FRAMEWORK OF ENVIRONMENTAL
REGULATIONS IN THE PHILIPPINES &
EMB MANDATES PLANS AND PLANS
AND PROGRAMS
“Policy Updates for Environmental Management
Practitioners and Professionals”
LM Metro Hotel, Tetuan, Cagayan de Oro City
May 12, 2018
ALAN B. DE GALA
ABG Environmental Consultancy Services
Topic Outline
I.
Section 16, Article 2 of the 1987 Constitution of the
Republic of the Philippines
II. P.D. 1151 National Environmental Policy
III. Republic Act 8749, Philippine Clean Air Act of 1999
IV. Republic Act 9275, Clean Water Act of 2004
V. Republic Act 6969, Toxic Substances and Hazardous
and Nuclear Waste Control of 1990
VI. Republic Act 9003, Ecological Solid Waste
Management Act of 2003
VII. Presidential Decree 1586, Environmental Impact
Assessment System
I. 1987 CONSTITUTION
Section 16, Article II
“The
State shall protect and
advance the right of the people to
a balanced and healthful ecology
in accord with the rhythm and
harmony of nature”
The Philippines Constitution
• IMPLEMENTING AGENCIES PRIOR TO 1987
RA 3931-------- NWAPC (NATIONAL WATER AND
AIR POLLUTION CONTROL COMMISSION)
PD 984 - -- - NPCC (National Pollution Control
Commission)

PD 1586 - -- - NEPC (National
Environmental Protection Council)
PRIMARY MANDATE
Shall be the primary government agency
under the DENR mandated to formulate,
integrate, coordinate, supervise, and
implement all policies, plans, programs,
projects and activities relative to the
prevention and control of pollution as well
as the management and enhancement of
the environment
II.
PD 1151- PHILIPPINE
ENVIRONMENTAL POLICY
Enacted in June 6, 1977
 Defined the general policies on the
pursuit of a better quality of life for
the present and future generations
and mandated the undertaking of
environmental impact assessment
for all projects which may
significantly affect the environment
PD 1151 – PHILIPPINE
ENVIRONMENTAL POLICY
• Section 4 – Requires
“ all agencies and instrumentalities of the national
government, including government owned and
controlled corporations as well as private
corporations, firms and entities to prepare an
environmental impact statement (eis) for every
action, project or undertaking which
significantly affects the quality of the
environment
PD 1152- PHILIPPINE ENVIRONMENT CODE
Enacted and implemented in June 6, 1977
the act defined the policy objective for the
various aspects of environmental
management such as air and water
quality management, natural resources
development, land management and
wastes management
Pollution Control Decree
(PD 984);Motor Vehicle
Pollution Control Decree
(PD 1181); Philippine
Water Code
Mining Act
PD 1152 Philippine
Environment Code
Fisheries
Law
Forestry Reform Code
Laws on Illegal Cutting
of Trees, Tree Planting
Law
PRESIDENTIAL DECREE 984 OF 1978
Pollution Control Decree
Was supplemented by PD 1181 Was
supplemented by PD 1181 - Motor vehicle
Motor vehicle pollution control decree
 Created the National Pollution Control
Commission (NPCC)
PD 1586 –PHILIPPINE ENVIRONMENTAL IMPACT
STATEMENT SYSTEM OF 1978
 Established the Environmental Impact
Statement System founded under Section
4 of PD 1151 and required Environmentally
Critical Projects and projects located in
Environmentally Critical Areas as declared
in Presidential Proclamation 2146 to
prepare an EIS.
EXECUTIVE ORDER NO. 192 of 1987
 PROVIDING FOR THE REORGANIZATION OF
THE DEPARTMENT OF ENVIRONMENT,
ENERGY AND NATURAL RESOURCES,
RENAMING IT AS THE DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES,
AND FOR OTHER PURPOSES
SECTION 2. Reorganization.
• — The Department of Environment, Energy
and Natural Resources is hereby reorganized
structurally and functionally and renamed as
the Department of Environment and Natural
Resources, hereinafter referred to as
Department, in accordance with the
provisions of this Executive Order.
SECTION 4. Mandate. —
• The Department shall be the primary government
agency responsible for the conservation,
management, development and proper use of the
country’s environment and natural resources,
specifically forest and grazing lands, mineral
resources, including those in reservation and
watershed areas, and lands of the public domain,
as well as the licensing and regulation of all
natural resources as may be provided for by law in
order to ensure equitable sharing of the benefits
derived there from for the welfare of the present
and future generations of Filipinos.
 provide technical and other capability
building assistance and support to LGUs
and other private sectors
 recommend policies to eliminate barriers to
waste reduction programs
 exercise visitorial and enforcement powers
to ensure strict compliance
 issue rules and regulations
EXECUTIVE ORDER 927 OF 1987- REORGANIZED THE
DENR AND CAUSED THE MERGER OF NEPC,ECP AND NPCC
AND NOW KNOWN AS THE ENVIRONMENTAL
MANAGEMENT BUREAU
NPCC
EMB
ECP
NEPC
ECP = Environmental Center of
the Philipines
Lead agency responsible for the enforcement
of six (6) environmental laws namely:
 RA 8749 (Clean Air Act of 1999)
 RA 9275 (Philippine Clean Water
Act of 2004)
 PD 1586 (Environmental Impact
Statement System)
 RA 6969 (Toxic Substances and
Hazardous Waste and
Nuclear Control Act of
1990)
 RA 9003 (Ecological Solid Waste
Management Act of
2000)
 RA 9512 (Environmental
Education Act)
III. REPUBLIC ACT 8749 (PHILIPPINE
CLEAN AIR ACT OF 1999)
• A comprehensive air pollution management and control
program
• Aimed to achieve and maintain a healthy air.
• Department Administrative Order 2000-81 - the
Implementing Rules of RA 8749
• Activities include the following:
– Issuance of Permit to Operate
– Ambient Air Quality Monitoring
– Establishment of Airsheds
– Bantay Tambutso
– Bantay Tsimeneya
– Bantay Sunog Basura
Update
DAO 2017-14
ONLINE TRANSMISSION OF
DATA
FROM
CONTINUOUS
EMISSION
MONITORING SYSTEM (CEMS) AND CLOSED
CIRCUIT TELEVISION (CCTV) OF MAJOR
INDUSTRIES
In view of effective monitoring of CEMS and CCTV implementation of major
industries pursuant to provision of Republic Act 8749 and its Implementing
Guidelines under DENR Administrative Orders 2000-81 and 2007-22, and for
effective monitoring of proponent’s compliance as provided in the
Environmental Compliance Certificate (ECC) under PD 1586.
IV. REPUBLIC ACT 9275
(CLEAN WATER ACT OF 2004)
• To protect the water bodies of the country, the
“Philippine Clean Water Act of 2004” or
Republic Act No. 9275, was enacted to ensure
access to clean water for all Filipinos.
RA 9275 (Philippine Clean Water Act of 2004) is the
law that applies to water quality management in
all bodies (natural and human-made) of fresh,
brackish, and saline waters, and includes but not
limited to aquifers, groundwater, springs, creeks,
streams, rivers, ponds, lagoons, water reservoirs,
lakes, bays, estuarine, coastal and marine waters.
• The law primarily addresses the abatement
and control of pollution from land-based
sources. The Act focuses on the creation and
delegation of new regulatory, planning and
infrastructure development functions to
agencies & subsidiary multi-sectoral bodies,
and on streamlining inter-agency
coordination.
RA 9275 continuation..
• Activities include the following:
– Issuance of Discharge Permit - The discharge permit
shall specify the quantity and quality of effluent that
said facilities are allowed to discharge into a
particular water body, compliance schedule and
monitoring requirement.
– Water Body Classification
– Effluent Quality Monitoring
– Water Quality Monitoring
• Beach Watch
• Tap Watch
• Ecowatch
Updates
• EMB MC 2016-012
EMB Approved Methods of
Analysis for Water and
Wastewater
• EMB MC 2016-007
• Operational Manual for
the National Water
Quality Management
The Manuals provide guidance and procedures on the assessment,
collection, use, disbursement and recording of the two Funds. The
Manual for the NWQMF guides the EMB Central Offices, Regional
Offices and the Pollution Adjudication Board on the proper recording and
use of the Fund while the Manual for the AWQMF provides similar
directions for the concerned EMB Regional Offices and the Water Quality
Management Area Governing Boards.
• DAO 2016-08
• Water Quality Guidelines and
General Effluent Standards of
2016
• MC 2015-006
• Guidelines for
Recreational Water
Monitoring Program
V. REPUBLIC ACT 6969
(TOXIC SUBSTANCES AND
HAZARDOUS AND NUCLEAR
WASTE CONTROL OF 1990)
To protect the public and the
environment from the risk or potential
dangers in the use or exposure to
chemicals from long term damage
brought about by careless handling or
disposal of hazardous wastes
To regulate the use, movement and
disposal of chemicals, hazardous and
nuclear wastes in the Philippines
Management of Chemicals and Toxic Substances
(Sections 14 to 23)
+ provides for the regulation of all chemical
substances that may pose threat to public
health and the environment whether through
import, manufacture, sale, use, distribution,
and disposal
On Effective Management of Toxic Chemicals and
Hazardous Wastes
 Issue Chemical Control Orders (CCOs) for Lead and
Arsenic in addition to Mercury, Asbestos, ODS,
Polychlorinated Biphenyls (PCBs) and Cyanide
 Provide technical assistance to hospitals
nationwide in coordination with the DOH on the
proper handling and disposal of healthcare
wastes
Update
Pursuant to Republic Act No. 6969, "Toxic Substances and Hazardous
and Nuclear Wastes Control Act of 1990" and the Joint DTI-DENR-DADOF-DOH-DILG-DOLE-DOTC Administrative Order No. 01 Series of
2009 on "The Adoption and Implementation of the Globally Harmonized
System of Classification and Labeling of Chemicals (GHS)", the
Environmental Management Bureau – DENR has issued DAO 2015-09.
Chemicals
Single substances and compounds covered under CCO and
PCL Chemicals initially listed
High Volume Toxic Chemicals
Toxic Chemicals under the IATA and IMDG list of
Dangeorous Goods
Mixtures
The Guidance Manual: EMB MC 2015-011
Effectivity
2016
2017
2018
2019
VI. REPUBLIC ACT 9003
(ECOLOGICAL SOLID
WASTE MANAGEMENT ACT OF 2003)
•
•
•
•
•
Compliance includes the following:
Sec 21 – Segregation at Source
Sec 23 – Segregated Collection
Sec 33 - Recovery/Recycling Systems
Sec 37 – Closure/Conversion of Open
Dumps to CDF
»Controlled Disposal Facilities
»Final Disposal Systems
VII. PRESIDENTIAL DECREE 1586
(ENVIRONMENTAL IMPACT
ASSESSMENT SYSTEM COMPLIANCE)
•
Environmental Impact Assessment
A systematic process that examines the
environmental consequences of an activity to:
- Bio-physical environment &
- socio-economic environment
and designing appropriate environmental Management
measures to mitigate negative consequences &
enhance the positive ones
- Includes Issuance of Environmental Compliance
Certificate (ECC) and Certificate of Non-Coverage
(CNC)
PHILIPPINE EIA SYSTEM FRAMEWORK
PD 1151 Philippine Environmental Policy (6 June 1977)
PD 1586 Establishment of the Philippine EIS System & the ECC Requirement
(11 June 1978)
Presidential Proclamation 2146 (1981)
Presidential Proclamation 803 (1996) (Generic
Description of Projects & Areas covered by the
Philippine EIS System)
Presidential Administrative Order 42
Rationalizing the Phil. EIS System
Implementation (2 November 2002)
DENR ADMINISTRATIVE ORDER (DAO) 2003-30 Implementing
Rules and Regulations for PD 1586 (30 June 2003)
Procedural Manual for DAO 2003-30 (Jan 2004
August 2007)
Updates
• DAO 2017-18 SUSPENSION OF THE DENR DAO
NO. 2017-04 DATED 02/15/2017 OR THE
“AMENDMENT OF DENR DAO NO. 2016-07
DATED 05/19/2016 ON MANUAL OF
AUTHORITIES ON TECHNICAL MATTERS”
• In the interest of service and in order to expedite the issuance of the
Environmental Compliance Certificate (ECC) in the regional level consistent
with the directive of the President to fast track issuance of government
permits and licenses, DENR Administrative Order No. 2017-04 is hereby
suspended indefinitely. It is understood that the processing of pending ECC
online and/or manual applications shall proceed pursuant to Administrative
Order nO. 42. s. 2002 and DAO 2016-17
Updates
• DAO 2017-15 GUIDELINES ON PUBLIC
PARTICIPATION UNDER THE PHILIPPINE
ENVIRONMENTAL IMPACT STATEMENT (EIS)
SYSTEM
• Consistent with the State Policies and Principles of the Philippine
Constitution on the right of the people to a balanced and healthful
ecology and on encouraging non-governmental, community-based, or
sectoral organizations that promote the welfare of the nation, the
provisions of PD 1151 and PD 1586 on the implementation of the
Philippine EIS System and