PRESIDENTIAL DECREE

No. 1152

Subject: PHILIPPINE ENVIRONMENT CODE

WHEREAS, the broad spectrum of environment has become a matter of vital

concern to the government;

WHEREAS, the national leadership has taken a step towards this direction by
creating the National Environment Protection Council under Presidential Decree No. 1121;

WHEREAS, it is necessary that the creation of the Council be complemented with the
launching of comprehensive program of environmental protection and management.

WHEREAS, such a program can assume tangible and meaningful significance only
by establishing specific environment management policies and prescribing environment
quality standards in a Philippine Environment Code.

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Republic of the

Philippines, by virtue of the powers vested in me by the Constitution, do hereby order and
decree:

Section 1. Short Title. - This Decree shall be known and cited as the
"Philippine Environment Code."

TITLE I
Air Quality Management

Section 2. Purposes. - The purposes of this Title are:

a) to achieve and maintain such levels of air quality as to protect public health and
b) to prevent to the greatest extent practicable, injury and/or damage to plant and
animal life and property, and promote the social and economic development of
the country.

CHAPTER I
Standards

Section 3. Ambient Air Quality Standards. - There shall be established

ambient air quality standards which shall prescribe the maximum concentration of air
pollutants permissible in the atmosphere consistent with public health, safety and general
welfare.

In the establishment of ambient air quality standards, factors such as local

atmospheric conditions, location and land use, and available technology, shall be
considered among others.

Section 4. National Emission Standards. - There shall be established national

emission standards for new and existing stationary and mobile sources of pollution which

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shall consider among others such factors as type of industry, practicable control technology
available, location and land use, and the nature of pollutants emitted.

Section 5. Community Noise Standards. - Appropriate standards for

community noise levels shall be established considering, among others, location, zoning and
land use classification.

Section 6. Standards for Noise-Producing Equipment. - There shall be

established a standard for noise-producing equipment such as construction equipment,
transportation equipment, stationary engines, and electrical or electronic equipment and
such similar equipment or contrivances. The standard shall set a limit on the acceptable
level of noise emitted from a given equipment for the protection of public health and welfare,
considering among others, the magnitude and condition of use, the degree of noise
reduction achievable through the application of best available technology and the cost of
compliance.

The installation of any noise-producing equipment shall conform with the

requirements of Presidential Decree No. 1096 and other applicable laws as well as their
implementing rules and regulations.

Section 7. Aircraft Emission and Sonic Booms. - Appropriate government

agencies shall encourage research studies on the harmful effects of aircraft emissions in the
environment in order to establish permissible emission standards.

Research and studies shall also be undertaken to mitigate and/or minimize the
effects of sonic booms in the environment.

CHAPTER II
Regulation and Enforcement

Section 8. Air Quality and Noise Standards. - National Pollution Control

Commission in coordination with appropriate government agencies shall be responsible for
the enforcement of ambient air quality emission and noise standards, including the
monitoring and surveillance of air pollutants, licensing and permitting of air pollution control
facilities, and the promulgation of appropriate rules and regulations.

Existing air quality emission and noise standards may be revised and/or modified
consistent with new development and technology.

Section 9. Aircraft Noise. - Community noise standards around airports shall

be implemented by the Civil Aeronautics Administration in coordination with the National
Pollution Control Commission.

Section 10. Vehicular Emissions. - The Land Transportation Commission,

shall implement emission standards for vehicles and may deputize other appropriate law
enforcement agencies for the purpose.

Section 11. Radioactive Emissions. - The release and emission of

radioactivity into the environment incident to the establishment or possession of nuclear
energy facilities and radioactive materials, handling, transport, production, storage, use and
disposal of radio active materials shall be regulated by the Philippine Atomic Energy
Commission in coordination with other appropriate government agencies.
 CHAPTER III
Monitoring

Section 12. Air Quality Monitoring. - The National Pollution Control

Commission in coordination with appropriate government agencies, shall establish to the
greatest extent practicable an air quality monitoring network. Such air quality monitoring
network shall put to maximum use the capabilities of these agencies.

The National Environmental Protection Council shall be furnished with the results of
air quality monitoring activities.

Section 13. Weather Modification. - The Philippine Atmospheric Geophysical

and Astronomical Services Administration shall monitor regularly meteorological factors
affecting environmental conditions in order to effectively guide air pollution monitoring
activities.

Activities relating to weather modification such as rainfall stimulation and storm

seeding experiments shall be undertaken in consultation or coordination with the Philippine
Atmospheric, Geophysical and Astronomical Services Administration.

TITLE II
Water Quality Management

Section 14. Purpose. - It is the purpose of this Title to prescribe management

guidelines aimed to protect and improve the quality of Philippine water resources through:

a) classification of Philippine waters,

b) establishment of water quality standards;
c) protection and improvement of the quality of Philippine water resources, and
d) responsibilities for surveillance and mitigation of pollution incidents.

CHAPTER I
Classification Standards

Section 15. Classification of Philippine Waters. - The National Pollution

Control Commission, in coordination with appropriate government agencies, shall classify
Philippine waters, according to their best usage. In classifying said waters, the National
Pollution Control Commission shall take into account, among others, the following:

a) the existing quality of the body of water at the time of classification;

b) the size , depth, surface area covered, volume, direction, rate of flow, gradient of
stream; and
c) the most beneficial uses of said bodies of water and lands bordering them such
as residential, agricultural, commercial, industrial, navigational, recreational, and
aesthetic purposes.
 Section 16. Reclassification of Waters Based on Intended Beneficial Use. -
Where the public interest so requires, the National Pollution Control Commission, in
coordination with appropriate government agencies, shall reclassify a body of water based
on the intended beneficial use and take such steps as may be necessary to upgrade the
quality of said water. Other government agencies may adopt higher standards for a
particular body of water, subject to the approval of the National Pollution Control
Commission.

Section 17. Upgrading of Water Quality. - Where the quality of water has
deteriorated to a degree where its state will adversely affect its best usage, the government
agencies concerned shall take such measures as may be necessary to upgrade the quality
of such water to meet the prescribed water quality standards.

Section 18. Water Quality Standards. - The National Pollution Control

Commission shall prescribe quality and effluent standards consistent with the guidelines set
by the National Environmental Protection Council and the classification of waters prescribed
in the preceding sections, taking into consideration, among others, the following:

a) the standard of water quality or purity may vary according to beneficial uses; and
b) the technology relating to water pollution control.

CHAPTER II
Protection and Improvement of Water Quality

Section 19. Enforcement and Coordination. - The production, utilization,

storage and distribution of hazardous, toxic and other substances such as radioactive
materials, heavy metals, pesticides, fertilizers, and oils, and disposal, discharge and
dumping of untreated wastewater, mine-tailings and other substances that may pollute any
body of water of the Philippines resulting from normal operations of industries, water-borne
sources, and other human activities, as well as those resulting from accidental spills and
discharges shall be regulated by appropriate government agencies pursuant to their
respective charters and enabling legislation. In the performance of the above functions, the
government agencies concerned shall coordinate with the National Environmental Protection
Council and furnish the latter with such information as may be necessary to enable it to
attain its objectives under Presidential Decree No. 1121.

Section 20. Clean-up Operations. - It shall be the responsibility of the polluter

to contain, remove and clean-up water pollution incidents at his own expense. In case of his
failure to do so, the government agencies concerned shall undertake containment, removal
and clean-up operations and expenses incurred in said operations shall be against the
persons and/or entities responsible for such pollution.

Section 21. Water Quality Monitoring and Surveillance. - The various

government agencies concerned with environmental protection shall establish to the greatest
extent practicable a water quality surveillance and monitoring network with sufficient stations
and sampling schedules to meet the needs of the country. Said water quality surveillance
network shall put to maximum use the capabilities of such government agencies. Each
agency involved in such network shall report to the National Environment Protection Council
the results of these monitoring activities as the need arises.
 TITLE III
Land Use Management

Section 22. Purposes. - The purposes of this Title are:

a) to provide a rational, orderly and efficient acquisition, utilization and disposition

of land and its resources in order to derive therefrom maximum benefits; and
b) to encourage the prudent use and conservation of land resources in order to
prevent an imbalance between the nation's needs and such resources.

Section 23. National Land Use Scheme. - The Human Settlements

Commission, in coordination with the appropriate agencies of the government, shall
formulate and recommend to the National Environmental Protection Council a land use
scheme consistent with the purpose of this Title.

The Land Use Scheme shall include among others, the following:

a) a science-based and technology-oriented land inventory and classification

system;
b) a determination of present land uses, the extent to which they are utilized, under-
utilized, rendered idle or abandoned;
c) a comprehensive and accurate determination of the adaptability of the land for
community development, agriculture, industry, commerce, and other fields of
endeavor;
d) a method of identification of areas where uncontrolled development could result
in irreparable damage to important historic, cultural, or aesthetic values, or nature
systems or processes of national significance;
e) a method for exercising control by the appropriate government agencies over the
use of land in area of critical environmental concern and areas impacted by public
facilities including, but not limited to, airports, highways, bridges, ports and
wharves, buildings and other infrastructure projects;
f) a method to ensure the consideration of regional development and land use in
local regulations;
g) a policy for influencing the location of new communities and methods for assuring
appropriate controls over the use of land around new communities;
h) a system of controls and regulations pertaining to areas and development
activities designed to ensure that any source of pollution will not be located where
it would result in a violation of any applicable environmental pollution control
regulations, and
i) a recommended method for the periodic revisions and updating of the national
land use scheme to meet changing conditions.

Section 24. Location of Industries. - In the location of industries, factories,

plants, depots and similar industrial establishments, the regulating or enforcing agencies of
the government shall take into consideration the social, economic, geographical and
significant environmental impact of said establishment.
 TITLE IV
Natural Resources Management and Conservation

Section 25. Purposes. - The purposes of this Title are:

a) to provide the basics on the management and conservation of the country's

natural resources to obtain the optimum benefits therefrom and to preserve the
same for the future generations, and
b) to provide general measures through which the aforesaid policy may be carried
out effectively.

CHAPTER I
Fisheries and Aquatic Resources

Section 26. Management Policy. - The national government, through the

Department of Natural Resources, shall establish a system of rational exploitation of
fisheries and aquatic resources within the Philippine territory and shall encourage citizen
participation therein to maintain and/or enhance the optimum and continuous productivity of
the same.

Section 27. Measures for Rational Exploitation. - Measures for the rational
exploitation of fisheries and other aquatic resources may include, but shall not be limited to,
the following:

a) undertaking manpower and expertise development;

b) acquiring the necessary facilities and equipment,
c) regulating the marketing of threatened species of fish or other aquatic resources;
d) reviewing all existing rules and regulations on the exploitation of fisheries and
aquatic resources with a view of formulating guidelines for the systematic and
effective enforcement thereof; and
e) conserving the vanishing species of fish and aquatic resources such as turtles,
sea snakes, crocodiles, corals, as well as maintaining the mangrove areas,
marshes and inland areas, coral reef areas and islands serving as sanctuaries for
fish and other aquatic life.

CHAPTER II
Wildlife

Section 28. Management Policy. -- The national government, through the

Department of Natural Resources, shall establish a system of rational exploitation and
conservation of wildlife resources and shall encourage citizen participation in the
maintenance and/or enhancement of their continuous productivity.
 Section 29. Measures for Rational Exploitation. - Measures for rational
exploitation of wildlife resources may include, but shall not be limited to, the following:

a) regulating the marketing of threatened wildlife resources;

b) reviewing all existing rules and regulations on the exploitation of wildlife
resources with a view of formulating guidelines for the systematic and effective
enforcement thereof; and
c) conserving the threatened species of fauna, increasing their rate of production,
maintaining their original habitat, habitat manipulation, determining bag/cree
limits, population control in relation to the carrying capacity of any given area,
banning of indiscriminate and/or destructive means of catching or hunting them.

CHAPTER III
Forestry and Soil Conservation

Section 30. Management Policy for Forestry. - The national government,

through the Department of Natural Resources, shall undertake a system of rational
exploitation of forest resources and shall encourage citizen participation therein to keep the
country's forest resources at maximum productivity at all times.

Section 31. Measures for Rational Exploitation of Forest Resources. -

Measures for the rational exploitation of forest resources may include, but shall not be
limited to the following:

a) regulating the marketing of threatened forest resources;

b) reviewing all existing rules and regulations on the exploitation of forest resources
with a view of formulating guidelines for the systematic and efficient enforcement
thereof;
c) conserving threatened species of flora as well as increasing their rate of
propagation; the banning of destructive modes of exploitation, kaingin, making or
shifting cultivation, indiscriminate harvesting of minor forest products; the
recycling methods of waste materials; and
d) carrying out a continuing effort on reforestation, timber stand improvement, forest
protection, land classification, forest occupancy management, agri-silviculture,
range management, agri-silvicultural/kaingin management, industrial tree
plantation, parks and wildlife management, multiple use forest, timber
management and forest research.

Section 32. Management Policy on Soil Conservation. - The national

government, through the Department of Natural Resources and the Department of
Agriculture, shall likewise undertake a soil conservation program including therein the
identification and protection of critical watershed areas, encouragement of scientific farming
techniques, physical and biological means of soil conservation, and short-term and long-term
researches and technology for effective soil conservation.

Section 33. Use of Fertilizers and Pesticides. - The use of fertilizers and
pesticides in agriculture shall be regulated, prescribing therefor a tolerance level in their use.
Their use shall be monitored by appropriate government agencies to provide empirical data
for effective regulation.
 CHAPTER IV
Flood Control and Natural Calamities

Section 34. Measures in Flood Control Program. - In addition to the pertinent

provisions of existing laws, the following shall be included in a soil erosion, sediment and
flood control program:

a) the control of soil erosion on the banks of rivers, the shores or Lakes, and the
sea-shores;
b) the control of flow and flooding in and from rivers and lakes;
c) the conservation of water which, for purposes of this Section shall mean forms of
water, but shall not include captive water;
d) the needs of fisheries and wildlife and all other recreational uses of natural
water;
e) measures to control the damming, diversion, taking, and use of natural water, so
far as any such act may affect the quality and availability of natural water for
other purposes; and
f) measures to stimulate research in matters relating to natural water and soil
conservation and the application of knowledge thereby acquired.

Section 35. Measures to Mitigate Destructive Effects of Calamities. - The

national government, through the Philippine Atmospheric, Geophysical and Astronomical
Services Administration, shall promote intensified and concerted research efforts on weather
modification, typhoon, earthquake, tsunami, storm surge, and other tropical natural
phenomena in order to bring about any significant effect to mitigate or prevent their
destructive effects.

CHAPTER V
Energy Development

Section 36. Policy. - Consistent with the environmental protection policies, the
national government, through the Energy Development Board, shall undertake an energy
development program encouraging therein the utilization of invariant sources such as solar,
wind and tidal energy.

Section 37. Measures for Energy Development. - Measures for energy

development program may include, but shall not be limited to, the following:

a) setting up pilot plants utilizing invariant sources of energy;

b) training of technical personnel for purposes of energy development; and
c) concluding researches aimed at developing technology for energy development.

Section 38. Safety Measures on Energy Development. - Rules and

regulations shall be promulgated to prevent or mitigate the adverse effects of energy
development on the environment. For this purpose, all nuclear powered plants and plants
exploring and utilizing geothermal energy, whether owned or controlled by private or
government entities shall:
 a) observe internationally accepted standards of safety: and
b) provide safety devices to ensure the health and welfare of their personnel as well
as the surrounding community.

CHAPTER VI
Conservation and Utilization of Surface Ground Waters

Section 39. Management Policy. - In addition to existing laws, the national

government through the National Water Resources Council in coordination with other
appropriate government agencies, shall prescribe measures for the conservation and
improvement of the quality of Philippine water resources and provide for the prevention,
control and abatement of water pollution.

CHAPTER VII
Mineral Resources

Section 40. Management Policy. - The national government, through the

Department of Natural Resources, shall undertake a system of gainful exploitation and
rational and efficient utilization of mineral resources and shall encourage citizen participation
in this endeavor.

Section 41. Measure for Exploitation and Utilization of Mineral Resources. -

Measure for the gainful exploitation and rational and efficient utilization of such mineral
resources may include, but shall not be limited to, the following:

a) increasing research and development in mineral resources technology;

b) training of additional technical manpower needed in geology, geophysics, mining
engineering, and related fields;
c) regulating the exploitation of identified mineral reserves;
d) accelerating the exploitation of undiscovered mineral deposits; and
e) encouraging the establishment of processing plants for refined metal.