Philippine Environmental Law

Definition of Environmental Law

• Environmental law is a term for laws protecting the environment, managing resources like forests, minerals, and fisheries
• It includes environmental impact assessments
• Enforced by local, national, or international bodies, it regulates how humans interact with the environment
• Covers climate control, energy sources, and pollution

Philippine Environmental Laws

• Philippine Environmental Laws are laws, regulations, principles, policies, directives and agreements enforced by the Philippine government
• Philippine Environmental Laws encompass the constitution, statutes, local ordinances, state and local regulatory agencies regulations, and court decisions
• Laws, regulations, and decisions protecting and enhancing the environment are included, with an open-ended scope

Focus Areas of Environmental Laws

• Central subjects include pollution control, sustainable natural resource use, government organizations, and population control
• Encompasses both the physical environment and the social and economic well-being of Filipinos

Creation of Environmental Laws

• The Congress of the Republic of the Philippines and the Presidency create environmental laws
• The Department of Environment and Natural Resources (DENR) also creates laws

Top 17 Philippine Environmental Laws

• Executive Order No. 79
• Republic Act No. 9154: Mt. Kanla-on Natural Park (MKNP) Act of 2001
• Republic Act No. 9147: Wildlife Resources Conservation and Protection Act
• Republic Act No. 9072: National Caves and Cave Resources Management and Protection Act
• Executive Order No. 247
• Act No. 3572
• DENR Administrative Order No. 03
• Presidential Decree No. 825
• Presidential Decree No. 856: Code on Sanitation of the Philippines
• Presidential Decree No. 984
• Presidential Decree No. 1067: The Water Code of the Philippines
• Presidential Decree No. 1152: Philippine Environment Code
• Republic Act No. 3571
• Republic Act No. 3931
• Republic Act No. 8485
• Republic Act No. 8749: Philippine Clean Air Act of 1999
• Republic Act No. 9003: Ecological Solid Waste Management Act of 2000

Executive Order No. 79 Sections

• Section 1: Areas Closed to Mining Applications
• Section 2: Full Enforcement of Environmental Standards in Mining
• Section 3: Review of Existing Mining Operations
• Section 4: Mineral Agreements Pending New Legislation
• Section 5: Establishment of Mineral Reservations
• Section 6: Opening Mining Areas for Competitive Public Bidding
• Section 7: Disposition of Abandoned Ores
• Section 8: Value-Adding Activities and Development of Downstream Industries
• Section 9: Climate Change Adaptation and Mitigation
• Section 10: Powers and Functions of the Council
• Section 11: Measures to Improve Small-Scale Mining Activities
• Section 12: Consistency of Local Ordinances
• Section 13: One-stop Shop for Mining Applications and Procedures
• Section 14: Improving Transparency in the Industry
• Section 15: Creation of a Centralized Database
• Section 16: Integrated Map System
• Section 17: Use of the Programmatic Environmental Impact Assessment
• Section 18: Funding
• Section 19: Implementing Rules and Regulations (IRRs)
• Section 20: Separability Clause
• Section 21: Repealing Clause
• Section 22: Effectivity

Republic Act No. 9154

• Establishes Mt. Kanla-on Natural Park in Negros Occidental and Negros Oriental
• Enacted by the Senate and House of Representatives on August 11, 2011
• It consists of 10 articles and 25 sections

Articles of Act No. 9154

• Article I: Title, Policies, and Objectives
• Article II: Management, Management Plan, and Zoning
• Article III: Institutional Mechanisms, Roles, and Functions of Management
• Article IV: Ancestral Lands/Domains and Tenured Migrants
• Article V: Prohibited Acts
• Article VI: Proceeds and Fees
• Article VII: Existing Facilities
• Article VIII: Utilization of Resources
• Article X: Transitory and Miscellaneous Provisions

Republic Act No. 9147

• Conservation and protection of wildlife resources and their habitats
• Enacted by the Senate and House of Representatives on July 30, 2001
• Composed of 4 chapters, 3 articles in Chapter III, and 41 sections

Structure of Act No. 9147

• Chapter I: General Provisions
• Chapter II: Definition of Terms
• Chapter III: Conservation and Protection of Wildlife Resources
• Article 1: General Provision
• Article 2: Protection of Threatened Species
• Article 3: Registration of Threatened and Exotic Species
• Chapter IV: Illegal Acts
• Chapter V: Fines and Penalties
• Chapter VI: Miscellaneous Provisions

Republic Act No. 9072

• Manages and protects caves and cave resources
• Approved on April 8, 2001, with 15 sections

Agencies Implementing Environmental Regulations

• The DENR is responsible for the conservation, management, development, and sustainable use of the country’s environment and natural resources
• The DOST promotes local capability in science and technology for national development
• The DOH formulates health policies and programs
• The DFA promotes international relations

Executive Order No. 247 Sections

• Section 1: The policy of the State
• Section 2: Consent of Indigenous Cultural Communities
• Section 3: When Research Agreement is Necessary
• Section 4: Application for Academic Research Agreement and Commercial Research Agreement
• Section 5: Minimum terms of the Commercial Research Agreement and Academic Research Agreement
• Section 6: Composition and Functions of the Inter-Agency Committee on Biological and Genetic Resources
• Section 7: Powers and Functions of the Inter-Agency Committee
• Section 8: Monitoring Implementation of the Research Agreement
• Section 9: Appeals
• Section 10: Sanctions and Penalties
• Section 11: Existing Researches, Contracts, and Agreements
• Section 12: Official Depository
• Section 13: Funding
• Section 14: Effectivity
• Section 15: Implementing Rules and Regulations

Act No. 3572

• Prohibits cutting of tindalo, akle, or molave trees with diameter less than sixty centimeters and penalizes violations
• Enacted on November 26, 1929
• Section 1 prohibits cutting trees in public forests if they're less than sixty centimeters in diameter
• Section 2 states penalties

DENR Administrative Order No. 03

• Implements guidelines for preferential treatment to small fisher-folk relative to the 15-km municipal water
• Act is grouped into 4 sections and was issued on the 25th of April 1996 in Quezon City, Philippines

Presidential Decree No. 825

• Provides penalty for improper disposal of garbage and other forms of uncleanliness and for other purposes
• It is divided into six sections and was enacted on the 7th of November 1975

Presidential Decree No. 856

• Effort to promote and protect health by updating and codifying sanitation laws
• Enacted on December 23, 1975

Presidential Decree No. 984

• Modifies the organizational structure of the National Pollution Control Commission
• To prevent, abate, and control pollution of water, air, and land
• Enacted on the 18th of August 1976

Presidential Decree No. 1067

• Establishes a water code, consolidating laws on water resource management, conservation, and protection
• Enacted on December 31, 1976

Presidential Decree No. 1152

• Addresses the broad spectrum of the environment
• Complements the National Environment Protection Council
• Enacted on June 6, 1977

Republic Act No. 3571

• Prohibits cutting, destroying, or injuring ornamental plants along public roads, plazas, parks, and schools
• Enacted on June 21, 1963

Republic Act No. 3931

• Act creating the National water and air pollution control commission
• Enacted on June 18, 1964

Republic Act No. 8485

• Promotes animal welfare
• Enacted on February 11, 1998

Republic Act No. 8749

• Created to protect and advance the right of the people to a balanced and healthy ecology
• Enacted on July 19, 1998

Republic Act No. 9003

• Provides for ecological solid waste management programs
• Enacted on January 26, 2001

Importance of Environmental Laws in the Philippines

• These laws address environmental issues like global warming, climate change, greenhouse gas emissions, and pollution
• These laws help conserve natural resources, protect plants, animals, human health, and the environment