WATER CODE OF THE draining the same;

PHILIPPINES h) Transbasin diversion;

Implementing Rules and i) Dumping of mine tailings or wastes
Regulations into
Pursuant to the Water Code of the a river or a waterway;
Philippines vesting upon the National j) Such other instances that will
Water require a
Resources Council the administration permit/authority as determined by
and the
enforcement of the provisions Council.
thereof, the In the following instances the
following rules and regulations are granting of permit/authority required
hereby under
promulgated: the provisions of P.D. 1067, is
RULE I delegated by
APPROPRIATION AND the Council to the corresponding
UTILIZATION OF WATERS agencies
Section 1. When permit/Authority indicated and permit/authority
from the National Water Resources pertaining to
Council Must any of these instances shall be
be Secured. – As required under the secured from
provisions of P. D. 1067, a the agency delegated:
permit/authority a) Excavation for the emission of a
shall be secured from the Council in hot
the spring – Ministry of Energy;
following instances: b) Cloud seeding to induce rainfall –
a) Appropriation of water for any Philippine Atmospheric Geophysical
purpose &
stated under Article 10 of the Code Astronomical Service Administration
except for family domestic purpose (PAGASA);
provided under Article 6: c) Recharging ground water supplies
b) Change in purpose of the –
appropriation; National Pollution Control
c) Amendment of an existing Commission.
permit/authority, such as change in Whenever necessary the Council
point or nature of diversion, amount may exercise any of the above
of delegated
appropriation, period of use, etc; authorities.
d) Transfer or lease of water right; Section 2. Qualification of
e) Temporary appropriation and use Applicants
of for Permit/Authority. – Only the
water; following
f) Developing a stream, lake, or may file an application with the
spring for Council for
recreational purposes; permit/authority:
g) Lowering or raising the level of a) Citizens of the Philippines;
the b) Associations, duly registered
water of a lake, river or marsh, or
cooperatives or corporations to be developed such as:
organized a) Certificate of Title;
under the laws of the Philippines, at b) Tax Declaration:
least 60 percent of the capital of c) Certificate of Land Transfer; or
which d) Contract of lease , if applicant is
is owned by the citizens of the a lessee.
Philippines; 2. Location Plan of Area showing:
c) Government entities and a) Point of Diversion determined
instrumentalities, including graphically by its latitude and
government longitude;
owned and controlled corporations. b) Delineation of area indicating
Section 3. Place of Filing hectareage for which water will
Applications. be used and adjoining lands and
- Except for those on cloud seeding, their corresponding owners
any duly indicated relative to the
application for permit/authority in point of diversion;
Section c) Nature of diversion works,
1 shall be filed with the Office of the whether temporary or
Public permanent; manner of
Works District Engineer, the NIA appropriation, whether by
provincial Irrigation Engineer, NPC gravity pump; kind of crop; and
Regional Managers or the LWUA approximate location or
Water conveyance canal or conduit;
District General Manager whichever and
is d) In case of appropriation of
designated as gently by the Council ground water, location and
in the spacing of proposed drilling
province where the point of diversion sites, kind of crop, and
is approximate location or
Philippine Environmental Laws Water conveyance canal or conduit in
Helping Communities Defend the Earth lieu of items (a) and (c) above.
17 B. For a Water Permit for Hydraulic
situated in the case of appropriation Power Development and Industrial
of Purposes, or for a Permit to Dump
waters or where the project is Mine Tailings or Wastes –
located in all 1. Location, and conceptual plans on
other cases. convenient scale showing the
Section 4. Form and Requirements source of water, layout of proposed
of works, and point of diversion
Application. - All applications shall be determined graphically by its
filed in latitude and longitude;
the prescribed form, sworn to by the 2. Brief description of project,
applicant and supported by the including among others, how water
following: will be used, amount of water
A. For a Water Permit for Agricultural needed for the purpose, power
Purposes – expected to be generated if
1. Any document of applicable, amount of water to be
ownership/possession of the land discharged back to the source and
measures to be taken to insure that
such waters are not polluted, other
relevant information;
3. Articles of Incorporation or Articles
of Partnership in case applicant is a
private corporation or partnership,
or certificate of registration in case
of cooperatives; and
4. When the application is for
industrial use of ground water, the
location and spacing of drilling well
sites instead of diversion point
should be indicated in the location
plan.
C. For a Water Permit for Municipal
Purposes –
1. Location, topographic and layout
map showing the relative position
of source area to be supplied, and
diversion point determined
graphically by its latitude and
longitude;
2. Brief description of the project,
including nature and amount of
water to be used, population and
area to be served, and other
pertinent facts and information;
Philippine Environmental Laws Water
Helping Communities Defend the Earth
18
3. Articles of Incorporation or Articles
of Partnership in case applicant is a
private corporation or Partnership,
or Certificate of Registration in case
of cooperatives;
4. When the application involves the
use of groundwater, the location
and spacing of drilling well sites
determined graphically by latitude
and longitude should be indicated in
the location plan; and
5. When it involves the reuse of
waste
water for human consumption, the
application should be accompanied
by a clearance from the Department
of Health allowing the reuse of said
waste water and setting forth the
conditions therefor.
D. For a Water Permit for
Recreational,
Fisheries and Other purposes –
1. Location and conceptual plan
showing the relative location of the
project with the body of water to be
utilized for the purpose, determined
graphically by its latitude and
longitude;
2. Brief description of the project
including among others, how the
water is to be used, area of water
surface needed for the purpose or
amount of water to be appropriated
and location of diversion canal if
diversion is to be made, scheme of
development, and other relevant
information; and
3. Articles of Incorporation or Articles
of Partnership in case applicant is a
private corporation or partnership,
or Certificate of Registration in case
of cooperatives.
E. For a Permit for Drainage
Purposes –
1. Brief description of project for
which drainage scheme is necessary;
2. Location and layout maps of
drainage works showing area to be
drained, route of drainage canal and
drainage outlet which should be a
natural body of water or a natural
waterway;
3. Articles of Incorporation or Articles
of Partnership in case applicant is a
private corporation or partnership,
or Certificate of Registration in case
of cooperatives.
F. Such other documents that may
be
required by the Council.
Section 5. Other Requirements. – In
addition to the requirements under
Section
4, the following are required in the
specific
instances indicated:
A. For Well Drilling – Except when
manual well drilling will be
employed,
all applications involving extraction
of
ground water shall include the name
of
a duly licensed well driller who will
undertake the drilling. Except for
manual well drilling, no person shall
engage in the business of drilling
wells
for the purpose of extracting ground
water without first registering as a
well
driller with the Council.
B. For Transfer of a Water Permit –
Applications for the transfer of a
water
permit from one person to another
shall
include the reasons for the transfer.
C. For Lease of a Water Permit -
Applications for the lease of a water
permit to another person shall be
accompanied by a duly executed
contract of lease subject to the
approval
of the Council. No contract of lease
shall be for a continuous period
exceeding five (5) years; otherwise
the
contract shall be treated as a
transfer of
permit in favor of the lessee.
Philippine Environmental Laws Water
Helping Communities Defend the Earth
19
D. For all Applications to Appropriate
Water - Water permit applications
filed
for any purpose shall be
accompanied
by a Certificate of tree planting,
survival, or completion as the case
may
be in the name of the applicant as
provided under P. D. 1153.
Section 6. Filing Fee. – There shall
be imposed and collected a fee of
One
Hundred Pesos (P100.00) from every
applicant, except government
agencies,
water districts, and duly organized
associations or cooperatives for
irrigation or
rural water supply which shall be
paid to the
Council in postal money order thru
the
office where the application is filed.
Section 7. Water Charges. - Except
when the appropriation is for family
domestic purposes or when the
quantity of
water appropriate for agricultural
use is not
more than 5 liters per second, all
appropriators shall pay to the
Council in the
manner provided under Section 6
hereof, an
annual water charge in accordance
with the
following schedule:
A. For the use of water when
diverted/extracted from the natural
source:
Rate of Withdrawal
Charge per liter/sec. (liters/second)
1) Not more than 30 P0.50
2) More than 30 but not exceeding
50
P0. 75
3) More than 50 P1.00
B. For the use of surface water at its
natural location for fish culture:
1) For a surface area not exceed 15
hectares – P20.00/ha.
2) For a surface area of more than
15
hectares – P300 plus P30/ha. of the
excess over 15 hectares.
For this purpose a fraction of a
hectare shall be considered as one a) Barangay Chairman of the place
hectare. where
The Council may revise the above the point of diversion is located:
water charges or impose special b) Municipal Secretary of the town
water rates the
from time to time as the need arises point of diversion is located;
taking c) The Secretary of the Sangguniang
into consideration, among others, Panlalawigan of the province where
the the
following: point of diversion is located;
a) Intended use of water; d) Public Works District Engineer or
b) Quantity/rate of water withdrawal Provincial Irrigation Engineer as the
vis-àvis case may be.
other users taking into account the Philippine Environmental Laws Water
water bearing potential of the Helping Communities Defend the Earth
source; 20
c) Environmental effects; Copies of the notice of application
d) Extent to which water withdrawal shall, likewise, be furnished to
will concerned
affect the source; and Regional Offices of the Ministry of
e) Development cost of bringing Public
water Works, National Irrigation
from the source. Administration.
Section 8. Processing, Posting and National Power Corporation and
Sending of Notices of Applications. – Ministry
Upon of Natural Resources and Local
receipt of an application for water Water
permit, District Office, if any.
the Office concerned shall process Section 9. Action After Posting of
the same Notices for Appropriation of Surface
to determine compliance with the Waters. –
requirements prescribed in Section 4 A. Investigation and Studies
hereof. After seven (7) days from the first
If found in order, and upon payment day
of the of posting of notice at the office
filing fee, notices of the application where the application is filed, the
shall be office
posted in a conspicuous place in said concerned shall determine:
office 1) The approximate seasonal
and shall remain posted for a period discharge
of Sixty of the water source;
(60) days. Notices of application 2) The amount of water already
shall appropriated for beneficial use;
likewise, be sent by the said office to 3) The water requirement of the
the applicant as determined from the
following for posting in a standards of beneficial use
conspicuous place prescribed by the Council;
for the same period.
4) Possible adverse effects on
existing
grantees/permittees or public/
private interest;
5) Environmental effects;
6) Land-use economics;
7) Whether the area to be irrigated
can
be integrated with that of an
existing or proposed irrigation
association for common irrigation
facilities and
8) Other relevant factors.
B. Protests on Applications – Any
person
who may be adversely affected by
the
proposed appropriation may file a
verified protest with the Council or
with
deputized agency investigating the
application within sixty (60) days
after
posting of the Notice of Application
in
the office where the application was
filed.
Protests to an application for water
permit shall be governed by the
rules
prescribed for resolving water use
controversies.
C. Action on Application – Within
thirty
(30) days from the first day of
posting
of notice, the Office investigating the
application shall transmit the same
together with all the records,
findings of
facts and its comments and
recommendations, as well as those
government agencies, if any, to the
Council for final action through the
Public Works Regional Director.
In cases of application for irrigation,
the report shall also be coursed thru
the
Regional Irrigation Director who shall
transmit the same to the Public
Works
Regional Director.
In cases of applications for
hydraulic power, the Public Works
Regional
Director shall transmit the
application, thru
the Central Office of the National
Power
Corporation, Manila, which shall
forward
the same to the Council with its
comments
and recommendations within thirty
(30)
days from receipt thereof.
Section 10. Action After Posting of
Notices for Appropriation of Ground
Water. –
A. Permit to Drill – The application to
appropriate ground water shall be
processed for adherence to
requirements and shall be
investigated
in the field to determine any adverse
effect to public or private interest.
Protests on the application shall be
governed by Section 9-B hereof. If
the
application meets the requirements
and
has been found not prejudicial to
public
or private interest it shall be
transmitted, following the
requirements
of Section 9 hereof, to the Regional
Director of the Ministry of Public
Philippine Environmental Laws Water
Helping Communities Defend the Earth
21
Works who is hereby authorized to
issue the permit to drill which shall
be
subject to the following conditions:
1) Drilling operations shall be in
accordance with the rules provided 6) Adequacy of proposed well, works,
herein; plans and specifications towards
2) The rate of water withdrawal to be meeting prescribed standards; and
approved shall be determined after 7) Comments and/or
pumping tests and shall in no case recommendations of other agencies.
exceed the rate stated in the D. Final Action on Application –
application; Within
3) A permit to drill shall remain valid thirty (30) days from the first day of
for six (6) months, unless a longer receipt of report of well drilling
period is allowed by the Council for operations, the Office investigating
reasonable grounds; and the
4) The permit to drill shall be application shall transmit, through
regarded the
as a temporary permit, and the Public Works Regional Director, to
regular permit shall be issued after the
the rate of water withdrawal has Council, for final action the
been determined. application
B. Result of Drilling Operations – A for water permit, together with all
report on the result of the drilling the
operations shall be submitted to the records, findings of facts and its
investigation office within the 6- comment and recommendations as
month well
period stated in the preceding as those of other government
section. agencies.
The report shall include a description Section 11. Council Action. – The
of Council shall approve or disapprove
each drilling site, the drilling log, the applications for water permits, within
yield of the well and the assessment sixty
of (60) days after receipt of
data obtained. recommendation
C. Investigation and Studies – Upon of its deputized agent and other
receipt of the report on drilling agencies
operations the investigating office requested to comment, unless a
shall longer
consider the proposed withdrawal of period is needed for the disposition
ground water in relation to the of
following: protests filed with the Council. In
1) Safe yield of the source, cases of
reasonable application for industrial use or in
or feasible pumping lift; cases of
2) Beneficial use; such other use where waters may
3) Adverse effects on existing lawful become
users of water or to public or polluted, the Council shall refer the
private interest: application to the National Pollution
4) Effects on the environment; Control Commission for comment
5) Danger of contamination of and
aquifers, deterioration of water recommendation. If deemed
quality or salt water intrusion; necessary, the
Council shall refer the application to impose, and to any, or all of the
other following
agencies concerned as the case may conditions:
be. a) That within one (1) year from the
Section 12. Water Permit. – receipt of the permit the applicant
Approved applications shall be shall
issued water submit to the Council for approval,
permits subject to such conditions as the
the plans and specifications for the
Council may impose. Such permit diversion works, pump structure,
must bear water
the seal of the Council and the measuring device, and other
signature of required
the Executive Director. A copy of structures and in addition for private
said sector projects the implementing
permit shall be furnished to the schedules of construction. No
Office construction work or private sector
where the application was filed. projects shall commence until the
Disapproved applications shall be plans,
returned specifications and implementing
to applicants through the office schedules are duly approved. When
where the the
Philippine Environmental Laws Water diversion dam is temporary and less
Helping Communities Defend the Earth than two (2) meters high, the
22 submission of plans for the dam may
same was filed, within thirty (30) not be required.
days of b) The construction of the necessary
such disapproval, stating the structures and diversion works shall
reasons begin within ninety (90) days from
therefor. the
The Council shall, moreover, date of receipt of the approved
furnish periodically all PW Regional plans,
Directors, PW District Engineers, and specifications and implementing
NIA schedules and shall be completed
Regional Directors and Provincial within
Irrigation the approved schedule unless
Engineers, a list of approved water extended
permits by the Council for valid or justifiable
granted within their respective areas reasons: Provided, that water shall
of not
jurisdiction. be diverted, pumped or withdrawn
Section 13. Conditions in Permits. – until
Water Permits issued by the Council after such structures and works shall
shall have been inspected and approved
be subject to such terms, restrictions by
and the Council, unless otherwise
limitations as it may deem proper to allowed.
Except in cases of emergency to multi-purpose development, subject
save to
life or property or repairs in compensation in proper cases.
accordance f) The Council shall revoke or
with plans originally approved, the suspend the
alteration or repair of these permit if the permittee violates
structures effluent/water quality standards as
shall not be undertaken without the determined by the National Pollution
approval of the Council. Control Commission.
c) The right of a permittee to the g) At any time after completion of
Amount diversion works and necessary
of water allowed in the permit is only structures, non-use of the water for
to the
the portion or extent that he can use purpose stipulated in the permit for
beneficially for the purpose stated in a
the period of three consecutive years,
permit. The diversion of the water shall
shall render said permit null and void,
be from the source and for the except
purpose as the Council may otherwise allow
indicated in the permit and in no for
case reasons beyond the control of the
should said use exceed the quantity permittee.
and h) Any person in control of a well
period indicated therein. In gravity shall
diversions, regulating gates of the prevent the waste of water
canal therefrom
shall be closed when water is not Philippine Environmental Laws Water
needed. Helping Communities Defend the Earth
d) The Council may, after due notice 23
and and shall prevent water from flowing
hearing, reduce at anytime the onto the surface of the land or into
quantity any
of water or adopt a system of surface water without being
apportionment, distribution, or beneficially
rotation used, or into any porous stratum
thereof when the facts are underneath the surface.
circumstances in any situation would i) Any person in control of a well
warrant the same in the interest of shall
the prevent water containing mineral or
public and/or legal appropriations. other substances injurious to the
e) The Council may, after due notice health
and of humans or animals or to
hearing, revoke the permit in favor agriculture
of or vegetation from flowing onto the
projects for greater beneficial use or surface of the land or into any
for surface
or into any other aquifer or porous
stratum. Council to determine compliance
Section 14. Periodic and Final with the
Inspection of Project – The council or conditions imposed in the permit and
its such
authorized agents who investigated other order, rule or regulation the
the Council
application may conduct periodic may issue.
inspection Section 17. Certificate of
while construction, alteration, or Compliance.
repair is in – The Council shall issue a certificate
progress as well as final inspection of
thereof compliance to the permittee/grantee
to ascertain whether or not the same after
is in being satisfied that the construction
accordance with approved plans and of the
specifications. necessary structures in connection
A report of inspection within ten with the
(10) days from date thereof shall be water permit have been duly
submitted to the Council thru the complied with.
Public Such certificate shall bear the
Work Regional Director. signature of
Section 15. Notice and Completed the Executive Director.
Structures/Diversion Works. – The Section 18. Revocation of Permit. –
permittee Any permit issued pursuant to these
shall inform the Council or its deputy rules
concerned, that the necessary may be revoked by the Council, after
structures and due
diversion works required have been notice and hearing, for any of the
completed in accordance with grounds
approved provided herein or in the Code.
plans and specifications. Section 19. Recurrent Water
In addition, in cases of Shortage.
appropriation of ground water the – For the purpose of Articles 22 and
permittee 26 of
shall inform the Council as to the the Water Code, recurrent water
depth and shortage
diameter of the well, the drilling log, shall mean the natural periodic
the diminution
specifications and location of of water in a source of supply to a
casings, volume
cementing, screens and perforations, or rate of flow insufficient to meet
and the water
the results of tests of capacity, flow, requirements of all legal
drawdown, and shut-in pressure. appropriator
Section 16. Inspection of Works. – therefrom.
Inspection of the premises shall be Section 20. Basic Diversion
conducted by any person deputized Requirement for Agricultural Use. –
by the Except
when otherwise justified by type of c) Dikes, levees, revetments,
irrigation system, soil conditions, bulkheads,
kind of piers, breakwaters and other similar
crop, topography and other factors, structures or devices that effect the
water direction or level of materials in
permits for agricultural use shall be rivers,
granted lakes, and in maritime waters; and
on the basis of one liter per second Other structures not included in the
per above enumeration shall be
hectare of land to be irrigated. approved by the
Section 21. Construction/Repair of proper government agencies as may
Other Structures. – Apart from the be
structures designated by the Council.
required under Section 13 and The approving officials shall
except in prescribe the procedure for filing,
cases of emergency to save life or processing and approval of the plans
property, and
or repair in accordance with plans specifications. Structures required in
previously approved, the water
construction or permits shall be approved as
repair of the following structures prescribed
shall be under Section 13 hereof.
undertaken only after plans and Section 22. Establishment of
specification therefor are approved Easements. – Actions for the
by the establishment
Philippine Environmental Laws Water of easements under Article 25 of the
Helping Communities Defend the Earth Code
24 shall be governed by the Rules of
Administrator of the National Court.
Irrigation Section 23. Establishment of
Administration when the structure is Control
for an Areas. – When the Council deems it
irrigation project, or by the Minister necessary to declare a control area,
of it shall
Public Works in all other case publish the same in three (3)
enumerated newspapers of
hereunder: general circulation setting forth the
a) Off-stream water impounding purpose
structures except earth-fill of the declaration, the geographic
embankments less than 10 meters limits of
high the control areas, and the
from the natural ground surface; regulations
b) Barrages across natural necessary to achieve its objectives.
waterways Section 24. Coordinated Use of
except temporary dams for irrigation Waters
less than two (2) meters high from in Control Areas. – In control areas so
the declared for the coordinated
stream bed; development,
protection, and utilization of ground larger system. In cases where the
and supply
surface waters, the appropriation of from the larger system is not
surface adequate,
water shall, in general, have the permit may be modified
preference over accordingly.
that of ground water and, except as b) When there is need to use water
otherwise allowed by the Council, a for
permit municipal purposes in emergency
for the appropriation of ground water situations pending the availability of
is an
valid only to the extent that it does alternative source of supply as
not provided
prejudice any surface water supply. in Article 22 of the Code;
Section 25. Registration of Wells in c) For special research projects
Control Areas. – In declared control requiring
areas, all the use of water for certain period of
wells without water permits, time;
including those d) For temporary use of water
for domestic use, shall be registered needed for
with the construction of roads, dikes,
the Council within two years from buildings, and other infrastructures;
the and
declaration otherwise any claim to a Philippine Environmental Laws Water
right on Helping Communities Defend the Earth
a well is considered waived and use 25
of water e) When there are unforeseen delays
therefrom shall be allowed only after in the
a approval of the application and
water permit is secured in appropriation of water is necessary
accordance with pending the issuance of a water
Rule 1 hereof. permit,
Section 26. Temporary Permits. – unless the application is protested.
The Temporary permits shall be granted
Council may grant temporary by the Council on a case to case
permits for basis
the appropriation and use of water in specifying the conditions and period
situations such as the following: under
a) Irrigation of an area pending the which the permit is valid. The
construction of a larger system to be Council may
operated either by the government delegate the issuance of temporary
or permits
by any irrigation association which for a period of not exceeding six (6)
will months
serve said area. Such permit shall and a quantity of not more than 200
automatically expire when water liters
becomes available for the area from per second.
the RULE II
CONTROL, CONSERVATION AND
PROTECTION OF WATERS,
WATERSHEDS AND RELATED
LAND RESOURCES
Section 27. Prohibited Construction
on
Navigable or Floatable Waterways. –
Except
when allowed under these rules, the
building of dams, dikes, or any
structure or
works or the introduction of fish
contraptions or other devices which
encroach into any public navigable
or
floatable river, stream, coastal
waters,
creeks, esteros or drainage channels
or other
navigable or floatable public waters,
waterways, or bodies of water or
which
obstruct or impede the free passage
thereof
or cause inundation, shall be ordered
removed by the Minister of public
Works as
prohibited construction.
The rules and regulations of the
Philippine Coast Guard pertaining to
navigation shall be suppletory to
these rules.
Rivers, lakes and lagoons maybe
declared by
the Council as navigable in whole or
in part
upon recommendation of the
Philippine
Coast Guard.
Section 28. Determination of
Easements. – All easements of public
use
prescribed for the banks or rivers
and the
shores of seas and lakes shall be
reckoned
from the line reached by the highest
flood
which does not cause inundation or
the
highest equinoctial tide whichever is
higher.
Any construction or structure that
encroaches into such easements
shall be
ordered removed by the Minister of
Public
Works.
Section 28. When Permit/Authority
from the Minister of Public Works is
Required. –
A permit/authority shall be secured
from
the Minister of Public Works in the
following instances:
a) Construction of dams, bridges and
other structures in navigable or
floatable
waterways;
b) Cultivation of river beds, sand
bars and
tidal flats;
c) Construction of private levees,
revetments and other flood control
and
river training works; and
d) Restoration of river courses to
former
beds.
Section 30. Place of Filing
Applications. – Applications for
permit/authority under the next
preceding
section may be filed with the Public
Works
District Engineer's Office in the
province
where the project is to be
undertaken.
Section 31. Form and Contents of
Applications. – All applications shall
be filed
in a prescribed form sworn to by
applicant
and supported by the following;
A. For Cultivation of Rivers Beds,
Sand
Bars and Tidal Flats –
1) Location plan showing the river
bed, delineation of the area to be
cultivated, the adjoining areas and
the corresponding lessees/
permittees; and
2) Information showing the crops to
be planted and the cropping period.
Philippine Environmental Laws Water
Helping Communities Defend the Earth
26
B. For Private Flood Control Works –
1) Location plan showing the river
channel, proposed control works
and existing works, if any, in the
vicinity;
2) Cross-sections of the river channel
in the site;
3) Plans and specifications of control
structures;
4) Construction schedule; and
5) Articles of Incorporation or Articles
of Partnership in case applicant is a
private corporation or partnership,
or Certificate of Registration in case
of cooperatives.
C. For Restoration of River Courses
to
Former Beds –
1) Affidavits of two disinterested
persons attesting to the
circumstances of the change in the
course of the river or stream,
including the date when such
change occurred;
2) Certified copies of the cadastral
plans and technical description of
the lots affected by the river or
stream, showing the former course
to which the river will be restored.
3) A recent survey map of the area
affected undertaken by a licensed
geodetic engineer indicating the
present river course as well as the
old cadastral stream boundaries;
4) Articles of Incorporation or Articles
of Partnership in case applicant is a
private corporation or partnership,
or Certificate of Registration in case
of cooperatives; and
5) Scheme and schedule of
restoration.
D. For Construction of Dams,
Bridges,
and Other Structures in Navigable or
Floatable Waterways –
1) Vicinity map and location plan
showing the river and the proposed
structure:
2) Cross-section of the structure with
cross-section of the river at the
location of the structure showing
minimum water level, maximum
flood level without structure, and
maximum flood level with structure;
3) Plan showing extent of maximum
flooded area without structure and
maximum flooded area with
structure;
4) Schemes and details of provisions
for passage of watercraft;
5) Construction schedule; and
6) Articles of Incorporation or Articles
of Partnership in case applicant is a
private corporations or partnership,
or Certificate of Registration in case
of cooperatives.
Section 32. Action on Application. –
The Public Works district Engineer
shall
investigate each application filed
with his
Office and, if necessary, conduct
public
hearings thereon. He shall transmit
his
report and recommendation to the
Public
Works Regional Director who, after
proper
review, shall transmit the application
with
its supporting documents and his
recommendations to the Minister of deems it necessary to declare flood
Public control
Works, for appropriate action. areas for the protection of flood plain
Section 33. Limitation on Permits to lands,
Cultivate River Beds, Sand Bars and he shall publish the same in three (3)
Tidal Flats. newspaper of general circulation
– A permit to cultivate river beds, setting
sand bars forth the purpose of the declaration,
and tidal flats shall be non- the
transferable and geographic limits of the declared
shall not be construed as authorizing control
reclamation of the area covered by area, and the regulations necessary
the to
permit, or as conferring upon the achieve the objectives.
permittee Section 36. Inter-Agency Flood
a right of ownership thereof by Plain
acquisitive Management Committee. - The
prescription. minister shall
Section 34. Construction and form an Inter-agency Flood Plain
Completion of Work. – The Management Committee for each
construction of flood
private flood control works and plain declared as flood control area,
dams, the
bridges and other structures in members of which shall include, but
navigable not
Philippine Environmental Laws Water limited to, representatives from the
Helping Communities Defend the Earth following:
27 a) Ministry of Public Works
rivers or streams shall be b) National Power Corporation;
undertaken within c) Ministry of Local Government;
the approved construction schedule; d) National Irrigation Administration;
otherwise the permit shall and
automatically be e) National Water Resources Council,
cancelled unless a longer period is The functions of this Committee
allowed. shall be;
Work for the restoration of a river a) To establish close liaison among
or stream to its former bed shall be national and local government
commenced within the two (2) years entities
from and promote the best interest and
the date of change in the course of the
the river coordinate protection and
or stream and completed within one management
(1) year of flood plain lands for the mitigation
from start of construction. of flood damages viewed in a larger
Section 35. Establishment of Flood context to include other aspects
Control Areas. - Whenever the such as
Minister environmental quality and public
health,
safety an welfare; operation rule curve for approval
b) To provide guidelines for local which
governments in the formulation of shall be followed except during
regulatory ordinances regarding periods of
flood extreme drought and when public
plain use and occupancy; interest
c) To draft recommend guidelines for so requires, wherein in the Council
flood plain management in a may
particular change the operation during the
flood control area in order to achieve period after
the goals and objectives thereof; and due notice and hearing.
d) To perform such other functions Philippine Environmental Laws Water
as the Helping Communities Defend the Earth
Minister may direct. 28
Section 37. Storage and Rafting of The Council shall review
Logs. - The Council, through its periodically the rule curve for
deputies possible
may prohibit or control the rafting or revisions.
storage of logs and other objects on A rule is a diagram showing the
river minimum water level requirement in
and lakes when: the
a) It causes pollution of water used reservoir at a specific time to meet
for the
domestic municipal purposes; and particular needs for which the
b) It causes danger to structures reservoir is
such as designed.
those for irrigation power and flood Furthermore anyone who operates a
control. reservoir shall submit to the Council
Section 38. Prohibitions and his
Requirements on Water plan for handling maximum
impoundment. - The discharge with
Council shall, upon recommendation a view to avoiding damage to life
of the and
Ministry of Health, prohibit the property.
impounding Section 40. Employment of
of water in ponds or reservoirs when: Engineer
a) The water is found to contain in Dam Operations. - All operators of
excessive storage
pollutants; dams exceeding 10 meters, high or
b) It will degrade its quality; overflow
c) Public health is endangered; and dams exceeding 2 meters high from
d) Such other similar situations. the
Existing ponds or reservoirs falling stream bed shall make
under the aforementioned cases arrangements for the
shall be periodic inspection of said structures
ordered drained by the Council the and its
reservoir operating equipment by a registered
civil
engineer for the purpose of a) The well shall be so designed and
identifying constructed that it will seal off
conditions which may adversely contaminated water-bearing
affect the formations
safety of these structures and giving or which have undesirable
advise characteristics;
to the operator on the proper b) There shall be no unsealed
maintenance openings
and operation thereof. around the well which may conduct
Section 41. Qualification of Well surface water or contaminated or
Drillers. - No person shall be undesirable ground water vertically
permitted to to
undertake well drilling work unless the intake portion of the well;
he is c) All parts of a permanent well shall
duly registered with the Council as a be of
well durable materials;
driller. No person shall be registered d) Wells constructed in a sand or
by the gravel
Council as a well driller unless he has aquifer shall be provided with a
at watertight
least any of the following casing to a depth of 1.5 meters or
qualifications: more below the lowest expected
a) Graduation from high school with pumping level, provided that where
three the
(3) years experience in will drilling pumping level is less than ten (10)
work meters from the surface, the casing
unless he is duly registered with the shall
driller registered with the Council; or extend three (3) meters below the
b) A holder of a bachelor's degree in lowest pumping level,
geology or engineering with one (1) e) Casings of wells constructed in
year sandstone aquifers where the over
experience in actual drilling work. burden consists of unconsolidated
Section 42. Permit to Drill a Well. - materials shall be grouted to a
Except for domestic use, no person minimum
shall depth of ten (10) meters, provided,
drill any well for the extraction of that
ground should there be an additional
water or make any alteration to any overlying
existing formation of creviced or fractured
well without securing a permit from rock,
the the casing shall be grouted to its full
Council. depth;
For this purpose, only wells with f) Casings of wells constructed in
casings not exceeding 75 millimeters limestone, granite or quartzite where
in for the
the extraction of ground water shall overburden consist of drift materials
conform with the following shall be extended to a depth of at
requirements: least
fifteen (15) meters, and firmly l) In general, spacing requirements
seated in except
rock formation, provided, where the for wells less than 30 meters deep,
overburden is less than fifteen (15) shall
meters, the casing shall be extended be in accordance with the table
three (3) meters into uncreviced below:
rock, ----------------------------------------------------
Philippine Environmental Laws Water ---
Helping Communities Defend the Earth ----------------------------------------------------
29 ---
provided, finally, that in no case RATE OF WITHDRAWAL
shall MINIMUM DISTANCE BETWEEN
the casing be less than 15 meters; IN LITERS PER SECOND
g) Well for domestic and municipal WELLS IN METERS
water ----------------------------------------------------
supply shall be constructed in ---
accordance with sound public health ----------------------------------------------------
engineering practice; ---
h) The extent of pumping and 2 - 10 200
extraction More than 10 - 20 400
of ground water shall take into More than 20 - 40 600
consideration the possibility of salt More than 40 1000
water intrusion, land subsidence and The Council, may increase or
mining of ground water; decrease the above spacing
i) Unless otherwise allowed by the requirements
Council, an abandoned well shall be under any of the following
properly plugged or sealed to circumstances:
prevent a) for low-income housing
pollution of ground water, to development
conserve projects where home lot size will
aquifer yield and artesian head, and limit
to available spacing between
prevent poor-quality water from one homeowners'
aquifer entering another; wells;
j) Free-flowing wells shall be b) where the geologic formation may
provided warrant closer or farther spacing
with control valves or other similar between wells; and
devices to control and regulate the c) where assessment of pumping
flow test
of water from such wells for records on yields, drawdown, circle
conservation purposes; of
k) Well site shall be provided with influence, seasonal fluctuations in
drainage water
facilities for the proper table and other technical date on
disposal/conveyance of surface ground water wells, drilling and
water operation indicate possible closer or
flow from the site; farther spacing between wells.
In modifying the spacing
requirements the following criteria withdrawal shall not exceed that
shall be authorized.
applied: d) Groundwater mining may be
a) no new well shall cause more than allowed
2 provided that the life of the
meters of additional drawdown to groundwater reservoir system is
any maintained for at least 50 years.
existing well; Section 44. Minimum Stream Flows
b) where the geologic formation may and Water Levels. - When the
warrant closer or farther spacing Council deems
between wells: and it necessary to establish minimum
c) where assessment of pumping stream
test flows for river and stream and/or
records on yields drawdown, circle of minimum
influence seasonal fluctuation in water level or lakes as provided
water under
table and other technical data or Article 66 of the Code, it shall notify
ground the
water wells, drilling and operation public through newspaper that a
indicate possible closer or farther public
spacing between wells. hearing shall be conducted for such
In modifying the spacing purpose. In the conduct of the
requirement the following criteria hearing, the
shall be following shall be considered:
applied: a) Adverse effects on legal
a) No new well shall cause more appropriators;
than 2 b) Priorities that may be altered on
meters of additional drawdown to the
any basis greater beneficial use and/or
existing well; multi-purpose use;
b) If the rate of withdrawal applied c) Protection of the environment,
for a control
well will cause additional drawdown of pollution, navigation , prevention
of of
more than 2 meter to any existing salt water damage and general
well public
the rate of withdrawal applied for use; and
shall d) Other factors relevant to the
Philippine Environmental Laws Water situation.
Helping Communities Defend the Earth In general, the Council shall
30 consider the following criteria in the
be reduced to satisfy the drawdown establishment of minimum stream
limit. flows of
c) The Council shall prescribe the river and stream and minimum water
maximum pump size and level
horsepower in of lakes.
the water permit to so that the rate a) For water quality and
of environmental
protection the minimum stream flow life, agriculture or vegetation in
or concentration exceeding the
lake water level shall be estimated maximum
based prescribed by the National Pollution
on the threshold concentration of Control Commission.
pollutant and environmental Tailing dams, ponds or similar
requirement in cooperation with the control structure located along river
NPCC and NEPC. beds
b) For navigation purposes, the whenever required shall be strong
minimum enough
flow or water level to be provided to withstand the forces in the river
shall during
be such that the resulting typhoons and flash floods.
streamflow or Mine operators shall undertake
water level shall remain navigable to appropriate erosion control measure
the in their
existing vessel that ply the river or mining areas to minimize the
lake. amount
c) For half conservation sediments therein that will be
consideration carried to
shall be made such that the resulting river systems.
streamflow or lake level will not Section 47. Complaint on Drainage
adversely affect the existing fish System Construction. - Any
habitat. complaint
The minimum flow/water level pertaining to the construction of a
provided shall be determined by the drainage
Council in consultation with BFAR. system under the provision of Article
d) In any case, the minimum 44 of
requirement the Code shall be treated under Rule
shall be the observed or estimated III
absolute stream flow or lake level. hereof.
Section 45. Protection of Water Philippine Environmental Laws Water
Supply Helping Communities Defend the Earth
Sources. - No person shall discharge 31
into any RULE III
source of water supply any domestic ADMINISTRATION AND
sewage, industrial waste, or ENFORCEMENT
pollutant not Section 48. General Guidelines for
meeting the effluent standard set by Water Resources Development
the Projects/Programs. -
National Pollution Control As a general rule, a water resources
Commission. project/program may be
Section 46. Mine Tailing Disposal. - implemented only
Water discharge with mine tailing or if it is in accordance with national
waste socioeconomic
shall not contain mineral or other developments goals and
substances injurious to man, animal, objectives or necessary for the
aquatic national
security or protection of life and may, if necessary, refer the matter
property. to the
Any project/program involving the proper deputies or concerned
appropriation of water shall be agencies for
directed evaluation and comment in
towards the optimum single and/or accordance with
multipurpose the guidelines before approving the
utilization thereof. Whenever same.
practicable, projects shall be Section 51. Water Resources
conceived and Projects/
viewed according to multi-purpose Programs By Private Sector. – Any
water private
resource planning concepts within interested party may propose any
the area water
unit of a river basin. In the case of resources project through the
small appropriate
scale, water developments projects, agencies and/or deputies who shall
development planning of the latter forward
shall the same to the Council after
proceed alongside the evaluating and
implementation of commenting with respect to the
the former. above
Section 49. Specific Guidelines. - guidelines. The Council, before
the approving
size and time phase of the projects, may, if necessary, refer
projects/programs or
shall satisfy appropriate socio- consult with other appropriate
economic deputies
indicators, more particularly the and/or concerned government
benefit-cost agencies.
and/or cost effectiveness criteria, Section 52. Requirements of Water
their Resources Projects/Programs. –
supplementary and complementary Project/
roles to Program proposals shall contain
the projects program of other indicators
government socio-economics justifications
sectoral plans, and their ecological relationship
effects. to the National Development Plan,
Section 50. Water Resources impacts
Projects/ statement on the sectors
Programs By Governments Sector. - project/program
Government water resources and supports and complement, regional
related impact
projects/programs shall be submitted statement, environmental
by the statement, and
proponent agencies to the Council, such other information as the
which Council may
require. Projects, such as artesian d) watersheds;
wells, e) water supply and sewage;
spring development and barangay f) water accounting within
waterworks for purely domestic and watersheds;
municipal use, and such other small- g) other water resources activities
scale Each deputy shall gather and
projects as the Council may organize
determine, shall data in accordance with their
be exempted from this requirement. assigned
Section 53. Resolution of Council functions for submission to the
Arising from Project. – Any conflict Council.
involving The Council shall determine the
the use of water that may arise from frequency
the and type of data to be gathered.
project/program proposal shall be Section 55. Information
resolved Assessment. -
on the basis on the national/regional The Council shall collate and analyze
priority and needs, i.e.., need for technical data. It shall also develop
power an
generation in multi-purpose project indexing system for all its
shall be publications
reckoned on the quantity on and indicating the data published, water
time of resource
such needs on the greed basis rather basin involved, basic environmental
than indicator, and such other related
on a single project basis alone. indices.
Any conflict which adversely affects Studies based on data retrieved
a particular segment of society, from and/or submitted by the
group of deputies may
individuals or small community, may be undertaken. A study of the
be manpower
resolved after a public hearing has requirements of a water resource
been sector may
conducted by the Council or its be considered in setting up and
proper implementing appropriate manpower
deputies. development measures.
Section 54. Deputies. – The Council It shall also establish a position
may appoint a deputy for each or a classification system for employment
combination of the following purposes in coordination with water
functional oriented agencies and the Office of
area related to water resources: Compensation and Position
Philippine Environmental Laws Water Classification.
Helping Communities Defend the Earth The Council shall initiate and
32 undertake studies of water
a) hydrologic and meteorologic data; consumption
b) flooding areas and inland patterns along the different purposes
waterways; provided in the Code particularly
c) lakes and marshes; that of
industry. involving policies on the utilization,
Section 56. Agents. – The Council exploitation, development, control,
may appoint to perform specific conservation of protection of water
functions resources shall be reviewed and
such as investigation of water permit approved
applications, water rights by the Council. Unless the charter of
controversies and such
other activities as it may assign. agency provides that the same shall
Section 57. Committee on be
Arbitration. approved by the President, in which
– The Council may create and case
authorize a the proposed rules shall first be
Committee on Arbitration for referred to
purposes of the Council for comment.
determining the rate of just Section 59. Agreements Involving
compensation in Water. – Any agreement among
instances provided under the Code. government
Such agencies involving the use of water
committee shall be composed of the for
Council Deputy/Agent who must be a irrigation, hydro-power, industrial,
professional technical man as domestic
Chairman, the and municipal water supply shall, in
Provincial Assessor, and the all
Provincial cases, be subject to review and
Development Officer of the province approval of
where the Council. In the review of such
the subject premises is situated agreements, the Council may consult
together the
with the representative of each of Philippine Environmental Laws Water
the Helping Communities Defend the Earth
parties involved, as members. 33
The Committee shall take action on parties and other government
any claim referred to it by the agencies
Council for concerned.
evaluation and submit a report Section 60. Disposition of Funds
thereon Collected. - All income of the Council
within thirty (30) days from receipt from
of the fees and charges shall be
notice of formation of the Committee remitted to the
unless a longer period is required, in National Treasury and treated as a
which special
case extension maybe granted upon account under the General Fund to
authority of the Council. the
Section 58. Review and Approval of credit of the Council. The operational
Rules and Regulations Involving and
Water. - Rules maintenance expenses of the
and regulations by any government deputies and
agency
agents of the Council shall be solely on the ground of adverse
financed effects on
under this account in accordance the privileges to use water from any
with a source
special budget to be submitted to shall not be entertained unless the
the complainant/protestant is a water
Budget Commission. Any generated permittee.
surplus Section 63. Place of Filing. –
shall be invested for water resources Complaints/Protests may be filed
development purpose including but with the
not Council or the Office of the Public
limited to the purposes envisioned Works
under Regional Director or the Public Works
Article 81 may be recommended by District Engineer or NIA Provincial
the Irrigation Engineer, of the place
Council. where the
Section 61. Parties in Water Use source of water subject of the
Conflicts/Controversies. - The controversy is
complaining located. Complaints/protests on the
party shall be referred to as use of
Complainant/Protestant and the water for hydraulic power
party development
against whom the complaint is filed shall be filed with either the Council
shall be or the
referred to as Respondent/protestee. Office of the Public Works Regional
Section 62. Complaints. – All Director.
complaints shall be in writing sworn Section 64. Filing Fee. - There shall
to by be imposed and collected a filing fee
the complainant/protestant and must of One
contain the following: Hundred (P100.00)Pesos from every
a) Name, postal address and complainant/protestant except from
personal pauper
circumstances of complainant/ litigants in accordance with the
protestant; Rules of
b) Name and postal address of Court. The said fee shall be paid to
respondent/protestee; the
c) Substances of the complaint; office where the complaint/protest is
d) Grounds or causes of action; filed
e) Brief and concise statement of the in the manner provided under
pertinent facts and circumstances; Section 6 of
f) Relief sought; and Rule 1.
g) Names and postal addresses of Section 65. Answer. - Upon receipt
witnesses to be summoned, if any. of a complaint/.protest, the
All complaints shall be agency/office
accompanied by affidavits of concerned shall furnish the
witnesses as respondent./protestee a copy and
well as supporting documents, if any. such
However, complaints/protests filed
documents accompanying the reduced in writing and signed by the
complaint, parties.
and require him to answer in writing Within fifteen (15) days from the
within signing
ten (10) days from receipt thereof. thereof, a report with comments and
Should respondent/protestee fail to recommendation shall be submitted
answer within the period provided to the
herein, Council for approval.
the investigator shall proceed ex Section 68. Venue of Investigation/
parte to Hearing. - Should the parties fail to
receive the evidence and testimony agree
of the during the preliminary conference,
complaint/protestant and his the
witnesses, and investigator shall immediately hear
shall submit his report to the Council the case
based in the barrio, municipality or
on the facts and evidence adduced. province
Philippine Environmental Laws Water where the subject of the controversy
Helping Communities Defend the Earth is
34 located or at any other place agreed
Section 66. Preliminary Conference. upon by
- both parties. Any disagreement as to
Upon receipt of venue
respondent’s/protestee's shall be resolved by the Investigator
answer, the investigator shall direct whose
the decision is final.
parties and their attorneys to appear Section 69. Order of Proceedings. -
before The investigator shall hear first the
him for conference to consider the testimony of the
possibility of an amicable complainant/protestant
settlement. and his witnesses and next the
The proceedings during the testimony of
preliminary conference shall be the respondent-protestee. During
summary in the
nature and shall be conducted proceedings, the parties shall have
informally the right
without the investigator being bound to confront and cross-examine the
follow opposing
strictly the technical rules of party of the submitted affidavits.
evidence. He After the
shall take appropriate steps towards presentation of the evidence by the
a parties,
peaceful and equitable settlement of they may at their option submit a
the memorandum/memoranda in
dispute. support of
Section 67. Amicable Settlement. - their claim/defense in lieu of an oral
Amicable settlement shall, in all argument.
cases, be Section 70. Authority/Functions of
Hearing Officer. - The investigator postponements in a given case.
shall be Regardless
duly authorized to administer oath to of the number of parties and
witnesses, take dispositions and provided
secure the further, that in no case shall any
attendance of witnesses and/or postponement last for more than
production three (3)
of relevant documents through the calendar days.
compulsory process of subpoena Section 72. Investigation Report. -
and/or The
subpoena duces tecum. The Investigator shall transmit to the
contending Council
parties may avail of such processes within fifteen (15) days from the
by filing date of
a formal written request with the termination of the proceedings, his
Investigator. report
The proceedings shall be duly with the complete record of the case
recorded and shall include a physical with a
or comprehensive sketch of the
ocular inspection of the premises premises
and for Philippine Environmental Laws Water
the purpose, the Investigator and the Helping Communities Defend the Earth
parties 35
shall have authority to enter upon involved. The report shall contain the
private following:
lands with previous notice to the a) Nature and addresses of the
owners parties;
thereof. b) Nature of the controversy;
The Investigator may conduct ex c) Summary of the allegations and
parte investigation/hearing if proofs
circumstances presented by parties;
so warrant. d) Clear and concise statement of
Section 71. Orders/Rulings – the
Interlocutory orders/rulings made findings of facts borne of the
during evidence
the proceedings are not appealable. and/or revealed in the ocular
Motions for postponement or inspections;
continuance shall be based on valid e) The law and rules involved; and
and f) Conclusion, comment and
reasonable grounds and the grant or recommendation.
denial Section 73. Decision. - All disputes
thereof rests upon the sound shall be decided within sixty (60)
discretion of days after
the Investigator, provided that not the parties submit the same for
more decision or
than (3) postponements may be resolution. Decisions shall be in
given to writing,
either party or a total of six (6)
stating clearly and concisely the represented, or to the party within
cause or five (5)
causes of action, findings of facts days from the date of receipt by the
and the Office
law or rules upon which they are concerned.
based. Section 75. Appeal/Petition for
The Council shall have the power to Reconsideration and/or
issue writs of execution and enforce Reinvestigation. - Appeal
its from the decision of the Council in
decisions with the assistance of accordance with Article 89 of the
national or Code shall
local law enforcement agencies be made by the party adversely
subject to affected
prior notice to the party concerned within fifteen (15) days from receipt
in of the
accordance with Article 84 of the decision unless a petition for
Code. reconsideration or reinvestigation is
Section 74. Proof of Service.- filed
Decisions, resolutions or orders of with the Council within the same
the period.
Council shall be furnished to the The filing of said petition suspends
contending parties thru their the
counsel, if running of the 15 day period within
represented, or by which
personal/substituted to file an appeal with the Court.
service or registered mail, with A) Petition for reconsideration/
return card. reinvestigation shall be based on any
Personal/substituted service to the of
parties the following grounds:
shall be acknowledged in writing, 1) Fraud, accident, mistake or
indicating excusable negligence which ordinary
the date or receipt and the name of prudence could not have guarded
the against and by reason of which the
person serving. Should any person aggrieved Party has probably been
refuse to impaired in his rights;
receive the decision, resolution or 2) Newly discovered evidence which
order , a petitioner could not, with
written statement to such effect duly reasonable diligence, have
signed discovered, and produced at the
by the person serving shall be investigation and which if presented
submitted. would probably alter the result; and
Decisions, resolutions or orders 3) Palpable errors in the findings of
coursed facts and conclusions of law or
through the deputies/agents of the decisions that are not supported by
Council, the evidence adduced in the
shall in all cases, be served upon investigation.
counsel, if Only one petition for
reconsideration/ reinvestigation
accompanied by proof of service
upon the
other party shall be entertained.
Resolution
or petitions for reconsideration/
reinvestigation shall be served upon
the
parties concerned in accordance
with
Section 73 hereof.
Philippine Environmental Laws Water
Helping Communities Defend the Earth
36
Section 76. Stay of Execution. - The
filing of petition for reconsideration
and/or
reinvestigation under the preceding
section
or an appeal with the Court of First
Instance under Article 89 of the Code
shall
not stay the execution of the
decisions,
resolution or order of the Council
unless a
bond as provided for in Article 88
shall
have been posted.
Section 77. Light Offenses. - A fine
of not more than Two Hundred
(P200.00)
Pesos and/or suspension of the
permit/grant for a period of not more
than
sixty (60) days shall be imposed for
any of
the following violations;
a) illegal taking or diversion of water
in an
open canal or reservoir;
b) unauthorized utilization of an
existing
well or ponding or spreading of
water
for recharging subterranean or
ground
water supplies;
c) appropriation of subterranean or
ground water for domestic use by an
overlying landowner without the
registration when required by the
Council;
d) failure of the appropriator to keep
a
record of water withdrawal when
required by the Council or by the
rules
and regulations of other water
oriented
agencies such as Water Districts
created
pursuant to Presidential Decree No.
198, as amended, provided that such
rules and regulations have been
approved by the Council;
e) repair without permission of
hydraulic
or structural features as originally
involving alteration of its hydraulic or
structural features as originally
approved; and
f) such other infractions as the
Council
may determine.
Section 78. Less Grave Offenses. -
A
fine of more than two Hundred
(P200.00)
Pesos but not exceeding Five
Hundred
(P500.00) Pesos and/or suspension
of the
water permit/grant for a period of
one
hundred twenty (120) days shall be
imposed
for the following violations:
a) unauthorized sale, lease or
transfer of
water permits water rights;
b) failure to install a regulating and
measuring device for the control of
the
volume of water appropriated when
required;
c) nonpayment of water charges; exceeding Five Thousand
and (P5,000.00)
d) violation of or non-compliance Pesos;
with any Philippine Environmental Laws Water
order, rule or regulation of the Helping Communities Defend the Earth
Council. 37
Section 79. Grave Offenses. - A fine h) unauthorized sale of water in
of more than Five Hundred (500.00) violation
Pesos of the permit; and
but not exceeding One Thousand i) such other serious violations as the
(P1,000) Council may determine.
Pesos and/or revocation of the water Section 80. Penalties for
permit/grant of any other right to the Delinquency. -
use of Where the penalty imposed is a fine
water shall be imposed for any of the and the
following violations: offender fails to pay the same within
a) drilling of a well without permit or the
with given period, he shall be liable, in
expired permit; addition,
b) failure to provide adequate to pay Five (P5.00) pesos per day of
facilities to delay
prevent or control disease whenever but in no case to exceed One
required in the construction of any Thousand
work for the storage, diversion, (P1,000.00) Pesos. However, if the
distribution and utilization of water; penalty
c) construction of any hydraulic work imposed is suspension of the water
or permit/grant, the counting of the
structure without duly approved period
plans shall begin from the time the original
and specifications; copy
d) failure to comply with any of the of the water permit/grant certificate
terms is
or conditions in a water permit or surrendered to the Council or any of
water its
rights grant not covered by the deputies/agents. Such grant/permit/
preceding sections, certificate shall be surrendered
e) non-observance of any standard within
for the fifteen (15) days from receipt of the
beneficial use of water and/or Council
schedule by order or decision and any delay in
of water distribution; the
f) use of water for a purpose other surrender thereof will be meted a
than penalty of
that for which a right or permit was Five (P5.00) Pesos each day.
granted; Section 81. Violations by Juridical
g) malicious destructions of Persons. - In cases where the
hydraulic offender is a
works or structure valued at not corporation, firm, partnership or
association, the penalty shall be cases where offender, at anytime
imposed before the
upon the guilty officers mentioned in execution of the order or decision,
Article 92 of the Code. offers in
Section 82. Violations by Non- writing to pay the fine imposed
Permittees. - In cases where the instead of
violator is not having his/her permit/grant
a permittee or grantee or has no suspended for
right to use a given period, the Council may, if
the water whatsoever, the Council the
thru its circumstances so warrant, accept
deputies or authorized such offer
representatives shall or compromise. However, if the
cause the stoppage of the use of the penalty
water imposed is both fine and suspension
either by plugging or sealing of the of the
well if permit for a given period, the offer
the same involves ground water shall
appropriation or demolition of the necessarily include the amount of
dam or the fine
hydraulic structures if the same imposed as well as such amount as
involves maybe
surface water, without prejudice to determined by the Council
the corresponding to
institution of a criminal/civil action as the period for which the permit
the should have
facts and circumstances may been suspended.
warrant. Section 85. Summary Revocation/
Section 83. Violations by Non- Suspension. - Water permits or other
Owners. - In cases where the violator rights to
is not use the water may be revoked or
the owner of the well or structure, he suspended
shall summarily by the Council if any of
be penalized twice as much as the the
fine following facts and/or conditions
imposed of his name as a party exists:
defendant in a) That the suspension/revocation
any action filed. Proper will
representations in redound to greater public interest,
this regard shall be made with the public health and safety;
appropriate agency for the b) That the acts complained of are
cancellation or grossly
suspension of his license/certificates illegal per se;
of c) That the violative act is the
registration. second
Section 84. Offer of Compromise. - offense on record involving the same
In infraction;
d) That the non-observance of or Rules of Court and Related Laws. -
noncompliance The
with the rules, order or provisions of the New Rules of Court,
regulation is willful and deliberate: Presidential Decree Nos. 77 and 911
e) When there is a prima facie on
showing preliminary investigation shall have
that the non-observance of any suppletory effect on matters not
standard specifically
for the beneficial use of water or covered by this rules.
noncompliance Section 87. Appeal of Council
with any of the terms or Decisions of the Council concerning
conditions in a water permit or water policies on the utilization,
rights grant is prejudicial to the life exploitation.
and Development, control, conservation
property of third person; and
Philippine Environmental Laws Water protection of water resources may
Helping Communities Defend the Earth be
38 appealed to the president.
f) When the suspension or revocation Section 88. These rules shall take
thereof is sought by any an injured effect fifteen (15) days after
party, provided he files a bond to publication in
cover three (3) newspapers of general
any damage which maybe sustained circulation.
by Unanimously adopted at the 119th
the permittee or grantee arising meeting
from of the National Water Resources
such summary Council on
revocation/suspension; June 11, 1979.
g) In times of emergency, where Alfredo L. Juino
there is a Chairman
prima facie showing that the use of
water by the permittee/grantee is
wasteful;
h) When health authorities so
recommend
to prevent or control the spread of
disease due inadequate facilities;
i) When in a decision of a competent
court the revocation or suspension of
the water permit or grant is ordered
or
recommended; and
j) Such other serious offenses or
gross
violations and infractions as the
Council
may decide.
Section 86. Applicability of the New
 [REPUBLIC A CT N O . 9729]
AN ACT MAINSTREAMING CLIMATE CHANGE INTO GOVERNMENT POLICY FORMULATIONS,
ESTABLISHING THE FRAMEWORK STRATEGY AND PROGRAM ON CLIMATE CHANGE,
CREATING FOR THIS PURPOSE THE CLIMATE CHANGE COMMISSION, AND FOR OTHER
PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:
SECTION 1. Title. – This Act shall be known as the “Climate Change Act of 2009”.
SEC . 2. Declaration of Policy. – It is the policy of the State to afford full protection and
the advancement of the right of the people to a healthful ecology in accord with the
rhythm and harmony of nature. In this light, the State has adopted the Philippine Agenda
21 framework which espouses sustainable development, to fulfill human needs while
maintaining the quality of the natural environment for current and future generations.
Towards this end, the State adopts the principle of protecting the climate system for the
benefit of humankind, on the basis of climate justice or common but differentiated
responsibilities and the Precautionary Principle to guide decision-making in climate risk
management. As a party to the United Nations Framework Convention on Climate
Change, the State adopts the ultimate objective of the Convention which is the
stabilization of greenhouse gas concentrations in the atmosphere at a level that would
prevent dangerous anthropogenic interference with the climate system which should be
achieved within a time frame sufficient to allow ecosystems to adapt naturally to climate
change, to ensure that food production is not threatened and to enable economic
development to proceed in a sustainable manner. As a party to the Hyogo Framework for
Action, the State likewise adopts the strategic goals in order to build national and local
resilience to climate change-related disasters.
Recognizing the vulnerability of the Philippine archipelago and its local communities,
particularly the poor, women, and children, to potential dangerous consequences of
climate change such as rising seas, changing landscapes, increasing frequency and/or
severity of droughts, fires, floods and storms, climate-related illnesses and diseases,
damage to ecosystems, biodiversity loss that affect the country’s environment, culture,
and economy, the State shall cooperate with the global community in the resolution of
climate change issues, including disaster risk reduction. It shall be the policy of the State
to enjoin the participation of national and local governments, businesses,
nongovernment organizations, local communities and the public to prevent and reduce
the adverse impacts of climate change and, at the same time, maximize the benefits of
climate change. It shall also be the policy of the State to incorporate a gender-sensitive,
pro-children and pro-poor perspective in all climate change and renewable energy
efforts, plans and programs. In view thereof, the State shall strengthen, integrate,
consolidate and institutionalize government initiatives to achieve coordination in the
implementation of plans and programs to address climate change in the context of
sustainable development.
Further recognizing that climate change and disaster risk reduction are closely
interrelated and effective disaster risk reduction will enhance climate change adaptive
capacity, the State shall integrate disaster risk reduction into climate change programs
and initiatives.
Cognizant of the need to ensure that national and subnational government policies,
plans, programs and projects are founded upon sound environmental considerations and
the principle of sustainable development, it is hereby declared the policy of the State to
systematically integrate the concept of climate change in various phases of policy
formulation, development plans, poverty reduction strategies and other development
tools and techniques by all agencies and instrumentalities of the government.
SEC . 3. Definition of Terms. – For purposes of this Act, the following shall have the
corresponding meanings:
(a) “Adaptation” refers to the adjustment in natural or human systems in response to
actual or expected climatic stimuli or their effects, which moderates harm or exploits
beneficial opportunities.
(b) “Adaptive capacity” refers to the ability of ecological, social or economic systems to
adjust to climate change including climate variability and extremes, to moderate or
offset potential damages and to take advantage of associated opportunities with
changes in climate or to cope with the consequences thereof.
(c) “Anthropogenic causes” refer to causes resulting from human activities or produced
by human beings.
(d) “Climate Change” refers to a change in climate that can be identified by changes in
the mean and/or variability of its properties and that persists for an extended period
typically decades or longer, whether due to natural variability or as a result of human
activity.
(e) “Climate Variability” refers to the variations in the average state and in other
statistics of the climate on all temporal and spatial scales beyond that of individual
weather events.
(f) “Climate Risk” refers to the product of climate and related hazards working over the
vulnerability of human and natural ecosystems.
(g) “Disaster” refers to a serious disruption of the functioning of a community or a
society involving widespread human, material, economic or environmental losses and
impacts which exceed the ability of the affected community or society to cope using its
own resources.
(h) “Disaster risk reduction” refers to the concept and practice of reducing disaster risks
through systematic efforts to analyze and manage the causal factors of disasters,
including through reduced exposure to hazards, lessened vulnerability of people and
property, wise management of land and the environment, and improved preparedness
for adverse events.
(i) “Gender mainstreaming” refers to the strategy for making women’s as well as men’s
concerns and experiences an integral dimension of the design, implementation,
monitoring, and evaluation of policies and programs in all political, economic, and
societal spheres so that women and men benefit equally and inequality is not
perpetuated. It is the process of assessing the implications for women and men of any
planned action, including legislation, policies, or programs in all areas and at all levels.
(j) “Global Warming” refers to the increase in the average temperature of the Earth’s
near-surface air and oceans that is associated with the increased concentration of
greenhouse gases in the atmosphere.
(k) “Greenhouse effect” refers to the process by which the absorption of infrared
radiation by the atmosphere warms the Earth.
(l) “Greenhouse gases (GHG)” refers to constituents of the atmosphere that contribute to
the greenhouse effect including, but not limited to, carbon dioxide, methane, nitrous
oxide, hydrofluorocarbons, perfluorocarbons and sulfur hexafluoride.
(m) “Mainstreaming” refers to the integration of policies and measures that address
climate change into development planning and sectoral decision-making.
(n) “Mitigation” in the context of climate change, refers to human intervention to
address anthropogenic emissions by sources and removals by sinks of all GHG, including
ozone- depleting substances and their substitutes.
(o) “Mitigation potential” shall refer to the scale of GHG reductions that could be made,
relative to emission baselines, for a given level of carbon price (expressed in cost per
unit of carbon dioxide equivalent emissions avoided or reduced).
(p) “Sea level rise” refers to an increase in sea level which may be influenced by factors
like global warming through expansion of sea water as the oceans warm and melting of
ice over land and local factors such as land subsidence.
(q) “Vulnerability” refers to the degree to which a system is susceptible to, or unable to
cope with, adverse effects of climate change, including climate variability and extremes.
Vulnerability is a function of the character, magnitude, and rate of climate change and
variation to which a system is exposed, its sensitivity, and its adaptive capacity.
SEC . 4. Creation of the Climate Change Commission. – There is hereby established a
Climate Change Commission, hereinafter referred to as the Commission.
The Commission shall be an independent and autonomous body and shall have the same
status as that of a national government agency. It shall be attached to the Office of the
President.
The Commission shall be the sole policy-making body of the government which shall be
tasked to coordinate, monitor and evaluate the programs and action plans of the
government relating to climate change pursuant to the provisions of this Act.
The Commission shall be organized within sixty (60) days from the effectivity of this Act.
SEC . 5. Composition of the Commission. – The Commission shall be composed of the
President of the Republic of the Philippines who shall serve as the Chairperson, and three
(3) Commissioners to be appointed by the President, one of whom shall serve as the Vice
Chairperson of the Commission.
The Commission shall have an advisory board composed of the following:
(a) Secretary of the Department of Agriculture;
(b) Secretary of the Department of Energy;
(c) Secretary of the Department of Environment and Natural Resources;
(d) Secretary of the Department of Education;
(e) Secretary of the Department of Foreign Affairs;
(f) Secretary of the Department of Health;
(g) Secretary of the Department of the Interior and Local Government;
(h) Secretary of the Department of National Defense, in his capacity as Chair of the
National Disaster Coordinating Council;
(i) Secretary of the Department of Public Works and Highways;
(j) Secretary of the Department of Science and Technology;
(k) Secretary of the Department of Social Welfare and Development;
(l) Secretary of the Department of Trade and Industry;
(m) Secretary of the Department of Transportation and Communications;
(n) Director-General of the National Economic and Development Authority, in his capacity
as Chair of the Philippine Council for Sustainable Development;
(o) Director-General of the National Security Council;
(p) Chairperson of the National Commission on the Role of Filipino Women;
(q) President of the League of Provinces;
(r) President of the League of Cities;
(s) President of the League of Municipalities;
(t) President of the Liga ng mga Barangay;
(u) Representative from the academe;
(v) Representative from the business sector; and
(w) Representative from nongovernmental organizations.
At least one (1) of the sectoral representatives shall come from the disaster risk
reduction community.
The representatives shall be appointed by the President from a list of nominees
submitted by their respective groups. They shall serve for a term of six (6) years without
reappointment unless their representation is withdrawn by the sector they represent.
Appointment to any vacancy shall be only for the unexpired term of the predecessor.
Only the ex officio members of the advisory board shall appoint a qualified
representative who shall hold a rank of no less than an Undersecretary.
SEC . 6. Meetings of the Commission. – The Commission shall meet once every three (3)
months, or as often as may be deemed necessary by the Chairperson. The Chairperson
may likewise call upon other government agencies for the proper implementation of this
Act.
SEC . 7. Qualifications, Tenure, Compensation of Commissioners. – The Commissioners
must be Filipino citizens, residents of the Philippines, at least thirty (30) years of age at
the time of appointment, with at least ten (10) years of experience on climate change
and of proven honesty and
integrity. The Commissioners shall be experts in climate change by virtue of their
educational background, training and experience: Provided, That at least one (1)
Commissioner shall be female: Provided, further, That in no case shall the
Commissioners come from the same sector: Provided, finally, That in no case shall any of
the Commissioners appoint representatives to act on their behalf.
The Commissioners shall hold office for a period of six (6) years, and may be subjected
to reappointment: Provided, That no person shall serve for more than two (2)
consecutive terms: Provided, further, That in case of a vacancy, the new appointee shall
fully meet the qualifications of a Commissioner and shall hold office for the unexpired
portion of the term only: Provided, finally, That in no case shall a Commissioner be
designated in a temporary or acting capacity.
The Vice Chairperson and the Commissioners shall have the rank and privileges of a
Department Secretary and Undersecretary, respectively. They shall be entitled to
corresponding compensation and other emoluments and shall be subject to the same
disqualifications.
SEC . 8. Climate Change Office. – There is hereby created a Climate Change Office that
shall assist the Commission. It shall be headed by a Vice Chairperson of the Commission
who shall act as the Executive Director of the Office. The Commission shall have the
authority to determine the number of staff and create corresponding positions necessary
to facilitate the proper implementation of this Act, subject to civil service laws, rules and
regulations. The officers and employees of the Commission shall be appointed by the
Executive Director.
S EC . 9. Powers and Functions of the Commission. – The Commission shall have the
following powers and functions:
(a) Ensure the mainstreaming of climate change, in synergy with disaster risk reduction,
into the national, sectoral and local development plans and programs;
(b) Coordinate and synchronize climate change programs of national government
agencies;
(c) Formulate a Framework Strategy on Climate Change to serve as the basis for a
program for climate change planning, research and development, extension, and
monitoring of activities on climate change;
(d) Exercise policy coordination to ensure the attainment of goals set in the framework
strategy and program on climate change;
(e) Recommend legislation, policies, strategies, programs on and appropriations for
climate change adaptation and mitigation and other related activities;
(f) Recommend key development investments in climate- sensitive sectors such as water
resources, agriculture, forestry, coastal and marine resources, health, and infrastructure
to ensure the achievement of national sustainable development goals;
(g) Create an enabling environment for the design of relevant and appropriate risk-
sharing and risk-transfer instruments;
(h) Create an enabling environment that shall promote broader multi-stakeholder
participation and integrate climate change mitigation and adaptation;
(i) Formulate strategies on mitigating GHG and other anthropogenic causes of climate
change;
(j) Coordinate and establish a close partnership with the National Disaster Coordinating
Council in order to increase efficiency and effectiveness in reducing the people’s
vulnerability to climate-related disasters;
(k) In coordination with the Department of Foreign Affairs, represent the Philippines in
the climate change negotiations;
(l) Formulate and update guidelines for determining vulnerability to climate change
impacts and adaptation assessments and facilitate the provision of technical assistance
for their implementation and monitoring;
(m) Coordinate with local government units (LGUs) and private entities to address
vulnerability to climate change impacts of regions, provinces, cities and municipalities;
(n) Facilitate capacity building for local adaptation planning, implementation and
monitoring of climate change initiatives in vulnerable communities and areas;
(o) Promote and provide technical and financial support to local research and
development programs and projects in vulnerable communities and areas; and
(p) Oversee the dissemination of information on climate change, local vulnerabilities and
risks, relevant laws and protocols and adaptation and mitigation measures.
S EC . 10. Panel of Technical Experts. – The Commission shall constitute a national panel
of technical experts consisting of practitioners in disciplines that are related to climate
change, including disaster risk reduction.
The Panel shall provide technical advice to the Commission in climate science,
technologies, and best practices for risk assessment and enhancement of adaptive
capacity of vulnerable human settlements to potential impacts of climate change.
The Commission shall set the qualifications and compensation for the technical experts.
It shall provide resources for the operations and activities of the Panel.
SEC . 11. Framework Strategy and Program on Climate Change. – The Commission shall,
within six (6) months from the effectivity of this Act, formulate a Framework Strategy on
Climate Change. The Framework shall serve as the basis for a program for climate
change planning, research and development, extension, and monitoring of activities to
protect vulnerable communities from the adverse effects of climate change.
The Framework shall be formulated based on climate change vulnerabilities, specific
adaptation needs, and mitigation potential, and in accordance with the international
agreements.
The Framework shall be reviewed every three (3) years, or as may be deemed
necessary.
SEC . 12. Components of the Framework Strategy and Program on Climate Change. – The
Framework shall include, but not limited to, the following components:
(a) National priorities;
(b) Impact, vulnerability and adaptation assessments;
(c) Policy formulation;
(d) Compliance with international commitments;
(e) Research and development;
(f) Database development and management;
(g) Academic programs, capability building and mainstreaming;
(h) Advocacy and information dissemination;
(i) Monitoring and evaluation; and
(j) Gender mainstreaming.
SEC . 13. National Climate Change Action Plan . – The Commission shall formulate a
National Climate Change Action Plan in accordance with the Framework within one (1)
year after the formulation of the latter.
The National Climate Change Action Plan shall include, but not limited to, the following
components:
(a) Assessment of the national impact of climate change;
(b) The identification of the most vulnerable communities/areas, including ecosystems to
the impacts of climate change, variability and extremes;
(c) The identification of differential impacts of climate change on men, women and
children;
(d) The assessment and management of risk and vulnerability;
(e) The identification of GHG mitigation potentials; and
(f) The identification of options, prioritization of appropriate adaptation measures for
joint projects of national and local governments.
SEC . 14. Local Climate Change Action Plan. – The LGUs shall be the frontline agencies in
the formulation, planning and implementation of climate change action plans in their
respective areas, consistent with the provisions of the Local Government Code, the
Framework, and the National Climate Change Action Plan.
Barangays shall be directly involved with municipal and city governments in prioritizing
climate change issues and in identifying and implementing best practices and other
solutions. Municipal and city governments shall consider climate change adaptation, as
one of their regular functions. Provincial governments shall provide technical assistance,
enforcement and information management in support of municipal and city climate
change action plans. Inter-local government unit collaboration shall be maximized in the
conduct of climate- related activities.
LGUs shall regularly update their respective action plans to reflect changing social,
economic, and environmental conditions and emerging issues. The LGUs shall furnish the
Commission with copies of their action plans and all subsequent amendments,
modifications and revisions thereof, within one (1) month from their adoption. The LGUs
shall mobilize and allocate necessary personnel, resources and logistics to effectively
implement their respective action plans.
The local chief executive shall appoint the person responsible for the formulation and
implementation of the local action plan.
It shall be the responsibility of the national government to extend technical and financial
assistance to LGUs for the accomplishment of their Local Climate Change Action Plans.
The LGU is hereby expressly authorized to appropriate and use the amount from its
Internal Revenue Allotment necessary to implement said local plan effectively, any
provision in the Local Government Code to the contrary notwithstanding.
SEC . 15. Role of Government Agencies. – To ensure the effective implementation of the
framework strategy and program on climate change, concerned agencies shall perform
the following functions:
(a) The Department of Education (DepED) shall integrate climate change into the
primary and secondary education curricula and/or subjects, such as, but not limited to,
science, biology, sibika, history, including textbooks, primers and other educational
materials, basic climate change principles and concepts;
(b) The Department of the Interior and Local Government (DILG) and Local Government
Academy shall facilitate the development and provision of a training program for LGUs in
climate change. The training program shall include socioeconomic, geophysical, policy,
and other content necessary to address the prevailing and forecasted conditions and
risks of particular LGUs. It shall likewise focus on women and children, especially in the
rural areas, since they are the most vulnerable;
(c) The Department of Environment and Natural Resources (DENR) shall oversee the
establishment and maintenance of a climate change information management system
and network, including on climate change risks, activities and investments, in
collaboration with other concerned national government agencies, institutions and LGUs;
(d) The Department of Foreign Affairs (DFA) shall review international agreements
related to climate change and make the necessary recommendation for ratification and
compliance by the government on matters pertaining thereto;
(e) The Philippine Information Agency (PIA) shall disseminate information on climate
change, local vulnerabilities and risk, relevant laws and protocols and adaptation and
mitigation measures; and
(f) Government financial institutions, shall, any provision in their respective charters to
the contrary notwithstanding, provide preferential financial packages for climate change-
related projects. In consultation with the Bangko Sentral ng Pilipinas (BSP), they shall,
within thirty (30) days from the effectivity of this Act, issue and promulgate the
implementing guidelines therefor.
The Commission shall evaluate, recommend the approval of loans and monitor the use of
said funds of LGUs.
SEC . 16. Coordination with Various Sectors. – In the development and implementation of
the National Climate Change Action Plan, and the local action plans, the Commission
shall coordinate with the nongovernment organizations (NGOs), civic organizations,
academe, people’s organizations, the private and corporate sectors and other concerned
stakeholder groups.
SEC . 17. Authority to Receive Donations and/or Grants. – The Commission is hereby
authorized to accept grants, contributions, donations, endowments, bequests, or gifts in
cash, or in kind from local and foreign sources in support of the development and
implementation of climate change programs and plans: Provided, That in case of
donations from foreign governments, acceptance thereof shall be subject to prior
clearance and approval of the President of the Philippines upon recommendation of the
Secretary of Foreign Affairs: Provided, further, That such donations shall not be used to
fund personal services expenditures and other operating expenses of the Commission.
The proceeds shall be used to finance:
(a) Research, development, demonstration and promotion of technologies;
(b) Conduct of assessment of vulnerabilities to climate change impacts, resource
inventory, and adaptation capability building;

(c) Advocacy, networking and communication activities in the conduct of information

campaign; and
(d) Conduct of such other activities reasonably necessary to carry out the objectives of
this Act, as may be defined by the Commission.
SEC. 18. Funding Allocation for Climate Change. – All relevant government agencies and
LGUs shall allocate from their annual appropriations adequate funds for the formulation,
development and implementation, including training, capacity building and direct
intervention, of their respective climate change programs and plans. It shall also include
public awareness campaigns on the effects of climate change and energy-saving
solutions to mitigate these effects, and initiatives, through educational and training
programs and micro-credit schemes, especially for women in rural areas. In subsequent
budget proposals, the concerned offices and units shall appropriate funds for
program/project development and implementation including continuing training and
education in climate change.
SEC . 19. Joint Congressional Oversight Committee. – There is hereby created a Joint
Congressional Oversight Committee to monitor the implementation of this Act. The
Oversight Committee shall be composed of five (5) Senators and five (5) Representatives
to be appointed by the Senate President and the Speaker of the House of
Representatives, respectively. The Oversight Committee shall be co-chaired by a Senator
and a Representative to be designated by the Senate President and the Speaker of the
House of Representatives, respectively. Its funding requirement shall be charged against
the appropriations of Congress.
SEC . 20. Annual Report. – The Commission shall submit to the President and to both
Houses of Congress, not later than March 30 of every year following the effectivity of this
Act, or upon the request of the Congressional Oversight Committee, a report giving a
detailed account of the status of the implementation of this Act, a progress report on the
implementation of the National Climate Change Action Plan and recommend legislation,
where applicable and necessary. LGUs shall submit annual progress reports on the
implementation of their respective local action plan to the Commission within the first
quarter of the following year.
SEC . 21. Appropriations. – The sum of Fifty million pesos (Php50,000,000.00) is hereby
appropriated as initial operating fund in addition to the unutilized fund of the Presidential
Task Force on Climate Change and the Office of the Presidential Adviser on Global
Warming and Climate Change. The sum shall be sourced from the President’s contingent
fund.
Thereafter, the amount necessary to effectively carry out the provisions of this Act shall
be included in the annual General Appropriations Act.
SEC . 22. Implementing Rules and Regulations. – Within ninety (90) days after the
approval of this Act, the Commission shall, upon consultation with government agencies,
LGUs, private sector, NGOs and civil society, promulgate the implementing rules and
regulations of this Act: Provided, That failure to issue rules and regulations shall not in
any manner affect the executory nature of the provisions of this Act.
SEC . 23. Transitory Provisions. – Upon the organization of the Commission, the
Presidential Task Force on Climate Change created under Administrative Order No. 171
and the Inter-Agency Committee on Climate Change created by virtue of Administrative
Order No. 220, shall be abolished: Provided, That their powers and functions shall be
absorbed by the Commission: Provided, further, That the officers and employees thereof
shall continue in a holdover capacity until such time as the new officers and employees
of the Commission shall have been duly appointed pursuant to the provisions of this Act.
All qualified regular or permanent employees who may be transferred to the Commission
shall not suffer any loss in seniority or rank or decrease in emoluments. Any employee
who cannot be absorbed by the Commission shall be entitled to a separation pay under
existing retirement laws.
SEC. 24. Separability Clause. – If for any reason any section or provision of this Act is
declared as unconstitutional or invalid, the other sections or provisions hereof shall not
be affected thereby.
SEC . 25. Repealing Clause. – All laws, ordinances, rules and regulations, and other
issuances or parts thereof which are inconsistent with this Act are hereby repealed or
modified accordingly.
SEC . 26. Effectivity. – This Act shall take effect fifteen (15) days after the completion of
its publication in the Official Gazette or in at least two (2) national newspapers of general
circulation.
Approved,
PROSPERO C. NOGRALES
Speaker of the House of Representatives
JUAN PONCE ENRILE
President of the Senate
This Act which is a consolidation of Senate Bill No. 2583 and House Bill No. 5982 was
finally passed by the Senate and the House of Representatives on August 25, 2009 and
September 2, 2009, respectively.
PRIME - M4 Page 1 of 29
S. No. 1255
H. No. 6216
Republic of the Philippines
Congress of the Philippines
Metro Manila
Eleventh Congress
First Regular Session
Begun and held in Metro Manila, on Monday, the twenty-seventh day of July, nineteen hundred and
ninety eight.
_________________
REPUBLIC ACT
No. 8749
Subject: AN ACT PROVIDING FOR A COMPREHENSIVE AIR
POLLUTION CONTROL POLICY AND FOR OTHER
PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:
Chapter 1
General Provisions
Article 1
Basic Air Quality Policies
Section 1. Short Title - This Act shall be known as the "Philippine Clean Air Act
of 1999."
Section 2. Declaration of Principles. - 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.
The State shall promote and protect the global environment to attain sustainable
development while recognizing the primary responsibility of local government units to deal
with environmental problems.
The State recognizes that the responsibility of cleaning the habitat and environment
is primarily area-based.
The State also recognizes the principle that "polluters must pay".
Finally, the State recognizes that a clean and healthy environment is for the good of
all and should therefore be the concern of all.
PRIME - M4 Page 2 of 29
Section 3. Declaration of Policies. - The State shall pursue a policy of
balancing development and environmental protection. To achieve this end, the framework for
sustainable development shall be pursued. It shall be the policy of the State to:
a) Formulate a holistic national program of air pollution management that shall be
implemented by the government through proper delegation and effective
coordination of functions and activities;
b) Encourage cooperation and self-regulation among citizens and industries though
the application of market-based instruments;
c) Focus primarily on pollution prevention rather than on control and provide for a
comprehensive management program for air pollution;
d) Promote public information and education to encourage the participation of an
informed and active public in air quality planning and monitoring; and
e) Formulate and enforce a system of accountability for short and long-term adverse
environmental impact of a project, program or activity. This shall include the
setting up of a funding or guarantee mechanism for clean-up and environmental
rehabilitation and compensation for personal damages.
Section 4. Recognition of Rights. - Pursuant to the above-declared
principles, the following rights of citizens are hereby sought to be recognized and the State
shall seek to guarantee their enjoyment:
a) The right to breathe clean air;
b) The right to utilize and enjoy all natural resources according to the
principle of sustainable development;
c) The right to participate in the formulation, planning, implementation and
monitoring of environmental policies and programs and in the decisionmaking
process;
d) The right to participate in the decision-making process concerning
development policies, plans and programs projects or activities that may
have adverse impact on the environment and public health;
e) The right to be informed of the nature and extent of the potential hazard of
any activity, undertaking or project and to be served timely notice of any
significant rise in the level of pollution and the accidental or deliberate
release into the atmosphere of harmful or hazardous substances;
f) The right of access to public records which a citizen may need to exercise
his or her rights effectively under this Act;
g) The right to bring action in court or quasi- judicial bodies to enjoin all
activities in violation of environmental laws and regulations, to compel the
rehabilitation and cleanup of affected area, and to seek the imposition of
penal sanctions against violators of environmental laws; and
h) The right to bring action in court for compensation of personal damages
resulting from the adverse environmental and public health impact of a
project or activity.
PRIME - M4 Page 3 of 29
Article 2
Definition Of Terms
Section 5. Definitions - As used in this Act:
a) "Air pollutant" means any matter found in the atmosphere other than oxygen,
nitrogen, water vapor, carbon dioxide, and the inert gases in their natural or
normal concentrations, that is detrimental to health or the environment, which
includes but not limited to smoke, dust, soot, cinders, fly ash, solid particles of
any kind, gases, fumes, chemical mists, steam and radio-active substances;
b) "Air pollution" means any alteration of the physical, chemical and biological
properties of the atmospheric air, or any discharge thereto of any liquid, gaseous
or solid substances that will or is likely to create or to render the air resources of
the country harmful, detrimental, or injurious to public health, safety or welfare or
which will adversely affect their utilization for domestic, commercial, industrial,
agricultural, recreational, or other legitimate purposes;
c) "Ambient air quality guideline values" mean the concentration of air over
specified periods classified as short-term and long-term which are intended to
serve as goals or objectives for the protection of health and/or public welfare.
These values shall be used for air quality management purposes such as
determining time trends, evaluating stages of deterioration or enhancement of the
air quality, and in general, used as basis for taking positive action in preventing,
controlling, or abating air pollution;
d) "Ambient air quality" means the general amount of pollution present in a broad
area; and refers to the atmosphere's average purity as distinguished from
discharge measurements taken at the source of pollution;
e) "Certificate of Conformity" means a certificate issued by the Department of
Environment and Natural Resources to a vehicle manufacturer/assembler or
importer certifying that a particular new vehicle or vehicle type meets the
requirements provided under this Act and its rules and regulations;
f) "Department" means the Department of Environment and Natural Resources;
g) "Eco-profile" means the geographical-based instrument for planners and
decision-makers which present an evaluation of the environmental quality and
carrying capacity of an area. It is the result of the integration of primary and
secondary data and information on natural resources and anthropogenic activities
on the land which are evaluated by various environmental risk assessment and
forecasting methodologies that enable the Department to anticipate the type of
development control necessary in the planning area;
h) "Emission" means any air contaminant, pollutant, gas stream or unwanted
sound from a known source which is passed into the atmosphere;
i) "Greenhouse gases" mean those gases that can potentially or can reasonably
be expected to induce global warming, which include carbon dioxide, methane,
oxides of nitrogen, chorofluorocarbons, and the like;
PRIME - M4 Page 4 of 29
j) "Hazardous substances" mean those substances which present either: (1)
short-term acute hazards such as acute toxicity by ingestion, inhalation, or skin
absorption, corrosivity or other skin or eye contact hazard or the risk of fire
explosion; or (2) long-term toxicity upon repeated exposure, carcinogenicity
(which in some cases result in acute exposure but with a long latent period),
resistance to detoxification process such as biodegradation, the potential to
pollute underground or surface waters;
k) "Infectious waste" means that portion of medical waste that could transmit an
infectious disease;
l) "Medical waste" means the materials generated as a result of patient diagnosis,
treatment, or immunization of human beings or animals;
m) "Mobile source" means any vehicle propelled by or through combustion of
carbon-based or other fuel, constructed and operated principally for the
conveyance of persons or the transportation of property or goods;
n) "Motor vehicle" mean any vehicle propelled by a gasoline or diesel engine or by
any other than human or animal power, constructed and operated principally for
the conveyance of persons or the transportation of property or goods in a public
highway or street open to public use;
o) "Municipal waste" means the waste materials generated from communities
within a specific locality;
p) "New vehicle" means a vehicle constructed entirely from new parts that has
never been sold or registered with the DOTC or with the appropriate agency or
authority, and operated on the highways of the Philippines, any foreign state or
country;
q) "Octane Rating or the Anti-Knock Index (AKI)" means the rating of the antiknock
characteristics of a grade or type of automotive gasoline as determined by
dividing by two (2) the sum of the Research Octane Number (RON), plus the
Motor Octane Number (MON); the octane requirement, with respect to
automotive gasoline for use in a motor vehicle or a class thereof, whether
imported, manufactured, or assembled by a manufacturer, shall refer to the
minimum octane rating of such automotive gasoline which such manufacturer
recommends for the efficient operation of such motor vehicle, or a substantial
portion of such class, without knocking;
r) "Ozone Depleting Substances (ODS)" mean those substances that significantly
deplete or otherwise modify the ozone layer in a manner that is likely to result in
adverse effects on human health and the environment such as, but not limited to,
chlorofluorocarbons, halons, and the like;
s) "Persistent Organic Pollutants (POPs)" mean the organic compounds that
persist in the environment, bioaccumulate through the food web, and pose a risk
of causing adverse effects to human health and the environment. These
compounds resist photolytic, chemical and biological degradation, which shall
include but not be limited to dioxin, furan, Polychlorinated Biphenyls (PCBs),
organochlorine pesticides, such as aldrin, dieldrin, DDT, hexachlorobenzene,
lindane, toxaphere and chlordane;
PRIME - M4 Page 5 of 29
t) "Poisonous and toxic fumes" mean any emissions and fumes which are
beyond internationally-accepted standards, including but not limited to World
Health Organization (WHO) guideline values;
u) "Pollution control device" means any device or apparatus used to prevent,
control or abate the pollution of air caused by emissions from identified pollution
sources at levels within the air pollution control standard established by the
Department;
v) "Pollution control technology" means the pollution control devices, production
processes, fuel combustion processes or other means that effectively prevent or
reduce emissions or effluent;
w) "Standard of performance" means a standard for emissions of air pollutant
which reflects the degree of emission limitation achievable through the
application of the best system of emission reduction, taking into account the cost
of achieving such reduction and any non-air quality health and environmental
impact and energy requirement which the Department determines, and
adequately demonstrates; and
x) "Stationary source" means any building or immobile structure, facility or
installation which emits or may emit any air pollutant.
Chapter 2
Air Quality Management System
Article 1
General Provisions
Section 6. Air Quality Monitoring and Information Network. - The Department
shall prepare an annual National Air Quality Status Report which shall be used as the basis
in formulating the Integrated Air Quality Improvement Framework, as provided for in Section
7. The said report shall include, but shall not be limited to the following:
a) Extent of pollution in the country, per type of pollutant and per type of source, based on
reports of the Department's monitoring stations;
b) Analysis and evaluation of the current state, trends and projections of air pollution at the
various levels provided herein;
c) Identification of critical areas, activities, or projects which will need closer monitoring or
regulation;
d) Recommendations for necessary executive and legislative action; and
e) Other pertinent qualitative and quantitative information concerning the extent of air
pollution and the air quality performance rating of industries in the country.
The Department, in cooperation with the National Statistical Coordination Board
(NSCB), shall design and develop an information network for data storage, retrieval and
exchange.
PRIME - M4 Page 6 of 29
The Department shall serve as the central depository of all data and information
related to air quality.
Section 7. Integrated Air Quality Improvement Framework. - The
Department shall, within six (6) months after the effectivity of this Act, establish, with the
participation of LGUs, NGOs, POs, the academe and other concerned entities from the
private sector, formulate and implement the Integrated Air Quality Improvement Framework
for a comprehensive air pollution management and control program. The framework shall,
among others, prescribe the emission reduction goals using permissible standards, control
strategies and control measures to be undertaken within a specified time period, including
cost-effective use of economic incentives, management strategies, collective action, and
environmental education and information.
The Integrated Air Quality Improvement Framework shall be adopted as the official
blueprint with which all government agencies must comply with to attain and maintain
ambient air quality standards.
Section 8. Air Quality Control Action Plan. - Within six (6) months after the
formulation of the framework, the Department shall, with public participation, formulate and
implement an air quality control action plan consistent with Section 7 of this Act. The action
plan shall:
a) Include enforceable emission limitations and other control measures, means or
techniques, as well as schedules and time tables for compliance, as may be
necessary or appropriate to meet the applicable requirements of this Act;
b) Provide for the establishment and operation of appropriate devices, methods,
systems and procedures necessary to monitor, compile and analyze data on
ambient air quality;
c) Include a program to provide for the following: (1) enforcement of the
measures described in the subparagraph (a); (2) regulation of the modification
and construction of any stationary source within the areas covered by the plan, in
accordance with land use policy to ensure that ambient air quality standards are
achieved;
d) Contain adequate provisions, consistent with the provisions of this Act, prohibiting
any source or other types of emissions activity within the country from emitting
any air pollutant in amounts which will significantly contribute to the nonattainment
or will interfere with the maintenance by the Department of any such
ambient air quality standard required to be included in the implementation plan to
prevent significant deterioration of air quality or to protect visibility;
e) Include control strategies and control measures to be undertaken within a
specified time period, including cost-effective use of economic incentives,
management strategies, collection action, and environmental education and
information;
f) Designate airsheds; and
g) All other measures necessary for the effective control and abatement of air
pollution.
PRIME - M4 Page 7 of 29
The adoption of the plan shall clarify the legal effects on the financial, manpower and
budgetary resources of the affected government agencies, and on the alignment of their
programs with the plans.
In addition to direct regulations, the plan shall be characterized by a participatory
approach to the pollution problem. The involvement of private entities in the monitoring and
testing of emissions from mobile and/or stationary sources shall be considered.
Likewise, the LGUs, with the assistance from the Department, shall prepare and
develop an action plan consistent with the Integrated Air Quality Improvement Framework to
attain and maintain the ambient air quality standards within their respective airsheds as
provided in Section 9 hereof.
The local government units shall develop and submit to the Department a procedure
for carrying out the action plan for their jurisdiction. The Department, however, shall maintain
its authority to independently inspect the enforcement procedure adopted. The Department
shall have the power to closely supervise all or parts of the air quality action plan until such
time the local government unit concerned can assume the function to enforce the standards
set by the Department.
A multi-sectoral monitoring team with broad public representation shall be convened
by the Department for each LGU to conduct periodic inspections of air pollution sources to
assess compliance with the emission limitations contained in their permits.
Section 9. Airsheds. - Pursuant to Section 8 of this Act, the designation of
airsheds shall be on the basis of, but not limited to, areas with similar climate, meteorology
and topology which affect the interchange and diffusion of pollutants in the atmosphere, or
areas which share common interest or face similar development programs, prospects or
problems.
For a more effective air quality management, a system of planning and coordination
shall be established and a common action plan shall be formulated for each airshed.
To effectively carry out the formulated action plans, a Governing Board is hereby
created, hereinafter referred to as the Board.
The Board shall be headed by the Secretary of the Department of Environment and
Natural Resources as chairman. The members shall be as follows:
a) Provincial Governors from areas belonging to the airshed;
b) City/Municipal Mayors from areas belonging to the airshed;
c) A representative from each concerned government agency;
d) Representatives from people's organizations;
e) Representatives from nongovernment organizations; and
f) Representatives from the private sector.
The Board shall perform the following functions:
a) Formulation of policies;
b) Preparation of a common action plan;
c) Coordination of functions among its members; and
d) Submission and publication of an annual Air Quality Status Report for each
airshed.
PRIME - M4 Page 8 of 29
Upon consultation with appropriate local government authorities, the Department
shall, from time to time, revise the designation of airsheds utilizing eco-profiling techniques
and undertaking scientific studies.
Emissions trading may be allowed among pollution sources within an airshed.
Section 10. Management of Nonattainment Areas. - The Department shall
designate areas where specific pollutants have already exceeded ambient standards as
nonattainment areas. The Department shall prepare and implement a program that will
prohibit new sources of exceeded air pollutant without a corresponding reduction in existing
sources.
In coordination with other appropriate government agencies, the LGUs shall prepare
and implement a program and other measures including relocation, whenever necessary, to
protect the health and welfare of residents in the area.
For those designated as nonattainment areas, the Department after consultation with
local government authorities, nongovernment organizations (NGOs), people's organizations
(POs) and concerned sectors may revise the designation of such areas and expand its
coverage to cover larger areas depending on the condition of the areas.
Section 11. Air Quality Control Techniques - Simultaneous with the issuance
of the guideline values and standards, the Department, through the research and
development program contained in this Act and upon consultation with the appropriate
advisory committees, government agencies and LGUs, shall issue, and from time to time,
revise information on air pollution control techniques. Such information shall include:
a) Best available technology and alternative methods of prevention, management
and control of air pollution
b) Best available technology economically achievable which shall refer to the
technological basis/standards for emission limits applicable to existing, direct
industrial emitters of non-conventional and toxic pollutants; and
c) Alternative fuels, processes and operating methods which will result in the
elimination or significant reduction of emissions.
Such information may also include data relating to the cost of installation and
operation, energy requirements, emission reduction benefits, and environmental impact or
the emission control technology.
The issuance of air quality guideline values, standards and information on air quality
control techniques shall be made available to the general public: Provided, That the
issuance of information on air quality control techniques shall not be construed as requiring
the purchase of certain pollution control devices by the public.
Section 12. 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 public health and safety, and general welfare.
The initial list and values of the hazardous air pollutants shall be as follows:
PRIME - M4 Page 9 of 29
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:
Short Terma Long Termb
Pollutants μg/NCM ppm Averaging μg/NCM ppm
Averaging
Time Time
Suspended Particulate
Matter
c
- TSP 230d 24 hours 90 -- 1 year
c
- PM-10 150f 24 hours 60 -- 1 year
e
Sulfur Dioxide
c
180 0.07 24 hours 80 0.03 1 year
Nitrogen Dioxide 150 0.08 24 hours -- -- --
Photochemical Oxidants 140 0.07 1 hour -- -- --
As Ozone 60 0.03 8 hours -- -- --
Carbon Monoxide 35 mg/NCM 30 1 hour -- -- --
10 mg/NCM 9 8 hours -- -- --
PRIME - M4 Page 10 of 29
a Maximum limits represented by ninety-eight percentile (98%) values not to be exceeded
more than once a year.
b Arithmetic mean.
c SO2 and Suspended Particulate Matter are sampled once every six days when using the
manual methods. A minimum of twelve sampling days per quarter or forty-eight
sampling days each year is required for these methods. Daily sampling may be done in
the future once continuous analyzers are procured and become available.
d Limits for Total Suspended Particulate Matter with mass median diameter less than 25-50
μm.
e Annual Geometric Mean.
f Provisional limits for Suspended Particulate Matter with mass median diameter less than
10 microns and below until sufficient monitoring data are gathered to base a proper
guideline.
g Evaluation of this guideline is carried out for 24-hour averaging time and averaged over
three moving calendar months. The monitored average value for any three months shall
not exceed the guideline value.
b) For National Ambient Air Quality Standards for Source Specific Air
Pollutants from Industrial Sources/Operations:
Concentration2
Pollutants 1
μg/NCM ppm
Averaging
time (min.)
Methods of Analysis/
Measurement3
1. Ammonia 200 0.28 30 Nesslerization/Indo
Phenol
2. Carbon Disulfide 30 0.01 30 Tischer Method
3. Chlorine and
Chlorine compounds
expressed as Cl2
100 0.03 5
Methyl Orange
4. Formaldehyde 50 0.04 30 Chromotropic acid
Method or MBTH
Colorimetric Method
5. Hydrogen Chloride 200 0.13 30 Volhard Titration with
Iodine Solution
6. Hydrogen Sulfide 100 0.07 30 Methylene Blue
7. Lead 20 30 AAS c
8. Nitrogen Dioxide 375
260
0.20
0.14
30
60
Greiss-Saltzman
9. Phenol 100 0.03 30 4-Aminoantiphyrine
10. Sulfur Dioxide 470
340
0.18
0.13
30
60
Colorimetric-
Pararosaniline
11. Suspended
Particulate 300 -- 60 Gravimetric
PRIME - M4 Page 11 of 29
Matter - TSP
- PM10
200 -- 60 - do -
1 Pertinent ambient standards for Antimony, Arsenic, Cadmium, Asbestos, Nitric Acid and
Sulfuric Acid Mists in the 1978 NPCC Rules and Regulations may be considered as
guides in determining compliance.
2 Ninety-eight percentile (98%) values of 30-minute sampling measured at 25°C and one
atmosphere pressure.
3 Other equivalent methods approved by the Department may be used.
The basis in setting up the ambient air quality guideline values and standards shall
reflect, among others, the latest scientific knowledge including information on:
a) Variable factors, including atmospheric conditions, which of themselves or in
combination with other factors may alter the effects on public health or welfare of such
air pollutant;
b) The other types of air pollutants which may interact with such pollutant to produce an
adverse effect on public health or welfare; and
c) The kind and extent of all identifiable effects on public health or welfare which may be
expected from the presence of such pollutant in the ambient air, in varying quantities.
The Department shall base such ambient air quality standards on World Health
Organization (WHO) standards, but shall not be limited to nor be less stringent than such
standards.
Section 13. Emission Charge System. - The Department, in case of industrial
dischargers, and the Department of Transportation and Communications (DOTC), in case of
motor vehicle dischargers, shall, based on environmental techniques, design, impose on and
collect regular emission fees from said dischargers as part of the emission permitting system
or vehicle registration renewal system, as the case may be. The system shall encourage the
industries, and motor vehicles to abate, reduce, or prevent pollution. The basis of the fees
include, but is not limited to, the volume and toxicity of any emitted pollutant. Industries,
which shall install pollution control devices or retrofit their existing facilities with mechanisms
that reduce pollution shall be entitled to tax incentives such as but not limited to tax credits
and/or accelerated depreciation deductions.
Section 14. Air Quality Management Fund. - An Air Quality Management
Fund to be administered by the Department as a special account in the National Treasury is
hereby established to finance containment, removal, and clean-up operations of the
Government in air pollution cases, guarantee restoration of ecosystems and rehabilitate
areas affected by the acts of violators of this Act, to support research, enforcement and
monitoring activities and capabilities of the relevant agencies, as well as to provide technical
assistance to the relevant agencies. Such fund may likewise be allocated per airshed for the
undertakings herein stated.
The Fund shall be sourced from the fines imposed and damages awarded to the
Republic of the Philippines by the Pollution Adjudication Board (PAB), proceeds of licenses
and permits issued by the Department under this Act, emission fees and from donations,
endowments and grants in the forms of contributions. Contributions to the Fund shall be
exempted from donor taxes and all other taxes, charges or fees imposed by the
Government.
PRIME - M4 Page 12 of 29
Section 15. Air Pollution Research and Development Program. - The
Department, in coordination with the Department of Science and Technology (DOST), other
agencies, the private sector, the academe, NGOs and POs, shall establish a National
Research and Development Program for the prevention and control of air pollution. The
Department shall give special emphasis to research on and the development of improved
methods having industry-wide application for the prevention and control of air pollution.
Such a research and development program shall develop air quality guideline values
and standards in addition to internationally-accepted standards. It shall also consider the
socio-cultural, political and economic implications of air quality management and pollution
control.
Article 2
Air Pollution Clearances And Permits For
Stationary Sources
Section 16. Permits. - Consistent with the provisions of this Act, the
Department shall have the authority to issue permits as it may determine necessary for the
prevention and abatement of air pollution.
Said permits shall cover emission limitations for the regulated air pollutants to help
attain and maintain the ambient air quality standards. These permits shall serve as
management tools for the LGUs in the development of their action plan.
Section 17. Emission Quotas. - The Department may allow each regional
industrial center that is designated as special airshed to allocate emission quotas to pollution
sources within its jurisdiction that qualify under an environmental impact assessment system
programmatic compliance program pursuant to the implementing rules and regulations of
Presidential Decree No. 1586.
Section 18. Financial Liability for Environmental Rehabilitation. - As part of
the environmental management plan attached to the environmental compliance certificate
pursuant to Presidential Decree No. 1586 and rules and regulations set therefor, the
Department shall require program and project proponents to put up financial guarantee
mechanisms to finance the needs for emergency response, clean-up or rehabilitation of
areas that may be damaged during the program or project's actual implementation. Liability
for damages shall continue even after the termination of a program or project, where such
damages are clearly attributable to that program or project and for a definite period to be
determined by the Department and incorporated into the environmental compliance
certificate.
Financial liability instruments may be in the form of a trust fund, environmental
insurance, surety bonds, letters of credit, as well as self-insurance. The choice of the
guarantee instrument or combinations thereof shall depend, among others, on the
assessment of the risks involved. Proponents required to put up guarantee instruments shall
furnish the Department with evidence of availment of such instruments.
Article 3
Pollution From Stationary Sources
Section 19. Pollution From Stationary Sources. - The Department shall,
within two (2) years from the effectivity of this Act, and every two (2) years thereafter, review,
or as the need therefor arises, revise and publish emission standards, to further improve the
PRIME - M4 Page 13 of 29
emission standards for stationary sources of air pollution. Such emission standards shall be
based on mass rate of emission for all stationary sources of air pollution based on
internationally-accepted standards, but not be limited to, nor be less stringent than such
standards and with the standards set forth in this section. The standards, whichever is
applicable, shall be the limit on the acceptable level of pollutants emitted from a stationary
source for the protection of the public's health and welfare.
With respect to any trade, industry, process and fuel-burning equipment or industrial
plant emitting air pollutants, the concentration at the point of emission shall not exceed the
following limits:
Pollutants Standard
Applicable to
Source
Maximum
Permissible Limits
(mg/NCM)
Methods of
Analysis a
1. Antimony and its
compounds
Any source 10 as Sb AAS b
2. Arsenic and its
compounds
Any source 10 as As AAS b
3. Cadmium and
its compound
Any source 10 as Cd AAS b
4. Carbon
Monoxide
Any industrial
source
500 as CO Orsat Analysis
5. Copper and its
compounds
Any industrial
source
100 as Cu AAS b
6. Hydrofluoric
Acid and
Fluoride
compounds
Any source other
than the
manufacture of
Aluminum from
Alumina
50 as HF Titration with
Ammonium
Thiocyanate
7. Hydrogen
Sulfide
i) Geothermal
power plants
ii) Geothermal
exploration and
well-testing
iii) Any source other
than (i) and (ii)
c,d
e
7 as H2S
Cadmium Sulfide
Method
Cadmium Sulfide
Method
8. Lead Any trade, industry
or process
10 as Pb AAS b
9. Mercury Any source 5 as elemental Hg AAS b/Cold-Vapor
Technique or Hg
Analyzer
10. Nickel and its
compounds,
except Nickel
Any source 20 as Ni AAS b
PRIME - M4 Page 14 of 29
11. Carbonyl f
12. NOx i) Manufacture of
Nitric Acid
ii) Fuel burning
steam
generators
Existing Source
New Source
Coal-fired
Oil-fired
iii) Any source
other than (i)
and (ii)
Existing Source
New Source
2,000 as acid and
NOx and calculated
as NO2
1,500 as NO2
1,000 as NO2
500 as NO2
1,000 as NO2
500 as NO2
Phenol-disulfonic
acid Method
Phenol-disulfonic
acid Method
Phenol-disulfonic
acid Method
13. Phosphorus
Pentoxide g
Any source 200 as P2O5 Spectrophotometry
14. Zinc and its
compounds
Any source 100 as Zn AASb
a Other equivalent methods approved by the Department may be used.
b Atomic Absorption Spectrophotometry
c All new geothermal power plants starting construction by 01 January 1995 shall control
H2S emissions to not more than 150 g/GMW-Hr.
d All existing geothermal power plants shall control H2S emissions to not more than 200
g/GMW-Hr within 5 years from the date of effectivity of these revised regulations.
e Best practicable control technology for air emissions and liquid discharges. Compliance
with air and water quality standards is required.
f Emission limit of Nickel Carbonyl shall not exceed 0.5 mg/NCM.
g Provisional Guideline
Provided, That the maximum limits in mg/NCM particulates in said sources shall be:
1. Fuel Burning Equipment
a) Urban or Industrial Area 150 mg/NCM
b) Other Area 200 mg/NCM
2. Cement Plants (Kilns, etc.) 150 mg/NCM
3. Smelting Furnaces 150 mg/NCM
4. Other Stationary Sources a 200 mg/NCM
a Other Stationary Sources means a trade, process, industrial plant, or fuel burning
equipment other than thermal power plants, industrial boilers, cement plants,
incinerators and smelting furnaces
PRIME - M4 Page 15 of 29
Provided, further, That the maximum limits for sulfur oxides in said sources shall be:
(1) Existing Sources
(i) Manufacture of Sulfuric Acid and Sulf(on)ation Process 2.0 gm/NCM as SO3
(ii) Fuel Burning Equipment 1.5 gm/NCM as SO2
(iii) Other Stationary Sources a 1.0 gm/NCM as SO3
(2) New Sources
(i) Manufacture of Sulfuric Acid and Sulf(on)ation Process 1.5 gm/NCM as SO3
(ii) Fuel Burning Equipment 0.7 gm/NCM as SO2
(iii) Other Stationary Sources a 0.2 gm/NCM as SO3
a Other Stationary Sources refer to existing and new stationary sources other than those
caused by the manufacture of sulfuric acid and sulfonation process, fuel burning
equipment and incineration.
For stationary sources of pollution not specifically included in the immediately
preceding paragraph, the following emission standards shall not be exceeded in the exhaust
gas:
I. Daily And Half Hourly Average Values
Daily Average Half Hourly
Values Average Values
Total dust 10 mg/m3 30 mg/m3
Gaseous and vaporous organic substances,
expressed as total organic carbon 10 mg/m3 20mg/m3
Hydrogen chloride (HCl) 10 mg/m3 60mg/m3
Hydrogen fluoride (HF) 1 mg/m3 4 mg/m3
Sulphur dioxide (SO2) 50 mg/m3 200 mg/m3
Nitrogen monoxide (NO) and nitrogen 200 mg/m3 400 mg/m3
dioxide (NO2), expressed as nitrogen
dioxide for incineration plants with a
capacity exceeding 3 tonnes per hour
Nitrogen monoxide (NO) and nitrogen 300 mg/m3
dioxide (NO2), expressed as nitrogen
dioxide for incineration plants with a
capacity of 3 tonnes per hour or less
Ammonia 10 mg/m3 20 mg/m3
PRIME - M4 Page 16 of 29
II. All Average Values over the Sample Period of a Minimum of 4 and Maximum of
8 Hours
Cadmium and its compounds, expressed as cadmium (Cd)
Thallium and its compounds, expressed as thallium (Tl)
Total 0.05
mg/m3
Mercury and its compounds, expressed as mercury (Hg) 0.05 mg/m3
Antimony and its compounds, expressed as antimony (Sb)
Arsenic and its compounds, expressed as arsenic (As)
Lead and its compounds, expressed as lead (Pb)
Chromium and its compounds, expressed as chromium (Cr)
Cobalt and its compounds, expressed as cobalt (Co)
Copper and its compounds, expressed as copper (Cu)
Manganese and its compounds, expressed as manganese
(Mn)
Nickel and its compounds, expressed as nickel (Ni)
Vanadium and its compounds, expressed as vanadium (V)
Tin and its compounds, expressed as tin (Sn)
Total 0.5
mg/m3
These average values cover also gaseous and the vapor forms of the relevant heavy
metal emissions as well as their compounds: Provided, That the emission of dioxins and
furans into the air shall be reduced by the most progressive techniques: Provided, further,
That all average values of dioxin and furans measured over the sample period of a minimum
of 6 hours and a maximum of 8 hours must not exceed the limit value of 0.1 nanogram/m3.
Pursuant to Section 8 of this Act, the Department shall prepare a detailed action plan
setting the emission standards or standards of performance for any stationary source, the
procedure for testing emissions for each type of pollutant, and the procedure for
enforcement of said standards.
Existing industries, which are proven to exceed emission rates established by the
Department, in consultation with stakeholders, after a thorough, credible and transparent
measurement process shall be allowed a grace period of eighteen (18) months for the
establishment of an environmental management system and the installation of an
appropriate air pollution control device: Provided, That an extension of not more than twelve
(12) months may be allowed by the Department on meritorious grounds.
Section 20. Ban on Incineration. - Incineration, hereby defined as the burning
of municipal, bio-medical and hazardous wastes, which process emits poisonous and toxic
fumes, is hereby prohibited: Provided, however, That the prohibition shall not apply to
traditional small-scale method of community/neighborhood sanitation "siga", traditional,
agricultural, cultural, health, and food preparation and crematoria: Provided, further, That
PRIME - M4 Page 17 of 29
existing incinerators dealing with bio-medical wastes shall be phased out within three (3)
years after the effectivity of this Act: Provided, finally, That in the interim, such units shall be
limited to the burning of pathological and infectious wastes, and subject to close monitoring
by the Department.
Local government units are hereby mandated to promote, encourage and implement
in their respective jurisdiction a comprehensive ecological waste management that includes
waste segregation, recycling and composting.
With due concern on the effects of climate change, the Department shall promote the
use of state-of-the-art, environmentally-sound and safe non-burn technologies for the
handling, treatment, thermal destruction, utilization, and disposal of sorted, unrecycled,
uncomposted municipal, bio-medical and hazardous wastes.
Article 4
Pollution From Motor Vehicles
Section 21. Pollution from Motor Vehicles. - a) The DOTC shall implement
the emission standards for motor vehicles set pursuant to and as provided in this Act. To
further improve the emission standards, the Department shall review, revise and publish the
standards every two (2) years, or as the need arises. It shall consider the maximum limits
for all major pollutants to ensure substantial improvement in air quality for the health, safety
and welfare of the general public.
The following emission standards for type approval of motor vehicles shall be
effective by the year 2003:
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)
CO
(g/km)
HC + NOx
(g/km)
PMa
(g/km)
2.72 0.97 0.14
a for compression-ignition engines only
b) For light commercial vehicles, the exhaust emission limit of gaseous
pollutants as a function of the given reference mass shall be:
Emission Limits for Light Commercial Vehicles
Type Approval
(Directive 93/59/EEC)
Reference Weight
(RW)
(kg)
CO
(g/km)
HC + NOX
(g/km)
PMa
(g/km)
Category 1 1250 < RW 2.72 0.97 0.14
Category 2 1250 < RW <1700 5.17 1.4 0.19
Category 3 RW > 1700 6.9 1.7 0.25
a for compression-ignition engines only
c) For heavy duty vehicles, the exhaust emission limits of gaseous pollutants
shall be:
PRIME - M4 Page 18 of 29
Emission Limits for Heavy Duty Vehicles
Type Approval
(Directive 91/542/EEC)
CO
(g/kWh)
HC
(g/kWh)
NOx
(g/kWh)
PM
(g/kWh)
4.5 1.1 8.0 0.36a
a In the case of engines of 85kW or less, the limit value for particular emissions is increased
by multiplying the quoted limit by a coefficient of 1.7
Fuel evaporative emission for spark-ignition engines shall not exceed 2.0 grams
hydrocarbons per test. Likewise, it shall not allow any emission of gases from crankcase
ventilation system into the atmosphere.
b) 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:
(1) Inspect and monitor the emissions of motor vehicles;
(2) Prohibit or enjoin the use of motor vehicles or a class of motor vehicles in any
area or street at specified times; and
(3) Authorize private emission testing centers duly accredited by the DTI.
c) The DOTC, together with the DTI and the Department, shall establish the
procedures for the inspection of motor vehicles and the testing of their emissions
for the purpose of determining the concentration and/or rate of emission of
pollutants discharged by said sources.
d) In order to ensure the substantial reduction of emissions from motor vehicles, the
Department of Trade and Industry (DTI), together with the DOTC and the
Department, shall formulate and implement national motor vehicle inspection and
maintenance program that will promote efficient and safe operation of all motor
vehicles. In this regard, the DTI shall develop and implement standards and
procedures for the certification of training institutions, instructors and facilities and
the licensing of qualified private service centers and their technicians as
prerequisite for performing the testing, servicing, repair and the required
adjustment to the vehicle emission system. The DTI shall likewise prescribe
regulations requiring the disclosure of odometer readings and the use of tamperresistant
odometers for all motor vehicles including tamper-resistant fuel
management systems for the effective implementation of the inspection and
maintenance program.
Section 22. Regulation of All Motor Vehicles and Engines. - Any imported
new or locally-assembled new motor vehicle shall not be registered unless it complies with
the emission standards set pursuant to this Act, as evidenced by a Certificate of Conformity
(COC) issued by the Department.
Any imported new motor vehicle engine shall not be introduced into commerce, sold
or used unless it complies with emission standards set pursuant to this Act.
PRIME - M4 Page 19 of 29
Any imported used motor vehicle or rebuilt motor vehicle using new or used engines,
major parts or components shall not be registered unless it complies with the emission
standards set pursuant to this Act.
In case of non-compliance, the importer or consignee may be allowed to modify or
rebuild the vehicle or engine so that it will be in compliance with applicable emission
standards.
No motor vehicle registration (MVR) shall be issued unless such motor vehicle
passes the emission testing requirement promulgated in accordance with this Act. Such
testing shall be conducted by the DOTC or its authorized inspection centers within sixty (60)
days prior to date of registration.
The DTI shall promulgate the necessary regulations prescribing the useful life of
vehicles and engines including devices in order to ensure that such vehicles will conform to
the emissions which they were certified to meet. These regulations shall include provisions
for ensuring the durability of emission devices.
Section 23. Second-Hand Motor Vehicle Engines. - Any imported secondhand
motor vehicle engine shall not be introduced into commerce, sold or used unless it
complies with emission standards set pursuant to this Act.
Article 5
Pollution From Other Sources
Section 24. Pollution from Smoking. - Smoking inside a public building or an
enclosed public place including public vehicles and other means of transport or in any
enclosed area outside of one's private residence, private place of work or any duly
designated smoking area is hereby prohibited under this Act. This provision shall be
implemented by the LGUs.
Section 25. Pollution from Other Mobile Sources: - The Department, in
coordination with appropriate agencies, shall formulate and establish the necessary
standards for all mobile sources other than those referred to in Section 21 of this Act. The
imposition of the appropriate fines and penalties from these sources for any violation of
emission standards shall be under the jurisdiction of the DOTC.
PRIME - M4 Page 20 of 29
Chapter 3
Fuels, Additives, Substances And Pollutants
Article 1
Fuels, Additives And Substances
Section 26. Fuels and Additives. - Pursuant to the Air Quality Framework to
be established under Section 7 of this Act, this Department of Energy (DOE), co-chaired by
the Department of Environment and Natural Resources (DENR), in consultation with the
Bureau of Product Standards (BPS) of the DTI, the DOST, the representatives of the fuel
and automotive industries, academe and the consumers shall set specifications for all types
of fuel and fuel-related products, to improve fuel composition for increased efficiency and
reduced emissions: Provided, however, That the specifications for all types of fuel and fuelrelated
products set-forth pursuant to this section shall be adopted by the BPS as Philippine
National Standards (PNS).
The DOE, shall also specify the allowable content of additives in all types of fuels and
fuel-related products. Such standards shall be based primarily on threshold levels of health
and research studies. On the basis of such specifications, the DOE shall likewise limit the
content or begin the phase-out of additives in all types of fuels and fuel-related products as it
may deem necessary. Other agencies involved in the performance of this function shall be
required to coordinate with the DOE and transfer all documents and information necessary
for the implementation of this provision.
Consistent with the provisions of the preceding paragraphs under this section, it is
declared that:
a) not later than eighteen (18) months after the effectivity of this Act, no person
shall manufacture, import, sell, supply, offer for sale, dispense, transport or
introduce into commerce unleaded premium gasoline fuel which has an antiknock
index (AKI) of not less than 87.5 and Reid vapor pressure of not more
than 9 psi. Within six (6) months after the effectivity of this Act, unleaded
gasoline fuel shall contain aromatics not to exceed forty-five percent (45%) by
volume and benzene not to exceed four percent (4%) by volume: Provided,
That by year 2003, unleaded gasoline fuel should contain aromatics not to
exceed thirty-five percent (35%) by volume and benzene not to exceed two
percent (2%) by volume;
b) not later than eighteen (18) months after the effectivity of this Act, no person
shall manufacture, import, sell, supply, offer for sale, dispense, transport or
introduce into commerce automotive diesel fuel which contains a
concentration of sulfur in excess of 0.20% by weight with a cetane number or
index of not less than forty-eight (48): Provided, That by year 2004, content
of said sulfur shall be 0.05% by weight, and
c) not later than eighteen (18) months after the effectivity of this Act, no person
shall manufacture, import, sell, supply, offer for sale, dispense, transport or
introduce into commerce industrial diesel fuel which contains a concentration
of sulfur in excess of 0.30% (by weight).
Every two (2) years thereafter or as the need arises, the specifications of unleaded
gasoline and of automotive and industrial diesel fuels shall be reviewed and revised for
further improvement in formulation and in accordance with the provisions of this Act.
PRIME - M4 Page 21 of 29
The fuels characterized above shall be commercially available. Likewise, the same
shall be the reference fuels for emission and testing procedures to be established in
accordance with the provisions of this Act.
Any proposed additive shall not in any way increase emissions of any of the
regulated gases which shall include, but not limited to carbon monoxide, hydrocarbons, and
oxides of nitrogen and particulate matter, in order to be approved and certified by the
Department.
Section 27. Regulation of Fuels and Fuel Additives. - The DOE, in
coordination with the Department and the BPS, shall regulate the use of any fuel or fuel
additive. No manufacturer, processor or trader of any fuel or additive may import, sell, offer
for sale, or introduce into commerce such fuel or additive unless the same has been
registered with the DOE. Prior to registration, the manufacturer, processor or trader shall
provide the DOE with the following relevant information:
a) Product identity and composition to determine the potential health effects of
such fuels and additives;
b) Description of the analytical technique that can be used to detect and
measure the additive in any fuel;
c) Recommended range of concentration; and
d) Purpose in the use of the fuel and additive.
Section 28. Misfuelling. - In order to prevent the disabling of any emission
control device by lead contamination, no person shall introduce or cause or allow the
introduction of leaded gasoline into any motor vehicle equipped with a gasoline tank filler
inlet and labeled "unleaded gasoline only". This prohibition shall also apply to any person
who knows or should know that such vehicle is designed solely for the use of unleaded
gasoline.
Section 29. Prohibition on Manufacture, Import and Sale of Leaded Gasoline
and of Engines and/or Components Requiring Leaded Gasoline. - Effective not
later than eighteen (18) months after the enactment of this Act, no person shall
manufacture, import, sell, offer for sale, introduce into commerce, convey or otherwise
dispose of, in any manner leaded gasoline and engines and components requiring the use of
leaded gasoline.
For existing vehicles, the DTI shall formulate standards and procedures that will allow
non-conforming engines to comply with the use of unleaded fuel within five (5) years after
the effectivity of this Act.
Article 2
Other Pollutants
Section 30. Ozone-Depleting Substances. - Consistent with the terms and
conditions of the Montreal Protocol on Substances that Deplete the Ozone Layer and other
international agreements and protocols to which the Philippine is a signatory, the
Department shall phase out ozone-depleting substances.
PRIME - M4 Page 22 of 29
Within sixty (60) days after the enactment of this Act, the Department shall publish a
list of substances which are known to cause harmful effects on the stratospheric ozone
layer.
Section 31. Greenhouse Gases. - The Philippine Atmospheric, Geophysical
and Astronomical Service Administration (PAGASA) shall regularly monitor meteorological
factors affecting environmental conditions including ozone depletion and greenhouse gases
and coordinate with the Department in order to effectively guide air pollution monitoring and
standard-setting activities.
The Department, together with concerned agencies and local government units, shall
prepare and fully implement a national plan consistent with the United Nations Framework
Convention on Climate Change and other international agreements, conventions and
protocols on the reduction of greenhouse gas emissions in the country.
Section 32. Persistent Organic Pollutants. - The Department shall, within a
period of two (2) years after the enactment of this Act, establish an inventory list of all
sources of Persistent Organic Pollutants (POPs) in the country. The Department shall
develop short-term and long-term national government programs on the reduction and
elimination of POPs such as dioxins and furans. Such programs shall be formulated within a
year after the establishment of the inventory list.
Section 33. Radioactive Emissions. - All projects which will involve the use
of atomic and/or nuclear energy, and will entail release and emission of radioactive
substances into the environment, incident to the establishment or possession of nuclear
energy facilities and radioactive materials, handling, transport, production, storage, and use
of radioactive materials, shall be regulated in the interest of public health and welfare by the
Philippine Nuclear Research Institute (PNRI), in coordination with the Department and other
appropriate government agencies.
Chapter 4
Institutional Mechanism
Section 34. Lead Agency. - The Department, unless otherwise provided
herein, shall be the primary government agency responsible for the implementation and
enforcement of this Act. To be more effective in this regard, the Department's
Environmental Management Bureau (EMB) shall be converted from a staff bureau to a line
bureau for a period of no more than two (2) years, unless a separate, comprehensive
environmental management agency is created.
Section 35. Linkage Mechanism. - The Department shall consult, participate,
cooperate and enter into agreement with other government agencies, or with affected nongovernmental
organizations (NGOs) or people's organizations (POs), or private enterprises
in the furtherance of the objectives of this Act.
Section 36. Role of Local Government Units. - Local government units
(LGUs) shall share the responsibility in the management and maintenance of air quality
within their territorial jurisdiction. Consistent with Sections 7, 8 and 9 of this Act, LGUs shall
implement air quality standards set by the Board in areas within their jurisdiction; Provided,
however, That in case where the Board has not been duly constituted and has not
promulgated its standards, the standards set forth in this Act shall apply.
The Department shall provide the LGUs with technical assistance, trainings and a
continuing capability-building program to prepare them to undertake full administration of the
air quality management and regulation within their territorial jurisdiction.
PRIME - M4 Page 23 of 29
Section 37. Environment and Natural Resources Office. - There may be
established an Environment and Natural Resources Office in every province, city, or
municipality which shall be headed by the environment and natural resources officer and
shall be appointed by the Chief Executive of every province, city or municipality in
accordance with the provisions of Section 484 of Republic Act No. 7160. Its powers and
duties, among others, are:
a) To prepare comprehensive air quality management programs, plans and
strategies within the limits set forth in Republic Act No. 7160 and this Act
which shall be implemented within its territorial jurisdiction upon the approval
of the sanggunian;
b) To provide technical assistance and support to the governor or mayor, as the
case may be, in carrying out measures to ensure the delivery of basic
services and the provision of adequate facilities relative to air quality;
c) To take the lead in all efforts concerning air quality protection and
rehabilitation;
d) To recommend to the Board air quality standards which shall not exceed the
maximum permissible standards set by national laws;
e) To coordinate with other government agencies and non-governmental
organizations in the implementation of measures to prevent and control air
pollution; and
f) Exercise such other powers and perform such duties and functions as may be
prescribed by law or ordinance; Provided, however, That in
provinces/cities/municipalities where there are no environment and natural
resources officers, the local executive concerned may designate any of his
official and/or chief of office preferably the provincial, city or municipal
agriculturist, or any of his employee; Provided, finally, That in case an
employee is designated as such, he must have a sufficient experience in
environmental and natural resources management, conservation and
utilization.
Section 38. Record-keeping, Inspection, Monitoring and Entry by the
Department. - The Department or its duly accredited entity shall, after proper
consultation and notice, require any person who owns or operates any emission source or
who is subject to any requirement of this Act to: (a) establish and maintain relevant records;
(b) make relevant reports; (c) install, use and maintain monitoring equipment or methods;
(d) sample emission, in accordance with the methods, locations, intervals, and manner
prescribed by the Department; (e) keep records on control equipment parameters,
production variables or other indirect data when direct monitoring of emissions is impractical;
and (f) provide such other information as the Department may reasonably require.
Pursuant to this Act, the Department, through its authorized representatives, shall
have the right of: a) entry or access to any premises including documents and relevant
materials as referred to in the herein preceding paragraphs; b) inspect any pollution or
waste source, control device, monitoring equipment or method required; and c) test any
emission.
Any record, report or information obtained under this section shall be made available
to the public, except upon a satisfactory showing to the Department by the entity concerned
that the record, report, or information, or parts thereof, if made public, would divulge secret
PRIME - M4 Page 24 of 29
methods or processes entitled to protection as intellectual property. Such record, report or
information shall likewise be incorporated in the Department's industrial rating system.
Section 39. Public Education and Information Campaign. - A continuing
air quality information and education campaign shall be promoted by the Department, the
Department of Education, Culture and Sports (DECS), the Department of the Interior and
Local Government (DILG), the Department of Agriculture (DA) and the Philippine Information
Agency (PIA). Consistent with Section 7 of this Act, such campaign shall encourage the
participation of other government agencies and the private sector including NGOs, POs, the
academe, environmental groups and other private entities in a multi-sectoral information
campaign.
Chapter 5
Actions
Section 40. Administrative Action. - Without prejudice to the right of any
affected person to file an administrative action, the Department shall, on its own instance or
upon verified complaint by any person, institute administrative proceedings against any
person who violates:
a) Standards or limitation provided under this Act; or
b) Any order, rule or regulation issued by the Department with respect to such
standard or limitation.
Section 41. Citizen Suits. - For purposes of enforcing the provisions of this
Act or its implementing rules and regulations, any citizen may file an appropriate civil,
criminal or administrative action in the proper courts against:
a) Any person who violates or fails to comply with the provisions of this Act or its
implementing rules and regulations; or
b) The Department or other implementing agencies with respect to orders, rules
and regulations issued inconsistent with this Act, and/or
c) Any public officer who willfully or grossly neglects the performance of an act
specifically enjoined as a duty by this Act or its implementing rules and
regulations; or abuses his authority in the performance of his duty; or, in any
manner, improperly performs his duties under this Act or its implementing
rules and regulations: Provided, however, That no suit can be filed until after
thirty-day (30) notice has been given to the public officer and the alleged
violator concerned and no appropriate action has been taken thereon.
The court shall exempt such action from the payment of filing fees, except fees for
actions not capable of pecuniary estimations, and shall, likewise, upon prima facie showing
of the non-enforcement or violation complained of, exempt the plaintiff from the filing of an
injunction bond for the issuance of a preliminary injunction.
Within thirty (30) days, the court shall make a determination if the complaint herein is
malicious and/or baseless and shall accordingly dismiss the action and award attorney's
fees and damages.
PRIME - M4 Page 25 of 29
Section 42. Independence of Action. - The filing of an administrative suit
against such person/entity does not preclude the right of any other person to file any criminal
or civil action. Such civil action shall proceed independently.
Section 43. Suits and Strategic Legal Actions Against Public Participation
and the Enforcement of this Act. - Where a suit is brought against a person who filed
an action as provided in Section 41 of this Act, or against any person, institution or
government agency that implements this Act, it shall be the duty of the investigating
prosecutor or the court, as the case may be, to immediately make a determination not
exceeding thirty (30) days whether said legal action has been filed to harass, vex, exert
undue pressure or stifle such legal recourses of the person complaining of or enforcing the
provisions of this Act. Upon determination thereof, evidence warranting the same, the court
shall dismiss the case and award attorney's fees and double damages.
This provision shall also apply and benefit public officers who are sued for acts
committed in their official capacity, there being no grave abuse of authority, and done in the
course of enforcing this Act.
Section 44. Lien Upon Personal and Immovable Properties of Violators. -
Fines and penalties imposed pursuant to this Act shall be liens upon personal and
immovable properties of the violator. Such lien shall, in case of insolvency of the
respondent violator, enjoy preference subsequent to laborer's wages under Articles 2241
and 2242 of Republic Act No. 386, otherwise known as the New Civil Code of the
Philippines.
Chapter 6
Fines And Penalties
Section 45. Violation of Standards for Stationary Sources. - 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 (Php100,000.00) for every day of
violation against the owner or operator of a stationary source until such time that the
standards have been complied with.
For purposes of the application of the fines, the PAB shall prepare a fine rating
system to adjust the maximum fine based on the violator's ability to pay, degree of
willfulness, degree of negligence, history of noncompliance and degree of recalcitrance:
Provided, That in case of negligence, the first time offender's ability to pay may likewise be
considered by the Pollution Adjudication Board: Provided, further, That in the absence of
any extenuating or aggravating circumstances, the amount of fine for negligence shall be
equivalent to one-half of the fine for willful violation.
The fines herein prescribed shall be increased by at least ten percent (10%) every
three (3) years to compensate for inflation and to maintain the deterrent function of such
fines.
In addition to the fines, the PAB shall order the closure, suspension of development,
construction, or operations of the stationary sources until such time that proper
environmental safeguards are put in place: Provided, That an establishment found liable for
a third offense shall suffer permanent closure immediately. This paragraph shall be without
prejudice to the immediate issuance of an ex parte order for such closure, suspension of
development or construction, or cessation of operations during the pendency of the case
upon prima facie evidence that there is imminent threat to life, public health, safety or
PRIME - M4 Page 26 of 29
general welfare, or to plant or animal life, or whenever there is an exceedance of the
emission standards set by the Department and/or the Board and/or the appropriate LGU.
Section 46. Violation of Standards for Motor Vehicles. - No motor vehicle
shall be registered with the DOTC unless it meets the emission standards set by the
Department as provided in Section 21 hereof.
Any vehicle suspected of violation of emission standards through visual signs, such
as, but not limited to smoke-belching, shall be subjected to an emission test by a duly
authorized testing center for this purpose, the DOTC or its authorized testing center shall
establish a roadside inspection system. Should it be shown that there was no violation of
emission standards, the vehicle shall be immediately released. Otherwise, a testing result
indicating an exceedance of the emission standards would warrant the continuing custody
of the impounded vehicle unless the appropriate penalties are fully paid, and the license
plate is surrendered to the DOTC pending the fulfillment of the undertaking by the
owner/operator of the motor vehicle to make the necessary repairs so as to comply with the
standards. A pass shall herein be issued by the DOTC to authorize the use of the motor
vehicle within a specified period that shall not exceed seven (7) days for the sole purpose of
making the necessary repairs on the said vehicle. The owner/operator of the vehicle shall
be required to correct its defects and show proof of compliance to the appropriate pollution
control office before the vehicle can be allowed to be driven on any public or subdivision
roads.
In addition, the driver and operator of the apprehended vehicle shall undergo a
seminar on pollution control and management conducted by the DOTC and shall also suffer
the following penalties:
a) First offense - a fine not to exceed Two thousand pesos (Php2,000.00);
b) Second offense - a fine not less than Two thousand pesos (Php2,000.0)
and not to exceed Four thousand pesos (Php4,000.00); and
c) Third offense - one (1) year suspension of the Motor Vehicle Registration
(MVR) and a fine of not less than Four thousand pesos (Php4,000.00) and
not more than Six thousand pesos (Php6,000.00).
Any violation of the provisions of Section 21 paragraph (d) with regard to national
inspection and maintenance program, including technicians and facility compliance shall be
penalized with a fine of not less than Thirty thousand pesos (Php30,000.00) or cancellation
of license of both the technician and the center, or both, as determined by the DTI.
All law enforcement officials and deputized agents accredited to conduct vehicle
emissions testing and apprehensions shall undergo a mandatory training on emission
standards and regulations. For this purpose, the Department, together with the DOTC, DTI,
DOST, Philippine National Police (PNP) and other concerned agencies and private entities
shall design a training program.
Section 47. Fines and Penalties for Violations of Other Provisions in the Act.
- 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 (Php10,000.00) but not more than One
hundred thousand pesos (Php100,000.00) 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.
PRIME - M4 Page 27 of 29
Section 48. Gross Violations. - In case of gross violation of this Act or its
implementing rules and regulations, the PAB shall recommend to the proper government
agencies to file the appropriate criminal charges against the violators. The PAB shall assist
the public prosecutor in the litigation of the case. Gross violation shall mean (a) three (3) or
more specific offenses within a period of (1) year, (b) three (3) or more specific offenses
within three (3) consecutive years; (c) blatant disregard of the orders of the PAB, such as
but not limited to the breaking of seal, padlocks and other similar devices, or operating
despite the existence of an order for closure, discontinuance or cessation of operation; and
(d) irreparable or grave damage to the environment as a consequence of any violation or
omission of the provisions of this Act.
Offenders shall be punished with imprisonment of not less than six (6) years but not
more than ten (10) years at the discretion of the court. 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.
PRIME - M4 Page 28 of 29
Chapter 7
Final Provisions
Section 49. Potential Loss or Shifts of Employment. - The Secretary of
Labor is hereby authorized to establish a compensation, retraining and relocation program to
assist workers laid off due to a company's compliance with the provisions of this Act.
Section 50. Appropriations. - An amount of Seven hundred fifty million pesos
(Php750,000,000.00) shall be appropriated for the initial implementation of this Act, of which,
the amount of Three hundred million pesos (Php300,000,000.00) shall be appropriated to
the Department; Two hundred million pesos (Php200,000,000.00) to the DTI; One hundred
fifty million pesos (Php150,000,000.00) to the DOTC; and, One hundred million pesos
(Php100,000,000.00) to the DOE.
Thereafter, the amount necessary to effectively carry out the provisions of this Act
shall be included in the General Appropriations Act.
Section 51. Implementing Rules and Regulations. - The Department in
coordination with the Committees on Environment and Ecology of the Senate and House of
Representatives, respectively and other concerned agencies, shall promulgate the
implementing rules and regulations for this Act, within one (1) year after the enactment of
this Act. Provided, That rules and regulations issued by other government agencies and
instrumentalities for the prevention and/or abatement of pollution not inconsistent with this
Act shall supplement the rules and regulations issued by the Department, pursuant to the
provisions of this Act.
The draft of the implementing rules and regulations shall be published and be the
subject of public consultations with affected sectors.
There shall be a mandatory review of the implementing rules and regulations and
standards set pursuant to the provisions of this Act.
Section 52. Report to Congress. - The Department shall report to Congress,
not later than March 30 of every year following the approval of this Act, the progress of the
pollution control efforts and make the necessary recommendations in areas where there is
need for legislative action.
Section 53. Joint Congressional Oversight Committee. - There is hereby
created a joint congressional oversight committee to monitor the implementation of this Act.
The committee shall be composed of five (5) senators and five (5) representatives to be
appointed by the Senate President and the Speaker of the House of Representatives,
respectively. The oversight committee shall be co-chaired by a senator and a representative
designated by the Senate President and the Speaker of the House of Representatives,
respectively.
The mandate given to the joint congressional oversight committee under this Act
shall be without prejudice to the performance of the duties and functions by the respective
existing oversight committees of the Senate and the House of Representatives.
Section 54. Separability of Provisions. - If any provision of this Act or the
application of such provision to any person or circumstances is declared unconstitutional, the
remainder of the Act or the application of such provision to other persons or circumstances
shall not be affected by such declaration.
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Section 55. Repealing Clause. - Presidential Decree No. 1181 is hereby
repealed Presidential Decree Nos. 1152, 1586, Presidential Decree No. 984 are partly
modified. All other laws, orders, issuance, rules and regulations inconsistent herewith are
hereby repealed or modified accordingly.
Section 56. Effectivity. - This Act shall take effect fifteen (15) days from the
date of its publication in the Official Gazette or in at least two (2) newspapers of general
circulation.
Approved,
(Sgd) MANUEL B. VILLAR, JR. (Sgd) MARCELO B. FERNAN
Speaker of the House President of the Senate
of Representatives
This Act, which is a consolidation of Senate Bill No. 1255 and House Bill No. 6216
was finally passed by the Senate and the House of Representatives on May 13, 1999 and
May 10, 1999, respectively.
(Sgd) ROBERTO P. NAZARENO (Sgd) HEZEL P. GACUTAN
Secretary General Secretary of the Senate
House of Representatives
Approved: 23 June 1999
(Sgd) JOSEPH EJERCITO ESTRADA
President of the Philippines