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PRESIDENTIAL DECREE No. 1152

PHILIPPINE ENVIRONMENTAL CODE

WHEREAS, the broad spectrum of environment has become a matter of vital concern to the government;

WHEREAS, the national leadership has taken a step towards this direction by creating the National Environmental
Protection Council under Presidential Decree No. 1121;

WHEREAS, it is necessary that the creation of the Council be implemented with the launching of a comprehensive
program of environmental protection and management;

WHEREAS, such a program can assume tangible and meaningful significance only by establishing specific environment
management policies and prescribing environment quality standards in a Philippine Environment Code:

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Republic of the Philippines, by virtue of the powers
vested in me by the Constitution, do hereby order and decree:

Section 1. Short Title. This Decree shall be known and cited as the "Philippine Environment Code."

TITLE I
AIR QUALITY MANAGEMENT

Section 2. Purposes. The purposes of this Title are:

(a) to achieve and maintain such levels of air quality as to protect public health; and

(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.

Chapter I
Standards

Section 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.

Section 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.

Section 5. Community Noise Standards. Appropriate standards for community noise levels shall be established
considering, among others, location, zoning and land use classification.

Section 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.

Section 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.

Chapter II
Regulation and Enforcement

Section 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,
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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.

Section 9. Aircraft Noise. Community noise standards around airports shall be implemented by the Civil Aeronautics
Administration in coordination with the National Pollution Control Commission.

Section 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.

Section 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 III
Monitoring

Section 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.

The National Environmental Protection Council shall be furnished with the results of air quality monitoring activities.

Section 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.

TITLE II
WATER QUALITY MANAGEMENT

Section 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;

(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.

Chapter I
Classification and Standards

Section 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.

Section 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.
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Section 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.

Section 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 II
Protection and Improvement of Water Quality

Section 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.

Section 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.

Section 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.

TITLE III
LAND USE MANAGEMENT

Section 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.

Section 23. National Land Use Scheme. The Human Settlements Commission, in coordination with the appropriate
agencies of the government, shall formulate and recommend to the National Environmental Protection Council a land
use scheme consistent with the purpose of this Title.

The Land Use Scheme shall include among others, the following:

(a) a science-based and technology-oriented land inventory and classification system;

(b) a determination of present land uses, the extent to which they are utilized, underutilized, rendered idle or
abandoned;

(c) a comprehensive and accurate determination of the adaptability of the land for community development,
agriculture, industry, commerce and other fields of endeavor;

(d) a method of identification of areas where uncontrolled development could result in irreparable damage to important
historic, cultural, or aesthetic values, or natural systems or processes of national significance;

(e) a method for exercising control by the appropriate government agencies over the use of land in areas of critical
environmental concern and areas impacted by public facilities including, but not limited to, airports, highways, bridges,
ports and wharves, buildings and other infrastructure projects;

(f) a method to ensure the consideration of regional development and land use in local regulations;
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(g) policy for influencing the location of new communities and methods for assuring appropriate controls over the use of
land around new communities;

(h) a system of controls and regulations pertaining to areas and development activities designed to ensure that any
source of pollution will not be located where it would result in a violation of any applicable environmental pollution
control regulations; and

(i) a recommended method for the periodic revisions and updating of the national land use scheme to meet changing
conditions.

Section 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.

TITLE IV
NATURAL RESOURCES MANAGEMENT AND CONSERVATION

Section 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.

Chapter I
Fisheries and Aquatic Resources

Section 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.

Section 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 II
Wildlife

Section 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.

Section 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 III
Forestry and Soil Conservation
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Section 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.

Section 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.

Section 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.

Section 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 IV
Flood Control and Natural Calamities

Section 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.

Section 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 their destructive effects.

Chapter V
Energy Development

Section 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.

Section 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

Section 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 VI
Conservation and Utilization of Surface and Ground Waters

Section 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.

Chapter VII
Mineral Resources

Section 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.

Section 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

Section 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 I
Enforcement and Guidelines

Section 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.

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;
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(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.

Section 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 II
Methods of Solid Waste Disposal

Section 45. Solid Waste Disposal. Solid Waste disposal shall be by sanitary landfill, incineration, composing, and other
methods as may be approved by competent government authority.

Section 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.

Section 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.

Section 48. Disposal Sites. The location of solid waste disposal sites shall conform with existing zoning; land use
standards, and pollution control regulations.

Section 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.

Chapter III
Methods of Liquid Waste Disposal

Section 50. Liquid Waste Disposal. Wastewater from manufacturing plants, industries, community, or domestic sources
shall be treated either physically, biologically or chemically prior to disposal in accordance with the rules and regulations
promulgated by proper government authority.

Section 51. Applicability of Sec. 8. The provisions of Sec. 8 hereof shall likewise apply to the dumping or disposal of liquid
waste into the sea and other bodies of water.

TITLE VI
MISCELLANEOUS PROVISIONS

Section 52. Population-Environment Balance. In the assessment of development projects, the National Environmental
Protection Council, hereinafter referred to in this Title as the "Council" shall take into consideration their effect on
population with a view to achieving a rational and orderly balance between man and his environment.

Section 53. Environmental Education. The Department of Education and Culture shall integrate subjects on
environmental education in its school curricula at all levels. It shall also endeavor to conduct special community
education emphasizing the relationship of man and nature as well as environmental sanitation and practices.

The Council and other government agencies implementing environmental protection laws in coordination with public
information agencies of the government shall undertake public information activities for the purpose of stimulating
awareness and encouraging involvement in environmental protection.
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Section 54. Environmental Research. The Council shall undertake and/or promote continuing studies and research
programs on environmental management and shall, from time to time, determine priority areas of environmental
research.

Section 55. Monitoring and Dissemination of Environmental Information of Foreign Origin. The Council shall keep itself
informed of current environmental developments by obtaining information and literature from foreign sources through
the Department of Foreign Affairs, government agencies and other entities, both domestic and foreign. Such information
and literature shall be given the widest dissemination possible.

Section 56. Incentives. To operate the installation and the utilization of pollution control facilities, the following
incentives are hereby granted:

(a) exemption to the extent of fifty (50) per cent of tariff duties and compensating tax for the importation of pollution
control equipment, devices, spare parts and accessories for a period of five (5) years from the effectivity of this Decree
subject to the conditions that will be imposed by the Council.

(b) a tax credit equivalent to fifty (50) per cent of the value of the compensating tax and tariff duties that would have
been paid on the pollution control equipment, devices, spare parts and accessories had these items been imported shall,
within a period of seven (7) years from the effectivity of this Decree be given to the person or firm who or which
purchases them from a domestic manufacturer, and another tax credit equivalent to twenty-five (25) per cent thereof
shall be given to the said manufacturer subject to such conditions as may be imposed by the Council; and

(c) deductions equivalent to fifty (50) per cent of the expenses actually incurred on research projects undertaken to
develop technologies for the manufacture of pollution control equipment which have been proven effective and
commercially reproducible, from the taxable income of the person or firm actually undertaking such projects subject to
the conditions that may be imposed by the Council.

The pollution control equipment, devices, spare parts and accessories acquired under this Section shall not be sold,
transferred or disposed of within five (5) years from the date of acquisition without the prior approval of the Council
otherwise the importer or purchaser shall pay twice the amount of the tax exemption or tax credit granted.

Section 57. Financial Assistance/Grant. Financial assistance/grant for the study, design and construction of
environmental protection facilities especially for waste disposal in favor of cities, municipalities, small and medium-scale
industries may be granted on a case to case basis subject to such conditions as may be imposed by the Council.

Section 58. Participation of Local Government Units and Private Individuals. It shall be the responsibility of local
government units as well as private individuals to actively participate in the environmental management and protection
programs of the government.

Section 59. Preservation of Historic and Cultural Resources and Heritage. It shall be the duty of every person to help
preserve the historic and cultural resources of the country such as sites, structures, artifacts, documents, objects,
memorials and priceless trees.

Section 60. Government Offices Performing Environmental Protection Functions. Government agencies vested by law to
exercise environmental management powers, shall continue to function as such within their respective jurisdictions. The
Council may, however, in the exercise of its powers and functions under Presidential Decree No. 1121, inquire into any
action or issue of environmental significance.

Section 61. Public Hearings. The Council may, whenever it deems necessary, conduct public hearings on issues of
environmental significance.

Section 62. Definition of Terms. As used in this Code:

(a) "Ambient Air Quality" means the average atmospheric purity as distinguished from discharge measurements taken at
the source of pollution. It is the general amount of pollution present in a broad area.

(b) "Emission" means the act of passing into the atmosphere an air contaminant, pollutant, gas stream and unwanted
sound from a known source.

(c) "Water Quality" means the characteristics of water which define its use in terms of physical, chemical and biological
contents; hence the quality of water for domestic use is different from industrial use.

(d) "Water Quality Surveillance" means a close and continuous supervision of the water quality to detect development
movements or changes in the characteristics of the water.
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(e) "Water Quality Standard" means a plan that is established by governmental authority as a program for water
pollution prevention and abatement. Such a standard may include water use classification and the criteria to support the
uses of the water.

(f) "Effluent Standards" means restrictions established to limit levels of concentration of physical, chemical and biological
constituents which are discharged from point sources.

(g) "Clean-up Operations" refers to activities conducted in removing the pollutants discharged or spilled in water to
restore it to pre-spill condition.

(h) "Accidental Spills" refers to spills of oil or other hazardous substances in water that result from accidents involving
the carriers of such substance such as collisions and grounding.

(i) "Areas of Critical Environmental Concern" are areas where uncontrolled development could result in irreparable
damage to important historic, cultural, or aesthetic values or natural systems or processes of national significance.

(j) "Hazardous Substances" means elements or compounds which when discharged in any quantity present imminent or
substantial danger to public health and welfare.

(k) "Areas Impacted by Public Facilities" refers to areas where the introduction of public facilities may tend to induce
development and urbanization of more than local significance or impact.

(l) "Environmental Impact" is the alteration, to any degree, of environmental conditions or the creation of a new set of
environmental conditions, adverse or beneficial, to be induced or caused by a proposed project.

(m) "Government Agencies" refers to national, local and regional agencies and instrumentalities including government-
owned and controlled corporations.

TITLE VII
FINAL PROVISIONS

Section 63. Separability of Provisions. If any provision of this Code, or the application of such provisions to any person or
circumstance, is declared unconstitutional, the remainder of the Code or the application of such provision to other
persons or circumstances shall not be affected by such declaration.

Section 64. Effectivity. This Code shall take effect upon its approval.

Done in the City of Manila, this 6th day of June in the year of Our Lord, nineteen hundred and seventy-seven.
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REPUBLIC ACT NO. 9729

AN ACT MAINSTREAMING CLIMATE CHANGE INTO GOVERNMENT POLICY FORMULATIONS, ESTABLISHING THE
FRAMEWORK STRATEGY AND PROGRAM ON CLIMATE CHANGE, CREATING FOR THIS PURPOSE THE CLIMATE CHANGE
COMMISSION, AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Section 1. Title. – This Act shall be known as the “Climate Change Act of 2009”.

Section 2. Declaration of Policy. – It is the policy of the State to afford full protection and the advancement of the right
of the people to a healthful ecology in accord with the rhythm and harmony of nature. In this light, the State has
adopted the Philippine Agenda 21 framework which espouses sustainable development, to fulfill human needs while
maintaining the quality of the natural environment for current and future generations.

Towards this end, the State adopts the principle of protecting the climate system for the benefit of humankind, on the
basis of climate justice or common but differentiated responsibilities and the Precautionary Principle to guide decision-
making in climate risk management. As a party to the United Nations Framework Convention on Climate Change, the
State adopts the ultimate objective of the Convention which is the stabilization of greenhouse gas concentrations in the
atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system which should
be achieved within a time frame sufficient to allow ecosystems to adapt naturally to climate change, to ensure that food
production is not threatened and to enable economic development to proceed in a sustainable manner.1awphil As a
party to the Hyogo Framework for Action, the State likewise adopts the strategic goals in order to build national and
local resilience to climate change-related disasters.

Recognizing the vulnerability of the Philippine archipelago and its local communities, particularly the poor, women, and
children, to potential dangerous consequences of climate change such as rising seas, changing landscapes, increasing
frequency and/or severity of droughts, fires, floods and storms, climate-related illnesses and diseases, damage to
ecosystems, biodiversity loss that affect the country’s environment, culture, and economy, the State shall cooperate
with the global community in the resolution of climate change issues, including disaster risk reduction. It shall be the
policy of the State to enjoin the participation of national and local governments, businesses, nongovernment
organizations, local communities and the public to prevent and reduce the adverse impacts of climate change and, at
the same time, maximize the benefits of climate change. It shall also be the policy of the State to incorporate a gender-
sensitive, pro-children and pro-poor perspective in all climate change and renewable energy efforts, plans and programs.
In view thereof, the State shall strengthen, integrate, consolidate and institutionalize government initiatives to achieve
coordination in the implementation of plans and programs to address climate change in the context of sustainable
development.

Further recognizing that climate change and disaster risk reduction are closely interrelated and effective disaster risk
reduction will enhance climate change adaptive capacity, the State shall integrate disaster risk reduction into climate
change programs and initiatives.

Cognizant of the need to ensure that national and subnational government policies, plans, programs and projects are
founded upon sound environmental considerations and the principle of sustainable development, it is hereby declared
the policy of the State to systematically integrate the concept of climate change in various phases of policy formulation,
development plans, poverty reduction strategies and other development tools and techniques by all agencies and
instrumentalities of the government.
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Straight baseline method refers to imaginary straight lines are drawn joining the outermost points of outermost islands
of the archipelago, enclosing an area the ratio of which should not be more than 9:1 (water to land); provided that the
drawing of baselines shall not depart, to any appreciable extent, from the general configuration of the archipelago. The
waters within the baselines shall be considered internal waters; while the breadth of the territorial sea shall then be
measured from the baselines.

Archipelagic Water

Article 1 of the 1987 Constitution said: “The waters around, between, and connecting the islands of the archipelago,
regardless of their breadth and dimensions, form part of the internal waters of the Philippines.” This assertion, together
with the “straight baseline method” form the Archipelagic Doctrine.