regulated by the local

governments concerned in coordination

with the National Pollution Control

Commission.

Sec. 48. Disposal Sites. The location of

solid waste disposal sites shall conform

with existing zoning; land use standards,

and pollution control regulations.Based on the Lectures of Att ! "amon Edison Batacan





Sec. 49. Dumping into the Sea and Other

Navigable Waters. The dumping or

disposal of solid wastes into the sea and

any body of water in the Philippines,including shorelines and river banks,

where these wastes are l ikely to be w ashed

into the water is prohibited. However,

dumping of solid wastes or other

materials into the sea or any navigable

waters shall be permitted in case of

immediate or i mminent danger to life and

property, subject to the rules and

regulations of t he Philippine Coast Guard

and the National Pollution Control

Commission.

Government agencies and private entitieswhich are undertaking solid waste

management programs shall make

consultations with the government

agencies concerned with respect to the

effects of such dumping to the marine

environment and navigation.






PD 1586: ESTABLISHING AN

ENVIRONEMTAL IMPACT STATEMENT

SYSTEM, INCLUDING OTHER

ENVIRONMENTAL MANAGEMENT RELATED

MEASURES AND FOR OTHER PURPOSES.

***What is the EIS? PD 1586 or otherwise

known as Environmental Impact Statement

System xxxxx.

***What is the rationale of this law ? Thenecessity of establishing and

institutionalizing of a syst em whereby the

exigencies of s ocio-economic undertakings

can be reconciled with the requirements of

environmental quality. So dapat i -reconcile

mo yung dalawa. Industry vs. the

environment, ano ang median diyan? The EIS

system is a imed at n ding the line of best t

(?) ilalagay mo yung industry diyan pero you

make sure that the impact on the environment

is mitigated. Hindi masyadong destructive sa

environment. ‘Yan ang sh ort na rational about

PD 1586.

Section 1. Policy. It is h ereby declared the

policy of

a rational and orderly balance between

socio-economic growth and environmental

protection.

***When we say noh about environmental

protection, it does not mean that we should

live in caves n oh, we sh ould allow ourselves t o

grow but not t o destroy the environment or

kung merong industry na nakakasira diyan,

put up some mitigating measures so the

impact t o the en vironment is lessen, lessen to

a tolerable degree, there are st andards kung

hanggang saan lang ang puwede. Yan ang

objective ng EIS System.

Discussion of the direct or indirect

consequences upon the human welfare as

well as the ecological and environmental

integrity.

***Ano yung direct at yu ng indirect? Sabi nga

if you get the e cological footprint of a tree from

the time na tinanim yan hanggang sa time

lumaki at pu tulin yan, so ano ang direct

reason niyan? Siguro yung economic value

niya. What is the economic value of a tree?

70 pesos per board foot times kung ilang

board feet yung tree, yun yung kaniyang

economic value. How about yung other value?

Yung mga hindi puwedeng i-quantify through

money, ano yung puwedeng mawala? Sige

daw!! For example pinutol mo yung isang full






grown tree, ilang ibon ang namamahay diyan?

Diba mawawalan sila ng bahay? Ilang

butteriang gumagamit sa kniyang

bulaklak? Iumultipo yan o

na namumugad diyan? Yung mga uod na

nakatira sa roots n g kahoy na yan . So can you

quantify that? Isang kahoy lang yan, paano na

kaya kung ektarya ektarya , so can you

imagine the possible effects to the plants, the

animals pati na rin sa human beings. Kaya

nga sa bi nila di mo talaga ma-quantify yan.

***Ano yung Environmental Impact

Statement Assessment? Ano ang i-aassess

mo diyan? To identify the important

environmental consequences including

social factors that may occur to the

projects that may be done. ***Ano yungsocial factors? Ilang tao ang nakatira diyan?

Sino ang nakatira diyan? Kapag itinayo mo

yung project mo diyan i

displace? It is a type of measure to eliminate

or minimize the said impacts. Ano yung mga

measures to be done in order to minimize the

impact to the environment at di to sa mgasocial factors na ito, yung mga taong

apektado, yung mga animals na ap ektado.

***Later on meron diyang decree na naglilista

sa mga environmentally critical areas a t yung

mga environmentally critical projects. So if

you fall either of these two then you must

undergo the EIS system. Kung hindi ka

naman na-bebelong diyan, puwedeng hindi na

but this has been I should say abused noh or

naging overzealousness ng ENB, almost all

types of undertakings or proj ects requ ired an

ECC. Kahit gagawa ka lang ng maliit na

gasoline station diyan, you need to undergo

the EIS system.

***So what i s PD 2146 ? It lists d own the a reas

which are considered to be environmentally

critical and what projects a re considered t o be

environmentally critical.

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 Certicate,

or of the standards, rules and regulations

issued by the National Environmental

Protection Council pursuant to this Decree

shall be punished by the suspension or

cancellation of h is/its ce rticate or a nd/or

a ne in an amount not to exceed Fifty

Thousand Pesos (P50,000.00) for every

violation thereof, at t he discretion of the

National Environmental Protection

Council.






***So tignan niyo yung penalty, suspension or

cancellation of h is/its certicate or and/or a

ne in an amount not to exceed Fifty

Thousand Pesos (P50,000.00) for every

viol

deter a person in violating the EIS system?

Wala diba?

***So ano ang scope ng EIS system? Eto who

are covered? All government agencies,

including its instrumentalities as well as

GOCCs, private corporations, rms, entities

and individuals. I have told you about the

Artica o

construction of the dome without an ECC and

at that time si Mayor de Guzman was charged

to be criminally liable for the violation of P D

1586 dahil nagstart s ila without u ndergoing

the EIS system. Ang sabi naming, Artica

Soprts dome ay hindi covered ng EIS system

because 1. LGUs are not included in the

scope. 2. The project i s not con sidered to be

an undertaking in an environmentally critical

area a nd 3. The project is n ot considered to an

environmentally critical on e. The SC struck

down the rst line of defense, for t he p urposes

of PD 1586, LGUs are covered otherwise the

spirit of PD 1586 would be defeated by mere

technicality so that any LGU would just do

away with the EIS system. But the SC agreed

with the 2 nd and the 3 rd defences. Kasi ang

sabi ng Mines and Geosciences Bureau, the

entire Davao City is an environmentally

critical area then ang sabi naming, if that’s

the ca se you yourself is violating the PD 1586

because kung mag-construct lang kayo ng

anything noh, kahit maliit na kubeta you have

to undergo the EIS system so you have to pass

your mitigating measures to minimize the

impact to the environment doon palang talon

a ang argument nila. And we also submitted

evidences to prove that D avao City is not an

environmentally c ritical area.

Environmental Compliance Certicate

(ECC)-

It is a piece of document issued by the

DENR/EMB after a positive review of an

ECC application, certifying that based on

the representations of the proponent, the

proposed project or undertaking will not

cause signicant n egative: environmental

impact. The ECC also certies that the

proponent has complied with all the

requirements of the EIS System and has

committed to implement its approved

Environmental Management Plan. The ECC

contains specic measures and conditions

that the project proponent has to

undertake before and during the operation







Environmental Law TSN 2-Manresa 2012- &0

PD 2146

***This is a list actually containing the

projects which are co nsidered to be a s critical

and the a reas con sidered a s cri tical.

***We go directly to environmentally critical

projects. I have to emphasize h ah, if a project

is u ndertaken within an ECA (environmentally

critical areas)you have to u ndergo EIS system.

Kung project naman, irrespective of the areakahit saan mo ilagay yan basta yung project is

listed as an ECP (environmentally critical

project) it has to gothe EIS system. So ECP

regardless of the area, ECA regardless of the

project.

A.Environmentally Critical Projects

I. Heavy Industries

a. Non-ferrous m etal industries

b. Iron and steel mills

c. Petroleum and petro-chemical industries

including oil and gas

d. Smelting plants

***Yan yung cat egorized a s h eavy industries.

II. Resource E xtractive Industries

a. Major mining and quarrying projects

b. Forestry projects1. Logging

2. Major Wood processing projects

3. Introduction of fauna (exoticanimals) in

public/private forests

4. Forest occupancy

5. Extraction of mangrove products

6. Grazing

c. Fishery Projects

1. Dikes for/and shpond development

projects

III. Infrastru cture Projects

a. Major dams

b. Major power plants (fossil-fueled,

nuclear fueled, hydroelectric or

geothermal)

c. Major reclamation projectsd. Major roads and bridges

***So if you are p lanning to construct a major

dam kailangan ng ECC or kung yung power

plants l ike c oal plants.






***So what are those considered as

environmentally critical areas?

B.Environmentally Critical Areas

1. All areas declared by law as national

parks, watershed reserves, wildlife

preserve and sanctuari

*** So kahit ano pa ang ilagay mo diyan you

have to undergo the EIS system.

2. Areas set a side as aesthetic potential

tourist sp ots;

3. Areas which constitute the habitat for

any endangered or threatened species of

indigenous Philippine Wildlife (ora and

fauna);

4. Areas of unique historic,

archaeological, or scientic interests;

5. Areas which are traditionally occupied

by cultural communities or t ribes;

6. Areas frequently visited and/or h ard-hit

by natural calamities (geologic hazards,

oods, typhoons, volni

7. Areas w ith critical slopes;

8. Areas classied 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 purposesb. within the controlled and/or protected

areas declared by appropriate a uthorities

c. which support wildlife and shery

activities

11. Mangrove areas characterized by one

or any combination of 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 shing grounds;

d. which act as natural buffers against

shore erosion, strong winds and storm

oods;

e. on which people are dependent for their

livelihood.

12. Coral reefs, characterized by one or

any combinations of the following

conditions:

a. with 50% and above live coralline cover;

b. spawning and nursery grounds for sh;






c. which act as natural breakwater of

coastlines.

***So that’s the full listbut you can also havethe full text of the l aw.






RA NO. 9275: AN ACT PROVIDING FOR A

COMPREHENSIVE WATER QUALITY

MANAGEMENT AND FOR OTHER

PURPOSES

SECTION 2. Declaration of Policy . - The

State shall pursue a policy of economic

growth in a manner consistent with the

protectin

quality of our fresh, brackish and marine

waters.

***Coverage of the Act- Water quality

management in all water bodies: Provided,

That it shall primarily apply to the

abatement and control of p ollution from

land based sources . ***So basically, the

Clean Water Act covers the water quality

management in all bodies of waters. What is

the p urpose To abate o r con trol pollution from

land-based sources. Tandaan niyo huh, Land

based sources

***The water quality management area

supposedly the NWRB, the department based

on DENR in coordination with NWRB shall

designate areas that sh all designate certain

areas a s water quality management areas, this

is also in coordination with the LGUs using

appropriate physiographic units such as

watershed, river basins or water resources

regions. They would identify certain areas

within the local government unit and

designate the same as water quality

management area. Sino ang namamahala

nito? Well in the Philippines we have 60

watersheds and 9 are located in Davao: The

Lasang river, the Bunawan river, Panacan

river, Davao river, Matina (?), Talomo river,

Lipadas river, Kinawayan river and Sibulanriver . These are the 9 watersheds in Davao

city.

*** Sources of water: Groundwater and

Surface water . Actually sa Constitution

kasali ang atmospheric water (Yung ulan ba)

but it is not covered by the Clean Water Act.

***Water quality management area- ito ay

governed by a board comprising of

mayors, governors of member LGUs. So

sabihin natin that this area is between 2

adjacent LGUs, yung mga mayors and

governors diyan would compose the

management board. And representatives of

relevant national government agencies,

duly registered non-governmental

organization, water utility sector, and





Environmental Law TSN 2-Manresa 2012- &&

business sec tor. But I am not aware if merong

ganyang board here in Davao city.

*** Management of Non-attainment Area s-

The DENR also identies areas kung saan

polluted na masyado and label it as NON-

ATTAINMENT AREAS . Ano yung non-

attainment areas? Yun yung mga areas which

exceed the allowable standards or standards

allowed by the law.

Classication of Water according to

quality:

1.Meron tayong CLASS AA- Like

watersheds, pristine ang quality ng

water n ito.

2.CLASS A-For water supplies, puwede

ito maging source of water supply

for an entire community but it must

treated gaya ng DCWD. Dumadaan

yan ng treatment.

3.CLASS B- When it says Class B it

means for recreation such as

bathing, swimming, etc. Those

designated for tourism purposes.

4.CLASS C- It shall be for the

propagation of other aquatic

resources. Recreational water class

like for boating etc. and for

industrial supply.

5.CLASS D- Agriculture, irrigation.

Primarily for irrigation. Industrialwater supply and cooling para sa

cooling power for industrial

purposes (?).

2006 Classication of Water bodies in

Davao City: (Do you think the water

quality has improved?) As of 20 06 Davao

city:

a.Bunawan river- Class C

b. Davao river (Up stream)-Class A

c. Maa river(Down stream)- Class C

d. Ilang river- Class C

***So wala tayong Class A A.

SECTION 7. National Sewerage and

Septage Management Program . ***So in

Davao city wala tayong sewerage and septic

system, kami sa Maynila meron yung Manila

Waterworks and Sewerage System. Although

the DPWH under the Clean Water Act is

directed to prepare a national program on

sewerage and septic management, I don’t

know again if we have that kind of program in

Davao city, but one thing is su re we don’t have





Environmental Law TSN 2-Manresa 2012- &'

such system so how can we have a pr ogram if

we don’t

*** There’s a policy in na Lake, we

have an authority there diba? LLDA. There is

a program kung saan napupunta ito sa

national water management fund but that is

within LLDA but there is no such thing

working here in Davaocity

POLLUTERS SHALL PAY. If you pollute, you

pay. In Laguna de Bay, maraming mga

factories yung mga dumi nila dumidiretso sa

Laguna de Bay. Now if you exceed the

standards allowed by the law I mean the

effluents, they pay. Hindi ka naman puwedeng

mag-discharge ng effluents without a permit

from the LLDA but in Davao city seems that

those effluence from the factories did notpassed itong waste water management. (For

purposes of complying such permit, these

factories h ave water sewage system. When the

DENR inspects there’s water sewage system

but at R

actual practice, di ginagamit n iyan kasi it is

very expensiv pero titignan mo andyan yan.)

SECTION 12. Categories of Industry Sector .

- Within twenty-four (24) months from the

effectivity of this Act, and every two (2)

years thereafter, the Department shall,

through due public consultation, revise

and publish a list of categories of industrysector for which effl uent standards will be

provided for each signicant wastewater

parameter per industry sector.

The Department shall provide additional

classication based on other parameters

specically associated to discharge of a

particular industry which shall be

included in the listing of categories

prescribed in the preceding paragraph .

***If you are for exam ple in a manufacturing

industry, i-claclassify kayo or if you are an

agricultural industry meron kayong sariling

mga standards, the effluents or discharges

which come from your factory would be

regulated based on the standards and if you

exceed the standards you will pay or if you

violate later tignan ninyo ang mga penalties.

***Tignan ninyo-Laguna Lake Region andRegional Industrial Centres which will collect

waste industrial charges. It yung tawag nila

“POLLUTERS SHALL PAY.”

SECTION 13. Wastewater Charge System

XXXX The system shall be established on theBased on the Lectures of Att ! "amon Edison Batacan




Environmental Law TSN 2-Manresa 2012- &(

basis of payment to the government for

discharging wastewater into the water bo dies.

XXXX

***It is n ot r eally, even if you do not exce ed the

standards for as long as you discharge water

into the water body depending on the volume

of waste more so if you exceed the standards

then you have violated the law. So sasabihin

nila you are allowed to discharge then you

have the permit to discharge based on the

volume mapupunta sa fund yan, anong

purpose ng fund na yan? For rehabilitation

purposes.

***Discharge p ermits, yan! The Department

shall require owners or operators of

facil discharge regulated

effl uents pursuant to this Act to secure a

permit to di ***So if you discharged

without a

SECTION 16. Clean-Up Operations . ***Kung

may pollution na? Example, Oil Spill-The

corporation who caused it or t he owner of

such oil, a tanker for example shall be

responsible to contain, remove and clean-up

any pollution incident at h is own expense.

Emergency clean-up operations shall be

undertaken by DENR especially if the

corporation has no capability of doing so but

expenses i ncurred in said operations shall be

reimbursed by the persons found to have

caused such pollution upon proper

administrative determination in accordance

with this Act.

***How much did the Phoenix paid? When

yung kanilang tank ay nasira, I think 1.2

Billion Pesos. But that is not enough to

rehabilitate that area. T his brings back to

what happened in Guimaras. Ito yung aerial

view, eto lang yung oil na nasadsad di pa

talaga yun yung nangyari sa d agat, this would

take 20 years t o put ba ck to its original state

(Just imagine) You see the damage in the

environment.

***Lead Agency: The DENR.

***What is the role of the LGUSs? Ang

sinasabi is you share in the management and

improvement of water quality within your

territorial j urisdictions.

SECTION 24. Pollution Research and

Development Programs .

SECTION 25. Rewards . ***Bibigyan ka ng

medalya ng gobyerno if you undertake

outstanding and innovative projects,

technologies, processes and techniques or

activities in water quality management.





Environmental Law TSN 2-Manresa 2012- &)

***Several years ago, I wrote an article about

water sabi

water i

ilagay mo diyan lahat ng water only about a

teaspoon of water ang potable, ganon lang an g

ratio and if there would be a world war, it will

not be about oil but about who will control

water.

na yang water actually kahit ngayon napaka-

crucial nay an. If we will not do something

about our sources of water, dito palang

magpapatayan na yan. So fast forward ng 100

years more, you wi

people around with masks. Nakamaskara na

lahat so din a mag-matter kung pangit ka o

maganda pati yung mga make-up.

SECTION 27. Prohibited Acts .

a) Discharging, depositing or cau sing to be

deposited material of any kind directly or

indirectly into the water bodies or along

the margins of a ny surface water, where,

the same shall be liable to be washed into

such surface water, either by tide a ction or

by storm, oods or otherwise, which could

cause water pollution or impede natural

ow in the water body;

***This is a very motherhood statement that

would constitutdi

would constitute deposit, and anything that is

considered material-kasali ang HUMAN

WASTE. Yung sa Bankerohan, yung home

along the river. Dumidiretso sa river tapos

kinankain ng janitor sh tapos hinuhuli ng

tao. You know in Manila, yung isang

dinadaanan naming doon along the river, ang

daming taong nag-shing, tapos sabi ko

anong hinuhuli nila sabi ng kausap ko, janitor

sh sabi ko diba sa aqu arium lang yan. Tapos

tanong ko ulit, anong ginagawa nila diyan?

Ginagawa raw na pulutan. So kinakain nap

ala ang mga Janitor sh ngayon sabi pa nga

nila, sa mga palainum daw yan daw ang

masarap na pulutan. So any discharge, so if

you discharge you are already violating Sec.

27.Directly or i ndirectly, direst o ano ba (?)into

the water bodies or al ong the margins of any

surface w ater.

b) Discharging, injecting or allowing to

seep into the soil or su b-soil any su bstance

in any form that would pollute

groundwater. In the case of geothermal

projects, and subject to the approval of theDepartment, regulated discharge for short-

term activities (e.g. well testing, ushing,

commissioning, venting) and deep re-

injection of geothermal liquids may be

allowed: Provided, That safety measures





Environmental Law TSN 2-Manresa 2012- &*

are adopted to prevent the contamination

of the groundwater;

***Biro niyo huh,di man lang sinabing

knowingly, intentionally, walang sinasabi so

like if you own a house in a subdivision along

Dumoy, yang Dumoy ay part na ng aquifer, an

aquifer is a source of water like the ones

owned by DCWD then you have a se ptic tank

but you’r

the water from the sep tic tank lalabas then it

will

are sleeping di mo alam you are already

viol

allowing these pollutants to seep into the

ground water. Check your septic tanks huh!

Baka n akakaviolate na kayo.

c) Operating facilities that discharge

regulated water pollutants without the

valid required permits or a fter the permit

was revoked for any violation of any

condition therein;

***So here it is presumed that you really

intentionally violatedthe law when you

operate without a p ermit.

d) Disposal of potentially infectious

medical waste into sea water by vessels

unless the health or safety of individuals

on board the vessel is threatened by a

great an d imminent peril;

***Sea water was a big issue before yung sa

Subic. Kasi isa sa m ga provider s a port, yung

mga provider ito yung kumukuha sa mga

waste sa barko, nililinisan nila ang mga barko

tapos itatapon nila pero yung provider dito

pagkatapos niyag kunin yung mga basura

dinala niya sa malayong part ng dagat tapos

doon niya i-tinapon tapos nahuli siya pero

mayroong underlying story doon yung nag-

sumbong is yung competing provider. So you

know the motives.

***Tignan niyo ito huh sea water, sea water.

Kapag sinabi niyong su rface water it does n ot

only covered rivers but it al so covers oceans

within our territorial jurisdiction, sea kasama

ang sea w aters.

***Actually kung ano yung mga prohibition

dito, if you look at t he Marine Pollution Decree

halos pareho lang ng mga violation though

yung nasa MPD is more specic sa sea water.

e) Unauthorized transport or dumping into

sea waters of sewage sludge or s olid waste

as dened under Republic Act No.9003;

f) Transport, dumping or discharge of

prohibited chemicals, substances orBased on the Lectures of Att ! "amon Edison Batacan




Environmental Law TSN 2-Manresa 2012- &+

pollutants liunder Republic Act

No.6969;

g) Operate facilities that discharge or

allow to seep, willfully or through gross

negligence, prohibited chemicals,

substances or p ollutants listed under R. A.

No. 6969 into water bodies or w herein the

same shall be liable to be washed into

such surface, ground, coastal, and marine

water;

h) Undertaking activities or development

and expansion of projects, or operating

wastewater/sewerage facilities in violation

of Presidential Decree. No.1586 and its

implementing rules, and regulations;

***Ano ito? Yung EIS system.

i) Discharging regulated water pollutants

without the valid required discharge

permit pursuant to thiAct

permit was revoked for any violation of

condition therein;

j) Non-compliance of the LGU with the

Water Quality Framework and

Management Area Action Plan. In such a

case, sanctions shall be i mposed on the

local government offi cials concerned;

k) Refusal to allow entry, inspection and

monitoring by the Department in

accordance with this Act;

l) Refusal to allow access by the

Department to relevant reports and

records in accordance with this Act;

m) Refusal or failure to submit reports

whenever required by the Department in

accordance with this Act;

***klm-These w ould also c onstitute prohibitive

acts.

n) Refusal or failure t o designate pollutioncontrol offi cers whenever required by, the

Department in accordance with this Act;

and

***PCOs ang tawag so l ahat ng mga companies

ngayon are required to employ an PCO or if

that employees are connected with the rm hehas to be designated as a PCO. Alam niyo

malaking sou rce of income I would also say i f

there’s income th ere’s a lso corruption dito sa

Davao City you would ask saan napupunta

yung pera? Because there is an organization





Environmental Law TSN 2-Manresa 2012- '0

usually naka-attach sa DENR then sila yung

usually nag-conconduct ng mga seminars on

regulations about the environmental

management, pollution control, new

memoranda from DENR kagaya ng MCLE

because di ka uwedeng maging PCO if you

are not accredited by DENR so dapat ka

munang mag-seminar. I think 3 to 5 t housand

peso every 4 months and if you think

maraming PCOs so saan kaya napupunta ang

pera di nila masagot yan.

o) Directly using booster pumps in the

distribution system or tampering with the

water supply in such a way as to alter or

impair the water quality .

***Bawal yung booster kasi kawawa naman

yung kapitbahay mo kung gagamitan mo ng

booster mp ang

***Talking about c orruption, sabi nila without

any offense which is the correct statement,

half of the congressmen in the congress a re

like crocodiles or half of them are not

crocodiles. Alin ang tamang statement doon?It is l ike s aying is th e g lass of water h alf full or

half empty. I will say, not all of them are not

crocodiles kasi marami naming mga mababait.

SECTION 28. Fines, Damages and

Penalties . - Unless otherwise provided

herein, any person who commits any of

the prohibited acts provided in theimmediately preceding section or violates

any of the provision of this Act or its

implementing rules and regulations, shall

be ned 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.

***Kayang-kaya yang bayaran ng mga multi-

national companies. They would rather pay

the nes than to maintain a water sewage

facility. It w ould take millions of dollar t o put

up then to operate that facility than to pay th e

ne so it does not det er t he provision of the

violation (?).

That the Secretary, upon recommendation

of the PAB may order the closure,

suspension of development or

construction, or cessa tion of operations or,

where appropriate disconnection of water

supply, until such time that proper

environmental safeguards are put in place






and/or compliance with this Act or its

rules and regulations are undertaken.

This paragraph shall be without prejudice

to the issuance of a n ex parte order forsuch closure, suspension of development

or co nstruction, or cessa tion of operations

during the pendency of the case.

***Ano yung PAB? Pollution Adjudication

Board, it is an adjunct of DENR under the

office of the Secretary.

***There are 2 instances where the PAB can

issue the cease an d desist order. Ano yunn? 1.

When the effluents exceed the standards of

the law and 2. If there’s an imminent da nger

to persons, property or animals the PAB can

immediately issue CDO.

Failure to undertake clean-up operations,

willfully, or through gross negligence,

shall be punished by imprisonment of not

less than two (2) years and not more than

four (

thousand pesos (P50,000.00) and not morethan One hundred thousand pesos

(P100,000.00) per day for each day of

violation. Such failure or refusal which

results in serious injury or loss of life

and/or irreversible water contamination of

surface, ground, coastal and marine water

shall be punished with imprisonment of

not less than six (6) years a nd one day and

not more than twelve (12) years, and a neof Five Hundred Thousand Pesos

(P500,000.00) per day for each day during

which the omission and/or contamination

continues.

***Failure to undertake clean-up operations-

so what do es this imply? So if there’s an oilspill, you are n ot h eld criminally liable u nless

you intentionally fail to undertake clean-up

operations.

***So anong ibig sa bihin ng gross vi olation?

a) deliberate discharge of toxic pollutants

identied pursuant to Republic Act

No.6969 in toxic amounts;

b) ve {5) or more violations within a

period of two (2) years; (So it encourages

repetition) or

c) blatant disregard of the orders of the

PAB, such as the non-payment of nes,

breaking of seals or o perating despite the

existence of an order for closure,

discontinuance or cess ation of operation .






***Eto yung kanyang penalty kasi

pangmalakihan na ito . In which case,

offenders shall be punished with a ne of

not less than Five hundred thousand pesos

(P500,000.00) but not more than Three

million pesos (P3,000,000.00} per day for

each day of violation or imprisonment of

not less than six {6) years but not more

than ten {10) years, or both, at the

discretion of the court.

If the offender is a juridical person, the

president, manager and the pollution

control offi cer or the offi cial in charge of

the operation shall suffer the penalty

herein provided.

SECTION 29. Administrative Sanctions

Against Non-compliance with the Water

Quality Management Area Action Plan. -

Local government offi cials concerned

shall be subject to Administrative

sanctions incase of failure to comply with

their action plan accordance with the

relevant provisions of R.A. No. 7160.

***Who is interested in this?

SECTION 36. Effectivity. - This Act shall

take effect fteen (15) days from the date

of its publication in the Offi cial Gazette or

in at least two (2) newspapers of gen eral

circulation.






(Ang sabi ni Sir PD 976 sa kanyang lecture

pero iba ang PD 976 kasi it talks about soil

management pero kapag tinignan niyo ang

PD 979 mostly sa mga diniscuss niya aygaling sa PD 979.)

PD 979: PROVIDING FOR THE REVISION

OF PRESIDENTIAL DECREE NO. 600

GOVERNING MARINE POLLUTION

This Decree shall be known as the Marine

Pollutin Decree of 1976.

***What is t he p olicy of the st ate? To prevent

and control the pollution of seas by the

dumping of wastes and other matter which

create hazards to human health, harm

living resources and marine life, damage

amenities, or interfere w ith the legitimate

uses of the sea within the territorial

jurid of the Philippines.

***So at rs t glance, you can always see that

Marine Pollution Decree co vers sea s b ut it also

covers f resh waters l ike th e n avigable ri vers.

***Denition of terms:

a. "Discharge" includes, but is not

limited to, any spilling, leaking,

pumping, pouring, emitting,

emptying or dumping but does notinclude discharge of effl uents from

industrial or manufacturing

establishments, or m ill of any kind.

***It does n ot include discharge of effluents

from industrial or manufacturing

establishments, or mill of any kind kasicovered na ito ng Clean Water Act. Yung

mga effluents being discharged by the

factories

b."Dumping" means any deliberate

disposal at se a and into navigable

waters (***Ano yung ibig sabihin ng

navbigable waters? These includes

yung mga navigable rivers) of wastes

or other matter from vessels,

aircraft, platforms or other man-

made structures at sea, includingthe disposal of wastes or other

matter directly arising from or

related to the exploration,

exploitation and associated off-

shore processing of sea bed mineral





Environmental Law TSN 2-Manresa 2012- '&

resources unless the same is

permitted and/or regulated under

this decree: Provided, That it does

not mean a disposition of anyeffl uent from any outfall structure

to the extent that such disposition is

regulated under the provisions of

Republic Act Numbered Three

Thousand Nine Hundred Thirty-One,

nor does it mean a routine

discharge of effl uent or other matter

incidental to the propulsion of, or

derived from the normal operations

of vessels, aircraft, platforms or

other man-made structures at sea

and their equipment.

c. " Oil" means oil of any kind or in

any form including, but not limited

to, petroleum, fuel oil, (***The term

fuel oil in other co untries they refer a s

diesel oil ) sludge, oil refuse, and oil

mixed with wastes other than

dredge spoil.

d. " Navigable Waters" means the

waters of the Philippines, including

the territorial sea and inland waters

which are presently, or be in the

future susceptible for use by

watercraft.

***Territorial sea nasa labas ng

teritoryo n atin and inland waters yu ng

nasa pagitan ng mga isla kasali yan

which which are presently, or be in the

future s usceptible for u se b y watercraft-

so ginagamit na o puwedeng gamitin sa

future.

e . "Vessel" means every description

of watercraft, or other articial

contrivance used, or capable of

being used, as a means of

transportation on water.

f. "Person" includes any being,

natural or juridical, su sceptible of

rights and obligations or of being

the su bject of l egal relations.

g. "Refuse" means garbage, waste,

wood residues, sand, lime cinders

ashes, offal, nightsoil, tar, dye





Environmental Law TSN 2-Manresa 2012- ''

staffs, acids, chemicals and

substances other than sewage and

industrial wastes that may cause

pollution.

***Even though it is all embracing

except industrial waste a nd sewage it is

covered by other law.

***What ar e the prohibited acts?

a.discharge, dump or suffer, permit

the discharge of oil, noxious

gaseous and liquid substances

and other harmful substances

from or out of any ship, vessel,

barge, or any other oating

craft, or other man-made

structures at sea, by any method,

means or manner, into or upon

the territorial and inland

navigable waters of the

Philippines;

b.throw, discharge or deposit,

dump, or cause suffer or procure

to be thrown, discharged, or

deposited either from or out of

any ship, barge, or other oating

craft of vessel of a ny kind, or

from the shore (***So nagtapon ka

diyan sa shoreline, you have vi olated

the Marine Pollution Decree),

wharf, manufacturing

establishment (***Except yung

effluents), or mill of any kind, any

refuse matter of any kind or

description whatever other than

that owing from streets and

sewers and passing therefrom in

a liquid state into tributary of

any navigable water from which

the same shall oat or be

washed into such navigable

water; and

***So again it gives us the impression

that it covers a lso itong mga privitaries

(?) Saan lalabas ba yung mga

privitaries? Sa sea or sa river or any

bodies of water.

c. deposit or cause, suffer or

procure to be deposited material

of any kind in any place on the

bank of any navigable water or

on the bank of any tributary of

any navigable water, where the

same shall be liable to be w ashed





Environmental Law TSN 2-Manresa 2012- '(

into such navigable water, either

by ordinary or high tides, or by

storms or oods, or otherwise,

whereby navigation shall or maybe impeded or obstructed or

increased the level of p ollution of

such water.

***Kahit anong itapon provided that

kapag naghihigh tide nawawash-out

away sa shore so h ave violated the law.

***So what are the exceptions? Except in

cases of emergency imperilling life or

property, or unavoidable accident,

collision, or stranding or in any cases

which constitute danger to human life or

property or ***Thereis a term there, what is that? Jettison- you

can throw away things to the sea. Do you

think this would violate the law?) , aircraft,

platforms, or oman-made structure,

or if damping appears to be the only way

of averting the threat and if there is

probabilimage consequent

upon such dumping will be lees than

would otherwise occur, and except as

otherwise permitted by regulations

prescribed by the National Pollution

Control Commission or the Philippine

Coast Guard.

***Penalties for violations-Fine -200 to 10

thousand pesos. Imprisonment- by

imprisonment of not less t han thirty days n or

more than one year or both such ne and

imprisonment, for each offense, without

prejudice to the civil liability of the offender i n

accordance with existing laws. For vessels

pareho lang, in addition clearance of such

vessel from the port of the Philippines may be

withheld until the ne is paid.





Environmental Law TSN 2-Manresa 2012- ')

THREE CASES

***These a re very i mportant cases.

First, PAB vs Court of Appeals and Solar

Textile

*** This is an old case

Facts: In 1988 PAB (Pollution Adjudication

Board, a office adjunct to DENR under the

office of the Secretary) issued an ex parte Order (***Alam niyo naman yang ex

parte? FOR ITS OWN without a hearing)

directing Solar immediately to cease and

desist from utilizing its wastewater

pollution source installations which were

discharging untreated wastewater directly

into a canal leading to the adjacent

Tullahan-Tinejeros River (***I remember I

told you before t hat m ost of the factories have

waste water t

high maintenance so a ng ginawagawa nila is

for the purposes of showing it to the DENR

whenever DENR conducts an inspection,

pinapaandar nila yan para sabihing

nagcocomply sila pero kapag natapos na ang

inspection wala na.) The basis for the

issuance of the CDO were the inspections I

guess there were two inspections

conducted by DENR and accordingly the

waste water facility was not operating and

the combined wastewater generated from

its operation was about 30 gallons perminute and 80% of the wastewater was

being directly discharged into a drainage

canal leading to the Tullahan-Tinejeros

River by means of a by-pass and the

remaining 20% was channelled into the

plant's existing Wastewater Treatment

Plant (WTP). (***Biro niyo 20% lang pero sira

pa talaga)

The remaining 20% of the wastewater was

being channeled through Solar's non-

operational wastewater treatment plant.

Chemical analysis of samples of Solar's

effluents showed the presence of pollutants

on a level in excess of what was permissible

under P.D. No. 984 and its Implementing

Regulations. ***So merong standards but the

effluents or discharge coming from the factory

exceeds the standards. So PAB issued a C DO.

According to PAB under P.D. No. 984,

Section 7(a), it has legal authority to

issue ex parte orders to suspend the

operations of an establishment when there

is prima facie evidence that such





Environmental Law TSN 2-Manresa 2012- '*

establishment is discharging effluents or

wastewater, the pollut

exceeds the maximum permissible

standards set by the NPCC (now, theBoard). (***So wala na yang NPCC yan na

ngayon yang PAB) Petitioner Board contends

that the reports before it concerning the

effluent discharges of Solar into the

Tullahan-Tinejeros River provided prima

facie evidence of violation by Solar of

Section 5 of the 1982 Effluent Code. ***So

sabi ng PAB yun palang that is an eveidence

itself that t hey have violate the standards for

PAB to issue a C DO on the other hand Solar

said that under the Board's own rules and

regulations, an ex parte order may issue

only if the effluents discharged pose an

"immediate threat to life, public health,

safety or welfare, or to animal and plant

life." In the instant case, according to

Solar, the inspection reports before the

Board made no nding that Solar's

wastewater discharged posed such a

***In other words Solar says t hat PAB should

prove that there is an immediate threat to

immediate threat t o life, public health, safety

or welfare, or to animal an d plant life. But

since there is n o proof of such the PAB cannot

issue a C DO ex parte.

Ruling: Sabi ng Supreme Court under

Section 7(a) of P.D. No. 984, an ex

parte cease and desist order may be issued

by the Board (a) whenever the wastes

discharged by an establishment pose an


safety or welfare, or t o animal or pl ant l ife,"

or (b) whenever such discharges or wastes

exceed "the allowable standards set by the

[NPCC]." Sabi ng SC it is not essen tial that

the Board prove that a n "immediate threat

to life, pu blic health, safety or welfare, or

to animal or plant life" exists before an ex

parte cease an d desist order may be issued.

It is enough if the Board nds that the

wastes discharged do exceed "the allowable

standards set by the [NPCC] . ***So if you

exceed the allowable st andards set by law that

is enough basis to issue a CDO. So eto

naman, Where, however, the effluents or

discharges have not yet been the subject

matter of allowable standards set by the

Commission, then the Board may act on an

ex parte basis when it nds at least prima

facie proof that the wastewater or material

involved presents an "immediate threat to

life, p ublic health, safety or welfare or to





Environmental Law TSN 2-Manresa 2012- '+

animal or plant life." Since the applicable

standards set by the Commission existing

at any given time may well not cover every

possible or imaginable kind of effluent or waste discharge,


safety or welfare, or to animal and plant

life" remains necessary. ***So walang

standards gamitin niyo lang yung ordinary

prudence xxx then you can issue a C DO.

***So the next case, Mead vs Argel , t his is

also a very interesting case. Now if you are

found to violate an environmental law, does

the scal has t he jurisdiction to le a n action

against you?

***So yu ng kanyang kaso is for t he violation of

RA 3931(Pollution Control Law). The

information states, willfully, unlawfully and

feloniously drain or oth erwise dispose into

the highway canal and/or cause, permit,

suffer to be drained or allow to seep into

such waterway the industrial and other

waste matters discharged due to the

operation of the said Insular Oil Renery

Co. so managed and operated by them,

thereby causing pollution of such waterway

with the resulting damage and/or

destruction to the living plants in the

vicinity and providing hazard to health and

property in the same vicinity. ***Yun yung

nile ng scal kasi there’s a probable cause

for t he violation of the s aid law.

***Sabi ng SC the denition of the term

"pollution" in itself connotes that the

determination of its existence requires

specialized knowledge of technical and

scientic matters which are not ordinarily within the competence of Fiscals or of

those sitting in a court of j ustice. ***Sino

ang magsasabing pollution na yan? Sino

ang nagca-cause ng pollution, ang sabi ng

SC before maghain ng kaso there must be

rst a determination of competent

authorities or by experts that such

discharge causes pollution or resu lted into

pollution but who can say that? Sabin g SC-

It is our considered view that the

Provincial Fiscal of Rizal lacked the

authority to le the information charging

the petitioner with a violation of the

provisions of Republic Act No. 3931 there

being no prior nding (***There i s a need for

a prior nding) or determination by the

Commission that the act of the petitioner

had caused pollution in any water orBased on the Lectures of Att ! "amon Edison Batacan




Environmental Law TSN 2-Manresa 2012- (0

atmospheric air of t he Philippines. ***This

is a ---parang kasama ang decision na ito

yung such cert

kung ano yung dinidischarge, what if yung

makikita mo yung oil sludge o r oil spill, do you

still have to goN PCC or PAB? To d etermine the

existence of the pollution. Lalo ng yung oil

spill- Eh namatay na yung mga corals, yung

mga animals, yung mga kahoy like the

Guimaras o il spill. So it means t hat you can’t

le directly before the scal’s office then the

scal will le a complaint without a prior

determination that there’s pollution prior to

the ling. Mahirap itong kasong ito, what is

the effect therefore if we follow this

pronouncement of SC of ling without prior

determination of the existence of such

pollution-the case is premature it will result to

the d ismissal the ca se. Moreover, it i s n ot to

be understood, however, that a scal or

public prosecutor may not le an

information for a violation of the said law

at all. He may do so if the Commission had

made a nding or determination that the

law or any of its orders h ad been violated.

In the criminal case presently considered,

there had been no prior determination by

the Commission that the supposed acts of

the petitioner had caused pollution to any

water of the Philippines. The ling of the

information for the violation of Section 9

of the law is, therefore, premature and

unauthorized. Concommittantly, therespondent Ju dge is without jurisdiction to

take cognizance of the offense charged

therein. ***That is the pronouncement of the

SC.

***So the next case, Technology Developers

Inc. vs Court of Appeals. This is also a verynice case.

The authority of the local executive to

protect the community from pollution is

the ce nter of t his co ntroversy.

The Petitioner, a domestic privatecorporation engaged in the manufacture

and export of charcoal briquette, received a

letter dated February 16, 1989 from private

respondent acting mayor Pablo N. Cruz,

ordering to cease from operating sa

Bulacan pala ito until further notice. The

letter likewise requested Plant Manager Mr.

Armando Manese to bring with him to the

office of the mayor on February 20, 1989

the following: a) Building permit; b) Mayor's

permit; c) Region III-Pollution of






Environment and Natural Resources Anti-

Pollution Permit; and of other document .

***Kasi yung kanilang planta maraming

nagrereklamo.So isinumbong then

pinuntahan tapos na-conrm nila then they

ordered for t he cessat ion kasi ang sabi rin ng

mayor wala akong matandaang nag-issue ako

mayor’s p ermit para d iyan.

At the requested conference on February

20, 1989, petitioner, through its

representative, undertook to comply with

respondent's request for the production of

the required documents. In compliance

with said undertaking, petitioner

commenced to secure "Region III-

Department of Environmental and Natural

Resources Anti-Pollution Permit," although

among the permits previously secured prior

to the operation of petitioner's plant was a

"Temporary Permit to Operate Air Pollution

Installation" issued by the then National

Pollution Control Commission (now

Environmental Management Bureau)(***Pero nag-expire na yan) and is now at a

stage where the Environmental

Management Bureau is trying to determine

the correct k ind of anti-pollution devise to

be installed as part of petitioner's request

for the ren ewal of its permit.

Petitioner's att ention having been called to

its lack of mayor's permit, it sent its

representatives to the office of the mayor

to secure the same but were not

entertained.

***Ang nangyari sa Artica Sports dome when

the construction started, it started without

complying the EIS system then it came up

such time when a case was led against the

city mayor and other individuals. Ako kasi

yung counsel ni Mayor ang sabi ko we should

le for a CNC kasi di naman kasali ang mga

LGUs diyan eh but tinanggihan ng DENR so

nag-le kami ng case then umabot na sa SC

after many pleadings the SC nally decided

that kasali ang mga LGUs. Pero hindi na

kailangang kumuha ng ECC for the said

project kasi di n aman siya environmentally

critical p roject a t h indi siya ginawa in an

environmentally critical ar ea pero sadly hindi

siya itinuloy. xxxxxxxxxxxxx

On April 6, 1989, without previous and

reasonable notice upon petitioner,

respondent acting mayor ordered the

Municipality's station commander to






padlock the premises of petitioner's plant,

thus effectively causing the stoppage of its

operation.

Left with no recourse, petitioner instituted

an action for certiorari , prohibition,

mandamus with preliminary injunction

against private respondent with the court

a quo which is presided by the respondent

judge. In

writ of prandatory ic

it alleged therein that the closure order

was issued i

respondent judge, April 19, 1989, found

that petitioner is entitled to the issuance

of the writ of preliminary mandatory

injunction. But after re-assessing the

evidences the lower court, on June 14,

1989, issued an order (a) setting aside the

order dated April 28, 1989, which granted a

Writ of Prelinary Mandatory Injunctin

and (b) dissolving the writ consequently

issued.

A motion for reconsidera

1989 was led by petitioner. Said motion

drew an opposition dated July 19, 1989

from private respondent. But the CA

affirmed the decision of the LC.

Hence this petition, the petition is devoid

of merit because of these reasons among

others , ***So itong dalawang reason ang

pinakamabigat pero meron pa talagang iba:

1. No mayor's permit had been secured.

While it is true that the matter of

determining whether there is a pollution of

the environment that requires control if

not prohibition of the operation of a

business is essentially addressed to thethen National Pollution Control

Commission of the Ministry of Human

Settlements, now the Environmental

Management Bureau of the Department of

Environment and Natural Resources, it

must be recognized that the mayor of a

town has as m uch responsibility to protect

its inhabitants from pollution, and by

virtue of his police power, he may deny the

application for a permit to operate a

business or otherwise close the same

unless appropriate measures are taken to

control and/or avoid injury to the health of

the residents of the community from the

emissions in the operation of the business

(***So hindi mo puwedeng sabihin that mayor

you can’t do that kasi walang prior

dtermination kasi sabi ng SC the mayor of a






town has as much responsibility to protect its

inhabitants from pollution, and by virtue of

his police power, he m ay deny the application

for a p ermit to operate a business or ot herwise

close the same unless appropriate measures

are t aken to control and/or avoi d injury t o the

health of the residents o f the com munity from

the emissions in the operation of the

business)

***So if there’s pollution in your area kung

gusto niyong magreklamo you can go directly

to your mayor then isumbong niyo. Paano

kung merong Mayor’s permit? Puwede naman

yang i-d

of pollution is considered as nuisance which

can be abated judicially or ex tra-judicially.

2. The Acting Mayor, in a letter of

February 16, 1989, called the a ttention of

petit

fumes of its plant whose offensive odor

"not on ly pollute the a ir in the locality but

also affect the health of the residents in

the area," so that petitioner was ordered

to stop its operation until further orders

(3) Region III-Department of E nvironment

and Natural Resources Anti-Pollution

permit.

The petitioner takes note of the plea of

petitioner focusing on its huge investment

in this dollar-earning industry . ***Sabin g

SC we are aware of that- It must be stressed

however, that concomitant with the need

to promote investment and contribute to

the growth of the economy is the equally

essential imperative of protecting the

health, nay the very lives of the people,

from the deleterious effect o f the pollution

of the environment. ***So hindi na yung

importante ang investment kasi mas

importante ang bu hay ng m ga tao.

Documents

Environmental Law TSN