Environmental Crimes Part 2

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THE REPUBLIC ACT 9003: The Ecological Solid Waste Management Act of 2000

Solid Waste Management (SWM) is considered to be one of the most serious environmental issues in the Philippines. The annual waste generation was estimated at 10 million tons in 2010 and this is expected to rise by 40% in 2020. (Picture source: https://nswmc.emb.gov.ph/wp-content/uploads/2022/01/271760345_293545412807651_7365503479182854225_n0-e1643358133587.jpg)

The Republic Act (RA) 9003, otherwise known as the Ecological Solid Waste Management Act of 2000, provides the necessary policy framework, institutional mechanisms, and mandate to the local government units (LGUs) to achieve 25% waste reduction through establishing an integrated solid waste management plans based on 3Rs (reduce, reuse and recycling).

The law in its declaration of policy stipulates the following:

SECTION 2.   Declaration of Policies.

It is hereby declared the policy of the State to adopt a systematic, comprehensive, and ecological solid waste management program which shall:

  1. Ensure the protection of public health and the environment;
  2. Utilize environmentally-sound methods that maximize the utilization of valuable resources and encourage resource conservation and recovery;
  3. Set guidelines and targets for solid waste avoidance and volume reduction through source reduction and waste minimization measures, including composting, recycling, re-use, recovery, green charcoal process, and others, before collection, treatment, and disposal in appropriate and environmentally sound solid waste management facilities in accordance with ecologically sustainable development principles;
  4. Ensure the proper segregation, collection, transport, storage, treatment, and disposal of solid waste through the formulation and adoption of the best environmental practice in ecological waste management excluding incineration;
  5. Promote national research and development programs for improved solid waste management and resource conservation techniques, more effective institutional arrangement, and indigenous and improved methods of waste reduction, collection, separation, and recovery;
  6. Encourage greater private sector participation in solid waste management;
  7. Retain primary enforcement and responsibility of solid waste management with local government units while establishing a cooperative effort among the national government, other local government units, non-government organizations, and the private sector
  8. Encourage cooperation and self-regulation among waste generators through the application of market-based instruments;
  9. Institutionalize public participation in the development and implementation of national and local integrated, comprehensive and ecological waste management programs; and
  10. Strengthen the integration of ecological solid waste management and resource conservation and recovery topics into the academic curricula of formal and non-formal education in order to promote environmental awareness and action among the citizenry.

CHAPTER VI

Penal Provisions

SECTION 48. Prohibited Acts.

The following acts are prohibited:

  1. Littering, throwing, dumping of waste matters in public places, such as roads, sidewalks, canals, esteros or parks, and establishment, or causing or permitting the same;
  2. Undertaking activities or operating, collecting, or transporting equipment in violation of sanitation operation and other requirements or permits set forth in or established pursuant to this Act;
  3. The open burning of solid waste;
  4. Causing or permitting the collection of non-segregated or unsorted waste;
  5. Squatting in open dumps and landfills;
  6. Open dumping, burying of biodegradable or non-biodegradable materials in flood-prone areas;
  7. Unauthorized removal of recyclable material intended for collection by authorized persons;
  8. The mixing of source-separated recyclable material with other solid waste in any vehicle, box, container, or receptacle used in solid waste collection or disposal;
  9. Establishment or operation of open dumps as enjoined in this Act, or closure of said dumps in violation of Sec. 37;
  10. The manufacture, distribution, or use of non-environmentally acceptable packaging materials;
  11. Importation of consumer products packaged in non-environmentally acceptable materials;
  12. Importation of toxic wastes misrepresented as “recyclable” or “with recyclable content”;
  13. Transport and dumping in bulk of collected domestic, industrial, commercial and institutional wastes in areas other than centers or facilities prescribed under this Act;
  14. Site preparation, construction, expansion, or operation of waste management facilities without an Environmental Compliance Certificate required pursuant to Presidential Decree No. 1586 and this Act and not conforming with the land use plan of the LGU;
  15. The construction of any establishment within two hundred (200) meters from open dumps or controlled dumps, or sanitary landfills; and
  16. The construction or operation of landfills or any waste disposal facility on an aquifer, groundwater reservoir, or watershed area and or any portions thereof.

SECTION 49. Fines and Penalties.

  1. Any person who violates Sec. 48, paragraph (1) shall, upon conviction, be punished with a fine of not less than Three hundred pesos (P300.00) but not more than One thousand pesos (P1,000.00) or render community service for not less than one (1) day to not more than fifteen (15) days to an LGU where such prohibited acts are committed, or both;
  2. Any person who violates Sec. 48, pars. (2) and (3), shall, upon conviction, be punished with a fine of not less than Three hundred pesos (P300.00) but not more than One thousand pesos (P1,000.00) or imprisonment of not less than one (1) day to not more than fifteen (15) days, or both;
  3. Any person who violates Sec. 48, pars. (4), (5), (6), and (7) shall, upon conviction, be punished with a fine of not less than One thousand pesos (P1,000.00) but not more than Three thousand pesos (P3,000.00) or imprisonment of not less than fifteen (15) days but not more than six (6) months, or both;
  4. Any person who violates Sec. 48, pars. (8), (9), (10) and (11) for the first time shall, upon conviction, pay a fine of Five hundred thousand pesos (P500,000.00) plus an amount not less than five percent (5%) but not more than ten percent (10%) of his net annual income during the previous year. The additional penalty of imprisonment of a minimum period of one (1) year, but not to exceed three (3) years at the discretion of the court, shall be imposed for second or subsequent violations of Sec. 48, paragraphs (9) and (10).
  5. Any person who violates Sec. 48, pars. (12) and (13), shall, upon conviction, be punished with a fine of not less than Ten thousand pesos (P10,000.00) but not more than Two hundred thousand pesos (P200,000.00) or imprisonment of not less than thirty (30) days but not more than three (3) years, or both;
  6. Any person who violates Sec. 48, pars. (14), (15), and (16) shall, upon conviction, be punished with a fine, not less than One hundred thousand pesos (P100,000.00) but not more than One million pesos (P1,000,000.00), or imprisonment not less than one (1) year but not more than six (6) years, or both.

If the offense is committed by a corporation, partnership, or other juridical entity duly organized in accordance with the law, the chief executive officer, president, general manager, managing partner, or such other officer-in-charge shall be liable for the commission of the offense penalized under this Act.

If the offender is an alien, he shall, after service of the sentence prescribed above, be deported without further administrative proceedings.

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.

SECTION 50. Administrative Sanctions.

Local government officials and officials of government agencies concerned who fail to comply with and enforce rules and regulations promulgated relative to this Act shall be charged administratively in accordance with R.A. 7160 and other existing laws, rules, and regulations.

CHAPTER VII

Miscellaneous Provisions

SECTION 51. Mandatory Public Hearings.

Mandatory public hearings for the national framework and local government solid waste management plans shall be undertaken by the Commission and the respective Boards in accordance with the process to be formulated in the implementing rules and regulations.

SECTION 52. 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/bodies 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 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.

In the event that the citizen should prevail, the Court shall award reasonable attorney’s fees, moral damages and litigation costs as appropriate.

SECTION 53. Suits and Strategic Legal Action Against Public Participation (SLAPP) and the Enforcement of this Act.

Where a suit is brought against a person who filed an action as provided in Sec. 52 of this Act, or against any person, institution, or government agency that implements this Act, it shall be the duty of the investigating prosecutor or the Court, as the case may be, to immediately make a determination not exceeding thirty (30) days whether said legal action has been filed to harass, vex, exert undue pressure or stifle such legal recourses of the person complaining of or enforcing the provisions of this Act. Upon determination thereof, evidence warranting the same, the Court shall dismiss the case and award attorney’s fees and double damages.

This provision shall also apply and benefit public officers who are sued for acts committed in their official capacity, there being no grave abuse of authority done in the course of enforcing this Act.

THE REPUBLIC ACT 9275: Philippine Clean Water Act of 2004

An Act providing for comprehensive water quality management and for other purposes. This Act provides for the abatement and control of pollution from land-based sources and lays down water quality standards and regulations.
Sec. 2. Declaration of Policy.
The State shall pursue a policy of economic growth in a manner consistent with the protection, preservation, and revival of the quality of our fresh, brackish and marine waters. To achieve this end, the framework for sustainable development shall be pursued. As such, it shall be the policy of the State:
  1. To streamline processes and procedures in the prevention, control, and abatement of pollution of the country’s water resources;
  2. To promote environmental strategies, the use of appropriate economic instruments and of control mechanisms for the protection of water resources;
  3. To formulate a holistic national program of water quality management that recognizes that water quality management issues cannot be separated from concerns about water sources and ecological protection, water supply, public health, and quality of life;
  4. To formulate an integrated water quality management framework through proper delegation and effective coordination of functions and activities;
  5. To promote commercial and industrial processes and products that are environmentally friendly and energy-efficient;
  6. To encourage cooperation and self-regulation among citizens and industries through the application of incentives and market-based instruments and to promote the role of private industrial enterprises in shaping their regulatory profile within the acceptable boundaries of public health and environment;
  7. To provide for a comprehensive management program for water pollution focusing on pollution prevention;
  8. To promote public information and education and to encourage the participation of an informed and active public in water quality management and monitoring;
  9. To formulate and enforce a system of accountability for short and long-term adverse environmental impact of a project, program, or activity; and
  10. To encourage civil society and other sectors, particularly labor, the academe, and businesses undertaking environment-related activities in their efforts to organize, educate and motivate the people in addressing pertinent environmental issues and problems at the local and national levels.

Sec. 3. Coverage of the Act.

This Act shall apply to water quality management in all water bodies: Provided, That it shall primarily apply to the abatement and control of pollution from land-based sources: Provided, further, That the water quality standards and regulations and the civil liability and penal provisions under this Act shall be enforced irrespective of the source of pollution.

CHAPTER 5
CIVIL LIABILITY/PENAL PROVISIONS

Sec. 27. Prohibited Acts.

The following acts are hereby prohibited:

  1. Discharging, depositing, or causing to be deposited material of any kind directly or indirectly into the water bodies or along the margins of any surface water, where, the same shall be liable to be washed into such surface water, either by tide action or by storm, floods or otherwise, which could cause water pollution or impede natural flow in the water body;
  2. Discharging, injecting, or allowing to seep into the soil or sub-soil any substance in any form that would pollute groundwater. In the case of geothermal projects, and subject to the approval of the Department, regulated discharge for short-term activities (e.g. well testing, flushing, commissioning, venting) and deep re-injection of geothermal liquids may be allowed: Provided, That safety measures are adopted to prevent the contamination of the groundwater;
  3. Operating facilities that discharge regulated water pollutants without the valid required permits or after the permit was revoked for any violation of any condition therein;
  4. Disposal of potentially infectious medical waste into seawater by vessels unless the health or safety of individuals on board the vessel is threatened by a great and imminent peril;
  5. Unauthorized transport or dumping into sea waters of sewage sludge or solid waste as defined under the Republic Act No.9003;
  6. Transport, dumping, or discharge of prohibited chemicals, substances, or pollutants listed under Republic Act No.6969;
  7. Operate facilities that discharge or allow to seep, willfully or through gross negligence, prohibited chemicals, substances, or pollutants listed under R. A. No. 6969 into water bodies or wherein the same shall be liable to be washed into such surface, ground, coastal, and marine water;
  8. 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;
  9. Discharging regulated water pollutants without the valid required discharge permit pursuant to this Act or after the permit was revoked for any violation of condition therein;
  10. Non-compliance of the LGU with the Water Quality Framework and Management Area Action Plan. In such a case, sanctions shall be imposed on the local government officials concerned;
  11. Refusal to allow entry, inspection, and monitoring by the Department in accordance with this Act;
  12. Refusal to allow access by the Department to relevant reports and records in accordance with this Act;
  13. Refusal or failure to submit reports whenever required by the Department in accordance with this Act;
  14. Refusal or failure to designate pollution control officers whenever required by, the Department in accordance with this Act; and
  15. 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.

Sec. 28. Fines, Damages, and Penalties.

Unless otherwise provided herein, any person who commits any of the prohibited acts provided in the immediately preceding Sec. or violates any of the provisions of this Act or its implementing rules and regulations shall be fined by the Secretary, upon the recommendation of the PAB in the amount of not less than Ten thousand pesos (P10,000.00) nor more than Two hundred thousand pesos (P200,000.00) for every day of violation. The fines herein prescribed shall be increased by ten percent (10%) every two (2) years to compensate for inflation and to maintain the deterrent function of such fines: Provided, That the Secretary, upon recommendation of the PAB may order the closure, suspension of development or construction, or cessation 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 an ex parte order for such closure, suspension of development or construction, or cessation of operations during the pendency of the case.

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 (4) years and a fine, of not less than Fifty thousand pesos (P50,000.00) and not more than 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 the surface, ground, coastal and marine water shall be punished with imprisonment of not less than six (6) years and one day and not more than twelve (12) years, and a fine of Five Hundred Thousand Pesos (P500,000.00) per day for each day during which the omission and/or contamination continues.

In case of gross violation of this Act, the PAB shall issue a resolution recommending that the proper government agencies file criminal charges against the violators. Gross violation shall mean any of the following:

  1. deliberate discharge of toxic pollutants identified pursuant to Republic Act No.6969 in toxic amounts;
  2. five (5) or more violations within a period of two (2) years; or
  3. blatant disregard of the orders of the PAB, such as the non-payment of fines, breaking of seals, or operating despite the existence of an order for closure, discontinuance, or cessation of operation.

In which case, offenders shall be punished with a fine 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 an offender is a juridical person, the president, manager, and the pollution control officer, or the official in charge of the operation shall suffer the penalty herein provided.

For violations falling under Sec. 4 of Presidential Decree No. 979 or any regulations prescribed in pursuance thereof, such a person shall be liable for a fine of no1 less than Fifty thousand pesos (P50,000.00) nor more than One million pesos (P1,000,000.00) or by imprisonment of not less than one (1) year nor more than six (6) years or both, for each offense, without prejudice to the civil liability of the offender in accordance with existing laws. If the offender is a juridical entity, then its officers, directors, agents, or any person primarily responsible shall be held liable: Provided, That any vessel from which oil or other harmful substances are discharged in violation of Sec. 4 of Presidential Decree No. 979 shall be liable for the penalty of fine specified in the immediately preceding paragraph and clearance of such vessel from the port of the Philippines may be withheld until the fine is paid and such penalty shall constitute a lien on such vessel which may be recovered in proceedings by libel in rem in the proper court which the vessel may be. The owner or operator of a vessel or the facility which discharged the oil or other harmful substances will be liable to pay for any clean-up costs.

Provided, finally, That water pollution cases involving acts or omissions committed within the Laguna Lake Region shall be dealt with in accordance with the procedure under R. A. No. 4850 as amended.

Sec. 29. Administrative Sanctions Against Non-compliance with the Water Quality Management Area Action Plan.

Local government officials concerned shall be subject to administrative sanctions in case of failure to comply with their action plan in accordance with the relevant provisions of R.A. No. 7160.

CHAPTER 6
ACTIONS

Sec. 30. 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 in the proper forum against any person who violates:

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

REPUBLIC ACT 9512: Environmental Awareness and Education Act of 2002

SECTION 1. Title.

This Act shall be known as the “Environmental Awareness and Education Act of 2008”.

SEC. 2. Declaration of Policy.

Consistent with the policy of the State to protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature, and in recognition of the vital role of the youth in nation-building and the role of education to foster patriotism and nationalism, accelerate social progress, and promote total human liberation and development, the State shall promote national awareness on the role of natural resources in economic growth and the importance of environmental conservation and ecological balance towards sustained national development.

SEC. 3. Scope of Environmental Education.

The Department of Education (DepEd), the Commission on Higher Education (CHED), the Technical Education and Skills Development Authority (TESDA), the Department of Social Welfare and Development (DSWD), in coordination with the Department of Environment and Natural Resources (DENR), the Department of Science and Technology (DOST) and other relevant agencies shall integrate environmental education in their school curricula at all levels, whether public or private, including in barangay daycare, preschool, non-formal, technical vocational, professional level, indigenous learning, and out-of-school youth courses or programs.

Environmental education shall encompass environmental concepts and principles, environmental laws, the state of the international and local environment, local environmental best practices, the threats of environmental degradation and its impact on human wellbeing, the responsibility of the citizenry to the environment, and the value of conservation, protection, and rehabilitation of natural resources and the environment in the context of sustainable development. It shall cover both theoretical and practicum modules comprising activities, projects, programs including, but not limited to, tree planting; waste minimization, segregation, recycling, and composting; freshwater and marine conservation; forest management and conservation; relevant livelihood opportunities and economic benefits; and other such programs and undertakings to aid the implementation of the different environmental protection laws.

SEC. 4. Environmental Education and Activities as Part of National Service Training Program. 

The CHED and the TESDA shall include environmental education and awareness programs and activities in the National Service Training Program under Republic Act No. 9163, as part of the Civic Welfare Training Service component required for all baccalaureate degree courses and vocational courses with a curriculum of at least two (2) years.

SEC. 5. Declaration of Environmental Awareness Month.

Pursuant to the policy set forth in this Act, the month of November of every year shall be known as the “Environmental Awareness Month” throughout the Philippines.


SEC. 6. Interagency and Multi-sectoral Effort.

The DepEd. CHED. TESDA, DENR, DOST, and other relevant agencies, in consultation with experts on the environment and the academe, shall lead in the implementation of public education and awareness programs on environmental protection and conservation through a collaborative interagency and multi-sectoral effort at all levels.

The DENR shall have the primary responsibility of periodically informing all agencies concerned on current environmental updates, including identifying priority environmental education issues for national action and providing strategic advice on the environmental education activities. The DepEd, CHED, TESDA, DENR, DOST, DSWD, and barangay units shall ensure that the information is disseminated to the subject students.

The DOST is mandated to create programs that will ensure that students receive science-based quality information on environmental issues to encourage the development of environment-friendly solutions, devices, equipment, and facilities.

SEC. 7. Capacity-Building.

The DepEd, CHED, and TESDA, in coordination with the DENR and other relevant agencies, shall undertake capacity-building programs nationwide such as training, seminars, workshops on environmental education, development and production of environmental education materials, teacher-education courses, and related livelihood programs.

You are now familiar with RA 9003, RA 9275, and RA 9512 and you can be an agent of “ENVIRONMENTAL PROTECTION.

CONGRATULATIONS ON FINISHING THE COURSE!

You can download the republic acts below.

DOWNLOAD HERE: Republic Act 9003

DOWNLOAD HERE: Republic Act 9275

DOWNLOAD HERE: Republic Act  9512

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