FINAL EXAM COVERAGE – Environmental and Natural

Resources Law 5.0 DECISION MAKING

3.0 EIA STUDY AND REPORT PREPARATION Decision Making involves evaluation of EIA
1) Environmental Impact Statement (EIS) The EIA Study involves a description of the recommendations and the draft decision
proposed project and its alternatives, document, resulting in the issuance of an ECC,
Figure 1-3. Overview of Stages of the Philippine EIA characterization of the project environment, CNC or Denial Letter. When approved, a
Process impact identification and prediction, covered project is issued its certificate of
evaluation of impact significance, impact Environmental Compliance Commitment (ECC)
1.0 SCREENING mitigation, formulation of Environmental while an application of a non-covered project is
Screening determines if a project is covered or Management and Monitoring Plan, with issued a Certificate of Non-Coverage (CNC).
not covered by the PEISS. If a project is corresponding cost estimates and institutional Endorsing and deciding authorities are
covered, screening further determines what support commitment. The study results are designated by AO 42, and further detailed in
document type the project should prepare to presented in an EIA Report for which an outline this Manual for every report type. Moreover,
secure the needed approval, and what the rest is prescribed by EMB for every major document the Proponent signs a sworn statement of full
of the requirements are in terms of EMB office type. responsibility on implementation of
of application, endorsing and decision commitments prior to the release of the ECC.
authorities, duration of processing. 4.0 EIA REPORT REVIEW AND EVALUATION The ECC in turn is transmitted to concerned
Review of EIA Reports normally entails an EMB LGUs and other GAs for integration into their
2.0 SCOPING procedural screening for compliance to decision-making process.
Scoping is a Proponent-driven multi-sectoral minimum requirements specified during
formal process of determining the focused Scoping, followed by a substantive review of The regulated part of EIA Review is limited to
Terms of Reference of the EIA Study. Scoping either composed third-party experts the processes within EMB control. The
identifies the most significant issues/impacts of commissioned by EMB as the EIA Review timeframe between the submission of decision
a proposed project and, then, delimits the set Committee for PEIS/EIS-based applications, or documents provided for in AO 42 and DAO
of baseline information to those necessary to DENR/EMB internal specialists, the Technical 2003-30 is applicable only from the time the
evaluate and mitigate the impacts. The need Committee, for IEE-based applications. EMB EIA Report is accepted for substantive review
for and scope of an Environmental Risk evaluates the EIARC recommendations and the to the time a decision is issued on the
Assessment (ERA) is also done during the public’s inputs during public application.
scoping session. Scoping is done with the local consultations/hearings in the process of
community through Public Scoping and with a recommending a decision on the application. 6.0 MONITORING, VALIDATION, AND
third party EIA Review Committee (EIARC) The EIARC Chair signs EIARC recommendations EVALUATION/AUDIT
through Technical Scoping, both with the including issues outside the mandate of the Monitoring, Validation and Evaluation/Audit
participation of the DENR-EMB. The process EMB. The entire EIA review and evaluation stage assesses performance of the Proponent
results in a signed Formal Scoping Checklist by process is summarized in the Review Process against the ECC and its commitments in their
the review team, with final approval by the Report (RPR) of the EMB, which includes a draft Environmental Management and Monitoring
EMB Chief. decision document.
 Plans to ensure actual impacts of the project Projects or undertakings that are deemed unlikely to • Encourage the widest exploitation of the
are adequately prevented or mitigated. cause significant adverse impact on the quality of the environment without degrading it or
environment according to the parameters set forth in endangering human life, health, and safety, or
1.1.1. Category A the Screening Guidelines. These projects are not creating conditions adverse to agriculture,
covered by the Philippine EIS system and are not commerce, and industry;
Projects or undertakings which are classified as required to secure an ECC. However, such non- • Preserve important historic and cultural
Environmentally Critical Projects (ECPs) under coverage shall not be construed as an exemption aspects of the Philippine heritage;
Presidential Proclamation No. 2146 (1981), from compliance with other environmental laws and • Attain a rational and orderly balance between
Proclamation No. 803 (1996), and any other projects government permitting requirements. population and resource use; and
that may later be declared as such by the President of • Improve the utilization of renewable and non-
the Philippines. Proponents of these projects Guide Questions and Answers – 40% renewable resources.
implemented from 1982 onwards are required to (Source: P.D. 1151 – Sec. 2)
secure an Environmental Compliance Certificate 1) What is the EIS System? Additionally, it aims to reconcile the exigencies of
(ECC). The Environmental Impact Statement (EIS) System is a socio-economic undertakings with the requirements
process that requires all agencies and of environmental quality.
1.1.2. Category B instrumentalities of the National Government, (Source: Whereas Clause, P.D. 1586)
including government-owned and controlled
Projects or undertakings which are not classified as corporations, firms, and entities, to undertake an 3) What is an Environmentally Critical Area (ECA)?
ECP under Category A, but which are likewise Environmental Impact Assessment (EIA) for all An Environmentally Critical Area is a sensitive area
deemed to significantly affect the quality of the proposed projects and undertakings which may wherein significant environmental impacts are
environment by virtue of being located in an significantly affect the quality of the environment. expected if certain types of proposed projects or
Environmentally Critical Area (ECA) as declared It mandates that proponents of Environmentally programs are located, developed, or implemented
under Proclamation No. 2146 and according to the Critical Projects (ECPs) or those located in within it.
parameters set forth in the attached guidelines. Environmentally Critical Areas (ECAs) must secure an
Proponents of these projects implemented from 1982 Environmental Compliance Certificate (ECC) before 4) What are the activities covered by the EIS
onwards are likewise required to secure an ECC. commencing the project. For projects that are neither System?
ECPs nor located in ECAs, a Certificate of Non- • Category A: Environmental Critical Projects
1.1.3. Category Coverage (CNC) must be secured. (ECPs) likely to cause significant
environmental impact.
Projects or undertakings not falling under Category A 2) What is the objective of the EIS System? • Category B: Projects located in ECAs.
or B which are intended to directly enhance the • Recognize, discharge, and fulfill the • Category C: Projects intended to directly
quality of the environment or directly address existing responsibilities of each generation as trustee enhance environmental quality or address
environmental problems. and guardian of the environment for existing environmental problems.
succeeding generations; • Category D: Projects deemed unlikely to cause
1.1.4. Category D • Assure the people of a safe, decent, healthful, significant adverse environmental impact.
productive, and aesthetic environment;
5) What is a Certificate of Non-Coverage (CNC) 13) Does the EIS System include Monitoring?
A CNC is a certification issued by the DENR/EMB 8) What are the stages of the Environmental Impact Yes. Monitoring is part of the EIS process to ensure
stating that the project is not covered by the EIS Assessment Process? compliance with environmental commitments.
System and is not required to secure an ECC. Refer to Figure 1.3 (Stages include: Screening, 14) Is the EIS System applicable to assessing a
Scoping, EIA Study and Report Preparation, EIA backyard piggery?
6) What is an Environmental Compliance Certificate Report Review and Evaluation, Decision Making, Answer and explanation will vary. Generally, small-
(ECC)? Monitoring/Validation/Evaluation-Audit) scale backyard piggeries may fall under Category D if
An ECC is a document or decision issued by the deemed to have insignificant environmental impact.
DENR/EMB after a positive review of an ECC 9) Differentiate a Public Hearing from a Public However, the proponent should still consult the EMB
application. It certifies that the proponent has Consultation. to determine actual coverage and ensure compliance
complied with all the requirements of the EIS System • Public Hearing involves the participation of with local ordinances and other regulatory
and has committed to implement its approved the DENR/EMB. requirements.
Environmental Management Plan (EMP) to address • Public Consultation is conducted without
the project’s environmental impacts. DENR/EMB and can take place before the
creation of the Environmental Management 2) Rules of Procedure for Environmental Cases – 60%
7) What are the requirements for securing an ECC Plan. Key Environmental Laws
and a CNC?
Basic Requirements for ECC: 10) What is a Decision Document? General Provisions
• Project Description & Components A Decision Document is the ECC, CNC, or Denial Rules of Procedure for Environmental Cases
• Environmental Impact & Management Plan Letter issued by the EMB Central Office Director. These rules are officially titled "The Rules of Procedure
• Abandonment Plan for Environmental Cases" and apply to various civil,
• Geotagged Photos 11) If there is a denial letter on the application, what criminal, and special civil actions involving violations of
• Topographic Map is the remedy for the applicant? environmental laws across different courts in the
• LGU Certification on Land Use Compatibility The applicant may file an appeal to the DENR Philippines.
• Site Development Plan / Vicinity Map & Secretary.
Project or Plant Layout Definitions
• Organizational Chart 12) What is the Environmental Guarantee Fund The Rules provide definitions for key terms,
• Proof of Authority Over Site (EGF)? including:
• Accountability Statement & Bank Receipt The EGF is a fund established by project proponents • By-products or derivatives
• Affidavit of No Complaint to address potential environmental damage and • Consent decree
related impacts. It serves as a readily accessible and • Continuing mandamus
Basic Requirements for CNC: disbursable fund for immediate clean-up, • Environmental Protection Order (EPO)
• Project or Plan Layout signed by registered rehabilitation, and compensation related to project • Precautionary principle
professionals activities. • Strategic Lawsuit Against Public Participation
• Bank Receipt (SLAPP)
• Government-issued ID
Objectives • The Environmental Impact Assessment (EIA) balanced and healthful ecology in accordance
The objectives of the Rules are: System; with the Philippine Constitution.
• To protect the constitutional right to a • The Ecological Solid Waste Management Act. 2. Provide Simple and Fast Procedure
balanced and healthful ecology; The Rules provide a simplified and expedited
• To provide simplified, speedy, and inexpensive 4. Wildlife Laws legal process for addressing environmental
procedures in environmental cases; These govern the conservation and protection of issues. This includes limiting the types of
• To introduce best practices in environmental wildlife. Key laws include: pleadings allowed and fast-tracking court
litigation; and • The Wildlife Resources Conservation and proceedings to ensure timely enforcement of
• To enable courts to monitor compliance with Protection Act; environmental remedies.
judgments, orders, and other environmental • The National Integrated Protected Areas 3. Enable Courts to Monitor Compliance
laws. System (NIPAS) Act. The Rules empower courts to effectively
These General Provisions establish the overall monitor and ensure compliance with
framework and guiding principles for the Rules of 5. Mining Laws environmental orders and judgments. Courts
Procedure for Environmental Cases in the Philippines. These regulate the exploration, development, and are granted authority to:
utilization of mineral resources. Key laws include: o Issue Writs of Continuing Mandamus
Scope of Environmental Laws • The Philippine Mining Act; o Appoint commissioners to monitor
1. Forestry Laws • The People’s Small-Scale Mining Act. compliance
These govern the conservation, development, and o Evaluate compliance reports submitted
utilization of forest resources. Key laws include: 6. Pollution Control Laws by parties
• The Act prohibiting the cutting of Tindalo, Akli, These aim to prevent and control pollution. Key laws Summary: The Rules of Procedure for Environmental
and Molave trees; include: Cases in the Philippines are designed to protect
• The Revised Forestry Code; • The Clean Air Act; environmental rights, streamline legal procedures,
• Laws on the prohibition against cutting • The Clean Water Act; and empower courts to enforce compliance with their
planted trees. • The Marine Pollution Decree; orders.
• The Oil Spill Compensation Act.
2. Water Laws Key Definitions
These regulate the use, management, and protection 7. Indigenous Rights Laws Term Definition
of water resources. Key laws include: These protect the rights of indigenous cultural Parts taken or substances
• The Water Code of the Philippines; communities and indigenous peoples. The key law is: extracted from wildlife, in raw or
• The Laguna Lake Development Authority Act. • The Indigenous Peoples’ Rights Act (IPRA). By-products or
processed form, including stuffed
Objectives of the Rules of Procedure for Derivatives
animals and herbarium
3. Ecological Laws Environmental Cases specimens.
These aim to preserve and protect the natural 1. Protect Environmental Rights
A judicially approved settlement
environment. Key laws include: The Rules aim to protect and advance the
Consent Decree between concerned parties that
• The Philippine Environmental Policy; constitutional right of the people to a
is based on public interest and
Term Definition designed for specific, urgent, or exceptional o Cause(s) of action
public policy to protect and relief. o Relief(s) prayed for
preserve the environment. 3. Criminal Actions o Supporting evidence
Actions initiated to prosecute violations of o Certification under environmental laws
A writ issued by a court in an
environmental laws, punish offenders, and
environmental case directing any
deter future violations. Parties in Civil Cases
government agency or officer to
Continuing • Real parties in interest include:
perform an act or series of acts as
Mandamus Procedural Highlights: Rules of Procedure for o The Government
decreed by final judgment. This
Environmental Cases o Juridical entities
writ remains effective until the
o Private citizens
judgment is fully satisfied.
Allowed Pleadings and Motions
A civil, criminal, or administrative • Permitted: Citizen Suits
action brought against a person, o Complaint • Any Filipino citizen may file a case to enforce
Strategic Lawsuit
institution, or government entity o Answer (with counterclaim and cross- environmental rights or obligations, even on
Against Public
to harass, vex, or stifle any legal claim) behalf of others.
Participation
recourse taken in enforcing o Intervention • The rules liberalize standing, removing the
(SLAPP)
environmental laws or asserting o Discovery requirement for personal or direct interest.
environmental rights. o Motion for reconsideration • Based on the principle that humans are
A principle stating that when stewards of nature.
human activities may cause Limited Motions • Public notice may be required by the court.
serious or irreversible • Only allowed in meritorious cases:
Precautionary
environmental damage that is o Motion for postponement Service of Complaint on Government or Agencies
Principle
scientifically plausible but o Motion for new trial (Section 6)
uncertain, actions shall be taken • Plaintiff must serve a copy of the complaint to
to prevent or reduce the threat. Prohibited Pleadings and Motion the concerned government agency, even if it
• Motion to dismiss is not a party.
Remedies Under the Rules • Motion for a bill of particulars • Proof of service must be attached to the
1. Civil Actions • Motion for time extensions complaint.
Legal actions filed to seek redress or • Motion to declare a party in default
enforcement of environmental rights, often • Reply Environmental Protection Orders (EPOs)
involving damages, injunctions, or other civil • Third-party complaint 1. Temporary Environmental Protection Orders
remedies. (TEPOs)
2. Special Civil Actions Complaint Requirements • Valid for 72 hours
These include writs like Writ of Kalikasan, Writ • Must be verified • Issued in cases of extreme urgency, to avoid
of Continuing Mandamus, and Writ of Habeas • Must include: grave injustice and irreparable injury
Corpus in environmental contexts, which are o Parties • Can be extended after summary hearing
 • No bond required 3. Duty to inform the court of similar
• Can be dissolved if it causes irreparable Trial Rules actions filed later
damage to the respondent Trial Timelines and Structure • (f) Reliefs prayed for, including a possible
2. Permanent Environmental Protection Orders • Continuous trial required TEPO
• Issued in the final judgment • Two-month maximum for trial duration Procedural Rules
• May convert a TEPO or be issued as part of a • One-day examination rule applies • Where to file: Supreme Court or any station of
Writ of Continuing Mandamus • Case must be decided within one year from the Court of Appeals (Sec. 3)
• Courts may monitor compliance through: filing • No docket fees required (Sec. 4)
o Government agencies • Parties must submit memoranda within 30 • Issuance of writ: Within 3 days if sufficient in
o Appointed commissioners days from submission for decision form and substance (Sec. 5)
• Court must render judgment within 60 days • Return of Respondent: Must be filed within a
Respondents' Obligations from final submission non-extendible period of 10 days (Sec. 8)
• Must file a verified return within 10 days • Prohibited pleadings: Dismissal motions, bill of
• Court may issue: Writ of Kalikasan (Rule 7) particulars, postponement, counterclaims,
o Production orders Nature (Sec. 1) extensions, and default motions (Sec. 9)
o Inspection orders • A remedy available to natural/juridical • Failure to file return: Results in ex parte
(as part of discovery proceedings) persons, people's organizations, NGOs, or hearing (Sec. 10)
public interest groups on behalf of individuals • Judgment: To be rendered within 60 days
Prohibition Against TROs whose constitutional right to a balanced and from submission (Sec. 15)
(Section 10) healthful ecology is violated or threatened Reliefs That May Be Granted
• No court, except the Supreme Court, may due to an unlawful act or omission. • Cease and desist orders
issue a Temporary Restraining Order (TRO) or • The environmental damage must affect two or • Orders to protect, preserve, rehabilitate, or
preliminary injunction against: more cities or provinces. restore the environment
o Lawful actions of government agencies Contents of the Verified Petition (Sec. 2) • Orders to monitor compliance
o Environmental law enforcement • (a) Petitioner's personal circumstances • Orders for periodic reporting
o Measures to prevent environmental • (b) Respondent’s personal details (or assumed • Other environmental reliefs (except damages
violations name if unknown) to individuals)
• (c) Specific environmental law violated or
Filing Fees threatened with violation; magnitude of Writ of Continuing Mandamus (Rule 8)
(Section 12) environmental damage Nature (Sec. 1)
• Deferred until after judgment, unless the • (d) Supporting evidence: affidavits, • Issued when a government agency or officer
plaintiff is indigent documents, expert/scientific studies, object unlawfully neglects to perform an act enjoined
• Filing fees become a first lien on any monetary evidence if possible by law, especially in relation to the protection
award • (e) Certification under oath of: of the environment.
• For Citizen Suits, the same rules on deferred 1. No similar pending action Procedural Rules
fees and first lien apply 2. Status of any existing similar case
 • Where to file: Regional Trial Court, Court of • Information must be filed and subscribed by a Judicial Duties Before Granting Bail
Appeals, or Supreme Court (Sec. 2) prosecutor • Judge must:
• No docket fees required (Sec. 3) • A special prosecutor from a qualified o Read the information in a language
• If sufficient, the court shall issue the writ and organization may assist, subject to public known to the accused
require the respondent to comment within 10 prosecutor's control o Require signing of a written
days (Sec. 4) undertaking (e.g., appearance for
• Court may expedite proceedings or issue Joint Civil and Criminal Actions arraignment, waiving presence at trial
TEPOs (Sec. 5) • Filing a criminal case automatically includes a if absent unjustifiably)
• The hearing shall be summary in nature and civil action for damages. Arraignment Scheduling
judgment must be rendered within 60 days • Reservation to file civil case separately must • Must be scheduled within 15 days from
(Sec. 6) be made during arraignment. court’s acquisition of jurisdiction
• Judgment: Directs respondent to perform the • Filing fees form part of the award and • Notice must be given to the public prosecutor
lawful act neglected (Sec. 7) constitute a first lien; any award (less fees) and offended party
goes to the enforcing agency. • Court shall entertain plea bargaining on the
Judgment and Appeals Arrest date of arraignment
• Appeal: Can be filed with the Supreme Court • Warrantless arrest is allowed when:
within 15 days from denial or judgment. o The offense is committed in the The Paris Agreement
Questions of fact may be raised. officer's presence
• Does not preclude separate criminal, civil, or o The offense has just been committed The Paris Agreement and the Climate Change
administrative cases. and there’s probable cause Problems of the Caraga Region in the Philippines
• Judgments are executory even during appeal, • All arrest warrants must be accompanied by a
unless restrained by the appellate court. certified true copy of the information. This paper examines the Paris Agreement and its
• Permanent TEPO and Writ of Continuing Custody and Disposition of Seized Items implications for the Caraga Region, a climate-
Mandamus may be issued to ensure • Governed by applicable laws and rules vulnerable area in the Philippines, and explores
enforcement. • In their absence, the court will implement regional initiatives addressing climate change
• Court may appoint a commissioner to monitor procedures for custody, inventory, reporting, challenges.
compliance. and if necessary, auction or disposition of
• Once fully executed, a Writ of Execution is seized items I. The Paris Agreement: Key Provisions and
returned. Objectives
Part IV – Criminal Procedure Bail and Arraignment
Prosecution of Environmental Offenses Bail Filing Options 1. Global Temperature Targets (Article 2)
• Complaint may be filed by: • May be filed with:
o The offended party o The court where the case is pending • Limit global temperature rise to well below
o Peace officers o Any RTC, MTC, or MCTC in the 2°C above pre-industrial levels.
o Public officers enforcing environmental province/city/municipality where • Pursue efforts to further limit it to 1.5°C,
laws arrest occurred recognizing this significantly reduces climate-
related risks.
2. Nationally Determined Contributions (NDCs) “The economic agenda cannot and will never be Regional Development Council (RDC) Initiatives
(Articles 3–6) incompatible with our climate change agenda...
Climate change is now an important criterion in our • Coordinates the region’s climate and
• Countries are required to submit and national policies, planning, and implementation... development strategies.
regularly update their NDCs, which outline unlocking green and blue economy development.”
national targets and strategies for reducing Key Climate Action Projects
greenhouse gas (GHG) emissions. Nationally Determined Contribution (NDC)
1. Forest Rehabilitation – Replanting native
3. Financial Assistance and Technology Transfer • The Philippines commits to reducing GHG species and restoring degraded lands for
(Articles 9–10) emissions and transitioning to low-carbon, increased carbon sequestration.
climate-resilient development, in line with 2. Mangrove Restoration – Rebuilding coastal
• Developed countries are to provide financial the Paris Agreement. defenses to guard against storm surges and
and technological support to developing rising seas.
countries to strengthen mitigation and III. The Caraga Region: A Vulnerable Frontline 3. Sustainable Agriculture – Promoting
adaptation efforts. agroforestry and no-till farming to improve
Regional Context yields and reduce emissions.
4. Adaptation and Resilience (Article 7) 4. Renewable Energy – Expanding solar and
• Natural Resources: Rich in timber, minerals, hydropower infrastructure to lessen fossil fuel
• Emphasizes the need to build resilience and and agricultural land. dependency.
adapt to the adverse effects of climate • Hazards: Highly prone to tropical cyclones, 5. Climate-Smart Infrastructure – Constructing
change, particularly in vulnerable areas. flooding, and landslides. elevated roads and flood-resilient buildings
• Vulnerable Areas: Agusan del Sur, Dinagat for disaster-proofing.
5. Transparency and Accountability (Article 13) Islands, Surigao del Norte, and Surigao del Sur.
• Recent Events: Typhoons Auring and Odette VI. Climate Change Adaptation Process in Caraga
• Introduces a transparency framework to track (2021) caused significant damage to
progress and hold countries accountable for infrastructure, homes, and local economies. 1. Impact Assessment – Analyze vulnerability to
meeting their climate commitments. sea level rise, extreme weather, and rainfall
IV. Regional Greenhouse Gas (GHG) Contributors changes.
6. Cooperation through Capacity-Building (Article 12) 2. Stakeholder Engagement – Collaborate with
• Agriculture communities, LGUs, and agencies.
• Calls for public education, training, and • Industrial Processes and Product Use (IPPU) 3. Strategy Development – Craft plans including
awareness to support climate action. • Forestry and Other Land Use (FOLU) policy shifts, infrastructure upgrades, and
• Waste and Transport ecological solutions.
II. Philippines’ Commitment to the Paris Agreement 4. Implementation and Monitoring – Execute
V. Caraga’s Climate Adaptation and Mitigation plans and adapt strategies as needed based on
Statement from President Ferdinand Marcos Jr. Efforts continuous evaluation.
(2023 SONA)
 5. Water Scarcity & Contamination 1. Protect public health and the environment.
2. Promote environmental awareness and
VII. Funding Sources for Climate Initiatives • Climate stress affects water availability and public participation.
quality, impacting sanitation and agriculture. 3. Encourage waste reduction, reuse, recycling,
Source Description and proper disposal.
Local Allocated budget for climate Conclusion
Government adaptation and mitigation 📝 Example: Proper disposal of plastic containers
Units projects The Paris Agreement provides a critical framework helps prevent mosquito breeding and reduce diseases
for global climate action. The Caraga Region, due to like dengue.
National Support from agencies like the its vulnerability and rich natural environment, must
Government DENR and Climate Change align closely with its objectives—especially in III. Coverage and Scope
Funds Commission (CCC) enhancing resilience, reducing emissions, and
transitioning toward sustainability. Local and national • Applies to all cities and municipalities.
VIII. Key Climate Challenges in Caraga collaboration, climate financing, and community- • Requires every LGU to develop and
based solutions are key to Caraga’s climate future. implement a solid waste management system.
1. Extreme Weather Events
Solid Waste Management Act IV. Key Provisions
• Increased frequency and severity of typhoons
and floods damage infrastructure and Republic Act No. 9003: Ecological Solid Waste Section Provision
livelihoods. Management Act of 2000
Declaration of Policy: Promote
2. Coastal Erosion & Sea-Level Rise Sec. 2 environmental protection through proper
I. Introduction and Context
waste management.
• Threatens communities, biodiversity, and • Waste Generation: The Philippines produces LGUs are primarily responsible for waste
Sec. 10
critical infrastructure along Caraga’s long approximately 40,000 tons of solid waste management.
coastline. daily, with Metro Manila contributing a large Sec. 16– LGUs must prepare and implement Solid
share. 17 Waste Management Plans (SWMPs).
3. Declining Agricultural Productivity • Waste Composition: Sec. 20– Mandatory waste segregation and
o 44.32% biodegradable 21 diversion programs.
• Changing climate conditions disrupt farming o 31.64% recyclable
practices, reducing yields and food security. Establish buy-back centers and recycling
o 23.68% residual Sec. 28
programs.
o 0.36% special waste
4. Deforestation & Ecosystem Loss Establish Materials Recovery Facilities
• Impact: Poor waste practices lead to Sec. 32
(MRFs).
pollution, disease outbreaks (e.g., dengue),
• Forests are endangered by land-use changes Sec. 37– Ban open dumps, set criteria for sanitary
and environmental degradation.
and climate impacts, risking biodiversity. 42 landfills.
II. Objectives of R.A. 9003 Sec. 45 Provide incentives for good practices.
Section Provision 4. Public education and community • Community service as part of rehabilitation
Sec. 48 Lists prohibited acts. participation efforts
Allows for citizen suits to enforce Example: San Fernando City determined that 33.67% XII. Common Challenges
Sec. 52
compliance. of its waste is kitchen waste, allowing focus on
composting. 1. Lack of public awareness
V. Waste Management Framework
VIII. Prohibited Acts (Sec. 48) Rural areas struggle with educational outreach.
1. Waste Hierarchy:
• Littering, dumping in public places 2. Insufficient infrastructure
Reduce → Reuse → Recycle → Recover → Dispose • Open burning of waste
• Unauthorized scavenging of recyclables Many LGUs lack proper trucks and facilities.
Ex: “No segregation, no collection” policies encourage • Use of open dumps
community responsibility. 3. Weak enforcement
Penalties range from fines (₱500–₱5,000) to
2. Segregation at Source: imprisonment and administrative sanctions. Densely populated areas like Tondo face difficulties in
monitoring and compliance.
Color-coded bins help households separate IX. Administrative Sanctions (Sec. 50)
biodegradable, non-biodegradable, recyclable, and XIII. Success Stories
special waste. • LGU and government officials may be held
liable for failure to implement RA 9003. San Fernando, Pampanga - Achieved a 55% waste
VI. Institutional Mechanisms diversion rate through strict implementation and
X. Incentives and Rewards citizen engagement.
• NSWMC: Formulates national policies
(includes 14 gov’t + 3 private sector reps). • Incentives: Tax perks for businesses with Clark Freeport Zone - Noted for clean streets and
• LGUs: Develop and implement local SWMPs; waste reduction initiatives. effective waste laws enforcement.
operate MRFs; educate constituents. • Rewards Programs:
XIV. Conclusion & Call to Action
Example: Quezon City runs scheduled collections and Eco Savers in some LGUs reward households and
recycling centers. students with redeemable points for proper “RA 9003 is a critical step in ensuring environmental
segregation. sustainability. However, its success depends on
VII. Components of LGU Solid Waste Management continuous enforcement, government
Plans XI. Penalties accountability, and active public participation.”

1. Waste characterization and quantification • Fines for littering or illegal dumping

2. Collection and transfer systems • Imprisonment of up to 6 months for severe or
3. Processing and disposal repeated violations
Clean Air Act

Chapter 2: Air Quality Management System

(R.A. No. 8749 – Philippine Clean Air Act of 1999)

Introduction

• Objective: To achieve and maintain clean air

that is safe for public health and the
environment.
 • Scope: Establishes the legal and institutional • Trading System: Companies can trade quotas, 7. Regulation of Other Pollutants, Additives, Fuels,
framework for air quality monitoring, promoting cost-efficient pollution reduction. and Substances
regulation, and improvement.
4. Air Quality Monitoring and Information Network • Includes control of toxic air contaminants,
1. National Ambient Air Quality Standards (NAAQS) fuel additives, and substances harmful to air
• Managed by: DENR quality.
• Definition: Maximum allowable levels of air • Functions: • DENR may ban or restrict substances that
pollutants in the atmosphere. o Establish monitoring stations pose a public health or environmental
• Purpose: Protect public health, safety, and nationwide hazard.
welfare. o Collect and analyze data on air
• Covered Pollutants: pollutants 8. Citizen Suits
o TSP – Total Suspended Particulates o Disseminate information to the public
o PM10 – Particulate Matter 10 microns for transparency and awareness • Empowerment: Citizens, NGOs, or people’s
or smaller organizations can file suits against any violator
o SO₂ – Sulfur Dioxide 5. Mobile Sources of Pollution (Motor Vehicles) of the Clean Air Act.
o NO₂ – Nitrogen Dioxide • Significance: Encourages public involvement
o CO – Carbon Monoxide • Regulated Activities: and accountability in air quality enforcement.
o O₃ – Ozone (Photochemical Oxidants) o Emission standards for new vehicles
o Pb – Lead o Vehicle inspection and maintenance 🗣️ This aligns with the principle of environmental
programs stewardship and democratizes access to
2. Airsheds o Fuel quality control environmental justice.
o Promotion of cleaner fuels and
• Definition: Specific geographic areas with transport modes Summary of Chapter 2's Key Functions
similar air quality and pollution sources.
• Purpose: Allows for localized air quality Example: Shifting to electric vehicles or using Euro-4 Component Purpose
management. compliant fuels.
Set pollutant limits for safe air
• Authority: DENR designates airsheds based on NAAQS
quality
meteorological, geographical, and pollution 6. Stationary Sources of Pollution
Enable localized, effective air
conditions. Airsheds
• Sources: Factories, power plants, industrial management
3. Emission Quotas facilities. Control and limit pollution within
Emission Quotas
• Key Provisions: areas
• Purpose: Control the total pollutant o Permit system for operation and Monitoring Track, report, and inform about
emissions within an airshed. construction Network air quality
• Allocation: DENR assigns quotas to industries o Industry-specific emission standards Mobile Sources Regulate vehicle emissions
and pollution sources. o Mandatory pollution control devices
Component Purpose Context: • (d) Water quality information and education
Stationary program.
Permit and regulate industries • Water pollution is a severe issue in the • (e) Resource requirement and possible
Sources
Philippines. sources.
Ban or regulate harmful •
Other Sources It impacts public health, ecosystems, and • (f) Enforcement procedures of the plan.
substances economic progress. • (g) Rewards and incentives under Chapter 4 of
Legal action by citizens to uphold • Rivers, lakes, and coastal areas are heavily the Act.
Citizen Suits
the law polluted.
• High levels of contaminants pose health risks. Designation of WQMA (Sec. 5)
Conclusion • Untreated wastewater discharge harms
ecosystems. • The Department (DENR), in coordination with
Chapter 2 of the Clean Air Act of 1999 is a • Pollution hinders economic activities like NWRB, shall designate water quality
comprehensive system built on science-based fishing and tourism. management areas using physiographic units
standards, localized strategies, and public such as watersheds or river basins.
participation. It empowers both the state and II. Goals of the Act (Sections 2–3) • Areas shall have similar hydrological,
citizens to work together in ensuring clean, meteorological, or geographic conditions or
breathable air for current and future generations. • Protect and enhance the quality of Philippine common development programs.
water resources.
Clean Water Act • Prevent, control, and abate water pollution. Governance of WQMA (Sec. 5)
• Promote environmental strategies for water
Philippine Clean Water Act of 2004 (R.A. 9275) quality management. • Chairman: DENR Representative.
Protecting Our Water Resources for Future • Encourage commercial and industrial • Members: Representatives of LGUs, national
Generations establishments to adopt pollution control agencies, registered NGOs, water utility
technologies. sector, and business sector.
I. Introduction • Establish a water quality management fund. • LGUs with multiple WQMA memberships
designate one representative.
• The Act aims to protect the country’s water III. Water Quality Management System • Governing Board: Formulates strategies and
bodies from pollution. coordinates implementation of the Act and
• It provides a comprehensive framework for Water Quality Management Area Action Plan (Sec. monitors compliance with the action plan.
water quality management. 4(ss))
• The Act establishes effluent standards for Multi-Sectoral Group
various industries. • (a) Goals and targets including sewerage or
• It mandates the creation of wastewater septage program. • The Technical Secretariat (part of DENR)
treatment facilities. • (b) Schedule of compliance to meet applicable provides technical support to the board.
• The law promotes the use of environmentally- requirements of the Act.
friendly technologies. • (c) Water pollution control strategies or Jurisdictional Note
techniques.
 • LLDA manages areas under its jurisdiction but DOH Role: Sets guidelines and standards for • Standards will be provided for each significant
shall enforce national standards and collection, treatment, and disposal of sewage. wastewater parameter per sector.
wastewater charges as established under this
Act. Fees: Sources of sewage and septage are subject to
sewerage service charges unless they operate their
IV. Non-Attainment Areas (Sec. 6) own system. X. Wastewater Discharge Regulation (Sec. 13–14)

• Defined as water bodies exceeding water Connection (Sec. 8): Required to connect to the Fees: Entities pay based on pollutant load (Sec. 13).
quality guidelines. sewerage system.
• Restrictions on new pollution sources apply. Permits: Mandatory discharge permits required (Sec.
• Measures to upgrade water quality required. VII. Funding Mechanisms (Sec. 9–10) 14), including quantity, quality, and compliance
• The Department, NWRB, DOH, DA, and other schedule.
stakeholders shall act to improve quality. National Water Quality Management Fund
• LGUs may relocate residents to protect health • Encourages waste minimization and treatment
and welfare. • For cleanup, restoration, and pollution technologies.
prevention. • Effluent trading within WQMA allowed.
V. Definitions • Sources: fines, damages, permits, grants,
donations. XI. Financial Liability Mechanism and EIS
Septage (Sec. 4(ff)): Sludge produced in onsite
wastewater systems like septic tanks. Area Water Quality Management Fund • Entities may be required to provide financial
guarantees to cover potential environmental
Sewage (Sec. 4(gg)): Water-borne human or animal • For maintenance, rewards, and upkeep of damage.
waste including stormwater and runoff. water bodies in WQMA.
• Sources: fines, charges from wastewater XII. Awards and Incentives (Sec. 25–26)
Sewerage (Sec. 4(hh)): Network and system for systems, and fees from rural establishments.
collection, transport, and treatment of sewage. • Incentives for entities exceeding compliance.
VIII. Flexibility Provision (Sec. 11) • Includes tax incentives and recognition.
VI. National Sewerage and Septage Management
Program (Sec. 7) • The Department may grant variances in water XIII. Prohibited Acts (Sec. 27)
quality standards for geothermal and oil/gas
• Implemented in Metro Manila and HUCs by exploration, provided protection of water use • Discharge of wastewater without permit.
agencies or concessionaires within 5 years. downstream. • Failure to clean up or comply with standards.
• In non-HUCs, DPWH coordinates with DENR, • Illegal discharge of oil or toxic substances.
DOH, and others to implement a septage or IX. Effluent Standards (Sec. 12) • Operation despite orders for closure or
combined system. violations of discharge limits.
• DENR shall publish a list of industry categories.
XIV. Penalties and Fines (Sec. 28) • May initiate proceedings against any person • Promotion of local participation and ensuring
violating standards, rules, or orders under this benefits for host communities.
General Violation: Act. • Emphasis on transparency, accountability,
and good governance in the mining sector.
• ₱10,000–₱200,000 per day of violation. Example WQMA Implementation • Advocacy for the use of modern,
• May result in closure or suspension of environmentally friendly mining
operations. • San Juan River System (NCR) technologies.
• Taguibo River (Caraga Region)
Failure to Clean Up: Philippine Mining Laws: A Timeline of Key
Legislation
• 2–4 years imprisonment + ₱50,000–₱100,000
per day. Let’s navigate the complexities of Mining in the
• If it causes injury, death, or irreversible Philippines through its core laws:
contamination: 6–12 years + ₱500,000/day.
1. 1991 – Small Scale Mining Act of 1991
Gross Violation: (Republic Act No. 7076)
o Promotes and regulates small-scale
• ₱500,000–₱3,000,000 per day or mining operations.
• 6–10 years imprisonment or both. o Emphasizes community involvement
and environmental protection.
Violations of P.D. 979: 2. 1995 – Philippine Mining Act of 1995
(Republic Act No. 7942)
• ₱50,000–₱1,000,000 or o Governs all mining activities across the
• 1–6 years imprisonment or both. country.
• Vessel discharges may lead to withholding of o Focuses on responsible mining and
clearance. sustainable development.
Mining Policy and Law o Establishes the legal framework for
XV. Administrative Sanctions (Sec. 29–30) mineral agreements, environmental
Philippine Mining Policy Overview safeguards, and revenue sharing.
Local Government Officials: 3. 1997 – Indigenous Peoples Rights Act of 1997
The Philippine Mining Policy prioritizes responsible (Republic Act No. 8371)
• Subject to sanctions for failing to comply with
and sustainable mineral resource development. It o Protects the rights of Indigenous
action plans (under R.A. 7160). Cultural Communities/Indigenous
aims to strike a balance between economic growth,
environmental protection, and social responsibility. Peoples (ICCs/IPs).
DENR:
Key features of the policy include:
 o Requires Free and Prior Informed • (f) Other related circumstances
Consent (FPIC) before any mining
activity on ancestral domains. Recognition of Prior Existing Rights and Productivity

Small-Scale Mining Act (Republic Act No. 7076) Section 14. Rights of Claimowners
Section 2. Declaration of Policy
When a declared small-scale mining area overlaps with
It is hereby declared the policy of the State to promote, an existing mining right:
develop, protect, and rationalize viable small-scale
mining activities in order to generate more • Claimowners and small-scale miners are
employment opportunities and provide an equitable encouraged to enter into a voluntary and
sharing of the nation's wealth and natural resources, Limitations of the Rights of Small-Scale Miners acceptable contractual agreement.
giving due regard to existing rights as herein provided. • In case of disagreement, claimowners are
Section 7. Ancestral Lands entitled to:
o (a) Exemption from annual work
No ancestral land may be declared as a people’s small- obligations and fees (occupation,
scale mining area without the prior consent of the rental, real property taxes)
cultural communities concerned. o (b) Access to the area (with Board
approval) for metallurgical tests,
If ancestral lands are declared as such, members of the exploration, and similar activities,
cultural communities shall be given priority in the provided they don’t unduly interfere
awarding of small-scale mining contracts. with small-scale operations
o (c) Royalty:
Section 10. Extent of Contract Area ▪ 1.5% of the gross value of
metallic mineral output
The contract area must not exceed twenty (20)
▪ 1% of the gross value of non-
hectares per contractor, and the depth or length of
metallic mineral output
the tunnel/adit must not exceed what is
recommended by the Director. These rights are only available if the claimowner is not
Considerations include: delinquent in complying with obligations for the past
two (2) years before the law’s effectivity.
• (a) Size of membership and capitalization of the
cooperative Section 15. Rights of Private Landowners
• (b) Size of mineralized area
• (c) Quantity of mineral deposits Private landowners must be notified of any plan or
• (d) Safety of miners petition to declare their land as a small-scale mining
• (e) Environmental impact
area and may oppose such plans in a formal hearing
before the Board.

• If the land is declared as such, owners and

contractors are encouraged to enter into a
contractual agreement.
• The landowner is entitled to:
o Payment of actual damages suffered
o Royalty, not exceeding 1% of the gross
value of recovered minerals

Section 22. Reversion of People’s Small-Scale Mining

Areas

The Secretary of Environment and Natural Resources,

upon the Director’s recommendation, may withdraw
the status of a small-scale mining area if:

• It is no longer feasible to operate on a small-

scale basis
• Safety, health, or environmental conditions
justify its reversion to the State State Responsibility

The State is responsible for promoting the rational

Philippine Mining Act of 1995 (RA 7942)
exploration, development, utilization, and
Key Objectives of the Act as declared in its Policy (Sec. conservation of mineral resources. This includes
2) ensuring national development while safeguarding
the environment and protecting the rights of affected
Strike a balance between economic growth, communities. (Secs. 4, 5, 7, 8, 9, 10)
environmental protection, and social well-being.
Key Definitions of Terms (Sec. 3)
Collaboration between government and private sector Clarity and Implementation:
in the exploration, development, utilization and
conservation of the mineral resources to safeguard the The Act defines key terms for better understanding
environment and protect the rights of the affected and execution.
communities
 • Ancestral lands refers to all lands exclusively • Co-Production Agreement (CA) • Mineral Agreement
and actually possessed, occupied, or utilized An agreement between the Government and A contract between the Government and a
by indigenous cultural communities by one or more contractors, as defined under contractor involving one of the following:
themselves or through their ancestors in Section 26(b) of the Act. o Mineral Production Sharing
accordance with their customs and traditions • Development Agreement (MPSA)
since time immemorial, and as may be defined Work undertaken to explore and prepare an o Co-Production Agreement
and delineated by law. ore body or mineral deposit for mining, o Joint Venture Agreement
• Block or meridional block means an area including the construction of necessary • Mineral Processing
bounded by one-half (1/2) minute of latitude infrastructure and related facilities. The milling, beneficiation, or upgrading of
and one-half (1/2) minute of longitude, • Exploration ores, minerals, or rocks to convert them into
containing approximately eighty-one hectares The process of searching for mineral marketable products.
(81 has.). resources using geological, geochemical, or • Mine Wastes and Tailings
• Carrying capacity refers to the capacity of geophysical surveys; remote sensing; test Soil and rock materials from mining and
natural and human environments to pitting; trenching; drilling; shaft sinking; milling operations with no economic value to
accommodate and absorb change without tunneling; or other methods to determine the the generator.
experiencing conditions of instability and existence, extent, quantity, and quality of • Minerals
attendant degradation. resources and their mining feasibility. All naturally occurring inorganic substances in
• Financial or Technical Assistance Agreement solid, gas, liquid, or intermediate states,
• Contiguous zone refers to water, sea bottom (FTAA) excluding energy materials such as coal,
and substratum measured twenty-four A contract involving financial or technical petroleum, natural gas, radioactive materials,
nautical miles (24 n.m.) seaward from the assistance for the large-scale exploration, and geothermal energy.
base line of the Philippine archipelago. development, and utilization of mineral • Mineral Land
• Contract area means land or body of water resources. Any area where mineral resources are found.
delineated for purposes of exploration, • Indigenous Cultural Community • Mineral Resource
development, or utilization of the minerals A group or tribe of indigenous Filipinos who A concentration of minerals or rocks with
found therein. have continuously lived as communities on potential economic value.
communally bounded and defined land since • Mining Area
Key Terms and Definitions – Philippine Mining Act of time immemorial, preserving common bonds A portion of the contract area identified by
1995 (R.A. 7942) of language, customs, traditions, and other the contractor for development, mining,
cultural traits, as defined and delineated by utilization, and support facilities.
• Contractor law. • Mining Operation
A qualified person, acting alone or in • Joint Venture Agreement (JVA) Activities involving exploration, feasibility
consortium, who is a party to a mineral An agreement between the Government and studies, development, utilization, and
agreement or a financial or technical one or more contractors under Section 26(c) processing of minerals.
assistance agreement (FTAA). of the Act. • Ore
A naturally occurring substance or material
 from which a mineral or element can be II. FINANCIAL OR TECHNICAL ASSISTANCE
mined and/or processed for profit. AGREEMENT (FTAA)
• Quarrying IV. SOCIAL DEVELOPMENT AND MANAGEMENT
The extraction, removal, and disposal of • Contract for large-scale exploration, PROGRAMS
quarry resources from the surface or development, and utilization.
subsurface of private or public land. • Contract area: 1,000 meridional blocks or Section 57 – Community Development and
• Quarry Resources more (Sec. 34). Science/Technology
Common rocks or mineral substances declared • Compared to Mineral Agreement: max 50
as such by the Director of the Mines and meridional blocks (Sec. 28). • Contractor must promote community welfare
Geosciences Bureau, including but not limited and support mining science and technology.
to andesite, basalt, etc.
• Utilization Section 58 – Credited Activities
The extraction or disposition of minerals. III. ENVIRONMENTAL PROTECTION
• Includes community development and
I. MINERAL AGREEMENTS (Section 26) Section 69 – Environmental Protection and geosciences research.
Enhancement
1. Mineral Production Sharing Agreement (MPSA) Section 59 – Training and Development
• Contractors must prepare and implement an
• Grants exclusive right to conduct mining environmental protection and enhancement • Contractors must train Filipinos for all aspects
operations within a contract area. program. of mining operations.
• The Government shares in the gross output. • Covers rehabilitation, revegetation, slope
• Contractor provides financing, technology, stabilization, aquaculture, watershed Section 60 – Use of Indigenous Goods and Services
management, and personnel. development, etc.
• Preference for local goods/services when
2. Co-Production Agreement Section 70 – Environmental Impact Assessment (EIA) quality and cost are equivalent.

• Agreement where Government provides • EIA and environmental clearance certificate Section 61 – Donations/Turnover of Facilities
inputs other than mineral resources. required (except for exploration phase).
• Requires consultation with LGUs, NGOs, and • After mine closure, infrastructure may be
3. Joint Venture Agreement communities. turned over to government.

• Joint-venture company is created with equity Section 71 – Rehabilitation Section 62 – Employment of Filipinos
from both the Government and contractor.
• Government also shares in the gross output. • Mined-out areas must be rehabilitated. • Preference to Filipino citizens in all mining
• Creation of a Mine Rehabilitation Fund. employment.
• Failure leads to suspension or closure of
operations.
V. FINANCIAL CONTRIBUTIONS (Secs. 80–89) I. ANCESTRAL DOMAINS AND LANDS • Includes maintaining ecology, restoring land,
and observing the law.
• Includes excise tax, fees for mine wastes and Section 3(a) – Ancestral Domains
tailings, and occupation fees. VI. UNAUTHORIZED INTRUSION (Sec. 10)
• Used for infrastructure, environmental, and • Includes land, water, coastal areas, and
social development. natural resources traditionally owned. • Intrusion is punishable; Government must
prevent abuse of IPs.
Section 3(b) – Ancestral Lands
VII. RECOGNITION OF ANCESTRAL RIGHTS (Sec. 11)
VI. MONITORING AND ENFORCEMENT (Sec. 9) • Land traditionally used by individuals, families,
or clans. • CADT (Certificate of Ancestral Domain Title)
• MGB is responsible for inspections, formalizes recognition.
enforcement, and penalties.
VIII. RIGHT TO SELF-GOVERNANCE (Sec. 13)
II. FREE PRIOR AND INFORMED CONSENT (FPIC) (Sec.
3g) • ICCs/IPs have right to self-governance and
VII. COMMUNITY PARTICIPATION pursue economic, social, and cultural
• Consent must be obtained without coercion development.
General Provisions and in an understandable form.
• Must reflect community understanding of
• Includes public hearings, consultations, and impacts.
community monitoring.

Section 16 – Ancestral Lands

III. RIGHTS TO ANCESTRAL DOMAINS (Sec. 7)
• Requires prior consent of indigenous
communities. • Includes rights to ownership, development,
stay, safety, air/water, and entry regulation.
Section 70 – EIA Participation
IV. RIGHTS TO ANCESTRAL LANDS (Sec. 8)
• NGOs and people’s organizations must be
involved in environmental processes. • Includes rights to transfer property and
redeem unfair transactions.

V. RESPONSIBILITIES OF ICCs/IPs (Sec. 9)

INDIGENOUS PEOPLES' RIGHTS ACT (RA 8371)