Philippines: Regulatory Framework
Generally, the Philippine Constitution provides the basis for
environmental protections and requires "the protection of the rights of
indigenous cultural communities to their ancestral lands to ensure their
economic, social, and cultural well-being." Local environmental protections
and restrictions apply to foreign-owned enterprises, and operations cannot
be detrimental to the country's general health and environment.
The Department of Environment and Natural Resources is the primary agency
responsible for protection, conservation, management, development, and
exploration of natural resources. Local environmental groups
have become more active in recent years. Concerns over adverse environmental
impacts by business activities have been presented by citizens groups and in
one of the more prominent issues, the Philippines Environmental Action
Network (PEAN) exerted pressure on Mitsubishi Corporation to halt production
of a coal-fired thermal plant in Masinloc.
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Legislation Addressing the Environment |
- Articles 2 and 12 of the 1987 Constitution Philippine
Environmental Code 1977
- Local Government Code 1991
- National Water and Air Pollution Control Commission Act
- Water Code Disposal of Garbage Act
- Hazardous Wastes Act
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The National Air and Waters Law of 1964 (Republic Act 3931) was the first
comprehensive law on air and water pollution in the Philippines. The
law mandates the "maintenance of reasonable standards of purity for the
waters and air of the Philippines."
The Prevention, Control, and Abatement of Air Pollution Decree
(Presidential Decree 1181) regulates air pollution from vehicles by setting
emission standards and requires vehicle inspections.
The Marine and Pollution Decree of 1976 (Presidential Decree 979) aims to
prevent and control pollution of the waters within the territorial
jurisdiction of the Philippines by making it illegal to dump wastes and
other materials which create hazards to human health, harm living resources
and marine life, or damages or interferes with the use of the waters. The
Decree closely mirrors the United States Clean Water Act in its scope of
prohibited acts.
The Toxic Substances and Hazardous and Nuclear Wastes Control Act of 1990
(Republic Act 6969) regulates the importation, manufacture, processing,
handling, transportation, storage, sale, distribution, use, and disposal of
all unregulated chemical substances and mixtures, including entry, storage,
and disposal of hazardous and nuclear waste. It also addresses risks posed
by chemicals either imported to or manufactured in the Philippines.
The Philippine Environmental Code of 1977 (Presidential Decree 1151) is
the general statement of the Philippine government setting forth the need to
protect the environment and focuses on the "need for controls and standards
of pollution and the rational exploitation of natural resources." This Code
has been responsible for the development of a comprehensive environmental
protection and management program and established standards for air quality,
water quality, land use management, natural resource management and
conservation, and waste management. It requires environmental impact
statement from private corporations and government entities for any project
that will have a significant effect on the environment. It requires that an
EIS contain a detailed statement noting any potentially adverse impacts,
alternatives to the proposed project, and a determination that the
short-term use of the environmental resource is consistent with its
long-term productivity.
The Environmental Impact Statement System (Presidential Decree 1586)
requires all agencies and instrumentalities of the national government and
all private firms and corporations to conduct an environmental impact
assessment of any project which may significantly affect the quality of the
environment. Prior to commencing any project determined to be
environmentally critical, the National Environmental Protection Council must
issue an Environmental Compliance Certificate.
The National Integrated Protected Areas System Act (Republic Act 7586)
prohibits certain activities within protected areas, seeks to protect plants
and animals, and establishes the system of national parks. Under this Act,
it is illegal to hunt or harvest plants or animals without a permit, to dump
wastes in protected areas, to use any motorized equipment without a permit
in these areas, to harm any object of natural beauty or cultural importance,
to pursue any mining or business enterprise without a permit, or pollute any
protected area.
As the realization has grown that protection of the environment must be
addressed on a global basis, the number of multilateral and bilateral
agreements has proliferated. Although over 200 agreements on international
environmental law have been negotiated since the early 1980s, determining
applicability to the Philippines requires continual review. Although there
may be environmental obligations, the country may not be a party to the
relevant treaty, or even if a party, the treaty may not place any binding
obligations on the state. In other instances, obligations are not found in
the treaty itself, but in subsequent protocols, to which the country may or
may not be a signatory.
Three of the most important and newest multinational environmental
treaties, Climate Change, Biodiversity, and Desertification have no
enforceable obligations for non-industrialized countries at this time.
However, other agreements, such as the Convention on International Trade in
Endangered Species of Wild Fauna and Flora (CITES) and the 1987 Montreal
Protocol to the 1985 Vienna Convention for the Protection of the Ozone Layer
(Montreal Protocol) use trade restrictions as a means of achieving
international environmental standards. For example, CITES permits parties to
prohibit imports and exports of endangered and threatened species of
wildlife. The Montreal Protocol requires that the use and production of
chlorofluorocarbons and other ozone-depleting chemicals be phased out and
stipulates that parties ban the import of controlled substances from
nonparty states. Although these treaties may conflict with the General
Agreement on Trade and Tariffs (GATT), they are in effect exceptions to the
GATT since they have priority as later treaties. However, where a nonparty
is a GATT member, GATT obligations remain and a waiver must be sought in the
case of a conflict. Therefore, the use of these conventions is far from
absolute.
The main agencies responsible for a national policy on environmental
protection in the Philippines are the Environmental Management Bureau (EMB)
and the Department of Environment and Natural Resources (DENR). The EMB is
responsible for the implementation of environment impact assessment outlined
in the Philippine Environment Policy (1977). The Pollution Adjudication
Board (PAB) determines pollution policy and consists of members from both
the DENR and the EMB. The Department of Agriculture is responsible for the
enforcement of marine conservation and protection laws.
Department of Environment and Natural
Resources
DENR Building, Visayas Avenue Diliman, Quezon City
Tel: 63 2 976 671
Fax: 63 2 922 6991
There are significant issues regarding environmental policies and
regulation in the Philippines. Although basic laws and regulations exist,
they are inconsistently enforced. Enforcement of environmental laws can be
through the Civil Code to abate a private or public nuisance, or through the
Penal Code to abate a public nuisance. Regardless, there is generally weak
enforcement of environmental laws and few incentives to invest in pollution
abatement equipment. Fines for the discharge of pollutants may be imposed,
but these fines have not been adjusted since 1976, despite numerous
devaluations of the peso. Wastewater treatment systems are generally not
properly maintained, operated, or improved. The regulatory framework
generally relies on standards applicable to all sources regardless of size
or type of industry. Air pollution and water standards apply to all
industrial facilities, with no difference for size or pollution intensity.
Water discharge standards are further based on concentrations of pollutants
rather than on total loadings to water bodies, which allows dilution to be a
means for compliance.
The Philippine Environmental Code is being revised to bring environmental
law into line with international environmental initiatives. The government
has more recently leaned towards delegation to local communities in
environmental law enforcement. |
