DREAMQUEST CONSULTING AND

TRAINING SERVICES

 YOUR PARTNER
 DAY 1

Framework of Environmental
Regulations and EMB Mandates,
Plans and Programs
 COURSE OBJECTIVES

1. Understand the Philippine Constitution regarding

environmental management, health and safety and the
rights of individual.
2. Understand the requirements of PD 1151: Philippine
Environmental Policy, which includes pollution control and
Environmental Impact Statement, (EIS)
3. Understand the requirements of PD 1152 Philippine
Environmental Code
4. Understand the historical changes and DENR re –
organization, EO 192, 1987 and their implication to the
current laws on pollution control and environmental
management system.
THE 1987
CONSTITUTION OF THE
REPUBLIC OF THE
PHILIPPINES
 ARTICLE I
NATIONAL TERRITORY

 The national territory comprises the

Philippine archipelago, with all the
islands and waters embraced therein,
and all other territories over which the
Philippines has sovereignty or
jurisdiction, consisting of its terrestrial,
fluvial, and aerial domains, including its
territorial sea, the seabed, the subsoil,
the insular shelves, and other submarine
areas.
ARTICLE II DECLARATION OF PRINCIPLES AND STATE
POLICIES

 Section 1. The Philippines

is a democratic and
republican State.
Sovereignty resides in the
people and all
government authority
emanates from them.
 ARTICLE II DECLARATION OF
PRINCIPLES AND STATE POLICIES

Section 5. The maintenance of peace

and order, the protection of life, liberty,
and property, and promotion of the
general welfare are essential for the
enjoyment by all the people of the
blessings of democracy.
ARTICLE II DECLARATION OF
PRINCIPLES AND STATE POLICIES

Section 13. The State recognizes

the vital role of the youth in
nation-building and shall promote
and protect their physical, moral,
spiritual, intellectual, and social
well-being. It shall inculcate in the
youth patriotism and nationalism,
and encourage their involvement
in public and civic affairs.
ARTICLE II DECLARATION OF
PRINCIPLES AND STATE POLICIES

Section 14. The State

recognizes the role of women
in nation-building, and shall
ensure the fundamental
equality before the law of
women and men.
 ARTICLE II DECLARATION OF
PRINCIPLES AND STATE POLICIES

Section 16.
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.
ARTICLE II DECLARATION OF
PRINCIPLES AND STATE POLICIES

Section 17. The State shall give

priority to education, science and
technology, arts, culture, and sports
to foster patriotism and nationalism,
accelerate social progress, and
promote total human liberation and
development.
 ARTICLE III BILL OF RIGHTS

Section 1. No person shall

be deprived of life, liberty,
or property without due
process of law, nor shall any
person be denied the equal
protection of the laws.
 ARTICLE III BILL OF RIGHTS

Section 7. The right of the people to information on

matters of public concern shall be recognized. Access to
official records, and to documents and papers pertaining
to official acts, transactions, or decisions, as well as to
government research data used as basis for policy
development, shall be afforded the citizen, subject to
such limitations as may be provided by law.
 ARTICLE III BILL OF RIGHTS

Section 19. (1) Excessive fines shall not be imposed, nor

cruel, degrading or inhuman punishment inflicted.
Neither shall death penalty be imposed, unless, for
compelling reasons involving heinous crimes, the
Congress hereafter provides for it. Any death penalty
already imposed shall be reduced to reclusion perpetua.
 ARTICLE VII EXECUTIVE DEPARTMENT

Section 12. In case of serious illness of the President,

the public shall be informed of the state of his health.
The members of the Cabinet in charge of national
security and foreign relations and the Chief of Staff of
the Armed Forces of the Philippines, shall not be denied
access to the President during such illness.
 ARTICLE XIV EDUCATION, SCIENCE AND
TECHNOLOGY, ARTS, CULTURE AND SPORTS
EDUCATION

Section 1. The State shall protect and

promote the right of all citizens to quality
education at all levels, and shall take
appropriate steps to make such education
accessible to all.
 Presidential Decree No. 1151
The Philippine Environmental Policy

(JUNE 1977)

WHEREAS, the individual and, at times, conflicting demands of

population growth, urbanization, industrial expansion, rapid
natural resources utilization and increasing technological
advances have resulted in a piece-meal-approach concept of
environmental protection;

WHEREAS, such tunnel-vision concept is not conducive to the

attainment of an ideal environmental situation where man and
nature can thrive in harmony with one another; and

WHEREAS, there is now an urgent need to formulate an

intensive, integrated program of environmental protection that
will bring about a concerted effort towards the protection of the
entire spectrum of the environment through a requirement of
environmental impact assessments and statements;
 Presidential Decree No. 1151
The Philippine Environmental Policy

Presidential Decree No. 1151

THE PHILIPPINE ENVIRONMENTAL POLICY
1977

Section 1 – POLICY

(a) to create, develop, maintain, and improve conditions under which man and
nature can thrive in productive and enjoyable harmony with each other,

(b) to fulfill the social, economic and other requirements of present and future
generations of Filipinos, and

(c) to insure the attainment of an environmental quality that is conducive to a

life of dignity and well-being.
 Presidential Decree No. 1151
The Philippine Environmental Policy

Section 2 – GOAL

(a) recognize, discharge and fulfill the responsibilities of each

generation as trustee and guardian of the environment for
succeeding generations,
(b) assure the people of a safe, decent, healthful, productive and
aesthetic environment,
(c) encourage the widest exploitation of the environment without
degrading it, or endangering human life, health and safety or creating
conditions adverse to agriculture, commerce and industry,
(d) preserve important historic and cultural aspects of the Philippine
heritage,
(e) attain a rational and orderly balance between population and
resource use, and (f) improve the utilization of renewable and non-
renewable resources.
 Presidential Decree No. 1151
The Philippine Environmental Policy

Section 3 - RIGHT TO A HEALTHY ENVIRONMENT

The Government recognizes the right of the people to a

healthful environment. It shall be the duty and
responsibility of each individual to contribute to the
preservation and enhancement of the Philippine
environment.
 Presidential Decree No. 1151
The Philippine Environmental Policy

Section 4 - ENVIRONMENTAL IMPACT STATEMENTS

All agencies and instrumentalities of the national government,

including government-owned or controlled corporations, as well as
private corporations, firms and entities shall prepare, file and
include in every action, project or undertaking which significantly
affects the quality of the environment a detailed statement on:

a) the environmental impact of the proposed action, project or

undertaking;
 Presidential Decree No. 1151
The Philippine Environmental Policy

Section 4 - ENVIRONMENTAL IMPACT STATEMENTS

b) any adverse environmental effect which cannot be avoided should

the proposal be implemented;
c) alternative to the proposed action;
d) a determination that the short-term uses of the resources of the
environment are consistent with the maintenance and enhancement of
the long-term productivity of the same; and
e) whenever a proposal involves the use of depletable or non-
renewable resources, a finding must be made that such use and
commitment are warranted.
 Presidential Decree No. 1151
The Philippine Environmental Policy

Environmental Impact Statements:

The Environmental Impact Assessment (EIA) System in the

Philippines is officially referred to as the Philippine EIS System (PEISS)
~~ officially established under Presidential Decree 1586 on 11 June
1978
~~ Was first implemented under National Environmental Protection
Council (NEPC) under PD 1151.
 Presidential Decree No. 1152
The Philippine Environmental Code

Presidential Decree No. 1152

The Philippine Environmental Code (1977)

Creation of National Environmental Protection

Council (NEPC)
under PD 1151.
 Presidential Decree No. 1152
The Philippine Environmental Code

WHEREAS, the broad spectrum of environment has become a matter of vital

concern to the government;

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

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

WHEREAS, such a program can assume tangible and meaningful significance only by
establishing specific environment management policies and prescribing environment
quality standards in a Philippine Environment Code:
 Presidential Decree No. 1152
The Philippine Environmental Code

TITLE I : AIR QUALITY MANAGEMENT

Section 2. Purposes.

The purposes of this Title are:

(a) to achieve and maintain such levels of air quality as to protect public health;
and
(b) to prevent to the greatest extent practicable, injury and/or damage to plant
and animal life and property, and promote the social and economic
development of the country.
 Presidential Decree No. 1152
The Philippine Environmental Code

Chapter I
Standards

Section 3. Ambient Air Quality Standards. There shall be established

ambient air quality standards which shall prescribe the maximum
concentration of air pollutants permissible in the atmosphere consistent
with public health, safety and general welfare.

.
 Presidential Decree No. 1152
The Philippine Environmental Code

Chapter I
Standards

Section 4. National Emission Standards. There shall be

established national emission standards for new and
existing stationary and mobile sources of pollution which
shall consider among others such factors as type of industry,
practicable control technology available, location and land
use, and the nature of pollutants emitted.
.
 Presidential Decree No. 1152
The Philippine Environmental Code

Chapter I
Standards

Section 5. Community Noise Standards. Appropriate

standards for community noise levels shall be
established considering, among others, location,
zoning and land use classification.
 Presidential Decree No. 1152
The Philippine Environmental Code

Chapter I
Standards
.
Section 6. Standards for Noise-Producing Equipment. There shall
be established a standard for noise producing equipment such as
construction equipment, transportation equipment, stationary
engines, and electrical or electronic equipment and such similar
equipment or contrivances.
The standards shall set a limit on the acceptable level of noise
emitted from a given equipment for the protection of public health
and welfare, considering among others, the magnitude and condition
of use, the degree of noise reduction achievable through the
application of best available technology and the cost of compliance.
The Installation of any noise-producing equipment shall conform with
the requirements of Presidential Decree No. 1096 and other
applicable laws as well as their implementing rules and regulations.
 Presidential Decree No. 1152
The Philippine Environmental Code

TITLE II
WATER QUALITY MANAGEMENT

Section 14. Purpose. It is the purpose of this Title to prescribe

management guidelines aimed to protect and improve the quality of
Philippine water resources through:
(a) classification of Philippine waters;
(b) establishment of water quality standards;
(c) protection and improvement of the quality of the Philippine water
resources, and
(d) responsibilities for surveillance and mitigation of pollution incidents.
 Presidential Decree No. 1152
The Philippine Environmental Code

TITLE III

LAND USE MANAGEMENT

Section 22. Purpose. The purposes of this Title are:

(a) to provide a rational, orderly and efficient acquisition, utilization and
disposition of land and its resources in order to derive therefrom
maximum benefits; and

(b) to encourage the prudent use and conservation of land resources

in order to prevent and imbalance between the nation's needs and
such resources.
 Presidential Decree No. 1152
The Philippine Environmental Code

Section 24. Location of Industries.

In the location of industries, factories, plants,
depots and similar industrial establishments,
the regulating or enforcing agencies of the
government shall take into consideration the
social, economic, geographic and significant
environmental impact of said establishments.
 Presidential Decree No. 1152
The Philippine Environmental Code

TITLE V WASTE MANAGEMENT

Section 42. Purpose. The purposes of this Title are:

(a) to set guidelines for waste management with a view to ensuring its
effectiveness;
(b) to encourage, promote and stimulate technological, educational
economic and social efforts to prevent environmental damage and
unnecessary loss of valuable resources of the nation through
recovery, recycling and re-use of wastes and waste products; and
(c) to provide measures to guide and encourage appropriate
government agencies in establishing sound, efficient, comprehensive
and effective waste management.
 Presidential Decree No. 1152
The Philippine Environmental Code

Chapter II
Methods of Solid Waste Disposal

Section 45. Solid Waste Disposal. Solid Waste disposal shall be

by sanitary landfill, incineration, composing, and other methods as
may be approved by competent government authority.
 RECENT HISTORY OF THE DENR

1916 (Act No. 2666 )

- Department of Agriculture and Natural Resources (DANR).

1974 (Presidential Decree No. 461)

- DANR’s reorganization into 2 departments, namely:
the Department of Agriculture (DA) and the
Department of Natural Resources (DNR).

1978 (Shift to a parliamentary form of government)

- DNR became the Ministry of Natural Resources (MNR)

1985
- the concern on fish and fisheries was transferred to the Ministry of
Agriculture, leaving the MNR with only three (3) bureaus aside from the
attached entities.
 RECENT HISTORY OF THE DENR

January 30, 1987, Executive Order No. 131

- created the Department of Energy, Environment and Natural
Resources (DEENR) that took the powers and functions of the MNR
and embraced the emerging critical concerns about energy and
environment.

However, EO 131 was never implemented.

June 10, 1987, Executive Order No. 192

- reorganized the DEENR and renaming it as the
Department of Environment and Natural Resources (DENR).
 Executive Order No. 192
Reorganization of the DENR

EXECUTIVE ORDER NO. 192 (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.
 Executive Order No. 192
Reorganization of the DENR

Section 4 - Mandate (DENR)

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.
 Executive Order No. 192
Reorganization of the DENR

Section 4 - Mandate (DENR)

Powers and Functions

To accomplish its mandate, the Department shall have the
following powers and functions:

a. Advise the President on the enactment of laws relative to the

development, use, regulation, and conservation of the country's
natural resources and the control of pollution;
 Executive Order No. 192
Reorganization of the DENR

Section 4 - Mandate (DENR)

b. Formulate, implement, and supervise the government's

policies, plans and programs pertaining to the management,
conservation, development, use and replenishment of the
country's natural resources;

c. Promulgate rules and regulations in accordance with law

governing the exploration, development, conservation, extraction,
disposition, use and such other commercial activities tending to
cause the depletion and degradation of our natural resources;
 Executive Order No. 192
Reorganization of the DENR

Section 4 - Mandate (DENR)

Powers and Functions

d. Exercise supervision and control over forest lands, alienable and

disposable lands, and mineral resources and in the process of exercising
such control, the Department shall impose appropriate payments, fees,
charges, rentals, and any such form of levy and collect such revenues
for the exploration, development, utilization or gathering of such
resources;

f. Promote proper and mutual consultation with the private sector

involving natural resources development, use and conservation;
 Executive Order No. 192
Reorganization of the DENR

Section 4 - Mandate (DENR)

Powers and Functions

k. Assume responsibility for the assessment, development, protection,

conservation, licensing and regulation as provided for by law, where
applicable, of all natural resources; the regulation and monitoring of
service contractors, licensees, lessees, and permittees for the
extraction, exploration, development and utilization of natural
resource products; the implementation of programs and measures with
the end in view of promoting close collaboration between the government
and the private sector; the effective and efficient classification and sub-
classification of lands of the public domain; and the enforcement of natural
resources laws, rules and regulations;
 Executive Order No. 192
Reorganization of the DENR

Section 4 - Mandate (DENR)

Powers and Functions

o. Promulgate rules and regulations for the control of water, air and
land pollution;

p. Promulgate ambient and effluent standards for water and air

quality including the allowable levels of other pollutants and
radiations;
 Executive Order No. 192
Reorganization of the DENR
Section 6 - Structural Organization

The Department shall consist of the Department proper, the Staff offices,
the Staff bureaus, and the regional/provincial/community natural resources
offices.

The Staff Sectoral Bureaus:

a. Forest Management Bureau
b. Lands Management Bureau
c. Mines and Ge-osciences Bureau
d. Environmental Management Bureau
e. Ecosystems Research and Development Bureau
f. Protected Areas and Wildlife Bureau

The field offices shall consist of all the: department regional offices,
the provincial offices, and the community offices.
 Executive Order No. 192
Reorganization of the DENR

Section 16 - Environmental Management Bureau

The National Environmental Protection Council (NEPC), the

National Pollution Control Commission (NPCC), and the
Environmental Center of the Philippines (ECP), are hereby abolished
and their powers and functions are hereby integrated into the
Environmental Management Bureau.

The Environmental Management Bureau

shall be headed by a Director and assisted by an Assistant Director
who shall advise the Secretary on matters relating to
environmental management, conservation, and pollution
control.
 Executive Order No. 192
Reorganization of the DENR

Section 16 - Environmental Management Bureau

The Environmental Management Bureau shall have the following functions:

a. Recommend possible legislations, policies and programs for

environmental management and pollution control;

b. Advise the Regional Offices in the efficient and effective implementation

of policies, programs, and projects for the effective and efficient
environmental management and pollution control;

c. Formulate environmental quality standards such as the quality

standards for water, air, land, noise, and radiations;
 Executive Order No. 192
Reorganization of the DENR

Section 16 - Environmental Management Bureau

d. Recommend rules and regulations for environmental impact

assessments and provide technical assistance for their implementation
and monitoring;

e. Formulate rules and regulations for the proper disposition of solid

wastes, toxic, and hazardous substances;

f. Advise the Secretary on the legal aspects of environmental

management and pollution control and assist in the conduct of public
hearings in pollution cases;

g. Provide secretariat assistance to the Pollution Adjudication Board,

created under Section 19 hereof;
 Executive Order No. 192
Reorganization of the DENR

Section 16 - Environmental Management Bureau

h. Coordinate the inter-agency committees that may be created for the

preparation of the State of the Philippine Environment Report and the
National Conservation Strategy;

i. Provide assistance to the Regional Offices in the formulation and

dissemination of information on environmental and pollution matters
to the general public;

j. Assist the Secretary and the Regional Officers by providing technical

assistance in the implementation of environmental and pollution laws; and

k. Provide scientific assistance to the Regional Offices in the conduct of

environmental research programs.
 Executive Order No. 192
Reorganization of the DENR

Section 21 –
Functions of Environment and Natural Resources Regional Office

Environment and Natural Resources Regional Offices shall be located in the

identified regional capitals and shall have the following functions, but not
limited to:

a. Implement laws, policies, plans, programs, projects, rules and regulations

of the Department to promote the sustainability and productivity of natural
resources, social equity in natural resource utilization and environmental
protection;

c. Coordinate with regional offices of other departments, offices, agencies

in the region and local government units in the enforcement of natural
resource conservation laws and regulations, and in the
formulation/implementation of natural resources programs and projects;
THANK YOU