CHAPTER 6:

INTRODUCTION TO ENVIRONMENTAL LAWS

Learning Objectives:

At the end of this chapter, the students will be able to:

1. Define Environmental Laws

2. Identify and Explain the Principle of Environmental Laws
3. Explain the 3 Categories of Philippine Environmental Laws; and
4. Identify some of the Environmental Laws Enforcement Agencies in the Philippines

What are Environmental Laws?

The principles, policies, directives, and regulations enacted and enforced by local, national, or
international entities to regulate the human treatment of the nonhuman world are referred to as environmental
laws (Campbell-Mohn and Cheever, 2022). It describes a network of regulations and customary laws that address
the effects of human activity on the natural environment. These laws are also referred to as environmental and
natural resource laws and center on the idea of environmental pollution. In addition to this issue, environmental
law works to manage specific natural resources and environmental impact assessment (Unity College, 2019).

Environmental laws play a huge part in protecting humans, no regulations concerning pollution,
contamination, hunting, or even response to disasters. These laws work to protect land, air, water, and soil.
Negligence of these laws results in various punishments like fines, community service, and in some extreme cases,
and jail time. Without these environmental laws, the government would not be able to punish those who treat
the environment poorly (Unity College, 2019).

Principles of Environmental Law

Outlined in publications such as Our Common Future (1987), published by the World Commission on
Environment and Development, and the Earth Summit's Rio Declaration (1992), is the set of principles and
concepts and concepts that shaped the design and application of modern environmental laws. These principles
are as follows:

1. Sovereignty Over Natural Resources and the Obligation Not to Cause Harm

The ability of States to be independent and have autonomy and supreme control over their
internal affairs subject to limitations of public international law is known as state sovereignty. No state or
international organ may interfere in issues that are within the jurisdiction of another state. State sovereignty
encompasses a lot of dimensions within a country, one of them being sovereignty over natural resources
(Matsika, 2017). According to the principle no. 2 of the Rio Declaration on Environment and Development
(2012), States have, by the Charter of the United Nations and the principles of international law, the
sovereign right to exploit their resources according to their own environmental and developmental
policies, and the responsibility to ensure that activities within their jurisdiction or control do not cause
damage to the environment of other States or of areas beyond the limits of national jurisdiction.

Rights of States under this principle are as follows:

• To dispose freely of the natural resource;

• To freely explore and exploit natural resources;
• To regain effective control and to compensation for damage;
• To use natural resources for national development;
• To manage natural resources according to national environmental policy;
• To an equitable share in benefits of transboundary natural resources;
 • To regulate foreign investment;
• To expropriate or nationalize foreign investment or the right to determine the conditions of
nationalization and the amount of compensation.

Duties of the States under this principle are as follows:

• Exercise permanent sovereignty over natural resources for national development and the
well- being of the people;
• Respect the rights and interests of indigenous people;
• Co-operate for international development;
• Equitable sharing of transboundary natural resources;
• Fair treatment of foreign investors;
• Conservation and Sustainable Use of natural resources

2. Principle of Prevention

This principle requires preventive measures" to be taken to anticipate and avoid environmental
damage before it happens (ClientEarth Communications, 2019). This principle allows an action to be
taken to protect the environment at an early stage. It is now not only a question of repairing damages
after they have occurred but to prevent that damage from occurring at all. This principle is not as far-
reaching as the precautionary principle. It means in simpler terms: it is better to prevent than repair or
cure (European Environment Agency, 1997).

3. Precautionary Principle

According to the precautionary principle, if there is a strong suspicion that a certain activity may
have environmentally harmful consequences, it is better to control that activity now rather than to wait
for incontrovertible scientific evidence (Campbell-Mohn and Cheever, 2022). Principle no. 15 of the Rio
Declaration states that to protect the environment, the precautionary approach shall be widely applied
by States according to their capabilities. Where there are threats of serious or irreversible damage, lack
of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent
environmental degradation (A/CONF.151/26, 1992).

4. Principle of Sustainable Development

The approach to economic planning that attempts to foster economic growth while preserving
the quality of the environment for future generations is called sustainable development (Campbell-Mohn
and Cheever, 2022). Sustainable Development is the process of developing land, cities, businesses,
communities, and so forth that meets the needs of the present without compromising the ability of future
generations to meet their own needs. It has two key concepts. First, is the existence of needs with a
particular focus on the needs of the poor. Second, is that the environment has limitations in meeting the
needs of present and future generations (Bueta, 2012).

5. Intergenerational Equity

The principle of intergenerational equity is a value concept that focuses on the rights of future
generations. It is a notion that is implicit in ecological sustainability (Summers and Smith, 2014). Ecological
sustainability is defined as the maintenance or restoration of the composition, structure, and processes of
ecosystems including the diversity of plant and animal communities and the productive capacity of
ecological systems. Ecosystem diversity and species diversity are components of ecological sustainability
(Flather, Holthausen, Iverson, et al., n.d.).

6. Rights-based Approach

Under the Rights-based Approach, the rights of persons to environmental protection have the
same level as basic human rights. The adoption of this approach plays a crucial role in litigation because
persons would be allowed to litigate based on their right to a healthy environment in that they can litigate
for violations of their civil the same way and socioeconomic rights (Bueta, 2012). Through a rights-based
approach, it becomes possible to identify and address the social relations and mechanisms that generate
 inequities and undermine progress in addressing the unsustainable use of planetary resources at multiple
scales (Ensor and Hoddy, 2021).

Categories of Philippine Environmental Laws

According to the Philippine Judicial Academy's Citizen's Handbook on Environmental Justice (2012), the
legislation on environment and its conservation and protection can be divided into three categories, they are:

1. The Green laws- refer to laws that are concerned with the protection of flora, fauna, wildlife, and land
ecosystems.
2. The Blue laws- refer to laws that are focused on coastal and marine wildlife, their ecosystems, and
resources.
3. The Brown laws- refer to laws that deal with pollution control and abatement and other regulatory
processes that ensure the protection of the environment.

Environmental Laws Enforcement Agencies in the Philippines

The following are some of the law enforcement agencies that are tasked with the implementation and
enforcement of environmental laws in the Philippines:

• Department of Environment and Natural Resources (DENR)

According to Executive Order No. 192 of 1987, the Department is the primary agency responsible
for the conservation, management, development, and proper use of the country's environment and
natural resources, specifically forest and grazing lands, mineral resources, including those in reservation
and watershed areas, and lands of the public domain, as well as the licensing and regulation of all natural
resources as may be provided for by law to ensure equitable sharing of the benefits derived therefrom
for the welfare of the present and future generations of Filipinos. To accomplish this mandate, the
Department shall be guided by the following objectives (EO. 192, 1987, Section 4):

✓ Assure the availability and sustainability of the country's natural resources through judicious
use and systematic restoration or replacement, whenever possible;
✓Increase the productivity of natural resources to meet the demands for forest,
mineral, and land resources if a growing population;
✓ Enhance the contribution of natural resources for achieving national economic
and social development;
✓ Promote equitable access to natural resources by the different sectors of the
population; and
✓ Conserve specific terrestrial and marine areas representative of the Philippine
natural and cultural heritage for present and future generations.
• Forest Management Bureau (FMB)

The Forest Management Bureau of the Department of Environment and Natural

Resources provides technical guidance to the central and field offices for the effective
protection, development, and conservation of forestlands and watersheds. It shall recommend
policies and programs for the achievement of sustainable forest management, based on
science and principles of good forest governance (FMB, n.d.). The cases or situations governed
by FMB are as follows (Bueta, 2012):

✓ Generally, all violations of forestry laws (i.e., Revised Forestry Code).

✓ Identification of logs/timber seized (type, specie, etc.).
✓ Issuances of permits for wood cutting and transport and verification and
authentication of permits shown by violators; also permits for the use or lease of
forest land.
 ✓ Foresters' assistance to other law enforcers at checkpoints and during operations.
✓ Inspection of factories, warehouses, storage facilities, etc.
✓ Violations such as illegal logging and transport, and destruction of forests, among
others.
• Land Management Bureau (LMB)

The Land Management Bureau of the Department of Environment and Natural Resources
provides direction through the development of long and medium-term strategic plans for the
land sector and monitoring and evaluation tools to ensure the achievement of goals. It
formulates policies for the efficient and effective administration and management of alienable
and disposable public lands and ensures compliance. It also develops land and survey
standards and guidelines and ensures compliance (LMB, n.d.). The cases or situations governed
by LMB are as follows (Bueta, 2012):

✓ Identification of illegal settlers on public lands such as foreshore lands.

✓ Verification of proofs of ownership such as free and special patents.
✓ Verify the classification of lands (may help in illegal settlement or use of forest
cases.)
✓ Conduct and verify the necessary land surveys.
• Biodiversity Management Bureau (BMB)

Formerly known as the Parks and Wildlife Bureau (PAWB), is a bureau under the
Department of Environment and Natural Resources. It is primarily tasked to manage matters
relating to the protection and conservation of wildlife and nature reserves and other protected
areas. The cases or situations governed by BMB are as follows (Bueta, 2012):

✓ List of threatened and endangered species of plants and animals.

✓ Verification of the type/species of plants or animals.
✓ Identification of the proper use and utilization of natural reserves and protected
areas.
✓ Violations such as poaching, destruction of habitat and protected areas, and
sale/trade of endangered species.
• Mines and Geosciences Bureau (MGB)

The Mines and Geosciences Bureau is a bureau under the Department of Environment
and Natural Resources, which is the steward of the country's mineral resources, is committed to
the promotion of sustainable mineral resources development, aware of its contribution to
national economic growth and countryside community development. It recognizes that the
development of a responsive policy framework in partnership with stakeholders to govern
mineral exploration, mining, and investment decisions and an effective institutional structure,
are fundamental requisites for the sustainable utilization of the country's mineral resources. It is
adherent to the promotion of geological studies as an integral element of socio-economic
development, environmental protection, and human safety. It is sensitive to the known
environmental impacts of mining and the need for restoration and rehabilitation of mining-
affected areas and the development and adoption of environmental and geoscientific
technologies (MGB, n.d.). The cases or situations governed by MGB are as follows (Bueta, 2012):

✓ Identification of types of minerals, whether metallic or non-metallic.

✓ Issuance of permits for exploration and mining operations, as well as for the
transport and processing of their outputs.
✓ On-site inspections to ensure compliance with the law; provide tenement maps of
mining areas.
 ✓ Violations such as illegal mining and quarrying operations, illegal transport of
minerals, and non-compliance with environmental safety standards.
• National Bureau of Investigation-Environmental Crime Division (NBI-EnCD)

In 2010, the Environment and Wildlife Protection and Investigation the National Bureau of
Investigation established Division (EWPID), which conducts activities pertinent to addressing
wildlife crime, such as actual investigation and operations and some information dissemination.
It was created to protect the environment and wildlife towards maintaining an ecological
balance that would sustain both human and non-human elements; it also recognizes the fact
that nature and all life forms should harmoniously co- exist. Its mandate is to enforce national
environmental laws and apprehend and prosecute individuals, groups, or entities who violate
these, in coordination with other government agencies tasked to protect the environment like
the DENR. On April 4, 2016, the EWPID was changed into the Environmental Crime Division (NBI-
EnCD). The cases or situations governed by NBI-EnCD are as follows (Bueta, 2012):

✓ Generally, all violations of environmental laws.

✓ Conduct field investigation, entrapment operations, evidence gathering, and
preparation of complaints against violators.
• Bureau of Fisheries and Aquatic Resources (BFAR)

The Bureau of Fisheries and Aquatic Resources is the government agency responsible for
the development, improvement, management, and conservation of the country's fisheries, and
aquatic resources. It was reconstituted as a line bureau under the Department of Agriculture
under Republic Act 8550 or the Philippine Fisheries Code of 1998. The BFAR is the lead agency
in terms of enforcement of fisheries laws outside of the municipal waters, wherein it is the LGUs
who have jurisdiction (BFAR, n.d.). The cases or situations governed by BFAR are as follows
(Bueta, 2012):

✓ Identification of fish and other marine species.

✓ Conduct technical and scientific tests on marine species and products.
✓ Violations of poaching, illegal fishing, illegal fish pens, and structures, dumping or
spilling of toxic and hazardous wastes in marine areas.
✓ Issuance of regulations, rules, advisories, and bulletins on utilization of marine
resources such as fish catch limits, red tide bulletins, etc.
• Philippine Coast Guard (PCG)

The Philippine Coast Guard is mandated and responsible to perform maritime search and
rescue, maritime law enforcement, maritime safety, marine environmental protection, and
maritime security. The Philippines is a signatory to the International Maritime Organization (IMO)
Conventions on Marine Pollution of 1973 and The International Convention for the Prevention of
Pollution from Ships of 1978 (MARPOL 73/78). The Philippine Coast Guard under Republic Act
9993 also known as the Philippines Coast Guard Law of 2009, is the sole agency responsible for
the Philippine implementation of the Conventions concerning oil pollution, prevention,
mitigation, and control through the conduct of marine pollution monitoring and control,
enhancement of PCG capability and oil spill response operations and enforcement of all marine
environmental laws and regulations (PCG, n.d.). The cases or situations governed by PCG are
as follows (Bueta, 2012):

✓ Enforcement of maritime safety and security laws and protocols, primarily in

territorial waters outside the municipal waters.
✓ Conduct on-ship inspections, confiscation of contraband; evidence gathering,
and preparation of complaints.
 ✓ Violations of poaching, illegal fishing, illegal fish pens, and structures, dumping or
spilling of toxic and hazardous wastes.
• Philippine National Police-Maritime Group (PNP-MG)

The Maritime Police is one of the national Operations Support Units of the Philippine National Police
that is mandated to enforce the law, prevent and control crimes, maintain peace and order, ensure
public safety and internal security over Philippine water, islands, coastal areas, and harbors for the
protection and sustainable development of maritime environment. The unit was created along with
the PNP under Republic Act RA 6975, otherwise known as the Department of the Interior and Local
Government Act of 1990 (Sec. 35.b.1). The cases or situations governed by PNP- MG are as follows
(Bueta, 2012):

✓ Maritime law enforcement primarily in municipal waters.

✓ Arrest of violators; evidence gathering and preparation of complaints for filing.
✓ Violations of poaching, illegal fishing, illegal fish pens, and structures, dumping or
spilling of toxic and hazardous wastes.
• Environmental Management Bureau (EMB)

The EMB is the primary DENR unit that deals with matters of environmental management,
conservation, and pollution control. The cases or situations governed by EMB are as follows
(Bueta, 2012):

✓ Conduct technical and scientific tests relating to pollution cases.

✓ Enforcement of environmental standards (i.e., air and water quality).
✓ Prosecution of violators; imposition of fines and penalties.
✓ Violations of pollution of water and air from factories; non-compliance with
Environmental Compliance Certificate (ECC).
✓ Non-compliance with the solid waste management act.
✓ Evaluation of Environmental Impact Statements (EIS) and adjudication of pollution
cases through the Pollution Adjudication Board (PAB).
 CHAPTER 7:
THE GREEN ENVIRONMENTAL LAWS IN THE PHILIPPINES

Learning Objectives:

At the end of this chapter, the students will be able to:

1. Define Green Laws

2. Explain the salient feature of the Revised Forestry Code of the Philippines
3. Explain the salient feature of the Chain Saw Act of 2002
4. Explain the salient feature of the Wildlife Conservation and Protection Act
5. Differentiate NIPAS from ENIPAS
6. Explain the salient feature of the ENIPAS
7. Explain the salient feature of the Philippine Mining Act of 1995
8. Explain the salient feature of People’s Small-scale Mining Act of 1991

What are Green Laws?

According to the Philippine Judicial Academy's Citizen's Handbook on Environmental Justice

(2012). Green laws are those that deal with the protection, conservation, utilization, and development
of forests, other land-based natural resources, and wildlife. Green is the color used since lands and
forests are generally supposed to be green. Land-based wildlife also considers the forests as their
habitat; thus, they are included under the green laws.

The following are some of the Green Laws in the Philippines:

The Revised Forestry Code

Presidential Decree No. 705 of 1975 also known as the Revised Forestry Code of the Philippines
is the law most often violated in environmental cases before the courts. This law regulates the
management, development, and utilization of forest lands. It establishes the boundaries of forest lands
and lays down the guidelines for licenses and permits for the occupation and utilization of forest lands
and the operation of wood or forest processing plant. It also introduces the concept of reforestation
to preserve the country's forest lands (Philippine Judicial Academy, 2011).

Criminal Offenses under the Revised Forestry Code

The following are criminal acts under the Revised Forestry Code of the Philippines (Chapter IV,
Sections 68 to 79):

• Cutting, gathering, and/or collecting timber or other products without a license;

• Unlawful occupation or destruction of forest lands;
• Illegal Pasturing of Livestock;
• Illegal occupation of the national parks system and recreation areas and vandalism therein;
• Destruction of wildlife resources;
• Survey by unauthorized person;
• Misclassification and survey by government official or employee;
• Illegal issuance of Tax declaration on real property;
• Unlawful possession of implements and devices used by forest officers;
• Failure to process payment, collection and remittance of forest charges; and
• Unauthorized sale of wood products.
Chain Saw Act of 2002

The Republic Act No. 9175 also known as the Chain Saw Act of 2002, is an act regulating the
ownership, possession, sale, importation, and use of Chain saws in the Philippines. It specifically
addresses the need to eliminate illegal logging and other forms of forest destruction which are often
facilitated by the use of chainsaws. It, therefore, regulates the ownership, possession, sale, transfer,
importation, and/or use of chain saws to prevent them from being used in illegal logging or
unauthorized clearing of forests (Philippine Judicial Academy, 2011). It defines a chainsaw as any
portable power saw or similar cutting implement, rendered operative by an electric or internal
combustion engine or similar means, which may be used for, but is not limited to, the felling of trees or
the cutting of timber (Sec 3, RA 9175).

Criminal Offenses under the Chain Saw Act of 2002

The following acts are deemed illegal and punishable under Section 7 of the Chain Saw Act of
2002:

• Selling, purchasing, re-selling, transferring, distributing, or possessing a Chain Saw without a

proper permit;
• Unlawful importation or manufacturing of Chain Saw;
• Tampering of engine serial number; and
• Actual unlawful use of Chain Saw.

The Wildlife Conservation and Protection Act

The Republic Act No. 9147 or the Wildlife Resources Conservation and Protection Act, is an act
that provides for the conservation, and protection of wildlife resources and their habitats. It was
promulgated to conserve and protect wildlife species and their habitats to promote ecological
balance and enhance biological diversity. It also lays down the framework for the regulation of the
collection and trade of wildlife and the initiation or support of scientific studies involving the
conservation of biological resources. It, therefore, strengthens the Philippines' commitment to the
protection of the country's wildlife and its habitats (Philippine Judicial Academy, 2011).

Criminal Acts under the Wildlife Conservation and Protection Act

The following are the illegal acts under Section 27 of the RA 9417:

• Killing and destroying wildlife species, except in the following instances;

▪ when it is done as part of the religious rituals of established tribal groups or indigenous
cultural communities;
▪ When the wildlife is afflicted with an incurable communicable disease;
▪ When it is deemed necessary to put an end to the misery suffered by the wildlife;
▪ When it is done to prevent imminent danger to the life or limb of a human being; and
▪ When the wildlife is killed or destroyed after it has been used in authorized research or
experiments.
• Inflicting injury which cripples and/or impairs the reproductive system of wildlife species;
• Affecting any of the following acts in critical habitat/s:
▪ Dumping of waste products detrimental to wildlife;
▪ Squatting or otherwise occupying any portion of the critical habitat;
▪ Mineral exploration and/or extraction;
▪ Burning;
▪ Logging; and
▪ Quarrying
 • Introduction, reintroduction or restocking of wildlife resources;
• Trading of wildlife;
• Collecting, hunting or possessing wildlife, their by-products, and derivatives;
• Gathering or destroying of active nests, nest trees, host plants and the like;
• Maltreating and/or inflicting other injuries not covered by the preceding paragraph; and
• Transporting of wildlife.

The National Integrated Protected Areas System (NIPAS) Act of 1992

Republic Act No. 7586, also known as the National Integrated Protected Areas System Act of 1992, is
an act that provides for the establishment, and management of the National Integrated Protected
Areas System, and defines its scope and coverage. It was enacted to establish integrated protected
areas in recognition of the critical importance of protecting the country's diverse natural resources in
the environment from an increasing population. The areas established are notable for their biological
uniqueness and significance (Philippine Judicial Academy, 2011). National Integrated Protected Areas
System (NIPAS) is the classification and administration of all designated protected areas to maintain
essential ecological processes and life- support systems, to preserve genetic diversity, to ensure
sustainable use of resources found therein, and to maintain their natural conditions to the greatest
extent possible (Section 4, RA 7586). It encompasses outstandingly remarkable areas and biologically
important public lands that are habitats of rare and endangered species of plants and animals,
biogeographic zones, and related ecosystems, whether terrestrial, wetland, or marine, all of which shall
be designated as protected areas (Section 2, RA 7586).

Expanded National Integrated Protected Areas System (ENIPAS) Act of 2018

Republic Act No.11038 also known as Expanded National Integrated Protected Areas System Act of
2018, is an act declaring Protected Areas and their management, and amending for this purpose the
Republic Act No. 7586, also known as the National Integrated Protected Areas System (NIPAS) Act of
1992. It strengthens protection and adds more than 100 legislated protected areas in the Philippines. It
provides national legislation for all protected areas to ensure their ecological integrity. This includes the
Tañon Strait Protected Seascape, one of the largest marine protected areas in the Philippines; and the
Philippine Rise Marine Resources Reserve, which was recently declared as a protected area with strict
protection zones (Ocampo, 2018).

Prohibited Acts Under the ENIPAS Act of 2018

The following are the acts deemed prohibited within protected areas according to Section 20
of the RA 7586, as amended in Section 18 of the Expanded National Integrated Protected Areas System
Act of 2018:

• Poaching, killing, destroying, disturbing of any wildlife including in private lands within the
protected area;
• Hunting, taking, collecting, or possessing of any wildlife, or by-products derived therefrom,
including in private lands within the protected area without the necessary permit, authorization
or exemption;
• Cutting, gathering, removing or collecting timber within the protected area including private
lands therein, without the necessary permit, authorization, certification of planted trees or
exemption such acts are done in accordance with the duly recognized practices of the
IPS/ICCs for subsistence purposes;
• Possessing or transporting outside the protected area any timber, forest products, wildlife, or by-
products derived there from which are ascertained to have been taken from the protected
 area other that exotic species, the culling of which has been authorized under an appropriate
permit;
• Using any fishing or harvesting gear and practices or any of their variations that destroys coral
reefs, sea-grass beds or other marine life and their associated habitats or terrestrial habitat as
may be determined by the DA or the DENR;"
• Dumping, throwing, using, or causing to be dumped into or places in the protected area of any
toxic chemical, noxious or poisonous substance or non-biodegradable material, untreated
sewage or animal waste or products whether in liquid, solid or gas state, including pesticides
and other hazardous substances as defined under Toxic Substances and Hazardous and
Nuclear Waste Control Act of 1990 detrimental to the protected area, or to the plants and
animals or inhabitants therein;
• Operating any motorized conveyance within the protected area without permit from the PAMB,
except when the use of such motorized conveyance is the only practical means of
transportation of IPS/ICCs in accessing their ancestral domain/land;
• Altering, removing, destroying or defacing boundary marks or signs;
• Engaging in kaingin" or, any manner, causing forest fires inside the protected area;
• Mutilating, defacing, destroying, excavating, vandalizing or, in any manner damaging any
natural formation, religious, spiritual, historical sites, artifacts and other objects of natural beauty,
scenic value or objects of interest to IPs/ICCs;
• Damaging and leaving roads and trails in damaged condition;
• Littering or depositing refuse or debris on the ground or in bodies of water;
• Possessing or using blasting caps or explosives anywhere within the protected area;
• Occupying or dwelling in any public land within the protected area without clearance from the
PAMB;
• Constructing, erecting, or maintaining any kind of structure, fence or enclosure, conducting any
business enterprise within the protected area without prior clearance from the PAMB and permit
from the DENR, or conducting these activities in a manner that is inconsistent with the
management plan duly approved by the PAMB;
• Undertaking mineral exploration or extraction within the protected area;
• Engaging in commercial or large-scale quarrying within the protected area;
• Establishing or introducing exotic species, including Genetically modified organism (GMO)s or
invasive alien species" within the protected area;
• Conducting bioprospecting within the protected area without prior PAMB clearance in
accordance with existing guidelines;
• Prospecting, hunting or otherwise locating hidden treasure within the protected area;
• Purchasing or selling, mortgaging or leasing lands or other portions of the protected area which
are covered by any tenurial instrument; and
• Constructing any permanent structure within the forty (40)-meter easement from the high-water
mark of any natural body of water or issuing a permit for such construction pursuant to Article
51 of Presidential Decree No. 1067 of the Water Code of the Philippines.

The Philippine Mining Act of 1995

Republic Act No. 7942 also known as the Philippine Mining Act of 1995, is an act that institutes a
new system of exploration, development, utilization, and conservation of mineral resources in the
Philippines. It is often cited in environmental cases. Its primary objective is to regulate the exploration,
development, utilization, and conservation of all mineral resources in both public and private lands. It
lays down safeguards and regulations to ensure the preservation of the environment and the
protection of the rights of affected communities where mining activities are present (Philippine Judicial
Academy, 2011).
Criminal Acts under RA 7942

The following acts are deemed illegal and punishable under Chapter XIX of the Philippine Mining
Act of 1995:

• False statements;
• Illegal exploration;
• Theft of minerals;
• Destruction of mining structures;
• Mines arson;
• Willful damage to a mine;
• Illegal obstruction to permittees or contractors;
• Violation of the terms and conditions of the Environmental
• Compliance Certificate (ECC); and
• Illegal obstruction to government officials.

People's Small-scale Mining Act of 1991

Republic Act No. 7076 also known as the People's Small-scale Mining Act of 1991, is an act creating a
people's Small-scale Mining Program in the Philippines. It was promulgated to promote and develop
viable small-scale mining activities in the country to generate more employment opportunities. It
recognizes the need to lay down guidelines for systematic and orderly implementation of small-scale
mining activities and utilization of mineral resources such as the recognition of easement and
ownership rights, the formation of regulatory boards, and the protection of land areas (Philippine
Judicial Academy, 2011). Small on manual scale mining refers to mining activities that rely heavily labor
using simple implements and methods and do not use explosives or heavy mining equipment (RA 7076,
Sec. 3).

People's Small-scale Mining Program

According to RA 7076, People's Small-scale Mining Program includes the following features (RA
7076, Sec. 4):

• The identification, segregation and reservation of certain mineral lands as people's small-scale
mining areas;
• The recognition of prior existing rights and productivity;
• The encouragement of the formation of cooperatives;
• The extension of technical and financial assistance, and other social services;
• The extension of assistance in processing and marketing;
• The generation of ancillary livelihood activities;
• The regulation of the small-scale mining industry with the view to encourage growth and
productivity; and efficient collection of government revenue.

CHAPTER 8: THE BLUE ENVIRONMENTAL LAWS IN THE PHILIPPINES

Learning Objectives:

At the end of this chapter, the students will be able to:

1. Define Blue Laws

2. Enumerate some of the Blue Environmental Laws in the Philippines
3. Explain the salient feature of the Philippine Fisheries Code of 1998
4. Explain the salient feature of the Philippine Clean Water Act of 2004
What are Blue Laws?

Referring to the color of the seas, oceans, and other bodies of water, blue laws refer to laws that
deal with the protection, conservation, and both inland waters such as rivers, lakes, and streams, and
the seas and utilization of waters, marine life, and aquatic resources. It encompasses oceans, whether
part of the country's territory or not (Philippine Judicial Academy, 2012).

The following are some of the Blue Environmental Laws in the Philippines:

Water Code of the Philippines

Presidential Decree No. 1067 of 1976 also known as the Water Code of the Philippines, is a decree
that revised and consolidated the Laws governing the ownership, appropriation, utilization,
exploitation, development, conservation, and protection of water resources in the Philippines, thus
instituting a Water code in the country. It was promulgated in 1976 to consolidate the various water
legislations. It establishes the framework for the appropriation, utilization, control, and conservation of
water resources in the country in recognition of the increasing scarcity of water supply and resources.
The law, therefore, seeks to provide proper management of the country's water resources to sufficiently
meet future developments and needs (Philippine Judicial Academy, 2011).

Acts that are Penalized Under the Water Code of the Philippines

A fine or imprisonment for not more than three (3) years or both such fine and imprisonment are
imposed on any person who commits any of the following acts (Article 91a):

• Appropriation of water without a water permit unless such person is expressly exempted from
securing a permit by the provisions of this Code.
• Unauthorized obstruction of an irrigation canal.
• Cultivation of a riverbed, sand bar, or tidal flat without permission.
• Malicious destruction of hydraulic works or structures valued at not exceeding Twenty-Five
Thousand Pesos (P25,000.00).

A fine or imprisonment exceeding three (3) years but not more than six (6) years, or both such fine
and imprisonment are imposed on any person who commits any of the following acts (Article 91b):

• Distribution for public consumption of water adversely affects the health and safety of the
public.
• Excavation or enlargement of the opening of a hot spring without permission.
• Unauthorized obstruction of a river or waterway, or occupancy of a riverbank or seashore
without permission.
• Establishment of a cemetery or a waste disposal area near a source of water supply or reservoir
for domestic municipal use without permission.
• Constructing, without prior permission of the government agency concerned, works that
produce dangerous or noxious substances, or performing acts that result in the introduction of
sewage, industrial waste, or any substance that pollutes a source of water supply.
• Dumping mine tailings and sediments into rivers or waterways without permission.
• Malicious destruction of hydraulic works or structures valued at more than Twenty-Five Thousand
Pesos (P25,000.00) but not exceeding One Hundred Thousand Pesos (P100,000.00).

A fine or imprisonment exceeding six (6) years but not more than twelve (12) years, or both such
fine and imprisonment are imposed upon any person who commits any of the following acts (Article
91c):

• Misrepresentation of citizenship to qualify for a water permit.

 • Malicious destruction of hydraulic works or structures, valued at more than One Hundred
Thousand Pesos (P100,000.00).

The Philippine Fisheries Code of 1998

Republic Act No. 8550 also known as the Philippine Fisheries Code of 1998, is an act that
integrates all pertinent Laws and provides for the development, management, and conservation of
the fisheries and aquatic resources in the Philippines. It was enacted by Congress to protect and
conserve the fishing grounds in the country. It aims to achieve food security by limiting access to the
fishery and aquatic resources of the Philippines, managing and developing the fishing areas in the
country, supporting the fishery sector, and protecting the rights of fisherfolk. It strictly penalizes specific
acts to ensure that environmental damage to fishing and aquatic areas is minimized, if not, eliminated
(Philippine Judicial Academy, 2012).

Criminal Acts under the RA 8550

The following are the acts deemed illegal and punishable under the Philippine Fisheries Code
of 1998 (Chapter VI, Sections 86 to 106):

• Unauthorized fishing or engaging in other unauthorized fisheries activities;

• Obstruction to Fishery Law Enforcement Officer;
• Obstruction of defined migration paths;
• Commercial fishing vessel operators employing unlicensed fisherfolk or fish worker or crew;
• Failure to comply with minimum safety standards;
• Failure to conduct a yearly report on all fishponds, fish pens and fish cages;
• Gathering and marketing of shell fishes which is sexually mature or below the minimum size or
above the maximum quantities prescribed for the particular species;
• Obstruction to navigation or flow and ebb of tide in any stream, river, lake or bay;
• Construction and operation of fish corrals/traps, fish pens and fish cages without a license
permit;
• Aquatic pollution;
• Violation of catch ceilings;
• Exportation of breeders, spawners, eggs or fry;
• Capture of Sabalo and other breeders/spawners;
• Fishing or taking of rare, threatened or endangered species;
• Fishing in fishery reserves, refuge and sanctuaries;
• Fishing in overfished area and during closed season;
• Conversion of mangroves;
• Illegal use of super lights;
• Ban on coral exploitation and exportation;
• Ban on Muro-Ami other methods and gear destructive to coral reefs and other marine habitat;
• Use of fine mesh net;
• Fishing through explosives, noxious or poisonous substance, and/or electricity;
• Poaching in Philippine waters.

The Philippine Clean Water Act of 2004

Republic Act No. 9275 also known as the Philippine Clean Water Act of 2004, is an act that
provides for comprehensive water quality management in the Philippines. It aims to preserve, and
revive the quality of the country's fresh, brackish, and marine waters by promoting environmental
strategies geared toward the protection of water resources. It also formulates an integrated water
quality management framework for the utilization and development of the country's water supply and
the prevention of water pollution (Philippine Judicial Academy, 2011).

Criminal Acts under the Philippine Clean Water Act of 2004

The following are the acts deemed illegal and punishable under Section 27 of the Philippine
Clean Water Act of 2004:

• Discharging, depositing, or causing to be deposited material of any kind directly or indirectly

into the water bodies or along the margins of any surface water, where the same shall be liable
to be washed into such surface water, either by tide action or by storm, floods or otherwise,
which could cause water pollution or impede natural flow in the water body;
• Discharging, injecting or allowing to seep into the soil or sub-soil any substance in any form that
would pollute groundwater. In the case of geothermal projects, and subject to the approval of
the Department, regulated discharge for short-term activities (e.g., well testing, flushing,
commissioning, venting) and deep re-injection of geothermal liquids may be allowed: Provided,
That safety measures are adopted to prevent the contamination of the groundwater;
• Operating facilities that discharge regulated water pollutants without the valid required permits
or after the permit was revoked for any violation of any condition therein;
• Disposal of potentially infectious medical waste into sea water by vessels unless the health or
safety of individuals on board the vessel is threatened by a great and imminent peril;
• Unauthorized transport or dumping into sea waters of sewage sludge or solid waste as defined
under Republic Act No. 9003;
• Transport, dumping or discharge of prohibited chemicals, substances or pollutants listed under
Republic Act No. 6969;
• Operate facilities that discharge or allow to seep, willfully or through gross negligence,
prohibited chemicals, substances or pollutants listed under Republic Act No. 6969, into water
bodies or wherein the same shall be liable to be washed into such surface, ground, coastal, and
marine water;
• Undertaking activities or development and expansion of projects, or operating
wastewater/sewerage facilities in violation of Presidential, Decree No. 1586 and its
implementing rules and regulations;
• Discharging regulated water pollutants without the valid required discharge permit pursuant to
this Act or after the permit was revoked or any-violation of any condition therein;
• Noncompliance of LGU with the Water Quality Framework and Management Area Action Plan.
In such a case, sanctions shall be imposed on the local government officials concerned;
• Refusal to allow entry, inspection, and monitoring by the Department following this Act;
• Refusal to allow access by the Department to relevant reports and records following this Act;
• Refusal or failure to submit reports whenever required by the Department following this Act;
• Refusal or failure to designate pollution control officers whenever required by the Department
following this Act; and
• Directly using booster pumps in the distribution system or tampering with the water supply in such
a way as to alter or impair the water quality.
 CHAPTER 8:
THE BROWN ENVIRONMENTAL LAWS IN THE PHILIPPINES

Learning Objectives:

At the end of this chapter, the students will be able to:

1. Define Brown Laws

2. Explain the salient feature of the Ecological Solid Waste Management Act of
3. Explain the salient feature of the Philippine Clean Air Act of 1999
4. Explain the salient feature of the Toxic Substance and Hazardous and Nuclear Wastes Control
Act of 1990

What are Brown Laws?

Brown laws refer to laws and rules which deal with pollution control and the regulation of
activities that could affect the environment. These laws and rules include those which control
hazardous and toxic wastes and chemicals, solid waste management, and rules on the conduct of
environmental impact assessments (Philippine Judicial Academy, 2012).

The Ecological Solid Waste Management Act of 2000

Republic Act No. 9003, also known as the Ecological Solid Waste Management Act of 2000, is an
act that provides for Ecological Solid Waste Management Program and creates its necessary
institutional mechanisms and incentives. It also declared certain prohibited acts and their appropriate
penalties concerning the Ecological Waste management policies of the Philippines. It recognizes the
State's crucial responsibility to adopt a systematic, comprehensive, and ecological solid waste
management program. This is to ensure the protection of public health and the environment. The law
sets guidelines and targets for solid waste avoidance and volume reduction and aims to ensure the
proper segregation, collection, transport, storage, treatment, and disposal of solid waste (Philippine
Judicial Academy, 2011).

Prohibited Acts under the Ecological Solid Waste Management Act of 2000

Section 48 of the Ecological Solid Waste Management Act of 2000 states that the following acts
are prohibited:

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

The Philippine Clean Air Act of 1999

Republic Act No. 8749 also known as the Philippine Clean Air Act of 1999, is an act that provides
for the creation and implementation of a comprehensive air pollution control policy in the Philippines.
It espouses the constitutional right of the people to a balanced and healthful ecology. In recognition
of the dangers of air pollution and the need for a clean habitat and environment, the law provides for
an integrated air quality improvement framework design to implement a management and control
program to reduce emissions and prevent air pollution. It also provides for an air quality control action
plan that shall be implemented to enforce appropriate devices, methods, system and measures to
ensure quality control (Philippine Judicial Academy, 2011).

Prohibited Acts according to RA. 8749

The following acts are prohibited and unlawful under the Philippine Clean Air Act of 1999;

• Smoking inside a public building or an enclosed public place including public vehicles and other
means of transport or in any enclosed area outside of one's private residence, private place of
work, or any duly designated smoking area.
• Manufacturing, importing, selling, offering for sale, introduction into commerce, conveying or
otherwise disposing of, in any manner leaded gasoline and engines and components requiring
the use of leaded gasoline.
• Selling, offering for sale, or introducing into commerce fuel or additive not registered with the
DOE.
• Manufacturing, importing, selling, supplying, offering for sale, dispensing, transporting, or
introducing into commerce unleaded premium gasoline fuel which has an antiknock index (AKI)
of not less than 87.5 and Reid vapor pressure of not more than 9 psi.
• Manufacturing, importing, selling, supplying, offering for sale, dispensing, transporting, or
introducing into commerce automotive diesel fuel which contains a concentration of sulfur
above 0.20% by weight with a cetane number or index of not less than forty-eight.
• Manufacturing, importing, selling, supplying, offering for sale, dispensing, transporting, or
introducing into commerce industrial diesel fuel that contains a concentration of sulfur above
0.30% (by weight).
• Selling any imported Brand new or second-hand motor vehicle that did not pass the emission
standards.
• Incineration or the burning of municipal, bio-medical and hazardous wastes, which process emit
poisonous and toxic fumes.
• Violation of standards for Motor Vehicles.
• Violation of Standards for Stationary Sources.
The Toxic Substances and Hazardous and Nuclear Wastes Control Act of 1990

Republic Act No. 6969 also known as the Toxic Substances and Hazardous and Nuclear Wastes
Control Act of 1990, is an act to control toxic substances and Nuclear wastes in the Philippines. It was
enacted by Congress to regulate, restrict, or prohibit the importation, manufacture, processing, sale,
distribution, use, and disposal of chemical substances and mixtures that present unreasonable risk
and/or injury to health or the environment. It also prohibits the entry of hazardous materials and nuclear
wastes into the country (Philippine Judicial Academy, 2011).

Prohibited Acts under the Toxic Substances and Hazardous and Nuclear Wastes Control Act of 1990

The following are acts and omissions deemed prohibited and unlawful under the Toxic
Substances and Hazardous and Nuclear Wastes Control Act of 1990 (Section 13):

• Knowingly use a chemical substance or mixture which is imported, manufactured, processed,

or distributed in violation of this Act or implementing rules and regulations or orders;
• Failure or refusal to submit reports, notices, or other information, access to records as required
by this Act, or permit inspection of establishment where chemicals are manufactured,
processed, stored, or otherwise held;
• Failure or refusal to comply with the pre-manufacture and pre-importation requirements; and
• Cause, aid or facilitate, directly or indirectly, in the storage, importation, or bringing into
Philippine territory, including its maritime economic zones, even in transit, either through the
land, air, or sea transportation or otherwise keeping in storage any amount of hazardous and
nuclear wastes in any part of the Philippines.