ENVIRONMENTAL LAW

The Philippine’s Environmental Policy is enunciated in Presidential Decree No. 1151 (1977) which
declares that it is the continuing policy of the State to:

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

(2) fulfill the social, economic, and other requirements of present and future generations of Filipinos; and

(3) ensure the attainment of an environmental quality that is conducive to a life of dignity and well-being.

The Decree also established the environmental impact assessment system, which requires private
establishments and government agencies to submit Environmental Impact Statements (EIS) for every
action, project, or undertaking planned by them, which significantly affects the quality of the environment.
However, Presidential Decree No 1586 (1978) limited the coverage of the EIS requirement of Presidential
Decree No 1151 by specifying that only projects and areas which are environmentally critical will
automatically fall within its purview. Proclamation No 2146, issued on 14 December 1981, identified three
types of environmentally critical projects, namely:

(1) Heavy Industries

(a) non-ferrous metal industries

(b) iron and steel mills

(c) petroleum and petro-chemical industries, including oil and gas

(d) smelting plants

(2) Resource Extractive Industries

(a) major mining and quarry projects

(b) forestry products

(i) logging

(ii) major wood processing projects

(iii) introduction of fauna (exotic-animals) into public/private forests

(iv) forest occupancy

(v) extraction of mangrove products

(vi) grazing

(c) fishery projects

(i) dikes and fishpond development projects

(3) Infrastructure Projects

(a) major dams

(b) major power plants (fossil-fueled, nuclear-fueled, hydro-electric or geothermal)

(c) major reclamation projects(d) major roads and bridges

Environmentally critical areas include the following:

(2) areas set aside as aesthetic potential tourist spots;

(3) areas which constitute the habitat for any endangered or threatened species of indigenous
Philippine wildlife (flora and fauna);

(4) areas of unique historical, archeological or scientific interests;

(5) areas which are traditionally occupied by cultural communities or tribes;

(6) areas frequently visited and/or hard-hit by natural calamities (geologic hazards, floods,
typhoons);

(7) areas with critical slopes;

(8) areas classified as prime agricultural lands;

(9) aquifers recharge areas;

(10) water bodies;

(11) mangrove areas;

(12) coral reefs.

Department Administrative Order (DAO) No 21 (1992) has amended the Rules and Regulations
Implementing PD 1586. The projects specifically exempted from EIA system are those which are
characterized by all of the following conditions:

(1) discharges minimal amount of wastes and the management of such wastes is relatively easy;
(2) has capitalization of not more than P500.00;

(3) employs not more than twenty persons.

Environmental Impact Assessment is generally defined as a process which consists of identifying and
predicting the impact of proposed projects and programmes on the biophysical environment and on man’s
health and well-being and interpreting and communicating information about such impacts in a manner
which can be utilized by planners and decision-makers. The importance of this tool is that it measures
resource allocation and utilization in terms of costs associated with environmental conservation.
 PRESIDENTIAL DECREE No. 1151

PHILIPPINE ENVIRONMENTAL POLICY

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 piecemeal-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:

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers
vested in me by the Constitution, do hereby order and decree:

Section 1. Policy. It is hereby declared a continuing policy of the State (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.

Section 2. Goal. In pursuing this policy, it shall be the responsibility of the Government, in cooperation
with concerned private organizations and entities, to use all practicable means, consistent with other
essential considerations of national policy, in promoting the general welfare to the end that the Nation
may (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.

Section 3. Right to a Healthy Environment.  In furtherance of these goals and policies, 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.

Section 4. Environmental Impact Statements.  Pursuant to the above enunciated policies and goals, 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

(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.

Before an environmental impact statement is issued by a lead agency, all agencies having jurisdiction
over, or special expertise on, the subject matter involved shall comment on the draft environmental impact
statement made by the lead agency within thirty (30) days from receipt of the same.

Section 5. Agency Guidelines. The different agencies charged with environmental protection as

Section 6. Repealing Clause.  All Acts, Presidential Decrees, executive orders, rules and regulations or
parts thereof which are inconsistent with the provisions of this Decree are hereby repealed, amended or
modified accordingly.

Section 7. Effectivity. This Decree shall take effect immediately.

Done in the City of Manila this 6th day of June in the year of Our Lord, nineteen hundred and seventy-
nine.