Legislations for Environmental Law:1. CONSTITUTIONAL BASIS FOR
ENVIRONMENTAL LAW2. PD 1151 (PHILIPPINE ENVIRONMENTAL 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
ACT9. PD 979Cases: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)
TranscribedNo recordings (Please refer to the full texts of the
laws.)*** Discussion
The Constitutional basis of Environmental LawArticle II of the
1987 ConstitutionSec. 15-The State shall protect and promote the
right to 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 for the
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 all should be
natural walang artificial.Environmentalists would always say that
our present generation is the guardian of the resources for the
generations yet to come. So we have to guard, reserve and conserve
our natural resources so that the generations yet to come will have
something towards their own.Sec. 23- The State shall encourage
non-governmental, community-based, or sectoral organizations that
promote the welfare of the nation.Article X Sec. 20-Within its
territorial jurisdiction and subject to the provisions of this
Constitution and national laws, the organic act of autonomous
regions shall provide for legislative powers over:XXXXXXXXX3.
Ancestral domain and natural resources.XXXXXXXXXArticle XIISec. 2-
All lands of the public domain, waters, minerals, coal, petroleum,
and other mineral oils, all forces of potential energy, fisheries,
forests or timber, wildlife, flora and fauna, and other natural
resources are owned by the State. With the exception of
agricultural lands, all other natural resources shall not be
alienated. The exploration, development, and utilization of natural
resources shall be under the full control and supervision of the
State. The State may directly undertake such activities, or it may
enter into co-production, joint venture, or production sharing
agreements with Filipino citizens, or corporations or associations
at least sixty per centum of whose capital is owned by such
citizens. Such agreements may be for a period not exceeding
twenty-five years, renewable for not more than twenty-five years,
and under such terms and conditions as may be provided by law. In
cases of water rights for irrigation, water supply fisheries, or
industrial uses other than the development of waterpower,
beneficial use may be the measure and limit of the grant.The State
shall protect the nation's marine wealth in its archipelagic
waters, territorial sea, and exclusive economic zone, and reserve
its use and enjoyment exclusively to Filipino citizens.The Congress
may, by law, allow small-scale utilization of natural resources by
Filipino citizens, as well as cooperative fish farming, with
priority to subsistence fishermen and fish- workers in rivers,
lakes, bays, and lagoons.The President may enter into agreements
with foreign-owned corporations involving either technical or
financial assistance for large-scale exploration, development, and
utilization of minerals, petroleum, and other mineral oils
according to the general terms and 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 scientific and technical
resources.***This means that all natural resources are owned by the
State (Doctrine of Jura Regalia)Sec. 3- Lands of the public domain
are classified into agricultural, forest or timber, mineral lands
and national parks. Agricultural lands of the public domain may be
further classified 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-five years, renewable for not more
than twenty-five years, and not to exceed one thousand hectares in
area. Citizens of the Philippines may lease not more than five
hundred hectares, or acquire not more than twelve hectares thereof,
by purchase, homestead, or grant.Taking into account the
requirements of conservation, ecology, and development, and subject
to the requirements of agrarian reform, the Congress shall
determine, by law, the size of lands of the public domain which may
be acquired, developed, held, or leased and the conditions
therefor.Sec. 4-The Congress shall, as soon as possible, determine,
by law, the specific limits of forest lands and national parks,
marking clearly their boundaries on the ground. Thereafter, such
forest lands and national parks shall be conserved and may not be
increased nor diminished, except by law. The Congress shall provide
for such period as it may determine, measures to prohibit logging
in endangered forests and watershed areas.***The Congress has the
power to determine the specific limits of an inalienable land in an
alienable land vice versa. The Congress can extend it but this is
only possible if theres a law enacted by the Congress.Sec. 5-The
State, subject to the provisions of this Constitution and national
development policies and programs, shall protect the rights 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 laws governing property
rights or relations in determining the ownership and extent of
ancestral domain.Sec. 6-The 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, shall 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 XIIISec. 1-The
Congress shall give highest priority to the enactment of measures
that 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 and its increments.Sec. 2-The promotion of social justice
shall include the commitment to create economic opportunities based
on freedom of initiative and self-reliance.Sect. 4-The State shall,
by law, undertake an agrarian reform program founded on the right
of farmers and regular farmworkers who are landless, to own
directly or collectively the lands they till or, in the case of
other farmworkers, to receive a just share of the fruits thereof.
To this end, the State shall encourage and undertake the just
distribution of all agricultural lands, subject to such priorities
and reasonable retention limits as the Congress may prescribe,
taking into account ecological, developmental, or equity
considerations, and subject to the payment of just compensation. In
determining retention limits, the State shall respect the right of
small landowners. The State shall further provide incentives for
voluntary land-sharing.Sect. 5-The State shall recognize the right
of farmers, farmworkers, and landowners, as well 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 financial, production, marketing, and other
support services.Sect. 6-The State shall apply the principles of
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 or
concession suitable to agriculture, subject to prior rights,
homestead rights of small settlers, and the rights of indigenous
communities to their ancestral lands. The State may resettle
landless farmers 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 the rights of subsistence
fishermen, especially of local communities, to the preferential use
of the communal marine and fishing resources, both inland and
offshore. It shall provide support to such fishermen through
appropriate technology and research, adequate financial,
production, and marketing assistance, and other services. The State
shall also protect, develop, and conserve such resources. The
protection shall extend to offshore fishing grounds of subsistence
fishermen against foreign intrusion. Fishworkers shall receive a
just share from their labor in the utilization of marine and
fishing resources.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
choice.URBAN LAND REFORM AND HOUSINGSect. 9-The State shall, by
law, and for the 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 the rights
of small property owners.Sec.10-Urban or rural poor dwellers shall
not be evicted nor their dwelling demolished, except in accordance
with law and in a just and humane manner.No resettlement of urban
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 Law10. 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.) PD 1586 Case: Republic of the Philippines vs. The City
ofDavaoRepublic vs. Alvarez, in his capacity as Sec. ofDENRFacts:
Alvarez filed an application for a Certificate 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 application on ground that the
proposed project was within an environmentally critical area, and
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 Certificate
(ECC), before it can proceed with the construction of its
project
Believing that it was entitled to a Certificate of Non-Coverage,
respondent filed a petition for mandamus with the RTC of Davao
alleging that the proposed project was neither an environmentally
critical project nor within an environmentally critical area, thus
it was outside the scope of the EIS system.
The RTC granted the writ of mandamus and directed EMB to issue a
Certificate of Non Coverage. It ruled that there 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 significant 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 peoples right to a balanced ecology.
Pursuant to this, an LGU, like the City of Davao, cannot claim
exemption 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.
Further, it is a rule of statutory construction that every part
must be read with other parts, thus, theTC in declaring local
government units as exempt from the coverage of the EIS law, failed
to relate
Section 2 of PD 1586 to the several provision of the same
law.
Section 4 of PD 1586 clearly states that no person,partnership
or corporation shall undertake or operate any such declared
environmentally critical project or area without first securing an
Environmental Compliance Certificate issued by the President or his
duly authorized representative. Undoubtedly therefore, local
government units are not excluded from the coverage of PD 1586.
Sec. 1 stated that the policy of the State is to attain an
orderly balance between socio-economic growth and environmental
protection.
The Whereas clause stresses that such is only possible if we
adopt an integrated environmental protection program where all the
sectors of the community are involved, i.e., the government and 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 Certificate 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 significant negative
environmental impact because it is not an environmentally critical
project and it is not located in an environmentally critical area.
They submitted Certification 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 environment, was established by
Presidential Decree No. 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 of the Environmental Impact Statement
System, shall be by 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. Environmentally Critical ProjectsI. Heavy Industriesa.
Non-ferrous metal industriesb. Iron and steel millsc. Petroleum and
petro-chemical industries including oil and gasd. Smelting
plants
II. Resource Extractive Industriesa. Major mining and quarrying
projectsb. Forestry projects1. Logging2. Major Wood processing
projects3. Introduction of fauna (exoticanimals) in public/private
forests4. Forest occupancy5. Extraction of mangrove products6.
Grazingc. Fishery Projects1. Dikes for/and fishpond development
projects
III. Infrastructure Projectsa. Major damsb. Major power plants
(fossil-fueled, nuclear fueled, hydroelectric or geothermal)c.
Major reclamation projectsd. Major roads and bridges
B. Environmentally Critical Areas1. All areas declared by law as
national parks, watershed reserves, wildlife preserve and
sanctuaries;2. Areas set aside as aesthetic potential tourist
spots;3. Areas which constitute the habitat for any endangered or
threatened species of indigenous Philippine Wildlife (flora and
fauna);4. Areas of unique historic, archaeological, or scientific
interests;5. Areas which are traditionally occupied by cultural
communities or tribes;6. Areas frequently visited and/or hard-hit
by natural calamities (geologic hazards, floods, typhoons, volcanic
activity, etc.);7. Areas with critical slopes;8. Areas classified
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/orprotected areas declared byappropriate
authoritiesc. which support wildlife andfishery activities11.
Mangrove areas characterized by one or anycombination of the
following conditions:a. with primary pristine and denseyoung
growth;b. adjoining mouth of major riversystems;c. near or adjacent
to traditionalproductive fry or fishing grounds;d. which act as
natural buffersagainst shore erosion, strong winds andstorm
floods;e. on which people are dependentfor their livelihood.12.
Coral reefs, characterized by one or anycombinations of the
following conditions:a. with 50% and abovelive coralline cover;b.
spawning and nurserygrounds for fish;c. which act as natural
breakwaterof coastlines.
Environmentally Non-Critical Projects. All other projects,
undertakings and areas not declared by the President as
environmentally critical shall be considered as non-critical and
shall not be required to submit an environmental impact statement.
TheNational Environmental Protection Council, thru theMinistry of
Human Settlements may however require non-critical projects and
undertakings to provide additional environmental safeguards as it
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 clear, therefore, that the said project is not
classified as environmentally critical, or within an
environmentally critical area. Consequently, theDENR has no choice
but to issue the Certificate 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 the salient features of PD 1151.
As early as 1970s at the time of Marcos meron na tayong policy
on the environment.
Sec. 1-It is hereby the continuing policy of the
state-***Continuing-up to now the same yung policy ng state. (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 fulfill the social, economic and
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
the generations to come, tayo ang mag-proprotect we are not here to
destroy nor to exploit but to protect the environment so that is
intergenerational responsibility so like in the case of Factoran.
And (c) to insure the attainment of an environmental quality that
is conducive to a life of dignity and well-being.-***A quality that
is conducive to a life so like there is a need for a clean and
healthy environment and there is dignity in ones person 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 and fulfill
the responsibilities of each generation as trustee and guardian of
the environment for succeeding generations,-***So eto na naman yung
intergenerational responsibility. So 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 siya dahil diyan
at naging international celebrity I know that because Atty. Oposa
is my friend. (b) assure the people of a safe, decent, healthful,
productive and aesthetic environment, ***The environment is itself
aesthetic, there 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 nila.(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 historic and cultural aspects of the Philippine
heritage,***Our natural resources itself constitute our heritage
itself. So under PD 1151 it is the policy of the State to protect
the cultural aspect of the Philippine heritage, part of our
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 as non-renewable resources
i-improve mo yun or i-preserve mo pa kung ano pa yung natitira pa
sa lupa mo.Sec. 3.Right to a Healthy Environment.*** You can find
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 and 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 is the duty of each and every
one. Lahat ng citizens ng Republic of the Philippines. It is our
duty to contribute to the preservation and enhancement of our
environment.Sec. 4. Environmental Impact Statements.Pursuant to the
above enunciated policies and goals, all agencies and
instrumentalities of the national government, including
government-owned or controlled corporations, as well as private
corporations firms and entities shall prepare, file and include in
every action, project or undertaking which significantly affects
the quality of the environment a detail statement on(a) the
environmental impact of the proposed action, project or
undertaking(b) any adverse environmental effect which cannot be
avoided should the proposal be implemented;(c) alternative to the
proposed action;(d) a determination that the short-term uses of the
resources of the environment are consistent with the maintenance
and enhancement of the long-term productivity of the same; and(e)
whenever a proposal involve the use of depletable or non-renewable
resources, a finding must be made that such use and commitment are
warranted.***What are the mitigating measures to 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 under the Administrative Code, the term local government
unit has a different definition at hindi yan kasali diyan. So using
the definition (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 government started the project
without undergoing the EIS system, hindi sila kumuha ng ECC. Now
the opponents of then Mayor de Guzman filed 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 within an environmentally critical area at
hindi sila kumuha ng ECC which is required under PD 1586. Since it
was already there, pinandigan ko na, I said theres no need to
secure an ECC and to comply with PD 1586 because in the first
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
not an environmentally critical project and it was not undertaken
within an environmentally critical area.***So ang ginawa namin
kumuha kami ng Certificate 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 ang
LGUs. However, on the issue, W/N the city government or the mayor
violated the EIS law because they failed to 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
and it is not undertaken within an environmentally critical area.
So it paved the way for the issuance of CNC so there was no legal
impediment for the continuation but at that time, Ben de Guzman
lost the elections so Mayor Duterte decided not to continue the
project notwithstanding 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 matter 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 and
statements.Section 6.Repealing Clause.All Acts, Presidential
Decrees, executive orders, rules and regulations or parts thereof
which are inconsistent with the provisions of this Decree are
hereby repealed, amended or modified 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 rin natin
to.
PD 1152: PHILIPPINE ENVIRONMENTAL CODE***Medyo detalyado ito,
Ano itong Philippine Environmental Code? The establishment of
specific 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 quality as to protect public health; and***Levels of
air quality so theres a standard of minute particulates in the air.
I remember when I was in college nasa Maynila ako, may nakikita
akong billboard kung 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 that billboard in
Cubao 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
dont 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 plane, 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 na (na-ahat siya) it will
bear fruit then it will wither then it will die. So kung ganon sa
plants, ganon din sa tao bata pa pero parang matanda na. ***Ano
yung standards ng air quality?Sec. 3.Ambient Air Quality
Standards.There shall be established ambient air quality standards
which shall prescribe the 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 pollution which shall consider
among others such factors as type of industry, practicable control
technology available, location and land use, and the nature of
pollutants emitted.Sec. 5.Community Noise Standards.Appropriate
standards for community noise levels shall be established
considering, among others, location, zoning and land use
classification.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 well as their
implementing rules and 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.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
told, 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
. Probably those residents filed a complaint thats why the
construction 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 and sonic booms. I dont know if naabutan niyo
yan pero I guess naabutan niyo yung BAK 11(?) na eroplano. In the
earlier planes of Cebu Pacific, 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 pa pala tayo dito sa Pilipinas kasi mas
mataas ang ating standards. In fact, in the Philippines we have the
youngest fleet of planes sa buong mundo.Chapter IIRegulation and
EnforcementSec. 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 air pollution control facilities, and the
promulgation of appropriate rules and regulations.Existing air
quality emission and noise standards may be revised and/or modified
consistent with new development and technology.Sect. 9.Aircraft
Noise.Community noise standards around airports shall be
implemented by the Civil Aeronautics Administration in coordination
with the 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 and emission of radioactivity into the
environment incident to the establishment or possession of nuclear
energy facilities and radioactive materials, handling, transport,
production, storage, use and disposal of radioactive materials
shall be regulated by the Philippine Atomic Energy Commission in
coordination with other appropriate government agencies.Chapter
IIIMonitoringSec. 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 capabilities of these
agencies.**Monitoring, theres a need for air monitoring. So who is
supposed to monitor? The NPCC in coordination with appropriate
government agencies, shall establish to the greatest extent
practicable an air quality monitoring network but this is not
actually done. The National Environmental Protection Council shall
be furnished with the results of air quality monitoring
activities.Sec. 13.Weather Modification.The Philippine Atmospheric,
Geophysical and Astronomical Services Administration shall monitor
regularly meteorological factors affecting environmental conditions
in order to effectively guide air pollution monitoring
activities.Activities relating to weather modification 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 to foretell the coming of a typhoon so he was
removed by the president only to find out (by the president
himself) na medieval pa yung mga equipments so bumili sila nga
bago. Who can accurately predict the weather? Wala naman diba? Even
the US. So sabi nila, predicting weather is like also predicting a
mind of a woman. If you cant 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) classification of Philippine waters; ***Meron
na tayo niyan, meron na tayong map of rivers all over the
Philippines on the classification of such waters. Meron yan silang
grade. Like yung river na ito, eto ang kaniyang river 123 or 4 like
can it be used for drinking 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 all our waters in their respective areas of
responsibilities pero hindi nila ginagawa yan what they do is that
they just act if theres an incident pero on their own di talaga
nila ginagawa yan. Chapter IClassification and StandardsSec.
15.Classification 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 existing quality of the body of water at the time of
classification;(b) the size, depth, surface area covered, volume,
direction, rate of flow, gradient of stream; and(c) the most
beneficial uses of said bodies of water and lands bordering them
for residential, agricultural, commercial, industrial,
navigational, recreational, and aesthetic purposes.Sec.
16.Reclassification of Waters Based on Intended Beneficial
Use.Where the public interest so requires, the National Pollution
Control Commission, in coordination with appropriate government
agencies, shall reclassify a body of water based on the intended
beneficial use and take such steps as may be necessary to upgrade
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 meet the prescribed water quality standards.Sec. 18.Water
Quality Standards.The National Pollution Control Commission shall
prescribe quality and effluent standards consistent with the
guidelines set by the National Environmental Protection Council and
the classification of waters prescribed in the preceding sections,
taking into consideration, among others, the following:(a) the
standard of water quality or purity may vary according to
beneficial uses; and(b) the technology relating to water pollution
control.Chapter IIProtection and Improvement of Water QualitySec.
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 resulting from normal
operations of industries, water-borne sources, and other human
activities 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 its objectives 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 his 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 sufficient 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 monitoring activities as the need arises. ***Hindi naman
nila ginagawa yan.***We also have land use management.TITLE III:
LAND USE MANAGEMENTSec. 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 benefits; 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 yung brought about by 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 gagamitin natin for agriculture?
Wala! The agricultural production becomes smaller and smaller as
our need for residential lots grow. So whats 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, plants, depots and similar industrial
establishments, the regulating or enforcing agencies of the
government shall take into consideration the social, economic,
geographic and significant 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 dont have one. But we have SPOT Zoning katulad sa isa may
residential, commercial, industrial sa kabila meron na naman, spot
nga. Others would say, its pocket zoning. It is very ideal that all
industries should be placed in one location para alam mo kung saan
ka mag-iinvest at saan mo ilalagay ang factory mo the same as
residential. ***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 near HOLCIM,
right now the residents are complaining at gusto 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
CONSERVATIONSec. 25.Purposes.The purposes of this Title are:(a) to
provide the basic policy on the management and conservation of the
country's natural resources to obtain the optimum benefits
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 IFisheries and Aquatic ResourcesSec.
26.Management Policy.The National government, through the
Department of Natural Resources, shall establish a system of
rational exploitation of fisheries 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 fisheries
and other aquatic 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
fish or other aquatic resources;(d) reviewing all existing rules
and regulations on the exploitation of fisheries and aquatic
resources with a view of formulating guidelines for the systematic
and effective enforcement thereof; and(e) conserving the vanishing
species of fish 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 fish and other aquatic life.Chapter IIWildlifeSec.
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
resources.(b) reviewing all existing rules and regulations on the
exploitation of wildlife resources with a view of formulating
guidelines for the systematic and 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 IIIForestry and Soil ConservationSec. 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
exploitation of forest resources may include, but shall not be
limited to, the following:(a) regulating the marketing of
threatened forest resources;(b) reviewing all existing rules and
regulations on the exploitation of forest resources with a view of
formulating guidelines for the systematic and efficient enforcement
thereof;(c) conserving threatened species of flora 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 the recycling
methods of waste materials, and(d) carrying out a continuing effect
on reforestation; timber stand improvement; forest protection; land
classification; 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 say wala rin. Sec. 33.Management Policy on
Soil Conservation.The national government, through the Department
of Natural Resources and the Department of Agriculture, shall
likewise undertake a soil conservation program including therein
the identification and protection of critical watershed areas,
encouragement of scientific farming techniques, physical and
biological means of soil conservation, and short-term and long-term
researches and technology for effective soil conservation.Chapter
IVFlood Control and Natural CalamitiesSec. 34.Measures in Flood
Control Program.In addition to the pertinent provisions of existing
laws, the following shall be included in a soil erosion, sediment
and flood control program;(a) the control of soil erosion on the
banks of rivers, the shores of lakes, and the seashores;(b) the
control of flow and flooding in and from rivers and lakes;(c) the
conservation of water which, for purposes of this Section shall
mean forms of water, but shall not include captive water;(d) the
needs of fisheries 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 and soil conservation and the application of
knowledge thereby acquired.***You see theres flood control program.
One of the ways to prevent floods is to preserve the 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 here is yung 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.Sec. 35.Measures to
Mitigate Destructive Effects of Calamities.The national government,
through the Philippine Atmospheric, Geophysical and Astronomical
Services Administration, shall promote intensified and concerted
research efforts on weather modification, typhoon, earthquake,
tsunami, storm surge, and other tropical natural phenomena in order
to bring about any significant effect to mitigate or prevent
destructive effects. ***Typhoon Pablo- matagal siyag nakalabas in
fact bumalik pa nga siya diba eh.
Chapter VEnergy DevelopmentSection 36.Policy.Consistent with the
environmental protection policies, the national government, through
the Energy Development 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 during 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 time
we experienced a lot of brown outs at such 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 during 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 Japan or yung
nangyari sa Russia.***The trend right now is to go into to the use
of renewable energy. There is a form of compensation dito on
renewable energy, this is an international law. This so called
compensation, you use this much energy, you save this much energy
thats an equivalent into saving our environment. Sec. 37.Measures
for Energy Development.Measures for energy development program may
include, but shall not be limited to, the following:(a) setting up
of pilot plants utilizing invariant sources of energy;(b) training
of technical personnel for purposes of energy development; and(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 shall:(a) observe internationally accepted standards of
safety; and(b) provide safety devices to ensure the health and
welfare of their personnel as well as the surrounding
community.Chapter VIConservation and Utilization of Surface and
Ground WatersSec. 39.Management Policy.In addition to existing
laws, the national government through the National Water Resources
Council in coordination with other appropriate 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 yung ground water but as early as now they
are considering the possible usage 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 now; they were
able to come up with a solution to such problem. ***Theres an
article about the control of the 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 VIIMineral Resources***Theres a bill now pending in
Congress making Davao city mining-free if that would be passed,
Davao City would be the first one in the Philippines. Walang mining
sa Davao City.***Ang trending talaga is to go mining. We extract
our resources. It is just a matter of how you manage it, kung paano
mo kukunin etc. 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 efficient utilization of
mineral resources and shall encourage citizen participation in this
endeavor. ***This became effective during the time of Marcos.
During the time of Marcos, ine-encourage niya yung participation
yung mga under the social justice system, yung sinasabi nilang
backyard mining in order to support the livelihood program ng
government but the problem is that these 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 efficient utilization of
such mineral resources may include, but shall not be 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
fields;(c) regulating the exploitation of identified mineral
reserves;(d) accelerating the exploration of undiscovered mineral
deposits; and(e) encouraging the establishment of processing plants
for refined metals.TITLE V: WASTE MANAGEMENT***Waste management-it
is also a problem here in Davao City. We generate 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 highly
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 them? Zero! Why? 1. Lack of initiative from the
government to implement the laws. 2. Sa local, wala tayong
facilities. 3. Wala tayong technology- even if gusto ng mga
hospitals but they are incapable because they are busy running the
hospitals . But right now, the PAB is really looking forward that
such system would be implemented in the next five 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 coding even meron tayong color coding like black
(non-biodegradable) and green (biodegradable). 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 support from the ENB. The
ENB is supposed to take a strong lead at this waste segregration
program pero wala pa 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 wastes and
waste products; and(c) to provide measures to guide and encourage
appropriate government agencies in establishing sound, efficient,
comprehensive and effective waste management.Chapter IEnforcement
and GuidelinesSec. 43.Waste Management Programs.Preparation and
implementation of waste management program shall be required of all
provinces, cities and municipalities. The Department of Local
Government and Community Development shall promulgate guidelines
for the formulation and establishment of 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 nalang, supposedly it should
be MWF-biodegradable tapos TTH-non-biodegradable tapos hindi nila
kukunin yung basura mo sa hindi takdang araw pero ngayon wala, sa
amin once a week lang so pinag-isa nila yung bio at non-bio,
binubuhos lang nila sa truck tapos yung mga basurero sinesegregate
nila yung puwede pang-marecycle tapos binebenta nila. Every waste
management program shall include the following:(a) an orderly
system of operation consistent with the needs of the area
concerned;(b) a provision that the operation will not create
pollution of any kind or will constitute public nuisance;(c) a
system for a safe and sanitary disposal of waste;(d) a provision
that existing plans affecting the development, use and protection
of air, water or natural resources shall be considered;(e)
schedules and methods of implementing the development, construction
and operation of the plan together with the estimated costs; and(f)
a provision for the 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
government shall 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 may provide.Chapter IIMethods 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, sanitary landfill,
incinerations-actually sa Clean Air Act nawala na itong
incinerations. Yung incineration is yung sinussunog yung mga basura
tapos may chimney yan doon sa chimney ini-emit yung smoke. Nawala
ito ngayon yung incineration but the irony of it under Clean Air
Act- it bans 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 yang smoke na yan kaysa mga
smoke galing sa mga incineration plant.Sec. 45.Solid Waste
Disposal.Solid Waste dispos.al shall be by sanitary landfill,
incineration, composing, and other methods as may be approved by
competent government authority.Sec. 46.Sanitary Landfills.Local
governments, including private individuals, corporations or
organizations may operate one or more sanitary landfills. Any
entity proposing to operate a sanitary landfill shall submit to the
appropriate government agency an operational work plan showing,
among other 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 shall landfill or work locations under this Section be located
along any shore or coastline, or along the banks of rivers and
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/modification 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.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 likely to be washed 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 imminent danger to life and property,
subject to the rules and regulations of the Philippine Coast Guard
and the National Pollution Control Commission.Government agencies
and private entities which 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? The necessity of establishing and
institutionalizing of a system whereby the exigencies of
socio-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 aimed at finding the line of best fit (?) ilalagay mo yung
industry diyan pero you make sure that the impact on the
environment is mitigated. Hindi masyadong destructive sa
environment. Yan ang short na rational about PD 1586.Section 1.
Policy. It is hereby declared the policy of the State to attain and
maintain 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 noh, we should allow ourselves to grow but not to destroy the
environment or kung merong industry na nakakasira diyan, put up
some mitigating measures so the impact to the environment is
lessen, lessen to a tolerable degree, there are standards 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 yung indirect? Sabi nga if you get the
ecological footprint of a tree from the time na tinanim yan
hanggang sa time lumaki at putulin 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 butterflies ang gumagamit sa kniyang bulaklak? I-mumultiply
mo yan o bees kaya na namumugad diyan? Yung mga uod na nakatira sa
roots ng 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 sabi 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 yung social factors? Ilang tao ang nakatira diyan?
Sino ang nakatira diyan? Kapag itinayo mo yung project mo diyan
ilang tao ang madi-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 dito sa mga
social factors na ito, yung mga taong apektado, yung mga animals na
apektado.***Later on meron diyang decree na naglilista sa mga
environmentally critical areas at 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
projects required an ECC. Kahit gagawa ka lang ng maliit na
gasoline station diyan, you need to undergo the EIS system.***So
what is PD 2146? It lists down the areas which are considered to be
environmentally critical and what projects are considered to 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 Certificate, 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 his/its certificate or and/or a fine in an
amount not to exceed Fifty Thousand Pesos (P50,000.00) for every
violation thereof, at the discretion of the National Environmental
Protection Council.***So tignan niyo yung penalty, suspension or
cancellation of his/its certificate or and/or a fine in an amount
not to exceed Fifty Thousand Pesos (P50,000.00) for every violation
thereof, so do you think this would 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, firms,
entities and individuals. I have told you about the Artica Sports
dome right? So they started the 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 PD 1586 dahil nagstart sila
without undergoing 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 is not considered to be an
undertaking in an environmentally critical area and 3. The project
is not considered to an environmentally critical one. The SC struck
down the first line of defense, for the purposes 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 2nd and the 3rd defences. Kasi
ang sabi ng Mines and Geosciences Bureau, the entire Davao City is
an environmentally critical area then ang sabi naming, if thats the
case 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 Davao City is not an environmentally critical
area.Environmental Compliance Certificate (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
significant negative: environmental impact. The ECC also certifies
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 specific measures
and conditions that the project proponent has to undertake before
and during the operation of a project, and in some cases, during
the project's abandonment phase to mitigate identified
environmental impacts.
***Ibig sabihin if you have an ECC, sinasabi lang na you have
undergone the EIS system, this is the project, this is the capacity
of the project and there are certain conditions there that you have
to follow. Kapag hindi mo yun i-finollow, marerevoke ang ECC mo.
Meron din siyang mitigating measures also, you are allowed to
construct this project provided that you have put up this
mitigating measure like canal diyan, big fences, water sewage
system etc.
PD 2146
***This is a list actually containing the projects which are
considered to be as critical and the areas considered as
critical.
***We go directly to environmentally critical projects. I have
to emphasize hah, if a project is undertaken within an ECA
(environmentally critical areas) you have to undergo EIS system.
Kung project naman, irrespective of the area kahit saan mo ilagay
yan basta yung project is listed as an ECP (environmentally
critical project) it has to go the EIS system. So ECP regardless of
the area, ECA regardless of the project.
A. Environmentally Critical Projects
I. Heavy Industries
a. Non-ferrous metal industriesb. Iron and steel millsc.
Petroleum and petro-chemical industries including oil and gasd.
Smelting plants
***Yan yung categorized as heavy industries.
II. Resource Extractive Industries
a. Major mining and quarrying projects
b. Forestry projects1. Logging2. Major Wood processing
projects3. Introduction of fauna (exoticanimals) in public/private
forests4. Forest occupancy5. Extraction of mangrove products6.
Grazing
c. Fishery Projects1. Dikes for/and fishpond development
projects
III. Infrastructure Projects
a. Major damsb. Major power plants (fossil-fueled, nuclear
fueled, hydroelectric or geothermal)c. Major reclamation projectsd.
Major roads and bridges
***So if you are planning to construct a major dam kailangan ng
ECC or kung yung power plants like coal 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 sanctuaries;*** So kahit ano pa ang
ilagay mo diyan you have to undergo the EIS system.2. Areas set
aside as aesthetic potential tourist spots;3. Areas which
constitute the habitat for any endangered or threatened species of
indigenous Philippine Wildlife (flora and fauna);4. Areas of unique
historic, archaeological, or scientific interests;5. Areas which
are traditionally occupied by cultural communities or tribes;6.
Areas frequently visited and/or hard-hit by natural calamities
(geologic hazards, floods, typhoons, volcanic activity, etc.);7.
Areas with critical slopes;8. Areas classified 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
authoritiesc. which support wildlife and fishery 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 fishing grounds;d. which
act as natural buffers against shore erosion, strong winds and
storm floods;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 fish;c. which act as natural
breakwater of coastlines.
***So thats the full list but you can also have the full text of
the law.
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
protection, preservation and revival of the 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 pollution from land based sources. ***So basically,
the Clean Water Act covers the water quality management in all
bodies of waters. What is the purpose To abate or control 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 shall designate certain areas as 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 Sibulan river. 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
business sector. But I am not aware if merong ganyang board here in
Davao city.
***Management of Non-attainment Areas- The DENR also identifies
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.
Classification of Water according to quality:1. Meron tayong CLASS
AA- Like watersheds, pristine ang quality ng water nito.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. Industrial water supply and cooling para
sa cooling power for industrial purposes (?).
2006 Classification of Water bodies in Davao City: (Do you think
the water quality has improved?) As of 2006 Davao city:a. Bunawan
river- Class Cb. Davao river (Up stream)-Class Ac. Maa river(Down
stream)- Class Cd. Ilang river- Class C
***So wala tayong Class AA.
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 dont know
again if we have that kind of program in Davao city, but one thing
is sure we dont have such system so how can we have a program if we
dont have a system.
***Theres a policy in the Laguna 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, yung policy na 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 not passed itong waste water
management. (For purposes of complying such permit, these factories
have water sewage system. When the DENR inspects theres water
sewage system but at the time the DENR turns its back in actual
practice, di ginagamit niyan kasi it is very expensive to operate
and maintain one 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 industry
sector for which effluent standards will be provided for each
significant wastewater parameter per industry sector.The Department
shall provide additional classification based on other parameters
specifically 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 example 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 and Regional 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 the basis of payment to the government for
discharging wastewater into the water bodies. XXXX***It is not
really, even if you do not exceed 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 permits, yan! The Department shall require
owners or operators of facilities that discharge regulated
effluents pursuant to this Act to secure a permit to discharge.
***So if you discharged without a permit you violate the law.
SECTION 16. Clean-Up Operations. ***Kung may pollution na? Example,
Oil Spill-The corporation who caused it or the owner of such oil, a
tanker for example shall be responsible to contain, remove and
clean-up any pollution incident at his own expense. Emergency
clean-up operations shall be undertaken by DENR especially if the
corporation has no capability of doing so but expenses incurred 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. This brings back to what
happened in Guimaras. Ito yung aerial view, eto lang yung oil na
nasadsad di pa talaga yun yung nangyari sa dagat, this would take
20 years to put back 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
jurisdictions.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.
***Several years ago, I wrote an article about water sabi ko doon
if you can put all potable water into a jar of water like a gallon
of water, ilagay mo diyan lahat ng water only about a teaspoon of
water ang potable, ganon lang ang ratio and if there would be a
world war, it will not be about oil but about who will control
water. Like 100 years from now pinag-aawayan 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 will not be surprise to see
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 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;***This is
a very motherhood statement that would constitute discharge,
anything that 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 fish tapos hinuhuli ng tao. You know in Manila, yung isang
dinadaanan naming doon along the river, ang daming taong
nag-fifishing, tapos sabi ko anong hinuhuli nila sabi ng kausap ko,
janitor fish sabi ko diba sa aquarium lang yan. Tapos tanong ko
ulit, anong ginagawa nila diyan? Ginagawa raw na pulutan. So
kinakain nap ala ang mga Janitor fish 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
indirectly, direst o ano ba (?)into the water bodies or along the
margins of any surface water.b) 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;***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 septic tank but youre septic tank is not
well-constructed the water from the septic tank lalabas then it
will seep in into the ground water so while you are sleeping di mo
alam you are already violating the Clean Water Act kasi you are
allowing these pollutants to seep into the ground water. Check your
septic tanks huh! Baka nakakaviolate na kayo.c) 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;***So here it is presumed that
you really intentionally violated the law when you operate without
a permit.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 and imminent peril;***Sea
water was a big issue before yung sa Subic. Kasi isa sa mga
provider sa 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 surface water it does
not only covered rivers but it also covers oceans within our
territorial jurisdiction, sea kasama ang sea waters.***Actually
kung ano yung mga prohibition dito, if you look at the Marine
Pollution Decree halos pareho lang ng mga violation though yung
nasa MPD is more specific sa sea water.e) Unauthorized transport or
dumping into sea waters of sewage sludge or solid waste as defined
under Republic Act No.9003;f) Transport, dumping or discharge of
prohibited chemicals, substances or pollutants listed under
Republic Act No.6969;g) 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;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 this Act or after
the 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
imposed on the local government officials 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 would also
constitute prohibitive acts.n) Refusal or failure to designate
pollution control officers whenever required by, the Department in
accordance with this Act; and***PCOs ang tawag so lahat ng mga
companies ngayon are required to employ an PCO or if that employees
are connected with the firm he has to be designated as a PCO. Alam
niyo malaking source of income I would also say if theres income
theres also corruption dito sa Davao City you would ask saan
napupunta yung pera? Because there is an organization 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 puwedeng maging PCO if you are not accredited by DENR so
dapat ka munang mag-seminar. I think 3 to 5 thousand 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
pump ang linya ng tubig.***Talking about corruption, sabi nila
without any offense which is the correct statement, half of the
congressmen in the congress are like crocodiles or half of them are
not crocodiles. Alin ang tamang statement doon? It is like saying
is the glass of water half 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 the immediately preceding section or violates any of the
provision of this Act or its implementing rules and regulations,
shall be fined by the Secretary, upon the recommendation of the PAB
in the amount of not less than Ten thousand pesos (P10,000.00) nor
more than Two hundred thousand pesos (P200,000.00) for every day of
violation.***Kayang-kaya yang bayaran ng mga multi-national
companies. They would rather pay the fines than to maintain a water
sewage facility. It would take millions of dollar to put up then to
operate that facility than to pay the fine so it does not deter the
provision of the violation (?).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/o