Republic Act No.

9512
Environmental Awareness and Education Act of 2008

REPUBLIC ACT No. 9512 December 12, 2008

AN ACT TO PROMOTE ENVIRONMENTAL AWARENESS THROUGH ENVIRONMENTAL

EDUCATION 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 "National Environmental Awareness and
Education Act of 2008".

Section 2. Declaration of Policy. - Consistent with the policy of the State to protect and advance the
right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature,
and in recognition of the vital role of the youth in nation building and the role of education to foster
patriotism and nationalism, accelerate social progress, and promote total human liberation and
development, the state shall promote national awareness on the role of natural resources in economic
growth and the importance of environmental conservation and ecological balance towards sustained
national development.

Section 3. Scope of Environmental Education. - The Department of Education (DepEd), the

Commission on Higher Education (CHED), the Technical Education and Skills Development Authority
(TESDA), the Department of Social Welfare and Development (DSWD), in coordination with the
Department of Environment and Natural Resources (DENR), the Department of Science and
Technology (DOST) and other relevant agencies, shall integrate environmental education in its school
curricula at all levels, whether public or private, including in barangay daycare, preschool, non-formal,
technical vocational, professional level, indigenous learning and out-of-school youth courses or
programs. Environmental education shall encompass environmental concepts and principles,
environmental laws, the state of international and local environment, local environmental best practices,
the threats of environmental degradation and its impact on human well-being, the responsibility of the
citizenry to the environment and the value of conservation, protection and rehabilitation of natural
resources and the environment in the context of sustainable development. It shall cover both theoretical
and practicum modules comprising activities, projects, programs including, but not limited to, tree
planting; waste minimization, segregation, recycling and composting; freshwater and marine
conservation; forest management and conservation; relevant livelihood opportunities and economic
benefits and other such programs and undertakings to aid the implementation of the different
environmental protection law.

Section 4. Environmental Education and Activities as Part of National Service Training

Program. - The CHED and the TESDA shall include environmental education and awareness programs
and activities in the National Service Training Program under Republic Act No. 9163, as part of the Civic
Welfare Training Service component required for all baccalaureate degree courses and vocational
courses with a curriculum of at least two (2) years.

Section 5. Declaration of Environmental Awareness Month. - Pursuant to the policy set forth in this
Act, the month of November of every year shall be known as the "Environmental Awareness Month"
throughout the Philippines.

Section 6. Interagency and Multi-sectoral Effort. - The DepEd, CHED, TESDA, DENR, DOST and
other relevant agencies, in consultation with experts on the environment and the academe, shall lead
in the implementation of public education and awareness programs on environmental protection and
conservation through collaborative interagency and multi-sectoral effort at all levels.
The DENR shall have the primary responsibility of periodically informing all agencies concerned on
current environmental updates, including identifying priority environmental education issues for national
action and providing strategic advice on the environmental education activities. The DepEd, CHED,
TESDA, DENR, DOST, DSWD and barangay units shall ensure that the information is disseminated to
the subject students.

The DOST is mandated to create programs that will ensure that students receive science-based quality
information on environmental issues to encourage the development of environment-friendly solutions,
devices, equipment and facilities.

Section 7. Capacity-Building. - The DepEd, CHED and TESDA, in coordination with the DENR and
other relevant agencies, shall undertake capacity-building programs nationwide such as trainings,
seminars, workshops on environmental education, development and production of environmental
education materials, and teacher-education courses and related livelihood programs.

Section 8. Separability Clause. - If any part, section or provision of this Act shall be held invalid or
unconstitutional, the other provisions shall not be affected thereby.

Section 9. Repealing Clause. - All other acts, laws, executive orders, presidential issuances, rules and
regulations or any part thereof which are inconsistent with this Act are hereby repealed or modified
accordingly.

Section 10. Effectivity. - This Act shall take effect fifteen (15) days after its publication in the Official
Gazette or in at least two (2) newspapers of general circulation.

Republic Act No. 9729

Climate Change Act of 2009
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”.

Section 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.1awphil 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.

Section 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.

Section 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.

Section 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 (l) Secretary of the Department of Trade
Agriculture; and Industry;

(b) Secretary of the Department of Energy; (m) Secretary of the Department of

Transportation and Communications;
(c) Secretary of the Department of
Environment and Natural Resources; (n) Director-General of the National
Economic and Development Authority, in
(d) Secretary of the Department of his capacity as Chair of the Philippine
Education; Council for Sustainable Development;

(e) Secretary of the Department of Foreign (o) Director-General of the National

Affairs; Security Council;

(f) Secretary of the Department of Health; (p) Chairperson of the National

Commission on the Role of Filipino
(g) Secretary of the Department of the Women;
Interior and Local Government;
(q) President of the League of Provinces;
(h) Secretary of the Department of
National Defense, in his capacity as Chair (r) President of the League of Cities;
of the National Disaster Coordinating
Council; (s) President of the League of
Municipalities;
(i) Secretary of the Department of Public
Works and Highways; (t) President of the Liga ng mga Barangay;

(j) Secretary of the Department of Science (u) Representative from the academe;
and Technology;
(v) Representative from the business
(k) Secretary of the Department of Social sector; and
Welfare and Development;
(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.

Section 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.

Section 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 ntegrity. 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.

Section 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.

Section 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.

Section 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.

Section 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.

Section 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; (f) Database development and

management;
(b) Impact, vulnerability and adaptation
assessments; (g) Academic programs, capability building
and mainstreaming;
(c) Policy formulation;
(h) Advocacy and information
(d) Compliance with international dissemination;
commitments;
(i) Monitoring and evaluation; and
(e) Research and development;
(j) Gender mainstreaming.

Section 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.

Section 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.

Section 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.

Section 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.

Section 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.

Section 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.1avvphi1
Section 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.

Section 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.

Section 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.

Section 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.

Section 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.

Section 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.

Section 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.

Section 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.

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.
 Presidential Decree No. 189

AMENDING PART IX OF THE INTEGRATED REORGANIZATION PLAN BY RENAMING THE

DEPARTMENT OF TRADE AND TOURISM AS THE DEPARTMENT OF TOURISM, AND CREATING
THE DEPARTMENT OF TOURISM WITH A PHILIPPINE TOURIST AUTHORITY ATTACHED TO IT
IN LIEU OF PHILIPPINE TOURIST COMMISSION

WHEREAS, there is need to realign government efforts towards trade promotion and tourism
development for greater effectiveness;

WHEREAS, the tourist industry will represent an untapped resource base toward an accelerated socio-
economic development of the Philippines;

WHEREAS, the tourism program is subjected to various administrative and organizational problems;
and

WHEREAS, tourism properly deserves the Government's immediate and priority attention.

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippine, by virtue of the powers
vested in me by the Constitution as Commander-in-Chief of all the Armed Forces of the Philippines,
and pursuant to Proclamation No. 1081 dated September 21, 1972, as amended, and in order to effect
desired changes and reforms in the social, economic, and political structures of our society do hereby
adopt, approve, and make as part of the law of the land the amendment to the provisions of Part IX of
the Integrated Reorganization Plan by renaming the Department of Trade and Tourism as the
Department of Trade and creating the Department of Tourism with a Philippine Tourist Authority
attached to it in lieu of the Philippine Tourist Commission.

Section 1. Declaration of Policy. It is hereby declared to be the policy of the Government to make the
tourist industry a positive instrument towards accelerated national development; through which more
people from other lands may visit and better appreciate the Philippines and through which the Filipinos
themselves may learn more about the natural beauty, history and culture of their country and thus
develop greater pride in and commitment to the nation.

Section 2. Creation of a Department of Tourism. There is hereby created a Department of Tourism,

hereinafter referred to as the Department, which shall be the primary policy, planning, programming,
coordinating and administrative entity of the executive branch of government in the development of the
tourist industry, both domestic and international.

Section 3. Authority and Responsibility. The authority and responsibility for the exercise of the powers
and the discharge of the functions of the Department shall be vested in the Secretary of Tourism,
hereinafter referred to as the Secretary. The Secretary shall be assisted by one Undersecretary.

Section 4. Functions. The Department shall be responsible for the following functions:

a. Supervise all activities of the government which concern tourism;

b. Effect the removal of unnecessary barriers to travel; the integration and simplification of travel
regulations; as well as their efficient, fair and courteous enforcement to assure expeditious and
hospitable reception of all visitors;

c. Formulate an integrated program of promotion and publicity designed to attract and induce
people abroad to visit the Philippines, and patronize things Philippine, and to enhance the
prestige of the Filipino people and the Republic;
 d. Review all tourism which may involve loans from government financial institutions before
said institutions may take action on them, and approve all tourism projects and firms applying
for tax incentives under the Export Incentives Act, as amended by Presidential Decree No. 92,
before the Board of Investments may take action on them;

e. Represent the Government in all such conferences and meetings concerning tourism and
travel and discharge such responsibilities of Government as may arise from treaties,
agreements and other commitments on tourism and travel, to which it is a signatory;

f. License, regulate and supervise travel agents, tour operators, and tour guides;

g. Classify, regulate, supervise and license hotels, resorts, inns, motels, hotels, restaurants and
other related facilities and services which cater to foreign and domestic tourist and in addition,
formulate suitable standards to ensure that the highest possible standards are met, reasonable
fees and charges are made and that services are given with honesty, courtesy, and efficiency;
and

h. Perform such other functions as may be provided by law.

Section 5. The Department shall have an Administrative Service, a Planning Service, and a Financial
and Management Service in conformity with Part II of the Integrated Reorganization Plan.

Section 6. The Department shall have such number of field offices here and abroad as may be
necessary for the effective promotion of the tourist industry.

Section 7. Bureau of Tourist Promotion. There is created a Bureau of Tourist Promotion which shall,
among others, be responsible for organizing and supporting a program of public relations, promotion
and publicity calculated to interest, attract and encourage overseas travelers to visit the Philippines,
including the publication and dissemination of pamphlets, brochures and other literature and publicity
materials and the production and distribution of audio-visual materials, participation in travel fairs and
other sales and promotion arts.

It shall have the following divisions with corresponding duties and responsibilities, among others:

(a) Press and Publication Division

1. Publish, produce and disseminate publicity materials as may have bearing on tourist
attractions in the country, and the history of the Philippines, its progress, its natural
resources and the culture and art of its people;

2. Encourage educational and cultural tours to increase travel within the country as a
means of developing domestic tourism; and

3. Participate in fairs and exhibits to promote local goods and products and provide a
medium for the dissemination of information about the Philippines as a tourist spot.

(b) Research and Statistics Division

1. Compile, analyze and integrate statistical data on Tourist Industry;

2. Develop, forecast and prepare economic reports and review based on conductive
research; and

3. Undertake continuing analysis of economic conditions and trends relating to the

sectoral area concerned.
 (c) Training and Evaluation Division

1. Conduct training courses and apprenticeship programs for tourist guides, hotel and
restaurant personnel and such other personnel who perform functions that have a
bearing upon the tourist industry; and

2. Organize and conduct promotional training seminars.

Section 8. Bureau of Special Services. There is hereby created a Bureau of Special Services which
shall have the following divisions with corresponding duties and responsibilities, among others:

(a) Tourist Reception Division

1. Coordinate with all other agencies concerned, whether government, or private, on

procedures to assure hospitable reception of tourist during their visit to the country,
including the establishment of efficiently-run information centers at strategic locations;
and

2. Maintain a security force, where necessary, to provide security and assistance to

tourists and travelers and to extend investigative services to tourists who may require
such assistance.

(b) Licensing and Inspection Division

1. Prepare and maintain for ready reference a register of all business and
establishments that offer transportation, accommodation or service of any kind to
tourists;

2. Regulate and license the business of travel agencies; tour operators, and tour
guides;

3. Classify, regulate and license hotels, resorts, restaurants, inns, motels, and hostels
in accordance with set standards and guidelines; and

4. Exercise supervision over the operation of all facilities and services that cater to, or
have anything to do with travelers.

Section 9. Creation of Philippine Tourism Authority. To implement the policies and programs of the
Department, there is hereby created a Philippine Tourism Authority, hereinafter referred to as the
Authority, which shall be attached to the Department. The functions of the Authority are hereby declared
to be governmental.

Section 10. Purposes and Specific Powers. The purposes and specific powers of the Authority are as
follows:

a. Implement all policies and programs of the Department on project development;

b. Collect such taxes as may be provided by law;

c. Operate and/or contract to operate such agencies, functional units, offices and departments
of the Authority as it may deem necessary or useful for the furtherance of any of the purposes
of this Decree;

d. Extend assistance whenever necessary, to private enterprise in undertaking tourist projects;

 e. Undertake the development of tourist attraction including the conduct of feasibility studies
and where necessary, recommend agreements for tourist plant and facilities development with
private entities;

f. Provide and maintain essential facilities for tourists and travelers where private enterprise is
not prepared to take care of them; and

g. Adopt, alter and use a corporate seal which shall be judicially noticed; make contracts, lease,
own or otherwise dispose of personal and real property; sue and be sued; and otherwise do
and perform any and all things that may be necessary or proper to carry out the purposes of
the Authority.

Section 11. Capitalization. The capital of the Authority shall consist of (1) existing assets transferred to
it from the Board of Travel and Tourist Industry and the Philippine Tourist and Travel Association as
hereinafter provided and such other properties as may be contributed to the Authority by the
government to form part of its capital and (2) the taxes under Republic Act No. 1478 and Republic Act
No. 6141. All hotel room taxes that will be collected under the provisions of existing laws are likewise
assigned to the Authority to form part of its capital.

Section 12. Power to Issue Bonds or Incur Indebtedness. Whenever the Board may deem it advisable
and necessary for the Authority to contract loans, credits and other indebtedness, or to issue bonds,
notes, debentures, securities, and other instruments of indebtedness for the development and/or
operation of the tourist industry, it shall by resolution so manifest and declare stating the purpose for
which the indebtedness is to be applied and citing the project study devised for the purpose. In order
for such resolution to be valid, it shall be passed by the affirmative vote of at least four members of the
Board and approved by the President of the Philippines upon the recommendation of the Secretary of
Finance, after consultation with the National Economic and Development Authority and the Monetary
Board of the Central Bank.

Section 13. The Authority shall be administered by a General Manager who shall be appointed by the
President from among persons of proven executive competence and experience in the field of tourist
development.

Section 14. Board of Directors. The corporate powers of the Authority shall be vested in and exercised
by a Board of Directors composed of the Secretary of Tourism as Chairman, the General Manager as
Vice Chairman and three part-time members who shall be appointed by the President for their expertise.

Section 15. Tenure of Office. The tenure of office of the members shall be six years: Provided, That in
the first appointments, the term of office of the three members appointed by the President shall be fixed
as follows: one member for six years, one member for four years, and the third member for two years:
Provided, finally, That no vacancy shall be filled except for the unexpired portion of the term.

Section 16. Meetings and Quorum. The Board shall meet regularly once a month and as often as the
exigencies of the service demand. The presence of at least three members shall constitute a quorum,
and the vote of three members shall be necessary for the adoption of any rule, resolution or decision or
any other act of the Board.

Section 17. Compensation of Chairman and Members of the Board. The members of the Board shall
receive such per diems and allowances as may be fixed by the President.

Section 18. Powers and Duties of the Board. The Board shall have the following powers and duties:

a. To promulgate policies and to prescribe such rules and regulations as may be necessary to
implement the intent and provisions of this Decree, which rules and regulations shall take effect
thirty (30) days following their publication in two (2) newspapers of general circulation in the
Philippines;
 b. To approve the annual budget and such implemental budgets which may be submitted to it
by the Chairman;

c. Upon the recommendation of the General Manager, to organize, reorganize, and determine
the Authority's staffing pattern; to fix their salaries and to define their powers and duties;

d. Notwithstanding the provisions of law, rules and regulations to the contrary, to enter by itself
into any contract or agreement as may be necessary for the proper, efficient and stable
administration of the Authority and for the attainment of the purposes and objectives of this
Decree;

e. To render annual reports to the President and such special reports as may be requested;
and

f. Generally, to exercise all the powers necessary or incidental to attain the purposes of this
Decree.

Section 19. General Manager: Powers and Duties. The General Manager shall have the following
powers and duties:

a. To direct and manage the affairs of the Authority in accordance with policies of the Board;

b. To prepare the agenda for the meeting of the Board and submit for its consideration and
approval the policies and measures which he deems necessary and proper to carry out the
provisions of this Decree;

c. To submit within thirty (30) days after the close of each fiscal year an annual report to the
Board and such other reports as may be required;

d. To submit an annual budget and necessary supplemental budgets to the Board for its
approval;

e. To establish the internal organization of the Authority under such conditions that the Board
may prescribe; Provided, That any major reorganization shall be subject to the approval of the
Board; and

f. To perform such other duties as may be assigned to him by the Board;

Section 20. The Secretary of Tourism may establish a Tourism Advisory Council, which may be
composed of representatives of the following trade organizations; (1) hotels, (2) restaurants, (3) air
carriers, (4) travel agencies, (5) cottage industry producers and/or distributors, (6) sea carriers, (7) land
transportation operators, and (8) bankers association who shall be entitled to such per diems and
allowances as may be authorized: Provided, That the Secretary may designate representatives from
other trade organizations as may be necessary. The members of this Council shall be exempt from
conflict-of-interest provisions of the Anti-Graft and Corrupt Practices Act.

Section 21. Applicability of the Civil Service Law. All officials and employees of the Authority, except
technical and professional personnel, shall be subject to Civil Service Law, rules and regulations and
the coverage of the Wage and Position Classification Office.

Section 22. Appointment by the Board. Employees of the Authority shall be appointed by the Board,
upon the recommendation of the General Manager, to positions in the approved budget using as guide
the standards set forth in the Civil Service Law and rules.

Section 23. Transitory Provisions. The properties, monies, assets, rights, choses in action, obligations,
liabilities, records, and contracts of the defunct Board of Travel and Tourist Industry shall continue to
be vested in and assumed by the Authority, as a government corporation, pursuant to this Decree.
The Board of Directors shall determine what personnel of the Board of Travel and Tourist Industry shall
be absorbed by the Authority.

Section 24. Rescission of the Charter of the Philippine Tourist and Travel Association. The Charter of
the Philippine Tourist and Travel Association as granted under Republic Act No. 710 is hereby
rescinded, without prejudice to its continuing as a duly registered private corporation. Any assets
derived from the government subsidy under the aforementioned charter shall be transferred to the
Authority.

Section 25. The staffing requirements of the Department shall be provided for in the General
Appropriation Act.

Section 26. The Civil Aeronautics Board is reconstituted and attached to the Department. It shall be
composed of the Secretary of Tourism as Chairman, the Civil Aeronautics Administrator, the
Commander Officer of the Philippine Air Force, the Assistant Director for Air Transportation of the
Bureau of Transportation and two other members appointed by the President of the Philippines.

Section 27. The Hundred Islands Conservation and Development Authority, the San Juanico Tourist
Development Authority, the Looc Estate and such other entities as may be organized to promote tourism
are hereby attached to the Department.

Section 28. The Department of Trade shall perform all the functions, except those on tourism, of the
Department of Trade and Tourism pursuant to the applicable provisions of the Integrated
Reorganization Plan.

Section 29. Repeal. Presidential Decree No. 132, dated February 19, 1973 and any all acts, statutes,
decrees, rules, repealed or modified accordingly.

Section 30. Effectivity. This Decree shall take effect immediately.

Done in the City of Manila, this 11th day of May, in the year of Our Lord, nineteen hundred and seventy-
three.

Republic Act 9003

The Ecological Solid Waste Management of 2000
An Act providing for an ecological solid waste management program, creating the necessary
institutional mechanisms, declaring certain prohibited acts.

Was passed by the Congress and Senate on December 2000. Signed by the President on January 26,
2001.

Objectives of the Law:

-measures to promote a more acceptable system which corresponds to the vision of sustainable
development.
- aims to merge environmental protection with economic pursuits, recognizing the re-orientation of the
community’s view on solid waste, thereby providing schemes for waste minimization, volume reduction,
resource recovery utilization and disposal.

Under RA 9003, solid waste shall not include:

1. Waste identified or listed as hazardous waste (either solid, liquid, gaseous or in semisolid form)
which may cause or contribute to death, serious or incapacitating illness, or acute/ chronic effect on the
health of persons and other organisms;
2. Infectious waste from hospitals such as:
a) Equipment, instruments, utensils and disposable fomites (things that may carry infectious organisms
such as used gauze, surgical gloves, syringes) from patients suspected to have or have been diagnosed
as having communicable diseases;

b) Laboratory wastes such as pathological specimens (i.e., all tissues, specimens of blood elements,
excreta, and secretions obtained from patients or laboratory animals) and disposable fomites that may
harbor or transmit pathogenic organisms;

Composed of 14 members from the government sector and three members from the private sector.
1. DENR;
2.Department of Interior and Local Government (DILG);
3.Department of Science and Technology (DOST);
4. Department of Public Works and Highways (DPWH);
5. Department of Health (DOH);
6. Department of Trade and Industry (DTI);
7. Department of Agriculture (DA);
8. Metro Manila Development Authority (MMDA);
9. League of Provincial Governors;
10. League of City Mayors;
11. League of Municipal Mayors;
12. Association of Barangay Councils;
13. Technical Education and Skills Development Authority
(TESDA); and
14. Philippine Information Agency (PIA).

Role of the DENR as the Lead Agency :

- Provide technical and other capability building assistance and support to LGUs.
- Recommend policies to eliminate barriers to waste reduction programs.
- Issue rules and regulations.

Prohibited acts and Penalties (Sec 48 and 49)

The fines and penalties depend on the Prohibited Acts that is committed. It ranges from P300.00 to
P1,000,000.00 and/or imprisonment of 1 day to 6 years.
Kind of Cases may be Filled:
1.Civil
2.Criminal
3.Administrative

RA 9003 provides that no case or suit can be filed until after a public officer or alleged violator has been
given a 30-day notice during which no appropriate action has been taken by the alleged offender.

The law provides that the fine and/or penalty shall be imposed UPON CONVICTION.
The requirement of conviction means that a case has to be filed in court against a person who commits
a prohibited act and judgment has to be rendered by the court finding the person guilty of committing
the prohibited act.

Criteria for Siting a Sanitary Landfill

(a) The site selected must be consistent with the overall land use plan of the LGU;

(b) The site must be accessible from major roadways or thoroughfares;

(c) The site should have an adequate quantity of earth cover material that is easily handled and
compacted;

(d) The site must be chosen with regard for the sensitivities of the community's residents;
(e) The site must be located in an area where the landfill's operation will not detrimentally affect
environmentally sensitive resources such as aquifer, groundwater reservoir or watershed area;

(f) The site should be large enough to accommodate the community's wastes for a period of five (5)
years during which people must internalize the value of environmentally sound and sustainable solid
waste disposal;

(g) The site chosen should facilitate developing a landfill that will satisfy budgetary constraints, including
site development, operation for many years, closure, post-closure care and possible remediation costs;

(h) Operating plans must include provisions for coordinating with recycling and resource recovery
projects; and

(i) Designation of a separate containment area for household hazardous wastes.

Section 21. Mandatory Segregation of Solid Waste

The LGUs shall evaluate alternative roles for the public and private sectors in providing collection
services, type of collection system, or combination of systems, that best meet their needs: Provided,
That segregation of wastes shall primarily be conducted at the source, to include household,
institutional, industrial, commercial and agricultural sources

Section 37. Prohibition Against the Use of Open Dumps for Solid Waste

No open dumps shall be established and operated, nor any practice or disposal of solid waste by any
person, including LGUs, which constitutes the use of open dumps for solid wastes, be allowed after the
effectivity of this Acts: Provided, That within three (3) years after the effectivity of this Act, every LGU
shall convert its open dumps into controlled dumps

Miscellaneous Provisions

1. Aim to develop public awareness of the ill-effects of and the community based solution on solid waste
management.

2. Concentrate on activities which are feasible and which will have the greatest impact on solid waste
problem on the country, like resource conservation and recovery, recycling, segregation at source, re-
use, reduction, and composting of solid waste.

3.Encourage the general public, accredited NGO’s and people’s organization to publicity endorse and
patronize environmentally acceptable products and packaging materials.

Proclamation No. 2146

PROCLAIMING CERTAIN AREAS AND TYPES OF PROJECTS AS ENVIRONMENTALLY CRITICAL
AND WITHIN THE SCOPE OF THE ENVIRONMENTAL IMPACT STATEMENT SYSTEM
ESTABLISHED UNDER PRESIDENTIAL DECREE NO. 1586.

WHEREAS, it is the national policy to attain and maintain a rational and orderly balance between socio-
economic growth and environmental conservation and protection;

WHEREAS, there is an urgent need to bring about an intensive, integrated program of environmental
protection through a requirement of environmental impact assessments and statements;
WHEREAS, the environmental impact statement system established under Presidential Decree No,
1586 calls for the proper management of environmentally critical areas;

WHEREAS, the pursuit of a comprehensive and integrated environmental protection program

necessitates the establishment and institutionalization of a system whereby the exigencies of socio-
economic undertakings can be reconciled with the requirements of environmental protection and
conservation;

WHEREAS, the national leadership mandates the establishment of such a system to regulate and
minimize the environmental impacts of projects and undertakings which may significantly affect the
quality of the environment in Presidential Decree No. 1586; and

WHEREAS, in the effective implementation of such a system, there arises the need to identify and
declare certain projects determined to be environmentally critical;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers
vested in me by law, hereby proclaim the following areas and types of projects as environmentally
critical and within the scope of the Environmental Impact Statement System;

A. Environmentally Critical Projects 1. All areas declared by law as national parks,

watershed reserves, wildlife preserves and
I. Heavy Industries sanctuaries;

a. Non-ferrous metal industries 2. Areas set aside as aesthetic potential tourist

b. Iron and steel mills spots;
c. Petroleum and petro-chemical industries
including oil and gas 3. Areas which constitute the habitat for any
d. Smelting plants endangered or threatened species of indigenous
Philippine Wildlife (flora and fauna);
II. Resource Extractive Industries
4. Areas of unique historic, archaeological, or
a. Major mining and quarrying projects scientific interests;
b. Forestry projects
5. Areas which are traditionally occupied by
1. Logging cultural communities or tribes;
2. Major wood processing projects
3. Introduction of fauna (exotic-animals) in 6. Areas frequently visited and/or hard-hit by
public/private forests natural calamities (geologic hazards, floods,
4. Forest occupancy typhoons, volcanic activity, etc.);
5. Extraction of mangrove products
6. Grazing 7. Areas with critical slopes;

8. Areas classified as prime agricultural lands;

c. Fishery Projects 9. Recharged areas of aquifers;

1. Dikes for/and fishpond development projects 10. Water bodies characterized by one or any
combination of the following conditions;
III. Infrastructure Projects
a. tapped for domestic purposes
a. Major dams b. within the controlled and/or protected areas
b. Major power plants (fossil-fueled, nuclear declared by appropriate authorities
fueled, hydroelectric or geothermal) c. which support wildlife and fishery activities
c. Major reclamation projects
d. Major roads and bridges 11. Mangrove areas characterized by one or any
combination of the following conditions:
B. Environmentally Critical Areas
a. with primary pristine and dense young growth; 12. Coral reefs characterized by one or any
b. adjoining mouth of major river systems; combinations of the following conditions:
c. near or adjacent to traditional productive fry or
fishing grounds; a. With 50% and above live coralline cover;
d. which act as natural buffers against shore b. Spawning and nursery grounds for fish;
erosion, strong winds and storm floods; c. which act as natural breakwater of coastlines.
e. on which people are dependent for their
livelihood.

Presidential Decree No. 1586

ESTABLISHING AN ENVIRONMENTAL IMPACT STATEMENT SYSTEM, INCLUDING OTHER
ENVIRONMENTAL MANAGEMENT RELATED MEASURES AND FOR OTHER PURPOSES

WHEREAS, the pursuit of a comprehensive and integrated environment protection program

necessitates the establishment and institutionalization of a system whereby the exigencies of socio-
economic undertakings can be reconciled with the requirements of environmental quality;

WHEREAS, the regulatory requirements of environmental Impact Statements and Assessments

instituted in pursuit of this national environmental protection program have to be worked into their full
regulatory and procedural details in a manner consistent with the goals of the program.

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

Section 1. Policy. It is hereby declared the policy of the State to attain and maintain a rational and
orderly balance between socio-economic growth and environmental protection.

Section 2. Environmental Impact Statement System. There is hereby established an Environmental

Impact Statement System founded and based on the environmental impact statement required, under
Section 4 of Presidential Decree No. 1151, of all agencies and instrumentalities of the national
government, including government-owned or controlled corporations, as well as private corporations,
firms and entities, for every proposed project and undertaking which significantly affect the quality of
the environment.

Section 3. Determination of Lead Agency. The Minister of Human Settlements or his designated
representative is hereby authorized to name the lead agencies referred to in Section 4 of Presidential
Decree No. 1151 which shall have jurisdiction to undertake the preparation of the necessary
environmental impact statements on declared environmentally critical projects and areas. All
Environmental Impact Statements shall be submitted to the National Environmental Protection Council
for review and evaluation.

Section 4. Presidential Proclamation of Environmentally Critical Areas and Projects. The President of
the Philippines may, on his own initiative or upon recommendation of the National Environmental
Protection Council, by proclamation declare certain projects, undertakings or areas in the country as
environmentally critical. No person, partnership or corporation shall undertake or operate any such
declared environmentally critical project or area without first securing an Environmental Compliance
Certificate issued by the President or his duly authorized representative. For the proper management
of said critical project or area, the President may by his proclamation reorganize such government
offices, agencies, institutions, corporations or instrumentalities including the re-alignment of
government personnel, and their specific functions and responsibilities.
For the same purpose as above, the Ministry of Human Settlements shall: (a) prepare the proper land
or water use pattern for said critical project(s) or area (s); (b) establish ambient environmental quality
standards; (c) develop a program of environmental enhancement or protective measures against
calamituous factors such as earthquake, floods, water erosion and others, and (d) perform such other
functions as may be directed by the President from time to time.

Section 5. Environmentally Non-Critical Projects. All other projects, undertakings and areas not
declared by the President as environmentally critical shall be considered as non-critical and shall not
be required to submit an environmental impact statement. The National Environmental Protection
Council, thru the Ministry of Human Settlements may however require non-critical projects and
undertakings to provide additional environmental safeguards as it may deem necessary.

Section 6. Secretariat. The National Environmental Protection Council is hereby authorized to

constitute the necessary secretariat which will administer the Environmental Impact Statement System
and undertake the processing and evaluation of environmental impact statements.

Section 7. Management and Financial Assistance. The Ministry of Human Settlements is hereby
authorized to provide management and financial support to government offices and instrumentalities
placed under its supervision pursuant to this Decree financed from its existing appropriation or from
budgetary augmentation as the Minister of Human Settlements may deem necessary.

Section 8. Rules and Regulations. The National Environmental Protection Council shall issue the
necessary rules and regulations to implement this Decree. For this purpose, the National Pollution
Control Commission may be availed of as one of its implementing arms, consistent with the powers and
responsibilities of the National Pollution Control Commission as provided in P.D. No. 984.

Section 9. Penalty for Violation. Any person, corporation or partnership found violating Section 4 of this
Decree, or the terms and conditions in the issuance of the Environmental Compliance Certificate, or of
the standards, rules and regulations issued by the National Environmental Protection Council pursuant
to this Decree shall be punished by the suspension or cancellation of his/its certificate or and/or a fine
in an amount not to exceed Fifty Thousand Pesos (P50,000.00) for every violation thereof, at the
discretion of the National Environmental Protection Council.

Section 10. Environmental Revolving Fund. Proceeds from the penalties prescribed in the preceding
Section 9 and other penalties imposed by the National Pollution Control Commission as authorized in
P.D. 984, shall be automatically appropriated into an Environment Revolving Fund hereby created as
an exemption to P.D. 711 and P.D. 1234. The fund shall be used exclusively for the operation of the
National Environmental Protection Council and the National Pollution Control Commission in the
implementation of this Decree. The rules and regulations for the utilization of this fund shall be
formulated by the Ministry of Human Settlements and submitted to the President for approval.

Section 11. Repealing Clause. The Inter-Agency Advisory Council of the National Pollution Control
Commission created under Section 4 of P.D. 984 is hereby abolished and its powers and responsibilities
are forthwith delegated and transferred to the Control of the National Environmental Protection Council.

All other laws, decrees, executive orders, rules and regulations inconsistent herewith are hereby
repealed, amended or modified accordingly.

Section 12. Effectivity Clause. This Decree shall take effect immediately.

DONE in the City of Manila, this 11th day of June, in the year of Our Lord, nineteen hundred and
seventy-eight.
 Republic Act No. 9593
The Tourism Act of 2009
AN ACT DECLARING A NATIONAL POLICY FOR TOURISM AS AN ENGINE OF INVESTMENT,
EMPLOYMENT, GROWTH AND NATIONAL DEVELOPMENT, AND STRENGTHENING THE
DEPARTMENT OF TOUMSM AND ITS ATTACHED AGENCIES TO EFFECTIVELY EFFICIENTLY
IMPLEMENT THAT POLICY, AND APPROPRIATING FUNDS THEREFOR

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

CHAPTER I
GENERAL PROVISIONS

Section 1. Short Title. - This Act shall be known as "The Tourism Act of 2009".

Section 2. Declaration of Policy. - The State declares tourism as an indispensable element of the
national economy and an industry of national interest and importance, which must be harnessed as an
engine of socioeconomic growth and cultural affirmation to generate investment, foreign exchange and
employment, and to continue to mold an enhanced sense of national pride for all Filipinos.

Towards this end, the State shall seek to:

(a) Ensure the development of Philippine tourism that is for and by the Filipino people, conserve
and promote their heritage, national identity and sense of unity;

(b) Recognize sustainable tourism development as integral to the national socioeconomic

development efforts to improve the quality of life of the Filipino people, providing the appropriate
attention and support for the growth of this industry;

(c) Promote a tourism industry that is ecologically sustainable, responsible, participative,

culturally sensitive, economically viable, and ethically and socially equitable for local
communities;

(d) Create a favorable image of the Philippines within the international community, thereby
strengthening the country’s attraction as a tourism destination and eventually paving the way
for other benefits that may result from a positive global view of the country;

(e) Develop the country as a prime tourist hub in Asia, as well as a center of world congresses
and conventions, by promoting sustainable tourism anchored principally on the country’s
history, culture and natural endowments, and ensuring the protection, preservation and
promotion of these resources; and

(f) Encourage private sector participation and agri - tourism for countryside development and
preservation of rural life.

Section 3. Objectives. - Pursuant to the above declaration, the State shall adopt the following
objectives:

(a) Develop a national tourism action plan and work for its adoption and implementation by
national and local governments;

(b) Encourage activities and programs which promote tourism awareness, preserve the
country’s diverse cultures and heritage, and instill a sense of history and a culture of tourism
among the youth and the populace;
(c) All things being equal, grant preferential treatment to the employment of Filipino nationals
in tourism - related enterprises;

(d) Provide full government assistance by way of competitive investment incentives, long - term
development fund and other financing schemes extended to tourism - related investments;

(e) Ensure that tourism development protects and promotes the general well - being of the
Filipino people, particularly in the area of investment, to include the monitoring and prevention
of any act of profiteering or speculation to the detriment of local residents, as well as the
exploitation of women and children in tourism;

(f) Encourage competition in the tourism industry and maximize consumer choice by enhancing
the continued viability of the retail travel industry and independent tour operation industry;

(g) Enhance the collection, analysis and dissemination of data which accurately measure the
economic and social impact of tourism in the country to facilitate planning in the public and
private sectors;

(h) Ensure the right of the people to a balanced and healthful ecology through the promotion of
activities geared towards environmental protection, conservation and restoration;

(i) Develop responsible tourism as a strategy for environmentally sound and community
participatory tourism programs, enlisting the participation of local communities, including
indigenous peoples, in conserving bio - physical and cultural diversity, promoting environmental
understanding and education, providing assistance in the determination of ecotourism sites and
ensuring full enjoyment of the benefits of tourism by the concerned communities;

(j) Strengthen the role of tourism councils and encourage the participation of nongovernment
organizations (NGOs), people’s organizations (NGOs) and the private sector in initiating
programs for tourism development and environmental protection;

(k) Promote the progressive development of existing civil aviation, land and sea transportation
policies as they relate to tourism, in consonance with existing bilateral agreements and inter -
agency pronouncements;

(l)Promote and ensure the convention - handling capability of the country as a world - class
convention center;

(m) Achieve a balance in tourism development between urban and rural areas in order to
spread the benefits of tourism and contribute to poverty alleviation, better access to
infrastructure and to a reduction in regional imbalances;

(n) Enhance capability - building of local government units (LGUs), in partnership with the
private sector, in the management of local tourism projects and initiatives, thereby ensuring
accessible and affordable destinations throughout the country, especially in areas which have
shown strong comparative advantage;

(o) Maintain international standards of excellence in all tourism facilities and services, and
promote the country as a safe and wholesome tourist destination;

(p) Enhance international business relations for the support of tourism projects of the private
sector, through5 partnerships, joint ventures and other cooperative undertakings involving local
and foreign investors;

(q) Support the establishment of tourism enterprise zones (TEZs), which will provide the
necessary vehicle to coordinate actions of the public and private sectors to address
 development barriers, attract and focus investment on specific geographic areas and upgrade
product and service quality; and

(r) Ensure a sustainable funding mechanism for the implementation of tourism policies, plans,
programs, projects and activities.

Section 4. Definition of Terms. - The following terms, as used in this Act, are defined as follows:

(a) "Department" refers to the Department of Tourism created pursuant to Presidential Decree
No. 189 (1973), as amended.

(b) "Secretary" refers to the Secretary of Tourism.

(c) "Duty Free Philippines (DFP)" refers to the government agency created pursuant to
Executive Order No. 46 (1986).

(d) "Duty Free Philippines Corporation (DFPC)’’ refers to the corporate entity created out of
DFP pursuant to this Act.

(e) "Philippine Conventions and Visitors Corporation (PCVC)" refers to the corporate entity
created pursuant to Presidential Decree No. 867, as amended.

(f) "Intramuros Administration (IA)" refers to the government agency created pursuant to
Presidential Decree No. 1616 (1979), as amended.

(g) "Philippine Retirement Authority (F’RA)’’ refers to the government agency created pursuant
to Executive Order No. 1037 (1985).6

(h) "Tourism Infrastructure and Enterprise Zone Authority (TIEZA)" refers to the government
agency created pursuant to this Act.

(i) "Tourism Enterprise Zone (TEZ)" refers to tourism

(i) "TEZ overseer" refers to any person who shall be appointed by the TIEZA in specific zones
to perform such functions as may be delegated by the TIEZA in accordance with law. enterprise
zones created pursuant to this Act.

(k) "TEZ operator" refers to an entity duly incorporated under Batas Pambansa Blg. 68,
otherwise known as The Corporation Code of the Philippines, and other relevant laws, whose
capital may be provided by LGUs and/or private entities, and which shall administer and
supervise each TEZ.

(l) "TEZ Administrator" refers to the person appointed by the Board of Directors of a TEZ
operator who shall be responsible for implementing the policies, plans and projects of the TEZ
operator.

(m) "Registered enterprise" refers to au enterprise located within a TEZ that is duly - registered
with the TIEZA.

(n) "Philippine Tourism Authority (PTA)" refers to the existing implementation arm of the
Department of Tourism created pursuant to Presidential Decree No. 189 (1973), as amended.

(o) "Tourism Promotions Board (TPB)" refers to the body corporate created under this Act.

(p) "Tourism enterprises" refers to facilities, services and attractions involved in tourism, such
as, but not limited to: travel and tour services; tourist transport services, whether for land, sea
 or air transportation; tour guides; adventure sports services involving such sports as
mountaineering, spelunking, scuba diving and other sports activities of significant tourism
potential; convention organizers; accommodation establishments, including, but not limited to,
7 hotels, resorts, apartelles, tourist inns, motels, pension houses and home stay operators:
tourisnl estate management services, restaurants, shops and department stores, sports and
recreational centers, spas, museums and galleries, theme parks, convention centers and zoos.

(q) "Primary tourism enterprises" refers to travel and tour services; land, sea and air transport
services exclusively for tourist use; accommodation establishments; convention and exhibition
organizers; tourism estate management services; and such other enterprises as may be
identified by the Secretary, after due consultation with concerned sectors.

(r) "Secondary tourism enterprises" refers to all other tourism enterprises not covered by the
preceding subsection.

(s) "Greenfield Tourism Zone" refers to a new or pioneer development, as determined by the
TIEZA.

(t) "Brownfield Tourism Zone" refers to an area with existing infrastructure or development as
determined by the TIEZA.

(u) "Foreign visitors" refers to all passengers using foreign passports. I

(v) "Sustainable tourism development" refers to the management of all resources that meets
the needs of tourists and host regions while protecting the opportunities for the future, in such
a way that economic, social and aesthetic needs can be fulfilled while maintaining cultural
integrity, essential ecological processes, biological diversity and life support systems.

CHAPTER IV
TOURISM ENTERPRISE ZONES

SUBCHAPTER IV - A. TOURISM ENTEWRISE ZONES

Section 59. Tourism Enterprise Zones. - Any geographic area with the following characteristics may be
designated as a Tourism Enterprise Zone:

(a) The area is capable of being defined into one contiguous territory;

(b) It has historical and cultural significance, environmental beauty, or existing or potential
integrated leisure facilities within its bounds or within reasonable distances from it;

(c) It has, or it may have, strategic access through transportation infrastructure, and reasonable
connection with utilities infrastructure systems;

(d) It is sufficient in size, such that it may be further utilized for bringing in new investments in
tourism establishments and services; and

(e) It is in a strategic location such as to catalyze the

Section 60. Designation of TEZs. - The TIEZA shall designate TEZs, upon the recommendation of any
LGU qr private entity, or through joint ventures between the public and the private sectors. Such
designation shall be subject to the provisions of this Act and to minimum requirements which the TIEZA
shall subsequently promulgate.

TEZs shall not proliferate in a manner that diminishes their strategic economic and developmental value
to the national economy.
Section 61. Development Planning. - Each application for designation as a TEZ shall be accompanied
by a development plan which shall, consistent with principles of economic, socioeconomic development
of neighboring communities. cultural and environmentally sustainable development, specifically identify:

(a) Tourism focal points and resources available within the proposed TEZ and adjoining areas;

(b) Features which satisfy the requisites for the designation of a TEZ enumerated under Section
59 of this Act;

(c) Areas for infrastructure development, for investment, and for preservation, as well as the
kind of development, nature of investment or sustainable activities allowed within preserved
areas, respectively;

(d) Medium - and long - term studies on market trends, and corresponding development
strategies for the TEZ;

(e) Studies on the economic impact of development within the TEZ and in surrounding
communities;

(f) Studies on the environmental, cultural and social carrying capacity of the TEZ and
surrounding communities;

(g) Design plans for structures which incorporate design and sustainability principles from local
architecture and the surrounding environment; and

(h) Such other information that the TIEZA may require.

No TEZ shall be designated without a development plan duly approved by the TIEZA and without the
approval, by resolution, of the LGU concerned. Any deviation or modification from the development plan
shall require the prior authorization of the TIEZA. The TIEZA may cause the suspension of granted
incentives and withdrawal of recognition as a TEZ operator. It may likewise impose reasonable fines
and penalties upon TEZ operators and responsible persons for any failure to properly implement the
approved development plan.

Lands identified as part of a TEZ shall qualify for exemption from the coverage of Republic Act No.
7279, otherwise known as the Urban Development and Housing Act of 1992, and Republic Act No.
6657, otherwise known as the Comprehensive Agrarian Reform Law, subject to rules and regulations
to be crafted by the TIEZA, the Housing and Urban Development Coordinating Council and the
Department of Agrarian Reform.

Section 62. Operation of TEZs. - The TEZ proponent shall establish a corporate entity, to be known as
the TEZ operator, which shall administer the TEZ and supervise its activities. The designation of a TEZ
does not vest ownership of the resources therein upon the TEZ operator. Where the TEZ operator
possesses rights to land or other resources within the TEZ, the TEZ operator shall be entitled to exercise
such rights as allowed by existing laws in a manner consistent with the duly - approved development
plan as provided above.

Where rights to land and other resources within the TEZ are vested in a private third party, the TEZ
operator shall encourage the private third party to participate in policy making, planning and program
development and implementation by encouraging its registration as a tourism enterprise where
appropriate, and through the judicious administration of incentives and provision of services.

Except as herein provided, the LGUs which comprise, overlap, embrace or include a TEZ in their
territorial jurisdictions shall retain their basic autonomy and identity in accordance with the Local
Government Code.
The government shall encourage, facilitate and provide incentives for private sector participation in the
construction and operation of public utilities and infrastructure in the TEZs using any of the schemes
allowed under Republic Act No. 6957, as amended, otherwise known as the Build - Operate - and -
Transfer Law.

Republic Act No. 7586

National Integrated Protected Areas Act of 1992
AN ACT PROVIDING FOR THE ESTABLISHMENT AND MANAGEMENT OF NATIONAL
INTEGRATED PROTECTED AREAS SYSTEM, DEFINING ITS SCOPE AND COVERAGE, AND FOR
OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippine Congress Assembled:

Section 1. Title – This Act shall be known and referred to as the "National Integrated Protected Areas
System Act of 1992″.

Section 2. Declaration of Policy – Cognizant of the profound impact of man’s activities on all
components of the natural environment particularly the effect of increasing population, resource
exploitation and industrial advancement and recognizing the critical importance of protecting and
maintaining the natural biological and physical diversities of the environment notably on areas with
biologically unique features to sustain human life and development, as well as plant and animal life, it
is hereby declared the policy of the State to secure for the Filipino people of present and future
generations the perpetual existence of all native plants and animals through the establishment of a
comprehensive system of integrated protected areas within the classification of national park as
provided for in the Constitution.

It is hereby recognized that these areas, although distinct in features, posses common ecological values
that may be incorporated into a holistic plan representative of our natural heritage; that effective
administration of this area is possible only through cooperation among national government, local
government and concerned private organizations; that the use and enjoyment of these protected areas
must be consistent with the principles of biological diversity and sustainable development.

To this end, there is hereby established a National Integrated Protected Areas System (NIPAS), which
shall encompass outstandingly remarkable areas and biologically important public lands that are
habitats of rare and endangered species of plants and animals, biogeographic zones and related
ecosystems, whether terrestrial, wetland or marine, all of which shall be designated as "protected
areas".

Section 3. Categories – The following categories of protected areas are hereby established:

a. Strict nature reserve; f. Resource reserve;

b. Natural park; g. Natural biotic areas; and

c. Natural monument; h. Other categories established by law,

conventions or international agreements
d. Wildlife sanctuary; which the Philippine Government is a
signatory.
e. Protected landscapes and seascapes;
Section 4. Definition of Terms – For purposes of this Act, the following terms shall be defined as follows:

1. "National Integrated Protected Areas System (NIPAS)" is the classification and

administration of all designated protected areas to maintain essential ecological processes and
life-support systems, to preserve genetic diversity, to ensure sustainable use of resources
found therein, and to maintain their natural conditions to the greatest extent possible;

2. "Protected Area" refers to identified portions of land and water set aside by reason of their
unique physical and biological significance, managed to enhance biological diversity and
protected against destructive human exploitation;

3. "Buffer zones" are identified areas outside the boundaries of and immediately adjacent to
designated protected areas pursuant to Section 8 that need special development control in
order to avoid or minimize harm to the protected area;

4. "Indigenous cultural community" refers to a group of people sharing common bonds of

language, customs, traditions and other distinctive cultural traits and who have since time
immemorial, occupied, possessed and utilized a territory;

5. "National park" refers to a forest reservation essentially of natural wilderness character which
has been withdrawn from settlement, occupancy or any form of exploitation except in conformity
with approved management plan and set aside as such exclusively to conserve the area or
preserve the scenery, the natural and historic objects, wild animals and plants therein and to
provide enjoyment of these features in such areas;

6. "Natural monuments" is a relatively small area focused on protection of small features to

protect or preserve nationally significant natural features on account of their special interest or
unique characteristics;

7. "Natural biotic area" is an area set aside to allow the way of life of societies living in harmony
with the environment to adapt to modern technology at their pace;

8. "Natural park" is a relatively large area not materially altered by human activity where
extractive resource uses are not allowed and maintained to protect outstanding natural and
scenic areas of national or international significance for scientific, educational and recreational
use;

9. "Protected landscapes/seascapes" are areas of national significance which are

characterized by the harmonious interaction of man and land while providing opportunities for
public enjoyment through the recreation and tourism within the normal lifestyle and economic
activity of these areas;

10. "Resource reserve" is an extensive and relatively isolated and uninhabited area normally
with difficult access designated as such to protect natural resources of the area for future use
and prevent or contain development activities that could affect the resource pending the
establishment of objectives which are based upon appropriate knowledge and planning;

11. "Strict nature reserve" is an area possessing some outstanding ecosystem, features and/or
species of flora and fauna of national scientific importance maintained to protect nature and
maintain processes in an undisturbed state in order to have ecologically representative
examples of the natural environment available for scientific study, environmental monitoring,
education, and for the maintenance of genetic resources in a dynamic and evolutionary state;

12. "Tenured migrant communities" are communities within protected areas which have actually
and continuously occupied such areas for five (5) years before the designation of the same as
protected areas in accordance with this Act and are solely dependent therein for subsistence;
and
 13. "Wildlife sanctuary" comprises an area which assures the natural conditions necessary to
protect nationally significant species, groups of species, biotic communities or physical features
of the environment where these may require specific human manipulations for their
perpetuation.

Section 5. Establishment and Extent of the System – The establishment and operationalization of the
System shall involve the following:

1. All areas or islands in the Philippines proclaimed, designated or set aside, pursuant to a law,
presidential decree, presidential proclamation or executive order as national park, game refuge,
bird and wildlife sanctuary, wilderness area, strict nature reserve, watershed, mangrove
reserve, fish sanctuary, natural and historical landmark, protected and managed
landscape/seascape as well as identified virgin forests before the effectivity of this Act are
hereby designated as initial components of the System. The initial components of the System
shall be governed by existing laws, rules and regulations, not inconsistent with this Act;

2. Within one (1) year from the effectivity of this Act, the DENR shall submit to the Senate and
the House of Representatives a map and legal descriptions or natural boundaries of each
protected area initially comprising the System. Such maps and legal description shall, by virtue
of this Act, constitute the official documentary representation of the entire System, subject to
such changes as Congress deems necessary;

3. All DENR records pertaining to said protected areas, including maps and legal descriptions
or natural boundaries, copies of rules and regulations governing them, copies of public notices
of, and reports submitted to Congress regarding pending additions, eliminations, or
modifications shall be made available to the public. These legal documents pertaining to
protected areas shall also be available to the public in the respective DENR Regional Offices,
Provincial Environment and Natural Resources Offices (PENROs) and Community
Environment and Natural Resources Offices (CENROs) where NIPAS areas are located;

4. Within three (3) years from the effectivity of this Act, the DENR shall study and review each
area tentatively composing the System as to its suitability or non-suitability for preservation as
protected area and inclusion in the System according to the categories established in Section
3 hereof and report its findings to the President as soon as each study is completed. The study
must include in each area:

1. A forest occupants survey;

2. An ethnographic study;

3. A protected area resource profile;

4. Land use plans done in coordination with the respective Regional Development
Councils; and

5. Such other background studies as will be sufficient bases for selection.

The DENR shall:

1. Notify the public of proposed action through publication in a newspaper of general circulation,
and such other means as the System deems necessary in the area or areas in the vicinity of
the affected land thirty (30) days prior to the public hearing;

i. Conduct public hearings at the locations nearest to the area affected;

ii. At least thirty (30) days prior to the date of hearing, advise all Local Government
Units (LGUs) in the affected areas, national agencies concerned, people’s
 organizations and non-government organizations and invite such officials to submit
their views on the proposed action at the hearing not later than thirty (30) days following
the date of hearing; and

iii. Give due consideration to the recommendations at the public hearing; and provide
sufficient explanation for his recommendations contrary to the general sentiments
expressed in the public hearing;

2. Upon receipt of the recommendations of the DENR, the President shall issue a presidential
proclamation designating the recommended areas as protected areas and providing for
measures for their protection until such time when Congress shall have enacted a law finally
declaring such recommended areas as part of the integrated protected area systems; and

3. Thereafter, the President shall send to the Senate and the House of Representatives his
recommendations with respect to the designations as protected areas or reclassification of each
area on which review has been completed, together with maps and legal description of
boundaries. The President, in his recommendation, may propose the alteration of existing
boundaries of any or all proclaimed protected areas, addition of any contiguous area of public
land of predominant physical and biological value. Nothing contained herein shall limit the
President to propose, as part of his recommendation to Congress, additional areas which have
not been designated, proclaimed or set aside by law, presidential decree, proclamation or
executive orders as protected area/s.

Section 6. Additional Areas to be Integrated to the System. – Notwithstanding the establishment of the
initial component of the additional areas with outstanding physical features, anthropological significance
and biological diversity in accordance with the provisions of Section 5d.

Section 7. Disestablishment as Protected Area. – When in the opinion of the DENR a certain protected
area should be withdrawn or disestablished, or its boundaries modified as warranted by a study and
sanctioned by the majority of the members of the respective boards for the protected area as herein
established in Section 11, it shall, in turn, advice Congress. Disestablishment of a protected area under
the System or modification of its boundary shall take effect pursuant to an act of Congress. Thereafter,
said area shall revert to the category of public forests unless otherwise classified by Congress: Provided
however, that after disestablishment by Congress, the Secretary may recommend the transfer of such
disestablished area to other government agencies to serve other priority programs of national interest.

Section 8. Buffer Zones. – For each protected area, there shall be established peripheral buffer zones
when necessary, in the same manner as Congress establishes the protected area, to protect the same
from activities that will directly and indirectly harm it. Such buffer zones shall be included in the individual
protected area management plan that shall prepared for each protected area. The DENR shall exercise
its authority over protected areas as provided in this Act on such area and designated as buffer zones.

Section 9. Management Plans. – There shall be a general management planning strategy to serve as
guide in formulating individual plans for each protected area. The management planning strategy shall,
at the minimum, promote the adoption and implementation of innovative management techniques
including if necessary, the concept of zoning, buffer zone management for multiple use and protection,
habitat conservation and rehabilitation, diversity management, community organizing, socioeconomic
and scientific researches, site-specific policy development, pest management, and fire control. The
management planning strategy shall also provide guidelines for the protection of indigenous cultural
communities, other tenured migrant communities and sites for close coordination between and among
local agencies of the Government as well as the private sector.

Each component area of the System shall be planned and administered to further protect and enhance
the permanent preservation of its natural conditions. A management manual shall be formulated and
developed which must contain the following: an individual management plan prepared by three (3)
experts, basic background information, field inventory of the resources within the area, an assessment
of assets and limitations, regional interrelationships, particular objectives for managing the area,
appropriate division of the area into management zones, a review of the boundaries of the area, and a
design of the management programs.

Section 10. Administration and Management of the System. – The National Integrated Protected Areas
System is hereby placed under the control and administration of the Department of Environment and
Natural Resources. For this purpose, there is hereby created a division in the regional offices of the
Department to be called the Protected Areas and Wildlife Division in regions where protected areas
have been established, which shall be under the supervision of a Regional Technical Director, and shall
include subordinate officers, clerks, and employees as may be proposed by the Secretary, duly
approved by the Department of Budget and Management, and appropriated by the Congress. The
Service thus established shall manage protected areas and promote the permanent preservation, to
the greatest extent possible of their natural conditions.

To carry out the mandate of this Act, the Secretary of the DENR is empowered to perform any and all
of the following acts:

a. To conduct studies on various characteristic features and conditions of the different protected
areas, using commonalities in their characteristics, classify and define them into categories and
prescribe permissible or prohibited human activities in each category in the System;

b. To adopt and enforce a land use scheme and zoning plan in adjoining areas for the
preservation and control of activities that may threaten the ecological balance in the protected
areas;

c. To cause the preparation of and exercise the power to review all plans and proposals for the
management of protected areas;

d. To promulgate rules and regulations necessary to carry out the provisions of this Act;

e. To deputize field officers and delegate any of his powers under this Act and other laws to
expedite its implementation and enforcement;

f. To fix and prescribe reasonable NIPAS fees to be collected from government agencies or any
person, firm or corporation deriving benefits from the protected areas;

g. To exact administrative fees and fines as authorized in Section 21 for violation of guidelines,
rules and regulations of this Act as would endanger the viability of protected areas;

h. To enter into contracts and/or agreements with private entities or public agencies as may be
necessary to carry out the purposes of this Act;

i. To accept in the name of the Philippine Government and in behalf of NIPAS funds, gifts or
bequests of money for immediate disbursements or other property in the interest of the NIPAS,
its activities or its services;

j. To call on any agency or instrumentality of the Government as well as academic institutions,

non-government organizations and the private sector as may be necessary to accomplish the
objectives and activities of the System;

k. To submit an annual report to the President of the Philippines and to Congress on the status
of protected areas in the country;

l. To establish a uniform marker of the System, including an appropriate and distinctive symbol
for each category in the System, in consultation with appropriate government agencies and
public and private organizations;
 m. To determine the specification of the class, type and style of buildings and other structures
to be constructed in protected areas and the materials to be used;

n. Control the construction, operation and maintenance of roads, trails, waterworks, sewerage,
fire protection, and sanitation systems and other public utilities within the protected area;

o. Control occupancy of suitable portions of the protected area and resettle outside of said area
forest occupants therein, with the exception of the members of indigenous communities area;
and

p. To perform such other functions as may be directed by the President of the Philippines, and
to do such acts as may be necessary or incidental to the accomplishment of the purpose and
objectives of the System.

Section 11. Protected Area Management Board. – A Protected Area Management Board for each of
the established protected area shall be created and shall be composed of the following: The Regional
Executive Director under whose jurisdiction the protected area is located; one (1) representative from
the autonomous regional government, if applicable; the Provincial Development Officer; one (1)
representative from the municipal government; one (1) representative from each barangay covering the
protected area; one (1) representative from each tribal community, if applicable; and, at least three (3)
representatives from non-government organizations/local community organizations, and if necessary,
one (1) representative from other departments or national government agencies involved in protected
area management.

The Board shall, by a majority vote, decide the allocations for budget, approve proposals for funding,
decide matters relating to planning, peripheral protection and general administration of the area in
accordance with the general management strategy. The members of the Board shall serve for a term
of five (5) years without compensation, except for actual and necessary traveling and subsistence
expenses incurred in the performance of their duties. They shall be appointed by the Secretary of the
DENR as follows:

a. A member who shall be appointed to represent each local government down to barangay
level whose territory or portion is included in the protected area. Each appointee shall be the
person designated by the head of such LGU, except for the Provincial Development Officer
who shall serve ex officio;

b. A member from non-government organizations who shall be endorsed by heads of

organizations which are preferably based in the area or which have established and recognized
interest in protected areas;

c. The RED/s in the region/s where such protected area lies shall sit as ex officio member of
the Board and shall serve as adviser/s in matters related to the technical aspect of management
of the area; and

d. The RED shall act as chairman of the Board. When there are two (2) or more REDs in the
Board, the Secretary shall designate one (1) of them to be the Chairman. Vacancies shall be
filled in the same manner as the original appointment.

Section 12. Environmental Impact Assessment. – Proposals for activities which are outside the scope
of the management plan for protected areas shall be subject to an environmental impact assessment
as required by law before they are adopted, and the results thereof shall be taken into consideration in
the decision-making process.

No actual implementation of such activities shall be allowed without the required Environmental
Compliance Certificate (ECC) under the Philippine Environmental Impact Assessment (EIA) system. In
instances where such activities are allowed to be undertaken, the proponent shall plan and carry them
out in such manner as will minimize any adverse effects and take preventive and remedial action when
appropriate. The proponent shall be liable for any damage due to lack of caution or indiscretion.
Section 13. Ancestral Lands and Rights Over Them. – Ancestral lands and customary rights and
interest arising shall be accorded due recognition. The DENR shall prescribe rules and regulations to
govern ancestral lands within protected areas: Provided, that the DENR shall have so power to evict
indigenous communities from their present occupancy nor resettle them to another area without their
consent: Provided, however, That all rules and regulations, whether adversely affecting said
communities or not, shall be subjected to notice and hearing to be participated in by members of
concerned indigenous community.

Section 14. Survey for Energy Resources. – Consistent with the policies declared in Section 2 hereof,
protected areas, except strict nature reserves and natural parks, may be subjected to exploration only
for the purpose of gathering information on energy resources and only if such activity is carried out with
the least damage to surrounding areas. Surveys shall be conducted only in accordance with a program
approved by the DENR, and the result of such surveys shall be made available to the public and
submitted to the President for recommendation to Congress. Any exploitation and utilization of energy
resources found within NIPAS areas shall be allowed only through a law passed by Congress.

Section 15. Areas Under the Management of Other Departments and Government Instrumentalities. –
Should there be protected areas, or portions thereof, under the jurisdiction of government
instrumentalities other than the DENR, such jurisdiction shall, prior to the passage of this Act, remain
in the said department or government instrumentality; Provided, That the department or government
instrumentality exercising administrative jurisdiction over said protected area or a portion thereof shall
coordinate with the DENR in the preparation of its management plans, upon the effectivity of this Act.

Section 16. Integrated Protected Areas Fund. – There is hereby established a trust fund to be known
as Integrated Protected Areas (IPAS) Fund for purposes of financing projects of the System. The IPAS
may solicit and receive donations, endowments, and grants in the form of contributions, and such
endowment shall be exempted from income or gift taxes and all other taxes, charges or fees imposed
by the Government or any political subdivision or instrumentality thereof.

All incomes generated from the operation of the System or management of wild flora and fauna shall
accrue to the Fund and may be utilized directly by the DENR for the above purpose. These incomes
shall be derived from:

a. Taxes from the permitted sale and export of flora and fauna and other resources from
protected areas;

b. Proceeds from lease of multiple use areas;

c. Contributions from industries and facilities directly benefiting from the protected area; and

d. Such other fees and incomes derived from the operation of the protected area.
Disbursements from the Funds shall be made solely for the protection, maintenance,
administration, and management of the System, and duly approved projects endorsed by the
PAMBs, in the amounts authorized by the DENR.

Section 17. Annual Report to Congress. – At the opening of each session of Congress, the DENR shall
report to the President, for transmission to Congress, on the status of the System, regulation in force
and other pertinent information, together with recommendations.

Section 18. Field Officers. – All officials, technical personnel and forest guards employed in the
integrated protected area service or all persons deputized by the DENR, upon recommendation of the
Management Board shall be considered as field officers and shall have the authority to investigate and
search premises and buildings and make arrests in accordance with the rules on criminal procedure for
the violation of laws and regulations relating to the protected areas. Persons arrested shall be brought
to the nearest police precinct for investigation.

Nothing herein mentioned shall be construed as preventing regular law enforcers and police officers
from arresting any person in the act of violating said laws and regulations.
Section 19. Special Prosecutors. – The Department of Justice shall designate special prosecutors to
prosecute violations of laws, rules and regulations in protected areas.

Section 20. Prohibited Acts. – Except as may be allowed by the nature of their categories and pursuant
to rules and regulations governing the same, the following acts are prohibited within protected areas:

a. Hunting, destroying, disturbing, or mere possession of any plants or animals or products

derived therefrom without a permit from the Management Board;

b. Dumping of any waste products detrimental to the protected area, or to the plants and
animals or inhabitants therein;

c. Use of any motorized equipment without a permit from the Management Board;

d. Mutilating, defacing or destroying objects of natural beauty, or objects of interest to cultural

communities (of scenic value);

e. Damaging and leaving roads and trails in a damaged condition;

f. Squatting, mineral locating, or otherwise occupying any land;

g. Constructing or maintaining any kind of structure, fence or enclosures, conducting any

business enterprise without a permit;

h. Leaving in exposed or unsanitary conditions refuse or debris, or depositing in ground or in

bodies of water; and

i. Altering, removing destroying or defacing boundary marks or signs.

Section 21. Penalties. – Whoever violates this Act or any rules and regulations issued by the
Department pursuant to this Act or whoever is found guilty by a competent court of justice of any of the
offenses in the preceding section shall be fined in the amount of not less than Five thousand pesos
(P5,000) nor more than Five hundred thousand pesos (P500,000), exclusive of the value of the thing
damaged or imprisonment for not less than one (1) year but not more than six (6) years, or both, as
determined by the court: Provided, that, if the area requires rehabilitation or restoration as determined
by the court, the offender shall be required to restore or compensate for the restoration to the damages:
Provided, further, that court shall order the eviction of the offender from the land and the forfeiture in
favor of the Government of all minerals, timber or any species collected or removed including all
equipment, devices and firearms used in connection therewith, and any construction or improvement
made thereon by the offender. If the offender is an association or corporation, the president or manager
shall be directly responsible for the act of his employees and laborers: Provided, finally, that the DENR
may impose administrative fines and penalties consistent with this Act.

Section 22. Separability Clause. – If any part or section of this Act is declared unconstitutional, such
declaration shall not affect the other parts or sections of this Act.

Section 23. Repealing Clause. – All laws, presidential decrees, executive orders, rules and regulations
inconsistent with any provisions of this Act shall be deemed repealed or modified accordingly.

Section 24. Effectivity Clause. – This Act shall take effect fifteen (15) days after its complete publication
in two (2) newspapers of general circulation.
 Republic Act No. 8749
Philippines Clean Air Act of 1999
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 One
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.

Section 3. Declaration of Policies. - The State shall pursue a policy of balancing development and
environmental protection. To achieve this end, the frame work 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 through 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 and 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 principles of sustainable
development;

(c) The right to participate in the formulation, planning, implementation and monitoring of
environmental policies and programs and in the decision-making 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.

Article Two
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 geographic-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,
chlorofluorocarbons, and the like;

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) longterm 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 goods;

n) "Motor vehicle" means any vehicle propelled by a gasoline or diesel engine or by any means
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 anti-knock
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)" means those substances that significantly deplete or
otherwise modify the ozone layer in a manner that is likely to result in adverse effects of human
health and the environment such as, but not limited to, chloroflourocarbons, halons and the like;

s) "Persistent Organic Pollutants (POPs)" means 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;

t) "Poisonous and toxic fumes" means any emissions and fumes which are beyond
internationally - accepted standards, including but not limited to the 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 standards established by the Department;

v) "Pollution control technology" means the pollution control devices, production process, 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 One
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 Sec. 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.

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 undertaken within a specified time period,
including cost-effective use of economic incentives, management strategies, collective actions, 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 Sec. 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
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 non-attainment 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.

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 LGU’s, 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 Sec. 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
emission limitations contained in their permits.

Section 9. Airsheds. - Pursuant to Sec. 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 f) Representatives from the private sector.

belonging to the airshed;
The Board shall perform the following functions:
b) City/Municipal Mayors from areas
belonging to the airshed; a) Formulation of policies;

c) A representative from each concerned b) Preparation of a common action plan;

government agency;
c) Coordination of functions among its
d) Representatives from people’s members; and
organizations;
d) Submission and publication of an
e) Representatives from non-government annual Air Quality Status Report for each
organizations; and airshed.

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 Non-attainment Areas. - The Department shall designate areas where
specific pollutants have already exceeded ambient standards as non-attainment areas. The Department
shall prepare and implement a program that will prohibit new sources of exceeded air pollutant without
a corresponding reduction in existing resources.

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 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
nonconventional and toxic pollutants; and

(c) Alternative fuels, processes and operating methods which will result in the eliminator 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.

Republic Act No. 9275

The Philippine Clean Water Act

 Why the need for the Clean Water Act?

As early as 1996, monitoring of the country’s rivers showed that only 51% of the classified rivers still
met the standards for their most beneficial use. The rest were already polluted from domestic, industrial
and agricultural sources.

Most studies point to the fact that domestic wastewater is the principal cause of organic pollution (at
48%) of our water bodies. Yet, only 3% of investments in water supply and sanitation were going to
sanitation and sewage treatment.

A recent World Bank report pointed out that Metro Manila was second to the lowest in sewer
connections among major cities in Asia and less than 7% compared to 20% for Katmandu, Nepal and
30% for Dhaka, Bangladesh.

Thirty-one percent (31%) of all illnesses in the country are attributed to polluted waters. Clearly, to
ensure access to clean water for all Filipinos, it was imperative that government put together a
comprehensive strategy to protect water quality.
  What is the Clean Water Act?

The Philippine Clean Water Act of 2004 (Republic Act No. 9275) aims to protect the country’s water
bodies from pollution from land-based sources (industries and commercial establishments, agriculture
and community/household activities). It provides for a comprehensive and integrated strategy to prevent
and minimize pollution through a multi-sectoral and participatory approach involving all the
stakeholders.

Highlights of the Clean Water Act

 How will water quality be managed?

Management of water quality will either be based on watershed, river basin or water resources region.
Water quality management areas with similar hydrological, hydrogeological, meteorological or
geographic conditions which affect the reaction and diffusion of pollutants in water bodies are to be
designated by the DENR in coordination with the National Water Resources Board (NWRB).

 Who will manage these areas?

Management will be localized. Multi-sectoral governing boards will be established to manage water
quality issues within their jurisdiction.

 Who are the members of the Governing Boards?

Governing Boards shall be composed of representatives of mayors and governors as well as local
government units, representatives of relevant national government agencies, duly registered non-
government organizations, the concerned water utility sector and the business sector.

 What are the functions of the Governing Boards?

The Governing Boards will formulate strategies to coordinate policies necessary for the effective
implementation of this Act. They will create a multi-sectoral group to establish and effect water quality
surveillance and monitoring.

 How will discharges of wastewater be controlled?

All owners or operators of facilities that discharge wastewater are required to get a permit to discharge
from the DENR or the Laguna Lake Development Authority. Existing industries without any permit are
given 12 months from the effectivity of the implementing rules and regulations (IRR) promulgated
pursuant to this Act to secure a permit to discharge.

 How will domestic wastewater be addressed?

The Department of Public Works and Highways (DPWH), in coordination with local government units
will prepare a national program on sewage and septage management not later than 12 months from
effectivity of this Act. A priority list will likewise be prepared which will be the basis for the allotment of
funds on an annual basis by the national government for the construction and rehabilitation of required
facilities.

On the other hand, LGUs are to provide the land including road right of the way for the construction of
sewage and/or septage treatment facilities and raise funds for the operations and maintenance of said
facilities.

The Department of Health (DOH) will formulate guidelines and standards for the collection, treatment
and disposal of sewage as well as the guidelines for the establishment and operation of centralized
sewage treatment system. The MWSS and other agencies mandated to provide water supply and
sewerage facilities are required to connect existing sewage lines, subject to the payment of sewerage
service charges/fees within five years following effectivity of this Act.

All sources of sewage and septage are required to comply with the law.

 How will the discharge of wastewater be discouraged?

Anyone discharging wastewater into a water body will have to pay a wastewater charge. This economic
instrument which will be developed in consultation with all concerned stakeholders is expected to
encourage investments in cleaner production and pollution control technologies to reduce the amount
of pollutants generated and discharged.

Effluent trading per management area will also be allowed.

Rewards will also be given to those whose wastewater discharge is better than the water quality criteria
of the receiving body of water. Fiscal and non-fiscal incentives will also be given to LGUs, water districts,
enterprise, private entities and individuals who develop and undertake outstanding and innovative
projects in water quality management.

 What safeguards are provided for?

All possible dischargers are required to put up an environmental guarantee fund (EGF) as part of their
environmental management plan. The EGF will finance the conservation of watersheds and aquifers,
and the needs of emergency response, clean up or rehabilitation.

 What are the prohibited acts under R.A. 9275?

Among others, the Act prohibits the following:

1. Discharging or depositing any water pollutant to the water body, or such which will
impede natural flow in the water body
2. Discharging, injecting or allowing to enter into the soil, anything that would pollute
groundwater
3. Operating facilities that discharge regulated water pollutants without the valid required
permits
4. Disposal of potentially infectious medical waste into sea by vessels
5. Unauthorized transport or dumping into waters of sewage sludge or solid waste.
6. Transport, dumping or discharge of prohibited chemicals, substances or pollutants
listed under Toxic Chemicals, Hazardous and Nuclear
7. Wastes Control Act (Republic.Act No. 6969)
8. Discharging regulated water pollutants without the valid required discharge permit
pursuant to this Act
9. Noncompliance of the LGU with the Water Quality Framework and Management Area
Action Plan
10. Refusal to allow entry, inspection and monitoring as well as access to reports and
records by the DENR in accordance with this Act
11. Refusal or failure to submit reports and/or designate pollution control officers whenever
required by the DENR in accordance with this Act
12. Directly using booster pumps in the distribution system or tampering with the water
supply in such a way to alter or impair the water quality
13. Operate facilities that discharge or allow to seep, willfully or through grave negligence,
prohibited chemicals, substances, or pollutantslisted under R.A. No. 6969, into water
bodies.
14. Undertake activities or development and expansion of projects, or operating
wastewater treatment/sewerage facilities in violation of P.D.1586 and its IRR.
  What are the fines and penalties imposed on polluters?

The following are among the fines and penalties for violators of this Act and its IRR:

Upon the recommendation of the Pollution Adjudication Board (PAB), anyone who commits prohibited
acts such as discharging untreated wastewater into any water body will be fined for every day of
violation, the amount of not less than Php 10,000 but not more than Php 200,000.

Failure to undertake clean-up operations willfully shall be punished by imprisonment of not less than
two years and not more than four years. This also includes a fine of not less than Php 50,000 and not
more than Php 100,000 per day of violation. Failure or refusal to clean up which results in serious injury
or loss of life or lead to irreversible water contamination of surface, ground, coastal and marine water
shall be punished with imprisonment of not less than 6 years and 1 day and not more than 12 years
and a fine of Php 500,000/day for each day the contamination or omission continues.

In cases of gross violation, a fine of not less than Php 500,000 but not more than Php 3,000,000 will be
imposed for each day of violation. Criminal charges may also be filed.

 Who should implement the Clean Water Act?

The DENR is the primary government agency responsible for the implementation and enforcement of
this Act, with the support of other government organizations, local government units, non -government
organizations and the private sector.

Towards this end, the DENR will review and set affluent standards, review and enforce water quality
guidelines, classify groundwater sources and prepare a national groundwater vulnerability map, classify
or reclassify water bodies, establish internationally accepted procedures for sampling and analysis,
prepare an integrated water quality management framework and subsequently prepare 10-year
management plans for each water management area.

The roles of other key government agencies are:

• The Philippine Coast Guard shall enforce water quality standards in marine waters, specifically from
offshore sources.
• The Department of Public Works and Highways through its attached agencies shall provide
sewerage and sanitation facilities, and the efficient and safe collection, treatment and disposal of
sewage within their area of jurisdiction.
• The Department of Agriculture shall formulate guidelines for the re-use of wastewater for irrigation
and other agricultural uses and for the prevention, control and abatement of pollution from agricultural
and aquaculture activities.
• The Department of Health shall set, revise and enforce drinking water quality standards.
• The Department of Science and Technology shall evaluate, verify, develop and disseminate
pollution prevention and cleaner production technologies.
• The Department of Education, Commission on Higher Education, Department of Interior and Local
Government, and the Philippine Information Agency shall prepare and implement a comprehensive
and continuing public education and information program.