1. SHERWIN GIL E. AVESTRUZ
Special Investigator II, ORD-Legal
Environmental Management Bureau
Regional Office No. VIII
FRAMEWORK
of
Environmental Regulations
and
EMB Mandates, Plans and
Programs
2. Topics
• Executive Order No. 192 of 1987: Reorganization Act of the
Department of Environment and Natural Resources
• Presidential Decree No. 1151: Philippine Environmental Policy
• Presidential Decree 1152 or PD 1152: Philippine
Environmental Code
• The 1987 Philippine Constitution
• The Philippine Environmental Impact Statement System
• EMB Mandates, Plans, Programs
3. E.O 131
EXECUTIVE ORDER NO. 131
January 30, 1987
EO No. 131 was issued creating the Department of Energy,
Environment and Natural Resources (DEENR) that took the
powers and functions of Ministry of Natural Resources (MNR)
and embraced the emerging critical concern about energy and
environment.
4. E.O 192
EXECUTIVE ORDER NO. 192
June 10, 1987
EO No. 192 was issued “Providing for the Reorganization
of the Department of Environment, Energy and Natural
Resources (DEENR) and Renaming it as the Department of
Environment and Natural Resources (DENR), and for other
purposes.”
5. E.O 192
EXECUTIVE ORDER NO. 192
Main Feature:
Transfer energy matters to the Office of the President and
the decentralization of the bureaucracy by transforming the
former line bureaus to staff bureaus and transforming most of the
line function to the REGIONAL and FIELD offices of the DENR.
6. E.O 192
EXECUTIVE ORDER NO. 192
Sec. 16
There is hereby created 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
to EMB.
7. Objectives of E.O 192
EXECUTIVE ORDER NO. 192
Objectives:
1. Assure the availability and sustainability of the country’s
natural resources through judicious use and systematic
restoration or replacement, whenever possible;
2. Increase the productivity of natural resources in order to meet
the demands for forest, mineral, and land resources of a
growing population;
8. Objectives of E.O 192
EXECUTIVE ORDER NO. 192
Objectives:
3. Enhance the contribution of natural resources for achieving
national economic and social development;
4. Promote equitable access to natural resources by the
different sectors of the population; and
5. Conserve specific terrestrial and marine areas representative
of the Philippine natural and cultural heritage for present and
future generations.
9. National Environmental Framework
PRESIDENTIAL DECREE NO. 1151,
OTHERWISE KNOWN AS THE “PHILIPPINE
ENVIRONMENTAL POLICY”
AND
P.D 1152, OR THE PHILIPPINE ENVIRONMENTAL
CODE
June 6, 1977
10. FRAMEWORK
of
Environmental Regulations
PHILIPPINE ENVIRONMENTAL POLICY, (P.D 1151)
- mandated the formulation of 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.
11. P.D 1151
- Recognizes that the environment is a matter of
government responsibility. Aiming to launch a
comprehensive program of environmental
protection and management, the law covered the
following areas of concern: air quality
management, water quality management,
land-use management, natural resources
management and conservation and waste
management.
12. EIS REQUIREMENT
EIS Requirement: 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
detail statement on:
(a) the environmental impact of the proposed action,
project or undertaking;
13. EIS REQUIREMENT
(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
14. EIS REQUIREMENT
(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.
15. P.D 1152
Philippine Environmental Code (P.D 1152)
P.D 1152, on the other hand, defines the
management policy objectives and strategies for
water, air, natural resources, land and waste
management by prescribing the enforcement of
environmental quality standards
16. THE CONSTITUTION
THE PHILIPPINE CONSTITUTION
• 1973 Philippine Constitution
- Eventually considered inadequate against the changing needs of Filipinos, the 1935 Constitution was
replaced with a new one ratified in 1973. The 1973 Constitution was approved for ratification two
months after the imposition of the Martial Law on Nov. 29, 1972.
• Proclamation No. 3, 1986
- When Ferdinand E. Marcos was ousted in 1986, the new government led by Corazon C. Aquino
promulgated what is known as the Provisional “FREEDOM CONSTITUTION” of the Republic of the
Philippines.
• 1987 Philippine Constitution
- As mandated under the Freedom Constitution, the 1987 Constitution was promulgated by a
Constitutional Commission and ratified by Filipino people. The new Constitution restored the
Presidential form of government.
17. Relevant Provisions of the Constitution
Relevant Provisions of the Constitution
PREAMBLE
We, the sovereign Filipino people, imploring the aid of
Almighty God, in order to build a just and humane society, and
establish a government that shall embody our ideals and
aspirations, promote the common good, conserve and develop
our patrimony, and secure to ourselves and our posterity, the
blessings of independence and democracy under the rule of law
and a regime of truth, justice, freedom, love, equality and peace, do
ordain and promulgate this Constitution.
18. Relevant Provisions of the Constitution
Art. I – Philippine Territory
Philippine Territory comprises:
- Phil. Archipelago, with all the islands and waters
embraced therein, - and all other territories over w/c the
Philippines has sovereignty or jurisdiction (consisting of
terrestrial, fluvial, aerial domain, including territorial sea, the
seabed, the subsoil, the insular shelves and other submarine
areas)
19. Relevant Provisions of the Constitution
Art. I. Philippine Territory comprises:
- The waters around, between, and connecting the
islands of the archipelago, REGARDLESS of their breadth
and dimensions.
20. Relevant Provisions of the Constitution
Art. II- Declaration of Principles and State Policy, Sec. 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.”
21. Relevant Provisions of the Constitution
Art. II- Declaration of Principles and State Policy, Sec. 15
“The State shall protect and promote the right to health
of the people and instill health consciousness among them.”
22. Relevant Provisions of the Constitution
Art. II- Declaration of Principles and State Policy, Sec. 2
“The State adopts the generally accepted principles of
international law as part of the law of the land.”
23. Relevant Provisions of the Constitution
Art. XII- National Patrimony, Sec. 2
“All lands of public domain, waters, minerals, coal, petroleum,
and other mineral oils, all forces of potential energy, fisheries,
forests or timber, wildlife, flora and fauna and other natural
resources are own by the State. With the exception of agricultural
lands, all other natural resources shall not be alienated. The
exploration, development, and utilization of natural resources
shall be under the FULL CONTROL and SUPERVISION of the
State”
Art. XII- Sections 3, 4, and 5
24. Laws & Regulations
Environmental Laws and Regulations
R.A 8749. Clean Air Act of 1999
R.A 9275. Philippine Clean Water Act
P.D 1586. Environmental Impact Statement System
R.A 6969. Toxic Substances and Hazardous Waste Control
Act
R.A 9003. Ecological Solid Waste Management Act
R.A 9512. Environmental Education Act of 2008
25. R.A 8749
Republic Act No. 8749, the Philippine Clean Air Act of
1999
• On June 23, 1999, the Philippine Clean Air Act of 1999 (or Republic Act 8749) was
enacted. The law, which took effect on July 17, 1999, describes the requirements for a
comprehensive air pollution control and management program in the country. Its IRR
(DENR Administrative Order No. 2000-81) was signed by the DENR on November 7,
2000, and became effective on November 25, 2000.
• It provides for an Integrated Air Quality Improvement Framework designed to
implement a management and control program to reduce emissions and prevent air
pollution.
• It also provides for an Air Quality Control Action Plan that shall be implemented to
enforce appropriate devices, methods, systems, and measures to ensure air quality
control.
26. R.A 9275
Republic Act No. 9275, the Philippine Clean Water Act of
2004
• Aims to preserve, and revive the quality of the country’s fresh,
brackish, and marine waters by promoting environmental
strategies geared towards the protection of water resources.
• It also formulates an Integrated Water Quality Management
Framework and Water Quality Management Action Plan
for the utilization and development of the country’s water
supply and for the prevention of water pollution.
27. P.D 1586
Presidential Decree No. 1586, the Philippine Environmental
Impact Statement System
• Establishing Philippine Environmental Impact Statement
System, Including Other Environmental Management Related
Measures and for Other Purposes
• To attain and maintain a rational and orderly balance between
economic growth and environmental protection
• This policy is achieved through the sustainable use,
management, renewal and conservation of the country’s natural
resources including the protection and enhancement for the
use of the present and future generations.
28. R.A 6969
Republic Act No. 6969, Toxic Substances and Hazardous
and Nuclear Waste
• Regulates the importation, manufacture, distribution, use, and
disposal of chemical substances and hazardous waste that may pose
risks to human life and the environment.
• It also prohibits the entry of hazardous materials and nuclear wastes into
the country.
29. R.A 9003
Republic Act No. 9003, Ecological Solid Waste
Management Act of 2000
• Recognizes the State’s crucial responsibility to adopt a systematic,
comprehensive and ecological solid waste management program.
This is to ensure the protection of public health and the environment.
• The law sets guidelines and targets for solid waste avoidance and
volume reduction and aims to ensure the proper segregation,
collection, transport, storage, treatment and disposal of solid waste.
• Its Implementing Rules and Regulations (DAO 2001-34) was
approved in December 2001.
30. R.A 9512
Republic Act No. 9512, Environmental Awareness Act of
2008
• Responsible Agencies shall integrate environmental
education in its school curricula at all levels, whether
public or private, including Barangay Daycare, Preschool,
Non-formal, Technical vocational, Professional level,
Indigenous learning and out of school youth courses or
program.
Responsible Agencies:
DepEd, CHED, TESDA, DENR, DOST and other relevant
agencies.
31. Programs
• Environmental Impact Assessment and Management
• Environmental Education and Information
• Environmental Research and Laboratory Service
• Solid Waste Management
• Air Quality Management Service
• Water Quality Management Service
• Chemical Management
• Hazardous Waste Management
• Philippine Ozone Desk
• Pollution Adjudication Board
• PCB and E-Waste Management Project
34. Environmental Management Bureau
Regional Office No. VIII
EMB Building, DENR Compound, Jones St. Tacloban City, Philippines 6500
Water Quality Management Service
Adopt an Estero/ Waterbody Program
-a collaborative undertaking between and among the estero community,
donor-partners, local government unit/s, other government agencies and
the DENR. Response to the continuing mandamus by the Supreme
Court for agencies led by the DENR to clean up Manila Bay, particularly
through the esteros and waterways that empty into it.
35. Environmental Management Bureau
Regional Office No. VIII
EMB Building, DENR Compound, Jones St. Tacloban City, Philippines 6500
OBJECTIVES
ₒ Clean the Esteros of Wastes, debris, and silt starting 2010 until all have been
clean up.
ₒ Mobilize Estero Communities in cleaning the estero and enlist their active
participation in the actual clean up, and in implementing and preparing plans to
sustain a clean estero in the future years.
Sec. 3, refers to classification of public lands and limitation of ownership and possession thereof…
Sec. 4, refers to the survey and delineation of forest lands and national parks..
Sec. 5, refers to the protection of the rights of the indigenous people to their ancestral lands to ensure their economic, social and cultural well being...
