ENVIRONMENTAL AND NATURAL RESOURCES LAW | Atty.

Ator | AY 2024-2025 | Kierra Carlobos

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Republic Act No. 9275 An Act Providing for a Comprehensive Air Pollution Control Policy and for Other
Philippine Clean Water Act Purposes

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An Act Providing for a Comprehensive Water Quality Management and for Other ●​ What is RA 8749?
Purposes ○​ Philippine Clean Air Act
■​ Enacted on June 23, 1999 on the principle that a clean and healthy
●​ What is Republic Act No. 9275? environment is for the good of all and should therefore be the
○​ The Philippine Clean Water Act (CWA); concern of all.
○​ Enacted on March 22, 2004; ●​ What are the declared principles under RA 8749?
○​ Based on the policy of economic growth in a manner consistent with the ○​ Section 2. Declaration of Principles. - The State shall protect and advance
protection, preservation and revival of the quality of our fresh, brackish and the right of the people to a balanced and healthful ecology in accord with the

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marine waters; rhythm and harmony of nature.
○​ The act applies to water quality management in all water bodies, but shall ○​ The State shall promote and protect the global environment to attain
primarily govern the abatement and control of pollution from land-based sustainable development while recognizing the primary responsibility of local
sources; government units to deal with environmental problems.
○​ CWA was enacted in the hope that “this vital measure will offer the future ○​ The State recognizes that the responsibility of cleaning the habitat and
generation an abundant supply of potable water, clean rivers to swim (in) environment is primarily area-based.

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and a better access to safe water for their daily use; ○​ The State also recognizes the principle that "polluters must pay".
○​ Sec. 8. Domestic Sewage Collection, Treatment and Disposal. - Within five ○​ Finally, the State recognizes that a clean and healthy environment is for the
(5) years following the effectivity of this Act, the Agency vested to provide good of all and should, therefore, be the concern of all.
water supply and sewerage facilities and/or concessionaires in Metro Manila ●​ What are the declared policies under RA 8749?
and other highly urbanized cities (HUCs) as defined in Republic Act No. ○​ Section 3. Declaration of Policies. - The State shall pursue a policy of
7160, in coordination with LGUs, shall be required to connect the existing balancing development and environmental protection. To achieve this end,
sewage line found in all subdivisions, condominiums, commercial centers, the framework for sustainable development shall be pursued. It shall be the

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hotels, sports and recreational facilities, hospitals, market places, public policy of the State to:
buildings, industrial complex and other similar establishments including ■​ Formulate a holistic national program of air pollution management
households to available sewerage system. that shall be implemented by the government through proper
○​ Provided, That the said connection shall be subject to sewerage services delegation and effective coordination of functions and activities;
charge/fees in accordance with existing laws, rules or regulations unless the ■​ Encourage cooperation and self-regulation among citizens and
sources had already utilized their own sewerage system: industries through the application of market-based instruments;
○​ Provided, further, That all sources of sewage and septage shall comply with ■​ Focus primarily on pollution prevention rather than on control and
the requirements herein. In areas not considered as HUCs, the DPWH in provide for a comprehensive management program for air pollution;
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coordination with the Department, DOH and other concerned agencies, shall ■​ Promote public information and education and to encourage the
employ septage or combined sewerage-septage management systems. For participation of an informed and active public in air quality planning
the purpose of this Sec., the DOH, coordination with other government and monitoring; and
agencies, shall formulate guidelines and standards for the collection, ■​ Formulate and enforce a system of accountability for short and
treatment and disposal of sewage including guidelines for the establishment long-term adverse environmental impact of a project, program or
and operation of centralized sewage treatment system. activity. This shall include the setting up of a funding or guarantee
●​ What is the monumental case of Maynilad Water Services, Inc. vs. Secretary of mechanism for clean-up and environmental rehabilitation and
Environment and Natural Resources? compensation for personal damages.
●​ What are the rights being recognized under RA 8749?
Republic Act 8749 ○​ Section 4. Recognition of Rights. - Pursuant to the above-declared
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Philippine Clean Air Act | June 23, 1999 principles, the following rights of citizens are hereby sought to be recognized
and the State shall seek to guarantee their enjoyment:
■​ The right to breathe clean air;

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■​ The right to utilize and enjoy all natural resources according to the determined by dividing by two (2) the sum of the Research Octane Number
principles of sustainable development; (RON), plus the Motor Octane Number (MON); the octane requirement, with

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■​ The right to participate in the formulation, planning, implementation respect to automotive gasoline for use in a motor vehicle or a class thereof,
and monitoring of environmental policies and programs and in the whether imported, manufactured, or assembled by a manufacturer, shall
decision-making process; refer to the minimum octane rating of such automotive gasoline which such
■​ The right to participate in the decision-making process concerning manufacturer recommends for the efficient operation of such motor vehicle,
development policies, plans and programs projects or activities that or a substantial portion of such class, without knocking.
may have adverse impact on the environment and public health; ●​ What are ODS?
■​ The right to be informed of the nature and extent of the potential ○​ "Ozone Depleting Substances (ODS)" means those substances that
hazard of any activity, undertaking or project and to be served significantly deplete or otherwise modify the ozone layer in a manner that is
timely notice of any significant rise in the level of pollution and the likely to result in adverse effects of human health and the environment such

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accidental or deliberate release into the atmosphere of harmful or as, but not limited to, chlorofluorocarbons, halons and the like.
hazardous substances; ●​ What are POPs?
■​ The right of access to public records which a citizen may need to ○​ "Persistent Organic Pollutants (POPs)" means the organic compounds that
exercise his or her rights effectively under this Act; persist in the environment, bioaccumulate through the food web, and pose a
■​ The right to bring action in court or quasi-judicial bodies to enjoin all risk of causing adverse effects to human health and the environment. These
activities in violation of environmental laws and regulations, to compounds resist photolytic, chemical and biological degradation, which

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compel the rehabilitation and cleanup of affected area, and to seek shall include but not be limited to dioxin, furan, Polychlorinated Biphenyls
the imposition of penal sanctions against violators of environmental (PCBs), organochlorine pesticides, such as aldrin, dieldrin, DDT,
laws; and hexachlorobenzene, lindane, toxaphere and chlordane
■​ The right to bring action in court for compensation of personal ●​ What is standard of performance?
damages resulting from the adverse environmental and public ○​ "Standard of performance" means a standard for emissions of air pollutant
health impact of a project or activity. which reflects the degree of emission limitation achievable through the
●​ What is air pollution? application of the best system of emission reduction, taking into account the

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○​ "Air pollution" means any alteration of the physical, chemical and biological cost of achieving such reduction and any non-air quality health and
properties of the atmospheric air, or any discharge thereto of any liquid, environmental impact and energy requirement which the Department
gaseous or solid substances that will or is likely to create or to render the air determines, and adequately demonstrates
resources of the country harmful, detrimental, or injurious to public health, ●​ What is a stationary source?
safety or welfare or which will adversely affect their utilization for domestic, ○​ "Stationary source" means any building or immobile structure, facility or
commercial, industrial, agricultural, recreational, or other legitimate purposes installation which emits or may emit any air pollutant.
●​ What is a Certificate of Conformity? ●​ What is an airshed?
○​ e) "Certificate of Conformity" means a certificate issued by the Department ○​ Section 9. Airsheds. - Pursuant to Sec. 8 of this Act, the designation of
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of Environment and Natural Resources to a vehicle manufacturer/assembler airsheds shall be on the basis of, but not limited to, areas with similar
or importer certifying that a particular new vehicle or vehicle type meets the climate, meteorology and topology which affect the interchange and diffusion
requirements provided under this Act and its rules and regulations of pollutants in the atmosphere, or areas which share common interest or
●​ What is emission? face similar development programs, prospects or problems.
○​ "Emission" means any air contaminant, pollutant, gas stream or unwanted ○​ For a more effective air quality management, a system of planning and
sound from a known source which is passed into the atmosphere. coordination shall be established and a common action plan shall be
●​ What are greenhouse gases? formulated for each airshed.
○​ "Greenhouse gases" mean those gases that can potentially or can ○​ To effectively carry out the formulated action plans, a Governing Board is
reasonably be expected to induce global warming, which include carbon hereby created, hereinafter referred to as the Board.
dioxide, methane, oxides of nitrogen, chlorofluorocarbons, and the like. ○​ The Board shall be headed by the Secretary of the Department of
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●​ What is Octane Rating or the Anti-Knock Index (AKI)? Environment and Natural Resources as chairman. The members shall be as
○​ "Octane Rating or the Anti-Knock Index(AKI)" means the rating of the follows:
anti-knock characteristics of a grade or type of automotive gasoline as ■​ a) Provincial Governors from areas belonging to the airshed;

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■​ b) City/Municipal Mayors from areas belonging to the ○​ Local government units are hereby mandated to promote, encourage and
■​ c) A representative from each concerned government agency; implement in their respective jurisdiction a comprehensive ecological waste

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■​ d) Representatives from people’s organizations; management that includes waste segregation, recycling and composting.
■​ e) Representatives from non-government organizations; and ○​ With due concern on the effects of climate change, the Department shall
■​ f) Representatives from the private sector. promote the use of state-of-the-art, environmentally-sound and safe
○​ The Board shall perform the following functions: non-burn technologies for the handling, treatment, thermal destruction,
■​ a) Formulation of policies; utilization, and disposal of sorted, unrecycled, uncomposted, biomedical and
■​ b) Preparation of a common action plan; hazardous wastes.
■​ c) Coordination of functions among its members; and ●​ How about pollution from motor vehicles?
■​ d) Submission and publication of an annual Air Quality Status ○​ Section 21. Pollution from Motor Vehicles. -
Report for each airshed. ■​ a) The DOTC shall implement the emission standards for motor

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○​ Upon consultation with appropriate local government authorities, the vehicles set pursuant to and as provided in this Act. To further
Department shall, from time to time, revise the designation of airsheds improve the emission standards, the Department shall review,
utilizing eco-profiling techniques and undertaking scientific studies. revise and publish the standards every two (2) years, or as the
○​ Emissions trading may be allowed among pollution sources within an need arises. It shall consider the maximum limits for all major
airshed. pollutants to ensure substantial improvement in air quality for the
●​ What are pollution from stationary sources? health, safety and welfare of the general public.

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○​ Section 19. Pollution From Stationary Sources. - ●​ Does Mandamus lie to compel public utility vehicles (PUVs) to use compressed
■​ The Department shall, within two (2) years from the effectivity of natural gas (CNG) as alternative fuel in the absence of specific law on the matter?
this Act, and every two (2) years thereafter, review, or as the need ○​ In the case of Henares vs LTFRB, the Court denied the petition for the
therefore arises, revise and publish emission standards, to further issuance of writ of mandamus commanding respondents LTFRB and DOTC
improve the emission standards for stationary sources of air to require public utility vehicles (PUVs) to use compressed natural gas
pollution. Such emission standards shall be based on mass rate of (CNG).
emission for all stationary source of air pollution based on ■​ The Court explained that the function of the DOTC is limited to

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internationally accepted standards, but not be limited to, nor be less implementing the emission standards set forth in RA 8749 and the
stringent than such standards and with the standards set forth in said law only goas as far as setting the maximum limit for the
this section. The standards, whichever is applicable, shall be the emission of vehicles, but it does not recognize CNG as an
limit on the acceptable level of pollutants emitted from a stationary alternative engine fuel.
source for the protection of the public’s health and welfare. ■​ Undeniably, the right to clean air not only is an issue of paramount
○​ With respect to any trade, industry, process and fuel-burning equipment or importance to petitioners for it concerns the air they breathe, but it
industrial plant emitting air pollutants is also impressed with the public interest.
●​ What is ban on incineration? ■​ However, the Court held that a writ of mandamus commanding
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○​ Section 20. Ban on Incineration. - respondents to require PUVs to use CNG is unavailing since there
■​ Incineration, hereby defined as the burning of municipal, biomedical is not law that mandates the respondents LTFRB and the DOTC to
and hazardous waste, which process emits poisonous and toxic order owners of motor vehicles to use CNG.
fumes is hereby prohibited; Provided, however, That the prohibition ●​ What are the policies on the regulation of all vehicles and engines?
shall not apply to traditional small-scale method of ○​ Section 22. Regulation of All Motor Vehicles and Engines. - Any imported
community/neighborhood sanitation "siga", traditional, agricultural, new or locally-assembled new motor vehicle shall not be registered unless it
cultural, health, and food preparation and crematoria; Provided, complies with the emission standards set pursuant to this Act, as evidenced
Further, That existing incinerators dealing with a biomedical wastes by a Certificate of Conformity (COC) issued by the Department.
shall be out within three (3) years after the effectivity of this Act; ○​ Any imported new motor vehicle engine shall not be introduced into
Provided, Finally, that in the interim, such units shall be limited to commerce, sold or used unless it complies with emission standards set
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the burning of pathological and infectious wastes, and subject to pursuant to this Act.
close monitoring by the Department.

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○​ Any imported used motor vehicle or rebuilt motor vehicle using new or used to effectively guide air pollution monitoring and standard-setting
engines, major parts or components shall not be registered unless it activities.

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complies with the emission standards. ■​ The Department, together with concerned agencies and local
○​ In case of non-compliance, the importer or consignee may be allowed to government units, shall prepare and fully implement a national plan
modify or rebuild the vehicular engine so it will be in compliance with consistent with the United Nations Framework Convention on
applicable emission standards. Climate Change and other international agreements, conventions
○​ No motor vehicle registration (MVR) shall be issued unless such motor and protocols on the reduction of greenhouse gas emissions in the
vehicle passes the emission testing requirement promulgated in accordance country.
with this Act. Such testing shall be conducted by the DOTC or its authorized ○​ Section 32. Persistent Organic Pollutants. -
inspection centers within sixty (60) days prior to date of registration. ■​ The Department shall, within a period of two (2) years after the
○​ The DTI shall promulgate the necessary regulations prescribing the useful enactment of this Act, establish an inventory list of all sources of

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life of vehicles and engines including devices in order to ensure that such Persistent Organic Pollutants (POPs) in the country. The
vehicles will conform to the emissions which they were certified to meet. Department shall develop short-term and long-term national
These regulations shall include provisions for ensuring the durability of government programs on the reduction and elimination of POPs
emission devices. such as dioxins and furans. Such programs shall be formulated
●​ What are pollution from other sources? within a year after the establishment of the inventory list.
○​ Section 24. Pollution from smoking. ○​ Section 33. Radioactive Emissions. -

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■​ Smoking inside a public building or an enclosed public place ■​ All projects which will involve the use of atomic and/or nuclear
including public vehicles and other means of transport or in any energy, and will entail release and emission of radioactive
enclosed area outside of one's private residence, private place of substances into the environment, incident to the establishment or
work or any duly designated smoking area is hereby prohibited possession of nuclear energy facilities and radioactive materials,
under this Act. This provision shall be implemented by the LGUs. handling, transport, production, storage, and use of radioactive
○​ Section 25. Pollution from other mobile sources. materials, shall be regulated in the interest of public health and
■​ The Department, in coordination with appropriate agencies, shall welfare by the Philippine

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formulate and establish the necessary standards for all mobile ■​ Nuclear Research Institute (PNRI), in coordination with Department
sources other than those referred to in Sec. 21 of this Act. The and other appropriate government agencies.
imposition of the appropriate fines and penalties from these ●​ What is the lead agency responsible for the implementation of the Philippine Clean
sources for any violation of emission standards shall be under the Air Act?
jurisdiction of the DOTC. ○​ The Department of Environment and Natural Resources (DENR)
●​ What are considered as other pollutants? Environmental Management Bureau shall be converted from a staff bureau
○​ Section 30. Ozone-Depleting Substances. to a line bureau DENR shall consult, participate, cooperate and enter into
■​ Consistent with the terms and conditions of the Montreal Protocol agreement with other government agencies, or with affected NGOs or Pos or
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on Substances that Deplete the Ozone Layer and other private enterprises
international agreements and protocols to which the Philippines is a ●​ What may be established in every province, city or municipality in accordance with
signatory, the Department shall phase out ozone-depleting the provisions of Section 484 of RA 7160?
substances. ○​ There may be established Environment and Natural Resources Office in
■​ Within sixty (60) days after the enactment of this Act, the every province, city or municipality which be shall headed by the
Department shall publish a list of substances which are known to environment and natural resources officer and shall be appointed by the
cause harmful effects on the stratospheric ozone layer. Chief Executive in every province, city or municipality in accordance with the
○​ Section 31. Greenhouse Gases. provisions of Section 484 of Republic Act 7160.
■​ The Philippine Atmospheric, Geophysical and Astronomical Service ●​ What agency has the sole and exclusive jurisdiction over all cases of air pollution and
Administration (PAGASA) shall regularly monitor meteorological all matters related thereto?
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factors affecting environmental conditions including ozone depletion ○​ The Pollution Adjudication Board (PAB) shall have the sole and exclusive
and greenhouse gases and coordinate with the Department in order jurisdiction over all cases of air pollution and all matters related thereto,

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including the imposition of administrative sanctions, except as may be requiring all interested parties to manifest their interest to intervene in the
provided by law. case within fifteen (15) days from notice thereof.

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●​ Does PAB have jurisdiction over an action for abatement of a private nuisance? ○​ The plaintiff may publish the order once in a newspaper of a general
○​ In the case of AC Enterprises, Inc. vs. Frabelle Properties Corporation, Inc., circulation in the Philippines or furnish all affected barangays copies of said
the Court answered in the negative citing that PAB has no primary order.
jurisdiction over the noise or private nuisance. The resolution of the issue ○​ Citizen suits filed under R.A. No. 8749 and R.A. No. 9003 shall be governed
before the RTC, which is whether the noise complained of is actionable by their respective provisions.
nuisance, does not require any special technical knowledge, expertise and ●​ What is a SLAPP?
experience of the PAB xxx requiring the determination of technical and ○​ Section 43. Suits and Strategic Legal Actions Against Public Participation
intricate matters of fact. and the Enforcement of This Act. - Where a suit is brought against a person
●​ What is a citizen suit under Republic Act 8749? who filed an action as provided in Sec. 41 of this Act, or against any person,

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○​ Section 41. Citizen Suits. - For purposes of enforcing the provisions of this institution or government agency that implements this Act, it shall be the duty
Act or its implementing rules and regulations, any citizen may file an of the investigating prosecutor or the court, as the case may be, to
appropriate civil, criminal or administrative action in the proper courts immediately make a determination not exceeding thirty (30) days whether
against: said legal action has been filed to harass, vex, exert undue pressure or stifle
■​ (a) Any person who violates or fails to comply with the provisions of such legal recourses of the person complaining of or enforcing the
this Act or its implementing rules and regulations; or provisions of this Act. Upon determination thereof, evidence warranting the

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■​ (b) The Department or other implementing agencies with respect to same, the court shall dismiss the case and award attorney's fees and double
orders, rules and regulations issued inconsistent with this Act; damages. This provision shall also apply and benefit public officers who are
and/or sued for acts committed in their official capacity, there being no grave abuse
■​ (c) Any public officer who willfully or grossly neglects the of authority, and done in the course of enforcing this Act.
performance of an act specifically enjoined as a duty by this Act or
its implementing rules and regulations; or abuses his authority in Republic Act 9003
the performance of his duty; or, in any manner, improperly performs Ecological Solid Waste Management Act of 2000

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his duties under this Act or its implementing rules and regulations:
Provided, however, That no suit can be filed until thirty-day (30) AN ACT PROVIDING FOR AN ECOLOGICAL SOLID
notice has been taken thereon. WASTE MANAGEMENT PROGRAM, CREATING THE NECESSARY INSTITUTIONAL
○​ The court shall exempt such action from the payment of filing fees, except MECHANISMS AND INCENTIVES, DECLARING CERTAIN ACTS PROHIBITED AND
fees for actions not capable of pecuniary estimations, and shall likewise, PROVIDING PENALTIES, APPROPRIATING FUNDS THEREFOR, AND FOR OTHER
upon prima facie showing of the non-enforcement or violation complained of, PURPOSES.
exempt the plaintiff from the filing of an injunction bond for the issuance of a
preliminary injunction.
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○​ Within thirty (30) days, the court shall make a determination if the compliant ●​ What is RA 9003?
herein is malicious and/or baseless and shall accordingly dismiss the action ○​ Republic Act 9003 is the Ecological Solid Waste Management Act of 2000;
and award attorney's fees and damages. ○​ It was enacted on January 26, 2001 to provide a systematic, comprehensive
●​ What is a citizen suit under the Rules of Procedure for Environmental Cases? and ecological solid waste management program.
○​ On April 29, 2020, the Supreme Court passed the landmark Rules of ●​ What are the objectives of the Act?
Procedure for Environmental Cases, which allow for a citizen suit, and ○​ SECTION 2. Declaration of Policies. — It is hereby declared the policy of
permit any Filipino citizen to file an action before our courts for violations of the State to adopt a systematic, comprehensive and ecological solid waste
our environmental laws. management program which shall:
○​ Section 5. Citizen suit. - Any Filipino citizen in representation of others, ■​ A. Ensure the protection of public health and environment;
including minors or generations yet unborn, may file an action to enforce ■​ B. Utilize environmentally-sound methods that maximize the
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rights or obligations under environmental laws. utilization of valuable resources and encourage resource
○​ Upon the filing of a citizen suit, the court shall issue an order which shall conservation and recovery;
contain a brief description of the cause of action and the reliefs prayed for,

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■​ C. Set guidelines and targets for solid waste avoidance and volume order to promote recycling and re-use of resources and to reduce the
reduction through source reduction and waste minimization volume of waste for collection and disposal.

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measures, including composting, recycling, re-use, recovery, green ○​ Based on DAO No. 2001-34 of the DENR, IRR of 9003, barangays shall be
charcoal process, and others, before collection, treatment and responsible for the collection, segregation, and recycling of biodegradable,
disposal in appropriate and environmentally sound solid waste recyclable, compostable and reusable wastes.
management facilities in accordance with ecologically sustainable ○​ For the purpose, a Materials Recovery Facility (MRF), which shall receive
development principles; biodegradable wastes for composting and mixed non-biodegradable wastes
■​ D. Ensure the proper segregation, collection, transport, storage, for final segregation, re-use and recycling, is to be established in every
treatment and disposal of solid waste through the formulation and barangay or cluster of barangays.
adoption of the best environmental practice in ecological waste ●​ What must LGU prepare to ensure the efficient management of solid waste generated
management excluding incineration; within its jurisdiction?

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■​ E. Promote national research and development programs for ○​ The LGU, through its local solid waste management board, is mandated by
improved solid waste management and resource conservation law to prepare a 10-year solid waste management plan consistent with the
techniques, more effective institutional arrangement and indigenous National Solid Waste Management Framework.
and improved methods of waste reduction, collection, separation ●​ What is meant by Ecological Solid Waste Management?
and recovery; ○​ Ecological solid waste management shall refer to the systematic
■​ F. Encourage greater private sector participation in solid waste administration of activities which provide for segregation at source,

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management; segregated transportation, storage, transfer, processing, treatment, and
■​ G. Retain primary enforcement and responsibility of solid waste disposal of solid waste and all other waste management activities which do
management with local government units while establishing a not harm the environment.
cooperative effort among the national government, other local ●​ What is the institutional mechanism for the implementation of RA 9003?
government units, non-government organizations, and the private ○​ SECTION 4. National Solid Waste Management Commission. — There is
sector; hereby established a National Solid Waste Management Commission,
■​ H. Encourage cooperation and self-regulation among waste hereinafter referred to as the Commission, under the Office of the President.

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generators through the application of market-based instruments; The Commission shall be composed of fourteen (14) members from the
■​ I. Institutionalize public participation in the development and government sector and three (3) members from the private sector. The
implementation of national and local integrated, comprehensive and government sector shall be represented by the heads of the following
ecological waste management programs; and agencies in their ex officio capacity:
■​ J. Strengthen the integration of ecological solid waste management ■​ (1) Department of Environment and Natural Resources (DENR);
and resource conservation and recovery topics into the academic ■​ (2) Department of the Interior and Local Government (DILG);
curricula of formal and non-formal education in order to promote ■​ (3) Department of Science and Technology (DOST);
environmental awareness and action among the citizenry. ■​ (4) Department of Public Works and Highways (DPWH);
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●​ RA 9003 requires systematic, comprehensive, and ecological solid waste ■​ (5) Department of Health (DOH);
management, what is the mandate of the law on the conduct of segregation and ■​ (6) Department of Trade and Industry (DTI);
collection of solid waste? ■​ (7) Department of Agriculture (DA);
○​ The law provides that segregation and collection of solid waste shall be ■​ (8) Metro Manila Development Authority (MMDA);
conducted at the barangay level, specifically for biodegradable, compostable ■​ (9) League of provincial governors;
and reusable wastes, while the collection of non-recyclable materials and ■​ (10) League of city mayors;
special wastes shall be the responsibility of the municipality or city. ■​ (11) League of municipal mayors;
○​ Mandatory segregation of solid wastes shall primarily be conducted at the ■​ (12) Association of barangay councils;
source, to include household, institutional, industrial, commercial and ■​ (13) Technical Education and Skills Development Authority
agricultural sources. (TESDA); and
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●​ What does segregation at source refer to? ■​ (14) Philippine Information Agency.
○​ Segregation at source refers to a solid waste management practice of ○​ The private sector shall be represented by the following:
separating, at the point of origin, different materials found in solid waste in

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■​ (a) A representative from nongovernment organizations (NGOs) implementation and enforcement of the provisions of this Act within their
whose principal purpose is to promote recycling and the protection respective jurisdictions.

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of air and water quality; ○​ Segregation and collection of solid waste shall be conducted at the barangay
■​ (b) A representative from the recycling industry; and level specifically for biodegradable, compostable and reusable wastes:
■​ (c) A representative from the manufacturing or packaging industry; Provided, That the collection of non-recyclable materials and special wastes
○​ The Commission may, from time to time, call on any other concerned shall be the responsibility of the municipality or city.
agencies or sectors as it may deem necessary. ●​ Can the LGUs impose and collect fees for services rendered?
○​ SECTION 7. The National Ecology Center. — There shall be established a ○​ Yes, the LGUs are statutorily sanctioned to impose and collect such
National Ecology Center under the Commission which shall provide reasonable fees and charges for services rendered.
consulting, information, training, and networking services for the ○​ The authority of the municipality or city to impose fees is limited to the
implementation of the provisions of this Act. collection and transport of non-recyclable and special wastes and for the

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■​ In this regard, it shall perform the following functions: disposal of these into the sanitary landfill.
●​ (a) Facilitate training and education in integrated ○​ Barangays, on the other hand, have the authority to impose fees for the
ecological solid waste management; collection and segregation of biodegradable, compostable and reusable
●​ (b) Establish and manage a solid waste management waters from households, commerce, other sources of domestic wastes, and
information data base, in coordination with the DTI and for the use of barangay Materials Recovery Facility (MRF).
other concerned agencies: ●​ Provincial Solid Waste Management Board

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○​ (1) on solid waste generation and management ○​ SECTION 11. Provincial Solid Waste Management Board. — A Provincial
techniques as well as the management, technical Solid Waste Management Board shall be established in every province, to
and operational approaches to resource be chaired by the governor. Its members shall include:
recovery; and ■​ (a) All the mayors of its component cities and municipalities;
○​ (2) of processors/recyclers, the list of materials ■​ (b) One (1) representative from the Sangguniang Panlalawigan to
being recycled or bought by them and their be represented by the chairperson of either the Committees on
respective prices; Environment or Health or their equivalent committees, to be

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●​ (c) Promote the development of a recycling market nominated by the presiding officer;
through the establishment of a national recycling network ■​ (c) The provincial health and/or general services officers, whichever
that will enhance the opportunity to recycle; may be recommended by the governor;
●​ (d)Provide or facilitate expert assistance in pilot modeling ■​ (d) The provincial environment and natural resources officer;
of solid waste management facilities; and ■​ (e) The provincial engineer;
●​ (e) Develop, test, and disseminate model waste ■​ (f) Congressional representative/s from each congressional district
minimization and reduction auditing procedures for within the province;
evaluating options. ■​ (g) A representative from the NGO sector whose principal purpose
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■​ The National Ecology Center shall be headed by the director of the is to promote recycling and the protection of air and water quality;
Bureau in his ex officio capacity. It shall maintain a multi-sectoral, ■​ (h) A representative from the recycling industry;
multi-disciplinary pool of experts including those from the academe, ■​ (i) A representative from the manufacturing or packaging industry;
inventors, practicing professionals, business and industry, youth, and
women and other concerned sectors, who shall be screened ■​ (j) A representative of each concerned government agency
according to qualifications set by the Commission. possessing relevant technical and marketing expertise as may be
●​ What is the role of the LGUs? determined by the Board.
○​ The LGUs shall share with the national government the responsibility in the ○​ The Provincial Solid Waste Management Board may, from time to time, call
management of ecological balance within their territorial jurisdiction. on any other concerned agencies or sectors as it may deem necessary.
○​ SECTION 10. Role of LGUs in Solid Waste Management. — Pursuant to the ■​ Provided, That representatives from the NGOs, recycling and
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relevant provisions of R.A. No. 7160, otherwise known as the Local manufacturing or packaging industries shall be selected through a
Government Code, the LGUs shall be primarily responsible for the process designed by themselves and shall be endorsed by the
government agency representatives of the Board:

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●​ Provided, further, That in the Province of Palawan, the ■​ (6) Coordinate the efforts of the component cities and municipalities
Board shall be chaired by the chairman of the Palawan in the implementation of the Provincial Solid Waste Management

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Council for Sustainable Development, pursuant to Plan;
Republic Act No. 7611. ■​ (7) Develop an appropriate incentive scheme as an integral
○​ In the case of Metro Manila, the Board shall be chaired by the chairperson of component of the Provincial Solid Waste Management Plan;
the MMDA and its members shall include: ■​ (8) Convene joint meetings of the provincial, city and municipal
■​ (i) All mayors of its component cities and municipalities; solid waste management boards at least every quarter for purposes
■​ (ii) A representative from the NGO sector whose principal purpose of integrating, synchronizing, monitoring and evaluating the
is to promote recycling and the protection of air and water quality; development and implementation of its provincial solid waste
■​ (iii) A representative from the recycling industry; and management plan;
■​ (iv) A representative from the manufacturing or packaging industry. ■​ (9) Represent any of its component city or municipality in

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○​ The Board may, from time to time, call on any other concerned agencies or coordinating its resource and operational requirements with
sectors as it may deem necessary. agencies of the national government;
■​ Provided, That representatives from the NGOs, recycling and ■​ (10) Oversee the implementation of the Provincial Solid Waste
manufacturing or packaging industries shall be selected through a Management Plan;
process designed by themselves and shall be endorsed by the ■​ (11) Review every two (2) years or as the need arises the Provincial
government agency representatives of the Board. Solid Waste Management Plan for purposes of ensuring its

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○​ The Provincial Solid Waste Management Board shall have the following sustainability, viability, effectiveness and relevance in relation to
functions and responsibilities: local and international developments in the field of solid waste
■​ (1) Develop a provincial solid waste management plan from the management; and
submitted solid waste management plans of the respective city and ■​ (12) Allow for the clustering of LGUs for the solution of common
municipal solid waste management boards herein created. It shall solid waste management problems.
review and integrate the submitted plans of all its component cities ●​ City/Municipal Solid Waste Management Board
and municipalities and ensure that the various plans complement ○​ SECTION 12. City and Municipal Solid Waste Management Board. — Each

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each other, and have the requisite components. The Provincial city or municipality shall form a City or Municipal Waste Management Board
Solid Waste Management Plan shall be submitted to the that shall prepare, submit and implement a plan for the safe and sanitary
Commission for approval. management of solid waste generated in areas under its geographic and
●​ The Provincial Plan shall reflect the general program of political coverage.
action and initiatives of the provincial government in ○​ The City or Municipal Solid Waste Management Board shall be composed of
implementing a solid waste management program that the city or municipal mayor as head with the following as members:
would support the various initiatives of its component cities ■​ (a) One (1) representative of the Sangguniang Panlungsod or the
and municipalities. Sangguniang Bayan, preferably chairpersons of either the
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■​ (2) Provide the necessary logistical and operational support to its Committees on Environment or Health, who will be designated by
component cities and municipalities in consonance with subsection the presiding officer;
(f) of Sec. 17 of the Local Government Code; ■​ (b) President of the Association of Barangay Councils in the
■​ (3) Recommend measures and safeguards against pollution and for municipality or city;
the preservation of the natural ecosystem; ■​ (c) Chairperson of the Sangguniang Kabataan Federation;
■​ (4) Recommend measures to generate resources, funding and ■​ (d) A representative from NGOs whose principal purpose is to
implementation of projects and activities as specified in the duly promote recycling and the protection of air and water quality;
approved solid waste management plans; ■​ (e) A representative from the recycling industry;
■​ (5) Identify areas within its jurisdiction which have common solid ■​ (f) A representative from the manufacturing or packaging industry;
waste management problems and are appropriate units for and
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planning local solid waste management services in accordance with ■​ (g) A representative of each concerned government agency
Section 41 hereof; possessing relevant technical and marketing expertise as may be
determined by the Board.

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○​ The City or Municipal Solid Waste Management Board may, from time to ■​ (10) Provide the necessary logistical and operational support to its
time, call on any concerned agencies or sectors as it may deem necessary. component cities and municipalities in consonance with subsection

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■​ Provided, That representatives from the NGOs, recycling and (f) of Sec. 17 of the Local Government Code;
manufacturing or packaging industries shall be selected through a ■​ (11) Recommend measures and safeguards against pollution and
process designed by themselves and shall be endorsed by the for the preservation of the natural ecosystem; and
government agency representatives of the Board. ■​ (12) Coordinate the efforts of its component barangays in the
○​ The City and Municipal Solid Waste Boards shall have the following duties implementation of the city or municipal Solid Waste Management
and responsibilities: Plan.
■​ (1) Develop the City or Municipal Solid Waste Management Plan ●​ Are open dumps for solid waste allowed?
that shall ensure the long-term management of solid waste, as well ○​ SECTION 37. Prohibition Against the Use of Open Dumps for Solid Waste.
as integrate the various solid waste management plans and ■​ No open dumps shall be established and operated, nor any practice

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strategies of the barangays in its area of jurisdiction. In the or disposal of solid waste by any person, including LGUs, which
development of the Solid Waste Management Plan, it shall conduct constitutes the use of open dumps for solid waste, be allowed after
consultations with the various sectors of the community; the effectivity of this Act:
■​ (2) Adopt measures to promote and ensure the viability and ●​ Provided, That within three (3) years after the effectivity of
effective implementation of solid waste management programs in this Act, every LGU shall convert its open dumps into
its component barangays; controlled dumps, in accordance with the guidelines set in

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■​ (3) Monitor the implementation of the City or Municipal Solid Waste Sec. 41 of this Act: Provided, further, That no controlled
Management Plan through its various political subdivisions and in dumps shall be allowed five (5) years following the
cooperation with the private sector and the NGOs; effectivity of this Act.
■​ (4) Adopt specific revenue-generating measures to promote the ●​ What is a sanitary landfill?
viability of its Solid Waste Management Plan; ○​ Sanitary landfill shall refer to a waste disposal site designed, constructed,
■​ (5) Convene regular meetings for purposes of planning and operated and maintained in a manner that exerts engineering control over
coordinating the implementation of the solid waste management significant potential environmental impacts arising from the development and

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plans of the respective component barangays; operation of the facility.
■​ (6) Oversee the implementation of the City or Municipal Solid ●​ What are the criteria for siting a sanitary landfill?
Waste Management Plan; ○​ SECTION 40. Criteria for Siting a Sanitary Landfill. — The following shall be
■​ (7) Review every two (2) years or as the need arises the City or the minimum criteria for the siting of sanitary landfills:
Municipal Solid Waste Management Plan for purposes of ensuring ■​ (a) The site selected must be consistent with the overall land use
its sustainability, viability, effectiveness and relevance in relation to plan of the LGU;
local and international developments in the field of solid waste ■​ (b) The site must be accessible from major roadways or
management; thoroughfares;
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■​ (8) Develop the specific mechanics and guidelines for the ■​ (c) The site should have an adequate quantity of earth cover
implementation of the City or Municipal Solid Waste Management material that is easily handled and compacted;
Plan; ■​ (d) The site must be chosen with regard for the sensitivities of the
■​ (9) Recommend to appropriate local government authorities community’s residents;
specific measures or proposals for franchise or ■​ (e) The site must be located in an area where the landfill’s
build-operate-transfer agreements with duly recognized institutions, operation will not detrimentally affect environmentally sensitive
pursuant to R.A. 6957, to provide either exclusive or non-exclusive resources such as aquifer, groundwater reservoir or watershed
authority for the collection, transfer, storage, processing, recycling area;
or disposal of municipal solid waste. The proposals shall take into ■​ (f) The site should be large enough to accommodate the
consideration appropriate government rules and regulations on community’s wastes for a period of five (5) years during which
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contracts, franchises and build-operate-transfer agreements; people must internalize the value of environmentally sound and
sustainable solid waste disposal;

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■​ (g) The site chosen should facilitate developing a landfill that will ■​ (1) Littering, throwing, dumping of waste matters in public places,
satisfy budgetary constraints, including site development, operation such as roads, sidewalks, canals, esteros or parks, and

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for many years, closure, post-closure care and possible establishment, or causing or permitting the same;
remediation costs; ■​ (2) Undertaking activities or operating, collecting or transporting
■​ (h) Operating plans must include provisions for coordinating with equipment in violation of sanitation operation and other
recycling and resource recovery projects; and requirements or permits set forth in or established pursuant to this
■​ (i) Designation of a separate containment area for household Act;
hazardous wastes. ■​ (3) The open burning of solid waste;
●​ What are the criteria for establishment of a sanitary landfill? ■​ (4) Causing or permitting the collection of non-segregated or
○​ SECTION 41. Criteria for Establishment of Sanitary Landfill. — The following unsorted waste;
shall be the minimum criteria for the establishment of sanitary landfills: ■​ (5) Squatting in open dumps and landfills;

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■​ (a) Liners — a system of clay layers and/or geosynthetic ■​ (6) Open dumping, burying of biodegradable or non-biodegradable
membranes used to contain leachate and reduce or prevent materials in flood-prone areas;
contaminant flow to groundwater; ■​ (7) Unauthorized removal of recyclable material intended for
■​ (b) Leachate collection and treatment system — installation of collection by authorized persons;
pipes at the low areas of the liner to collect leachate for storage and ■​ (8) The mixing of source-separated recyclable material with other
eventual treatment and discharge; solid waste in any vehicle, box, container or receptacle used in

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■​ (c) Gas control and recovery system — a series of vertical wells or solid waste collection or disposal;
horizontal trenches containing permeable materials and perforated ■​ (9) Establishment or operation of open dumps as enjoined in this
piping placed in the landfill to collect gas for treatment or productive Act, or closure of said dumps in violation of Sec. 37;
use as an energy source; ■​ (10) The manufacture, distribution or use of non-environmentally
■​ (d) Groundwater monitoring well system — wells placed at an acceptable packaging materials;
appropriate location and depth for taking water samples that are ■​ (11) Importation of consumer products packaged in
representative of groundwater quality; non-environmentally acceptable materials;

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■​ (e) Cover — two (2) forms of cover consisting of soil and ■​ (12) Importation of toxic wastes misrepresented as “recyclable” or
geosynthetic materials to protect the waste from long-term contact “with recyclable content”;
with the environment: ■​ (13) Transport and dumping in bulk of collected domestic, industrial,
●​ (i) a daily cover placed over the waste at the close of each commercial and institutional wastes in areas other than centers or
day’s operations, and facilities prescribed under this Act;
●​ (ii) a final cover, or cap, which is the material placed over ■​ (14) Site preparation, construction, expansion or operation of waste
the completed landfill to control infiltration of water, gas management facilities without an Environmental Compliance
emission to the atmosphere, and erosion. Certificate required pursuant to Presidential Decree No. 1586 and
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■​ (f) Closure procedure — with the objectives of establishing low this Act and not conforming with the land use plan of the LGU;
maintenance cover systems and final cover that minimizes the ■​ (15) The construction of any establishment within two hundred
infiltration of precipitation into the waste. Installation of the final (200) meters from open dumps or controlled dumps, or sanitary
cover must be completed within six (6) months of the last receipt of landfills; and
wastes; and ■​ (16) The construction or operation of landfills or any waste disposal
■​ (g) Post-closure care procedure — During this period, the landfill facility on any aquifer, groundwater reservoir or watershed area and
owner shall be responsible for providing for the general upkeep of or any portions thereof.
the landfill, maintaining all of the landfill’s environmental protection ●​ What is citizen suits under RA 9003?
features, operating monitoring equipment, remediating groundwater ○​ SECTION 52. Citizen Suits. — For purposes of enforcing the provisions of
should it become contaminated and controlling landfill gas this Act or its implementing rules and regulations, any citizen may file an
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migration or emission. appropriate civil, criminal or administrative action in the proper courts/bodies
●​ What are the prohibited acts under RA 9003? against:
○​ SECTION 48. Prohibited Acts. — The following acts are prohibited:

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ENVIRONMENTAL AND NATURAL RESOURCES LAW | Atty. Ator | AY 2024-2025 | Kierra Carlobos

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■​ (a) Any person who violates or fails to comply with the provisions of CHANGE, CREATING FOR THIS PURPOSE THE CLIMATE
this Act or its implementing rules and regulations; or CHANGE COMMISSION, AND FOR OTHER PURPOSES

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■​ (b) The Department or other implementing agencies with respect to ●​ What is Climate Change?
orders, rules and regulations issued inconsistent with this Act; ○​ “Climate Change” refers to a change in climate that can be identified by
and/or changes in the mean and/or variability of its properties and that persists for
■​ (c) Any public officer who willfully or grossly neglects the an extended period typically decades or longer, whether due to natural
performance of an act specifically enjoined as a duty by this Act or variability or as a result of human activity.
its implementing rules and regulations; or abuses his authority in ●​ What are the two major greenhouse gases contributing to climate change?
the performance of his duty; or, in any manner, improperly performs ○​ According to the Keynote speech of Sen. Loren Legarda, 31st Climate
his duties under this Act or its implementing rules and regulations: Reality Leadership Corps Training, March 14, 2016, two of the major
Provided, however, That no suit can be filed until after thirty-day greenhouse gases contributing to climate change are produced by coal

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(30) notice has been given to the public officer and the alleged combustion – carbon dioxide and nitrous oxide.
violator concerned and no appropriate action has been taken ○​ As concentrations of these gases in the atmosphere accumulate, global
thereon. temperature increases, setting in motion absolute consequences of climate
○​ The Court shall exempt such action from the payment of filing fees and shall, change. Beyond the health impacts of coal-based energy production lie the
likewise, upon prima facie showing of the non-enforcement or violation severe and irreversible impacts of climate change across the world. The
complained of, exempt the plaintiff from the filing of an injunction bond for United Nations estimates that 26% of global mercury emissions come from

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the issuance of a preliminary injunction. the combustion of coal in power plants.
○​ In the event that the citizen should prevail, the Court shall award reasonable ●​ What is global warming?
attorney’s fees, moral damages and litigation costs as appropriate. ○​ Global warming occurs when carbon dioxide (CO2) and other air pollutants
●​ What is SLAPP under RA 9003? and greenhouse gases collect in the atmosphere and absorb sunlight and
○​ SECTION 53. Suits and Strategic Legal Action Against Public Participation solar radiation that have bounced off the earth’s surface. Normally, this
(SLAPP) and the Enforcement of this Act. — Where a suit is brought against radiation would escape into space – but these pollutants, which can last for
a person who filed an action as provided in Sec. 52 of this Act, or against years to centuries in the atmosphere, trap the heat and cause the planet to

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any person, institution or government agency that implements this Act, it get hotter. This is what is known as the greenhouse effect.
shall be the duty of the investigating prosecutor or the Court, as the case ●​ What is the landmark agreement with regard to climate change?
may be, to immediately make a determination not exceeding thirty (30) days ○​ The 2015 Paris Agreement is a landmark agreement in this history of
whether said legal action has been filed to harass, vex, exert undue humankind. The Philippines has committed to a 70% reduction by 2030
pressure or stifle such legal recourses of the person complaining of or from business as usual scenario from energy, transport, waste, industry and
enforcing the provisions of this Act. Upon determination thereof, evidence forestry.
warranting the same, the Court shall dismiss the case and award attorney’s ●​ What are the principles adopted under the Climate Change Act?
fees and double damages. ○​ Towards this end, the State adopts the principle of protecting the climate
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○​ This provision shall also apply and benefit public officers who are sued for system for the benefit of humankind, on the basis of climate justice or
acts committed in their official capacity, there being no grave abuse of common but differentiated responsibilities and the Precautionary Principle to
authority, and done in the course of enforcing this Act. guide decision-making in climate risk management. As a party to the United
Nations Framework Convention on Climate Change, the State adopts the
Republic Act 9729 ultimate objective of the Convention which is the stabilization of greenhouse
Climate Change Act of 2009 gas concentrations in the atmosphere at a level that would prevent
dangerous anthropogenic interference with the climate system which should
●​ What is RA 9729? be achieved within a time frame sufficient to allow ecosystems to adapt
○​ Republic Act 9729 is the Climate Change Act of 2009 naturally to climate change, to ensure that food production is not threatened
■​ AN ACT MAINSTREAMING CLIMATE CHANGE INTO and to enable economic development to proceed in a sustainable manner.
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GOVERNMENT POLICY FORMULATIONS, ESTABLISHING THE As a party to the Hyogo Framework for Action, the State likewise adopts the
FRAMEWORK STRATEGY AND PROGRAM ON CLIMATE strategic goals in order to build national and local resilience to climate
change-related disasters.

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●​ What body or agency is tasked to coordinate, monitor and evaluate the programs and ■​ (v) Representative from the business sector; and
action plans of the government relating to climate change? ■​ (w) Representative from nongovernmental organizations.

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○​ The Climate Change Commission shall be the sole policy-making body of ○​ At least one (1) of the sectoral representatives shall come from the disaster
the government which shall be tasked to coordinate, monitor and evaluate risk reduction community.
the programs and action plans of the government relating to climate change ○​ The representatives shall be appointed by the President from a list of
pursuant to the provisions of this Act. nominees submitted by their respective groups. They shall serve for a term
○​ The Climate Change Commission is an independent and autonomous body of six (6) years without reappointment unless their representation is
and has the same status as that of a national government agency. It is withdrawn by the sector they represent. Appointment to any vacancy shall
attached to the Office of the President. be only for the unexpired term of the predecessor.
●​ What is the composition of the commission? ○​ Only the ex officio members of the advisory board shall appoint a qualified
○​ SECTION 5. Composition of the Commission.—The Commission shall be representative who shall hold a rank of no less than an Undersecretary.

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composed of the President of the Republic of the Philippines who shall serve ●​ What is the People’s Survival Fund?
as the Chairperson, and three (3) Commissioners to be appointed by the ○​ On August 16, 2012, RA No. 10174 was issued establishing a People’s
President, one of whom shall serve as the Vice Chairperson of the Survival Fund (PSF) as a special fund in the National Treasury for the
Commission. financing of adaptation programs and projects based on the National
○​ The Commission shall have an advisory board composed of the following: Strategic Framework.
■​ (a) Secretary of the Department of Agriculture; ○​ The PSF may be augmented by donations, endowments, grants and

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■​ (b) Secretary of the Department of Energy; contributions, which shall be exempt from donor’s tax and be considered as
■​ (c) Secretary of the Department of Environment and Natural allowable deductions from the gross income of the donor, in accordance with
Resources; the provisions of the National Internal Revenue Code.
■​ (d) Secretary of the Department of Education; ■​ The People’s Survival Fund (PSF) is a special fund that helps LGUs
■​ (e) Secretary of the Department of Foreign Affairs; and communities finance climate change adaptation projects.
■​ (f) Secretary of the Department of Health; ●​ It supports initiatives like flood control, agriculture
■​ (g) Secretary of the Department of the Interior and Local resilience, early warning systems, and environmental

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Government; conservation. It ensures that localities can cope with
■​ (h) Secretary of the Department of National Defense, in his capacity climate impacts.
as Chair of the National Disaster Coordinating Council;
■​ (i) Secretary of the Department of Public Works and Highways;
■​ (j) Secretary of the Department of Science and Technology;
■​ (k) Secretary of the Department of Social Welfare and
Development;
■​ (l) Secretary of the Department of Trade and Industry;
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■​ (m) Secretary of the Department of Transportation and
Communications;
■​ (n) Director-General of the National Economic and Development
Authority, in his capacity as Chair of the Philippine Council for
Sustainable Development;
■​ (o) Director-General of the National Security Council;
■​ (p) Chairperson of the National Commission on the Role of Filipino
Women;
■​ (q) President of the League of Provinces;
■​ (r) President of the League of Cities;
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■​ (s) President of the League of Municipalities;

■​ (t) President of the Liga ng mga Barangay;
■​ (u) Representative from the academe;

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