UNIVERSITY OF MINDANAO
College of Engineering Education
Chemical Engineering Program
Physically Distanced but Academically Engaged
Self-Instructional Manual (SIM) for Self-Directed Learning
(SDL)
Course/Subject: CHE 545 – ChE Laws, Contracts, and Ethics
Name of Author: Engr. James Mark M. Gallawan
Name of Teacher: Engr. Jeralyn G. Cabotaje
THIS SIM/SDL MANUAL IS A DRAFT VERSION ONLY; NOT FOR
REPRODUCTION AND DISTRIBUTION OUTSIDE OF ITS
INTENDED USE. THIS IS INTENDED ONLY FOR THE USE OF THE
STUDENTS WHO ARE OFFICIALLY ENROLLED IN THE
COURSE/SUBJECT.
EXPECT REVISIONS OF THE MANUAL.
College of Engineering Education
2nd Floor, BE Building
Matina Campus, Davao City
Telefax: (082)296-1084
Phone No.: (082)300-5456/300-0647 Local 133
Table of Contents
Course Outline: CHE 545 – ChE Laws, Contracts and Ethics ........................................................... i
Course Outline Policy ..................................................................................................................... i
Grading System............................................................................................................................. iii
Help Desk Contact ........................................................................................................................ iv
Course Information ....................................................................................................................... v
BIG PICTURE I................................................................................................................................ 1
Week 1-3: Unit Learning Outcomes (ULO):................................................................................. 1
BIG PICTURE IN FOCUS: ULOa. To understand the implementing rules and regulations of
the chemical engineering law as well as the code of ethics of the chemical
engineering profession. ..................................................................................................... 1
Metalanguage ................................................................................................................................ 1
Essential Knowledge ..................................................................................................................... 2
Practice of Profession in the Philippines (PRC Law) .................................................................. 2
Chemical Engineering Law (RA 9297)......................................................................................... 2
Chemical Engineering Licensure Examination ........................................................................... 5
Practice of Chemical Engineering Profession ............................................................................. 8
Code of Ethics of Chemical Engineers.......................................................................................... 9
Let’s Analyze ................................................................................................................................ 11
In a Nutshell ................................................................................................................................. 12
References: .................................................................................................................................. 13
BIG PICTURE IN FOCUS: ULOb. to be knowledgeable in the underlying principles of the
laws of contract, core elements of the contract and its function in engineering
profession. ........................................................................................................................ 13
Metalanguage .............................................................................................................................. 13
Essential Knowledge ................................................................................................................... 14
Contract…. .................................................................................................................................... 14
Classification of Contracts .......................................................................................................... 17
Essential Elements of A Contract ............................................................................................... 18
Form Of Contracts ....................................................................................................................... 20
Kinds of Defective Contracts ...................................................................................................... 20
Badges of Fraud ........................................................................................................................... 22
Voidable Contracts ...................................................................................................................... 22
Unenforceable Contracts ............................................................................................................ 23
Void Contracts ............................................................................................................................. 23
Let’s Check ................................................................................................................................... 24
College of Engineering Education
2nd Floor, BE Building
Matina Campus, Davao City
Telefax: (082)296-1084
Phone No.: (082)300-5456/300-0647 Local 133
Let’s Analyze ................................................................................................................................ 24
In a Nutshell ................................................................................................................................. 26
Schedule of Activities Week 1-3 ................................................................................................. 27
References: .................................................................................................................................. 27
BIG PICTURE II ....................................................................................................................... 28
Week 4-5: Unit Learning Outcomes (ULO) ........................................................................... 28
BIG PICTURE IN FOCUS: ULOa. Understand the general rules and regulations of the Law
of Patent, the general requirements in patent application, as well as to
understand the Law on Copyright and its limitations.............................................. 28
Metalanguage .............................................................................................................................. 28
Essential Knowledge ................................................................................................................... 30
Intellectual Property Code of The Philippines .......................................................................... 30
Let’s check.................................................................................................................................... 51
Let’s Analyze ................................................................................................................................ 52
In a Nutshell ................................................................................................................................. 53
BIG PICTURE IN FOCUS: ULOb. To formulate a review paper about the impacts of the
chemical plants/industries here in the Philippines to the environment. ..................... 54
Metalanguage .............................................................................................................................. 54
Essential Knowledge ................................................................................................................... 57
Environmental Impact Assessment ........................................................................................... 57
Stages of the Philippine EIA Process ......................................................................................... 61
Environmentally Critical Areas .................................................................................................. 65
Let’s Check ................................................................................................................................... 69
Let’s Analyze ................................................................................................................................ 70
In a Nutshell ................................................................................................................................. 71
References: .................................................................................................................................. 71
BIG PICTURE III ...................................................................................................................... 72
Week 6-7: Unit Learning Outcomes (ULO) ........................................................................... 72
BIG PICTURE IN FOCUS: ULOa. To understand the rules and regulations in the
implementation of the Philippines Clean Air Act of 1999 ....................................... 72
Metalanguage .............................................................................................................................. 72
Essential Knowledge ................................................................................................................... 72
Clean Air Act ................................................................................................................................ 74
Let’s Check ................................................................................................................................... 89
Let’s Analyze ................................................................................................................................ 90
In a Nutshell ................................................................................................................................. 93
College of Engineering Education
2nd Floor, BE Building
Matina Campus, Davao City
Telefax: (082)296-1084
Phone No.: (082)300-5456/300-0647 Local 133
BIG PICTURE IN FOCUS: ULOb. To be knowledgeable to all the rules and regulations of RA
9003 – Ecological Solid Waste Management of 2000 ................................................... 94
Metalanguage .............................................................................................................................. 94
Essential Knowledge ................................................................................................................... 94
Ecological Solid Waste Management of 2000 ........................................................................... 97
Let’s Check ................................................................................................................................. 121
Let’s Analyze .............................................................................................................................. 122
In a Nutshell ............................................................................................................................... 123
BIG PICTURE IN FOCUS: ULOc. To know all the water quality standards and effluent
standards and the classification of all types of water. ................................................ 124
Metalanguage ............................................................................................................................ 124
Essential Knowledge ................................................................................................................. 124
Clean Water Act ......................................................................................................................... 127
Water Quality Management System ........................................................................................ 128
Let’s Check ................................................................................................................................. 139
Let’s Analyze .............................................................................................................................. 140
In a Nutshell ............................................................................................................................... 141
BIG PICTURE IN FOCUS: ULOd. To understand the rules and regulations of RA 6969 and its
penalties and sanctions pertaining if a violation is committed. ................................. 142
Metalanguage ............................................................................................................................ 142
Essential Knowledge ................................................................................................................. 142
Toxic Substances and Hazardous and Nuclear Wastes Control Act of 1990 ........................ 144
Hazardous and Nuclear Wastes ............................................................................................... 151
Classification of Hazardous Waste ........................................................................................... 152
Nuclear Waste ........................................................................................................................... 156
Let’s Check ................................................................................................................................. 160
Let’s Analyze .............................................................................................................................. 161
In a Nutshell ............................................................................................................................... 162
BIG PICTURE IN FOCUS: ULOe. To understand rules and regulations of the sanitation code
of the Philippines. .......................................................................................................... 163
Metalanguage ............................................................................................................................ 163
Let’s Check ................................................................................................................................. 196
Let’s Analyze .............................................................................................................................. 197
In a Nutshell ............................................................................................................................... 198
Schedule of Activities Week 6-7 ............................................................................................... 199
References: ................................................................................................................................ 199
BIG PICTURE IV .................................................................................................................... 200
College of Engineering Education
2nd Floor, BE Building
Matina Campus, Davao City
Telefax: (082)296-1084
Phone No.: (082)300-5456/300-0647 Local 133
Week 8-9: Unit Learning Outcomes (ULO) ......................................................................... 200
BIG PICTURE IN FOCUS: ULOa. to understand standards to be implemented in a
workplace with a long exposure to noise hazards ................................................. 200
Metalanguage ............................................................................................................................ 200
Essential Knowledge ................................................................................................................. 201
Noise Standards......................................................................................................................... 201
Noise Exposure Assessment ..................................................................................................... 205
Hierarchy of Noise Controls ..................................................................................................... 207
Noise Control Engineering ....................................................................................................... 208
Let’s Check ................................................................................................................................. 222
Let’s Analyze .............................................................................................................................. 223
In a Nutshell ............................................................................................................................... 224
BIG PICTURE IN FOCUS: ULOb. to know the rules and regulations to be implemented in a
workplace to have a healthy and safety working environment. ................................ 225
Metalanguage ............................................................................................................................ 225
Essential Knowledge ................................................................................................................. 228
Implementing Rules and Regulations of RA 11058 ................................................................ 228
Let’s Check ................................................................................................................................. 248
Let’s Analyze .............................................................................................................................. 249
In a Nutshell ............................................................................................................................... 250
BIG PICTURE IN FOCUS: ULOc. To understand the rules and regulations in Retail Trade
Business. ......................................................................................................................... 251
Metalanguage ............................................................................................................................ 251
Essential Knowledge ................................................................................................................. 253
Let’s Check ................................................................................................................................. 261
References: ................................................................................................................................ 262
College of Engineering Education
2nd Floor, BE Building
Matina Campus, Davao City
Telefax: (082)296-1084
Phone No.: (082)300-5456/300-0647 Local 133
Course Outline: CHE 545 – ChE Laws, Contracts and Ethics
Course Coordinator:
Engr. James Mark M. Gallawan
Email:
jamesmarkgallawan@gmail.com
Student Consultation:
Thru email, LMS, Facebook and Phone Calls
Mobile:
09613968772
Phone:
Effectivity Date:
(082) 296 -1084 /305-0646 local 133
May 25, 2020
Mode of Delivery:
Blended (On-Line with face to face or virtual sessions)
Time Frame:
54 Hours
Student Workload:
Expected Self-Directed Learning
Requisites:
None
Credit:
3
Attendance Requirements:
A minimum of 95% attendance is required at all
scheduled Virtual or face to face sessions.
Course Outline Policy
Areas of Concern
Details
Contact and Non-contact Hours
This 3-unit course self-instructional manual is
designed for blended learning mode of instructional
delivery with scheduled face to face or virtual
sessions. The expected number of hours will be 54
including the face to face or virtual sessions. The
face to face sessions shall include the summative
assessment tasks (exams) since this course is also a
part in the licensure examination for chemical
engineers.
Assessment Task Submission
Submission of assessment tasks shall be on 3rd ,5th
,7th, and 9th week of the term. The assessment paper
shall be attached with a cover page indicating the
title of the assessment task (if the task is
performance), the name of the course coordinator,
date of submission and name of the
student. The document should be emailed to the
course coordinator. It is also expected that you
already paid your tuition and other fees before the
submission of the assessment task.
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College of Engineering Education
2nd Floor, BE Building
Matina Campus, Davao City
Telefax: (082)296-1084
Phone No.: (082)300-5456/300-0647 Local 133
If the assessment task is done in real time through
the features in the Blackboard Learning
Management System, the schedule shall be
arranged ahead of time by the course coordinator.
Since this course is included in the licensure
examination for teachers, you will be required to
take the Multiple- Choice Question exam inside the
University. This should be scheduled ahead of time
by your course coordinator. This is non-negotiable
for all licensure-based programs.
Turnitin Submission (if necessary)
To ensure honesty and authenticity, all assessment
tasks are required to be submitted through
Turnitin with a maximum similarity index of 30%
allowed. This means that if your paper goes beyond
30%, the students will either opt to redo her/his
paper or explain in writing addressed to the course
coordinator the reasons for the similarity. In
addition, if the paper has reached more than 30%
similarity index, the student may be called for a
disciplinary action in accordance with the
University’s OPM on Intellectual and Academic
Honesty.
Please note that academic dishonesty such as
cheating and commissioning other students or
people to complete the task for you have severe
punishments (reprimand, warning, expulsion).
Penalties for Late Assignments/Assessments
The score for an assessment item submitted after
the designated time on the due date, without an
approved extension of time, will be reduced by 5%
of the possible maximum score for that assessment
item for each day or part day that the assessment
item is late.
However, if the late submission of assessment
paper has a valid reason, a letter of explanation
should be submitted and approved by the course
coordinator. If necessary, you will also be required
to present/attach evidences.
Return of Assignments/ Assessments
Assessment tasks will be returned to you two (2)
weeks after the submission. This will be returned by
email or via Blackboard portal.
For group assessment tasks, the course coordinator
will require some or few of the students for online
or virtual sessions to ask clarificatory questions to
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College of Engineering Education
2nd Floor, BE Building
Matina Campus, Davao City
Telefax: (082)296-1084
Phone No.: (082)300-5456/300-0647 Local 133
validate the originality of the assessment task
submitted and to ensure that all the group members
are involved.
Assignment Resubmission
You should request in writing addressed to the
course coordinator his/her intention to resubmit an
assessment task. The resubmission is premised on
the student’s failure to comply with the similarity
index and other reasonable grounds such as
academic literacy standards or other reasonable
circumstances e.g. illness, accidents financial
constraints.
Re-marking of Assessment Papers and Appeal
You should request in writing addressed to the
program coordinator your intention to appeal or
contest the score given to an assessment task. The
letter should explicitly explain the reasons/points
to contest the grade. The program coordinator shall
communicate with the students on the approval and
disapproval of the request.
If disapproved by the course coordinator, you can
elevate your case to the program head or the dean
with the original letter of request. The final decision
will come from the dean of the college.
All culled from BlackBoard sessions and traditional
Contact:
❖ Course discussions/exercises – 40%
❖ 1st Formative assessment – 10%
❖ 2nd Formative assessment – 10%
❖ 3rd Formative assessment – 10%
All culled from on-campus/onsite sessions (TBA):
❖ Final exam – 30%
Grading System
Submission of the final grades shall follow the usual
University system and procedures.
Preferred Referencing Style
College of Engineering Education referencing style
will be based on Institute of Electrical and
Electronics Engineers (IEEE) referencing format.
Student Communication
You are required to create a umindanao email
account which is a requirement to access the
BlackBoard portal. Then, the course coordinator
shall enroll the students to have access to the
materials and resources of the course. All
communication formats: chat, submission of
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College of Engineering Education
2nd Floor, BE Building
Matina Campus, Davao City
Telefax: (082)296-1084
Phone No.: (082)300-5456/300-0647 Local 133
assessment tasks, requests etc. shall be through the
portal and other university recognized platforms.
You can also meet the course coordinator in person
through the scheduled face to face sessions to raise
your issues and concerns.
For students who have not created their student
email, please contact the course coordinator or
program head.
Contact Details of the Dean
Dr. Charlito L. Cañesares
Email: clcanesares@umindanao.edu.ph
Phone: 09562082442
Contact Details of the Program Head
Engr. Ramiro Emerson C. Amon
Email: ramiro_amon@umindanao.edu.ph
Phone: 09566929029
Students with Special Needs
Students with special needs shall communicate
with the course coordinator about the nature of his
or her special needs. Depending on the nature of the
need, the course coordinator with the approval of
the program coordinator may provide alternative
assessment tasks or extension of the deadline of
submission of assessment tasks. However, the
alternative assessment tasks should still be in the
service of achieving the desired course learning
outcomes.
Online Tutorial Registration
Online tutorial will be done thru LMS.
CEE Blackboard Administrator
Engr. Jetron J. Adtoon
Email: jadtoon@umindanao.edu.ph
Phone:09055267834
Help Desk Contact
CEE
Frida Santa O. Dagatan
cee@umindanao.edu.ph
09562082442
082-2272902
GSTC
Ronadora E. Deala, RPsy,RPm,RGC,LPT
ronadora-deala@umindanao.edu.ph
09212122846
iv
College of Engineering Education
2nd Floor, BE Building
Matina Campus, Davao City
Telefax: (082)296-1084
Phone No.: (082)300-5456/300-0647 Local 133
Library Contact
Head of LIC
Brigida E. Bacani
Email :library@umindanao.edu.ph
Phone:09513766681
Course Information – see/download course syllabus in the Black Board LMS
CC’s Voice: Hello prospective Chemical Engineers. Welcome to the course CHE 545: ChE
Laws, Contracts and Ethics. By now, you have already envisioned yourself
as an engineer working with different chemical plants and industries such
as design companies, food and beverages industries, construction
companies, pharmaceutical companies and even in energy sectors. As an
engineer, we must be knowledgeable to all the rules and regulations, code
of ethics, environmental laws, and standards that we must abide as we
practice our profession.
CO
CO1. Identifies the proper requirements on safety, health, and
environment that must be considered in the preparation of plans, studies,
and projects which have to be complied in the operations of the industrial
facilities.
CO2. Discuss the relevant laws, decrees and other regulatory requirements
that will be needed in the practice of the chemical engineering profession
as well as the social and ethical responsibilities of the profession.
Let us begin!
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College of Engineering Education
2nd Floor, BE Building
Matina Campus, Davao City
Telefax: (082)296-1084
Phone No.: (082)300-5456/300-0647 Local 133
BIG PICTURE I
Week 1-3: Unit Learning Outcomes (ULO): At the end of the unit, you are expected to:
a. to understand the implementing rules and regulations of the chemical
engineering law as well as the code of ethics of the chemical engineering
profession;
b. to be knowledgeable in the underlying principles of the laws of contract,
core elements of the contract and its function in engineering profession.
BIG PICTURE IN FOCUS: ULOa. To understand the implementing rules and
regulations of the chemical engineering law as well as
the code of ethics of the chemical engineering
profession.
Metalanguage
Below are the essential terms that you are going to encounter in the pursuit of
understanding the implementing rules and regulations of the chemical engineering law
as well as the code of ethics of the chemical engineering education. You are strongly
advised to frequently refer to these definitions to help you understand the succeeding
discussions.
1. Practice of chemical engineering shall mean the rendering or offering of
professional chemical engineering service for a fee, salary, reward or
compensation, paid to him or through another person, or even without such
reward or compensation. The term shall be synonymous with the term “rendering
chemical engineering service.”
2. Industrial plant shall mean any plant in which a unit process and/or operations
are involved, including the related pollution control and abatement processes or
operations.
3. Unit process shall mean the chemical change which is involved in the
manufacture of industrial or consumer products or the treatment of industrial or
chemical wastes.
4. Unit operation shall mean the physical operation by which a desired step in an
industrial process is conducted or controlled. This includes, but is not limited to:
storage of gases, liquids, solids, heat transfer, evaporation; mass transfer, i.e.
distillation, absorption, adsorption, drying, humidification, extraction, leaching,
mixing and dispersion, separation, i.e., filtration, screening, molecular sieving and
coalescing.
5. Professional chemical engineering subjects shall mean any of the following and
similar chemical engineering topics: chemical engineering thermodynamics;
chemical engineering calculations; physical and chemical principles; industrial
processes; momentum transfer; heat transfer; mass transfer; industrial waste
management and control; process equipment and plant design; and biochemical
engineering and bio-engineering; and
6. Chemical engineer shall mean a person duly registered and a holder of a valid
Certificate of Registration and Professional Identification Card issued by the Board
of Chemical Engineering and the Professional Regulation Commission.
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College of Engineering Education
2nd Floor, BE Building
Matina Campus, Davao City
Telefax: (082)296-1084
Phone No.: (082)300-5456/300-0647 Local 133
7. Inimical. Tends to obstruct or harm
8. Motu Propio. Describes an official act taken without any formal request from
another party.
Essential Knowledge
To perform the aforesaid big picture (unit learning outcomes), you need to
understand the necessary rules and regulation that are in need to be follow in the
conduct of your profession that will be laid down in the succeeding pages. Please
note that you are not limited to exclusively refer to these resources. Thus, you are
expected to utilize other books, research articles and other resources that are
available in the university’s library e.g. ebrary, search.proquest.com etc.
Practice of Profession in the Philippines (PRC Law)
The Professional Regulation Commission (PRC), a national government agency
that mandates to enforce the laws regulating various profession in the Philippines was
established on June 22, 1973 and signed by President Ferdinand Marcos under PD No.
233 and was operational on January 4, 1974. Prior to PRC, it was then called as Office of
the Board of Examiners under Republic Act No. 546 (June 17,1950).
On December 5, 2000, PRC Modernization Act of 2000 (RA No. 8981) was signed
by President Joseph Ejercito Estrada which focused its goals to a customer-centered
service, fully computerized modernization and re-structuring while ensuring a more
reliable and integrated licensure examinations as well as protection and promotion of
the Filipino Professionals. As of today, there are forty-three (43) Professional Regulatory
Boards (PRB) in the different fields that the PRC regulates and supervise the practice of
the profession and in the conduct of its licensure examination.
Chemical Engineering Law (RA 9297)
Chemical Engineering is one of the forty-three PRB that the PRC regulates and
supervised. RA 9297 also known as the Chemical Engineering Law, which regulates the
practice of Chemical Engineering profession in the Philippines. Chemical Engineering
Law was signed and approved by President Gloria Macapagal-Arroyo on May 13, 2004
which consist the implementing rules and regulations in the practice of the profession.
Article I of RA 9297 entails the scope of practice of the chemical engineering
profession, from and will not limit to consultation requiring the knowledge, skill and
proficiency of a chemical engineer, investigation, designing, feasibility studies, planning
and estimation, preparation of design/ product specifications , installation supervision,
operation including management quality operation however excludes chemical
laboratory analysis and operation in the chemical laboratory, and lastly in research and
development.
Article II on the other hand, Creation of the Professional Regulatory Board was
established. As such, in Sec. 5, this entails the composition of the board of Chemical
Engineering, that operates under the supervision of PRC must consists of a chairman
and two (2) members to be appointed by the President of the Philippines. See Table 1.
Chemical Engineering Professional Regulatory Board.
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College of Engineering Education
2nd Floor, BE Building
Matina Campus, Davao City
Telefax: (082)296-1084
Phone No.: (082)300-5456/300-0647 Local 133
Table 1. Chemical Engineering Regulatory Board
Chemical Engineering Professional Regulatory Board
Composition of the Board
(1) Chairman
(2) Members
Power and Duties of the
Board
a. Supervise and regulate the practice of the
chemical engineering profession;
b. Determine and evaluate the qualifications of the
applicants for registration;
c. Prescribe the subjects in the licensure
examination; determine the syllabi of the
subjects and their relative weighs; construct the
test questions in the examination; score and rate
the examination papers; and submit the
examination results to the Commission;
d. Issue together with the Commission Certificates
of Registration and Professional Identification
Card to applicants who have passed the licensure
examinations for registered chemical engineers;
e. Issue special permits to persons admitted to the
practice of the profession and Certificate of
Recognition for advance studies and researches
and accomplishments in the profession that
contribute to its enrichment;
f. Inquire into the conditions affecting the practice
of the profession and adopt measures for the
enhancement and maintenance of a high
professional, ethical and technical standard.
Pursuant thereto, the Board may inspect
establishments where chemical engineers
practice their profession, such as factories,
plants, offices and the like in order to determine
and enforce compliance with the provisions of
this Act and issue Certificates of Compliance;
g. In coordination with the Commission on Higher
Education (CHED), inspect the facilities, faculty,
equipment and other aspects directly related to
the chemical engineering program of educational
institutions;
h. Adopt rules and regulations for the practice of
chemical engineering;
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College of Engineering Education
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i.
Adopt a Code of Ethics and a Code of Technical
Standards for the practice of chemical
engineering;
j.
Investigate, in accordance with the rules on
administrative investigation promulgated by the
Commission, violations of this Act and its
implementing rules and regulations, the Code of
Ethics and the Code of Technical Standards for
chemical engineers, administrative polices,
orders and issuances promulgated by the Board;
k. Issue subpoena and subpoena duces tecum to
secure the attendance of witnesses or the
production of documents in connection with any
administrative case before the Board;
l.
Hear and decide administrative cases filed
against chemical engineers and firms employing
chemical engineers. The hearing shall be
presided by the Chairman or a Member of the
Board with the assistance of an Attorney of the
Commission. Any decision shall be concurred in
by at least a majority of the Board. Decisions of
the Board may be appealed to the Commission
within fifteen (15) days from notice, otherwise
such decisions shall become final and executory;
m. Administer oaths in connection with the
performance of its functions;
n. Adopt an official seal and prescribe the seal of the
chemical engineering profession;
o. Submit an annual report on the proceedings and
accomplishments during the year and/or
recommendations of the Board to the
Commission thirty (30) days after the close of
each calendar year;
p. Prosecute or institute criminal action against any
violator of this Act and/or rules and regulations
of the Board;
q. Prescribe guidelines and criteria on the
Continuing Professional Education (CPE)
program for chemical engineers in consultation
with the integrated and accredited chemical
engineering organizations; and
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College of Engineering Education
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Telefax: (082)296-1084
Phone No.: (082)300-5456/300-0647 Local 133
r. Perform such other functions as may be
necessary in order to implement the provisions
of this Act.
Qualification of the Board
Chairman and Members
a. A natural-born Filipino citizen and resident of
the Philippines;
b. At least a holder of a bachelor`s degree in
chemical engineering or its equivalent, as
conferred by an engineering school of good
standing, recognized and accredited by the
Government;
c. A registered chemical engineer who has been in
active practice for at least ten (10) years;
d. member of good standing of the integrated and
duly accredited national chemical engineering
profession; and
e. A person who does not have any pecuniary
interest, directly or indirectly in any university,
college, school or institution conferring an
academic degree necessary for admission to the
practice of chemical engineering or where
review classes in preparation for the licensure
examination are being offered or conducted; nor
shall he be a member of the faculty or of the
administration thereof at the time of his
appointment to the Board.
Term of Office
The Chairman and the Members of the Board shall have
a term of three (3) years only, with reappointment.
Secretary of the Board
The Board shall have a Secretary, appointed by the
Commission, who shall record the minutes of its
meetings and perform such other functions as the Board
may require. The Commission shall provide for a
compensation of the Secretary.
Removal/Suspension of
the
Chairman
and
Members.
The Chairman or any Member of the Board may be
suspended or removed by the Commission for neglect of
duty, incompetence, commission or tolerance of
irregularities in the licensure examination, malpractice
or unprofessional or unethical conduct, after due notice
and hearing where his right to be heard, to defend
himself and to be assisted by counsel shall be respected.
Chemical Engineering Licensure Examination
Article III of RA 9297 – Chemical Engineering Law states the implementing rules
and regulations in the conduct of the Chemical Engineering Licensure Examination, the
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College of Engineering Education
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Telefax: (082)296-1084
Phone No.: (082)300-5456/300-0647 Local 133
general qualifications, general instructions and registration and syllabi of the
examination. Before a chemical engineering student may practice his/her profession,
he/she must first pass the Chemical Engineering Licensure Examination conducted and
supervise by PRC.
I.
General Qualification for Examination
In order to apply admission to chemical engineering licensure examination, a
person must be a Filipino Citizen with good moral character and a graduate of
BS Chemical Engineering degree from a certified and recognized educational
institution in the Philippines. Additionally, he must have any records that go
against the moral and law’s jurisdiction.
II.
General Instructions
In the conduct of the Chemical Engineering Licensure Examination, all
examinees must follow and abide to the following instructions below:
1. Only the Chemical Engineering Handbook by Perry, et al. any edition
SHALL BE ALLOWED TO BE OPENED AND USED AS REFERENCE
DURING EACH EXAMINATION DAY inside the examination room. All
excess books and printed, handwritten or mimeographed notes,
solutions, reviewers, bound or unbound, shall not be permitted inside
the room.
2. Only hand-held electronic calculators, WHICH ARE NOT programmable,
shall be allowed in the examination room. Personal computers, laptop,
and higher types of calculating medium shall not be allowed. (For Full
reference, please see the complete list of Allowable Calculators in the
Official PRC website).
3. Only writing materials [ballpen of only one color, whether blue, blueblack, or black, and two more pencils (No. 1) for blackening or shading
Examinee’s Identification/Answer Sheet Set, hand carried food and
lady’s handbag or clutch bag may be allowed subject to inspection by the
examination proctor or guard.
4. One piece of long brown envelope and one mailing envelope with stamp
shall be brought by the examinee.
5. Examinees shall not be allowed to leave the examination room, except to
go to the comfort room, in which case the examinees shall be
accompanied by a proctor or guard. Use of the comfort room shall be
limited to only one (1) examinee at a time.
6. Examination papers shall be submitted in order after each test and
arranged chronologically and not folded or creased.
7. Examinee shall secure the instruction sheet on how to accomplish and
handle the Examinees Identification/ Answer Sheet Set and sample
sheets for practice. Those sheets can be secured from the Application
Division when the examinee comes back for the room assignment.
8. Room assignments are posted at the PRC premises one or two days
before the first day of the examination.
III.
Scope of Examination
The Chemical Engineering Licensure Examination is a three-day series of
examination from General Engineering Education Courses, Physical and
Chemical Principles of Chemical Engineering and Chemical Engineering
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Courses. This examination will determine the examinees knowledge and
understanding of the concepts, principles, terminologies and application of
these concepts and principles to chemical engineering profession by solving the
problems that examinee may encountered in each particular subject in the
licensure examination. These courses are as follows:
A. Physical and Chemical Principles
In Physical and Chemical Principles, the examinee will answer sets of
questions and problems from the following courses:
❖ General Inorganic Chemistry
❖ Organic Chemistry
❖ Analytical Chemistry
❖ Physical Chemistry
❖ Chemical Engineering Thermodynamics
B. General Engineering Education
In general engineering education, the examinee will answer sets of problems
from the following courses:
❖ Mathematics: Algebra, Trigonometry, Analytical Geometry,
Differential and Integral Calculus, Differential Equation and Statistics
and Probability Theory
❖ Physics
❖ Engineering Mechanics
❖ Strength of Materials
❖ Engineering Economics
C. Chemical Engineering
In chemical engineering, the examinee will answer sets of questions and
problems from these following courses:
❖ Chemical Engineering Calculations
❖ Reaction Kinetics
❖ Unit Operations: Fluid Mechanics, Heat, Mass and Momentum
Transfer, Separation Process and Stage-wise Operations
❖ Plant Design
❖ Chemical Process Industries
❖ Biochemical Engineering
❖ Environmental Engineering
❖ Instrumentations and Process Control
❖ Laws, Contracts and Ethics
IV.
Report of Rating and Issuance of Certificate of Registration and
Professional Identification Card
Upon the completion of the examination, the board are task to complete
the correction of the examination papers within twenty (20) days from the last
day of the examination. Additionally, the commission must report the rating of
the examinees not more than (30) days after the board has completed the
corrections of the papers.
In order to be a certified chemical engineer, an examinee must render a general
average rating of no less than Seventy Percent (70%) with no below fifty percent
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V.
(50%) rating in all of the areas of the examination. A Professional Identification
Card will be given to the successful passer after he/she completed his/her
registration to the commission.
Suspension or Revocation of Certificate of Registration and Certificate of
Compliance
A chemical engineer in practice may subjected to suspension or revocation
of his/her license as a chemical engineer if he/she committed these following
acts of deviance:
1. Any act of misrepresentation in connection with an alleged performance of
chemical engineering devices;
2. Acts inimical to the chemical engineering profession; and
3. Gross immorality or commission of any act involving moral turpitude.
Complaints against registered chemical engineers and firms employing
chemical engineers may be filed by any person or by the Board motu propio.
Complaints shall be in writing and sworn to by the persons executing them.
Complaints shall be filed with the Secretary of the Board
VI.
Reissuance of Revoked Certificate of Registration or Certificate of
Compliance and replacement of lost Certificates
The Professional Regulatory Board holds the right to reissue a revoked
Certificate of Registration or Certificate of Compliance if the person officially file
a formal and proper petition of reissuance and the board viewed the petition
reasonable and appropriate all according to the rules and regulation of the act.
Additionally, in any case in which these certifications were damaged, lost,
destroyed or mutilated, the holder may request a replacement as long as he/she
complied for the appropriate fees.
Practice of Chemical Engineering Profession
All chemical engineers who passed the chemical engineering licensure
examination and had completed the registration to the commission are automatically
be able to practice the chemical engineering profession and can use the title “Chemical
Engineers”. Thus, any person who does not have a valid certification of being a chemical
engineer must not provide or render any services. In addition, any proposal, design,
specification or working plans of an industrial plant or any parts submitted to any
government agency will not be approved or processed unless it was signed by a
chemical engineer with affixed seal and registration number. Lastly, a newly registered
chemical engineer is automatically be a member to an accredited professional
organization and will received the benefits upon completion of the required fees and
dues.
Any person who will violate the provisions stated in RA 9297 known as the
chemical engineering law will be subjected to a fine of not less than Ten Thousand
Pesos (10,000) but not more than One Million Pesos (1 000 000) or imprisonment of
not less than six (6) months but not more than five (5) years or both when proven guilty
of misdemeanor and deviance.
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Code of Ethics of Chemical Engineers
Chemical engineers must abide the following code of ethics in the conduct of the
chemical engineering profession in order to preserve the honor and integrity of the
profession and to promote the wellness of the Filipino Chemical Engineers:
Section 1: The Chemical Engineer shall be guided in all his relations by the highest
standards of honor and integrity and shall act with fairness and
impartiality to all.
Section 2: The chemical engineer shall uphold at all times the dignity of the chemical
engineering profession and shall protect it from misrepresentation.
Section 3: The chemical engineer shall avoid being associated with any enterprise
which is of questionable character or is contrary to law or public welfare.
Section 4: The chemical engineer shall express a professional opinion only when he is
adequately informed of the facts related thereto and the purposes for
which the opinion is asked.
Section 5. The chemical engineer shall not issue statements, criticism or arguments on
matters of public concern which are inspired or paid for by private
interests, unless he indicates in whose behalf he is making the statement.
Section 6. The chemical engineer shall not indulge in self-laudatory advertisement nor
make exaggerated, untrue or misleading statements in media or any public
forum.
Section 7. The chemical engineer shall be mindful of the safety and convenience of the
public at all times and shall make every effort to remedy or bring to the
attention of his client or employer any dangerous defect in equipment or
structures or dangerous conditions of operation which come to his
knowledge.
Section 8. The chemical engineer shall consider it his professional obligation to protect
the interest of his client, employer or any person of responsibility and he
shall act accordingly as long as it does not conflict with law, public policy,
and welfare.
Section 9. The chemical engineer shall make known to his client or employer all his
other professional obligations, financial interests, or other considerations
which might restrict or interfere with his meeting the legitimate
expectations of his client or employer before undertaking an engagement.
Section 10. The chemical engineer shall not accept compensation, financial or
otherwise form more than one client or employer who is in the same line
of business or has conflicting interest with the others, without the consent
of all parties; he shall not accept compensation directly or indirectly from
parties dealing with his client or employer except with the consent of his
client or employer.
Section 11. The chemical engineer shall present clearly the consequences or risk that
will arise if his professional judgement or work, for which he is
responsible, is overruled.
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Section 12. The chemical engineer shall not hesitate to engage, or advise his client or
employer to engage the services of other experts or specialists on
problems on which his information or experience is inadequate.
Section 13. The chemical engineer shall regard as the property of his client or employer
any plan, design, or other record which results from the use of information
which is not common knowledge or public property, but which
information is obtained from his client or employer.
Section 14. The chemical engineer shall exchange general information and experience
with his fellow chemical engineers, contribute to the work of engineering
societies and schools, and cooperate in such other endeavors as will
enhance the effectiveness of the chemical engineering profession.
Section 15. The chemical engineer shall encourage and provide opportunity for the
professional development or advancement of chemical engineers in his
employ.
Section 16.The chemical engineer shall recognize the view that inadequate
compensation for professional services ten toward inferior and unreliable
work and shall not accept compensation beneath the generally accepted
level of professional fee.
Section 17. The chemical engineer shall not compete with another engineer unfairly,
such as reducing his usual professional charges for work after having been
informed of the charges asked by others.
Section 18. The chemical engineer shall not injure or attempt to injure falsely or
maliciously, directly or indirectly, the professional reputation,
competence, capability, prospects, or practice of another professional.
Section 19. The chemical engineer shall endeavor at all times to give credit to those to
whom credit is properly due.
Section 20. The chemical engineer shall not review the work of another chemical
engineer for the same client or employer without the prior knowledge and
consent of such engineer when the client or employer relation of such
chemical engineer has already been terminated, prior notice is sufficient.
Section 21. The chemical engineer shall report any infraction of any rules of
professional conduct to the Philippine Institute of Chemical Engineers
(PICHE) for proper appraisal and shall be ready to testify, if necessary.
Section 22. This Code shall take effect after fifteen (15) days following its publication
in the Official Gazette.
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Self-Help: You can also refer to the sources below to help you
further understand the lesson:
Engineering Laws of the Philippines with RELATED Laws. 1981.Rex Bookstore
Introduction to engineering ethics.Martin, Mike W..2nd.Boston :McGraw-Hill Higher
Education.2010
Martin, Mike S, & Schinizinger, Roland. Ethics in Engineers. (2005). 4th edition. Mc Graw
Hill
PRC, board of chemical Engineering Resolution No. 13, Series of 2004. 2005
Let’s Analyze
Activity 1. Essay
In this activity, you will draw your deep knowledge on the factors that may affect the
results in the board examination of the chemical engineering program. As such, you
must deliver your answer briefly yet concise. Additionally, write your answer legibly
and clearly.
Question:
Chemical Engineering Board Examination here in the Philippines happen twice every
year, on May and in November respectively, however recently there is a change in the
scheduling of the exam. This result to a much earlier schedule since the examination on
November was changed to October. On the other hand, among all the bachelor program
that has a Licensure Examination, chemical engineering board exam national passing
rate remain low. What do you think would be the reason of this scenario? Does moving
the exam a bit earlier would affect the national passing rate of the Chemical Engineering
Licensure Exam; better or worse, what do you think?
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In a Nutshell
Activity 1: Self-Evaluation
In the practice of chemical engineering profession, there are dos and don’ts that a
person must follow. In your opinion, what are the FIVE (5) core characteristics/values
of a good chemical engineer must have? Why?
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5. ______________________________________________________________________________________________
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References:
Code of Ethics (n.d.). Retrieved from http://www.geocites.ws/pichenat/codeofethics
Republic Act 8291 (2000). PRC Modernization Act of 2000. [PDF File]
Republic Act 9297 (2004). Chemical Engineering Law. [PDF File]
Professional Regulatory Laws: Professional Regulation Commission. (n.d.). Retrieved
from https://www.prc.gov.ph/history
BIG PICTURE IN FOCUS: ULOb. to be knowledgeable in the underlying
principles of the laws of contract, core elements
of the contract and its function in engineering
profession.
Metalanguage
Below are the essential terms that you will frequently encounter in the succeeding
discussion in the pursuit of understanding the principles of the laws of contract and its
function in engineering profession. For a better understanding of the topics being
discussed below, you are strongly advised to refer to these definitions.
Commodatum Contract. A contract, by which one of the parties binds himself to return
to the other certain personal chattels which the latter delivers to him, to use by
him, without reward; loan-for use.
Contract. A written or spoken agreement, especially one concerning sales, employment,
or tenancy that is intended to be enforceable by law.
Enforceable Contract. Any legal contract which carries the force of law behind it. It is a
legal agreement between two parties which is legal binding and is not restricted
by any laws.
Fraud. A wrongful act or criminal deception intended to result in financial or personal
gain.
Litigation. A process of taking legal action for handling disputes in the court system.
Litigation is a contested action, where someone else, such as a judge may make
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the final decisions for the parties unless the parties settle before trial.
Settlement can happen at any point during the process.
Mortgage Contract. A contract between a borrower (mortgagor) and the lender
(mortgagee) where a lien is created on the property in order to secure
repayment of the loan.
Obligation. An act or course of action to which a person is morally or legally bound; a
duty or commitment.
Rescissible Contract. A contract that was entered into legally by the contracting parties
but has resulted in economic damage to one of the parties or an outside party.
The court can therefore rescind, or set aside, the contract for equitable reasons.
Unenforceable contract. A written or oral agreement that will not be enforced by
courts.
Voidable Contract. A contract that is valid but can be declared invalid at the request of
one of the parties because of a defect or illegality of making it.
Essential Knowledge
To perform the aforesaid big picture (unit learning outcomes), you need to
understand the underlying principles of the law of contract, the core elements of
contract, forms and types contracts. Please note that you are not limited to
exclusively refer to these resources. Thus, you are expected to utilize other books,
research articles and other resources that are available in the university’s library e.g.
ebrary, search.proquest.com etc.
Contract
A contract is a voluntary arrangement between two or more parties that is
enforceable at law as a binding legal agreement. Contract is a branch of the law of
obligations in jurisdictions of the civil law tradition. A contract arises when the parties
agree that there is an agreement thus it can be used in the legal system to ensure that
both parties of an agreement are equally compensated for their work, goods or
money. Additionally, contracts are legal agreements that may or may not be written.
The Law of Contract
(Article 1305-1422)
Article 1305 of Republic act no. 386 “Civil Code of the Philippines”, states that a
contract is a meeting of minds between two persons whereby one binds himself, with
respect to the other, to give something or to render some service. For instance, a contract
is form when the two parties agreed to the terms, rules and regulations mandated by the
two parties. That he/she must abide all the rules and regulations being stated in the
contract and being held liable in case of violation from either one of the parties.
Characteristics of a Contract
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There are five characteristics of a contract; autonomy of the contract, mutuality of
contracts, relativity of a contract, consensuality of contracts and the obligatory force of
contract.
1. Autonomy of the Contract
Republic Act no. 386, article 1306 of the “Civil Code of the Philippines”, the
contracting parties may establish such stipulations, clauses, terms and conditions as
they may deem convenient, provided they are not contrary to law, morals, good
customs, public order, or public policy. Hence, the autonomy of a contract is form
when parties are free to stipulate terms and provisions in a contract, as long as these
terms and provisions are not contrary to law, morals, good customs, public order and
public policy.
2. Mutuality of contracts
It is form when a contract must bind both contracting parties thus its validity
or compliance cannot be left to the will of one of them (article.1308). Thus, a contract
is said to be valid, if both parties commit to the said contract by affixing their
authorization such as signature. If either one of the both parties doesn’t affix their
authorization, the said contract is invalid unless he/she will do so. Moreover, a
contract must not restraint either of the two parties nor create a biased stipulation.
Example:
In an employment contract between A and B, the latter agreed that for a period
of five years after the termination of his employment, he shall neither engage or
interest himself in any business enterprise similar to or in competition with those
operated by A, nor enter into the employment of any enterprise in the Philippines,
except after obtaining the written permission of A.
For instance, this agreement is void because it is contrary to public policy. The
agreement is clearly one in undie or unreasonable restraint of trade. It is not
necessary for the protection of A. Besides, it would practically force B to get out of
the country in order to obtain a livelihood in case should decline to give him a written
permission to work elsewhere in the country.
In order to claim that an agreement is valid, the following valid stipulations
must be followed in an employment contract:
A. Non-competition agreements – those that impose restrictions on an employer ‘s
ability to compete with a former employer are valid as long as:
i. It is supported by adequate consideration;
ii. The restraint is confined within the limits that are reasonably necessary for
the protection of the employer ‘s business
iii. Restraint does not impose undue hardship on the employee.
B. Non-solicitation agreements – requirement to newly-hired employees to sign a
non-solicitation agreement to obligate the employee not to solicit contacts and fellow
employees of the employer. Non-solicitation agreements run for an indefinite period.
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C. Confidentiality – imposes upon an employee a duty to keep confidential trade
secrets and other confidential company information during employment and after
employment. This may also run for an indefinite period.
3. Relativity of a Contract
Contracts are binding only upon the parties and their successors-in-interest.
However, there are exceptions;
i.
Stipulation in favor of a third person (stipulation pour autrui) as in a
beneficiary of an insurance policy.
Contracts take effect only between the parties, their assigns and heirs,
except in case where the rights and obligations arising from the contract
are not transmissible by their nature, or by stipulation or by provision of
law. The heir is not liable beyond the value of the property he received from
the decedent.
If a contract should contain some stipulation in favor of a third person, he
may demand its fulfillment provided he communicated his acceptance to
the obligor before its revocation. A mere incidental benefit or interest of a
person is not sufficient. The contracting parties must have clearly and
deliberately conferred a favor upon a third person.
ii.
A contract must create real rights.
iii.
Violation of a contract
The third person is liable to pay damages in case he induces a party to violate his
contract.
Stipulation pour autrui (stipulation in favor of a third person) will prosper as long as
the following requisites are present:
a. It must be for the benefit or interest of the third person;
b. Such benefit must not be merely incidental; Contracting parties must clearly
and deliberately confer such benefit or interest upon the third person
c. That the third person must have communicated his acceptance to the obligor
before his revocation.
4. Consensuality of a Contract
Contracts are perfected by mere consent and no form is prescribed by law for
their validity. At the moment that the contract is validated, both parties are bound
not only to the fulfillment of what has been expressly stipulated but also to all the
consequences which, according to their nature, may be in keeping with good faith,
usage and law. However, it has exceptions such as real contracts (eg. Pledge, deposit,
mortgage and etc.) and contracts that are covered under the statute of frauds.
5. Obligatory Force of Contracts
Contracts constitutes the law as between the parties who are compelled to
perform under the threat of being sued in the courts of law. Both parties will be
bounded by the rules and regulation stipulated in the contract and any attempt that
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will breach the contract will be penalized depending on the severity of the violation
agreed by both parties.
Classification of Contracts
Contracts are classified into 9 classifications and they are as follows; according to
their relations to the other contracts, according to their perfection, according to their
form, according to their purpose, according to their subject matter, according to the
nature of the vinculum which they produce, according to their names or norms regulating
them, according to their cause and according to the risks involved.
Nine classification of contracts:
1. According to their relation to other contracts:
a. Preparatory -or those which have for their object the establishment of a
condition in law which is necessary as a preliminary step towards the
celebration of another subsequent contract. Examples – partnership,
agency, common carrier, insurance.
b. Principal – or those which can subsist independently from other contracts
and whose purpose can be fulfilled by themselves. Examples – sale, lease,
common carrier, insurance.
c. Accessory – or those which can exist only as a consequence of, or in relation
with, another prior contract. Examples – pledge, mortgage.
2. According to their perfection
a. Consensual – or those which are perfected by the mere agreement of the
parties. Examples – sale, lease.
b. Real – or those which require not only the consent of the parties for their
perfection, but also the delivery of the object by one party to the other.
Examples – commodatum, deposit, pledge.
3. According to their form
a. Common or informal – those which require no particular form. Example loan
b. Special or formal – or those which require some particular form. Examples
– donation, chattel mortgage.
4. According to their purpose
a. Transfer of ownership. Example – sale.
b. Conveyance of use. Example – commodatum.
c. Rendition of services. Example – agency, lease of services, labor.
5. According to their subject matter
a. Things. Examples – sale, deposit, pledge.
b. Services. Examples – agency, lease of services, labor.
6. According to the nature of the vinculum which they produce
a. Unilateral – or those which give rise to an obligation for only one of the
parties. Examples – commodatum, gratuitous deposit.
b. Bilateral – or those which give rise to reciprocal obligations for both
parties. Examples – sale, lease.
7. According to their cause
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a.
Onerous – or those in which each of the parties aspires to procure for
himself a benefit through the giving of an equivalent or compensation.
Examples – sale, insurance, common carrier.
b. Gratuitous – or those in which one of the parties proposes to give to the
other a benefit without any equivalent or compensation. Example –
commodatum.
8. According to the risks involved
a. Commutative – or those where each of the parties acquires equivalent of
his prestation and such equivalent is pecuniarily appreciable and already
determined from the moment of the celebration of the contract. Example –
lease.
b. Aleatory – or those where each of the parties has to his account the
acquisition of an equivalent of his prestation, but such equivalent, although
precuniarily appreciable, is not yet determined at the moment of the
celebration of the contract, since it depends upon the happening of an
uncertain event, thus charging the parties with the risk of loss or gain.
Example – insurance.
9. According to their names or norms regulating them
a. Nominate – or those which have their own individuality and are regulated
by special provisions of law. Examples – sale, lease, common carrier,
insurance, deposit, agency.
b. Innominate – or those which lack individuality and are not regulated by
special provisions of law. In the Roman Law, the innominate contracts were
classified into four groups: do ut des (I give and you give), do ut facias (I
give and you do), facio ut facias (I do and you do), and facio ut des (I do and
you do).
CONTRACT OF ADHESION
A contract of adhesion is defined as one in which almost all the provisions have
been drafted only by one party, usually a corporation or insurance company. The only
participation of the other party is the signing of his signature or his adhesion. Some
writers believe that such contract suppresses the will of one of the contracting parties,
hence not a true contract. However, this is not always juridically true. Normally, the party
who adheres to it is in reality free to reject entirely; if he adheres, then he gives his
consent. For example; an insurance contract, airline tickets or bill of lading for vessels,
and credit card application/contract.
Essential Elements of A Contract
There are three essential elements of a contract, they are consent, object certain
and the cause. For instance, consent is manifested by the meeting of the minds of the offer
and the acceptance upon the thing and the cause which are to constitute the contract.
Moreover, the offer must be certain and the acceptance is absolute. The second one is
object which is commonly known as the subject matter of the contract. Lastly, the cause
of the obligation in which the contract is established.
A. Consent
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It is manifested by the meeting of the offer (which must be definite) and
acceptance (which must be absolute) upon the thing and the cause which
constitute the contract.
Example:
1. Acceptance through telegram (or e-mail) shall bind the offer or from the time
it came to his knowledge.
2. An Option to Purchase may be withdrawn anytime if the option is without any
consideration (Reservation Fees) separate from the purchase price.
3. Invitations to Bid wherein advertisements for bidders are simply invitations
to make proposals and the advertiser is not bound to accept the highest or
lowest bidder unless the contrary appears.
Parties who are incapable of giving consent are minors, insane or demented
persons and deaf-mutes who do not know how to read and write. Moreover, there are
instances that will vitiate a consent. They are as follows;
1. Mistake. Unconscious ignorance or forgetfulness of the existence or nonexistence
of a fact, past or present, material to the contract. Example: Mistake of object,
mistake of identity.
2. Violence. There is violence when, in order to wrest consent, serious and
irresistible force is employed.
3. Intimidation. There is intimidation when one of the contracting parties is
compelled by a reasonable and well-grounded fear of an imminent or grave evil
upon his person or property or upon the person or property upon his spouse,
descendants, or descendants, to give his consent.
4. Undue Influence. There is undue influence when a person takes improper
advantage of his power over the will of another, depriving the latter of a
reasonable freedom of choice.
5. Fraud (Causal fraud). Insidious words or machinations are employed to induce
the party to enter into a contract, without which, he would not have entered into.
Usual exaggerations of trade when the other party had the opportunity to know
the facts are not fraudulent (LET THE BUYER BEWARE). Mere expression of
opinion does not signify fraud unless made by an expert and the other party relied
on the former‘s special knowledge.
B. Object
Object is the subject matter of the contract and the requisites of a valid object
are as follows:
1.
2.
3.
4.
5.
Lawful
Within the commerce of man
Possible
Determinate as to its kind
Must not be contrary to law, morals, good customs, public order, and public
policy.
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C. Cause
In onerous contracts, the cause is to be understood, for each contracting party,
the prestation or promise of a thing, or service by the other; in remuneratory ones,
the service or benefit which is remunerated; and in contracts of pure beneficence, the
mere liberality of the benefactor. A cause will be considered as valid if it true, it exists
and it must be lawful.
Example:
Mr. Danilo Santos bought 10 boxes of Fundador Brandy at a price of P10,000 pesos
per box from his supplier, Mr. John Smith, proprietor of Exquisite Wines & Brandy, Inc.
Determine the requisites of such contract of sale.
Answer:
In this scenario, the consent refers to the meeting of minds as when Mr. John Smith
(the seller) offered Mr. Danilo Santos (the buyer) to sell the 10 boxes of Fundador Brandy
at a price of P10,000 pesos per box and when Mr. Danilo Santos agreed to buy the said 10
boxes of Fundador Brandy at the price of P10,000 pesos per box. The object or subject
matter refers to the 10 boxes of Fundador Brandy at the price of P10, 000 pesos per box.
As to the seller, the cause is the price of P10, 000 pesos per box. As to the buyer, the cause
is the 10 boxes of Fundador Brandy.
Form Of Contracts
Contracts may be in any form because they are consensual in nature.
The following are the exceptions:
1. Real Contracts are perfected not by mere consent but by delivery. Example:
pledge, antichresis. For instance, antichresis, under civil law and Roman law, is a
contract whereby a debtor pledges (i.e., conveys possession but not title) real
property to a creditor, allowing the use and occupation of the pledged property, in
line of interest on the loan.
2. Donation of personal property exceeds P5, 000. It must be in writing,
otherwise, it is void.
3. Donation of real property. It must appear in a public instrument.
4. Chattel mortgage where registration in the chattel mortgage registry is required.
5. Contracts which are required to be in writing or in a memorandum to be
enforceable.
Example:
In case of sale of piece of land is made through an agent, the agent ‘s authority
must be in writing, otherwise the sale is void
Kinds of Defective Contracts
There are four kinds of defective contract namely rescissible, voidable,
unenforceable and void contracts.
A. Rescissible Contracts
Rescissible contracts are defective by reason of damage or lesion. In this kind of
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defective contract, mutual return is incumbent upon actual participants.
Rescission is instituted only when the party suffering damage has no other legal
means to obtain reparation for the same. The action must be commenced within 4
years.
Examples of rescissible contracts are as follows:
1. Those entered into by guardians whenever their wards represent lesion by
more than ¼ of the value of the thing.
2. Those agreed upon in representation of absentees, if the latter suffer lesion
stated in the preceding number.
3. Those undertaken in fraud of creditors
Grounds for Rescissible Contract
There are four grounds for rescission; lesion, fraud creditors, transfer of
property in litigation and transfer of insolvent. However, the ground for
rescission is the defect in the contract but a non-compliance of a binding and
enforceable contract.
1. Lesion is the injury suffered by one who does not receive a full equivalent
for what he gives in a commutative contract. Broadly speaking, lesion is
inequality of contracts. Lesion makes the contract rescissible if the
following sites are present:
•
•
•
•
If the lesion that was suffered is more than ¼ of the value of the thing
If the contract was entered by a guardian or a representative of an
absentee.
If the contract was entered into in behalf of the ward or the absentee
involving the ward or absentee’s property
If the contract does not require approval of the court and/or there is no
approval of the court.
Example:
Mr. A was appointed by the court as guardian of the minor, X. Mr. A sold the
vegetables that were planted in the lot of X. The value of the vegetables is Php. 5000.00
but Mr. A sold the vegetables for Php. 2000.00. The contract is rescissible because the
lesion is more than one-fourth. However, if Mr. A sold the lot of X without the court
approval, the sale of the lot is unenforceable even if there is a lesion.
2. The contract is in fraud creditors
The action to rescind a contract for being in fraud of creditor is called
accion pauliana. In addition to the requirements for rescission stated, it is
also necessary that the creditor must have in his favor a credit that existed
prior to the contract that is sought to rescinded and fraud must be
established since it is essential to be shown on both contracting parties that
have acted maliciously and with fraud and for the purpose of prejudicing
the creditor.
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Example:
A case in which Mr. A filed a case against Mr. B for a sum of money. Mr. A won and
the decision that Mr. B is liable became final. Mr. B transferred all his properties when he
learned about the decision. At the time of transfer, Mr. B is also indebted to Mr. C. The
transfer of all the properties of Mr. B is in fraud not only of Mr. A but also of Mr. C.
3. Transfer of Property in Litigation
A transfer of a property by a debtor to a third party may be deemed
fraudulent if a creditor has a pending or potential claim against the debtor.
Example:
Mr.A filed a case to recover his boat from Mr. B. While the case is pending, Mr. B
transferred the boat to Mr. C without notifying the court. The sale to Mr. C is rescissible.
In article 1381, paragraph no. 4, a contract is considered rescissible if those which refer
to things under litigation if they have been entered into by the defendant without the
knowledge and approval of the litigants or of competent judicial authority.
4. Transfer of Insolvent
Payment by an insolvent even if he cannot be compelled to pay at the time,
he made the payment is voidable. For instance, if the obligation is not yet
due but the insolvent debtor still transferred his property to a creditor in
payment of his debt, the transfer can be considered rescissible.
Badges of Fraud
The general rule of fraud is that fraud is not presumed, it must be established by
evidence. In one case, the Supreme Court ruled that the following may be considered
badges of fraud.
1. Consideration of the conveyance is fictitious or inadequate.
2. If the transfer made by the debtor after suit has begun and while it is pending
against him.
3. If a sale upon credit by an insolvent debtor.
4. Evidence of large indebtedness or complete insolvency.
5. If the transfer of all nearly all of his property by the debtor, especially when he is
insolvent or completely embarrassed financially.
6. If the fact that the transfer is made between father and son, when there are present
other circumstances.
7. If the vendee failed to take exclusive possession of all the property.
Voidable Contracts
Voidable Contracts are contracts that are valid but subject to annulment by reason
of vitiated consent or incapacity of one of the contracting parties. The action to file
annulment shall commence within 4 years. The action for annulment shall involve
restitution with their fruits, and the price with its interest. Contracts become voidable
because of the incapacity of one of the parties and the consent is vitiated.
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Example:
Mr. A entered into a contract whereby he sold his car to Mr. B. Mr. A is 17 years
old while Mr. B is 30 years old. The contract is voidable because Mr. A is still a minor.
However, voidable contract is binding unless they are annulled by proper action in court
and lastly, voidable contracts are susceptible of ratification.
Unenforceable Contracts
These contracts are valid but defective because it cannot be enforced in courts.
Examples of unenforceable contracts are as follows:
a. Those entered into in the name of another who has been given no authority or
legal representation or who has acted beyond his powers.
b. Those where both parties are incapable of giving consent to a contract.
c. Those that do not comply under the Statute of Frauds (The items covered must
appear in writing otherwise it cannot be enforced in courts.)
d. An agreement that by its terms is not to be performed within one (1) year; a
special promise to answer for the debt, default or miscarriage of another.
e. An agreement for the sale of goods/chattels at a price not less than P500
f. Sale of real property - An agreement for the leasing for a longer period than one
year.
g. Those covered under the Statute of Frauds refer only to executory contracts, and
does not refer to executed contracts already.
Unenforceable contracts are those that cannot be sued upon or enforced unless
they are ratified. Thus, an unenforceable contract occupies an intermediate ground
between a voidable and void contract. A contract is unenforceable if it has the absence of
authority and if it violates the statute of frauds and if it has the incapacity of either one of
the parties.
Void Contracts
Void Contracts; these are contracts are considered void because the object and
cause are illegal, contrary to law, inexistent or considered simulated. These are contracts
which are not subject to ratification. The right to bring an action to declare a contract void
does not prescribe, the right to raise the defense of illegality cannot be waived and a void
contract has no force or effect whatsoever.
Example:
On January 4, 1979, Ronald Coloma sold his hotel in favor of Spouses Leo and
Vanessa Uy. A deed of sale was executed but Spouses Uy named Johnny Uy (their unborn
son) as the buyer in the contract of sale. Accordingly, Johnny Uy was named as the buyer
in the deed of sale by virtue of a Chinese custom naming children as the heir of their
parent’s properties. It was only on March 1, 1980 that Johnny Uy was born. As such, the
contract of sale is void for being simulated and fictitious. Johnny Uy was not even
conceived yet at the time of the alleged sale, hence had no legal personality to be named
as a buyer in the said deed of sale.
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Self-Help: You can also refer to the sources below to help you
further understand the lesson:
De Leon, H. (2014). The Law of Obligation and Contract. Rex Bookstore Inc.
Aldeguer (2014). The Law of Obligation and Contract: An overview. Fast Eastern
University, Pamantasan ng Lungsod ng Maynila
Obligation and Contract (n.d.) Obligation and Contract Implementing Rules and
Regulations [PDF File]
Let’s Check
Activity 1. Identification
________________1. This type of contracts are those that involved any illegal actions or
transaction that is in contrary to the law such as drugs, prostitution,
gambling, etc.
________________2. A contract that is considered valid however, when one of the parties is
considered minor the contract is subjected to annulment.
________________3. An intentionally deceptive action designed to provide the perpetrator
with an unlawful gain or to deny a right to a victim.
________________4. This are contracts that are perfected by the mere agreement of the
parties.
________________5. It is one in which almost all the provisions have been drafted only by
one party, usually a corporation or insurance company.
________________6. It is manifested when there is a voluntary agreement to another
proposition or proposal.
________________7. Unconscious ignorance or forgetfulness of the existence or
nonexistence of a fact, past or present, material to the contract.
________________8. It is the subject matter of the contract.
________________9. This contract are perfected not by mere consent but by delivery.
________________10. It is the injury/damage by one who does not receive a full equivalent
of what he gives in a commutative contract.
Let’s Analyze
Activity 1. Determine whether the contract is a valid contract, void contract, voidable
contract, unenforceable contract and rescissible contract.
________________ 1. On June 22, 1917, Bawlf Grain Co. (Plaintiff) appellant; and T.W Ross
(Defendant) respondent appeared on the supreme court of Canada. The
case was about a contract that is made between the two parties however,
the appellant want to rescind the contract. In addition, the contract is made
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when the appellant is in a state of drunkenness and the defendant took
advantage of it and make the appellant signed the contract.
________________2. Bob enters into a contract agreement with a music label to split
royalties from his new album 50/50. However, at the time of this
agreement, Bob’s been drinking at the bar for several hours and is heavily
inebriated.
________________3. Angela is in a dire state of acquiring considerable amount of money, as
such, she made into an agreement to sell her brand new car given by his
father to Mr. Chu. Mr. Chu negotiated that the price for the car would be
75% of its original price which the latter agreed. However, the agreement
was made a day before Angela’s 18th birthday.
________________4. Newlywed Bei and Drew wants to settle down in a secluded and
peaceful community in Davao City. They contacted a real estate agency and
browse their modules. In such a short amount of time, they decided to visit
Narra Homes and fell in love with the place instantly. They then agreed to
get a two-storey unit and planned to pay on installment basis for 25 years
thru Pag-ibig Loan.
________________5. Brian negotiated his friend Mike for 5 years to buy his 2-year Yamaha
Sniper Moped Motorcycle for Php. 50, 000. Mike then agreed to buy the
motor cycle but on two conditions. Brian will process all the transfer of
ownership of the motorcycle to Mike and Mike will pay the motorcycle in
five (5) installment with 5% interest which Brian later agreed.
________________6. Tessie, a military retiree and is waiting for his lump sum pension. One
day, his neighbor Mitsuha offer him to buy her lot adjacent to Tessie’s
house for a cheap price of 3 Million. Tessie then agreed to the offer
however, he negotiated Mitsuha to give him enough time to gather the
money since 18 months from that time, his lump sum pension will be
available which the latter agreed. However, 3- months before the agreed
time of purchase, Mitsuha sold her land to another man. Tessie then
became furious and want to file a lawsuit against Mitsuha.
________________7. Jhon and Judelle bought a studio unit in Davao City for a price of 5
Million Pesos to Shinje in order for them to start their own business
enterprise. The place was good and they are adjacent to their friend who
owns an artwork and crafts shop called HD Limited Arts. The deal went
good and all the procedures were made legally and just.
________________8. Bruce parents died. He inherited their mansion worth Php. 40,
000,000.00 Bruce was still a minor so Alfred was appointed as his
guardian. Later, Alfred sold the mansion on behalf of Bruce for Php.
29,000,000.00.
________________9. X owed Y Php. 1,000,000.00. X did not have cash to pay Y. X’s only
property was a lot worth Php. 1,000,000.00. X anticipated that Y would sue
him soon for the unpaid debt and go after his property, so he donated the
land to Z to avoid paying Y.
________________10. A contract between a drug dealer and a buyer.
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In a Nutshell
Activity 1: Essay
John, a business man offers different computer services such as repair,
installation etc., and his business is booming. Francis, John’s employee and a friend
borrows a big amount of money from him. Francis wanted to borrow Php. 100, 000.00
to John stating that he needed the money for his mother’s hospitalization. They made
an agreement that there will be no interest to be applied on the debt. This will serve as
his token to Francis for being a good employee and a friend however, John told Francis
that after a year, the money that he borrowed must be return completely which the
latter agreed. After a year, when John ask Francis about the money, Francis frantically
denied John’s statement and he said that the borrowing scenario never happens. John
wanted to file a lawsuit against Francis, however, he can’t provide any evidence
regarding the said agreement. The contract between the two of them is made orally and
there is no written contract existed. All he had is their exchange in messages regarding
that matter. Does John has a chance to win the case and recover the money that he lost?
What are your thoughts? Explain.
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Schedule of Activities Week 1-3
This section calendars all the activities and exercises including readings and
lectures, as well as time for making assignments and doing other requirements in a
programmed schedule by days and weeks, to help the students in SDL pacing regardless
of mode of delivery (OBD or DED).
Activity
BIG PICTURE I-A: Let's Analyse Activity
BIG PICTURE I-A: In A Nutshell Activity
BIG PICTURE I-B: Let's Check Activity
BIG PICTURE I-B: Let's Analyse Activity
BIG PICTURE I-B: In A Nutshell Activity
First Exam
Deadline
August 20,2020
August 21,2020
August 22,2020
August 27,2020
August 28,2020
September
4,2020
Where to Submit
Blackboard LMS
BB’s Forum Feature
Blackboard LMS
Blackboard LMS
BB’s Forum Feature
Blackboard LMS
NOTE: Please be aware of the deadline for the submission of the activities in this manual.
Further instructions will be given in your respective blackboard account.
References:
De Leon, H. (2014). The Law of Obligation and Contract. Rex Bookstore Inc.
Aldeguer (2014). The Law of Obligation and Contract: An overview. Fast Eastern
University, Pamantasan ng Lungsod ng Maynila
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BIG PICTURE II
Week 4-5: Unit Learning Outcomes (ULO): At the end of the unit, you are expected to:
a. Understand the general rules and regulations of the Law of Patent,
the general requirements in patent application, as well as to
understand the Law on Copyright and its limitations.
b. To formulate a review paper about the impacts of the chemical
plants/industries here in the Philippines to the environment.
BIG PICTURE IN FOCUS: ULOa. Understand the general rules and
regulations of the Law of Patent, the general
requirements in patent application, as well as to
understand the Law on Copyright and its limitations.
Metalanguage
Below are the essential terms that were used in the discussion that you are going
to encounter in the pursuit of understanding the implementing rules and regulations of
the patent law as well as the law on copyright. You are strongly advised to frequently
refer to these definitions to help you understand the succeeding discussions.
Part I. Terms that were used in this part and their definitions.
1. The term "intellectual property rights" consists of:
a. Copyright and Related Rights;
b. Trademarks and Service Marks;
c. Geographic Indications;
d. Industrial Designs;
e. Patents;
f. Layout-Designs (Topographies) of Integrated Circuits; and
2. Protection of Undisclosed Information (TRIPS).
3. Technology transfer arrangements. Refers to contracts or agreements
involving the transfer of systematic knowledge for the manufacture of a product,
the application of a process, or rendering of a service including management
contracts; and the transfer, assignment or licensing of all forms of intellectual
property rights, including licensing of computer software except computer
software developed for mass market.
4. Office. Refers to the Intellectual Property Office created by this Act.
5. IPO Gazette. Refers to the gazette published by the Office under this Act.
6. Novelty is the quality of being new, original, or unusual.
Part II. Terms that were used in this part and their definitions.
7. Bureau. Means the Bureau of Patents;
8. Regulations means the Rules of Practice in Patent Cases formulated by the
Director of Patents and promulgated by the Director General;
9. Examiner means the patent examiner;
10. Patent application or application means an application for a patent for an
invention except in Chapters XII and XIII, where "application" means an
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application for a utility model and an industrial design, respectively; and
11. Priority date means the date of filing of the foreign application for the same
invention referred to in Section 31 of this Act.
Part III. Terms that were used in this part and their definition.
12. Mark means any visible sign capable of distinguishing the goods (trademark) or
services (service mark) of an enterprise and shall include a stamped or marked
container of goods; (Sec. 38, R.A. No. 166a)
13. Collective mark means any visible sign designated as such in the application for
registration and capable of distinguishing the origin or any other common
characteristic, including the quality of goods or services of different enterprises
which use the sign under the control of the registered owner of the collective
mark; (Sec. 40, R.A. No. 166a)
14. Trade name means the name or designation identifying or distinguishing an
enterprise; (Sec. 38, R.A. No. 166a)
15. Bureau means the Bureau of Trademarks;
16. Director means the Director of Trademarks;
17. Regulations means the Rules of Practice in Trademarks and Service Marks
formulated by the Director of Trademarks and approved by the Director General;
and
18. Examiner means the trademark examiner. (Sec. 38, R.A. No. 166a)
19. Trademark is a symbol, a word, or words legally registered or established by use
as representing a company or product.
20. Service mark is a legally registered name or designation used in the manner of a
trademark to distinguish an organization’s service from those of its competitors.
Part IV. Terms that were used in this part and their definition.
21. Author is the natural person who has created the work;
22. A collective work is a work which has been created by two (2) or more natural
persons at the initiative and under the direction of another with the
understanding that it will be disclosed by the latter under his own name and that
contributing natural persons will not be identified;
23. Public lending is the transfer of possession of the original or a copy of a work or
sound recording for a limited period, for non-profit purposes, by an institution the
services of which are available to the public, such as public library or archive;
24. Published works means works, which, with the consent of the authors, are made
available to the public by wire or wireless means in such a way that members of
the public may access these works from a place and time individually chosen by
them: Provided, that availability of such copies has been such, as to satisfy the
reasonable requirements of the public, having regard to the nature of the work;
25. Rental is the transfer of the possession of the original or a copy of a work or a
sound recording for a limited period of time, for profit-making purposes;
26. Reproduction is the making of one (1) or more copies of a work or a sound
recording in any manner or form (Sec. 41 (E), P.D. No. 49 a).
27. Copyright is the exclusive legal right, given to an originator or an assignee to print,
publish, perform, film, or record literary, artistic, or musical material, and to
authorize others to do the same.
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Essential Knowledge
To perform the aforesaid big picture (unit learning outcomes), you need to
understand the patent laws terms and conditions, requirement and qualification in
applying for a patent will be laid down in the succeeding pages. Please note that
you are not limited to exclusively refer to these resources. Thus, you are expected to
utilize other books, research articles and other resources that are available in the
university’s library e.g. ebrary, search.proquest.com etc.
Intellectual Property Code of The Philippines
Republic Act No. 8293 - also known as the Intellectual Property Code of the
Philippines was approved on June 6, 1997 which provides protection and security to the
exclusive rights of a scientists, inventors, artists and other gifted citizens to their
intellectual property and creations, particularly when beneficial to the people , for such
periods provided in this act.
Republic Act No. 8293 composed of Five (5) parts; The Intellectual Property
Office, The Laws on Patent, The Laws on Trademark, Service Marks and Trade Name,
The Law on Copyright and Final Provisions of the act respectively.
Part I – Intellectual Property Office
Part I of the Intellectual Property Code of the Philippines consist of nineteen (19)
sections which talks more about the services and functions of the Intellectual Property
Office. The most notable section in this part of the Act are the following:
SECTION 2. Declaration of State Policy
The State recognizes that an effective intellectual and industrial property system
is vital to the development of domestic and creative activity, facilitates transfer of
technology, attracts foreign investments, and ensures market access for our products. It
shall protect and secure the exclusive rights of scientists, inventors, artists and other
gifted citizens to their intellectual property and creations, particularly when beneficial
to the people, for such periods as provided in this Act.
The use of intellectual property bears a social function. To this end, the State shall
promote the diffusion of knowledge and information for the promotion of national
development and progress and the common good.
It is also the policy of the State to streamline administrative procedures of registering
patents, trademarks and copyright, to liberalize the registration on the transfer of
technology, and to enhance the enforcement of intellectual property rights in the
Philippines.
SECTION 5. Functions of the Intellectual Property Office (IPO).
1. To administer and implement the State policies declared in this Act, there is
hereby created the Intellectual Property Office (IPO) which shall have the
following functions:
a. Examine applications for grant of letters patent for inventions and
register utility models and industrial designs;
b. Examine applications for the registration of marks, geographic
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indication, integrated circuits;
c. Register technology transfer arrangements and settle disputes
involving technology transfer payments covered by the provisions of
Part II, Chapter IX on Voluntary Licensing and develop and implement
strategies to promote and facilitate technology transfer;
d. Promote the use of patent information as a tool for technology
development;
e. Publish regularly in its own publication the patents, marks, utility
models and industrial designs, issued and approved, and the
technology transfer arrangements registered;
f. Administratively adjudicate contested proceedings affecting
intellectual property rights; and
g. Coordinate with other government agencies and the private sector
efforts to formulate and implement plans and policies to the
protection of intellectual property rights in the country.
2. The Office shall have custody of all records, books, drawings, specifications,
documents, and other papers and things relating to intellectual property rights
applications filed with the Office.
SECTION 6. The Organizational Structure of the IPO
1. The Office shall be headed by a Director General who shall be assisted by two (2)
Deputies Director General.
2. The Office shall be divided into six (6) Bureaus, each of which shall be headed by
a Director and assisted by an Assistant Director. These Bureaus are:
a. The Bureau of Patents;
b. The Bureau of Trademarks;
c. The Bureau of Legal Affairs;
d. The Documentation, Information and Technology Transfer Bureau;
e. The Management Information System and EDP Bureau; and
f. The Administrative, Financial and Personnel Services Bureau.
3. The Director General, Deputies Director General, Directors and Assistant
Directors shall be appointed by the President, and the other officers and
employees of the Office by the Secretary of Trade and Industry, conformably with
and under the Civil Service Law.
SECTION 8. The Bureau of Patents
The Bureau of Patents shall have the following functions:
1. Search and examination of patent applications and the grant of patents;
2. Registration of utility models, industrial designs, and integrated circuits; and
3. Conduct studies and researches in the field of patents in order to assist the
Director General in formulating policies on the administration and
examination of patents.
SECTION 9. The Bureau of Trademarks
The Bureau of Trademarks shall have the following functions:
1. Search and examination of the applications for the registration of marks,
geographic indications and other marks of ownership and the issuance of the
certificates of registration; and
2. Conduct studies and researches in the field of trademarks in order to assist the
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Director General in formulating policies on the administration and examination
of trademarks.
SECTION 10. The Bureau of Legal Affairs
The Bureau of Legal Affairs shall have the following functions:
1. Hear and decide opposition to the application for registration of marks;
cancellation of trademarks; subject to the provisions of Section 64, cancellation
of patents, utility models, and industrial designs; and petitions for compulsory
licensing of patents;
2.
a. Exercise original jurisdiction in administrative complaints for violations of
laws involving intellectual property rights: Provided, That its jurisdiction is
limited to complaints where the total damages claimed are not less than Two
hundred thousand pesos (P200,000): Provided further, That availment of the
provisional remedies may be granted in accordance with the Rules of Court.
The Director of Legal Affairs shall have the power to hold and punish for
contempt all those who disregard orders or writs issued in the course of the
proceedings.
b. After formal investigation, the Director for Legal Affairs may impose one (1)
or more of the following administrative penalties:
i.
The issuance of a cease and desist order which shall specify the acts that
the respondent shall cease and desist from and shall require him to
submit a compliance report within a reasonable time which shall be
fixed in the order;
ii.
The acceptance of a voluntary assurance of compliance or
discontinuance as may be imposed. Such voluntary assurance may
include one or more of the following:
1. An assurance to comply with the provisions of the intellectual
property law violated;
2. An assurance to refrain from engaging in unlawful and unfair acts
and practices subject of the formal investigation;
3. An assurance to recall, replace, repair, or refund the money value
of defective goods distributed in commerce; and
4. An assurance to reimburse the complainant the expenses and costs
incurred in prosecuting the case in the Bureau of Legal Affairs. The
Director of Legal Affairs may also require the respondent to submit
periodic compliance reports and file a bond to guarantee
compliance of his undertaking;
iii.
The condemnation or seizure of products which are subject of the
offense. The goods seized hereunder shall be disposed of in such
manner as may be deemed appropriate by the Director of Legal
Affairs, such as by sale, donation to distressed local governments or to
charitable or relief institutions, exportation, recycling into other
goods, or any combination thereof, under such guidelines as he may
provide;
iv.
The forfeiture of paraphernalia and all real and personal properties
which have been used in the commission of the offense;
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v.
The imposition of administrative fines in such amount as deemed
reasonable by the Director of Legal Affairs, which shall in no case be
less than Five thousand pesos (P5,000) nor more than One hundred
fifty thousand pesos (P150,000). In addition, an additional fine of not
more than One thousand pesos (P1,000) shall be imposed for each day
of continuing violation;
vi.
The cancellation of any permit, license, authority, or registration
which may have been granted by the Office, or the suspension of the
validity thereof for such period of time as the Director of Legal Affairs
may deem reasonable which shall not exceed one (1) year;
vii.
The withholding of any permit, license, authority, or registration
which is being secured by the respondent from the Office;
viii.
The assessment of damages;
ix. Censure; and
x. Other analogous penalties or sanctions. (Secs. 6, 7, 8, and 9, Executive
Order No. 913)
3. The Director General may by Regulations establish the procedure to govern the
implementation of this Section.
SECTION 11. The Documentation, Information and Technology Transfer Bureau
The Documentation, Information and Technology Transfer Bureau shall have the
following functions:
4. Support the search and examination activities of the Office through the following
activities:
a. Maintain and upkeep classification systems whether they be national
or international such as the International Patent Classification (IPC)
system;
b. Provide advisory services for the determination of search patterns;
c. Maintain search files and search rooms and reference libraries; and
d. Adapt and package industrial property information.
5. Establish networks or intermediaries or regional representatives;
6. Educate the public and build awareness on intellectual property through the
conduct of seminars and lectures, and other similar activities;
7. Establish working relations with research and development institutions as well
as with local and international intellectual property professional groups and the
like;
8. Perform state-of-the-art searches;
9. Promote the use of patent information as an effective tool to facilitate the
development of technology in the country;
10. Provide technical, advisory, and other services relating to the licensing and
promotion of technology, and carry out an efficient and effective program for
technology transfer; and
11. Register technology transfer arrangements, and settle disputes involving
technology transfer payments.
SECTION 12. The Management Information Services and EDP Bureau
The Management Information Services and EDP Bureau shall:
1. Conduct automation planning, research and development, testing of systems,
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contracts with firms, contracting, purchase and maintenance of equipment,
design and maintenance of systems, user consultation, and the like; and
2. Provide management information support and service to the Office.
SECTION 13. The Administrative, Financial and Human Resource Development
Service Bureau
1. The Administrative Service shall:
a. Provide services relative to procurement and allocation of supplies and
equipment, transportation, messengerial work, cashiering, payment of
salaries and other Office's obligations, office maintenance, proper safety
and security, and other utility services; and comply with government
regulatory requirements in the areas of performance appraisal,
compensation and benefits, employment records and reports;
b. Receive all applications filed with the Office and collect fees therefore; and
c. Publish patent applications and grants, trademark applications, and
registration of marks, industrial designs, utility models, geographic
indication, and lay-out-designs of integrated circuits registrations.
2. The Patent and Trademark Administration Services shall perform the following
functions among others:
a. Maintain registers of assignments, merging’s, licenses, and bibliographic
on patents and trademarks;
b. Collect maintenance fees, issue certified copies of documents in its
custody and perform similar other activities; and
c. Hold in custody all the applications filed with the office, and all patent
grants, certificate of registrations issued by the office, and the like.
3. The Financial Service shall formulate and manage a financial program to
ensure availability and proper utilization of funds; provide for an effective
monitoring system of the financial operations of the Office; and
4. The Human Resource Development Service shall design and implement
human resource development plans and programs for the personnel of the
Office; provide for present and future manpower needs of the organization;
maintain high morale and favorable employee attitudes towards the
organization through the continuing design and implementation of employee
development programs.
SECTION 17. Publication of Laws and Regulations
The Director General shall cause to be printed and make available for
distribution, pamphlet copies of this Act, other pertinent laws, executive orders and
information circulars relating to matters within the jurisdiction of the Office. (Sec. 5, R.A.
No. 165a)
SECTION 18. The IPO Gazette
All matters required to be published under this Act shall be published in the
Office's own publication to be known as the IPO Gazette.
Part II. Patent Law
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Part II of the Intellectual Property Code of the Philippines consist of Thirteen (13)
Chapters and the most notable chapter in this part are the following:
Chapter II. Patentability
SECTION 21. Patentable Inventions
Any technical solution of a problem in any field of human activity which is new,
involves an inventive step and is industrially applicable shall be patentable. It may be,
or may relate to, a product, or process, or an improvement of any of the foregoing.
(Sec. 7, R.A. No. 165a)
SECTION 22. Non-Patentable Inventions
The following shall be excluded from patent protection:
1. Discoveries, scientific theories and mathematical methods;
2. Schemes, rules and methods of performing mental acts, playing games or
doing business, and programs for computers;
3. Methods for treatment of the human or animal body by surgery or therapy and
diagnostic methods practiced on the human or animal body. This provision
shall not apply to products and composition for use in any of these methods;
4. Plant varieties or animal breeds or essentially biological process for the
production of plants or animals. This provision shall not apply to microorganisms and non-biological and microbiological processes.
Provisions under this subsection shall not preclude Congress to consider the
enactment of a law providing sui generis protection of plant varieties and
animal breeds and a system of community intellectual rights protection:
5. Aesthetic creations; and
6. Anything which is contrary to public order or morality. (Sec. 8, R.A. No. 165a)
SECTION 23. Novelty
An invention shall not be considered new if it forms part of a prior art. (Sec. 9,
R.A. No. 165a)
SECTION 24. Prior Art
Prior art shall consist of:
1. Everything which has been made available to the public anywhere in the world,
before the filing date or the priority date of the application claiming the
invention; and
2. The whole contents of an application for a patent, utility model, or industrial
design registration, published in accordance with this Act, filed or effective in
the Philippines, with a filing or priority date that is earlier than the filing or
priority date of the application: Provided, That the application which has validly
claimed the filing date of an earlier application under Section 31 of this Act, shall
be prior art with effect as of the filing date of such earlier application: Provided
further, That the applicant or the inventor identified in both applications are not
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one and the same. (Sec. 9, R.A. No. 165a)
SECTION 26. Inventive Step
An invention involves an inventive step if, having regard to prior art, it is not
obvious to a person skilled in the art at the time of the filing date or priority date of the
application claiming the invention.
SECTION 27. Industrial Applicability
An invention that can be produced and used in any industry shall be industrially
applicable.
CHAPTER III. RIGHT TO PATENT
SECTION 28. Right to a Patent
The right to a patent belongs to the inventor, his heirs, or assigns. When two (2)
or more persons have jointly made an invention, the right to a patent shall belong to
them jointly. (Sec. 10, R.A. No. 165a)
SECTION 29. First to File Rule
If two (2) or more persons have made the invention separately and
independently of each other, the right to the patent shall belong to the person who filed
an application for such invention, or where two or more applications are filed for the
same invention, to the applicant who has the earliest filing date or, the earliest priority
date. (3rd sentence, Sec. 10, R.A. No. 165a.)
SECTION 31. Right of Priority
An application for patent filed by any person who has previously applied for the
same invention in another country which by treaty, convention, or law affords similar
privileges to Filipino citizens, shall be considered as filed as of the date of filing the
foreign application: Provided, That:
a. the local application expressly claims priority;
b. it is filed within twelve (12) months from the date the earliest foreign application
was filed; and
c. a certified copy of the foreign application together with an English translation is
filed within six (6) months from the date of filing in the Philippines. (Sec. 15, R.A.
No. 165a)
CHAPTER IV-Patent Application
SECTION 32. The Application
1. The patent application shall be in Filipino or English and shall contain the
following:
a. A request for the grant of a patent;
b. A description of the invention;
c. Drawings necessary for the understanding of the invention;
d. One or more claims; and
e. An abstract.
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2. No patent may be granted unless the application identifies the inventor. If the
applicant is not the inventor, the Office may require him to submit said authority.
(Sec. 13, R.A. No. 165a)
SECTION 36. The Claims
1. The application shall contain one (1) or more claims which shall define the
matter for which protection is sought. Each claim shall be clear and concise, and
shall be supported by the description.
2. The Regulations shall prescribe the manner of the presentation of claims.
SECTION 37. The Abstract
The abstract shall consist of a concise summary of the disclosure of the invention
as contained in the description, claims and drawings in preferably not more than one
hundred fifty (150) words. It must be drafted in a way which allows the clear
understanding of the technical problem, the gist of the solution of that problem through
the invention, and the principal use or uses of the invention. The abstract shall merely
serve for technical information.
SECTION 38. Unity of Invention
1. The application shall relate to one invention only or to a group of inventions
forming a single general inventive concept.
2. If several independent inventions which do not form a single general inventive
concept are claimed in one application, the Director may require that the
application be restricted to a single invention. A later application filed for an
invention divided out shall be considered as having been filed on the same day as
the first application: Provided, That the later application is filed within four (4)
months after the requirement to divide becomes final, or within such additional
time, not exceeding four (4) months, as may be granted: Provided further, That
each divisional application shall not go beyond the disclosure in the initial
application.
3. The fact that a patent has been granted on an application that did not comply with
the requirement of unity of invention shall not be a ground to cancel the patent.
(Sec. 17, R.A. No. 165a)
CHAPTER V - Procedure for Grant of Patent
SECTION 40. Filing Date Requirements
1. The filing date of a patent application shall be the date of receipt by the Office of
at least the following elements:
a. An express or implicit indication that a Philippine patent is sought;
b. Information identifying the applicant; and
c. Description of the invention and one (1) or more claims in Filipino or
English.
2. If any of these elements is not submitted within the period set by the Regulations,
the application shall be considered withdrawn.
3.
SECTION 41. According a Filing Date
The Office shall examine whether the patent application satisfies the
requirements for the grant of date of filing as provided in Section 40 hereof. If the date
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of filing cannot be accorded, the applicant shall be given an opportunity to correct the
deficiencies in accordance with the implementing Regulations. If the application does
not contain all the elements indicated in Section 40, the filing date should be that date
when all the elements are received. If the deficiencies are not remedied within the
prescribed time limit, the application shall be considered withdrawn.
SECTION 42. Formality Examination
1. After the patent application has been accorded a filing date and the required fees
have been paid on time in accordance with the Regulations, the applicant shall
comply with the formal requirements specified by Section 32 and the Regulations
within the prescribed period, otherwise the application shall be considered
withdrawn.
2. The Regulations shall determine the procedure for the re-examination and revival
of an application as well as the appeal to the Director of Patents from any final
action by the examiner. (Sec. 16, R.A. No. 165a)
SECTION 43. Classification and Search
An application that has complied with the formal requirements shall be classified
and a search conducted to determine the prior art.
SECTION 44. Publication of Patent Application
1. The patent application shall be published in the IPO Gazette together with a search
document established by or on behalf of the Office citing any documents that
reflect prior art, after the expiration of eighteen (18) months from the filing date
or priority date.
2. After publication of a patent application, any interested party may inspect the
application documents filed with the Office.
3. The Director General, subject to the approval of the Secretary of Trade and
Industry, may prohibit or restrict the publication of an application, if in his
opinion, to do so would be prejudicial to the national security and interests of the
Republic of the Philippines.
SECTION 45. Confidentiality Before Publication
A patent application, which has not yet been published, and all related documents,
shall not be made available for inspection without the consent of the applicant.
SECTION 46. Rights Conferred by a Patent Application After Publication.
The applicant shall have all the rights of a patentee under Section 76 against any
person who, without his authorization, exercised any of the rights conferred under
Section 71 of this Act in relation to the invention claimed in the published patent
application, as if a patent had been granted for that invention: Provided that the said
person had:
1. Actual knowledge that the invention that he was using was the subject matter of a
published application; or
2. Received written notice that the invention that he was using was the subject
matter of a published application being identified in the said notice by its serial
number: Provided that the action may not be filed until after the grant of a patent
on the published application and within four (4) years from the commission of the
acts complained of.
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SECTION 47. Observation by Third Parties
Following the publication of the patent application, any person may present
observations in writing concerning the patentability of the invention. Such observations
shall be communicated to the applicant who may comment on them. The Office shall
acknowledge and put such observations and comment in the file of the application to
which it relates.
SECTION 48. Request for Substantive Examination
1. The application shall be deemed withdrawn unless within six (6) months from the
date of publication under Section 41, a written request to determine whether a
patent application meets the requirements of Sections 21 to 27 and Sections 32 to
39 and the fees have been paid on time.
2. Withdrawal of the request for examination shall be irrevocable and shall not
authorize the refund of any fee.
SECTION 49. Amendment of Application
An applicant may amend the patent application during examination: Provided,
that such amendment shall not include new matter outside the scope of the disclosure
contained in the application as filed.
SECTION 50. Grant of Patent
1. If the application meets the requirements of this Act, the Office shall grant the
patent: Provided that all the fees are paid on time.
2. If the required fees for grant and printing are not paid in due time, the application
shall be deemed to be withdrawn.
3. A patent shall take effect on the date of the publication of the grant of the patent
in the IPO Gazette. (Sec. 18, R.A. No. 165a)
SECTION 52. Publication Upon Grant of Patent.
1. The grant of the patent together with other related information shall be published
in the IPO Gazette within the time prescribed by the Regulations.
2. Any interested party may inspect the complete description, claims, and drawings
of the patent on file with the Office. (Sec. 18, R.A. No. 165a)
SECTION 53. Contents of Patent
The patent shall be issued in the name of the Republic of the Philippines under the
seal of the Office and shall be signed by the Director, and registered together with the
description, claims, and drawings, if any, in books and records of the Office. (Secs. 19 and
20, R.A. No. 165a)
SECTION 54. Term of Patent
The term of a patent shall be twenty (20) years from the filing date of the
application. (Sec. 21, R.A. No. 165a)
CHAPTER VIII -Rights of Patentees and Infringements of Patents
SECTION 71. Rights Conferred by Patent
1. A patent shall confer on its owner the following exclusive rights:
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a. Where the subject matter of a patent is a product, to restrain, prohibit and
prevent any unauthorized person or entity from making, using, offering for
sale, selling or importing that product;
b. Where the subject matter of a patent is a process, to restrain, prevent or
prohibit any unauthorized person or entity from using the process, and
from manufacturing, dealing in, using, selling or offering for sale, or
importing any product obtained directly or indirectly from such process.
2. Patent owners shall also have the right to assign, or transfer by succession the
patent, and to conclude licensing contracts for the same. (Sec. 37, R.A. No. 165a)
SECTION 72. Limitations of Patent Rights
The owner of a patent has no right to prevent third parties from performing,
without his authorization, the acts referred to in Section 71 hereof in the following
circumstances:
1. Using a patented product which has been put on the market in the Philippines by
the owner of the product, or with his express consent, insofar as such use is
performed after that product has been so put on the said market;
2. Where the act is done privately and on a non-commercial scale or for a noncommercial purpose: Provided, that it does not significantly prejudice the
economic interests of the owner of the patent;
3. Where the act consists of making or using exclusively for the purpose of
experiments that relate to the subject matter of the patented invention;
4. Where the act consists of the preparation for individual cases, in a pharmacy or by
a medical professional, of a medicine in accordance with a medical prescription or
acts concerning the medicine so prepared;
5. Where the invention is used in any ship, vessel, aircraft, or land vehicle of any
other country entering the territory of the Philippines temporarily or accidentally:
Provided, that such invention is used exclusively for the needs of the ship, vessel,
aircraft, or land vehicle and not used for the manufacturing of anything to be sold
within the Philippines. (Secs. 38 and 39, R.A. No. 165a)
SECTION 89. Rights of Licensor
In the absence of any provision to the contrary in the technology transfer
arrangement, the grant of a license shall not prevent the licensor from granting further
licenses to third person nor from exploiting the subject matter of the technology transfer
arrangement himself. (Sec. 33-B, R.A. 165a)
SECTION 90. Rights of Licensee
The licensee shall be entitled to exploit the subject matter of the technology
transfer arrangement during the whole term of the technology transfer arrangement.
(Sec. 33-C (1), R.A. 165a)
Part III. The Law on Trademarks, Service Marks and Trade Names
This part of the act talks about the Law on Trademarks, Service Marks and Trade
Names. Additionally, the requirements, procedures and limitation were also discussed.
The most notable sections in this part are the following:
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SECTION 122. How Marks are Acquired
The rights in a mark shall be acquired through registration made validly in
accordance with the provisions of this law. (Sec. 2-A, R.A. No. 166a)
SECTION 123. Registrability
1. A mark cannot be registered if it:
a. Consists of immoral, deceptive or scandalous matter, or matter which may
disparage or falsely suggest a connection with persons, living or dead,
institutions, beliefs, or national symbols, or bring them into contempt or
disrepute;
b. Consists of the flag or coat of arms or other insignia of the Philippines or
any of its political subdivisions, or of any foreign nation, or any simulation
thereof;
c. Consists of a name, portrait or signature identifying a particular living
individual except by his written consent, or the name, signature, or portrait
of a deceased President of the Philippines, during the life of his widow, if
any, except by written consent of the widow;
d. Is identical with a registered mark belonging to a different proprietor or a
mark with an earlier filing or priority date, in respect of:
e. The same goods or services, or
i. Closely related goods or services, or
ii. If it nearly resembles such a mark as to be likely to deceive
or cause confusion;
f. Is identical with, or confusingly similar to, or constitutes a translation of a
mark which is considered by the competent authority of the Philippines to
be well-known internationally and in the Philippines, whether or not it is
registered here, as being already the mark of a person other than the
applicant for registration, and used for identical or similar goods or
services: Provided, That in determining whether a mark is well-known,
account shall be taken of the knowledge of the relevant sector of the public,
rather than of the public at large, including knowledge in the Philippines
which has been obtained as a result of the promotion of the mark;
g. Is identical with, or confusingly similar to, or constitutes a translation of a
mark considered well-known in accordance with the preceding paragraph,
which is registered in the Philippines with respect to goods or services
which are not similar to those with respect to which registration is applied
for: Provided, That use of the mark in relation to those goods or services
would indicate a connection between those goods or services, and the
owner of the registered mark: Provided further, That the interests of the
owner of the registered mark are likely to be damaged by such use;
h. Is likely to mislead the public, particularly as to the nature, quality,
characteristics or geographical origin of the goods or services;
i. Consists exclusively of signs that are generic for the goods or services that
they seek to identify;
j. Consists exclusively of signs or of indications that have become customary
or usual to designate the goods or services in everyday language or in bona
fide and established trade practice;
k. Consists exclusively of signs or of indications that may serve in trade to
designate the kind, quality, quantity, intended purpose, value, geographical
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origin, time or production of the goods or rendering of the services, or
other characteristics of the goods or services;
l. Consists of shapes that may be necessitated by technical factors or by the
nature of the goods themselves or factors that affect their intrinsic value;
m. Consists of color alone, unless defined by a given form; or
n. Is contrary to public order or morality.
2. As regards signs or devices mentioned in paragraphs (j), (k), and (l), nothing shall
prevent the registration of any such sign or device which has become distinctive
in relation to the goods for which registration is requested as a result of the use
that have been made of it in commerce in the Philippines. The Office may accept
as prima facie evidence that the mark has become distinctive, as used in
connection with the applicant's goods or services in commerce, proof of
substantially exclusive and continuous use thereof by the applicant in commerce
in the Philippines for five (5) years before the date on which the claim of
distinctiveness is made.
3. The nature of the goods to which the mark is applied will not constitute an obstacle
to registration. (Sec. 4, R.A. No. 166a)
SECTION 124. Requirements of Application
1. The application for the registration of the mark shall be in Filipino or in English
and shall contain the following:
a. A request for registration;
b. The name and address of the applicant;
c. The name of a State of which the applicant is a national or where he has
domicile; and the name of a State in which the applicant has a real and
effective industrial or commercial establishment, if any;
d. Where the applicant is a juridical entity, the law under which it is
organized and existing;
e. The appointment of an agent or representative, if the applicant is not
domiciled in the Philippines;
f. Where the applicant claims the priority of an earlier application, an
indication of:
i. The name of the State with whose national office the earlier
application was filed or if filed with an office other than a national
office, the name of that office,
ii. The date on which the earlier application was filed, and
iii. Where available, the application number of the earlier application;
g. Where the applicant claims color as a distinctive feature of the mark, a
statement to that effect as well as the name or names of the color or colors
claimed and an indication, in respect of each color, of the principal parts
of the mark which are in that color;
h. Where the mark is a three-dimensional mark, a statement to that effect;
One or more reproductions of the mark, as prescribed in the Regulations;
i. A transliteration or translation of the mark or of some parts of the mark,
as prescribed in the Regulations;
j. The names of the goods or services for which the registration is sought,
grouped according to the classes of the Nice Classification, together with
the number of the class of the said Classification to which each group of
goods or services belongs; and
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k. A signature by, or other self-identification of, the applicant or his
representative.
2. The applicant or the registrant shall file a declaration of actual use of the mark
with evidence to that effect, as prescribed by the Regulations within three (3)
years from the filing date of the application. Otherwise, the application shall be
refused or the mark shall be removed from the Register by the Director.
3. One (1) application may relate to several goods and/or services, whether they
belong to one (1) class or to several classes of the Nice Classification.
4. If during the examination of the application, the Office finds factual basis to
reasonably doubt the veracity of any indication or element in the application,
it may require the applicant to submit sufficient evidence to remove the doubt.
(Sec. 5, R.A. No. 166a)
SECTION 133. Examination and Publication
1. Once the application meets the filing requirements of Section 127, the Office shall
examine whether the application meets the requirements of Section 124 and the
mark as defined in Section 121 is registrable under Section 123.
2. Where the Office finds that the conditions referred to in Subsection 133.1 are
fulfilled, it shall, upon payment of the prescribed fee, forthwith cause the
application, as filed, to be published in the prescribed manner.
3. If after the examination, the applicant is not entitled to registration for any reason,
the Office shall advise the applicant thereof and the reasons therefor. The
applicant shall have a period of four (4) months in which to reply or amend his
application, which shall then be re-examined. The Regulations shall determine the
procedure for the re-examination or revival of an application as well as the appeal
to the Director of Trademarks from any final action by the Examiner.
4. An abandoned application may be revived as a pending application within three
(3) months from the date of abandonment, upon good cause shown and the
payment of the required fee.
5. The final decision of refusal of the Director of Trademarks shall be appealable to
the Director General in accordance with the procedure fixed by the Regulations.
(Sec. 7, R.A. No. 166a)
SECTION 136. Issuance and Publication of Certificate
When the period for filing the opposition has expired, or when the Director of
Legal Affairs shall have denied the opposition, the Office upon payment of the required
fee, shall issue the certificate of registration. Upon issuance of a certificate of registration,
notice thereof making reference to the publication of the application shall be published
in the IPO Gazette. (Sec. 10, R.A. No. 165)
SECTION 147. Rights Conferred
1. The owner of a registered mark shall have the exclusive right to prevent all
third parties not having the owner's consent from using in the course of trade
identical or similar signs or containers for goods or services which are identical
or similar to those in respect of which the trademark is registered where such
use would result in a likelihood of confusion. In case of the use of an identical
sign for identical goods or services, a likelihood of confusion shall be presumed.
2. The exclusive right of the owner of a well-known mark defined in Subsection
123.1(e) which is registered in the Philippines, shall extend to goods and
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services which are not similar to those in respect of which the mark is
registered: Provided, That use of that mark in relation to those goods or
services would indicate a connection between those goods or services and the
owner of the registered mark: Provided further, That the interests of the owner
of the registered mark are likely to be damaged by such use.
SECTION 165. Trade Names or Business Names
1. A name or designation may not be used as a trade name if by its nature or the
use to which such name or designation may be put, it is contrary to public order
or morals and if, in particular, it is liable to deceive trade circles or the public as
to the nature of the enterprise identified by that name.
2.
a. Notwithstanding any laws or regulations providing for any obligation to
register trade names, such names shall be protected, even prior to or
without registration, against any unlawful act committed by third parties.
b. In particular, any subsequent use of the trade name by a third party,
whether as a trade name or a mark or collective mark, or any such use of
a similar trade name or mark, likely to mislead the public, shall be deemed
unlawful.
3. The remedies provided for in Sections 153 to 156 and Sections 166 and 167
shall apply mutatis mutandis.
4. Any change in the ownership of a trade name shall be made with the transfer of
the enterprise or part thereof identified by that name. The provisions of
Subsections 149.2 to 149.4 shall apply mutatis mutandis.
SECTION 167. Collective Marks
1. Subject to Subsections 167.2 and 167.3, Sections 122 to 164 and 166 shall apply
to collective marks, except that references therein to "mark" shall be read as
"collective mark".
2.
a. An application for registration of a collective mark shall designate the mark
as a collective mark and shall be accompanied by a copy of the agreement,
if any, governing the use of the collective mark.
b. The registered owner of a collective mark shall notify the Director of any
changes made in respect of the agreement referred to in paragraph (a).
3. In addition to the grounds provided in Section 149, the Court shall cancel the
registration of a collective mark if the person requesting the cancellation proves
that only the registered owner uses the mark, or that he uses or permits its use in
contravention of the agreements referred to in Subsection 166.2 or that he uses or
permits its use in a manner liable to deceive trade circles or the public as to the
origin or any other common characteristics of the goods or services concerned.
4. The registration of a collective mark, or an application therefor shall not be the
subject of a license contract. (Sec. 40, R.A. No. 166a)
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Part IV- Law on Copyrights
In this part of Intellectual Property Act discusses the necessary rules and
regulations you need to follow in order not to commit copyright violations. The most
notable section in this part are as follows:
CHAPTER II -Original Works
SECTION 172. Literary and Artistic Works
1. Literary and artistic works, hereinafter referred to as "works", are original
intellectual creations in the literary and artistic domain protected from the
moment of their creation and shall include in particular:
a. Books, pamphlets, articles and other writings;
b. Periodicals and newspapers;
c. Lectures, sermons, addresses, dissertations prepared for oral delivery,
whether or not reduced in writing or other material form;
d. Letters;
e. Dramatic or dramatico-musical compositions; choreographic works or
entertainment in dumb shows;
f. Musical compositions, with or without words;
g. Works of drawing, painting, architecture, sculpture, engraving, lithography
or other works of art; models or designs for works of art;
b. Original ornamental designs or models for articles of manufacture, whether
or not registrable as an industrial design, and other works of applied art;
c. Illustrations, maps, plans, sketches, charts and three-dimensional works
relative to geography, topography, architecture or science;
d. Drawings or plastic works of a scientific or technical character;
e. Photographic works including works produced by a process analogous to
photography; lantern slides;
f. Audiovisual works and cinematographic works and works produced by a
process analogous to cinematography or any process for making audiovisual recordings;
g. Pictorial illustrations and advertisements;
h. Computer programs; and
i. Other literary, scholarly, scientific and artistic works.
2. Works are protected by the sole fact of their creation, irrespective of their mode
or form of expression, as well as of their content, quality and purpose. (Sec. 2, P.D.
No. 49a)
SECTION 173. Derivative Works
1. The following derivative works shall also be protected by copyright:
a. Dramatizations, translations, adaptations, abridgments, arrangements, and
other alterations of literary or artistic works; and
b. Collections of literary, scholarly or artistic works, and compilations of data
and other materials which are original by reason of the selection or
coordination or arrangement of their contents. (Sec. 2, [P] and [Q], P.D. No.
49)
2. 173.2. The works referred to in paragraphs (a) and (b) of Subsection 173.1 shall
be protected as new works: Provided however, That such new work shall not
affect the force of any subsisting copyright upon the original works employed or
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any part thereof, or be construed to imply any right to such use of the original
works, or to secure or extend copyright in such original works. (Sec. 8, P.D. 49; Art.
10, TRIPS)
SECTION 174. Published Edition of Work
In addition to the right to publish granted by the author, his heirs, or assigns, the
publisher shall have a copyright consisting merely of the right of reproduction of the
typographical arrangement of the published edition of the work.
CHAPTER IV -Works Not Protected
SECTION 175. Unprotected Subject Matter
Notwithstanding the provisions of Sections 172 and 173, no protection shall
extend, under this law, to any idea, procedure, system, method or operation, concept,
principle, discovery or mere data as such, even if they are expressed, explained,
illustrated or embodied in a work; news of the day and other miscellaneous facts having
the character of mere items of press information; or any official text of a legislative,
administrative or legal nature, as well as any official translation thereof.
SECTION 176. Works of the Government
1. No copyright shall subsist in any work of the Government of the Philippines.
However, prior approval of the government agency or office wherein the work is
created shall be necessary for exploitation of such work for profit. Such agency or
office may, among other things, impose as a condition the payment of royalties. No
prior approval or conditions shall be required for the use for any purpose of
statutes, rules and regulations, and speeches, lectures, sermons, addresses, and
dissertations, pronounced, read or rendered in courts of justice, before
administrative agencies, in deliberative assemblies and in meetings of public
character. (Sec. 9, first par., P.D. No. 49)
2. The author of speeches, lectures, sermons, addresses, and dissertations
mentioned in the preceding paragraphs shall have the exclusive right of making a
collection of his works.
3. Notwithstanding the foregoing provisions, the Government is not precluded from
receiving and holding copyrights transferred to it by assignment, bequest or
otherwise; nor shall publication or republication by the Government in a public
document of any work in which copyright is subsisting be taken to cause any
abridgment or annulment of the copyright or to authorize any use or
appropriation of such work without the consent of the copyright owner. (Sec. 9,
third par., P.D. No. 49)
CHAPTER VI-Ownership of Copyright
SECTION 178. Rules on Copyright Ownership
Copyright ownership shall be governed by the following rules:
1. Subject to the provisions of this section, in the case of original literary and artistic
works, copyright shall belong to the author of the work;
2. In the case of works of joint authorship, the co-authors shall be the original owners
of the copyright and in the absence of agreement, their rights shall be governed by
the rules on co-ownership. If, however, a work of joint authorship consists of parts
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that can be used separately and the author of each part can be identified, the
author of each part shall be the original owner of the copyright in the part that he
has created;
3. In the case of work created by an author during and in the course of his
employment, the copyright shall belong to:
a. The employee, if the creation of the object of copyright is not a part of his
regular duties even if the employee uses the time, facilities and materials
of the employer.
b. The employer, if the work is the result of the performance of his
regularly-assigned duties, unless there is an agreement, express or
implied, to the contrary.
4. In the case of a work commissioned by a person other than an employer of the
author and who pays for it and the work is made in pursuance of the commission,
the person who so commissioned the work shall have ownership of the work, but
the copyright thereto shall remain with the creator, unless there is a written
stipulation to the contrary.
CHAPTER VIII-Limitations on Copyright
SECTION 184. Limitations on Copyright
1. Notwithstanding the provisions of Chapter V, the following acts shall not
constitute infringement of copyright:
a. The recitation or performance of a work, once it has been lawfully made
accessible to the public, if done privately and free of charge or if made
strictly for a charitable or religious institution or society; (Sec. 10(1),
P.D. No. 49)
b. The making of quotations from a published work if they are compatible
with fair use and only to the extent justified for the purpose, including
quotations from newspaper articles and periodicals in the form of press
summaries: Provided, That the source and the name of the author, if
appearing on the work, are mentioned; (Sec. 11, third par., P.D. No. 49)
c. The reproduction or communication to the public by mass media of
articles on current political, social, economic, scientific or religious topic,
lectures, addresses and other works of the same nature, which are
delivered in public if such use is for information purposes and has not
been expressly reserved: Provided, That the source is clearly indicated;
(Sec. 11, P.D. No. 49)
d. The reproduction and communication to the public of literary, scientific
or artistic works as part of reports of current events by means of
photography, cinematography or broadcasting to the extent necessary
for the purpose; (Sec. 12, P.D. No. 49)
e. The inclusion of a work in a publication, broadcast, or other
communication to the public, sound recording or film, if such inclusion
is made by way of illustration for teaching purposes and is compatible
with fair use: Provided, That the source and of the name of the author, if
appearing in the work, are mentioned;
f. The recording made in schools, universities, or educational institutions
of a work included in a broadcast for the use of such schools, universities
or educational institutions: Provided, that such recording must be
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deleted within a reasonable period after they were first broadcast:
Provided, further, That such recording may not be made from
audiovisual works which are part of the general cinema repertoire of
feature films except for brief excerpts of the work;
g. The making of ephemeral recordings by a broadcasting organization by
means of its own facilities and for use in its own broadcast;
h. The use made of a work by or under the direction or control of the
Government, by the National Library or by educational, scientific or
professional institutions where such use is in the public interest and is
compatible with fair use;
i. The public performance or the communication to the public of a work,
in a place where no admission fee is charged in respect of such public
performance or communication, by a club or institution for charitable or
educational purpose only, whose aim is not profit making, subject to
such other limitations as may be provided in the Regulations;
j. Public display of the original or a copy of the work not made by means
of a film, slide, television image or otherwise on screen or by means of
any other device or process: Provided, That either the work has been
published, or, that the original or the copy displayed has been sold, given
away or otherwise transferred to another person by the author or his
successor in title; and
k. Any use made of a work for the purpose of any judicial proceedings or
for the giving of professional advice by a legal practitioner.
2. The provisions of this section shall be interpreted in such a way as to allow the
work to be used in a manner which does not conflict with the normal exploitation
of the work and does not unreasonably prejudice the right holder's legitimate
interests.
SECTION 185. Fair Use of a Copyrighted Work
1. The fair use of a copyrighted work for criticism, comment, news reporting,
teaching including multiple copies for classroom use, scholarship, research, and
similar purposes is not an infringement of copyright. Decompilation, which is
understood here to be the reproduction of the code and translation of the forms
of the computer program to achieve the inter-operability of an independently
created computer program with other programs may also constitute fair use. In
determining whether the use made of a work in any particular case is fair use, the
factors to be considered shall include:
a. The purpose and character of the use, including whether such use is of a
commercial nature or is for non-profit educational purposes;
b. The nature of the copyrighted work;
c. The amount and substantiality of the portion used in relation to the
copyrighted work as a whole; and
d. The effect of the use upon the potential market for or value of the
copyrighted work.
2. The fact that a work is unpublished shall not by itself bar a finding of fair use if
such finding is made upon consideration of all the above factors.
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SECTION 187. Reproduction of Published Work
1. Notwithstanding the provision of Section 177, and subject to the provisions of
Subsection 187.2, the private reproduction of a published work in a single copy,
where the reproduction is made by a natural person exclusively for research and
private study, shall be permitted, without the authorization of the owner of
copyright in the work.
2. The permission granted under Subsection 187.1 shall not extend to the
reproduction of:
a. A work of architecture in the form of building or other construction;
b. An entire book, or a substantial part thereof, or of a musical work in graphic
form by reprographic means;
c. A compilation of data and other materials;
d. A computer program except as provided in Section 189; and
e. Any work in cases where reproduction would unreasonably conflict with a
normal exploitation of the work or would otherwise unreasonably
prejudice the legitimate interests of the author.
SECTION 192. Notice of Copyright.
Each copy of a work published or offered for sale may contain a notice bearing the
name of the copyright owner, and the year of its first publication, and, in copies produced
after the creator's death, the year of such death. (Sec. 27, P.D. No. 49a)
CHAPTER X -Moral Rights
SECTION 193. Scope of Moral Rights
The author of a work shall, independently of the economic rights in Section 177 or
the grant of an assignment or license with respect to such right, have the right:
1. To require that the authorship of the works be attributed to him, in particular, the
right that his name, as far as practicable, be indicated in a prominent way on the
copies, and in connection with the public use of his work;
2. To make any alterations of his work prior to, or to withhold it from publication;
3. To object to any distortion, mutilation or other modification of, or other
derogatory action in relation to, his work which would be prejudicial to his honor
or reputation; and
4. To restrain the use of his name with respect to any work not of his own creation
or in a distorted version of his work. (Sec. 34, P.D. No. 49)
SECTION 194. Breach of Contract
An author cannot be compelled to perform his contract to create a work or for the
publication of his work already in existence. However, he may be held liable for damages
for breach of such contract. (Sec. 35, P.D. No. 49)
SECTION 195. Waiver of Moral Rights
An author may waive his rights mentioned in Section 193 by a written instrument,
but no such waiver shall be valid where its effects is to permit another:
1. To use the name of the author, or the title of his work, or otherwise to make use of
his reputation with respect to any version or adaptation of his work which,
because of alterations therein, would substantially tend to injure the literary or
artistic reputation of another author; or
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2. To use the name of the author with respect to a work he did not create. (Sec. 36,
P.D. No. 49)
SECTION 198. Term of Moral Rights
1. The rights of an author under this chapter shall last during the lifetime of the
author and for fifty (50) years after his death and shall not be assignable or subject
to license. The person or persons to be charged with the posthumous enforcement
of these rights shall be named in writing to be filed with the National Library. In
default of such person or persons, such enforcement shall devolve upon either the
author's heirs, and in default of the heirs, the Director of the National Library.
2. For purposes of this Section, "Person" shall mean any individual, partnership,
corporation, association, or society. The Director of the National Library may
prescribe reasonable fees to be charged for his services in the application of
provisions of this Section. (Sec. 39, P.D. No. 49)
Part V – Final Provision
In this part of the Intellectual Property Code of the Philippines, the final provision
of the act was laid out. Additionally, this part also discusses the abolition of the Bureau of
Patents, Trademarks, and Technology Transfer under Department of Trade and Industry.
In this part also of the Act indicates the effective date of this act and this act will be
effective on January 1, 1998. It was approved on June 6, 1997.
Self-Help: You can also refer to the sources below to help you
further understand the lesson:
Republic Act No. 8293 (1997). Philippines Intellectual Property Code [PDF File]
Engineering Laws of the Philippines with RELATED Laws. 1981.Rex Bookstore
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Let’s check
Activity 1. Identification
________________1. These works are also protected by copyright; such as dramatization of
an already copyrighted literary work, interpretation and adaptation.
________________2. The Intellectual Property Code of the Philippines was deemed effective
on ________________.
________________3. The term of the patent prior to the filling date of the application would
be _____________.
________________4. This rule states that if two (2) or more persons have made the
invention separately and independently of each other, the right to the
patent shall belong to the person who filed an application for such
invention, or where two or more applications are filed for the same
invention, to the applicant who has the earliest filing date or, the earliest
priority date.
________________5. A work is said to be ____________ if it is in contrary to the moral of the
man.
________________6. It is the name of the company or an enterprise.
________________7. It is the name or designation of a company to distinguish an
organization's service from those of its competitors.
________________8. It may be a symbol, a word, or words that will represent a company or
a product.
________________9. A work that has been created by two or more people.
________________10. These are the works that are made available to the public with the
consent of the authors by wire or wireless means.
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Let’s Analyze
Activity 1. Determine whether the following are patentable or non-patentable.
________________1. A new drug to treat cancer.
________________2. A new suction system for vacuum cleaners.
________________3. A new method of water purification.
________________4. A new formulation of pesticide.
________________5. Formulation of a drug to cure for HIV aids.
________________6. Formulation of a mathematical formula on how the generator
produces electricity.
________________7. Human cloning
________________8. Isolation of polypeptides and proteins
________________9. Discovery of a new mathematical methods.
________________10. New design for military biological and chemical weapons.
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In a Nutshell
Activity 1. Essay
Warfare activities still rampant nowadays, and many scientist and inventors
researches and formulated different warfare agents. From weapons such as launched
smoke grenades, rifles, heavy firearms, biological weapons, chemical weapons and
nuclear weapons. Inventors of these weapons applied for a patent and has been
approved.
For instance, as a chemical engineer, you accidentally invented a genocidal
chemical agent that could possibly kill thousands of people. Will you apply for a patent
knowing that it could generally cause human life threatening? Why?
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BIG PICTURE IN FOCUS: ULOb. To formulate a review paper about
the impacts of the chemical plants/industries here in the
Philippines to the environment.
Metalanguage
Below are the essential terms that you are going to encounter in the pursuit of
understanding the Environmental Impact Assessment guidelines, procedures, standards,
and its importance to the society. You are strongly advised to frequently refer to these
definitions to help you understand the succeeding discussions.
Carrying Capacity is a measure of capacity of the environment to absorb impacts within
recovery thresholds such that there is no significant deterioration or depletion of
resources to a point where sustainable ecosystem function is impaired.
Certificate of Non-Coverage is a certification issued by the EMB certifying that, based
on the submitted project description, the project is not covered by the EIS System
and is not required to secure an ECC.
Co-located projects / undertakings are projects, or series of similar projects or a
project subdivided to several phases and/or stages by the same Proponent,
located in contiguous areas.
Cumulative Impacts are additive impacts from various sources
EMB Director is the Director of the DENR-EMB at the Central Office
MB RD / EMB RO Director is the Director of the DENR-EMB at the Regional Office
Environment is the surrounding air, water (both ground and surface), land, flora, fauna,
humans and their interrelations.
Environmental Compliance Certificate (ECC) is a certificate of Environmental
Compliance Commitment to which the Proponent conforms to, after DENR-EMB
explains the ECC conditions, by signing the sworn undertaking of full
responsibility over implementation of specified measures which are necessary to
comply with existing environmental regulations or to operate within best
environmental practices that are not currently covered by existing laws. It is a
document issued by the DENR/EMB after a positive review of an ECC application,
certifying that the Proponent has complied with all the requirements of the EIS
System and has committed to implement its approved Environmental
Management Plan. The ECC also provides guidance to other agencies and to LGUs
on EIA findings and recommendations, which need to be considered in their
respective decision-making process.
Environmentally Critical Areas (ECAs) are an environmentally sensitive area declared
through Proclamation 2146 wherein significant environmental impacts are
expected if certain types/thresholds of proposed projects are located, developed
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or implemented in it. Updating of technical descriptions of ECAs is vested on the
DENR-EMB through Section 2-D of AO 42 (2002).
Environmentally Critical Project (ECP) are projects belonging to project types declared
through Proclamation No. 2146 and Proclamation No. 803 which may pose
significant negative environmental impact at certain thresholds of operation
regardless of location. Updating of technical descriptions of ECPs is vested on the
DENR-EMB through Section 2-D of AO 42 (2002), in coordination with the DTI as
provided for in Section 3-A of AO 42.
Environmental Guarantee Fund (EGF) – fund to be set up by a project Proponent which
shall be readily accessible and disbursable for the immediate clean-up or
rehabilitation of areas affected by damages in the environment and the resulting
deterioration of environmental quality as a direct consequence of a project’s
construction, operation or abandonment. It shall likewise be used to compensate
parties and communities affected by the negative impacts of the project, and to
fund community-based environment related projects including, but not limited to,
information and education and emergency preparedness programs.
Environmental Impact Assessment (EIA) is a process that involves evaluating and
predicting the likely impacts of a project (including cumulative impacts) on the
environment during construction, commissioning, operation and abandonment. It
also includes designing appropriate preventive, mitigating and enhancement
measures addressing these consequences to protect the environment and the
community’s welfare.
Environmental Impact Assessment Consultant is/are a professional or group of
professionals commissioned by the Proponent to prepare the EIS/IEE and other
related documents. In some cases, the person or group referred to may be the
Proponent’s technical staff.
Environmental Impact Assessment Review Committee (EIARC) is a body of
independent technical experts and professionals of known probity from various
fields organized by the EMB to evaluate the EIS and other related documents and
to make appropriate recommendations regarding the issuance or non-issuance of
an ECC.
Environmental Impact Statement (EIS) is document, prepared and submitted by the
project Proponent and/or EIA Consultant that serves as an application for an ECC.
It is a comprehensive study of the significant impacts of a project on the
environment. It includes an Environmental Management Plan/Program that the
Proponent will fund and implement to protect the environment.
Environmental Management Plan/Program (EMP) is a section in the EIS that details
the prevention, mitigation, compensation, contingency and monitoring measures
to enhance positive impacts and minimize negative impacts and risks of a
proposed project or undertaking. For operating projects, the EMP can also be
derived from an EMS.
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Environmental Management Systems (EMS) refers to the EMB PEPP EMS as provided
for under DAO 2003-14, which is a part of the overall management system of a
project or organization that includes environmental policy, organizational
structure, planning activities, responsibilities, practices, procedures, processes
and resources for developing, implementing, achieving, reviewing and
maintaining an improved overall environmental performance.
Environmental Monitoring Fund (EMF) are funds that a Proponent shall set up after an
ECC is issued for its project or undertaking, to be used to support the activities of
the multi-partite monitoring team. It shall be immediately accessible and easily
disbursable.
Environmental Performance is the capability of Proponents to mitigate environmental
impacts of projects or programs.
Environmental Performance Report and Management Plan (EPRMP) is a
documentation of the actual cumulative environmental impacts and effectiveness
of current measures for single projects that are already operating but without
ECCs.
Environmental Risk Assessment (ERA) is the assessment, through the use of
universally accepted and scientific methods, of risks associated with a project. It
focuses on determining the probability of occurrence of accidents and their
magnitude (e.g. failure of containment or exposure to hazardous materials or
situations.)
Initial Environmental Examination (IEE) Report is a document similar to an EIS, but
with reduced details and depth of assessment and discussion.
Initial Environmental Examination (IEE) Checklist Report is simplified checklist
version of an IEE Report, prescribed by the DENR, to be filled up by a Proponent
to identify and assess a project’s environmental impacts and the
mitigation/enhancement measures to address such impacts.
Programmatic Environmental Impact Statement (PEIS) is the documentation of
comprehensive studies on environmental baseline conditions of a contiguous area.
It also includes an assessment of the carrying capacity of the area to absorb impacts
from co-located projects such as those in industrial estates or economic zones
(ecozones).
Programmatic Environmental Performance Report and Management Plan
(PEPRMP) is the documentation of actual cumulative environmental impacts of colocated projects with proposals for expansion. The PEPRMP should also describe
the effectiveness of current environmental mitigation measures and plans for
performance improvement.
Project Description (PD) is a document, which may also be a chapter in an EIS that
describes the nature, configuration, use of raw materials and natural resources,
production system, waste or pollution generation and control and the activities of a
proposed project. It includes a description of the use of human resources as well as
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activity timelines, during the pre-construction, construction, operation and
abandonment phases.
Project or Undertaking is any activity which may have varying levels of significance of
impact on the environment, e.g. from high to moderate to nil significance, implying
different intensities of preventive or mitigating interventions.
Scoping is the stage in the EIS System where information and project impact assessment
requirements are more definitely established and focused to provide the Proponent
and the stakeholders the final scope of work and terms of reference for the EIS.
Essential Knowledge
To perform the aforesaid big picture (unit learning outcomes), you need to
understand the necessary rules and regulation that are in need to be follow in the
conduct of your profession that will be laid down in the succeeding pages. Please
note that you are not limited to exclusively refer to these resources. Thus, you are
expected to utilize other books, research articles and other resources that are
available in the university’s library e.g. ebrary, search.proquest.com etc.
Environmental Impact Assessment
Philippines adopt and establishes the Philippine Environmental Impact
Statement System (PEISS) on June 11, 1978 under PD 1586 and was signed by President
Ferdinand Marcos. This decree aims to protect the environmental aspects of the society
when constructing an establishment/project. This system assesses the direct and
indirect impacts of a project on the biophysical and human environment and ensuring
that these impacts are addressed by appropriate environmental protection and
enhancement measures.
The Department of Environment and Natural Resources takes the lead in the
implementation of the EIA system through the Environmental Management Bureau and
its regional offices. A project classified or declared to be environmentally critical
projects or projects that are located in a protected critical area in the Philippine
archipelago, a full-scale EIA study will be made. However, those projects that are not
classified as environmentally critical projects nor located in critical areas, they are not
required to conduct an EIA but will conduct an Initial Environmental Examination. For
instance, all Environmental Impact Statement will be submitted to the National
Environmental Protection Council for review and assessment.
Covered Project of the PEISS
Pursuant to Sec. 4 of PD 1586 (1978), the EIA Process covers projects which have
been originally declared as Environmentally Critical Projects (ECPs) or projects in
Environmentally Critical Areas (ECAs) presumed to have significant impacts on the
quality of the environment. On the other hand, Sec. 5 of PD 1586 provides for noncovered projects, which may be required environmental safeguards if deemed necessary
by DENR.
The mentioned PD 1586 provisions do not specifically preclude DENR from
including into the EIS System additional non-environmentally critical project (NECP)
types which if located in ECAs may have significant impacts on the environment. DENR
may also exclude from the System certain projects, regardless of location or
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threshold/project size, due to nil significant impacts arising from inherent benign or
clean technology and due to the very nature of the projects’ mitigation of environmental
issues or enhancement of the quality of the environment.
PROJECT TYPE
There four (4) ECP project types and 12 ECA categories have been declared through
Proclamation No. 2146 (1981) and Proclamation No. 803 (1996).
A. List of ECPs as declared by Proclamation No. 2146 (1981)
1. Heavy Industries – Non-ferrous Metal Industries, Iron and Steel Mills,
Petroleum and Petro-chemical Industries including Oil and Gas, Smelting
Plants
2. Resource Extractive Industries – Major Mining and Quarrying Projects,
Forestry Projects (logging, major wood processing projects, introduction of
fauna (exotic animals) in public and private forests, forest occupancy,
extraction of mangrove products, grazing), Fishery Projects (dikes for/ and
fishpond development projects)
3. Infrastructure Projects – Major Dams, Major Power Plants (fossil-fueled,
nuclear fueled, hydroelectric or geothermal), Major Reclamation Projects,
Major Roads and Bridges As declared by Proclamation No. 803 (1996)
4. All golf course projects
B. List of ECA Categories - As declared by Proclamation No. 2146 (1981)
1. All areas declared by law as national parks, watershed reserves, wildlife
preserves, sanctuaries
2. Areas set aside as aesthetic potential tourist spots
3. Areas which constitute the habitat of any endangered or threatened species
of Philippine wildlife (flora and fauna)
4. Areas of unique historic, archaeological, or scientific interests
5. Areas which are traditionally occupied by cultural communities or tribes
6. Areas frequently visited and/or hard-hit by natural calamities (geologic
hazards, floods, typhoons, volcanic activity, etc.)
7. Areas with critical slopes
8. Areas classified as prime agricultural lands
9. Recharged areas of aquifers
10. Water bodies characterized by one or any combination of the following
conditions: tapped for domestic purposes; within the controlled and/or
protected areas declared by appropriate authorities; which support wildlife
and fishery activities
11. Mangrove areas characterized by one or any combination of the following
conditions: with primary pristine and dense young growth; adjoining mouth
of major river systems; near or adjacent to traditional productive fry or
fishing grounds; areas which act as natural buffers against shore erosion,
strong winds and storm floods; areas on which people are dependent for
their livelihood
12. Coral reefs characterized by one or any combination of the following
conditions: With 50% and above live coralline cover; Spawning and nursery
grounds for fish; Act as natural breakwater of coastlines
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ECA DETERMINATION
ECA Determination: Any one (1) confirmed ECA among the 12 categories
renders a project location an ECA. However, before a project location is considered in a
Non-ECA (NECA), all of the relevant ECA categories (e.g. ECA category of “coral reefs”
and “mangrove areas” are not relevant for a project proposed to be located up in the
mountains) have to be confirmed by Proponent through the mandated agencies as “not
an ECA” based on the technical descriptions.
EMB will decide on the relevance of the ECA categories to the project location.
If the agency with jurisdiction on the ECA cannot confirm the ECA status of the project,
the “uncertain” status renders the project location as ECA, per EMB convention. The
burden of proof lies with the Proponent in proving that the project is located in a NECA.
DENR can only certify ECAs within its own mandate, as follows: water bodies to be
certified by DENR-EMB; NIPAS areas, wildlife habitats and mangrove areas, by
PAWB/CENRO/PENRO; geologic hazard areas and areas of critical slope, by DENR-MGB.
Single Project Groupings
Consistent with Proclamation Nos. 2146 and 803 and AO 42, single projects
have been classified into three (3) major groups, as follows:
1. Group I: ECPs in either ECAs or NECAs (Environmentally Critical Projects in
either Environmentally Critical Areas or Non-Environmentally Critical
Areas)
These are project types declared through Proclamation Nos. 2146 and 803 with
technical descriptions provided by NEPC Circular No. 3 of 1983 and updated by
EMB with DTI concurrence on 6 July 2004 as authorized by Sections 2-D and 3A of AO 42 (2002):
❖
❖
❖
❖
❖
❖
❖
❖
ALL Golf Course projects
Heavy Industries
Fishery
Logging and Grazing projects with EIS requirement (with highest
potential level of significance of impact)
ALL projects introducing exotic fauna in public and private forests
MAJOR wood processing
MAJOR mining and quarrying projects
MAJOR listed infrastructure projects. There are currently a total of 37
listed project types in Group 1, all with EIS requirement.
2. Group II: NECPs in ECAs (Non-Environmentally Critical Projects in
Environmentally Critical Areas)
These are Heavy Industries, Fishery, and Logging projects with IEE as the
highest documentary requirement (with moderate to nil significance of impact);
MINOR wood processing projects, MINOR mining and quarrying projects,
MINOR infrastructure projects in the same project types as listed in Proc No.
2146, as well as 16 additional project types which may be located in any of the
12 ECAs. There are currently 118-listed project types under Group II.
These are the list of additional Non-Environmentally-Critical Project (NECP)
Types in ECAs classified in Group II:
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1. Agriculture industry
2. Buildings, storage facilities and other structures
3. Chemical industries
4. Cottage industries
5. Demonstration and pilot projects
6. Environmental enhancement and mitigation projects
7. Food and related industries
8. Packaging materials and miscellaneous products industries
9. Pipeline projects
10. Textile, wood and rubber industries
11. Tourism industry
12. Transport terminal facilities
13. Treasure hunting in NIPAS areas
14. Waste management projects
15. Water supply, irrigation or flood control projects
16. Wildlife farming or any related projects as defined by PAWB
3. Group III: NECPs in NECAs (Non-Environmentally Critical Projects in NonEnvironmentally Critical Areas)
These are ALL Group II project types outside ECAs.
4. Group IV (Co-located Projects in either ECA or NECA)
A co-located project is a group of single projects, under one or more
proponents/locators, which are located in a contiguous area and managed by one
administrator, who is also the ECC applicant. The co-located project may be an
economic zone or industrial park, or a mix of projects within a catchment,
watershed or river basin, or any other geographical, political or economic unit of
area. Since the location or threshold of specific projects within the contiguous area
will yet be derived from the EIA process based on the carrying capacity of the
project environment, the nature of the project is called” programmatic”.
5. Group V (Unclassified Projects)
These are the projects not listed in any of the groups, e.g. projects using new
processes/technologies with uncertain impacts. This is an interim category –
unclassified projects will eventually be classified into their appropriate groups
after EMB evaluation.
TYPE OF EIA REPORT
There are seven (7) types of EIA Report declared by the PEISS.
New Projects
EIA-covered projects in Groups I, II and IV are required either an (1)
Environmental Impact Statement (EIS), (2) Programmatic EIS (PEIS), (3) Initial
Environmental Examination Report (IEER) or (4) IEE Checklist (IEEC), depending on
project type, location, magnitude of potential impacts and project threshold. For noncovered projects in Groups II and III, a (5) Project Description Report (PDR) is the
appropriate document to secure a decision from DENR/EMB. The PDR is a “must”
requirement for environmental enhancement and mitigation projects in both ECAs
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(Group II) and NECAs (Group III) to allow EMB to confirm the benign nature of proposed
operations for eventual issuance of a Certificate of Non-Coverage (CNC).
All other Group III (non-covered) projects do not need to submit PDRs –
application is at the option of the Proponent should it need a CNC for its own purposes,
e.g. financing prerequisite. For Group V projects, a PDR is required to ensure new
processes/technologies or any new unlisted project does not pose harm to the
environment. The Group V PDR is a basis for either issuance of a CNC or classification of
the project into its proper project group.
Operating Projects with Previous ECC
For operating projects with previous ECCs but planning or applying for clearance
to modify/expand or re-start operations, or for projects operating without an ECC but
applying to secure one to comply with PD 1586 regulations, the appropriate document is
not an EIS but an EIA Report incorporating the project’s environmental performance and
its current Environmental Management Plan.
This report is either an (6) Environmental Performance Report or
Management Plan (EPRMP) for single project applications or a (7) Programmatic
EPRMP (PEPRMP) for co-located project applications. However, for small project
modifications, an updating of the project description or the Environmental Management
Plan with the use of the proponent’s historical performance and monitoring records may
suffice.
Key Substantive Contents in an EIA Report
1. Project Description, including its location, scale and duration, rationale,
alternatives, phases and components, resource requirements, manpower
complement, estimate of waste generation from the most critical project
activities and environmental aspects, project cost
2. Baseline Environmental Description (of the land, water, air and people),
focused on the sectors and resources most significantly affected by the proposed
action.
3. Impact Assessment, focused on significant environmental impacts (in relation
to pre-construction, construction/development, operation and decommissioning
stages), taking into account cumulative, unavoidable and residual impacts;
4. Environmental Management Plan, specifying the impacts mitigation plan,
areas of public information, education and communication, social development
program proposal, environmental monitoring plans (with multi-sectoral public
participation for EIS-based projects) and the corresponding institutional and
financial requirements/ arrangements.
Stages of the Philippine EIA Process
Under the Revised Procedural Manual of DAO 2003-30, a step-by-step procedure
of the application of Environmental Compliance Certificates (ECCs) and Certificate of
Non-Coverage (CNCs) were discussed.
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Application into the EIS System requires compliance with certain stages of the
EIA Process. Requirements per EIA stage varies depending on the project group/type
being applied for.
The Philippine EIA Process has six (6) sequential stages:
❖ Screening
❖ Scoping
❖ EIA Study and Report Preparation
❖ EIA Review and Evaluation, Decision Making
❖ Post-ECC Monitoring
❖ Validation and Evaluation/Audit stage.
Stages 1, 2, 3 and 6a are all proponent-driven while Stages 4, 5 and 6b are DENR-EMB
driven stages. The first five (5) stages are those involved when a Proponent applies for
ECC or CNC. Process flow diagram of the summary of all the process in the application
of the EIA System was shown below:
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Figure 1. EIA Process Flow Diagram
I.
SCREENING
Screening determines if a project is covered or not covered by the PEISS. If a
project is covered, screening further determines what document type the project should
prepare to secure the needed approval, and what the rest of the requirements are in
terms of EMB office of application, endorsing and decision authorities, duration of
processing.
II.
SCOPING
Scoping is a Proponent-driven multi-sectoral formal process of determining the
focused Terms of Reference of the EIA Study. Scoping identifies the most significant
issues/impacts of a proposed project, and then, delimits the extent of baseline
information to those necessary to evaluate and mitigate the impacts. The need for and
scope of an Environmental Risk Assessment (ERA) is also done during the scoping
session. Scoping is done with the local community through Public Scoping and with a
third party EIA Review Committee (EIARC) through Technical Scoping, both with the
participation of the DENR-EMB. The process results in a signed Formal Scoping Checklist
by the review team, with final approval by the EMB Chief.
III.
EIA STUDY
The EIA Study involves a description of the proposed project and its alternatives,
characterization of the project environment, impact identification and prediction,
evaluation of impact significance, impact mitigation, formulation of Environmental
Management and Monitoring Plan, with corresponding cost estimates and institutional
support commitment. The study results are presented in an EIA Report for which an
outline is prescribed by EMB for every major document type.
IV.
REVIEW OF EIA REPORTS
Review of EIA Reports normally entails an EMB procedural screening for
compliance to minimum requirements specified during Scoping, followed by a
substantive review of either composed third party experts commissioned by EMB as the
EIA Review Committee for PEIS/EIS-based applications, or DENR/EMB internal
specialists, the Technical Committee, for IEE-based applications. EMB evaluates the
EIARC recommendations and the public’s inputs during public consultations/hearings
in the process of recommending a decision on the application. The EIARC Chair signs
EIARC recommendations including issues outside the mandate of the EMB. The entire
EIA review and evaluation process is summarized in the Review Process Report (RPR)
of the EMB, which includes a draft decision document.
V.
DECISION MAKING
Decision Making involves evaluation of EIA recommendations and the draft
decision document, resulting to the issuance of an ECC, CNC or Denial Letter. When
approved, a covered project is issued its certificate of Environmental Compliance
Commitment (ECC) while an application of a non-covered project is issued a Certificate
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of Non-Coverage (CNC). Endorsing and deciding authorities are designated by AO 42,
and further detailed in this Manual for every report type. Moreover, the Proponent signs
a sworn statement of full responsibility on implementation of its commitments prior to
the release of the ECC. The ECC is then transmitted to concerned LGUs and other GAs for
integration into their decision-making process.
The regulated part of EIA Review is limited to the processes within EMB control.
The timelines for the issuance of decision documents provided for in AO 42 and DAO
2003-30 are applicable only from the time the EIA Report is accepted for substantive
review to the time a decision is issued on the application.
VI.
MONITORING, VALIDATION AND EVALUATION/AUDIT
Monitoring, Validation and Evaluation/Audit stage assesses performance of the
Proponent against the ECC and its commitments in the Environmental Management and
Monitoring Plans to ensure actual impacts of the project are adequately prevented or
mitigated.
Decision on EIA Applications
The outcome of the EIA Process within the system administered by the DENR is
the issuance of decision documents. Decision documents may either be an ECC, CNC or
a Denial Letter, described as follows:
I.
An ECC is issued as a certificate of Environmental Compliance Commitment to
which the Proponent conforms with, after DENR-EMB explains the ECC
conditions. The Proponent signs the sworn undertaking of full responsibility over
implementation of specified measures which are necessary to comply with
existing environmental regulations or to operate within best environmental
practices that are not currently covered by existing laws.
The ECC shall not include any trivial recommendations and conditions which are
not intended to critically guide the Proponent’s performance against its EIA
commitments. For example, the requirement of very specific dimensions of
project facilities or billboards announcing the ECC issuance shall not be made an
ECC condition to allow the Proponent flexibility in its project design within the
limits and context of its ECC application.
II.
A Certificate of Non-Coverage (CNC) certifies that, based on the submitted
Project Description Report, the project is not covered by the EIS System and is
not required to secure an ECC. Further, the CNC advises the Proponent on
coverage to other requirements by other DENR offices, LGUs or other
government agencies. Based on the Supreme Court Decision on 12 September
2002 (DENR Region XI vs. City of Davao, G.R. #148622), DENR-EMB cannot
require an ECC or deny a CNC application for a project that is confirmed to be not
an ECP and not within an ECA. It is ministerial upon DENR-EMB to issue the CNC
upon application by a Proponent.
III.
A Denial Letter shall contain an explanation for the disapproval of the
application and guidance on how the application can be improved to a level of
acceptability in the next EIA process. Unsatisfactory evaluation by the EIARC or
EMB of the Proponent’s submitted Additional Information (AI) at the end of the
review process shall be a basis for the denial of the application. However, non64
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submission of an AI within the agreed timeframe may result only to a return of
the EIA Report. Should the Proponent fail to resubmit the EIA Report within a
prescribed period, the application is considered “dropped” (not denied). The
Proponent will thereafter have to submit a new application with payment of new
processing fees if it decides to pursue acquisition of an ECC.
ECC Validity and Expiry
Once a project is implemented, the ECC remains valid and active for the lifetime
of the project. ECC conditions and commitments are permanently relieved from
compliance by the Proponent only upon validation by EMB of the successful
implementation of the environmental aspects/component of the Proponent’s
Abandonment or Rehabilitation or Decommissioning Plan. This pre-condition for ECC
validity applies to all projects including those wherein ECC expiry dates have been
specified in the ECC.
However, the ECC automatically expires if a project has not been implemented
within five (5) years from ECC issuance, or if the ECC was not requested for extension
within three (3) months from the expiration of its validity. If the baseline characteristics
have significantly changed to the extent that the impact assessment as embodied in the
Environmental Management Plan (EMP) is no longer appropriate, the EMB office
concerned shall require the Proponent to submit a new application. The EIA Report on
the new application shall focus only on the assessment of the environmental component,
which significantly changed.
Visit the EMB Official Website to see the full details of the procedures and guidelines in the
application of ECC and CNC.
Environmentally Critical Areas
These are the following areas declared as Environmentally Critical Areas;
a) Areas declared by law as
❖ National parks
❖ Watershed reserves
❖ Wildlife preserves
❖ Sanctuaries
b) Areas set aside as aesthetic potential tourist spots
c) Areas which constitute habitat for any endangered or threatened species of
Philippine Wildlife (Flora or Fauna)
d) Areas of Unique historic, archeological, geological, or scientific interests
e) Areas which are traditionally occupied by cultural communities or tribes
f) Areas frequently visited and or hard-hit by natural calamities
❖ Geological hazards
❖ Floods
❖ Typhoons
❖ Volcanic activities
g) Areas with critical slope
h) Areas classified as prime agricultural land
i) Recharged areas of aquifers
j) Water bodies
k) Mangrove areas
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l) Coral reefs
Fines, Penalties and Sanctions
Legal Basis of Fines and Penalties
The fines, penalties and sanctions of the Philippine EIS System is based on Section
9.0 provision of P.D. 1586, as follows: “Penalty for Violation. Any person, corporation or
partnership found violating Section 4 of this Decree, or the terms and conditions in the
issuance of the Environmental Compliance Certificate, or of the standards, rules and
regulations issued by the National Environmental Protection Council pursuant to this
Decree shall be punished the suspension or cancellation of his/its certificate and/or a
fine in an amount not to exceed fifty thousand pesos (P50,000.00) for every violation
thereof, at the discretion of the National Environmental Protection Council.”
Section 4 of P.D. 1586 states that “No person, partnership or corporation shall
undertake or operate any such declared environmentally critical project or area
without first securing an Environmental Compliance Certificate issued by the
President or his duly authorized representative.”
Suspension of ECCs
ECCs may be suspended for violation of Proponents to comply with ECC
conditions. It is noted that ECC suspension does not necessarily mean the Proponent is
absolved of its responsibility in implementing its approved Environmental Management
Plan (EMP). PD 1586 does not preclude the fact that DENR may require the Proponent
to institute environmental safeguards/measures to prevent further threat or actual
damage to the environment.
Authority to Impose Fines and Penalties
Imposition of fines and penalties based on the succeeding guidelines is vested
on the Directors of the EMB Central Office or Regional Office upon persons or entities
found violating provisions of P.D. 1586 and its Implementing Rules and Regulations.
Cease and Desist Order
The EMB Director or the EMB-RD may issue a Cease and Desist Order (CDO)
based on violations under the Philippine EIS System which cannot be attributed to
specific environmental laws (e.g. RA 8749, RA 9275, RA 6969, etc) and/or which present
grave or irreparable damage to the environment. Such CDO shall be effective
immediately. An appeal or any motion seeking to lift the CDO shall not stay its affectivity.
However, the DENR shall act on such appeal or motion within ten (10) working days
from filing.
Scope of Violations
Violations of provisions of PD 1586 and DAO 2003-30 are classified as follows:
a) Projects with or without ECCs which pose grave and/or irreparable danger to
environment, life and property wherein causes are not regulated by any specific
environmental law;
b) Projects are established and/or operating without an ECC: A project that has
commenced its implementation is deemed “operating without an ECC”, whether
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or not it is in actual operation. The phrase “operating without ECC” refers to all
projects that were implemented without ECC but should have secured one as
provided for by the PD 1586 IRR effective at the time. Operating with an ECC
secured from agencies or entities other than DENR is also considered “operating
without an ECC”. Covered projects operating without an ECC shall not be issued
EMB regional environmental permits by EMBPCD/ EQD until such projects have
complied with the PEISS in securing an ECC.
c) Violations of conditions of ECCs with old format referring to submission of
documents, conduct of studies and other conditions within the mandate of other
agencies (e.g. Relocation Plan under HLURB/NHA; Traffic Management Plan
under LGU; Occupational Health and Safety Plan under DOLE; Epidemiological
Studies under DOH, etc): Violations shall be limited to procedural or
administrative non-compliance (e.g. Refer to Minor Offense #1 below on delay or
non-submission). The acceptability of these documents based on substantive
evaluation cannot be a ground for violation under PD 1586. Mandated agencies
shall have primacy of jurisdiction on assessing compliance with these
requirements.
d) Projects violating ECC conditions and EMP Commitments and other procedural
requirements of the Philippine EIS System: Violations in relation to ECC
conditions are classified as minor and major offenses, differentiated by schedule
of fines based on seriousness and gravity of the offense:
i. MINOR Offenses (violations of administrative conditions in the ECC and
the EIS System procedures, rules and regulations that will not have direct
significant impact on the environment but can impede or delay
compliance against other ECC conditions and/or EMP commitments
which the Proponent is required to comply or can prevent/deter EMB
from performing monitoring or audit functions on the Proponent’s
environmental performance), such as:
1. non-submission
or
delay
in
submission
of
reports/requirements;
2. transfer of ownership of the project/ECC without prior approval
from ECC-issuing authority;
3. delay or failure to initiate formation or implementation of ECC
conditions which do not have significant impacts on the
environment, such as formation of EU, MMT, EMF, EGF,
enhancement measures and other similar/equivalent
requirements prior to the required deadline in the ECC;
4. non-compliance with other administrative conditions in the
ECC;
5. non-compliance with administrative and technical procedural
guidelines in the DAO 2003-30 and its Revised Procedural
Manual; and
6. Other offenses deemed “minor” at the discretion of the EMB
CO/RO Director.
ii. MAJOR Offenses (violations of substantive conditions in the ECC and the
EIS System procedures, rules and regulations that will have significant
impact on the environment and which the Proponent is required to
comply), such as:
1. Non-implementation of substantive conditions in the ECC on the
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EMP and EMoP and other related substantive commitments in the
EIA Report, including modifications during EIA Report Review,
2. Exceedance of project limits or area;
3. significant addition of project component or product without prior
DENR/EMB approval;
4. Major change in project process or technology resulting in
unmitigated significant impacts not addressed by approved EMP;
5.Other offenses deemed “major” at the discretion of the EMB CO/RO
Director.
e) Misrepresentation in the EIA Report or any other EIA documents: All
misrepresentations, whether material or minor constitute violations on the
theory that full disclosure in the EIA Report is the key to the effective use of the
EIS System as a planning and management tool.
Self-Help: You can also refer to the sources below to help you
further understand the lesson:
Revised Procedural Manual DAO 2003 03 (2003). Environmental Impact Assessment
[PDF File]
EIAP Procedures by the Philippines
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Let’s Check
Activity 1. Identification
______________1. This shall contain an explanation for the disapproval of the application
and guidance on how the application can be improved to a level of acceptability
in the next EIA process.
______________2. This involves a description of the proposed project and its alternatives,
characterization of the project environment, impact identification and
prediction, evaluation of impact significance, impact mitigation, formulation of
Environmental Management and Monitoring Plan, with corresponding cost
estimates and institutional support commitment.
______________3. This process is a proponent-driven multi-sectoral formal process of
determining the focused Terms of Reference of the EIA Study.
______________4. It is the first stage of the EIA Process in the Philippines in which the
proponent will determine whether a project is covered or not covered by the
PEISS System.
______________5. These are the projects that are not listed in any of the groups such as new
processes or technologies with uncertain impacts.
______________6. This is the simplified checklist version of an IEE Report, prescribed by the
DENR, to be filled up by a Proponent to identify and assess a project’s
environmental impacts and the mitigation/enhancement measures to address
such impacts.
______________7. It is the documentation of comprehensive studies on environmental
baseline conditions of a contiguous area. It also includes an assessment of the
carrying capacity of the area to absorb impacts from co-located projects such as
those in industrial estates or economic zones (ecozones).
______________8. It is the assessment, through the use of universally accepted and scientific
methods, of risks associated with a project. It focuses on determining the
probability of occurrence of accidents and their magnitude (e.g. failure of
containment or exposure to hazardous materials or situations.)
______________9. It is a document prepared and submitted by the project Proponent and/or
EIA Consultant that serves as an application for an ECC. It is a comprehensive
study of the significant impacts of a project on the environment. It includes an
Environmental Management Plan/Program that the Proponent will fund and
implement to protect the environment.
______________10. These are the environmentally sensitive areas declared through
Proclamation 2146 wherein significant environmental impacts are expected if
certain types/thresholds of proposed projects are located, developed or
implemented in it.
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Let’s Analyze
Activity 1: Identify whether the following areas are under ECA category. Write ECA if
the area is under Environmentally Critical Area and NECA if it is not.
______________1. La Mesa Watershed
______________2. Mt. Apo
______________3. Prime Residential Area
______________4.Stream Areas
______________5. Geological hazard areas
______________6. Bagobo-Tagabawa Ancestral Domain
______________7. Prime Agricultural Area
______________8. Conservation Areas
______________9. Prime Industrial Lot Area
______________10. National Parks
Activity 2: Determine if the following projects requires an ECC or CNC. Write ECC if the
proponents needed to comply or apply for ECC and write CNC if the proponents will
only comply for CNC.
______________1. Dredging
______________2. Enhancement and Mitigation Projects
______________3. LA Vida Towers Construction
______________4. Nuclear Power Plant
______________5. Coal Power Plant
______________6. Wildlife Rescue Projects
______________7. Reforestation Projects
______________8. Pulp and Paper Industry
______________9. Golf Course Projects
______________10. Mining
70
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In a Nutshell
Activity 1: Review Paper
In this activity, you are to be group into three (3) members of your own choice to
construct a review paper about the impacts of the chemical plants/industries to the
environment. You are going to choose among the three industries with its corresponding
topics: Impacts on Water Consumption in Coal Power Plant, Activated Carbon
Industries Environmental Impacts to Air Pollution and Agricultural Industries
Environmental Impacts to soil degradation.
No two (2) groups must have the same topic. Cite your references using IEEE
referencing format. Each group must select their leader and will send your groupings
via email or messenger whichever is most available to you. Every week, you will send
your partial output via email or messenger whichever is applicable for monitoring
purposes. This will serve as your FINAL REQUIREMENT. Additionally, rubrics for the
scoring criteria, guidelines and additional instructions will be given in your respective
LMS account. Score deduction will be the same as stated in the course outline policy.
SCHEDULE OF ACTIVITIES WEEK 4-5
This section calendars all the activities and exercises including readings and lectures, as
well as time for making assignments and doing other requirements in a programmed
schedule by days and weeks, to help the students in SDL pacing regardless of mode of
delivery (OBD or DED).
Activity
BIG PICTURE II-A: Let's Check Activity
BIG PICTURE II-A: Let’s Analyse Activity
BIG PICTURE II-A: In A Nutshell Activity
BIG PICTURE II-B: Let's Check Activity
BIG PICTURE II-B: Let's Analyse Activity
BIG PICTURE II-B: In A Nutshell Activity
SECOND EXAM
Deadline
Sept. 10, 2020
Sept. 11, 2020
Sept. 12, 2020
Sept. 16,2020
Sept. 16,2020
Sept.17, 2020
Sept. 18, 2020
Where to Submit
Blackboard LMS
Blackboard LMS
BB’s Forum Feature
Blackboard LMS
Blackboard LMS
Blackboard LMS
Blackboard LMS
NOTE: Please be aware of the deadline for the submission of the activities in this manual.
Further instructions will be given in your respective blackboard account.
References:
Villaluz M (n.d.) Advancing the EIA System in the Philippines. [PDF File]
Revised Procedural Manual DAO 2003 03 (2003). Environmental Impact Assessment
[PDF File]
Republic Act No. 8293 (1997). Philippines Intellectual Property Code [PDF File]
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BIG PICTURE III
Week 6-7: Unit Learning Outcomes (ULO): At the end of the unit, you are expected to:
a. To understand the rules and regulations in the implementation of the
Philippines Clean Air Act of 1999
b. To be knowledgeable to all the rules and regulations of RA 9003 –
Ecological Solid Waste Management of 2000
c. To know all the Water Quality Standards and effluent standards and
the classification of all types of water.
d. To understand the rules and regulations of RA 6969 and its penalties
and sanctions pertaining if a violation is committed.
e. To understand rules and regulations of the sanitation code of the
Philippines.
BIG PICTURE IN FOCUS: ULOa. To understand the rules and regulations
in the implementation of the Philippines Clean Air Act of 1999
Metalanguage
Below are the essential terms that you are going to encounter in the pursuit of
understanding the rules and regulations in the implementation of the Philippines Clean
Air Act of 1999. You are strongly advised to frequently refer to these definitions to help
you understand the succeeding discussions.
Essential Knowledge
To perform the aforesaid big picture (unit learning outcomes), you need to
understand the necessary rules and regulation that are in need to be followed by every
personnel to have a clean and sustainable air in the Philippines will be laid down in
the succeeding pages. Please note that you are not limited to exclusively refer to
these resources. Thus, you are expected to utilize other books, research articles and
other resources that are available in the university’s library e.g. ebrary,
search.proquest.com etc.
Air pollutant means any matter found in the atmosphere other than oxygen, nitrogen,
water vapor, carbon dioxide, and the inert gases in their natural or normal
concentrations, that is detrimental to health or the environment, which includes
but not limited to smoke, dust, soot, cinders, fly ash, solid particles of any kind,
gases, fumes, chemical mists, steam and radio-active substances
Air pollution means any alteration of the physical, chemical and biological properties
of the atmospheric air, or any discharge thereto of any liquid, gaseous or solid
substances that will or is likely to create or to render the air resources of the
country harmful, detrimental, or injurious to public health, safety or welfare or
which will adversely affect their utilization for domestic, commercial, industrial,
agricultural, recreational, or other legitimate purposes;
Ambient air quality guideline values mean the concentration of air over specified
periods classified as short-term and long-term which are intended to serve as
goals or objectives for the protection of health and/or public welfare. These
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values shall be used for air quality management purposes such as determining
time trends, evaluating stages of deterioration or enhancement of the air quality,
and in general, used as basis for taking positive action in preventing, controlling,
or abating air pollution;
Ambient air quality means the general amount of pollution present in a broad area;
and refers to the atmosphere's average purity as distinguished from discharge
measurements taken at the source of pollution;
Certificate of Conformity means a certificate issued by the Department of Environment
and Natural Resources to a vehicle manufacturer/assembler or importer
certifying that a particular new vehicle or vehicle type meets the requirements
provided under this Act and its rules and regulations;
Eco-profile means the geographical-based instrument for planners and decisionmakers which present an evaluation of the environmental quality and carrying
capacity of an area. It is the result of the integration of primary and secondary
data and information on natural resources and anthropogenic activities on the
land which are evaluated by various environmental risk assessment and
forecasting methodologies that enable the Department to anticipate the type of
development control necessary in the planning area;
Emission means any air contaminant, pollutant, gas stream or unwanted sound from a
known source which is passed into the atmosphere;
Greenhouse gases mean those gases that can potentially or can reasonably be expected
to induce global warming, which include carbon dioxide, methane, oxides of
nitrogen, chlorofluorocarbons, and the like;
Hazardous substances mean those substances which present either:
1. short-term acute hazards such as acute toxicity by ingestion, inhalation, or
skin absorption, corrosivity or other skin or eye contact hazard or the risk of
fire explosion; or
2. long-term toxicity upon repeated exposure, carcinogenicity (which in some
cases result in acute exposure but with a long latent period), resistance to
detoxification process such as biodegradation, the potential to pollute
underground or surface waters;
Infectious waste means that portion of medical waste that could transmit an infectious
disease;
Medical waste means the materials generated as a result of patient diagnosis,
treatment, or immunization of human beings or animals;
Mobile source means any vehicle propelled by or through combustion of carbon-based
or other fuel, constructed and operated principally for the conveyance of persons
or the transportation of property or goods;
Motor vehicle mean any vehicle propelled by a gasoline or diesel engine or by any other
than human or animal power, constructed and operated principally for the
conveyance of persons or the transportation of property or goods in a public
highway or street open to public use;
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Municipal waste means the waste materials generated from communities within a
specific locality;
Octane Rating or the Anti-Knock Index (AKI) means the rating of the antiknock
characteristics of a grade or type of automotive gasoline as determined by
dividing by two (2) the sum of the Research Octane Number (RON), plus the
Motor Octane Number (MON); the octane requirement, with respect to
automotive gasoline for use in a motor vehicle or a class thereof, whether
imported, manufactured, or assembled by a manufacturer, shall refer to the
minimum octane rating of such automotive gasoline which such manufacturer
recommends for the efficient operation of such motor vehicle, or a substantial
portion of such class, without knocking;
Ozone Depleting Substances (ODS) mean those substances that significantly deplete
or otherwise modify the ozone layer in a manner that is likely to result in adverse
effects on human health and the environment such as, but not limited to,
chlorofluorocarbons, halons, and the like;
Persistent Organic Pollutants (POPs) mean the organic compounds that persist in the
environment, bioaccumulate through the food web, and pose a risk of causing
adverse effects to human health and the environment. These compounds resist
photolytic, chemical and biological degradation, which shall include but not be
limited to dioxin, furan, Polychlorinated Biphenyls (PCBs), organochlorine
pesticides, such as aldrin, dieldrin, DDT, hexachlorobenzene, lindane, toxaphene
and chlordane;
Clean Air Act
One of the Environmental Laws and Regulations covered by the Environmental
Management Bureau is the Philippine Clean Air Act of 1999. It was established to protect
and advance the right of the people to a balanced and healthful ecology with its primary
principle that states that all 'polluters must pay". This act promotes and protect the
global environment to attain a sustainable development while recognizing the primary
responsibility of local government units to deal with environmental problems. This act
was approved and signed by President Joseph Ejercito Estrada on June 23, 1999.
Under Section 6 of this act, the Department of Environment and Natural
Resources will be responsible in preparing the annual National Air Quality Status
Report, in which, these results will be used as basis in formulating the Integrated Air
Quality Improvement Framework (please Section 7 of this act). In addition, the contents
of the annual report were also clearly stated in this act (see Section 6 of this act).
Moreover, the National Statistical Coordination Board (NSCB) will be responsible in
designing and developing an information network for data storage, retrieval and
exchange.
Additionally, the DENR will also designate areas where a specific pollutant has
already exceeded the ambient standards. Thus, DENR will prepare and implement a
program that would prohibit new sources of exceeded air pollutant without a
corresponding reduction in existing sources. LGU's on the other hand with the
coordination of the appropriate government agencies will prepare and implement a
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program and other other mitigating measures including relocation whenever necessary
to protect the health and welfare of the residents in the area.
This act consist of 48 sections and the most notable sections are as follows:
Section 3. Declaration of Policies
The State shall pursue a policy of balancing development and environmental
protection. To achieve this end, the framework for sustainable development shall be
pursued. It shall be the policy of the State to:
a. Formulate a holistic national program of air pollution management that shall
be implemented by the government through proper delegation and effective
coordination of functions and activities;
b. Encourage cooperation and self-regulation among citizens and industries
though the application of market-based instruments;
c. Focus primarily on pollution prevention rather than on control and provide
for a comprehensive management program for air pollution;
d. Promote public information and education to encourage the participation of
an informed and active public in air quality planning and monitoring; and
e. Formulate and enforce a system of accountability for short and long-term
adverse environmental impact of a project, program or activity. This shall
include the setting up of a funding or guarantee mechanism for clean-up and
environmental rehabilitation and compensation for personal damages.
Section 4. Recognition of Rights
Pursuant to the above-declared principles, the following rights of citizens are
hereby sought to be recognized and the State shall seek to guarantee their enjoyment:
a. The right to breathe clean air;
b. The right to utilize and enjoy all natural resources according to the
principle of sustainable development;
c. The right to participate in the formulation, planning, implementation and
monitoring of environmental policies and programs and in the decision
making process;
d. The right to participate in the decision-making process concerning
development policies, plans and programs projects or activities that may
have adverse impact on the environment and public health;
e. The right to be informed of the nature and extent of the potential hazard
of any activity, undertaking or project and to be served timely notice of
any significant rise in the level of pollution and the accidental or
deliberate release into the atmosphere of harmful or hazardous
substances;
f. The right of access to public records which a citizen may need to exercise
his or her rights effectively under this Act;
g. The right to bring action in court or quasi- judicial bodies to enjoin all
activities in violation of environmental laws and regulations, to compel
the rehabilitation and cleanup of affected area, and to seek the imposition
of penal sanctions against violators of environmental laws; and
h. The right to bring action in court for compensation of personal damages
resulting from the adverse environmental and public health impact of a
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project or activity.
Section 8. Air Quality Control Action Plan
Within six (6) months after the formulation of the framework (stated in section
7), the Department of Environmental and Natural Resources shall, with public
participation, formulate and implement an air quality control action plan consistent with
Section 7 of this Act. The action plan shall:
a. Include enforceable emission limitations and other control measures,
means or techniques, as well as schedules and time tables for compliance,
as may be necessary or appropriate to meet the applicable requirements
of this Act;
b. Provide for the establishment and operation of appropriate devices,
methods systems and procedures necessary to monitor, compile and
analyze data on ambient air quality;
c. Include a program to provide for the following: (1) enforcement of the
measures described in the subparagraph (a); (2) regulation of the
modification and construction of any stationary source within the areas
covered by the plan, in accordance with land use policy to ensure that
ambient air quality standards are achieved;
d. Contain adequate provisions, consistent with the provisions of this Act,
prohibiting any source or other types of emissions activity within the
country from emitting any air pollutant in amounts which will
significantly contribute to the nonattainment or will interfere with the
maintenance by the Department of any such ambient air quality standard
required to be included in the implementation plan to prevent significant
deterioration of air quality or to protect visibility;
e. Include control strategies and control measures to be undertaken within a
specified time period, including cost-effective use of economic incentives,
management strategies, collection action, and environmental education
and information;
f. Designate airsheds; and
g. All other measures necessary for the effective control and abatement of air
pollution.
The adoption of the plan shall clarify the legal effects on the financial, manpower
and budgetary resources of the affected government agencies, and on the alignment of
their programs with the plans.
In addition to direct regulations, the plan shall be characterized by a
participatory approach to the pollution problem. The involvement of private entities in
the monitoring and testing of emissions from mobile and/or stationary sources shall be
considered. Likewise, the LGUs, with the assistance from the Department, shall prepare
and develop an action plan consistent with the Integrated Air Quality Improvement
Framework to attain and maintain the ambient air quality standards within their
respective airsheds as provided in Section 9 hereof.
The local government units shall develop and submit to the Department a
procedure for carrying out the action plan for their jurisdiction. The Department,
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however, shall maintain its authority to independently inspect the enforcement
procedure adopted. The Department shall have the power to closely supervise all or
parts of the air quality action plan until such time the local government unit concerned
can assume the function to enforce the standards set by the Department.
A multi-sectoral monitoring team with broad public representation shall be
convened by the Department for each LGU to conduct periodic inspections of air
pollution sources to assess compliance with the emission limitations contained in their
permits.
Section 9. Airsheds
Pursuant to Section 8 of this Act, the designation of airsheds shall be on the basis
of, but not limited to, areas with similar climate, meteorology and topology which affect
the interchange and diffusion of pollutants in the atmosphere, or areas which share
common interest or face similar development programs, prospects or problems.
For a more effective air quality management, a system of planning and
coordination shall be established and a common action plan shall be formulated for each
airshed. To effectively carry out the formulated action plans, a Governing Board is
hereby created, hereinafter referred to as the Board.
The Board shall be headed by the Secretary of the Department of Environment
and Natural Resources as chairman. The members shall be as follows:
a.Provincial Governors from areas belonging to the airshed;
b. City/Municipal Mayors from areas belonging to the airshed;
c. A representative from each concerned government agency;
d. Representatives from people's organizations;
e.Representatives from nongovernment organizations; and
f. Representatives from the private sector.
The Board shall perform the following functions:
a.
b.
c.
d.
Formulation of policies;
Preparation of a common action plan;
Coordination of functions among its members; and
Submission and publication of an annual Air Quality Status Report for each
airshed.
Upon consultation with appropriate local government authorities, the
Department shall, from time to time, revise the designation of airsheds utilizing ecoprofiling techniques and undertaking scientific studies. Emissions trading may be
allowed among pollution sources within an airshed.
Section 11. Air Quality Control Techniques
Simultaneous with the issuance of the guideline values and standards, the
Department, through the research and development program contained in this Act and
upon consultation with the appropriate advisory committees, government agencies and
LGUs, shall issue, and from time to time, revise information on air pollution control
techniques. Such information shall include:
a.Best available technology and alternative methods of prevention,
management and control of air pollution.
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b. Best available technology economically achievable which shall refer to
the technological basis/standards for emission limits applicable to
existing, direct industrial emitters of non-conventional and toxic
pollutants; and
c. Alternative fuels, processes and operating methods which will result in the
elimination or significant reduction of emissions. Such information may
also include data relating to the cost of installation and operation, energy
requirements, emission reduction benefits, and environmental impact or
the emission control technology.
The issuance of air quality guideline values, standards and information on air
quality control techniques shall be made available to the general public: Provided, that
the issuance of information on air quality control techniques shall not be construed as
requiring the purchase of certain pollution control devices by the public.
Section 12. Ambient Air Quality Guideline Values and Standards
The Department, in coordination with other concerned agencies, shall review
and/or revise and publish annually a list of hazardous air pollutants with corresponding
ambient guideline values and/or standard necessary to protect public health and safety,
and general welfare.
The initial list and values of the hazardous air pollutants shall be as follows:
Figure 2. National Ambient Air Quality Guideline for Criteria Pollutants
Superscripts and its Corresponding Definition:
a
b
c
d
e
Maximum limits represented by ninety-eight percentile (98%) values not to be exceeded
more than once a year.
Arithmetic mean.
SO2 and Suspended Particulate Matter are sampled once every six days when using the
manual methods. A minimum of twelve sampling days per quarter or forty-eight sampling
days each year is required for these methods. Daily sampling may be done in the future
once continuous analyzers are procured and become available.
Limits for Total Suspended Particulate Matter with mass median diameter less than 2550 μm.
Annual Geometric Mean.
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f
g
Provisional limits for Suspended Particulate Matter with mass median diameter less than
10 microns and below until sufficient monitoring data are gathered to base a proper
guideline.
Evaluation of this guideline is carried out for 24-hour averaging time and averaged over
three moving calendar months. The monitored average value for any three months shall
not exceed the guideline value.
National Ambient Air Quality Standards for Source Specific Air Pollutants from
Industrial Sources/Operations
Concentration2
Methods of
1
Pollutants
Analysis/
Averaging
μg/NCM
ppm
Measurement3
time (min.)
Ammonia
200
0.28
30
Nesslerization/
Indo Phenol
Carbon Disulfide
30
0.01
30
Tischer Method
Chlorine and Chlorine
100
0.03
5
Methyl Orange
Compounds expressed as
Cl2
Formaldehyde
50
0.04
30
Chromotropic Acid
Method or MBTH
Colorometric
Method
Hydrogen Chloride
200
0.13
30
Volhard
titration
with iodine solution
Hydrogen Sulfide
100
0.07
30
Methylene Blue
Lead
20
30
AASc
Nitrogen Dioxide
375
0.20
30
Greiss-Saltzmann
260
0.14
60
Phenol
100
0.03
30
4-aminoantiphyrine
Sulfur Dioxide
470
0.18
30
Colorometric340
0.13
60
Pararosaniline
Suspended
Particulate
300
60
Matter – TSP
Gravimetric
Suspended
Particulate
200
60
Matter – PM10
Superscripts and its Corresponding Definition:
1
2
3
Pertinent ambient standards for Antimony, Arsenic, Cadmium, Asbestos, Nitric Acid and
Sulfuric Acid Mists in the 1978 NPCC Rules and Regulations may be considered as guides
in determining compliance.
Ninety-eight percentile (98%) values of 30-minute sampling measured at 25°C and one
atmosphere pressure.
Other equivalent methods approved by the Department may be used.
The basis in setting up the ambient air quality guideline values and standards shall
reflect, among others, the latest scientific knowledge including information on:
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a. Variable factors, including atmospheric conditions, which of themselves or in
combination with other factors may alter the effects on public health or welfare
of such air pollutant;
b. The other types of air pollutants which may interact with such pollutant to
produce an adverse effect on public health or welfare; and
c. The kind and extent of all identifiable effects on public health or welfare which
may be expected from the presence of such pollutant in the ambient air, in
varying quantities.
The Department shall base such ambient air quality standards on World Health
Organization (WHO) standards, but shall not be limited to nor be less stringent than such
standards.
Section 19. Pollution from Stationary Sources
The Department shall, within two (2) years from the effectivity of this Act, and
every two (2) years thereafter, review, or as the need therefor arises, revise and publish
emission standards, to further improve the emission standards for stationary sources of
air pollution. Such emission standards shall be based on mass rate of emission for all
stationary sources of air pollution based on internationally-accepted standards, but not
be limited to, nor be less stringent than such standards and with the standards set forth
in this section. The standards, whichever is applicable, shall be the limit on the
acceptable level of pollutants emitted from a stationary source for the protection of the
public's health and welfare.
With respect to any trade, industry, process and fuel-burning equipment or
industrial plant emitting air pollutants, the concentration at the point of emission shall
not exceed the following limits:
Pollutants
Antimony and its
compounds
Arsenic and its
compounds
Cadmium and its
compound
Carbon Monoxide
Copper and its
compounds
Hydroflouric Acid
and Flouride
Compounds
Hydrogen
Sulfide
Standard
Applicable to
Source
Any source
Maximum
Permissible
Limits (mg/NCM)
10 as Sb
AASb
Any source
10 as As
AASb
Any source
10 as Cd
AASb
Any industrial
source
Any industrial
source
Any source other
than the
manufacture of
Aluminum from
Alumina
i) Geothermal
power plants
ii) Geothermal
exploration and
500 as CO
Orsat Analysis
100 as Cu
AASb
50 as HF
Titration with
Ammonium
Thiocyanate
c,d
Cadmium Sulfide
Method
e
80
Method of
Analysisa
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Lead
Mercury
Nickel and its
compounds,
except Nickel
Carbonyl
NOx
Phosphorus
Pentoxideg
Zinc and its
compounds
well-testing
iii) Any source
other
than (i) and (ii)
Any trade, industry
or process
Any source
7 as H2S
Cadmium Sulfide
Method
10 as Pb
AASb
5 as elemental Hg
AASb /Cold-Vapor
Technique or Hg
Analyzer
AASb
Any source
20 as Ni
i) Manufacture of
Nitric Acid
2,000 as acid and
NOx and calculated
as NO2
Phenol-disulfonic
acid Method
ii) Fuel burning
steam
generators
1,500 as NO2
Phenol-disulfonic
acid Method
Existing Source
1,000 as NO2
New Source
▪ Coal-fired
▪ Oil-fired
500 as NO2
1,000 as NO2
iii) Any source
other than (i)
and (ii)
Any Source
500 as NO2
Phenol-disulfonic
acid Method
200 as P2O5
Spectrophotometry
Any Source
100 as Zn
AASb
Superscripts and its Corresponding Definition:
a
b
c
d
e
f
g
Other equivalent methods approved by the Department may be used.
Atomic Absorption Spectrophotometry
All new geothermal power plants starting construction by 01 January 1995 shall control
H2S emissions to not more than 150 g/GMW-Hr.
All existing geothermal power plants shall control H2S emissions to not more than 200
g/GMW-Hr within 5 years from the date of effectivity of these revised regulations.
Best practicable control technology for air emissions and liquid discharges. Compliance
with air and water quality standards is required.
Emission limit of Nickel Carbonyl shall not exceed 0.5 mg/NCM.
Provisional Guideline
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Provided, that the maximum limits in mg/NCM particulates in said sources shall be:
1. Fuel Burning Equipment
a. Urban or Industrial Area 150 mg/NCM
b. Other Area 200 mg/NCM
2. Cement Plants (Kilns, etc.) 150 mg/NCM
3. Smelting Furnaces 150 mg/NCM
4. Other Stationary Sourcesa 200 mg/NCM
Other Stationary Sources means a trade, process, industrial plant, or fuel burning
equipment other than thermal power plants, industrial boilers, cement plants, incinerators
and smelting furnaces
a
Provided, further, that the maximum limits for sulfur oxides in said sources shall be:
Existing Sources
i. Manufacture of Sulfuric Acid and Sulfonation Process 2.0 gm/NCM as SO3
ii. Fuel Burning Equipment 1.5 gm/NCM as SO2
iii. Other Stationary Sourcesa 1.0 gm/NCM as SO3
New Sources
i. Manufacture of Sulfuric Acid and Sulfonation Process 1.5 gm/NCM as SO3
ii. Fuel Burning Equipment 0.7 gm/NCM as SO2
iii. Other Stationary Sourcesa 0.2 gm/NCM as SO3
a Other Stationary Sources refer to existing and new stationary sources other than those
caused by the manufacture of sulfuric acid and sulfonation process, fuel burning
equipment and incineration.
For stationary sources of pollution not specifically included in the immediately
preceding paragraph, the following emission standards shall not be exceeded in the
exhaust gas:
I.
❖
❖
❖
❖
❖
❖
❖
Daily And Half Hourly Average Values
Daily Average Values
Half Hour Average Values
3
Total dust
10 mg/m
30 mg/m3
3
Gaseous and vaporous
10 mg/m
20 mg/m3
organic substances,
expressed as total
organic carbon
Hydrogen chloride
10 mg/m3
60 mg/m3
(HCl)
Hydrogen fluoride
1 mg/m3
4 mg/m3
(HF)
Sulphur dioxide (SO2)
50 mg/m3
200 mg/m3
Nitrogen monoxide
20 mg/m3
400 mg/m3
(NO) and nitrogen
dioxide (NO2),
expressed as nitrogen
dioxide for
incineration plants
with a capacity
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❖
❖
❖
❖
exceeding 3 tonnes
per hour
Nitrogen monoxide
(NO) and nitrogen
dioxide (NO2),
expressed as nitrogen
dioxide for
incineration plants
with a
capacity of 3 tonnes
per hour or less
Ammonia
300 mg/m3
10 mg/m3
20 mg/m3
II.
❖
❖
❖
❖
❖
❖
❖
❖
❖
❖
❖
❖
❖
❖
All Average Values over the Sample Period of a Minimum of 4 and
Maximum of 8 Hours
Cadmium and its compounds,
expressed as cadmium (Cd)
Total 0.05 mg/m3
Thallium and its compounds,
expressed as thallium (Tl)
Mercury and its compounds,
expressed as mercury (Hg)
Antimony and its compounds,
expressed as antimony (Sb)
Arsenic and its compounds,
0.05 mg/m3
expressed as arsenic (As)
Lead and its compounds, expressed
as lead (Pb)
Chromium and its compounds,
expressed as chromium (Cr)
Cobalt and its compounds, expressed
as cobalt (Co)
Copper and its compounds,
expressed as copper (Cu)
Manganese and its compounds,
expressed as manganese
(Mn)
Total 0.5 mg/m3
Nickel and its compounds, expressed
as nickel (Ni)
Vanadium and its compounds,
expressed as vanadium (V)
Tin and its compounds, expressed as
tin (Sn)
These average values cover also gaseous and the vapor forms of the relevant heavy
metal emissions as well as their compounds:
Provided, that the emission of dioxins and furans into the air shall be reduced by
the most progressive techniques:
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Provided, further that all average values of dioxin and furans measured over the
sample period of a minimum of 6 hours and a maximum of 8 hours must not exceed the
limit value of 0.1 nanogram/m3.
Pursuant to Section 8 of this Act, the Department shall prepare a detailed action
plan setting the emission standards or standards of performance for any stationary
source, the procedure for testing emissions for each type of pollutant, and the procedure
for enforcement of said standards. Existing industries, which are proven to exceed
emission rates established by the Department, in consultation with stakeholders, after a
thorough, credible and transparent measurement process shall be allowed a grace period
of eighteen (18) months for the establishment of an environmental management system
and the installation of an appropriate air pollution control device: Provided, That an
extension of not more than twelve (12) months may be allowed by the Department on
meritorious grounds.
Section 20. Ban on Incineration
Incineration, hereby defined as the burning of municipal, bio-medical and
hazardous wastes, which process emits poisonous and toxic fumes, is hereby prohibited:
Provided, however, that the prohibition shall not apply to traditional small-scale
method of community/neighborhood sanitation "siga", traditional, agricultural, cultural,
health, and food preparation and crematoria:
Provided, further, that existing incinerators dealing with bio-medical wastes shall
be phased out within three (3) years after the effectivity of this Act:
Provided, finally, that in the interim, such units shall be limited to the burning of
pathological and infectious wastes, and subject to close monitoring by the Department.
Local government units are hereby mandated to promote, encourage and
implement in their respective jurisdiction a comprehensive ecological waste
management that includes waste segregation, recycling and composting.
With due concern on the effects of climate change, the Department shall promote
the use of state-of-the-art, environmentally-sound and safe non-burn technologies for the
handling, treatment, thermal destruction, utilization, and disposal of sorted, unrecycled,
uncomposted municipal, bio-medical and hazardous wastes.
Section 21. Pollution from Motor Vehicles
The DOTC shall implement the emission standards for motor vehicles set pursuant
to and as provided in this Act. To further improve the emission standards, the Department
shall review, revise and publish the standards every two (2) years, or as the need arises.
It shall consider the maximum limits for all major pollutants to ensure substantial
improvement in air quality for the health, safety and welfare of the general public.
The following emission standards for type approval of motor vehicles shall be
effective by the year 2003:
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Emission Limits for Light Duty Vehicles Type Approval
(Directive 91/441/EEC)
CO (g/km)
HC+NOx (g/km)
PMa (g/km)
2.72
0.97
0.14
a for compression-ignition engines only
Emission Limits for Light Commercial Vehicles Type Approval
(Directive 93/59/EEC)
Reference Weight
CO
HC+NOx (g/km)
PMa (g/km)
(RW) (Kg)
(g/km)
Category 1
1250<RW
2.72
0.97
0.14
Category 2
1250 <RW<1700
5.17
1.4
0.19
Category 3
RW>1700
6.9
1.7
0.25
a for compression-ignition engines only
Emission Limits for Heavy Duty Vehicles Type Approval
(Directive 91/543/EEC)
CO (g/kWh)
HC (g/kWh)
NOx (g/kWh)
PM (g/kWh)
4.5
1.1
8.0
0.36a
a In the case of engines of 85kW or less, the limit value for particular emissions is
increased by multiplying the quoted limit by a coefficient of 1.7
Section 22. Regulation of All Motor Vehicles and Engines
Any imported new or locally-assembled new motor vehicle shall not be
registered unless it complies with the emission standards set pursuant to this Act, as
evidenced by a Certificate of Conformity (COC) issued by the Department.
Any imported new motor vehicle engine shall not be introduced into commerce,
sold or used unless it complies with emission standards set pursuant to this Act.
Any imported used motor vehicle or rebuilt motor vehicle using new or used
engines, major parts or components shall not be registered unless it complies with
the emission standards set pursuant to this Act.
In case of non-compliance, the importer or consignee may be allowed to modify
or rebuild the vehicle or engine so that it will be in compliance with applicable
emission standards.
No motor vehicle registration (MVR) shall be issued unless such motor vehicle
passes the emission testing requirement promulgated in accordance with this Act.
Such testing shall be conducted by the DOTC or its authorized inspection centers
within sixty (60) days prior to date of registration.
The DTI shall promulgate the necessary regulations prescribing the useful life
of vehicles and engines including devices in order to ensure that such vehicles will
conform to the emissions which they were certified to meet. These regulations shall
include provisions for ensuring the durability of emission devices.
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Section 23. Second-Hand Motor Vehicle Engines
Any imported secondhand motor vehicle engine shall not be introduced into
commerce, sold or used unless it complies with emission standards set pursuant to
this Act.
Section 24. Pollution from Smoking
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 is hereby
prohibited under this Act. This provision shall be implemented by the LGUs.
Section 25. Pollution from Other Mobile Sources
The Department, in coordination with appropriate agencies, shall formulate
and establish the necessary standards for all mobile sources other than those referred
to in Section 21 of this Act. The imposition of the appropriate fines and penalties from
these sources for any violation of emission standards shall be under the jurisdiction
of the DOTC.
Section 30. Ozone-Depleting Substances
Consistent with the terms and conditions of the Montreal Protocol on
Substances that Deplete the Ozone Layer and other international agreements and
protocols to which the Philippine is a signatory, the Department shall phase out
ozone-depleting substances.
Within sixty (60) days after the enactment of this Act, the Department shall
publish a list of substances which are known to cause harmful effects on the
stratospheric ozone layer.
Section 31. Greenhouse Gases
The Philippine Atmospheric, Geophysical and Astronomical Service
Administration (PAGASA) shall regularly monitor meteorological factors affecting
environmental conditions including ozone depletion and greenhouse gases and
coordinate with the Department in order to effectively guide air pollution monitoring
and standard-setting activities.
The Department, together with concerned agencies and local government
units, shall prepare and fully implement a national plan consistent with the United
Nations Framework Convention on Climate Change and other international
agreements, conventions and protocols on the reduction of greenhouse gas emissions
in the country.
Section 32. Persistent Organic Pollutants
The Department shall, within a period of two (2) years after the enactment of
this Act, establish an inventory list of all sources of Persistent Organic Pollutants
(POPs) in the country. The Department shall develop short-term and long-term
national government programs on the reduction and elimination of POPs such as
dioxins and furans. Such programs shall be formulated within a year after the
establishment of the inventory list.
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Section 33. Radioactive Emissions
All projects which will involve the use of atomic and/or nuclear energy, and
will entail release and emission of radioactive substances into the environment,
incident to the establishment or possession of nuclear energy facilities and
radioactive materials, handling, transport, production, storage, and use of radioactive
materials, shall be regulated in the interest of public health and welfare by the
Philippine Nuclear Research Institute (PNRI), in coordination with the Department
and other appropriate government agencies.
Section 45. Violation of Standards for Stationary Sources
For actual exceedance of any pollution or air quality standards under this Act
or its rules and regulations, the Department, through the Pollution Adjudication
Board (PAB), shall impose a fine of not more than One hundred thousand pesos
(Php100,000.00) for every day of violation against the owner or operator of a
stationary source until such time that the standards have been complied with.
For purposes of the application of the fines, the PAB shall prepare a fine rating
system to adjust the maximum fine based on the violator's ability to pay, degree of
willfulness, degree of negligence, history of noncompliance and degree of
recalcitrance: Provided, that in case of negligence, the first time offender's ability to
pay may likewise be considered by the Pollution Adjudication Board: Provided,
further, that in the absence of any extenuating or aggravating circumstances, the
amount of fine for negligence shall be equivalent to one-half of the fine for willful
violation.
The fines herein prescribed shall be increased by at least ten percent (10%)
every three (3) years to compensate for inflation and to maintain the deterrent
function of such fines.
In addition to the fines, the PAB shall order the closure, suspension of
development, construction, or operations of the stationary sources until such time
that proper environmental safeguards are put in place: Provided, That an
establishment found liable for a third offense shall suffer permanent closure
immediately. This paragraph shall be without prejudice to the immediate issuance of
an ex parte order for such closure, suspension of development or construction, or
cessation of operations during the pendency of the case upon prima facie evidence
that there is imminent threat to life, public health, safety or general welfare, or to
plant or animal life, or whenever there is an exceedance of the emission standards set
by the Department and/or the Board and/or the appropriate LGU.
Section 46. Violation of Standards for Motor Vehicles
No motor vehicle shall be registered with the DOTC unless it meets the emission
standards set by the Department as provided in Section 21 hereof.
Any vehicle suspected of violation of emission standards through visual signs,
such as, but not limited to smoke-belching, shall be subjected to an emission test by a
duly authorized testing center for this purpose, the DOTC or its authorized testing
center shall establish a roadside inspection system. Should it be shown that there was
no violation of emission standards, the vehicle shall be immediately released.
Otherwise, a testing result indicating an exceedance of the emission standards would
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warrant the continuing custody of the impounded vehicle unless the appropriate
penalties are fully paid, and the license plate is surrendered to the DOTC pending the
fulfillment of the undertaking by the owner/operator of the motor vehicle to make
the necessary repairs so as to comply with the standards.
A pass shall herein be issued by the DOTC to authorize the use of the motor
vehicle within a specified period that shall not exceed seven (7) days for the sole
purpose of making the necessary repairs on the said vehicle. The owner/operator of
the vehicle shall be required to correct its defects and show proof of compliance to
the appropriate pollution control office before the vehicle can be allowed to be driven
on any public or subdivision roads.
In addition, the driver and operator of the apprehended vehicle shall undergo
a seminar on pollution control and management conducted by the DOTC and shall
also suffer the following penalties:
1. First offense - a fine not to exceed Two thousand pesos (Php2,000.00);
2. Second offense - a fine not less than Two thousand pesos (Php2,000.0) and not
to exceed Four thousand pesos (Php4,000.00); and
3. Third offense - one (1) year suspension of the Motor Vehicle Registration
(MVR) and a fine of not less than Four thousand pesos (Php4,000.00) and not
more than Six thousand pesos (Php6,000.00).
Any violation of the provisions of Section 21 paragraph (d) with regard to
national inspection and maintenance program, including technicians and facility
compliance shall be penalized with a fine of not less than Thirty thousand pesos
(Php30,000.00) or cancellation of license of both the technician and the center, or
both, as determined by the DTI.
All law enforcement officials and deputized agents accredited to conduct
vehicle emissions testing and apprehensions shall undergo a mandatory training on
emission standards and regulations. For this purpose, the Department, together with
the DOTC, DTI, DOST, Philippine National Police (PNP) and other concerned agencies
and private entities shall design a training program.
Section 47. Fines and Penalties for Violations of Other Provisions in the Act
For violations of all other provisions provided in this Act and of the rules and
regulations thereof, a fine of not less than Ten thousand pesos (Php10,000.00) but
not more than One hundred thousand pesos (Php100,000.00) or six (6) months to six
(6) years imprisonment or both shall be imposed. If the offender is a juridical person,
the president, manager, directors, trustees, the pollution control officer or the
officials directly in charge of the operations shall suffer the penalty herein provided.
Self-Help: You can also refer to the sources below to help you
further understand the lesson:
Clean Air Act of the Philippines
Engineering Laws of the Philippines with RELATED Laws. 1981.Rex Bookstore
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Let’s Check
Research Assignment 1
List at least five (5) air pollution control devices and discuss its functionality.
1. ______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________
2. ______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________
3. ______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________
4. ______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________
5. ______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________
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Let’s Analyze
Research Assignment 2
Enumerate the list of Persistent Organic Pollutants (POPs) classified by EPA as
the Dirty Dozens and Nasty Nines and their uses before it was being prohibited. Also,
discuss why these substances were prohibited in the first place; what are their side
effects to the environment and to human health.
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Research Assignment 3
a. Discuss how Chlorofluorocarbons (CFCs) damage the ozone layer. Please show
diagram in your discussions.
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b. Tropospheric Ozone is considered an air pollutant, discuss how tropospheric
ozone occurs and its effects to the environment and to human health.
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In a Nutshell
If ever you were given a privilege to lead the Department of Environmental and
Natural Resources of your respective City, what would be your advocate throughout
your term that will positively generate a better change to our society? Why?
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BIG PICTURE IN FOCUS: ULOb. To be knowledgeable to all the rules and
regulations of RA 9003 – Ecological Solid Waste Management of 2000
Metalanguage
Below are the essential terms that you are going to encounter in the pursuit of
understanding the rules and regulations of RA 9003 – Ecological Solid Waste
Management of 2000. You are strongly advised to frequently refer to these definitions to
help you understand the succeeding discussions.
Essential Knowledge
To perform the aforesaid big picture (unit learning outcomes), you need to
understand the necessary rules and regulation that are in need to be followed by every
personnel to have a clean and sustainable living community in the Philippines will be
laid down in the succeeding pages. Please note that you are not limited to
exclusively refer to these resources. Thus, you are expected to utilize other books,
research articles and other resources that are available in the university’s library e.g.
ebrary, search.proquest.com etc.
Agricultural waste shall refer to waste generated from planting or harvesting of crops,
trimming or pruning of plants and wastes or run-off materials from farms or
fields;
Bulky wastes shall refer to waste materials which cannot be appropriately placed in
separate containers because of either its bulky size, shape or other physical
attributes. These include large worn-out or broken household, commercial, and
industrial items such as furniture, lamps, bookcases, filing cabinets, and other
similar items;
Buy-back center shall refer to a recycling center that purchases or otherwise accepts
recyclable materials from the public for the purpose of recycling such materials;
Collection shall refer to the act of removing solid waste from the source or from a
communal storage point;
Composting shall refer to the controlled decomposition of organic matter by microorganisms, mainly bacteria and fungi, into a humus-like product;
Consumer electronics shall refer to special wastes that include worn-out, broken, and
other discarded items such as radios, stereos, and TV sets;
Controlled dump shall refer to a disposal site at which solid waste is deposited in
accordance with the minimum prescribed standards of site operation;
Disposal shall refer to the discharge, deposit, dumping, spilling, leaking or placing of
any solid waste into or in any land;
Disposal site shall refer to a site where solid waste is finally discharged and deposited;
Ecological solid waste management shall refer to the systematic administration of
activities which provide for segregation at source, segregated transportation,
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storage, transfer, processing, treatment, and disposal of solid waste and all other
waste management activities which do not harm the environment;
Environmentally acceptable shall refer to the quality of being re-usable,
biodegradable or compostable, recyclable and not toxic or hazardous to the
environment;
Generation shall refer to the act or process of producing solid waste;
Generator shall refer to a person, natural or juridical, who last uses a material and
makes it available for disposal or recycling;
Hazardous waste shall refer to solid waste or combination of solid waste which because
of its quantity, concentration, or physical, chemical or infectious characteristics
may:
➢ cause, or significantly contribute to an increase in mortality or an increase in
serious irreversible, or incapacitating reversible, illness; or
➢ pose a substantial present or potential hazard to human health or the
environment when improperly treated, stored, transported, or disposed of, or
otherwise managed;
Leachate shall refer to the liquid produced when waste undergo decomposition, and
when water percolate through solid waste undergoing decomposition. It is a
contaminated liquid that contains dissolved and suspended materials;
Materials recovery facility – includes a solid waste transfer station or sorting station,
drop-off center, a composting facility, and a recycling facility;
Municipal waste shall refer to wastes produced from activities within local government
units which include a combination of domestic, commercial, institutional and
industrial wastes and street litters;
Open dump shall refer to a disposal area wherein the solid wastes are indiscriminately
thrown or disposed of without due planning and consideration for
environmental and health standards;
Post-consumer material shall refer only to those materials or products generated by a
business or consumer which have served their intended end use, and which
have been separated or diverted from solid waste for the purpose of being
collected, processed and used as a raw material in the manufacturing of recycled
product, excluding materials and by-products generated from, and commonly
used within an original manufacturing process, such as mill scrap;
Receptacles shall refer to individual containers used for the source separation and the
collection of recyclable materials;
Recovered material shall refer to material and by-products that have been recovered
or diverted from solid waste for the purpose of being collected, processed and
used as a raw material in the manufacture of a recycled product;
Recyclable material shall refer to any waste material retrieved from the waste stream
and free from contamination that can still be converted into suitable beneficial
use or for other purposes, including, but not limited to, newspaper, ferrous scrap
metal, non-ferrous scrap metal, used oil, corrugated cardboard, aluminum, glass,
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office paper, tin cans and other materials as may be determined by the
Commission;
Sanitary landfill shall refer to a waste disposal site designed, constructed, operated and
maintained in a manner that exerts engineering control over significant potential
environmental impacts arising from the development and operation of the
facility;
Segregation shall refer to a solid waste management practice of separating different
materials found in solid waste in order to promote recycling and reuse of
resources and to reduce the volume of waste for collection and disposal;
Segregation at source shall refer to a solid waste management practice of separating,
at the point of origin, different materials found in solid waste in order to promote
recycling and re-use of resources and to reduce the volume of waste for collection
and disposal;
Solid waste shall refer to all discarded household, commercial waste, nonhazardous
institutional and industrial waste, street sweepings, construction debris,
agriculture waste, and other non-hazardous/non-toxic solid waste.
Source reduction shall refer to the reduction of solid waste before it enters the solid
waste stream by methods such as product design, materials substitution,
materials re-use and packaging restrictions;
Source separation shall refer to the sorting of solid waste into some or all of its
component parts at the point of generation;
Special wastes shall refer to household hazardous wastes such as paints, thinners,
household batteries, lead-acid batteries, spray canisters and the like. These
include wastes from residential and commercial sources that comprise of bulky
wastes, consumer electronics, white goods, yard wastes that are collected
separately, batteries, oil, and tires. These wastes are usually handled separately
from other residential and commercial wastes;
Storage shall refer to the interim containment of solid waste after generation and prior
to collection for ultimate recovery or disposal;
Transfer stations shall refer to those facilities utilized to receive solid wastes,
temporarily store, separate, convert, or otherwise process the materials in the
solid wastes, or to transfer the solid wastes directly from smaller to larger
vehicles for transport.
Waste diversion shall refer to activities which reduce or eliminate the amount of solid
wastes from waste disposal facilities;
White goods shall refer to large worn-out or broken household, commercial, and
industrial appliances such as stoves, refrigerators, dishwaters, and clothes
washers and dryers collected separately. White goods are usually dismantled for
the recovery of specific materials (e.g., copper, aluminum, etc.); and
Yard waste shall refer to wood, small or chipped branches, leaves, grass clippings,
garden debris, vegetables residue that is recognizable as part of a plant or
vegetable and other materials identified by the Commission.
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Ecological Solid Waste Management of 2000
Ecological Solid Waste Management Act of 2000 was approved and signed by
President Gloria Macapagal Arroyo on January 26,2001 that aims to implement an
ecological solid waste management programs that will ensure the protection of the
public health and environment as well as to maximize the utilization of valuable
resources without compromising the environment and encourage resources
conservation and recovery. This act will also set guidelines and targets for solid waste
avoidance and volume reduction through source reduction and waste minimization
measures, including composing, recycling, re-use, recovery, green charcoal process, and
others, before collection, treatment and disposal in appropriate and environmentallysound solid waste management facilities in accordance with ecologically sustainable
development principles.
The acts most notable sections are the following;
Section 2. Declaration of Policies
It is hereby declared the policy of the State to adopt a systematic, comprehensive
and ecological solid waste management program which shall:
a. Ensure the protection of public health and environment;
b. Utilize environmentally-sound methods that maximize the utilization of valuable
resources and encourage resources conservation and recovery;
c. Set guidelines and targets for solid waste avoidance and volume reduction
through source reduction and waste minimization measures, including
composing, recycling, re-use, recovery, green charcoal process, and others,
before collection, treatment and disposal in appropriate and environmentallysound solid waste management facilities in accordance with ecologically
sustainable development principles;
d. Ensure the proper segregation, collection, transport, storage, treatment and
disposal of solid waste through the formulation and adoption of the best
environmental practices in ecological waste management excluding incineration;
e. Promote national research and development programs for improved solid waste
management and resource conservation techniques, more effective institutional
arrangement and indigenous and improved methods of waste reduction,
collection, separation and recovery.
f. Encourage greater private sector participation in solid waste management
g. Retain primary enforcement and responsibility of solid waste management with
local government units while establishing a cooperative effort among the
national government, other local government units, non-government
organizations, and the private sector;
h. Encourage cooperation and self-regulation among waste generators through the
application of market-based instruments;
i. Institutionalize public participation in the development and implementation of
national and local integrated, comprehensive and ecological waste management
programs; and
j. Strengthen the integration of ecological solid waste management and resource
conservation and recovery topics into the academic curricula of formal and nonformal education in order to promote environmental awareness and action
among the citizenry.
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Section 5. Powers and Functions of the Commission
The Commission shall oversee the implementation of solid waste management
plans and prescribe policies to achieve the objectives of this Act. The Commission shall
undertake the following activities:
a. Prepare the National Solid Waste Management Framework;
b. Approve local solid waste management plans in accordance with its rules and
regulations;
c. Review and monitor the implementation of local solid waste management plans;
d. Coordinate the operation of local solid waste management boards in the
provincial and city/municipal levels;
e. To the maximum extent feasible, utilizing existing resources, assist provincial,
city and municipal solid waste management boards in the preparation,
modification, and implementation of waste management plans;
f. Develop a model provincial, city and municipal solid waste management plan
that will establish prototypes of the content and format which provinces, cities
and municipalities may use in meeting the requirements of the National Solid
Waste Management Framework;
g. Adopt a program to provide technical and other capability building assistance
and support to local government units in the development and implementation
of source reduction programs;
h. Develop and implement a program to assist local government units in the
identification of markets for materials that are diverted from disposal facilities
through re-use, recycling, and composting, and other environment-friendly
methods;
i. Develop a mechanism for the imposition of sanctions for the violation of
environmental rules and regulations
j. Manage the Solid Waste Management Fund;
k. Develop and prescribe procedures for the issuance of appropriate permits and
clearances;
l. Review the incentives scheme for effective solid waste management, for
purposes of ensuring relevance and efficiency in achieving the objectives of this
Act;
m. Formulate the necessary education promotion and information campaign
strategies;
n. Establish, after notice and hearing of the parties concerned, standards, criteria,
guidelines and formula that are fair, equitable and reasonable in establishing
tipping charges and rates that the proponent will charge in the operation and
management of solid waste management facilities and technologies;
o. Develop safety nets and alternative livelihood programs for small recyclers and
other sectors that will be affected as a result of the construction and/or operation
of a solid waste management recycling plant or facility;
p. Formulate and update a list of non-environmentally acceptable materials in
accordance with the provisions of this Act. For this purpose, it shall be necessary
that proper consultation be conducted by the Commission with all concerned
industries to ensure a list that is based on technological and economic viability;
q. Encourage private sector initiatives, community participation and investments
resource recovery-based livelihood programs for local communities;
r. Encourage all local government agencies and all local government units to
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patronize products manufactured using recycled and recyclable materials,
s. Propose and adopt regulations requiring the source separation and post
separation collection, segregated collection, processing, marketing and sale of
organic and designated recyclable material generated in each local government
unit; and
t. Study and review the following:
i. Standards, criteria and guidelines for the promulgation and
implementation of an integrated national solid waste management
framework; and
ii. Criteria and guidelines for siting, design, operation and maintenance of
solid waste management facilities.
Section 8. Role of the Department
For the furtherance of the objectives of this Act, the Department shall have the following
functions:
a. Chair the Commission created pursuant to this Act;
b. Prepare an annual National Solid Waste Management Status Report;
c. Prepare and distribute information, education and communication materials on
solid waste management;
d. Establish methods and other parameters for the measurement of waste
reduction, collection and disposal;
e. Provide technical and other capability building assistance and support to the
LGUs in the development and implementation of local solid waste management
plans and programs;
f. Recommend policies to eliminate barriers to waste reduction programs;
g. Exercise visitorial and enforcement powers to ensure strict compliance with this
Act; Perform such other powers and functions necessary to achieve the objectives
to this Act; and Issue rules and regulations to effectively implement the
provisions of this Act
Section 10. Role of LGUs in Solid Waste Management
Pursuant to the relevant provisions of R.A. No. 7160, otherwise known as the
Local Government Code, the LGUs shall be primarily responsible for the implementation
and enforcement of the provisions of this Act within their respective jurisdictions.
Segregation and collection of solid waste shall be conducted at the barangay level
specifically for biodegradable, compostable and reusable wastes: Provided, that the
collection of non-recyclable materials and special wastes shall be the responsibility of
the municipality or city.
Section 11. Provincial Solid Waste Management Board
In accordance to RA 9003 Section 11, the implementation of the rules and
regulation for the local solid waste management board was established. It was mandated
by the act that within six (6) months, all respective LGU's must established their own
respective solid waste management board; Local Solid Waste Management Board,
Provincial Solid Waste Management Board at Provincial level, City/Municipality Solid
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Waste Management Board is also created. DENR in collaboration with DILG are task to
assist each local LGUs in facilitating the setting up of the boards.
Provincial Solid Waste Management Board
In every Provincial Solid Waste Management Board, they are granted with the
following functions and responsibilities:
a. Develop a provincial solid waste management plan from the submitted solid
waste management plans of the respective city and municipal solid waste
management boards herein created. It shall review and integrate the submitted
plans of all its component cities and municipalities and ensure that the various
plans complement each other, and have the requisite components. The Provincial
Solid Waste Management Plan shall be submitted to the Commission for approval
The Provincial Plan shall reflect the general program of action and initiatives of
the provincial government in implementing a solid waste management program
that would support the various initiatives of its component cities and
municipalities.
b. Provide the necessary logistical and operational support to its component cities
and municipalities in consonance with subsection (f) of Section 17 of the Local
Government Code.
c. Recommend measures and safeguards against pollution and for the preservation
of the natural ecosystem.
d. Recommend measures to generate resources, funding and implementation of
projects and activities as specified in the duly approved solid waste management
plans.
e. Identify areas within it jurisdiction, which have common solid waste
management problems and are appropriate units for planning local solid waste
management services in accordance with Section 41 hereof.
f. Coordinate the efforts of the component cities and municipalities in the
implementation of the Provincial Solid Waste Management Plan.
g. Development an appropriate incentive scheme as an integral component of the
Provincial Solid Waste Management Plan.
h. Convene joint meetings of the provincial, city and municipal solid waste
management boards at least every quarter for purposes of integrating,
synchronizing, monitoring and evaluating the development and implementation
of its provincial solid waste management plan.
i. Represent any of its component city or municipality in coordinating its resource
and operational requirements with agencies of the national government.
j. Oversee the implementation of the Provincial Solid Waste Management Plan.
k. Review every two (2) years or as the need arises, the Provincial Solid Waste
Management Plan for purposes of ensuring its sustainability, viability,
effectiveness and relevance in relation to local and international developments
in the field of solid waste management.
l. Allow for the clustering of LGUs for the solution of common solid waste
management problems.
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In addition, each Provincial Solid Waste Management Board Members who will be
chaired by the Local Governor must be composed of the following;
a. All the mayors of its component cities and municipalities;
b. One (1) representative form the Sangguniang Panlalawigan to be represented by
the chairperson of either the Committees on Environment or Health or their
equivalent committees, to be nominated by the presiding officer;
c. The provincial health and/or general services officers, whichever may be
recommended by the governor;
d. The provincial environment and natural resources officer;
e. The provincial engineer;
f. Congressional representative(s) from each congressional district within the
province;
g. A representative from the NGO sector whose principal purpose is to promote
recycling and the protection of air and water quality;
h. A representative from the recycling industry;
i. A representative from the manufacturing or packaging industry; and
j. A representative of each concerned government agency possessing relevant
technical and marketing expertise as may be determined by the Board.
Section 12: City/ Municipality Solid Waste Management Board
Aside from the Provincial Solid Waste Management Board, City/Municipal Solid
Waste Management Board were also created and have been granted by the following
functions and responsibilities;
a. Develop the City or Municipal Solid Waste Management Plan that shall ensure the
long-term management of solid waste, as well as integrate the various solid waste
management plans and strategies of the barangays in its area of jurisdiction. In
the development of the Solid Waste Management Plan, it shall conduct
consultations with the various sectors of the community;
b. Adopt measures to promote and ensure the viability and effective
implementation of solid waste management programs in its component
barangays;
c. Monitor the implementation of the City or Municipal Solid Waste Management
Plan through its various political subdivisions and in cooperation with the
private sector and the NGOs;
d. Adopt specific revenue-generating measure to promote the viability of its Solid
Waste Management Plan;
e. Convene regular meetings fro purposes of planning and coordinating the
implementation of the solid waste management plans of the respective
component barangays;
f. Oversee the implementation of the City or Municipal Solid Waste Management
Plan;
g. Review every two (2) years or as the need arises the City or Municipal Solid
Waste Management Plan for purposes of ensuring its sustainability, viability,
effectiveness and relevance in relation to local and international developments
in the field of solid waste management;
h. Develop the specific mechanics and guidelines for the implementation of the City
or Municipal Solid Waste Management Plan;
i. Recommend to appropriate local government authorities specific measure or
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proposals for franchise or build-operate-transfer agreements with duly
recognized institutions, pursuant to RA 6967, to provide either exclusive or nonexclusive authority for the collection, transfer, storage, processing, recycling or
disposal of municipal solid waste. The proposals shall take into consideration
appropriate government rules and regulations on contracts, franchises and
build-operate-transfer agreements.
j. Provide the necessary logistical and operational support to its component cities
and municipalities in consonance with subsection (f) of Section 17 of the Local
Government Code;
k. Recommend measures and safeguards against pollution and for the preservation
of the natural ecosystem; and
l. Coordinated the efforts of its component barangays in the implementation of the
city or municipal Solid Waste Management Plan.
The Bureau shall provide advisory technical assistance in setting up of the local
solid waste management boards. The Commission shall provide the policy directions for
the Local Solid Waste Management Boards pursuant to section 8 of these Rules and
Regulations.
It shall be the duty of the LSWMBs and municipalities, to assist barangays in their
solid waste management, where the barangay cannot financially or adequately manage
all waste segregation, sorting, recovery, recycling and composting, conducted at the
MRF.
LGUs may assist the barangay either financially, technically or in any other
manner deemed necessary in order to achieve the waste diversion goal of section 20 of
the Act. Provided that within 45 days of the effectivity of the IRRs, the Liga Ng Mga
Barangay shall assess and thereby determine, those barangays requiring assistance
from their respective LGUs. The LNB shall subsequently inform the respective LSWMBs
of its findings.
In every municipality, their Solid Waste Management Board Members with the
Municipal Mayor as the chairperson must be composed of the following;
a. One (1) representative of the Sangguniang Panlungsod or the Sangguniang
Bayan, preferably chairpersons of either the Committees on Environment or
Health, who will be designated by the presiding officer;
b. President of the Association of Barangay Councils in the municipality or city;
c. Chairperson of the Sangguniang Kabataan Federation;
d. A representative from NGOs whose principal purpose is to promote recycling and
the protection of air and water quality;
e. A representative from the recycling industry;
f. A representative from the manufacturing or packaging industry; and
g. A representative of each concerned government agency possessing relevant
technical and marketing expertise as may be determined by the Board.
The City or Municipal Solid Waste Management Board may, from time to time,
call on any concerned agencies or sectors as it may deem necessary.
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Representatives from the NGOs, recycling and manufacturing or packaging
industries shall be selected through a process designed by themselves and shall be
endorsed by the government agency representatives of the Board.
Barangay Solid Waste Management Committee
Lastly, the creation of the Barangay Solid Waste Management Committee
(BSWMC) has been granted by the following functions and responsibility in their
respective barangays. The following are the BSWMC functions and responsibilities;
a. Formulate solid waste management program consistent with city municipality
plan
b. Segregation and collection of biodegradable, compostable, reusable wastes
c. Establish materials recovery facility
d. Allocate barangay funds; look for sources of funds
e. Organize core coordinators
f. Submit monthly report to city or municipality
As such, as the Barangay Captain as its chair, the members of BSWMC are the
following;
a.
b.
c.
d.
e.
f.
g.
h.
i.
j.
One (1) kagawad
SK chair
Presidents of Home Owners Association
Public/private school principals or representative
One (1) Parents and Teachers Association president or representative
One (1) Religious organization representative
One (1) Bus community representative
One (1) environmental NGO representative
President of Market Vendors Association
One (1) representative from junkshop owners’ association
Section 15. National Solid Waste Management Framework
Within six (6) months from the completion of the National Solid Waste
Management Status Report under Section 14 of this Act, the Commission created under
Section 4 of this Act shall, with public participation, formulate and implement a National
Solid Waste Management Framework. Such framework shall consider and include:
a. Analysis and evaluation of the current state, trends projections of solid waste
management on the national, provincial and municipal levels;
b. Identification of critical solid waste facilities and local government units which
will need closer monitoring and/or regulation;
c. Characteristics and conditions of collection, storage, processing, disposal,
operating methods, techniques and practices, location of facilities where such
operating methods, techniques and practices are conducted, taking into account
the nature of the waste;
d. Waste diversion goal pursuant to Section 20 of this Act;
e. Schedule for the closure and/or upgrading of open and controlled dumps
pursuant to Section 37 of this Act;
f. Methods of closing or upgrading open dumps for purposes of eliminating
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g.
h.
i.
j.
k.
l.
m.
n.
o.
potential health hazards;
The profile of sources, including industrial, commercial, domestic and other
sources;
Practical applications of environmentally sound techniques of waste
minimization such as, but not limited to, resource conservation, segregation at
source, recycling, resource recovery, including waste-to-energy generation, reuse and composting;
A technical and economic description of the level of performance that can be
attained by various available solid waste management practices which provide
for the protection of public health and the environment; Appropriate solid waste
facilities and conservation systems;
Recycling programs for the recyclable materials, such as but not limited to glass,
paper, plastic and metal;
Venues for public participation from all sectors at all phases/stages of the waste
management program/project;
Information and education campaign strategies;
A description of levels of performance and appropriate methods and degrees of
control that provide, at the minimum, for protection of public health and welfare
through:
1. Protection of the quality of groundwater and surface waters from leachate
and run-off contamination;
2. Disease and epidemic prevention and control;
3. Prevention and control of offensive odor; and
4. Safety and aesthetics.
Minimum criteria to be used by the local government units to define ecological
solid waste management practices. As much as practicable, such guidelines shall
also include minimum information for use in deciding the adequate location,
design, and construction of facilities associated with solid waste management
practices, including the consideration of regional, geographic, demographic, and
climatic factors; and
The method and procedure for the phaseout and the eventual closure within
eighteen (18) months from effectivity of this Act in case of existing open dumps
and/or sanitary landfills located within an aquifer, groundwater reservoir or
watershed area.
Section 16. Local Government Solid Waste Management Plans
The province, city or municipality, through its local solid waste management
boards, shall prepare its respective 10-year solid waste management plans consistent
with the National Solid Waste Management Framework:
Provided, that the waste management plan shall be for the re-use, recycling and
composting of wastes generated in their respective jurisdictions:
Provided, further, That the solid waste management plan of the LGU shall ensure
the efficient management of solid waste generated within its jurisdiction. The plan shall
place primary emphasis on implementation of all feasible reuse, recycling, and
composting programs while identifying the amount of landfill and transformation
capacity that will be needed for solid waste which cannot be re-used, recycled, or
composted. The plan shall contain all the components provided in Section 17 of this Act
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and a timetable for the implementation of the solid waste management program in
accordance with the National Framework and pursuant to the provisions of this Act:
Provided, finally, that it shall be reviewed and updated every year by the
provincial, city or municipal solid waste management board.
For LGUs which have considered solid waste management alternatives to comply
with Section 37 of this Act, but are unable to utilize such alternatives, a timetable or
schedule of compliance specifying the remedial measures and eventual compliance shall
be included in the plan.
All local government solid waste management plans shall be subjected to the
approval of the Commission. The plan shall be consistent with the national framework
and in accordance with the provisions of this Act and of the policies set by the
Commission:
Provided, that in the Province of Palawan, the local government solid waste
management plan shall be approved by the Palawan Council for Sustainable
Development, pursuant to R.A. No. 7611.
Section 17. The Components of the Local Government Solid Waste
Management Plan. – The solid waste management plan shall include, but not
limited to, the following components:
a. City or Municipal Profile
The plan shall indicate the following background information on the city
or municipality and following background information on the city or municipality
and its component barangays, covering important highlights of the distinct
geographic and other conditions:
1. Estimated population of each barangay within the city or municipality and
population projection for a 10-year period;
2. Illustration or map of the city/municipality, indicating locations of
residential, commercial, and industrial centers, and agricultural area, as
well as dump sites, landfills and other solid waste facilities. The
illustration shall indicate as well, the proposed sites for disposal and other
solid waste facilities;
3. Estimated solid waste generation and projection by source, such as
residential, market, commercial, industrial, construction/demolition,
street waste, agricultural, agro-industrial, institutional, other wastes; and
4. Inventory of existing waste disposal and other solid waste facilities and
capacities.
b. Waste characterization
For the initial source reduction and recycling element of a local waste
management plan, the LGU waste characterization component shall identify the
constituent materials which comprise the solid waste generated within the
jurisdiction of the LGU. The information shall be representative of the solid waste
generated and disposed of within that area. The constituent materials shall be
identified by volume, percentage in weight or its volumetric equivalent, material
type, and source of generation which includes residential, commercial, industrial
governmental, or other sources. Future revisions of waste characterization
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studies shall identify the constituent materials which comprise the solid waste
disposed of at permitted disposal facilities.
c. Collection and Transfer
The plan shall take into account the geographic subdivisions to define the
coverage of the solid waste collection area in every barangay. The barangay shall
be responsible for ensuring that a 100% collection efficiency from residential,
commercial, industrial and agricultural sources, where necessary within its area
of coverage, is achieved. Toward this end, the plan shall define and identify the
specific strategies and activities to be undertaken by its component barangays,
taking into account the following concerns:
1. Availability and provision of properly designed containers or receptacles
in selected collection points for the temporary storage of solid waste while
awaiting collection and transfer to processing sites or to final disposal
sites;
2. Segregation of different types of solid waste for re-use, recycling and
composting;
3. Hauling and transfer of solid waste from source or collection points to
processing sites or final disposal sites;
4. Issuance and enforcement of ordinances to effectively implement a
collection system in the barangay; and
5. Provision of properly trained officers and workers to handle solid waste
disposal.
The plan shall define and specify the methods and systems for the transfer
of solid waste from specific collection points to solid waste management
facilities.
d. Processing
The plan shall define the methods and the facilities required to process
the solid waste, including the use of intermediate treatment facilities for
composting, recycling, conversion and other waste processing systems. Other
appropriate waste processing technologies may also be considered provided that
such technologies conform with internationally acceptable and other standards
set in other laws and regulations.
e. Source reduction
The source reduction component shall include a program and
implementation schedule which shows the methods by which the LGU will, in
combination with the recycling and composting components, reduce a sufficient
amount of solid waste disposed of in accordance with the diversion requirements
of Section 20.
The source reduction component shall describe the following:
1. strategies in reducing the volume of solid waste generated at
source;
2. measures for implementing such strategies and the resources
necessary to carry out such activities;
3. other appropriate waste reduction technologies that may also be
considered, provided that such technologies conform with the
standards set pursuant to this Act;
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4. the types of wastes to be reduced pursuant to Section 15 of this
Act;
5. the methods that the LGU will use to determine the categories of
solid wastes to be diverted from disposal at a disposal facility
through re-use, recycling and composting; and
6. new facilities and of expansion of existing facilities which will be
needed to implement re-use, recycling and composting.
The LGU source reduction component shall include the evaluation and
identification of rate structures and fees for the purpose of reducing the amount
of waste generated, and other source reduction strategies, including but not
limited to, programs and economic incentives provided under Section 45 of this
Act to reduce and use of non-recyclable materials, replace disposable materials
and products with reusable materials and products, reduce packaging, and
increase the efficiency of the use of paper, cardboard, glass, metal, and other
materials. The waste reduction activities of the community shall also take into
account, among others, local capability, economic viability, technical
requirements, social concerns, disposition of residual waste and environmental
impact:
Provided, That, projection of future facilities needed and estimated cost
shall be incorporated in the plan.
f. Recycling
The recycling component shall include a program and implementation
schedule which shows the methods by which the LGU shall, in combination with
the source reduction and composting components, reduce a sufficient amount of
solid waste disposed of in accordance with the diversion requirements set in
Section 20.
The LGU recycling component shall describe the following:
1. The types of materials to be recycled under the programs;
2. The methods for determining the categories of solid wastes to be
diverted from disposal at a disposal facility through recycling; and
3. New facilities and expansion of existing facilities needed to
implement the recycling component.
The LGU recycling component shall describe methods for developing the
markets for recycled materials, including, but not limited to, an evaluation of the
feasibility of procurement preferences for the purchase of recycled products.
Each LGU may determine and grant a price preference to encourage the purchase
of recycled products. The five-year strategy for collecting, processing, marketing
and selling the designated recyclable materials shall take into account persons
engaged in the business of recycling or persons otherwise providing recycling
services before the effectivity of this Act. Such strategy may be based upon the
results of the waste composition analysis performed pursuant to this Section or
information obtained in the course of past collection of solid waste by the local
government unit, and may include recommendations with respect to increasing
the number of materials designated for recycling pursuant to this Act.
The LGU recycling component shall evaluate industrial, commercial,
residential, agricultural, governmental, and other curbside, mobile, drop-off, and
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buy-back recycling programs, manual and automated materials recovery
facilities, zoning, building code changes and rate structures which encourage
recycling of materials. The Solid Waste Management Plan shall indicate the
specific measures to be undertaken to meet the waste diversion specified under
Section 20 of this Act.
Recommended revisions to the building ordinances, requiring newly
constructed buildings and buildings undergoing specified alterations to contain
storage space, devices or mechanisms that facilitate source separation and
storage of designated recyclable materials to enable the local government unit to
efficiently collect, process, market and sell the designated materials. Such
recommendations shall include, but shall not be limited to separate chutes to
facilitate source separation in multi-family dwellings, storage areas that conform
to fire and safety code regulations, and specialized storage containers. The Solid
Waste Management Plan shall indicate the specific measures to be undertaken to
meet the recycling goals pursuant to the objectives of this Act.
g. Composting
The composting component shall include a program and implementation
schedule which shows the methods by which the LGU shall, in combination with
the source reduction and recycling components, reduce a sufficient amount of
solid waste disposed of within its jurisdiction to comply with the diversion
requirements of Section 20 hereof.
The LGU composting components shall describe the following:
1. The types of materials which will be composted under the
programs;
2. The methods for determining the categories of solid wastes to be
diverted from disposal at a disposal facility through composting;
and New facilities, and expansion of existing facilities needed to
implement the composting component.
The LGU composting component shall describe methods for developing
the markets for composted materials, including, but not limited to, an evaluation
of the feasibility of procurement preferences for purchase of composted
products. Each LGU may determine and grant a price preference to encourage the
purchase of composted products.
h. Solid waste facility capacity and final disposal
The solid waste facility component shall include, but shall not be limited
to, a projection of the amount of disposal capacity needed to accommodate the
solid waste generated, reduced by the following:
1. Implementation of source reduction, recycling, and composting
programs required in this Section or through implementation of
other waste diversion activities pursuant to Section 20 of this Act;
2. Any permitted disposal facility which will be available during the
10-year planning period; and
3. All disposal capacity which has been secured through an
agreement with another LGU, or through an agreement with a solid
waste enterprise.
The plan shall identify existing and proposed disposal sites and waste
management facilities in the city or municipality or in other areas. The plan shall
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specify the strategies for the efficient disposal of waste through existing disposal
facilities and the identification of prospective sites for future use. The selection
and development of disposal sites shall be made on the basis of internationally
accepted standards and on the guidelines set in Sections 4 and 42 of this Act.
Strategies shall be included to improve said existing sites to reduce
adverse impact on health and the environment, and to extend life span and
capacity. The plan shall clearly define projections for future disposal site
requirements and the estimated cost for these efforts.
Open dump sites shall not be allowed as final disposal sites. If an open
dump site is existing within the city or municipality, the plan shall make
provisions for its closure or eventual phase out within the period specified under
the framework and pursuant to the provisions under Section 37 of this Act. As an
alternative, sanitary landfill sites shall be developed and operated as a final
disposal site for solid and, eventually, residual wastes of a municipality or city or
a cluster of municipalities and/or cities. Sanitary landfills shall be designed and
operated in accordance with the guidelines set under Sections 40 and 41 of this
Act.
i.
Education and public information
The education and public information component shall describe how the
LGU will educate and inform its citizens about the source reduction, recycling,
and composting programs. The plan shall make provisions to ensure that
information on waste collection services, solid waste management and related
health and environmental concerns are widely disseminated among the public.
This shall be undertaken through the print and broadcast media and other
government agencies in the municipality. The DECS and the Commission on
Higher Education shall ensure that waste management shall be incorporated in
the curriculum of primary, secondary and college students.
j.
Special waste
The special waste component shall include existing waste handling and
disposal practices for special waste or household hazardous wastes, and the
identification of current and proposed programs to ensure the proper handling,
re-use, and long-term disposal of special wastes.
k. Resource requirement and funding
The funding component includes identification and description of project
costs, revenues, and revenue sources the LGU will use to implement all
components of the LGU solid waste management plan. The plan shall likewise
indicate specific projects, activities, equipment and technological requirements
for which outside sourcing of funds or materials may be necessary to carry out
the specific components of the plan. It shall define the specific uses for its
resource requirements and indicate its costs.
The plan shall likewise indicate how the province, city or municipality
intends to generate the funds for the acquisition of its resource requirements. It
shall also indicate if certain resource requirements are being or will be sourced
from fees, grants, donations, local funding and other means. This will serve as
basis for the determination and assessment of incentives which may be extended
to the province, city or municipality as provided for in Section 45 of this Act.
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l.
Privatization of solid waste management projects
The plan shall likewise indicate specific measures to promote the
participation of the private sector in the management of solid wastes, particularly
in the generation and development of the essential technologies for solid waste
management. Specific projects or component activities of the plan which may be
offered as private sector investment activity shall be identified and promoted as
such. Appropriate incentives for private sector involvement in solid waste
management shall likewise be established and provided for in the plan, in
consonance with Section 45 hereof and other existing laws, policies and
regulations; and
m. Incentive programs
A program providing for incentives, cash or otherwise, which shall
encourage the participation of concerned sectors shall likewise be included in the
plan.
Section 19. Waste Characterization
The Department, in coordination with the LGUs, shall be responsible for the
establishment of the guidelines for the accurate characterization of wastes including
determination of whether or not wastes will be compatible with containment features
and other wastes, and whether or not wastes are required to be managed as hazardous
wastes under R.A. 6969, otherwise known as the Toxic Substances and Hazardous and
Nuclear Waste Control Act.
Section 20. Establishing Mandatory Solid Waste Diversion
Each LGU plan shall include an implementation schedule which shows that
within five (5) years after the effectivity of this Act; the LGU shall divert at least 25% of
all solid waste from waste disposal facilities through re-use, recycling, and composting
activities and other resource recovery activities:
Provided, that the waste diversion goals shall be increased every three (3) years
thereafter:
Provided, further, that nothing in this Section prohibits a local government unit
from implementing re-use, recycling, and composting activities designed to exceed the
goal.
Section 21. Mandatory Segregation of Solid Wastes
The LGUs shall evaluate alternative roles for the public and private sectors in
providing collection services, type of collection system, or combination of systems, that
best meet their needs:
Provided, that segregation of wastes shall primarily be conducted at the source,
to include household, institutional, industrial, commercial and agricultural sources:
Provided, further, that wastes shall be segregated into the categories provided in
Section 22 of this Act. For premises containing six (6) or more residential units, the local
government unit shall promulgate regulations requiring the owner or person in charge
of such premises to:
a. provide for the residents a designated area and containers in which to
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accumulate source separated recyclable materials to be collected by the
municipality or private center; and
b. notify the occupants of such buildings of the requirements of this Act and the
regulations promulgated pursuant thereto.
Section 22. Requirements for the Segregation and Storage of Solid Waste
The following shall be the minimum standards and requirements for segregation
and storage of solid waste pending collection:
There shall be a separate container for each type of waste from all sources:
a. Provided, that in the case of bulky waste, it will suffice that the same be collected
and placed in a separate and designated area; and
b. The solid waste container depending on its use shall be properly marked or
identified for on-site collection as "compostable", "non-recyclable", "recyclable"
or "special waste", or any other classification as may be determined by the
Commission.
Collection and Transport of Solid Waste
Section 23. Requirements for Collection of Solid Waste
The following shall be the minimum standards and requirements for the
collection of solid waste:
a. All collectors and other personnel directly dealing with collection of solid waste
shall be equipped with personal protective equipment to protect them from the
hazards of handling solid wastes;
b. Necessary training shall be given to the collectors and personnel to ensure that
the solid wastes are handled properly and in accordance with the guidelines
pursuant to this Act; and
c. Collection of solid waste shall be done in a manner which prevents damage to the
container, and spillage or scattering of solid waste within the collection vicinity.
Section 24. Requirements for the Transport of Solid Waste
The use of separate collection schedules and/or separate trucks or haulers shall
be required for specific types of wastes. Otherwise, vehicles used for the collection and
transport of solid wastes shall have the appropriate compartments to facilitate efficient
storing of sorted wastes while in transit.
Vehicles shall be designed to consider road size, condition and capacity to ensure
the safe and efficient collection and transport of solid wastes. The waste compartment
shall have a cover to ensure the containment of solid wastes while in transit.
For the purpose of identification, vehicles shall bear the body number, the name,
and telephone number of the contractor/agency collecting solid waste.
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Section 25. Guidelines for Transfer Stations
Transfer stations shall be designed and operated for efficient waste handling
capacity and in compliance with environmental standards and guidelines set pursuant
to this Act and other regulations:
Provided, that no waste shall be stored in such station beyond twenty-four (24)
hours. The siting of the transfer station shall consider the land use plan, proximity to
collection area, and accessibility of haul routes to disposal facility. The design shall give
primary consideration to size and space sufficiency in order to accommodate the waste
for storage and vehicles for loading and unloading of wastes.
Recycling Program
Section 26. Inventory of Existing Markets for Recyclable Materials
The DTI shall, within six (6) months from the effectivity of this Act and in
cooperation with the Department, the DILG and other concerned agencies and sectors,
publish a study of existing markets for processing and purchasing recyclable materials
and the potential steps necessary to expand these markets. Such study shall include, but
not be limited to, an inventory of existing markets for recyclable materials, product
standards for recyclable and recycled materials, and a proposal, developed in
conjunction with the appropriate agencies, to stimulate the demand for the production
of products containing post-consumer and recovered materials.
Section 27. Requirement for Eco-Labeling
The DTI shall formulate and implement a coding system for packaging materials
and products to facilitate waste recycling and re-use.
Section 28. Reclamation Programs and Buy-back Centers for Recyclables
and Toxics
The National Ecology Center shall assist LGUs in establishing and implementing
deposit or reclamation programs in coordination with manufacturers, recyclers and
generators to provide separate collection systems or convenient drop-off locations for
recyclable materials and particularly for separated toxic components of the waste
stream like dry cell batteries and tires to ensure that they are not incinerated or
disposed of in landfill. Upon effectivity of this Act, toxic materials present in the waste
stream should be separated at source, collected separately, and further screened and
sent to appropriate hazardous waste treatment and disposal plants, consistent with the
provisions of R.A. No. 6969.
Section 29. Non-Environmentally Acceptable Products
Within one (1) year from the effectivity of this Act, the Commission shall, after
public notice and hearing, prepare a list of non-environmentally acceptable products as
defined in this Act that shall be prohibited according to a schedule that shall be prepared
by the Commission:
Provided, however, that non-environmentally acceptable products shall not be
prohibited unless the Commission first finds that there are alternatives available which
are available to consumers at no more than ten percent (10%) greater cost than the
disposable product.
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to:
Notwithstanding any other provision to the contrary, this section shall not apply
a. Packaging used at hospitals, nursing homes or other medical facilities; and
b. Any packaging which is not environmentally acceptable, but for which there is no
commercially available alternative as determined by the Commission. The
Commission shall annually review and update the list of prohibited
nonenvironmentally acceptable products.
Section 30. Prohibition on the Use of Non-Environmentally Acceptable
Packaging
No person owning, operating or conducting a commercial establishment in the
country shall sell or convey at retail or possess with the intent to sell or convey at retail
any products that are placed, wrapped or packaged in on packaging which is not
environmentally acceptable packaging: Provided, That the Commission shall determine
a phaseout period after proper consultation and hearing with the stakeholders or with
the sectors concerned. The presence in the commercial establishment of
nonenvironmentally acceptable packing shall constitute a rebuttable presumption of
intent to sell or convey the same at retail to customers.
Any person who is a manufacturer, broker or warehouse operator engaging in
the distribution or transportation of commercial products within the country shall file a
report with the concerned local government unit within one (1) year from the effectivity
of this Act, and annually thereafter, a listing of any products in packaging which is not
environmentally acceptable. The Commission shall prescribe the form of such report in
its regulations.
A violation of this Section shall be sufficient grounds for the revocation,
suspension, denial or non-renewal of any license for the establishment in which the
violation occurs.
Section 31. Recycling Market Development
The Commission together with the National Ecology Center, the DTI and the Department
of Finance shall establish procedures, standards and strategies to market recyclable
materials and develop the local marker for recycled goods, including but not limited to:
a. measures providing economic incentives and assistance including loans and
grants for the establishment of privately-owned facilities to manufacture finished
products from post-consumer materials;
b. guarantees by the national and local governments to purchase a percentage of
the output of the facility; and
c. maintaining a list of prospective buyers, establishing contact with prospective
buyers and reviewing and making any necessary changes in collecting or
processing the materials to improve their marketability.
In order to encourage establishment of new facilities to produce goods from postconsumer and recovered materials generated within local government units, and to
conserve energy by reducing materials transportation, whenever appropriate, each
local government unit may arrange for long-term contracts to purchase a substantial
share of the product output of a proposed facility which will be based in the jurisdiction
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of the local government unit if such facility will manufacture such finished products from
post-consumer and recovered materials.
Section 32. Establishment of LGU Materials Recovery Facility
There shall be established a Materials Recovery Facility (MRF) in every barangay
or cluster of barangays. The facility shall be established in a barangay-owned or leased
land or any suitable open space to be determined by the barangay through its
Sanggunian. For this purpose, the barangay or cluster of barangays shall allocate a
certain parcel of land for the MRF. The determination of site and actual establishment of
the facility shall likewise be subject to the guidelines and criteria set pursuant to this
Act. The MRF shall receive mixed waste for final sorting, segregation, composting, and
recycling. The resulting residual wastes shall be transferred to a long-term storage or
disposal facility or sanitary landfill.
Section 33. Guidelines for Establishment of Materials Recovery Facility
Materials recovery facilities shall be designed to receive, sort, process, and store
compostable and recyclable material efficiently and in an environmentally sound
manner. The facility shall address the following considerations:
a. The building and/or land layout and equipment must be designed to
accommodate efficient and safe materials processing, movement, and storage;
and
b. The building must be designed to allow efficient and safe external access and to
accommodate internal flow.
Composting
Section 34. Inventory of Markets for Composts
Within six (6) months after the effectivity of this Act, the DA shall publish an
inventory of existing markets and demands for composts. Said inventory shall thereafter
be updated and published annually:
Provided, that the composting of agricultural wastes, and other compostable
materials, including but not limited to garden wastes, shall be encouraged.
Section 35. Guidelines for Compost Quality
Compost products intended to be distributed commercially shall conform with
the standards for organic fertilizers set by the DA. The DA shall assist the compost
producers to ensure that the compost products conform to such standards.
Waste Management Facilities
Section 36. Inventory of Waste Disposal Facilities
Within six (6) months from the effectivity of this Act, the Department, in
cooperation with the DOH, DILG and other concerned agencies, shall publish an
inventory of all solid waste disposal facilities or sites in the country.
Section 37. Prohibition Against the Use of Open Dumps for Solid Waste
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No open dumps shall be established and operated, nor any practice or disposal of
solid waste by any person, including LGUs, which constitutes the use of open dumps for
solid waste, be allowed after the effectivity of this Act: Provided, That within three (3)
years after the effectivity of this Act, every LGU shall convert its open dumps into
controlled dumps, in accordance with the guidelines set in Section 41 of this Act:
Provided, further, that no controlled dumps shall be allowed five (5) years
following effectivity of this Act.
Section 38. Permit for Solid Waste Management Facility Construction and
Expansion
No person shall commence operation, including site preparation and
construction of a new solid waste management facility or the expansion of an existing
facility until said person obtains an Environmental Compliance Certificate (ECC) from
the Department pursuant to P.D. 1586 and other permits and clearances from concerned
agencies.
Section 39. Guidelines for Controlled Dumps
The following shall be the minimum considerations for the establishment of
controlled dumps:
a.
b.
c.
d.
e.
f.
g.
h.
i.
j.
Regular inert cover;
Surface water and peripheral site drainage control;
Provision for aerobic and anaerobic decomposition;
Restriction of waste deposition to small working areas;
Fence, including provision for litter control;
Basic record-keeping;
Provision of maintained access road;
Controlled waste picking and trading;
Post-closure site cover and vegetation; and
Hydrogeological siting.
Section 40. Criteria for Siting a Sanitary Landfill
The following shall be the minimum criteria for the siting of sanitary landfills:
a. The site selected must be consistent with the overall land use plan of the LGU;
b. The site must be accessible from major roadways or thoroughfares;
c. The site should have an adequate quantity of earth cover material that is easily
handled and compacted;
d. The site must be chosen with regard for the sensitivities of the community's
residents;
e. The size must be located in an area where the landfill’s operation will not
detrimentally affect environmentally sensitive resources such as aquifer,
groundwater reservoir or watershed area;
f. The site should be large enough to accommodate the community’s wastes for a
period of five (5) years during which people must internalize the value of
environmentally sound and sustainable solid waste disposal;
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g. The site chosen should facilitate developing a landfill that will satisfy budgetary
constraints, including site development, operation for many years, closure, postclosure care and possible remediation costs;
h. Operating plans must include provisions for coordinating with recycling and
resource recovery projects; and
i. Designation of a separate containment area for household hazardous wastes.
Section 41. Criteria for Establishment of Sanitary Landfill
The following shall be the minimum criteria for the establishment of sanitary
landfills:
a. Liners – a system of clay layers and/or geosynthetic membranes used to contain
leachate and reduce or prevent contaminant flow to groundwater;
b. Leachate collection and treatment system – Installation of pipes at the low areas
of the liner to collect leachate for storage and eventual treatment and discharge;
c. Gas control recovery system – a series of vertical wells or horizontal trenches
containing permeable materials and perforated piping placed in the landfill to
collect gas for treatment or productive use as an energy source;
d. Ground water monitoring well system – wells placed at an appropriate location
and depth for taking water samples that are representative of groundwater
quality;
e. Cover – two (2) forms of cover consisting of soil and geosynthetic materials to
protect the waste from long-term contact with the environment:
i.
a daily cover place over the waste at the close of each day’s operations,
and;
ii.
a final cover, or cap, which is the material placed over the completed
landfill to control infiltration of water, gas emission to the atmosphere,
and erosion.
f. Closure procedure – with the objectives of establishing low maintenance cover
systems and final cover that minimizes the infiltration of precipitation into the
waste. Installation of the final cover must be completed within six (6) months of
the least receipt of wastes; and
g. Post-closure care procedure – During this period, the landfill owner shall be
responsible for providing for the general upkeep of the landfill, maintaining all of
the landfill’s environmental protection features, operating monitoring
equipment, remediating groundwater should it become contaminated and
controlling landfill gas migration or emission.
Section 42. Operating Criteria for Sanitary Landfills
In the operation of a sanitary landfill, each site operator shall maintain the
following minimum operating requirements:
a. Disposal site records of, but not limited to:
i. Records of weights or volumes accepted in a form and manner
approved by the Department. Such records shall be submitted to the
Department upon request, accurate to within ten percent (10 %) and
adequate for overall planning purposes and forecasting the rate of site
filling;
ii. Records of excavations which may affect the safe and proper operation
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of the site or cause damage to adjoining properties;
iii. Daily log book or file of the following information: fires, landslides,
earthquake damage, unusual and sudden settlement, injury and
property damage, accidents, explosions, receipt or rejection of
unpermitted wastes, flooding, and other unusual occurrences;
iv.
Record of personnel training; and
v.
copy of written notification to the Department, local health agency,
and fire authority of names, addresses and telephone numbers of the
operator or responsible party of the site:
b. Water quality monitoring of surface and ground waters and effluent, and gas
emissions;
c. Documentation of approvals, determinations and other requirements by the
Department;
d. Signs
i. Each point of access from a public road shall be posted with an easily
visible sign indicating the facility name and other pertinent
information as required by the Department;
ii. If the site is open to the public, there shall be an easily visible sign at
the primary entrance of the site indicating the name of the site
operator, the operator’s telephone number, and hours of operation; an
easily visible sign at an appropriate point shall indicate the schedule
of charges and the general types of materials which will be accepted
or not;
iii. If the site is open to the public, there shall be an easily visible road sign
and/or traffic control measures which direct traffic to the active face
and other areas where wastes or recyclable materials will be
deposited; and
iv. Additional signs and/or measures may be required at a disposal site
by the Department to protect personnel and public health and safety;
e. Monitoring of quality of surface, ground and effluent waters, and gas
emissions;
f. The site shall be designed to discourage unauthorized access by persons and
vehicles by using a perimeter barrier or topographic constraints. Areas within
the site where open storage or ponding of hazardous materials occurs shall
be separately fenced or otherwise secured as determined by the Department.
The Department may also require that other areas of the site be fenced to
create an appropriate level of security;
g. Roads within the permitted facility boundary shall be designed to minimize
the generation of dust and the tracking of materials onto adjacent public
roads. Such roads shall be kept in safe condition and maintained such that
vehicle access and unloading can be conducted during inclement weather;
h. Sanitary facilities consisting of adequate number of toilets and handwashing
facilities, shall be available to personnel at or in the immediate vicinity of the
site;
i. Safe and adequate drinking water supply for the site personnel shall be
available;
j. The site shall have communication facilities available to site personnel to
allow quick response to emergencies;
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k. Where operations are conducted during hours of darkness, the site and/or
equipment shall be equipped with adequate lighting as approved by the
Department to ensure safety and to monitor the effectiveness of operations;
l. Operating and maintenance personnel shall wear and use appropriate safety
equipment as required by the Department;
m. Personnel assigned to operate the site shall be adequately trained in subject
pertinent to the site operation and maintenance, hazardous materials
recognition and screening and heavy equipment operations, with emphasis
on safety, health, environmental controls and emergency procedures. A
record of such training shall be placed in the operating record;
n. The site operator shall provide adequate supervision of a sufficient number
of qualified personnel to ensure proper operation of the site in compliance
with all applicable laws, regulations, permit conditions and other
requirements. The operator shall notify the Department and local health
agency in writing of the names, addresses, and telephone number of the
operator or responsible party. A copy of the written notification shall be
placed in the operating record;
o. Any disposal site open to the public shall have an attendant present during
public operating hours or the site shall be inspected by the operator on a
regularly scheduled basis, as determined by the Department;
p. Unloading of solid wastes shall be confined to a small area as possible to
accommodate the number of vehicles using the area without resulting in
traffic, personnel, or public safety hazards. Waste materials shall normally be
deposited at the toe of the fill, or as otherwise approved by the Department;
q. Solid waste shall be spread and compacted in layers with repeated passages
of the landfill equipment to minimize voids within the cell and maximize
compaction. The loose layer shall not exceed a depth approximately two feet
before compaction. Spreading and compacting shall be accomplished as
rapidly as practicable, unless otherwise approved by the Department;
r. Covered surfaces of the disposal area shall be graded to promote lateral
runoff of precipitation and to prevent ponding. Grades shall be established of
sufficient slopes to account for future settlement of the fill surface. Other
effective maintenance methods may be allowed by the Department; and
s. Cover material or native material unsuitable for cover, stockpiled on the site
for use or removal, shall be placed so as not to cause problems or interfere
with unloading, spreading, compacting, access, safety, drainage, or other
operations.
Section 48. Prohibited Acts
The following acts are prohibited:
1. 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;
2. 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;
3. The open burning of solid waste;
4. Causing or permitting the collection of non-segregated or unsorted waste;
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5. Squatting in open dumps and landfills;
6. Open dumping, burying of biodegradable or non-biodegradable materials in
flood-prone areas;
7. Unauthorized removal of recyclable material intended for collection by
authorized persons;
8. 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;
9. Establishment or operation of open dumps as enjoined in this Act, or closure
of said dumps in violation of Sec. 37;
10. The manufacture, distribution or use of non-environmentally acceptable
packaging materials;
11. Importation of consumer products packaged in non-environmentally
acceptable materials;
12. Importation of toxic wastes misrepresented as “recyclable” or “with
recyclable content”;
13. Transport and dumping in bulk of collected domestic, industrial, commercial
and institutional wastes in areas other than centers of facilities prescribed
under this Act;
14. 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;
15. The construction of any establishment within two hundred (200) meters
from open dumps or controlled dumps or sanitary landfills; and
16. The construction or operation of landfills or any waste disposal facility on any
aquifer, groundwater reservoir or watershed area and or any portions
thereof;
Section 49. Fines and Penalties
a. Any person who violates Sec. 48, paragraph (1) shall, upon conviction, be
punished with a fine of not less than Three hundred pesos (P300.00) but not
more than One thousand pesos (P1,000.00) or render community service for
not less than one (1) day to not more than fifteen (15) days to an LGU where
such prohibited acts are committed, or both;
b. Any person who violates Sec. 48, pars. (2) and (3), shall, upon conviction, be
punished with a fine of not less than Three hundred pesos (P300.00) but not
more than One thousand pesos (P1,000.00) or imprisonment of not less than
one (1) day to not more than fifteen (15) days, or both;
c. Any person who violates Sec. 48 pars. (4), (5), (6), and (7) shall, upon
conviction, be punished with a fine of not less than One thousand pesos
(P1,000.00) but not more than Three thousand pesos (P3,000.00) or
imprisonment of not less than fifteen (15) days but not more than six (6)
months, or both;
d. Any person who violates Sec. 48 pars. (8), (9), (10) and (11) for the first time
shall, upon conviction, pay a fine of Five hundred thousand pesos
(P500,000.00) plus an amount not less than five percent (5%) but not more
than ten percent (10%) of his net annual income during the previous year.
e. The additional penalty of imprisonment of a minimum period of one (1) year,
but not to exceed three (3) years at the discretion of the court, shall be
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imposed for second or subsequent violations of Sec. 48, paragraphs (9) and
(10).
f. Any person who violates Sec. 48, pars. (12) and (13), shall, upon conviction,
be punished with a fine of not less than Ten thousand pesos (P10,000.00) but
not more than Two hundred thousand pesos (P200,000.00) or imprisonment
of not less than thirty (30) days but not more than three (3) years, or both;
g. Any person who violates Sec. 48, pars. (14), (15) and (16) shall, upon
conviction, be punished with a fine not less than One hundred thousand pesos
(P100,000.00) but not more than One million pesos (P1,000,000.00), or
imprisonment not less than one (1) year but not more than six (6) years, or
both. If the offense is committed by a corporation, partnership, or other
juridical entity duly organized in accordance with law, the chief executive
officer, president, general manager, managing partner or such other officerin-charge shall be liable for the commission of the offense penalized under
this Act.
If the offender is an alien, he shall, after service of the sentence prescribed above,
be deported without further administrative proceedings.
The fines herein prescribed shall be increased by at least ten percent (10%) every
three (3) years to compensate for inflation and to maintain the deterrent function of
such fines.
Section 50. Administrative Sanctions
Local government officials and officials of government agencies concerned who
fail to comply with and enforce rules and regulations promulgated relative to this Act
shall be charged administratively in accordance with R.A. 7160 and other existing laws,
rules and regulations.
Self-Help: You can also refer to the sources below to help you
further understand the lesson:
Engineering Laws of the Philippines with RELATED Laws. 1981.Rex Bookstore
Solid Waste law of the Philippines
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Let’s Check
Research Assignment 1
Enumerate the components of the inverted pyramid paradigm of RA 9003 and discuss
each of them.
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Let’s Analyze
Research assignment 2
Which is better; dumping your solid waste in a landfill facility or incinerating the solid
waste to generate electricity that would be utilize by the community? Explain and
discuss the advantage and disadvantages between the two and site examples that will
support your claims.
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In a Nutshell
In Japan, they have established one of the finest solid waste management system
in the world in which earned praises from countries around the world. What do you
think would be the reason that Japan could pull off such extraordinary feat while
Philippines could not?
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BIG PICTURE IN FOCUS: ULOc. To know all the water quality standards
and effluent standards and the classification of
all types of water.
Metalanguage
Below are the essential terms that you are going to encounter in the pursuit of
knowing the water quality standards and effluent standards and the classification of all
types of water. You are strongly advised to frequently refer to these definitions to help
you understand the succeeding discussions.
Essential Knowledge
To perform the aforesaid big picture (unit learning outcomes), you need to
understand the following terms to know the water quality standards and effluent
standards and the classification of all types of water will be laid down in the succeeding
pages. Please note that you are not limited to exclusively refer to these resources.
Thus, you are expected to utilize other books, research articles and other resources
that are available in the university’s library e.g. ebrary, search.proquest.com etc.
Aquifer means a layer of water-bearing rock located underground that transmits water
in sufficient quantity to supply pumping wells or natural springs.
Aquatic life means all organisms living in freshwater, brackish and marine
environments.
Beneficial use means the use of the environment or any element or segment thereof
conducive to public or private welfare, safety and health; and shall include, but
not be limited to, the use of water for domestic, municipal, irrigation, power
generation, fisheries, livestock raising, industrial, recreational and other
purposes.
Use of water for domestic purposes means the utilization of water for drinking,
washing, bathing, cooking or other household needs, home gardens and
watering of lawns or domestic animals;
Use of water for municipal purposes means the utilization of water for supplying
water requirements of the community;
Use of water for irrigation means the utilization of water for producing agricultural
crops;
Use of water for power generation means the utilization of water for producing
electrical or mechanical power;
Use of water for fisheries means the utilization of water for the propagation of culture
of fish as a commercial enterprise;
Use of water for livestock raising means the utilization of water for large herds or
flocks of animals raised as a commercial enterprise;
Use of water for industrial purposes means the utilization of water in factories,
industrial plants and mines, including the use of water as an ingredient of a
finished product; and
Use of water for recreational purposes means the utilization of water for swimming
pools, bath houses, boating, water skiing, golf courses and other similar facilities
in resorts and other places of recreation.
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Cleaner production means the application of an integrated, preventive environmental
strategy to processes, products, services to increase efficiency and reduce risks
to humans and the environment;
Clean-up operations means activities involving the removal of pollutants discharged
or spilled into a water body and its surrounding areas, and the restoration of the
affected areas to their former physical, chemical and biological state or
conditions.
Contamination means the introduction of substances not found in the natural
composition of water that make the water less desirable or unfit for intended use.
Discharge includes, but is not limited to, the act of spilling, leaking, pumping, pouring,
emitting, emptying, releasing or dumping of any material into a water body or
onto land from which it might flow or drain into said water.
Drinking water means water intended for human consumption or for use in food
preparation
Dumping means any unauthorized or illegal disposal into any body of water or land of
wastes or toxic or hazardous material: Provided, That it does not mean a release
of effluent coming from commercial, industrial, and domestic sources which are
within the effluent standards.
Effluent means discharges from known source which is passed into a body of water or
land, or wastewater flowing out of a manufacturing plant, industrial plant
including domestic, commercial and recreational facilities.
Effluent standard means any legal restriction or limitation on quantities, rates, and/or
concentrations or any combination thereof, of physical, chemical or biological
parameters of effluent which a person or point source is allowed to discharge
into a body of water or land.
Environmental management - means the entire system which includes, but is not
limited to, conservation, regulation and minimization of pollution, clean
production, waste management, environmental law and policy, environmental
education and information, study and mitigation of the environmental impacts of
human activity, and environmental research.
Environmental management system means the part of the overall management
system that includes organizational structure, planning activities,
responsibilities, practices, procedures, processes and resources for developing,
implementing, achieving, reviewing and maintaining the environmental policy.
Freshwater means water containing less than 500 ppm dissolved common salt, sodium
chloride, such as that in groundwater, rivers, ponds and lakes.
Groundwater means a subsurface water that occurs beneath a water table in soils and
rocks, or in geological formations.
Groundwater vulnerability means relative ease with which a contaminant located at
or near the land surface can migrate to the aquifer or deep well.
Groundwater vulnerability map means the identified areas of the land surface where
groundwater quality is most at risk from human activities and shall reflect the
different degrees of groundwater vulnerability based on a range of soil
properties and hydro-geological criteria to serve as guide in the protection of the
groundwater from contamination.
Hazardous waste means any waste or combination of wastes of solid, liquid, contained
gaseous, or semi-solid form which cause, or contribute to, an increase in
mortality or an increase in serious irreversible, or incapacitating reversible
illness, taking into account toxicity of such waste, its persistence and
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degradability in nature, its potential for accumulation or concentration in tissue,
and other factors that may otherwise cause or contribute to adverse acute or
chronic effects on the health of persons or organism.
Industrial waste means any solid, semi-solid or liquid waste material with no
commercial value released by a manufacturing or processing plant other than
excluded material.
Margin means a landward and outer limiting edge adjacent to the border of any water
bodies or a limit beyond where saturation zone ceases to exist.
Non-point source means any source of pollution not identifiable as point source to
include, but not be limited to, runoff from irrigation or rainwater which picks up
pollutants from farms and urban areas.
Point source means any identifiable source of pollution with specific point of discharge
into a particular water body.
Potentially infectious medical waste includes isolation wastes, infectious agents,
human blood and blood products, pathological wastes, sharps, body parts,
contaminated bedding, surgical wastes, and other disposable medical equipment
and material that may pose a risk to the public health, welfare or the marine
environment.
Septage means the sludge produced on individual onsite waste water disposal systems,
principally septic tanks and cesspools.
Sewage means water-borne human or animal wastes, excluding oil or oil wastes,
removed from residences, buildings, institutions, industrial and commercial
establishments together with such groundwater, surface water and storm water
as maybe present including such waste from vessels, offshore structures, other
receptacles intended to receive or retain wastes, or other places or the
combination thereof.
Sewerage includes, but is not limited to, any system or network of pipelines, ditches,
channels, or conduits including pumping stations, lift stations and force mains,
service connections including other constructions, devices, and appliances
appurtenant thereto, which involves the collection, transport, pumping and
treatment of sewage to a point of disposal.
Sludge means any solid, semi-solid or liquid waste or residue generated from a
wastewater treatment plant, water supply treatment plant, or water control
pollution facility, or any other such waste having similar characteristics and
effects.
Surface water means all water which is open to the atmosphere and subject to surface
runoff.
Wastewater means waste in liquid state containing pollutants.
Water body means both natural and man-made bodies of fresh, brackish, and saline
waters, and includes, but is not limited to, aquifers, groundwater, springs, creeks,
streams, rivers, ponds, lagoons, water reservoirs, lakes, bays, estuarine, coastal
and marine waters. Water bodies do not refer to those constructed, developed
and used purposely as water treatment facilities and/or water storage for
recycling and re-use which are integral to process industry or manufacturing.
Water pollution means any alteration of the physical, chemical or biological or
radiological properties of a water body resulting in the impairment of its purity
or quality.
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Water quality means the characteristics of water which define its use in terms of
physical, chemical, biological, bacteriological or radiological characteristics by
which the acceptability of water is evaluated.
Clean Water Act
RA 9725 also known as Philippine Clean Water Act of 2004 was signed by
President Gloria Macapagal Arroyo on March 2, 2004. It is composed of 36 sections and
7 chapter of which entails all the rules and regulations of the act that primarily aims to
conserve, preserve, protect and revive the quality of water of our fresh, brackish and
marine waters for the benefit of our society. As such, these are the most notable sections
of the said act:
Section 2. Declaration of Policy
State shall pursue a policy of economic growth in a manner consistent with the
protection, preservation and revival of the quality of our fresh, brackish and marine
waters. To achieve this end, the framework for sustainable development shall be
pursued. As such, it shall be the policy of the State:
a. To streamline processes and procedures in the prevention, control and
abatement of pollution of the country’s water resources;
b. To promote environmental strategies, use of appropriate economic instruments
and of control mechanisms for the protection of water resources
c. To formulate a holistic national program of water quality management that
recognizes that water quality management issues cannot be separated from
concerns about water sources and ecological protection, water supply, public
health and quality of life;
d. To formulate an integrated water quality management framework through
proper delegation and effective coordination of functions and activities;
e. To promote commercial and industrial processes and products that are
environment friendly and energy efficient;
f. To encourage cooperation and self-regulation among citizens and industries
through the application of incentives and market-based instruments and to
promote the role of private industrial enterprises in shaping its regulatory profile
within the acceptable boundaries of public health and environment;
g. To provide for a comprehensive management program for water pollution
focusing on pollution prevention;
h. To promote public information and education and to encourage the participation
of an informed and active public in water quality management and monitoring;
i. To formulate and enforce a system of accountability for short and long-term
adverse environmental impact of a project, program or activity; and
j. To encourage civil society and other sectors, particularly labor, the academe and
business undertaking environment-related activities in their efforts to organize,
educate and motivate the people in addressing pertinent environmental issues
and problems at the local and national levels.
Section 3. Coverage of the Act
This Act shall apply to water quality management in all water bodies: Provided,
that it shall primarily apply to the abatement and control of pollution from land-based
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sources: Provided, further, that the water quality standards and regulations and the civil
liability and penal provisions under this Act shall be enforced irrespective of sources of
pollution.
Water Quality Management System
Section 5. Water Quality Management Area
The Department, in coordination with National Water Resources Board (NWRB),
shall designate certain areas as water quality management areas using appropriate
physiographic units such as watershed, river basins or water resources regions. Said
management areas shall have similar hydrological, hydrogeological, meteorological or
geographic conditions which affect the physicochemical, biological and bacteriological
reactions and diffusions of pollutants in the water bodies, or otherwise share common
interest or face similar development programs, prospects, or problems. Said
management area shall be governed by a governing board composed of representatives
of mayors and governors of member local government units (LGUs), and representatives
of relevant national government agencies, duly registered nongovernmental
organization, water utility sector, and business sector.
The Department representative shall chair the governing board. In the case of the
LGUs with memberships on more than one (1) management board, the LGU shall
designate only one (1) single representative for all the management areas where it is a
member. The governing board shall formulate strategies to coordinate policies
necessary for the effective implementation of this Act in accordance with those
established in the framework and monitor the compliance with the action plan. Each
management area shall create a multi-sectoral group to establish and effect water
quality surveillance and monitoring network including sampling schedules and other
similar activities. The group shall submit its report and recommendation to the
chairman of the governing board.
A technical secretariat for each management area is hereby created which shall
be part of the Department and shall provide technical support to the governing board.
They shall be composed of at least four (4) members who shall have the following
minimum qualifications:
a. One (1) member shall be a member of the Philippine Bar;
b. One (1) member shall be a Chemical Engineer, Chemist, Sanitary Engineer,
Environmental Engineer or Ecologist or have significant training and experience
in chemistry;
c. One (1) member shall be a Civil Engineer or Hydrologist or have significant
training and experience in closely related fields and mainly experience on ground
water, respectively; and
d. One (1) member shall be a Geologist or Biologist or have significant training and
experience in closely related fields.
The areas within the jurisdiction of the Laguna Lake Development Authority
(LLDA) shall be designated as one management area under the administration of LLDA
in accordance with Republic Act No. 4850, as amended: Provided, however, That the
standards promulgated pursuant to this Act and wastewater charge system established
pursuant hereof shall be enforced in said area.
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Section 6. Management of Non-attainment Areas
The Department shall designate water bodies, or portions thereof, where specific
pollutants from either natural or man-made source have already exceeded water quality
guidelines as non-attainment areas for the exceeded pollutants. It shall prepare and
implement a program that will not allow new sources of exceeded water pollutant in
non-attainment areas without a corresponding reduction in discharges from existing
sources:
Provided, that if the pollutant is naturally occurring, e.g. naturally high boron and
other elements in geothermal areas, discharge of such pollutant may be allowed:
Provided, further, That the effluent concentration of discharge shall not exceed the
naturally occurring level of such pollutant in the area.
Provided, finally, that the effluent concentration and volume of discharge shall
not adversely affect water supply, public health and ecological protection. The
Department shall, in coordination with NWRB, Department of Health (DOH),
Department of Agriculture (DA), governing board and other concerned government
agencies and private sectors shall take such measures as may be necessary to upgrade
the quality of such water in non-attainment areas to meet the standards under which it
has been classified.
Upgrading of water quality shall likewise include undertakings which shall
improve the water quality of a water body to a classification that will meet its projected
or potential use. The LGUs shall prepare and implement contingency plans and other
measures including relocation, whenever necessary, for the protection of health and
welfare of the residents within potentially affected areas.
Section 7. National Sewerage and Septage Management Program
The Department of Public Works and Highways (DPWH), through its relevant
attached agencies, in coordination with the Department, LGUs and other concerned
agencies, shall, as soon as possible, but in no case exceeding a period of twelve (12)
months from the effectivity of this Act, prepare a national program on sewerage and
septage management in connection with Section 8 hereof. Such program shall include a
priority listing of sewerage, septage and combined sewerage-septage projects for LGUs
based on population density and growth, degradation of water resources, topography,
geology, vegetation, programs/projects for the rehabilitation of existing facilities and
such other factors that the Secretary may deem relevant to the protection of water
quality. On the basis of such national listing, the national government may allot, on an
annual basis, funds for the construction and rehabilitation of required facilities.
Each LGU shall appropriate the necessary land, including the required rights-of
way/ road access to the land for the construction of the sewage and/or septage
treatment facilities. Each LGU may raise funds to subsidize necessary expenses for the
operation and maintenance of sewerage treatment or septage facility servicing their
area of jurisdiction through local property taxes and enforcement of a service fee system.
Section 8. Domestic Sewage Collection, Treatment and Disposal.
Within five (5) years following the effectivity of this Act, the agency vested to
provide water supply and sewerage facilities and/or concessionaires in Metro Manila
and other highly urbanized cities (HUCs) as defined in Republic Act No. 7160, in
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coordination with LGUs, shall be required to connect the existing sewage line found in
all subdivisions, condominiums, commercial centers, hotels, sports and recreational
facilities, hospitals, market places, public buildings, industrial complex and other similar
establishments including households to available sewerage system: Provided, That the
said connection shall be subject to sewerage services charge/fees in accordance with
existing laws, rules or regulations unless the sources had already utilized their own
sewerage system: Provided, further, That all sources of sewage and septage shall comply
with the requirements herein. In areas not considered as HUCs, the DPWH in
coordination with the Department, DOH and other concerned agencies, shall employ
septage or combined sewerage-septage management system.
For the purpose of this section, the DOH, in coordination with other government
agencies, shall formulate guidelines and standards for the collection, treatment and
disposal of sewage including guidelines for the establishment and operation of
centralized sewage treatment system.
Water Pollution Permits and Charges
Section 13. Wastewater Charge System
The Department shall implement a wastewater charge system in all management
areas including the Laguna Lake Region and Regional Industrial Centers through the
collection of wastewater charges/fees. The system shall be established on the basis of
payment to the government for discharging wastewater into the water bodies.
Wastewater charges shall be established taking into consideration the following:
a. To provide strong economic inducement for polluters to modify their production
or management processes or to invest in pollution control technology in order to
reduce the amount of water pollutants generated;
b. To cover the cost of administering water quality management or improvement
programs;
c. Reflect damages caused by water pollution on the surrounding environment,
including the cost of rehabilitation;
d. Type of pollutant;
e. Classification of the receiving water body; and
f. Other special attributes of the water body.
The fee shall be based on the net waste load depending on the wastewater charge
formula which shall be established with due public consultation within six (6) months
from the effectivity of this Act:
Provided, that net waste load shall refer to the difference of the initial waste load
of the abstracted water and the waste load of the final effluent discharge of an industry
Provided, further, that no net waste load shall be lower than the initial waste load.
Provided, finally, that wastewater charge system shall not apply to wastewater
from geothermal exploration. Industries whose water effluent are within standards
promulgated pursuant to this Act, shall only be charged with minimal reasonable
amount which shall be determined by the Department after due public consultation,
giving account to volumetric rate of discharge and the effluent concentration.
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Sections 14. Discharge Permits
The Department shall require owners or operators of facilities that discharge
regulated effluents pursuant to this Act to secure a permit to discharge. The discharge
permit shall be the legal authorization granted by the Department to discharge
wastewater.
Provided, that the discharge permit shall specify among others, the quantity and
quality of effluent that said facilities are allowed to discharge into a particular water
body, compliance schedule and monitoring requirement. As part of the permitting
procedure, the Department shall encourage the adoption of waste minimization and
waste treatment technologies when such technologies are deemed cost effective. The
Department shall also develop procedures to relate the current water quality guideline
or the projected water quality guideline of the receiving water body/ies with total
pollution loadings from various sources, so that effluent quotas can be properly
allocated in the discharge permits.
For industries without any discharge permit, they may be given a period of
twelve (12) months after the effectivity of the implementing rules and regulations
promulgated pursuant to this Act, to secure a discharge permit. Effluent trading may be
allowed per management area.
Section 16. Clean-Up Operations
Notwithstanding the provisions of Sections 15 and 26 hereof, any person who
causes pollution in or pollutes water bodies in excess of the applicable and prevailing
standards shall be responsible to contain, remove and clean-up any pollution incident at
his own expense to the extent that the same water bodies have been rendered unfit for
utilization and beneficial use.
Provided, that in the event emergency clean-up operations are necessary and the
polluter fails to immediately undertake the same, the Department, in coordination with
other government agencies concerned, shall conduct containment, removal and cleanup operations.
Expenses incurred in said operations shall be reimbursed by the persons found
to have caused such pollution upon proper administrative determination in accordance
with this Act. Reimbursements of the cost incurred shall be made to the Water Quality
Management Fund or to such other funds where said disbursements were sourced.
Section 17. Programmatic Environmental Impact Assessment
The Department shall implement programmatic compliance with the
environmental impact assessment system, as in the following types of development:
a. development consisting of a series of similar projects, or a project subdivided
into several phases and/or stages whether situated in a contiguous area or
geographically dispersed; and
b. development consisting of several components or a cluster of projects co-located
in an area such as an industrial estate, an export processing zone, or a
development zone identified in a local land
use plan.
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Programmatic compliance with the environmental impact assessment system
shall be guided by carrying capacity assessments determined from ecological profiles.
Ecological profiles shall identify environmental constraints and opportunities in
programmatic areas. Programmatic assessment shall also take into account cumulative
impacts and risks. Consistent with the provisions of the Local Government Code, the
Department may enter into agreement with LGUs to incorporate programmatic
environmental impact assessment into the preparation, updating or revision of local
land use plans and area development plans.
Section 18. Environmental Impact Assessment System Programmatic Compliance
with Water Quality Standards
The Department may allow each regional industrial center established pursuant
to Republic Act No. 7916 (PEZA law) to allocate effluent quotas to pollution sources
within its jurisdiction that qualify under an environmental impact assessment system
programmatic compliance program in accordance with Presidential Decree No. 1586
and its implementing rules and regulations.
Section 20. Role of Local Government Units (LGUs)
LGUs shall share the responsibility in the management and improvement of
water quality within their territorial jurisdictions. Each LGU shall within six (6) months
after the establishment of the water quality management area action plan prepare a
compliance scheme in accordance thereof, subject to review and approval of the
governing board.
Each LGU shall, through its Environment and Natural Resources Office (ENRO)
established in Republic Act No. 7160, have the following powers and functions:
a.
b.
c.
d.
Monitoring of water quality;
Emergency response;
Compliance with the framework of the Water Quality Management Action Plan;
To take active participation in all efforts concerning water quality protection and
rehabilitation; and
e. To coordinate with other government agencies and civil society and the
concerned sectors in the implementation of measures to prevent and control
water pollution:
Provided, however, that in provinces/cities/municipalities where there
are no environment and natural resources officers, the local executive concerned
may, with the approval of the Secretary of the DENR designate any of his official
and/or chief of office preferably the provincial, city or municipal
agriculturist, or any of his employee.
Provided, finally, that in case an employee is designated as such, he must
have sufficient experience in environmental and natural resources management,
conservation and utilization.
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Section 21. Business and Industry Role in Environmental Management
The Department and the LGUs, in coordination with the appropriate government
agencies, and in consultation with the business and industrial sectors including
chambers of commerce, shall formulate appropriate incentives for the adoption of
procedures that will preserve and protect our water bodies through the introduction of
innovative equipment and processes that reduce if not totally eliminate the discharge of
pollutants into our water bodies.
Civil Liability/Penal Provisions
Section 27. Prohibited Acts
The following acts are hereby prohibited:
a. Discharging, depositing or causing to be deposited material of any kind directly
or indirectly into the water bodies or along the margins of any surface water,
where, the same shall be liable to be washed into such surface water, either by
tide action or by storm, floods or otherwise, which could cause water pollution
or impede natural flow in the water body;
b. Discharging, injecting or allowing to seep into the soil or sub-soil any substance
in any form that would pollute groundwater. In the case of geothermal projects,
and subject to the approval of the Department, regulated discharge for shortterm activities (e.g. well testing, flushing, commissioning, venting) and deep reinjection of geothermal liquids may be allowed:
c.
d.
e.
f.
g.
h.
i.
j.
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 R. A. No.
6969, into water bodies or wherein the same shall be liable to be washed into
such surface, ground, coastal, and marine water;
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 for any violation of
any condition therein;
Noncompliance of the LGU with the Water Quality Framework and Management
Area Action Plan. In such a case, sanctions shall be imposed on the local
government officials concerned;
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k. Refusal to allow entry, inspection and monitoring by the Department in
accordance with this Act;
l. Refusal to allow access by the Department to relevant reports and records in
accordance with this Act;
m. Refusal or failure to submit reports whenever required by the Department in
accordance with this Act;
n. Refusal or failure to designate pollution control officers whenever required by
the Department in accordance with this Act; and
o. Directly using booster pumps in the distribution system or tampering with the
water supply in such a way as to alter or impair the water quality.
Section 28. Fines, Damages and Penalties
Unless otherwise provided herein, any person who commits any of the
prohibited acts provided in the immediately preceding section or violates any of the
provision of this Act or its implementing rules and regulations, shall be fined by the
Secretary, upon the recommendation of the PAB in the amount of not less than Ten
thousand pesos (P10,000.00) nor more than Two hundred thousand pesos
(P200,000.00) for every day of violation.
The fines herein prescribed shall be increased by ten percent (10%) every two
(2) years to compensate for inflation and to maintain the deterrent function of such
fines:
Provided, that the Secretary, upon recommendation of the PAB may order the
closure, suspension of development or construction, or cessation of operations or,
where appropriate disconnection of water supply, until such time that proper
environmental safeguards are put in place and/or compliance with this Act or its rules
and regulations are undertaken. This paragraph shall be without prejudice to the
issuance of an ex parte order for such closure, suspension of development or
construction, or cessation of operations during the pendency of the case.
Failure to undertake clean-up operations, willfully, or through gross negligence,
shall be punished by imprisonment of not less than two (2) years and not more than four
(4) years and a fine not less than Fifty thousand pesos (P50,000.00) and not more than
One hundred thousand pesos (P100,000.00) per day for each day of violation. Such
failure or refusal which results in serious injury or loss of life and/or irreversible water
contamination of surface, ground, coastal and marine water shall be punished with
imprisonment of not less than six (6) years and one (1) day and not more than twelve
(12) years, and a fine of Five hundred thousand pesos (P500,000.00) per day for each
day during which the omission and/or contamination continues.
In case of gross violation of this Act, the PAB shall issue a resolution
recommending that the proper government agencies file criminal charges against the
violators. Gross violation shall mean any of the following:
a. deliberate discharge of toxic pollutants identified pursuant to Republic Act No.
6969 in toxic amounts;
b. five (5) or more violations within a period of two (2) years; or
c. blatant disregard of the orders of the PAB, such as the non-payment of fines,
breaking of seals or operating despite the existence of an order for closure,
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discontinuance or cessation of operation. In which case, offenders shall be
punished with a fine of not less than Five hundred thousand pesos (P500,000.00)
but not more than Three million pesos (P3,000,000.00) per day for each day of
violation or imprisonment of not less than six (6) years bu not more than ten (10)
years, or both, at the discretion of the court.
If the offender is a juridical person, the president, manager and the pollution
control officer or the official in charge of the operation shall suffer the penalty
herein provided.
For violations falling under Section 4 of Presidential Decree No. 979 or any
regulations prescribed in pursuance thereof, such person shall be liable for a fine
of not less than Fifty thousand pesos (P50,000.00) nor more than One million
pesos (P1,000,000.00) or by imprisonment of not less than one (1) year nor more
than six (6) years or both, for each offense, without prejudice to the civil liability
of the offender in accordance with existing laws. If the offender is a juridical
entity, then its officers, directors, agents or any person primarily responsible
shall be held liable:
Provided, that any vessel from which oil or other harmful
substances are discharged in violation of Section 4 of Presidential Decree
No. 979 shall be liable for penalty of fine specified in the immediately
preceding paragraph and clearance of such vessel from the port of the
Philippines may be withheld until the fine is paid and such penalty shall
constitute a lien on such vessel which may be recovered in proceedings by
libel in rem in the proper court which the vessel may be. The owner or
operator of a vessel or facility which discharged the oil or other harmful
substances will be liable to pay for any clean-up costs.
Provided, finally, that water pollution cases involving acts or
omissions committed within the Laguna Lake Region shall be dealt with
in accordance with the procedure under Republic Act No. 4850 as
amended.
Section 29. Administrative Sanctions Against Non-compliance with the Water
Quality Management Area Action Plan.
Local government officials concerned shall be subject to administrative sanctions
in case of failure to comply with their action plan in accordance with the relevant
provisions of Republic Act No. 7160.
Water Quality Guidelines and General Effluent Standards for Water Environment
The water quality guidelines are applicable to all water bodies in the country
from freshwater, marine waters and ground water. These guidelines set by the DENR
will be used as the basis for classifying water bodies, determining trends and evaluation
of deterioration or enhancement in water quality, used as basis for taking positive
actions in preventing, controlling or abating water pollution, and shall be used in the
designation of the Water Quality Management Area.
On the other hand, the general effluent standards are applicable to all point
sources of pollution regardless of volume, discharge to receiving body of water or land
and be used regardless of the industry category. However, Effluent used for irrigation
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and agricultural purposes shall conform to the guideline set by the Department of
Agriculture for the safe reuse of wastewater for the purposes of irrigation another
agricultural Uses. The GES established the Significant Effluent Quality Parameters per
sector (industries) shall only be required to monitor effluent quality parameters
determined significant to them.
In consideration for establishments with influent BOD greater than or equal to
3000 mg/l, separate effluent standards were set but applicable only for establishments
discharging to Class S, Class D, Class SC and Class SD water bodies.
Water Body Classification and Usage of Freshwater
Classification
Class AA: Public Water
Supply Class I
Class A: Public Water
Supply Class II
Class B: Recreational
Water Class I
Class C
Class D
Indicated Beneficial Usage
Intended primarily for waters having watersheds, which
are uninhabited and/or otherwise declared as protected
areas, and which require only approved disinfection to
meet the latest PNSDW
Intended as sources of water supply that will requiring
conventional treatment (coagulation, sedimentation,
filtration and disinfection) in order to meet the PNSDW.
Intended for primary contact recreation (bathing,
swimming, etc.)
❖ Fishery water for the propagation and growth of
fish and other aquatic resources;
❖ Recreational Water Class II- For boating, fishing or
similar activities
❖ For agriculture, irrigation, and livestock watering
Navigable Waters
Water Quality Guidelines for Primary Parameters
Parameter
BOD
Chloride
Color
Dissolved Oxygen
Minimum
Fecal Coliform
Nitrate
Phosphate
Temperature
Total Suspended
Solids
Oil and Grease
Unit
mg/L
mg/L
TCU
mg/L
MPN/100 mL
mg/L
Mg/L
0C
mg/L
mg/L
AA
1
250
5
5
A
3
250
50
5
B
5
250
50
5
C
7
350
75
5
D
15
400
150
2
<1.1
7
<0.003
26-30
25
<1.1
7
0.5
26-30
50
100
7
0.5
25-31
65
200
7
0.5
25-32
80
400
15
5
26-30
110
<1
1
1
2
5
Water body Classification and Usage of Marine Waters
Classification
Class SA
Intended Beneficial Usage
❖ Protected Waters- Waters designated as national or local
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Class SB
Class SC
Class SD
marine parks, reserves, sanctuaries, and other areas
established by law (presidential Proclamation 1801 and
other existing laws) and/or declared as such by appropriate
government agency, LGUs, etc.
❖ Fishery Water Class I – Suitable for shellfish harvesting for
direct human consumption.
❖ Fishery Water Class II- Water suitable for commercial
propagation of shellfish and intended as spawning areas for
milkfish (Chanos chanos) and simmila species
❖ Tourism Zones – For ecotourism and recreational activities
❖ Recreational Water Class I – Intended for primary contact
recreation (bathing, swimming, skin diving, etc)
❖ Fishery Water Class III -(For the propagation and growth of
fish and other aquatic resources and intended for
Commercial and sustenance fishing
❖ Recreational water Class II- For boating, fishing, or similar
activities
❖ Marshy and /or mangrove areas declared as fish and wildlife
sanctuaries
Navigable Waters
Marine Water Quality Guidelines for Primary Parameters
Parameter
BOD
Chloride
Color
Dissolved Oxygen
Minimum
Fecal Coliform
Nitrate as NO3-N
pH Range
Phosphate
Temperature
Total Suspended
Solids
Oil and Grease
Unit
mg/L
mg/L
TCU
mg/L
SA
N/A
N/A
5
6
SB
N/A
N/A
50
6
SC
N/A
N/A
75
5
SD
N/A
N/A
150
2
MPN/100
mL
mg/L
<1.1
100
200
400
Mg/L
0C
mg/L
10
7-8.5
0.1
26-30
25
10
7-8.5
0.5
26-30
50
10
6.5-8.5
0.5
25-31
80
15
6-9
5
25-32
110
mg/L
1
2
3
5
Effluent Standards
Parameters
Ammonia as
NH3-N
BOD
COD
Color
Flouride
Unit
mg/L
AA
NDA
A
0.5
B
0.5
C
0.5
D
7.5
mg/L
mg/L
TCU
mg/L
NDA
NDA
NDA
NDA
20
60
100
2
30
60
100
2
50
100
150
2
120
200
300
4
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Nitrate as
NO3-N
pH
Phosphate
Surfactants
(MBAS)
Total
Suspended
Solids
Oil
and
Grease
mg/L
NDA
14
14
14
30
mg/L
mg/L
mg/L
NDA
NDA
NDA
6-9
1
2
6-9
1
3
6-9
1
15
5.5-9.5
10
30
mg/L
NDA
70
85
100
150
mg/L
NDA
5
5
5
15
Parameters
Ammonia as
NH3-N
BOD
COD
Color
Flouride
Nitrate
as
NO3-N
pH
Phosphate
Surfactants
(MBAS)
Total
Suspended
Solids
Oil
and
Grease
Unit
mg/L
SA
NDA
SB
0.5
SC
05
SD
7.5
mg/L
mg/L
TCU
mg/L
mg/L
NDA
NDA
NDA
NDA
NDA
30
2
100
3
20
100
20
150
3
20
150
80
300
6
30
mg/L
mg/L
mg/L
NDA
NDA
NDA
6.5-9
1
3
6.0-9
1
15
5.5-9.5
10
30
mg/L
NDA
70
100
150
mg/L
NDA
5
10
15
Self-Help: You can also refer to the sources below to help you
further understand the lesson:
Clean Water Act of the Philippines
Engineering Laws of the Philippines with RELATED Laws. 1981.Rex Bookstore
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Let’s Check
Research Assignment 1
Enumerate at least five most common health defects or diseases that can be acquire in
utilizing unclean water.
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Let’s Analyze
Research assignment 2
Discuss at least Five (5) pollution control devices that were used by the industries to
treat their wastewater effluent before it can be discharge to the environment specifically
to water bodies and describe its functionality.
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In a Nutshell
Discuss the processes in wastewater treatment and provide a process flow
diagram that will indicate the series of processes that is employed in treating the
wastewater effluent before it can be discharge to any water bodies.
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BO
BIG PICTURE IN FOCUS: ULOd. To understand the rules and regulations
of RA 6969 and its penalties and sanctions pertaining if a
violation is committed.
Metalanguage
Below are the essential terms that you are going to encounter in the pursuit of
understanding the implementing rules and regulations of RA 6969 and its penalties and
sanctions pertaining if a violation is committed. You are strongly advised to frequently
refer to these definitions to help you understand the succeeding discussions.
Essential Knowledge
To perform the aforesaid big picture (unit learning outcomes), you need to
understand the necessary rules and regulation that are in need to be followed by every
personnel to have a clean, sustainable and free from risks and hazards from toxic
hazardous substances generated by our community in the Philippines will be laid down
in the succeeding pages. Please note that you are not limited to exclusively refer
to these resources. Thus, you are expected to utilize other books, research articles and
other resources that are available in the university’s library e.g. ebrary,
search.proquest.com etc.
CAS means Chemical Abstracts Service, a uniquely identifying number of adopted
internationally which permits one to generate toxicological information from a
computer base.
Chemical Substance means any organic or inorganic substance of a particular
molecular identity excluding radioactive materials and includes – any element or
uncombined chemical; and any combination of such substances; or any mixture
of two or more chemical substances.
Chemical mixture means any combination of two or more chemical substances if the
combination does not occur in nature and is not, in whole or in the past, the result
of chemical reaction, if none of the chemical substances and if the combination
could have been manufactured for commercial purposes without a chemical
reaction at the time the chemical substances comprising the combination were
combined. This shall include nonbiodegradable mixtures.
Environmental Protection Officer means an officer appointed or deputized by the
Secretary to execute the provisions of these Rules and Regulations subject to
conditions, limitations or restrictions as prescribed by the Secretary.
Hazardous substances are substances which present either:
➢ short-term acute hazards such as acute toxicity by ingestion, inhalation or skin
absorption, corrosivity or other skin or eye contact hazard or the risk of fire or
explosion;
➢ long-term environmental hazards, including chronic toxicity upon repeated
exposure, carcinogenicity (which may in some case result from acute exposure
but with a long latent period, resistance to detoxification process such as
biodegradation, the potential to pollute underground or surface waters, or
aesthetically objectionable properties such as offensive odors.
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Hazardous wastes are substances that are without any safe commercial, industrial,
agricultural or economic usage and are shipped, transported or brought from the
country of origin for dumping or disposal into or in transit through any part of
the territory of the Philippines.
Hazardous wastes shall also refer to by-products , side-products, process residues,
spent reaction media, contaminated plant or equipment or other substances from
manufacturing operations and as consumer discards of manufactured products
which present unreasonable risk and/or injury to health and safety and to the
environment.
Importation means the entry of a product or substance into the Philippines (through
the seaports or airports of entry) after having been properly cleared through or
still remaining under customs control, the product or substance of which is
intended for direct consumption, merchandising, warehousing, for further
processing.
Inert waste means any waste that, when placed in a landfill is reasonably expected not
to undergo any physical, chemical, and/or biological changes to such an extent as
to cause pollution or hazard to public health and safety.
New Chemicals means any chemical substance imported into or manufactured in the
country after December 31, 1993 and which are not included in the Philippine
Inventory of Chemicals and Chemical Substances as published by the
Department.
Nuclear wastes are hazardous wastes made radioactive by exposure to the radiation
incidental to the production or utilization of nuclear fuels but does not include
nuclear fuel, or radioisotopes which have reached the final stage of fabrication so
as to be usable for any scientific, medical, agricultural, commercial, or industrial
purpose.
Manufacture means the mechanical or chemical transformation of substances into new
products whether work is performed by power-driven machines or by hand,
whether it is done in a factory or in the worker’s home, and whether the products
are sold at wholesale or retail.
Occupier is one who must have a license to accept, produce, generate, store, treat,
recycle, reprocess, process, manufacture or dispose of hazardous waste.
Permit means a legal authorization to engage in or conduct any or all of the following
activities for:
➢ Toxic chemicals – importation, storage, manufacture, processing, selling,
transport and disposal
➢ Hazardous wastes – storage, treatment, transport, export, processing,
reprocessing, recycling and disposal
➢ Hazardous materials – importation or exportation
Waste generator means a person who generates or produces, through any commercial,
industrial or trade activities, hazardous wastes.
Waste transporter means a person who is licensed to treat, store, recycle, or dispose of
hazardous wastes.
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Waste treater means a person who is licensed to treat, store, recycle, or dispose of
hazardous wastes.
Unreasonable risk means expected high frequency of undesirable effects or adverse
responses arising from a given exposure to a substance.
Toxic Substances and Hazardous and Nuclear Wastes Control Act of
1990
Republic Act 6969 (RA 6969) also known as the Toxic Substances and Hazardous
And Nuclear Waste Control Act of 1990 was signed by President Corazon Aquino on
October 26, 1990 which aims 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; to
prohibit the entry, even in transit, of hazardous and nuclear wastes and their disposal
into the Philippine territorial limits for whatever purpose; and to provide advancement
and facilitate research and studies on toxic chemicals. It is composed of twenty (20)
sections and a forty-eight (48) sections compromising the implementing rules and
regulations of the Act provided by the Department of Environmental and Natural
Resources. The most notable sections of the act are the following:
Section 3. Scope
This Act shall cover the importation, manufacture, processing, handling, storage,
transportation, sale, distribution, use and disposal of all unregulated chemical
substances and mixtures in the Philippines, including the entry even in transit, as well
as the keeping or storage and disposal of hazardous and nuclear wastes into the country
for whatever purposes.
Section 4. Objectives
The Objectives of this Act are:
a. To keep an inventory of chemicals that are presently being imported,
manufactured, or used; indicating, among others, their existing and possible uses,
test data, names of firms manufacturing or using them, and such other
information as may be considered relevant to the protection of health and the
environment;
b. To monitor and regulate the importation, manufacture, processing, handling,
storage, transportation, sale, distribution, use and disposal of chemical
substances and mixtures that present unreasonable risk or injury to health or to
the environment in accordance with national policies and international
commitments;
c. To inform and educate the populace regarding the hazards and risks attendant to
the manufacture, handling, storage, transportation, processing, distribution, use
and disposal of toxic chemicals and other substances and mixtures; and
d. To prevent the entry, even in transit, as well as the keeping or storage and
disposal of hazardous and nuclear wastes into the country for whatever purpose.
Section 6. Functions, Powers and Responsibilities of the Department of
Environment and Natural Resources
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The Department of Environment and Natural Resources shall be the
implementing agency tasked with the following functions, powers, and responsibilities:
a. To keep an updated, inventory of chemicals that are presently being
manufactured or used, indicating, among others, their existing and possible uses,
quantity, test data, names of firms manufacturing or using them, and such other
information as the Secretary may consider relevant to the protection of health
and the environment;
b. To require chemical substances and mixtures that present unreasonable risk or
injury to health or to the environment to be tested before they are manufactured
or imported for the first time;
c. To require chemical substances and mixtures which are presently being
manufactured or processed to be tested if there is a reason to believe that they
pose unreasonable risk or injury to health and the environment;
d. To evaluate the characteristics of chemicals that have been tested to determine
their toxicity and the extent to their effects on health and the environment;
e. To enter into contracts and make grants for research, development, and
monitoring of chemical substances and mixtures;
f. To conduct inspection of any establishment in which chemicals are
manufactured, processed, stored or held before or after their commercial
distribution and to make recommendations to the proper authorities concerned;
g. To confiscate or impound chemicals found not falling within the standard set by
the rules and regulations and the said acts cannot be enjoined except after the
chemicals have been impounded;
h. To monitor and prevent the entry, even in transit, of hazardous and nuclear
wastes and their disposal into the country;
i. To subpoena witnesses and documents and to require other information if
necessary to carry out the provisions of this Act;
j. To call on any department, bureau, office, agency, state university or college, and
other instrumentalities of the Government for assistance in the form of
personnel, facilities, and other resources as the need arises in the discharge of its
functions;
k. To disseminate information and conduct educational awareness campaign on the
effects of chemical substances, mixtures and wastes on health and environment;
and
l. To exercise such powers and perform such other functions as may be necessary
to carry out its duties and responsibilities under this Act.
Section 7. Inter-agency Technical Advisory Council
There is hereby created an Interagency Technical Advisory Council attached to
the Department of Environment and Natural Resources which shall be composed of the
following officials or their duly authorized representatives:
Secretary of Environment and Natural
Resources
Secretary of Health
Director of the Philippine Nuclear Research
Institute
Secretary of Trade and Industry
Secretary of Science and Technology
Chairman
Member
Member
Member
Member
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Member
Member
Member
Member
Member
Secretary of National Defense
Secretary of Foreign Affairs
Secretary of Labor and Employment
Secretary of Finance
Secretary of Agriculture
Representative from the non-governmental
Organization on health and safety
Member
The representative from the non-governmental organization shall be appointed
by the President for a term of three (3) years. The council shall have the following
functions:
a. To assist the Department of Environment and Natural Resources in the
formulation of the pertinent rules and regulations for the effective
implementation of this Act;
b. To assist the Department of Environment and Natural Resources in the
preparation and updating of the inventory of chemical substances and mixtures
that fall within the coverage of this Act;
c. To conduct preliminary evaluation of the characteristics of chemical substances
and mixtures to determine their toxicity and effects on health and the
environment and make the necessary recommendations to the Department of
Environment and Natural Resources; and To perform such other functions as the
Secretary of Environment and Natural Resources may from time to time, require.
Functions of the Council
The Council shall have the following functions:
a. To assist the Department in the formulation of these rules and regulations for the
effective implementation of RA 6969;
b. To assist the Department in the preparation and updating of the inventory of
chemical substances and mixtures that fall within the coverage of RA 6969;
c. To conduct preliminary evaluation of the characteristics of chemical substance
and mixtures to determine their toxicity and effects on health and the
environment and make the necessary recommendations to the Department; and
d. To perform such other functions as the Secretary may, from time to time, require.
As implemented by this act, the following are the responsibilities and functions
of the Secretary of the Department of Environmental and Natural Resources and the
Environmental Protection Officer stated by the Implementing Rules and Regulations of
the Act.
Delegation of Powers and Functions of the Secretary
1. The Secretary may appoint and/or deputize officers subject to conditions,
limitations or restrictions as may be prescribed by him.
2. The Secretary may delegate his powers to:
a. conduct inspection of any establishment in which chemicals are
manufactured, processed, stored or held before or after their commercial
distribution and to make recommendations to the proper authorities
concerned;
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b. conduct inspection of any premises in which hazardous wastes are being
generated, stored, processed, reprocessed, recycled, treated and/or
disposed of and to make recommendations to the proper authorities;
c. stop, detain, inspect, examine and remove to some suitable place for
inspection and examination any vehicle or boat that is believed to being
or likely to be used for the transport of chemical substances and
hazardous and nuclear wastes subject to pertinent provisions of these
Rules and Regulations;
d. monitor and prevent the entry, even in transit, of hazardous and nuclear
wastes and their disposal into the country;
e. subpoena witnesses and documents and to require other information if
necessary to carry out the provisions of these Rules and Regulations.
3. The Secretary may, by notice, amend or revoke the:
a. delegated authorities previously granted under Section 8(2) of these
Rules and Regulations;
b. appointed of an Environmental Protection Officer.
Duties and Responsibilities of an Environmental Protection Officer
An Environmental Protection Officer shall have the following duties and
responsibilities:
a. To make such examination or inquiry as is necessary to determine whether these
Rules and Regulations are being complied with.
b. To enter any premises in which he reasonably believes that chemical substance
or hazardous waste are being used, manufactured, stored, processed,
reprocessed, generated, treated, transported or disposed of and may –
i. without payment take or require the occupier or person in charge of the
premises or person in possession of any chemical substance to give the
Environmental Protection Officer samples of the chemical substance for
examination and testing subject to pertinent provisions of these Rules and
Regulations.
ii. require the production of any relevant documents and inspect, examine
and make copies of or extracts from them or remove them to make a copy
of extract; and
iii. take such photographs or audio or visual recordings as he considers
necessary.
c. To stop, detain, inspect, examine and remove to some suitable place for
inspection and examination any vehicle or boat that he believes is being or likely
to be used for the transport of chemical substances and hazardous wastes
without the necessary permit from the Department.
d. To require a person found committing an offense under these Rules and
Regulations to state the person’s full name and address.
e. To exercise such other duties and responsibilities as may be authorized by the
Secretary.
Section 8. Pre-Manufacturing and Pre-Importation Requirements
Before any new chemical substances or mixture can be manufactured, processed
or imported for the first time as determined by the Department of Environment and
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Natural Resources, the manufacturer, processor or importer shall submit the following
information: the name of the chemical substances; its chemical identity and molecular
structure; proposed categories of use; an estimate of the amount to be manufactured,
processed or imported; processing and disposal thereof; and any test data related to
health and environmental effects which the manufacturer, processor or importer has.
In the Implementing Rules and Regulations of this Act, the requirements for PreManufacturing and Pre-Importation were discussed thoroughly. As such, the following
are the rules and regulation that a member of the society must follow in complying the
set of requirements set by the DENR:
a.
b.
c.
d.
e.
f.
g.
h.
i.
j.
k.
l.
m.
n.
o.
p.
q.
r.
its proper chemical name;
its trade name or names;
its chemical and molecular structure;
its CAS number;
its RTECS number (if available)
its United Nations number (if applicable)
its United Nations class and subsidiary risk category (if applicable);
the following physical characteristics (if applicable) –
i. boiling point;
ii. melting point;
iii. specific gravity;
iv. vapor pressure;
v. appearance;
vi. odor;
vii. purity; and
viii. water/octanol partition coefficient;
the following chemical properties (if applicable)
i. solubility in water; and
ii. solubility in an organic solvent;
the following toxicological data (if applicable) –
i. measured lethal dose (median) in two species;
ii. measured lethal concentration (median) in two species;
iii. results of an irritation test on the skin and eyes of species;
iv. results of a short-term sub-lethal toxicity test on one species
any recommended time weighted exposure average (eight hour working
day);
its flash point measured under close cup conditions;
its upper and lower explosive limits (if applicable);
its known stability and incompatibilities;
its carcinogenic, teratogenic and mutagenic properties;
the name and address of the nominating person; and
the anticipated volume in cubic meters or weight in tones, per annum of
the chemical substance being used, stored, manufactured, processed,
offered for
sale or sold, transported, imported and exported by the nominating
person.
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The documents containing the above information shall be considered as public
document.
Nomination of Existing Chemicals
Until 31 December 1993, a person shall submit to the Department for inclusion
in the Philippine Inventory of Chemicals and Chemical Substances, a list of chemical
substances which are currently used, sold, distributed, imported, processed,
manufactured, stored, exported or transported in the Philippines in a form as may be
provided by the Department.
The person who nominates a chemical substance shall provide as much
information as outlined in Section 15 of these Rules and Regulations and that such
nomination shall contain the following minimum data:
a.
b.
c.
d.
e.
chemical names
trade name or names
chemical structure
CAS number
anticipated volume in cubic meters, or weight in tones per annum of
chemicals being nominated
f. name and address of nominating person.
Chemical substances in the chemical inventory shall be regarded by the
Department as existing chemical substances and, therefore, exempted from the
provisions of Section 17. The Department shall not accept any further nominations of
chemical substances under this section after 31 December 1993.
Notification of New Chemicals
After 31 December 1993, a chemical substance which is not included in the
chemical inventory shall be considered as new chemical substance. Unless exempted,
any person who uses, stores, imports, manufactures, transports or processes a chemical
substance after 31 December 1993 which is not listed in the chemical inventory shall be
liable for violation of Section 16 of these Rules and Regulations and shall be dealt with
subject to the provisions of Section 15 of RA 6969.
No person shall use, store, transport, import, sell, distribute, manufacture, or
process a new chemical substance unless permitted by the Department. Permit shall be
granted under the following conditions:
a. The Department must be notified of the intention to do so at least
one hundred and eighty (180) days before commencing such
activity; and
b. The Department shall be provided with such information as
outlined in Section 15
The notification must be made in accordance with a form and in a manner
prescribed by the Department and accompanied with the payment of the prescribed fee.
The notification which does not comply with the requirement of Section 17(3) will not
be acted and/or accepted.
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The Department shall have the discretion not to include the new chemical
substance in the chemical inventory if the information provided to the Department by
the person does not fully comply with the requirements of Section 15 or the Department
suspects that the data are of dubious quality.
Any person who falsifies information on a chemical substance while nominating an
existing or new chemical substance shall be criminally liable.
Assessment of Chemicals
Upon notification of a new chemical substance under Section 17 of these Rules
and Regulations, the Department shall within ninety (90) days determine whether –
a. to add the chemical substance to the chemical inventory;
b. to seek further information to any person for the purpose of assessing
public health and environmental risk posed by the use, storage,
manufacture, import, process or transport of the chemical substance or;
c. to issue Chemical Control Order in accordance to Section 20 of these Rules
and Regulations.
The Department shall notify the applicant in writing of its decision.
Priority Chemical List
1. The Department shall compile and may amend from time to time a list to
be known as the Priority Chemicals List.
2. The Department may determine which chemical substance from the
chemical inventory should be included, deleted, or excluded from the
Priority Chemicals List.
3. The Department shall publish in the Official Gazette or newspaper of
general circulation the Priority Chemicals List and any amendments and
deletions to the List.
4. The Department may require information from any person for the
purpose of assessing the public and environmental risk posed by the use,
storage, manufacture, import, process or transport of the priority
chemicals.
Chemical Control Orders
If the Department has determined that the use, storage, transport, process,
manufacture, import or export of any new substance or a priority chemical poses an
unreasonable risk or hazard to public health or the environment, the Department, may,
by order published in the Official Gazette or any newspaper or general circulation:
a. prohibit the use, manufacture, import, export, transport, process, storage,
possession or sale of the chemical substance;
b. limit the use, manufacture , import, export, transport, process, storage,
possession or sale of the chemical substances; or
c. place such controls or conditions on the use, manufacture, import, export,
transport, process, storage, possession or sale of the chemical substance to
abate or minimize risks or hazards posed by the chemical substances on
public health and environment.
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An order issued by the Department under Section 20(1) shall be known as
Chemical Control Order.
Section 9. Chemicals Subject to Testing
Testing shall be required in all cases where:
a. There is a reason to believe that the chemical substances or mixture may present
an unreasonable risk to health or environmental exposure thereto;
b. There are insufficient data and experience for determining or predicting the
health and environmental effects of the chemical substance or mixture; and
c. The testing of the chemical substance or mixture is necessary to develop such
data.
The manufacturers, processors or importers shall shoulder the costs of testing
the chemical substance or mixture that will be manufactured, processed or imported.
Exemptions
Though all chemicals must undergo the following requirements stated above,
there are substances and mixtures that are exempted from these requirements, these
are chemicals that belongs to the following classifications;
1. Those chemicals already included in the Philippine Inventory of Chemicals and
Chemical Substances;
2. Those to be produced or used in small quantities solely for experimental or
research and development purposes;
3. Those that are reaction intermediates which do not leave the closed production
system or undergo intermediate storage during the reaction process;
4. Those chemical substances that are regulated by laws other than RA 6969.
Confiscation
The Secretary or his duly authorized representative may cause the impoundment
or confiscation of any chemical substance and its conveyance and container if there is
reasonable grounds to believe that:
a. the sale, storage, possession, use, manufacture, transport, import, or export for a
chemical substance does not comply with the Chemical Control Order; or
b. the sale, storage, possession, use, manufacture, transport, import or export of
chemical substance poses an immediate threat or hazard to public health and
safety or the environment.
Any costs incurred by the Department under Section 23(1) shall be reimbursed
by the occupier of the premises from which the Environmental Protection Officer
impounded or confiscated the chemical substance.
Hazardous and Nuclear Wastes
Under the Implementing Rules and Regulations of this Act, the Department can
prohibit the entry even in transit of hazardous wastes and their disposal into the
Philippine territorial limits for whatever purpose and encourages proper management
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of hazardous wastes generated within the country by promoting, in order of preference
by minimization of the generation of hazardous waste, recycling and reusing of
hazardous waste, providing adequate treatment of hazardous waste to render it
harmless and to provide a landfill of inert hazardous waste residues. In addition, the
hazardous waste shall be managed in such a manner as not to cause or potentially cause
pollution, state of danger to public health, welfare and safety, harm to animals, bird,
wildlife, fish or other aquatic life, harm to plants and vegetation or limitation in the
beneficial use of a segment of the environment. In addition, the waste generator shall be
responsible for the proper management and disposal of the hazardous waste and shall
bear the costs for the proper storage, treatment and disposal of their hazardous waste.
Classification of Hazardous Waste
These are the classification of hazardous waste stated by the Act:
Prescribed Hazardous Wastes
Class
Sub-category
Plating Waste
Discarded plating solutions and salts with a cyanide
concentration of less than 200 ppm.
Acid Waste
Alkali Wastes
Waste
Number
A101
Discarded heat treatment solutions and salts with a
cyanide concentration of less than 200 ppm.
A102
Plating solutions and salts containing cyanides at a
concentration exceeding 200 ppm.
A103
Heat treatment solutions and salts containing
cyanides at a concentration exceeding 200 ppm.
A104
Complexed cyanide solutions and salts
A105
Other cyanide wastes arising from the plating and
heat treatment industries.
Sulfuric Acid
Hydrochloric Acid
Nitric Acid
Phosphoric Acid
Hydrofluoric Acid
Mixture of Sulfuric and
Hydrochloric Acid
Other inorganic acids
Organic acids
Other mixed acids
A199
Caustic soda
Potash
Alkaline cleaners
Ammonium Hydroxide
Lime slurries
Lime-neutralized metal sludges
Other alkaline materials
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B202
B203
B204
B205
B206
B207
B208
B299
C301
C302
C303
C304
C305
C306
C399
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Inorganic
Chemical
Wastes
Reactive
Chemical
Wastes
Nontoxic salts
Arsenic and its compound
Boron compounds
Cadmium and its compounds
Chromium compounds
Lead compounds
Mercury and mercuric compounds
Other salts and complexes
Oxidizing agents
Reducing agents
Explosive and unstable chemicals
Highly reactive chemicals
Aqueous-based
Solvent-based
Other mixed
Paints
Resins
Latices/inks
Dyes/Adhesives/
Organic
Sludges
Organic
Flash point>61 0C
Solvents
Flash point <61 0C
Chlorinated solvents and Residues
Putrescible/
Animal/abattoir wastes
Organic
Grease trap wastes from industrial or
Wastes
Commercial premises
Others
Textile
Tannery wastes
Other textile wastes
Oil
Waste oils
Interceptor sludges
Vegetable oils
Waste tallow
Oil/water mixtures
Containers
Portable containers previously containing toxic
chemical substances
Immobilized
Solidified and polymerized wastes
Wastes
Chemically fixed wastes
Encapsulated Wastes
Organic
Aliphatics
Chemicals
Aromatics and phenolics
Highly odorous
Surfactants and detergents
Halogenated solvents
Polychlorinated biphenyls and related materials
Other organic chemicals
Miscellaneous
Pathogenic or infectious wastes
Wastes
Asbestos wastes
Pharmaceuticals wastes and drugs
Pesticides
Exempted Wastes
❖ Garbage from domestic premises and households.
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D401
D402
D403
D404
D405
D406
D407
D499
D501
D502
D503
D599
E601
E202
E699
F701
F702
F703
G801
G802
G899
H901
H999
I101
I102
I103
I104
I105
J201
K301
K302
K303
L401
L402
L403
L404
L405
L406
L499
M501
M502
M503
M504
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❖ Industrial and commercial wastewaters which are disposed of on-site through
the sewage system.
❖ Industrial and commercial solid wastes which do not contain prescribed
hazardous wastes as identified in Table shown above.
❖ Materials from building demolition except asbestos.
❖ Septic tank effluents and associated sullage wastewaters.
❖ Untreated spoils from mining, quarrying and excavation works but not materials
in the nature of tailings, commercially treated materials and mine facility
consumables.
Waste Generators
1. All waste generators shall:
a. notify the Department of the type and quantity of wastes generated in
accordance with the form and in a manner approved by the Department
and accompanied by a payment of the prescribed fee; and
b. provide the Department, on a quarterly basis, with information to include
the type and quantity of hazardous waste generated, produced or
transported outside, and such other information as may be required.
2. A waste generator shall continue to own and be responsible for the hazardous
waste generated or produced in the premises until the hazardous waste has been
certified by the waste treater as had been treated, recycled, reprocessed or
disposed of.
3. A waste generator shall prepare and submit to the Department comprehensive
emergency contingency plans to mitigate and combat spills and accidents
involving chemical substances and/or hazardous waste. These plans shall
conform with the content of the guidelines issued by the Department.
4. A waste generator shall be responsible for training its personnel and staff on the
a. implementation of the plan required under Section 26(3); and
b. the hazard posed by the improper handling, storage, transport, and use of
chemical substances and their containers.
Waste Transporter
1. No transport of hazardous waste shall be allowed unless prior permit is secured
from the Department.
2. Any application for the issuance or amendment of a permit to transport
hazardous waste shall be made in accordance with the form and in a manner
approved by the Department and accompanied by a payment of the prescribed
fee.
3. The Department shall maintain a register of waste transporters.
4. A waste generator shall only use waste transporters duly authorized by the
Department to transport hazardous wastes.
Waste Transport Record
1. A waste transport record shall be in a form prescribed by the Department and
shall contain the following particulars –
a. the name and address of the waste generator;
b. the name of the waste transporter used to transport a load of hazardous
wastes;
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c. the registration number of the waste transport vehicle;
d. the waste treatment license of the waste transporter;
e. the description of the hazardous waste transporter including its class and
subcategories as stated in Table shown above;
f. the quantity of the hazardous waste transported;
g. the type of container used during the transport;
h. the name and address of transit points and the final destination of the
hazardous waste; and
i. the intended method of hazardous waste treatment, storage, export,
recycling, processing, reprocessing or disposal at the destination.
2. Prior to the transport of hazardous wastes, the waste generator shall complete,
in duplicate, portions that refer to the waste generator in the prescribed form
and shall submit the same to the Department accompanied by payment of the
prescribed fee.
3. The waste generator shall retain and store a copy of the waste transport record
for a period of twenty-four (24) months from the date of receipt of the
Department.
4. Prior to the transport of the hazardous waste, the waste transporter shall
complete, in duplicate, portions referring to the waste transporter in the
prescribed form.
5. The waste transporter shall place a copy of the waste transport record in the
driver’s cabin of the waste transport vehicle.
6. Upon arrival at the waste treatment, storage, recycling, reprocessing, processing
or disposal premises, the waste transporter shall give a copy of the waste
transport record to the waste treater.
7. Upon receiving a waste transport record, the waste treater shall:
a. verify the accuracy of the waste description of the hazardous waste;
b. complete portions of the waste treater on the waste transport record; and
c. retain and store the complete waste transport record for a period of
twenty-four months after receipt of the hazardous waste.
8. If the hazardous waste data is inaccurate the waste treater shall immediately
inform the waste generator of such inaccuracy within a reasonable period of
time. The waste treater shall have the right to deny acceptance of such hazardous
waste if such acceptance may cause any danger of hazard in the operation of its
premises;
9. If the hazardous waste is accepted by the waste treater for treatment, storage,
export, recycling, reprocessing, processing or disposal, the waste treater shall
certify in writing, the acceptance of the hazardous waste to the waste generator.
10. The waste treater shall send to the Department within five (5) days, the
certification required under Section 28(9) copy furnished the waste generator.
11. Any waste transporter while transporting hazardous waste is involved in an
accident which results in the spillage or release of the hazardous waste to the
environment shall immediately contain the spillage and notify the Department.
Hazardous Waste Storage and Labeling
1. Vessels, containers and tanks for the storage of hazardous waste shall be clearly
labeled and this labeling shall comprise the following particulars –
a. the class of the hazardous waste as specified in Table shown above;
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b. the sub-category of the hazardous waste as specified in Table shown
above;
c. the waste number as specified in Table shown above;
d. the name and address of the waste generator; and
e. the maximum capacity of volume
2. The labeling of the vessels, containers and tanks specified in Section 29(1) shall
be conspicuously marked in paint, decals or other permanent form of markings.
Waste Treatment and Disposal Premises
No waste treater shall accept, store, treat, recycle, reprocess or dispose of
hazardous wastes unless done in the premises as prescribed in Table 3 and permitted
by the Department.
Category
A
B
C
D
E
F
Description
Premises that conduct on-site disposal of hazardous wastes generated
or produced at the premises through industrial or commercial
processes and activities other than disposal via sewer.
Commercial or industrial hazardous waste incinerators.
Landfills, dumps or tips that accept hazardous waste for disposal
Premises that recycle or reprocess hazardous waste which were not
generated or produced at that premise.
Premises that immobilize, encapsulate, polymerize or treat hazardous
wastes which were not generated or produced at that premise.
Premises that store hazardous wastes, which were not generated or
produced at that premise for periods exceeding thirty (30) days.
An application for issuance or amendment of a permit under this section shall be
made in accordance with a form and in a manner approved by the Department
accompanied with the payment of the prescribed fee and accompanied by such plans,
specifications and other information and a summary thereof as may be required by the
Department. The Department shall maintain a register of waste treaters.
Import and Export of Hazardous Substances
1. Any person who wishes to import into the Philippines or export hazardous
substances must seek and obtain prior written approval from the Department.
2. An application made under Section 31(1) shall be made in the form and manner
approved by the Department and accompanied by payment of the prescribed fee.
3. The Department shall cause the seizure of the imported hazardous substances
which does not comply with the approved permit, return the hazardous
substance to their point of origin and initiate proceedings to recover cost
incurred.
Nuclear Waste
The policy regarding the handling of nuclear waste are the following:
1. It shall be the policy of the government to prohibit the entry, even in transit, of
nuclear waste and their storage or disposal into the Philippine territorial limits
for whatever purpose.
2. The Philippine Nuclear Research Institute (PNRI) shall be the government agency
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responsible for the regulation and licensing of nuclear facilities and radioactive
material pursuant to the provisions of R.A. 2067, the Science Act 56 of 1958, and
R.A. 5207, the Atomic Energy Regulatory and Liability Act of 1968, both as
amended. Radioactive material as defined in the laws include radioactive
products or wastes.
Specific Exemption
a. The following are exempt from the requirements of these regulations:
a. Any holder of a valid PNRI license authorized to operate a
nuclear power plant or atomic energy facility, who, in the
course of operating his licensed facility, transports spent
nuclear fuel for reprocessing in a foreign country and reacquires the by-products of reprocessing, including its nuclear
wastes for storage in his facility.
b. States which are signatories to the Basel Convention and
countries with bilateral agreements with the Philippines that
would allow the passage or transit shipment of nuclear waste
over Philippine territorial limit. Prior informed arrangements
and notification schedules shall have been made through
proper Philippine authorities including the DENR and the PNRI.
b. The DENR and the PNRI shall exercise their rights to monitor and
inspect such shipments for the protection of the public and the
national interest.
Abandoned or Unclaimed Nuclear Waste
Nuclear wastes which are unclaimed or abandoned, and whose legal
ownership cannot be ascertained, shall be subject to the regulations of the PNRI
on the management and disposal of nuclear wastes.
Scrap Metal That May Contain Radioactive Materials
1. Any importer of scrap metal intended for domestic reprocessing shall
certify to the DENR that the scrap metal he is importing does not
contain radioactive material in any form, shape or containment.
2. Scrap metal that may contain radioisotopes of the elements Cesium,
Cobalt, Americium, Strontium, or as may be determined by the PNRI
shall not be processed for the fabrication of metal bars or components.
Section 13. Prohibited Acts
The following acts and omissions shall be considered unlawful:
a. Knowingly use in chemical substance or mixture which is imported,
manufactured, processed or distributed in violation of this Act or
implementing rules and regulations or orders;
b. Failure or refusal to submit reports, notices or on the information, access
to records as required by this Act, or permit inspection of establishment
where chemicals are manufactured, processed, stored or otherwise held;
c. Failure or refusal to comply with the pre-manufacture and preimportation requirements; and
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d. 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 by means of land, air or sea transportation or
otherwise keeping in storage any amount of hazardous and nuclear
wastes in any part of the Philippines.
Section 14. Criminal Offenses and Penalties
a. The penalty of imprisonment of six (6) months and one day to six (6) years
and one day and a fine ranging from Six hundred pesos (Php600.00) to
Four thousand pesos (PhP4,000.00) shall be imposed upon any person
who shall violate section 13(a) to (c) of this Act and shall not be covered
by the Probation Law. If the offender is a foreigner, he or she shall be
deported and barred from any subsequent entry into the Philippines after
serving his or her sentence;
b. In case any violation of this Act is committed by a partnership,
corporation, association or any juridical person, the partner, president,
director or manager who shall consent to or shall knowingly tolerate such
violation shall be directly liable and responsible for the act of the
employees and shall be criminally liable as a co-principal;
i. In case the offender is a government official or employee, he or she
shall, in addition to the above penalties, be deemed automatically
dismissed from office and permanently disqualified from holding
any elective or appointive position.
ii. The penalty of imprisonment of twelve (12) years and one day to
twenty (20) years, shall be imposed upon any person who shall
violate section 13 (d) of this Act. If the offender is a foreigner, he or
she shall be deported and barred from any subsequent entry into
the Philippines after serving his or her sentence;
iii. In the case of corporations or other associations, the above penalty
shall be imposed upon the managing partner, president or chief
executive in addition to an exemplary damage of at least Five
hundred thousand pesos (PhP500,000.00). If it is a foreign firm,
the director and all officers of such foreign firm shall be barred
from entry into the Philippines, in addition to the cancellation of its
license to do business in the Philippines;
iv.
In case the offender is a government official or employee, he or she
shall in addition to the above penalties be deemed automatically
dismissed from office and permanently be disqualified from
holding any elective or appointive position.
c. Every penalty imposed for the unlawful importation, entry, transport,
manufacture, processing, sale or distribution of chemical substances or
mixtures into or within the Philippines shall carry with it the confiscation
and forfeiture in favor of the Government of the proceeds of the unlawful
act and instruments, tools or other improvements including vehicles, sea
vessels and aircraft used in or with which the offense was committed.
Chemical substances so confiscated and forfeited by the Government at its
option shall be turned over to the Department of Environment and
Natural Resources for safekeeping and proper disposal.
d. The person or firm responsible or connected with the bringing or
importation into the country of hazardous or nuclear wastes shall be
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under obligation to transport or send back said prohibited wastes;
e. Any and all means of transportation, including all facilities and
appurtenances that may have been used in transporting to or in the
storage in the Philippines of any significant amount of hazardous or
nuclear wastes shall at the option of the government be forfeited in its
favor.
Section 15. Administrative Fines
In all cases of violations of this Act, including violations of implementing rules
and regulations which have been duly 44promulgated and published is accordance with
Section 16 of this Act, the Secretary of Environment and Natural Resources is hereby
authorized to impose a fine of not less than Ten thousand pesos (Php10,000.00), but not
more than Fifty thousand pesos (PhP50,000.00) upon any person or entity found guilty
thereof.
The administrative fines imposed and collected by the Department of
Environment and Natural Resources shall accrue to a special fund to be administered by
the Department exclusively for projects and research activities relative to toxic
substances and mixtures.
Self-Help: You can also refer to the sources below to help you
further understand the lesson:
Engineering Laws of the Philippines with RELATED Laws. 1981.Rex Bookstore
Toxic and Hazardous Waste Law of the Philippines
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Let’s Check
Reading Assignment 1
List at least 10 toxic chemicals and their effects to human health.
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Let’s Analyze
Reading Assignment 2
List at least 10 natural chemicals and 10 synthetic chemicals that you know to be
harmful to living organisms and indicate what harm they cause and under what
circumstances.
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In a Nutshell
What is the difference between Hazard and Risk? Site examples
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BIG PICTURE IN FOCUS: ULOe. To understand rules and regulations of
the sanitation code of the Philippines.
Metalanguage
Below are the essential terms that you are going to encounter in the pursuit of
understanding the implementing rules and regulations sanitation code of the Philippines.
You are strongly advised to frequently refer to these definitions to help you understand
the succeeding discussions.
Apartment House. A building containing a number of separate residential suites.
Boarding House. A building where selected persons for fixed periods of time are
supplied with, and charged for sleeping accommodations and meals.
Box and can privy. A privy where fecal matter is deposited in a can bucket which is
removed for emptying and cleaning.
Burial grounds. Cemetery, memorial park of any place duly authorized by law for
permanent disposal of the dead.
Burial. Interment of remains in a grave, tomb or the sea.
Chemical privy. A privy where fecal matter is deposited into a tank containing a caustic
chemical solution to prevent septic action while the organic matter is
decomposed.
Concrete vault privy. A pity privy with the pit line with concrete in such manner as to
make it water tight.
Condominium. A building with one or more storeys composed of multi-unit residential
suites under joint ownership of occupants, each unit provided with complete
sanitary facilities, utilities and other amenities.
Disinterment. The removal or exhumation of remains from places of interment.
Distribution box. A small concrete receptacle between the septic tank and the drain field
from which lines of drain tile extends and which acts as surge tank to distribute
the flow of sewage equally to each line of drain tile.
Approved excreta disposal facilities shall mean any of the following:
1. Flush toilets properly connected to a community sewer;
2. Flush toilets connected to a septic tank constructed in accordance with this
Chapter;
3. Any approved type pit privy built in accordance with this Chapter; and
4. Any disposal device approved by the Secretary or his duly authorized
representative.
Effective capacity of a septic tank. The actual liquid capacity of a septic tank as
contained below the liquid level line of the tank.
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Effective depth of a septic tank. The actual liquid depth of a septic tank as measured
from the inside bottom of the septic tank to the liquid level line.
Embalmer. A person who practices embalming.
Embalming. Preparing, disinfecting and preserving a dead body for its final disposal.
Freeboard or air space of a septic tank. The distance as measured from the liquid level
line to the inside top of the septic tank.
Funeral establishment. Any place used in the preparation and care of the body of a
deceased person for burial.
Hotel. A building where transient guests are received and are supplied with and charged
for meals, lodging and other services.
House sewer. The pipe line conveying sewage from the house or building to the septic
tank or to any point of discharge.
Lodging House. A building where persons are supplied with and charged for sleeping
accommodations only.
Massage Clinic Attendant. A trained person duly permitted by the Secretary or his
authorized representative to massage customers under the guidance and
supervision of a masseur.
Massage Clinic. An establishment where massage is administered to customers.
Massage. A method wherein the superficial soft parts of the body are rubbed or stroked
or kneaded for remedial or aesthetic or hygienic purposes.
Masseur. A trained person duly licensed by the Secretary or his authorized
representative to perform massage and to supervise massage clinic attendants.
Motel. A roadside hotel for motorists, usually consisting of private cabins.
Privy. A structure which is not connected to a sewerage system and is used for the
reception, disposition and storage of feces or other excreta from the human
body.
Public sewerage system. A system serving twenty-five persons or more.
Remains. The body of a dead person.
Sauna Bath Attendant. A person who applies the proper technique of giving steam bath
to customers.
Sauna Bath Establishment. An establishment where customers are exposed to steam
which is generated by sprinkling water on hot stones or by some other means.
Septic privy where the fecal matter is placed in a septic tank containing water and
connected to a drain field but which is not served by a water supply under
pressure.
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Septic tank absorption bed or drain field. An underground system of pipes leading
from the outlet of the septic tank, consisting of open-jointed or perforated pipes
so distributed that the effluent from a septic tank is oxidized and absorbed by
the soil.
Septic tank. A water tight receptacle which receives the discharge of a plumbing system
or part thereof, and is designed to accomplish the partial removal and digestion
of the suspended solid matter in the sewage through a period of detention. Its
construction shall be in accordance with specifications prescribed in this
Chapter.
Tenement House. A building or portion thereof which is leased or sold to an occupied as
residence by four or more families doing their cooking within the premises but
living independently of one another although having a common right in the use
of halls, stairways, terraces, verandas, toilets, and baths
Undertaker. Person who practices undertaking.
Undertaking. The care, transport and disposal of the body of a deceased person by any
means other than embalming.
Essential Knowledge
To perform the aforesaid big picture (unit learning outcomes), you need to understand
the necessary rules and regulation that are in need to be followed by every personnel to
have a clean and sustainable environment with clean water, food and other utilities used
by man following the standard sets by the sanitation code will be laid down in the
succeeding pages. Please note that you are not limited to exclusively refer to these
resources. Thus, you are expected to utilize other books, research articles and other
resources that are available in the university’s library e.g. ebrary,
search.proquest.com etc.
Sanitation Code of the Philippines
Presidential Decree No. 856, s. 1975 also known as Code of Sanitation is
formulated with an aim to promote health awareness and protection. This was
implemented under President Ferdinand Marcos on December 23, 1975. It is composed
of one hundred six (106) sections in which the following are the most notable sections
of the sanitary code:
SECTION 3. Functions of the Department of Health
The Department shall have the following powers and functions:
a. Undertake the promotion and preservation of the health of the people and raise
the health standards of individuals and communities throughout the Philippines;
b. Extend maximum health services to the people in rural areas and provide medical
care to those who cannot afford it by reason of poverty;
c. Develop, administer and coordinate various health activities and services which
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d.
e.
f.
g.
h.
shall include public health, preventive, curative and rehabilitative programs,
medical care, health and medical education services;
Upgrade the standards of medical practice, the quality of health services and
programs to assure the people of better health services;
Assist local health agencies in developing public health programs including
medical care, and promote medical and public health research;
Issue permits to establish and operate government and private hospitals, clinics,
dispensaries, schools of nursing, midwifery, and other para-medical courses,
puericulture centers, clinical laboratories and blood banks;
Prescribe standard rates of fees for health, medical, laboratory, and other public
health services; and
Performs such other functions as may be provided by law.
Water Supply
SECTION 9. Prescribed Standards and Procedures
Standards for drinking water and their bacteriological and chemical examinations,
together with the evaluation of results, shall conform to the criteria set by the National
Drinking Water Standards. The treatment of water to render it safe for drinking, and the
disinfection of contaminated water sources together with their distribution systems shall
be in accordance with procedures prescribed by the Department.
SECTION 10. Jurisdiction of the Department
The approval of the Secretary or that of his duly authorized representative is
required in the following cases:
a. Sites of water sources before their construction;
b. Delivery of water to consumers from new or recently repaired water systems;
c. Operation of a water system after an order of closure was issued by the
Department;
d. Plans and specifications of water systems of subdivisions and projects prior to the
construction of housing units thereat; and
e. Certification of potability of drinking water.
SECTION 11. Types of Water Examinations Required
The following examinations are required for drinking water:
a. Initial examination
The physical, chemical and bacteriological examinations of water from
newly constructed systems or sources are required before they are operated and
opened for public use. Examination of water for possible radio-active
contamination should also be done initially.
b. Periodic examination
Water from existing sources is subject to bacteriological examination as
often as possible but the interval shall not be longer than six months, while general
systematic chemical examination shall be conducted every 12 months or oftener.
Examination of water sources shall be conducted yearly for possible radioactive
contamination.
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SECTION 12. Examining Laboratories and Submission of Water Samples
The examination of drinking water shall be performed only in private or
government laboratories duly accredited by the Department. It is the responsibility of
operators of water systems to submit to accredited laboratories water samples for
examination in a manner and at such intervals prescribed by the Department.
SECTION 13. Other Protective Measures
To protect drinking water from contamination, the following measures shall be
observed:
a. Washing clothes or bathing within a radius of 25 meters from any well or other
source of drinking water is prohibited.
b. No artesians, deep or shallow well shall be constructed within 25 meters from any
source of pollution.
c. No radioactive sources or materials shall be stored within a radius of 25 meters
from any well or source of drinking water unless the radioactive source is
adequately and safely enclosed by proper shielding.
d. No person charged with the management of a public water supply system shall
permit any physical connection between its distribution system and that of any
other water supply, unless the latter is regularly examined as to its quality by
those in-charge of the public supply to which the connection is made and found to
be safe and potable.
e. The installation of booster pump to boost water direct from the water distribution
line of a water supply system, where low-water pressure prevails is prohibited.
Food Establishment
SECTION 14. Sanitary Permit
a. No person or entity shall operate a food establishment for public patronage
without securing a permit from the local health office. Food establishment is an
establishment where food or drinks are manufactured, processed, stored, sold or
served.
b. Every Sanitary Permit shall be posted in a conspicuous place of the establishment.
c. Fees – The fees payable on applications for permits and upon the issuances,
renewal and noting of such certificates shall be in such amounts as the City or
Municipal Authority may by resolution impose.
d. Noting of Permit – Within 14 days after any change in the ownership or occupancy
of any establishment, the new occupant shall apply to the City or Municipal Health
Officer to have such change noted in the records and on the permit certificate
which he shall produce for the purpose and shall pay the corresponding fee in
respect of such noting.
e. Record of Permit Certificates
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Every City or Municipality shall keep a record of all establishments in respect of
which permits have been issued and of all permit certificates and renewals thereof. The
record shall in every case show the following:
i.
The name and address of the holder of the permit who in every case shall
be the actual occupier of the establishment;
ii. The location of the establishment;
iii. The purpose or purposes for which the permit has been issued;
iv.
The date the first permit was issued and the dates of any renewal thereof;
v.
Every change of occupation and management of the establishment since
the first permit was issued; and
vi.
Conditions under which the permit was issued or any renewal thereof
granted.
The record shall be available at all reasonable times for inspection by any officer
of the Department of Health.
SECTION 15. Health Certificates
No person shall be employed in any food establishment without a Health
Certificate issued by the local health authority. This certificate shall be issued only after
the required physical and medical examinations are performed and immunizations are
administered at prescribed intervals.
SECTION 16. Quality and Protection of Food
All food must be obtained from sources approved by the local health authority. In
this regard, the following requirements are applicable:
a. Meats, meat products and fish shall be procured from sources under sanitary or
veterinary supervision.
b. All meat and fish shall be properly cooked before serving.
c. No meat products, fish, vegetables and other food sources shall be procured
from sources or areas known to have been affected by radioactivity as for
example, areas contaminated with a very large amount of radioactive fallout.
d. Milk and fluid milk products shall be obtained from sources approved by the
local health authority. Milk obtained from other sources must be sterilized,
pasteurized or otherwise heated.
e. Milk shall be stored in a refrigerator. Canned or package milk, other than dry
milk powders, shall be refrigerated after the container has been opened.
f. All perishable and potentially hazardous foods shall be stored at 45°F (7°C) or
below.
g. Cooked food intended to be served hot shall be kept at a temperature not lower
than 140°F (60°C).
h. Raw fruits and vegetables shall be thoroughly washed before they are used.
SECTION 17. Structural Requirements
Food establishments shall be constructed in accordance with the following requirements:
1. No person shall use any room or place for or in connection with the preparation,
storage, handling or sale of any article of food:
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a. Which is at any time used or in direct communication with a sleeping
apartment or toilet;
b. In which any animal is kept; or
c. Which is or has been used for any purpose which would be likely to
contaminate the food or to affect injuriously its wholesomeness or
cleanliness; or
d. Which is not used exclusively for the purpose; Provided, that in department
stores or multi-purpose business establishments, food may be
manufactured, prepared, cooked, stored, or sold only in the area set aside
exclusively for said purpose and for which a sanitary permit has been
issued.
2. No sanitary permit shall be issued for any premises to be used for the preparation,
handling and sale of food unless it is constructed in accordance with the following
requirements:
a. Floors -The Floors shall be;
i. Constructed of concrete or other impervious and easily cleaned
material that is resistant to wear and corrosion and shall be
adequately graded and drained; all angles between the floors and
walls shall be rounded off to a height of not less than 3 inches (7.62
cm.) from the floor; or
ii. Constructed of wood with dovetailed or tongue and grooved floor
boards laid on a firm foundation and tightly clamped together with
all angles between the floor and walls rounded off to a height of 3
inches (7.62 cm.); or
iii. Constructed in accordance with the requirements of sub-clause (i)
and (ii) of this clause and covered with linoleum, smooth surfaced
rubber or similar material fixed to the floor with cement or suitable
adhesive: Provided, That with the approval in writing of the local
authority, floors may be covered with carpets or other floor
covering in those parts of the premises where such carpets or
coverings can be satisfactorily cleaned and maintained.
b. Walls
i. The internal surface of walls shall have a smooth, even, nonabsorbent surface capable of being readily cleaned without damage
to the surface and constructed of dust-proof materials;
ii. The walls, where subject to wetting or splashing, shall be
constructed of impervious, non-absorbent materials to a height of
not less than 79 inches (2 meters) from the floor;
iii. The internal walls shall be painted in light colors or treated with
such other wall furnish as the health authority may prescribe.
c. Ceilings
i. All ceilings or, if no ceiling is provided, the entire under-surface of
the roof shall be dust-proof and washable.
ii. The ceiling or undersurface of the roof of rooms in which food is
prepared or packed or in which utensils or hands are washed shall
be smooth, non-absorbent and light coloured.
d. Lighting
i. The general standards of illumination provided shall permit
effective inspection and cleaning and shall be of sufficient intensity
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appropriate to the purpose for which any room or place is used;
ii. In rooms where food is prepared or packed or in which utensils or
hands are washed there shall be a minimum illumination intensity
of 20 foot-candles; in premises where food is consumed, there shall
be a minimum illumination intensity of 5 foot-candles. Intensities of
illumination shall be measured at a point 30 inches (76.20 cm.)
above the floor;
iii. All lighting shall be reasonably free from glare and distributed so as
to avoid shadows;
iv.
At other areas or working surfaces, the illumination shall be of such
intensity as may be required by the health authority.
e. Ventilation
i. Ventilation shall be provided which shall be effective and suitable to
maintain comfortable condition;
ii. The ventilation shall be adequate to prevent the air from becoming
excessively heated, prevent condensation and the formation of
excess moisture on walls, ceilings and for the removal of
objectionable odours, fumes and impurities;
iii. In the absence of effective natural ventilation, mechanical
ventilation with airflow from a clean area, and discharging in such a
manner as not to create a nuisance, shall be provided;
iv.
Canopies, air ducts, fans or other appliances shall be provided as
required by the health authority in particular circumstances;
v.
Effective provision shall be made for securing and maintaining a
reasonable temperature;
f. Overcrowding
There shall be sufficient floor space to enable every person working
thereon to carry out his duties efficiently and to permit easy access for
cleaning. Working spaces, aisles or passageways and areas to which
customers have access shall be unobstructed and sufficient to permit
movement of employees and customers without contamination of food by
clothing or personal contact.
g. Changerooms
i. There shall be provided adequate and suitable lockers or other
facilities for the orderly storage of clothing and personal belongings
of employees or persons engaged or employed in the premises. Such
facilities shall be so situated and arranged so that there is no
contamination of food by contact with clothing, and where the
number of persons engaged or employed is four or more of either
sex, there shall be provided separate changing rooms for each sex.
h. Wash-Hand Basins
i. Wash-hand basins shall be installed in convenient places and as
near as practicable to where the person for whose use they are
provided are working while handling food for sale or in such
locations as may be otherwise prescribed in any particular case.
ii. If required in writing by the local health authority an additional
wash-hand basin shall be installed as near as practicable to the toilet
facilities: Provided, that the wash-hand basins specified in this Code
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i.
need not be installed in premises where only food in sealed
containers is sold: and, Provided, further, that wash hand basins
specified in this regulation shall be installed under specifications of
the National Plumbing Code of the Philippines.
Wash-Hand Basins Maintenance
i. An adequate supply of soap, clean towels, roller towels presenting a
clean surface to each user from a continuous roller towel dispenser
or other hand drying services approved by health authorities.
ii. The wash-hand basin and all hand washing facilities shall, at all
times, be maintained in good repair and in a clean condition.
iii. All wash-hand basins shall, at all times, while the premises are being
used, be supplied with hot and cold or tempered running water at a
minimum temperature of 100°F (37.8°C).
SECTION 18. Use of Food-Service Spaces
a. Food-service spaces shall not be used as living or sleeping quarters.
b. Clothing or personal effects shall be kept in lockers or in designated places
away from food service spaces.
c. No animal or live fowls shall be allowed in such spaces.
d. Persons not directly connected with food preparation and serving shall not
be allowed to stay in food serving spaces.
e. Foods in storage or in preparation must not be handled by anyone other
than the preparation and serving staff.
SECTION 19. Food Handlers
a. No person shall be employed in any food establishment without a health
certificate issued by the local health authority.
b. Food handlers shall at all times:
i. Wear clean working garments. The Cook shall wear prescribed caps and
female employees’ caps or hairnets.
ii. Observe good personal hygiene.
iii. Wash their hands thoroughly with soap and water and dry them with a
clean or disposable towel or a suitable hand-drying device immediately
before working, or after visiting the toilet.
SECTION 20. Vermin Control
Vermin are a group of insects or small animals such as flies, mosquitoes,
cockroaches, fleas, lice, bedbugs, mice, and rats which are vectors of diseases.
a. Spaces where food and drinks are stored, prepared and served shall be so
constructed and maintained as to exclude vermin.
b. All opening which connects spaces to the outer air shall be effectively protected
with screen of noncorrosive wire 16-mesh or finer. Door screens shall be tightfitting.
c. A vermin abatement program shall be maintained in the establishments by their
owners, operators, or administrators. If they fail, neglect or refuse to maintain a
vermin abatement programs, the local health agency will undertake the work at
their expense.
d. During deratting or disinfecting operations, all foodstuffs, utensils, food
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preparation and cleaning equipment shall be covered to protect them from toxic
chemical substances.
e. Vermin control in public places shall be the responsibility of the provincial, city or
municipal governments which have jurisdiction over them.
f. The procedure and frequency of vermin abatement program shall be determined
and approved by the local health authority.
SECTION 21. Toilet and Washing Facilities
a. Adequate and clean toilet facilities for male and female customers and personnel
shall be provided in properly located areas.
b. Toilet rooms shall not open directly into spaces where food is prepared, stored or
served. Where such toilets exist, the doors shall be tight fitting and self-closing.
c. Adequate hand-washing facilities shall be provided within or adjacent to toilet
room.
d. Facilities shall include hot and cold running water, single-service paper or cloth
towel dispenser or drying device and soap or detergent.
SECTION 22. Disposal of Refuse
a. Refuse cans may be used in food-preparation areas for immediate use only.
b. Storage refuse cans, filled and empty, shall be in a designated space separate from
food-handling operations.
c. These cans shall be constructed and maintained as to be vermin-proof and easily
cleaned.
d. Cans containing refuse shall be tightly covered at all times, except during actual
use in food-handling areas.
e. Holding bins may likewise be used, provided they are constructed of impervious,
readily-cleaned materials, and fitted with tight fitting covers.
f. Where refuse cans are used, a space separate from the food-handling spaces and
adjacent to the refuse-can storage space shall be provided for cleaning them. This
space shall be equipped with scrubbing-brushes, cleansing agents, steam or hot
water under pressure, and a hose fitted with adjustable nozzle.
SECTION 23. Equipment and Utensils
a. They shall be so designed, fabricated and installed so that cleaning is easy and they
do not pose health hazards.
b. Lead-soldered containers and cadmium-lined piping and fixtures shall not be
used.
c. Surfaces that come into contact with food or drinks shall be constructed of
materials that are impervious, corrosion-resistant, non-toxic, easily cleanable,
durable and resistant to chipping.
d. Sliding doors on cabinets shall be easily cleanable and removable. Runners shall
be allotted at the ends to permit removal of dust and debris. The bottom shelves
of open-based fixtures shall be removable to facilitate inspection, cleaning and
maintenance.
SECTION 24. Washing of Utensils
a. They shall be scraped and pre-rinsed to remove food articles.
b. They shall be thoroughly cleansed in warm water at 120°F (49°C) with soap or
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detergent.
c. If running water is not used, the wash-water shall be changed frequently.
SECTION 25. Bactericidal Treatment
Eating and drinking utensils and equipment, after thoroughly cleaned, shall be
subjected to one of the following bactericidal treatments:
a. Immersion for at least half a minute in clean hot water at a temperature of at least
170°F (77°C);
b. Immersion for at least one minute in a lukewarm chlorine solution 50 ppm;
c. Exposure in a steam cabinet at a temperature of at least 170°F (77°C) for at least
15 minutes at a temperature of 200°F (90°C) for at least 5 minutes;
d. Exposure in an oven or hot-air cabinet at a temperature of at least 180°F (82°C)
for at least 20 minutes; or
e. Any other method approved by the local health authority.
SECTION 26. Handling of Washed Utensils
a. Washed utensils shall be allowed to drain dry in wire racks without use of drying
cloths, or shall be stored in a self-draining position to permit ready air-drying.
b. The drying cloth on which to store dishes and utensils temporarily after
bactericidal treatment should be clean and changed frequently.
SECTION 27. Storage of Washed Utensils
1. They shall be stored in a clean and dry place adequately protected against vermin
and other sources of contamination.
2. Cups, bowls, and glasses, shall be inverted for storage.
3. When not stored in closed cupboards or lockers, utensils and containers shall be
covered or inverted whenever practicable. Utensils shall not be stored on the
bottom shelves of open cabinets below the working top level.
4. Racks, trays and shelves shall be made of materials that are impervious,
corrosion-resistant, non-toxic, smooth, durable and resistant to chipping
5. Drawers shall be made of the same materials and kept clean. Felt-line drawers
are not acceptable, but the use of clean and removable towels for lining drawers
is acceptable.
SECTION 28. Dry Storage of Non-Perishable Foods
Non-perishable foods shall be stored in the following manner:
a. Designated spaces, lockers, cupboards, racks, shelves and containers shall be used
for storage.
b. All spaces, lockers and cupboard shall be constructed of materials of the same
quality as used for food-preparation and food-serving operations. Containers shall
be made of metal fitted with tight covers.
c. The recommended temperature range for dry stores is 50-60°C (10-15°C) except
where dry foods for immediate use are stored in the preparation and servicing
spaces.
SECTION 29. Refrigerated Storage of Perishable Foods
Perishable foods shall be stored in the following manner:
a. They shall be kept at or below 45°F (7°C) except during preparation or when held
for immediate serving after preparation.
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b. When such foods are to be stored for extended periods, a temperature of 40°F
(40°C) is recommended.
c. Fruits and vegetables shall be stored in cool rooms.
d. Recommended temperatures for perishable food storage are:
1. Frozen foods; not more than 10°F (2°C)
2. Meat and Fish: 32-38ºF (0-3°C)
3. Milk and milk products: 40-45°F (5-7°C)
4. Fruits and vegetables: 44-50°F (7-10°C)
e. All refrigerating compartments and refrigerators must be kept clean, in good
repair and free from odors. They shall be provided with thermometers with scale
divisions not larger than 2°F (1°C). Sufficient shelving shall be provided to prevent
stocking and to permit adequate ventilation and cleaning.
SECTION 30. Food Servicing Operations
These operations should be in accordance with the following requirements:
a. Hand contacts with food or drink shall be avoided; fingers shall not be used to
serve butter, ice, or similar items of food. Sugar shall be served in covered
dispensers or containers, or in packages wrapped for single service.
b. The surfaces of containers and utensils, including glasses and tableware’s, which
come in contact with food and drink shall not be handled.
c. Disposable cups, plates, spoons and other single-service containers and utensil
shall be purchased in sanitary cartons and stored in a clean, dry place until used.
These articles shall be so handled on removal from the carton that the hand does
not touch the surface which will be in contact with food or drink.
d. Clean cloths, napkins, spoons, towels, and other cloth equipment shall be stored
in clean places designated specifically for them. Soiled linens, including towels,
aprons, and coats, shall be stored in a closed bin or locker, suitably marked.
e. Spoons, spatulas, dippers and scoops used intermittently for dispensing frozen
desserts shall be kept in running water or in water maintained at 170°F (77°C)
and frequently changed, or they may be washed and stored in a dry place after
each use. Constant-temperature bottles and other containers used for potable
water and other beverages shall be kept clean and given effective bactericidal
treatment before and after subsequent use.
SECTION 31. Evaluation of Food Establishment
It shall be the duty of the Provincial, Municipal or City Health Officer to cause an
inspection and evaluation of every food establishment requiring a permit for its
operations, at least every six months and shall cause as many additional inspections and
re-inspections and evaluation to be made as are necessary for the enforcement of the
provision of this Chapter.
During the inspection or evaluation carried out at least every six months, the
inspector shall record his findings on an inspection form provided for the purpose and
shall furnish the original of such report to the holder of sanitary permit, the manager or
occupier of the premises. Demerits entered in the appropriate column inspection forms
shall indicate that the item does not, in the opinion of the inspector, comply with the
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requirements of this regulation. Within 48 hours of the inspection or evaluation, the
original of the inspection report shall be furnished the holder of the permit certificate, the
manager or occupier of the food establishment. Whenever an inspection form issued
indicates non-compliance items relating to any particular type of premises, the inspector
shall notify the holder of the sanitary permit, the manager or occupier of the correction
to be made and indicate a reasonable period for its compliance. If upon reinspection after
the deadline the inspector finds the correction has not been effected, he shall forthwith
report to the Health Officer and the Health Officer shall revoke the sanitary permit.
A copy of the inspection form and any notices served shall, in all cases, be fled and
kept by the local health authority and be available at all reasonable time for inspection by
an officer of the Department of Health.
a. Service of Notice
Whenever an inspection or evaluation report form indicates noncomplying items, the Health Officer of the Province, Municipality or City may cause
to be served on the holder of the permit, the manager or occupier a notice
requiring him, within the time stated in the notice, to take such remedial
action as may be specified therein. In the event within the time stated in the notice,
hereinafter called the first notice, the terms of the first notice are not complied
with, the Health Officer may cause to be served on the holder of the permit, the
manager or occupier a second notice calling on him to show cause, at a time and
place stated in the notice, why the permit issued in respect of the food
establishment should not be revoked.
b. Revocation of Permits
After prior notice and hearing as provided above, the Health Officer, if
satisfied that the terms of the two notices have not been complied with or that the
failure to comply therewith is not excusable, shall revoke the said permit.
c. Summary Suspension of Permits
Whenever the Provincial, Municipal or City Health Officer finds unsanitary
or unhealthy conditions in the operation of a food establishment which in his
judgement constitute a substantial hazard to the public health, the Health Officer
may order the immediate suspension of the permit. Any person to whom such an
order is issued written petition shall be afforded a hearing as soon as possible.
d. Appeals
The person or panel conducting the hearing may confirm, modify or
reverse the decision appealed from, which decision shall be final.
e. Protection of Food
Notwithstanding the other provisions of this regulation relating to the
issuance of permits, every person who is engaged in the sale of food or in the
manufacture, preparation, storage, packing or delivery of food for sale shall
protect such food from contamination.
f. Power of Entry
Any Sanitary Inspector or duly authorized officer of the Department of
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Health or of the Provincial, Municipal or City Health Officer, upon presentation of
proper credentials may at all reasonable times enter any premises engaged in the
manufacture, preparation or packing of any article of food for sale or any premises
used for any of the purposes referred to in this Code for the purpose of inspection
or any other action necessary for administration of this Code
Markets and Abattoirs
SECTION 34. Prescribed Standards of Construction
The construction of markets and abattoirs shall conform to standards prescribed
by the Department. These standards shall be set along the following guidelines:
1. Suitability of site insofar as elimination of nuisance condition and prevention of
contamination are concerned;
2. Availability of ample water supply for cleaning;
3. Successibility of adequate drainage facilities;
4. Durability of construction to protect vendors and customers from any hazard and
exposure to the elements; and
5. Facilities for sanitation maintenance, such as cleaning and elimination of
harborages of vermin.
SECTION 35. Responsibility of the Local Health Authority
a. On Markets
1. Make periodic inspections to ascertain the maintenance of adequate
sanitary conditions of markets and their premises;
2. Supervise and control the proper care and use of market stalls;
3. Prohibit the construction of living quarters within any market and its
premises;
4. Enforce the ban on construction of partitions, sheds or booths within the
market area.
b. On Abattoirs
1. Supervise the maintenance of adequate sanitation in abattoirs and their
premises;
2. Enforce the requirements on the examination of meat as provided in
existing laws;
3. Permit the slaughter of animals for public consumption in other designated
areas in certain exigencies, provided public health is adequately protected;
4. Supervise the sanitary disposal of all abattoir wastes; and
5. Ensure that only healthy animals shall be slaughtered, and that the method
of slaughtering, the techniques of dressing and the storing, handling and
transporting procedures are in accordance with prescribed standards.
SECTION 36. Responsibility of Local Governments and Private Operator
Local governments and private operators in charge of public or private
markets and abattoirs shall employ an adequate number of personnel to ensure their
efficient operation and hygienic maintenance. These employees shall be under the
direct supervision of the local health authority.
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SECTION 37. Sanitary Permit
Public Laundry
No public laundry shall operate without a sanitary permit from the Secretary or
his duly authorized representative. As used in this Chapter, a public laundry is a laundry
established and operated for commercial purposes, open to the public, and not to an
exclusive clientele.
SECTION 38. General Requirements
The construction and operation of a public laundry shall be governed by the
following requirements:
Structural Requirements
1.
2.
3.
4.
The site should be distant from sources of nuisance.
Only durable construction materials shall be used.
Smooth and water-tight materials shall be used for flooring.
All work rooms shall be properly ventilated and provided with 10 foot-candles of
lighting.
5. Adequate drying facilities shall be provided and articles for drying protected from
sources of contamination.
Sanitary Requirements
1. Laundry supplies in both liquid and solid state shall be properly stored, prepared
and handled. Containers of chemical shall be properly labeled.
2. Employees shall be provided with potable drinking water, toilets, bathing and
washing facilities.
3. Employees shall be provided with lockers for their working garments and street
cloths.
4. The plant and its premises and equipment shall be maintained clean and sanitary
at all times.
SECTION 39. Special Requirements
The following requirements shall be enforced:
a. All articles to be laundered coming from hospitals and infected sources
shall be treated by exposure to a sufficient quantity of hot water
detergents or by other effective means of disinfection.
b. All linen, bed clothes, pajamas, towels, bedsheets, pillow cases, etc. that
have come in contact with any form of radioactivity should be isolated
in a certain area and monitored by Radiation Safety personnel before
sending these articles for laundry. If any amount of radioactive
contamination is found, the affected article should be set aside and the
radioactivity allowed to completely decay before said article is sent for
laundry.
c. All articles for delivery to the laundry shall be kept in containers which
shall be kept closed until the articles are removed at the laundry.
d. Laundry vehicles shall be kept clean and sanitary at all times.
e. A separate room shall be used solely for receiving, sorting, marking or
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handling unwashed articles.
f. Diapers must be protected from pathogenic organisms and from
chemical substances which are irritating to the skin of the infant.
Laundered diapers for delivery shall be pack in sealed sanitary
containers.
School Sanitation and Health Services
SECTION 40. Definition of Terms
As used in this Chapter, the following terms shall mean:
a. School – An institution of learning which may be public, private or parochial.
b. Special School – A school which utilizes cadavers, plants, animals, bacterial and
viral cultures for studies and research.
c. Physical Environments – The school plant, grounds and facilities.
d. Emotional Environment – Factors which affect the emotional health of students
and members of the faculty.
SECTION 41. The Physical Environment
In the design and construction of the school plant, the following factors shall be
considered:
a. Site. Traffic hazards are to be avoided but not to the point of sacrificing
accessibility to public transportation. It shall be distant from sources of nuisances.
b. Grounds. The acreage shall be large enough to permit playgrounds, athletic fields
and school gardens.
c. Building. Preferably it shall be constructed of strong and durable materials and
designed along functional lines. For the prevention of fire hazards, the
requirements of the local fire department shall be observed. Sufficient ventilation
shall be provided. Wall and ceiling finishes should be chosen so as to give optimum
lighting with minimum glare. Artificial lighting with louvered fluorescent or
incandescent fixture shall be used to supply a minimum lighting of 25 foot-candles
in the darkest corner. For flooring, suitable materials shall be used which will give
maximum durability without creating a slippery surface.
d. Sanitary Facilities. The school population shall be provided with potable water,
sewage and waste disposal systems shall likewise conform to the requirements
prescribed in this Code.
SECTION 42. The Emotional Environment
For the promotion of emotional health of the school population the following
requirements shall be observed:
a. Suitable Location. The school site shall be located away from disturbances and
places which give undesirable influence.
b. Recreational Facilities. The school must have safe and attractive playgrounds
and adequate facilities for suitable sports and games.
c. Rest Rooms. Facilities shall be provided where faculty members can rest and get
short respite from teaching chores.
SECTION 43. Health Services
Trained personnel and adequate facilities should be available so that students may
be afforded the following health services:
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a.
b.
c.
d.
e.
Periodic physical and medical examination;
Periodic immunization;
Medical and dental treatment;
Treatment for common emergencies; and
Counselling and guidance.
SECTION 44. Requirements for Special Schools
a. Cadavers shall be stored in morgues and dissected in dissecting rooms, all of which
shall be constructed and maintained in accordance with standards prescribed by
the Department.
b. Poisonous or harmful plants and animals shall be kept in adequate and a securedareas.
c. Viral and bacterial cultures shall be kept in laboratories under standard security
laboratory measures.
d. Schools utilizing radioactive materials or sources for study or research should
closely conform to the requirements and guidelines given by the Radiation Health
Office and the Philippine Atomic Energy Commission concerning radiation
protection.
Industrial Hygiene
SECTION 45. Sanitary Requirements for Operating an Industrial Establishment
The following sanitary requirements shall be applicable to industrial
establishments:
a. No person, firm, corporation, or entity shall operate any industrial establishment
without first obtaining a sanitary permit from the Secretary or his duly authorized
representatives.
b. Industrial establishments shall be allowed to operate only in places or zones
assigned for the kind of industry by existing zoning laws, ordinances, or policies.
The local health authority shall determine the suitability of location where no
zoning law, ordinance or policy exists.
c. Adequate potable water supply shall be provided to employees.
d. Sewage disposal shall be by means of a municipal or city sewerage system
whenever possible. If no municipal or city sewerage system exists it shall be done
in accordance with the provisions of this Code. Adequate and conveniently located
toilet and bath facilities shall be provided for each sex.
e. All wastes incident to the operation of the industrial plant shall be collected,
stored, or disposed of in a manner to prevent health hazards, nuisances, and
pollution. Where a city or municipal collection and disposal system exists, it
should be utilized.
f. An abatement program for the control of vermin shall be maintained.
g. Adequate restrooms and mass halls shall be provided for employees.
h. All places of employment and all workrooms, including machinery and equipment,
shall be kept clean and sanitary.
SECTION 46. Responsibility of the Secretary
The Secretary shall:
a. Issue a list of maximum concentration of atmospheric contaminants as a guide in
appraising health hazards and in evaluating control measures. The term maximum
concentration as used in this Chapter means the amount of atmospheric
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b.
c.
d.
e.
f.
g.
h.
contaminant which can be tolerated by man for continuous daily exposure with
no impairment of health or well-being either immediate or after a long period of
exposure.
Review the concentration values at regular intervals to amend or alter the list
where indicated.
Specify other concentrations of short intermittent duration capable of causing
acute impairment of health.
Require control of other contaminants known or believed to be capable of causing
impairment of health but not included in the list already issued by the Department.
Prescribe control measures to eliminate transmission of infection disease through
processing or handling of industrial products or wastes.
Prescribe illumination standard values and order their review at regular intervals
to alter or amend values when indicated.
Promulgate measures to effectively and adequately control any possible
radioactivity to which workers may be exposed while on their job.
Promulgate control measures to reduce noise and pollution.
SECTION 47. Responsibilities of the Employer and Employees
The following are the responsibilities of the employer and employees in industrial
establishments:
a. Employer responsibility
1. Provide, install and maintain in good repair all control measures and
protective equipment;
2. Inform affected employees regarding the nature of the hazards and the reasons
for, and methods of control measures and protective equipment;
3. Make periodical testing of the hearing of all employees in noisy areas of
operation;
4. Adopt measures so that the noise produced is within allowable limits so as not
to affect neighboring offices, buildings or establishments;
5. Request the Department a permit for variation from the requirements when
other means of equivalent protection are provided; and
6. Provide personal protective equipment and/or protective barriers when they
are necessary.
b. Employee responsibility
1. Observe strictly protective control measures which are prescribed; and
2. Use equipment provided them properly.
SECTION 48. Environmental Provisions
The environmental provisions enumerated hereunder for the protection of the
health of workers are applicable to all industrial establishments:
1. Control of atmospheric contaminants
1. Workers shall not be exposed to atmospheric contaminants hazardous
to health.
2. Control of atmospheric contaminants shall be accomplished by methods
approved by the Secretary or his duly authorized representatives or
other government authority.
2. Control of infectious agents
Control measures shall be provided to eliminate or control the
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c.
d.
e.
f.
transmission of infectious diseases through processing or handling of industrial
products or wastes.
Control of possible sources of radiation hazards should be carried out under the
supervision of the Radiation Health Officer or his authorized representative.
Noise
Control measures shall be provided to reduce intensity of noise sufficiently
to render it harmless to workers and to eliminate it at its source as a nuisance by
following the recommendations of the local health or other government authority.
Illuminate
1. Adequate lighting shall be provided and distributed in all work areas in
amount required for the type of work or seeing tasks measured by a
light-meter with a minimum of glare and contrasting intensities
between work and workroom.
2. Where the specific task requires more light than provided by general
illumination, supplementary lighting shall be supplied.
Ventilation
1. Natural or artificial ventilation shall be provided in all work areas at a rate
to insure a safe and healthful working atmosphere, free from injurious
amounts of toxic materials and reasonably free from offensive odours and
dust throughout the establishment.
2. Proper control measures shall be used to reduce concentration of toxic
contaminants to allowable limits.
3. Air inlets shall be arranged, located and equipped to insure sufficient air
velocity and an exhaust system which shall be located so that discharged
materials shall not re-enter places of employment or habitations nor create
any hazard of nuisance.
SECTION 49. Personal Protective Equipment
The following requirements shall be applicable for personal protective equipment.
a. Personal protective equipment and/or protective barriers shall be provided
whenever substances, radiations or mechanical irritants are encountered in a
manner capable of causing any pathological change or injury or impairment in
functions of any part of the body through skin and/or mucous membrane
absorption.
b. Personal protection equipment which shall include respiratory protectors and
other accessories shall be fitted to each exposed worker when necessary.
c. X-ray film badges or pocket decimeters should be worn by workers who,
during their course of work are unavoidably exposed to even a small amount
of radiation.
d. Supervisors and employees shall familiarize themselves with the use, proper
sanitary care and storage of this equipment.
SECTION 50. Health Services
Medical services shall be provided to all employees in accordance with existing laws and
the rules and regulations prescribed by the Department.
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Public Swimming or Bathing Places
SECTION 51. Sanitary Permit
No public swimming and bathing places shall be operated for public use without a
sanitary permit issued by the Secretary or his duly authorized representative.
SECTION 52. Protection of Customers
To protect the health and safety of persons who use them, the Department shall
promulgate:
a. Rules and regulations concerning:
1. Correct sanitary practices for persons swimming or bathing to prevent the
transmission of communicable diseases;
2. Correct sanitary procedures for personnel working in those places to
maintain their adequate sanitation and cleanliness of accessories used by
customers;
3. Adequate number of trained personnel and necessary equipment needed
for life-saving and rescue work;
4. Post conspicuous signs to warn the public of the presence of artificial or
natural hazards; and
b. Standards and criteria concerning:
1. Sanitary structural requisites for swimming pools and bath houses to
prevent pollution of their waters and to facilitate sanitation maintenance;
2. Sanitary structural standards for appurtenances, such as toilets, shower
baths and dressing rooms to eliminate the risk of infection;
3. Methods of determining the sanitary quality of water, particularly that
which is used in swimming pools; and
4. Criteria to be used in the limitation of swimming or bathing loads of
swimming pools in accordance with the type of water treatment applied.
SECTION 53. Responsibility of the Local Health Authority
The local health authority concerned shall:
a. Inspect the state of sanitation of public swimming or bathing places;
b. Ascertain if their personnel are examined regularly for the presence of any
infections or contagious disease;
c. Enforce rules and regulations of the Department under this Chapter; and
d. Recommend to the Department the revocation of their permits when it is
deemed necessary for the protection of public health.
SECTION 54. Rest Areas, Bus Terminals, Bus Stops, and Service Stations
Rest areas, bus terminals, bus stops and service station areas with one or more
permanent sheds, buildings and service facilities for motor vehicles shall be provided
with sanitary facilities for the convenience and personal necessities of the travelling
public.
a. Rest areas, bus terminals, bus stops and service stations shall be established with
ample area to prevent overcrowding of motor vehicles and travelers.
b. They shall be provided with adequate ventilation and lighting and away from
sources of nuisance.
c. Safe and adequate water supply shall be provided in accordance with the
provisions of Chapter II of this Code.
d. Excreta and sewage collection and disposal shall be provided in accordance with
the provisions of Chapter XVII of this Code.
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e. Refuse collection and disposal shall be in accordance with the provisions of
Chapter XVIII of this Code.
f. Comfort rooms – Adequate number of comfort rooms shall be provided as well as
auxiliary facilities therein in accordance with the provisions on Chapter XVII of
this Code.
g. Waiting sheds for commuters shall be of adequate size to comfortably
accommodate a minimum of thirty (30) persons. Floors shall be of smooth
concrete finish and adequate sitting facilities provided for.
h. Sale of foodstuffs in those establishments shall be done in conformity with the
provisions of Chapter III of this Code.
SECTION 55. Camps and Picnic Grounds
No camps and picnic grounds shall be open for public patronage without a sanitary
permit issued by Secretary or his duly authorized representative.
a. Camps and picnic ground sites shall not be subject to flooding, must be well
drained, distant from any source of nuisance and will not endanger sources of any
public water supply.
b. Camp and picnic houses shall be provided with adequate lighting and ventilation.
Where tents are used flooring shall be at least 4 inches above the ground.
c. Adequate and safe drinking water shall be available at all times in accordance with
the provisions of Chapter II of this Code.
d. Adequate number of sanitary facilities shall be provided.
e. Sewage disposal shall be in accordance with the provisions on Chapter XVII of this
Code.
f. The storage, preparation and serving of food shall be in accordance with Chapter
III of this Code.
g. Refuse cans shall be provided at strategic points in the ground area provided with
tight fitting cover. A regular collection service shall be maintained. Refuse disposal
shall be in accordance with the provisions of Chapter XVIII of this Code.
h. Camps and picnic grounds shall at all times be maintained clean, free from litter
and accumulated rubbish.
i. A program on Vermin Control shall be made in accordance with Chapter XVI of
this Code.
Dancing Schools, Dance Halls and Night Clubs
SECTION 56. General Provisions
The following provisions are applicable to dancing schools, dance halls and night
clubs:
a. These establishments shall be operated and opened for public patronage only
when a sanitary permit is issued by the local health authority.
b. These establishments and their premises shall be kept clean and sanitary at all
times.
c. Patrons shall be provided with adequate potable water and toilet facilities in
accordance with standards prescribed by this Code.
d. There shall be no private rooms or separate compartments for public use
except those used for lavatories, dressing rooms, bars and kitchens.
SECTION 57. Special Provisions
The following provisions are applicable in cases herein specified:
a. For dancing schools
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No person shall be employed as a dancing instructor or instructress
without first securing a health certificate from the local authority.
b. For dance halls and night clubs
No person shall be employed as hostess or cook or bartender or waiter
without first securing a health certificate from the local health authority.
c. The storage, preparation and serving of food and drinks shall be in accordance
with the provisions prescribed in Chapter III of this Code.
Tonsorial and Beauty Establishments
SECTION 58. Definition of Terms
As used in this Chapter, the term “Tonsorial and Beauty Establishments” include
barber shops, beauty parlors, hairdressing and manicuring establishments and figure
slendering salons.
a. Requirements
These establishments are subject to the following requirements:
1. A sanitary permit shall be procured from the local health authority
before their operation.
2. They shall be maintained clean and sanitary at all times.
3. No person shall be employed to service customers without a health
certificate issued by the local health authority.
b. Correct Sanitary Practices
The following sanitary practices shall be observed.
1. Working personnel shall wash their hands with soap and water before
servicing customers.
2. They shall wear clean working garments.
3. They shall not smoke nor eat while working.
4. Implements of their trade shall be cleaned and disinfected before and
after their use.
5. Customers shall be supplied with clean and fresh towels, drapes and
other linen necessary.
6. Precautionary measures to prevent disease transmission shall be
observed when serving customers showing any form of dermatoses.
Massage Clinics and Sauna Bath Establishments
SECTION 60. Sanitary Permit
No person or entity shall operate a massage clinic and/or a sauna bath
establishment without first securing a sanitary permit from the local health authority.
SECTION 61. Sanitary Requirements
The following requirements shall be enforced:
a. Massage Clinic
1. The reception and office rooms shall be properly lighted and ventilated.
2. Every massage room shall be adequately ventilated, provided with a sliding
curtain at the entrance and equipped with a suitable and clean massage table.
3. Sanitary and adequate handwashing, bath and toilet facilities shall be
available.
4. Customers shall be provided with soap, clean towels, sanitized rubber or
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plastic slippers. They shall be required to take a thorough bath before massage.
5. Masseur and masseur attendant shall wash their hands with soap and water
before and after massaging a customer.
6. The establishment and its premises shall be maintained clean and sanitary at
all times.
b. Sauna Bath Establishment
1. The reception and office rooms shall be properly lighted and adequately
ventilated.
2. The sauna bath room shall be properly lighted, provided with thermometers,
and maintained clean and sanitary at all times.
3. Sanitary and adequate handwashing, bath and toilet facilities shall be
available.
4. Customers shall be provided with soap, clean towels and sanitized rubber or
plastic slippers.
SECTION 62. Personnel
The following requirements shall be enforced:
a. Masseur
1. The person must have a certificate as a registered masseur, issued by the
Committee on Examiners for Masseur of the Department.
2. He must possess an up-to-date health certificate issued by the local health
authority.
3. The person shall wear a clean working garment when attending to
customers or when supervising massage clinic attendants.
b. Massage Clinic Attendant
1. The person shall be properly registered and authorized by the local health
authority to work as massage clinic attendant after compliance with the
following requirements:
i. Satisfactory completion of a training course or study given by a
government office, school or hospital, which is duly authorized and
recognized by the Department; and
ii. Up-to-date health certificate issued by the local health authority to
include VD clearance secured from any government clinic or
hospital.
2. The person must clean working garments when attending to customers.
c. Sauna Bath Attendant
1. Attendant must possess an up-to-date health certificate issued by the
local health authority.
2. The person must wear clean working garments when attending to
customers.
Hotels, Motels and Apartments, Lodging, Boarding, or Tenement Houses, and
Condominiums
SECTION 64. General Provisions.
The following are required for the establishments defined in the preceding
Section:
a. No establishment shall be operated and opened for public patronage without a
sanitary permit issued by the Secretary or his duly authorized representative.
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b. Any extension or additional construction in an establishment shall require a
sanitary permit before it could be operated.
c. All establishments shall provide their patrons with adequate water supply, toilet
and bath facilities in accordance with standards prescribed in this Code.
d. Establishments and their premises shall be kept clean and sanitary at all times.
e. Periodic insect and vermin control measures shall be undertaken to eradicate
vectors of diseases.
f. Animals, fowls and pets shall be housed in appropriate kennels or cages separate
from living quarters.
g. No person shall be employed in establishments without first procuring a health
certificate from the local health authority.
SECTION 65. Special Provisions
The following provisions are applicable.
a. Hotels and Motels
5. The storage, preparation and serving of food to customers shall be in
accordance with the standards prescribed in Chapter III of this Code.
6. Customers shall be provided with clean linen such as bedsheets, pillow cases,
towels and napkins.
7. When rooms or cabins are vacated, their toilets or baths shall be sanitized and
clean and fresh linen shall be provided before the room or cabin is rented for
occupancy.
b. Condominium – The following conditions are applicable:
1. The choice for sites should consider availability of bus and taxi transportation
services.
2. Nearness to place of work, schools, police stations and clinics.
3. Availability of low-cost goods.
4. Parking facilities and playgrounds for children.
5. Facilities for refuse disposal and cleanliness of buildings, and
6. Efficiency of lifts.
Port, Airport, Vessel and Aircraft Sanitation
SECTION 66. Port and Airport Sanitation
In ports and airports, the following sanitary requirements shall be applied:
a. Every port and airport shall be provided with potable drinking water and
wholesome food supplied from sources approved by the Secretary or his duly
authorized representative.
b. The drinking water and food shall be stored and handled in a manner to ensure
their protection against contamination. The local health authority shall conduct
periodic inspections of equipment, installations and premises, and collect
regularly samples of water and food for laboratory examination to determine if
they are fit for human consumption.
c. There shall be available to as many ports and airports as practicable organized
medical and health services with adequate staff, equipment and facilities for the
prompt isolation and care of infected persons, disinfection, dis-insecting,
deratting, laboratory examination, collection and examination of rodents for
plague infection, collection of water and food samples for examination.
d. The local health authority for each port and airport shall take all practicable
measures to keep port and airport installation free of rodents.
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e. In ports and airports of entry, facilities shall be provided for immunizations
required in international travel.
f. Every port of entry and the area within the perimeter of an airport of entry shall
be kept free from mosquito vectors of yellow fever, malaria and other diseases of
epidemiological significance.
SECTION 67. Vessel Sanitation
For the purpose of this Section, the provisions of Art. II of the Quarantine
Regulations promulgated under Section 5 of Republic Act No. 123 shall be applied and
enforced.
SECTION 68. Aircraft Sanitation
For the purpose of this Section, the requirements in the Guide to Hygiene and
Sanitation in Aviation of the World Health Organization are adopted as part of this Code.
Vermin Control
SECTION 69. Definition of Terms
As used in this Chapter, the following terms shall mean:
a. Place. Land, building, residence, pier, watercraft, aircraft or any means of
conveyance.
b. Vermin. A group of insects or small animals such as flies, mosquitoes,
cockroaches, fleas, lice, bedbugs, mice and rats which are vectors of diseases.
SECTION 70. General Requirements
A vermin abatement program shall be maintained in places by their owners,
operators or administrators. If they fail, neglect or refuse to maintain a vermin abatement
program, the local health agency will undertake the work at their expense. Vermin control
in public places shall be the responsibility of the provincial, city or municipal
governments which have jurisdiction over them. The procedure and frequency of vermin
abatement program shall be determined and approved by the local health authority.
Sewage Collection and Disposal, Excreta Disposal and Drainage
SECTION 72. Scope of Supervision of the Department
The approval of the Secretary or his duly authorized representative is required in
the following matters:
a. Construction of any approved type of toilet for every house including community
toilet which may be allowed for a group of small houses of light materials or
temporary in nature;
b. Plans of individual sewage disposal system and the sub-surface absorption
system, or other treatment device;
c. Location of any toilet or sewage disposal system in relation to a source of water
supply;
d. Plans, design data and specifications of a new or existing sewerage system or
sewage treatment plant;
e. The discharge of untreated effluent of septic tanks and/or sewage treatment
plants to bodies of water;
f. Manufacture of septic tanks; and
g. Method of disposal of sludge from septic tanks or other treatment plants.
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SECTION 73. Operation of Sewage Treatment Works
Private or public sewerage systems shall:
a. Provide laboratory facilities for control tests and other examinations needed;
b. Forward to the local health authority operating data, control tests and such other
records and information as may be required;
c. Inform the local health authority in case of break-down or improper functioning
of the sewage treatment works; and
d. Provide for the treatment of all sewage entering the treatment plant.
SECTION 74. Requirements in the Operation of Sewerage Works and Sewage
Treatment Plants
The following are required for sewerage works and sewage treatment plants.
a. All houses covered by the system shall be connected to the sewer in areas where
a sewerage system is available.
b. Outfalls discharging effluent from a treatment plant shall be carried to the channel
of the stream or to deep water where the outlet is discharged
c. Storm water shall be discharged to a storm sewer, sanitary sewage shall be
discharged to a sewerage system carrying sanitary sewage only; but this should
not prevent the installation of a combined system.
d. Properly designed grease traps shall be provided for sewers from restaurants or
other establishments where the sewage carries a large amount of grease.
SECTION 75. Septic tanks
Where a public sewerage system is not available, sewer outfalls from residences,
schools, and other buildings shall be discharged into a septic tank to be constructed in
accordance with the following minimum requirements:
a. It shall be generally rectangular in shape. When a number of compartments are
used, the first compartment shall have the capacity from one-half to two-thirds of
the total volume of the tank.
b. It shall be built of concrete, whether pre-cast or poured in place. Brick, concrete
blocks or adobe may be used.
c. It shall not be constructed under any building and within 25 meters from any
source of water supply.
SECTION 76. Disposal of Septic Tank Effluent
The effluent from septic tanks shall be discharged into a sub-surface soil,
absorption field where applicable or shall be treated with some type of a purification
device. The treated effluent may be discharged into a stream or body of water if it
conforms to the quality standards prescribe by the National Water and Air Pollution
Control Commission.
SECTION 77. Determination of Septic Tank Capacity
The septic tank capacity may be determined from the estimated unit flow
contained in Table I “Quantities of Sewage Flow,” based on adequate detention time
interval resulting in efficient sedimentation. Daily flow from mattered results, may be
used as estimated flow when available. For edifices with occupants, the number of
persons to be served shall be computed on the number of rooms with each room
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considered as occupied by two persons or on the basis of the actual number of persons
served by the tank, whichever is greater.
SECTION 78. Sanitary Privies
The privy recommended for use is the sanitary privy. It shall conform with the
following minimum requirements:
a. It shall consist of an earthen pit, a floor covering the pit, and a water-sealed bowl.
It shall be so constructed in order that fecal matter and urine will be deposited
into the earthen pit which shall be completely fly-proof.
b. The pit shall be at least one-meter square.
c. The floor should cover the pit tightly to prevent the entrance of flies. It shall be
constructed of concrete or other impervious material.
d. The water-sealed bowl shall be joined to the floor so as to form a water-tight and
insect proof joint.
e. A suitable building, shall be constructed to provide comfort and privacy for the
users of the privy.
f. Wooden floors and seat risers shall not be used.
SECTION 79. Drainage
a. Responsibility of cities and municipalities
It shall be the responsibility of all cities and municipalities to provide and
maintain in a sanitary state and in good repair a satisfactory system of drainage in
all inhabited areas where waste water from buildings and premises could empty
without causing nuisance to the community and danger to public health.
b. Connection to the municipal drainage system
Buildings or premises producing waste water shall be connected to the
municipal drainage system in all areas where it exists.
SECTION 80. Special Precaution for Radioactive Excreta and Urine of Hospitalized
Patient.
Patients given high doses of radioactive isotope for therapy should be given toilet
facilities separate from those used by “non-radioactive” patients. Radioactive patients
should be instructed to use the same toilet bowl at all times and to flush it at least 3 times
after its use.
Refuse Disposal
SECTION 81. Definition of Terms
As used in this Chapter, refuse is an inclusive term for all solid waste products
consisting of garbage, rubbish, ashes, night soil, manure, dead animals, street sweepings
and industrial wastes.
SECTION 82. Responsibility of Cities and Municipalities
Cities and municipalities shall provide an adequate and efficient system of
collecting, transporting and disposing refuse in their areas of jurisdiction in a manner
approved by the local health authority.
SECTION 83. Additional Requirements
a. Occupants of buildings and residences shall; provide a sufficient number of
receptacles for refuse. Refuse in receptacles shall be protected against vermin and
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b.
c.
d.
e.
other animals.
Refuse shall be disposed through a municipal collection service. If this service is
not available, disposal shall be by incineration, burying, sanitary landfill or any
method approved by the local health authority.
Refuse shall not be thrown in any street, sidewalk, yard, park or any body of water.
It shall be stored in a suitable container while awaiting its final disposal.
Streets shall be kept clean by occupants or owners of properties lining the street
from the line of the property to the middle of the street and from one property to
the other.
Parks, plazas and streets adjacent to public buildings shall be kept clean by the
local government concerned.
Nuisances and Offensive Trades and Occupations
SECTION 84. Definition of Terms
As used in this Chapter, the following terms shall mean and include:
a. Nuisance. Anything that injures health, endangers life, offends the senses or
produces discomfort to the community.
b. Offensive trades or occupations – These are the following:
1. Soap boiling;
2. Guts cleaning;
3. Boiling of offal, bones, fat or lard; *Permissible if process is performed in a
public slaughterhouse under prescribed regulations.
4. Manufacturing of glue or fertilizer;
5. Skin curing;
6. Scrap processing;
7. Manure storing;
8. Lime burning;
9. Lye making; and
10. Any manufacturing process in which lead, arsenic, mercury, phosphorous,
or other poisonous substance is used.
SECTION 85. Types of Nuisances
For the purpose of this Chapter, the following shall be considered nuisances:
a. Public or private premises maintained and used in a manner injurious to health;
b. Breeding places and harborages of vermin;
c. Animals and their carcasses which are injurious to health;
d. Accumulation of refuse;
e. Noxious matter or waste water discharged improperly in streets;
f. Animals stockage maintained in a manner injurious to health;
g. Excessive noise; and
h. Illegal shanties in public or private properties
SECTION 86. Responsibilities of Owners, Managers or Operators
The Owners, managers or operators of establishments shall:
a. Secure a sanitary permit from the local health authority before establishing and
operating their business or trade;
b. Remove daily all injurious by-products and wastes;
c. Prevent the escape of industrial impurities and adopt methods to render them
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innocuous; Maintain working establishments and their premises clean and
sanitary at all times;
d. Store all materials properly to prevent emission of noxious or injurious effluvia.
Pollution of the Environment
SECTION 87. General Provisions
For the purpose of this Chapter, the provisions of Republic Act No. 3931, the rules
and regulations of the National Water and Air Pollution Control Commission promulgated
in accordance with the provisions of Section 6(a) 2 of the said Act, the provisions of
Presidential Decree No. 480, and the rules and regulations of the Radiation Health Office
of the Department of Health shall be
applied and enforced.
SECTION 88. Authority of the Secretary.
The Secretary is authorized to promulgate rules and regulations for the control
and prevention of the following types of pollution:
a. Pollution of pesticides and heavy metals;
b. Pollution of food caused by chemicals, biological agents, radioactive materials, and
excessive or improper use of food additives;
c. Non-ionizing radiation caused by electronic products such as laser beams or
microwaves;
d. Noise pollution caused by industry, land and air transport and building
construction;
e. Biological pollutants including the causative agents of intestinal infections;
f. Pollution of agricultural products through the use of chemical fertilizers and plant
pesticides containing toxic chemical substances and unsanitary agricultural
practices; and
g. Any other type of pollution which is not covered by the provisions of Republic Act
3931, the Rules and Regulations of the National Water and Air Pollution Control
Commission, the provisions of Presidential Decree No. 480 and the rules and
regulations of the Radiation Health Office of the Department of Health which is
likely to affect community Health adversely.
Disposal of Dead Persons
SECTION 90. Burial Grounds Requirements
The following requirements shall be applied and enforced:
a. It shall be unlawful for any person to bury remains in places other than those
legally authorized in conformity with the provisions of this Chapter.
b. A burial ground shall at least be 25 meters distant from any dwelling house and
no house shall be constructed within the same distance from any burial ground.
c. No burial ground shall be located within 50 meters from either side of a river or
within 50 meters from any source of water supply.
SECTION 91. Burial Requirements.
The burial of remains is subject to the following requirements:
a. No remains shall be buried without a dead certificate. This certificate shall be
issued by the attending physician. If there has been no physician in attendance, it
shall be issued by the mayor, the secretary of the municipal board, or a councilor
of the municipality where the death occurred. The death certificate shall be
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b.
c.
d.
e.
f.
g.
h.
forwarded to the local civil register within 48 hours after death.
Shipment of remains abroad shall be governed by the rules and regulations of the
Bureau of Quarantine.
Graves where remains are buried shall be at least one and one-half meters deep
and filled well and firmly.
The cost of burial of a dead person shall be borne by the nearest kin. If the kin is
not financially capable of defraying the expenses or if the deceased had no kin, the
cost shall be borne by the city or municipal government.
The burial of remains in city or municipal burial grounds shall not be prohibited
on account of race, nationality, religion or political persuasion.
If the person who issues a death certificate has reasons to believe or suspect that
the cause of death was due to violence or crime, he shall notify immediately the
local authorities concerned. In this case the deceased shall not be buried until a
permission is obtained from the provincial or city fiscal. If these officials are not
available the permission shall be obtained from any government official
authorized by law.
Except when required by legal investigation or when permitted by the local health
authority, no unembalmed remains shall remain unburied longer than 48 hours
after death.
When the cause of death is a dangerous communicable disease, the remains shall
be buried within 12 hours after death. They shall not be taken to any place of
public assembly. Only the adult members of the family of the deceased may be
permitted to attend the funeral.
SECTION 92. Disinterment Requirements.
Disinterment of remains is subject to the following requirements:
a. Permission to disinter remains of persons who died of non-dangerous
communicable diseases may be granted after a burial period of three years.
b. Permission to disinter remains of person who died of dangerous communicable
diseases may be granted after a burial period of five years.
c. Disinterment of remains covered in paragraphs “a” and “b” of this Section may be
permitted within a shorter time than that prescribed in special cases, subject to
the approval of the Regional Director concerned or his duly authorized
representative.
d. In all cases of disinterment, the remains shall be disinfected and places in a
durable and sealed container prior to their final disposal.
SECTION 93. Funeral and Embalming Establishments.
These establishments are subject to the following requirements:
a. Scope of inclusion for the purposes of this Section, requirements prescribed
herein shall be applied and enforced to funeral chapels, embalming establishments
and morgues.
b. Sanitary permit. No establishment mentioned in the preceding paragraph shall be
operated without a sanitary permit issued by the Secretary or his duly authorized
representative. This permit shall be revoked in case of any violation of the
provisions of this Chapter and the rules and regulations promulgated by the
Secretary.
c. Classification. Funeral establishment shall be classified in three (3) categories
which are described as follows:
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1. Category I. Establishments with chapels, and embalming facilities and offering
funeral services.
2. Category II. Establishments with chapels and offering funeral services but
without embalming facilities.
3. Category III. Establishments offering only funeral services from the house of
the deceased to the burial ground.
d. Sanitary requirements
For funeral chapels.
The requirements prescribed for places of public assembly in this Code
shall be applied.
For embalming and dressing rooms
1. They should be constructed of concrete or semi-concrete materials with
sufficient space to accommodate five bodies at one time.
2. The floors and walls shall be made of concrete or other durable impervious
materials.
3. Ventilation and lighting should be adequately provided.
4. Embalming shall be performed on a table made of a single marble slab or
other equally impervious materials. It shall be so constructed that all
washings and body fluids shall flow to a drain connected to the waste piping
system of the building.
5. Embalming and assistants shall use rubber gloves when working.
6. Washing facilities with soaps, detergents and germicidal solutions shall be
provided for use of the following personnel.
SECTION 94. Licensing and Registration Procedures.
The licensing and registration of undertakers and embalmers are subject to the
following requirements:
a. Issuance of license to practice.
1. Any person who desires to practice undertaking or embalming shall be
licensed to practice only after passing an examination conducted by the
Department.
2. Licensed undertakers or embalmers shall practice undertaking or
embalming in accordance with requirements prescribed by the
Department.
3. Licensed undertakers or embalmers shall display their licenses
conspicuously in the establishments where they work.
b. Issuance of certificates of registration
1. An undertaker or embalmer shall apply annually for a registration
certificates and pay an annual registration fee of twenty-five pesos to the
Regional Health Office concerned.
2. The first registration certificate issued shall cover the period from the date
of issuance to the last day of the current year. Subsequent certificates shall
bear the date of January 1 of the year of issue and shall expire December
31 of the same year.
3. Certificates of registration shall be posed conspicuously in establishments
concerned.
c. Exemption
Government and private physicians may perform embalming without license and
registration certificates as exigencies require.
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SECTION 95. Autopsy and Dissection of Remains
The autopsy and dissection of remains are subject to the following requirements:
a. Person authorized to perform these are:
1. Health officers;
2. Medical officers of law enforcement agencies; and
3. Members of the medical staff of accredited hospitals.
b. Autopsies shall be performed in the following cases:
1. Whenever required by special laws;
2. Upon orders of a competent court, a mayor and a provincial or city fiscal;
3. Upon written request of police authorities;
4. Whenever the Solicitor General, provincial or city fiscal as authorized by
existing laws, shall deem it necessary to disinter and take possession of
remains for examination to determine the cause of death; and
5. Whenever the nearest kin shall request in writing the authorities
concerned to ascertain the cause of death.
c. Autopsies may be performed on patients who die in accredited hospitals subject
to the following requirements:
1. The Director of the hospital shall notify the next of kin of the death of the
deceased and request permission to perform an autopsy.
2. Autopsy can be performed when the permission is granted or no objection
is raised to such autopsy within 48 hours after death.
3. In cases where the deceased has no next of kin, the permission shall be
secured from the local health authority.
d. Burial of remains after autopsy
After an autopsy, the remains shall be interred in accordance with the
provisions in this Chapter.
SECTION 96. Donation of Human Organs for Medical, Surgical and Scientific
Purposes
Any person may donate an organ or any part of his body to a person, a physician,
a scientist, a hospital or a scientific institution upon his death for transplant, medical, or
research purposes subject to the following requirements:
a. The donation shall be authorized in writing by the donor specifying the recipient,
the organ or part of his body to be donated and the specific purpose for which it
will be utilized.
b. A married person may make such donation without the consent of his spouse.
c. After the death of a person the next of kin may authorize the donation of an organ
or any part of the body of the deceased for similar purposes in accordance with
the prescribed procedure.
d. If the deceased has no next of kin and his remains are in the custody of an
accredited hospital, the Director of the hospital may donate an organ or any part
of the body of the deceased in accordance with the requirement prescribed in this
Section.
e. A simple written authorization signed by the donor in the presence of two
witnesses shall be deemed sufficient for the donation of organs or parts of the
human body required in this Section, notwithstanding the provisions of the Civil
Code of the Philippines on matters of donation. A copy of the written
authorization shall be forwarded to the Secretary.
f. Any authorization granted in accordance with the requirements of this Section is
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binding to the executors, administrators, and members of the family of the
deceased.
SECTION 97. Use of Remains for Medical Studies and Scientific Research
Unclaimed remains may be used by medical schools and scientific institutions for
studies and research subject to the rules and regulations prescribed by the Department.
SECTION 98. Special Precautions for Safe Handling of Cadavers Containing
Radioactive Isotopes
a. Cadavers containing only traces (very small dose) of radioactive isotope do not
require any special handling precautions.
b. Cadavers containing large amounts of radioactive isotopes should be labelled
properly identifying the type and amount or radioactive isotopes present and
the date of its administration.
c. Before autopsy is performed, the Radiation Health Officer or his duly
authorized representative should be notified for proper advice. The
pathologist and/or embalmer should be warned accordingly of the
radioactivity of the cadaver so that radiation precautions can be properly
enforced.
d. Normal burial procedures, rules and regulations may be carried out on the
above-mentioned cadavers provided that their amount of radioactivity has
decayed to a safe level which will be determined by the Radiation Health
Officer or his authorized representative.
e. Cremation
If cremation is performed without autopsy, there is no handling
problem; otherwise, autopsy precautions should be strictly enforced.
Precautions should be taken to prevent any possible concentration of
radioactivity at the base of the stack of the crematorium.
Self-Help: You can also refer to the sources below to help you
further understand the lesson:
Engineering Laws of the Philippines with RELATED Laws. 1981.Rex Bookstore
Sanitation Code of the Philippines
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Let’s Check
Reading Assignment 1:
List 10 diseases associated with unsanitary conditions and classify them whether it is
under viral, bacterial or parasitic infection and the effects of these diseases to human
health.
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Let’s Analyze
Essay:
How important is sanitation in our daily functional lives?
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In a Nutshell
Reflection Paper:
Write a reflection paper about a scientific journal entitled “The Impact of
Sanitation on Infectious Disease and Nutritional Status: A systematic Review and MetaAnalysis” by Freeman, M. C, et. al (2017).
Procedural Format: Arial 12, Margin: 1.5’’ left, 1’’ right, top and bottom
Number of Words: 500-800 words (±10%)
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Schedule of Activities Week 6-7
This section calendars all the activities and exercises including readings and
lectures, as well as time for making assignments and doing other requirements in a
programmed schedule by days and weeks, to help the students in SDL pacing regardless
of mode of delivery (OBD or DED).
Activity
BIG PICTURE A: Let's Check Activity
BIG PICTURE A: Let’s Analyse Activity
BIG PICTURE A: In A Nutshell Activity
BIG PICTURE B: Let's Check Activity
BIG PICTURE B: Let's Analyse Activity
BIG PICTURE B: In A Nutshell Activity
BIG PICTURE C: Let's Check Activity
BIG PICTURE C: Let’s Analyse Activity
BIG PICTURE C: In A Nutshell Activity
BIG PICTURE D: Let's Check Activity
BIG PICTURE D: Let's Analyse Activity
BIG PICTURE D: In A Nutshell Activity
BIG PICTURE E: Let's Check Activity
BIG PICTURE E: Let's Analyse Activity
BIG PICTURE E: In A Nutshell Activity
Third Examination
Deadline
Sept. 22,2020
Sept. 22,2020
Sept. 22, 2020
Sept. 24, 2020
Sept. 24, 2020
Sept. 24, 2020
Sept. 26, 2020
Sept. 26,2020
Sept. 26, 2020
Sept. 29,2020
Sept. 29,2020
Sept. 29, 2020
Oct. 1, 2020
Oct. 1, 2020
Oct. 1, 2020
October 2, 2020
Where to Submit
Blackboard LMS
Blackboard LMS
BB’s Forum Feature
Blackboard LMS
Blackboard LMS
BB’s Forum Feature
Blackboard LMS
Blackboard LMS
BB’s Forum Feature
Blackboard LMS
Blackboard LMS
BB’s Forum Feature
Blackboard LMS
Blackboard LMS
BB’s Forum Feature
Blackboard LMS
NOTE: Please be aware of the deadline for the submission of the activities in this manual.
Further instructions will be given in your respective blackboard account.
References:
Republic Act 9003 (2000). Ecological Solid Waste Management Act of 2000 [PDF FILE]
Republic Act 8749 (1999). Philippine Clean Air Act of 1999
Republic Act 9275 (2004). Philippine Clean Water Act of 2004 [PDF FILE]
Republic Act 6969 (1990). Toxic Substances and Hazardous and Nuclear Waste Control Act
of 1990 [PDF FILE]
PD 856 (1975). Sanitation Code of the Philippines. [PDF FILE]
IRR of RA 9003(2000). Implementing Rules and Regulations of RA 9003. [PDF FILE]
IRR of RA 9275(2004). Implementing Rules and Regulations of RA 9275. [PDF FILE]
IRR of RA 8749(1999). Implementing Rules and Regulations of RA 8749. [PDF FILE]
IRR of RA 6969(1990). Implementing Rules and Regulations of RA 6969. [PDF FILE]
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BIG PICTURE IV
Week 8-9: Unit Learning Outcomes (ULO): At the end of the unit, you are expected to:
a. to understand standards to be implemented in a workplace with a long exposure to
noise hazards.
b. to know the rules and regulations to be implemented in a workplace to have a
healthy and safety working environment.
c. to understand the rules and regulations in Retail Trade Business
BIG PICTURE IN FOCUS: ULOa. to understand standards to be
implemented in a workplace with a long exposure to
noise hazards.
Metalanguage
Below are the essential terms that you are going to encounter in the pursuit of
understanding the standards that must be implemented in a workplace with long
exposure to noise hazards. You are strongly advised to frequently refer to these
definitions to help you understand the succeeding discussions.
Acoustic is the properties or qualities of a room or building that determine how sound is
transmitted in it.
Acoustic Trauma is an injury to the inner ear that’s often caused by exposure to a highdecibel noise. This injury can occur after exposure to a single, very loud noise or
from exposure to noises at significant decibels over a longer period of time.
Ceiling Limit is the upper boundaries of harmful substances or agents that a person
should not be exposed to.
Decibel is a unit to measure the intensity of a sound or the power level of an electrical
signal by comparing it with a given level on a logarithmic scale. In general, it is
the degree of loudness.
Dissipative Silencers utilize the flow resistance to reduce flow velocity. Dissipative
silencers reduce noise by preventing its generation by diffusing high-velocity
turbulent gas flow to a lower velocity turbulent flow which results to a lesser
noise level.
Noise Attenuation is the reduction of the force, effect, or value of a sound wave.
Noise Dose is the total sound exposure normalized to an 8-hour working day.
Noise Dosimeter is a specialized type of sound level meter that is used to measure
personal noise exposure levels.
Reactive Silencers primary function is to reflect the sound waves back to its source.
Energy is dissipated in the extended flow path resulting from internal reflections
and by absorption at the source.
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Recommended Exposure Limit (REL) is a numeric value defining the maximum
concentration or exposure level to a hazardous substance or condition that is
permitted in a workplace. RELs are set for hazards such as excessive noise,
chemical fumes, airborne particulates, and biological agents. The REL of each
hazard is used to ensure a safe working environment.
Retrofitting is the addition of new technology or features to an older system.
Time weighted average (TWA) is equal to the sum of the portion of each time period
multiplied by the level of the substance or agent during the time period divided
by the hours in the workday (usually 8-hours)
Tinnitus is the perception of noise or ringing in the ears.
Essential Knowledge
To perform the aforesaid big picture (unit learning outcomes), you need to
understand the necessary rules and regulation that are in need to be follow to have a
safe and conducive working environment safe from noise hazards will be laid down in
the succeeding pages. Please note that you are not limited to exclusively refer to
these resources. Thus, you are expected to utilize other books, research articles and
other resources that are available in the university’s library e.g. ebrary,
search.proquest.com etc.
Noise Standards
Noise, or undesirable sound, is one of the most widely recognized word related
perils in the Philippines Workplace. Exposure to significant levels of noise may cause
hearing misfortune, make physical and mental pressure, diminish efficiency, meddle
with correspondence, and add to mishaps and wounds by making it hard to hear notice
warning signals. Occupational noise can be any sound in any work environment. This
standard is designed to protect general industry workers, such as those working in the
manufacturing, utilities, and service sectors. The General Industry standard establishes
permissible noise exposures, requires the use of engineering and administrative
controls, and sets out the requirements of a hearing conservation program.
The National Institute for Occupational Safety and Health (NIOSH) recommends
the following standard for promulgation by regulatory agencies such as the
Occupational Safety and Health Administration (OSHA) and the Mine Safety and Health
Administration (MSHA) to protect workers from hearing losses resulting from
occupational noise exposure.
Recommended Exposure Limit (REL)
The NIOSH recommended exposure limit (REL) for occupational noise exposure
is 85 decibels, A-weighted, as an 8-hr time-weighted average (85 dBA as an 8-hr TWA).
Exposures at and above this level are considered hazardous.
OSHA sets legal limits on noise exposure in the workplace. These limits are based
on a worker’s time weighted average over an 8-hour day. With noise, OSHA’s
permissible exposure limit (PEL) is 90 dBA for all workers for an 8-hour day.
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Occupational standards specify a maximum allowable daily noise dose, expressed in
percentages. For example, a person exposed to 85 dBA per NIOSH or 90 dBA per OSHA
over an 8-hour work shift, will reach 100% of their daily noise dose. The noise dose is
based on both the sound exposure level and how long it lasts (duration) so for each
increase or 3-dB (NIOSH) or 5-dB (OSHA) in noise levels, the duration of the exposure
should be cut in half (this is what’s referred to as exchange rates in standards). The
following table illustrates the relationship between sound exposure levels and durations
for both NIOSH and OSHA.
Time to reach 100%
Noise Dose
8 hours
4 hours
2 hours
1 hours
30 minutes
15 minutes
Exposure level per
NIOSH REL
85 dBA
88 dBA
91 dBA
94 dBA
97 dBA
100 dBA
Exposure Level per
OSHA REL
90 dBA
95 dBA
100 dBA
105 dBA
110 dBA
115 dBA
Exposure Levels and Durations
Occupational noise exposure shall be controlled so that worker exposures are
less than the combination of exposure level (L) and duration (T), as calculated by the
following formula:
𝑇(min⁡) =
480
2(
𝐿−85
)
3
Where 3 = exchange rate
Time-weighted Average (TWA)
REL for an 8-hr work shift is a TWA of 85 dBA using a 3-decibel (dB) exchange
rate.
Daily Noise Dose
When the daily noise exposure consists of periods of different noise levels, the daily dose
(D) shall not equal or exceed 100, as calculated according to the following formula:
𝐶1 𝐶2 𝐶𝑛
+ + ) 100
𝑇1 𝑇2 𝑇𝑛
𝑤ℎ𝑒𝑟𝑒;⁡𝐶𝑛 = 𝑡𝑜𝑡𝑎𝑙⁡𝑡𝑖𝑚𝑒⁡𝑜𝑓⁡𝑒𝑥𝑝𝑜𝑠𝑢𝑟𝑒⁡𝑎𝑡⁡𝑎⁡𝑠𝑝𝑒𝑐𝑖𝑓𝑖𝑒𝑑⁡𝑛𝑜𝑖𝑠𝑒⁡𝑙𝑒𝑣𝑒𝑙
𝑇𝑛 = 𝑒𝑥𝑝𝑜𝑠𝑢𝑟𝑒⁡𝑑𝑢𝑟𝑎𝑡𝑖𝑜𝑛⁡𝑓𝑜𝑟⁡𝑤ℎ𝑖𝑐ℎ⁡𝑛𝑜𝑖𝑠𝑒⁡⁡𝑎𝑡⁡𝑡ℎ𝑖𝑠⁡𝑙𝑒𝑣𝑒𝑙⁡𝑏𝑒𝑐𝑜𝑚𝑒⁡ℎ𝑎𝑧𝑎𝑟𝑑𝑜𝑢𝑠
𝐷=(
The daily dose can be converted into an 8-hr TWA according to the following formula:
𝑇𝑊𝐴 = 10.0 (log
𝐷
) + 85
100
Combination of Noise Exposure Levels and Durations that NO WORKER exposure
shall equal or exceed.
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Duration, T
Exposure Level, L
(dBA)
Hours
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
25
20
16
12
10
8
6
5
4
3
2
2
1
1
1
-
Duration, T
Minutes Seconds
24
10
42
5
21
2
10
31
35
16
47
37
30
23
18
15
11
9
7
5
4
Exposure Level, L
(dBA)
Hours
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130-140
-
-
37
48
49
59
54
27
30
57
43
Daily Noise Dose as an 8-hr TWA
Dose %
dBA as 8hr TWA
Dose %
dBA as 8hr TWA
Dose %
dBA as 8hr TWA
20
30
40
50
60
70
80
90
100
78
79.8
81
82
82.8
83.5
84
84.5
85
2000
2500
3000
3500
4000
4500
5000
6000
7000
98
99
99.8
100.4
101
101.5
102
102.8
103.5
450000
500000
600000
700000
800000
900000
1000000
1100000
1200000
12.5
122
122.8
123.5
124
124.5
125
125.4
125.8
203
Minutes Seconds
3
2
2
1
1
1
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45
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22
53
29
11
56
45
35
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22
18
14
11
9
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6
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3
3
2
1
1
1
<1
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College of Engineering Education
2nd Floor, BE Building
Matina Campus, Davao City
Telefax: (082)296-1084
Phone No.: (082)300-5456/300-0647 Local 133
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85.4
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86.1
86.5
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87.3
88
89
89.8
90.4
91
91.5
92
92.4
92.8
93.1
93.5
93.8
94
94.5
95
95.2
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95.8
96.1
96.5
96.8
97
97.3
97.6
97.8
8000
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10000
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102
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116.1
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118
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119.8
120.4
121
1300000
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3000000
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10000000
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30000000
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126.1
126.5
127
127.6
128
128.4
128.8
129.1
129.5
129.8
130.4
131
131.5
132
132.8
133.5
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135
135.8
135.5
137
137.6
138
138.4
138.8
139
139.5
139.8
140.1
Ceiling Limit
Exposure to continuous, varying, intermittent, or impulsive noise shall not
exceed 140 dBA.
Hearing Loss Prevention Program
The employer shall institute an effective hearing loss prevention program (HLPP)
when any worker’s 8-hr TWA exposure equals or exceeds 85 dBA.
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Noise Exposure Assessment
The employer shall conduct a noise exposure assessment when any worker’s 8hr TWA exposure equals or exceeds 85 dBA. Exposure measurements shall conform to
the American National Standard Measurement of Occupational Noise Exposure, ANSI
S12.19-1996 [ANSI 1996a]. Noise exposure is to be measured without regard for the
wearing of hearing protectors.
Initial Monitoring
When a new HLPP is initiated, an initial monitoring of the worksite or of
noisy work tasks shall be conducted to determine the noise exposure levels
representative of all workers whose 8-hr TWA noise exposures may equal or
exceed 85 dBA. For workers remaining in essentially stationary, continuous noise
levels, either a sound level meter or a dosimeter may be used. However, for
workers who move around frequently or who perform different tasks with
intermittent or varying noise levels, a task-based exposure monitoring strategy
may provide a more accurate assessment of the extent of exposures.
Periodic Monitoring
If any worker’s 8-hr TWA exposure to noise equals or exceeds 85 dBA,
monitoring shall be repeated at least every 2 years. Monitoring shall be repeated
within 3 months of the occurrence when there is a change in equipment,
production processes, or maintenance routines. It may also be prudent to assess
noise exposures when work practices have changed and/or if workers are
developing significant threshold shifts.
Instrumentation
Instruments used to measure workers’ noise exposures shall be calibrated
to ensure measurement accuracy and, at a minimum, they shall conform to the
American National Standard Specification for Sound Level Meters, ANSI S1.41983 and S1.4A- 1985, Type 2 [ANSI 1983, 1985] or, with the exception of the
operating range, to the American National Standard Specification for Personal
Noise Dosimeters, ANSI S1.25-1991 [ANSI 1991a]. If a sound level meter is used,
the meter response shall be set at SLOW. In determining TWA exposures, all
continuous, varying, intermittent, and impulsive sound levels from 80 to 140 dBA
shall be integrated into the noise measurements.
Engineering and Administrative Controls and Work Practices
To the extent feasible, engineering controls, administrative controls, and work
practices shall be used to ensure that workers are not exposed to noise at or above 85
dBA as an 8-hr TWA. The use of administrative controls shall not result in exposing more
workers to noise.
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Hearing Protectors
Workers shall be required to wear hearing protectors when engaged in work that
exposes them to noise that equals or exceeds 85 dBA as an 8-hr TWA.* The employer
shall provide hearing protectors at no cost to the workers.
Hearing protectors shall attenuate noise sufficiently to keep the worker’s “realworld” exposure (i.e., the noise exposure at the worker’s ear when hearing protectors
are worn) below 85 dBA as an 8-hr TWA. Workers whose 8-hr TWA exposures exceed
100 dBA should wear double hearing protection (i.e., they should wear earplugs and
earmuffs simultaneously).
To compensate for known differences between laboratory-derived attenuation
values and the protection obtained by a worker in the real world, the labeled noise
reduction ratings (NRRs) shall be derated as follows:
1. earmuffs—subtract 25% from the manufacturers’ labeled NRR;
2. slow-recovery formable earplugs—subtract 50%; and
3. all other earplugs—subtract 70% from the manufacturers’ labeled NRR.
These derating values shall be used until such time as manufacturers test and
label their products in accordance with a subject-fit method such as method B of ANSI
S12.6-1997, American National Standard Methods for Measuring the Real-Ear
Attenuation of Hearing Protectors [ANSI 1997]. Chapter 6 (p. 62) describes methods for
using the NRR.
The employer shall train workers at least annually to select, fit, and use a variety
of appropriate hearing protectors. By making a variety of devices available and training
the workers in their use, the employer will substantially increase the likelihood that
hearing protector use will be effective and worthwhile.
Noise Exposure Controls
Noise controls should minimize or eliminate sources of noise; prevent the
propagation, amplification, and reverberation of noise; and protect workers from
excessive noise exposure. Ideally, the use of engineering controls should reduce noise
exposure to the point where the risk to hearing is significantly reduced or eliminated.
Engineering and administrative controls are essential to an effective hearing loss
prevention program. They are technologically feasible for most noise sources, but their
economic feasibility must be determined on an individual basis. In some instances, the
application of a relatively simple noise-control solution reduces the hazard to the extent
that the other elements of the program, such as audiometric testing and the use of
hearing protection devices, are no longer necessary. In other cases, the noise reduction
process may be more complex and must be accomplished in stages over a period of time.
Even so, with each reduction of a few decibels, the risk of hearing loss is reduced,
communication is improved, and noise-related annoyance is reduced.
The first step in noise control is to identify the noise sources and their relative
importance. This can be difficult in an industrial setting with many noise sources. It can
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be accomplished through several methods used together: obtain a frequency spectrum
from an octave band analyzer, turn various components in the factory on and off or use
temporary mufflers or enclosures to isolate noise sources, and probe areas close to
equipment with a sound level meter to pinpoint areas where sound is dominant. These
measures will aid in identifying the sound sources that affect workers the most and
should be prioritized when implementing noise controls. Once the noise sources have
been identified, it is possible to proceed in choosing an engineering control,
administrative control, or a form of personal protective equipment to reduce the noise
level if noise exposure is too high.
Hierarchy of Noise Controls
Occupational safety and health professionals use the hierarchy of control to
determine how to implement feasible and effective controls. This approach groups
actions by their likely effectiveness in reducing or removing the noise hazard.
Elimination or Substitution
In most cases, the preferred approach is to eliminate the source of
hazardous noise. When elimination is not possible, substitution of the loud
equipment for quieter equipment may be the next best alternative to protect
workers from hazardous noise. If the hazardous noise cannot be controlled
through elimination of the source or substitution of quieter equipment,
engineering controls may be installed to reduce noise to safer levels or remove
noise at the source.
Engineering Controls and Administrative Controls
To the extent feasible, engineering controls, administrative controls, and
work practices shall be used to ensure that workers are not exposed to noise at
or above 85 dBA as an 8-hour TWA. Engineering controls require physical
changes to the workplace such as redesigning equipment to eliminate noise
sources and constructing barriers that prevent noise from reaching a worker. If
engineering controls are not feasible, employers an explore potential
administrative controls, such as scheduling that will minimize exposure,
providing quiet and convenient lunch and break areas.
Personal Protective Equipment (PPE)
Usage of PPE such as ear plugs or other hearing protection devices, is the
last option in the hierarchy of control. PPE is generally less effective than
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elimination, substitution, and engineering controls because they rely on human
actions to reduce noise. Used in combination with other levels of control, such as
administrative controls, PPE may provide worker protection when engineering
controls do not adequately remove the noise hazard.
Noise Control Engineering
Much industrial noise can be controlled through simple solutions. It is important,
however, that all individuals administering abatement projects have a good
understanding of the principles of noise control and proper use of acoustical materials.
Industrial hygienists, safety professionals, facility engineers, and others can make
significant progress in reducing equipment noise levels and worker noise exposures by
combining their knowledge of acoustics with an understanding of the manufacturing
equipment and/or processes.
Reducing excessive equipment noise can be accomplished by treating the source,
the sound transmission path, the receiver, or any combination of these options.
Descriptions of these control measures follow.
2. Source Treatment
The best long-term solution to noise control is to treat the root cause of
the noise problem. For source treatment to be effective, however, a
comprehensive noise-control survey usually needs to be conducted to clearly
identify the source and determine its relative contribution to the area noise level
and worker noise exposure. At least four methods exist for treating the source:
modification, retrofit, substitution, and relocation.
a. Modification
For the most part, industrial noise is caused by mechanical
impacts, high-velocity fluid flow, high-velocity air flow, vibrating surface
areas of a machine, and vibrations of the product being manufactured.
Mechanical Impacts
To reduce noise caused by mechanical impacts, the modifications
outlined below should be considered. For any of these options to be
practical, however, they must not adversely affect production:
1.
2.
3.
4.
5.
6.
Reduce excessive driving forces.
Reduce or optimize speed.
Minimize distance between impacting parts.
Dynamically balance rotating equipment.
Maintain equipment in good working order.
Use vibration isolation when applicable.
High-Velocity Fluid Flow
High-velocity fluid flow can often create excessive noise as the
transported medium passes through control valves or simply passes
through the piping. Frequently, noise is carried downstream by the fluid,
and/or vibratory energy is transferred to the pipe wall. A comprehensive
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acoustical survey can isolate the actual noise source so that the
appropriate noise-control measures can be identified. When deemed
practical, some effective modifications for high velocity fluid-flow noise
include:
❖ Locate control valves in straight runs of pipe.
❖ Locate all L’s and T’s at least 10 pipe diameters downstream of a
valve.
❖ Ensure that all pipe cross-section reducers and expanders are at an
included angle of 15 to 20 degrees.
❖ Eliminate sudden changes of direction and influx of one stream
into another.
❖ Limit the fluid-flow velocity to a maximum of 30 feet per second
for liquids.
❖ Maintain laminar flow for liquids (keep the Reynolds Number less
than 2,000).
❖ When vibratory energy is transferred to the pipe wall, use flex
connectors and/or vibration isolation for the piping system and/or
acoustical insulation.
❖ When excessive noise in the fluid cannot be controlled by any of
the options above, install an in-line silencer.
High-Velocity Air Flow (Pneumatic or Compressed Air Systems)
One of the most common noise sources within manufacturing
equipment is pneumatic- or compressed-air-driven devices such as air
valves, cylinders, and solenoid valves. High-velocity air is also a major
contributor to worker noise exposure where hand-held air wands or guns
are used to remove debris from work areas.
Finally, compressed air nozzles are often used to eject parts from a
machine or conveyor line. All these forms of pneumatic systems generate
undesirable noise as the high-velocity air mixes with the atmospheric air,
creating excessive turbulence and particle separation. It is important to
note that the intensity of sound is proportional to the air flow velocity
raised to the 8th power. Therefore, as a source modification, it is
recommended that the air pressure setting for all pneumatic devices be
reduced or optimized to as low a value as practical. As a general guideline,
the sound level can be reduced by approximately 6 dBA for each 30#
reduction in air velocity. Additional noise controls for high-velocity air are
presented in the retrofit and relocation sections below.
Surface- or Panel-Radiated Noise
Machine casings or panels can be a source of noise when sufficient
vibratory energy is transferred into the metal structure and the panel is
an efficient radiator of sound. Typically, machine casings or large metal
surface areas have the potential to radiate sound when at least one
dimension of the panel is longer than one-quarter of the sound’s
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wavelength. Conducting a thorough noise-control survey will help in
identifying the source of vibration and in determining the existence of any
surface-radiated sound. When a machine casing or panel is a primary
noise source, the most effective modification is to reduce its radiation
efficiency. The following noise-control measures should be considered:
❖ Divide vibrating surface areas into smaller sections.
❖ Add stiffeners to large unsupported metal panels such as
rectangular ducts or large machine casing sections.
❖ Add small openings or perforations to large, solid surfaces.
❖ Use expanded metal, when practical, in place of thin metal panels.
❖ Add vibration damping material.
II.
Retrofit Products and Applications
A variety of commercially available acoustical products and applications
can be applied on or relatively close to noise sources to minimize noise. The
Noise and Vibration Control Product Manufacturer Guide should be consulted
for a partial list of the manufacturers of these products and applications. Specific
retrofit materials and/or applications include the following:
Vibration Damping
Vibration damping materials are an effective retrofit for
controlling resonant tones radiated by vibrating metal panels or surface
areas. In addition, this application can minimize the transfer of highfrequency sound energy through a panel. The two basic damping
applications are free-layer and constrained layer damping. Free-layer
damping, also known as extensional damping, consists of attaching an
energy-dissipating material on one or both sides of a relatively thin metal
panel. As a guide, free-layer damping works best on panels less than ¼inch thick.
For thicker machine casings or structures, the best application is
constrained-layer damping, which consists of damping material bonded
to the metal surface covered by an outer metal constraining layer, forming
a laminated construction. Each application can provide up to 30 dB of
noise reduction.
It is important to note that the noise reduction capabilities of the
damping application are essentially equal, regardless of which side it is
applied to on a panel or structure. Also, for practical purposes, it is not
necessary to cover 100# of a panel to achieve a significant noise reduction.
For example, 50# coverage of a surface area will provide a noise reduction
that is roughly 3 dB less than 100# coverage. In other words, assuming
that 100# coverage results in 26 dB of attenuation, 50# coverage would
provide approximately 23 dB of reduction, 25# coverage would produce
a 20-dB decrease, and so on.
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Next, for free-layer damping treatments, it is recommended that
the application material be at least as thick as the panel or base layer to
which it is applied. For constrained-layer damping, the damping material
again should be the same thickness as the panel; however, the outer metal
constraining layer may be half the thickness of the base layer.
Finally, just because a surface area vibrates, it is not safe to assume
it is radiating significant noise. If fact, probably less than 5# of all vibrating
panels produce sufficient airborne noise to be of concern in an
occupational setting. For damping materials to be successful, at a
minimum, the two following conditions must be satisfied (determine by a
comprehensive noise-control survey):
1. The panel being treated must be capable of creating high noise
levels in the first place.
2. The structure must be vibrating at one of its natural frequencies or
normal modes of vibration.
When selecting the right type of damping material, it is
recommended that the person making the decision refer to the expertise
of the product manufacturer or their designated representative(s).
Typically, the supplier will need to obtain specific information from the
buyer, such as the temperature and size of the surface area to be treated
and the substrate thickness. The supplier will then use the input data to
select the most effective product for the particular application. The
vendor can also provide the buyer with estimates of noise reduction and
costs for procuring the material. Some common applications for vibration
damping include:
Hopper bins and product chutes
Resin pellet transfer lines (provided they are metal pipe)
Thin metal machine casings or panels that radiate resonant tones
Metal panels being impacted by production parts (e.g., drop bins)
Metal enclosure walls
Fan and blower housings
Gear box casings (constrained-layer damping required for thick
substrates)
Vibration Isolation
❖
❖
❖
❖
❖
❖
❖
Most industrial equipment vibrates to some extent. Determining whether
or not the vibrating forces are severe enough to cause a problem is accomplished
through a comprehensive noise and/or vibration survey. As machines operate,
they produce either harmonic forces associated with unbalanced rotating
components or impulsive forces attributed to impacts such as punch presses,
forging hammers, and shearing actions. Excessive noise can be one result of the
vibratory energy produced; however, potential damage to the equipment itself,
the building, and/or the product being manufactured is more likely.
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Quite often, vibration problems are clearly identified by predictivemaintenance programs that exist within most industrial plants. Assuming that
the root cause or source cannot be effectively modified, the next option for
controlling undesirable vibration is to install vibration isolation. Isolators come
in the form of metal springs, elastomeric mounts, and resilient pads. These
devices serve to decouple the relatively “solid” connection between the source
and the recipient of the vibration. As a result, instead of the vibratory forces being
transmitted to other machine components or the building, they are readily
absorbed and dissipated by the isolators.
When selecting the appropriate isolation device(s), the person making the
decision should consider the expertise of trained professionals. It is critical to
note that improper selection and installation of isolators can actually make a
noise and vibration problem worse. Many manufacturers of vibration isolation
equipment have useful websites for troubleshooting problems and finding
solutions. Some common applications for vibration isolation are:
Pipe hangers
Heating, ventilation, and air conditioning (HVAC) equipment
Flex connectors for piping systems
Rotating machinery mounts and bases for electric motors, compressors,
turbines, fans, pumps, and other similar equipment
❖ Impact equipment such as punch presses, forging hammers or hammer
mills, and shearing presses
❖ Enclosure isolation
❖
❖
❖
❖
Silencers
Silencers are devices inserted in the path of a flowing medium, such as a
pipeline or duct, to reduce the downstream sound level. For industrial
applications, the medium typically is air. There are basically four types of
silencers: dissipative (absorptive), reactive (reflective), combination of
dissipative and reactive, and pneumatic or compressed air devices. The type of
silencer required will depend on the spectral content of the noise source and
operational conditions of the source itself.
Dissipative Silencers
Dissipative silencers use sound-absorbing materials to surround or
encompass the primary airflow passage. These silencers’ principal method of
sound attenuation is by absorption. The advantages and disadvantages of
dissipative silencers include:
Advantages:
➢ Very good medium-frequency (500-2,000 Hz) to high-frequency (>2,000
Hz) attenuation.
➢ Low-to-medium pressure loss.
➢ They are a standard design.
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Disadvantages:
➢ Poor low-frequency (<500 Hz) attenuation.
➢ Very sensitive to moisture and particulates in the air stream.
➢ They can be a difficult retrofit.
Reactive Silencers
Reactive silencers use sound reflections and large impedance changes
(area variations) to reduce noise in the airflow. The principal method of
attenuation is through sound reflection, which cancels and interferes with the
oncoming sound waves. The advantages and disadvantages of reactive silencers
include:
Advantages:
➢ Good low-frequency attenuation.
➢ Can be designed to minimize pure tones.
➢ Can be used in high-temperature and corrosive environments.
Disadvantages:
➢ Usually there is a high cost when fabricated from corrosion-resistant
materials.
➢ Sensitive to particulate and moisture contamination.
➢ Relatively narrow range of attenuation.
➢ High-to-medium pressure loss.
➢ They can be a difficult retrofit.
➢ They can be expensive because they are typically a custom design.
Combination of Dissipative and Reactive
The combination dissipative and reactive silencer is essentially a reactive
silencer with sound-absorption added to provide high-frequency attenuation
capabilities. The advantages and disadvantages are similar to those listed for
each type.
To determine which type of silencer is best for a particular application, a
trained professional should be consulted. The manufacturer or a designated
representative will need to work closely with the facility engineering
representative(s) to clearly identify all operational and physical constraints. The
Noise and Vibration Control Product Manufacturer Guide contains a partial list of
silencer manufacturers and their websites. Typical applications for silencers include:
➢
➢
➢
➢
➢
➢
High-pressure gas pressure regulators, air vents, and blow downs
Internal combustion engines
Reciprocating compressors
Centrifugal compressors
Rotary positive displacement blowers
Rotary vacuum pumps and separators
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➢
➢
➢
➢
Industrial fans
HVAC systems
Totally enclosed, fan-cooled electric motors
Gas turbines
Pneumatic or Compressed Air Silencers
In the earlier High-Velocity Air Flow section, it was mentioned that
pneumatic or compressed air is a very common noise source in manufacturing
plants. Assuming sufficient noise reduction cannot be achieved by optimizing the
air-pressure setting, the second step for controlling this class of noise source is
to use commercially available silencers.
For retrofitting pneumatic devices, selecting the appropriate silencer type
is critical for this control measure to succeed over time. If the source is a solenoid
valve, air cylinder, air motor, or some other device that simply exhausts
compressed air to the atmosphere, then a simple diffuser-type silencer will
suffice. The disadvantage of these types of devices is that they can cause
unacceptable back pressure. Therefore, when selecting a diffuser silencer, it is
important that the pressure-loss constraints for the particular application be
satisfied. All diffuser silencers can provide 15 to 30 dB of noise reduction.
For compressed air systems that perform a service or specific task, such
as ejecting parts or blowing off debris, a number of devices are available for
retrofit at the point of discharge. Another typical application for compressed air
is in blow-off guns or air wands. These tools come in a variety of sizes and shapes
and can generate noise levels of 90 dBA to 115 dBA, depending on the velocity of
the air and the surface area they contact. It is recommended that the Noise and
Vibration Control Product Manufacturer Guide be consulted for a list of available
suppliers. Usually, the manufacturer websites provide sufficient information and
self-help guidance to enable selection of the most appropriate device for retrofit.
It should be noted that silencers for pneumatic or compressed air systems
normally require routine inspection, maintenance, and/or replacement, as these
silencers will plug up with debris, be removed by operators, or occasionally
become damaged over time. If these devices are kept in good working order,
however, excessive high-velocity air noise in manufacturing facilities technically
should not be an issue.
The major problem with air guns is that, like other pneumatic or
compressed air systems used to drive and motivate machinery, equipment
operators will often increase the air pressure in an attempt to create more blowoff power. Earlier, in the High-Velocity Air Flow section, it was noted that the
intensity of noise is proportional to the 8th power of the air velocity.
Consequently, a higher-pressure setting will significantly increase the noise level.
In addition, when a compressed air silencer is installed on machines, many
operators will remove or suppress this device to maintain the perception of
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having the higher level of power to which they are accustomed, which is based
on their subjective assessment of the sound level. To prevent unnecessary or
unauthorized air adjustments by the process or equipment operators, airpressure regulators should be set and locked to ensure that they cannot be
modified without a supervisor’s consent, and operators should be educated and
trained in determining whether the power is adequate.
III.
Substitute for the Source
Another source treatment involves using alternative equipment or materials that
are inherently quieter yet still meet the production needs. This option is called
substitution for the source. Often, equipment manufacturers have alternative devices
that perform the same function at lower noise levels. These quieter devices typically cost
more, however, as they require tighter tolerances and more precision as they are
manufactured. Therefore, when applicable, it will be necessary for the user to determine
if the noise reduction benefit justifies the additional cost. The supplier’s or the
manufacturer’s website should be consulted to learn if quieter equipment is available
and at what additional cost. Examples where alternative and quieter equipment may
exist include:
➢
➢
➢
➢
➢
➢
➢
➢
Gears
Bearings
Fans or blowers
Control valves
Air compressors
Conveyors
Electric motors
Pumps
There might also be opportunities to replace equipment with different devices or
materials. Here, the user should investigate whether alternative and quieter ways exist
to accomplish the task or intended service. Where practical, examples of source
substitution include:
Using belt drives over gears.
Using belt conveyors instead of rollers.
Employing mechanical parts ejectors or pickups over compressed air.
Substituting quiet air nozzles for open-ended pipe or air lines.
Replacing omnidirectional fans on electric motors with unidirectional
aerodynamic fans.
➢ Substituting metal or steel parts with materials having high internal-damping
properties, such as wood, nylon, or stiff plastic components.
➢ Using perforated or mesh panels in place of solid panels.
➢
➢
➢
➢
➢
IV.
Relocation of the Source
Controlling noise by locating or relocating the source should be considered for
the design and equipment layout of new plant areas and for reconfiguring existing
production areas. A simple rule to follow is to keep machines, processes, and work areas
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of approximately equal noise level together, and separate particularly noisy and quiet
areas by buffer zones having intermediate noise levels. In addition, a single noisy
machine should not be placed in a relatively quiet, populated area. Reasonable attention
to equipment layout from an acoustical standpoint will not eliminate all noise problems,
but it will help minimize the overall background noise level and provide more favorable
working conditions. Here are some examples of source relocation:
➢ Rerouting all pneumatic or compressed air discharge ports from outside to the
inside of machine cabinets.
➢ Using pipe extensions to relocate pneumatic exhausts away from the immediate
area and into unoccupied spaces.
➢ Locating blowers (e.g., dust collectors, vacuum pumps) on the building roof or in
routinely unoccupied areas, and using extended ductwork to service
➢ the process or equipment of concern.
➢ Conducting reclaim or material scrap grinding in routinely unoccupied areas.
V.
Path Treatment
Assuming that all available options for controlling noise at the source have
been exhausted, the next step in the noise-control hierarchy is to determine ways
to treat the sound transmission path. Typical path treatments include adding
sound-absorption materials to the room or equipment surfaces, installing sound
transmission loss materials between the source and receiver(s), using acoustical
enclosures or barriers, or any combination of these treatments. A description of
each treatment option follows.
Sound-Absorption Materials
Sound-absorption materials are used to reduce the buildup of sound in
the reverberant field. The reverberant field exists at all locations where sound
waves reflect off relatively hard surfaces, such as walls, ceilings, or inside
enclosures, and then combine with the sound waves propagating directly from
the noise source. The added effect produces a higher noise level than the level
that would have existed in the absence of any reflecting surfaces.
A user must understand and apply the principles of room acoustics when
adding sound-absorbing materials to the walls and ceiling to reduce the noise
levels throughout the room. If a user installs sound absorption in a room without
putting any science behind the decision, then the likelihood of success will be
tenuous at best. Using sound absorption on a room’s surfaces has both
advantages and disadvantages:
Advantages:
➢ Provides a significant reduction in the reverberant sound buildup,
especially in pre-existing hard surface spaces.
➢ Works best in relatively small volume rooms or spaces (<10,000 ft
).
➢ Requires minimal maintenance after initial installation.
➢ Can be purchased and installed at a reasonable cost.
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➢ Works best on middle-to high-frequency noise.
Disadvantages:
➢ Room treatment does nothing to address the root cause of the
noise problem.
➢ Does not reduce noise resulting from direct sound propagation.
➢ The absorption can deteriorate over several years and may need
periodic replacement (perhaps every 7 to 10 years).
Rarely does this form of treatment eliminate the need for hearing
protection. Keep in mind that adding sound absorption to decrease the reflected
or reverberant noise in a room will do nothing to reduce the acoustical energy
propagating by direct line of sight from the source. Therefore, it is helpful for the
user to estimate what portion of a worker’s noise exposure comes from the direct
sound field and what percentage results from reverberant sound. When
reverberant noise is a major contributor to a worker’s daily noise exposure, then
adding sound-absorbing materials may be beneficial.
Sound Transmission Loss (TL) Materials
Sound TL materials are used to block or attenuate noise propagating
through a structure, such as the walls of an enclosure or room. These materials
are
typically heavy and dense, with poor sound transmission properties.
Common applications include barriers, enclosure panels, windows, doors, and
building materials for room construction.
All products sold for noise control should have a TL rating that is
determined by ASTM standard. It is important to note that TL rating varies with
frequency. TL values generally range from 20 to 60 dB, with the higher number
indicating superior attenuation properties. For TL values of common building
materials, consult Table 9.12 in The Noise Manual (AIHA, 2003, or latest edition).
Acoustical Enclosures
The acoustical enclosure is probably the most common path of treatment.
Quite often enclosures are used to address multiple noise sources all at once or
when there are no feasible control measures for the source. However, there are
a number of advantages and disadvantages associated with solid enclosures (no
acoustical leaks) that must be considered by the user.
Advantages:
Can provide 20 to 40 dB of noise reduction.
Can be installed in a relatively short time frame.
Can be purchased and installed at a reasonable cost.
Provides significant noise reduction across a wide range of
frequencies.
Disadvantages:
➢
➢
➢
➢
➢ Worker visual and physical access to equipment is restricted.
➢ Repeated disassembly and reassembly of the enclosure often results
in the creation of significant sound-flanking paths via small gaps and
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➢
➢
➢
➢
➢
openings
along the panel joints.
Heat buildup inside the enclosure can be problematic.
Internal lighting and fire suppression may need to be incorporated
into the design.
The long-term potential for internal surface contamination from oil
mist or other airborne particulates is high.
The panels become damaged or the internal absorption material
simply deteriorates over time.
Enclosures require periodic maintenance, such as replacement of seals
and gasket material, to keep the acoustical integrity at a high attenuation value.
Enclosures, both off-the-shelf and custom-design, are available from a number of
manufacturers listed in the Noise and Vibration Control Product Manufacturer
Guide. It can also be more cost-effective to build enclosures in-house by following
the Guidelines for Building Enclosures.
Acoustical Barriers
An acoustical barrier is a partial partition inserted between the noise
source and receiver, which helps block or shield the receiver from the direct
sound transmission path. For a partial barrier to be effective, it is critical that the
receiver be in the direct field, not the reverberant field. Should the worker’s
location be primarily in the reverberant field, then the benefit of the barrier will
be negligible.
The noise reduction provided by a barrier is a direct function of its relative
location to the source and receiver, its effective dimensions, and the frequency
spectrum of the noise source. The practical limits of barrier attenuation will
range from 15 to 20 dB. For additional details on calculating barrier insertion loss
or attenuation, the user should review some of the references, particularly The
Noise Manual (AIHA, 2003; or latest edition). Recommendations for acoustical
barrier design and location to maximize noise reduction capabilities include:
➢ The barrier should be located as close as practical to either or both the
source and receiver.
➢ The width of the barrier on either side of the noise source should be at
least twice its height (the wider the better).
➢ The height should be as tall as practical.
➢ The sound transmission loss of the panel should be at least 10 dB greater
than the estimated noise reduction of the barrier.
➢ The barrier should be solid and not contain any gaps or openings.
➢ The worker(s) being protected by the barrier should work primarily in
the direct sound field.
VI.
Receiver Treatment
The final control option involves reducing noise at the receiver. When
deemed practical, personnel shelters can be installed or the receiver can be
relocated to a relatively quiet area. It is important to keep in mind that worker
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noise exposure is a function of both the magnitude of noise and duration of
exposure. Therefore, receiver treatment works best in areas with high noise for
those job activities that are fairly stationary or confined to a relatively small area,
and where significant time is spent throughout the workday.
Worker Enclosures
Enclosures, or personnel shelters, can provide a cost-effective means for
lowering worker noise exposure instead of lowering equipment noise levels.
Control booths or rooms are commercially available from a number of
manufacturers. As a minimum requirement, all control rooms should maintain
an interior sound level lower than 80 dBA, which will minimize worker noise
exposure. Should there be a need to communicate with workers inside a control
room, however, then a better design criterion would be to limit sound levels to
60 dBA or less.
As mentioned above, for a personnel enclosure to work well, it is critical
that worker(s) spend a significant portion of their work shift in the shelter. The
amount of time needed inside the enclosure will depend on the magnitude of the
existing noise exposure. Noise Exposure Computation of the OSHA Occupational
Noise Exposure standard, 29 CFR 1910.95, can be used to help determine the
amount of time needed inside an enclosure to reduce noise exposures below
select target levels, such as a TWA of 90 dBA or 85 dBA.
𝑇𝑊𝐴 = 16.61 log(10) (
VII.
𝐷
) + 90
100
Relocation
Finally, if it is not essential for the worker to spend significant time in the
immediate vicinity of noisy equipment, then another option for reducing noise
exposure would be to relocate the worker to a quieter area, when practical. Quite
often, equipment operators will spend most of their time up close to the
production or process equipment, when in fact, they could stand back 5 to 7 feet,
where the sound level might be a few decibels less. For relocation to work,
however, it is critical that the worker still be able to perform the same job
function.
To help identify areas or zones where lower noise levels exist, a
comprehensive sound survey of the production area is recommended. It is also
valuable to plot the sound level data on an equipment layout or floor plan, then
add or draw contour lines of equal sound levels. This results in a noise contour
map, which is often useful because it provides a simple representation of the
sound field over a large area. Besides identifying regions of lower noise levels,
these maps may also be used to visually educate and train workers regarding
where hearing protection is mandatory, and as a tool for identifying hot spots for
potential noise controls.
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Effects of Excessive Occupational Noise Exposure
Workplace noise affects the human body in various ways. The most well-known
is hearing loss, but work in a noisy environment also can have other effects.
1. Auditory Effects
Although noise-induced hearing loss is one of the most common
occupational illnesses, it is often ignored because there are no visible effects. It
usually develops over a long period of time, and, except in very rare cases, there
is no pain. What does occur is a progressive loss of communication, socialization,
and responsiveness to the environment. In its early stages (when hearing loss is
above 2,000 Hz), it affects the ability to understand or discriminate speech. As it
progresses to the lower frequencies, it begins to affect the ability to hear sounds
in general.
The primary effects of workplace noise exposure include noise-induced
temporary threshold shift, noise-induced permanent threshold shift, acoustic
trauma, and tinnitus. A noise-induced temporary threshold shift is a short-term
decrease in hearing sensitivity that displays as a downward shift in the
audiogram output. It returns to the pre-exposed level in a matter of hours or
days, assuming there is not continued exposure to excessive noise.
If noise exposure continues, the shift can become a noise-induced
permanent threshold shift, which is a decrease in hearing sensitivity that is not
expected to improve over time. A standard threshold shift is a change in hearing
thresholds of an average of 10 dB or more at 2,000, 3,000, and 4,000 Hz in either
ear when compared to a baseline audiogram. Employers can conduct a followup audiogram within 30 days to confirm whether the standard threshold shift is
permanent. If workers experience standard threshold shifts, employers are
required to fit or refit the workers with hearing protectors, train them in the use
of the hearing protectors, and require the workers to use them.
The effects of excessive noise exposure are made worse when workers
have extended shifts (longer than 8 hours). With extended shifts, the duration
of the noise exposure is longer and the amount of time between shifts is shorter.
This means that the ears have less time to recover between noisy shifts. As a
result, short-term effects, such as temporary threshold shifts, can become
permanent more quickly than would occur with standard 8-hour workdays.
Tinnitus, or “ringing in the ears,” can occur after long-term exposure to
high sound levels, or sometimes from short-term exposure to very high sound
levels, such as gunshots. Many other physical and physiological conditions also
cause tinnitus. Regardless of the cause, this condition is actually a disturbance
produced by the inner ear and interpreted by the brain as sound. Individuals
with tinnitus describe it as a hum, buzz, roar, ring, or whistle, which can be short
term or permanent.
Acoustic trauma refers to a temporary or permanent hearing loss due to a
sudden, intense acoustic or noise event, such as an explosion.
2. Other Effects
Other consequences of excessive workplace noise exposure include
interference with communications and performance. Workers might find it
difficult to understand speech or auditory signals in areas with high noise levels.
Noisy environments also lead to a sense of isolation, annoyance, difficulty
concentrating, lowered morale, reduced efficiency, absenteeism, and accidents.
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In some individuals, excessive noise exposure can contribute to other
physical effects. These can include muscle tension and increased blood pressure
(hypertension). Noise exposure can also cause a stress reaction, interfere with
sleep, and cause fatigue.
As a general guideline, the work area is too noisy if a worker cannot make himself
understood without raising his/her voice while talking to a co-worker 3 feet away.
Self-Help: You can also refer to the sources below to help you further
understand the lesson:
United
States
Department
of
Labor
(n.d.)
https://www.osha.gov/SLTC/noisehearingconservation/
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Let’s Check
Activity 1:
Write a summary on how the researchers utilized the coconut fiber as a dissipative
silencer. The research paper is entitled “The application of Coconut Fiber as Dissipative
Silencer” by Madlan, M.A, et.al, (2017).
Procedural Format: Arial 12, 1.5’’ left, 1’’ right, top and bottom
Number of Words: 500-800 (±10%)
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Let’s Analyze
Activity 1:
What are the differences between a reactive silencer and dissipative silencer? Site
its advantages and disadvantages.
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In a Nutshell
Activity 1: Essay
Why is it important to follow the noise standards set by OSHA in a workplace? Site
examples.
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BIG PICTURE IN FOCUS: ULOb. to know the rules and regulations to be
implemented in a workplace to have a healthy and
safety working environment.
Metalanguage
Below are the essential terms that you are going to encounter in the pursuit of
understanding the implementing rules and regulations in a workplace to have a healthy
and safety working environment. You are strongly advised to frequently refer to these
definitions to help you understand the succeeding discussions.
Certified first-aider refers to any person trained and duly certified to administer first
aid by the Philippine Red Cross or any organization authorized by the Secretary of
Labor and Employment.
Competency Standards refer to industry-determined specifications of proficiency
required for effective work performance. These are expressed as outcomes with
focus on workplace activity rather than training or personal attributes, and the
ability to apply new skills in new situations or changing work organization.
Covered workplaces refer to establishments, projects, sites and all other places where
work is being undertaken wherein the number of employees, nature of operations,
and risks or hazards involved in the business, as determined by the Secretary of
Labor and Employment, require compliance with the provisions of this Rules.
Department of Labor and Employment (DOLE)-Accredited Training Organizations
refer to those which have been granted accreditation by DOLE pursuant to
Department Order No. 16, Series of 2001 and its subsequent regulations.
Employer refers to any person, natural or juridical, including the principal employer,
contractor or subcontractor, if any, who directly or indirectly benefits from the
services of the employee.
Equipment refers to any machine with engine or electric motor as prime mover.
General safety and health inspection refers to an examination of the work
environment, including the location and operation of machinery other than those
covered by technical safety audits, adequacy of work space, ventilation, lighting,
conditions of work environment, handling, storage or work procedures,
protection facilities and other possible sources of safety and health hazards in the
workplace.
High risk establishment refers to a workplace wherein the presence of hazard or
potential hazard within the company may affect the safety and/or health of
workers not only within but also persons outside the premises of the workplace.
There is high level of exposure to safety and health hazards, and probability of a
major accident resulting to disability or death or major illness is likely to occur if
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no preventive or control measures are in place. The following are workplaces
commonly associated with potentially high-risk activities:
1. Chemical works and chemical production plants;
2. Construction;
3. Deep sea fishing;
4. Explosives and pyrotechnics factories;
5. Firefighting;
6. Healthcare facilities;
7. Installation of communication accessories, towers and cables;
8. LPG filling, refilling, storage and distribution;
9. Mining;
10. Petrochemical and biofuel works and refineries;
11. Power generation, transmission and distribution in the energy sector;
12. Storage, handling, and distribution center for toxic or hazardous
chemicals;
13. Storage and handling of fertilizers in high volume;
14. Transportation;
15. Water supply, sewerage, waste management, remediation activities;
16. Works in which chlorine is used in bulk; and
17. Activities closely similar to those enumerated above and other
activities as determined by DOLE in accordance with existing issuances
on the classification of establishments.
Imminent danger refers to a situation caused by a condition or practice in any place of
employment that could reasonably be expected to lead to death or serious physical
harm.
Risk establishment refers to a workplace where there is low level of danger or exposure
to safety and health hazards and not likely or with low probability to result in
accident, harm or injury, or illness.
Medium risk establishment refers to a workplace where there is moderate exposure to
safety and health hazards and with probability of an accident, injury or illness, if
no preventive or control measures are in place.
Micro and Small Enterprises (MSES) refers to establishments employing less than ten
(10) employees, and the establishments employing less than one hundred (100)
employees, respectively, regardless of capitalization.
Occupational Health (OH) Personnel refer to a qualified first-aider, nurse, dentist or
physician engaged by the employer to provide occupational health services in the
establishment, project, site or workplace.
Occupational Safety and Health (OSH) consultant refers to a qualified Safety Officer 4
or its equivalent, duly certified by DOLE to perform and/or render consultative
services on occupational safety and health in at least two (2) fields of
specialization as determined by DOLE.
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Occupational Safety and Health (OSH) practitioner refers to a qualified Safety Officer
3 or its equivalent, duly certified by DOLE to render occupational safety and health
services in a defined and specific scope or core competency.
Occupation Safety and Health (OSH) standards refer to a set of rules issued by DOLE
which mandates the adoption and use of appropriate practices, means, methods,
operations or processes, and working conditions reasonably necessary to ensure
safe and healthful employment.
Personal protective equipment (PPE) refers to a specialized clothing or equipment
designed to protect workers against safety and health hazards that may cause
serious workplace injuries and illnesses, i.e., protection for the body, eyes, head,
face, hands, feet, ears, etc.
Safety and Health Audit refers to a regular and critical examination of project sites,
safety programs, records, and management performance on program standards
on safety and health conducted by the safety officer.
Safety and Health Committee refers to a body created within the workplace tasked with
the authority to plan, develop and implement OSH policies and programs, monitor
and evaluate the OSH program, and inspect and investigate all aspects of the work
pertaining to the safety and health of workers.
Safety and Health program refers to a set of detailed rules to govern company policies,
processes and practices in all economic activities to conform with OSH standards,
including the personnel responsible, and penalties for any violation thereof.
Safety officer refers to any employee or officer of the company trained by DOLE or DOLEAccredited Training Organization and tasked by the employer to implement an
OSH program, and ensure that it is in accordance with the provisions of OSH
standards.
Safety Officer 1 (S01) refers to an employee who has completed the mandatory eight
(8)-hour OSH orientation course as prescribed in the OSH standards and two (2)hour trainers’ training.
Safety Officer 2 (S02) refers to an employee who has completed the mandatory forty
(40)-hour OSH training course applicable to the industry as prescribed in the OSH
standards.
Safety Officer 3 (S03) refers to an employee who has completed the mandatory forty
(40)-hour OSH training course applicable to the industry, additional forty-eight
(48) hours of advanced/specialized occupational safety training course relevant
to the industry, relevant experience in OSH for at least two (2) years, and other
requirements as prescribed in the OSH standards. Qualified SO3 shall be eligible
for certification as OSH practitioner.
Safety Officer 4 (S04) refers to an employee who has completed the mandatory forty
(40)-hour OSH training course applicable to the industry, additional eighty (80)
hours of advanced/specialized occupational safety training course relevant to the
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industry, an aggregate of three hundred twenty (320) hours of OSH related
training or experience, an actual experience as S03 for at least four (4) years, and
other requirements as prescribed by the OSH standards. Additional training may
be converted to years of experience where eighty (80) hours of training may equal
to one (1) year of experience and vice versa. Qualified SO4 shall be eligible for
certification as OSH consultant.
Safety signage refers to any emergency, warning or danger signpost or any safety
instruction using the standard colors and sizes, including the standard symbols
for safety inspections and warnings in the workplace, prescribed by DOLE in
accordance with the OSH standards.
Workplace refers to any site or location where workers need to be present or to go to by
reason of their work, and which are under the direct or indirect control of the
employer, including, but not limited to, work areas, employee lounges and
restrooms, conference and classroom spaces, employee cafeterias, hallways and
emergency access.
Worker refers to any member of the labor force, regardless of employment status.
Workers ‘ OSH Seminar refers to the mandatory eight (8)-hour module conducted by
the safety officer of the workplace as prescribed by the OSH standards.
Essential Knowledge
To perform the aforesaid big picture (unit learning outcomes), you need to
understand the necessary rules and regulation that are in need to be follow in the to
have a safe and healthy working environment will be laid down in the succeeding
pages. Please note that you are not limited to exclusively refer to these resources.
Thus, you are expected to utilize other books, research articles and other resources
that are available in the university’s library e.g. ebrary, search.proquest.com etc.
Implementing Rules and Regulations of RA 11058 – An Act Strengthening
Compliance with Occupational Safety and Health Standards and Providing
Penalties for Violations Thereof
Pursuant to Section 32 of Republic Act No. 11058 or An Act Strengthening
Compliance with Occupational Safety and Health Standards and Providing Penalties for
Violations Thereof, the following implementing rules and regulations are hereby issued:
CHAPTER I
DECLARATION OF POLICY
Section 1. Declaration of Policy
The State affirms labor as a primary social and economic force, and that a safe
and healthy workforce is an integral aspect of nation building.
The State shall ensure a safe and healthful workplace for all working people by
affording them full protection against all hazards in their work environment. It shall
ensure that the provisions of the Labor Code of the Philippines, all domestic laws, and
internationally-recognized standards on occupational safety and health are being fully
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enforced and complied with by the employers, and it shall provide penalties for any
violation thereof.
The State shall protect every worker against injury, sickness or death through
safe and healthful working conditions thereby assuring the conservation of valuable
manpower resources and the prevention of loss or damage to lives and properties
consistent with national development goals, and with the State’s commitment to the
total development of every worker as a complete human being.
The State, in protecting the safety and health of the workers, shall promote strict
but dynamic, inclusive, and gender-sensitive measures in the formulation and
implementation of policies and programs related to occupational safety and health.
CHAPTER II GENERAL PROVISIONS
Section 2. Coverage
This Rules shall apply to all establishments, projects and sites, and all other
places where work is being undertaken in all branches of economic activity, including:
a. Establishments located inside special economic zones and other
investment promotion agencies (e.g., Philippine Economic Zone Authority
[PEZA], Clark Development Corporation (CDC);
b. Utilities engaged in air, sea, and land transportation; and
c. Industries such as mining, fishing, construction, agriculture, and
maritime.
This Rules shall also cover contractors and subcontractors including those
engaged in the projects of the public sector. Workers of contractors and subcontractors
should follow the OSH policy and program of the establishment where they are assigned.
This Rules does not apply to the public sector such as national government
agencies, government-owned and controlled corporations with original charters,
government financial institutions, state universities and colleges and local government
units which shall be governed by appropriate rules and regulations issued by the Civil
Service Commission and other government agencies.
CHAPTER III
DUTIES AND RIGHTS OF EMPLOYERS, WORKERS AND OTHER PERSONS
Section 4. Duties of Employers, Workers and Other Persons
a. Duties of Employers
Every employer, contractor or subcontractor, if any, and any person who
manages, controls or supervises the work being undertaken shall:
1. Equip a place of employment for workers free from hazardous
conditions that are causing or are likely to cause death, illness or
physical harm to the workers;
2. Provide complete job safely instructions and proper orientation to
all workers including, but not limited to, those relating to
familiarization with their work environment;
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3. Ensure that, so for as is reasonably practicable, the chemical,
physical and biological substances and agents, and ergonomic and
psychosocial stresses under their control are without risk to health
when the appropriate measures of protection are taken;
4. Use only approved specific industry set of standards of devices and
equipment for the workplace, as applicable;
5. Comply with OSH standards including training, medical
examination, and when necessary, provisions on protective and
safety devices such as PPE and machine guards. Training for
workers shall include health promotion, hazards associated with
their work, health risks involved or to which they are exposed to,
preventive measures to eliminate or minimize risks, steps to be
taken in cases of emergency, and safety instructions for the jobs,
activities and tasks to be handled by workers;
6. Make arrangements for workers and their representatives to have
the time and resource to participate actively in the processes of
organizing, planning and implementation, monitoring, evaluation
and action for improvement of the OSH management system;
7. Provide, when necessary, for measures identifying trainings and
drills, evacuation plans, etc., to deal with emergencies, fires and
accidents including first-aid arrangements;
8. Comply with all reportorial requirements of the OSH standards; and
9. Register establishment to DOLE as provided under the OSH
standards,
b. Duties of Workers
Every worker, in order to ensure compliance with OSH standards shall:
1. Participate in capacity building activities on safety and health and other
OSH related topics and programs;
2. Proper use of all safeguards and safety devices furnished for workers’
protection and that of others;
3. Comply with instructions to prevent accidents or imminent danger
situations in the workplace;
4. Observe prescribed steps to be taken in cases of emergency including
participation in the conduct of national or local disaster drills; and
5. Report to their immediate supervisor or any other responsible safety and
health personnel any work hazard that may be discovered in the
workplace.
c. Duties of Other Persons
Any other person, including the builder or contactor who visits, builds,
renovates or installs devices or conducts business in any establishments or
workplace, shall comply with the provisions of this Rules and all other
regulations issued by the Secretary of Labor and Employment.
Whenever two (2) or more undertakings are engaged in activities
simultaneously in one (I) workplace, it shall be the duty of all concerned to
collaborate and cooperate to ensure compliance with OSH standards and
regulations.
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Section 5. Workers’ Right to Know
The right to safety and health at work shall be guaranteed. All workers shall be
appropriately informed by the employer about all types of hazards in the workplace, and
be provided access to training, education, and orientation on chemical safety, electrical
safety, mechanical safety, ergonomics, and other hazards and risks.
All workers, including new hires, shall be provided training and information for
all types of hazards in the workplace in a language and dialect that workers can
understand. Training and information materials used shall be made readily available
and accessible to workers.
A re-orientation on safety and health for workers in high risk establishments
must be conducted regularly, not less than once a quarter, and to be conducted
immediately following any changes in the operations and production process.
Section 6. Workers’ Right to Refuse Unsafe Work
The worker has the right of refusal to work without threat or reprisal from the
employer if, as determined by DOLE, an imminent danger situation exists. As a
preventive measure, the safety officer may, following his/her own determination and
without fear of reprisal, implement a work stoppage or suspend operations in cases of
imminent danger. The employer, safety officer or worker shall immediately notify the
DOLE that an imminent danger situation exists in the workplace.
The employer or safety officer cannot require the workers to return to work
where there is a continuing imminent danger. A worker may also refuse to work until
the lifting of the Work Stoppage Order (WSO) after implementing the appropriate
corrective measures.
Workers affected by the existence of an imminent danger situation may be
temporarily assigned to other areas within the workplace provided there is no
impending issue with safety and health. Section 24 of this Rules shall apply during the
period of such WSO or suspension of operations due to an imminent danger situation.
Section 7. Workers’ Right to Report Accidents
Workers and their representatives shall have the right to report accidents,
dangerous occurrences, and hazards to the employer, to DOLE and to other concerned
competent government agencies. They shall be free from any form of retaliation for
reporting of any accident.
Reporting of accidents to DOLE may be made through any means of
communication, including the DOLE hotline, whichever is most convenient to the
worker. The same may be reported to the nearest DOLE Regional, Field, Provincial or
Satellite Office having jurisdiction over the place of the incident.
Section 8. Workers’ Right to Personal Protective Equipment (PPE)
Every employer, contractor or subcontractor, if any, shall provide his/her
workers, free of charge, PPE for any part of the body that may be exposed to hazards,
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and lifeline, safety belt or harness, gas or dust respirators or masks, and protective
shields whenever necessary by reason of the hazardous work process or environment,
chemical, radiological, mechanical, and other irritants or hazards capable of causing
injury or impairment in the function of any part of the body through absorption,
inhalation or physical contact. The cost of PPE shall be part of the safety and health
program which is a separate pay item pursuant to Section 21 of this Rules.
All PPE shall be of the appropriate type as tested and approved by the DOLE
based on its standards and/or other means of verification. The usage of PPE in all
establishments, projects, sites and all other places where work is being undertaken shall
be based on the evaluation and recommendation of the safety officer as a result of the
workplace hazard assessment.
All PPE must be of appropriate size, weight, and type to specific workers exposed
to hazards from which PPE are meant to ensure effective protection. Issuance of PPE
shall be supplemented by training on the application, use, handling, cleaning and
maintenance of said PPE in accordance with the manufacturer’s recommendations.
Failure to provide appropriate PPE in high risk activities shall give rise to the
right of the worker to refuse unsafe work.
Section 9. Safety Signage and Devices
All establishments, projects, sites and all other places where work is being
undertaken shall have safety signage and devices to warn the workers and the public of
the hazards in the workplace. Safety signage and devices shall be posted in prominent
positions at strategic locations in a language understandable to all, and in accordance
with the OSH standards on color of signs for safety instructions and warnings, Globally
Harmonized System (GHS) pictograms, construction safety, classification and labelling
of chemicals, radiation, safety instructions and warning signs, set by DOLE. All signage
shall also be of appropriate quality to ensure their legibility.
Section 10. Safety in the Use of Equipment
In relation to the use of equipment, such as but not limited to, earth moving
equipment, heavy duty equipment, materials handling equipment, and construction
equipment, the employer, contractor or subcontractor, if any, must comply with the OSH
standards set by DOLE on safety and use of such equipment in the different phases of
the company or project operation including the transport to and from the establishment,
project, site or place where work is being undertaken.
Appropriate training and certification by the Technical Education and Skills
Development Authority (TESDA), Professional Regulation Commission (PRC) or other
concerned government agency shall be a requirement for operators before use of
equipment, if applicable. Trainings provided by international organizations or suppliers
if not locally available, shall be recognized by the DOLE.
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Section 11. Occupational Safety and Health Information
The employer, contractor or subcontractor, if any, shall provide the workers in
all establishments, projects, sites and all other places where work is being undertaken
adequate and suitable information on the following:
a. Workplace hazards and the risk posed on the safety and health of the workers
such as chemical safety data sheets;
b. Control mechanisms in place that reduces or minimizes the risk of exposure to
hazards and other preventive strategies (e.g., training on specific hazards,
medical monitoring tests, immunization and control of lifestyle-related
diseases);
c. Appropriate measures, including the probable location of workers, for the
prevention, control and protection against those hazards; and
d. Emergency and disaster management protocols including proper evacuation and
shut-down procedures.
e. Information materials shall be revised regularly by the OSH committee.
CHAPTER IV COVERED WORKPLACES
Section 12. Occupational Safety and Health (OSH) Program
Covered workplaces shall develop and implement a suitable OSH program in a
format prescribed by DOLE which shall be posted in prominent places.
a. For establishments-with less than ten (10) workers and low risk establishments
with ten (10) to fifty (50) workers. — The OSH program, which shall be duly
signed by the employer, must include at least the following:
1. Company commitment to comply with OSH requirements;
2. General safety and health programs, including:
❖ Safety and health hazard identification, risk assessment and control
(HIRAC),
❖ Medical surveillance for early
detection
and
management of occupational and work-related diseases, and
❖ First aid and emergency medical services;
3. Promotion of the following health domains:
❖ Drug-free workplace (RA 9165),
❖ Mental health services in the workplace (RA 11036), and
❖ Healthy lifestyle
4. Prevention and control of the following health domains:
❖ Human Immunodeficiency Virus and Acquired Immune Deficiency
Syndrome (RA 8504),
❖ Tuberculosis (EO 187-03), and
❖ Hepatitis B (DOLE DA 05-2010);
5. Complete company or project details;
6. Composition and duties of the OSH committee;
7. OSH personnel and facilities;
8. Safety and health promotion, training and education, including:
❖ Orientation of all workers on OSH, and
❖ Conduct of risk assessment, evaluation and control;
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9. Conduct of toolbox or safety meetings and job safety analysis, if
applicable;
10. Accident/incident/illness investigation, recording and reporting;
11. Provision and use of PPE;
12. Provision of safety signage;
13. Provision of workers’ welfare facilities;
14. Emergency and disaster preparedness and mandated drills;
15. Solid waste management system; and
16. Control and management of hazards.
b. For medium to high risk establishments with ten (10) to fifty (50) workers and
low to high risk establishments with fifty-one (51) workers and above. The OSH
program, which shall be duly signed by the employer, must include at least the
following:
1. Company commitment to comply with OSH requirements;
2. General safety and health programs including:
❖ Safety and health hazard identification, risk assessment and control
(HIRAC),
❖ Medical surveillance for
early detection
and
management of occupational and work-related diseases, and
❖ First aid and emergency medical services;
3. Promotion of the following health domains:
❖ Drug-free workplace (RA 9165),
❖ Mental health services in the workplace (RA 11036), and
❖ Healthy lifestyle;
4. Prevention and control of the following health domains:
❖ Human Immunodeficiency Virus and Acquired Immune Deficiency
Syndrome (RA 8504),
❖ Tuberculosis (EO 187-03), and
❖ Hepatitis B (DOLE DA 05-2010);
5. Complete company or project details;
6. Composition and duties of the OSH committee;
7. OSH personnel and facilities;
8. Safety and health promotion, training and education, to include the
following:
❖ Orientation of all workers on OSH
❖ Conduct of risk assessment, evaluation and control
❖ Continuous training on OSH of OSH personnel, and
❖ Work Permit System such as working at height, working at confined
space, hot works, and other related activities;
9. Conduct of toolbox or safety meetings and job safety analysis;
10. Accident/incident/illness investigation, recording and reporting;
11. Provision and use of PPE;
12. Provision of safety signage;
13. Dust control and management, and regulations on activities such as
building of temporary structures, and lifting and operation of electrical,
mechanical, communications system, and other equipment;
14. Provision of workers’ welfare facilities;
15. Emergency and disaster preparedness and response plan to include the
organization and creation of disaster control groups, business continuity
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plan, and updating the hazard, risk and vulnerability assessment, as
required;
16. Solid waste management system;
17. Control and management of hazards;
18. Prohibited acts and penalties for violations; and
19. Cost of implementing company OSH program.
The DOLE shall prescribe a format that should be accomplished fully by the
employer, contractor or subcontractor, if any, in consultation with the workers and their
representatives.
The OSH program shall be communicated and be made readily available to all
persons in the workplace. It shall be updated periodically whenever the DOLE, other
regulatory or government agencies and institutions promulgate new rules, guidelines
and other issuances related to workers’ safety and health.
The establishment shall ensure that the core elements of OSH program are
integrated in the company OSH program such as management commitment and
employee involvement, workplace risk assessment, hazard prevention and control,
safety and health training and education, and OSH program evaluation.
The establishment shall submit a copy of the OSH program to the DOLE Regional,
Provincial, Field or Satellite Office having jurisdiction over the workplace. A duly signed
company commitment to comply OSH requirements together with the company OSH
program using the prescribed template shall be considered approved upon submission
EXCEPT for Construction Safety and Health Program which shall need approval by DOLE
prior to construction.
OSH programs in the pre-approved template may be modified by DOLE as
necessary based on existing laws, rules and regulations, and other issuances or upon
validation of the program during inspection. If there is a modification made by the
company, the company shall submit a revised copy of the OSH program to DOLE.
The company shall review and evaluate the OSH program at least once a year or
as necessary, to ensure that its objectives are met towards an improved safety and
health performance.
Section 13. Occupational Safety and Health Committee
To ensure that the safety and health program is observed and enforced, a safety
and health committee shall be organized in covered workplaces.
a. For establishments with less than ten (10) workers and low risk establishments
with ten (10) to fifty (50) workers. — A Sol shall establish an OSH committee
composed of the following:
1. Chairperson Secretary Member
2. Company owner or manager
3. Safety officer of the workplace
4. At least one (1) worker, preferably a union member if organized
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The safety officer of the workplace may also be the owner, manager or
his/her designated representative. The company owner, manager or one of the
workers of the company shall undertake first aid training from the Philippine Red
Cross or any DOLE recognized organization.
b. For medium to high risk establishments with ten (10) to fifty (50) workers and
low to high risk establishments with fifty-one (5l) workers and above. — The
OSH committee of the covered workplace shall be composed of the following:
Ex-officio chairperson
Secretary
Ex-officio members
:
:
:
Members
:
Employer or his/her representative
Safety Officer of the Workplace
Certified first-aider, OH nurse, OH dentist, and
OH physician, as applicable
Safety officers representing the contractor or
subcontractor, as the case may be, and
representative/s of workers who shall come from the
union, if the workers are organized, or elected
workers through a simple vote of majority, if they are
unorganized Safety officers representing the
contractor or subcontractor, as the case may be,
and representative/s of workers who shall come from
the union, if the workers are organized, or elected
workers through a simple vote of majority, if they are
unorganized
The OSH committee shall effectively plan, develop, oversee and monitor
the implementation of the OSH program.
c. For two (2) or more establishments housed under one building or complex
including malls. When two or more establishments are housed under one
building or complex, the health and safety committee organized in each
workplace shall form themselves into a Joint Coordinating Committee to plan and
implement programs and activities concerning all the establishments. The Joint
Coordinating Committee shall be composed of the following:
Chairperson
:
Secretary
:
Members
:
Building owner or his/her representative such as
the building administrator
Safety officer of the building or complex
appointed by the Chairperson
At least two safety officers from any of the
establishment housed under one building or
complex
At least two workers’ representatives, one of
which must be from a union if organized, from
any of the establishment housed under one
building or complex
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The building administrator shall ensure that the Joint OSH committee shall
submit its organizational plans and minutes to the DOLE Regional office, copy furnished
the Bureau of Working Conditions.
Section 14. Safety Officer
In the implementation of OSH program, safety officers shall be employed or
designated with the following duties and responsibilities:
a. Oversee the overall management of the OSH program in coordination with the
OSH committee;
b. Frequently monitor and inspect any health or safety aspect of the operation
being undertaken with the participation of supervisors and workers;
c. Assist government inspectors in the conduct of safety and health inspection at
any time whenever work is being performed or during the conduct of an
accident investigation by providing necessary information and OSH reports as
required by the OSH standards; and
d. Issue Work Stoppage Order (WSO) when necessary based on the requirements
and procedures provided by the OSH standards.
Safety officer/s of all workplace must possess the necessary training and
experience requirement according to its category as contained herein. The respective
qualifications of safety officers are as follows:
Category
Safety Officer 1
(SOI)
Safety Officer 2
(SO2)
Safety Officer 3
(SO3)
Prescribed Training on OSH
(a) Mandatory eight (8)-hour OSH orientation
course AND
(b) Two (2)-hour trainers’ training
Mandatory forty (40)-hour basic OSH training
course applicable to the industry
(a) Mandatory forty (40)-hour basic OSH
training course applicable to the industry;
(b) Additional forty-eight (48) hours of
advanced/specialized occupational safety
training course relevant to the industry;
AND
(c) Other requirements as prescribed by
the OSH standards.
(a) Mandatory forty (40)-hour OSH training
Safety Officer 4
(S04)
Minimum
OSH
Experience
-
course applicable to the industry;
(b) Additional eighty (80) hours of
advanced/specialized occupational safety
training course relevant to the industry;
(c) An aggregate of three hundred twenty
(320) hours of OSH related training or
experience (additional training may be
converted to years of experience where
eighty (80] hours of training may equal to
237
At least two (2)
years ofexperience
in OSH
Actual experience as
SO3 for at least
four (4) years
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one [1] year of experience and vice
versa.); AND
(d) Other requirements as prescribed by
the OSH standards.
The number and qualification of safety officers shall be proportionate to the total
number of workers and equipment, size of work area, classification of the workplace and
such other criteria as required by the OSH standards.
The safety officer shall be required to undergo the prescribed DOLE-BOSH
training orientation or course, advanced occupational safety training courses, and/or
other OSH related training or learning as necessary in the effective performance of its
duties and responsibilities.
Safety officers engaged in micro and small establishments, low to medium risk,
shall be engaged in safety programs including other tasks designated to him/her by
his/her employer.
In the case of a contractor or subcontractor, at least one (1) safety officer must
be deployed at each specific area of operations to oversee the management of the OSH
program of its own workforce.
Minimum classification and number of safety officer for all covered workplaces
shall be as follows:
Number of Workers
Low Risk
Medium Risk
High Risk
1 to 9
One (1) SO1
One (1) SO1
One (1) S02
10 to 50
One (1) SO1
One (1) S03
One (1)SO2
51 to 99
One (1) SO2 and
One (1) s02
One (1) S02 and
One (1) SO3
100 to 199
One (1) SO3
Two (2) SO2 or
One (1) S02 and
Two (2) SO3
200 to 250
One (1) S03
One (1) S03
Two (2) SO2 and
One (1) SO2 and
251 to 500
Two (2) SO3
One (1) SO3
Two (2) S03
Two (2) SO2 and
501 to 750
One (1) SO2
One (1) SO3
Two (2) SO3
and Two
751 to 1000
Two (2) SO3
(2) SO3
Every additional 250 or
fraction thereof
Two (2) SO3
Every additional 500 or Additional One (1) Additional One (1)
fraction thereof
SO3
SO3 or SO4
Additional One
(1)
S03 or S04
The engagement of the services of a certified OSH consultant (SO4) shall be
allowed for a period not longer than one (1) year for establishments whose designated
safety officer has to be trained or is relevant experience. In the process of completing
the prescribed training courses and
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Section 15. Occupational Health Personnel and Facilities.
Covered workplaces shall have qualified occupational health personnel such as
certified first-aiders, nurses, dentists, and physicians duly complemented with the
required medical supplies, equipment and facilities. The number of health personnel,
which may be classified as full time (FT) or part-time (PT), equipment and facilities,
and the amount of supplies shall be proportionate to the total number of workers and
the risk or hazard involved in the workplace, the ideal ratio of which shall be as follows:
Low Risk
Medium to High Risk
Number of
FirstFirstOH
OH
OH
OH
OH
OH
Workers
Aider
Aider
Nurse Dentist* Physician
Nurse Dentist* Physician
1-9
1
1
10-50
51-99
2 PT
100-199
2
2 PT
2
1 FT
1 PT
1 PT
200-500
3-5
1 FT
1PT
1 PT
3-5
1 FT
1 PT
2 PT
2 PT or
501-2000
6-20
1 FT
1PT
2 PT
6-20
1 FT
1 FT
1 FT
1 FT
1 FT
1 FT
1FT
>2000
>20
1FT
+20
1FT
per
and
per
and
shift
2 PT
shift
2PT
Every 100
workers or
1
a fraction
thereof
Every 250
workers or
1 FT
1 FT
a fraction
thereof
Every 500
workers or
l FT or
1 FT
1 FT ‘ FT or
4 PT
4 PT
a fraction
thereof
PT = 4h/d, 3d/w; FT = 8h/d, 6d/w
OH personnel shall be placed in the shift with the highest number of workers
*For OH dentists: Alternatively, establishments can enter into a Memorandum
Agreement (MOA) for dental services for workers; provided that the requirements for
dental facilities are met.
For OH physicians: If more than I PT physician is required, a physician must be present in
all work days of the establishment.
Every employer covered by this Rules shall provide his/her workers medical
services and facilities and shall not be an excuse by employer from maintaining in
his/her workplace a first aid treatment room or clinic for workers which shall be as
follows:
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Number of
Workers
1-9
10-50
51-99
100-199
200-250
251-500
501-750
751-1000
1001-2000
Low Risk
Medium to High Risk
First aid
Clinic
Hospital
treatment (number of (number of
room
beds)
beds)
-
First
treatment
room
Clinic
Hospital
(number of (number of
beds)
beds)
1
2
1
2
Additional
1 for every
100
worker or
a fraction
thereof
Additional
1 for every
200
worker or
a fraction
thereof l
full time
2
_
1
Additional
1 for every
50 worker
or a
fraction
thereof
Additional
1 for every
100
worker or
a fraction
thereof l
full time
-
1
The employer may not establish a hospital or dental clinic in the workplace
where there is a hospital or dental clinic which is located not more than five (5)
kilometers away from the workplace, accessible in not more than twenty-five (25)
minutes travel time, and the employer has facilities readily available for transporting
workers to the hospital or dental clinic in cases of emergency. For this purpose, the
employer shall enter into a written contract with the hospital for the use of such hospital
for the treatment of workers in cases of emergency.
Section 16. Safety and Health Training
a. All safety and health personnel shall undergo the mandatory orientation or
training on OSH as prescribed by DOLE. Said training shall be evidenced by the
issuance of a certification by DOLE or a DOLE-Accredited Training Organization.
Dispatch curriculum for training covered under this Section shall be prescribed by
DOLE. The following are the minimum prescribed training or orientation for all
safety and health personnel:
Safety Officer l
(S01 )
3. Mandatory eight (8)-hour OSH
orientation course applicable to its
industry such as:
❖ General Industry – Basic OSH Orientation Course,
❖ Construction Industry — Construction
OSH
Orientation Course,
❖ Maritime Industry — Maritime OSH Orientation
Course, or
❖ Other industry specific course as may be prescribed;
❖ AND
2. Two (2)- hour trainers’ training.
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Safety Officer 2
(S02)
Safety Officer 3
(SO3)
Safety Officer 4
(SO4)
Mandatory forty (40)-hour
OSH training
course applicable to its industry such as:
❖ General Industry — Basic OSH Training Course,
❖ Construction Industry — Construction OSH
Training Course,
❖ Maritime
Industry
—
Maritime OSH
Training Course, or
❖ Other industry specific mandatory training as
may be prescribed.
4. Mandatory forty (40)-hour OSH
training course applicable to its
industry such as:
❖ General Industry — Basic OSH Training Course,
❖ Construction Industry — Construction OSH
Training Course,
❖ Maritime
Industry
— Maritime OSH
Training Course, or
❖ Other industry specific mandatory training as may
be prescribed;
2. Additional
forty-eight
(48)
hours
of
advanced/specialized occupational safety training
course relevant to the industry (e.g., industrial
hygiene, safety audit, accident investigation, OSH
programming, chemical safety, etc.); AND
3. Other requirements as prescribed by the OSH
standards.
5. Mandatory forty (40)-hour OSH
training course applicable to its
industry such as:
❖ General Industry — Basic OSH Training
Course,
❖ Construction Industry – Construction OSH
Training Course,
❖ Maritime Industry
— Maritime OSH
Training Course, or
❖ Other industry specific mandatory training as
may be prescribed;
2. Additional
eighty
(80)
hours
of
advanced/specialized occupational safety training
course relevant to the industry, (e.g., industrial
hygiene, safety audit, accident investigation, OSH
programming, chemical safety, etc.);
3. An aggregate of three hundred twenty (320) hours
of OSH related training or experience (additional
training may be converted to years of experience
where eighty [80] hours of training may equal to
one [1] year of experience and vice versa.); AND
4. Other requirements as prescribed by the OSH
standards.
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First-Aider
OH Nurse
Standard first aid training
At least forty (40)-hour Basic OSH training course for
OH Nurses
At least forty (40)-hour Basic OSH training course
At least fifty-six (56)-hour Basic OSH training course for
OH Physician
OH Physicians
b. All workers shall undergo the mandatory workers’ OSH seminar as prescribed by
DOLE which shall be jointly participated by workers and employers. Standardized
training module for safety and health personnel shall be implemented and updated
regularly as necessary. The mandatory workers’ OSH seminar may be conducted by
the safety officer of the establishment or any certified OSH practitioner or consultant.
The workers’ OSH seminar and other trainings/orientations as required by the
employer and by any law shall be at no cost on the worker and considered as
compensable working time.
OH Dentist
c. All personnel engaged in the operation, erection and dismantling of equipment and
scaffolds, structural erections, excavations, blasting operations, demolition, confined
spaces, hazardous chemicals, welding, and flame cutting shall undergo specialized
instruction and training on said activities. Such training shall include, among others,
topics on safety and specialized PPE requirements for said high-risk work activities,
including the use, application and handling of the same, which can be provided by
DOLE, DOLE-Accredited Training Organizations or the PPE manufacturers.
Section 17. Occupational Safety and Health Reports
All employers, contractors or subcontractors, if any, shall submit to DOLE all safety
and health reports, and notifications such as but not limited to annual medical report
(AMR), OSH committee report, employer’s work accident/injury report (WAIR), and
annual work accident/injury exposure data report (AEDR).
Section 18. Workers’ Competency Certification
The PRC shall determine the minimum and necessary competency on safety and
health for OSH personnel and use the same as equivalency in their application for
Continuing Professional Development (CPD) units. In order to professionalize, upgrade
and update the level of competence of workers, TESDA or PRC, as the case may be, shall
establish national competency standards and prepare guidelines on competency
assessment and certification for critical occupations to include requirements on safety
and health. In this regard, all critical occupations shall undergo the mandatory
competency assessment and certification by TESDA.
An occupation shall be considered critical when:
a.
b.
c.
d.
The performance of a job affects people’s lives and safety;
The job involves the handling of complex tools, equipment and supplies;
The job requires a relatively long period of education and training; and
The performance of the job may compromise the safety, health and
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environmental concerns within the immediate vicinity of the establishments.
Section 19. Workers’ Welfare Facilities
All establishments, projects, sites and all other places where work is being
undertaken shall have the following free welfare facilities in order to ensure humane
working conditions:
a. Adequate supply of safe drinking water;
b. Adequate sanitary and washing facilities;
c. Suitable living accommodation for workers, as may be applicable such as in
construction, shipping, fishing and night workers;
d. Separate sanitary, washing and sleeping facilities for all gender, as may be
applicable;
e. Lactation station except those establishments as provided for under DOLE
Department Order No. 143-15;
f. Ramps, railings and the like; and
g. Other workers’ welfare facilities as may be prescribed by the OSH standards
and other issuances.
Section 20. All Other Occupational Safety and Health Standards
All employers, contractors or subcontractors, if any, shall comply with other
occupational safety and health standards as provided for in the 1978 DOLE Occupational
Safety and Health Standards, as amended.
Section 21. Cost of Safety and Health Program
The total cost of implementing a duly approved OSH program shall be an integral
part of the operations cost. It shall be separate pay item in construction and in all
contracting or subcontracting arrangements.
CHAPTER V
JOINT AND SOLIDARY LIABILITY
Section 22. Employer’s Responsibility and Liability
The employer, project owner, contractor, or subcontractor, if any, and any person
who manages, controls or supervises the work being undertaken shall be jointly and
solidarity liable for compliance with occupational safety and health standards including
the penalties imposed for violation thereof as provided for in this Rules.
CHAPTER VI
ENFORCEMENT OF OCCUPATIONAL SAFETY AND HEALTH STANDARDS
Section 23. Visitorial and Enforcement Power of the Secretary of Labor and
Employment or his/her duly authorized representatives
All matters arising from the visitorial and enforcement power of the Secretary of
Labor and Employment or his/her duly authorized representatives shall be governed by
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the applicable niles on the administration and enforcement of labor laws pursuant to
Article 128 of the Labor Code of the Philippines, as renumbered, and other laws.
The Secretary of Labor and Employment or his/her duly authorized
representatives with the appropriate inspection authority shall have the authority to
enforce the mandatory OSH standards in all establishments and conduct an annual spot
audit on its compliance for the same.
The conduct of annual spot audit must be attended by a safety officer and
representative of the management and workers of the establishment. In the absence of
the establishment’s safety officer, his duly authorized representative may attend in his
stead. The Secretary of Labor and Employment or his/her duly authorized
representatives can enter workplaces at any time of the day or night where work is being
performed to examine records and investigate facts, conditions or matters necessary to
determine compliance of establishments with the provisions of this Rules and other
applicable laws.
Pursuant to Article 128 of the Labor Code of the Philippines, it shall be unlawful for
any person or entity to obstruct, impede, delay or otherwise render ineffective the
orders of the Secretary of Labor and Employment or his/her duly authorized
representatives issued pursuant to the authority granted before him/her, and no lower
court or entity shall issue temporary or permanent injunction or restraining order or
otherwise assume jurisdiction over any case involving the orders of the Secretary of
Labor and Employment or his/her duly authorized representatives.
The Secretary of Labor and Employment or his/her duly authorized
representatives may order stoppage of work or suspension of operations of any unit or
department of an establishment when non-compliance to this Rules, OSH standards and
other applicable laws poses grave and imminent danger to the safety and health of
workers in the workplace.
The labor inspector or person authorized by BOLE to enforce compliance with this
Rules, OSH standards and other applicable laws and regulations, shall present legitimate
authorized identification upon request, and he/she shall only act within the authority or
direction given by the Secretary of Labor and Employment or his/her duly authorized
representatives.
The Secretary of Labor and Employment or his/her duly authorized
representatives shall inspect establishments and workplaces regardless of the size and
nature of operation. Any kind of self-assessment shall not take the place of labor
inspection conducted by DOLE. However, chartered cities may be allowed to conduct
industrial safety inspection of establishments within their jurisdiction in coordination
with DOLE, provided that, they have adequate facilities and competent personnel for the
purpose as determined by DOLE, and subject to national standards established by the
latter.
Department Order No. 183, Series of 2017 and the manual on execution of
judgments shall govern the procedures in the conduct of inspection, mandatory
conference, issuance of order and execution thereof.
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No person or entity shall obstruct, impede, delay or otherwise render ineffective
the orders of the Secretary of Labor and Employment or the Secretary’s duly authorized
representatives issued pursuant to the authority granted under Article 128 of the Labor
Code of the Philippines, and no lower court or entity shall issue temporary or permanent
injunction or restraining order or otherwise assume jurisdiction over any case involving
the enforcement orders.
Section 24. Payment of Workers During Work Stoppage Due to Imminent Danger
If stoppage of work due to imminent danger occurs as a result of the employer’s
violation or fault, the employer shall pay the affected workers their corresponding
wages during the period of such stoppage of work or suspension of operations.
For purposes of payment of wages and any other liabilities arising from the WSO,
the employer is presumed a party at fault if the WSO was issued secondary to an
imminent danger situation which would imperil the lives of the workers. A mandatory
conference not later than seventy-two (72) hours shall be held to determine whether
the WSO will be lifted or not.
Section 25. Delegation of Authority
The authority to enforce mandatory OSH standards may be delegated by the
Secretary of Labor and Employment to a competent government authority. The said
delegation of authority shall only cover the conduct of industrial safety inspection.
In pursuance of the delegation of authority, the competent government authority
shall submit a monthly report to the DOLE-Regional Office having jurisdiction over its
location, in accordance with the provisions of the Revised Technical Safety Inspection
Manual.
The delegation of authority upon may be revoked any time as may be warranted
by the circumstances.
Section 26. Standards Setting Power of the Secretary of Labor and Employment
The Secretary of Labor and Employment shall, in consultation with all concerned
government agencies and instrumentalities, and relevant stakeholders, set and enforce
mandatory OSH standards to eliminate or reduce OSH hazards depending on the
number of employees of the establishment, the nature of its business operations, and
the risk or hazard involved.
The Secretary of Labor and Employment shall institute new and updated programs
to ensure safe and healthy working conditions in all workplaces especially in hazardous
industries such as, but not limited to, mining, fishing, construction, and maritime.
Section 27. Employee’s Compensation Claim
A worker may file claims for compensation benefit arising out of work-related
disability or death. Such claims shall be processed independently of the finding of fault,
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gross negligence or bad faith of the employer in a proceeding instituted for the purpose.
The employer shall provide the necessary assistance to employees applying for claims.
Section 28. Incentives to Employers and Workers
There shall be established package of incentives under such rules and regulations
as may be promulgated by the DOLE to qualified employers and workers to recognize
their efforts towards ensuring compliance with OSH and general labor standards such
as OSH training packages, additional protective equipment, technical guidance,
recognition awards and other similar incentives.
Section 29. Prohibited Acts and its Corresponding Penalties
Any willful failure or refusal of an employer, contractor or subcontractor to
comply with the following OSH standards below or with a compliance order issued by
the Secretary of Labor and Employment or his/her representative shall be penalized of
the administrative fines as follows:
Registration of establishment to DOLE
Provision of job safety instruction or orientation prior to work
Provision of worker’s training (first aid, mandatory workers
training, mandatory OSH training for safety officers and health
personnel)
Provision of safety signage and devices
Submission of reportorial requirements as prescribed by OSH
Standards
Provision of safety officer and/or OH Personnel
Provision of certified personnel or professionals required by the OSH
standards
Establishment of a safety and health committee
Formulation and implementation of a comprehensive safety and
health program
Provision of information on hazards and risk (absences of chemical
safety data sheet, no written SOP in materials handling and lifting,
etc., no permitting system for confined spaces/ hot works, no lockout/tag-out system etc.)
Provision of sanitary and welfare facilities
Use of approved or certified devices and equipment for the task
Provision of PPE or charging of provided PPE to workers
Compliance with DOLE issued WSO
Compliance to the other OSH Standards
Failure of refusal to comply with OSH standards or compliance
deemed willful when done voluntarily, deliberately and intentionally.
Php. 20,000
Php. 20,000
Php. 25,000
Php.30,000
Php.30,000
Php.30,000
Php.40,000
Php.40,000
Php.40,000
Php.40,000
Php.40,000
Php.50,000
Php.50,000
Php.50,000
Php.40,000
order shall be
An employer, contractor r subcontractor who is found to have repeatedly
violated the same prohibited act shall be penalized of the corresponding fine plus an
additional fine equivalent to fifty percent (50%) thereof for every instance of repeat of
violation.
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If any of the following acts is present and there is non-compliance the penalty of
one hundred thousand pesos (Php. 100,000.00) administrative fine shall be imposed
separate and in addition to the daily administrative fine imposed above:
1. Repeated obstruction, delay or refusal to provide the secretary of Labor and
Employment or any of its authorized representatives access to covered
workplace, or refusal to provide or allow access to relevant records and
documents or obstruct the conduct of investigation of any fact necessary in
determining compliance with OSH standards;
2. Misrepresentation in relation to adherence to OSH standards, knowing such
statement, report or record submitted to DOLE to be false in any material; or
3. Making retaliatory measures such as termination of employment refusal to pay,
reducing wages and benefits or in any manner discriminates against any worker
who has given information relative o the inspection being conducted.
When the violation exposes the worker to death, serious injury or serious illness,
the imposable penalty shall be one hundred thousand pesos (Php. 100,000.00).
Should there be two (2) or more be non-compliances, all penalties shall be
imposed; provided that the total daily penalty shall not exceed one hundred thousand
pesos (Php. 100,000.00).
The penalties shall be computed in a per day basis until full compliance reckoned
from the date of the notice of violation or service of the compliance order to the
employer without the prejudice to the filling of a criminal or civil case in the regular
courts, as the case may be. Fines herein imposed shall be without prejudice to the fines
imposable by other appropriate government agencies.
The Regional Director shall, after due notice and hearing, impose the appropriate
administrative fines taking into consideration the damage or injury caused and risk
involved including the severity and frequency of the OSH violations and size of the
establishment.
Fines collected pursuant to these rules shall be utilized for the operation of OSH
initiatives incentivizing qualified employers and workers in recognition of their efforts
towards ensuring compliance with OSH and general labor standards, including OSH
training and education as well other inter-governmental programs and activities.
Self-Help: You can also refer to the sources below to help you
further understand the lesson:
Department of Labor and Employment (1990). Occupational Safety and Health Standards
[PDF File]
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Let’s Check
Activity 1: Reading Assignment
Identify 5 most common malpractices / violations to OSHA standards committed
by companies/industries in the Philippines.
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Let’s Analyze
Activity 1: Reading Assignment
Discuss the importance of having a safety officer in a workplace. Cite examples
that will support your claims.
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In a Nutshell
Activity 1: Reading Assignment
Some companies in the Philippines or even across the globe offers “Hazard Pay” to their
employee to compensate for their work in a hazardous workplace such as hazardous
construction company. However, some of the company doesn’t even offer hazard pay or
attribute the hazard pay into their payroll system. For instance, in this pandemic
situation, only some companies offer hazard pay to their employees. Considering the fact
that employees are subjected to an imminent danger during pandemic, is it a violation to
the law if that company doesn’t give hazard pay compensation to their employee? Why?
Cite references that will prove your claims.
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BIG PICTURE IN FOCUS: ULOc. To understand the rules and regulations
in Retail Trade Business.
Metalanguage
Below are the essential terms that you are going to encounter in the pursuit of
understanding the implementing rules and regulations of the Retail Trade Business in the
Philippines. You are strongly advised to frequently refer to these definitions to help you
understand the succeeding discussions.
Capital shall mean the working capital for sole proprietorships and partnerships, while
for corporations, it shall be the paid-up capital.
Consumption shall mean the utilization of economic goods in the satisfaction of want
resulting in immediate destruction, gradual decay or deterioration or
transformation into other goods.
Farmer or Agriculturist refers to an individual who is personally engaged in the
production of primary products such as agricultural crops, poultry, livestock, dairy
products and fish, by using inputs of land and natural resources, labor and capital.
Foreign retailer, as used under Sections 8 and 10 of the law, shall mean an individual
who is not a Filipino citizen, or a corporation, partnership, association or entity that
is not wholly- owned by Filipinos, engaged in retail trade.
Franchise shall mean a business relationship wherein, the franchisor grants to the
franchisee a licensed right, subject to agreed-upon requirements and restrictions,
to conduct business utilizing the trade and/or service marks of the franchisor, and
to receive advice and assistance in organizing, merchandising, and managing the
business conducted pursuant to the license.
This type of agreement may include a licensing agreement or any similar
arrangement.
High-end or Luxury Goods shall refer to goods which are not necessary for life
maintenance and whose demand is generated in large part by the higher income
groups. Luxury goods shall include, but are not limited to, products such as:
jewelry, branded or designer clothing and footwear, wearing apparel, leisure and
sporting goods, electronics and other personal effects sold in boutique-type stores.
To determine compliance with the “Investment requirement per store”, investment
shall include the value of assets. Tangible or intangible including but not limited to
buildings, leasehold rights, furniture, equipment, inventory and common use
investments and facilities such as administrative offices, warehouses, preparation
or storage facilities. The investments for common- use investments and lac ties
shall be prorated among the number of stores being served.
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Locally Manufacture Goods shall mean goods manufactured, processed or assembled In
the Philippines, regardless of the source of the raw materials and components used
in the manufacture of the product.
Manufacturer refers to a person who alters raw material or manufactured or partially
manufactured products, or combines the same in order to produce finished
products for the purpose of being sold or distributed to others.
Naturally-Born Filipino citizen are those who are citizens of the Philippines from birth
without having to perform any act to acquire or perfect their citizenship. Those
who elect Philippine citizenship in accordance with Article IV, paragraph 3 of the
1987 Constitution shall be deemed natural-born citizens.
Net Worth shall mean total assets of a person or business less the total liabilities, except
as otherwise defined in this Rules.
Paid-Up Capital shall mean the local investment in a business that has been paid-in in a
corporation or partnership or invested in a single proprietorship, which may be in
cash or in property. It shall also refer to assigned capital in the case of foreign
corporations.
Processor refers to a parson who converts raw materials into marketable form by special
treatment or a series of action that changes the nature or state of the product, like
slaughtering, milling, pasteurization, drying, or desiccating, quick freezing and the
like. Mere packing, packaging, sorting or classifying does not make a person a
processor.
Reciprocity Rights shall denote the relation between two states when each of them, by
their respective laws or by treaty, gives the citizens or nationals of the other certain
privileges, as in the undertaking of retail trade activities, on condition that its own
citizens or nationals shall enjoy similar privileges in the latter state.
Notwithstanding the law allowing one hundred percent foreign ownership of retail
activities subject to the capitalization requirements, a foreign retailer shall be
allowed to own only up to the extent of the foreign ownership allowed for retailing
in its home country
A former natural born Filipino citizen is deemed residing in the Philippines if he
physically stays in the country for at least one hundred eighty (180) days within a
given year.
Retail Store shall mean. As the context requires under Section 5, last paragraph & Section
6 of the law, the company that owns the store.
Retail Trade shall mean any act, occupation or calling of habitually selling direct to the
general public merchandise, commodities or goods for consumption.
Start of operations shall mean the date when the particular enterprise actually starts
selling its Inventory.
Store Branch shall mean an outlet where goods are sold on a retail basis.
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For purposes of determining the track record as used in Role IV, Section 1, the past
business operation in the retail business of the applicant foreign retailer, its
predecessors, its principal stockholders, affiliates, subsidiaries or its management
team, may be considered.
Essential Knowledge
To perform the aforesaid big picture (unit learning outcomes), you need to
understand the necessary rules and regulation that are in need to be follow in the
conduct of retail trade business in the Philippines will be laid down in the succeeding
pages. Please note that you are not limited to exclusively refer to these resources.
Thus, you are expected to utilize other books, research articles and other resources
that are available in the university’s library e.g. ebrary, search.proquest.com etc.
Implementing Rules and Regulations of Retail Trade Liberalization Act
Republic Act 8762 also known as An Act of Liberalizing the Retail Trade Business
was approved and signed by the Secretary Mar Roxas under the Department of Trade and
Industry, Lilia R. Bautista the Chairman of Securities and Exchange Commission, Rafael
Buenaventura the Governor of the Central Bank of the Philippines and Felipe Medalla, the
Director General of the National Economic Development Authority. RA 8762 IRRs is
composed 10 Rules in which every foreign and naturally-born Filipino Citizen engage in
retail business must follow. These rules and regulations are the following:
Rule I
Section 2. Sale not Considered as Retail
The following sales are not considered as retail:
a. Sales by a manufacturer, processor, laborer, or worker, to the general public
of products manufactured, processed or produced by him whose capital
(does not exceed One hundred thousand pesos (P 100,000.00).
b. Sales by a farmer or agriculturist selling the products of his farm, regardless
of capital,
c. Sales arising from restaurant operations by a hotel owner or inn- keeper
irrespective of the amount of capital, provided, that the restaurant is
incidental to the hotel business
d. Sales to the general public, through a single outlet owned by a manufacturer
of products manufactured. Processed or assembled in the Philippines,
Irrespective of capitalization,
e. Sales to industrial and commercial users or consumers who use the products
bought by them to render service to the general public and/or produce or
manufacture of goods which are in turn sold by them; or
f. Sales to the government and/or its agencies and government- owned and
controlled corporations.
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Rule II. Rights of Former Natural Born Filipinos To Engage in Retail Trade
Section 1. Rights of Former Natural born Filipinos
Any natural born Filipino citizen who has lost his Philippine citizenship and who
has legal capacity to enter into a contract under Philippine laws may be allowed to engage
in retail trade, provided that he resides in the Philippines.
Section 2. Documentary Evidence
Any person who meets the requirements provided for under the preceding
paragraph shall be considered as a Filipino citizen for purposes of this Act, upon showing
any of the following documents:
a. Copy of birth certificate
i. certified by the local Civil Registrar or the National Statistics Office; or
ii. for those born abroad, certificate of birth from the appropriate
government agency of the country where the birth is recorded showing
the father or mother to be a Filipino at the time of birth or if the
citizenship of the parents is not indicated, additional proof that the
parent/s is a Filipino citizen or has not lost his/her Filipino citizenship
at the time of the applicant’s birth: or
iii. those born before 17 January 1973 of Filipino mothers must additionally
submit all of the following: certified true copies of his/her sworn
statement of election of Filipino Citizenship, oath of allegiance from the
civil registrar where the documents were filed and/or forwarded, and
identification certificate Issued by the Bureau of Immigration.
b. In case of loss and/or destruction of the record of birth or non- registration of
birth,
i. a Certificate of non-availability of birth certificate on account of loss
and/or destruction of birth record from the local civil registrar and/or
appropriate government agency if birth was registered abroad, or
ii. copy of birth certificate of mother or father certified by the local civil
registrar or the NSO, and
iii. affidavit of two (2) disinterested persons attesting to their personal
knowledge that at the time of the applicant’s birth, the child was born of
a Filipino mother or father.
Any document executed or issued abroad must be authenticated by the Philippine
Embassy/Consulate having jurisdiction over the place of execution or issuance of the
document.
Rule III. Capitalization and Equity Requirements
Section 1. Foreign Equity Participation
Partnerships, associations and corporations, partially or wholly-owned by
foreigners, formed and organized under the laws of the Philippines may upon registration
with the Securities and Exchange Commission (SEC), or in case of foreign-owned single
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proprietorships, with the Department of Trade and Industry (DTI), may engage or invest
in the retail trade business, subject to the following categories:
Category A
Enterprises with paid-up capital of the equivalent in Philippine Pesos of less than
Two million five hundred thousand US dollars (US$2,500,000.00) shall be reserved
exclusively for Filipino citizens and corporations wholly owned by Filipino citizens.
Category B
Enterprises with a minimum paid-up capital of the equivalent in Philippines Pesos
of Two million five hundred thousand US dollars (US$2,500.000.00) but less than Seven
million five hundred thousand US dollars (US$7,500,000.00) may be owned up to 60% by
foreigners for the first two (2) years after March 25, 2000.
Thereafter, enterprises with a minimum paid up capital of the equivalent
Philippine pesos of US$2.5 million may be 100% foreign-owned.
Category C
Enterprises with a paid-up capital of the equivalent In Philippine Pesos of Seven
million five hundred thousand US dollars (US$7,500,000.00) or more may be wholly
owned op to 100% by foreigners.
Two years after March 25, 2000, Category C shall no longer be applicable.
Category D
Enterprises specializing in high-end or luxury products with a paid-up capital of
the equivalent in Philippine Pesos of Two hundred fifty thousand US dollars
(US$250,000.00) per store may be owned up to 100% by foreigners.
For purposes of this section, a mere investor need not organize a corporation,
partnership or association under Philippine laws before it may invest in the retail trade
business.
Section 2. Branches/Stores
Opening of branches/stores by the registered foreign retailer shall be allowed,
provided that the investments for each branch/store established by registered foreign
retailers falling under Categories B and C must be no less than the equivalent in Philippine
Pesos of Eight hundred thirty thousand US dollars (US$830,000.00).
Rule IV. Prequalification of Foreign Retailers
Section 1. Prequalification Requirements
Before a foreign retailer is allowed to establish or organize an entity that will
engage in the retail trade business or invest in a retail store in the Philippines, it must
possess all of the following qualifications:
a. A minimum of Two hundred million US dollars (US$200,000,000.00) net worth of
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the registrant corporation for Categories B and C, and Fifty million US dollars
(US$50,000,000.00) net worth of the registrant corporation for Category D;
b. Five (5) retailing branches or franchises in operation anywhere around the world
unless such retailer has at least one (1) store capitalized at a minimum of Twentyfive million US dollar (US$25,000,000.00).
c. Five (5)-year track record in retailing: and
d. Nationals from, or juridical entities formed or incorporated in countries which
allow the entry of Filipino retailers shall be allowed to engage in retail trade in the
Philippines.
For purposes of determining compliance with the above requirements, the net worth,
existence of branches and franchises, track record as well as the domiciles of the
registrant’s parent company, its subsidiaries, its affiliate companies as well as their
predecessors shall be considered. Moreover, for publicly traded companies, net worth
may be determined by the number of outstanding shares multiplied by the shares’
annual average trading price.
Section 2. Application for Pre-Qualification
A request for pre- qualification duly signed and acknowledged under oath by an
authorized officer of the foreign retailer mentioned in the preceding section, must be
submitted to the Board of Investments before filing a formal application to engage in
retail or invest in a retail store. Said request for pre-qualification must be accompanied
by the following documents:
a. Latest audited annual financial statements, incorporating an income statement
and a balance sheet or their equivalents;
b. Certification by a responsible officer of the applicant-foreign retailer stating that:
it has been engaged in retailing for the past five years: and has at least five (5)
retailing branches anywhere in the world, or at least one branch is capitalized at a
minimum of Twenty- five million US dollars (US$25,000,000.00);
c. Certification from the responsible officer of the applicant of the existence of
franchise or licensing agreements if the applicant fails to meet the preceding
requirement of at least five (5) retailing branches: and
d. Certification by the proper official of the home state of the applicant-foreign
retailer or the local embassy/consulate of the home country of the said applicantforeign retailer to the effect that the laws of such state allow or permits reciprocal
rights to Philippine citizens and enterprises together with the extent of
participation allowed. All of the foregoing documents and their corresponding
attachments shall be duly authenticated by the Philippine Embassy/Consulate
stationed in the home country of the applicant.
Section 3. Issuance of Certificate of Compliance with Prequalification
The Board of Investments (BOI), shall issue, within ten (10) working days from
submission of all necessary documents, after evaluation and verification, a Certification
that the foreign retailer meets the qualifications prescribed by law.
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The Certificate of Compliance shall be valid for a period of one (1) year from date
of issuance.
Section 4. List of Qualified Foreign Retailers
The DTI through the Board of Investments (BOI) shall keep a record of foreign
retailers who have been pre-qualified to establish retail stores or invest in a retail store
in the Philippines.
Section 5. Foreign investors which are not foreign retailers
Foreign investors which ore not foreign retailers shall not be required to satisfy
the prequalification requirements under Rule IV thereof.
Rule V. Investments in Existing Retail Stores
Section 1. Foreign Investments in Existing Stores
Foreign investors or foreign retailers may acquire shares in retail stores existing
and operating at the time of the effectivity of the low, whether or not publicly listed,
whose net worth is in excess of the peso equivalent of Two million five hundred thousand
US dollars (US$2,500,000.00); provided that, only up to a maximum of sixty percent
(60%) of the total outstanding capital of such existing retail stores may be acquired
within the first two (2) years from March 25, 2000. Thereafter, the company may be
100% owned by foreign investor/s.
Section 2. Pre-qualification Requirements
The prequalification requirement in Section 8 of the law shall apply whenever a
foreign investor is also engaged in retail trade and such foreign investor acquires 5l % or
more of the outstanding capital stock of an existing retail store. No transfer of shares to
any such foreign investor in a retail store shall be recorded by the Corporate Secretary
In the corporate books thereof, unless a Certificate of Compliance with Pre-qualification
is presented.
Section 3. Investment Per Store
Section 2, Rule Ill on investment requirement of at least US$830,000 per store or
branch shall be complied with if at least 51% Of the outstanding capital stock of any
existing retail store is acquired by a single foreign retailer.
Rule VI. High-End or Luxury Goods
Section 1. List of Retailers Selling High-end or Luxury Goods
An annual list of foreign retailers selling high-end or luxury goods shall be
formulated and regularly updated by the Inter-Agency Committee on Tariff and Related
Matters of the National Economic Development Authority (NEDA) Board, in coordination
with the relevant organizations and the private sector concerned.
The same Inter-Agency Committee should issue a separate Guidelines on the
formulation of the said list and submit a copy to the BOI and SEC.
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Section 2. Annual Report to Congress
The Inter-Agency ’Committee on Tariff and Related Matters of the National
Economic Development Authority (NEDA) Board shall report to Congress annually the
list of foreign retailers selling high-end or luxury goods.
Rule VII. Application for Registration
Section 1. Registration
Domestic corporations, partnerships, or associations which shall engage in retail
shall register with the Securities and Exchange Commission (SEC) or the DTI through its
Regional and Provincial Offices, in the case of single proprietorships.
Section 2. Certificate of Compliance with Pre-qualification Requirements
No corporation/partnership/association or sole proprietorship owned wholly or
partially by foreign retailers may be allowed to register with the SEC/DTI without
securing the necessary certificate of compliance with the prequalification conditions
from the Board of Investments.
Section 3. BSP Certification
Foreign retail stores shall secure a certification from the Bangko Sentral ng
Pilipinas (BSP), to be submitted to the SEC, in the case of
corporations/partnerships/associations and the DTI, in the case of sole proprietorship.
Section 4. Establishment of Stores/Branches.
All registered foreign retailers under Categories B & C that will establish
additional stores/branches shall be required to secure an approval from the DTI. They
must show proof of compliance with the US$830,000 investment requirement per
branch.
Section 5. Reporting Requirements
Every registered foreign retail enterprise shall submit annually to the Department
of Trade and Industry (DTI), a Certification by a responsible officer of the company
reflecting the:
a. Number and location of store/s of the enterprise and the status of its
operation; and
b. Maintenance of the required minimum capital unless the foreign investor has
notified the SEC and the DTI of its intention to cease operations in the
Philippines and repatriate its capital.
Rule VIII. Prohibited Activities of Qualified Foreign Retailers
Section 1. Prohibited Modes of Retailing
Qualified foreign retailers shall not be allowed to engage in certain retailing
activities outside their accredited stores through the use of mobile or rolling stores or
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carts, the use of sales representatives, door-to-door selling, restaurants and sari-sari
stores and such other similar retailing activities.
Section 2. List of Prohibited Activities
A detailed list of other prohibited activities may be formulated by the DTI.
Rule IX. Compliance Requirements
Section 1. Maintenance of Prescribed Minimum Capital
The foreign investor shall be required to maintain in the Philippines the full
amount of the prescribed minimum capital, unless the foreign investor has notified and
secured approval from the SEC and the DTI of its intention to cease operations in the
Philippines and repatriate its capital.
The SEC shall establish mechanisms to monitor the actual use In Philippine
operation of the Inwardly remitted minimum capital requirement.
Failure to maintain the full amount of the prescribed minimum capital prior to the
notification and approval from the SEC and the DTI, shall subject the foreign investor to
penalties provided in Section 7 hereof or restrictions on any future tracking
activities/business in the Philippines.
Section 2. Public Offering of Shares of Stock
All registered retail enterprises under Categories B and C in which foreign
ownership exceeds eighty percent (80%) of equity shall offer a minimum of thirty
percent (30%) of their equity to the public through any stock exchange in the
Philippines within eight (8) years from their start of operations, provided that with
respect to existing enterprises as of March 25, 2000, the period shall run from the date
of registration of the retail enterprise with the DTI under Rule VII hereof.
Compliance with this requirement shall be supervised and monitored by the DTI.
Section 3. Promotion of locally Manufactured Products
For ten (10) years from March 25, 2000, at any given time, locally manufactured
goods should account for at least thirty percent (30%) of the aggregate cost of the stock
inventory situated in the Philippines of foreign retailers falling under Categories B and C
and ten percent (10%) for Category D.
All registered foreign retailers shall be required to maintain books of accounts
showing the inventory situated in the Philippines and its origin at all times and these
books may be examined at any time, by the duly authorized representative of the
Department of Trade and Industry.
Furthermore, these registered foreign retailers shall be required to submit
quarterly statements under oath certifying the ratio of their local and imported inventory.
Section 4. Visitorial Powers
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Telefax: (082)296-1084
Phone No.: (082)300-5456/300-0647 Local 133
In the public interest and/or for the enforcement of any applicable law, rules and
regulations, the DTI/BOI, SEC or any government office having jurisdiction on the matter
may, through any of its duly authorized representatives, conduct necessary examination
of records, inventory and books of accounts of the registered foreign retail enterprise in
the Philippines, make pertinent inquiries from its officials and take such action as may be
necessary for the proper exercise of its authority.
Section 5. Implementing Agency
The monitoring and regulation of foreign sole proprietorships, partnerships,
associations, or corporations allowed to engage in retail trade shall be the responsibility
of the DTI. This shall include resolution of conflicts. Through mediation.
Section 6. Closure of Stores/Branches
Applications for closure of stores/branches shall be filed with the DTI, through its
Regional or Provincial Offices. However, in cases of closure of both the company that
owns the stores/branches and the said retail stores/branches, the SEC shall be notified
by DTI of the withdrawal or closure of such foreign retail establishments.
Section 7. Penalties
Any person who shall be found guilty of violation of any provision of RA 8762, its
implementing rules and regulations, or other terms and conditions of its registration,
shall be punished by imprisonment of not less than six (6) years and one (1) day but not
more than eight (8) years, and a fine of not less than One million pesos (P1,000,000.00)
but not more than Twenty million pesos
In the case of associations, partnerships or corporations, the penalty shall be
imposed upon its partners, president, directors, managers and other officers responsible
for the violation. If the offender is not a citizen of the Philippines, he shall be deported
immediately after service of sentence. If the Filipino offender is a public officer of
employee, he shall, in addition to the penalty prescribed herein, suffer dismissal and
permanent disqualification from public office.
Rule X. Repealing and Effectivity Clauses
Section 1. All other rules and regulations or parts thereof, inconsistent with the foregoing
rules and regulations are repealed, amended or modified accordingly.
Section 2. These Rules shall take effect fifteen (15) days upon publication in two (2)
newspapers of general circulation.
Self-Help: You can also refer to the sources below to help you
further understand the lesson:
Engineering Laws of the Philippines with RELATED Laws. 1981.Rex Bookstore
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Telefax: (082)296-1084
Phone No.: (082)300-5456/300-0647 Local 133
Let’s Check
Reading Assignment:
What are the impacts of Foreign Direct Investment to the Economic Growth of a Country?
261
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2nd Floor, BE Building
Matina Campus, Davao City
Telefax: (082)296-1084
Phone No.: (082)300-5456/300-0647 Local 133
SCHEDULE OF ACTIVITIES WEEK 8-9
This section calendars all the activities and exercises including readings and lectures, as
well as time for making assignments and doing other requirements in a programmed
schedule by days and weeks, to help the students in SDL pacing regardless of mode of
delivery (OBD or DED).
Activity
BIG PICTURE IV A: Let’s Check Activity
BIG PICTURE IV A: Let’s Analyse Activity
BIG PICTURE IV A: In A Nutshell Activity
BIG PICTURE IV B: Let’s Check Activity
BIG PICTURE IV B: Let's Analyse Activity
BIG PICTURE IV B: In A Nutshell Activity
BIG PICTURE IV C: Let's Check Activity
Review Paper Submission
Final Examination
Deadline
Oct. 7, 2020
Oct. 7,2020
Oct. 7, 2020
Oct. 9, 2020
Oct. 9, 2020
Oct. 9,2020
Oct. 10, 2020
Oct. 13, 2020
Oct. 15, 2020
Where to Submit
Blackboard LMS
Blackboard LMS
BB’s Forum Feature
Blackboard LMS
Blackboard LMS
BB’s Forum Feature
Blackboard LMS
Blackboard LMS
Blackboard LMS
NOTE: Please be aware of the deadline for the submission of the activities in this manual.
Further instructions will be given in your respective blackboard account.
References:
Centers for Disease Control and Prevention (2018). Noise and Hearing Loss Prevention.
Retrieved from https://www.cdc.gov/niosh/topics/noise/
Department of Labor and Employment (2018). Implementing Rules and Regulations of
Republic Act No. 11058 Entitled " An Act Strengthening Compliance with
Occupational Safety and Health Standards and Providing Penalties for Violations
Thereof". [PDF FILE]
Driscoll,D. (2013) Noise: OSHA Standards [PDF FILE]
Republic Act No. 11058 (2017). An Act Strengthening Compliance with Occupational Safety
and Health Standards and Providing Penalties for Violations Thereof [PDF FILE]
Republic Act No. 8762 (2000). Rules and Regulations Implementing Republic Act No. 8762,
An Act Liberalizing the Retail Trade Business, Repealing Republic Act No. 1180, as
Amended [PDF FILE]
United States Department of Labor (n.d.). Noise Hearing Conservation. Retrieved from
https://www.osha.gov/SLTC/noisehearingconservation/
US Department of Health and Human Services (1998). Occupational Noise Exposure [PDF
FILE]
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