PHILIPPINE LAW on the ENVIRONMENT PHILIPPINE ENVIRONMENT LAWS • Philippine Clean Air Act of 1999 Republic Act No. 8749 • Animal Welfare Act of 1998 Republic Act No. 8485 • Philippine Fisheries Code of 1998 Republic Act No. 8550 • Philippine Mining Act of 1995 Republic Act No. 7942 • Chain Saw Act of 2002 • Republic Act No. 9175 • Toxic Substances & Hazardous & Nuclear Wastes Control Act of 1990 Republic Act No. 6969 • • • • Philippine Clean Water Act of 2004 Republic Act No. 9275 National Caves and Cave Resources Management and Protection Act Republic Act No. 9072 High-Value Crops Development Act of 1995 Republic Act No. 7900 Prohibition Against Cutting of Trees in Public Roads, Plazas, etc. Republic Act No. 3571 PHILIPPINE CLEAN AIR ACT OF 1999 REPUBLIC ACT NO. 8749 The Clean Air Act outlines the government’s measures to reduce air pollution and incorporate environmental protection into its development plans The law that provides a comprehensive air pollution control policy. Specifically, this legislative intends to apply air quality management in all sources in order to implement abatement and control of air pollution. • 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 health and safety, and general welfare. a) For National Ambient Air Quality Guideline for Criteria Pollutants: b) For National Ambient Air Quality Standards for Source Specific Air Pollutants from: Industrial Sources/ Operations: • Pollution from Motor Vehicles. a) For light duty vehicles, the exhaust emission limits for gaseous pollutants shall be: Emission Limits for Light Duty Vehicles Type Approval (Directive 91/441/EEC) b) For light commercial vehicles, the exhaust emission limit of gaseous pollutants as a function of the given reference mass shall be: c) For heavy duty vehicles, the exhaust emission limits of gaseous pollutants shall be: • • The Department, in collaboration with the DOTC, DTI and LGUs, shall develop an action plan for the control and management of air pollution from motor vehicles consistent with the Integrated Air Quality Framework. The DOTC shall enforce compliance with the emission standards for motor vehicles set by the Department. The DOTC may deputize other law enforcement agencies and LGUs for this purpose. To this end, the DOTC shall have the power to: Pollution from smoking Ozone-Depleting Substances Prohibitions and Penalties • 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 (P100,000.00) for every day of violation against the owner or operator of a stationary source until such time that the standards have been complied with. • No motor vehicle shall be registered with the DOTC unless it meets the emission standards set by the Department as provided in Sec. 21 hereof. In addition, the driver and operator of the apprehended vehicle shall undergo a seminar on pollution control management conducted by the DOTC and shall also suffer the following penalties: • First Offense - a fine not to exceed Two Thousand Pesos (P2,000.00) • Second Offense - a fine not less than Two Thousand Pesos (P2,000.00) and not to exceed Four Thousand Pesos (P4,000.00) • Third offense - one (1) year suspension of the Motor Vehicle Registration (MVR) and a fine of not less than Four Thousand Pesos (P4,000.00) and not more than Six thousand pesos (P6,000.00) • 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 (P10,000) but not more than One Hundred thousand Pesos (P100,000) 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. ANIMAL WELFARE ACT OF 1998 REPUBLIC ACT NO. 8485 It makes owners and keepers responsible for ensuring that the welfare needs of their animals are met. 1. For a suitable environment (place to live) 2. For a suitable diet 3. To exhibit normal behavior patterns 4. To be housed with, or apart from, other animals (if applicable) 5. To be protected from pain, injury, suffering and disease It shall be the duty of every person to protect the natural habitat of the wildlife It shall be unlawful for any person to torture any animal, to neglect to provide adequate care, sustenance or shelter, or maltreat any animal or to subject any dog or horse to dogfights or horsefights, kill or cause or procure to be tortured or deprived of adequate care, sustenance or shelter, or maltreat or use the same in research or experiments not expressly authorized by the Committee on Animal Welfare. The killing of any animal other than cattle pigs, goats, sheep, poultry, rabbits, carabaos, horses, deer and crocodiles is likewise hereby declared unlawful except in the following instances When it is done as part of the religious rituals of an established religion or sect or a ritual required by tribal or ethnic custom of indigenous cultural communities; however, leaders shall keep records in cooperation with the Committee on Animal Welfare; When the pet animal is afflicted with an incurable communicable disease as determined and certified by a duly licensed veterinarian When the killing is deemed necessary to put an end to the misery suffered by the animal as determined and certified by a duly licensed veterinarian When done for the purpose of animal population control When the animal is killed after it has been used in authorized research or experiments Prohibitions and Penalties Any person who violates any of the provisions of this Act shall, upon conviction by final judgment, be punished by imprisonment of not less than six (6) months nor more than two (2) years or a fine of not less than One thousand pesos (P1,000.00) nor more than Five thousand pesos (P5,000.00) or both at the discretion of the Court. If the violation is committed by a juridical person, the officer responsible therefor shall serve the imprisonment when imposed. If the violation is committed by an alien, he or she shall be immediately deported after service of sentence without any further proceedings. PHILIPPINE FISHERIES CODE OF 1998 REPUBLIC ACT NO. 8550 The Code makes provision for the management and conservation of fisheries and aquaculture in the Philippines and the reconstitution or establishment of fisheries institutions both at the national and local level. It aims to improve the productivity of the country's fishery sector and provide conservation and protection to aquatic resources. 1. Conservation, protection and sustained management of the country's fishery and aquatic resources 2. Poverty alleviation and the provision of supplementary livelihood among municipal fisherfolk 3. Improvement of productivity of aquaculture within ecological limits; 4. Optimal utilization of off-shore and deep-sea resources Philippine Fisheries Prohibitions and Penalties • Unauthorized Fishing or Engaging in Other Unauthorized Fisheries Activities • Fishing Through Explosives, Noxious or Poisonous Substance, and/or Electricity. 1. Mere possession of explosive, noxious or poisonous substances or electrofishing devices for illegal fishing shall be punishable by imprisonment ranging from six (6) months to two (2) years 2. Actual use of explosives, noxious or poisonous substances or electrofishing devices for illegal fishing shall be punishable by imprisonment ranging from five (5) years to ten (10) years without prejudice to the filing of separate criminal cases when the use of the same result to physical injury or loss of human life 3. Dealing in, selling, or in any manner disposing of, for profit, illegally caught/gathered fisheries species shall be punished by imprisonment ranging from six (6) months to two (2) years. • Dynamite Fishing • Fine Net Fishing • Use of Fine Mesh Net 1. Violation of the above shall subject the offender to a fine from Two thousand pesos (P2,000.00) to Twenty thousand pesos (P20,000.00) or imprisonment form six (6) months to tow (2) years or both such fine and imprisonment at the discretion of the court • Ban on Muro-Ami, Other Methods and Gear Destructive to Coral Reefs and Other Marine Habitat 1. The operator, boat captain, master fisherman, and recruiter or organizer of fishworkers who violate this provision shall suffer a penalty of two (2) years to ten (10) years imprisonment and a fine of not less than One hundred thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) or both such fine and imprisonment, at the discretion of the court. The catch and gear used shall be confiscated PHILIPPINE MINING ACT OF 1995 REPUBLIC ACT NO. 7942 An act instituting a new system of mineral resources exploration, development, utilization, and conservation . All mineral resources in public and private lands within the territory and exclusive economic zone of the Republic of the Philippines are owned by the State. 1. Mineral Reservations 2. Authority of the Department 3. Quarry Permit 4. Mineral Trading Registration Prohibitions and Penalties • False Statements Any person who knowingly presents any false application, declaration, or evidence to the Government or publishes or causes to be published any prospectus or other information containing any false statement relating to mines, mining operations or mineral agreements, financial or technical assistance agreements and permits shall, upon conviction, be penalized by a fine of not exceeding Ten thousand pesos (P10,000.00). • Destruction of Mining Structures Any person who willfully destroys or damages structures in or on the mining area or on the mill sites shall, upon conviction, be imprisoned for a period not to exceed five (5) years and shall, in addition, pay compensation for the damages which may have been caused thereby. • Theft of Minerals Any person extracting minerals and disposing the same without a mining agreement, lease, permit, license, or steals minerals or ores or the products thereof from mines or mills or processing plants shall, upon conviction, be imprisoned from six (6) months to six (6) years or pay a fine from Ten thousand pesos (P10,000.00) to Twenty thousand pesos (P20,000.00) or both, at the discretion of the appropriate court. In addition, he shall be liable to pay damages and compensation for the minerals removed, extracted, and disposed of. In the case of associations, partnerships, or corporations, the president and each of the directors thereof shall be responsible for the acts committed by such association, corporation, or partnership. CHAIN SAW ACT OF 2002 REPUBLIC ACT NO. 9175 An act regulating the ownership, possession, sale, importation and use of chainsaws, penalizing violations thereof and for other purposes Persons Authorized to Manufacture, Sell, and Import Chainsaws. - Chaisaws shall only be sold and/or imported by manufacturers, dealers and/or private owners who are duly authorized by the Department. Persons Authorized to Possess and Use a Chainsaw. - The Department is hereby authorized to issue permits to possess and/or use a chainsaw for the felling and/or cutting of trees, timber and other forest or agro-forest products to any applicant who Registration of Chainsaws all persons who own or are otherwise in possession of chainsaws must register the same with the Department Prohibitions and Penalties Selling, Purchasing, Re-selling, Transferring, Distributing or Possessing a Chainsaw Without a Proper Permit. Any person who sells, purchases, transfers the ownership, distributes, or otherwise disposes or possesses a chainsaw without first securing the necessary permit from the Department shall be punished with imprisonment of four (4) years, two (2) months and one (1 ) day to six years or a fine of not less than Fifteen thousand pesos (PhP 15,000.00) but not more than Thirty thousand pesos (PhP 30,000.00) or both at the discretion of the court, and the chainsaw/s confiscated in favor of the government. Unlawful Importation or Manufacturing of Chainsaw. Any person who imports or manufactures a chainsaw without obtaining prior authorization from the Department shall be punished by imprisonment of not less than one (1) month nor more than six (6) months and a fine of not less than One thousand pesos (PhP 1,000.00) nor more than four thousand pesos (PhP 4,000.00) Actual Unlawful Use of Chainsaw. Any person who is found to be in possession of a chainsaw and uses the same to cut trees and timber in forest land or elsewhere except as authorized by the Department shall be penalized with imprisonment of six (6) years and one (1) day to eight (8) years or a fine of not less than Thirty thousand pesos (PhP 30,000.00) but not more than Fifty thousand pesos (PhP 50,000.00) or both at the discretion of the court without prejudice to being prosecuted for a separate offense that may have been simultaneously committed. The chainsaw unlawfully used shall be likewise confiscated in favor of the government. Reward • Any person who voluntarily gives information leading to the recovery or confiscation of an unregistered chainsaw and the conviction of persons charged thereof shall be entitled to a reward equivalent to twenty (20%) of the value of the chainsaw unit/s. The Department is authorized to include in its budget the amount necessary to carry out the purpose of this section. TOXIC SUBSTANCES & HAZARDOUS & NUCLEAR WASTES CONTROL ACT OF 1990 REPUBLIC ACT NO. 6969 • It is a policy that regulates, and prohibits the distribution, and disposal of certain chemical mixtures and substances that provide harmful risks to the citizens and the environment. • It also allows the advancement, and studies on toxic chemicals. • It covers 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 purpose. Objectives • To properly store and monitor the chemicals being used • To inform and educate the populace regarding the hazards and risks of these substances • To prevent hazardous and nuclear wastes from being used in the country • These can all prevent unwanted outcomes such as toxic spills that can greatly damage the environment and affect the health of the people Implementing agencies • Department of Agriculture and Natural Resources (headed by Arthur Yap) • Department of Environment and Natural Resources (headed by Lito Atienza) • Secretary of Health • Secretary of Trade and Industry • Secretary of Science and Technology • Secretary of National Defense • Secretary of Foreign Affairs • Secretary of Labor and Employment • Secretary of Finance • Secretary of Agriculture • Director of Philippine Nuclear Research Institute • Representative from non-governmental organization on health and safety Prohibitions and Penalties The following acts shall be considered unlawful a) Knowingly use a chemical substance or mixture which is imported, manufactured, processed or distributed in violation of this Act or implementing rules and regulations or orders; b) Failure or refusal to comply with the pre-manufacture and pre-importation requirements c) Cause, aid or facilitate, directly or indirectly, in the storage, importation, or bringing into Philippines 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. PHILIPPINE CLEAN WATER ACT OF 2004 REPUBLIC ACT NO. 9275 • The law that provides a comprehensive water pollution control policy. Specifically, this legislative intends to apply water quality management in all water bodies in order to implement abatement and control of pollution from land based sources • Water quality management primalily to abatement and control of pollution from land-based sources. Objectives Aims to protect the country’s waters bodies from pollutions from land-based sources Provides for a comprehensive and integrated strategy to prevent and minimize pollution through a multi sectoral and participatory approach involving all stakeholders Prohibitions and Penalties The following acts are hereby prohibited • 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 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 NATIONAL CAVES AND CAVE RESOURCES MANAGEMENT AND PROTECTION ACT REPUBLIC ACT NO. 9072 the State to conserve, protect and manage caves and cave resources as part of the country's natural wealth Implementing Agencies 1. DENR 2. DOT 3. National Museum 4. National Historical Institute 5. LGU Prohibitions and Penalties • Knowingly destroying, disturbing, defacing, marring, altering, removing, or harming the speleogem or speleothem of any cave or altering the free movement of any animal or plant life into or out of any cave • Gathering, collecting, possessing, consuming, selling, bartering or exchanging or offering for sale without authority any, cave resource • Counselling, procuring, soliciting or employing any other person to violate any provisions of this Section • Any person found guilty of any of the offenses enumerated under Prohibition hereof shall be punished by imprisonment from two (2) years to six (6) years or a fine ranging from Twenty thousand pesos (P20,000) to five hundred thousand pesos (P500,000.00) or both at the discretion of the Court HIGH-VALUE CROPS DEVELOPMENT ACT OF 1995 REPUBLIC ACT NO. 7900 An act to promote the production, processing, marketing and distribution of high-valued crops, providing funds therefor, and for other purposes The State to accelerate the growth and development of agriculture in general, enhance productivity and incomes of farmers and the rural population, improve investment climate, competencies and efficiency of agribusiness and develop high-value crops as export crops. Scope of Application This Act shall cover upland dwellers as well as lowland tenants, indigenous and cultural communities, Comprehensive Agrarian Reform Program (CARP) beneficiaries, upland farm owners, farmers, farmers' organizations/associations/cooperatives, community associations and farmworkers PROHIBITION AGAINST CUTTING OF TREES IN PUBLIC ROADS, PLAZAS, ETC. REPUBLIC ACT NO. 3571 An act to prohibit the cutting, destroying or injuring of planted or growing trees, flowering plants and shrubs or plants of scenic value along public roads, in plazas, parks, school premises or in any other public ground No cutting, destroying, or injuring of planted or growing trees, flowering plants and shrubs or plants of scenic value along public roads, in plazas parks, school premises or in any other public ground Prohibitions and Penalties • Any person who shall cut, destroy or injure trees, flowering plants and shrubs or plants of scenic value mentioned in the preceding sections of this Act, shall be punished by prison correctional in its minimum period to prison mayor in its minimum period.