Environmental Law part 1

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WHAT IS PRESIDENTIAL DECREE 1586

The Philippine Environmental Impact Statement System (PEISS) established through Presidential Decree 1586 in 1978 sets a systematic EIA System to ensure that the Filipino people will enjoy a “balanced and healthy ecology” in the midst of intensive economic development.

The PEISS takes its roots in the provisions of the Philippine Constitution which states that “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”. 

It requires Environmental Impact Statements (EIS – a Report on the EIA Results)  to be submitted to the National Environmental Protection Council (NEPC), now the Environmental Management Bureau (EMB) of the Department of Environment and Natural Resources (DENR) for review and evaluation.

It further stipulates that the President or his duly authorized representative issues the  Environmental Compliance Certificate (ECC) for a positive review of the Environmental Impact Assessment (EIA) Report for Environmentally Critical Projects (ECP) and projects within Environmentally Critical Areas (ECA). An Environmental Impact Assessment (EIA) is a “process that involves predicting and evaluating the likely impacts of a project (including cumulative impacts) on the environment during construction, commissioning, operation and abandonment.

Administrative Order No. 42 specifies that the DENR Secretary, as alter ego of the President, has the power to grant or deny ECCs on behalf of the President and further designates the Environmental Management Bureau (EMB) Central and Regional Directors as approving authorities for ECC applications.

WHAT DOES THE CONSTITUTION SAY ABOUT THE PROTECTION OF OUR ENVIRONMENT?

“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”.

SALIENT POINT OF PD 1586

THE POLICY

It declares as state policy to attain and maintain a rational and orderly balance between socio-economic growth and environmental protection.

The Philippine Environmental Impact Statement System (PEISS) in other words, takes its roots in the provisions of the Philippine Constitution which states that “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”. Clearly, it is the declaration of policy of PD 1586.

THE ENVIRONMENTAL IMPACT STATEMENT

All agencies and instrumentalities of the National Government, including government-owned and controlled corporations, firms, and entities undertake an Environmental Impact Assessment (EIA) for all proposed projects and undertakings which significantly affect the quality of the environment.

Declares Environmental Critical Projects and Areas, and secure Environmental Compliance Certificate (ECC) before commencing or undertaking projects.

PENALTY PROVISIONS

Fines and/or penalties for every violation of conditions stipulated in the ECC and commencing projects without ECC.

THE CATEGORIZATION OF PROJECTS:

Category A

A project or undertakings which are classified as environmentally critical projects (ECPs) under Presidential Proclamation No. 2146 (1981), Proclamation No. 803 (1996), and any other projects that may later be declared as such by the President of the Philippines.

Category B

Projects or undertakings which are not classified as ECP under Category A, but which are likewise deemed to significantly affect the quality of the environment by virtue of being located in an Environmentally Critical Area (ECA) as declared under Proclamation 2146 and according to the parameters set forth in the succeeding sections.

Category C

A Projects or undertakings not falling under Category A or B which are intended to directly enhance the quality of the environment or directly address existing environmental problems.

Category D

Projects or undertakings that are deemed unlikely to cause a significant adverse impact on the quality of the environment according to the parameters set forth in the Screening Guidelines. These projects are not covered by the Philippine Environmental Impact Statement System (PEISS) and are not required to secure an ECC.

THE EIA PROCESS IN RELATION TO ENFORCEMENT OF OTHER LAWS

The PEISS is supplementary and complementary to other existing environmental laws. As early as the project’s Feasibility Study (FS) stage, the EIA process identifies the likely issues or impacts that may be covered later by regional environmental permits and other regulatory bodies’ permitting requirements.

In addition, where there are yet no standards or where there is a lack of explicit definitions in existing laws, the EIA process fills in the gap and provides appropriate cover for environmental protection and enhancement-related actions.  For example, the planting of greenbelts is not a requirement under any environmental law but is included in the ECC as a contractual obligation and commitment of the project proponent to the DENR.

The Environmental Management Bureau (EMB) of the DENR is the lead agency tasked to coordinate the implementation of the EIA system in the country and recommends the issuance of ECC for environmentally critical projects. Two Types of Documents may be required in the EIA Process:

[1] Project Description (PD).

a brief description of the proposed undertaking and the required resources. This is required if the project is non-critical but is to be located in an environmentally critical area.

[2] Environmental Impact Statement (EIS)

Its a detailed and in-depth analysis of the environmental consequence of a particular project.

RA 6969 (Toxic Substances and Hazardous and Nuclear Waste Control Act)

Management of industrial chemicals and hazardous wastes in all aspects of its life cycle, “cradle to grave”- importation, distribution, use, manufacture of chemical substances and generation, transportation, treatment, storage, and disposal of Hazardous Waste.

It is the DENR policy to regulate, restrict or prohibit the importation, manufacture, processing, sale, distribution, use, and disposal of chemical substances and mixtures that present unreasonable risk and/or injury to health, safety, and security, and the environment.

The Philippines regulate chemicals to protect health, safety, security, and the environment. They are essential materials, ingredients, and components in the following:

  1. Agriculture
  2. Food & Medicine
  3. Industries
  4. Households
  5. Laboratories

 

The Objectives of this Act as stipulated in Section 4 are:

  1. To keep an inventory of chemicals that are presently being imported, manufactured, or used; indicating, among others, their existing and possible uses, test data, names of firms manufacturing or using them, and such other information as may be considered relevant to the protection of health and the environment;
  2. To monitor and regulate the importation, manufacture, processing, handling, storage, transportation, sale, distribution, use, and disposal of chemical substances and mixtures that present an unreasonable risk of injury to health or to the environment in accordance with national policies and international commitments;
  3. To inform and educate the populace regarding the hazards and risks attendant to the manufacture, handling, storage, transportation, processing, distribution, use, and disposal of toxic chemicals and other substances and mixtures; and
  4. To prevent the entry, even in transit, as well as the keeping or storage and

Section 5 of the law also in its definition of terms defined the following hazardous elements (f-h):

[f] Hazardous substances are substances that present either:

  1. Short-term acute hazards such as acute toxicity by ingestion, inhalation, or skin absorption, corrosivity or other skin or eye contact hazard or the risk of fire or explosion; or
  2. Long-term environmental hazards, including chronic toxicity upon repeated exposure, carcinogenicity (which may in some cases result from acute exposure but with a long latent period, resistance to detoxification processes such as biodegradation, and the potential to pollute underground or surface waters, or aesthetically objectionable properties such as offensive odors.

[g] Hazardous wastes are hereby defined as substances that are without any safe commercial, industrial, agricultural or economic usage and are shipped, transported, or brought from the country of origin for dumping or disposal into or in transit through any part of the territory of the Philippines.

Hazardous wastes shall also refer to by-products, side-products, process residues, spent reaction media, contaminated plant or equipment, or other substances from manufacturing operations, and as consumer discards of manufactured products.

[h] Nuclear wastes are hazardous wastes made radioactive by exposure to the radiation incidental to the production or utilization of nuclear fuels but do not include nuclear fuel, or radioisotopes which have reached the final stage of fabrication so as to be usable for any scientific, medical, agricultural, commercial, or industrial purpose.

Section 13. Prohibited Acts. – The following acts and omissions shall be considered unlawful:

  1. Knowingly use in chemical substance or mixture which is imported, manufactured, processed, or distributed in violation of this Act or implementing rules and regulations or orders;
  2. Failure or refusal to submit reports, notices, or on the information, access to records as required by this Act, or permit inspection of establishment where chemicals are manufactured, processed, stored, or otherwise held;
  3. Failure or refusal to comply with the pre-manufacture and pre-importation requirements; and
  4. Cause, aid or facilitate, directly or indirectly, in the storage, importation, or bringing into Philippine territory, including its maritime economic zones, even in transit, either by means of land, air, or sea transportation or otherwise keeping in storage any amount of hazardous and nuclear wastes in any part of the Philippines.

Section 14. Criminal Offenses and Penalties. –

  1. (i) The penalty of imprisonment of six (6) months and one day to six (6) years and one day and a fine ranging from Six hundred pesos (Php600.00) to Four thousand pesos (PhP4,000.00) shall be imposed upon any person who shall violate section 13(a) to (c) of this Act and shall not be covered by the Probation Law. If the offender is a foreigner, he or she shall be deported and barred from any subsequent entry into the Philippines after serving his or her sentence;
    (ii) In case any violation of this Act is committed by a partnership, corporation, association, or any juridical person, the partner, president, director, or manager who shall consent to or shall knowingly tolerate such violation shall be directly liable and responsible for the actions of the employees and shall be criminally liable as a co-principal;
    (iii) In case the offender is a government official or employee, he or she shall, in addition to the above penalties, be deemed automatically dismissed from office and permanently disqualified from holding any elective or appointive position.
  2. (i) The penalty of imprisonment of twelve (12) years and one day to twenty (20) years, shall be imposed upon any person who shall violate section 13 (d) of this Act. If the offender is a foreigner, he or she shall be deported and barred from any subsequent entry into the Philippines after serving his or her sentence;
    (ii) In the case of corporations or other associations, the above penalty shall be imposed upon the managing partner, president, or chief executive in addition to exemplary damage of at least Five hundred thousand pesos (PhP500,000.00). If it is a foreign firm, the director and all officers of such foreign firm shall be barred from entry into the Philippines, in addition to the cancellation of its license to do business in the Philippines;
    (iii) In case the offender is a government official or employee, he or she shall in addition to the above penalties be deemed automatically dismissed from office and permanently be disqualified from holding any elective or appointive position.
  3. Every penalty imposed for the unlawful importation, entry, transport, manufacture, processing, sale, or distribution of chemical substances or mixtures into or within the Philippines shall carry with it the confiscation and forfeiture in favor of the Government of the proceeds of the unlawful act and instruments, tools or other improvements including vehicles, sea vessels, and aircraft used in or with which the offense was committed. Chemical substances so confiscated and forfeited by the Government at its option shall be turned over to the Department of Environment and Natural Resources for safekeeping and proper disposal.
  4. The person or firm responsible or connected with the bringing or importation into the country of hazardous or nuclear wastes shall be under obligation to transport or send back said prohibited wastes; Any and all means of transportation, including all facilities and appurtenances that may have been used in transporting to or in the storage in the Philippines of any a significant amount of hazardous or nuclear wastes, shall at the option of the government be forfeited in its favor.

Section 15. Administrative Fines.

In all cases of violations of this Act, including violations of implementing rules and regulations which have been duly promulgated and published in accordance with Section 16 of this Act, the Secretary of Environment and Natural Resources is hereby authorized to impose a fine of not less than Ten thousand pesos (Php10,000.00), but not more than Fifty thousand pesos (PhP50,000.00) upon any person or entity found guilty thereof.

The administrative fines imposed and collected by the Department of Environment and Natural Resources shall accrue to a special fund to be administered by the Department exclusively for projects and research activities relative to toxic substances and mixtures.

THE REPUBLIC ACT 8749: The Philippine Clean Air Act

Salient Features of the Philippine Clean Air Act

The State shall pursue a policy of balancing development and environmental protection. To achieve this end, the framework for sustainable development shall be pursued. As such, it shall be the policy of the State to:

Formulate a holistic national program of air pollution that shall be implemented by the government through proper delegation and effective coordination of function and activities; Encourage cooperation and self-regulation among citizens and industries through the application of incentives market-based instruments; Focus primarily on pollution prevention rather than on control and provide for a comprehensive management program on air pollution; Promote public information and education to encourage the participation of an informed and active public in air quality planning and monitoring; and Formulate and enforce a system of accountability for short and long term adverse environmental impact of a project, program or activity. This shall include the setting up of a funding or guarantee mechanism for clean-up and environmental rehabilitation and compensation for personal damages. Picture Source: https://air.emb.gov.ph/wp-content/uploads/2020/09/Household-2-1024×745.jpg)

It mandates the various government agencies to do the following in support of the Act:

  • Department of Environment and Natural Resources (DENR) – act as overall of the lead agency; prepare a National Air Quality Status Report which shall be used as a basis in formulating the Integrated Air Quality Improvement Framework; issue rules and regulations in the implementation of the Act.
  • Department of Transportation and Communication (DOTC) – in coordination with the DENR in case of industrial dischargers and the DOTC, in case of motor vehicles, shall, based on environmental techniques, design, impose on, and collect regular emission fees from all said dischargers as part of the emission permitting system or vehicle registration renewal system, as the case may be; implement the emission standards for motor vehicles
  • Department of Science and Technology ( DOST) – with the DENR, other agencies, the private sector, the academe, non-government organizations, and people’s organization, shall establish a National Research Development Program for the prevention and control of air pollution.
  • Department of Trade and Industry (DTI), DOST Local Government Units (LGUs) – together with the DENR shall develop an action plan for the control and management of air pollution from motor vehicles with the Integrated Air Quality Management Framework.
  • DOTC, DTI, and DENR – shall establish the procedures for the inspection of motor vehicles and the testing of their emissions for the purpose of determining the concentration and/or rate of emission of pollutants discharged by the said sources.
  • Department of Energy (DOE) co-chaired with the DENR, in consultation with the Bureau of Product Standards of DTI, DOST with the fuel and automotive industries, academe, and the consumers – shall set specifications for all types of fuel and fuel-related products, to improve fuel composition for increased efficiency and reduced emissions.
  • Philippine Atmospheric, Geophysical and Astronomical Service Administration (PAGASA) – shall regularly monitor meteorological factors affecting environmental conditions including ozone depletion and greenhouse gases.
  • Philippine Nuclear Research Institute (PNRI) – with the DENR shall regulate all projects which will involve the use of atomic and/or nuclear energy and will entail the release of radioactive substances into the environment, incidents to the establishment or possession of nuclear energy facilities and radioactive materials, handling, transport, production, storage and use of radioactive materials.
  • Department of Education (DepEd), Commission on Higher Education (CHED), Department of Interior and Local Governments (DILG), and the Philippine Information Agency ( PIA) – shall encourage the participation of government agencies and the private sector including NGOs, POs, academe, environmental groups and other private entities in a multi-sectoral campaign.

IMPORTANT PROVISIONS OF RA 8749

Section 40. Administrative Action.

Without prejudice to the right of any affected person to file an administrative action, the Department shall, on its own instance or upon verified complaint by any person, institute administrative proceedings against any person who violates:

  1. Standards or limitations provided under this Act; or
  2. Any order, rule, or regulation issued by the Department with respect to such standard or limitation.

Section 41. Citizen Suits.

For purposes of enforcing the provisions of this Act or its implementing rules and regulations, any citizen may file an appropriate civil, criminal, or administrative action in the proper courts against:

  1. Any person who violates or fails to comply with the provisions of this Act or its implementing rules and regulations; or
  2. The Department or other implementing agencies with respect to orders, rules, and regulations issued inconsistent with this Act, and/or
  3. Any public officer who willfully or grossly neglects the performance of an act specifically enjoined as a duty by this Act or its implementing rules and regulations; or abuses his authority in the performance of his duty; or, in any manner, improperly performs his duties under this Act or its implementing rules and regulations: Provided, however, That no suit can be filed until after thirty-day (30) notice has been given to the public officer and the alleged violator concerned and no appropriate action has been taken thereon.

The court shall exempt such action from the payment of filing fees, except fees for actions not capable of pecuniary estimations, and shall, likewise, upon prima facie showing of the non-enforcement or violation complained of, exempt the plaintiff from the filing of an
injunction bond for the issuance of a preliminary injunction.

Within thirty (30) days, the court shall make a determination if the complaint herein is malicious and/or baseless and shall accordingly dismiss the action and award attorney’s fees and damages.

Chapter 6
Fines And Penalties

Section 45. Violation of Standards for Stationary Sources. 

For actual exceedance of any pollution or air quality standards under this Act or its rules and regulations, the Department, through the Pollution Adjudication Board (PAB), shall impose a fine of not more than One hundred thousand pesos (Php100,000.00) for every day of violation against the owner or operator of a stationary source until such time that the standards have been complied with.

For purposes of the application of the fines, the PAB shall prepare a fine rating system to adjust the maximum fine based on the violator’s ability to pay, degree of willfulness, degree of negligence, history of noncompliance, and degree of recalcitrance:

Provided, That in case of negligence, the first time offender’s ability to pay may likewise be considered by the Pollution Adjudication Board: Provided, further, That in the absence of any extenuating or aggravating circumstances, the amount of fine for negligence shall be equivalent to one-half of the fine for a willful violation.

The fines herein prescribed shall be increased by at least ten percent (10%) every three (3) years to compensate for inflation and to maintain the deterrent function of such fines.

In addition to the fines, the PAB shall order the closure, suspension of development, construction, or operations of the stationary sources until such time that proper environmental safeguards are put in place: Provided, That an establishment found liable for a third offense shall suffer permanent closure immediately. This paragraph shall be without prejudice to the immediate issuance of an ex parte order for such closure, suspension of development or construction, or cessation of operations during the pendency of the case upon prima facie evidence that there is an imminent threat to life, public health, safety or general welfare, or to plant or animal life, or whenever there is an exceedance of the emission standards set by the Department and/or the Board and/or the appropriate LGU.

Section 46. Violation of Standards for Motor Vehicles.

No motor vehicle shall be registered with the DOTC unless it meets the emission standards set by the Department as provided in Section 21 hereof.

Any vehicle suspected of violation of emission standards through visual signs, such as, but not limited to smoke-belching, shall be subjected to an emission test by a duly authorized testing center for this purpose, the DOTC or its authorized testing center shall establish a roadside inspection system. Should it be shown that there was no violation of emission standards, the vehicle shall be immediately released. Otherwise, a testing result indicating an exceedance of the emission standards would warrant the continuing custody of the impounded vehicle unless the appropriate penalties are fully paid, and the license plate is surrendered to the DOTC pending the fulfillment of the undertaking by the owner/operator of the motor vehicle to make the necessary repairs so as to comply with the standards.

A pass shall herein be issued by the DOTC to authorize the use of the motor vehicle within a specified period that shall not exceed seven (7) days for the sole purpose of making the necessary repairs on the said vehicle. The owner/operator of the vehicle shall be required to correct its defects and show proof of compliance to the appropriate pollution control office before the vehicle can be allowed to be driven on any public or subdivision roads.

In addition, the driver and operator of the apprehended vehicle shall undergo a seminar on pollution control and management conducted by the DOTC and shall also suffer the following penalties:

  1. First offense – a fine not to exceed Two thousand pesos (Php2,000.00);
  2. Second offense – a fine not less than Two thousand pesos (Php2,000.0) and not to exceed Four thousand pesos (Php4,000.00); and
  3. Third offense – one (1) year suspension of the Motor Vehicle Registration (MVR) and a fine of not less than Four thousand pesos (Php4,000.00) and not more than Six thousand pesos (Php6,000.00).

Any violation of the provisions of Section 21 paragraph (d) with regard to the national inspection and maintenance program, including technicians and facility compliance shall be penalized with a fine of not less than Thirty thousand pesos (Php30,000.00) or cancellation of the license of both the technician and the center, or both, as determined by the DTI.

All law enforcement officials and deputized agents accredited to conduct vehicle emissions testing and apprehensions shall undergo mandatory training on emission standards and regulations. For this purpose, the Department, together with the DOTC, DTI, DOST, Philippine National Police (PNP), and other concerned agencies and private entities shall design a training program.

Section 47. Fines and Penalties for Violations of Other Provisions in the Act.

For violations of all other provisions provided in this Act and of the rules and regulations thereof, a fine of not less than Ten thousand pesos (Php10,000.00) but not more than One hundred thousand pesos (Php100,000.00) or six (6) months to six (6) years imprisonment or both shall be imposed. If the offender is a juridical person, the president, manager, directors, trustees, the pollution control officer, or the officials directly in charge of the operations shall suffer the penalty herein provided.

Be able to remember your takeaways here. For your reading, download the corresponding law below:

DOWNLOAD HERE: Presidential Decree 1586

DOWNLOAD HERE: Republic Act 6969

DOWNLOAD HERE: Republic Act 8749

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