UNIVERSITY OF MINDANAO

College of Engineering Education

Matina, Davao City

LAWS AND ETHICS FOR CHEMICAL ENGINEERS

ChE 545A

Submitted to:
ENGR. DEXTER TAGUDING
Engineering Professor

Submitted by:
Baje, Rogene
Bonaos, Meshiel
Cañon, Lizette
Cortez, Hyacinth Mae
Cuizon, Christine
Fabroa, Ed Niño
Ferolin, Billy John
Damaso, Varjeonesa
Guimbal, Jorey Joshua
Guimte, Charina
Ortuoste, Kimberly
Palban, Paul Christian
Palmes, Shara
Panogan, Casey Lyn
Pastorin, Daniel John

SEPTEMBER 2017
 ChE 545A Laws and Ethics for Chemical Engineers

TABLE OF CONTENTS

Page

TITLE PAGE i

TABLE OF CONTENTS 1

CHAPTER

I Patent Law 2

II Philippines Patent Law 9

III Environmental Impact Assessment in the 34

Philippines

IV Clean Air Act 84

REFERENCES 93

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CHAPTER 1

Patent Law

What is a Patent?

A Patent is a grant issued by the government through the Intellectual

Property Office of the Philippines (IP Philippines). It is an exclusive right

granted for a product, process or an improvement of a product or process

which is new, inventive and useful. This exclusive right gives the inventor the

right to exclude others from making, using, or selling the product of his

invention during the life of the patent.

A patent has a term of protection of twenty (20) years providing an

inventor significant commercial gain. In return, the patent owner must share

the full description of the invention. This information is made available to the

public in the form of the Intellectual Property Official Gazette and can be

utilized as basis for future research and will in turn promote innovation and

development.

Patentable Inventions

• A technical solution to a problem

• In any field of human activity

• It must be new

• it must involve an inventive step

• it must be industrially applicable

Statutory Classes of Invention

• A useful machine

• A product or composition

• A method or process, or

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• An improvement of any of the foregoing

• Microorganism

• Non-biological & microbiological process

Non-Patentable Inventions

• Discovery

• Scientific theory

• Mathematical methods

• Scheme, rule and method of

• performing mental act

• playing games

• doing business

• program for computer

• Method for treatment – human or animal body by surgery or therapy &

diagnostic method

• Plant variety or animal breed or essentially biological processes for the

production of plants and animals

• Aesthetic creation

• Contrary to public order or morality

Who may apply for a Patent?

• Natural person

• Juridical person

• A body of persons, a corporation, a partnership, or other legal entity

recognized by law

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Requirements for Filing a Patent

1. Request for the Grant of Patent

2. Description of the Invention (Specification and Claim/s)

3. Drawings necessary for the Invention (if any)

4. Filing Fee

Contents of the Specification

1. Title of the Invention

2. Abstract of the Disclosure

3. Background of the Invention

4. Summary of the Invention

5. Brief Description of the Drawings

6. Detailed Description

7. Claim/s

COPYRIGHT

Copyright is a collection of all rights enjoyed by the creator and/or an

author of an artistic or literary work.

What are considered copyrightable works in the Philippines?

Under Philippine law, original intellectual creations in the literary and

artistic domain are copyrightable.

These include books, pamphlets, articles and other writings; periodicals

and newspapers; lectures, sermons, addresses, dissertations prepared for

oral delivery; letters; dramatic or dramatic-musical compositions;

choreographic works or entertainment in dumb shows; musical compositions;

drawing, painting, architecture, sculpture, engraving, lithography; models or

designs for works of art; original ornamental designs or models for articles of

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manufacture; illustrations, maps, plans, sketches, charts and three-

dimensional works relative to geography, topography, architecture or science;

drawings or plastic works of a scientific or technical character; photographic

works including works produced by a process analogous to photography;

lantern slides; audiovisual works and cinematographic works and works

produced by a process analogous to cinematography or any process for

making audio-visual recordings; pictorial illustrations and advertisements and

computer programs.

Derivative works are also protected as new works, provided that it does

not affect the existing copyright on original works. Derivative works may

include: dramatizations, translations, adaptations, abridgements,

arrangements, and other alterations of literary music work; collections of

literary, scholarly or artistic works, and compilations of data and other

materials which are original by reason of the selection or coordination or

arrangement of their contents.

What works are not protected by copyright under Philippine law?

Copyright protection does not cover:

1. Idea, procedure, system method or operation, concept, principle,

discovery of mere data as such, even if they are expressed, explained,

illustrated or embodied in a work;

2. News of the day and other miscellaneous facts having the character of

mere items of press information;

3. Official text of a legislative, administrative or legal nature, as well as

any official translation thereof;

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4. Work of the Philippine Government, unless there was a prior approval

by the appropriate government agency; and

5. Statutes, rules and regulations, and speeches, lectures, sermons,

addresses, and dissertations, pronounced, read or rendered in courts

of justice, before administrative agencies, in deliberative assemblies

and in meetings of public character.

What constitutes copyright infringement in the Philippines?

Under Philippine law, copyright infringement occurs when there is a

violation of any of the exclusive economic or moral rights granted to the

copyright owner.

What are the remedies available to an owner of a copyright against an

infringer?

The copyright owner can file a criminal, civil or administrative action for

copyright infringement. A criminal case for copyright infringement must be

filed in the court situated in the place where the violation occurred. The

administrative suit is filed at the Bureau of Legal Affairs at the Intellectual

Property Office of the Philippines. A civil infringement lawsuit is filed in the

appropriate court located at the place where the defendant resides/is located,

or where the plaintiff resides/is located, at the option of the plaintiff.

What are the penalties provided by Philippine law for copyright

infringement?

Under Philippine law, copyright infringement is punishable by the following:

1. Imprisonment of between 1 to 3 years and a fine of between 50,000 to

150,000 pesos for the first offense.

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2. Imprisonment of 3 years and 1 day to six years plus a fine of between

150,000 to 500,000 pesos for the second offense.

3. Imprisonment of 6 years and 1 day to 9 years plus a fine ranging from

500,000 to 1,500,000 pesos for the third and subsequent offenses.

4. The offending party may also be ordered to pay civil damages.

5. Injunction and destruction of the infringing goods or products can also

be obtained.

TRADEMARK

The term ‘trademark’ is used to mean a visual symbol, which indicates

the source of product or services. It entails signature, name, label, logo,

slogan, combination of colours, numerals, or any of these elements, used to

distinguish the product or service from other similar goods or services.

In short, a trademark is a distinctive sign, which recognises certain

goods or services, produced under a specific brand name. It is used to

provide protection to the mark owner, by granting exclusive right for using it or

to authorise another party to use it for adequate consideration.

One can register the trademark with the appropriate authority for

availing its use over a number of years. The period of protection differs.

However, it can be renewed end number of times, by paying additional fees.

One of the major advantages of the trademark is that the protection hampers

the efforts made by unfair competitors, i.e. counterfeiters, to use a similar

mark to sell the inferior quality product.

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Table 1 Comparison between Trademark and Patent

Basis for Comparison Trademark Patent

Trademark connotes a
Patent is described as the
symbol, which is used by the
monopoly conferred by
companies to distinguish
Meaning the government, for a set
their products or services
period over a new and
from those of the
useful invention.
competitors.
Marks or symbols on goods,
Applicable to which represent the brand Inventions of any kind.
offering the item.
Protects goodwill tied with Ideas, which are turned to
Protection
the mark. reality.
Novelty and non-
Awarded for Distinctivenes
obviousness
Other from using a mark Others from producing,
Prevents which too nearly resembles using or selling the
with the company’s mark. patented product.
Registration Discretionary Compulsory

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CHAPTER 2

Philippines Patent Law

Within the Philippines, multiple laws have been passed towards

maintaining the integrity and order of patents. The main law in the Philippines

is Republic Act No. 8293 or the "Intellectual Property Code of the Philippines",

however there exists multiple amendments towards certain articles in this law.

Republic Act No. 8293: The Intellectual Property Code of the Philippines

It is the primary law with regards to the copyright law of the

Philippines as well as the establishment of the Intellectual Property Office of

the Philippines. The law lays down the rules and regulations that grant, and

enforce patents in the Philippines. Patents may be granted to technical

solutions such as inventions, machines, devices, processes, or an

improvement of any of the foregoing. The technical solution must be novel,

innovative, and industrially useful. In order for a technical solution to be

granted a patent, the inventor must file an application to the Bureau of

Patents, which will examine, and in some cases, grant its approval.

Who has the right to a patent?

The right to a patent belongs to the inventor, his heirs or assigns.

When two or more persons have jointly made an invention, the right to a

patent belongs to the inventors jointly.

If two or more persons have made the invention separately and independently

of each other, the right to the patent belongs to the person who filed an

application for such invention, or where two or more applications are filed for

the same invention, the applicant who has the earliest filing date, or the

earliest priority date.

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The person who commissions the work has the right to the patent, unless

otherwise provided in the contract. If an employee creates the invention in the

course of his employment, the right to the patent belongs to:

1. the employee, if the inventive activity is not part of his regular duties

even if the employee uses the time, facilities and materials of the

employer; or

2. the employer, if the invention is the result of the performance of the

employee’s regularly assigned duties, unless there is an agreement,

express or implied, to the contrary.

What are the requirements to patent an invention in the Philippines?

For an invention to be patentable, it must be a technical solution to a

problem in any field of human activity. The invention must also be new,

involves an inventive step, and is industrially applicable.

What are the things that are not patentable?

 Section 22.2 of the Intellectual Property Code of the Philippines

provides that computer software or programs are not patentable.

Computer software or programs are protected by copyright under

Section 172(n) of the IP Code.

 Plant breeds, animal breeds or any biological processes for the

production of plants and animals are not patentable in the Philippines.

 Natural products in exactly the same form as they are found in nature

are not patentable in the Philippines. However, it is possible to patent a

product originating from nature that is in a form that does not occur

naturally.

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TYPES OF PATENT

1. Invention

An invention must be a technical solution to issues in any field of

human activity. It may come in many forms such as a product, a device, a

machine, or a process. The invention must meet the following criteria in order

to be considered as a patentable invention the solution:

 The solution must be new

 The solution must have an innovative step

 The solution must be industrially useful

Products, processes, or an improvement of the foregoing, may relate to

the technical solution. However, not all technical solutions may be considered

as patentable inventions (Part 2, Rule 202 of the Philippine Republic Act No.

8293). Examples of these are the following:

1. Aesthetic creations

2. Abstract Ideas

3. Discoveries, and other scientific theories

4. Methods of treatment for the animal body or human body

5. Animal breeds or plant varieties

6. Computer programs

7. Anything that is against public morality

2. Utility Model

Utility model is a technical solution to issues present in any field of

human activity. Utility models must also meet the criteria needed for

inventions to be patentable. Furthermore, Utility models must be of practical

utility through its form, configuration or composition. Novel tools and products

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are common examples of objects that can be considered as utility models.

The provisions that regulate the type of patentable inventions are also the

provisions used to regulate utility models (Part 2, Rule 202 of the Philippine

Republic Act No. 8293).

3. Industrial Design

An industrial design gives a product or handicraft a distinct look. It may

be 2-Dimensional (lines and colors), 3-Dimensional (shapes) or a combination

of both. There are however industrial designs that are not patentable.

Examples of these are the following:

1. Mere schemes or decorations that are not part of the product or

handicraft

2. Designs that are only present to obtain technical results

3. Anything that is against public morality, order and health

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Intellectual property (IP) refers to any creation or product of the human

mind or intellect. It can be an invention, an original design, a practical

application of a good idea, a mark of ownership such as trademark, literary

and artistic works, among other things. The term intellectual property rights

consists of (1) copyrights and related rights; (2) trademarks and service

marks; (3) geographic indications; (4) industrial designs; (5) patents; (6)

layout-designs (topographies) of integrated circuits; and (7) protection of

undisclosed information(IPOPHL, 2013).

Intellectual creations are deemed necessary for a successful business

since IPs allow the recognition and control over the commercialization of a

creation or invention. An effective IP system is vital to ensure the

development of domestic and creative activity, to facilitate the transfer of

technology, to attract foreign investment and to ensure market access for

products.

PHILIPPINE LAW

Within the Philippines, multiple laws have been passed towards

maintaining the integrity and order of patents. The main law in the Philippines

is Republic Act No. 8293 or the "Intellectual Property Code of the Philippines",

however there exists multiple amendments towards certain articles in this law.

Listed below are the major Philippine Laws directed towards patents and

patentability in the country:

Republic Act No. 8293

Republic Act No. 8293 [An Act Prescribing the Intellectual Property

Code and Establishing the Intellectual Property Office, Providing for Its

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Powers and Functions, and for Other Purposes] or the "Intellectual Property

Code of the Philippines" is the primary law with regards to the copyright law of

the Philippines as well as the establishment of the Intellectual Property Office

of the Philippines. Republic Act No. 8293 is an amendment of the Revised

Penal Code of the Philippines and was legislated in 1997. The Intellectual

Property Code of the Philippines encompasses Copyright and Related Rights,

Enforcement of IP and Related Laws, Geographical Indications, Industrial

Designs, Industrial Property, IP Regulatory Body, Layout Designs of

Integrated Circuits, Patents of Inventions, Trade Names, Trademarks,

Transfer of Technology, Undisclosed Information (Trade Secrets), and Utility

Models.

Significant features of the law:

1. A shift was made from the "first-to-invent system" under R. A. 165 (old law)

to "first-to-file system" under the new law.

2. In the case of inventions, the period of the grant was increased from 17

years from grant under the old law to 20 years from date of filing under the

new law.

3. In the case of utility models, the previous grant of 5 years plus renewals of

5 years each under the old law was changed to 7 years without renewal under

the new law.

4. In the case of industrial designs, the previous grant of 5 years plus

renewals of 5 years each was maintained.

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5. Under the old law, there was no opposition proceedings and the

examination is mandatory; under the new law, the examination is made only

upon request [possibly with or without examination].

6. Under the old law, publication is made after the grant; under the new law,

publication is effected after 18 months from filing date or priority date.

7. Under the old law, the penalties for repetition of infringement are:

PhP10,000 and/or 5 years of imprisonment and the offense prescribes in 2

years; under the present law, the penalties range from PhP100,000 to

PhP300,000 and/or 6 months to 3 years of imprisonment and the offense

prescribes in 3 years.

Major Amendments to Republic Act No. 8293

Republic Act No. 9502

Republic Act No. 9502 or the "Universally Accessible and Quality

Medicines Act of 2008" is an act that aims to provide cheaper and better

quality medicines to the Filipino people. It is an amendment of Republic Act

No. 8293, or the "Intellectual Property Code of the Philippines", Republic Act

No. 6675, or the "Generics Act of 1988", and Republic Act No. 5921, or the

"Pharmacy Law". The aim of Republic Act No. 9502 is to protect public health

and public interest on circumstances of extreme urgency by adopting

appropriate measures to promote and ensure access to affordable quality

drugs and medicines for all. The Universally Accessible and Quality Medicines

Act of 2008 also ensure that the Philippine Government will be able to

regulate the prices of drugs and medicines, in the event that there is no longer

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an effective competition in the supply and demand of quality affordable drugs

and medicines.

Thus, the following were included in the enumeration of what are considered

non-patentable inventions:

 the mere discovery of a new form or new property of a known

substance that does not result in the enhancement of the known

efficacy of the known substance;

 the mere discovery of any new property or new use for a known

substance;

 the mere use of a known process unless such known process results in

a new product that employs at least one new reactant; and

 the derivatives of a known substance, namely salts, esters, ethers,

polymorphs, metabolites, pure form, particle size, isomers, mixtures of

isomers, complexes, combinations, and other derivatives that will be

considered to be the same substance unless they differ significantly in

properties with regard to efficacy.

It is apparent that the purpose of enacting this legislation is to bring

down the cost of medicine by eliminating loopholes in the law on patents that

will allow the patentee to extend his exclusive rights to manufacture and sell

the patented drug and medicine beyond the normal life of a patent, which is

ordinarily 20 years from the date of the filing of the patent application. In RA

9502, the legislator has sought to add new items that will be considered as

non-patentable subject matter. These items were chosen based on the

awareness of the legislators of the perceived objectionable or predatory

practices of the owners of patents for drugs and medicines, who exploit broad

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provisions on the patentability of these products. Thus, they obtain patents on

enhancements or improvements on drugs that are no longer covered by any

patent and continue to sell them at very high prices.

Republic Act No. 10055

Republic Act No. 10055, also known as the "Philippine Technology

Transfer Act of 2009" is an act providing the framework and support system

for the ownership, management and commercialization of the intellectual

property generated from research and development funded by government

and for other purposes. Republic Act No. 10055 was implemented in

recognition of the fact that science, technology and innovation are essential

for national development and progress. This act gives priority to research and

development, invention, innovation and their utilization. It shall also encourage

the widest and most systematic participation of all stakeholders in policy-

making related to science and technology, and in the generation, transfer and

utilization of intellectual property, especially for the benefit of the general

public.

Due to this act, the Philippine Government shall facilitate the transfer

and promote the utilization of intellectual property for the national benefit and

shall call upon all research and development institutes and/or institutions that

perform government-funded research and development to take on technology

transfer as their strategic mission and to effectively translate results of

government-funded R&D into useful products and services that will redound to

the benefit of Filipinos, notwithstanding the income generated from intellectual

property rights (IPRs) and technology transfer activities. This act also ensures

on the proper management of intellectual property, development of capacity

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by RDIs to become self-sustaining and competitive, and on enhancing

interaction and cooperation with the private sector, particularly small and

medium enterprises through collaborative and contract research based on

equitable, fair access, and mutual benefit for all involved partners. This is all

to establish the means to ensure greater public access to technologies and

knowledge generated from government-funded R&D while enabling, where

appropriate, the management and protection of related intellectual property.

Republic Act No. 10372

Republic Act No. 10372 also entitled as "An Act Amending Certain

Provisions of Republic Act No. 8293, otherwise known as the ‘Intellectual

Property Code of the Philippines', and for other purposes." This act was

approved in February 28, 2013 and is a comprehensive amendment of certain

articles and sections in Republic Act No. 8293

INTERNATIONAL LAW

The Philippines is an active participant in international trade. The

country is a member of the international trade organizations such as

the World Trade Organization and the World Intellectual Property

Organization. The country subscribes to a number of multilateral, regional,

and bilateral treaties that facilitate the process of trade between multiple

nations as well as to observe and uphold Intellectual property rights. Some of

the notable treaties that the country participates in are the following:

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Multilateral

TRIPS Agreement

The Agreement on Trade-Related Aspects of Intellectual Property

Rights (TRIPS) Agreement is a multilateral trade agreement mediated by the

World Trade Organization that came into effect on 1 January 1995, on the

same day the Philippines became a member of the WTO. It was borne out of

the desire of the member states to "reduce distortions and impediments to

international trade, taking into account the need to promote effective

intellectual property rights (IPRs), and to ensure that measures to enforce

IPRs do not themselves become barriers to legitimate trade.” The agreement

provides a framework of principles, rules and disciplines dealing with

international trade as well as resolving trade related disputes among nations.

The treaty also takes into account the needs of less developed member

nations among others. It is recognized as one of the most comprehensive

multilateral agreements on intellectual property.

TRIPS requires member states to provide strong protection for intellectual

property rights. For example, under TRIPS:

 Copyright terms must extend at least 50 years, unless based on the life of

the author. (Art. 12 and 14)

 Copyright must be granted automatically, and not based upon

any "formality," such as registrations, as specified in the Berne

Convention. (Art. 9)

 Computer programs must be regarded as "literary works" under copyright

law and receive the same terms of protection.

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 National exceptions to copyright (such as "fair use" in the United States)

are constrained by the Berne three-step test

 Patents must be granted for "inventions" in all "fields of technology"

provided they meet all other patentability requirements (although

exceptions for certain public interests are allowed (Art. 27.2 and 27.3) and

must be enforceable for at least 20 years (Art 33).

 Exceptions to exclusive rights must be limited, provided that a normal

exploitation of the work (Art. 13) and normal exploitation of the patent

(Art 30) is not in conflict.

 No unreasonable prejudice to the legitimate interests of the right holders

of computer programs and patents is allowed.

 Legitimate interests of third parties have to be taken into account by

patent rights (Art 30).

 In each state, intellectual property laws may not offer any benefits to local

citizens which are not available to citizens of other TRIPS signatories

under the principle of national treatment (with certain limited exceptions,

Art. 3 and 5). TRIPS also has a most favored nation clause.

Many of the TRIPS provisions on copyright were copied from the Berne

Convention for the Protection of Literary and Artistic Works and many of its

trademark and patent provisions were modeled on the Paris Convention for

the Protection of Industrial Property. It is the case of the protection of software

and database.

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Patent Cooperation Treaty (PCT)

The Patent Cooperation Treaty (PCT) of 1970 is an international

treatise participated upon by 148 member nations that allows applicants to

simultaneously apply for patent protection for an invention within the

participating countries. The Philippines was bound to the treaty on August 17,

2001. The international patent application is available to citizens or residents

of the participating states by accomplishing the application at their respective

national patent office or at the WIPO International Bureau. Accomplishing the

application "has the effect of automatically designating all Contracting States

bound by the PCT on the international filing date. The effect of the

international application is the same in each designated State as if a national

patent application had been filed with the national patent office of that State."

A single filing of a PCT application is made with a Receiving Office

(RO) in one language. It then results in a search performed by an

International Searching Authority (ISA), accompanied by a written opinion

regarding the patentability of the invention, which is the subject of the

application. It is optionally followed by a preliminary examination, performed

by an International Preliminary Examining Authority (IPEA). Finally, the

relevant national or regional authorities administer matters related to the

examination of application (if provided by national law) and issuance of

patent.

WIPO Copyright Treaty

The WIPO Copyright Treaty of 1996 is a special agreement enacted by

the members of the World Intellectual Property Organization that is concerned

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with new intellectual property issues that are not covered by predating

treatises due to coming of the digital age. The treaty also concerns itself with

the addition of subjects to be protected by copyright such as computer

programs, databases, as well the rights to distribute these intellectual

property. The treaty came into force in 2002.

The WIPO Copyright Treaty (WCT) is a special agreement under the

Berne Convention that deals with the protection of works and the rights of

their authors in the digital environment. Any Contracting Party (even if it is not

bound by the Berne Convention) must comply with the substantive provisions

of the 1971 (Paris) Act of the Berne Convention for the Protection of Literary

and Artistic Works (1886). Furthermore, the WCT mentions two subject

matters to be protected by copyright: (i) computer programs, whatever the

mode or form of their expression; and (ii) compilations of data or other

material ("databases"), in any form, which, by reason of the selection or

arrangement of their contents, constitute intellectual creations. (Where a

database does not constitute such a creation, it is outside the scope of this

Treaty.)

For Specific Intellectual Property

The Philippines is also a signatory in numerous other international

treaties that are concerned with intellectual property within specific fields such

as literature, art, music, industry, biology, and the licensing and distribution of

multimedia, to name a few.

 Berne Convention for the Protection of Literary and Artistic Works (1886)

 Paris Convention for the Protection of Industrial Property (1883)

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 Budapest Treaty on the International Recognition of the Deposit of

Microorganisms for the Purposes of Patent Procedure (1977)

 Rome Convention for the Protection of Performers, Producers of

Phonograms and Broadcasting Organisations (1961)

Regional

ASEAN Framework Agreement on Intellectual Property Cooperation

The ASEAN Framework Agreement on Intellectual Property

Cooperation is a treaty devised among the member nations of the Association

of Southeast Asian Nations. The treaty was ratified in Bangkok, Thailand on

December 15, 1995. The treaty seeks to foster cooperation among the

member states to facilitate synergy and growth in the region however the

treaty has yet to be implemented in force.

An excerpt:

“The Governments of Brunei Darussalam, the Republic of Indonesia,

Malaysia, the Republic of Philippines, the Republic of Singapore, the Kingdom

of Thailand and the Socialist Republic of Vietnam, Member States of the

Association of South East Asian Nations (hereinafter referred to as “ASEAN”);

RECOGNISING the important role of intellectual property rights in the conduct

of trade and the flow of investment among the Member States of ASEAN and

the importance of cooperation in intellectual property in the region;

DESIRING to foster closer cooperation in the field of intellectual property and

related fields in order to provide a firm basis for economic progress, the

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expeditious realization of the ASEAN Free Trade Area and prosperity among

the Member States of ASEAN;

RECOGNISING the need to promote closer cooperation and understanding

among the countries in the region in the field of intellectual property and

related fields to contribute to regional dynamism, synergy and growth”

Bilateral

Economic Partnership Agreement between Japan and the Philippines

The Economic Partnership Agreement between Japan and the

Philippines was adopted on September 9, 2006 and went into force on

December 11, 2008. It is a trade agreement between the countries of Japan

and the Philippines with the aim of "liberalizing and facilitating trade in goods

and services between both nations as well as to increase investment

opportunities and strengthen protection for investments and investment

activities."

Letter (d) of Article 1 [Objectives] from Agreement between Japan and the

Republic of the Philippines for an Economic Partnership states that:

“(d) enhance protection of intellectual property and strengthen cooperation in

the field thereof to promote trade and investment between the Parties”

Agreement between the Government of Canada and the Government of the

Republic of the Philippines for the Promotion and Reciprocal Protection of

Investments

The economic treaty between the states of Canada and the Philippines

was adopted on November 9, 1995 and put into effect on November 13, 1996.

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The treaty strives to increase cooperation between the two countries by

increasing the opportunities for mutual economic growth by promoting and

facilitating investment opportunities.

Letter (e) of Article 1 [Definitions] from Agreement between the Government

of Canada and the Government of the Republic of the Philippines for the

Promotion and Reciprocal Protection of Investments states that:

“(e) "intellectual property rights" includes copyright and related rights,

trademark rights, patent rights, and the other rights referred to in the

Agreement on Aspects of Trade Related Intellectual Property Rights forming

part of the Agreement establishing the World Trade Organization done at

Marrakesh, April 1994.”

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Conditions on Patentability

WIPO's policies and laws state that for an invention to be eligible for

patenting, it must fulfill several criteria. Generally, the invention must be within

patentable subject matter, must have industrial use or applicability (utility), it

must be new (novel) and must exhibit a sufficient "inventive step" (non-

obviousness).

1. Patentable Subject Matter

Patentable subject matter is usually defined in terms of exceptions to

patentability. Some examples of fields not within the scope of patentable

subject matters are:

 discoveries of materials or substances already existing in nature

 scientific theories or mathematical methods

 flora and fauna other than microorganisms, and biological processes for

the production of flora and fauna other than microbiological processes

 schemes, rules or methods, such as those for doing business, performing

purely mental acts or playing games

 diagnostic/non-diagnostic methods of treatment for, or practiced on,

humans or animals (but not products for use in such methods)

 inventions of commercial exploitation of which would conflict with public

order or morality

2. Utility

For an invention to be patentable, the invention must have practical

applicability and not purely theoretical. If an invention is a product or a part of

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a product, then it should be possible to make that product and if the invention

is a process or a part of a process then the process should be executable or it

should be possible to use the process in practice. Here, "applicability" and

"industrial applicability" refers to the possibility of making or producing in

practice, or carrying out or using in practice. The term "industrial" should be

referred to in its broadest sense, which includes any kind of industry

recognized by the country.

3. Novel

Novelty is a fundamental requirement of patentability, however it

cannot be proven or established; only its absence can be proved. For an

invention to be considered "novel", it must not have been anticipated by the

knowledge that existed prior to relevant filing or priority date of a patent

application whether it existed by the way of written or oral disclosure. This

disclosure can come in the form of:

 A description of the invention in published writing or publication in other

forms

 A description of the invention in spoken words uttered in public; oral

disclosure, which may not be recorded

 Using the invention in public, or by putting the public in a position that

allows anyone in the public to use it- "disclosure by use" such as display,

sale, demonstration and actual public use.

It should be noted that in considering novelty, it's not permissible to

combine separate items of prior knowledge/inventions together.

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4. Non-obviousness

Inventive step is perhaps the most difficult of the standards to

determine patentability as it asks the question "would it have been obvious to

a person having ordinary skill in the art?"

The inclusion of this requirement works under the premise that

anything of obvious consequence of prior knowledge is in itself part of prior

knowledge. While novelty considers whether there is a difference between the

invention and prior knowledge, "inventive step" is concerned with how

different is the invention to prior knowledge.

There must be some significant or identifiable

difference/advance/progress between the invention and prior knowledge.

Also, this advance or progress must be essential to the invention. Unlike the

assessment of novelty which looks at the difference between the invention

and prior knowledge as a whole, inventive step is assessed through

combinations of prior knowledge. In most cases, it is useful to assess the

inventive step in relation to 3 aspects:

A. The problem to be solved

B. The solution to that problem

C. The advantageous effects, if any, of the invention with reference to the

background art. If the problem is obvious, the examination will bear on

the originality of the solution claimed.

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Process of Acquiring a Patent

A. Application

The application must be filed at the Intellectual Property Office or through

the IPOPHL TM eFile online. The forms and fees can be accessed at the

Philippine IPO Website. The process begins with obtaining a filing date by

submitting the following documents:

1. Properly filled-out Request Form for a Grant of Philippine Patent;

2. Name, address and signature of applicant(s); for non-resident applicant,

the name and address of his/her/their resident agent; and

3. Description of the invention and one or more claims

Other formal requirements, which are not needed to obtain a filing date, but

maybe included at the time of filing are:

1. A filing fee (for big or small entities which maybe paid during application

filing or within one month from the date of filing).

2. Drawing(s) necessary to understand the invention;

3. An abstract and

4. If the priority of an earlier filed application is being claimed, the details

of the claim, i.e. filing date, file number and country of origin

B. Formality of Examination

An examiner checks if the applicant has fulfilled all the formal

requirements needed for the grant of a filing date. A filing date is important

because it serves to determine, in case of a dispute, who has the right to the

patent based on a "first-to-file" system.

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C. Publication of Unexamined Application

The application will be published in the IPO Gazette for 18 months

where any person may present observations in writing concerning the

patentability of the invention. The applicant may be able to respond through

writing.

D. Request for Substantive Examination

This must be filed within six (6) months from the date of publication.

The application is considered withdrawn if no request is made within that

period. If the examiner finds reason to refuse the registration of the

application, i.e. the application is not new, inventive or industrially applicable,

the Bureau shall notify the applicant of the reason for refusal/rejection giving

the applicant the chance to defend or amend the application.

E. Decision to Grant Patent or Refusal

If the examiner finds the application satisfactory with no reason for

refusal, or the reason for refusal has been properly amended or corrected, the

examiner issues a decision to grant the patent registration. If not, the

examiner refuses the application.

F. Inspection of Records

The grant of a patent together with other information shall be published

in the IPO Gazette within six (6) months.

G. Appeal

(a) Every applicant may appeal to the Director of Patents the final refusal of

the examiner to grant the patent within two (2) months from the mailing date

of the final refusal. The decision or order of the Director shall become final

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and executory fifteen (15) days after receipt of a copy by the appellant unless

within the same period, a motion for reconsideration is filed with the Director

or an appeal to the Director General is filed together with the payment of the

required fee.

(b) The decision of the Director General may be appealed to the Court of

Appeals. If the applicant is still not satisfied with the decision of the Court of

Appeals, he may appeal to the Supreme Court.

H. IPOPHL TM eFile

The IPOPHL TM eFile is the new electronic filing system for patents

launched as part of the World IP Day Celebrations on April 23, 2016. It allows

the online filing of new trademark applications 24/77 and is linked to three

different payment applications. It removes the need for applicants and IP

agents to go to the IPOPHL to file trademark applications.

It is linked to two other tools - ASEAN TMclass which makes the

classification of goods and services much easier, and National IPOPHL

TMview that allows the generation of preliminary search reports that

applicants may use as reference prior to filling. But its most important feature

is the ease of uploading documents together with the online application.

Offices involved

A. Intellectual Property Office of the Philippines

The Intellectual Property Code of the Philippines, Republic Act No.

8293, created the Intellectual Property Office of the Philippines (IPOPHL) that

serves to administer and implement the laws regarding intellectual property

rights as stated in the Act. Under the IPOPHL, the Bureau of Patents handles

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the screening of patent applications and the subsequent granting of these

patents. It also handles the registration of utility model, industrial design,

and integrated circuit, and the publications of these patents. The bureau

assists the Director General of the IPOPHL, who has the authority to

formulate policies on the administration and examination of patents, by

conducting studies and researches in the field.

B. Court of Appeals

If the application of a patent is refused by the Director General of

IPOPHL, the decision may be appealed to the Court of Appeals. The Court of

Appeals is composed of a Presiding Justice and 68 Associate Justices. It

reviews the decisions of all Regional Trial Courts as well as the Office of the

Ombudsman, and those of the Department of Justice and other agencies

exercising quasi-judicial functions, including the Office of the President. The

court can reverse, affirm, or modify the judgement that was previously made.

It can also remand the case to the regional trial courts for a new trial or a

retrial, or dismiss the case entirely.

C. Supreme Court

If the applicant is still not satisfied with the decision of the Court of

Appeals, then the decision on application of the patent may be appealed to

the Supreme Court. The Supreme Court has the duty to "settle actual

controversies involving rights which are legally demandable and enforceable,

and to determine whether or not there has been a grave abuse of discretion

amounting to lack or excess of jurisdiction on the part of any branch or

instrumentality of the Government." It has both original and appellate

jurisdiction and can review, revise, reverse, modify, or affirm on appeal

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or certiorari, and may provide a final judgement. In the event that the

application for the patent is still not approved by the Supreme Court, then the

application has been completely refused and has no chance of appeal.

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CHAPTER III

Environmental Impact Assessment in the Philippines

What is Environmental Impact Assessment?

Environmental Impact Assessment (EIA) is a process of evaluating the

likely environmental impacts of a proposed project or development, taking into

account inter-related socio-economic, cultural and human-health impacts,

both beneficial and adverse.

UNEP defines Environmental Impact Assessment (EIA) as a tool used

to identify the environmental, social and economic impacts of a project prior to

decision-making. It aims to predict environmental impacts at an early stage in

project planning and design, find ways and means to reduce adverse impacts,

shape projects to suit the local environment and present the predictions and

options to decision-makers. By using EIA both environmental and economic

benefits can be achieved, such as reduced cost and time of project

implementation and design, avoided treatment/clean-up costs and impacts of

laws and regulations.

Why is an EIA necessary?

The concession system helps the Department to ensure that the many

and varied concession activities on public conservation land are compatible

with the primary aim of protecting natural and historic resources. Before

granting a concession the Department must consider the nature and the

effects of the proposed activity. It is your responsibility, as an applicant, to

provide a detailed description of the activity, the potential effects it may have,

and to consider the ways that you can reduce any adverse effects on the

natural, historic recreational and cultural values (an EIA).

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Benefits of EIA

This guideline is designed to help you complete an environmental

impact assessment (EIA). The information you provide will enable the

Department to consider your concession application. Other benefits of EIA

include:

 Helps you to identify, and understand the positive and adverse effects

of your proposal and why they occur.

 Helps test the appropriateness of proposals design.

 Is inclusive by considering the views of others.

 Enables you to explore various options for minimizing the impact of

your activity on natural, historic, recreational, and cultural values.

 Helps the Department to process your application as quickly and

efficiently as possible.

 Provides an ongoing basis for monitoring the potential effects of your

activity.

Overview of the EIA Process

• Screening to determine which projects or developments require a full or

partial impact assessment study;

• Scoping to identify which potential impacts are relevant to assess (based

on legislative requirements, international conventions, expert knowledge

and public involvement), to identify alternative solutions that avoid, mitigate

or compensate adverse impacts on biodiversity (including the option of not

proceeding with the development, finding alternative designs or sites which

avoid the impacts, incorporating safeguards in the design of the project, or

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providing compensation for adverse impacts), and finally to derive terms of

reference for the impact assessment;

• Assessment and evaluation of impacts and development of

alternatives, to predict and identify the likely environmental impacts of a

proposed project or development, including the detailed elaboration of

alternatives;

• Reporting the Environmental Impact Statement (EIS) or EIA report,

including an environmental management plan (EMP), and a non-technical

summary for the general audience.

• Review of the Environmental Impact Statement (EIS), based on the

terms of reference (scoping) and public (including authority) participation.

• Decision-making on whether to approve the project or not, and under

what conditions; and

• Monitoring, compliance, enforcement and environmental auditing.

Monitor whether the predicted impacts and proposed mitigation measures

occur as defined in the EMP. Verify the compliance of proponent with the

EMP, to ensure that unpredicted impacts or failed mitigation measures are

identified and addressed in a timely fashion.

What should an EIA contain?

No matter how large or small the proposal, an application and EIA should:

1) Describe in detail your proposed activity on public conservation lands and

waters

2) Detail the physical and social conservation values affected by your

proposal Identify the potential effects, both positive and adverse

3) Describe any measures to avoid, remedy or mitigate adverse effects

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4) Identify any alternative locations, times or designs that would mitigate the

adverse effects of the proposal

5) Prescribe a program to monitor any ongoing effects

ENVIRONMENTAL LAWS

According to Environmental Defenders Office Inc., “Environmental law

means the laws that regulate the impact of human activities on the

environment”. It is a complex and interlocking body of statutes, common law,

treaties, conventions, regulations and policies which operates to regulate the

interaction of humanity and the rest of the biophysical or natural environment.

The purpose of these laws is to reduce and minimize the impact of human

activity, both on natural environment for its own sake, and on humanity itself

(Parungao M., 2010).

Environmental law covers a broad range of activities that affect air,

water, land, flora or fauna. It includes laws that relate to: Air quality and water

quality, global climate change, agriculture, biodiversity and species protection,

pesticides and hazardous chemicals, waste management and remediation of

contaminated land and the management of public lands and natural resources

(Parungaon M., 2010).

The general functions of most environmental laws are to: Set offences

and penalties for causing harm to the environment which is not authorized,

assess, control or stop certain activities (such as land use and development)

before they are carried out, set policies and standards for how activities will be

controlled and how environmental decisions and approvals will be made,

enable members of the public to take part in environmental decision-making,

create regulatory structures for environmental management, such as

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regulatory agencies (e.g. the Department of Agriculture, Department of

Environment and Natural Resources and etc.) and lastly is to create specialist

courts and tribunals (e.g. the Lands, Planning and Mining Tribunal).

Major Environmental Laws in the Philippines

REPUBLIC ACT 9003

ECOLOGICAL SOLID WASTE MANAGEMENT ACT OF 2000

The law aims to adopt a systematic, comprehensive and ecological

solid waste management program that shall ensure the protection of public

health and environment. The law ensures proper segregation, collection,

storage, treatment and disposal of solid waste through the formulation and

adaptation of best eco-waste products.

REPUBLIC ACT 8749

PHILIPPINE CLEAN AIR ACT OF 1999

The law aims to achieve and maintain clean air that meets the National

Air Quality guideline values for criteria pollutants, throughout the Philippines,

while minimizing the possible associated impacts to the economy.

REPUBLIC ACT 6969

TOXIC SUBSTANCES, HAZARDOUS AND NUCLEAR WASTE CONTROL

ACT OF 1990

The law aims to regulate restrict or prohibit the importation,

manufacture, processing, sale, distribution, use and disposal of chemical

substances and mixtures the present unreasonable risk to human health. It

likewise prohibits the entry, even in transit, of hazardous and nuclear wastes

and their disposal into the Philippine territorial limits for whatever purpose;

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and to provide advancement and facilitate research and studies on toxic

chemicals.

PRESIDENTIAL DECREE 1586

ENVIRONMENTAL IMPACT STATEMENT (EIS) STATEMENT OF 1978

The Environment Impact Assessment System was formally established

in 1978 with the enactment of Presidential Decree no. 1586 to facilitate the

attainment and maintenance of rational and orderly balance between socio-

economic development and environmental protection. EIA is a planning and

management tool that will help government, decision makers, the proponents

and the affected communities address the negative consequences or risks on

the environment. The process assures implementation of environment-friendly

projects.

REPUBLIC ACT 9175

CHAINSAW ACT OF 2002

The law aims to regulate the ownership, possession, sale, importation

and use of chainsaws, penalizing violations thereof for other purposes.

Persons authorized to possess and use chainsaws must have subsisting

timber license agreement, production sharing agreements or a private land

timber permit, must be an orchard and a fruit farmer or an industrial tree

farmer, is a license wood professor and chainsaw shall be used for cutting

timber that has been legally sold to said applicant and lastly shall use the

chainsaw for legal purposes only.

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REPUBLIC ACT 8485

ANIMAL WELFARE ACT OF 1998

The law aims to protect and promote the welfare of all animals in the

Philippines by supervising and regulating the establishment and operations of

all facilities utilized for breeding, maintaining, keeping, treating of all animals

either as objects of trade or as household pets. Any form of cruelty will be

penalized.

REPUBLIC ACT 7942

PHILIPPINE MINING ACT OF 1995

Law states that all mineral resources in public and private lands within

the territory and exclusive economic zone of the Republic of the Philippines

are owned by the state. It shall be the responsibility of the State to promote

their rational exploration, development, utilization and conservation through

combined efforts of the government and the private sector in order to enhance

national growth in a way that effectively safeguards the environment and

protect the rights of the affected communities.

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Institutional Framework and the Philippine Environmental Impact

Statement (IES) System

In the Philippines, environmental assessment was introduced in 1977

with the issuance of Presidential Decree 1151 or the Philippine Environmental

Policy. The Philippine Environmental Assessment System, otherwise known

as the Philippine Environmental Impact Statement (EIS) System, was

established in 1978 through Presidential Decree 1586. It involves the conduct

of environmental assessment on proposed projects and the subsequent

government review of the environmental assessment report which would

result in either issuance or denial of an environmental compliance certificate

(Chan, n.d.).

INSTITUTIONAL FRAMEWORK

A. Structure of Government.

The Philippines has a unitary government with a multi-tiered structure

(Figure 1). At the top is the central or national government operating through

more than 20 executive departments and specialized agencies. The country is

divided into 16 geographic regions where national government agencies

maintain regional offices. With the exception of the Autonomous Region in

Muslim Mindanao (ARMM) which has been given special autonomy, these

regions are mere administrative subdivisions and do not have regional

governments. The second tiers of government are the provinces and

chartered cities. There are currently 80 provinces each headed by a Governor

and 61 chartered cities each headed by a City Mayor. The third tier of

government is the municipalities and component cities which comprise the

provinces. Finally, the chartered cities, municipalities and component cities

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are further subdivided into barangays which are the smallest political unit.

There are currently 56 component cities, some 1,500 municipalities and about

40,000 barangays. The provinces, cities, municipalities and barangays

comprise the local government units.

Figure 1. Administrative Structure of the Environment and Natural Resources

Sector in the Philippines.

Periodic elections of the chief executives and legislative officials

provide the main mechanism for local accountability. Traditionally, it was the

national government that provided most of the social and economic services

down to the household levels. In 1991, with the implementation of the Local

Government Code (Republic Act 7160), a wide range of functions, which cut

across sectors such as agriculture and fisheries, infrastructure, environment,

natural resources, social services and health were devolved. To perform

these functions most local government units rely on financial transfers or

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revenue allocations from the central government as they have very limited

revenue-generating

B. Department of Environment and Natural Resources.

The DENR is the national government agency in charge of most

environmental regulations, including the EIS System. The DENR’s mandates

and functions basically revolve around the implementation of its three broad

Major Final Outputs, as follows: (i) development, implementation, monitoring

and evaluation of environmental and natural resources policies and plans; (ii)

development, protection, conservation, enhancement of ecosystems and

natural resources and rehabilitation of degraded ones; and (iii) development,

implementation, monitoring and enforcement of comprehensive environment

and natural resources standards and regulations. The DENR is composed of

six bureaus, and three attached agencies (Figure 2). Two of the bureaus, the

Mines and Geosciences Bureau (DENR-MGB) and the DENR-EMB are line

bureaus while the rest are staff bureaus. The DENR central office is

composed of the Office of the Secretary, the Offices of Undersecretaries of

which there are eight, the Public Affairs Office and the Special Concerns

Office, the offices of the staff bureaus and the central offices of the line

bureaus. For its field operations, the DENR maintains Regional Environment

and Natural Resources Offices (DENR-ROs) at the regional level; Provincial

Environment and Natural Resources Offices (PENROs) at the provincial level;

and Community Environment and Natural Resources Offices (CENROs) at

the district or municipality cluster levels. The territorial jurisdiction of CENRO

usually covers a cluster of municipalities which straddles an important

ecological area. There are a total of 16 regional offices, one for each

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administrative region, except Region IV which has two (DENR IV-A and

DENR IV-B); 73 PENROs and 171 CENROs. The regional offices in the

administrative regions are headed by a Regional Executive Director. As line

bureaus, the DENR-MGB and DENR-EMB have their own regional and

provincial offices. The DENR-ARMM is no longer under the central

government but directly under the ARMM Regional Government. Currently

there are four PENROs and eight CENROs under the DENR-ARMM

Figure 2. Organizational Structure of Department of Environment and

Natural Resources.

C. Environment and Natural Resources Functions of Local Government

Units.

The environmental and natural resources functions specified to be

devolved under Republic Act 7160 or Local Government Code are:

1. At the municipality level: (i) implementation of community-based forestry

projects; (ii) management and control of communal forests with an area

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not exceeding 50 square kilometers; (iii) establishment of tree parks and

similar forest development projects; and (iv) solid waste disposal or

environmental management system, services and facilities.

2. At the provincial level: (i) enforcement of forestry laws with respect to

community-based forestry projects; (ii) pollution control law; (iii) small-

scale mining law; (iv) other laws on the protection of the environment; (v)

mini-hydroelectric projects; (vi) solid waste management systems; and (vii)

land use planning. Table 3 shows the environment and natural resources

functions that have been actually devolved (LMP 2005). In terms of the

EIS, the local government unit is authorized to issue environmental

compliance certificates and monitor environmental compliance of village-

based micro enterprises or the so-called Kalakalan 20 businesses.

Table 3 Environment and Natural Resources Functions Actually Devolved

to the Local Government Units.

Regulation of environmental impacts of small and medium scale enterprises

under the Kalakalan 20 Law (Republic Act 6810)

Establishment of greenbelts and tree parks under Local Government Code

(Republic Act 7160)
Management of communal forests and watersheds (Republic Act 7160)
Integrated Social Forestry Projects (Republic Act 7160)
Community-based Forestry Projects (Republic Act 7160)
Regulation of fishing in municipal waters (Republic Act 7160 and the
Fisheries Code or Republic Act 8550)

Regulation of minor mineral extraction like small-scale mining and certain

scales of quarrying and sand and gravel gathering (Republic Act 7160)

Regulation of nuisance and pollution under the Clean Air Act (Republic Act
8749)

Solid waste management under the Ecological and Solid Waste

Management Act (Republic Act 9003)
Anti-smoke belching program (Republic Act 8749)

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D. Environment and Natural Resources Functions in Other National

Government Agencies.

The environment and natural resources sector is not entirely the

domain of the DENR. There are other environment and natural resources

functions that have been assigned by law to other agencies. Among these are

agricultural, soil and water management and aquatic resources, which is

handled by the Department of Agriculture (DA); land use conversion, which is

handled by the Department of Agrarian Reform (DAR); responses to climate

change, which is assigned to the Philippine Atmospheric, Geophysical and

Astronomical Services Administration (PAGASA); responses to geological and

seismic hazards, which is assigned to Philippine Institute of Volcanology and

Seismology (PHIVOLCS); and public health and sanitation which are the

domain of the Department of Health (DOH) and local governments.

E. DENR-Environmental Management Bureau.

The office within the DENR responsible for the implementation of the

EIS System is DENR-EMB. The DENR-EMB had been a staff bureau until the

enactment of the Clean Air Act in 1999, which mandated its transformation

into a line bureau. In general, the structure of the regional offices mirrors that

of the central office with key divisions such as Pollution Control Division and

Environmental Impact Assessment and Management Division. Under the

regional offices are the Environmental Management Provincial Offices.

F. Environmental Units in Other National Government Agencies.

In 1996, Executive Order 291 encouraged the establishment of

environmental units in all implementing national government agencies,

including government-owned and controlled corporations and government

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financial institutions. In particular, national government agencies with

mandates that include the introduction of physical plants and infrastructure

were required to create their own environmental units. The envisaged

functions of environmental units are: (i) to assist in the preparation of EIS; (ii)

to ensure that their respective national government agencies/government-

owned and controlled corporations meet the procedural requirements of the

EIS System; (iii) to facilitate the acquisition of the environmental compliance

certificates of their respective projects; (iv) to ensure compliance by the

project with the environmental compliance certificate conditions; and (v) for

government financial institutions, to ensure that loans or related funding

applications from government and private institutions comply with the EIS

System.

THE PHILIPPINE ENVIRONMENTAL IMPACT STATEMENT SYSTEM

A. Processes and Procedures. The Philippine EIS System can be divided

into three major phases: (i) screening, (ii) application for environmental

compliance certificate, and (iii) the post-environmental compliance

certificate application.

1. Screening. The first step in the EIS process is determining which projects

are covered or not by which requirements. The law pre-categorizes

projects based on the level or degree of potential environmental impacts

and each category has a prescribed environmental assessment instrument

of commensurate scale or level of complexity (Table 4).

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Table 4. Environmental Categories under the Philippine EIS System.

Required
Environment Environmental
Descriptions
Category Assessment
Study/ Report
Environmentally critical projects or
projects with significant potential
Category A Full EIA
to cause negative environmental
impacts.
Projects which are not
environmentally critical but which Initial
may cause negative Environmental
Category B
environmental impacts because Examination or Full
they are located in EIA
environmentally critical areas.
Projects that are intended to
Project Description
directly enhance environmental
Category C with Environmental
quality or address existing
Management Plan
environmental problems.
Projects that are considered
outside the purview of the
Category D Philippine EIS System because Project Description
they do not have negative
environmental impacts.
Projects or series of similar
projects or a project subdivided to
Co-located several phases and/or stages by Programmatic EIA
the same proponent, located in
contiguous areas.
Environmental
Performance
Expansion Expansions of existing projects.
Report and
Management Plan

2. Application for Environmental Compliance Certificate.

Central to the Philippine EIS System is the environmental compliance

certificate, which is the document, issued by the DENR certifying that the

proponent has complied with all the requirements of the EIS System and has

committed to implement its approved environmental management plan.

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2.1 Environmental Compliance Certificate Application for Category A

Projects.

Category A projects must undergo full EIA study, which involves

evaluating and predicting the likely impacts of a project including cumulative

impacts on the environment during construction, commissioning, operation

and abandonment. The following comprise the major steps of the

environmental compliance certificate application process for Category A

projects:

1. Scoping.

This is mandatory for Category A projects, where the key issues and

concerns are identified and the scope of the study is agreed upon by the

proponent, the EIA consultants, DENR-EMB, EIA Review Committee, local

residents and other project stakeholders.

3. Environmental Impact Assessment Study.

The conduct of the EIA study commences after the scoping checklist is

finalized. The assessment for Category A projects typically includes

characterization and analysis of the biophysical, chemical, social, economic

and cultural environment. The proponent is required to document the public

participation, consultation and conflict resolution processes, and include them

in the EIS Report.

4. Environmental Impact Assessment Review.

The results of the EIA study together with other required documents

are packaged into an EIS Report, which is submitted to DENR-EMB central

office for review. The review process consists of two stages. The first stage is

a “procedural review” to be conducted by a DENR-EMB staff whose primary

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job is to check for completeness and ensure that submitted documents are

clear and legible. The second stage is the “substantive review” by the EIA

Review Committee. At this stage, the review committee may conduct field

visits or site inspections and may decide to conduct a public hearing. They

may request for additional information up to a maximum of two requests. The

environmental compliance certificate application is deemed automatically

approved if the DENR cannot come up with a decision within a total of 120

working days.

2.2. Environmental Compliance Certificate Application for Category B

Projects.

Category B projects are required to undergo only initial environmental

examination. However, a full EIA study may be required after an evaluation

has found that an initial environmental examination report is not sufficient to

address environmental impacts of the project. The initial environmental

examination can be processed at the DENR-EMB regional office where the

project is located. A case handler of a technical review committee is charged

with the review. During the review, the case handler may conduct field visit,

additional sampling or informal consultations. The reviewer is entitled to one

request for additional information and may request the PENRO or CENRO to

validate them.

2.3 Applications for Certificate of Exemptions for Category C and D

Projects.

Proponents for projects classified as Category C are required to submit

a project description for issuance of certificate of non-coverage. The project

description is a document that describes the nature, configuration, use of raw

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materials and natural resources, production system, waste or pollution

generation and control and the activities of a proposed project in all its phases

(i.e., pre-construction, construction, operation and abandonment). Category D

projects are considered outside the purview of the EIS System, and are

issued a certificate of non-coverage upon request by the proponent. However,

DENR-EMB may still require such projects to provide additional environmental

safeguards as it may deem necessary.

2.4 Environmental Compliance Certificate Application for Co-Located

Projects.

For co-located Category A or B projects, such as those in economic

zones, the proponent has the option to secure a programmatic environmental

compliance certificate. Otherwise, each project must individually apply for an

environmental compliance certificate. To secure a programmatic

environmental compliance certificate, the proponent must undertake a

programmatic EIA and submit a programmatic EIS. A programmatic EIA is a

comprehensive study of the environmental baseline conditions or ecological

profile of a contiguous area. It also includes an assessment of the carrying

capacity, or the capacity of the area to absorb impacts from co-located

projects such as those in industrial estates or special economic zones.

2.5 Environmental Compliance Certificate Application for Expansions of

Existing Projects.

Expansions of existing projects are required to submit an

environmental performance report and management plan which is a

documentation of actual cumulative environmental impacts of projects with

proposals for expansions. The environmental performance report and

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management plan should also describe the effectiveness of current

environmental mitigation measures and plans for performance improvement.

If the projects for expansion are co-located projects, the proponent is required

to submit a programmatic environmental performance report and

management plan.

3. Post-Environmental Compliance Certificate Application

Requirements

3.1 Conduct of Specialized Studies and Additional Conditions.

After the environmental compliance certificate is issued, the proponent

is expected to implement the environmental management plan and meet the

conditions stipulated in the environmental compliance certificate. Post-

environmental compliance certificate requirements may include the conduct of

additional specialized studies such as biodiversity, culture or environmental

risk assessment. It may also include specific provisions such as submission of

plans for resettlement, watershed management or emergency response

where such measures are included in the environmental management plan.

3.2 Follow-up and Monitoring.

The DENR-EMB is expected to conduct periodic monitoring and

evaluation of the project, not only on compliance to environmental compliance

certificate conditions and commitments on the environmental management

plan, but also to other environmental laws. Based on Department

Administrative Order 30-2003, the DENR is requiring the proponent to submit

a self-monitoring report and audit plan semiannually.

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3.3 Penalties and Sanctions.

Presidential Decree 1586 provides for the cancellation or suspension of

the environmental compliance certificate or the imposition of fines of

Php50,000 per violation of the decree and its implementing rules and

regulations. The fine is fixed in nominal terms; hence, its deterrence value has

been severely eroded by almost three decades of inflation. The main

deterrence against violation of EIS law is DENR-EMB’s power to impose a

Cease and Desist Order to the violating establishment, presumably to prevent

damage to the environment. The Cease and Desist Order takes effect upon

issuance, and any appeal or motion seeking to lift it shall not sway its

effectivity. The DENR shall act on such appeal or motion within 10 working

days from filing. Finally, the DENR-EMB may publish the identities of firms

that are in violation of the EIA law and its implementing rules and regulations

despite repeated notices of violation and/or Cease and Desist Order.

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Laws Concerning Environmental Impact Assessment

in the Philippines

The Environmental Impact Assessment (EIA) System in the Philippines

is officially referred to as the Philippine EIS System (PEISS) which was

officially established under PD1586 on 11 June 1978 by the administration

and presidency of Ferdinand E. Marcos. The law pursuit 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 quality.

Under Section 4 of PD 1586, the President is empowered to declare

certain projects or areas, by his own initiative or upon the recommendation of

the National Environmental Protection Council, as “environmentally critical”

and prohibits the implementation or operation of these projects without first

securing an Environmental Compliance Certificate (ECC). Clearly, the law

stipulated ECC as a requirement to conduct environmentally critical projects

(ECPs) or operate in environmentally critical areas (ECAs). On the other

hand, for environmentally non-critical projects, EIS and ECC are not required,

however, they may be required to provide additional environmental

safeguards (section 5).

As a regulatory policy, penalty clause for violating the rules and

regulations of PD 1586 is stipulated. Violations against the rules and

regulations issued by the NEPC and non-compliance of the terms and

conditions in the issuance of the ECC or of the standards shall be punished

through suspension or cancellation of ECC and/or a fine in an amount of not

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exceeding Fifty Thousand Pesos (Php 50,000.00) under section 9. The

amount that will be generated from the penalties shall be automatically

appropriated into an Environment Revolving Fund (section 10).

IES Implementing Rules and Regulations

The implementing rules and regulations (IRR) of PD 1586 are provided

in five issuances (1979-1984; 1984-1992; 1992-1996; 1996-2003; and 2003-

present) which are all geared at rationalizing, streamlining and simplifying the

system. Among these policies, the Department of Environment and Natural

Resources Administrative Orders (DAO) No. 21, series of 1992, No. 37, series

of 1996 and No. 30, series of 2003 are the most relevant and comprehensive

legal pronouncements of the EIS system.

A. DAO No. 21, series of 1992 (DAO 92-21)

The DAO 21, s. 1992 provides for the comprehensive administrative

regulation of EIS which lodged the issuance of the ECC for ECAs to the

DENR Regional Offices. In order to effect projects that are beneficial and

acceptable to majority of the stakeholders and to a wider community, one of

the key objectives of the DAO 92-21 is to involve the stakeholders in

dialogues and exchanges of views, information and concerns. The

consultations shall serve as venue to determine social acceptability of projects

and bases for the possible reforms in the EIA System.

B. DAO No. 37, series of 1996 (DAO 96-37)

The DAO 37, series of 1996 provided for the strengthening of the

implementation of the Environmental Impact Statement (EIS) System

established under PD 1586 and promulgated revisions on the DAO 92-21.

The underlying principle of the DAO 96-37 is to uphold the balance between

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socioeconomic growth and environmental protection. As an integral part of the

EIS System, the AO mandates for public consultations and participation

through the institutionalization of the Multipartite Monitoring Team System

(MMTS). It also embodies social acceptability and other environmental

safeguards.

DAO 96-37 adopts the ECPs and ECAs identified in PP 2146. It also

identifies projects and undertakings not covered by the EIS System. The

noted innovations of the AO included scoping which considers full public

participation, environmental risk assessment, carrying or assimilative capacity

of the environment, the presumption of public risk and accountability

statements of proponents and preparers, DENR and stakeholders. Further,

the AO provides guidelines on the contents of the EIS which include among

others baseline environmental conditions, environmental risk assessment,

environmental management plan, proposal for monitoring and evaluation,

results of the public consultation and social acceptability and accountability

statements.

C. DAO No. 30, series of 2003 (DAO 03-30)

The DAO 30, series of 2003, was issued in pursuant to the

Administrative Order 42 of former President Gloria Macapagal-Arroyo which

intended to rationalize the implementation of the Philippines EIS System.

DAO 03-30 which superseded DAO 96-37, was established to streamline the

implementation of the EIS System in the country to make it a more effective

planning and management tool.

Under DAO 03-30, the scope of the EIS System is based on two

factors: (1) the nature of the project and its potential to cause significant

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negative environmental impacts; and (2) the sensitivity or vulnerability of

environmental resources in the project area. Similar to its predecessor (DAO

96-37), salient provisions of DAO 03-30 include among others mandates for

scoping, public participation, inclusion of social acceptability in the

assessment, environmental carrying capacity analysis and environmental risk

assessment. It further classifies the projects and areas to be covered by the

EIS System into four categories:

 Category A. Environmentally Critical Projects (ECPs) with significant potential

to cause negative environmental impacts;

 Category B. Projects that are not categorized as ECPs, but which may cause

negative environmental impacts because they are located in Environmentally

Critical Areas (ECA’s);

 Category C. Projects intended to directly enhance environmental quality or

address existing environmental problems not falling under Category A or B.

 Category D. Projects unlikely to cause adverse environmental impacts.

EIS Procedural Manuals

The procedural manuals serve as primary reference to clarify the steps

and procedures required to implement the IES System in the country. They

are designed to be used as reference materials for DENR staff or personnel,

project proponents, EIA preparers and practitioners, environmental units of

government agencies, local government officials, non-governmental or

people’s organization, and other stakeholders involved in the implementation

of the Philippine EIS System. The manuals focus on the processes rather

than the technical aspects of the EIA.

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The procedural manual issued in 1992 (DAO 92-21) discussed the

step-by-step procedure in the preparation and review of Environmental Impact

Statements. Among others, the manual contained guidelines for the following:

 the form and content of the documentation requirements;

 the conduct of consultation to show proof of social acceptability;

 the composition of the external EIA Review Committee (EIARC);

 the allocations in an Environmental Guarantee Fund (EGF); and

 the creation of Multipartite Monitoring Team (MMT).

The second edition of the manual (DAO 03-30) provided a detailed

discussion of the guidelines in the conduct of the following:

 scoping which include the technical definition of ECPs and ECAs and those

under categories C and D of projects and areas;

 the procedural and substantive review;

 the Environmental Risk Assessment;

 the Environmental Management Plans (EMP);

 public hearings and consultation; and

 penalties and sanctions for violating requirements of the EIS system.

Appeal

Under section 6 Article 11 of DAO 03-30, any party aggrieved by the

final decision on the ECC / CNC applications may, within 15 days from receipt

of such decision, file an appeal on the following grounds:

a. Grave abuse of discretion on the part of the deciding authority, or

b. Serious errors in the review findings.

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The DENR may adopt alternative conflict/dispute resolution procedures

as a means to settle grievances between proponents and aggrieved parties to

avert unnecessary legal action. Frivolous appeals shall not be countenanced.

The proponent or any stakeholder may file an appeal to the following:

Deciding Authority Where to file the appeal

EMB Regional Office Director Office of the EMB Director
EMB Central Office Director Office of the DENR Secretary
DENR Secretary Office of the President

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Environmental Impact Assessment in the Philippines

Environmental Impact assessment is the process of predicting the

likely environmental consequences of implementing projects or undertaking

and designing appropriate preventive, mitigating and enhancement measures

(PEISS, 2007). An EIA is a systematic process that examines the

environmental consequences of a proposed activity to the bio-physical

environment and socio-economic environment and designing appropriate

environmental measures to mitigate negative consequences and enhance the

positive impact.

According to the Manual of EIA Review (2007), there are three main

objectives of review to make the EIA process an effective environmental

planning and management tool. First, To ensure that the nature, quality and

quantity of data, impact assessment and management measures presented in

the EIA Report are those that will be most useful and critical in the integration

of environmental and social concerns and finalization of the Proponent’s

Feasibility Study and downstream activities of the project such as detailed

engineering design, construction, operation and abandonment. during the

preparation.

Second, To advice and inform the decision-making of other units,

bureaus, offices and regulatory government agencies on the critical

environmental and social concerns of a development proposal which are

recommended to be considered in the respective government documents

(e.g. permits, certificates, licenses, clearances, endorsements, resolutions),

conduct of studies, agreements involving the project or other forms of

approval under the mandate of such entities.

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Last, To provide guidance for validation of projected environmentally

and socially significant impacts and for assessment of effectiveness of

measures throughout the project cycle for the purpose of continuing

improvement of environmental performance as part of promotion of good

business practice.

The review shall have these considerations during the review process:

a. The EIARC shall focus the scope of review to project information,

environmental concerns and issues that are relevant and available only

at the FS Stage. There is a lot of uncertainties at this project planning

stage, thus, the need to consider options and alternatives. Range of

assumptions on production capacity, areas of development, process

technologies, emissions, discharges and other waste should be

acceptable asbasis for evaluating acceptability of the proposal for ECC.

The EIARC shall provide a level of guidance on environmental and

social considerations that will allow Proponent flexibility to site, design

and operate the project within the scope and limits of its application as

presented in the EIS. The EIA study is expected to specify a range of

input-output in the process options that the Proponent is considering as

well as to project a range of impacts and formulate appropriate

measures which will be used as reference in the project’s technical and

economic feasibility assessment. Specific detailed engineering design

shall not be required at the EIS review stage.

b. The EIARC shall consider as reference material the recommendations

and learnings from similar projects whose EIA studies have been

reviewed and whose ECCs have been approved by DENR, where

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deemed applicable. The case handler shall prepare available

EIS/ECCs or pro-actively share the learnings with the rest of the review

team.

c. The EIARC shall have preference over accumulated historical and

recent environmental data over one-time short-term collection of data

(say, 2 weeks to a month, dry and/or wet season). If there is available

and relevant secondary data to a development proposal, the EIARC

may not require additional primary sampling. Baseline data are usually

obtainable from government, academe and other entities.

d. The EIA study shall focus on project-induced impacts while risk

assessment of natural hazards to the project is more appropriately

addressed in the proponent’s FS. However, data on natural hazards

(e.g. tsunami, earthquake, volcanic eruptions, typhoons, floods,

naturally-induced landslides) are required to be presented in the EIS as

part of the baseline environmental profile for the proponent’s guidance

during project design.

e. EIA Scoping is a focusing exercise on significant issues. The EIARC

must focus the EIS only to the most significant associated impacts of a

project to various environmental conditions. (Note for next steps: Need

to draft specific scoping checklists for specific types of projects).

f. The EIARC must be able to segregate the issues within the EMB

mandate from those

outside its jurisdiction, such as issues on occupational safety

(DOLE’s); public health and safety (DOH mandate); traffic (LGU/MMDA

mandate); detailed engineering (Design Engineer’s); septic tanks and

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sanitation issues (DOH engineers’ responsibility The EIARC shall

highlight only special concerns in making recommendations to the

Proponent, design engineers and other government agencies who

have mandates on the project.

g. The EIARC shall recommend or evaluate nationally or internationally

acceptable methods for quantitative assessments and this should be

done during the Scoping stage of the EIA process. The EIARC

must be cognizant that the purpose of the requirement (of

modeling or ERA, for example) is for identification of general

management measures which will be used with other FS

outputs for guidance in detailed engineering design phase.

h. The EIARC’s requests for Additional Information (AI) shall be limited to

those agreed in the final Scoping Checklist. All requests for AI shall be

to address EIS information inadequacies and shall be properly justified

by the concerned EIARC member, and subsequently by the EIARC as

a whole upon recommendation of the consolidated AI to EMB. A

replacement or alternative member to the EIARC shall respect the

signed Scoping Checklist, thus, shall not add requirements.

EIA Process

The EIA process generally consists of a set of procedural steps culminating in

a written impact assessment report that will inform the decision-maker

whether to approve or reject a proposed project.

Identifying and Defining the Project or Activity. Although this step may

seem relatively simple, defining a “project” for the purposes of an EIA can

become complex and even controversial if a mining project is large, has

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several phases, or involves multiple sites. The goal of this step is to define the

project with enough specificity to accurately determine the zone of possible

impacts and to include activities that are closely connected with the proposal

so that the entire scope of environmental impacts is evaluated.

Screening. The screening process determines whether a particular project

warrants preparation of an EIA. The threshold requirements for an EIA vary

from country to country – some laws provide a list of the types of activities or

projects that will require an EIA, others require an EIA for any project that may

have a significant impact on the environment or for projects that exceed a

certain monetary value. In some cases, particularly if the possible impacts of a

project are not known, a preliminary environmental assessment will be

prepared to determine whether the project warrants an EIA.

Scoping. Scoping is a stage, usually involving the public and other interested

parties, that identifies the key environmental issues that should be addressed

in an EIA. This step provides one of the first opportunities for members of the

public or NGOs to learn about a proposed project and to voice their opinions.

Scoping may also reveal similar or connected activities that may be occurring

in the vicinity of a project, or identify problems that need to be mitigated or

that may cause the project to be canceled.

Preparing Terms of Reference. The Terms of Reference serve as a

roadmap for EIA preparation and should ideally encompass the issues and

impacts that have been identified during the scoping process. A draft Terms of

Reference may be made available for public review and comment. Public

review at this early stage of the process provides a key opportunity to ensure

that the EIA is properly framed and will address issues of community concern.

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Preparing Draft EIA. A draft EIA is prepared in accordance with the Terms of

Reference and/ or the range of issues identified during the scoping process.

The draft EIA must also meet the content requirements of the overarching EIA

law or regulations. This step will ideally engage a wide range of technical

specialists to evaluate baseline conditions, predict the likely impacts of the

project, and design mitigation measures.

Public Participation. Best EIA practice involves and engages the public at

numerous points throughout the process with a two-way exchange of

information and views. Public participation may consist of informational

meetings, public hearings, and opportunities to provide written comments

about a proposed project. However, there are no consistent rules for public

participation among current EIA systems. Even within a particular country,

there can be variations in the quality and extent of public involvement in the

EIA process, depending on the type of project being considered, the

communities that may be affected, or government agencies that are

overseeing the project.

Preparing Final EIA. This step produces a final impact assessment report

that addresses the viewpoints and comments of the parties that reviewed the

draft EIA. These comments may prompt revisions or additions to the text of

the draft EIA. In some cases, the final EIA will contain an appendix

summarizing all of the comments received from the public and other

interested parties and provide responses to those comments.

Decision. A decision to approve or reject a mining project is generally based

on the final EIA, but in some instances, an environmental clearance may be

just one step in the mine permitting process. The decision may be

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accompanied by certain conditions that must be fulfilled, such as posting a

reclamation bond or filing an Environmental Management Plan.

Administrative or Judicial Review. Depending on the jurisdiction, there may

be opportunities for a party to seek administrative and/or judicial review of the

final decision and the EIA process. An appeal may address procedural flaws

in the EIA process, such as a failure to hold any required public hearings, or

may point to substantive issues that the decision-maker failed to consider. A

country’s judicial review or administrative procedure act, or sometimes the

EIA law itself, will usually identify the kinds of issues that can be raised in an

appeal and the type of relief that may be granted.

Project Implementation. Provided all regulatory requirements are met and

permits are obtained, mine development will proceed following the project

decision and once opportunities for administrative and/or judicial review are

exhausted.

Monitoring. Monitoring is an important part of project implementation.

Monitoring serves three purposes: (1) ensuring that required mitigation

measures are being implemented; (2) evaluating whether mitigation measures

are working effectively; and (3) validating the accuracy of models or

projections that were used during the impact assessment process.

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Figure 1 Summary of EIA Process

Attach in the written report is a part of a real environmental impact

assessment report. The document is titled “Environmental Impact

Assessment: Proposed Central Luzon Link Expressway (CLLE) Phase l

Project (Final Report). The paper was published under the Department of

Public Works and Highways. Japan International Cooperation Agency (JICA)

and Engineering International Co., Ltd were DPHW partners in conducting the

assessment. The report was published on August of year 2011. The reported

selected the Executive Summary of the assessment.

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SAMPLE (EXECUTIVE SUMMARY)

Environmental Impact Assessment: Proposed Central Luzon

Link Expressway (CLLE) Phase l Project (Final Report)

PROJECT BACKGROUND

The proposed Central Luzon Link Expressway (CLLEX) Project is one

of the components of the Pan-Philippines Highway (PPH) and is the proposed

answer to the serious traffic congestions along the vicinity of the core urban

areas along PPH. The Japan Bank for International Cooperation (JBIC)

envisioned the construction of bypass roads in Plaridel, Bulacan, and

Cabanatuan, Nueva Ecija under Loan No. PH-P236 of the Arterial Road

Bypass Project, Phase I.

However, before the construction of the proposed bypass, several road

developments in Central Luzon were already developed such as the Subic-

Clark-Tarlac Expressway (SCTEX) and the in-city bypass of Cabanatuan.

Japan International Cooperation Agency (JICA) requested Department of

Public Works and Highways (DPWH) for the review of the implementation

priority under JBIC Loan No. PH-P236. A quick assessment of the present

road network with economic evaluation shows a reduction of the previous high

economic benefits of the bypass roads. This means that a number of through

traffic using the PPH in Cabanatuan City may have shifted to the SCTEX.

Taking into consideration the completed SCTEX and its proposed

extension, the TarlacPangasinan-La Union Expressway (TPLEX), it would be

necessary to include a lateral expressway that would complement both the

major North-South Line of Luzon such as SCTEX and PPH.

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On the overall, the project seeks to improve access to the food baskets

of Cagayan Valley and the province of Aurora as well as eastern part of CAR

(Cordillera Administrative Region) that would ensure safe and faster

movements of goods as well as support tourism sector thrust and

development directions. Specifically, the project seeks the following

objectives: i) Provide a free-flowing alternative route for through traffic along

the PPH between San Jose and Cabanatuan Area in Nueva Ecija and Plaridel

in Bulacan.

Specifically, the project seeks the following objectives:

i) Provide a free-flowing alternative route for through traffic along the PPH

between San Jose and Cabanatuan Area in Nueva Ecija and Plaridel in

Bulacan.

ii) Provide a linkage between the existing SCTEX and PPH at some latitude

above the Cities of Cabanatuan and San Jose.

iii) Provide a highway of international standards with limited number of

intersections.

PROJECT AREA AND LOCATION

The proposed CLLEX is to be constructed in the provinces of Tarlac

and Nueva Ecija, which are part of Region 3. The proposed Project has a

ROW of 60 meters in width, and a length of 30.7 kilometers, from its

connection with the SCTEX (in Brgy. Bantog, Tarlac City, Tarlac) to the PPH

(in Brgy. Caalibangbangan, Cabanatuan City, Nueva Ecija, near tits boundary.

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PROCESS DOCUMENTATION OF THE CONDUCT OF EIA

Primary and secondary information were utilized in the preparation of

this EIA Report. The baseline information required in the preparation of this

report was established through series of field investigations and ocular

inspections. Dissemination of project information was primarily done through

conduct of consultation meetings with the affected people, and concerned

government agencies and entities.

Secondary data presented in this Report were taken from

Environmental and Engineering Studies conducted related to the project such

as the Environmental Impact Assessment for the Central Luzon Link

Expressway Project, 2010 (LIVCOR Consulting, Inc. [Link]) and the Feasibility

Study Report for the Proposed Central Luzon Link Expressway (CLLEX)

under the Consultancy Services for the Pre-Construction and Supervision of

the Arterial Road Bypass Project, 2010 (Katahira & Engineers International,

[Link]). Additional data were obtained from various government agencies such

as the Provincial/City/Muncipal Planning and Development Office, Assessor‟s

Office (Tarlac City, La Paz, Province of Tarlac and Zaragosa, Aliaga,

Cabanatuan Province of Nueva Ecija), PAGASA, Department of Agriculture,

Bureau of Soils and National Irrigation Authority.

THE EIA TEAM

ECOSYSCORP, Inc is a private Environmental Consulting Firm who

specializes in conduct and preparation of environmental researches,

Resettlement Action Plan (RAP), and related environmental studies has been

involved numerous infrastructure projects for the since its incorporation in

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1994. Team Leader Ms. Annabelle N. Herrera and experts specializing in

various fields of environmental disciplines compose the EIA Team.

Table I briefly describes the Preparers‟ field of expertise and the EIA module

assigned to each expert.

EIA STUDY SCHEDULE

Table II summarizes the EIA activities undertaken and completed by the

Team in the duration of the study.

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EIA METHODOLOGY

The Land

Geology and Geomorphology

The Geological and Geomorphologic information presented in this

report were taken primarily from existing EIA and Feasibility Study Reports.

Terrestrial Biology

Flora

The assessment of the vegetation in the vicinity of the proposed

CLLEX Project was conducted last October 8 to 9, 2009 by LIVCOR. The

floral transect survey was undertaken by traversing the areas that will be

affected by the proposed project alignment and making observation and listing

down the plant species encountered using transect line.

Fauna (Avifauna)

Faunal transect survey was undertaken simultaneously with the floral

species assessment of the proposed project which was conducted by

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LIVCOR. The assessment of animal species was done by making

observations and listing down of species encountered along the way with the

help of local guides.

The Water

Water Quality

Water samples were taken from the upstream and downstream

portions of the river and creeks along the alignment using a 1-liter sterilized

mineral water bottle. Standard water sample preparation procedure was

followed. The sample bottles were properly labeled; the caps were securely

sealed with scotch tape, and placed in a chest filled with ice to preserve the

samples. The samples were later brought to the laboratory for analysis of

TSS, BOD, DO, TC and conductivity.

Field measurements of pH and temperature were also undertaken. A

400 ml sterilized beaker was filled with samples from the river and creeks.

Using a portable pH and a laboratory thermometer, on-site measurements

were taken. The pH meter was properly calibrated prior to use. Physical

appearance of the water is also recorded.

The Air

Air Quality

The air quality parameters considered during the sampling were Sulfur

Dioxide (SO2), Nitrogen Dioxide (NO2), and Total Suspended Particulates

(TSP). The monitoring was based on a 1-hour sampling period and one (1)

24-hour period at Station 1.

The methods of analyses of air samples are Pararosaniline Method for

SO2 and Griess Saltzman Method for NO2. This method done is by bubbling

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the ambient air through an absorbing solution in the glass impingers using the

AirChek Gas Sampler. For total suspended particulates (TSP), gravimetric

method is adopted using a Staplex high-volume sampler with a filter paper

that is weigh prior to and after sampling.

Analyses methods were adopted as specified in DENR DAO 14. The

sampling was done in conformity with the National Ambient Air Quality

Standards (NAAQS) of the Department of Environmental and Natural

Resources (DENR).

Noise Level

Noise level monitoring was simultaneously done with the conduct of the

air quality sampling at the same sites. The noise level monitoring was

conducted in accordance with the standard monitoring periods specified in the

National Environmental Protection Council (NEPC) EIA Handbook. Averaging

of the noise frequencies received by the portable noise meter within a 10-

minute period was done. The noise meter was properly calibrated as specified

in the manual prior to sampling.

The People

Surveys were conducted in the areas traversed by the proposed

Central Luzon Link Expressway Project Phase I particularly those who will be

directly affected by the proposed project to establish socio-economic profile of

the stakeholders (Tarlac City and La Paz in the Province of Tarla; Zaragosa,

Aliaga and Cabanatuan City in the Province of Nueva Ecija).

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PUBLIC PARTICIPATION

Consultation Meetings

The EIA Team organized consultation meetings: four (4) with the LGUs

and six (6) with project affected persons.

Aside from the EIA Team, representative/s from implementing agency

DPWH and representative/s from JICA Study Team were in attendance to

provide responses and clarifications to queries on the engineering aspect.

SUMMARY OF BASELINE CHARACTERIZATION

The Land

Land Use and Classification

Central Luzon is the longest contagious area of lowlands and is known as the

central plains of Luzon. The Region produces one third of the country’s total

rice production. It is also called as the Rice Granary of the Philippines. Forty

one percent of its total land area is agricultural plains with rice as the major

crop.

Topography

Nueva Ecija. The terrain of Nueva Ecija begins with the southwestern

marshes near the Pampanga border. It levels off and then gradually increases

in elevation to rolling hills as it approaches the mountains of Sierra Madre in

the east, and the Caraballo and Cordillera ranges in the north.

It is dominated by a broad expanse of alluvial plain covering more than

one-half of the whole provinces. The only areas of high relief are the northern

and eastern boundaries where the Sierra Madre, Cordillera and the Caraballo

Mountains occur. The Sierra Madre constitutes one continuous topographic

unit that forms an almost north-south trending block bordering the eastern

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boundary of the provinces of Quezon. The alluvial plain is gently undulating

towards the east and rises abruptly to the Sierra Madre Cordillera.

Tarlac. The Tarlac province is situated in the Central Plain of Luzon

and is bounded by Pangasinan Province on the north, Nueva Ecija Province

on the east, Pampanga Province on the south, and the Zambales Province on

the west. Its exact position is between 120010‟ to 120047‟ longitudes and

15010‟ to 15055‟ north latitude. The location of this province in Central Luzon

is nearer to the Gulf of Lingayen than to Manila Bay. Tarlac, the provincial

capital, is 131.3 kilometers from Manila.

There are two distinct geographical areas in the province. The northern

and eastern parts consist of an extensive level plain of recent alluvial deposits

of sand, silt and small amount of clay. The western and northwestern parts

consist of hills and mountains comprising the eastern sides of the Zambales

mountain range. There are three prominent mountains in this range, namely,

Dome Park (1,389 meters high), Iba Mountain (1,605 meters high) and

Sawtooth Mountain (1, 806 meters high). These mountains and the areas

surrounding them consist of volcanic rocks of basalts and andesites. The

andesites are mostly porphyritic.

Physiography and Geomorphology

The Central plain is the main geomorphological feature between the

gulf of Lingayen and Manila and this is where Nueva Ecija and Tarlac can be

found. The central plains‟ lithology is mostly composed of alluvium deposits

formed by the Agno River. Agno River shows a braided channel pattern which

then transforms into a southwest directed bend as it passes the Central Luzon

Plain. The most dominant lithology in the Project area, as shown are the Late

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Oligocene to Pleistocene and quaternary alluvium deposited by the Agno

River.

Geology

Geologically, the plain of the provinces consists of recent alluvial

deposits of various materials. The depths of these deposits vary in many

places according to the elevation of the area. The absence of gravel, cobble-

stones, and pebble in the substratum shows that these deposits were made

by slow-moving streams. The mountains in the northern part consist of

Tertiary undifferentiated rocks, while those on the eastern sides consist of

Tertiary and later effusive rocks of rhyolites, dacites, and basalts. The foothills

on the western flank of Sierra Madre Range consist of narrow strips of

volcanic tuff material, sandstone, shales and limestones.

The rock formation in the province is represented by time units ranging

in age from PreCretaceous to Quaternary. This is adopted from the Geology

and Mineral Resources of Nueva Ecija by Leonardo R. Antonio.

Terrestrial Biology

Flora

The historic pre-development pattern of land use in the provinces of

Tarlac and Nueva Ecija are predominantly an agricultural system (rice fields),

with the scattered patches of shrubs and miniaturize tress. The present

conditions of the area explain that the existing ecosystems were most likely,

characterized by relatively „very low‟ to „low‟ species diversity and an

impaired rates of ecological functioning due primarily to a lot of human

interventions and disturbances as a result of the various land and farming

activities. The proposed Project’s site and its surrounding areas represent a

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region of „low‟ ecological significance or importance in terms species

diversity.

Fauna (Avifauna)

The same with the floral condition of the Project area, the assessment

of faunal conditions is characterized by relatively „very low‟ to „low‟ species

diversity due to the long history of human intervention, such as farming and

other agro-industrial activities. There are no critical wildlife habitat areas that

will be encountered or disturbed, and, in fact, most of the vicinity of the

proposed Project are identified or been transformed to farmlands are

classified as agricultural, have mostly domesticated animals. These animals

are either used for pets, poultry, farming, and livestock feeding.

The Water

Water Quality

Pampanga River, the largest river draining into Manila Bay and the

fourth largest river basin in the Philippines, is classified “Class A” under DENR

standards (DAO 90-34) in its upstream and „Class C‟ in its downstream.

There are seven (7) water quality stations conducted with the parameters of

Biological Oxygen Demand (BOD), total Suspended Solids (TSS), and

Dissolved Oxygen (DO), Total Coliform and Conductivity last July 21, 2011.

The Air

Air Quality

It was observed that the present 1-hour ambient ground level

concentration of total suspended particulates (TSP) ranges from 47 to 299

μg/Ncm. The DENR standard of 300 μg/Ncm was not exceeded in all five

sampling station. The station A5 (Maharlika) recorded the highest TSP level in

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the selected sampling station for both morning and afternoon sampling of 299

and 247 ug/Ncm, respectively.

The gaseous pollutants, sulfur dioxide (SO2) and nitrogen dioxide

(NO2), shows the concentrations level ranging from 10 to 30 μg/Ncm for SO2

and from 2 to 11 μg/Ncm for NO2 for the 1-hour time averaging sampling.

Station A5 (Maharlika) recorded the highest measured gaseous pollutant

concentration for SO2 and NO2 for a 1-hour time average measurement for

both morning and afternoon period. The 1-hr sampling observed

concentration is way below the limit set by DENR standard (see Table 3.9).

These values are well within DENR ambient standards of 340 g/Ncm for

SO2 and 260 g/Ncm for NO2 for 1-hr sampling.

Climatology

The prevailing climate in Nueva Ecija is Type I and Type III based on

Philippine Atmospheric and Geophysical and Astronomical Services

Administration’s (PAGASA) Corona’s Classification System, as shown in

Figure 3-7. The Type I classification has dry season from December to May,

and wet for the rest of the year. Type III has no pronounced maximum rain

periods but with short dry season lasting from one (1) to three (3) months.

Nueva Ecija also has an average relative humidity of 87% while

temperature ranges from 21.5ºC to 35.7ºC. The recorded average mean

amount of rainfall for the year is 1597.1 mm, with highest amount of 4,304 mm

during the month of August. (Nueva Ecija Provincial Profile, 2008).

Tarlac belongs to Type I climate and it experiences rainfall during the

southwest monsoon period from June to November, which is the wet season.

November to May is the dry season. The hottest part of the year is March to

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May and sometimes extends up to June. The heaviest rains come in July to

November with August being the wettest month of the year.

Noise Level

The noise measurements were conducted using a Center 322 Data

logging sound level meter on A-weighting scale.

The noise levels along proposed Central Luzon Link Expressway road

project are typical for an urban area due to heavy volume of traffic except at

station A1 (SCTEX) where station is located in an agricultural field about 150

meter from the SCTEX expressway. The average noise levels for the five

sampling stations ranged from 48.8 to 70.9 dB (A) during daytime period 1-hr

air sampling measurement.

The People

Direct Impact Areas

There are 224 households interviewed. Among the households, 53.1%

have an average household size of 1-4 persons. 2.2% have more than ten

(10) persons per household and 44.6% have an average household size of 5-

10 persons.

Social Acceptability

There are several criteria used for evaluating the social acceptability of

a project. Some of these are environmental soundness, poverty alleviation,

concurrence to land use plans and conflict resolution. A more direct way

however, is through perception survey wherein the PAPs are asked whether

they are in favor of the proposed project or not. There are 64 and 160

respondents in the DIA Type A and B respectively and 100 respondents in the

IIA were interviewed.

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A relatively high percentage of 68.5% are in favor of the project. The

remaining 31.4% are not in favor due to the negative impact the project will

brought particularly in loss of income and land in farming.

When asked about perceived positive impact of the proposed project,

the respondents‟ top three (3) answers are (i) it will improve accessibility

(30.6%); (ii) it will improve farm products delivery (21.9%) and (iii) will improve

quality of life (17.6%). Others still believe that the project will not generate any

positive impact (3.7%).

SOCIAL DEVELOPMENT PROGRAM (SDP)

The DPWH must support a Social Development Program (SDP) that

will ensure that affected communities get compensated for the disturbance to

their normal lives, not only in terms of monetary settlement for the damages. It

is just fair that they be assisted so that the processing of payment due them

can be expedited. Aside from these, DPWH must also make sure that the

relocation plan is sustainable; i.e., aside from the basic amenities at the

resettlement area, an alternative livelihood assistance program must be

included.

The criteria used for identifying beneficiaries who would be eligible to

the SDP for the CLLEX Project Phase 1 are those:

(i) Informal settlers who have no awarded land from government housing

project;

(ii) Informal settlers who no other place to thrive in;

(iii) Who do not have other means of livelihood;

(iv) Farmers who will loss income and land.

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IMPACT IDENTIFICATION, MITIGATION AND ENHANCEMENT

Briefly, the following are considered significant adverse impacts:

(i) Physical displacement of informal settler/landless families from La Paz,

Tarlac (3), Zaragosa (1), Aliaga (32) and (28) Cabanatuan, Nueva Ecija;

(ii) Socio-economic displacement of estimated 507 farm landowners;

(iii) Noise pollution to noise sensitive receptors such as schools, churches and

residential areas near the proposed CLLEX Project Phase 1; and

(iv) Traffic congestion during construction stage;

CONTINGENCY AND RESPONSE PLAN

During the construction of the CLLEX Project Phase I, the Constructors must

ensure that;

(i) Adequate warning signs, barricades, warning light including traffic aides

must be provided at all times during construction;

(ii) Vehicles for emergency cases are provided;

(iii) Ensure that all equipment are in good working condition;

(iv) The construction crew are using the required safety procedures/methods

and are always using their Personal Protective Equipment (PPE); and

(v) Safety and emergency contingency programs are formulated and

coordinated at all times

DECOMMISIONING AND ABANDONEMENT

Decommissioning and abandonment measures must be implemented

after the construction activities. Upon completion of the project, all parties

concerned, such as the DPWH, the DENR, and the LGUs must jointly inspect

the area to check if:

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(i) Temporary structures, if not usable anymore are dismantled, and

stockpiled materials are properly disposed of;

(ii) Interrupted power, water, telecoms service connections are properly

reinstalled or re-commissioned, and in the usual functioning conditions;

(iii) Construction equipment and used materials are transported back to the

contractors; and (iv) Temporary camp of construction workers and facilities

are dismantled ad cleared of debris.

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CHAPTER IV

Clean Air Act

Republic Act No. 8749 June 23, 1999

AN ACT PROVIDING FOR A COMPREHENSIVE AIR POLLUTION

CONTROL POLICY AND FOR OTHER PURPOSES

The Clean Air Act (CAA) is the comprehensive federal law that

regulates air emissions from stationary and mobile sources. Among other

things, this law authorizes EPA to establish National Ambient Air Quality

Standards (NAAQS) to protect public health and public welfare and to

regulate emissions of hazardous air pollutants.

Part I

Definition of Terms

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;

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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) Eco-profile means the geographic-based instrument for planners and

decision-makers who 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;

g) Emission means any air contaminant, pollutant, gas stream or unwanted

sound from a known source which is passed into the atmosphere;

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h) 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;

i) 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;

j) Infectious waste means that portion of medical waste that could transmit

an infectious disease;

k) Medical waste means the materials generated as a result of patient

diagnosis, treatment, or immunization of human beings or animals;

l) 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;

m) 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;

n) Municipal waste means the waste materials generated from communities

within a specific locality;

o) 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

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or authority, and operated on the highways of the Philippines, any foreign

state or country;

p) 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;

q) 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;

r) 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;

s) 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;

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t) 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;

u) Pollution control technology means the pollution control devices,

production process, fuel combustion processes or other means that effectively

prevent or reduce emissions or effluent;

v) 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

w) Stationary source means any building or immobile structure, facility or

installation which emits or may emit any air pollutant

Pursuant to the provisions of Section 51 of Republic Act No. 8749,

otherwise known as the “Philippine Clean Air Act of 1999,” and by virtue of

Executive Order No. 192, Series of 1987, the Department of Environment and

Natural resources hereby adopts and promulgates the following rules and

regulations:

Part II

General Provisions

Rule I Preliminary Provisions

Section 1. Title. These rules shall be known and cited as the “Implementing

Rules and Regulation of the Philippine Clean Air Act of 1999.”

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Section 2. Purpose. The purpose of these rules is to provide guidelines on

the operationalization of the Philippine Clean Air Act of 1999.

Section 3. Scope. These rules shall lay down the powers and functions of the

Department of Environment and Natural Resources (DENR), the Department

of Transportation and Communication (DOTC), the Department of Trade and

Industry (DTI), the Department of Energy (DOE) and all other concerned

agencies, the rights and obligations of stakeholders and the rights and duties

of the people with respect to the Air Quality Management and Control

Program.

Section 4. Construction. These Implementing Rules and Regulations shall be

liberally construed to carry out the national policy of balancing development

and environmental protection through the pursuance of the framework of

sustainable development. Sustainable development shall refer to

development that meets the needs of the present without compromising the

ability of future generations to meet their own needs.

Rule II Declaration of State Policy

Section 1. Declaration of Policy. It is the policy of the State to protect and

advance the right of people to a balanced and healthful ecology in accord with

the rhythm and harmony of nature. It is also the policy of the State to attain

and maintain a balance between development and environmental protection.

Finally, it is the policy of the State to maintain a quality of air that protects

human health and welfare.

Rule III Air Quality Principles

Section 1. Air Quality Principles.

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a. 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.

b. The State recognizes that the responsibility of cleaning the habitat and

environment is primarily area-based and that air quality management and

control is most effective at the level of airsheds.

c. The State recognizes the principle that "polluters must pay" and the

important role of economic instruments in air quality management and control.

d. The State recognizes that a clean and healthy environment is for the good

of all and should therefore be a concern of all.

Rule IV Air Quality Policies

Section 1. Air Quality Policies. It is the policy of the State to:

a. Formulate a comprehensive 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

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include the setting up of a funding or guarantee mechanism for clean-up and

environmental rehabilitation and compensation for personal damages.

Rule V Rights

Section 1. 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

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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.

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REFERENCES

Department of Environment and Natural Resources: DENR Administrative

Order No. 2003-30. Retrieved on September 7, 2017 from

[Link]

Difference of Copyright and a Patent. Retrieved on September 10, 2017 from

[Link]

[Link]

Difference of Trademark and a Patent. Retrieved on September 10, 2017 from

[Link]

[Link]

Environment Law in the Northern Territory. (n.d.). In Environmental Deffendes

Office (NT) Inc. Retrieved September 11, 2017. from

[Link]

Environmental Laws (Parungao M. 2010). In Slideshare. Retrieved September

11, 2017. from

[Link]

Joselito Guianan Chan, Chan Robles and Associates Law Firm. (n.d.).

Philippine Environment Laws - Chan Robles Virtual Law Library.

Retrieved September 08, 2017, from [Link]

proclamation [Link]#.WbPhH_MjHZ5

Major Environmental Laws. (n. d.). In Environmental Compliance Assistance

Center. Retrieved September 11, 2017. from

[Link]

Patent Cooperation Treaty. (2017, July 2). Retrieved September 10, 2017,

from [Link]

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Patents in the Philippines. (2016, October 23). Retrieved September 10,

2017, from [Link] wiki/Patents_in_the_Philippines#

Philippine_Law

Patent Law. Retrieved on September 10, 2017 from

[Link]

Patent Law in the Philippines. Retrieved on September 10, 2017 from

[Link]

Philippines: Changing the Law To Reduce Cost Of Medicines. (2014, August

22). Retrieved September 10, 2017, from

[Link]

of-medicines/

Republic Act 8293: Protecting the Intellectual Property in the Philippines.

(2013, October 11). Retrieved September 10, 2017, from

[Link]

Robles, C. (1998, July 19). Intellectual Property Code of The Philippines - An

Overview. Retrieved September 10, 2017, from

[Link]

Summary of the WIPO Copyright Treaty (WCT) (1996). (n.d.). Retrieved

September 10, 2017, from

[Link]

The LAWPHiL Project: Presidential Decree (PD) 1586. Retrieved on

September 7, 2017 from [Link] statutes/presdecs

/pd1978/pd_1586_1978.html

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Trips Agreement. (2017, August 2). Retrieved September 10, 2017, from

[Link]

World Bank. 2007. Philippines - The Philippine environmental impact

statement system: framework, implementation, performance and

challenges. Washington, DC: World Bank.

[Link]

ppines-The-Philippine-environmental-impact-statement-system-frame

workimplementation-performance-and-challenges

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